2024 -- S 2521

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LC004135

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2024

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A N   A C T

RELATING TO EDUCATION -- COUNCIL ON POSTSECONDARY EDUCATION

     

     Introduced By: Senators Acosta, DiPalma, Mack, Quezada, Valverde, Kallman, and
McKenney

     Date Introduced: March 01, 2024

     Referred To: Senate Education

     It is enacted by the General Assembly as follows:

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     SECTION 1. Section 16-59-4 and 16-59-6 of the General Laws in Chapter 16-59 entitled

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"Council on Postsecondary Education [See Title 16 Chapter 97 — The Rhode Island Board of

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Education Act]" are hereby amended to read as follows:

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     16-59-4. Powers and duties of the council on postsecondary education.

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     The council on postsecondary education shall have, in addition to those enumerated in §

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16-59-1, 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 level, aspect, and form of higher 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 efficient

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and economical manner possible.

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     (2) To develop review and approve a the strategic plan, prepared by the commissioner of

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postsecondary education pursuant to §16-59-6, implementing broad goals and objectives for higher

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education in the state as established by the board of education, including a comprehensive capital

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development program.

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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 education; to adopt standards and require enforcement; and to exercise

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general supervision over all higher public education in the state and over independent higher

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education in the state as provided in subsections (8) and (9) of this section. The board of education

 

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and the council shall not engage in the operation or administration of any subordinate committee,

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university, junior college, or community college, except its own office of postsecondary education

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and except as specifically authorized by an act of the general assembly; provided, the presidents of

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each institution of higher learning shall be the chief administrative and executive officers of that

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institution; and provided that nothing contained in this section shall prohibit their direct access to

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or interfere with the relationship between the presidents and the board of education and the council.

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     (4) To communicate with and seek the advice of the commissioner of postsecondary

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education, the presidents of the public higher education institutions, and all those concerned with,

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and affected by, its determinations as a regular procedure in arriving at its conclusions and in setting

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its policy.

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     (5) To prepare and maintain a five-year (5) funding plan for higher education that

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implements the strategic financing recommendations of the board of education; to prepare, with the

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assistance of the commissioner of postsecondary education, and to present annually to the state

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budget officer, in accordance with § 35-3-4, a state higher education budget, which shall include,

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but not be limited to, the budget of the office of postsecondary education and the budget of the state

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colleges. In the preparation of the budget, the council shall implement priorities established by the

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board of education of expenditures for public higher education purposes of state revenues and other

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public resources made available for the support of higher public education. Prior to submitting the

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budget to the state budget officer as required by the budget office instructions and this subsection,

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the council shall present the budget to the board of education for its review and approval. Nothing

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contained in this subdivision shall authorize the council to alter the allocation of grants or aid

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otherwise provided by law.

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     (6) To maintain an office of postsecondary commissioner; to provide for its staffing and

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organization; and to manage and oversee a commissioner of postsecondary education pursuant to

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duties and responsibilities defined in §§ 16-59-6 and 16-59-7 [repealed]. The commissioner of

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postsecondary education and the office of postsecondary commissioner shall have the duties and

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responsibilities as defined in §§ 16-59-6 and 16-59-7 [repealed].

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     (7) To appoint and dismiss presidents of the public institutions of higher learning with the

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assistance of the commissioner of postsecondary education, and to establish procedures for this,

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and with the assistance of the commissioner to approve or disapprove vice presidents of the public

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institutions of higher learning appointed by the respective presidents of the public institutions of

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higher learning.

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

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conduct of any or all aspects of higher education and to determine all powers, functions, and

 

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composition of any agencies or subcommittees and to dissolve them when their purpose shall have

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been fulfilled.

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     (9) To exercise the authority vested in the board of regents for education with relation to

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independent higher educational institutions within the state under the terms of chapter 40 of this

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title, and other laws affecting independent higher education in the state.

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     (10) To enforce the provisions of all laws relating to higher education, public and

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independent.

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     (11) To be responsible for all the functions, powers, and duties that were vested in the board

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of regents for education relating to higher education, including, but not limited to, the following

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specific functions:

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     (i) To approve the role and scope of programs at public institutions of higher learning with

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the assistance of the commissioner of postsecondary education which shall include, but not be

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limited to, populations to be served, the type and level of programs, and academic fields offered.

