2021 -- H 6425 | |
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LC002941 | |
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STATE OF RHODE ISLAND | |
IN GENERAL ASSEMBLY | |
JANUARY SESSION, A.D. 2021 | |
____________ | |
A N A C T | |
RELATING TO EDUCATION -- RHODE ISLAND COLLEGE (SEE TITLE 16 CHAPTER 97 - | |
- THE RHODE ISLAND BOARD OF EDUCATION ACT) | |
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Introduced By: Representatives Serpa, Amore, O'Brien, Hull, Ranglin-Vassell, Donovan, | |
Date Introduced: June 11, 2021 | |
Referred To: House Finance | |
It is enacted by the General Assembly as follows: | |
1 | SECTION 1. Sections 16-33-1, 16-33-2, 16-33-2.1, 16-33-4, 16-33-6, 16-33-7, 16-33-8 |
2 | and 16-33-9 of the General Laws in Chapter 16-33 entitled "Rhode Island College [See Title 16 |
3 | Chapter 97 - The Rhode Island Board of Education Act]" are hereby amended to read as follows: |
4 | 16-33-1. Management by board of governors for higher education Management by |
5 | board of trustees -- Board established. |
6 | The Rhode Island College shall be under the management of the board of governors for |
7 | higher education as provided by chapter 59 of this title. |
8 | (a) There is hereby created a board of trustees for Rhode Island college, sometimes referred |
9 | to as the "board" or "board of trustees," which shall be and is constituted a public corporation, and: |
10 | empowered to sue and be sued in its own name; to borrow money; to compromise and settle claims; |
11 | to have a seal; and to make and execute contracts and other instruments necessary or convenient to |
12 | the exercise of its powers; and to exercise all the powers, in addition to those specifically |
13 | enumerated in this chapter, usually appertaining to public corporations entrusted with control of |
14 | postsecondary educational institutions and functions. Upon its organization, the board shall be |
15 | vested with the legal title to all property, real and personal, now owned by and/or under the control |
16 | or in the custody of the council on postsecondary education for the use of Rhode Island college, |
17 | including all its departments, divisions, and branches, sometimes referred to as the "property". |
18 | (b) The board is empowered to hold and operate the property in trust for the state; and to |
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1 | acquire, hold, and dispose of the property and other like property as deemed necessary for the |
2 | execution of its corporate purposes. The board is made successor to all powers, rights, duties, and |
3 | privileges for Rhode Island college formerly belonging to the council on postsecondary education |
4 | pertaining to postsecondary education and the board of governors for higher education. |
5 | (c) The board shall be the employer of record for the college. It shall retain all authority |
6 | formerly vested in the council on postsecondary education and the board of education regarding |
7 | the employment of faculty and staff at Rhode Island college. The board shall appoint the president |
8 | of the college and shall review his or her performance on an annual basis. |
9 | (1) The board is empowered to enter into contracts and agreements with the council on |
10 | postsecondary education and/or the department of administration related to employee benefits, |
11 | including, but not limited to, retirement benefits, health, dental, vision and life insurance, disability |
12 | insurance, workers' compensation, and tuition waivers to maximize the state's and college's |
13 | purchasing and investment portfolio and educational opportunities for the benefit of its employees. |
14 | (2) The board is empowered to enter into collective bargaining agreements as appropriate |
15 | with its employees, and all existing collective bargaining agreements in effect when the board is |
16 | established pursuant to § 16-33-2.2 shall be transferred from the council on postsecondary |
17 | education to the board. |
18 | (d) The board shall make rules and regulations for the control and use of all public |
19 | properties and highways under its care, and for violations of those rules and regulations; penalties, |
20 | up to one hundred dollars ($100) and costs for any one offense, may be imposed by any district |
21 | court or police court in the city or town where the violation occurs; and, in general, the board shall |
22 | take all actions necessary for the proper execution of the powers and duties granted to, and imposed |
23 | upon, the board by the terms of this chapter. |
24 | (e) The board shall make rules and regulations pursuant to chapter 2 of title 37 to implement |
25 | its responsibilities as a public agency for procurement purposes as defined in § 37-2-7. |
26 | (f) The board shall evaluate data on which to base performance of the college as described |
27 | in subsection (g) of this section which shall be defined by the president of the college. These |
28 | measures may include and incorporate outcomes or goals from multiple, previous years. The lack |
29 | of information from previous years, however, will not affect the use of performance-based |
30 | measures. |
31 | (g) Rhode Island college shall have unique measures consistent with its purpose, role, |
