Chapter 549

2006 -- H 7066

Enacted 07/10/06

A N A C T

RELATING TO EDUCATION

Introduced By: Representatives Naughton, Crowley, Kennedy, E Coderre, and Slater

Date Introduced: February 02, 2006

It is enacted by the General Assembly as follows:

     SECTION 1. Title 16 of the General Laws entitled "Education" is hereby amended by

adding thereto the following chapter:

CHAPTER 26.1

RHODE ISLAND VISION EDUCATION AND SERVICES PROGRAM

16-26.1-1. Name of program. -- The name of the Rhode Island program for blind and

visually impaired children shall be known as the "Rhode Island Vision Education and Services

Program". Where the words "Rhode Island Blind and Visually Impaired Children" occur in any

general law, public law, or resolution of the general assembly, or are used in any document,

record, instrument, or proceeding authorized by any law or resolution relating to the Rhode Island

Blind and Visually Impaired Children, these words shall be construed to mean the Rhode Island

vision education and services program.

16-26.1-2. Advisory board. – (a) The powers delegated and authorized in this chapter for

the board of regents for elementary and secondary education and the department of elementary

and secondary education shall be in addition to those previously authorized by any other general

or public law.

(b) The governance, funding, and programming of the Rhode Island Vision Education

and Services Program (hereinafter referred to as RIVESP) shall be in accordance with the rules

and regulations formulated by the board of regents for elementary and secondary education

pursuant to chapter 35 of title 42.

(c) The board of regents for elementary and secondary education shall appoint the

members of the advisory board from nominations made by the commissioner of elementary and

secondary education. The chairperson shall also be selected in this manner. The board of regents

for elementary and secondary education shall determine the qualifications and terms of office of

members of the board of trustees. The advisory board shall be comprised of eleven (11)

individuals, not less than six (6) of whom shall be persons or parents of persons who are blind

and visually impaired. The commissioner may seek input on nominations of persons or parents,

guardians of persons who are blind and visually impaired from organizations whose membership

is primarily made up of parents of blind and visually impaired individuals, individuals who are

blind and visually impaired, or organizations whose purpose is advocacy for individuals who are

blind and visually impaired, as well as from other sources. For purposes of obtaining input from

diverse sources regarding suggestions for nominations for the first advisory board to be

nominated by the commissioner, the commissioner shall convene a public forum to obtain broad

input prior to making the initial nominations for the founding membership on the advisory board.

No person in any way employed by or doing business for monetary gain with the RIVESP shall

be eligible for appointment to the board. The departments of education, health, human services,

and the RIVESP shall serve ex-officio and be nonvoting members.

(d) The board of regents shall establish strategic directions for the education of blind and

visually impaired children in the state of Rhode Island.

(e) The board of regents shall provide parameters for budget requests, recommend a

budget, and participate in budget development.

(f) The commissioner of elementary and secondary education shall recommend

parameters for the overall budget requests, recommend a budget, and participate in budget

development.

(g) The advisory board shall meet not less than quarterly and serve without

compensation. Five (5) members of the advisory board shall be required for quorums. They shall

keep records of their meetings and report annually on the educational progress of the Rhode

Island vision and educational services program to the commissioner, board of regents and the

general assembly, and state library.

(h) The advisory board shall recommend to the RIVESP:

(1) The needs of the blind and visually impaired children in the state of Rhode Island;

(2) The educational and service policies required to meet the needs of blind and visually

impaired children served by the RIVESP;

(3) Policy guidance and suggestions for budget development;

(4) Methods which ensure that all students are taught by educators of the highest possible

quality;

(5) Appropriate committees and/or workgroups as needed, to provide guidance and

feedback on the goals and outcomes of the RIVESP;

(6) Make themselves available to the board of regents, departments of education, health,

human services and to the RIVESP in order to provide a link between these agencies. The

advisory board shall utilize as a guiding document to advise policy, and annually update, the

"Special House Commission to Promote and Develop a Comprehensive System of Education for

Visually Impaired Children, The Final Report, November 2005"; and

(7) The educational policies to meet the needs of the blind and visually impaired children

and to advise on implementation of policies established by the board of regents, and the RIVESP.

16-26.1-3. Annual report to general assembly. – The board of regents for elementary

and secondary education shall annually, on or before January 31st, make a report to the general

assembly of the state and condition of the Rhode Island vision education and services program

and a statement of all expenses incurred for salaries, maintenance, tuition, and other items of

current expense, together with an estimate of the amount of money necessary to meet the current

expense of the next year.

16-26.1-4. Regional vision and education and services programs. – (a) Any city and

town local educational authority may contract with RIVESP to establish and operate programs for

the blind and visually impaired.

(b) When these programs are operated by the RIVESP, each participating city or town

shall be assessed for the cost of the program. The assessments shall be deposited in a restricted

receipt account for the purpose of funding expenditures necessary to operate the regional

program.

16-26.1-5. Control by board of regents for elementary and secondary education. –

The state board of regents for elementary and secondary education shall have supervision,

administration, and control of RIVESP.

     SECTION 2. This act shall take effect upon passage.

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LC01353

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