2014 -- S 2265

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LC004016

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2014

____________

A N   A C T

RELATING TO EDUCATION -- BOARD OF EDUCATION ORGANIZATIONAL

STRUCTURE

     Introduced By: Senators Gallo, DaPonte, DiPalma, and Sheehan

     Date Introduced: February 04, 2014

     Referred To: Senate Education

     (Governor)

It is enacted by the General Assembly as follows:

     SECTION 1. Board of Education Organizational Structure – Legislative findings. The

general assembly hereby finds and declares:

     (a) Pursuant to Rhode Island Public Law 2012, Chapter 241, Article 4, Section 3 enacted

by the General Assembly, the Rhode Island Board of Education was established, "…to modernize

the manner in which education shall be governed for future generations"; and

     (b) The Rhode Island Board of Education was charged by the General Assembly to

"…establish a plan for distributing the assets, responsibilities, powers, authorities, and duties of

the office of higher education to the three (3) higher education institutions and appropriate state

agencies"; and

     (c) The Board was responsible for submitting a permanent governance structure to the

General Assembly for consideration that at a minimum would: "…(1) Provide clear guidance on

statutory, legal, financial and contractual obligations; (2) Establish a policy framework that

furthers the goals of this chapter; and (3) Establish appropriate administrative structures, support,

policies and procedures."; and

     (d) The Rhode Island Board of Education recommends that the General Assembly enact a

new governance structure to effectuate the permanent establishment of the Board of Education in

order to achieve the goals articulated by the preamble of Rhode Island Public Law 2012, Chapter

241, Article 4, Section 3.

     SECTION 2. Chapter 16-32 of the General Laws entitled "University of Rhode Island" is

hereby amended by adding thereto the following section:

     16-32-2.1. Additional powers of the President of the University.-- In addition to any

powers granted to the president of the University of Rhode Island by law or regulation, the

president shall have the following additional powers and duties:

     (a) To create, and consolidate departments, divisions, programs, and courses of study

within the university with the assistance of the commissioner of postsecondary education within

the approved role and scope adopted by the council on postsecondary education pursuant to § 16-

59-4. Any new or proposed eliminations of departments, divisions, programs or courses of study

that are outside the role and scope approved by the council shall require the review and approval

of the council on postsecondary education.

     (b) To adopt a budget for the university and submit it to the council on postsecondary

education for approval.

     (c) To be responsible for the general management of property of the university.

     (d) To recommend to the council on postsecondary education, after consultation with the

commissioner of postsecondary education, tables of organization for the university.

     (e) To submit to the office of postsecondary commissioner and to compile and analyze

the following information for presentation to the council on postsecondary education and the

board of education annually by May 1 the following:

     (1) A detailed departmental breakdown of all faculty members employed at the university

by rank (including all professors, associate professors, assistant professors, lecturers, and

instructors) and tenure (tenured and non-tenured, and other) and by race (African American,

Hispanic, Native American, and Asian) and gender.

     (2) A detailed report on current student enrollments for each class at the university by

race and gender, by academic department, and by outreach program (e.g. talent development),

guaranteed admissions program, and the current levels of funding and staff support for each of

these programs.

     (3) A report on the current status of the African and Afro-American studies programs at

the university and a five (5) year budgetary history of the programs along with projections for

budgetary support for the next two (2) years.

     (4) A plan for recruitment of African American and Hispanic faculty into tenure track

positions at each the university with specific reference to and planned involvement with the New

England higher education's minority faculty recruitment and development plan.

     (5) Certified copies of the report shall be furnished to the council of postsecondary

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education and the board of education.

     SECTION 3. Chapter 16-33 of the General Laws entitled "Rhode Island College" is

hereby amended by adding thereto the following section:

     16-33-2.1. Additional powers of the President of the College. -- In addition to any

powers granted to the president of Rhode Island College by law or regulation, the president shall

have the following additional powers and duties:

     (a) To create and consolidate departments, divisions, programs, and courses of study

within the college with the assistance of the commissioner of postsecondary education within the

approved role and scope adopted by the council on postsecondary education pursuant to § 16-59-

4. Any new or proposed eliminations of departments, divisions, programs or courses of study that

are outside the role and scope approved by the council shall require the review and approval of

the council on postsecondary education.

     (b) To adopt a budget for the college and submit it to the council for postsecondary

education for approval.

     (c) To be responsible for the general management of property of the college.

     (d) To recommend to the council on postsecondary education, after consultation with the

commissioner of postsecondary, education tables of organization for the College.

     (e) To submit to the office of postsecondary commissioner and to compile and analyze

the following information for presentation to the council for postsecondary education and the

board of education annually by May 1 the following:

     (1) A detailed departmental breakdown of all faculty members employed at the college

by rank (including all professors, associate professors, assistant professors, lecturers, and

instructors) and tenure (tenured and non-tenured, and other) and by race (African American,

Hispanic, Native American, and Asian) and gender.

     (2) A detailed report on current student enrollments for each class at the college by race

and gender, by academic department, and by outreach program (e.g. talent development),

guaranteed admissions program, and the current levels of funding and staff support for each of

these programs.

     (3) A report on the current status of the African and Afro-American studies programs at

the college and a five (5) year budgetary history of the programs along with projections for

budgetary support for the next two (2) years.

     (4) A plan for recruitment of African American and Hispanic faculty into tenure track

positions at each the college with specific reference to and planned involvement with the New

England higher education's minority faculty recruitment and development plan.

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     (5) Certified copies of the report shall be furnished to the council of postsecondary

education and the board of education.

     SECTION 4. Chapter 16-33.1 of the General Laws entitled "Community College of

Rhode Island" is hereby amended by adding thereto the following section:

     16-33.1-2.1 Additional powers of the President of the College. -- In addition to any

powers granted to the president of the Community College of Rhode Island by law or regulation,

the president shall have the following additional powers and duties:

     (a) To create and consolidate departments, divisions, programs, and courses of study

within the college with the assistance of the commissioner of postsecondary education within the

approved role and scope adopted by the council on postsecondary education pursuant to § 16-59-

4. Any new or proposed eliminations of departments, divisions, programs or courses of study that

are outside the role and scope approved by the council shall require the review and approval of

the council on postsecondary education.

     (b) To adopt a budget for the college and submit it to the council on postsecondary

education for approval.

     (c) To be responsible for the general management of property of the college.

     (d) To recommend to the council on postsecondary education, after consultation with the

commissioner of postsecondary education, tables of organization for the college.

     (e) To submit to the office of postsecondary commissioner and to compile and analyze

the following information for presentation to the council on postsecondary education and the

board of education annually by May 1 the following:

     (1) A detailed departmental breakdown of all faculty members employed at the college

by rank (including all professors, associate professors, assistant professors, lecturers, and

instructors) and tenure (tenured and non-tenured, and other) and by race (African American,

Hispanic, Native American, and Asian) and gender.

     (2) A detailed report on current student enrollments for each class at the college by race

and gender, by academic department, and by outreach program (e.g. talent development),

guaranteed admissions program, and the current levels of funding and staff support for each of

these programs.

     (3) A report on the current status of the African and Afro-American studies programs at

the college and a five (5) year budgetary history of the programs along with projections for

budgetary support for the next two (2) years.

     (4) A plan for recruitment of African American and Hispanic faculty into tenure track

positions at each the college with specific reference to and planned involvement with the New

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England higher education's minority faculty recruitment and development plan.

     (5) Certified copies of the report shall be furnished to the council on postsecondary

education and the board of education.

