2019 -- S 0816 SUBSTITUTE A | |
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LC002405/SUB A | |
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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 STATE AFFAIRS AND GOVERNMENT -- ADULT EDUCATION | |
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Introduced By: Senators Metts, Seveney, Gallo, Sheehan, and Quezada | |
Date Introduced: April 30, 2019 | |
Referred To: Senate Education | |
It is enacted by the General Assembly as follows: | |
1 | SECTION 1. Section 16-5-22 of the General Laws in Chapter 16-5 entitled "State Aid |
2 | [See Title 16 Chapter 97 - The Rhode Island Board of Education Act]" is hereby repealed. |
3 | 16-5-22. Appropriations to aid evening schools. |
4 | The general assembly shall annually appropriate any sum as it may deem necessary for |
5 | the support and maintenance of public evening schools in the several cities or towns of the state, |
6 | to be apportioned by the board of regents for elementary and secondary education for the support |
7 | of the schools as may be approved by the board; and the state controller is authorized and directed |
8 | to draw his or her orders for the payment of the sum, or so much of the sum as shall be required, |
9 | on vouchers approved by the department of elementary and secondary education. |
10 | SECTION 2. Chapter 16-63 of the General Laws entitled "Adult Education [See Title 16 |
11 | Chapter 97 - The Rhode Island Board of Education Act]" is hereby repealed in its entirety. |
12 | CHAPTER 16-63 |
13 | Adult Education [See Title 16 Chapter 97 - The Rhode Island Board of Education Act] |
14 | 16-63-1. Short title. |
15 | This chapter shall be known and may be cited as the "Adult Education Act". |
16 | 16-63-2. Legislative findings and policy. |
17 | (a) The general assembly, in accordance with the constitution of the state, R.I. Const., |
18 | Art. XII, § 1, which obligates the state "to secure to the people the advantages and opportunities |
19 | of education," and also pursuant to R.I. Const., Art. XII, § 4, which requires it to "make all |
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1 | necessary provisions by law for carrying this article into effect," finds: |
2 | (1) That all citizens, regardless of age, have the right to education; |
3 | (2) That education is a lifelong pursuit; |
4 | (3) That basic education and general personal development are necessary to enjoy a |
5 | wholesome life; and |
6 | (4) That vocational training is useful in acquiring a marketable skill and achieving |
7 | economic self-sufficiency. |
8 | (b) The general assembly declares: |
9 | (1) That the public laws shall address the education needs of adults and young people; |
10 | (2) That an integrated and coordinated adult education delivery system shall be provided |
11 | and maintained on a statewide basis; and |
12 | (3) That public funds shall be appropriated to support that delivery system and fulfill the |
13 | constitutional mandate. |
14 | (c) All adult education programs and services provided by any department or agency of |
15 | the state of Rhode Island or local government, or funded in whole or in part by state funds, shall |
16 | be offered in the least restrictive environment, be designed to enhance the quality of life for adult |
17 | learners, and be consistent with and inclusive of the following values that reflect the preferences |
18 | and needs of adult learners; |
19 | (1) Adult learners shall be treated with dignity and respect; |
20 | (2) Adult learners shall be included in policy development affecting adult education; |
21 | (3) Adult learners shall be offered services that are cost-effective and meet the learners' |
22 | needs; |
23 | (4) Adult learners shall have access to testing, evaluation and requisite accommodation |
24 | for learning and/or other disabilities; |
25 | (5) Adult learners shall be fully informed about the educational choices available to them; |
26 | (6) Adult learners shall participate in decisions about their educational process, including |
27 | information exchange and goal setting; |
28 | (7) Adult learners shall be provided with educational programming commensurate with |
29 | their abilities, including but not limited to basic skills, vocational education, and/or secondary |
30 | education or its recognized equivalent; |
31 | (8) Adult learners shall receive consistent, sustained quality in their education. |
32 | 16-63-3. Definitions. |
33 | For the purposes of this chapter the following terms have the following meanings: |
34 | (1) "Adult education" means all the concerns and activities within the definition in § 16- |
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1 | 58-2; |
2 | (2) "Board" means the board of regents for elementary and secondary education created |
3 | pursuant to § 16-60-1; |
4 | (3) "Bureau" means the bureau of adult and vocational education within the department; |
5 | (4) "Commission" means the Rhode Island adult education commission established |
6 | pursuant to § 16-58-1; |
7 | (5) "Commissioner" means the commissioner of the department of elementary and |
8 | secondary education; |
9 | (6) "Coordinator" means the state coordinator of adult education; |
10 | (7) "Department" means the department of elementary and secondary education; |
11 | (8) "Office" means the office of adult education within the bureau. |
12 | 16-63-4. Rights of adults. |
13 | The applicable provisions of the laws of the state or local governments, and of any |
14 | regulations or policies arising from these, shall be construed to include adults and young persons |
15 | as the recipients and beneficiaries of education; adults shall not be subject to compulsory |
16 | attendance pursuant to chapter 19 of this title. Provided, nothing in this chapter shall be construed |
17 | as a mandate to any city or town to provide any compulsory educational program nor shall |
18 | requirements contained in this chapter supplant requirements for the education of individuals with |
19 | disabilities between the ages of eighteen (18) and twenty-one (21) years pursuant to §§ 16-24-1 |
20 | and 16-24-2. |
21 | 16-63-5. Categories of adult education programs and service. |
22 | Programs and services constituting adult education, as defined in § 16-58-2, shall be |
23 | categorized and defined as follows: |
24 | (1) Category 1. Basic education, which shall consist of efforts to alleviate illiteracy and |
25 | provide opportunities for academic achievement up to grade twelve (12) and which shall include |
26 | instruction in reading, writing, arithmetic, literature, social studies, science, pre-vocational |
27 | subjects, and other knowledge and skills necessary to cope in contemporary life; courses in |
28 | Americanization and citizenship for immigrants; teaching English to persons with no or limited |
29 | ability with the language; and preparation for the demonstration of competencies to qualify for |
30 | the adult high school diploma or for examinations to earn the general educational development or |
31 | high school equivalency diploma. |
32 | (2) Category 2. Vocational training, which shall consist of the imparting of knowledge |
33 | and skills necessary to become gainfully employed, at least at entry level, in a recognized |
34 | occupation, and thus attain economic self-sufficiency, and which shall be conveyed by classroom |
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1 | instruction, on the job training, apprenticeships, and other appropriate methods. |
