2020 -- S 2253

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LC003853

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2020

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A N   A C T

RELATING TO EDUCATION-- SCHOOL COMMITTEES AND SUPERINTENDENTS

     

     Introduced By: Senators Pearson, and Picard

     Date Introduced: February 04, 2020

     Referred To: Senate Judiciary

     (by request)

It is enacted by the General Assembly as follows:

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     SECTION 1. Section 16-2-9 of the General Laws in Chapter 16-2 entitled "School

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Committees and Superintendents [See Title 16 Chapter 97 - The Rhode Island Board of

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

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     16-2-9. General powers and duties of school committees. [Effective January 1, 2020.]

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     (a) Unless the responsibility is otherwise delegated by this chapter, the entire care,

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control, and management of all public school interests of the several cities and towns shall be

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vested in the school committees of the several cities and towns. School committees shall have, in

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addition to those enumerated in this title, the following powers and duties:

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     (1) To identify educational needs in the community.

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     (2) To develop education policies to meet the needs of the community.

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     (3) To provide for and ensure the implementation of federal and state laws, the

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regulations of the council on elementary and secondary education, and local school policies,

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programs, and directives.

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     (4) To provide for the evaluation of the performance of the school system.

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     (5) To have responsibility for the care and control of local schools.

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     (6) To have overall policy responsibility for the employment and discipline of school

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department personnel.

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     (7) To approve a master plan defining goals and objectives of the school system. These

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

 

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able to do as a result of their educational experience. The committee shall periodically evaluate

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the efforts and results of education in light of these objectives.

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     (8) To provide for the location, care, control, and management of school facilities and

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equipment.

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     (9) To adopt a school budget to submit to the local appropriating authority.

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     (10) To adopt any changes in the school budget during the course of the school year.

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     (11) To approve expenditures in the absence of a budget, consistent with state law.

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     (12) To employ a superintendent of schools and assign any compensation and other terms

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and conditions as the school committee and superintendent shall agree, provided that in no event

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shall the term of employment of the superintendent exceed three (3) years. Nothing contained in

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this chapter shall be construed as invalidating or impairing a contract of a school committee with

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a school superintendent in force on May 12, 1978.

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     (13) [Deleted by P.L. 2019, ch. 224, § 2 and P.L. 2019, ch. 259, § 2].

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     (14) To establish minimum standards for personnel, to adopt personnel policies, and to

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approve a table of organization.

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     (15) To establish standards for the evaluation of personnel.

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     (16) To establish standards for conduct in the schools and for disciplinary actions.

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     (17) To hear appeals from disciplinary actions.

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     (18) To enter into contracts; provided, however, that any contract modification, change

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orders or supplemental agreements to an existing contract that will result in a monetary increase

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in excess of one million dollars ($1,000,000) shall be subject to the procurement procedures

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contained in chapter 55 of title 45; provided, however further, that notwithstanding any other

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provision of the general or public laws, whether of specific or general application, and

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notwithstanding the provisions of any charter of any municipality where the school committee is

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appointed and not elected, but not including, the Central Falls school district board of trustees

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established by § 16-2-34, the power and duty to enter into collective bargaining agreements shall

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be vested in the chief executive officer of the municipality and not in the school committee.

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     (19) To publish policy manuals that shall include all school committee policies.

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     (20) To establish policies governing curriculum, courses of instruction, and text books.

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     (21) To provide for transportation services that meet or exceed standards of the council

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on elementary and secondary education.

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     (22) To make any reports to the department of education as are required by the council on

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elementary and secondary education.

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     (23) To delegate, consistent with law, any responsibilities to the superintendent as the

 

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committee may deem appropriate.

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     (24) To address the health and wellness of students and employees.

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     (25) To establish a subcommittee of the school board or committee to decrease obesity

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and address school health and wellness policies for students and employees consistent with § 16-

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21-28.

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     (26) To annually undertake a minimum of six (6) hours of professional development as

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set forth and described in § 16-2-5.1.

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     (b) Nothing in this section shall be deemed to limit or interfere with the rights of teachers

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and other school employees to collectively bargain pursuant to chapters 9.3 and 9.4 of title 28 or

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to allow any school committee to abrogate any agreement reached by collective bargaining.

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     (c) The elected school committees of each city, town, or regional school district, or the

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chief executive officer of any municipality having an appointed school committee, shall have the

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power to bind their successors and successor committees by entering into contracts of

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employment in the exercise of their governmental functions.

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     (d) Notwithstanding any provisions of the general laws to the contrary, the requirement

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defined in subsections (d) through (f) of this section shall apply. The school committee of each

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school district shall be responsible for maintaining a school budget that does not result in a debt.

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     (e) The school committee shall, within thirty (30) days after the close of the first and

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second quarters of the state's fiscal year, adopt a budget as may be necessary to enable it to

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operate without incurring a debt, as described in subsection (d).

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     (f) In the event that any obligation, encumbrance, or expenditure by a superintendent of

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schools or a school committee is in excess of the amount budgeted or that any revenue is less than

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the amount budgeted, the school committee shall within five (5) working days of its discovery of

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potential or actual over expenditure or revenue deficiency submit a written statement of the

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amount of and cause for the over obligation or over expenditure or revenue deficiency to the city

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or town council president and any other person who by local charter or statute serves as the city

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or town's executive officer; the statement shall further include a statement of the school

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committee's plan for corrective actions necessary to meet the requirements of subsection (d). The

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plan shall be approved by the auditor general and also submitted to the division of municipal

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finance.

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     (g) Notwithstanding any other provision of law, whether of general or specific

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application, and notwithstanding any contrary provision of any city or town charter or ordinance,

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the elected school committee of any city, town, and regional school district shall be, and is hereby

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authorized to retain, the services of independent legal counsel as it may deem necessary and

 

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convenient. Any counsel so retained shall be compensated out of funds duly appropriated to the

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school committee, and in no event shall the independent counsel be deemed to be an employee of

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the pertinent city or town for any purpose.

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     SECTION 2. Chapter 45-55 of the General Laws entitled "Award of Municipal

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Contracts" is hereby amended by adding thereto the following section:

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     45-55-9.1. Change orders, contract modifications and supplemental agreements.

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     Any municipal contract awarded exceeding the amount provided by § 45-55-9 requiring

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change orders, contract modifications or supplemental agreements in excess of one million

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dollars ($1,000,000) shall be subject to the procurement procedures required for the initial award

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of the contract pursuant to this chapter.

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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-- SCHOOL COMMITTEES AND SUPERINTENDENTS

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     This act would require that any municipal contract modifications, change orders or

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supplemental agreements to an existing contract in excess of one million dollars ($1,000,000)

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shall be subject to the procurement procedures required for the initial award of the contract.

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     This act would take effect upon passage.

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