     SECTION 5. Sections 16-59-1, 16-59-2, 16-59-4, 16-59-6, 16-59-7.1, 16-59-9 and 16-59-

22 of the General Laws in Chapter 16-59 entitled "Board of Governors for Higher Education" are

hereby amended to read as follows:

     16-59-1. Board of governors for higher education established Council on

Postsecondary Education established. -- (a) There is created a board of governors for higher

council on postsecondary education, sometimes referred to as the "board" or the "board of

governors" "council", which shall be and is constituted a public corporation, empowered to sue

and be sued in its own name, to have a corporate seal, and to exercise all the powers, in addition

to those specifically enumerated in this chapter, usually appertaining to public corporations

entrusted with control of postsecondary educational institutions and functions. The board shall be

protected from sudden changes in membership and reversal of policy by having staggered terms

for its public members. Upon its organization the board of governors council shall be invested

with the legal title (in trust for the state) to all property, real and personal, now owned by and/or

under the control or in custody of the board of regents for education for the use of the University

of Rhode Island, Rhode Island College, Community College of Rhode Island and the system of

community colleges of Rhode Island including all departments, divisions, and branches of these.

     (b) The board of governors council is empowered to hold and operate the property in trust

for the state; to acquire, hold, and dispose of the property and other like property as deemed

necessary for the execution of its corporate purposes. The board of governors council is made

successor to all powers, rights, duties, and privileges formerly belonging to the board of regents

for education pertaining to postsecondary education and the board of governors for higher

education.

     (c) The board of governors shall consist of thirteen (13) members as follows: twelve (12)

public members, appointed pursuant to the terms of § 16-59-2, one of whom shall be a full time

student in good standing at the University of Rhode Island, Rhode Island College or the

Community College of Rhode Island, and a member of the board of regents for elementary and

secondary education designated by the governor.

     (d) The public members of the board of governors shall not be compensated for their

service in attending meetings or duly organized subcommittee meetings of the board.

     (e) The governor shall designate one of the public members as chairperson of the board

of governors. The board may elect from among its members such other officers as it deems

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necessary. Seven (7) voting members of the board shall constitute a quorum and a majority vote

of those present and voting shall be required for action.

     (c) The council shall be the employer of record for higher education and the office of

postsecondary education. It shall retain all authority formerly vested in the board of education

regarding the employment of faculty and staff at the public higher education institutions.

     16-59-2. Appointment of members of the board of governors for higher education

Appointment of members of the council on postsecondary education. -- (a) The governor

shall, with the advice and consent of the senate establish the board establish the council for

postsecondary education by appointing eleven (11) seven (7) members of the board of education

established pursuant to chapter 16-97 to serve in staggered terms. as members of the council, until

the expiration of their term as a member of the board of education and their successor is

appointed. In addition the governor shall appoint one student member who shall be a full time

student in good standing at the University of Rhode Island, Rhode Island College or the

Community College of Rhode Island and who shall serve in a non-voting, ex officio capacity for

a single two (2) year term and shall rotate among the three (3) public institutions. The governor

shall appoint the chair of the council on an annual basis from among the seven (7) voting council

members. The appointments shall be made for terms of three (3) years commencing on February

1 in the year of the appointment and ending on January 31 in the third (3rd) year thereafter,

except in the case of the student member whose appointment shall be for a period of two (2)

years.

     (b) At the expiration of their terms members shall remain and continue in their official

capacity until a new member is appointed and confirmed. Any vacancy among the public

members of the board shall be filled by appointment of the governor for the remainder of the

unexpired term. In the selection and appointment of members of the board, the governor shall

seek persons who best serve the entire needs of the state. Public members shall not be appointed

for more than three (3) successive three (3) year terms each; provided, however, that this

limitation shall not apply to that person designated as chairperson by the governor who may be a

member so long as he or she shall serve as chairperson. Student members shall be appointed by

the governor for a single two (2) year term and shall rotate among the three (3) public institutions.

     (c) No person shall be eligible for appointment to the board after the effective date of this

act [March 24, 2006] unless he or she is a resident of this state.

     (d) Members of the board shall be removable by the governor pursuant to the provisions

of § 36-1-7 of the general laws and for cause only, and removal solely for partisan or personal

reasons unrelated to capacity or fitness for the office shall be unlawful.

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     16-59-4. Powers and duties of board Powers and duties of the council on

postsecondary education. -- (a) The board of governors for higher council on postsecondary

education shall have, in addition to those enumerated in § 16-59-1, the following powers and

duties:

     (1) To approve a systematic program of information gathering, processing, and analysis

addressed to every level, aspect, and form of higher education in this state especially as that

information relates to current and future educational needs so that current needs may be met with

reasonable promptness and plans formulated to meet future needs as they arise in the most

efficient and economical manner possible.

     (2) To develop and approve a master strategic plan defining implementing broad goals

and objectives for higher education in the state as established by the board of education, including

a comprehensive capital development program. These goals and objectives shall be expressed in

terms of what men and women should know and be able to do as a result of their educational

experience. The board of governors shall continuously evaluate the efforts and results of

education in the light of these objectives.

     (3) To formulate broad policy to implement the goals and objectives established and

adopted by the board of governors education, to adopt standards and require enforcement and to

exercise general supervision over all higher public education in the state and over independent

higher education in the state as provided in subdivision (8) of this section. The board of governors

education and the council shall not engage in the operation or administration of any subordinate

committee, university, junior college, or community college, except its own office of higher

postsecondary education and except as specifically authorized by an act of the general assembly;

provided, the presidents of each institution of higher learning shall be the chief administrative and

executive officers of that institution; and provided that nothing contained in this section shall

prohibit their direct access to or interfere with the relationship between the presidents and the

board of governors education and the council. The adoption and submittal of the budget, the

approval of tables of organization, the creation, abolishment, and consolidation of departments,

divisions, programs, and courses of study, and the acquisition, holding, disposition, and general

management of property shall not be construed to come within the purview of the preceding

prohibition. The board shall communicate with and seek the advice of the commissioner of higher

education and all those concerned with and affected by its determinations as a regular procedure

in arriving at its conclusions and in setting its policy.

     (4) To communicate with and seek the advice of the commissioner of postsecondary

education, the presidents of the public higher education institutions and all those concerned with

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and affected by its determinations as a regular procedure in arriving at its conclusions and in

setting its policy.

     (4)(5) To prepare and maintain a five (5) year funding plan for higher education that

implements the strategic financing recommendations of the board of education; to prepare with

the assistance of the commissioner of higher postsecondary education and to present annually to

the state budget officer in accordance with § 35-3-4 a state higher educational budget, which shall

include, but not be limited to, the budget of the office of higher postsecondary education and the

budget of the state colleges. In the preparation of the budget, the board council shall determine

implement the priorities established by the board of education of expenditures for public higher

education purposes of state revenues and other public resources made available for the support of

higher public education. Prior to submitting the budget to the state budget officer as required by

the budget office instructions and this subsection, the council shall present the budget to the board

of education for its review and consent. Nothing contained in this subdivision shall authorize the

board council to alter the allocation of grants or aid otherwise provided by law.

     (5)(6) To maintain an office of higher education postsecondary commissioner; to provide

for its staffing and organization; and to appoint manage and oversee a commissioner of higher

postsecondary education pursuant to duties and responsibilities defined in § 16-59-6 and § 16-59-

7, who shall serve at its pleasure. The commissioner of higher postsecondary education and the

office of higher education postsecondary commissioner shall have the duties and responsibilities

as defined in §§ 16-59-6 and 16-59-7.

     (6)(7) To appoint and dismiss presidents of the public institutions of higher learning with

the assistance of the commissioner of higher postsecondary education, and to establish procedures

for this, and with the assistance of the commissioner to approve or disapprove vice presidents of

the public institutions of higher learning appointed by the respective presidents of the public

institutions of higher learning.

     (7)(8) To establish other educational agencies or subcommittees necessary or desirable

for the conduct of any or all aspects of higher education and to determine all powers, functions,

and composition of any agencies or subcommittees and to dissolve them when their purpose shall

have been fulfilled.

     (8)(9) To exercise the authority vested in the board of regents for education with relation

to independent higher educational institutions within the state under the terms of chapter 40 of

this title, and other laws affecting independent higher education in the state.

     (9)(10) To enforce the provisions of all laws relating to higher education, public and

independent.

