Chapter
028
2006 -- H 6749 AS AMENDED
05/03/06
A N A C T
RELATING TO
SEPARATION OF POWERS -- EDUCATION
Introduced By: Representatives E Coderre, Crowley, Kilmartin, Davey, and Gallison
Date
Introduced: January 10, 2006
It is enacted
by the General Assembly as follows:
SECTION
1. Sections 16-59-1, 16-59-2 and 16-59-4 of the General Laws in Chapter 16-
59
entitled "Board of Governors for Higher Education" are hereby amended
to read as follows:
16-59-1.
Board of governors for higher education established. -- (a) There is
created a
board of
governors for higher education, sometimes referred to as the "board"
or the "board of
governors",
which shall be and is constituted a public corporation, empowered to sue and be
sued
in its
own name, to have a corporate seal, and to exercise all the powers, in addition
to those
specifically
enumerated in this chapter, usually appertaining to public corporations
entrusted with
control
of postsecondary educational institutions and functions. The board shall be
protected from
sudden
changes in membership and reversal of policy by having staggered terms for its
public
members.
Upon its organization the board of governors shall be invested with the legal
title (in
trust
for the state) to all property, real and personal, now owned by and/or under
the control or in
custody
of the board of regents for education for the use of the University of Rhode
Island, Rhode
Island
College, Community College of Rhode Island and the system of community colleges
of
Rhode
Island including all departments, divisions, and branches of these.
(b) The board of governors is empowered to hold and operate the property in
trust for the
state;
to acquire, hold, and dispose of the property and other like property as deemed
necessary
for the
execution of its corporate purposes. The board of governors is made successor
to all
powers,
rights, duties, and privileges formerly belonging to the board of regents for
education
pertaining
to postsecondary education.
(c) The board of governors shall consist of fifteen (15) thirteen
(13) members as follows:
twelve
(12) public members, appointed pursuant to the terms of section 16-59-2, one of
whom
shall be
a full time student in good standing at the University of Rhode Island, Rhode
Island
College
or the Community College of Rhode Island, and a member of the board of
regents for
elementary
and secondary education designated by the chairperson of this board, the
chairperson
of
the senate finance committee or his or her designee, and the chairperson of the
house finance
committee
or his or her designee designated
by the governor.
(d) The public members of the board of
governors shall not be compensated for their service
in attending
meetings or duly organized subcommittee meetings of the board.
(e) The legislative members shall receive no compensation for their services
but shall be
allowed
their travel and necessary expenses.
The governor shall designate one of the public
members
as chairperson of the board of governors. The board may elect from among its
members
such
other officers as it deems necessary. Seven (7) voting members of the board
shall constitute
a
quorum and a majority vote of those present and voting shall be required for
action.
16-59-2.
Appointment of members of the board of governors for higher education. --
(a) The
governor shall, with the advice and consent of the senate establish the
board by
appointing
ten (10) eleven (11) members to serve in staggered terms. The
appointments shall be
made for
terms of three (3) years commencing on February 1 in the year of the
appointment and
ending
on January 31 in the third (3rd) year thereafter, except in the case of the
student member
whose
appointment shall be for a period of two (2) years.
(b) At the expiration of their terms members shall remain and continue in their
official
capacity
until a new member is appointed and confirmed. Any vacancy among the public
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 members of the board, the governor
shall
seek
persons who best serve the entire needs of the state. Public members shall not
be appointed
for more
than three (3) successive three (3) year terms each; provided, however, that
this
limitation
shall not apply to that person designated as chairperson by the governor who
may be a
member
so long as he or she shall serve as chairperson. Student members shall be
appointed by
the
governor for a single two (2) year term and shall rotate among the three (3)
public institutions.
(c)
No person shall be eligible for appointment to the board after the effective
date of this
act
unless he or she is a resident of this state.
(d)
Members of the board shall be removable by the governor pursuant to the
provisions
of
section 36-1-7 of the general laws and for cause only, and removal solely for
partisan or
personal
reasons unrelated to capacity or fitness for the office shall be unlawful.
16-59-4.
