Chapter 094

2006 -- H 7515

Enacted 06/13/06

A N A C T

RELATING TO EDUCATION -- ADULT EDUCATION COMMISSION

Introduced By: Representatives Davey, and Long

Date Introduced: February 16, 2006

It is enacted by the General Assembly as follows:

     SECTION 1. Chapter 16-58 of the General Laws entitled "Adult Education

Commission" is hereby repealed in its entirety.

CHAPTER 16-58

Adult Education Commission

16-58-1. Commission established. -- There is established within the board of regents for

elementary and secondary education a permanent committee to be known as the Rhode Island

adult education commission, referred to as "the commission"; nothing contained in this paragraph

shall be construed to grant the board of regents power to exercise control over the functions,

powers, and duties which are vested in the commission.

16-58-2. Definition of adult education. -- (a) Adult education consists of programs,

courses, classes, instruction, training, apprenticeships, and other learning experiences, and related

counseling, guidance, informational, and other services which enable persons to acquire the basic

knowledge and skills necessary to function as responsible and productive citizens in society, for

citizenship, and learning the English language, for academic achievement, for qualifying for and

advancing in employment, improving marketable skills, and qualifying for occupational

licensing, and for general personal development and enrichment.

(b) These activities may be for individuals or groups, formal or informal, full time or part

time, and may be sponsored by and operated in public, private, and proprietary instructions and

agencies, employment setting, through printed or broadcast media, by home study, in community

centers, libraries, and other learning environments.

(c) Subject areas may include fundamental, academic, business, trade, career, technical,

professional, paraprofessional, vocational, avocational, and others, whether or not leading to

credits, certificates, diplomas, degrees, or credentials of any kind. Levels may include primary,

secondary, postsecondary, undergraduate, graduate, and general.

(d) Persons who participate in adult education are those who are above the age of

compulsory school attendance, except persons who remain enrolled or re-enroll in regular high

school programs prior to attaining age eighteen (18) and persons who enter or re-enter higher

education prior to attaining age twenty-five (25) and not excluding persons who are disabled.

16-58-3. Composition of commission. -- (a) The commission shall be composed of

thirty-two (32) members, as follows:

(1) Fourteen (14) members representing state officials, including three (3) members of

the state senate, not more than two (2) from the same political party, who shall be nominated by

the president of the senate; and three (3) members of the state house of representatives, not more

than two (2) from the same political party, who shall be nominated by the speaker of the house;

and one member of the board of regents for elementary and secondary education, who shall be

nominated by the chairperson of the board; the commissioner of higher education, or his or her

designee; and one member of the human resource investment council appointed by the

chairperson; and five (5) members who shall be the directors or the director's designee of each of

the following: (1) the department of labor and training; (2) the Rhode Island Economic

Development Corporation; (3) the department of health; (4) the department of human services;

and (5) the office of library and information services.

(2) Nine (9) members representing the adult education profession, including the

commissioner of elementary and secondary education, or his or her designee; and seven (7) other

professionals; two (2) program administrators or teachers who shall be nominated by the

executive board of the Adult Education Association of Rhode Island, with not less than five (5)

years experience in local adult education programs; five (5) program administrators or teachers

nominated by the Rhode Island Adult Literacy Council, including one representative from each of

the following program areas: (i) English as a second language program; (ii) vocational literacy

program; (iii) G.E.D. preparation program; (iv) basic reading and literacy program; (v) family

literacy program; and one (1) member designated by the Rhode Island Literary Resource Center.

(3) Nine (9) members from local cities and towns appointed by the governor, including

one member of a school committee from a city or town which has an active adult education

program appointed by the executive committee of the Rhode Island Association of School

Committees, one representative of the Rhode Island School Superintendents' Association, to be

nominated by the executive committee of the association; two (2) representatives of business or

industry; one representative of organized labor; three (3) persons who have received, or are

receiving, adult education services; and one member representing a public library from a city or

town with an active adult education program.

(b) It is recognized that the policy of the commission shall be to facilitate and insure, to

the fullest extent possible, that adult education will provide adult Rhode Islanders the educational

opportunities to achieve their fullest potential as community members, workers, parents, and

productive citizens.

16-58-4. Appointment and terms of commission members. -- (a) All members shall

continue to serve until their successors are appointed and qualified. Terms shall run for three (3)

years, commencing on the effective date of this commission and continuing through April 30

three (3) years from that time on.

(b) The members of the commission shall meet at the call of the speaker of the house and

organize and shall select from among the legislators a chairperson. Vacancies in the commission

shall be filled in the same manner as the original appointment.