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     (10)(11) To be responsible for all the functions, powers, and duties which were vested in

the board of regents for education relating to higher education, including but not limited to the

following specific functions:

     (i) To approve the tables of organization role and scope of programs at public institutions

of higher learning with the assistance of the commissioner of higher education postsecondary

education which shall include, but not be limited to, populations to be served, the type and level

of programs and academic fields offered.

     (ii) To adopt and require standard accounting procedures for the office of higher

education postsecondary commissioner and all public colleges and universities.

     (iii) To create, abolish, and consolidate departments, divisions, programs, and courses of

study within the public colleges and universities with the assistance of the commissioner of

higher education after consultation with the presidents.

     (iv)(iii) To establish approve a clear and definitive mission for each public institution of

higher learning with the assistance of the commissioner of higher education. postsecondary

education that is consistent with the role and scope of programs at the public institutions.

     (v)(iv) To promote maximum efficiency, economy, and cooperation in the delivery of

public higher educational services in the state and cooperation with independent institutions of

higher education.

     (11)(12) To incorporate into its own affirmative action reporting process periodic reports

monitoring specific faculty and staff searches by the chairperson of the search committee to

include the rationale for granting those interviews and the final hiring results. The institutions

must empower its affirmative action officer to monitor searches in this manner, to intervene

during the search, and, when necessary, to cause a search to cease if affirmative action goals are

not being adequately served.

     (12)(13) To incorporate a specific category for accountability on affirmative action goals

and implementation as part of the board's annual evaluations and three (3) year reviews for the

presidents of each of the public institutions of higher education.

     (13)(14) To make a formal request of the governor that whenever an opportunity arises to

make new appointments to the board, that the governor make every effort to increase the number

of African Americans, Native Americans, Asians, and Hispanics on the board.

     (14) Within ninety (90) days after the end of each fiscal year, the board shall submit an

annual report to the governor, the speaker of the house of representatives, and the president of the

senate of its activities during that fiscal year. The report shall provide: an operating statement

summarizing meetings or hearings held, subjects addressed, decisions rendered, rules or

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regulations promulgated, studies conducted, policies and plans developed, approved, or modified,

and programs administered or initiated; a consolidated financial statement of all funds received

and expended including the source of the funds, a listing of any staff supported by these funds,

and a summary of any clerical, administrative or technical support received; a summary of

performance during the previous fiscal year including accomplishments, shortcomings and

remedies; a synopsis of hearings, complaints, suspensions, or other legal matters related to the

authority of the board; a briefing on anticipated activities in the upcoming fiscal year; and

findings and recommendations for improvements. The director of the department of

administration shall be responsible for the enforcement of the provisions of this subsection.

     (15) The board shall conduct a training course for newly appointed and qualified

members within six (6) months of their qualification. The course shall be developed by the

chairperson of the board, approved by the board, and conducted by the chairperson of the board.

The board may approve the use of any board or staff members or other individuals to assist with

training. The training course shall include instruction in the following areas: the provisions of

chapters 42-46, 36-14, and 38-2; and the board's own rules. The director of the department of

administration shall, within ninety (90) days of the effective date of this act [March 24, 2006],

prepare and disseminate training materials relating to the provisions of chapters 42-46, 36-14, and

38-2.

     (15) To develop coherent plans for the elimination of unnecessary duplication in public

higher education and addressing the future needs of public education within the state in the most

efficient and economical manner possible.

     (16) To delegate to the presidents of each public higher education institution the authority

and responsibility for operational and management decisions related to their institutions,

consistent with the goals of the statewide strategic plan for postsecondary education; provided,

however, that the presidents may be required to provide information or updates to the council

regarding any delegated operational or management decisions.

     16-59-6. Commissioner of higher education Commissioner of postsecondary

education. -- The board council on postsecondary education shall appoint a commissioner of

higher postsecondary education with the advice and consent of the board of education, who shall

serve at the pleasure of the board council, provided that his or her initial engagement by the board

council shall be for a period of not more than three (3) years. For the purpose of appointing,

retaining, or dismissing a commissioner of higher postsecondary education, the governor shall

serve as an additional voting member of the board council, and provided that in the case of a tie,

the president of the senate shall cast the deciding vote. The position of commissioner shall be in

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the unclassified service of the state and he or she shall serve as the chief executive officer of the

board of governors council on postsecondary education and as the chief administrative officer of

the office of higher education postsecondary commissioner. The commissioner of higher

postsecondary education shall have any duties that are defined in this section and in this title and

other additional duties as may be determined by the board council, and shall perform any other

duties as may be vested in him or her by law. In addition to these duties and general supervision

of the office of higher education postsecondary commissioner and the appointment of the several

officers and employees of the office, it shall be the duty of the commissioner of higher

postsecondary education:

     (1) To develop and implement a systematic program of information gathering,

processing, and analysis addressed to every aspect of higher education in the state, especially as

that information relates to current and future educational needs.

     (2) To prepare a master strategic plan for higher education in the state aligned with the

goals of the board of education's strategic plan; to coordinate the goals and objectives of the

higher public education sector with the goals of the council on elementary and secondary

education, and activities of the independent higher education sector where feasible.

     (3) To communicate with and seek the advice of those concerned with and affected by the

board of governors' education's and council's determinations.

     (4) To implement broad policy as it pertains to the goals and objectives established by the

board of education and council on postsecondary education; to enforce standards and to exercise

general supervision promote better coordination between over higher public education in the

state, and over independent higher education in the state as provided in subdivision (11) of this

section and pre-k through 12 education; to assist in the preparation of the budget for public higher

education and to be responsible upon direction of the board council for the allocation of

appropriations, the acquisition, holding, and disposition, and general management of property.

     (5) To be responsible for the coordination of the various higher educational functions of

the state so that maximum efficiency and economy can be achieved.

     (6) To assist the board of education in preparation and maintenance of a five (5) year

strategic funding plan for higher education; to assist the board council in the preparation and

presentation annually to the state budget officer in accordance with § 35-3-4 of a total public

higher educational budget.

     (7) To recommend to the board of governors, council on postsecondary education after

consultation with the presidents, a clear and definitive mission for each public institution of

higher learning.

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     (8) To recommend to the board of governors, after consultation with the presidents, tables

of organization for the public institutions of higher learning.

     (9) To annually recommend to the board of governors, council on postsecondary

education after consultation with the presidents, the creation, abolition, retention, or consolidation

of departments, divisions, programs, and courses of study within the public colleges and

universities to eliminate unnecessary duplication in public higher education and, to address the

future needs of public higher education in the state, and to advance proposals recommended by

the presidents of the public colleges and universities pursuant to sections 16-32-2.1, 16-33-2.1

and 16-33.1-2.1 of the general laws.

     (10) To supervise the operations of the office of higher education postsecondary

commissioner and any other additional duties and responsibilities that may be assigned by the

board council.

     (11) To perform the duties vested in the board of governors council with relation to

independent higher educational institutions within the state under the terms of chapter 40 of this

title and any other laws that affect independent higher education in the state.

     (12) To be responsible for the administration of policies, rules, and regulations of the

board of governors the council on postsecondary education with relation to the entire field of

higher education within the state, not specifically granted to any other department, board, or

agency and not incompatible with law.

     (13) To prepare standard accounting procedures for public higher education and all public

colleges and universities.

     (14) To carry out the policies and directives of the board of governors education and the

council on postsecondary education through the office of higher education postsecondary

commissioner and through utilization of the resources of the public institutions of higher learning.

     (15) To direct the office of higher education to compile and analyze the following

information for presentation to the speaker of the house and the governor by May 1st annually:

     (A) A detailed departmental breakdown of all faculty members employed at each state

run college and university by rank (including all professors, associate professors, assistant

professors, lecturers, instructors) and tenure (tenured and non-tenured, other) and by race

(African American, Hispanic, Native American, and Asian) and gender.

     (B) A detailed report on current student enrollments for each class at each state run

college and university by race and gender, by academic department, and by outreach program

(e.g. talent development), guaranteed admissions program, and the current levels of funding and

staff support for each of these programs.

