Chapter 292
2017 -- S 0885
Enacted 07/26/2017

A N   A C T
RELATING TO EDUCATION -- RHODE ISLAND CERTIFICATION STANDARDS BOARD

Introduced By: Senators Conley, DiPalma, Gallo, Metts, and Satchell
Date Introduced: May 11, 2017

It is enacted by the General Assembly as follows:
     SECTION 1. Section 16-11.4-4 of the General Laws in Chapter 16-11.4 entitled "Rhode
Island Certification Standards Board [See Title 16 Chapter 97 - The Rhode Island Board of
Education Act]" is hereby amended to read as follows:
     16-11.4-4. Policy advisory board on teacher and administrative certification --
General powers and duties.
     The advisory board shall:
     (1) Recommend to the commissioners commissioner of elementary and secondary
education and to the board of regents for council on elementary and secondary education
standards for obtaining and maintaining a certificate of qualifications;
     (2) Recommend to the commissioners commissioner of elementary and secondary
education and to the board of regents for council on elementary and secondary education
standards for the revocation or suspension of a certificate of qualifications and the standards for
the reinstatement of a suspended or revoked certificate of qualifications;
     (3) Recommend to the commissioners commissioner of elementary and secondary
education and to the board of regents for council on elementary and secondary education the
adoption or revision of rules and regulations consistent with law as may be necessary to regulate
teacher and administrator certification pursuant to chapter 11 of this title;
     (4) Recommend to the commissioners commissioner of elementary and secondary
education, commissioner of postsecondary education and to the board of regents for councils on
elementary and secondary education and postsecondary education standards for teacher and
administrator preparation programs in this state and standards for the evaluation of teacher and
administrator preparation programs in this state. The commissioner of elementary and secondary
education and the commissioner of postsecondary education shall provide a report to the
presidents of the Uuniversity of Rhode Island and Rhode Island Ccollege, the president of the
senate and the speaker of the house of representatives that outlines the recommendations of the
advisory board and what, if any, action was taken by October 31, 2017.
     SECTION 2. Section 16-60-4 of the General Laws in Chapter 16-60 entitled "Board of
Regents for Elementary and Secondary Education [See Title 16 Chapter 97 - The Rhode Island
Board of Education Act]" is hereby amended to read as follows:
     16-60-4. Council on elementary and secondary education -- Powers and duties.
     (a) The Ccouncil on Eelementary and Ssecondary Eeducation shall have in addition to
those enumerated in § 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 implementing the broad goals and objectives for elementary
and secondary education in the state that have been established by the board of education. 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 council on elementary and secondary
education shall continually evaluate the efforts and results of education in the light of these
objectives.;
     (3) 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 (a)(8) of this section. The council on elementary and secondary education 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 council on elementary and secondary education
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 § 35-3-4, a total
educational budget for the elementary and secondary sector which that 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. Prior to submitting the budget as
required by the budget office instructions and this subsection, the council shall present the budget
to the board of education for review and approval.; and
     (ii) In the preparation of the budget, the council on elementary and secondary education
shall implement the priorities established by the board of education 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 § 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 §§ 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 council the power to establish subcommittees or agencies performing
the duties and functions of local school committees except as provided in § 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 that previously were vested in
the board of regents for education, under the provisions of former § 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 council on elementary and secondary education 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 that 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 § 16-24-2.; and
     (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 council on elementary and secondary education 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 council on elementary
and secondary education 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 council on 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 § 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) 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 council; 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 council on elementary and
secondary education concerning broad economic, cultural, and social needs that the education
system needs to consider which the board council shall address in developing educational plans
and programs.;
     (19) Appoint a standing committee that will develop a schedule to systematically review
all council policies over a three-(3) year (3) 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.;
     (C) Placements to alternative programs for disciplinary reasons.;
     (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 §§ 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.; and
     (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 council on
elementary and secondary education to assist in the preparation of the council's 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; and
     (ix) Number of student suspensions and teacher grievances and the amount of parental
involvement.
     (23) [Deleted by P.L. 2014, ch. 145, art. 20, § 7].
     (b) The council shall identify the benefit to students regarding the action that is taken in
executing its duties.
     SECTION 3. This act shall take effect upon passage.
========
LC002669
========