2012 -- S 2077

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LC00183

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STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2012

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A N A C T

RELATING TO EDUCATION

     Introduced By: Senators DeVall, Crowley, DiPalma, Gallo, and Picard

     Date Introduced: January 18, 2012

     Referred To: Senate Education

It is enacted by the General Assembly as follows:

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     SECTION 1. Section 16-1-5 of the General Laws in Chapter 16-1 entitled "State

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Department of Elementary and Secondary Education" is hereby amended to read as follows:

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     16-1-5. Duties of commissioner of elementary and secondary education. -- It shall be

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the duty of the commissioner of elementary and secondary education:

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      (1) To carry out the policies and program formulated by the board of regents for

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elementary and secondary education.

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      (2) To evaluate credentials of applicants for certificates, to verify that the certification of

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teachers is in accordance with law and established standards, and to issue certificates at the

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direction of the board.

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      (3) To certify the approval of accredited schools.

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      (4) To recommend to the board an outline of the subjects and courses of study and the

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instructional standards for elementary and secondary schools.

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      (5) To approve the distribution of state school funds in accordance with law and the

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regulations of the board.

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      (6) To verify that school sites and school building plans are in accordance with law and

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regulations.

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      (7) To exercise supervision over school libraries and library services.

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      (8) To certify that school bus routes and schedules and all contracts for pupil

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transportation conform with provisions of law and the rules and regulations of the board.

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      (9) To require the observance of all laws relating to schools and education.

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      (10) To interpret school law and to decide such controversies as may be appealed to the

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commissioner from decisions of local school committees.

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      (11) To prepare and recommend standard forms for the use of local schools.

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      (12) (i) To prepare, with the assistance of the department of administration, manuals of

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uniform budgetary and standard financial records and procedures for local school officers. The

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board of regents shall adopt uniform local school budgeting procedures no later than July 1, 1989,

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and those procedures should include, at a minimum, the following:

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      (A) Provision for uniform classification of revenues and expenditures;

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      (B) Requirements of detailed expenditure estimates and a table of organization including

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the proposed staffing of each school;

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      (C) Estimates of receipts and expenditures for the last two (2) completed fiscal years, the

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current and ensuing fiscal years; and

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      (ii) To carry out the purpose of this subsection a sum of ten thousand dollars ($10,000)

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not otherwise appropriated shall be included in the appropriation made to support the department

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of elementary and secondary education.

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      (13) To receive general supervision from the board of regents for elementary and

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secondary education and to appoint the several officers and employees of the department subject

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to the provisions of the State Merit System Act, chapters 3 and 4 of title 36.

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      (14) To establish health education, alcohol and substance abuse programs for students in

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grades kindergarten (K) through twelve (12), in accordance with section 35-4-18. The program

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will consist of the following: A mandated state health education, alcohol and substance abuse,

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curriculum for grades kindergarten (K) through twelve (12), a mandated assessment program in

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the areas of health, fitness, alcohol and substance abuse, and an in-service training program which

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will be developed specifically for the implementation of the mandated curriculum.

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      (15) (i) To appoint a three (3) member committee for the purpose of choosing a "teacher

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of the year" among teachers in public school grades kindergarten (K) through twelve (12). The

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"teacher of the year" shall receive an award of one thousand dollars ($1,000).

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      (ii) It is the intent of the general assembly that the funds necessary to carry out the

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provisions of this subdivision shall be provided within the annual appropriations act.

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     (16) To create a high-quality summer learning demonstration project whose guidelines

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are consistent with the findings of the joint legislative taskforce on summer learning, oversee a

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competitive award process that relies on a request of Request For Proposals (RFP) from local

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education agencies and at least one community based organization, and develop a mechanism for

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evaluating each successfully funded program in the overall demonstration project as a whole.

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     SECTION 2. Sections 16-8-9 and 16-8-10.1 of the General Laws in Chapter 16-8 entitled

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"Federal Aid" are hereby amended to read as follows:

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     16-8-9. Administration of program. -- The department of elementary and secondary

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education may enter into any agreements, with any agency of the federal government, with any

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school board, or with any other agency or person, prescribe any regulations, employ any

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personnel, and take any action, that it may deem necessary to provide for the establishment,

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maintenance, operation, and expansion of any school lunch program, and to direct the

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disbursement of federal and state funds in accordance with existing provisions of the federal and

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state laws. The department of elementary and secondary education may give technical advice and

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assistance to any school board in connection with the establishment and operation of any school

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lunch program and may assist in training personnel engaged in the operation of these programs.