32 | scope, and mission. The board shall provide faculty and students an opportunity to provide input |
33 | on the development of performance measures. |
34 | (1) The performance-based measures shall include, but not be limited to, the following |
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1 | metrics: |
2 | (i) The number and percentage, including growth in relation to enrollment and prior years |
3 | of bachelor's degrees awarded to first-time, full-time students within four (4) years and six (6) |
4 | years, including summer graduates; |
5 | (ii) The number of degrees awarded that are tied to Rhode Island's high demand, high-wage |
6 | employment opportunities consistent with the institution's mission; |
7 | (iii) One metric that applies only to the college, in consultation with the president, which |
8 | shall consider faculty, staff, and student input; and |
9 | (iv) Any other metrics that are deemed appropriate by the board. |
10 | (2) Weight may be assigned to any of the aforementioned metrics to reinforce the mission |
11 | of the college, the economic needs of the state, and the socio-economic status of the students. |
12 | (h) The board shall hold the college accountable for developing and implementing transfer |
13 | pathways for students from the community college of Rhode Island. |
14 | (i) The board shall supervise, coordinate, and/or authorize audits, civil and administrative |
15 | investigations, and inspections or oversight reviews, when necessary, relating to expenditure of |
16 | state or federal funds, or to any and all college programs and operations, as well as the procurement |
17 | of any supplies, services, or construction, by the college. In the course of an audit or investigation, |
18 | the board authorized auditor(s) shall review statutes and regulations of the college and shall |
19 | determine if the college is in compliance and shall make recommendations concerning the |
20 | efficiency of operations, and the effect of such statutes or regulations on internal controls and the |
21 | prevention and detection of fraud, waste, and abuse. The board authorized auditor(s) may |
22 | recommend policies or procedures that may strengthen internal controls, or assist in the prevention |
23 | or detection of fraud, waste, and abuse or mismanagement. Any audits conducted shall be |
24 | transmitted to the office of internal audit established in chapter 7.1 of title 35. |
25 | 16-33-2. Powers over college -- Purposes of college. |
26 | The board of governors for higher education trustees shall be responsible for the control, |
27 | management, and operation of Rhode Island College college in the same manner as prior to July 1, |
28 | 1960, the board of trustees for state colleges had been responsible for the control, management, and |
29 | operation of the institution under the name of Rhode Island College of Education, and shall |
30 | continue to exercise the powers previously conferred upon the trustees of Rhode Island Normal |
31 | School, and any further powers, including the power to confer degrees, as shall be necessary for |
32 | the continuance and maintenance of the Rhode Island College college as a college the chief purpose |
33 | of which shall be the preparation of teachers, principals, supervisors, and superintendents for |
34 | service in the public schools of Rhode Island. The board of governors for higher education trustees |
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1 | is authorized to extend the scope of the educational interests of Rhode Island College college to |
2 | include, in addition to and without in any way limiting its educational programs related to the |
3 | educational preparation of teachers for the schools of the state, general education through degree |
4 | programs in the liberal arts and sciences. |
5 | 16-33-2.1. Additional powers of the President of the College Additional powers of the |
6 | president of the college. |
7 | In addition to any powers granted to the president of Rhode Island College college by law |
8 | or regulation, and consistent with shared governance practices, in conformity with § 16-33-6, the |
9 | president shall have the following additional powers and duties: |
10 | (a) To create and consolidate departments, divisions, programs, and courses of study within |
11 | the college with the assistance of the commissioner of postsecondary education within the approved |
12 | role and scope adopted by the council on postsecondary education pursuant to § 16-59-4 board of |
13 | trustees. Any new or proposed eliminations of departments, divisions, programs or courses of study |
14 | that are outside the role and scope approved by the council board shall require the review and |
15 | approval of the council on postsecondary education board of trustees. |
16 | (b) To adopt a budget for the college and submit it to the council for postsecondary |
17 | education board of trustees for approval. |
18 | (c) To be responsible for the general management of property of the college. |
19 | (d) To recommend to the council on postsecondary education, after consultation with the |
20 | commissioner of postsecondary, education board of trustees tables of organization for the college. |
