2019 -- H 5425

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LC000575

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2019

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A N   A C T

RELATING TO EDUCATION -- COUNCIL ON ELEMENTARY AND SECONDARY

EDUCATION

     

     Introduced By: Representatives Fogarty, Amore, Cortvriend, Donovan, and McEntee

     Date Introduced: February 14, 2019

     Referred To: House Health, Education & Welfare

     It is enacted by the General Assembly as follows:

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     SECTION 1. Section 16-60-4 of the General Laws in Chapter 16-60 entitled "Council on

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Elementary and Secondary Education [See Title 16 Chapter 97 - The Rhode Island Board of

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

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

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     (a) The council on elementary and secondary education shall have in addition to those

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enumerated in § 16-60-1, the following powers and duties:

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

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

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

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

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efficient and economical manner possible;

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

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

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goals and objectives shall be expressed in terms of what men and women should know and be

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able to do as a result of their educational experience. The council on elementary and secondary

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

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objectives;

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     (3) To adopt standards and require enforcement and to exercise general supervision over

 

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all elementary and secondary public and nonpublic education in the state as provided in

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subsection (a)(8) of this section. The council on elementary and secondary education shall not

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engage in the operation or administration of any subordinate committee, local school district,

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school, school service, or school program, except its own department of elementary and

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secondary education, and except as specifically authorized by an act of the general assembly. The

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adoption and submittal of the budget and the allocation of appropriations, the acquisition,

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holding, disposition, and general management of property shall not be construed to come within

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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

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

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in arriving at its conclusions and in setting its policy;

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

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

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maximum efficiency and economy shall be achieved;

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

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

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

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

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

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

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education for review and approval; and

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

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shall implement the priorities established by the board of education of expenditures for

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elementary and secondary education purposes of state revenues and other public resources made

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available for the support of public elementary and secondary education among the various

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

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group of individuals to reallocate resources in a manner other than that prescribed in the budget as

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appropriations by the general assembly.

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

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

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

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

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

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

 

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

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

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

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

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

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

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

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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;

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     (9) To exercise all the functions, powers and duties that 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

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limited to the following specific functions:

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

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

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

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

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

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shall be deposited by the council on elementary and secondary education as general revenues.

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The funds appropriated by the general assembly shall be utilized by the department of elementary

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and secondary education to establish and support programs that enhance the quality and diversity

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of the teaching profession. The commissioner of elementary and secondary education shall

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regularly make recommendations to the board about specific programs and projects to be

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supported by those funds. The commissioner shall oversee the funds, assess the effectiveness of

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

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funds to the board;

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

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

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design and construction of school buildings throughout the state;

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

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

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

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

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education;

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

 

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

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reporting to the department of elementary and secondary education;

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

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

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

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for local school districts.;

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     xii To adopt standards for the intrastate transportation of students across municipal

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boundaries and maximizing the efficiencies of time and cost of each sending district; and

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     xiii To utilize already existing and available state or quasi-state programs necessary to

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achieve its goals.

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

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schools;

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

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

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assembly as the council on elementary and secondary education may determine to be necessary

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or desirable, including, but not limited to, proposals for incentives for the coordination of services

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and facilities of certain school districts and the feasibility of granting taxing authority to local

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school committees upon their request, and the impact upon the quality of education within that

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particular community by granting the request. In carrying out this duty, the council on elementary

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

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selected regions and school districts;

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

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

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not incompatible with law, which the council on elementary and secondary education may deem

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advisable;

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

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

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and operate a comprehensive delivery system for adult education programs and services,

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

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

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tests, and equivalency diplomas;

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

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secondary educational services in the state;

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

 

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

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

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

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

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

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

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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,

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

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

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

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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

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authority of the 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

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

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

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

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strategies, and a timetable for major policy initiatives;

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     (18) Each year the governor shall by writing notify the council on elementary and

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secondary education concerning broad economic, cultural, and social needs that the education

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system needs to consider which the council shall address in developing educational plans and

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programs;

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

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all council policies over a three-year (3) period;

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

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

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expressed in terms of what educational inputs and outputs the board expects regulations to

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address;

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

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

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discipline in Rhode Island schools. This report shall include:

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

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

 

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     (C) Placements to alternative programs for disciplinary reasons;

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

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

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

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42;

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

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

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

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

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

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subdivision; and

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

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

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

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

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elementary and secondary education to assist in the preparation of the council's report on school

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discipline.

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

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

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     (i) Student and teacher attendance rates;

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     (ii) Standardized test scores;

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     (iii) Demographic profiles;

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

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

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     (vi) Best teaching practices;

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     (vii) Alternative student assessments;

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     (viii) Special programs; and

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

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involvement.

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     (23) [Deleted by P.L. 2014, ch. 145, art. 20, § 7].

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     (b) The council shall identify the benefit to students regarding the action that is taken in

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executing its duties.

 

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     SECTION 2. 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 -- COUNCIL ON ELEMENTARY AND SECONDARY

EDUCATION

***

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     This act would require the council on elementary and secondary education to adopt

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standards which take into consideration the time and cost of transporting students across

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municipal boundaries and to promote maximum efficiency in other programs that impact the

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education of students.

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     This act would take effect upon passage.

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