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The department of elementary and secondary education may accept any gift for use in connection

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with any school lunch program. The department of education may encourage school districts to

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provide lunch to students who attend high-quality summer programs.

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     16-8-10.1. Mandatory school breakfast programs. -- (a) All public schools shall make

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a breakfast program available to students attending the school. The breakfast meal shall meet any

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rules and regulations that are adopted by the commissioner.

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      (b) The state of Rhode Island shall provide school districts a per breakfast subsidy for

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each breakfast served to students. The general assembly shall annually appropriate some sum and

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distribute it based on each district's proportion of the number of breakfasts served in the prior

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school year relative to the statewide total in the same year. This subsidy shall augment the

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nonprofit school food service account and be used for expenses incurred in providing nutritious

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breakfast meals to students.

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     (c) The department of education may encourage school districts to provide breakfast to

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students who attend high-quality summer programs.

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     SECTION 3. Sections 16-60-4 and 16-60-6 of the General Laws in Chapter 16-60

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entitled "Board of Regents for Elementary and Secondary Education" are hereby amended to read

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as follows:

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     16-60-4. Board of regents for elementary and secondary education -- Powers and

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duties. -- The board of regents for elementary and secondary education shall have in addition to

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those enumerated in section 16-60-1, the following powers and duties:

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      (1) To approve a systematic program of information gathering, processing, and analysis

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addressed to every aspect of elementary and secondary education in this state especially as that

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information relates to current and future educational needs so that current needs may be met with

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reasonable promptness and plans formulated to meet future needs as they arise in the most

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efficient and economical manner possible.

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      (2) To approve a master plan defining broad goals and objectives for elementary and

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secondary education in the state. These goals and objectives shall be expressed in terms of what

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men and women should know and be able to do as a result of their educational experience. The

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regents shall continually evaluate the efforts and results of education in the light of these

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objectives.

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      (3) To formulate broad policy to implement the goals and objectives established and

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adopted by the board of regents; to adopt standards and require enforcement and to exercise

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general supervision over all elementary and secondary public and nonpublic education in the state

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as provided in subdivision (8) of this section. The board of regents shall not engage in the

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operation or administration of any subordinate committee, local school district, school, school

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service, or school program, except its own department of elementary and secondary education,

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and except as specifically authorized by an act of the general assembly. The adoption and

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submittal of the budget and the allocation of appropriations, the acquisition, holding, disposition,

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and general management of property shall not be construed to come within the purview of the

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preceding prohibition. The regents shall communicate with and seek the advice of the

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commissioner of elementary and secondary education and all those concerned with and affected

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by its determinations as a regular procedure in arriving at its conclusions and in setting its policy.

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      (4) To allocate and coordinate the various educational functions among the educational

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agencies of the state and local school districts and to promote cooperation among them so that

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maximum efficiency and economy shall be achieved.

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      (5) (i) To prepare with the assistance of the commissioner of elementary and secondary

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education and to present annually to the state budget officer, in accordance with section 35-3-4, a

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total educational budget for the elementary and secondary sector which shall include, but not be

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limited to, the budgets of the department of elementary and secondary education, subordinate

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boards and agencies, and state aid to local school districts.

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      (ii) In the preparation of the budget, the regents shall determine priorities of expenditures

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for elementary and secondary education purposes of state revenues and other public resources

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made available for the support of public elementary and secondary education among the various

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education agencies of the state. Nothing contained in this section shall authorize any individual or

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group of individuals to reallocate resources in a manner other than that prescribed in the budget as

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appropriations by the general assembly.

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      (6) To maintain a department of elementary and secondary education, to provide for its

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staffing and organization and to appoint a commissioner of elementary and secondary education

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pursuant to section 16-60-6 who shall serve at its pleasure. The commissioner of elementary and

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secondary education and the department of elementary and secondary education shall have any

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duties and responsibilities as defined in sections 16-60-6 and 16-60-7.

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      (7) To establish other educational agencies or subcommittees necessary or desirable for

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the conduct of any or all aspects of elementary and secondary education and to determine all

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powers, functions, and composition of any agencies or subcommittees and to dissolve them when

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their purpose shall have been fulfilled; provided that nothing contained in this subdivision shall

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be construed to grant the regents the power to establish subcommittees or agencies performing the

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duties and functions of local school committees except as provided in section 16-1-10.

