2019 -- S 0937

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LC002608

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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 -- THE RHODE ISLAND BOARD OF EDUCATION ACT

     Introduced By: Senators Pearson, DiPalma, Seveney, Satchell, and McCaffrey

     Date Introduced: May 30, 2019

     Referred To: Senate Education

     It is enacted by the General Assembly as follows:

     SECTION 1. Chapter 16-97 of the General Laws entitled "The Rhode Island Board of

Education Act" is hereby amended by adding thereto the following sections:

     16-97-11. Secretary of Education established.

     (a) Effective January 1, 2020, there is hereby established an executive office of education

(the "office"), which shall oversee all educational functions of the state. The office shall include

the office of postsecondary education and the department of elementary and secondary education.

     (b) The office shall be under the supervision and control of a secretary of education (the

"secretary"). Before entering upon the discharge of duties, the secretary shall take an oath to

faithfully execute the duties of the office. The secretary shall:

     (1) Be appointed by the governor with the advice and consent of the senate;

     (2) Devote full time to the duties of the office; and

     (3) Hold office at the pleasure of the governor, and until a successor is appointed and

confirmed.

     16-97-12. Powers and duties of secretary of education.

     (a) The secretary of education (the "secretary") shall have the following duties and

powers:

     (1) Analyze the present and future goals, needs, and requirements of public education in

the state, and provide the board of education and the general assembly with said analysis upon

request;

     (2) Review and approve the mission statement and five (5) year strategic plan for

elementary and secondary education in the state, and prepare a mission statement and five (5)

year strategic plan for higher education in the state:

     (i) The five (5) year strategic plan for public higher education shall be aligned with the

goals of the board of education’s strategic plan;

     (ii) The five (5) year strategic plans for elementary and secondary education and higher

education shall be designed to achieve a well-coordinated system of education from early

childhood through adulthood;

     (3) Coordinate the goals and objectives of the public higher education sector with the

goals of the council on elementary and secondary education and, where feasible, the activities of

the independent higher education sector;

     (4) To assist the board of education in preparation and maintenance of a five (5) year

strategic funding plan for education;

     (5) Make annual recommendations to the governor, senate president, and speaker of the

house concerning the funding of education in the state, and assist in preparing budget proposals to

be put before the legislature on behalf of the state’s elementary and secondary education and

public higher education programs;

     (6) Serve as the governor’s advisor on educational issues and represent the interests of

education;

     (7) Serve as an ex officio voting member of the council on elementary and secondary

education, the council on postsecondary education, and the board of education, and facilitate

coordination and communication between and among those councils and the board;

     (8) Appoint the commissioner of elementary and secondary education, who shall serve at

the pleasure of the secretary of education subject to the advice and consent of the board of

education;

     (9) Manage all resources within the department of elementary and secondary education,

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

postsecondary education, including, but not limited to, all resources necessary to implement a

longitudinal data system to coordinate the collection and analysis of educational data from

prekindergarten programs through higher education;

     (10) To develop and implement a systematic program of information gathering,

processing, and analysis addressed to every aspect of education in the state, especially as that

information relates to current and future educational needs;

     (11) To communicate with, and seek the advice of those concerned with and affected by

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the board of education's and councils’ determinations;

     (12) To implement broad policy as it pertains to the goals and objectives established by

the board of education; to promote better coordination between public higher education in the

state, independent higher education in the state, and prekindergarten through grade 12 (pre K-12)

education in the state;

     (13) To be responsible, upon direction of the board of education, for the allocation of

appropriations, and the acquisition, holding, and disposition of property;

     (14) To be responsible for the coordination of the various educational functions of the

state, so that maximum efficiency and economy can be achieved;

     (15) To recommend to the council on postsecondary education, after consultation with

the presidents, a clear and definitive mission for each public institution of higher learning;