21 | (e) To submit to the office of postsecondary commissioner board of trustees and to compile |
22 | and analyze the following information for presentation to the council for postsecondary education |
23 | and the board of education board annually by May 1 the following: |
24 | (1) A detailed departmental breakdown of all faculty members employed at the college by |
25 | rank (including all professors, associate professors, assistant professors, lecturers, and instructors) |
26 | and tenure (tenured and non-tenured, and other) and by race (African American, Hispanic, Native |
27 | American, and Asian) and gender. |
28 | (2) A detailed report on current student enrollments for each class at the college by race |
29 | and gender, by academic department, and by outreach program (e.g. talent development), |
30 | guaranteed admissions program, and the current levels of funding and staff support for each of |
31 | these programs. |
32 | (3) A report on the current status of the African and Afro-American studies programs at |
33 | the college and a five (5) year budgetary history of the programs along with projections for |
34 | budgetary support for the next two (2) years. |
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1 | (4) A plan for recruitment of African American and Hispanic faculty into tenure track |
2 | positions at the college with specific reference to and planned involvement with the New England |
3 | higher education's minority faculty recruitment and development plan. |
4 | (5) Copies of the report shall be furnished to the council of postsecondary education and |
5 | the board of education board of trustees. |
6 | (f) To assist the board of trustees in preparation and maintenance of a three (3) year |
7 | strategic funding plan for the college, and to assist the board in the preparation and presentation |
8 | annually to the state budget officer in accordance with § 35-3-4 of a total college budget. |
9 | (g) To monitor, publish, and report to the board of trustees the level of performance on all |
10 | metrics of the college set forth in § 16-33-2.2 and in accordance with this chapter. The president |
11 | shall revise the metrics at a time when performance has reached a level pre-defined by the board. |
12 | Future metrics may further goals identified by the board, the board of education and the governor's |
13 | workforce board, and the purpose and mission of the college. The college shall publish its |
14 | performance on all of its associated metrics prescribed in this chapter on its website. |
15 | 16-33-4. Students paying tuition. |
16 | The board of governors for higher education trustees may admit to the classes of the college |
17 | persons not intending to teach in the public schools of the state upon the payment by them of any |
18 | tuition fees as may be determined by the board. The board shall make, each term, a return to the |
19 | general treasurer of all money received by it in pursuance of this authority. |
20 | 16-33-6. Award of degrees -- Curriculum and government. |
21 | The board of governors for higher education trustees, with the approval of the president |
22 | and a committee of the faculty of Rhode Island College college, shall award academic degrees and |
23 | diplomas and confer honors in the same manner as is customary in American colleges. It shall also |
24 | be the duty of the president and a committee of the faculty, with the approval of the board of |
25 | governors for higher education trustees, to arrange courses of study, prescribe any qualifications |
26 | for the admission of students and any rules of study, exercise, discipline, and government as the |
27 | president and committee may deem proper. |
28 | 16-33-7. Diploma on graduation. |
29 | Persons who shall have passed the regular course of studies at Rhode Island College college |
30 | shall, on the written recommendation of the president, receive a diploma issued by the board of |
31 | governors for higher education trustees. |
32 | 16-33-8. Appropriations and disbursements. |
33 | (a) The general assembly shall annually appropriate any sum as it may deem necessary for |
34 | the maintenance and support of the Rhode Island College college. |
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1 | (b) The state controller is authorized and directed to draw his or her orders upon the general |
2 | treasurer for the payment of the sum upon receipt by the controller of vouchers approved by the |
3 | board of governors for higher education trustees. |
4 | 16-33-9. Assent to federal provisions for college housing. |
5 | All proceeds of the loan or loans received by the board of governors for higher education |
6 | trustees for the construction of housing facilities for the Rhode Island College college shall be paid |
7 | to the general treasurer of the state and deposited by the treasurer in a separate fund to be known |
8 | as the "Rhode Island College college housing loan fund." |
9 | SECTION 2. Chapter 16-33 of the General Laws entitled "Rhode Island College [See Title |
10 | 16 Chapter 97 - The Rhode Island Board of Education Act]" is hereby amended by adding thereto |
11 | the following sections: |
12 | 16-33-2.2. Appointment and removal of the board of trustees. |
