Chapter 06-008

2006 -- S 2142 AS AMENDED

Enacted 3/24/06

A N A C T

RELATING TO SEPARATION OF POWERS -- EDUCATION

Introduced By: Senators Gallo, Paiva-Weed, Tassoni, and Ruggerio

Date Introduced: January 24, 2006

It is enacted by the General Assembly as follows:

SECTION 1. Sections 16-59-1, 16-59-2 and 16-59-4 of the General Laws in Chapter 16-

59 entitled "Board of Governors for Higher Education" are hereby amended to read as follows:

16-59-1. Board of governors for higher education established. -- (a) There is created a

board of governors for higher education, sometimes referred to as the "board" or the "board of

governors", which shall be and is constituted a public corporation, empowered to sue and be sued

in its own name, to have a corporate seal, and to exercise all the powers, in addition to those

specifically enumerated in this chapter, usually appertaining to public corporations entrusted with

control of postsecondary educational institutions and functions. The board shall be protected from

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

members. Upon its organization the board of governors shall be invested with the legal title (in

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

custody of the board of regents for education for the use of the University of Rhode Island, Rhode

Island College, Community College of Rhode Island and the system of community colleges of

Rhode Island including all departments, divisions, and branches of these.

(b) The board of governors is empowered to hold and operate the property in trust for the

state; to acquire, hold, and dispose of the property and other like property as deemed necessary

for the execution of its corporate purposes. The board of governors is made successor to all

powers, rights, duties, and privileges formerly belonging to the board of regents for education

pertaining to postsecondary education.

twelve (12) public members, appointed pursuant to the terms of section 16-59-2, one of whom

shall be a full time student in good standing at the University of Rhode Island, Rhode Island

College or the Community College of Rhode Island, and a member of the board of regents for

elementary and secondary education ~~designated by the chairperson of this board, the chairperson~~

~~of the senate finance committee or his or her designee, and the chairperson of the house finance~~

~~committee or his or her designee~~ designated by the governor.

(d) The public members of the board of governors shall receive compensation in the

amount of fifty dollars ($50.00) for each day of actual service in attending meetings or duly

organized subcommittee meetings of the board at which business is transacted; provided, that the

compensation in any one year shall not exceed the sum of three thousand dollars ($3,000) per

member.

(e) ~~The legislative members shall receive no compensation for their services but shall be~~

~~allowed their travel and necessary expenses.~~ The governor shall designate one of the public

members as chairperson of the board of governors. The board may elect from among its members

such other officers as it deems necessary. Seven (7) voting members of the board shall constitute

a quorum and a majority vote of those present and voting shall be required for action.

16-59-2. Appointment of members of the board of governors for higher education. --

(a) The governor shall, with the advice and consent of the senate establish the board by

appointing ~~ten (10)~~ eleven (11) members to serve in staggered terms. The appointments shall be

made for terms of three (3) years commencing on February 1 in the year of the appointment and

ending on January 31 in the third (3rd) year thereafter, except in the case of the student member

whose appointment shall be for a period of two (2) years.

(b) At the expiration of their terms members shall remain and continue in their official

capacity until a new member is appointed and confirmed. Any vacancy among the public

members of the board shall be filled by appointment of the governor for the remainder of the

unexpired term. In the selection and appointment of members of the board, the governor shall

seek persons who best serve the entire needs of the state. Public members shall not be appointed

for more than three (3) successive three (3) year terms each; provided, however, that this

limitation shall not apply to that person designated as chairperson by the governor who may be a

member so long as he or she shall serve as chairperson. Student members shall be appointed by

the governor for a single two (2) year term and shall rotate among the three (3) public institutions.

act unless he or she is a resident of this state.

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

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

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

16-59-4. Powers and duties of board. -- The board of governors for higher education

shall have, in addition to those enumerated in section 16-59-1, the following powers and duties:

(1) To approve a systematic program of information gathering, processing, and analysis

addressed to every level, aspect, and form of higher education in this state especially as that

information relates to current and future educational needs so that current needs may be met with

reasonable promptness and plans formulated to meet future needs as they arise in the most

efficient and economical manner possible.