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     (C) A report on the current status of the African and Afro-American studies programs at

each institution and a five (5) year budgetary history of the programs along with projections for

budgetary support for the next two (2) years.

     (D) A plan for recruitment of African American and Hispanic faculty into tenure track

positions at each institution with specific reference to and planned involvement with the New

England higher education's minority faculty recruitment and development plan.

     (ii) Certified copies of the report shall be furnished to the board of governors and the

presidents of the state colleges and universities.

     16-59-7.1. Permanent status for non-classified employees. -- All non-classified

employees of the board of governors council on postsecondary education who shall have twenty

(20) years, not necessarily consecutive, of service credit, these credits having been earned in

either the classified, non-classified, or unclassified service or any combination of these, shall be

deemed to have acquired full status in their positions as the status is defined by § 36-4-59;

provided that this provision shall not apply to those employees whose base entry date is after

August 7, 1996; and provided that this provision shall not apply to faculty employed by the board

of governors council on postsecondary education nor shall it apply to non-classified employees

who have acquired tenure as faculty.

     16-59-9. Educational budget and appropriations. -- (a) The general assembly shall

annually appropriate any sums it deems necessary for support and maintenance of higher

education in the state and the state controller is authorized and directed to draw his or her orders

upon the general treasurer for the payment of the appropriations or so much of the sums that are

necessary for the purposes appropriated, upon the receipt by him or her of proper vouchers as the

board of governors for higher education council on postsecondary education may by rule provide.

The board council shall receive, review, and adjust the budgets of its several subordinate

committees and agencies and for the office of higher education postsecondary commissioner and

present the budget as part of the budget for higher education under the requirements of § 35-3-4.

     (b) The office of higher education postsecondary commissioner and the institutions of

public higher education shall establish working capital accounts.

     (c) Any tuition or fee increase schedules in effect for the institutions of public higher

education shall be received by the board of governors council on postsecondary education for

allocation for the fiscal year for which state appropriations are made to the board of governors

council by the general assembly; provided that no further increases may be made by the board of

governors education or the council on postsecondary education for the year for which

appropriations are made. Except that these provisions shall not apply to the revenues of housing,

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dining, and other auxiliary facilities at the University of Rhode Island, Rhode Island College, and

the Community Colleges including student fees as described in P.L. 1962, ch. 257 pledged to

secure indebtedness issued at any time pursuant to P.L. 1962, ch. 257 as amended.

     (d) All housing, dining, and other auxiliary facilities at all public institutions of higher

learning shall be self-supporting and no funds shall be appropriated by the general assembly to

pay operating expenses, including principal and interest on debt services, and overhead expenses

for the facilities. Any debt service costs on general obligation bonds presented to the voters in

November 2000 and November 2004 or appropriated funds from the Rhode Island capital plan for

the housing auxiliaries at the University of Rhode Island and Rhode Island College shall not be

subject to this self-supporting requirement in order to provide funds for the building construction

and rehabilitation program. The institutions of public higher education will establish policies and

procedures which enhance the opportunity for auxiliary facilities to be self-supporting, including

that all faculty provide timely and accurate copies of booklist for required textbooks to the public

higher educational institution's bookstore.

     (e) The additional costs to achieve self-supporting status shall be by the implementation

of a fee schedule of all housing, dining, and other auxiliary facilities, including but not limited to,

operating expenses, principal, and interest on debt services, and overhead expenses.

     16-59-22. Applicability of merit system – Teacher certification – List of positions

transferable to classified service. -- (a) The appointment, promotion, salaries, tenure, and

dismissal of administrative, instructional, and research employees, and secretarial employees not

exceeding ten (10) in number, of the state colleges shall not be subject in any manner or degree to

control by the personnel administrator or by any officer or board other than the board of

governors for higher education council on postsecondary education. The certification of teachers

at the University of Rhode Island is abolished, except for teachers that elect to come or remain

under it.

     (b) All positions that are exempt from the Merit System Law, chapter 4 of title 36, which

become vacant or that are to be established, must be forwarded to the personnel administrator,

who in consultation with the deputy assistant commissioner of education in charge of personnel

and labor relations shall determine whether the position(s) in question shall remain in the board of

governors for higher education council on postsecondary education non-classified service or be

established in the classified service of the state.

     (c) No position presently in the classified service of the state subject to the Merit System

Law, chapter 4 of title 36, shall be changed or modified so as to establish the position in the board

of governors for higher education council on postsecondary education non-classified service.

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     (d) Faculty positions, presidents, vice presidents, deans, assistant deans, and student

employees of the higher education institutions shall not be covered by the preceding provisions

and shall remain in the board of governors for higher education council on postsecondary

education non-classified service.

     SECTION 6. Sections 16-59-4.1 and 16-59-8 of the General Laws in Chapter 16-59

entitled "Board of Governors for Higher Education" are hereby repealed.

     16-59-4.1. Administration of higher education. -- The director of the department of

administration is hereby directed to conduct research and analysis to recommend a revised plan

for the organizational structure for higher education governance, staff support and resource

allocation in Rhode Island. This plan shall address the goal of improving affordability and

accessibility to public higher education; and maximizing efficiencies while providing sufficient

support to the governance structure of public higher education. The director of the department of

administration is directed to report findings, recommendations and alternative designs to the

general assembly no later than November 1, 2011 with copies to the speaker of the house, senate

president, chairs of the house and senate finance committees and their respective fiscal advisors.

     The report shall include a strategic plan that outlines the mission, goals, and the estimated

cost and timelines to implement said recommendations. The report shall provide a clear definition

of roles and responsibilities, including those responsible for implementing the proposed

recommendations. The analysis shall develop measures of success, and an appropriate timeline to

measure implementation progress. It shall also include:

     (1) An examination of the various organizational structures in other states, evaluating

their strengths and weaknesses, and how they may or may not be applicable in Rhode Island. This

should include an evaluation of the best practices regarding organizational structures for higher

education.

     (2) An analysis of what functions could be allocated to other institutions, and which

might be centralized to translate into efficiencies and more effective higher education policy. This

should include, but not be limited to, strategies to reorganize and or centralize finance,

purchasing, human resources, information technology, and facilities management within an office

of higher education, with specific direction on the allocation of resources, staff and

responsibilities.

     The report should explore the feasibility of permanently allocating all operational

activities and other responsibilities currently held within the office of higher education to the

three (3) higher education institutions or other viable alternatives while maintaining the board of

governors.

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     All departments and agencies of the state shall furnish such advice and information,

documentary or otherwise to the director of the department of administration and its agents as is

deemed necessary or desirable to facilitate the purposes of the study.

     16-59-8. Operating executive committee. -- (a) There is established an operating

executive committee which shall be composed of the president of the University of Rhode Island,

the president of Rhode Island College, the president of Community College of Rhode Island and

the commissioner of higher education. The commissioner of higher education shall serve as the

chairperson of the committee.

     (b) The committee shall meet on a regular basis, provided, that they shall meet not less

than twelve (12) times per year, and the purpose of the committee shall include but not be limited

to developing coherent plans for the elimination of unnecessary duplication in public higher

education and addressing the future needs of public higher education within the state in the most

efficient and economical manner possible. All recommendations and information gathered at the

meetings of the committee shall be forwarded to the board of governors by the commissioner of

higher education in conjunction with the presidents for approval and disapproval.

     (c) Prior to the presentation of any proposal to the board of governors, the committee

shall fully examine its impact on higher education, including but not limited to its impact on

educational budgetary requirements, quality of higher education and elimination of unnecessary

duplication. The chairperson of the committee may invite additional participation by faculty and

other employees when he or she deems it necessary.