13 | (a) There is hereby established a board of trustees for Rhode Island college consisting of |
14 | thirteen (13) members. The chair of the board of education and the chair of the council on |
15 | postsecondary education shall serve in a non-voting, ex officio capacity on the board of trustees. |
16 | The president of Rhode Island college shall appoint one faculty member and one student member |
17 | who shall be a full-time student in good standing at the college and who shall each serve in a non- |
18 | voting, ex officio capacity for a single two (2) year term. The governor shall appoint nine (9) voting |
19 | members, with the advice and consent of the senate, to serve on the board of trustees, until the |
20 | expiration of their term and their successor is appointed. In making these appointments the governor |
21 | shall give due consideration to recommendations from the president of Rhode Island college and at |
22 | least three (3) of those members appointed by the governor shall be residents of the State of Rhode |
23 | Island, at least one of those members shall be selected from a list of names of at least three (3) |
24 | individuals submitted by the speaker of the house of representatives, and at least one of those |
25 | members shall be selected from a list of names of at least three (3) individuals submitted by the |
26 | president of the senate. Three (3) of the voting members initially appointed pursuant to this section |
27 | shall serve terms of three (3) years; three (3) voting members initially appointed pursuant to this |
28 | section shall serve terms of two (2) years; and Three (3) voting members initially appointed |
29 | pursuant to this section shall serve terms of one year. Seven (7) voting members of the board shall |
30 | constitute a quorum and the vote of a majority of those present and voting shall be required for |
31 | action. |
32 | (b) After the initial terms of appointment have expired, the governor shall appoint members |
33 | to succeed those voting members whose terms have expired; the members shall be filled in the |
34 | same manner of the original appointment as set forth in subsection (a) of this section and shall each |
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1 | serve for a term of three (3) years, or until their successors are appointed and qualified. |
2 | (c) A majority of the board shall elect the chair of the board from among the nine (9) voting |
3 | board members pursuant to rules and regulations adopted by the board establishing the procedure |
4 | for electing a chair. |
5 | (d) Public members of the board shall be removable by the appointing authority of the |
6 | member for cause only, and removal solely for partisan or personal reasons unrelated to capacity |
7 | or fitness for the office shall be unlawful. No removal shall be made for any cause except after ten |
8 | (10) days' notice in writing of specific charges, with opportunity for the member to be present in |
9 | person and with counsel at a public hearing before the appointing authority, to introduce witnesses |
10 | and documentary evidence in his or her own defense, and to confront and cross-examine adversary |
11 | witnesses; and appeal shall lie to the superior court from the governor's determination. |
12 | 16-33-11. Exemption from provisions of administrative procedures act. |
13 | The provisions of chapter 35 of title 42, ("administrative procedures act"), shall not apply |
14 | to this chapter. |
15 | 16-33-12. Receipts from sources other than appropriations. |
16 | (a) Notwithstanding any general laws to the contrary, all receipts from all sources other |
17 | than state appropriations shall not be deposited into the general fund of the state, but shall be |
18 | deposited by the general treasurer of the state into a restricted account for the benefit of the board |
19 | of trustees, and shall be paid out by the treasurer upon the order of the board, without the necessity |
20 | of appropriation or re-appropriation by the general assembly. |
21 | (b) The board of trustees shall ensure that the college has a structure in place to prohibit |
22 | the college from accepting funds that would interfere with or restrict academic freedom at the |
23 | college. Nothing contained in this section shall be construed in a way as to prohibit a donor from |
24 | earmarking funds for a particular purpose or use, including, but not limited to, research, |
25 | scholarships, construction, or development. |
26 | 16-33-13. Fiscal accounts -- Receipts -- Petty cash funds. |
27 | (a) The treasurer of Rhode Island college, as appointed by the board of trustees, shall: |
28 | (1) Keep an accurate account of his or her receipts and expenditures, which shall be audited |
29 | by the state controller; and |
30 | (2) Turn over to the general treasurer at monthly intervals all sums of money received by |
31 | him or her during the preceding month which shall be credited to the proper accounts and funds by |
32 | the general treasurer. |
33 | (b) The state controller shall establish an imprest fund or petty cash fund for the use of the |
34 | treasurer of the college for expenditures of any nature as may be approved by the state controller. |
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1 | 16-33-14. Audit of expenditures. |
