2015 -- H 5578 SUBSTITUTE A

========

LC001329/SUB A

========

     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2015

____________

A N   A C T

RELATING TO EDUCATION - DISTANCE LEARNING

     Introduced By: Representatives McNamara, Solomon, Morin, Coughlin, and Ackerman

     Date Introduced: February 25, 2015

     Referred To: House Health, Education & Welfare

     It is enacted by the General Assembly as follows:

     SECTION 1. Sections 16-40-1, 16-40-2 and 16-40-10 of the General Laws in Chapter 16-

40 entitled "Private Schools [See Title 16 Chapter 97 - The Rhode Island Board of Education

Act]" are hereby amended to read as follows:

     16-40-1. Approval of secondary and higher schools by board -- Certification to

secretary of state. -- (a) No academy, college, university, or other institution of secondary or

higher education shall be incorporated or established in this state or be permitted to transact

business, unless exempt pursuant to § 16-40-10, within this state unless and until: (1) suitable

provision, approved by the board of regents council on for elementary and secondary education or

the board of governors for higher council on postsecondary education, shall be made that the

academy, college, university, or institution is in compliance with the provisions of this chapter

and with the regulations and standards for approval adopted by the appropriate one of those

boards council or full board to implement this chapter; and (2) for institutions offering an

associates degree or higher, the institution has initiated discussions, that is evidenced by a

writing, with the New England Association of Schools and Colleges (NEASC) regarding

potential accreditation.

      (b) The secretary of state, upon the receipt by him or her under the provisions of the

general laws of articles of association purporting to establish an educational institution, shall

transmit the articles of association to the appropriate board council and shall not issue the

certificate of incorporation provided by the general laws unless and until the commissioner of

elementary and secondary education or the commissioner of higher education the office of post-

secondary education shall file with the secretary of state a certificate over his or her signature that

the appropriate board council has approved the application for incorporation as complying with

the requirements of this section.

     16-40-2. Authority to grant degrees not presumed. -- Authority to grant academic,

collegiate, professional, or other degrees recognizing learning, scholarship, or achievement shall

not be included in or presumed to be part of the functions of a corporation or of an institution of

education, unless its charter or the articles of association shall specifically indicate that the

institution is nonprofit and specifically indicate the power to grant degrees and the nature of the

degrees to be granted; and no corporation or association shall grant academic, collegiate,

professional, or similar degrees without specific authorization; and for institutions offering an

associates degree or higher, has received full New England Association of Schools and Colleges

(NEASC) accreditation within five (5) years of its incorporation or establishment within this state

or five (5) years of being permitted to transact business within this state unless exempt pursuant

to § 16-40-10.

     16-40-10. Schools exempt. – (a) Nothing contained in §§ 16-40-1 through 16-40-9 16-

40-18, except the provisions of § 16-40-3, shall apply to any school or schools conducted under

the public school system of this state nor to any academy, college, university, or institution of

education which shall have been established and conducted within this state for a period of ten

(10) years prior to April 13, 1932, nor to any academy, college, university, or institution of

education established by a special act of the general assembly of this state prior to January 1,

1987, nor to Roger Williams University in Bristol, Rhode Island.

     (b) Nothing contained in §§ 16-40-1 through 16-40-18 shall apply to any postsecondary

school or schools solely offering distance learning pursuant to an interstate reciprocity agreement

for distance learning, if:

     (1) The institution is situated in a state that is also participating in such agreement;

     (2) The institution has been approved to participate in such agreement by its home state

and other entities with oversight of such agreement;

     (3) The institution has elected to participate in and operate in compliance with the terms

of said agreement; and

     (4) The institution is, and remains a member in good standing under the reciprocity

agreement.

     SECTION 2. Sections 16-59-4, 16-59-6 and 16-59-11 of the General Laws in Chapter 16-

59 entitled "Board of Governors for Higher Education [See Title 16 Chapter 97 - The Rhode

LC001329/SUB A - Page 2 of 9

Island Board of Education Act]" are hereby amended to read as follows:

     16-59-4. Powers and duties of the council on postsecondary education. -- (a) The

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 strategic plan implementing broad goals and objectives for

higher education in the state as established by the board of education, including a comprehensive

capital development program.

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

adopted by the board of 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) and (9) of this section. The board of

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

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 education and the council.

      (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

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

setting its policy.