     SECTION 7. Sections 16-60-1, 16-60-2, 16-60-4 and 16-60-6 of the General Laws in

Chapter 16-60 entitled "Board of Regents for Elementary and Secondary Education" are hereby

amended to read as follows:

     16-60-1. Board established Council on elementary and secondary education

established. -- (a) There is created a board of regents for elementary and secondary education

sometimes referred to as the "regents" or the "board of regents," council on elementary and

secondary education which shall be and is constituted a public corporation, empowered to sue and

be sued in its own name, to have a corporate seal, and to exercise all the powers, in addition to

those specifically enumerated in this chapter, usually appertaining to public corporations

entrusted with control of elementary and secondary education institutions and functions. The

regents council on elementary and secondary education shall be protected from sudden changes in

membership and reversal of policy by having staggered terms for its public members.

     (b) Upon its organization the board of regents council on elementary and secondary

education shall be invested with the legal title (in trust for the state) to all property, real and

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personal, now owned by and/or under the control or in the custody of the board of regents for

education for the use of the department of elementary and secondary education. The board of

regents council on elementary and secondary education is made successor to all powers, rights,

duties, and privileges pertaining to elementary and secondary education.

     (c) The board of regents for elementary and secondary education shall consist of ten (10)

members as follows: Eight (8) public members appointed pursuant to the terms of subsection 16-

60-2(a), one student member who shall be ex-officio and nonvoting elected pursuant to the

provisions of subsection 16-60-2(d), and a member of the board of governors for higher education

designated by the governor council on elementary and secondary education shall consist of seven

(7) members appointed by the governor from the membership of the board of education

established pursuant to section 16-97-1 of the general laws. Five (5) voting members of the board

shall constitute a quorum and the vote of a majority vote of those present and voting shall be

required for action.

     The public members of the board of regents council on elementary and secondary

education shall not be compensated for service in attending meetings or duly organized

subcommittee meetings of the board of education or the council at which business is transacted.

     (d) The governor shall designate one of the public members as chairperson of the board

of regents council on elementary and secondary education. The board council may elect from

among its members such other officers as it deems necessary.

     (e) The council on elementary and secondary education is made successor to all powers,

rights, duties, and privileges formerly belonging to the board of regents for elementary and

secondary education, unless otherwise specified in law.

     16-60-2. Appointment of board members. -- (a) The governor shall with the advice and

consent of the senate establish the board by appointing eight (8) members to serve staggered

terms. The appointments shall be made for terms of three (3) years commencing on February 1 in

the year of appointment and ending on January 31 in the third (3rd) year after this, except, at the

expiration of their terms members shall remain and continue in their official capacity until a new

member is appointed and confirmed. Any vacancy among the public members of the board shall

be filled by appointment of the governor for the remainder of the unexpired term. In the selection

and appointment of members of the board the governor shall seek persons who best serve the

entire needs of the state. Public members shall not be appointed for more than three (3)

successive three (3) year terms each; provided, that this limitation shall not apply to that person

designated as chairperson by the governor who may be a member so long as he or she shall serve

as chairperson. establish the council on elementary and secondary education by appointing seven

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(7) members of the board of education established pursuant to chapter 16-97 to serve as members

of the council until the expiration of their term and appointment of their successor as a member of

the board of education. The governor shall appoint the chair of the council on an annual basis

from among the seven (7) council members.

     (b) No person shall be eligible for appointment to the board after the effective date of this

act [March 24, 2006] unless he or she is a resident of this state.

     (c) Members of the board council on elementary and secondary education shall be

removable by the governor pursuant to the provisions of § 36-1-7 of the general laws and for

cause only, and removal solely for partisan or personal reasons unrelated to capacity or fitness for

the office shall be unlawful.

     (d) There is hereby established a student advisory council to the board of regents council

on elementary and secondary education, consisting of one elected high school student

representative from each public secondary school in the state of Rhode Island.

     (1) Each public secondary school shall hold elections for its representative to the student

advisory council no earlier than the first (1st) day of March and no later than the end of the

second (2nd) full week of April. Each school shall elect only one representative. Elected members

shall be notified of their election on or before the Friday of the third (3rd) week of April of the

year of their election. No person shall be eligible to be elected to the student advisory council

unless at the time of his or her election he or she is enrolled as a student in a secondary school

between the grades of nine (9) and eleven (11) within the state of Rhode Island. No person shall

be allowed to vote if they are not currently enrolled in a Rhode Island public secondary school

between the grades of nine (9) and eleven (11). If at any time during his or her term of office a

member of the student advisory council ceases to be so enrolled, his or her membership shall be

terminated and his or her position shall be deemed vacant. This vacancy shall be filled by the

public secondary school within thirty (30) school days of the opening of the vacancy.

     (2) The student advisory council will serve from the first (1st) day of May of the year it is

elected until the last day of April of the following year. A student may serve no more than three

(3) terms.

     (3) Said student advisory council shall meet from time to time and shall consider such

matters as it deems appropriate.

     (4) Prior to the first (1st) day of June of each annual session the student advisory council

shall adopt a set of bylaws.

     (5) Members of the council shall not be compensated for service in attending meetings

except that they shall be reimbursed for necessary expenses incurred in travelling to and from

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meetings.

     (6) The members of said student advisory council shall, by majority vote prior to the first

(1st) day of June in each year, elect from their members a chairperson who shall serve for a term

of one year beginning on the first (1st) day of June. Said chairperson shall serve as an ex officio

and nonvoting member of the board of regents council for a term of one year, unless the student

advisory council removes said chairperson from his or her position in a manner described within

the bylaws of that council and/or if he or she is otherwise removed by the governor.

     16-60-4. Board of regents for elementary and secondary education – Powers and

duties Council on elementary and secondary education– Powers and duties. -- The board of

regents for elementary and secondary education Council on elementary and secondary education

shall have in addition to those enumerated in § 16-60-1, the following powers and duties:

     (1) To approve a systematic program of information gathering, processing, and analysis

addressed to every aspect of elementary and secondary education in this state especially as that

information relates to current and future educational needs so that current needs may be met with

reasonable promptness and plans formulated to meet future needs as they arise in the most

efficient and economical manner possible.

     (2) To approve a master plan defining implementing the broad goals and objectives for

elementary and secondary education in the state that have been established by the board of

education. These goals and objectives shall be expressed in terms of what men and women should

know and be able to do as a result of their educational experience. The regents council on

elementary and secondary education shall continually evaluate the efforts and results of education

in the light of these objectives.

     (3) To formulate broad policy to implement the goals and objectives established and

adopted by the board of regents; to adopt standards and require enforcement and to exercise

general supervision over all elementary and secondary public and nonpublic education in the state

as provided in subdivision (8) of this section. The board of regents council on elementary and

secondary education shall not engage in the operation or administration of any subordinate

committee, local school district, school, school service, or school program, except its own

department of elementary and secondary education, and except as specifically authorized by an

act of the general assembly. The adoption and submittal of the budget and the allocation of

appropriations, the acquisition, holding, disposition, and general management of property shall

not be construed to come within the purview of the preceding prohibition. The regents council on

elementary and secondary education shall communicate with and seek the advice of the

commissioner of elementary and secondary education and all those concerned with and affected

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by its determinations as a regular procedure in arriving at its conclusions and in setting its policy.

     (4) To allocate and coordinate the various educational functions among the educational

agencies of the state and local school districts and to promote cooperation among them so that

maximum efficiency and economy shall be achieved.

     (5) To prepare with the assistance of the commissioner of elementary and secondary

education and to present annually to the state budget officer, in accordance with § 35-3-4, a total

educational budget for the elementary and secondary sector which shall include, but not be

limited to, the budgets of the department of elementary and secondary education, subordinate

boards and agencies, and state aid to local school districts. Prior to submitting the budget as

required by the budget office instructions and this subsection, the council shall present the budget

to the board of education for review and consent.

     (ii) In the preparation of the budget, the regents council on elementary and secondary

education shall determine implement the priorities established by the board of education of

expenditures for elementary and secondary education purposes of state revenues and other public

resources made available for the support of public elementary and secondary education among

the various education agencies of the state. Nothing contained in this section shall authorize any

individual or group of individuals to reallocate resources in a manner other than that prescribed in

the budget as appropriations by the general assembly.