2 | The pre-audit of all expenditures under authority of the board by the state controller |
3 | provided for in § 35-6-1 shall be purely ministerial, concerned only with the legality of the |
4 | expenditure and the availability of the funds, and in no event shall the state controller interpose his |
5 | or her judgment regarding the wisdom or expediency of any item or items of expenditure. |
6 | 16-33-15. Freedom from budget and lease control by other agencies. |
7 | In order that the board of trustees may control the personnel and equipment of the college |
8 | in the interest of educational efficiency, the board and the college are exempt from the provisions |
9 | of § 35-3-1(a)(5) relating to the employment of personnel, and from any provision of § 42-20-8 |
10 | that relates to the director of administration. |
11 | 16-33-16. Applicability of merit system -- Teacher certification -- List of positions |
12 | transferable to classified service. |
13 | (a) The appointment, promotion, salaries, tenure, and dismissal of administrative, |
14 | instructional, and research employees, and secretarial employees not exceeding ten (10) in number, |
15 | and armed university police officers shall not be subject in any manner or degree to control by the |
16 | state personnel administrator or by any officer or board other than the board of trustees. The |
17 | certification of teachers at the Rhode Island college is abolished, except for teachers who elect to |
18 | come or remain under it. |
19 | (b) All positions that are exempt from the merit system law, chapter 4 of title 36, that |
20 | become vacant or that are to be established, must be forwarded to the state personnel administrator, |
21 | who shall determine whether the position(s) in question shall remain in the board of trustees non- |
22 | classified service or be established in the classified service of the state. |
23 | (c) No position presently in the classified service of the state subject to the merit system |
24 | law, chapter 4 of title 36, shall be changed or modified so as to establish the position in the board |
25 | of trustees non-classified service. |
26 | (d) Faculty positions, presidents, vice presidents, deans, assistant deans, and student |
27 | employees of the college shall not be covered by the preceding provisions and shall remain in the |
28 | non-classified service of the board. |
29 | 16-33-17. Permanent status for non-classified employees. |
30 | All non-classified employees of the board of trustees who shall have twenty (20) years, not |
31 | necessarily consecutive, of service credit, these credits having been earned in either the classified, |
32 | non-classified, or unclassified service or any combination of these, shall be deemed to have |
33 | acquired full status in their positions as the status is defined by § 36-4-59 with the base entry date |
34 | prior to August 8, 1996; provided that, this provision shall not apply to faculty employed by the |
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1 | board nor shall it apply to non-classified employees who have acquired tenure as faculty. |
2 | 16-33-18. Longevity payments -- Non-classified employees. |
3 | (a) The non-classified employees of the board of trustees, except for faculty employees and |
4 | except for non-classified employees already receiving longevity increases, shall be entitled to a |
5 | longevity payment in the amount of five percent (5%) of base salary after ten (10) years of service |
6 | and increasing to a total of ten percent (10%) of base salary after twenty (20) years of service. The |
7 | provisions of this section will apply only to employees with a pay grade under nineteen (19). The |
8 | longevity payments shall not be included in base salary. |
9 | (b) The board of trustees is authorized to promulgate regulations implementing the |
10 | provisions of this section. |
11 | (c) Beginning on July 1, 2011, notwithstanding any rule, regulation, or provision of the |
12 | public laws or general laws to the contrary, there shall be no further longevity increases for |
13 | employees of the board of trustees; provided, however, for employees with longevity provisions |
14 | pursuant to a collective bargaining agreement in effect on June 1, 2011, longevity increases shall |
15 | cease beginning on July 1, 2011, or beginning upon the expiration of the applicable collective |
16 | bargaining agreement, whichever occurs later. To the extent an employee has previously accrued |
17 | longevity payments, the amount of the longevity payment earned by the employee for the last pay |
18 | period in June, 2011, shall be added to the employee's base salary as of June 30, 2011, or in the |
19 | case of an employee with longevity provisions pursuant to a collective bargaining agreement in |
20 | effect on June 1, 2011, the amount of the longevity payment earned by the employee for the latter |
21 | of the last pay period in June or the last pay period prior to the expiration of the applicable collective |
22 | bargaining agreement shall be added to the employee's base salary as of June 30, 2011, or upon the |
23 | expiration of the applicable collective bargaining agreement, whichever occurs later. |
24 | 16-33-19. Appointment of campus police. |