Powers and duties of board. -- The board of governors for higher
education
shall
have, in addition to those enumerated in section 16-59-1, the following powers
and duties:
(1) To approve a systematic program of information gathering, processing, and
analysis
addressed
to every level, aspect, and form of higher education in this state especially
as that
information
relates to current and future educational needs so that current needs may be
met with
reasonable
promptness and plans formulated to meet future needs as they arise in the most
efficient
and economical manner possible.
(2) To approve a master plan defining broad goals and objectives for higher education
in
the
state including a comprehensive capital development program. These goals and
objectives
shall be
expressed in terms of what men and women should know and be able to do as a
result of
their
educational experience. The board of governors shall continuously evaluate the
efforts and
results
of education in the light of these objectives.
(3) To formulate broad policy to implement the goals and objectives established
and
adopted
by the board of governors, to adopt standards and require enforcement and to
exercise
general
supervision over all higher public education in the state and over independent
higher
education
in the state as provided in subdivision (8) of this section. The board of
governors shall
not engage
in the operation or administration of any subordinate committee, university,
junior
college,
or community college, except its own office of higher education and except as
specifically
authorized by an act of the general assembly; provided, the presidents of each
institution
of higher learning shall be the chief administrative and executive officers of
that
institution;
and provided that nothing contained in this section shall prohibit their direct
access to
or
interfere with the relationship between the presidents and the board of
governors. The adoption
and
submittal of the budget, the approval of tables of organization, the creation,
abolishment, and
consolidation
of departments, divisions, programs, and courses of study, and the acquisition,
holding,
disposition, and general management of property shall not be construed to come
within
the
purview of the preceding prohibition. The board shall communicate with and seek
the advice
of the
commissioner of higher education and all those concerned with and affected by
its
determinations
as a regular procedure in arriving at its conclusions and in setting its
policy.
(4) To prepare and maintain a five (5) year funding plan for higher education;
to prepare
with the
assistance of the commissioner of higher education and to present annually to
the state
budget
officer in accordance with section 35-3-4 a state higher educational budget,
which shall
include,
but not be limited to, the budget of the office of higher education and the
budget of the
state
colleges. In the preparation of the budget, the board shall determine
priorities of
expenditures
for public higher education purposes of state revenues and other public
resources
made
available for the support of higher public education. Nothing contained in this
subdivision
shall
authorize the board to alter the allocation of grants or aid otherwise provided
by law.
(5) To maintain an office of higher education; to provide for its staffing and
organization;
and to appoint a commissioner of higher education pursuant to section 16-59-6,
who
shall
serve at its pleasure. The commissioner of higher education and the office of
higher
education
shall have the duties and responsibilities as defined in sections 16-59-6 and
16-59-7.
(6) To appoint and dismiss presidents of the public institutions of higher
learning with
the
assistance of the commissioner of higher education, and to establish procedures
for this, and
with the
assistance of the commissioner to approve or disapprove vice presidents of the
public
institutions
of higher learning appointed by the respective presidents of the public
institutions of
higher
learning.
(7) To establish other educational agencies or subcommittees necessary or
desirable for
the conduct
of any or all aspects of higher education and to determine all powers,
functions, and
composition
of any agencies or subcommittees and to dissolve them when their purpose shall
have
been fulfilled.
(8) To exercise the authority vested in the board of regents for education with
relation to
independent
higher educational institutions within the state under the terms of chapter 40
of this
title,
and other laws affecting independent higher education in the state.
(9) To enforce the provisions of all laws relating to higher education, public
and
independent.
(10) To be responsible for all the functions, powers, and duties which were
vested in the
board of
regents for education relating to higher education, including but not limited
to the
following
specific functions:
(i) To approve the tables of organization at public institutions of higher
learning with the
assistance
of the commissioner of higher education.
(ii) To adopt and require standard accounting procedures for the office of
higher
education
and all public colleges and universities.
(iii) To create, abolish, and consolidate departments, divisions, programs, and
courses of
study
within the public colleges and universities with the assistance of the commissioner
of
higher
education after consultation with the presidents.
(iv) To establish a clear and definitive mission for each public institution of
higher
learning
with the assistance of the commissioner of higher education.
