2019 -- H 5435

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LC001245

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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 - BOARD OF EDUCATION QUALIFICATIONS

     Introduced By: Representatives Amore, Messier, O'Brien, and Caldwell

     Date Introduced: February 14, 2019

     Referred To: House Health, Education & Welfare

     It is enacted by the General Assembly as follows:

     SECTION 1. Section 16-59-2 of the General Laws in Chapter 16-59 entitled "Council on

Postsecondary Education [See Title 16 Chapter 97 - The Rhode Island Board of Education Act]"

is hereby amended to read as follows:

     16-59-2. Appointment of members of the council on postsecondary education.

     (a) The governor shall establish the council for postsecondary education by appointing

eight (8) members of the board of education established pursuant to chapter 16-97 to serve as

members of the council, until the expiration of their term as a member of the board of education

and their successor is appointed. In addition the governor shall appoint one (1) student member

who shall be a full time student in good standing at the University of Rhode Island, Rhode Island

College or the Community College of Rhode Island and who shall serve in a non-voting, ex-

officio capacity for a single two (2) year term and shall rotate among the three (3) public

institutions. The governor shall appoint the chair of the council on an annual basis from among

the eight (8) voting council members. The chair of the council shall be elected by the council on

an annual basis from among the eight (8) voting council members. The chair of the board of

education shall serve on the council in voting, ex-officio capacity. Five (5) voting members of the

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

required for action.

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

section unless they have prior experience as a public higher education faculty, public higher

education employee, public higher education administrator, or served on the higher education

assistance authority.

     SECTION 2. Section 16-60-2 of the General Laws in Chapter 16-60 entitled "Council on

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

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

     16-60-2. Appointment of board members.

     (a) The governor shall establish the council on elementary and secondary education by

appointing eight (8) members of the board of education established pursuant to chapter 16-97 to

serve as members of the council until the expiration of their term and appointment of their

successor as a member of the board of education. The chair of the board of education shall serve

on the council in a voting, ex-officio capacity. Five (5) voting members of the council shall

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

action. The governor shall appoint the chair of the council on an annual basis from among the

eight (8) council members. The chair of the council shall be elected by the council on an annual

basis from among the eight (8) voting council members.

     (b)(1) No person shall be eligible for appointment to the board after the effective date of

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

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

section unless they have prior experience as a public higher education faculty, public higher

education employee, public higher education administrator, or served on the higher education

assistance authority.

     (c) There is hereby established a student advisory council to the council on elementary

and secondary education, consisting of one elected high school student representative from each

public secondary school in the state of Rhode Island.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

(3) terms.

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

matters as it deems appropriate.

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

shall adopt a set of bylaws.

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

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

meetings.

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

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

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

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

removes said chairperson from his or her position in a manner described within the bylaws of that

council.

     SECTION 3. Section 16-97-1 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. Rhode Island board of education established.

     (a) Effective January 1, 2013, there is created a board of education that shall be

responsible for and shall exercise the purposes, powers, and duties of, this chapter and chapters

59 and 60 of this title. The board is responsible for the coordination of education from pre-k

through higher education and shall set goals and policies for the effective coordination of these

public education systems.

     (b)(1) The board of education shall consist of seventeen (17) public members appointed

by the governor with the advice and consent of the senate, eight (8) of whom shall be designated

to serve on the council for elementary and secondary education and eight (8) of whom shall be

designated to serve on the council for postsecondary education. The chairperson of the board

shall serve as a member of both councils. Six (6) of the members initially appointed pursuant to

this section shall serve terms of three (3) years; six (6) members initially appointed pursuant to

this section shall serve terms of two (2) years; and, four (4) members initially appointed pursuant

to this section shall serve terms of one year. To the greatest extent possible, the initial staggered

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terms shall be equitably divided among the councils so as to protect against sudden changes in

membership and reversal of policy. Thereafter, all members appointed pursuant to this section

shall serve terms of three (3) years. At the expiration of their terms, members shall remain and

continue in their official capacity until their successor is appointed and qualified. Members shall

not be appointed to more than three (3), successive three-year (3) terms each; provided that the

chair of the board shall have no term and shall serve at the pleasure of the governor. Any vacancy

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

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

persons who best serve the needs of the entire state. No person shall be eligible for appointment

to the board after the effective date of this act unless a resident of this state. Members of the board

shall not be compensated for their service in attending board or council meetings.

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

section unless they have prior experience as a public higher education faculty, public higher

education employee, public higher education administrator, or served on the higher education

assistance authority.

     (c) The chair of the Governor's Workforce Board, or designee, and the chair of the Rhode

Island Commerce Corporation, or designee, shall serve as non-voting, ex-officio members of the

board.

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

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

present shall be required for action.

     (e) Except as provided by subsection (b) of this section, members of the board shall be

removable by the governor for cause only. Removal solely for partisan or personal reasons

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

     (f) The statutory responsibilities of the department of elementary and secondary

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

postsecondary education shall remain unchanged.

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

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

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

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

     SECTION 4. This act shall take effect upon passage.

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EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N   A C T

RELATING TO EDUCATION - BOARD OF EDUCATION QUALIFICATIONS

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     This act would provide that the chair of the council for post secondary education and the

chair of the council on elementary and secondary education be elected by the council members. In

addition, each member of the board of education would be required to have prior experience in a

higher education position.

     This act would take effect upon passage.

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