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     (ii) To adopt and require standard accounting procedures for the office of postsecondary

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commissioner and all public colleges and universities.

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     (iii) To approve a clear and definitive mission for each public institution of higher learning

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with the assistance of the commissioner of postsecondary education that is consistent with the role

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and scope of programs at the public institutions.

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     (iv) To promote maximum efficiency, economy, and cooperation in the delivery of public

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higher educational services in the state and cooperation with independent institutions of higher

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education.

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     (12) To incorporate into its own affirmative action reporting process periodic reports

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monitoring specific faculty and staff searches by the chairperson of the search committee to include

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the rationale for granting those interviews and the final hiring results. The institutions must

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empower their affirmative action officer to monitor searches in this manner; to intervene during the

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search; and, when necessary, to cause a search to cease if affirmative action goals are not being

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adequately served.

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     (13) To incorporate a specific category for accountability on affirmative action goals and

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implementation as part of the board’s annual evaluations and three-year (3) reviews for the

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presidents of each of the public institutions of higher education.

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     (14) To make a formal request of the governor that, whenever an opportunity arises to make

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new appointments to the board, that the governor make every effort to increase the number of

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African Americans, Native Americans, Asians, and Hispanics on the board.

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     (15) To develop coherent plans for the elimination of unnecessary duplication in public

 

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higher education and addressing the future needs of public education within the state in the most

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efficient and economical manner possible.

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     (16) To delegate to the presidents of each public higher education institution the authority

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and responsibility for operational and management decisions related to their institutions, consistent

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with the goals of the statewide strategic plan for postsecondary education; provided, however, that

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the presidents may be required to provide information or updates to the council regarding any

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delegated operational or management decisions.

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     (17) To approve application and renewal fees for all postsecondary institutions situated in

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Rhode Island, public or private, that choose to participate in an interstate, postsecondary distance-

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education reciprocity agreement.

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     (18) To the extent necessary for participation, and to the extent required and stated in an

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interstate distance-learning reciprocity agreement, the council shall promulgate procedures to

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address complaints received from out-of-state students in connection with, or related to, any Rhode

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Island postsecondary institution, public or private, that has been approved to participate in an

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interstate distance-learning reciprocity agreement.

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     (19) To serve as the governing body of the division of higher education assistance and

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exercise all powers and duties of the division of higher education assistance as set forth under the

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terms of Chapter 57 of this title; however, any debts, liabilities, or obligations of the council that

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result from its status as such governing body shall be payable solely from the revenues or assets of

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reserve funds set forth and established by the prior Rhode Island higher education assistance

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authority and/or the Rhode Island division of higher education assistance created pursuant to

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Chapter 57 of this title, and not from any assets or property held by the council on postsecondary

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education pursuant to this chapter.

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     (20) To guarantee one hundred percent (100%) of the unpaid principal and accrued interest

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of any eligible loan made by a lender to any eligible borrower in existence prior to July 1, 2015,

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for the purpose of assisting the students in obtaining an education in an eligible institution, subject,

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however, to the limitation regarding any debts, liabilities, or obligations of the council set forth in

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subsection (19) above, and in § 16-57-12.

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     (21) To prescribe rules and regulations deemed necessary or desirable to carry out the

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purposes of serving as a guaranty agency for the loans set forth in subsection (20) of this section,

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including without limitation rules and regulations:

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     (i) To ensure compliance by the division with the requirements imposed by statutes or

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regulation governing the guaranty, insurance, purchase, or other dealing in eligible loans by federal

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agencies, instrumentalities, or corporations;

 

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     (ii) To set standards of eligibility for educational institutions, students, and lenders and to

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define residency and all other terms as the division deems necessary to carry out the purposes of

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this chapter; and

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     (iii) To set standards for the administration of programs of postsecondary student financial

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assistance assigned by law to the division, including but not limited to savings programs.

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Administrative rules governing savings programs shall authorize the division, in conjunction with

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the commissioner of postsecondary education, to negotiate reciprocal agreements with institutions

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in other states offering similar savings programs for the purpose of maximizing educational benefits

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to students in this state.

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     (22) To establish penalties for violations of any order, rule, or regulation of the division,

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and a method for enforcing these.