2 | (3) Category 3. Higher education, consisting of opportunities for adults to enter or re- |
3 | enter universities and colleges, whether matriculating or nonmatriculating, at undergraduate and |
4 | graduate levels, and whether part-time or full-time. |
5 | (4) Category 4. Continuing education in professional and technological occupations, |
6 | which shall consist of efforts to insure that minimum competencies are maintained by persons |
7 | who are employed in occupations which bear on the public health, safety, or general welfare, and |
8 | for which there are licensing, certification, or other credentialing provisions in the general laws, |
9 | and in which those persons shall participate, individually or in groups, by periodic reviews of |
10 | fundamental and up to date knowledge and skills, in-service experience, performance assessment, |
11 | or other systematic and ongoing methods, and which may involve earning continuing education |
12 | units. |
13 | (5) Category 5. General personal development, which shall consist of any formal or |
14 | informal activity in the pursuit and development of avocational, social, cultural, artistic, |
15 | enrichment, recreational, or other interests. |
16 | (6) Category 6. Public service education, consisting of efforts, through mass media and |
17 | by other methods, to inform, educate, and motivate residents of the state on vital and timely |
18 | subjects, such as health, safety, civic affairs, and social concerns and behavior. |
19 | (7) Category 7. Supportive services, which shall consist of various accommodations |
20 | intended to facilitate the pursuit of adult education in any of these specified categories, and which |
21 | shall include information, counseling, and other guidance services, financial aid, care of children |
22 | and other dependent persons, transportation, and other services. |
23 | 16-63-6. Office of adult education -- Coordinator. |
24 | The board of regents, at its discretion, may assign the advocacy, coordinating, and |
25 | communicative functions of adult education, as defined in § 16-58-2 and in this chapter, to an |
26 | office of adult education within the bureau. The office may be headed by a coordinator of adult |
27 | education. |
28 | 16-63-7. Functions of office. |
29 | The functions of the office may include, but may not necessarily be limited to, the |
30 | following: |
31 | (1) The development of recommendations to the commissioner and the implementation of |
32 | any approved recommendations, including: |
33 | (i) The utilization of federal and state funds for any purpose prescribed or allowed by the |
34 | laws and/or regulations authorizing and/or appropriating those funds; |
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1 | (ii) The sub-granting of those federal and state funds to selected deliverers of programs |
2 | and services, including those contemplated in subdivisions (2) and (3); |
3 | (iii) The operation and networking of statewide adult level guidance services; |
4 | (iv) The operation of a high school equivalency or general educational development, |
5 | testing, and certification program; |
6 | (v) Administration of the provisions for the approval and regulation of private career, |
7 | trade, and technical schools, pursuant to chapter 40 of this title, and of any other nonpublic |
8 | entities, whether non-business or proprietary, which provide or purport to provide adult education |
9 | programs and services to residents of the state; |
10 | (vi) Professional development of administrators, teachers, counselors, paraprofessionals, |
11 | and other personnel employed or engaged in delivering adult education programs and services |
12 | within the state; and |
13 | (vii) Continuous research and planning in adult education, including assistance to the |
14 | commission in conducting the comprehensive study of adult education prescribed in § 16-58-6 |
15 | [repealed], needs assessments in conjunction with local planning and assessment processes, and |
16 | the development and utilization of relevant data. |
17 | (2) Coordination with programs and services administered and/or operated by other |
18 | agencies and institutions, including: |
19 | (i) All programs in categories 1, 2, 3, and 5 as defined by this chapter; |
20 | (ii) Outreach, recruitment, and intake for program components throughout the delivery |
21 | system defined in this chapter; |
22 | (iii) Dissemination of information on financial aid for adult learners, including loans, |
23 | grants, scholarships, and other forms of financial aid, in cooperation with the Rhode Island |
24 | division of higher education assistance, pursuant to chapters 56 and 57 of this title; |
25 | (iv) Psychological testing in relation to education and training, basic skills diagnostic and |
26 | evaluation services, and multi-phasic vocational testing; |
27 | (v) Competency based adult high school diploma assessment and certification, as |
28 | conducted by local education agencies in accordance with this chapter; and |
29 | (vi) The college level examination program and other mechanisms for establishing and |
30 | recording postsecondary achievement and competencies in terms of academic credit. |
31 | (3) General advocacy and communicative relationships with other agencies, institutions, |
32 | and organizations engaged in or interested in adult education or related activities in the state, |
33 | including: |
34 | (i) Programs and services for adult learners in public and private colleges, schools, and |
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1 | other settings, at elementary, secondary, and postsecondary levels; |
2 | (ii) Adult education programs and services, in any of the categories defined in this |
3 | chapter, conducted in libraries and other community based settings; |
4 | (iii) Pre-service, in-service, and upgrading education and training programs, generally in |
5 | category 2 as defined by this chapter, conducted in employment settings; |
6 | (iv) Activities, generally in category 2 as defined by this chapter, conducted in the state |
7 | pursuant to the Job Training Partnership Act, 29 U.S.C. § 1501 et seq., and any amendments to it, |
8 | extensions of it, or successor legislation; |
9 | (v) All activities in categories 4 and 6, as defined by this chapter; |
10 | (vi) Programs and services, generally in categories 1, 2, 3, 5, and 7, as defined by this |
11 | chapter, conducted in custodial, correctional, and curative institutions in the state; |
12 | (vii) Programs and services for adults with special needs, such as people with disabilities, |
13 | immigrants and refugees, women and displaced homemakers, senior citizens, persons of |
14 | multilingual or multicultural backgrounds, and persons being discharged from the care of |
15 | institutions referenced in subdivision (3)(vi); |
16 | (viii) Programs of family and homelife education and parent effectiveness training; |
17 | (ix) Educational and public service programming on radio and television, including that |
18 | transmitted electronically and through cable systems; and |
19 | (x) Automobile and motorcycle driver safety education; and |
20 | (4) Staff support services for the commission. |
21 | 16-63-8. State plan for adult education. |
22 | The department shall develop a state plan for adult education, which shall be a document |
23 | containing: (1) current needs assessment data, (2) statements of the policies, procedures, |
24 | regulations, and program activities contemplated for carrying out the intent of this chapter, and |
