2014 – H 8204 SUBSTITUTE A AS AMENDED
Enacted 07/04/14
A N A C T
Introduced By: Representatives McNamara, Mattiello, DeSimone, MacBeth, and Serpa
Date Introduced: May 15, 2014
It is enacted by the General Assembly as follows:
SECTION 1. Sections 16-45.1-1 and 16-45.1-2 of the General Laws in Chapter 16-45.1 entitled "Career and Technical Education" are hereby amended to read as follows:
16-45.1-1. Findings. -- The general assembly finds and declares as follows:
(1) The Rhode Island economy will benefit from a highly skilled workforce;
(2) Career and technical education must be informed by the needs of local businesses industries and employers, in creating, growing, and locating employment opportunities for job seekers with the requisite knowledge, skills, and abilities desired by employers;
(3) Career and technical education should provide an integrated career pathway system to respond to the needs of businesses, small and large, as well as innovative and emerging industries; and
(4) Based upon the current and future demands for a highly skilled workforce, career and technical education should provide a foundation for students to succeed in career and/or higher education opportunities.
(5) There is a need to establish a coordinated and comprehensive system of career and technical education for students within the state with a focus on coordination, efficiencies, quality of program offerings, and outcomes throughout the state.
(6) There is a need to establish a robust, student-based system of career and technical education that provides a blend of rigorous academics and the skills, training, and credentials necessary for workplace success. Therefore, effective January 30, 2015, there is hereby established a Rhode Island career and technical board of trustees to be known as the Rhode Island board of trustees on career and technical education. Effective January 15, 2015, there is hereby created a not-for-profit organization known as the CTE trust.
16-45.1-2. Career and technical education system. --
(a) The board of regents of education
shall establish and maintain a system of career and technical education that
maintains ongoing connections with higher education and meets the needs of
local business and industry, and promotes workforce development.
(b) The board of education shall also create, subject to §§ 16-45.1-1 and 16-45.1-2(a), a career and technical board of trustees that shall be responsible for ensuring a comprehensive and coordinated career and technical system with the state of Rhode Island.
SECTION 2. Sections 16-53-1, 16-53-2, 16-53-4, 16-53-5 and 16-53-6 of the General Laws in Chapter 16-53 entitled "Rhode Island State Advisory Council for Technical Vocational Education" are hereby amended to read as follows:
16-53-1. Council established. Board established. -- (a) There Effective January 30, 2015, there is hereby established a permanent
committee to be known as the Rhode Island state advisory council on vocational
education, hereinafter referred to as the council. Rhode Island board of trustees on career and technical
education hereinafter referred to as the "board of trustees."
(b) Effective January 30, 2015, all powers, rights, obligations, and duties of the Rhode Island state advisory council on vocational education shall be transferred to the Rhode Island board of trustees on career and technical education.
16-53-2. Composition of council. - Composition of board of trustees.
-- (a) The council board of trustees shall be composed of thirteen (13) fifteen
(15) members appointed by the governor in staggered terms; all the
members shall serve until their successors are appointed and qualified., except as otherwise
provided for in subsection (b) of this section. In the month of
March, the governor shall appoint
members to succeed the members whose term will then next expire for a term of
three (3) years commencing on the first day of July then next following and
until the successor is named and qualified. A member shall be eligible to
succeed himself or herself. A vacancy other than by expiration shall be filled
in the same manner as an original appointment but only for the unexpired
portion of the term.
