2013 -- H 5421

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LC00856

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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 -- THE RHODE ISLAND BOARD OF EDUCATION ACT

     Introduced By: Representatives Ajello, Tanzi, Ferri, McNamara, and Naughton

     Date Introduced: February 13, 2013

     Referred To: House Health, Education & Welfare

It is enacted by the General Assembly as follows:

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     SECTION 1. Section 16-97-1 of the General Laws in Chapter 16-97 entitled "The Rhode

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Island Board of Education Act" is hereby amended to read as follows:

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     16-97-1. Rhode Island board of education established. -- (a) Effective January 1

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March 7, 2013, there is created a board of education which shall be and is constituted a public

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corporation, empowered to sue and be sued in its own name, to have a corporate seal, and to be

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vested with all the powers and duties currently vested in the board of governors for higher

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education established in chapter 16-59 and the board of regents for elementary and secondary

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education established in chapter 16-60.

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      (b) Upon its organization, the board of education shall be vested with the legal title (in

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trust for the state) to all property, real and personal, now owned by and/or under the control or in

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the custody of the board of governors for higher education and the board of regents for

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elementary and secondary education, for the use of the board of education. The board of

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education is hereby-designated successor to all powers, rights, duties, and privileges pertaining to

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the board of regents for elementary and secondary education and the board of governors for

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higher education.

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      (c) The board of education shall consist of eleven (11) thirteen (13) public members as

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follows: Eleven (11) public members and one exofficio and nonvoting higher education student

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member who shall be a full-time student in good standing at the University of Rhode Island,

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Rhode Island College or the Community College of Rhode Island appointed by the governor with

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the advice and consent of the senate as well as one exofficio and nonvoting high school student

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member elected pursuant to the provisions of subsection 16-97-1(f). Four (4) of the public

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members initially appointed pursuant to this section shall serve terms of three (3) years; four (4)

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public members initially appointed pursuant to this section shall serve terms of two (2) years; and,

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three (3) public members initially appointed pursuant to this section shall serve terms of one year.

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Thereafter, all public members appointed pursuant to this section shall serve terms of three (3)

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years. No board public member shall be appointed to serve more than two (2) three (3) year

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terms. Student higher education members shall be appointed for single two (2) year term and shall

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rotate among the three (3) public higher education institutions. Student members shall have their

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opinions on matters before the board duly recorded in its minutes.

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      (d) The governor shall select from the appointed public members a chairperson and vice

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chairperson. A quorum shall consist of six (6) public members of the board. A majority vote of

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those present shall be required for action.

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      (e) The statutory responsibilities of the department of elementary and secondary

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education, the commissioner of elementary and secondary education, and the commissioner of

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higher education shall remain unchanged. No later than July 1 September 1, 2013, the board of

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education shall submit to the governor and the general assembly its final plan for the permanent

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administrative structure for higher education. As a requisite element of the administrative

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structure for higher education, the board of education shall establish a plan for distributing the

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assets, responsibilities, powers, authorities, and duties of the office of higher education to the

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three (3) higher education institutions and appropriate state agencies. Said distribution shall be

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done in a manner designed to maximize efficiency, provide greater articulation of the respective

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responsibilities of elementary and secondary and higher education, and ensure that students are

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prepared to succeed in school, college, careers, and life. The permanent governance structure for

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higher education shall, at a minimum:

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     (1) Provide clear guidance on statutory, legal, financial and contractual obligations;

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     (2) Establish a policy framework that furthers the goals of this chapter; and

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     (3) Establish appropriate administrative structures, support, policies and procedures.

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     Effective July 1, 2014, the office of higher education shall be abolished.

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     (f) There is hereby established an elementary and secondary student advisory council to

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the board of education, consisting of one elected high school student representative from each

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public secondary school in the state of Rhode Island.

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     (1) Each public secondary school shall hold elections for its representative to the council

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no earlier than the first (1st) day of March and no later than the end of the second (2nd) full week

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of April. Each school shall elect only one representative. Elected members shall be notified of

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their election on or before the Friday of third (3rd) week of April of the year of their election. No

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person shall be eligible to be elected to the council unless at the time of his or her election he or

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she is enrolled as a student in a secondary school between the grades of nine (9) and eleven (11)

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within the state of Rhode Island. No person shall be allowed to vote if they are not currently

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enrolled in a Rhode Island public secondary school between the grades of nine (9) and eleven

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(11). If at any time during his or her term of office a member of the council ceases to be so

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enrolled, his or her membership shall be terminated and his or her position shall be deemed

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vacant. This vacancy shall be filled by the public secondary school within thirty (30) school days

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of the opening of the vacancy.

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     (2) The council will serve from the first (1st) day of May of the year it is elected until the

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last day of April of the following year. A student may serve no more than three (3) terms.

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     (3) Said council shall meet from time to time and shall consider such matters as it deems

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appropriate.

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     (4) Prior to the first (1st) day of June of each annual session the council shall adopt a set

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of bylaws.

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     (5) Members of the council shall not be compensated for service in attending meetings

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except that they shall be reimbursed for necessary expenses incurred in travelling to and from

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meetings.

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     (6) The members of said council shall, by majority vote prior to the first (1st) day of June

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in each year, elected from among its members, a chairperson who shall serve for a term of one

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year beginning on the first (1st) day of June. Said chairperson shall serve as an exofficio and

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nonvoting member of the board of education for a term of one year, unless the council removes

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said chairperson from his or her position in a manner described within the bylaws of that council

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and/or if he or she is otherwise removed by governor.

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     SECTION 2. This act shall take effect upon passage.

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LC00856

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EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N A C T

RELATING TO EDUCATION -- THE RHODE ISLAND BOARD OF EDUCATION ACT

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     This act would establish an elementary and secondary student advisory council to the

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board of education. It would also add two (2) student members to the board of education.

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     This act would take effect upon passage.

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LC00856

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