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      (8) To exercise the authority previously vested in the board of regents for education with

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relation to secondary nonpublic educational institutions within the state under the terms of

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chapter 40 of this title and other laws affecting nonpublic education in the state, and to cause the

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department of elementary and secondary education to administer the provisions of that section.

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      (9) To exercise all the functions, powers and duties which previously were vested in the

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board of regents for education, under the provisions of former section 16-49-4(9), including but

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not limited to the following specific functions:

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      (i) To approve the basic subjects and courses of study to be taught and instructional

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standards required to be maintained in the public elementary and secondary schools of the state.

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      (ii) To adopt standards and qualifications for the certification of teachers and to provide

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for the issuance of certificates, and to establish fees for the certification of teachers. The fees

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collected for the certification of teachers along with various education licensing and testing fees

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shall be deposited by the board of regents as general revenues. The funds appropriated by the

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general assembly shall be utilized by the department of elementary and secondary education to

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establish and support programs which enhance the quality and diversity of the teaching

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profession. The commissioner of elementary and secondary education shall regularly make

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recommendations to the board about specific programs and projects to be supported by those

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funds. The commissioner shall oversee the funds, assess the effectiveness of its programs and

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projects, and make recommendations about the general use and operation of the funds to the

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board.

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      (iii) To be responsible for the distribution of state school funds.

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      (iv) To determine the necessity of school construction and to approve standards for

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design and construction of school buildings throughout the state.

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      (v) To set standards for school libraries and school library services.

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      (vi) To make recommendations relative to transportation of pupils to school, school bus

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routes, time schedules, and other matters relating to pupil transportation.

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      (vii) To enforce the provisions of all laws relating to elementary and secondary

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education.

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      (viii) To decide and determine appeals from decisions of the commissioner.

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      (ix) To prescribe forms for the use of local school committees and local officers when

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reporting to the department of elementary and secondary education.

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      (x) To adopt and require standard accounting procedures for local school districts, except

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as provided for in subdivision (3) of section 16-24-2.

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      (xi) To adopt and require standard uniform operating and capital budgeting procedures

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for local school districts.

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     (xii) To make recommendations that strengthen the linkages between schools and

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summer learning programs.

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      (10) To establish rules for the approval and accrediting of elementary and secondary

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schools.

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      (11) To recommend to the general assembly changes in the size and number of the

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school districts within the state; and to make any further and other recommendations to the

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general assembly as the board of regents may determine to be necessary or desirable, including,

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but not limited to, proposals for incentives for the coordination of services and facilities of certain

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school districts and the feasibility of granting taxing authority to local school committees upon

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their request, and the impact upon the quality of education within that particular community by

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granting the request. In carrying out this duty, the board of regents shall periodically issue reports

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in school district organizations for selected regions and school districts.

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      (12) To exercise all other powers with relation to the field of elementary and secondary

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education within this state not specifically granted to any other department, board, or agency, and

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not incompatible with law, which the board of regents for elementary and secondary education

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may deem advisable.

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      (13) To exercise the authority previously vested in the board of regents for education

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with relation to adult education as defined in section 16-58-2 and to establish definitive goals for

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and operate a comprehensive delivery system for adult education programs and services,

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including the counseling and testing of persons interested in obtaining high school equivalency

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diplomas, the issuance of diplomas, and the maintenance of a permanent record of applications,

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tests, and equivalency diplomas.

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      (14) To promote maximum efficiency and economy in the delivery of elementary and

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secondary educational services in the state.

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      (15) To approve a training program for school committee members to enhance their

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individual skills and their effectiveness as a corporate body. The training program should include,

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but not be limited to, the following roles and responsibilities of school committees: strategic

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planning, human and community relations, and school finance and budgeting.

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      (16) Within ninety (90) days after the end of each fiscal year, the board shall submit an

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annual report to the governor, the speaker of the house of representatives, and the president of the

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senate of its activities during that fiscal year. The report shall provide: an operating statement

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summarizing meetings or hearings held, subjects addressed, decisions rendered, rules or

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regulations promulgated, studies conducted, policies and plans developed, approved, or modified,

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and programs administered or initiated; a consolidated financial statement of all funds received

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and expended including the source of the funds, a listing of any staff supported by these funds,

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and a summary of any clerical, administrative or technical support received; a summary of

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performance during the previous fiscal year including accomplishments, shortcomings and

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remedies; a synopsis of hearings, complaints, suspensions, or other legal matters related to the

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authority of the board; a briefing on anticipated activities in the upcoming fiscal year; and

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findings and recommendations for improvements. The director of the department of

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administration shall be responsible for the enforcement of the provisions of this subsection.