(2) To approve a master plan defining broad goals and objectives for higher education in

the state including a comprehensive capital development program. 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 board of governors shall continuously evaluate the efforts and

results of education in the light of these objectives.

(3) To formulate broad policy to implement the goals and objectives established and

adopted by the board of governors, to adopt standards and require enforcement and to exercise

general supervision over all higher public education in the state and over independent higher

education in the state as provided in subdivision (8) of this section. The board of governors shall

not engage in the operation or administration of any subordinate committee, university, junior

college, or community college, except its own office of higher education and except as

specifically authorized by an act of the general assembly; provided, the presidents of each

institution of higher learning shall be the chief administrative and executive officers of that

institution; and provided that nothing contained in this section shall prohibit their direct access to

or interfere with the relationship between the presidents and the board of governors. The adoption

and submittal of the budget, the approval of tables of organization, the creation, abolishment, and

consolidation of departments, divisions, programs, and courses of study, and the acquisition,

holding, disposition, and general management of property shall not be construed to come within

the purview of the preceding prohibition. The board shall communicate with and seek the advice

of the commissioner of higher education and all those concerned with and affected by its

determinations as a regular procedure in arriving at its conclusions and in setting its policy.

(4) To prepare and maintain a five (5) year funding plan for higher education; to prepare

with the assistance of the commissioner of higher education and to present annually to the state

budget officer in accordance with section 35-3-4 a state higher educational budget, which shall

include, but not be limited to, the budget of the office of higher education and the budget of the

state colleges. In the preparation of the budget, the board shall determine priorities of

expenditures for public higher education purposes of state revenues and other public resources

made available for the support of higher public education. Nothing contained in this subdivision

shall authorize the board to alter the allocation of grants or aid otherwise provided by law.

(5) To maintain an office of higher education; to provide for its staffing and

organization; and to appoint a commissioner of higher education pursuant to section 16-59-6, who

shall serve at its pleasure. The commissioner of higher education and the office of higher

education shall have the duties and responsibilities as defined in sections 16-59-6 and 16-59-7.

(6) To appoint and dismiss presidents of the public institutions of higher learning with

the assistance of the commissioner of higher education, and to establish procedures for this, and

with the assistance of the commissioner to approve or disapprove vice presidents of the public

institutions of higher learning appointed by the respective presidents of the public institutions of

higher learning.

(7) To establish other educational agencies or subcommittees necessary or desirable for

the conduct of any or all aspects of higher education and to determine all powers, functions, and

composition of any agencies or subcommittees and to dissolve them when their purpose shall

have been fulfilled.

(8) To exercise the authority vested in the board of regents for education with relation to

independent higher educational institutions within the state under the terms of chapter 40 of this

title, and other laws affecting independent higher education in the state.

(9) To enforce the provisions of all laws relating to higher education, public and

independent.

(10) To be responsible for all the functions, powers, and duties which were vested in the

board of regents for education relating to higher education, including but not limited to the

following specific functions:

(i) To approve the tables of organization at public institutions of higher learning with the

assistance of the commissioner of higher education.

(ii) To adopt and require standard accounting procedures for the office of higher

education and all public colleges and universities.

(iii) To create, abolish, and consolidate departments, divisions, programs, and courses of

study within the public colleges and universities with the assistance of the commissioner of

higher education after consultation with the presidents.

(iv) To establish a clear and definitive mission for each public institution of higher

learning with the assistance of the commissioner of higher education.

(v) To promote maximum efficiency, economy, and cooperation in the delivery of public

higher educational services in the state and cooperation with independent institutions of higher

education.

(11) To incorporate into its own affirmative action reporting process periodic reports

monitoring specific faculty and staff searches by the chairperson of the search committee to

include the rationale for granting those interviews and the final hiring results. The institutions

must empower its affirmative action officer to monitor searches in this manner, to intervene

during the search, and, when necessary, to cause a search to cease if affirmative action goals are

not being adequately served.

(12) To incorporate a specific category for accountability on affirmative action goals and

implementation as part of the board's annual evaluations and three (3) year reviews for the

presidents of each of the public institutions of higher education.

(13) To make a formal request of the governor that whenever an opportunity arises to

make new appointments to the board, that the governor make every effort to increase the number

of African Americans, Native Americans, Asians, and Hispanics on the board.