      (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 postsecondary education and to present annually to the state

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

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

state colleges. In the preparation of the budget, the council shall implement priorities established

by the board of education of expenditures for public higher education purposes of state revenues

LC001329/SUB A - Page 3 of 9

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

approval. Nothing contained in this subdivision shall authorize the council to alter the allocation

of grants or aid otherwise provided by law.

      (6) To maintain an office of postsecondary commissioner; to provide for its staffing and

organization; and to manage and oversee a commissioner of postsecondary education pursuant to

duties and responsibilities defined in § 16-59-6 and § 16-59-7. The commissioner of

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

responsibilities as defined in §§ 16-59-6 and 16-59-7.

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

the assistance of the commissioner of 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.

      (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.

      (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.

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

independent.

      (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 role and scope of programs at public institutions of higher learning

with the assistance of the commissioner of 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 postsecondary

commissioner and all public colleges and universities.

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

LC001329/SUB A - Page 4 of 9

learning with the assistance of the commissioner of postsecondary education that is consistent

with the role and scope of programs at the public institutions.

      (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.

      (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 their 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.

      (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.

      (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.

      (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.

     (17) To approve application and renewal fees for all postsecondary institutions situated in

Rhode Island, public or private, which choose to participate in an interstate postsecondary

distance education reciprocity agreement.

     (18) To the extent necessary for participation and to the extent required and stated in an

interstate distance learning reciprocity agreement, the council shall promulgate procedures to

address complaints received from out-of-state students in connection with or related to any Rhode

Island postsecondary institution, public or private, that has been approved to participate in an

interstate distance learning reciprocity agreement.

     16-59-6. Commissioner of postsecondary education. -- The council on postsecondary

LC001329/SUB A - Page 5 of 9

education, with approval of the board, shall appoint a commissioner of postsecondary education,

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

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

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

an additional voting member of the council. 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

council on postsecondary education and as the chief administrative officer of the office of

postsecondary commissioner. The commissioner of 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 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 postsecondary

commissioner and the appointment of the several officers and employees of the office, it shall be

the duty of the commissioner of 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 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 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 promote better coordination

between higher public education in the state, independent higher education in the state as

provided in subdivision (10) of this section and pre k-12 education; to assist in the preparation of

the budget for public higher education and to be responsible upon direction of the council for the

allocation of appropriations, the acquisition, holding, disposition 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 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.

LC001329/SUB A - Page 6 of 9

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

presidents, a clear and definitive mission for each public institution of higher learning.

      (8) To annually recommend to the 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, 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 §§ 16-32-2.1, 16-33-2.1 and 16-33.1-2.1 of the general laws.

      (9) To supervise the operations of the office of postsecondary commissioner and any

other additional duties and responsibilities that may be assigned by the council.

      (10) To perform the duties vested in the 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.

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

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

public colleges and universities.

      (13) To carry out the policies and directives of the board of education and the council on

postsecondary education through the office of postsecondary commissioner and through

utilization of the resources of the public institutions of higher learning.

     (14) To enter into interstate reciprocity agreements regarding the provision of

postsecondary distance education, to administer such agreements, and to approve or disapprove

applications to voluntarily participate in such agreements from postsecondary institutions that

have their principal place of business in Rhode Island, and to establish annual fees with the

approval of the council on postsecondary education for aforesaid applications to participate in an

interstate postsecondary distance education reciprocity agreement.

     (15) To the extent necessary for participation and to the extent required and stated in any

distance learning reciprocity agreement, to implement procedures to address complaints received

from out-of-state students in connection with or related to any Rhode Island postsecondary

institution, public or private, that has been approved to participate in said reciprocity agreement.

     16-59-11. Investigative powers of board. -- The board of governors council on

postsecondary education shall have power to investigate all transactions and matters relating to

LC001329/SUB A - Page 7 of 9

higher public education in the state, including those required pursuant to an interstate distance

learning reciprocity agreement, and to summon witnesses, administer oaths, and to require

testimony and the production of records in like manner and to the same extent as a court of law.

     SECTION 3. This act shall take effect upon passage.

========

LC001329/SUB A

========

LC001329/SUB A - Page 8 of 9

EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N   A C T

RELATING TO EDUCATION - DISTANCE LEARNING

***

     This act would establish regulations and standards for distance learning educational

programs, to be approved by the councils on elementary and secondary education and

postsecondary education.

     This act would take effect upon passage.

========

LC001329/SUB A

========

LC001329/SUB A - Page 9 of 9