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      (17) To prepare with the assistance of the commissioner a multi-year plan of priority

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educational goals and objectives. This plan should recommend policy objectives, implementation

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strategies, and a timetable for major policy initiatives.

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      (18) Each year the governor shall by writing notify the board of regents for elementary

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and secondary education concerning broad economic, cultural, and social needs that the education

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system needs to consider which the board shall address in developing educational plans and

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programs.

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      (19) Appoint a standing committee that will develop a schedule to systematically review

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all board policies over a three (3) year period.

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      (20) To prepare with the assistance of the commissioner a statement of regulatory policy.

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This policy should set forth the goals and objectives of state regulations which are expressed in

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terms of what educational inputs and outputs the board expects regulations to address.

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      (21) (i) To prepare with the assistance of the commissioner of elementary and secondary

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education and to present annually to the general assembly by January 1 a report on school

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discipline in Rhode Island schools. This report shall include:

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      (A) Expulsions by district, including duration and the reason for each action.

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      (B) Suspensions by district, including duration and the reason for each action.

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      (C) Placements to alternative programs for disciplinary reasons.

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      (D) Assaults of teachers, students, and school staff by students.

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      (E) Incidents involving possession of weapons on school property. For the purpose of

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this section, a weapon shall be considered any of those weapons described in sections 11-47-2

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and 11-47-42.

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      (F) Incidents of the sale of controlled substances by students.

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      (G) Incidents of the possession with the intent to sell controlled substances by students.

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      (H) Additional demographic information including, but not limited to, the ethnic and

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racial classifications, age, and gender, as prescribed by the commissioner, of each of the students

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involved in the incidents, events or actions described in subparagraphs (A) through (G) of this

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subdivision.

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      (I) A description of the education program provided to each student suspended for over

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ten (10) consecutive school days in a school year.

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      (ii) All school superintendents shall supply the necessary information on forms

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established by the commissioner of elementary and secondary education to the board of regents to

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assist in the preparation of the board of regents' report on school discipline.

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      (22) To prepare and promulgate a uniform statewide school reporting system which

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would provide information including, but not limited to, the following:

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      (i) Student and teacher attendance rates;

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      (ii) Standardized test scores;

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      (iii) Demographic profiles;

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      (iv) Results of polls of students, parents, and teachers;

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      (v) Descriptions of goals, initiatives, and achievements;

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      (vi) Best teaching practices;

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      (vii) Alternative student assessments;

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      (viii) Special programs;

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      (ix) Number of student suspensions and teacher grievances and the amount of parental

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involvement.

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      (23) The board shall conduct a training course for newly appointed and qualified

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members within six (6) months of their qualification. The course shall be developed by the

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chairperson of the board, approved by the board, and conducted by the chairperson of the board.

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The board may approve the use of any board or staff members or other individuals to assist with

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training. The training course shall include instruction in the following areas: the provisions of

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chapters 42-46, 36-14, and 38-2; and the board's own rules. The director of the department of

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administration shall, within ninety (90) days of the effective date of this act, prepare and

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disseminate training materials relating to the provisions of chapters 42-46, 36-14, and 38-2.

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     16-60-6. Commissioner of elementary and secondary education. -- The regents shall

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appoint a commissioner of elementary and secondary education who shall serve at the pleasure of

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the regents, provided that the commissioner's initial engagement by the regents shall be for a

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period of not more than three (3) years. For the purpose of appointing, retaining, or dismissing a

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commissioner, the governor shall serve as an additional voting member of the board of regents,

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and provided that in the case of a tie, the president of the senate shall cast the deciding vote. The

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position of commissioner shall be in the unclassified service of the state and he or she shall serve

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as the chief executive officer of the board of regents and as the chief administrative officer of the

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department of elementary and secondary education. The commissioner of elementary and

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secondary education shall have the duties that are defined in this section and in this title and any

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other additional duties that may be determined by the regents, and shall perform any other duties

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that may be vested in the commissioner by law. In addition to the general supervision of the

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department of elementary and secondary education and the appointment of the several officers

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and employees of the department, it shall be the duty of the commissioner of elementary and

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secondary education:

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      (1) To develop and implement a systematic program of information gathering,

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processing, and analysis addressed to every aspect of elementary and secondary education in the

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state, especially as that information relates to current and future educational needs.

