2000 -- S 2191

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LC01705
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S  T  A  T  E     O  F     R  H  O  D  E     I  S  L  A  N  D    

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2000

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A  N     A   C   T

RELATING TO education

Introduced By:  Senator Jonathan F. Oster Date Introduced:  January 27, 2000 Referred To:  Committee on Health, Education and Welfare

It is enacted by the General Assembly as follows:

SECTION 1. Title 16 of the General Laws entitled "Education" is hereby amended by adding thereto the following chapter:

CHAPTER 11.3
RHODE ISLAND CERTIFICATION BOARD

16-11.3-1. Legislative intent. -- The general assembly recognizes that teaching and the rendering of other professional educational services in the pre K-12 public schools of this state affect the public interest. The general assembly further recognizes the importance of governing the preparation, licensure and regulation of public school teachers through an independent teacher certification board.

16-11.3-2. Definitions. -- (a) "Board" means the Rhode Island teacher certification board established by this chapter.

(b) "School" means any pre K through 12 school supported in whole or in part by public funds.

(c) "Teacher" shall mean a person who is engaged in teaching as his or her principle occupation and is employed as a teacher in the public schools of any city or town in the state, or any formalized, commissioner approved, cooperative service arrangement.

(d) "Administrator" shall mean professionals having the authority in the interest of a local or regional school district or school therein to direct, supervise, advise or manage.

(e) "Approved teacher preparation program" means a preparatory program that meets the standards established by the board and that, upon completion, qualifies its graduates for licensure under this chapter.

16-11.3-3. Rhode Island teacher certification board - Establishment -- Composition. -- (a) There is hereby established a Rhode Island teacher certification board to consist of nine (9) voting members.

Two (2) members shall be public school teachers appointed by the governor from recommendations provided by the president of the Rhode Island federation of teachers and health professionals, one (1) for a three (3) year term and one (1) for a two (2) year term. Two (2) members shall be public school teachers appointed by the governor from recommendations provided by the president of the national education association/RI, one (1) for a three (3) year term and one (1) for a two (2) year term. The four (4) teachers, at the time of appointment or reappointment, shall be employed as public school teachers in the state of Rhode Island.

One (1) member shall be a certified public school principal appointed by the governor for a three (3) year term. The principal, at the time of appointment or reappointment, shall be employed as a public school principal in the state of Rhode Island.

One (1) member shall be a certified superintendent appointed by the governor for a two (2) year term. The superintendent, at the time of appointment or reappointment, shall be employed as a public school superintendent in the state of Rhode Island.

One (1) member shall be a member of the Rhode Island general public appointed by the governor for a one (1) year term.

The commissioner of higher education or his/her designee and the commissioner of elementary and secondary education or his/her designee shall serve as ex-officio members without voting privileges in all proceedings of the board.

(b) Except for ex-officio members, the term of office shall be three (3) years; except that the initial appointments shall be one (1) member for one (1) year, three (3) members for two (2) years and three (3) members for three (3) years. Each member shall serve until a qualified successor is appointed to serve.

(c) The appointing authority may remove any appointee from the board for ineligibility, misconduct or malfeasance in office, or neglect of duty.

(d) The governor shall designate one (1) member of the board to serve as chair until the first regular meeting of the board, at which time the board shall, by a majority vote of its members, elect a chair and a vice chair from among the membership. Thereafter, the chair and vice chair shall be elected at the last regular meeting of each calendar year or as soon thereafter as practicable. They shall hold office for a one (1) year term. The chair and vice chair may be removed from office at any time by a majority of the board's members, in which event the vacancy shall be filled for the unexpired term by a majority vote of the board's members.

(e) The chair shall be presiding officer at meetings of the board and shall be an ex-officio member of all committees established by the board. The vice chair shall perform the duties of the chair in the absence of the chair. The chair and vice chair shall have such powers and duties as may be necessary for the performance of the functions of their offices and determined by the board.

16-11.3-4. Education certification board - Meetings -- Staff. -- (a) The Rhode Island teacher certification board shall hold regular meetings at least once a month, in not fewer than ten (10) months per year. The board shall hold such other special meetings, as may be necessary. Special meetings may be called by the chair or by a petition of at least five (5) members. The purpose of the special meeting shall be announced to all board members at least seventy-two (72) hours in advance of the scheduled meetings. The presence of a majority of members of the board shall constitute a quorum for transaction of business. All meetings of the board shall be open and public, except that the board may call an executive session as provided in chapter 46- of title 42.

(b) The Rhode Island department of elementary and secondary education shall provide adequate office space, supplies, and clerical, professional, and administrative support to carry out the purposes of this chapter.

(c) The provisions of chapter 35 of title 42 ("The Administrative Procedures Act") shall apply to all proceedings conducted under this chapter.

16-11.3-5. Education certification standards board - General powers and duties. -- The board shall have the exclusive authority to:

(1) Establish standards for obtaining and maintaining a certificate of qualifications;

(2) Establish 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) Adopt and revise the rules and regulations consistent with laws as may be necessary to regulate teacher and administrator certification pursuant to the provisions of chapter 16-11;

(4) Recommend to the board of regents for elementary and secondary education standards for teacher and administrator preparation programs in this state and evaluate teacher and administrator preparation programs;

(5) Issue certificates of qualifications to teachers. No person shall be employed to teach in any school supported wholly or in part by public money unless the person shall have the appropriate certificate of qualification issued by the board or a certificate of qualification issued by the state board of regents for elementary and secondary education prior to the effective date of this act;

(6) Prescribe standards for obtaining and maintaining a certificate of qualification;

(7) Promulgate rules and regulations under which a certificate may be suspended or revoked for cause;

(8) Conduct hearings upon charges calling for the suspension or revocation of a certificate;

(9) Issue subpoenas to compel the attendance of witnesses and administer oaths to persons giving testimony at hearings;

(10) Cause the prosecution or enjoinder of all persons violating this chapter;

(11) Submit an annual report to the general assembly and governor.

16-11.3-6. Teacher certification board -- Jurisdiction. -- The Rhode Island education certification board shall assume all responsibility formerly held by the board of regents for elementary and secondary education and the commissioner of education for all certificates issued under chapter 16-11.

16-11.3-7. Approval of teacher preparation programs. -- (a) The board shall be responsible for the evaluation and approval of teacher preparation programs. The board shall establish by rule, standards governing the approval and withdrawal of approval of teacher preparation programs. Such rules shall require:

(1) Notice to affected parties of the standards and process governing approval of teacher preparation programs;

(2) Site visits by a team approved by the board;

(3) Public record of the board's evaluation of teacher preparation programs;

(4) When the board denies approval or withdraws approval from a teacher preparation program, the program and/or its affiliated institution shall be entitled to appeal such denial or withdrawal to the Rhode Island supreme court;

(5) Approval shall expire after a period of not more than five (5) years;

(6) Any approval of a teacher preparation program, which was granted pursuant to the laws of this state prior to passage of this act, shall remain in force until the time for renewal under this chapter, not to exceed five (5) years.

16-11.3-8. Fees. -- The board may assess a fee for initial certification or certificate renewal of not more than ten dollars ($10.00) to be deposited as general revenues.

SECTION 2. This act shall take effect upon passage.

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LC01705
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EXPLANATION
BY THE LEGISLATIVE COUNCIL
OF

A  N     A   C   T

RELATING TO EDUCATION

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This act would establish a Rhode Island education certification board, which would be empowered to issue teacher certifications and would also deal with issues related to teacher certification.

This act would take effect upon passage.


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