(v) To promote maximum efficiency, economy, and cooperation in the delivery of
public
higher
educational services in the state and cooperation with independent institutions
of higher
education.
(11) To incorporate into its own affirmative action reporting process periodic
reports
monitoring
specific faculty and staff searches by the chairperson of the search committee
to
include
the rationale for granting those interviews and the final hiring results. The
institutions
must empower
its affirmative action officer to monitor searches in this manner, to intervene
during
the search, and, when necessary, to cause a search to cease if affirmative
action goals are
not
being adequately served.
(12) To incorporate a specific category for accountability on affirmative
action goals and
implementation
as part of the board's annual evaluations and three (3) year reviews for the
presidents
of each of the public institutions of higher education.
(13) To make a formal request of the governor that whenever an opportunity
arises to
make new
appointments to the board, that the governor make every effort to increase the
number
of
African Americans, Native Americans, Asians, and Hispanics on the board.
(14)
Within ninety (90) days after the end of each fiscal year, the board shall
submit an
annual
report to the governor, the speaker of the house of representatives, and the
president of the
senate
of its activities during that fiscal year. The report shall provide: an operating
statement
summarizing
meetings or hearings held, subjects addressed, decisions rendered, rules or
regulations
promulgated, studies conducted, policies and plans developed, approved, or
modified,
and
programs administered or initiated; a consolidated financial statement of all
funds received
and
expended including the source of the funds, a listing of any staff supported by
these funds,
and a
summary of any clerical, administrative or technical support received; a
summary of
performance
during the previous fiscal year including accomplishments, shortcomings and
remedies;
a synopsis of hearings, complaints, suspensions, or other legal matters related
to the
authority
of the board; a briefing on anticipated activities in the upcoming fiscal year;
and
findings
and recommendations for improvements. The director of the department of
administration
shall be responsible for the enforcement of the provisions of this subsection.
(15)
The board shall conduct a training course for newly appointed and qualified
members
within six (6) months of their qualification. The course shall be developed by
the
chairperson
of the board, approved by the board, and conducted by the chairperson of the
board.
The board
may approve the use of any board or staff members or other individuals to
assist with
training.
The training course shall include instruction in the following areas: the
provisions of
chapters
42-46, 36-14, and 38-2; and the board's own rules. The director of the
department of
administration
shall, within ninety (90) days of the effective date of this act, prepare and
disseminate
training materials relating to the provisions of chapters 42-46, 36-14, and
38-2.
SECTION
2. Sections 16-60-1, 16-60-2 and 16-60-4 of the General Laws in Chapter 16-
60
entitled "Board of Regents for Elementary and Secondary Education"
are hereby amended to
read as
follows:
16-60-1.
Board established. -- (a) There is created a board of regents for
elementary and
secondary
education sometimes referred to as the "regents" or the "board
of regents," which shall
be and
is constituted a public corporation, empowered to sue and be sued in its own
name, to have
a
corporate seal, and to exercise all the powers, in addition to those
specifically enumerated in
this
chapter, usually appertaining to public corporations entrusted with control of
elementary and
secondary
education institutions and functions. The regents shall be protected from sudden
changes
in membership and reversal of policy by having staggered terms for its public
members.
(b) Upon its organization the board of regents shall be invested with the legal
title (in
trust
for the state) to all property, real and personal, now owned by and/or under
the control or in
the
custody of the board of regents for education for the use of the department of
elementary and
secondary
education. The board of regents is made successor to all powers, rights,
duties, and
privileges
pertaining to elementary and secondary education.
(c) The board of regents for elementary and secondary education shall consist
of eleven
(11) nine (9)
members as follows: Eight (8) public members appointed pursuant to the terms of
section 16-60-2, and
a member of the board of governors for higher education designated by
the chairperson of
this board, the chairperson of the senate finance committee or his or her
designee and the
chairperson of the house finance committee or his or her designee designated
by the governor. Five
(5) voting members of the board shall constitute a quorum and the vote of
a majority vote of those present and voting shall be required for action.
The
public members of the board of regents shall not be compensated for service in attending
meetings
or duly organized subcommittee meetings of the board at which business is
transacted.
