Chapter 076

2005 -- S 0565 SUBSTITUTE A

Enacted 06/24/05

A N A C T

RELATING TO EDUCATION

Introduced By: Senators Roberts, Sosnowski, and Gallo

Date Introduced: February 10, 2005

It is enacted by the General Assembly as follows:

SECTION 1. Section 16-2-9 of the General Laws in Chapter 16-2 entitled "School

Committees and Superintendents" is hereby amended to read as follows:

16-2-9. General powers and duties of school committees. -- (a) The entire care,

control, and management of all public school interests of the several cities and towns shall be

vested in the school committees of the several cities and towns. School committees shall have, in

addition to those enumerated in this title, the following powers and duties:

(1) To identify educational needs in the community.

(2) To develop education policies to meet the needs of the community.

(3) To provide for and assure the implementation of federal and state laws, the

regulations of the board of regents for elementary and secondary education, and of local school

policies, programs, and directives.

(4) To provide for the evaluation of the performance of the school system.

(5) To have responsibility for the care and control of local schools.

(6) To have overall policy responsibility for the employment and discipline of school

department personnel.

(7) To approve a master plan defining goals and objectives of the school system. These

goals and objectives shall be expressed in terms of what men and women should know and be

able to do as a result of their educational experience. The committee shall periodically evaluate

the efforts and results of education in light of these objectives.

(8) To provide for the location, care, control, and management of school facilities and

equipment.

(9) To adopt a school budget to submit to the local appropriating authority.

(10) To adopt any changes in the school budget during the course of the school year.

(11) To approve expenditures in the absence of a budget, consistent with state law.

(12) To employ a superintendent of schools and assign any compensation and other

terms and conditions as the school committee and superintendent shall agree, provided that in no

event shall the term of employment of the superintendent exceed three (3) years. Nothing

contained in this chapter shall be construed as invalidating or impairing a contract of a school

committee with a school superintendent in force on May 12, 1978.

(13) To give advice and consent on the appointment by the superintendent of all school

department personnel.

(14) To establish minimum standards for personnel, to adopt personnel policies, and to

approve a table of organization.

(15) To establish standards for the evaluation of personnel.

(16) To establish standards for conduct in the schools and for disciplinary actions.

(17) To hear appeals from disciplinary actions.

(18) To enter into contracts.

(19) To publish policy manuals which shall include all school committee policies.

(20) To establish policies governing curriculum, courses of instruction, and text books.

(21) To provide for transportation services which meet or exceed standards of the board

of regents for elementary and secondary education.

(22) To make any reports to the department of education as are required by the board of

regents for elementary and secondary education.

(23) To delegate, consistent with law, any responsibilities to the superintendent as the

committee may deem appropriate.

(24) To address the health and wellness of students and employees.

(25) To establish a subcommittee of the school board or committee to decrease obesity

and address school health and wellness policies for students and employees consistent with

section 16-21-28.

(b) Nothing in this section shall be deemed to limit or interfere with the rights of teachers

and other school employees to collectively bargain pursuant to chapters 9.3 and 9.4 of title 28 or

to allow any school committee to abrogate any agreement reached by collective bargaining.

power to bind their successors and successor committees by entering into contracts of

employment in the exercise of their governmental functions.

(d) Notwithstanding any provisions of the general laws to the contrary, the requirement

defined in subsections (d) through (f) of this section shall apply. The school committee of each

school district shall be responsible for maintaining a school budget which does not result in a

debt.

(e) The school committee shall, within thirty (30) days after the close of the first and

second quarters of the state's fiscal year, adopt a budget as may be necessary to enable it to

operate without incurring a debt, as described in subsection (d).

(f) In the event that any obligation, encumbrance, or expenditure by a superintendent of

schools or a school committee is in excess of the amount budgeted or that any revenue is less than

the amount budgeted, the school committee shall within five (5) working days of its discovery of

potential or actual over expenditure or revenue deficiency submit a written statement of the

amount of and cause for the over obligation or over expenditure or revenue deficiency to the city

or town council president and any other person who by local charter or statute serves as the city

or town's executive officer; the statement shall further include a statement of the school

committee's plan for corrective actions necessary to meet the requirements of subsection (d). The

plan shall be approved by the auditor general.

SECTION 2. Section 16-7.1-2 of the General Laws in Chapter 16-7.1 entitled "The

Rhode Island Student Investment Initiative" is hereby amended to read as follows:

16-7.1-2. Accountability for student performance. -- (a) The board of regents shall

adopt and publish statewide standards of performance and performance benchmarks in core

subject areas to include writing and mathematics (grades four (4), eight (8), and ten (10)). These

standards and performance benchmarks shall be ratified by the board and implemented, and

performance standards and performance benchmarks for reading in two (2) grades shall be added.

(b) Districts and schools need to be held accountable for student performance results.