(b) The membership
of the council shall consist of: fifteen
(15) members of the board of trustees shall be limited to nine (9) consecutive
years of service and shall consist of:
(1) Seven
(7) Nine (9) individuals who
are representative of the private employment
sector in the following manner: state who shall constitute a majority of the membership:
(i) Five (5) of whom shall be representative of business, industry, and agriculture including:
(A) One
member who is representative of small business concerns; and
(B) One
member who is a private sector member of the state job training coordinating
council (established pursuant to section 122 of the Job Training Partnership
Act, 29 U.S.C section 1532); and
(ii) Two (2)
of whom shall be representatives of labor organizations;
(A) Two (2) members who are representatives of general business concerns;
(B) One member who is a representative of small business concerns;
(C) One member who is a private sector member of the governor's workforce board, or the Rhode Island workforce investment board or state job training coordinating council (established pursuant to section 122 of the Job Training Partnership Act, 29 U.S.C. 1532); and
(D) One member who is a representative of the CTE trust established pursuant to this chapter;
(ii) Two (2) members who are representatives of labor organizations, one of whom must be a career and technical teacher; and
(iii) Two (2) members from trade associations representing employers in the state.
(2) Six (6)
Five (5) individuals who are
representative of secondary and postsecondary vocational
educational institutions including: (equitably
distributed among those institutions), career guidance and counseling
organizations within the state, individuals who have special knowledge and
qualifications with respect to the special educational and career development
needs of special populations (including women, the disadvantaged, individuals
with disabilities, individuals with limited English proficiency, and
minorities) and of whom one member shall be representative of special
education.
(i) One member who is a representative of the Rhode Island association of school superintendents;
(ii) One member who is a representative or the director of career and technical education programs and/or facilities;
(iii) The commissioner of elementary and secondary education, or his/her designee:
(iv) The commissioner of higher education, or his/her designee: and
(v) One member who is a representative of adult education and skills training.
(3) The secretary of commerce or his/her designee shall be the fifteenth (15th) member ex officio.
(c) In selecting individuals to serve
on the state council, board, due consideration shall be given to the
appointment of individuals who serve on a private industry council under the
Job Training Partnership Act (established pursuant to 29 U.S.C. section 1512),
or on state councils established under
other related federal acts.
(d) Members of the council board of
trustees may not represent more than one of the above specified
categories;,
and there shall be appropriate representation of both sexes, racial, and ethnic
minorities, and the various geographic regions of the state.
(e) The state shall certify the
establishment and membership of the state council
board of trustees at least ninety (90)
days prior to the beginning of each planning period described in section
113(a)(1) of United States Public Law 98-524, 20 U.S.C. section 2323(a)(1).
16-53-4. Qualifications of members. -- Each
appointed member of the council, board of trustees, before entering upon his or
her duties, shall take an oath to administer the duties of his or her office
faithfully and impartially, and the oath shall be filed in the office of the
secretary of state.
16-53-5. Officers of the council. –Officers of the board of trustees.
-- The officers of the council
board of trustees shall be a chairperson, appointed by the
governor, who shall be a representative of the private sector and
vice chairperson elected from the membership. Officers shall be elected
annually by a majority vote of the council
board of trustees members; a majority of
the appointed members shall constitute a quorum.
Upon allocation of designated state funding for the purpose of supporting the
board of trustees' duties and activities;, the council
board of trustees is authorized to
obtain, or to contract for, any services that may be necessary to enable it
to carry out its duties. A majority vote of those present shall be required for
action.
16-53-6. Expenses of members. -- The members of
the council board
of trustees shall serve without compensation, but shall be reimbursed for their expenses necessarily
incurred in the performance of their duties in accordance with state law,
regulations, and practices.
SECTION 3. Section 16-53-3 of the General Laws in Chapter 16-53 entitled "Rhode Island State Advisory Council for Technical Vocational Education" is hereby amended to read as follows:
16-53-3. Functions and responsibilities.-- Duties and responsibilities. --
(a) The council
board of trustees shall:
(1) Meet
with the board of regents for elementary and secondary education or its
representatives during the planning year to advise on the development of the
state plan; Advise the commissioner of
elementary and secondary education and the board of education on the
development of a biannual state plan for career and technical education;
(2) Advise the board of regents commissioner
of elementary and secondary education so that he/she may and make reports to the governor, the business
community, and general public of the state, concerning:
(i) Policies the state should pursue
to strengthen vocational career and technical education; (with particular
attention to programs for individuals with disabilities); and
(ii) Initiatives and methods the
private sector could undertake to assist in the modernization of vocational career and
technical education programs;
(3) Analyze
and report on the (iii) The
distribution of spending for vocational career and technical education in the state and
on the availability of vocational career and technical education activities and
services within the state; and
(iv) The integration and coordination of the various policies and procedures involving career and technical education.