25 | (3) prevailing or anticipated budgetary and fiscal conditions applicable to it. The state plan also |
26 | shall contain all the elements prescribed by the federal Adult Education Act, 20 U.S.C. § 1201 et |
27 | seq., the federal Vocational Education Act, 20 U.S.C. § 2301 et seq., and other applicable federal |
28 | laws, and any amendments to it, extensions of it, or successor legislation. The state plan shall be |
29 | renewed every three (3) years, and may be amended or updated annually. The plan and any |
30 | renewals, amendments, or updates of it shall be subject to approval by the commission, |
31 | commissioner, and the board. |
32 | 16-63-9. Delivery system. |
33 | (a) Adult education throughout the state shall be delivered through the appropriate |
34 | utilization of a combination of agencies, institutions, organizations, and other mechanisms and |
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1 | settings, including but not necessarily limited to the following: |
2 | (1) The schools and other facilities maintained by local education authorities, pursuant to |
3 | chapter 2 of this title, or area combinations of it, in accordance with chapter 3 of this title and this |
4 | chapter; |
5 | (2) The area vocational-technical schools, maintained and conducted in accordance with |
6 | chapter 45 of this title; |
7 | (3) The state operated institutions of higher education, including the University of Rhode |
8 | Island, Rhode Island College, and the community college system, maintained in accordance with |
9 | chapters 31 through 33.1 and chapter 44 of this title; |
10 | (4) Private and proprietary academies, colleges, universities, and other institutions of |
11 | secondary and higher education operated in accordance with chapter 40 of this title; |
12 | (5) Correspondence schools, home study, and related courses available to residents of the |
13 | state in accordance with chapter 50 of this title; |
14 | (6) The custodial, correctional, and curative institutions referenced in this chapter; |
15 | (7) The state's interrelated library system; |
16 | (8) Community based private, nonprofit, and proprietary agencies and facilities |
17 | maintained and operated fully or partially for the purpose of providing adult education programs |
18 | and services; |
19 | (9) Employment settings in business and industry; and |
20 | (10) The broadcast and cable system media referenced in this chapter. |
21 | (b) The listing in subsection (a) of an agency, institution, organization, or other entity |
22 | shall not, in itself, constitute it as being under the administrative control of the board, department, |
23 | or office. |
24 | 16-63-10. Community education. |
25 | (a) Adult education programs and services, to the extent feasible, shall be designed and |
26 | implemented in accordance with a local control model, commonly known as "community |
27 | education," as set forth in the former federal Community Schools and Comprehensive |
28 | Community Education Act, title VIII of the Elementary and Secondary Education Act, formerly |
29 | codified at 20 U.S.C. § 3281 et seq., and any amendments to it, extensions of it, or successor |
30 | legislation. |
31 | (b) There shall be citizen participation in determining needs and interests and in planning, |
32 | organizing, overseeing, and evaluating adult education programs and services. This participation |
33 | shall be effected through advisory councils which shall be established to serve particular cities |
34 | and towns, or combinations of these, or service districts pursuant to the provisions of this chapter. |
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1 | (c) Local education authorities shall be involved directly and substantially, but not |
2 | necessarily solely or primarily, in the administration and operation of local or area adult |
3 | education programs and services. Adult education activities shall be conducted in coordination |
4 | with other human services at the state, area, and community levels. There shall be maximum |
5 | utilization of all appropriate public buildings, facilities, and resources. |
6 | 16-63-11. Cooperative agreements. |
7 | The office shall encourage cooperative agreements among agencies, within and outside |
8 | the department, and among appropriate institutions, organizations, and other entities, in the public |
9 | and private sectors, in order to foster and bring about a coordinated adult education delivery |
10 | system throughout the state, as prescribed in this chapter. |
11 | 16-63-12. Study of adult basic education entitlement. |
12 | The commission, as part of the comprehensive study prescribed in § 16-58-6(3), shall |
13 | study the legal, financial, societal, personal, and other implications of the possible future |
14 | enactment of an adult basic education entitlement. |
15 | 16-63-13. Adult education financing. |
16 | The cost of providing adult education programs and services shall be met by federal, |
17 | state, and local government resources, and by tuition and fees to be paid by participants according |
18 | to the categories of programs and services, as further set forth in this chapter. |
19 | 16-63-14. Appropriations of state funds. |
20 | (a) The general assembly shall make certain annual appropriations of state funds, for the |
21 | purposes of adult education, as part of the total appropriations to the department, as prescribed in |
22 | § 16-5-22. |
23 | (b) The state controller is authorized to draw his or her orders upon the general treasurer |
24 | for the payment of the state's obligations arising from this chapter, or so much of the sum as may |
25 | be required upon receipt by him or her of vouchers properly authenticated by the commission. |
26 | 16-63-15. Local support. |
27 | (a) The school committee of each district established pursuant to § 16-7-16(5), in order to |
28 | insure that adults receive their adequate share of education programs and services, shall be |
29 | encouraged to allocate local funds within its annual budgets to support appropriate activities |
30 | within categories 1, 2, 5, and 7, as defined in this chapter. |
31 | (b) These allocations for adult education shall not necessarily constitute funds which |
32 | would not be appropriated by or for the district, and shall be fully included in the calculation and |
33 | payment of foundation level school support, also known as state aid to education, in accordance |
34 | with chapter 7 of this title, but shall not be subject to the provisions of §§ 45-13-7 through 45-13- |
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1 | 10. |
2 | 16-63-16. Severability. |
3 | If any provision of this chapter, or of any regulation issued under it, or the application of |
4 | it to any person or circumstance, is held invalid by a court of competent jurisdiction, the |
5 | remainder of this chapter or of any regulation or application to other persons or circumstances |
6 | shall not be affected thereby. The invalidity of any section or sections or parts of any section or |
7 | sections of this chapter shall not affect the validity of the remainder of the chapter. |
8 | 16-63-17. Liberal construction of chapter required. |
9 | This chapter shall be construed liberally in aid of its declared purpose. |
10 | 16-63-18. High school equivalency testing. |
11 | (a) In selecting which tests shall be utilized and recognized by the state in the granting of |
12 | high school equivalency diplomas, the board shall consider all available high school equivalency |
