2021 -- S 0460

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LC002158

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2021

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A N   A C T

RELATING TO EDUCATION – TEACHERS’ RETIREMENT [SEE TITLE 16 CHAPTER 97 –

THE RHODE ISLAND BOARD OF EDUCATION ACT

     Introduced By: Senators Lawson, Picard, Cano, Ciccone, Goodwin, and McCaffrey

     Date Introduced: March 04, 2021

     Referred To: Senate Education

     It is enacted by the General Assembly as follows:

     SECTION 1. Section 16-16-24 of the General Laws in Chapter 16-16 entitled "Teachers'

Retirement [See Title 16 Chapter 97 - The Rhode Island Board of Education Act]" is hereby

amended to read as follows:

     16-16-24. Substitute teaching and employment after retirement.

     (a) Any teacher or athletic coach certified pursuant to chapter 11.1 of this title, who has

retired under the provisions of any law of this state, may substitute as a teacher at state schools and

in the public schools of this state for a period of no more than ninety (90) one hundred twenty (120)

days in any one school year without any forfeiture of, or reduction in, the retirement benefits and

allowances the teacher is receiving, or may receive, as a retired teacher. Notice of the employment

shall be sent monthly to the state retirement board by the school committee employing the teacher

and by the employer and by the retired teacher at the end of each teaching assignment.

     (b) Any teacher or athletic coach certified pursuant to chapter 11.1 of this title, who has

retired under the provisions of any law of this state, may be employed to fill a vacant position

(including, but not limited to, employment as a tutor, mentor principal, or mentor assistant

principal) by any state school or public school of this state for a period of no more than ninety (90)

one hundred twenty (120) days in any one school year without any forfeiture of, or reduction in,

the retirement benefits and allowances he or she is receiving, or may receive, as a retiree. Notice

of the employment shall be sent monthly to the state retirement board by the employer and by the

retired teacher. Provided, however, that no employment may be offered to a retiree subject to this

section after July 1, 2002, unless the employer has made a good-faith effort each school year to fill

the position with a nonretired employee without success, and certifies, in writing, that it has done

so to the employees' retirement system and to the bargaining agents of all education unions with

whom the employer has collective-bargaining agreements.

     (c) Any retired teacher or athletic coach may be employed pursuant to subsections (a) and

(b), but in no event shall employment exceed ninety (90) one hundred twenty (120) days.

     (d) The calculation of the ninety-day (90) one hundred twenty (120) period in any one

school year shall be determined by either of the following methods:

     (1) Three (3) hours shall constitute a half day and the number of half days shall be limited

to one hundred eighty (180) half days, which shall be the equivalent of ninety (90) full days; or

     (2) Each period per day shall constitute one-fifth (1/5) of a teaching day. Any teacher hired

to teach two (2) periods per day shall be deemed to have worked seventy-two (72) full days per

year. The computation is two-fifths times one hundred eighty (2/5 x 180) school days per year,

which shall be equivalent to seventy-two (72) full days per year.

     (e) Any retired member of the employees retirement system of Rhode Island under title 36

or 45, who is certified as a substitute teacher, may substitute as a teacher at state schools and in the

public schools of this state for a period of no more than ninety (90) one hundred twenty (120) days

in any one school year without any forfeiture of, or reduction in, the retirement benefits and

allowances the substitute teacher is receiving, or may receive, as a retiree under any title. The other

provisions of subsections (b) through (d) shall also be deemed to apply.

     SECTION 2. This act shall take effect upon passage.

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EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N   A C T

RELATING TO EDUCATION – TEACHERS’ RETIREMENT [SEE TITLE 16 CHAPTER 97 –

THE RHODE ISLAND BOARD OF EDUCATION ACT

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     This act would increase the maximum amount of days for substitute teachers and athletic

coaches from 90 days to 120 days.

     This act would take effect upon passage.

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LC002158

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