(d) The legislative members shall receive no compensation for their services
but shall be
allowed
their travel and necessary expenses.
The governor shall designate one of the public
members
as chairperson of the board of regents. The board may elect from among its
members
such
other officers as it deems necessary.
16-60-2.
Appointment of board members. – (a) The governor shall with the advice
and
consent
of the senate establish the board by appointing eight (8) members to serve
staggered
terms.
The appointments shall be made for terms of three (3) years commencing on
February 1 in
the year
of appointment and ending on January 31 in the third (3rd) year after this,
except, at the
expiration
of their terms members shall remain and continue in their official capacity
until a new
member
is appointed and confirmed. Any vacancy among the public 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 members of the board the governor shall seek persons who best
serve the
entire
needs of the state. Public members shall not be appointed for more than three
(3)
successive
three (3) year terms each; provided, that this limitation shall not apply to
that person
designated
as chairperson by the governor who may be a member so long as he or she shall
serve
as
chairperson.
(b)
No person shall be eligible for appointment to the board after the effective
date of this
act
unless he or she is a resident of this state.
(c)
Members of the board shall be removable by the governor pursuant to the
provisions
of
section 36-1-7 of the general laws and for cause only, and removal solely for
partisan or
personal
reasons unrelated to capacity or fitness for the office shall be unlawful.
16-60-4.
Board of regents for elementary and secondary education -- Powers and
duties.
-- The board of regents for
elementary and secondary education shall have in addition to
those
enumerated in section 16-60-1, the following powers and duties:
(1) To approve a systematic program of information gathering, processing, and
analysis
addressed
to every aspect of elementary and secondary education in this state especially
as that
information
relates to current and future educational needs so that current needs may be
met with
reasonable
promptness and plans formulated to meet future needs as they arise in the most
efficient
and economical manner possible.
(2) To approve a master plan defining broad goals and objectives for elementary
and
secondary
education in the state. These goals and objectives shall be expressed in terms
of what
men and
women should know and be able to do as a result of their educational
experience. The
regents
shall continually evaluate the efforts and results of education in the light of
these
objectives.
(3) To formulate broad policy to implement the goals and objectives established
and
adopted
by the board of regents; to adopt standards and require enforcement and to
exercise
general
supervision over all elementary and secondary public and nonpublic education in
the state
as
provided in subdivision (8) of this section. The board of regents shall not
engage in the
operation
or administration of any subordinate committee, local school district, school,
school
service,
or school program, except its own department of elementary and secondary
education,
and
except as specifically authorized by an act of the general assembly. The
adoption and
submittal
of the budget and the allocation of appropriations, the acquisition, holding,
disposition,
and general
management of property shall not be construed to come within the purview of the
preceding
prohibition. The regents shall communicate with and seek the advice of the
commissioner
of elementary and secondary education and all those concerned with and affected
by its
determinations as a regular procedure in arriving at its conclusions and in
setting its policy.
(4) To allocate and coordinate the various educational functions among the
educational
agencies
of the state and local school districts and to promote cooperation among them
so that
maximum
efficiency and economy shall be achieved.
(5) (i) To prepare with the assistance of the commissioner of elementary and
secondary
education
and to present annually to the state budget officer, in accordance with section
35-3-4, a
total
educational budget for the elementary and secondary sector which shall include,
but not be
limited
to, the budgets of the department of elementary and secondary education,
subordinate
boards
and agencies, and state aid to local school districts.
(ii) In the preparation of the budget, the regents shall determine priorities
of expenditures
for
elementary and secondary education purposes of state revenues and other public
resources
made
available for the support of public elementary and secondary education among
the various
education
agencies of the state. Nothing contained in this section shall authorize any
individual or
group of
individuals to reallocate resources in a manner other than that prescribed in
the budget as
appropriations
by the general assembly.
(6) To maintain a department of elementary and secondary education, to provide
for its
staffing
and organization and to appoint a commissioner of elementary and secondary
education
pursuant
to section 16-60-6 who shall serve at its pleasure. The commissioner of
elementary and
secondary
education and the department of elementary and secondary education shall have
any
duties
and responsibilities as defined in sections 16-60-6 and 16-60-7.
