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:

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

Elementary and Secondary Education [See Title 16 Chapter 97 — The Rhode Island Board of

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

     16-60-2. Appointment of board members.

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

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

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

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

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

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

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

(8) council members.

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

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

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

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

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

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

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

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

public secondary school in the state of Rhode Island.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

terms.

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

matters as it deems appropriate.

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

shall adopt a set of bylaws.

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

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

meetings.

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

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

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

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

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

council.

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

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

     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

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

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

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

systems.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

compensated for their service in attending board or council meetings.

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

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

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

members of the board.

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

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

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

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

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

their service.

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

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

present shall be required for action.

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

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

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

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

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

postsecondary education shall remain unchanged.

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

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

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

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

     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

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

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

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

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

individual is still teaching in Rhode Island public schools.

     This act would take effect upon passage.

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