     (6) To maintain a department of elementary and secondary education, to provide for its

staffing and organization and to appoint a commissioner of elementary and secondary education

pursuant to § 16-60-6 who shall serve at its pleasure. The commissioner of elementary and

secondary education and the department of elementary and secondary education shall have any

duties and responsibilities as defined in §§ 16-60-6 and 16-60-7.

     (7) To establish other educational agencies or subcommittees necessary or desirable for

the conduct of any or all aspects of elementary and secondary education and to determine all

powers, functions, and composition of any agencies or subcommittees and to dissolve them when

their purpose shall have been fulfilled; provided that nothing contained in this subdivision shall

be construed to grant the regents the power to establish subcommittees or agencies performing the

duties and functions of local school committees except as provided in § 16-1-10.

     (8) To exercise the authority previously vested in the board of regents for education with

relation to secondary nonpublic educational institutions within the state under the terms of

chapter 40 of this title and other laws affecting nonpublic education in the state, and to cause the

department of elementary and secondary education to administer the provisions of that section.

     (9) To exercise all the functions, powers and duties which previously were vested in the

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board of regents for education, under the provisions of former § 16-49-4(9), including but not

limited to the following specific functions:

     (i) To approve the basic subjects and courses of study to be taught and instructional

standards required to be maintained in the public elementary and secondary schools of the state.

     (ii) To adopt standards and qualifications for the certification of teachers and to provide

for the issuance of certificates, and to establish fees for the certification of teachers. The fees

collected for the certification of teachers along with various education licensing and testing fees

shall be deposited by the board of regents council on elementary and secondary education as

general revenues. The funds appropriated by the general assembly shall be utilized by the

department of elementary and secondary education to establish and support programs which

enhance the quality and diversity of the teaching profession. The commissioner of elementary and

secondary education shall regularly make recommendations to the board about specific programs

and projects to be supported by those funds. The commissioner shall oversee the funds, assess the

effectiveness of its programs and projects, and make recommendations about the general use and

operation of the funds to the board.

     (iii) To be responsible for the distribution of state school funds.

     (iv) To determine the necessity of school construction and to approve standards for

design and construction of school buildings throughout the state.

     (v) To set standards for school libraries and school library services.

     (vi) To make recommendations relative to transportation of pupils to school, school bus

routes, time schedules, and other matters relating to pupil transportation.

     (vii) To enforce the provisions of all laws relating to elementary and secondary

education.

     (viii) To decide and determine appeals from decisions of the commissioner.

     (ix) To prescribe forms for the use of local school committees and local officers when

reporting to the department of elementary and secondary education.

     (x) To adopt and require standard accounting procedures for local school districts, except

as provided for in subdivision (3) of § 16-24-2.

     (xi) To adopt and require standard uniform operating and capital budgeting procedures

for local school districts.

     (10) To establish rules for the approval and accrediting of elementary and secondary

schools.

     (11) To recommend to the general assembly changes in the size and number of the school

districts within the state; and to make any further and other recommendations to the general

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assembly as the board of regents may determine to be necessary or desirable, including, but not

limited to, proposals for incentives for the coordination of services and facilities of certain school

districts and the feasibility of granting taxing authority to local school committees upon their

request, and the impact upon the quality of education within that particular community by

granting the request. In carrying out this duty, the board of regents council on elementary and

secondary education shall periodically issue reports in school district organizations for selected

regions and school districts.

     (12) To exercise all other powers with relation to the field of elementary and secondary

education within this state not specifically granted to any other department, board, or agency, and

not incompatible with law, which the board of regents for elementary and secondary education

council on elementary and secondary education may deem advisable.

     (13) To exercise the authority previously vested in the board of regents for education with

relation to adult education as defined in § 16-58-2 and to establish definitive goals for and operate

a comprehensive delivery system for adult education programs and services, including the

counseling and testing of persons interested in obtaining high school equivalency diplomas, the

issuance of diplomas, and the maintenance of a permanent record of applications, tests, and

equivalency diplomas.

     (14) To promote maximum efficiency and economy in the delivery of elementary and

secondary educational services in the state.

     (15) To approve a training program for school committee members to enhance their

individual skills and their effectiveness as a corporate body. The training program should include,

but not be limited to, the following roles and responsibilities of school committees: strategic

planning, human and community relations, and school finance and budgeting.

     (16) Within ninety (90) days after the end of each fiscal year, the board shall submit an

annual report to the governor, the speaker of the house of representatives, and the president of the

senate of its activities during that fiscal year. The report shall provide: an operating statement

summarizing meetings or hearings held, subjects addressed, decisions rendered, rules or

regulations promulgated, studies conducted, policies and plans developed, approved, or modified,

and programs administered or initiated; a consolidated financial statement of all funds received

and expended including the source of the funds, a listing of any staff supported by these funds,

and a summary of any clerical, administrative or technical support received; a summary of

performance during the previous fiscal year including accomplishments, shortcomings and

remedies; a synopsis of hearings, complaints, suspensions, or other legal matters related to the

authority of the board council; a briefing on anticipated activities in the upcoming fiscal year; and

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findings and recommendations for improvements. The director of the department of

administration shall be responsible for the enforcement of the provisions of this subsection.

     (17) To prepare with the assistance of the commissioner a multi-year plan of priority

educational goals and objectives. This plan should recommend policy objectives, implementation

strategies, and a timetable for major policy initiatives.

     (18) Each year the governor shall by writing notify the board of regents for elementary

and secondary education council on elementary and secondary education concerning broad

economic, cultural, and social needs that the education system needs to consider which the board

shall address in developing educational plans and programs.

     (19) Appoint a standing committee that will develop a schedule to systematically review

all board council policies over a three (3) year period.

     (20) To prepare with the assistance of the commissioner a statement of regulatory policy.

This policy should set forth the goals and objectives of state regulations which are expressed in

terms of what educational inputs and outputs the board expects regulations to address.

     (21) To prepare with the assistance of the commissioner of elementary and secondary

education and to present annually to the general assembly by January 1 a report on school

discipline in Rhode Island schools. This report shall include:

     (A) Expulsions by district, including duration and the reason for each action.

     (B) Suspensions by district, including duration and the reason for each action.

     (C) Placements to alternative programs for disciplinary reasons.

     (D) Assaults of teachers, students, and school staff by students.

     (E) Incidents involving possession of weapons on school property. For the purpose of this

section, a weapon shall be considered any of those weapons described in §§ 11-47-2 and 11-47-

42.

     (F) Incidents of the sale of controlled substances by students.

     (G) Incidents of the possession with the intent to sell controlled substances by students.

     (H) Additional demographic information including, but not limited to, the ethnic and

racial classifications, age, and gender, as prescribed by the commissioner, of each of the students

involved in the incidents, events or actions described in subparagraphs (A) through (G) of this

subdivision.

     (I) A description of the education program provided to each student suspended for over

ten (10) consecutive school days in a school year.

     (ii) All school superintendents shall supply the necessary information on forms

established by the commissioner of elementary and secondary education to the board of regents

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council on elementary and secondary education to assist in the preparation of the board of regents'

council's report on school discipline.

     (22) To prepare and promulgate a uniform statewide school reporting system which

would provide information including, but not limited to, the following:

     (i) Student and teacher attendance rates;

     (ii) Standardized test scores;

     (iii) Demographic profiles;

     (iv) Results of polls of students, parents, and teachers;

     (v) Descriptions of goals, initiatives, and achievements;

     (vi) Best teaching practices;

     (vii) Alternative student assessments;

     (viii) Special programs;

     (ix) Number of student suspensions and teacher grievances and the amount of parental

involvement.

     (23) The board shall conduct a training course for newly appointed and qualified

members within six (6) months of their qualification. The course shall be developed by the

chairperson of the board, approved by the board, and conducted by the chairperson of the board.

The board may approve the use of any board or staff members or other individuals to assist with

training. The training course shall include instruction in the following areas: the provisions of

chapters 42-46, 36-14, and 38-2; and the board's own rules. The director of the department of

administration shall, within ninety (90) days of the effective date of this act, prepare and

disseminate training materials relating to the provisions of chapters 42-46, 36-14, and 38-2.