(7) To establish other educational agencies or subcommittees necessary or
desirable for
the
conduct of any or all aspects of elementary and secondary education and to
determine all
powers,
functions, and composition of any agencies or subcommittees and to dissolve
them when
their
purpose shall have been fulfilled; provided that nothing contained in this
subdivision shall
be
construed to grant the regents the power to establish subcommittees or agencies
performing the
duties
and functions of local school committees except as provided in section 16-1-10.
(8) To exercise the authority previously vested in the board of regents for
education with
relation
to secondary nonpublic educational institutions within the state under the
terms of
chapter
40 of this title and other laws affecting nonpublic education in the state, and
to cause the
department
of elementary and secondary education to administer the provisions of that
section.
(9) To exercise all the functions, powers and duties which previously were
vested in the
board of
regents for education, under the provisions of former section 16-49-4(9),
including but
not
limited to the following specific functions:
(i) To approve the basic subjects and courses of study to be taught and
instructional
standards
required to be maintained in the public elementary and secondary schools of the
state.
(ii) To adopt standards and qualifications for the certification of teachers
and to provide
for the
issuance of certificates, and to establish fees for the certification of
teachers. The fees
collected
for the certification of teachers along with various education licensing and
testing fees
shall be
deposited by the board of regents as general revenues. The funds appropriated
by the
general
assembly shall be utilized by the department of elementary and secondary
education to
establish
and support programs which enhance the quality and diversity of the teaching
profession.
The commissioner of elementary and secondary education shall regularly make
recommendations
to the board about specific programs and projects to be supported by those
funds.
The commissioner shall oversee the funds, assess the effectiveness of its
programs and
projects,
and make recommendations about the general use and operation of the funds to
the
board.
(iii) To be responsible for the distribution of state school funds.
(iv) To determine the necessity of school construction and to approve standards
for
design
and construction of school buildings throughout the state.
(v) To set standards for school libraries and school library services.
(vi) To make recommendations relative to transportation of pupils to school,
school bus
routes,
time schedules, and other matters relating to pupil transportation.
(vii) To enforce the provisions of all laws relating to elementary and
secondary
education.
(viii) To decide and determine appeals from decisions of the commissioner.
(ix) To prescribe forms for the use of local school committees and local
officers when
reporting
to the department of elementary and secondary education.
(x) To adopt and require standard accounting procedures for local school
districts, except
as
provided for in subdivision (3) of section 16-24-2.
(xi) To adopt and require standard uniform operating and capital budgeting
procedures
for
local school districts.
(10) To establish rules for the approval and accrediting of elementary and
secondary
schools.
(11) To recommend to the general assembly changes in the size and number of the
school
districts within the state; and to make any further and other recommendations
to the
general
assembly as the board of regents may determine to be necessary or desirable,
including,
but not
limited to, proposals for incentives for the coordination of services and
facilities of certain
school
districts and the feasibility of granting taxing authority to local school
committees upon
their
request, and the impact upon the quality of education within that particular
community by
granting
the request. In carrying out this duty, the board of regents shall periodically
issue reports
in
school district organizations for selected regions and school districts.
(12) To exercise all other powers with relation to the field of elementary and
secondary
education
within this state not specifically granted to any other department, board, or
agency, and
not
incompatible with law, which the board of regents for elementary and secondary
education
may deem
advisable.
(13) To exercise the authority previously vested in the board of regents for
education
with
relation to adult education as defined in section 16-58-2 and to establish
definitive goals for
and
operate a comprehensive delivery system for adult education programs and
services,
including
the counseling and testing of persons interested in obtaining high school
equivalency
diplomas,
the issuance of diplomas, and the maintenance of a permanent record of
applications,
tests,
and equivalency diplomas.
(14) To promote maximum efficiency and economy in the delivery of elementary
and
secondary
educational services in the state.
(15) To approve a training program for school committee members to enhance
their
individual
skills and their effectiveness as a corporate body. The training program should
include,
but not
be limited to, the following roles and responsibilities of school committees:
strategic
planning,
human and community relations, and school finance and budgeting.