13 | tests that meet and adhere to Rhode Island academic standards and shall give priority to those |
14 | tests that are provided at the lowest cost for test takers. In selecting said tests, the board shall |
15 | consider: |
16 | (1) The recognition of the test, or lack thereof, by other states; |
17 | (2) The portability of the test; and |
18 | (3) Such other criteria that meet the needs of the test takers. |
19 | (b) The board shall adopt, and provide funding for, a rule or regulation granting a waiver |
20 | of fees associated with the high school equivalency test for individuals with limited income and |
21 | who can prove a financial hardship; provided, however, that to be eligible for a fee waiver, an |
22 | individual must have received at least a minimum passing score on the high school equivalency |
23 | practice test, or pertinent section of the test. The waiver may be based on a sliding scale based on |
24 | the individual's income. |
25 | SECTION 3. Section 16-97-1.1 of the General Laws in Chapter 16-97 entitled "The |
26 | Rhode Island Board of Education Act" is hereby amended to read as follows: |
27 | 16-97-1.1. Purposes of the board of education. |
28 | The Rhode Island Board of Education shall be responsible for long-range planning and |
29 | for coordinating and evaluating policies and programs for the public educational systems of the |
30 | state. The general assembly finds and declares that the board of education shall have the |
31 | following purposes: |
32 | (a) To develop and adopt educational, financial, and operational goals for the education |
33 | systems of the state that represent achievable benchmarks for a ten-year (10) and twenty-year (20) |
34 | year time frame and that can be implemented by the council on elementary and secondary |
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1 | education, the council on postsecondary education, and the commissioners for elementary and |
2 | secondary education and postsecondary education; |
3 | (b) To ensure that the education systems of the state are aligned with the projected |
4 | opportunities in workforce development and economic development and that the education |
5 | systems are preparing students to participate in the future workforce of Rhode Island; |
6 | (c) To coordinate programs and courses of study and promote collaboration between and |
7 | among pre-kindergarten through higher education institutions and agencies, including, but not |
8 | limited to: |
9 | (1) Improving career and college readiness; |
10 | (2) Reducing the need for remedial instruction; |
11 | (3) Implementing and coordinating common core and other system wide standards; and |
12 | (4) Ensuring Collaborating with appropriate state agencies to ensure a quality system for |
13 | adult education and certification programs in secondary school and college. |
14 | (d) To present strategic budget and finance recommendations to the council on |
15 | elementary and secondary education and council on postsecondary education that are aligned with |
16 | the long-range goals adopted by the board. |
17 | SECTION 4. Section 42-102-6 of the General Laws in Chapter 42-102 entitled |
18 | "Governor's Workforce Board Rhode Island" is hereby amended to read as follows: |
19 | 42-102-6. Powers and duties. |
20 | (a) Strategic statewide employment-and-training plan. |
21 | (1) The board shall meet with other entities involved with career and technical education, |
22 | workforce development, and career training and shall be responsible for the development of a |
23 | comprehensive and cohesive, statewide employment-and-training plan. The strategic, statewide |
24 | employment-and-training plan shall include goals and objectives for serving the state's existing |
25 | and emerging workforce utilizing all state and federal workforce-development programs. The |
26 | board shall take into consideration the needs of all segments of the state's citizenry in establishing |
27 | goals and training objectives, including the workforce needs of the state's employers. |
28 | (2) The strategic, statewide employment-and-training plan shall be developed biennially |
29 | and shall cover the subsequent two (2) fiscal years. Said biennial plans shall be submitted on |
30 | November 15. The biennial plan shall outline goals and objectives of the coordinated programs |
31 | system, major priorities needed for the next two-year (2) period, and policies and requirements |
32 | necessary to meet those priorities. The board shall provide a funding plan necessary to achieve |
33 | system priorities and serve the anticipated number of participants and shall identify the general |
34 | revenue funds necessary to meet program needs, taking into account anticipated federal, private, |
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1 | and other sources of funds. The biennial plan shall incorporate the annual, unified-workforce- |
2 | development-system report required pursuant to subsection (f) in those years in which both |
3 | reports are due. |
4 | (3) The board shall develop and maintain a comprehensive inventory and analysis of |
5 | workforce-development activities in the state to support the biennial, statewide employment-and- |
6 | training plan. The analysis shall include, but not be limited to, an examination of the populations |
7 | being served across the different employment and training and adult education programs across |
8 | the state; the number of participants being served by these programs; the type of services |
9 | provided; and the eligibility requirements of each of these programs. The analysis shall also |
10 | identify the funding sources (all sources) used in these programs; the service providers within the |
11 | state; as well as the range of services provided. The analysis shall also examine the employer role |
12 | in workforce-development activities, including, but not limited to, how employer needs are |
13 | assessed; benefits employers receive for partnering with workforce-development organizations; |
14 | and the role employers play in developing programs and providing training. |
15 | (4) The board shall establish and convene an advisory group to assist in the development |
16 | of this comprehensive inventory and analysis that consists of stakeholders and organizations with |
17 | specific knowledge and expertise in the area of workforce development. |
18 | (5) All departments and agencies of the state shall furnish advice and information, |
19 | documentary or otherwise, to the board and its agents as is deemed necessary or desirable by the |
20 | board to facilitate the purposes of the board, including the development of the statewide, |
21 | employment-and-training plan. |
22 | (6) Elements of the statewide employment and training plan established pursuant to |
23 | subsection (a) of this section may inform the development of the state workforce investment plan |
24 | required pursuant to § 42-102-6(d)(2)(i). |
25 | (b) Performance management and coordination of employment-and-training programs. |
26 | (1) The board shall establish statewide policies, definitions, objectives, goals, and |
27 | guidelines for the coordination of all employment-and-training programs and related services and |
28 | programs within the state, including: |
29 | (i) The state department of labor and training programs, sponsored under the Workforce |
30 | Investment Act of 1998 Workforce Innovation and Opportunity Act, Wagner-Peyser Act, 29 |