     16-60-6. Commissioner of elementary and secondary education. -- The regents

council on elementary and secondary education, with the advice and consent of the board of

education, shall appoint a commissioner of elementary and secondary education who shall serve

at the pleasure of the regents council on elementary and secondary education, provided that the

commissioner's initial engagement by the regents council shall be for a period of not more than

three (3) years. For the purpose of appointing, retaining, or dismissing a commissioner, the

governor shall serve as an additional voting member of the board of regents council on

elementary and secondary education, and provided that in the case of a tie, the president of the

senate shall cast the deciding vote. The position of commissioner shall be in the unclassified

service of the state and he or she shall serve as the chief executive officer of the board of regents

council on elementary and secondary education and as the chief administrative officer of the

department of elementary and secondary education. The commissioner of elementary and

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secondary education shall have the duties that are defined in this section and in this title and any

other additional duties that may be determined by the regents the council on elementary and

secondary education, and shall perform any other duties that may be vested in the commissioner

by law. In addition to the general supervision of the department of elementary and secondary

education and the appointment of the several officers and employees of the department, it shall be

the duty of the commissioner of elementary and secondary education:

     (1) To develop and implement a systematic program of information gathering,

processing, and analysis addressed to every aspect of elementary and secondary education in the

state, especially as that information relates to current and future educational needs.

     (2) To prepare a master plan for elementary and secondary education in the state; to

coordinate the goals and objectives of the public elementary and secondary education sector with

the activities of the nonpublic elementary and secondary education sector where feasible.

     (3) To communicate with and seek the advice of those concerned with and affected by the

board of regents' education's and the council's determinations.

     (4) To implement broad policy as it pertains to the goals and objectives established by the

regents board of education; to enforce standards and to exercise general supervision over public

elementary and secondary education in the state and over all elementary and secondary nonpublic

education in the state as provided in subdivision (8) of this section; to assist in the preparation of

the budget for elementary and secondary education and to be responsible upon direction of the

regents council on elementary and secondary education for the allocation of appropriations, the

acquisition, holding, disposition, and general management of property.

     (5) To be responsible for the coordination of the various elementary and secondary

educational functions among the educational agencies of the state including local school districts

and to encourage and to assist in the cooperation among them so that maximum efficiency and

economy may be achieved.

     (6) To assist the regents council on elementary and secondary education in the

preparation and presentation annually to the state budget officer, in accordance with § 35-3-4, of

a total state elementary and secondary educational budget which shall include, but not be limited

to, the budget of the department of elementary and secondary education, subcommittees and

agencies, and state aid to local school districts.

     (7) To supervise the operation of the department of elementary and secondary education,

to have the duties as defined in § 16-1-5 and in this title or in law wherever outlined, and other

additional duties and responsibilities that may be assigned by the regents council on elementary

and secondary education.

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     (8) To perform the duties vested in the board of regents education and council on

elementary and secondary education with relation to nonpublic elementary and secondary

educational institutions within the state under the terms of chapter 40 of this title, and other laws

that affect nonpublic elementary and secondary education in the state.

     (9) To supervise the following specific functions:

     (i) To recommend the basic subjects and courses of study to be taught and instructional

standards to be maintained in the public elementary and secondary schools in the state.

     (ii) To recommend standards and qualifications of teachers and to issue certificates upon

approval of standards and qualifications by the regents council on elementary and secondary

education.

     (iii) To distribute state school funds in accordance with law and regulations of the board

of regents council on elementary and secondary education.

     (iv) To certify as to the necessity of school construction and that standards and design are

in accordance with law and regulations of the regents council on elementary and secondary

education and to approve a design for school construction throughout the state.

     (v) To certify that school library standards and services are in accordance with law and

regulations of the board of regents council on elementary and secondary education.

     (vi) To recommend to the board of regents council on elementary and secondary

education matters relating to the transportation of pupils to school.

     (vii) To require the observance of all laws relating to elementary and secondary schools

and education.

     (viii) To interpret school law and to decide any controversies that may be appealed to him

or her from decisions of local school committees.

     (ix) To prepare and recommend standard forms for the use of local schools when

reporting to the department of elementary and secondary education.

     (x) To prepare standard accounting and auditing procedures for local school districts,

except for the purposes of subdivision (3) of § 16-24-2 which shall be done in conjunction with

the auditor general.

     (xi) To prepare uniform budgeting procedures for local school districts.

     (xii) To determine when special purpose grants made to local school districts shall be

eligible for reimbursement through the school operations aid formula in accordance with chapter

7 of this title, and to designate the purpose(s) for which the local school district may use the

school operations aid reimbursement, including reimbursement on local matching funds used to

support the special purpose grant. The commissioner shall promulgate and adopt rules and

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regulations to carry out the intent of this subsection.

     (10) To approve and accredit elementary and secondary schools in accordance with the

policy and regulations of the board of regents council on elementary and secondary education.

     (11) To be responsible for the administration of policies, rules, and regulations of the

board of regents education and the council on elementary and secondary education with relation

to the entire field of elementary and secondary education within the state not specifically granted

to any other department, board, or agency and not incompatible with law.

     (12) To receive from law enforcement agencies a list periodically of the names of Rhode

Island missing children and to disseminate these lists to local school districts.

     SECTION 8. Sections 16-97-1 and 16-97-6 of the General Laws in Chapter 16-97

entitled "The Rhode Island Board of Education Act" are hereby amended to read as follows:

     16-97-1. Rhode Island board of education established. -- (a) Effective January 1, 2013,

there is created a board of education which shall be and is constituted a public corporation,

empowered to sue and be sued in its own name, to have a corporate seal, and to be vested with all

the powers and duties currently vested in the board of governors for higher education established

in chapter 16-59 and the board of regents for elementary and secondary education established in

chapter 16-60. be responsible for and shall exercise the purposes, powers and duties as defined in

this chapter and chapters 16-59 and 16-60 of the general laws. The Board is responsible for the

coordination of education from pre-k through higher education and shall set goals and policies for

the effective coordination of these public education systems.

     (b) Upon its organization, the board of education shall be vested with the legal title (in

trust for the state) to all property, real and personal, now owned by and/or under the control or in

the custody of the board of governors for higher education and the board of regents for

elementary and secondary education, for the use of the board of education. The board of

education is hereby-designated successor to all powers, rights, duties, and privileges pertaining to

the board of regents for elementary and secondary education and the board of governors for

higher education.

     (c)(b) The board of education shall consist of eleven (11) fifteen (15) public members

appointed by the governor with the advice and consent of the senate. Four (4) Six (6) of the

members initially appointed pursuant to this section shall serve terms of three (3) years; four (4)

six (6) members initially appointed pursuant to this section shall serve terms of two (2) years;

and, three (3) members initially appointed pursuant to this section shall serve terms of one year.

Thereafter, all members appointed pursuant to this section shall serve terms of three (3) years. No

board member shall be appointed to serve more than two (2) three (3) year terms. The public

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members of the board shall not be compensated for their service in attending meetings or duly

organized meetings of the council on elementary and secondary education, or the council for

postsecondary education, or any subcommittees of the board.

     (d)(c) The governor shall select from the appointed members a chairperson and vice

chairperson. A quorum shall consist of six (6) nine (9) members of the board. A majority vote of

those present shall be required for action.

     (e)(d) The statutory responsibilities of the department of elementary and secondary

education, the commissioner of elementary and secondary education, and the commissioner of

higher postsecondary education shall remain unchanged. No later than July 1, 2013, the board of

education shall submit to the governor and the general assembly its final plan for the permanent

administrative structure for higher education. As a requisite element of the administrative

structure for higher education, the board of education shall establish a plan for distributing the

assets, responsibilities, powers, authorities, and duties of the office of higher education to the

three (3) higher education institutions and appropriate state agencies. Said distribution shall be

done in a manner designed to maximize efficiency, provide greater articulation of the respective

responsibilities of elementary and secondary and higher education, and ensure that students are

prepared to succeed in school, college, careers, and life. The permanent governance structure for

higher education shall, at a minimum: (1) Provide clear guidance on statutory, legal, financial and

contractual obligations; (2) Establish a policy framework that furthers the goals of this chapter;

and (3) Establish appropriate administrative structures, support, policies and procedures.