     (16) To annually recommend to the council on postsecondary education, after

consultation with the presidents, the creation, abolition, retention, or consolidation of

departments, divisions, programs, and courses of study within the public colleges and universities

to eliminate unnecessary duplication in public higher education, to address the future needs of

public higher education in the state, and to advance proposals recommended by the presidents of

the public colleges and universities pursuant to §§ 16-32-2.1, 16-33-2.1 and 16-33.1-2.1;

     (17) To perform the duties vested in the council with relation to independent higher

educational institutions within the state under the terms of chapter 40 of this title and any other

laws that affect independent higher education in the state;

     (18) To be responsible for the administration of policies, rules, and regulations of the

board of education with relation to the entire field of education within the state, not specifically

granted to any other department, board, or agency and not incompatible with law;

     (19) To prepare standard accounting procedures for public higher education and all public

colleges and universities;

     (20) To carry out the policies and directives of the board of education and the council on

postsecondary education through utilization of the resources of the public institutions of higher

learning;

     (21) To enter into interstate reciprocity agreements regarding the provision of

postsecondary distance education; to administer such agreements; to approve or disapprove

applications to voluntarily participate in such agreements from postsecondary institutions that

have their principal place of business in Rhode Island; and to establish annual fees, with the

approval of the council on postsecondary education, for aforesaid applications to participate in an

interstate postsecondary distance education reciprocity agreement;

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     (22) To the extent necessary for participation, and to the extent required and stated in any

distance learning reciprocity agreement, to implement procedures to address complaints received

from out-of-state students in connection with, or related to, any Rhode Island postsecondary

institution, public or private, that has been approved to participate in said reciprocity agreement;

     (23) To exercise all powers and duties of the division of higher education assistance as

set forth under the terms of chapter 57 of this title;

     (24) All functions formerly administered by the office of the commissioner of

postsecondary education are hereby transferred to the executive office of the secretary of

education; and

     (25) Any powers or responsibilities vested in the commissioner of postsecondary

education pursuant to law are hereby vested in the secretary of education as of January 1, 2020.

     (b) The secretary may, subject to appropriation, employ such personnel, contract for such

consulting services, and expend such sums as may be required to carry out the duties and

responsibilities lawfully conferred upon the secretary.

     SECTION 2. Section 42-6-3 of the General Laws in Chapter 42-6 entitled "Departments

of State Government" is hereby amended to read as follows:

     42-6-3. Appointment of directors.

     (a) At the January session following his or her election to office, the governor shall

appoint a director of administration, a director of revenue, a director of public safety, a director of

human services, a director of behavioral healthcare, developmental disabilities and hospitals, a

director of transportation, a director of business regulation, a director of labor and training, a

director of environmental management, a director for children, youth and families, a director of

elderly affairs, secretary of commerce, secretary of health and human services, secretary of

education, and a director of corrections. The governor shall, in all cases of appointment of a

director while the senate is in session, notify the senate of his or her appointment and the senate

shall, within sixty (60) legislative days after receipt of the notice, act upon the appointment. If the

senate shall, within sixty (60) legislative days, vote to disapprove the appointment it shall so

notify the governor, who shall forthwith appoint and notify the senate of the appointment of a

different person as director and so on in like manner until the senate shall fail to so vote

disapproval of the governor's appointment. If the senate shall fail, for sixty (60) legislative days

next after notice, to act upon any appointment of which it has been notified by the governor, the

person so appointed shall be the director. The governor may withdraw any appointment of which

he or she has given notice to the senate, at any time within sixty (60) legislative days thereafter

and before action has been taken thereon by the senate.

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     (b) Except as expressly provided in § 42-6-9, no director of any department shall be

appointed or employed pursuant to any contract of employment for a period of time greater than

the remainder of the governor's current term of office. Any contract entered into in violation of

this section after July 1, 1994 is hereby declared null and void.

     SECTION 3. This act shall take effect on January 1, 2020.

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EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N   A C T

RELATING TO EDUCATION -- THE RHODE ISLAND BOARD OF EDUCATION ACT

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     This act would establish the executive position of the secretary of education, and would

set out the powers and duties of the secretary.

     This act would take effect on January 1, 2020.

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