31 | U.S.C. § 49 et seq., the Trade Act of 2002, and any other employment-related educational |
32 | program administered by the state department of labor and training; |
33 | (ii) The state department of human services training programs, sponsored under the |
34 | Temporary Assistance to Needy Families, Title IV of the Social Security Act; the Supplemental |
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1 | Nutrition Assistance Program (SNAP) Employment and Training Program; Vocational |
2 | Rehabilitation Act of 1973,; and any other employment-and-training and related services and |
3 | employment-related educational programs administered by the state's department of human |
4 | services; |
5 | (iii) Employment and training programs sponsored under the Carl D. Perkins Vocational |
6 | Education Act, 20 U.S.C. § 2301 et seq., the Federal Adult Education Act, Title II of the |
7 | Workforce Investment Act of 1998 Workforce Innovation and Opportunity Act and any other |
8 | employment-related educational programs administered by the board of education; |
9 | (iv) The state department of corrections training programs for ex-offenders formerly |
10 | incarcerated individuals to help them reintegrate into the community and re-enter employment; |
11 | (v) Projects and services funded through the job-development fund pursuant to § 42-102- |
12 | 6(e)(1); |
13 | (vi) All other employment-and-training and related services and employment-related |
14 | educational programs, either presently existing or hereinafter established, that are administered by |
15 | any state agencies, departments, or councils; and |
16 | (vii) Programs included within subsections (b)(1)(i) through (b)(1)(vi) shall be referred to |
17 | herein collectively as "the coordinated programs system". ." |
18 | (2) With respect to plans for employment-and-training programs sponsored under the |
19 | federal Carl D. Perkins Vocational Education Act, 20 U.S.C. § 2301 et seq., and any other |
20 | employment-related educational programs administered by the board of education, the workforce |
21 | board and board of education shall establish a process for the development and preparation of all |
22 | these plans and the board of education shall approve the plan subject to review and comment by |
23 | the workforce board; provided, however, that the responsibilities and duties of the board of |
24 | education, as set forth in the general laws, shall not be abridged. |
25 | (3) With respect to plans for the Temporary Assistance to Needy Families Program, |
26 | SNAP Employment and Training Program, Vocational Rehabilitation Services, and any other |
27 | employment-and-training and related programs administered by the state's department of human |
28 | services, the authority and responsibilities of the department as the single state agency under |
29 | Titles IV-A, 42 U.S.C. §§ 601 through 617, and IV-F, 42 U.S.C. §§ 681 through 687 [repealed], |
30 | of the Federal Social Security Act shall not be abridged. |
31 | (4) With respect to plans for training ex-offenders formerly incarcerated individuals to |
32 | help them reintegrate into the community and re-enter employment, and any other employment- |
33 | and-training programs administered by the state's department of corrections, the responsibilities |
34 | and duties of the department, as set forth in the general laws, shall not be abridged. |
| LC002405/SUB A - Page 12 of 22 |
1 | (5) The board shall review, comment on, or approve as appropriate all plans for |
2 | employment and training within the coordinated-programs system. The board shall establish |
3 | policies and performance goals for the coordinated-programs system. These policies and goals |
4 | shall include, but not be limited to: |
5 | (i) Establishing and communicating uniform policies and consistent terms and |
6 | definitions; |
7 | (ii) Gathering and distributing information from, and to, all agencies, departments, and |
8 | councils within the coordinated-programs system; |
9 | (iii) Standardizing and coordinating program planning, evaluation, budgeting, and |
10 | funding processes; |
11 | (iv) Recommending structural and procedural changes; |
12 | (v) Establishing performance goals and measurements for monitoring the effectiveness of |
13 | the programs provided through the coordinated-programs system; and |
14 | (vi) Reconciling diverse agency, departmental, or council goals and developing priorities |
15 | among those goals. |
16 | (c) Comprehensive system-improvement plan. |
17 | (1) The 2015 unified workforce-development-system report required pursuant to § 42- |
18 | 102-6(f) and due on November 15, 2015, shall include an additional, comprehensive system- |
19 | improvement plan to facilitate the seamless and coordinated delivery of workforce services in this |
20 | state, consistent with the goals and objectives of the board's statewide employment-and-training |
21 | plan. In developing the comprehensive, system-improvement plan, the board shall review the |
22 | roles, responsibilities, and functions of all state employment-and-training programs. The study |
23 | shall identify any gaps in the services provided by those programs; any barriers to integration and |
24 | cooperation of these programs; and any other matters that adversely affect the seamless delivery |
25 | of workforce-development systems in the state. |
26 | (2) The board shall include in the comprehensive, system-improvement plan: |
27 | (i) A list of specific barriers, whether structural, regulatory, or statutory, that adversely |
28 | affect the seamless and coordinated delivery of workforce-development programs and services in |
29 | this state, as well as recommendations to overcome or eliminate these barriers; and |
30 | (ii) Recommendations for providing, at a minimum, board comment and review of all |
31 | state employment-and-training programs, to ensure such programs are consistent with the board's |
32 | statewide employment-and-training plan, and meet the current and projected workforce demands |
33 | of this state, including programs that, pursuant to state or federal law or regulation, must remain |
34 | autonomous. |
| LC002405/SUB A - Page 13 of 22 |
1 | (3) The recommendations developed by the board under subsection (c)(1) must identify |
2 | the state agency or department that is responsible for implementing each recommendation and |
3 | include a time frame for the implementation of each recommendation. The governor may include |
4 | such recommendations in his or her proposed budget the following fiscal year. |
5 | (d) Workforce investment act Workforce Innovation and Opportunity Act (WIOA) |
6 | responsibilities. |
7 | (1) The board shall assume the duties and responsibilities of the state workforce- |
8 | investment board established pursuant to Executive Order 05-18 dated September 22, 2005, as |
9 | outlined in subsection (c)(2). |
10 | (2) The board shall assist the governor and the general assembly in: |
11 | (i) Developing a state workforce-investment plan for the purposes of the Workforce |
12 | Investment Act of 1998 (WIA) Workforce Innovation and Opportunity Act (WIOA) and the |
13 | Wagner-Peyser Act; |
14 | (ii) Actively promoting and coordinating private-sector involvement in the workforce- |
15 | investment system through the development of partnerships among state agencies, the business |
16 | community, and the board; |
17 | (iii) Ensuring that the current and projected workforce needs of Rhode Island employers |
18 | inform and advise Rhode Island's education and workforce-development system; |
