2015 -- S 0811

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LC000845

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2015

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A N   A C T

RELATING TO EDUCATION

     Introduced By: Senator Gayle L. Goldin

     Date Introduced: April 09, 2015

     Referred To: Senate Education

     It is enacted by the General Assembly as follows:

     SECTION 1. Section 16-60-6 of the General Laws in Chapter 16-60 entitled "Board of

Regents for Elementary and Secondary Education [See Title 16 Chapter 97 - The Rhode Island

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

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

elementary and secondary education, with the advice and consent of the board of education, shall

make a preliminary appointment of appoint a commissioner of elementary and secondary

education. Upon such approval and preliminary appointment by the council on elementary and

secondary education, the successful candidate's name shall be submitted to the senate for advice

and consent. The commissioner shall not be deemed to be fully appointed until successful

approval through advice and consent by the senate. Upon such approval by the senate, the

commissioner who shall be deemed to be fully appointed and shall serve at the pleasure of the

council on elementary and secondary education, provided that the commissioner's initial

engagement by the council shall be for a period of not more than three (3) years from the date he

or she is fully appointed. For the purpose of appointing, retaining, or dismissing a commissioner,

the governor shall serve as an additional voting member of the council on elementary and

secondary education. 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 elementary and

secondary education and as the chief administrative officer of the department of elementary and

secondary education. The commissioner of elementary and 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 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 education's and the council's determinations.

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

the 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

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 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 council on elementary and

secondary education.

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      (8) To perform the duties vested in the board of 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 council on elementary and secondary education.

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

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 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 council on elementary and secondary education.

      (vi) To recommend to the council on elementary and secondary education 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

regulations to carry out the intent of this subsection.

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

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

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

board of 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 2. Section 16-97-1.2 of the General Laws in Chapter 16-97 entitled "The

Rhode Island Board of Education Act" is hereby amended to read as follows:

     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 approval. 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;

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      (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 § 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 approve, with the advice and consent of the senate provided for in § 16-60-6, the

appointment of a commissioner of elementary and secondary education.

      (g) To approve 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.

     SECTION 3. 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

***

     This act would require the advice and consent of the senate, in addition to approvals by

the board of education and the council on elementary and secondary education, for the

appointment of the commissioner of elementary and secondary education.

     This act would take effect upon passage.

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