Effective July 1, 2014, the office of higher education shall be abolished.

     (e) At the expiration of their terms, members shall remain and continue in their official

capacity until their successor is appointed and confirmed. Any vacancy among the public

members of the board shall be filled by appointment of the governor for the remainder of the

unexpired term. In the selection and appointment of members of the board, the governor shall

seek persons who best serve the needs of the entire state. Public members shall not be appointed

for more than three (3) successive three (3) year terms each; provided, however, that this

limitation shall not apply to that person designated as chairperson by the governor, who may

remain a member so long as he or she shall serve as chairperson.

     (f) No person shall be eligible for appointment to the board after the effective date of this

act, unless a resident of this state.

     (g) Members of the board shall be removable by the governor pursuant to the provisions

of § 36-1-7 of the general laws and for cause only. Removal solely for partisan or personal

reasons unrelated to capacity or fitness for the office shall be prohibited.

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     (h) The chair of the board of education shall consult with the chairs of the council on

elementary and secondary education, the council on postsecondary education, the commissioner

of elementary and secondary education, and the commissioner of postsecondary education in

developing agendas, goals, policies and strategic plans for the board.

     16-97-6. Reporting requirements. -- The board shall submit periodic reports an annual

report to the governor, speaker of the house, senate president, chairs of the house and senate

finance committees and their respective fiscal advisors, the chair of the house health, education

and welfare committee, and chair of the senate education committee no later than March 1, 2015

and every March 1 thereafter on its progress towards implementation of this chapter. The first

report shall be submitted no later than April 1, 2013 and quarterly thereafter until January 1,

2014. It shall submit a report annually thereafter through 2018.

     SECTION 9. Chapter 16-97 of the General Laws entitled "The Rhode Island Board of

Education Act" is hereby amended by adding thereto the following sections:

     16-97-1.1. Purposes of the board of education. -- The Rhode Island Board of Education

shall be responsible for long-range planning and for coordinating and evaluating policies and

programs for the public educational systems of the state. The general assembly finds and declares

that the board of education shall have the following purposes:

     (a) To develop and adopt educational, financial and operational goals for the education

systems of the state that represent achievable benchmarks for a ten (10) year and (20) twenty (20)

year time scale and that can be implemented by the council on elementary and secondary

education, the council on postsecondary education, and the commissioners for elementary and

secondary education and postsecondary education;

     (b) To ensure that the education systems of the state are aligned with the projected

opportunities in workforce development and economic development and that the education

systems are preparing students to participate in the future workforce of Rhode Island;

     (c) To coordinate programs and courses of study and promote collaboration between and

among pre-kindergarten through higher education institutions and agencies, including, but not

limited to:

     (1) improving career and college readiness;

     (2) reducing the need for remedial instruction;

     (3) implementing and coordinating common core and other system wide standards;

     (4) ensuring there is a quality system for adult education and certification programs in

secondary school and community college.

     (d) To present strategic budget and finance recommendations to the council on

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elementary and secondary education and council on postsecondary education that are aligned with

the long-range goals adopted by the board.

     16-97-1.2. Powers and duties of the board of education. -- The board of education

shall have the following powers and duties:

     (a) To develop and adopt a strategic plan defining broad goals and objectives for

education in the state. These goals and objectives shall be expressed in terms of the future

educational attainment of the population, quality of life and economy of Rhode Island, including,

but not limited to, what children, men and women should know and be able to do as a result of

their educational experience and the contributions of education to meeting the workforce and

economic development needs of Rhode Island. The board shall approve the strategic plans for

elementary and secondary education and postsecondary education in terms of the alignment of

these strategic plans with the overall strategic plan of the board of education. The board shall

continuously evaluate the efforts of the council on elementary and secondary education and the

council on postsecondary education to implement the strategic plans and shall review the results

of education in the light of these objectives;

     (b) To prepare and maintain a five (5) year strategic funding plan for all levels of

education in Rhode Island. The board shall determine priorities of expenditures for public

education purposes of state revenues and other public resources made available for the support of

public education and direct the council on elementary and secondary education and the council on

postsecondary education to implement those priorities when developing the annual budget for

elementary and secondary education and higher education. The councils shall present their annual

budgets to the board for its review and consent. Nothing contained in this subdivision shall

authorize the board to alter the allocation of grants or aid otherwise provided by law;

     (c) To develop and submit to the general assembly for approval a performance funding

formula for public higher education that furthers the purposes of the board and ensures that all

students may achieve educational excellence;

     (d) To develop policies that maximize the potential of collaboration from elementary and

secondary education through higher education systems and that improve efficiencies at all levels

of the education system through improved coordination of activities;

     (e) To embrace the legislative findings regarding virtual education established by section

16-22.1-2 of the general laws and adopt goals and policies that address these findings and to

encourage the council on elementary and secondary education and the council for postsecondary

education to develop and or improve virtual learning experiences for Rhode Island students;

     (f) To provide advice and consent to the council on elementary and secondary education

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regarding the appointment of a commissioner of elementary and secondary education.

     (g) To provide advice and consent to the council for postsecondary education regarding

the appointment of a commissioner of postsecondary education.

     (h) To conduct a training course for newly appointed and qualified board members within

six (6) months of their qualification. The course shall be developed by the chairperson of the

board, approved by the board, and conducted by the chairperson of the board. The board may

approve the use of any board or staff members or other individuals to assist with training. The

training course shall include instruction in the following areas: the provisions of chapters 42-46,

36-14, and 38-2; and the board's own rules. The director of the department of administration

shall, within ninety (90) days of the effective date of this act, prepare and disseminate training

materials relating to the provisions of chapters 42-46, 36-14, and 38-2.

     SECTION 10. Sections 16-97-2 and 16-97-3 of the General Laws in Chapter 16-97

entitled "The Rhode Island Board of Education Act" are hereby repealed.

     16-97-2. Executive agents of the state board of education. -- The state board of

education shall appoint a Commissioner of Elementary and Secondary Education who shall be the

board's executive agent in matters pertaining to elementary and secondary education and who

shall have the duties established in R.I.G.L. 16-60-6. The state board of education shall also

appoint a Commissioner of Higher Education who shall be the board's executive agent in matters

pertaining to higher education and who shall have the duties established in R.I.G.L. 16-59-6. The

Commissioners shall be employees of the board in the unclassified service and shall not be

members of the board and shall serve at the pleasure of the board.

     16-97-3. Executive committee of education. -- (a) There is established an executive

committee of education that shall be composed of the president of the University of Rhode Island,

the president of Rhode Island College, the president of Community College of Rhode Island, the

commissioner of higher education, and the commissioner of elementary and secondary education.

The commissioner of higher education shall serve as the chairperson of the committee.

     (b) The committee shall meet on a regular basis, provided, that they shall meet not less

than twelve (12) times per year, and the purpose of the committee shall include, but not be limited

to, developing coherent plans for the elimination of unnecessary duplication in public education

and addressing the future needs of public education within the state in the most efficient and

economical manner possible. All recommendations and information gathered at the meetings of

the committee shall be forwarded to the board of education for final action of the board of

education.

     (c) Prior to the presentation of any proposal to the board of governors, the committee

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shall fully examine its impact on public education, including, but not limited to, its impact on

educational budgetary requirements, quality of education and elimination of unnecessary

duplication. The chairperson of the committee may invite additional participation by faculty and

other employees when he or she deems it necessary.

     SECTION 11. This act shall take effect upon passage.

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EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N   A C T

RELATING TO EDUCATION -- BOARD OF EDUCATION ORGANIZATIONAL

STRUCTURE

***

     This act would establish a permanent governance structure for the Rhode Island board of

education.

     This act would take effect upon passage.

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