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      (2) To prepare a master plan for elementary and secondary education in the state; to

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coordinate the goals and objectives of the public elementary and secondary education sector with

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the activities of the nonpublic elementary and secondary education sector where feasible.

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      (3) To communicate with and seek the advice of those concerned with and affected by

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the board of regents' determinations.

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      (4) To implement broad policy as it pertains to the goals and objectives established by

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the regents; to enforce standards and to exercise general supervision over public elementary and

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secondary education in the state and over all elementary and secondary nonpublic education in

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the state as provided in subdivision (8) of this section; to assist in the preparation of the budget

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for elementary and secondary education and to be responsible upon direction of the regents for

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the allocation of appropriations, the acquisition, holding, disposition, and general management of

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property.

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      (5) To be responsible for the coordination of the various elementary and secondary

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educational functions among the educational agencies of the state including local school districts

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and to encourage and to assist in the cooperation among them so that maximum efficiency and

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economy may be achieved.

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      (6) To assist the regents in the preparation and presentation annually to the state budget

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officer, in accordance with section 35-3-4, of a total state elementary and secondary educational

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budget which shall include, but not be limited to, the budget of the department of elementary and

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secondary education, subcommittees and agencies, and state aid to local school districts.

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      (7) To supervise the operation of the department of elementary and secondary education,

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to have the duties as defined in section 16-1-5 and in this title or in law wherever outlined, and

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other additional duties and responsibilities that may be assigned by the regents.

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      (8) To perform the duties vested in the board of regents with relation to nonpublic

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elementary and secondary educational institutions within the state under the terms of chapter 40

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of this title, and other laws that affect nonpublic elementary and secondary education in the state.

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      (9) To supervise the following specific functions:

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      (i) To recommend the basic subjects and courses of study to be taught and instructional

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standards to be maintained in the public elementary and secondary schools in the state.

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      (ii) To recommend standards and qualifications of teachers and to issue certificates upon

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approval of standards and qualifications by the regents.

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      (iii) To distribute state school funds in accordance with law and regulations of the board

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of regents.

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      (iv) To certify as to the necessity of school construction and that standards and design

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are in accordance with law and regulations of the regents and to approve a design for school

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construction throughout the state.

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      (v) To certify that school library standards and services are in accordance with law and

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regulations of the board of regents.

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      (vi) To recommend to the board of regents matters relating to the transportation of pupils

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to school.

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      (vii) To require the observance of all laws relating to elementary and secondary schools

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and education.

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      (viii) To interpret school law and to decide any controversies that may be appealed to

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him or her from decisions of local school committees.

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      (ix) To prepare and recommend standard forms for the use of local schools when

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reporting to the department of elementary and secondary education.

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      (x) To prepare standard accounting and auditing procedures for local school districts,

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except for the purposes of subdivision (3) of section 16-24-2 which shall be done in conjunction

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with the auditor general.

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      (xi) To prepare uniform budgeting procedures for local school districts.

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      (xii) To determine when special purpose grants made to local school districts shall be

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eligible for reimbursement through the school operations aid formula in accordance with chapter

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7 of this title, and to designate the purpose(s) for which the local school district may use the

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school operations aid reimbursement, including reimbursement on local matching funds used to

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support the special purpose grant. The commissioner shall promulgate and adopt rules and

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regulations to carry out the intent of this subsection.

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     (xiii) To create a high-quality summer learning demonstration project whose guidelines

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are consistent with the findings of the joint legislative taskforce on summer learning, oversee a

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competitive award process that relies on a Request For Proposals (RFP) from local education

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agencies and at least one community based organization, and develop a mechanism for evaluating

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each successfully funded program and the overall demonstration project as a whole.

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      (10) To approve and accredit elementary and secondary schools in accordance with the

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policy and regulations of the board of regents.

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      (11) To be responsible for the administration of policies, rules, and regulations of the

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board of regents with relation to the entire field of elementary and secondary education within the

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state not specifically granted to any other department, board, or agency and not incompatible with

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law.

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      (12) To receive from law enforcement agencies a list periodically of the names of Rhode

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Island missing children and to disseminate these lists to local school districts.

