2013 -- H 5649

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LC01404

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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 OT EDUCATION - THE RHODE ISLAND BOARD OF EDUCATION ACT

     Introduced By: Representatives MacBeth, McLaughlin, McNamara, and Marshall

     Date Introduced: February 27, 2013

     Referred To: House Health, Education & Welfare

It is enacted by the General Assembly as follows:

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     SECTION 1. Chapter 16-97 of the General Laws entitled "The Rhode Island Board of

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Education Act" is hereby amended by adding thereto the following section:

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     16-97-7. Education due process and special education due process study commission

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established. – (a) Commission established. There is hereby established a special joint legislative

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study commission on educational due process and special education due process. Said

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commission shall consist of twelve (12) members: six (6) members shall be appointed by the

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speaker of the house of representatives from among the members of the house of representatives,

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not more than five (5) of whom shall be from the same political party; and six (6) members shall

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be appointed by the president of the senate from among the members of the senate, not more than

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five (5) of whom shall be from the same political party.

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     (b) Purpose. The purpose of the commission shall be to study all education hearings at the

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Rhode Island department of elementary and secondary education, including commissioner

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hearings and special education due process hearings, and to make recommendations on improving

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these systems. More specifically, the focus of the commission shall be to insure that the hearing

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process balances the rights and needs of the individuals involved, especially students with

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disabilities, while also maintaining educational and academic integrity, discipline, and authority.

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The commission shall elect from among their membership a chairperson and a vice-chairperson.

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     (c) The membership of the commission shall receive no compensation for their services.

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(d) All departments and agencies of the state shall furnish any advice and information,

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documentary and otherwise, to the commission and its agents that is deemed necessary or

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desirable by the commission to facilitate the purposes of this section.

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     (e) The speaker of the house is hereby authorized and directed to provide suitable

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quarters for the commission. The commission shall report its findings and recommendations to

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the general assembly on or before January 24, 2014 and the commission shall expire on March

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24, 2014.

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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 OT EDUCATION - THE RHODE ISLAND BOARD OF EDUCATION ACT

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     This act would establish a joint legislative study commission to study commissioner

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hearings and special education due process hearings at the department of elementary and

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secondary education.

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     This act would take effect upon passage.

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LC01404

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