(14) Within ninety (90) days after the end of each fiscal year, the board shall submit an

annual report to the governor, the speaker of the house of representatives, and the president of the

senate of its activities during that fiscal year. The report shall provide: an operating statement

summarizing meetings or hearings held, subjects addressed, decisions rendered, rules or

regulations promulgated, studies conducted, policies and plans developed, approved, or modified,

and programs administered or initiated; a consolidated financial statement of all funds received

and expended including the source of the funds, a listing of any staff supported by these funds,

and a summary of any clerical, administrative or technical support received; a summary of

performance during the previous fiscal year including accomplishments, shortcomings and

remedies; a synopsis of hearings, complaints, suspensions, or other legal matters related to the

authority of the board; a briefing on anticipated activities in the upcoming fiscal year; and

findings and recommendations for improvements. The director of the department of

administration shall be responsible for the enforcement of the provisions of this subsection.

(15) The board shall conduct a training course for newly appointed and qualified

members within six (6) months of their qualification. The course shall be developed by the

chairperson of the board, approved by the board, and conducted by the chairperson of the board.

The board may approve the use of any board or staff members or other individuals to assist with

training. The training course shall include instruction in the following areas: the provisions of

chapters 42-46, 36-14, and 38-2; and the board's own rules. The director of the department of

administration shall, within ninety (90) days of the effective date of this act, prepare and

disseminate training materials relating to the provisions of chapters 42-46, 36-14, and 38-2.

SECTION 2. Sections 16-60-1, 16-60-2 and 16-60-4 of the General Laws in Chapter 16-

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

read as follows:

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

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

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

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

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

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

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

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

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

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

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

privileges pertaining to elementary and secondary education.

~~(11)~~ nine (9) members as follows: Eight (8) public members appointed pursuant to the terms of

section 16-60-2, and a member of the board of governors for higher education ~~designated by the~~

~~chairperson of this board, the chairperson of the senate finance committee or his or her designee~~

~~and the chairperson of the house finance committee or his or her designee~~ designated by the

governor. Five (5) voting members of the board shall constitute a quorum and the vote of a

majority vote of those present and voting shall be required for action.

The public members of the board of regents shall receive compensation in the amount of

fifty dollars ($50.00) for each day of actual service in attending meetings or duly organized

subcommittee meetings of the board at which business is transacted; provided, that the

compensation in any one year shall not exceed the sum of three thousand dollars ($3,000) per

member.

(d) ~~The legislative members shall receive no compensation for their services but shall be~~

~~allowed their travel and necessary expenses.~~ The governor shall designate one of the public

members as chairperson of the board of regents. The board may elect from among its members

such other officers as it deems necessary.

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

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

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

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

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

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

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

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

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

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

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

as chairperson.

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

act unless he or she is a resident of this state.

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

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

16-60-4. Board of regents for elementary and secondary education -- Powers and

duties. -- The board of regents for elementary and secondary education shall have in addition to

those enumerated in section 16-60-1, the following powers and duties:

(1) To approve a systematic program of information gathering, processing, and analysis

addressed to every aspect of elementary and secondary education in this state especially as that

information relates to current and future educational needs so that current needs may be met with

reasonable promptness and plans formulated to meet future needs as they arise in the most

efficient and economical manner possible.

(2) To approve a master plan defining broad goals and objectives for elementary and

secondary education in the state. 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

regents shall continually evaluate the efforts and results of education in the light of these

objectives.

(3) To formulate broad policy to implement the goals and objectives established and

adopted by the board of regents; to adopt standards and require enforcement and to exercise

general supervision over all elementary and secondary public and nonpublic education in the state

as provided in subdivision (8) of this section. The board of regents shall not engage in the

operation or administration of any subordinate committee, local school district, school, school

service, or school program, except its own department of elementary and secondary education,

and except as specifically authorized by an act of the general assembly. The adoption and

submittal of the budget and the allocation of appropriations, the acquisition, holding, disposition,

and general management of property shall not be construed to come within the purview of the

preceding prohibition. The regents shall communicate with and seek the advice of the

commissioner of elementary and secondary education and all those concerned with and affected

by its determinations as a regular procedure in arriving at its conclusions and in setting its policy.