19 | (iv) Providing oversight of local workforce-investment boards, whose primary role in the |
20 | workforce-investment system is to deliver employment, training, and related education services in |
21 | their respective local area; and |
22 | (v) Developing a statewide system of activities that are funded under the WIA WIOA or |
23 | carried out through the one-stop delivery system, including: |
24 | (A) Assuring coordination and non duplication non-duplication among the programs and |
25 | activities carried out by one-stop partners; |
26 | (B) Reviewing local workforce-investment plans; |
27 | (C) Designating local workforce-investment areas in accordance with federal law; |
28 | (D) Developing allocation formulas for the distribution of funds for adult employment- |
29 | and-training activities, youth activities to local areas, and creating and expanding job and career |
30 | opportunities for individuals with intellectual, developmental, or other significant disabilities; |
31 | (E) Developing comprehensive, state-performance measures as prescribed by federal law, |
32 | including state-adjusted levels of performance, to assess the effectiveness of the workforce- |
33 | investment activities in the state; |
34 | (F) Preparing the annual report to the Secretary of Labor described in WIA WIOA; |
| LC002405/SUB A - Page 14 of 22 |
1 | (G) Developing the statewide employment-statistics system; |
2 | (H) Developing an application for incentive grants; |
3 | (I) Carrying out the responsibilities of a local board as outlined in WIA WIOA; and |
4 | (J) Addressing any other issue requiring input from the board under the provisions of |
5 | WIA WIOA. |
6 | (e) Job-development fund responsibilities. |
7 | (1) The board shall allocate monies from the job-development fund for projects to |
8 | implement the recommendations of the board consistent with the statewide employment-and- |
9 | training plan established pursuant to § 42-102-6(a). |
10 | (f) Unified workforce-development system report. |
11 | (1) The board shall produce and submit an annual, unified, workforce-development- |
12 | system report to the governor, the speaker of the house, the president of the senate, and the |
13 | secretary of state. The report shall be submitted annually on November 15. The report shall cover |
14 | activity having taken place the preceding fiscal year ending June 30 and shall include: |
15 | (i) A fiscal and programmatic report for the governor's workforce board covering the |
16 | previous fiscal year, including: |
17 | (A) A summary of the board's activities and accomplishments during the previous fiscal |
18 | year; |
19 | (B) A summary of clerical, administrative, professional, or technical reports received by |
20 | the board during the previous fiscal year, if applicable; |
21 | (C) A briefing on anticipated activities in the upcoming fiscal year; |
22 | (D) A consolidated financial statement of all funds received, and expended, by the board, |
23 | including the source of funds, during the previous fiscal year; |
24 | (E) A listing of any staff supported by these funds; |
25 | (ii) A unified, expenditure-and-program report for statewide employment-and-training |
26 | programs and related services, including: |
27 | (A) Expenditures by agencies for programs included in § 42-102-6(b)(1), including |
28 | information regarding the number of individuals served by each program; demographic |
29 | information by gender, race, and ethnicity; outcome and program-specific performance |
30 | information as determined by the board; and such other information as may be determined by the |
31 | board, including, but not limited to, the attainment of credentials; |
32 | (2) Beginning November 15, 2015, program expenditures included in the unified, |
33 | workforce-development-system report shall be categorized as administrative, program delivery, |
34 | or other costs; the report shall further include information on the cost per individual served within |
| LC002405/SUB A - Page 15 of 22 |
1 | each program, through a manner determined by the board; |
2 | (3) All state and local agencies, departments, or council, or similar organizations within |
3 | the coordinated-programs system, shall be required to provide the board with the information |
4 | necessary to produce the unified, workforce-development-system report. |
5 | (g) Adult education program responsibilities. The board shall be responsible for |
6 | administering and supervising policy and funding for all adult education programs in the state as |
7 | set forth in chapter 102.2 of title 42 provided, however, that the responsibilities and duties of the |
8 | department of labor and training, and the board of education as set forth in the general laws, shall |
9 | not be abridged. |
10 | SECTION 5. Title 42 of the General Laws entitled "STATE AFFAIRS AND |
11 | GOVERNMENT" is hereby amended by adding thereto the following chapters: |
12 | CHAPTER 102.1 |
13 | ADULT EDUCATION AND EMPLOYMENT ADVISORY COMMITTEE |
14 | 42-102.1-1. Establishment. |
15 | There is established within the governor's workforce board Rhode Island (the "board") an |
16 | adult education and employment advisory committee. The advisory committee shall be comprised |
17 | of the following individuals or their designee: the director of the department of labor and training; |
18 | the commissioner of elementary and secondary education; the director of the department of |
19 | human services; the director of the department of corrections; the commissioner of postsecondary |
20 | education; the director of adult education professional development at the Community College of |
21 | Rhode Island; and such other members as the board may decide. |
22 | 42-102.1-2. Responsibilities. |
23 | The adult education and employment advisory committee shall: |
24 | (1) Meet at least quarterly to address all relevant cross-departmental issues and solutions |
25 | relating to adult education needs and services; |
26 | (2) Provide guidance in the preparation of the adult education state plan in accordance |
27 | with § 42-102.2-6 and propose recommendations necessary to increase the efficient and strategic |
28 | administration of adult education in the state. In developing such guidance, the committee shall |
29 | seek input from adult education providers and students. |
30 | (3) Cooperate and collaborate with cross-department entities to facilitate the needs and |
31 | services of adults; |
32 | (4) Evaluate and propose any necessary recommendations regarding reporting and data |
33 | collection and analysis requirements; and |
34 | (5) Be responsible for adult education policy development and proposing best practices |
| LC002405/SUB A - Page 16 of 22 |
1 | and funding recommendations. |
2 | 42-102.1-3. Cooperation. |
3 | The office of adult education and literacy in the governor's workforce board shall present |
4 | guidance to and seek guidance from the adult education and employment advisory committee for |
5 | the integrated state plan pursuant to § 42-102.2-6 and shall provide any necessary support to the |
6 | advisory committee. |
7 | CHAPTER 102.2 |
8 | GOVERNOR'S WORKFORCE BOARD RHODE ISLAND -- RHODE ISLAND ADULT |
9 | EDUCATION ACT |
10 | 42-102.2-1. Short title. |
11 | This chapter shall be known and may be cited as the "Rhode Island Adult Education |
12 | Act." |
13 | 42-102.2-2. Legislative intent and purpose. |
14 | (a) The general assembly, in accordance with the constitution of the state, R.I. Const., |