(4)
(3) Furnish consultation to the commissioner of elementary and secondary education and the
board of education of regents on the establishment
of evaluation criteria and processes
for vocational career and technical education programs within the state; as they pertain to:
(i) The establishment, continuation, and discontinuation of career preparation programs;
(ii) Incentives that promote and reward program excellence on the basis of performance;
(iii) Incentives that emphasize the needs of business and labor organizations;
(iv) Instructor preparation and qualifications in the areas of industry credentialing, development opportunities, and relevant field-based experiences;
(v) The integration of academic and technical instruction and skill attainment in career preparation programs; and
(vi) The management and distribution of state funding allocated for the express purpose of establishing or improving career preparation program model sites.
(5) Submit
recommendations to the board of regents on the conduct of vocational education
programs conducted in the state which emphasize the use of business concerns
and labor organizations;
(6)
(4) Assess
Provide advice and consent on the policy principles
and goals that govern the distribution of financial assistance
furnished under this chapter, particularly with the analysis of the
distribution of financial assistance between secondary vocational career and
technical education programs and postsecondary vocational career and technical
education programs;
(5) Report annually to the board of education on topics that include:
(7)
Recommend (i) Recommended
procedures to the board of regents ensure and enhance the participation of
the public in the provision of vocational
career and technical education at the
local level within the state, particularly the participation of local employers
and local labor organizations; and
(8) Report
to the board of regents on the (ii) The
extent to which the individuals described in former section 201(b) of United
States Public Law 98-524, 20 U.S.C. section 2331(b), are provided with equal
access to quality vocational career and technical education programs;
(9) (i)
(6) Evaluate
Furnish consultation to the commissioner of
elementary and secondary education to evaluate, at least once every
two (2) years, the vocational career and
technical education program delivery systems assisted under this
chapter, and under the Job Training Partnership Act,
29 U.S.C. section 1501 et seq., in terms of their adequacy and effectiveness in
achieving the purposes of each of the two (2) acts, and make recommendations to
the state board on the adequacy and effectiveness of the coordination that
takes place between vocational education and the Job Training Partnership Act;
and
(ii) Advise
the governor, the board of regents, the state job training coordinating
council, the United States secretary of education, and the United States
secretary of labor of these findings and recommendations; and make recommendations to stakeholders on the adequacy and
effectiveness of the coordination between career and technical education and
the workforce demands of the Rhode Island economy and post-secondary workforce
development;
(10)
(7) Comply with all federal statutes,
requirements, regulations, and guidelines, and in particular, United States Public Law 98-524 and any
amendments to it.;
(8) Establish, support, and expand private sector participation programs that enhance career and technical education at the local level within the state, particularly the participation of local employers and local labor organizations in providing funding, equipment, training, apprenticeships, work-study programs, and other services that will enhance student experiences.
(9) Subject to the approval of the board of education, assume management and jurisdiction of state-owned and operated career and technical schools, at the request of the governing body of the school with a consultation from the executive director of the state-owned school, and assume management of such other career and technical schools as agreed to by local education districts and with a recommendation from the superintendent of schools.
(b) In the event that the governing board of a state-owned and operated career and technical school, or a local education agency in accordance with § 16-53-3(a)(8), requests the board of trustees to assume management and jurisdiction of its career and technical school, then the board of education may assign the care management and responsibility of career and technical facilities to the board of trustees for the express purpose of providing coordinated career and technical educational services. Prior to the assignment of the care, management, and responsibility of the school, the trustees shall prepare a plan that shall examine and make recommendations over the:
(1) Management of the career and technical school, including, but not limited to:
(i) Including how the conversion from a separate school facility to a statewide system will impact:
(A) Personnel;
(B) Labor agreements, including existing collective bargaining agreements;
(C) Contractual obligations outside of labor agreements;
(D) Management structure;
(E) Program offerings;
(F) Admission policies;
(G) Facilities; and
(H) Other items as requested by RIDE or the board of education.