(4) To allocate and coordinate the various educational functions among the educational

agencies of the state and local school districts and to promote cooperation among them so that

maximum efficiency and economy shall be achieved.

(5) (i) To prepare with the assistance of the commissioner of elementary and secondary

education and to present annually to the state budget officer, in accordance with section 35-3-4, a

total educational budget for the elementary and secondary sector which shall include, but not be

limited to, the budgets of the department of elementary and secondary education, subordinate

boards and agencies, and state aid to local school districts.

(ii) In the preparation of the budget, the regents shall determine priorities of expenditures

for elementary and secondary education purposes of state revenues and other public resources

made available for the support of public elementary and secondary education among the various

education agencies of the state. Nothing contained in this section shall authorize any individual or

group of individuals to reallocate resources in a manner other than that prescribed in the budget as

appropriations by the general assembly.

(6) To maintain a department of elementary and secondary education, to provide for its

staffing and organization and to appoint a commissioner of elementary and secondary education

pursuant to section 16-60-6 who shall serve at its pleasure. The commissioner of elementary and

secondary education and the department of elementary and secondary education shall have any

duties and responsibilities as defined in sections 16-60-6 and 16-60-7.

(7) To establish other educational agencies or subcommittees necessary or desirable for

the conduct of any or all aspects of elementary and secondary education and to determine all

powers, functions, and composition of any agencies or subcommittees and to dissolve them when

their purpose shall have been fulfilled; provided that nothing contained in this subdivision shall

be construed to grant the regents the power to establish subcommittees or agencies performing the

duties and functions of local school committees except as provided in section 16-1-10.

(8) To exercise the authority previously vested in the board of regents for education with

relation to secondary nonpublic educational institutions within the state under the terms of

chapter 40 of this title and other laws affecting nonpublic education in the state, and to cause the

department of elementary and secondary education to administer the provisions of that section.

(9) To exercise all the functions, powers and duties which previously were vested in the

board of regents for education, under the provisions of former section 16-49-4(9), including but

not limited to the following specific functions:

(i) To approve the basic subjects and courses of study to be taught and instructional

standards required to be maintained in the public elementary and secondary schools of the state.

(ii) To adopt standards and qualifications for the certification of teachers and to provide

for the issuance of certificates, and to establish fees for the certification of teachers. The fees

collected for the certification of teachers along with various education licensing and testing fees

shall be deposited by the board of regents as general revenues. The funds appropriated by the

general assembly shall be utilized by the department of elementary and secondary education to

establish and support programs which enhance the quality and diversity of the teaching

profession. The commissioner of elementary and secondary education shall regularly make

recommendations to the board about specific programs and projects to be supported by those

funds. The commissioner shall oversee the funds, assess the effectiveness of its programs and

projects, and make recommendations about the general use and operation of the funds to the

board.

(iii) To be responsible for the distribution of state school funds.

(iv) To determine the necessity of school construction and to approve standards for

design and construction of school buildings throughout the state.

(v) To set standards for school libraries and school library services.

(vi) To make recommendations relative to transportation of pupils to school, school bus

routes, time schedules, and other matters relating to pupil transportation.

(vii) To enforce the provisions of all laws relating to elementary and secondary

education.

(viii) To decide and determine appeals from decisions of the commissioner.

(ix) To prescribe forms for the use of local school committees and local officers when

reporting to the department of elementary and secondary education.

(x) To adopt and require standard accounting procedures for local school districts, except

as provided for in subdivision (3) of section 16-24-2.

(xi) To adopt and require standard uniform operating and capital budgeting procedures

for local school districts.

(10) To establish rules for the approval and accrediting of elementary and secondary

schools.

(11) To recommend to the general assembly changes in the size and number of the

school districts within the state; and to make any further and other recommendations to the

general assembly as the board of regents may determine to be necessary or desirable, including,

but not limited to, proposals for incentives for the coordination of services and facilities of certain

school districts and the feasibility of granting taxing authority to local school committees upon

their request, and the impact upon the quality of education within that particular community by

granting the request. In carrying out this duty, the board of regents shall periodically issue reports

in school district organizations for selected regions and school districts.

