2012 -- S 2447 SUBSTITUTE A AS AMENDED

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LC01141/SUB A

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STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2012

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A N A C T

RELATING TO EDUCATION -- BOARD OF GOVERNORS FOR HIGHER EDUCATION

     Introduced By: Senator Rhoda E. Perry

     Date Introduced: February 16, 2012

     Referred To: Senate Education

It is enacted by the General Assembly as follows:

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     SECTION 1. Sections 16-60-1 and 16-60-2 of the General Laws in Chapter 16-60

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entitled "Board of Regents for Elementary and Secondary Education" are hereby amended to read

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as follows:

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     16-60-1. Board established. -- (a) There is created a board of regents for elementary and

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secondary education sometimes referred to as the "regents" or the "board of regents," which shall

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be and is constituted a public corporation, empowered to sue and be sued in its own name, to have

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a corporate seal, and to exercise all the powers, in addition to those specifically enumerated in

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this chapter, usually appertaining to public corporations entrusted with control of elementary and

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secondary education institutions and functions. The regents shall be protected from sudden

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changes in membership and reversal of policy by having staggered terms for its public members.

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      (b) Upon its organization the board of regents shall be invested with the legal title (in

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trust for the state) to all property, real and personal, now owned by and/or under the control or in

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the custody of the board of regents for education for the use of the department of elementary and

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secondary education. The board of regents is made successor to all powers, rights, duties, and

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privileges pertaining to elementary and secondary education.

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      (c) The board of regents for elementary and secondary education shall consist of nine (9)

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ten (10) members as follows: Eight (8) public members appointed pursuant to the terms of section

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subsection 16-60-2(a), one student member who shall be ex-officio and nonvoting elected

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pursuant to the provisions of subsection 16-60-2(d), and a member of the board of governors for

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higher education designated by the governor. Five (5) voting members of the board shall

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

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for action.

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      The public members of the board of regents shall not be compensated for service in

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attending meetings or duly organized subcommittee meetings of the board at which business is

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transacted.

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      (d) The governor shall designate one of the public members as chairperson of the board

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of regents. The board may elect from among its members such other officers as it deems

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necessary.

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     16-60-2. Appointment of board members. -- (a) The governor shall with the advice and

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consent of the senate establish the board by appointing eight (8) members to serve staggered

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terms. The appointments shall be made for terms of three (3) years commencing on February 1 in

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the year of appointment and ending on January 31 in the third (3rd) year after this, except, at the

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expiration of their terms members shall remain and continue in their official capacity until a new

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member is appointed and confirmed. Any vacancy among the public members of the board shall

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be filled by appointment of the governor for the remainder of the unexpired term. In the selection

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and appointment of members of the board the governor shall seek persons who best serve the

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entire needs of the state. Public members shall not be appointed for more than three (3)

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successive three (3) year terms each; provided, that this limitation shall not apply to that person

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designated as chairperson by the governor who may be a member so long as he or she shall serve

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as chairperson.

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

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

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      (c) Members of the board shall be removable by the governor pursuant to the provisions

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of section 36-1-7 of the general laws and for cause only, and removal solely for partisan or

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personal reasons unrelated to capacity or fitness for the office shall be unlawful.

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     (d) There is hereby established a student advisory council to the board of regents,

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consisting of one elected high school student representative from each public secondary school in

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the state of Rhode Island.

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

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

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

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

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

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

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

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vote if they are not currently enrolled in a Rhode Island public secondary school between the

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grades of nine (9) and eleven (11). If at any time during his or her term of office a member of the

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

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his or her position shall be deemed vacant. This vacancy shall be filled by the public secondary

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

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

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

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(3) terms.

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

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matters as it deems appropriate.

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

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shall adopt a set of bylaws.

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

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

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meetings.

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

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

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

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

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council removes said chairperson from his or her position in a manner described within the

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bylaws of that council and/or if he or she is otherwise removed by the governor.

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     SECTION 2. This act shall take effect upon passage.

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LC01141/SUB A

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EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N A C T

RELATING TO EDUCATION -- BOARD OF GOVERNORS FOR HIGHER EDUCATION

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     This act would authorize the addition of a nonvoting ex-officio student representative

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member to the Rhode Island board of regents for elementary and secondary education. The act

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would also establish a student advisory council to the board of regents consisting of one high

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school representatives from each public secondary school in the state.

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     This act would take effect upon passage.

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LC01141/SUB A

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