(2) Management of other state owned facilities for the sole purpose of offering career and technical programs; and
(3) Method of assuming ownership and management of career and technical facilities within the state that were transferred, including the integration of programs, curriculum, offerings, and the relationship of matching academic requirements to career and technical education to enhance student outcomes.
(c) In the event the board of trustees assumes responsibility pursuant to § 16-53-3(b), the board of trustees shall act with the same authority as a local school committee.
(d) In the event the board of trustees assumes responsibility pursuant to § 16-53-3(a)(8), the board of trustees shall recognize the collective bargaining representatives of all affected employees in each collective bargaining unit and shall recognize the collective bargaining agreements in effect for all affected employees.
SECTION 4. Chapter 16-53 of the General Laws entitled "Rhode Island State Advisory Council for Technical Vocational Education" is hereby amended by adding thereto the following sections:
16-53-7.1. Trustee funding. -- The trustees shall be supported by funding to provide for the initiation and start-up of the trustees, and for any ongoing expenses.
16-53-8. Creation of career and technical education trust. -- (a) Rhode Island CTE trust established. – Effective January 15, 2015, there is hereby created a permanent, not-for- profit corporation to be known as the Rhode Island CTE trust on career and technical education.
(b) Composition of the CTE trust. The power of the trust shall be vested in nine (9) members appointed originally by the governor in staggered terms. All the members shall serve until their successors are appointed and qualified. After the original appointments, the CTE trust shall have authority to appoint successors to fill terms for seven (7) of the members set forth in subsection (d)(1) of this section.
(c) The CTE trust shall coordinate with, but shall remain independent from, both RIDE and the board of education.
(d) The membership of the CTE trust shall be as follows:
(1) Seven (7) individuals who are representative of the private sector in the state who shall constitute a majority of the membership. From among this group, five (5) members shall be representative of business, industry, and agriculture, including, but not limited to:
(i) At least one representative from the various trades that are performed in the state; and
(ii) At least one representative from any trade association representing various career and technical education career clusters established by the U.S. Department of Education.
(2) The secretary of commerce for Rhode Island; and
(3) A member of the governor's workforce training board, appointed by the governor. The governor shall make the reappointment to this position.
(e) A member shall be eligible to succeed himself or herself.
(f) The governor shall make all appointments to the CTE trust on or before January 15, 2015.
16-53-9. Functions and responsibilities of the career and technical education trust.--
The trust shall:
(1) Create partnerships with various employers to provide for internships, apprenticeship programs, voluntary work relationships, and other such partnerships that provide for student learning:
(2) Provide advisory assistance to the board of trustees in the development of programs, curriculum, areas of focus, and concentration:
(3) Raise funds for the use of the organization to provide grants and loans to the state board and for other purposes as determined by the private board: and
(4) Provide any other assistance to the state board, board of education, or to the general assembly.
16-53-10. Trust debts and obligations. -- Debts and obligations of the CTE trust shall not be or constitute a debt of the state, or any department, municipality, or subdivision thereof.
16-53-11. Career and technical trust. - Responsibility. – The state of Rhode Island is not responsible for the career and technical trust.
16-53-12. Trust gifts, grants and donations. -- The trust is authorized to receive any gifts, grants, or donations made for any of the purposes of its program, including state and federal funds, and to disburse and administer the gifts, grants, or donations in accordance with its terms, subject to applicable law.
SECTION 5. Section 3 of this act shall take effect on January 30, 2015 except §§ 16-53-3(a)(9), 16-53-3(b), 3(c), and 3(d) of Section 3 which shall take effect January 1, 2016. The remainder of this act shall take effect upon passage.
========
LC005689/SUB A/4
========