15 | Art. XII, § 1, which obligates the state "to secure to the people the advantages and opportunities |
16 | of education," and also pursuant to R.I. Const., Art. XII, § 4, which requires the state to "make all |
17 | necessary provisions by law for carrying this article into effect," finds: |
18 | (1) That all citizens, regardless of age, have the right to education; |
19 | (2) That education is a lifelong pursuit; |
20 | (3) That basic education and general personal development are necessary to enjoy a |
21 | wholesome life; and |
22 | (4) That vocational training is useful in acquiring a marketable skill and achieving |
23 | economic self-sufficiency. |
24 | (b) The general assembly declares that: |
25 | (1) The general laws shall address the education needs of adults and young people; |
26 | (2) An adult education delivery system shall integrate and coordinate adult education |
27 | with workforce, education, and social services to be provided and maintained on a statewide |
28 | basis; and |
29 | (3) Public funds shall be appropriated to support that delivery system and fulfill the |
30 | constitutional mandate. |
31 | (c) All adult education programs and services provided by any department or agency of |
32 | the state of Rhode Island or local government, or funded in whole or in part by state funds, shall |
33 | be efficiently and strategically administered; offered in the least restrictive environment; be |
34 | designed to enhance the quality of life for adult learners; and be consistent with and inclusive of |
| LC002405/SUB A - Page 17 of 22 |
1 | the following values that reflect the preferences and needs of adult learners: |
2 | (1) Adult learners shall be treated with dignity and respect; |
3 | (2) Adult learners shall be included in policy development affecting adult education; |
4 | (3) Adult learners shall be offered services that are cost-effective and meet the learners' |
5 | needs; |
6 | (4) Adult learners shall have access to testing, evaluation, and requisite accommodation |
7 | for learning and/or other disabilities; |
8 | (5) Adult learners shall be fully informed about the educational choices available to them; |
9 | (6) Adult learners shall participate in decisions about their educational process, including |
10 | information exchange and goal setting; |
11 | (7) Adult learners shall be provided with educational programming commensurate with |
12 | their abilities, including, but not limited to, basic skills, career and technical education, and/or |
13 | secondary education or its recognized equivalent; and |
14 | (8) Adult learners shall receive consistent, sustained quality in their education. |
15 | 42-102.2-3. Established. |
16 | (a) There is an office of adult education and literacy in the Rhode Island governor's |
17 | workforce board. |
18 | (b) The office of adult education and literacy shall be staffed by employees of the |
19 | department of labor and training. |
20 | (c) The governor's workforce board, through the office of adult education and literacy, |
21 | shall have sole responsibility for administering and supervising policy and funding for adult |
22 | education and literacy. |
23 | (d) The director of the office of adult education and literacy shall be appointed by the |
24 | director of the department of labor and training. |
25 | (e) For the purposes of this chapter, "board" means the Rhode Island governor's |
26 | workforce board. |
27 | 42-102.2-4. Regulations. |
28 | The department of labor and training, in consultation with the board and the office of |
29 | adult education and literacy, may adopt regulations to carry out this chapter. |
30 | 42-102.2-5. "Adult education" qualifications. |
31 | (a) For the purposes of this chapter, "adult education" means academic instruction and |
32 | education services below the postsecondary level for individuals who: |
33 | (1) Are at least eighteen (18) years old; |
34 | (2) Are not enrolled or required to be enrolled in high school under state law; and |
| LC002405/SUB A - Page 18 of 22 |
1 | (i) Who lack basic skills; |
2 | (ii) Do not have a high school diploma or its recognized equivalent and have not achieved |
3 | an equivalent level of education; or |
4 | (iii) Are English language learners. |
5 | (b) Individuals who are sixteen (16) and seventeen (17) years of age may receive adult |
6 | education academic instructions and services pursuant to § 42-102.2-6(c). |
7 | 42-102.2-6. State plan for adult education. |
8 | (a) The board shall be responsible for the development of the components of the state |
9 | plan required to be submitted under federal law to carry out adult education and literacy services. |
10 | The board shall develop a state plan for adult education, which shall be a document |
11 | containing: |
12 | (1) Current needs assessment data; |
13 | (2) Statements of the policies, procedures, regulations, and program activities |
14 | contemplated for carrying out the intent of this chapter; and |
15 | (3) Prevailing or anticipated budgetary and fiscal conditions applicable to it. |
16 | (b) The state plan also shall contain all the elements prescribed by the federal Adult |
17 | Education Act, 20 U.S.C. § 1201 et seq., the federal Vocational Education Act, 20 U.S.C. § 2301 |
18 | et seq., as amended from time to time, and other applicable federal laws. The state plan shall be |
19 | renewed as consistent with applicable federal requirements or as directed by the board, and it may |
20 | be amended or updated annually. The plan and any renewals, amendments, or updates of it shall |
21 | be developed in consultation with and communicated to the adult education and employment |
22 | advisory committee established in chapter 102.1 of title 42. |
23 | (c) The state plan shall also contain a comprehensive framework developed in |
24 | collaboration with the department of elementary and secondary education and school districts to |
25 | evaluate student needs and to determine if and when individuals who are sixteen (16) or |
26 | seventeen (17) years old may benefit from appropriate adult education programming. |
27 | 42-102.2-7. Categories of adult education program and services. |
28 | Programs and services constituting adult education shall be categorized and defined as |
29 | follows: |
30 | (1) Category 1. Basic education, which shall consist of efforts to improve literacy and |
31 | provide opportunities for academic achievement up to grade twelve (12) and which shall include |
32 | instruction in reading, writing, arithmetic, literature, social studies, science, digital media, |
33 | computer and technology, pre-vocational subjects, career pathways, and other knowledge and |
34 | skills necessary to thrive as community members, family members, and workers; courses in |
| LC002405/SUB A - Page 19 of 22 |
1 | American culture, civics, and citizenship for immigrants; teaching English to individuals with no |
2 | or limited ability with the language; preparation for the demonstration of competencies to qualify |
3 | for an adult high school diploma or for examinations to earn the general educational development |
4 | or high school equivalency diploma; and preparation for enrollment and advancement in |
5 | postsecondary education. |
6 | (2) Category 2. Career and technical education, which shall consist of the imparting of |
7 | knowledge and skills necessary to become gainfully employed, at least at entry level, in a |
8 | recognized occupation, and thus attain economic self-sufficiency, and which shall be conveyed by |