(12) To exercise all other powers with relation to the field of elementary and secondary

education within this state not specifically granted to any other department, board, or agency, and

not incompatible with law, which the board of regents for elementary and secondary education

may deem advisable.

(13) To exercise the authority previously vested in the board of regents for education

with relation to adult education as defined in section 16-58-2 and to establish definitive goals for

and operate a comprehensive delivery system for adult education programs and services,

including the counseling and testing of persons interested in obtaining high school equivalency

diplomas, the issuance of diplomas, and the maintenance of a permanent record of applications,

tests, and equivalency diplomas.

(14) To promote maximum efficiency and economy in the delivery of elementary and

secondary educational services in the state.

(15) To approve a training program for school committee members to enhance their

individual skills and their effectiveness as a corporate body. The training program should include,

but not be limited to, the following roles and responsibilities of school committees: strategic

planning, human and community relations, and school finance and budgeting.

(16) ~~Submit to the governor and general assembly an annual progress report on the~~

~~condition of elementary and secondary education.~~ Within ninety (90) days after the end of each

fiscal year, the board shall submit an annual report to the governor, the speaker of the house of

representatives, and the president of the senate of its activities during that fiscal year. The report

shall provide: an operating statement summarizing meetings or hearings held, subjects addressed,

decisions rendered, rules or regulations promulgated, studies conducted, policies and plans

developed, approved, or modified, and programs administered or initiated; a consolidated

financial statement of all funds received and expended including the source of the funds, a listing

of any staff supported by these funds, and a summary of any clerical, administrative or technical

support received; a summary of performance during the previous fiscal year including

accomplishments, shortcomings and remedies; a synopsis of hearings, complaints, suspensions, or

other legal matters related to the authority of the board; a briefing on anticipated activities in the

upcoming fiscal year; and findings and recommendations for improvements. The director of the

department of administration shall be responsible for the enforcement of the provisions of this

subsection.

(17) To prepare with the assistance of the commissioner a multi-year plan of priority

educational goals and objectives. This plan should recommend policy objectives, implementation

strategies, and a timetable for major policy initiatives.

(18) Each year the governor shall by writing notify the board of regents for elementary

and secondary education concerning broad economic, cultural, and social needs that the education

system needs to consider which the board shall address in developing educational plans and

programs.

(19) Appoint a standing committee that will develop a schedule to systematically review

all board policies over a three (3) year period.

(20) To prepare with the assistance of the commissioner a statement of regulatory policy.

This policy should set forth the goals and objectives of state regulations which are expressed in

terms of what educational inputs and outputs the board expects regulations to address.

(21) (i) To prepare with the assistance of the commissioner of elementary and secondary

education and to present annually to the general assembly by January 1 a report on school

discipline in Rhode Island schools. This report shall include:

(A) Expulsions by district, including duration and the reason for each action.

(B) Suspensions by district, including duration and the reason for each action.

(D) Assaults of teachers, students, and school staff by students.

(E) Incidents involving possession of weapons on school property. For the purpose of

this section, a weapon shall be considered any of those weapons described in sections 11-47-2

and 11-47-42.

(F) Incidents of the sale of controlled substances by students.

(G) Incidents of the possession with the intent to sell controlled substances by students.

(H) Additional demographic information including, but not limited to, the ethnic and

racial classifications, age, and gender, as prescribed by the commissioner, of each of the students

involved in the incidents, events or actions described in subparagraphs (A) through (G) of this

subdivision.

(I) A description of the education program provided to each student suspended for over

ten (10) consecutive school days in a school year.

(ii) All school superintendents shall supply the necessary information on forms

established by the commissioner of elementary and secondary education to the board of regents to

assist in the preparation of the board of regents' report on school discipline.

(22) To prepare and promulgate a uniform statewide school reporting system which

would provide information including, but not limited to, the following:

(i) Student and teacher attendance rates;

(ii) Standardized test scores;

(iii) Demographic profiles;

(iv) Results of polls of students, parents, and teachers;

(v) Descriptions of goals, initiatives, and achievements;

(vi) Best teaching practices;

(vii) Alternative student assessments;

(viii) Special programs;

(ix) Number of student suspensions and teacher grievances and the amount of parental

involvement.

(23) The board shall conduct a training course for newly appointed and qualified