2022 -- S 2576

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LC004953

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2022

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A N   A C T

RELATING TO EDUCATION -- COUNCIL ON POSTSECONDARY EDUCATION

     Introduced By: Senators DiMario, Cano, Miller, Valverde, Burke, Lawson, Kallman, and
Euer

     Date Introduced: March 10, 2022

     Referred To: Senate Education

     It is enacted by the General Assembly as follows:

     SECTION 1. Section 16-59-6 of the General Laws in Chapter 16-59 entitled "Council on

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

hereby amended to read as follows:

     16-59-6. Commissioner of postsecondary education.

     The council on postsecondary education, with approval of the board, shall appoint a

commissioner of postsecondary education, who shall serve at the pleasure of the council, provided

that his or her initial engagement by the council shall be for a period of not more than three (3)

years. For the purpose of appointing, retaining, or dismissing a commissioner of postsecondary

education, the governor shall serve as an additional voting member of the council. The position of

commissioner shall be in the unclassified service of the state and he or she shall serve as the chief

executive officer of the council on postsecondary education, the chief administrative officer of the

office of postsecondary commissioner, and the executive director of the division of higher

education assistance. The commissioner of postsecondary education shall have any duties that are

defined in this section and in this title and other additional duties as may be determined by the

council, and shall perform any other duties as may be vested in him or her by law. In addition to

these duties and general supervision of the office of postsecondary commissioner and the

appointment of the several officers and employees of the office, it shall be the duty of the

commissioner of postsecondary education:

     (1) To develop and implement a systematic program of information gathering, processing,

and analysis addressed to every aspect of higher education in the state, especially as that

information relates to current and future educational needs.

     (2) To prepare a strategic plan for higher education in the state aligned with the goals of

the board of education's strategic plan; to coordinate the goals and objectives of the higher public

education sector with the goals of the council on elementary and secondary education and activities

of the independent higher education sector where feasible.

     (3) To communicate with, and seek the advice of those concerned with, and affected by the

board of education's and council's determinations.

     (4) To implement broad policy as it pertains to the goals and objectives established by the

board of education and council on postsecondary education; to promote better coordination

between higher public education in the state, independent higher education in the state as provided

in subsection (10) of this section, and pre k-12 education; to assist in the preparation of the budget

for public higher education; and to be responsible, upon direction of the council, for the allocation

of appropriations, the acquisition, holding, disposition of property.

     (5) To be responsible for the coordination of the various higher educational functions of

the state so that maximum efficiency and economy can be achieved.

     (6) To assist the board of education in preparation and maintenance of a five-year (5)

strategic funding plan for higher education; to assist the council in the preparation and presentation

annually to the state budget officer in accordance with § 35-3-4 of a total, public higher educational

budget.

     (7) To recommend to the council on postsecondary education, after consultation with the

presidents, a clear and definitive mission for each college.

     (8) To annually recommend to the council on postsecondary education, after consultation

with the presidents, the creation, abolition, retention, or consolidation of departments, divisions,

programs, and courses of study within the public colleges to eliminate unnecessary duplication in

public higher education, to address the future needs of public higher education in the state, and to

advance proposals recommended by the presidents of the public colleges pursuant to §§ 16-33-2.1

and 16-33.1-2.1.

     (9) To supervise the operations of the office of postsecondary commissioner, including the

division of higher education assistance, and any other additional duties and responsibilities that

may be assigned by the council.

     (10) To perform the duties vested in the council with relation to independent higher

educational institutions within the state under the terms of chapter 40 of this title and any other

laws that affect independent higher education in the state.

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     (11) To be responsible for the administration of policies, rules, and regulations of the

council on postsecondary education with relation to the entire field of higher education within the

state, not specifically granted to any other department, board, or agency and not incompatible with

law.

     (12) To prepare standard accounting procedures for public higher education and all public

colleges.

     (13) To carry out the policies and directives of the board of education and the council on

postsecondary education through the office of postsecondary commissioner and through utilization

of the resources of the public colleges.

     (14) To enter into interstate reciprocity agreements regarding the provision of

postsecondary distance education; to administer such agreements; to approve or disapprove

applications to voluntarily participate in such agreements from postsecondary institutions that have

their principal place of business in Rhode Island; and to establish annual fees, with the approval of

the council on postsecondary education, for aforesaid applications to participate in an interstate

postsecondary distance education reciprocity agreement.

     (15) To the extent necessary for participation, and to the extent required and stated in any

distance learning reciprocity agreement, to implement procedures to address complaints received

from out-of-state students in connection with, or related to, any Rhode Island postsecondary

institution, public or private, that has been approved to participate in said reciprocity agreement.

     (16) To promulgate rules and regulations requiring that all public institutions of higher

education provide students with market-rate financial compensation for any work-based

experiences that students are required to complete to obtain a degree in any program of study. These

regulations shall apply to graduation requirements where the student engages in supervised or

directed learning that takes place in a professional setting with site-based practitioners. Sporadic

shadowing, occasional site visits, or other similarly infrequent activities shall not require financial

compensation.

     (16)(17) To exercise all powers and duties of the division of higher education assistance as

set forth under the terms of chapter 57 of this title.

     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 -- COUNCIL ON POSTSECONDARY EDUCATION

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     This act would call for the promulgation of rules and regulations which require public

higher education institutions financially compensate students who participate in work-based

learning experiences.

     This act would take effect upon passage.

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