2009 -- S 0729

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LC01499

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STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2009

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A N A C T

RELATING TO EDUCATION - SCHOOL COMMITTEES AND SUPERINTENDENTS -

MANAGEMENT RIGHTS OF SCHOOL COMMITTEE

     Introduced By: Senator Leo R. Blais

     Date Introduced: February 26, 2009

     Referred To: Senate Education

It is enacted by the General Assembly as follows:

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

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

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

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

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

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

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     (1) To identify educational needs in the community.

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     (2) To develop education policies to meet the needs of the community. This shall include,

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but not necessarily be limited to, consulting with individual teachers, parents, students and other

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interested persons, and developing and revising curriculum, establishing class sizes, establishing

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academic achievement criteria and methods of measurement.

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

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

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policies, programs, and directives.

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

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

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     (6) To have overall policy responsibility the authority for the employment, assignment

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and discipline of all school department personnel.

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

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

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

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

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

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equipment.

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

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

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

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

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

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

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this chapter shall be construed as invalidating or impairing a contract of a school committee with

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a school superintendent in force on May 12, 1978.

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

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department personnel and the designation and assignment of all personnel within the school

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department.

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

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approve a table of organization, including designating and defining personnel as supervisors that

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hold authority in the interest of the school committee to hire, transfer, suspend, layoff, recall,

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promote, discharge, assign, reward or discipline other employees, or responsibly direct them.

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While a school committee may enter into a collective bargaining agreement with school

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department employees covering hours, salary, working conditions, and other similar matters, no

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such agreement may abrogate the committee's public rights and obligations under this title and

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chapter.

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     (15) To establish standards for the and implement a system of evaluation of personnel

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including teachers, non-certified employees and school administrators, consistent with standards

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established by the board of regents for elementary and secondary education.

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

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      (17) To hear appeals from disciplinary actions.

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      (18) To enter into contracts.

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

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      (20) To establish policies governing curriculum, courses of instruction, and academic

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organization, both within individual schools and within the department, class sizes, text books

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and other instructional materials.

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

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of regents for elementary and secondary education.

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

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regents for elementary and secondary education.

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

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committee may deem appropriate.

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

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

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

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section 16-21-28.

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

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

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

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except where such agreement violates the mandates set forth in this title and chapter.

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     (c) The school committees of each city, town, or regional school district shall have the

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

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employment in the exercise of their governmental functions.

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

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

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

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debt.

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

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

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

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

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

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

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

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

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

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

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

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plan shall be approved by the auditor general.

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     (g) Notwithstanding any other provision of law, whether of general or specific

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application, and notwithstanding any contrary provision of any city or town charter or ordinance,

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the elected school committee of any city, town and regional school district shall be, and is hereby

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authorized to retain the services of such independent legal counsel as it may deem necessary and

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convenient. Any counsel so retained shall be compensated out of funds duly appropriated to the

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school committee, and in no event shall the independent counsel be deemed to be an employee of

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the pertinent city or town for any purpose.

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     SECTION 2. Chapter 16-2 of the General Laws entitled "School Committees and

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Superintendents" is hereby amended by adding thereto the following section:

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      16-2-9.6. Authority of school committee. -- (a) In exercising their powers and duties

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pursuant to this chapter, and in particular, but not limited to, those powers and duties set forth in

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section 16-2-9, the school committees of the several cities and towns shall have authority and are

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expressly authorized to manage the operation of the public schools. Accordingly, the school

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committees are given express management rights to do the following:

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     (1) Develop and revise the school curriculum;

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     (2) Establish class sizes;

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     (3) Establish achievement criteria and measurements;

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     (4) Establish policies governing curriculum;

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     (5) Select textbooks for use in the public schools;

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     (6) Develop courses of instruction;

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     (7) Establish academic organization within the public schools;

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     (8) Select supplies and equipment; and

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     (9) Designate supervisory personnel, including designating and defining personnel as

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supervisors that hold authority in the interest of the school committee to hire, transfer, suspend,

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layoff, recall, promote, discharge, assign, reward, discipline and/or otherwise direct other

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employees.

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     (b) Effective upon the effective date of this article, no school committee shall enter into

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any collective bargaining agreement or contract between a school committee and employees of

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the school district which would nullify or otherwise bargain away the express authority and

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management rights expressly given to the school committees set forth in this section; provided,

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this section shall not be construed to prevent a school committee from either:

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     (1) Delegating management rights to specialized personnel; or

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     (2) Utilizing or employing outside consultants, agents, and/or other individuals or entities

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to assist in the exercise of this management authority.

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     (c) While this section shall not be construed to invalidate any contractual provisions

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contained in any collective bargaining agreement or contract in effect upon the effective date of

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this act, however, no collective bargaining agreement or contract entered into after the effective

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date of this act shall contain any provisions in violation of this section, regardless of whether said

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agreement or contract is deemed to be a new contract, an extension of, a renewal of, or otherwise

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any continuation of a contract or agreement in effect upon the effective date of this act.

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     SECTION 3. This act shall take effect upon passage.

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LC01499

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EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N A C T

RELATING TO EDUCATION - SCHOOL COMMITTEES AND SUPERINTENDENTS -

MANAGEMENT RIGHTS OF SCHOOL COMMITTEE

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     This act would expand and clarify the general powers and duties of school committees.

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     This act would take effect upon passage.

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LC01499

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