25 | (a) The board of trustees may appoint one or more persons who may act as police officers |
26 | upon the property and highways of the college subject to the control of the board and upon the |
27 | streets and highways immediately adjacent to those lands. The campus police officers shall protect |
28 | the property of the college; suppress nuisances and disturbances and breaches of the peace; and |
29 | enforce laws and regulations for the preservation of good order. They shall have the same powers |
30 | and authority as that conferred upon municipal police officers, including the power to arrest persons |
31 | for violations of state criminal statutes or for violations of city or town ordinances of the city or |
32 | town in which the institution is located. They shall be required to attend and successfully complete |
33 | the municipal police training academy before they shall be allowed to carry firearms. Additionally, |
34 | any campus police officer observing the violation of any rule or regulation of the board adopted |
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1 | pursuant to this chapter, including, but not limited to, parking and traffic regulations, may issue a |
2 | summons in the manner and form set forth in § 31-27-12 or § 31-41.1-1 returnable to the district |
3 | court, the police court of the city or town where the violation occurs, or the traffic tribunal as |
4 | provided by law. |
5 | (b) Notwithstanding any other provision of law, all fines and penalties recovered for |
6 | violation of rules and regulations made under authority of this section shall be accounted for by the |
7 | appropriate authority, which shall forward all fines or penalties for nonmoving traffic violations to |
8 | the general treasurer for use by the college on whose campus the citation or violation was issued. |
9 | 16-33-20. Conflicts of interest. |
10 | No member of the board of trustees shall be employed in any position under the jurisdiction |
11 | of the board, nor contract in any manner for any purpose with the board; nor shall the board |
12 | purchase, sell, or lease any land, property, or supplies from or to any firm or business association |
13 | of which any member of the board is owner, part owner, or officer or director. No person related |
14 | by consanguinity or affinity in the first degree to any member of the board shall be employed in |
15 | any capacity under the board's jurisdiction. |
16 | 16-33-21. Existing bond debt. |
17 | The board of trustees is authorized to take all actions, and execute and deliver all |
18 | agreements or instruments, necessary or convenient for the board to assume all of the obligations |
19 | on behalf of, and in replacement of, or jointly with the council on postsecondary education under |
20 | outstanding bonds issued by the Rhode Island health and educational building corporation or |
21 | outstanding lease certificates of participation, in either case, issued for the benefit of the university |
22 | of Rhode Island, the community college of Rhode Island, and/or Rhode Island college as may be |
23 | necessary to ensure, among other items, that the college continues to meet its obligations under |
24 | such bonds or certificates. |
25 | SECTION 3. Sections 16-59-1, 16-59-2 and 16-59-13 of the General Laws in Chapter 16- |
26 | 59 entitled "Council on Postsecondary Education [See Title 16 Chapter 97 - The Rhode Island |
27 | Board of Education Act]" are hereby amended to read as follows: |
28 | 16-59-1. Council on Postsecondary Education established Council on postsecondary |
29 | education established. |
30 | (a) There is created a council on postsecondary education, sometimes referred to as the |
31 | "council," which shall be and is constituted a public corporation, empowered to sue and be sued in |
32 | its own name, and to exercise all the powers, in addition to those specifically enumerated in this |
33 | chapter, usually appertaining to public corporations entrusted with control of postsecondary |
34 | educational institutions and functions. Upon its organization, the council shall be invested with the |
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1 | legal title (in trust for the state) to all property, real and personal, now owned by and/or under the |
2 | control or in custody of the board of regents for education for the use of Rhode Island college, the |
3 | community college of Rhode Island and the system of community colleges of Rhode Island, |
4 | including all departments, divisions, and branches of these. |
5 | (b) The council is empowered to hold and operate the property in trust for the state; to |
6 | acquire, hold, and dispose of the property and other like property as deemed necessary for the |
7 | execution of its corporate purposes. The council is made successor to all powers, rights, duties, and |
8 | privileges formerly belonging to the board of regents for education pertaining to postsecondary |
9 | education and the board of governors for higher education. |
10 | (c) The council shall be the employer of record for Rhode Island college and the community |
11 | college of Rhode Island and the office of postsecondary education. It shall retain all authority |