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     SECTION 4. Section 16-73-2 of the General Laws in Chapter 16-73 entitled "Education -

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Social Services" is hereby amended to read as follows:

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     16-73-2. Creation of plan. -- The commissioner of elementary and secondary education,

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under the direction of the board of regents for elementary and secondary education, and in

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cooperation with directors of the departments of health, administration, children, youth, and

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families, mental health, retardation, and hospitals, and the office of higher education (after this

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referred to as the children's cabinet) shall develop a strategic plan for creating "child opportunity

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zones" as a means to deliver comprehensive and coordinated social services at or near public

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school sites, and pursuant to this, undertake activities including but not limited to the award of

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demonstration, planning, and training grants. Where feasible and appropriate, such plans may

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include programs that are designed to strengthen school links with high-quality summer learning

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programs.

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     SECTION 5. Section 16-22-23 of the General Laws in Chapter 16-22 entitled

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"Curriculum" is hereby amended to read as follows:

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     16-22-23. Mathematics, English/Language Arts, and Science. -- (a) The board of

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regents for elementary and secondary education shall select and/or develop a statewide

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curriculum (i) in Mathematics and English/Language Arts for students in grades kindergarten (k)

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through twelve (12) by August 31, 2006 and (ii) in Science for students in grades kindergarten (k)

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through twelve (12) by August 31, 2008.

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      (b) The curriculum selected and/or developed by the board of regents shall:

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      (1) Be aligned with state standards and assessments utilized by the state department of

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elementary and secondary education;

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      (2) Contain sufficient detail to guide teachers in planning lessons aligned with state

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standards and assessments.

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     (3) Include materials, resources, and suggestions that would link students’ studies during

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the academic year with activities that take place in high-quality summer learning programs.

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      (c) By November 1, 2006, the commissioner of elementary and secondary education

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shall prepare an outline for development and implementation of the science curriculum utilizing

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appropriate groups and then shall convene a science curriculum advisory committee for the

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purpose of developing recommended curriculum to the board of regents for elementary and

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secondary education. The science advisory committee shall include teachers, representatives of

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teacher unions, administrators, curriculum directors, school committee members, and experts

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designated by the commissioner.

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     SECTION 6. Section 16-88-3 of the General Laws in Chapter 16-88 entitled "Rhode

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Island After School and Summer Learning Program Act" is hereby amended to read as follows:

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     16-88-3. Planning phase for a demonstration afterschool and summer learning

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program. -- (a) The Rhode Island department of elementary and secondary education shall begin

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planning an initial, demonstration after school and summer learning program that meets high

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quality standards, is age/grade appropriate, runs programming during the hours of 3:00 p.m.

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through 6:00 p.m. during the week, promotes the healthy development of youth, connects to the

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school day, builds on the existing after school and summer learning infrastructure in the state

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(including child care, 21st century community learning centers program, child opportunity zones,

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community-based organizations and public schools), incorporates experiential learning,

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social/emotional development and project-based activities and serves all children and youth from

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kindergarten to 12th grade with an emphasis on children and youth who attend high poverty, low

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performing schools. This planning phase will develop specific goals to expand the demonstration

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after school and summer learning program over time and will also identify opportunities to

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strengthen learning opportunities for children and youth.

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      (b) During this planning phase, the Rhode Island department of elementary and

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secondary education will: (1) Quantify the resources needed to achieve and maintain high quality

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standards based on existing quality standards in after school and summer learning programs; (2)

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Identify incentives and supports to develop a qualified workforce, including opportunities for

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professional development, planning time and staff development.

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      (c) The Rhode Island department of elementary and secondary education will begin to

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develop plans to collect and analyze data regarding the impact of the demonstration after school

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and summer learning program on participating children's school achievement, behavior during

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school hours and social/emotional development.

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     (d) Out of any money in the general fund not otherwise appropriated, the sum of five

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hundred thousand dollars ($500,000) is hereby appropriated for the purpose of implementing the

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recommendations contained in the final draft report to the legislature of the Rhode Island

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department of education regarding after school and summer learning programs to be expended in

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the operation of a demonstration project or projects.

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     SECTION 7. This act shall take effect upon passage.

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LC00183

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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 enable the department of education to implement its final report on the

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creation of a demonstration program for after school and summer learning for Rhode Island

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school children. This act would provide funding for the operation of that demonstration program.

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     This act would take effect upon passage.

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LC00183

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