9 | classroom instruction, on-the-job training, apprenticeships, or other appropriate methods. |
10 | (3) Category 3. Higher education, consisting of opportunities for adults to enter or re- |
11 | enter universities and colleges, whether matriculating or nonmatriculating, at undergraduate and |
12 | graduate levels, and whether part-time or full-time. |
13 | (4) Category 4. Continuing education in professional and technological occupations, |
14 | which shall consist of efforts to ensure that minimum competencies are maintained by individuals |
15 | who are employed in occupations that bear on the public health, safety, or general welfare, and |
16 | for which there are licensing, certification, or other credentialing provisions in the general laws, |
17 | and in which those persons shall participate, individually or in groups, by periodic reviews of |
18 | fundamental and up-to-date knowledge and skills, in-service experience, performance assessment, |
19 | or other systematic and ongoing methods, and which may involve earning continuing education |
20 | units. |
21 | (5) Category 5. General personal development, which shall consist of any formal or |
22 | informal activity in the pursuit and development of avocational, social, cultural, artistic, |
23 | enrichment, recreational, or other interests. |
24 | (6) Category 6. Public service education, consisting of efforts, through mass media and |
25 | by other methods, to inform, educate, and motivate residents of the state on vital and timely |
26 | subjects, such as health, safety, civic affairs, and social concerns and behavior. |
27 | (7) Category 7. Supportive services, which shall consist of various accommodations |
28 | intended to facilitate the pursuit of adult education in any of these specified categories, and which |
29 | shall include information, counseling, and other guidance services, financial aid, care of children |
30 | and other dependent persons, transportation, and other services. |
31 | 42-102.2-8. Grants for adult education and literacy services. |
32 | (a) The office of adult education and literacy shall distribute competitive grants for adult |
33 | education and literacy services in accordance with the state plan for services required under the |
34 | authorizing federal law for adult education and literacy services. |
| LC002405/SUB A - Page 20 of 22 |
1 | (b) The grants distributed under this section shall be based on need and performance. |
2 | (c) Grants under this section may be used for adult education and literacy services, |
3 | including: |
4 | (1) Basic skills instruction; |
5 | (2) Preparation and instruction for obtaining a high school diploma by examination under |
6 | § 42-102.2-9; |
7 | (3) Workplace literacy services and workforce preparation activities; |
8 | (4) English for speakers of other languages and integrated English literacy and civics |
9 | education; |
10 | (5) Family literacy; |
11 | (6) Literacy instruction; |
12 | (7) Integrated education and training; |
13 | (8) Support services; and |
14 | (9) Professional development. |
15 | (d) Funding for the competitive grants under this section shall be as provided in the state |
16 | budget. |
17 | (e) On or before August 1 of each year, the board shall: |
18 | (1) Compile a list by city or town of adult education and literacy services grant recipients |
19 | for adult education and literacy services offered to the public; |
20 | (2) Distribute the list to appropriate entities; |
21 | (3) Post the list on its public website; and |
22 | (4) Implement outreach strategies, including outreach to speakers of languages other than |
23 | English. |
24 | 42-102.2-9. High school equivalency testing. |
25 | (a) In selecting which tests shall be utilized and recognized by the state in the granting of |
26 | high school equivalency diplomas, the board and the advisory committee shall consider all |
27 | available high school equivalency tests and assessments that meet and adhere to Rhode Island |
28 | academic standards and shall give priority to those tests that are provided at the lowest cost for |
29 | test takers. In selecting said tests, the board shall consider: |
30 | (1) The recognition of the test, or lack thereof, by other states; |
31 | (2) The portability of the test; and |
32 | (3) Such other criteria that meet the needs of the test takers. |
33 | (b) The board shall adopt, and provide funding for, a rule or regulation granting a waiver |
34 | of fees associated with the high school equivalency test for individuals with limited income and |
| LC002405/SUB A - Page 21 of 22 |
1 | who can prove a financial hardship; provided, however, that to be eligible for a fee waiver, an |
2 | individual must have received at least a minimum passing score on the high school equivalency |
3 | practice test, or pertinent section of the test. The waiver may be based on a sliding scale based on |
4 | the individual's income. |
5 | 42-102.2-10. Appropriations of state funds. |
6 | The general assembly shall make certain annual appropriations of state funds, for the |
7 | purposes of adult education, as part of the total appropriations to the board. |
8 | 42-102.2-11. Data collection and reporting. |
9 | (a) By July 1, 2021, the department of labor and training and the office of adult education |
10 | and literacy, with approval of the adult education and employment advisory committee, shall: |
11 | (1) Develop a centralized data intake system to be used by all adult education providers; |
12 | (2) Collect and accumulate appropriate data related to adult education providers and |
13 | participants; |
14 | (3) Analyze collected data for the purposes of assessing needs, evaluating progress, and |
15 | establishing policy for adult education in the state; and |
16 | (4) Produce a report assessing adult education in the state to be submitted to the senate |
17 | president, speaker of the house, governor, and the adult education and employment advisory |
18 | committee on or before September 30 of each year, commencing in 2021. |
19 | (b) In making appropriations consistent with § 42-102.2-10, the general assembly shall |
20 | make certain additional annual appropriations for the purposes described above. |
21 | SECTION 6. This act shall take effect on December 31, 2019. |
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LC002405/SUB A | |
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| LC002405/SUB A - Page 22 of 22 |
EXPLANATION | |
BY THE LEGISLATIVE COUNCIL | |
OF | |
A N A C T | |
RELATING TO STATE AFFAIRS AND GOVERNMENT -- ADULT EDUCATION | |
*** | |
1 | This act would establish the office of adult education and literacy and the adult education |
2 | and employment advisory committee within the governor's workforce board Rhode Island |
3 | (GWBRI), to carry out adult education and literacy services. The programs and services of adult |
4 | education consist of basic education, career and technical education, higher education, continuing |
5 | education in professional and technological occupations, general personal development, public |
6 | service education, and supportive services. Grants shall be issued for adult educational services |
7 | based on need and performance. This act would repeal the Adult Education Act as set forth in |
8 | chapter 97 of title 16 and appropriations to aid evening schools. |
9 | This act would take effect on December 31, 2019. |
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LC002405/SUB A | |
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| LC002405/SUB A - Page 23 of 22 |