Chapter 108

2010 -- S 2266

Enacted 06/22/10

 

A N A C T

RELATING TO EDUCATION -- COOPERATIVE SERVICE AMONG SCHOOL DISTRICTS

          

     Introduced By: Senators Felag, and DiPalma

     Date Introduced: February 11, 2010

 

It is enacted by the General Assembly as follows:

 

     SECTION 1. Chapter 16-3.1 of the General Laws entitled "Cooperative Service Among

School Districts" is hereby amended by adding thereto the following sections:

 

     16-3.1-14. Short title. This chapter shall be known and may be cited as the

"Cooperative Service Among School Districts Act of 2010."

 

     16-3.1-15. Declaration of purpose. (a) A collaborative approach to the dual mission of

educational effectiveness and business efficiency is the purpose of this educational collaborative

act. The goal is to maximize both educational effectiveness and business services which will lead

to cost savings. The educational collaborative system will allow school districts to more

appropriately concentrate on educating at the most local level, which should be their prime

mission. This system can be defined as including not only the regional educational collaboratives

and their boards, local district school committees and district superintendents, operating as

private, nonprofit educational service agencies, but also the board of regents and the

commissioner of the Rhode Island department of elementary and secondary education.

     (b) As used herein, the terms "collaborative," "educational collaborative," "regional

collaborative," and combinations thereof, shall be deemed to refer to the collaboratives

established pursuant to this chapter, and recognized as 501(c)3 nonprofit corporations

incorporated pursuant to the Rhode Island Nonprofit Corporation Act, Rhode Island general laws

section 7-6-1, et seq. Nothing in this legislation is intended to erode the legal status of the

regional collaboratives as 501(c)3's and their boards of directors must be cognizant to their legal

and fiduciary responsibilities to these enterprises.

     (c) The purpose of this act is also to bring the efforts of the members of the educational

collaborative system, listed in subsection (a) above, into appropriate and productive dialogue and

relationship with one another, in order to bring about the business efficiencies and quality

instructional practice the legislature desires.

 

     16-3.1-16. Financial incentives. – The board of regents for elementary and secondary

education may provide for special grants that it may deem necessary to stimulate and encourage

the development of cooperative service agreements that would be administered by the area

educational collaborative. The regents may also establish an ongoing level of subsidy that it

deems appropriate to continue the operation of any cooperative service area.

 

     16-3.1-17. Rules and regulations. (a) The board of regents for elementary and

secondary education shall adopt rules and regulations regarding all aspects of the educational

collaboratives mission and goals.

     (b) Instructional education programs and/or administrative and/or best business practice

plans will be submitted to, and approved by, the commissioner of elementary and secondary

education.

     (c) Each educational collaborative will submit a plan to the board of regents for approval

by the commissioner of elementary and secondary education, that will increase efficiencies and

economies of scale in providing instructional services. The plan will incorporate best practices

from business, reflect a regional approach and accompanying volume increase, and shall include,

but not be limited to, measures concerning:

     (1) Teacher training programs and staff development;

     (2) Special education programs and diagnostic services required by law or regulation and

related functions;

     (3) Programs for the gifted and talented;

     (4) Programs for students who are at risk of suspension or expulsion;

     (5) Development of shared instructional services;

     (6) Act as regional or statewide administrative unit, or enabling unit, or as a participant of

a joint purchasing agreement or agreements established pursuant to section 16-2-9.2, for such

functions as transportation, cooperative purchasing of food, and other noninstructional support

services, such as the purchasing of oil, gas, electricity, health care contracts, supplies, payroll and

other business operations, as may be appropriate;

     (7) Any other consolidation of services and purchasing that achieves efficiencies and cost

savings.

     (d) An educational collaborative may contract with a school district that is not a

participating member, or another educational collaborative. Districts may contract any of their

functions, individually and collectively, in whole or in part, to a regional collaborative when such

contracting will increase efficiencies and economies of scale in providing instructional and

business services.

     (e) The board of regents should consider the progress made or planned as reported and

provide for special grants to stimulate the formation of cooperative service arrangements, or a

level of subsidy appropriate to launch or continue the operation of any cooperative service area.

 

     16-3.1-18. Board of directors. Each educational collaborative's board of directors will

set policies and programs consistent with the aims and intents of this legislation for approval by

the department of education and developed in conjunction with educational collaborative staff.

Each participating school committee will appoint one member to the respective governing board.

The board of directors will include an odd number of members. In the case of educational

collaboratives with an even number of participating school districts, regional school districts may

appoint two (2) members. School committees can appoint anyone they choose to the board of

directors from their membership.

 

     16-3.1-19. Collective bargaining agreements unaffected. Nothing in this chapter

shall allow any school district to abrogate any agreement reached by collective bargaining.

 

     16-3.1-20. Building ownership. Nothing in this chapter shall limit any of the five (5)

educational collaboratives from purchasing, leasing, taking by gift, or otherwise acquiring, own,

hold, mortgage, finance, improve, and use real estate for purposes of furthering their mission and

goals to meet their administrative and operational needs. An affirmative majority of the

educational collaborative's board of directors will be needed to purchase, lease, mortgage or

finance real estate. Such real estate may be exempt from local property taxes as described in

Rhode Island general laws section 44-3-3.

 

     SECTION 2. This act shall take effect on December 31, 2010.

     

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LC01368

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