| Chapter 374 |
| 2023 -- S 0182 SUBSTITUTE A Enacted 06/27/2023 |
| A N A C T |
| RELATING TO EDUCATION -- COUNCIL ON ELEMENTARY AND SECONDARY EDUCATION |
Introduced By: Senators DiMario, Euer, Gallo, Lawson, Acosta, Lauria, Valverde, DiPalma, Picard, and Pearson |
| Date Introduced: February 16, 2023 |
| It is enacted by the General Assembly as follows: |
| SECTION 1. Section 16-60-2 of the General Laws in Chapter 16-60 entitled "Council on |
| Elementary and Secondary Education [See Title 16 Chapter 97 — The Rhode Island Board of |
| Education Act]" is hereby amended to read as follows: |
| 16-60-2. Appointment of board members. |
| (a) The governor shall establish the council on elementary and secondary education by |
| appointing eight (8) members of the board of education established pursuant to chapter 97 of this |
| title to serve as members of the council until the expiration of their term and appointment of their |
| successor as a member of the board of education. The chair of the board of education shall serve |
| on the council in a voting, ex-officio capacity. Five (5) voting members of the council shall |
| constitute a quorum and the vote of the majority of those present and voting shall be required for |
| action. The governor shall appoint the chair of the council on an annual basis from among the eight |
| (8) council members. |
| (b) In addition to the eight (8) members appointed by the governor, the Rhode Island |
| teacher of the year shall serve on the council on elementary and secondary education pursuant to § |
| 16-97-1(c) and (d). |
| (b)(c) No person shall be eligible for appointment to the board after the effective date of |
| this act [March 24, 2006] unless he or she is a resident of this state, with the exception of the |
| individual serving in the ex officio seat as Rhode Island teacher of the year. |
| (c)(d) There is hereby established a student advisory council to the council on elementary |
| and secondary education, consisting of one elected high school student representative from each |
| public secondary school in the state of Rhode Island. |
| (1) Each public secondary school shall hold elections for its representative to the student |
| advisory council no earlier than the first (1st) day of March and no later than the end of the second |
| (2nd) full week of April. Each school shall elect only one representative. Elected members shall be |
| notified of their election on or before the Friday of the third (3rd) week of April of the year of their |
| election. No person shall be eligible to be elected to the student advisory council unless at the time |
| of his or her election he or she is enrolled as a student in a secondary school between the grades of |
| nine (9) and eleven (11) within the state of Rhode Island. No person shall be allowed to vote if they |
| are not currently enrolled in a Rhode Island public secondary school between the grades of nine (9) |
| and eleven (11). If at any time during his or her term of office a member of the student advisory |
| council ceases to be so enrolled, his or her membership shall be terminated and his or her position |
| shall be deemed vacant. This vacancy shall be filled by the public secondary school within thirty |
| (30) school days of the opening of the vacancy. |
| (2) The student advisory council will serve from the first (1st) day of May of the year it is |
| elected until the last day of April of the following year. A student may serve no more than three (3) |
| terms. |
| (3) Said student advisory council shall meet from time to time and shall consider such |
| matters as it deems appropriate. |
| (4) Prior to the first (1st) day of June of each annual session the student advisory council |
| shall adopt a set of bylaws. |
| (5) Members of the council shall not be compensated for service in attending meetings |
| except that they shall be reimbursed for necessary expenses incurred in travelling traveling to and |
| from meetings. |
| (6) The members of said student advisory council shall, by majority vote prior to the first |
| (1st) day of June in each year, elect from their members a chairperson who shall serve for a term |
| of one year beginning on the first (1st) day of June. Said chairperson shall serve as an ex officio |
| and nonvoting member of the council for a term of one year, unless the student advisory council |
| removes said chairperson from his or her position in a manner described within the bylaws of that |
| council. |
| SECTION 2. Section 16-97-1 of the General Laws in Chapter 16-97 entitled "The Rhode |
| Island Board of Education Act" is hereby amended to read as follows: |
| 16-97-1. Rhode Island board of education established. |
| (a) Effective January 1, 2013, there is created a board of education that shall be responsible |
| for and shall exercise the purposes, powers, and duties of, this chapter and chapters 59 and 60 of |
| this title. The board is responsible for the coordination of education from pre-kK through higher |
| education and shall set goals and policies for the effective coordination of these public education |
| systems. |
| (b) The board of education shall consist of seventeen (17) public members appointed by |
| the governor with the advice and consent of the senate, eight (8) of whom shall be designated to |
| serve on the council on elementary and secondary education and eight (8) of whom shall be |
| designated to serve on the council on postsecondary education. The chairperson of the board shall |
| serve as a member of both councils. Six (6) of the members initially appointed pursuant to this |
| section shall serve terms of three (3) years; six (6) members initially appointed pursuant to this |
| section shall serve terms of two (2) years; and, four (4) members initially appointed pursuant to this |
| section shall serve terms of one year. To the greatest extent possible, the initial staggered terms |
| shall be equitably divided among the councils so as to protect against sudden changes in |
| membership and reversal of policy. Thereafter, all members appointed pursuant to this section shall |
| serve terms of three (3) years. At the expiration of their terms, members shall remain and continue |
| in their official capacity until their successor is appointed and qualified. Members shall not be |
| appointed to more than three (3), successive three-year (3) terms each; provided that the chair of |
| the board shall have no term and shall serve at the pleasure of the governor. Any vacancy among |
| the 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 the board, the governor shall seek persons who |
| best serve the needs of the entire state. No person shall be eligible for appointment to the board |
| after the effective date of this act unless a resident of this state. Members of the board shall not be |
| compensated for their service in attending board or council meetings. |
| (c) The chair of the Governor’s workforce board, or designee; the chair of the Rhode Island |
| commerce corporation, or designee; and the chair of the university of Rhode Island board of |
| trustees, or designee,; and the Rhode Island teacher of the year shall serve as non-voting, ex-officio |
| members of the board. |
| (d) The Rhode Island teacher of the year shall serve on the board for one year, beginning |
| after their term as teacher of the year has expired. If the teacher of the year is unable or unwilling |
| to serve, a former Rhode Island teacher of the year may be selected to serve on the board by the |
| commissioner of elementary and secondary education; provided that, the individual is still teaching |
| in Rhode Island public schools. |
| (d)(e) The governor shall select from the appointed members a chairperson and vice |
| chairperson. A quorum shall consist of nine (9) members of the board. A majority vote of those |
| present shall be required for action. |
| (e)(f) Except as provided by subsection (b) of this section, members of the board shall be |
| removable by the governor for cause only. Removal solely for partisan or personal reasons |
| unrelated to performance, capacity, or fitness for the office shall be unlawful. |
| (f)(g) The statutory responsibilities of the department of elementary and secondary |
| education, the commissioner of elementary and secondary education, and the commissioner of |
| postsecondary education shall remain unchanged. |
| (g)(h) The chair of the board of education shall consult with the chairs of the council on |
| elementary and secondary education, the council on postsecondary education, the commissioner of |
| elementary and secondary education, and the commissioner of postsecondary education in |
| developing agendas, goals, policies, and strategic plans for the board. |
| SECTION 3. This act shall take effect upon passage. |
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| LC001443/SUB A |
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