12 | formerly vested in the board of education regarding the employment of faculty and staff at Rhode |
13 | Island college and the community college of Rhode Island. |
14 | (d) The council shall be the governing body for the Rhode Island division of higher |
15 | education assistance and shall retain all authority formerly vested in the higher education assistance |
16 | authority board of directors pursuant to § 16-57-7; however, any debts, liabilities, or obligations of |
17 | the council that result from its status as such governing body shall be payable solely from the |
18 | revenues or assets of reserve funds set forth and established by the prior Rhode Island higher |
19 | education assistance authority and/or the Rhode Island division of higher education assistance |
20 | created pursuant to chapter 57 of this title, and not from any assets or property held by the council |
21 | on public higher education pursuant to this chapter. |
22 | (e) The council on postsecondary education shall be the employer of record for the division |
23 | of higher education assistance. |
24 | (f) The council on postsecondary education, simultaneous with the transfer of authority to |
25 | the university of Rhode Island board of trustees pursuant to § 16-32-2, shall enter into a sublease |
26 | with the university of Rhode Island board of trustees for the space the university currently occupies |
27 | at the Rhode Island nursing education center in Providence, Rhode Island, such sublease being |
28 | coterminous with the lease and incorporating the same terms, conditions and space allocations |
29 | currently in effect under the lease, and P.L. 2014, ch. 145, art. 4, § 8, and that certain memorandum |
30 | of understanding dated January 7, 2017, among the Rhode Island office of postsecondary |
31 | commissioner, the university of Rhode Island and Rhode Island college. |
32 | (g) The council is empowered to enter into contracts and agreements with the board of |
33 | trustees for the university of Rhode Island and/or the department of administration related to public |
34 | higher education employee benefits, including, but not limited to, retirement benefits, health, |
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1 | dental, vision and life insurance, disability insurance, workers' compensation, and tuition waivers |
2 | to maximize the state's and council's purchasing and investment portfolio and educational |
3 | opportunities for the benefit of its employees. |
4 | 16-59-2. Appointment of members of the council on postsecondary education. |
5 | The governor shall establish the council for postsecondary education by appointing eight |
6 | (8) members of the board of education established pursuant to chapter 97 of this title to serve as |
7 | members of the council, until the expiration of their term as a member of the board of education |
8 | and their successor is appointed. In addition the governor shall appoint one (1) student member |
9 | who shall be a full time student in good standing at the University of Rhode Island, Rhode Island |
10 | College or the Community College community college of Rhode Island and who shall serve in a |
11 | non-voting, ex-officio capacity for a single two (2) year term and shall rotate among the three (3) |
12 | public institutions. The governor shall appoint the chair of the council on an annual basis from |
13 | among the eight (8) voting council members. The chair of the board of education shall serve on the |
14 | council in voting, ex-officio capacity. Five (5) voting members of the council shall constitute a |
15 | quorum and the vote of a majority of those present and voting shall be required for action. |
16 | 16-59-13. Definitions. |
17 | Where in this chapter the phrase "public colleges" or "public institutions of higher learning" |
18 | or "public tax supported institutions of higher learning" or words of similar import are used they |
19 | shall be taken to mean Rhode Island college, and the community college of Rhode Island, or any |
20 | other of these public colleges, public institutions of higher learning, or public tax supported |
21 | institutions of higher learning other than the university of Rhode Island, and Rhode Island college, |
22 | which may be created, individually or collectively, as appropriate. |
23 | SECTION 4. This act shall take effect upon passage. |
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EXPLANATION | |
BY THE LEGISLATIVE COUNCIL | |
OF | |
A N A C T | |
RELATING TO EDUCATION -- RHODE ISLAND COLLEGE (SEE TITLE 16 CHAPTER 97 - | |
- THE RHODE ISLAND BOARD OF EDUCATION ACT) | |
*** | |
1 | This act would create a board of trustees to manage Rhode Island College, similar to that |
2 | which was created for the University of Rhode Island in 2019. The board of trustees would be a |
3 | public corporation and as such would have wide-sweeping authority such as appointment of the |
4 | president of the college and employment of faculty. It would be empowered to sue or be sued, to |
5 | borrow money, to enter into contracts, to hold legal title to property, to hold property in trust for |
6 | the state, to enter into contracts and settle claims, to name a few. |
7 | This act would take effect upon passage. |
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