2023 -- S 0182

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LC001443

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2023

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A N   A C T

RELATING TO EDUCATION -- COUNCIL ON ELEMENTARY AND SECONDARY

EDUCATION

     

     Introduced By: Senators DiMario, Euer, Gallo, Lawson, Acosta, Lauria, Valverde,
DiPalma, Picard, and Pearson

     Date Introduced: February 16, 2023

     Referred To: Senate Education

     It is enacted by the General Assembly as follows:

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     SECTION 1. Section 16-60-2 of the General Laws in Chapter 16-60 entitled "Council on

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Elementary and Secondary Education [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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     16-60-2. Appointment of board members.

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     (a) The governor shall establish the council on elementary and secondary education by

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appointing eight (8) members of the board of education established pursuant to chapter 97 of this

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title to serve as members of the council until the expiration of their term and appointment of their

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successor as a member of the board of education. The chair of the board of education shall serve

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on the council in a voting, ex-officio capacity. Five (5) voting members of the council shall

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constitute a quorum and the vote of the majority of those present and voting shall be required for

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action. The governor shall appoint the chair of the council on an annual basis from among the eight

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(8) council members.

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     (b) In addition to the eight (8) members appointed by the governor, the Rhode Island

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teacher of the year shall serve on the council on elementary and secondary education pursuant to §

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16-97-1(c) and (d).

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     (b)(c) No person shall be eligible for appointment to the board after the effective date of

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this act [March 24, 2006] unless he or she is a resident of this state, with the exception of the

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individual serving in the ex officio seat as Rhode Island teacher of the year.

 

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     (c)(d) There is hereby established a student advisory council to the council on elementary

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and secondary education, consisting of one elected high school student representative from each

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public secondary school in the state of Rhode Island.

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     (1) Each public secondary school shall hold elections for its representative to the student

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advisory council no earlier than the first (1st) day of March and no later than the end of the second

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(2nd) full week of April. Each school shall elect only one representative. Elected members shall be

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notified of their election on or before the Friday of the third (3rd) week of April of the year of their

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election. No person shall be eligible to be elected to the student advisory council unless at the time

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of his or her election he or she is enrolled as a student in a secondary school between the grades of

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nine (9) and eleven (11) within the state of Rhode Island. No person shall be allowed to vote if they

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are not currently enrolled in a Rhode Island public secondary school between the grades of nine (9)

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and eleven (11). If at any time during his or her term of office a member of the student advisory

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council ceases to be so enrolled, his or her membership shall be terminated and his or her position

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shall be deemed vacant. This vacancy shall be filled by the public secondary school within thirty

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(30) school days of the opening of the vacancy.

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     (2) The student advisory council will serve from the first (1st) day of May of the year it is

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elected until the last day of April of the following year. A student may serve no more than three (3)

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terms.

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     (3) Said student advisory council shall meet from time to time and shall consider such

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matters as it deems appropriate.

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     (4) Prior to the first (1st) day of June of each annual session the student advisory council

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shall adopt a set of bylaws.

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     (5) Members of the council shall not be compensated for service in attending meetings

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except that they shall be reimbursed for necessary expenses incurred in travelling to and from

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meetings.

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     (6) The members of said student advisory council shall, by majority vote prior to the first

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(1st) day of June in each year, elect from their members a chairperson who shall serve for a term

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of one year beginning on the first (1st) day of June. Said chairperson shall serve as an ex officio

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and nonvoting member of the council for a term of one year, unless the student advisory council

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removes said chairperson from his or her position in a manner described within the bylaws of that

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council.

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     SECTION 2. Section 16-97-1 of the General Laws in Chapter 16-97 entitled "The Rhode

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

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     16-97-1. Rhode Island board of education established.

 

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     (a) Effective January 1, 2013, there is created a board of education that shall be responsible

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for and shall exercise the purposes, powers, and duties of, this chapter and chapters 59 and 60 of

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this title. The board is responsible for the coordination of education from pre-k through higher

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education and shall set goals and policies for the effective coordination of these public education

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systems.

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     (b) The board of education shall consist of seventeen (17) public members appointed by

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the governor with the advice and consent of the senate, eight (8) of whom shall be designated to

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serve on the council on elementary and secondary education and eight (8) of whom shall be

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designated to serve on the council on postsecondary education. The chairperson of the board shall

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serve as a member of both councils. Six (6) of the members initially appointed pursuant to this

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section shall serve terms of three (3) years; six (6) members initially appointed pursuant to this

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section shall serve terms of two (2) years; and, four (4) members initially appointed pursuant to this

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section shall serve terms of one year. To the greatest extent possible, the initial staggered terms

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shall be equitably divided among the councils so as to protect against sudden changes in

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membership and reversal of policy. Thereafter, all members appointed pursuant to this section shall

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serve terms of three (3) years. At the expiration of their terms, members shall remain and continue

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in their official capacity until their successor is appointed and qualified. Members shall not be

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appointed to more than three (3), successive three-year (3) terms each; provided that the chair of

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the board shall have no term and shall serve at the pleasure of the governor. Any vacancy among

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the members of the board shall be filled by appointment of the governor for the remainder of the

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unexpired term. In the selection and appointment of the board, the governor shall seek persons who

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best serve the needs of the entire state. No person shall be eligible for appointment to the board

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after the effective date of this act unless a resident of this state. Members of the board shall not be

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compensated for their service in attending board or council meetings.

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     (c) The chair of the Governor’s workforce board, or designee; the chair of the Rhode Island

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commerce corporation, or designee; and the chair of the university of Rhode Island board of

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trustees, or designee, and the Rhode Island teacher of the year shall serve as non-voting, ex-officio

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members of the board.

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     (d) The Rhode Island teacher of the year shall serve on the board for one year, beginning

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after their term as teacher of the year has expired. If the teacher of the year is unable or unwilling

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to serve, a former Rhode Island teacher of the year shall be selected to serve on the board by the

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commissioner of elementary and secondary education; provided that, the individual is still teaching

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in Rhode Island public schools. The individual in this seat on the board may receive a stipend for

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their service.

 

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     (d)(e) The governor shall select from the appointed members a chairperson and vice

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chairperson. A quorum shall consist of nine (9) members of the board. A majority vote of those

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present shall be required for action.

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     (e)(f) Except as provided by subsection (b) of this section, members of the board shall be

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removable by the governor for cause only. Removal solely for partisan or personal reasons

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unrelated to performance, capacity, or fitness for the office shall be unlawful.

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     (f)(g) The statutory responsibilities of the department of elementary and secondary

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

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postsecondary education shall remain unchanged.

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     (g)(h) The chair of the board of education shall consult with the chairs of the council on

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elementary and secondary education, the council on postsecondary education, the commissioner of

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elementary and secondary education, and the commissioner of postsecondary education in

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developing agendas, goals, policies, and strategic plans for the board.

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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 -- COUNCIL ON ELEMENTARY AND SECONDARY

EDUCATION

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     This act would add the Rhode Island teacher of the year as an additional ex officio member

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of the council on elementary and secondary education as well as the board of education. The act

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would also provide that where the current Rhode Island teacher of the year is unable or unwilling

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to serve on the board of education a former Rhode Island teacher of the year would be selected to

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serve on the board by the commissioner of elementary and secondary education, as long as the

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individual is still teaching in Rhode Island public schools.

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     This act would take effect upon passage.

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