2019 -- S 0541

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LC000958

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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 -- STATE DEPARTMENT OF ELEMENTARY AND

SECONDARY EDUCATION

     

     Introduced By: Senators Pearson, Seveney, Gallo, Quezada, and Satchell

     Date Introduced: March 14, 2019

     Referred To: Senate Education

     It is enacted by the General Assembly as follows:

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     SECTION 1. Section 16-1-5 of the General Laws in Chapter 16-1 entitled "State

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

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

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     16-1-5. Duties of commissioner of elementary and secondary education.

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     It shall be the duty of the commissioner of elementary and secondary education:

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     (a)(1) To carry out the policies and program formulated by the board of regents for

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elementary and secondary education.

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     (2) To evaluate credentials of applicants for certificates, to verify that the certification of

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teachers is in accordance with law and established standards, and to issue certificates at the

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direction of the board.

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     (3) To certify the approval of accredited schools.

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     (4) To recommend to the board an outline of the subjects and courses of study and the

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instructional standards for elementary and secondary schools.

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     (5) To approve the distribution of state school funds in accordance with law and the

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regulations of the board.

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     (6) To verify that school sites and school building plans are in accordance with law and

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regulations.

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     (7) To exercise supervision over school libraries and library services.

 

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     (8) To certify that school bus routes and schedules and all contracts for pupil

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transportation conform with provisions of law and the rules and regulations of the board.

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     (9) To require the observance of all laws relating to schools and education.

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     (10) To interpret school law and to decide such controversies as may be appealed to the

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commissioner from decisions of local school committees.

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     (11) To prepare and recommend standard forms for the use of local schools.

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     (12) (i) To prepare, with the assistance of the department of administration, manuals of

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uniform budgetary and standard financial records and procedures for local school officers. The

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board of regents shall adopt uniform local school budgeting procedures no later than July 1, 1989,

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and those procedures should include, at a minimum, the following:

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     (A) Provision for uniform classification of revenues and expenditures;

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     (B) Requirements of detailed expenditure estimates and a table of organization including

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the proposed staffing of each school;

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     (C) Estimates of receipts and expenditures for the last two (2) completed fiscal years, the

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current and ensuing fiscal years; and

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     (ii) To carry out the purpose of this subsection a sum of ten thousand dollars ($10,000)

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not otherwise appropriated shall be included in the appropriation made to support the department

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of elementary and secondary education.

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     (13) To receive general supervision from the board of regents for elementary and

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secondary education and to appoint the several officers and employees of the department subject

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to the provisions of the State Merit System Act, chapters 3 and 4 of title 36.

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     (14) To establish health education, alcohol and substance abuse programs for students in

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grades kindergarten (K) through twelve (12), in accordance with § 35-4-18. The program will

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consist of the following: A mandated state health education, alcohol and substance abuse,

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curriculum for grades kindergarten (K) through twelve (12), a mandated assessment program in

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the areas of health, fitness, alcohol and substance abuse, and an in-service training program which

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will be developed specifically for the implementation of the mandated curriculum.

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     (15) (i) To appoint a three (3) member committee for the purpose of choosing a "teacher

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of the year" among teachers in public school grades kindergarten (K) through twelve (12). The

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"teacher of the year" shall receive an award of one thousand dollars ($1,000).

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     (ii) It is the intent of the general assembly that the funds necessary to carry out the

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provisions of this subdivision shall be provided within the annual appropriations act.

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     (b) The council on elementary and secondary education may grant a variance to any

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provision of title 16 other than those enumerated in § 16-1-5.1 and to any department of

 

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elementary and secondary education regulation and to any school district regulation that does not

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affect the health and safety or civil right of pupils in a public school.

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     SECTION 2. Chapter 16-1 of the General Laws entitled "State Department of Elementary

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

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is hereby amended by adding thereto the following section:

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     16-1-5.1. Portions of title 16 applicability to public schools.

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     The following provisions of this title shall be binding on public schools and may not be

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waived by the council on elementary and secondary education under § 16-1-5, except mayoral

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academies as defined in § 16-77-2.1(3) whose applicable titles are listed in § 16-77.4-7:

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     (1) Section 16-2-2 (minimum length of school year);

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     (2) Section 16-2-17 (right to a safe school);

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     (3) Section 16-2-17.1 (limiting the use of out-of-school suspensions);

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     (4) Section 16-8-10 (federal funds for school lunch);

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     (5) Section 16-11-1 (certification of public school teachers);

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     (6) Section 16-12-3 (duty to cultivate principles of morality);

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     (7) Section 16-12-10 (immunity for report of suspected substance abuse);

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     (8) Chapter 13 (teachers' tenure);

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     (9) Chapter 16 (teachers' retirement);

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     (10) Section 16-19-1 (compulsory attendance);

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     (11) Section 16-20-1 (school holidays enumerated);

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     (12) Sections 16-21-3 and 16-21-4 (fire safety);

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     (13) Sections 16-21-10, 16-21-14, and 16-21-16 (health screenings);

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     (14) Section 16-21-21.1 (penalties for drug, alcohol or weapons offense);

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     (15) Chapter 16-21.5 (student interrogations);

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     (16) Section 16-21.6-1 (regulating the use of Internet filtering in school);

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     (17) Section 16-22-9 (uniform testing);

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     (18) Section 16-24-2 (regulations of state board);

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     (19) Section 16-38-1 (discrimination because of race or age);

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     (20) Section 16-38-1.1 (discrimination because of sex);

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     (21) Section 16-38-2 (immunizations);

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     (22) Section 16-38-4 (exclusive club);

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     (23) Section 16-38-6 (commercial activities prohibited);

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     (24) Section 16-38-9 (misconduct of school officers):

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     (25) Section 16-38-10 (power of officials to visit schools);

 

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     (26) Section 16-39-1 (appeal of matters of dispute to commissioner);

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     (27) Section 16-39-2 (appeal of school committee actions to commissioner);

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     (28) Section 16-39-3 (appeal to state board);

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     (29) Section 16-39-3.1 (enforcement of final decision);

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     (30) Section 16-39-3.2 (interim protective orders);

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     (31) Section 16-39-8 (subpoena power of commissioner);

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     (32) Section 16-40-16 (student records);

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     (33) Chapter 16-71 (Educational Record Bill of Rights Act);

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     (34) Chapter 16-103 (protecting student social media privacy);

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     (35) Section 16-104-1 (protecting student data-cloud information from being used for

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commercial purposes); and

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     (36) Chapter 16-109 (protecting freedom of the press for student journalists).

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     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 -- STATE DEPARTMENT OF ELEMENTARY AND

SECONDARY EDUCATION

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     This act would authorize the council on elementary and secondary education to waive

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certain provisions of the laws on elementary and secondary education for public schools but

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would prohibit the waiver of other listed provisions.

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     This act would take effect upon passage.

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