(16) Submit to the governor and general assembly an annual progress report
on the
condition
of elementary and secondary education. Within ninety (90) days after the end of each
fiscal
year, the board shall submit an annual report to the governor, the speaker of
the house of
representatives,
and the president of the senate of its activities during that fiscal year. The
report
shall
provide: an operating statement summarizing meetings or hearings held, subjects
addressed,
decisions
rendered, rules or regulations promulgated, studies conducted, policies and
plans
developed,
approved, or modified, and programs administered or initiated; a consolidated
financial
statement of all funds received and expended including the source of the funds,
a listing
of
any staff supported by these funds, and a summary of any clerical,
administrative or technical
support
received; a summary of performance during the previous fiscal year including
accomplishments,
shortcomings and remedies; a synopsis of hearings, complaints, suspensions, or
other
legal matters related to the authority of the board; a briefing on anticipated
activities in the
upcoming
fiscal year; and findings and recommendations for improvements. The director of
the
department
of administration shall be responsible for the enforcement of the provisions of
this
subsection.
(17) To prepare with the assistance of the commissioner a multi-year plan of
priority
educational
goals and objectives. This plan should recommend policy objectives,
implementation
strategies,
and a timetable for major policy initiatives.
(18) Each year the governor shall by writing notify the board of regents for
elementary
and
secondary education concerning broad economic, cultural, and social needs that
the education
system
needs to consider which the board shall address in developing educational plans
and
programs.
(19) Appoint a standing committee that will develop a schedule to
systematically review
all
board policies over a three (3) year period.
(20) To prepare with the assistance of the commissioner a statement of
regulatory policy.
This
policy should set forth the goals and objectives of state regulations which are
expressed in
terms of
what educational inputs and outputs the board expects regulations to address.
(21) (i) To prepare with the assistance of the commissioner of elementary and
secondary
education
and to present annually to the general assembly by January 1 a report on school
discipline
in Rhode Island schools. This report shall include:
(A) Expulsions by district, including duration and the reason for each action.
(B) Suspensions by district, including duration and the reason for each action.
(C) Placements to alternative programs for disciplinary reasons.
(D) Assaults of teachers, students, and school staff by students.
(E) Incidents involving possession of weapons on school property. For the
purpose of
this
section, a weapon shall be considered any of those weapons described in
sections 11-47-2
and
11-47-42.
(F) Incidents of the sale of controlled substances by students.
(G) Incidents of the possession with the intent to sell controlled substances
by students.
(H) Additional demographic information including, but not limited to, the
ethnic and
racial
classifications, age, and gender, as prescribed by the commissioner, of each of
the students
involved
in the incidents, events or actions described in subparagraphs (A) through (G)
of this
subdivision.
(I) A description of the education program provided to each student suspended
for over
ten (10)
consecutive school days in a school year.
(ii) All school superintendents shall supply the necessary information on forms
established
by the commissioner of elementary and secondary education to the board of
regents to
assist
in the preparation of the board of regents' report on school discipline.
(22) To prepare and promulgate a uniform statewide school reporting system
which
would
provide information including, but not limited to, the following:
(i) Student and teacher attendance rates;
(ii) Standardized test scores;
(iii) Demographic profiles;
(iv) Results of polls of students, parents, and teachers;
(v) Descriptions of goals, initiatives, and achievements;
(vi) Best teaching practices;
(vii) Alternative student assessments;
(viii) Special programs;
(ix) Number of student suspensions and teacher grievances and the amount of
parental
involvement.
(23)
The board shall conduct a training course for newly appointed and qualified
members
within six (6) months of their qualification. The course shall be developed by
the
chairperson
of the board, approved by the board, and conducted by the chairperson of the
board.
The
board may approve the use of any board or staff members or other individuals to
assist with
training.
The training course shall include instruction in the following areas: the
provisions of
chapters
42-46, 36-14, and 38-2; and the board's own rules. The director of the
department of
administration
shall, within ninety (90) days of the effective date of this act, prepare and
disseminate
training materials relating to the provisions of chapters 42-46, 36-14, and
38-2.
SECTION
3. This act shall take effect upon passage.
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LC00333
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