16-58-5. Oath of office. -- Each appointed member of the commission, before entering

upon his or her duties, shall take an oath to administer the duties of his or her office faithfully and

impartially, and the oath shall be filed in the office of the secretary of state.

16-58-6. Responsibilities and duties of commission. -- The Rhode Island adult

education commission, on a continuing basis, shall:

(1) Be a leading advocate of adult education in the state; promote the establishment and

development of appropriate programs and services, and the participation in these programs and

services of the consumers for whom they are intended, within communities and throughout the

state; provide relevant advice and consultation to state and local education officials and to all

entities in the delivery system; cooperate with recognized organizations of persons engaged in

adult education; convene and confer with other interested, concerned, and affected parties; serve

as a clearinghouse for the collection and dissemination of information related to adult education

issues, policies, practices, and activities, and undertake any other activities that it shall deem

appropriate;

(2) Ascertain whether the provisions of this title, as they pertain to adult education, are

being properly administered or enforced, whether any of the provisions should be amended or

repealed, and whether any new provisions should be enacted, in order to insure that these laws are

up to date and adequately prescriptive of the state's obligations in the field of adult education over

the foreseeable future;

(3) Undertake a comprehensive study of the delivery of adult education programs and

services in Rhode Island, to include but not necessarily be limited to:

(i) An assessment of the needs and interests of the people who are actual or potential

consumers of adult education;

(ii) A determination of the adequacy of existing programs and services;

(iii) An analysis of the costs of providing adult education programs and services, and a

review of funding, including tuition and fee arrangements, public support, and other actual or

potential financial resources;

(iv) An evaluation of the organization, administration, staffing, and other aspects of the

delivery systems, at state and local levels; and

(v) An appraisal of the communication, cooperation, and coordination among various

agencies and institutions, especially in view of utilizing resources, maintaining availability of and

access to programs and services, and facilitating maximum participation;

(4) Constitute and have all the responsibilities, duties, and powers of the state advisory

council on literacy and adult education, authorized pursuant to the federal Adult Education Act,

20 U.S.C. section 1201 et seq. and the National Literacy Act of 1991, P.L. 102-73, and any

amendments to it, extensions of it, or successor legislation, namely:

(i) Advise the governor, the state board of regents for elementary and secondary

education, the commissioner of elementary and secondary education, and the state director of

adult education on the development of, and policy matters arising in the administration of, the

state plan for adult education;

(ii) Advise the governor, the board, commissioner, and director with respect to long

range planning and studies to evaluate adult education programs, services, and activities assisted

under the Adult Education Act;

(iii) Prepare and submit to the board, commissioner, and director, and to the national

advisory council on adult education established pursuant to the Adult Education Act, an annual

report of its findings and recommendations, accompanied by any additional comments which the

board, commissioner, and director may deem appropriate; and

(5) Report simultaneously to the governor, the general assembly, the state board of

governors for higher education, and the state board of regents for elementary and secondary

education, on or before September 30, annually.

16-58-7. Meetings and quorums. -- The commission shall meet as frequently as it

deems necessary, but not less than four (4) times within the period from May 1 to the subsequent

April 30, annually. Nine (9) of the members present shall constitute a quorum. A majority vote of

a quorum shall be required for any action of the commission.

16-58-8. Officers and staff of commission. -- The officers of the commission shall be a

chairperson, a vice chairperson, and a secretary, elected from among the members at its annual

meeting. The commission may engage any staff as it deems necessary.

16-58-9. Other operations -- Bylaws or rules. -- The commission shall adopt bylaws or

rules to govern other aspects of its operations not specifically prescribed in this chapter, provided

that the bylaws or rules are not inconsistent with applicable federal or state laws.

16-58-10. Relationship within state and local government. -- The actions of the

commission shall be advisory in nature. No provision of this chapter shall constitute the taking

over or limitation of the authority of any other existing department, agency, board, or commission

within state or local government.

16-58-11. Cooperation within state and local government. -- All departments and

agencies of state and local government shall cooperate with the commission by furnishing any

information and advice, documentary and otherwise, as the commission or its agents shall deem

necessary or desirable to facilitate the intent of this chapter.

16-58-12. Financial support. -- The commission shall receive financial support from

funds granted to the state pursuant to the amended federal Adult Education Act, P.L. 100-297, 20

U.S.C. section 1201 et seq., and the National Literacy Act of 1991, P.L. 102-73.

16-58-13. No compensation for members. -- The members of the commission shall

serve without compensation.

     SECTION 2. This act shall take effect upon passage.

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LC01585

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