Therefore, every school district receiving state education aid under this title shall develop a

district strategic plan. The district strategic plan shall: (1) be based on high academic standards

for student performance consistent with the statewide standards and benchmarks; (2) be the

product of a shared community wide process which defines a vision of what students should

know and be able to do; (3) address the needs of each school in the district; (4) encourage the

development of school-based improvement planning and implementation; (5) include a process

for mentoring of new teachers; (6) be designed to improve student achievement with emphasis on

closing the performance gaps among groups of students such as the performance gaps correlated

with poverty, gender, language background, and disability; (7) include establishment of student

intervention teams to address the instructional needs of diverse learners, include high standards of

student behavior designed to create an orderly educational environment with due regard for the

rights of students, and an asset protection plan; and (8) be consistent with Rhode Island's

comprehensive education strategy. In order to assure the most efficient use of resources

implementing strategic plans, districts and schools are encouraged to work together as consortia

and as part of the regional collaboratives.

in mathematics, reading, and writing. Each plan must describe a scientific research based, as

described in the No Child Left Behind Act of 2001, Title 1, Part B, Section 1208 [20 U.S.C.

section 6368] reading instruction to improve the reading skills of all students in the early grades

(kindergarten through grade five (5)) that is aligned with the board of regents reading policy. The

district must develop, implement and evaluate a Personal Literacy Program for each student in

these grades who is performing below grade level. These strategies shall be based on the adequate

yearly progress expected for students and schools. Annual performance targets for determining

whether schools and districts have made adequate yearly progress will be set by the commissioner

of elementary and secondary education. The general assembly expects these district strategies to

increase the number of fourth grade students performing at or above the proficient standard in

mathematics, reading, and writing in each district and school. The increase shall be established

annually in accordance with section 16-7.1-4.

(2) The general assembly recognizes the contribution of school counselors to positive

educational change, to the implementation of the No Child Left Behind Act of 2001, and to the

success of students in three (3) developmental domains: academic, career, and personal/social. It

endorses the National Standards for School Counseling Programs as developed by the American

School Counselor Association (ASCA). Further, the general assembly encourages every district

to implement a K-12 standards-based comprehensive, developmental school counseling program.

(d) Each strategic plan must indicate the manner in which self-studies will be completed

at the school level in accordance with guidelines established by the commissioner. Funds shall be

appropriated to the department of elementary and secondary education to assist districts with on-

site reviews. Schools to be visited shall be determined by the commissioner.

(e) Each strategic plan must indicate the method in which school administrators and staff

shall achieve and maintain an orderly educational environment in accordance with due process

and with due regard for the rights of students.

(f) Each strategic plan shall include the development of inter-agency agreements for the

coordination of services among state and local agencies responsible for service to children and

families. These agreements shall address the identification and provision of services to pre-school

children with disabilities and children and youth with behavioral health care needs.

(g) All district strategic plans and annual updates shall be submitted to the commissioner

of elementary and secondary education no later than May 1, of each year.

(h) All strategic plans shall include strategies to decrease obesity and improve the health

and wellness of students and employees through nutrition, physical activity, health education, and

physical education. Said strategies shall be submitted by May 1st of each year to the Rhode Island

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

SECTION 3. Chapter 16-21 of the General Laws entitled "Health and Safety of Pupils" is

hereby amended by adding thereto the following section:

16-21-28. Health and wellness subcommittee. – (a) The school committee of each

school district shall establish a district-wide coordinated school health and wellness

subcommittee chaired by a member of the full school committee. The subcommittee will make

recommendations regarding the district's health education curriculum and instruction, physical

education curriculum and instruction, and nutrition and physical activity policies to decrease

obesity and enhance the health and well being of students and employees.

(b) The school health and wellness subcommittee shall consist of members of the general

public, a majority of whom are not employed by the school district, including at least one parent,

and are encouraged to include teachers; administrator; students; community and school-based

health professionals; business community representatives; and representatives of local and

statewide nonprofit health organizations. The subcommittee will be chaired by a member of the

school committee.

existing district-wide volunteer committees as the school health and wellness subcommittee so

long as said committee membership meets the requirements of this section.

(d) The school health and wellness subcommittee shall be responsible for, but not limited

to, development of policies, strategies, and implementation plans that meet the requirements of

the child nutrition and WIC Reauthorization Act of 2004. The school health and wellness

subcommittee shall forward all recommendations regarding the district's health education

curriculum and instruction, physical education curriculum and instruction, nutrition policies, and

physical activity policies to the full school committee.

(e) Reporting shall be consistent with requirements of section 16-7.1-2(h).

(f) The Rhode Island department of elementary and secondary education and the Rhode

Island department of heath will provide technical assistance and support to the school health and

wellness subcommittees on best practices, professional development on coordinated school health

issues, suggested initiatives, and will support communication among the school health and

wellness subcommittees by sharing information on the activities, efforts, and experiences of

subcommittees across the state.

SECTION 4. This act shall take effect August 1, 2005.

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LC01792/SUB A

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