2015 -- S 0811 SUBSTITUTE A

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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 16-59-6 of the General Laws in Chapter 16-59 entitled "Board of

Governors for Higher Education [See Title 16 Chapter 97 - The Rhode Island Board of Education

Act]" is hereby amended to read as follows:

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

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

postsecondary education, with the advice and consent of the senate, and the approval of the board

of education, and the council on 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.

      (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

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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.

     SECTION 2. Sections 16-60-4 and 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]" are hereby amended to read as follows:

     16-60-4. Council on elementary and secondary education -- Powers and duties. --

The 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 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 council on elementary and

secondary education shall continually evaluate the efforts and results of education in the light of

these objectives.

      (3) 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 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 council on elementary and secondary education

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

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 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) (i) 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 approval.

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

shall 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, and 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 council 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

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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

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 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.

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      (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 assembly as the council on elementary and secondary education 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 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 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

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

authority of the council; 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.

      (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 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 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) (i) 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.

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

established by the commissioner of elementary and secondary education to the council on

elementary and secondary education to assist in the preparation of the 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) [Deleted by P.L. 2014, ch. 145, art. 20, § 7].

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

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 with the advice

and consent of the senate, and the approval of the board of education, and the council on

elementary and secondary education, who 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. 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

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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.

      (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:

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      (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.

      (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

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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 3. 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;

      (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

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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 the appointment of a commissioner of elementary and secondary

education, by the governor, subject to the advice and consent of the senate as provided for in §

16-60-6.

      (g) To approve the appointment of a commissioner of postsecondary education, by the

governor, subject to the advice and consent of the senate as provided for in § 16-59-6.

      (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 4. This act shall take effect upon passage and shall apply to any appointments

made on or after the effective date.

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EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N   A C T

RELATING TO EDUCATION

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     This act would provide that the governor would appoint the commissioner of

postsecondary education and the commissioner of elementary and secondary education. Both

appointments would be made with the advice and consent of the senate and the approval of the

board of education and the respective councils.

     This act would take effect upon passage and would apply to any appointments made on

or after the effective date.

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