2013 -- H 5342

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LC00622

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STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2013

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A N A C T

RELATING TO EDUCATION -- SCHOOL COMMITTEES AND SUPERINTENDANTS

     Introduced By: Representatives Morgan, Chippendale, Trillo, Giarrusso, and Costa

     Date Introduced: February 07, 2013

     Referred To: House Labor

It is enacted by the General Assembly as follows:

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     SECTION 1. Sections 16-2-9 and 16-2-21.4 of the General Laws in Chapter 16-2 entitled

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"School Committees and Superintendents" are 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.

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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 for the employment and discipline of school

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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

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

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

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contained in this chapter shall be construed as invalidating or impairing a contract of a school

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committee with 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.

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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.

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      (15) To establish standards for the evaluation of personnel.

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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; provided, however, that notwithstanding any other provision

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of the general or public laws, whether of specific or general application, and notwithstanding the

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provisions of any charter of any municipality where the school committee is appointed and not

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elected, but not including, the Central Falls school district board of trustees established by section

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16-2-34, the power and duty to enter into collective bargaining agreements shall be vested in the

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chief executive officer of the municipality and not in the school committee that no collective

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bargaining agreement between the city or town and any labor organization, or any employment

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contract with any individual employed by a school department, shall become effective unless and

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until ratified by the city or town council.

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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 text books.

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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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      (26) To annually undertake a minimum of six (6) hours of professional development as

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set forth and described in section 16-2-5.1.

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

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chief executive officer of any municipality having an appointed school committee, 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 and also submitted to the division of municipal

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finance.

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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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     16-2-21.4. School budgets -- Compliance with certain requirements. -- (a)

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Notwithstanding any provision of the general or public laws to the contrary, whenever a city,

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town, or regional school committee determines that its budget is insufficient to comply with the

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provisions of section 16-2-21, 16-7-23, or 16-7-24, the city, town, or regional school committee

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shall adhere to the appropriated budget or the provisions of section 16-2-23 in the absence of an

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appropriated budget. The chairperson of the city, town, or regional school committee, in

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accordance with the provisions of section 16-2-9, shall be required to petition the commissioner,

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in writing, to seek alternatives for the district to comply with state regulations and/or provide

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waivers to state regulations and, in particular, those which are more restrictive than federal

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regulations that allow the school committee to operate with a balanced budget. Waivers which

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affect the health and safety of students and staff or which violate the provisions of chapter 24 of

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this title shall not be granted. The commissioner must consider alternatives for districts to comply

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with regulations and/or provide waivers to regulations in order that the school committee may

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operate with a balanced budget within the previously authorized appropriation. In the petition to

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the commissioner, the school committee shall be required to identify the alternatives to meet

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regulations and/or identify the waivers it seeks in order to provide the commissioner with the

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revised budget which allows it to have a balanced budget within the previously authorized

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appropriation. The commissioner shall respond within fifteen (15) calendar days from the date of

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the written petition from the school committee. If the commissioner does not approve of the

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alternatives to meet regulations or the waivers from regulations which are sought by the school

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committee, or if the commissioner does not approve of the modified expenditure plan submitted

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by the school committee, then: (1) within ten (10) days of receiving the commissioner's response,

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the school committee may submit a written request to the city or town council for the council of

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the municipality to decide whether to increase the appropriation for schools to meet expenditures.

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The decision to increase any appropriations shall be conducted pursuant to the local charter or the

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public law controlling the approval of appropriations within the municipality; or (2) in a regional

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school district, the chairperson of the school committee may, within ten (10) days of receiving the

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commissioner's response, submit a written request to the chief elected official of each of the

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municipalities to request that the city or town council in each of their respective towns meet to

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decide whether or not to increase the appropriation for schools to meet expenditures. The decision

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to increase any appropriations shall be conducted pursuant to the local charter or the public law

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controlling the approval of appropriations within the municipality.

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      (b) In the event of a negative vote by the appropriating authority, the school committee

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shall have the right to seek additional appropriations by bringing an action in the superior court

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for the county of Providence and shall be required to demonstrate that the school committee lacks

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the ability to adequately run the schools for that school year with a balanced budget within the

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previously authorized appropriation or in accordance with sections 16-2-21, 16-2-23, 16-7-23,

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and 16-7-24. In no event shall any court order obtained by the school committee have force and

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effect for any period longer than the fiscal year for which the litigation is brought. Any action

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filed pursuant to this section shall be set down for a hearing at the earliest possible time and shall

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be given precedence over all matters except older matters of the same character. The court shall

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render its decision within thirty (30) days of the close of the hearings. Upon the bringing of an

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action in the superior court by the school committee to increase appropriations, the chief

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executive officer of the municipality, or in the case of a regional school district the chief elected

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officials from each of the member municipalities, shall cause to have a financial and performance

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audit in compliance with the generally acceptable governmental auditing standards of the school

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department conducted by the auditor general, the bureau of audits, or a certified public accounting

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firm qualified in performance audits. The results of the audit shall be made public upon

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completion and paid for by the school committee to the state or private certified public

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accounting firm.

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      (c) The auditor general shall select the auditor if the audit is not directly performed by

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his or her office.

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     SECTION 2. This act shall take effect upon passage.

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EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N A C T

RELATING TO EDUCATION -- SCHOOL COMMITTEES AND SUPERINTENDANTS

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     This act would repeal the so-called Caruolo act. This act would also provide city and

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town councils with the authority to ratify collective bargaining agreements negotiated by school

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committees.

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     This act would take effect upon passage.

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LC00622

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