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     (23) To set and collect fees and charges, in connection with its guaranties and servicing,

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including without limitation reimbursement of costs of financing by the division, service charges,

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and insurance premiums and fees and costs associated with implementing and administering

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savings programs established pursuant to this chapter.

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     (24) To hold and operate property previously held by the higher education assistance

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authority in trust for the state, and to acquire, hold, and dispose of the property and other like

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property as deemed necessary for the execution of its corporate purposes.

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     (25) To direct the public colleges of higher education to adopt and, upon approval by the

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council, execute a process to accept the advanced placement subject test scores of students who

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obtain a three (3) or better in any advanced placement course for college credit.

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     16-59-6. Commissioner of postsecondary education.

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     The council on postsecondary education, with approval of the board, shall appoint a

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commissioner of postsecondary education, who shall serve at the pleasure of the council, provided

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that his or her initial engagement by the council shall be for a period of not more than three (3)

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years. For the purpose of appointing, retaining, or dismissing a commissioner of postsecondary

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education, the governor shall serve as an additional voting member of the council. The position of

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

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executive officer of the council on postsecondary education, the chief administrative officer of the

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office of postsecondary commissioner, and the executive director of the division of higher

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education assistance. The commissioner of postsecondary education shall have any duties that are

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defined in this section and in this title and other additional duties as may be determined by the

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council, and shall perform any other duties as may be vested in him or her by law. In addition to

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these duties and general supervision of the office of postsecondary commissioner and the

 

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appointment of the several officers and employees of the office, it shall be the duty of the

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commissioner of postsecondary education:

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

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and analysis addressed to every aspect of higher education in the state, especially as that

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information relates to current and future educational needs.

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     (2) To prepare a strategic plan for public higher education in the state aligned with to

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implement the goals of the board of education’s strategic plan;, and to coordinate the goals and

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objectives of the higher public education sector with the goals of the council on elementary and

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secondary education and activities of the independent higher education sector where feasible.

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

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board of education’s and council’s determinations.

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

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board of education and council on postsecondary education; to promote better coordination

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between higher public education in the state, independent higher education in the state as provided

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in subsection (10) of this section, and preK-12 education; to assist in the preparation of the budget

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for public higher education; and to be responsible, upon direction of the council, for the allocation

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of appropriations, the acquisition, holding, disposition of property.

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     (5) To be responsible for the coordination of the various higher educational functions of

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the state so that maximum efficiency and economy can be achieved.

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     (6) To assist the board of education in preparation and maintenance of a five-year (5)

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strategic funding plan for higher education; to assist the council in the preparation and presentation

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annually to the state budget officer in accordance with § 35-3-4 of a total, public higher educational

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budget.

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     (7) To recommend to the council on postsecondary education, after consultation with the

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presidents, a clear and definitive mission for each college.

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     (8) To annually recommend to the council on postsecondary education, after consultation

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with the presidents, the creation, abolition, retention, or consolidation of departments, divisions,

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programs, and courses of study within the public colleges to eliminate unnecessary duplication in

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public higher education, to address the future needs of public higher education in the state, and to

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advance proposals recommended by the presidents of the public colleges pursuant to §§ 16-33-2.1

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and 16-33.1-2.1.

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     (9) To supervise the operations of the office of postsecondary commissioner, including the

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division of higher education assistance, and any other additional duties and responsibilities that

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may be assigned by the council.

 

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     (10) To perform the duties vested in the council with relation to independent higher

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educational institutions within the state under the terms of chapter 40 of this title and any other

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laws that affect independent higher education in the state.

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

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council on postsecondary education with relation to the entire field of higher 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 prepare standard accounting procedures for public higher education and all public

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colleges.

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     (13) To carry out the policies and directives of the board of education and the council on

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postsecondary education through the office of postsecondary commissioner and through utilization

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of the resources of the public colleges.

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     (14) To enter into interstate reciprocity agreements regarding the provision of

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postsecondary distance education; to administer such agreements; to approve or disapprove

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applications to voluntarily participate in such agreements from postsecondary institutions that have

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their principal place of business in Rhode Island; and to establish annual fees, with the approval of

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the council on postsecondary education, for aforesaid applications to participate in an interstate

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postsecondary distance education reciprocity agreement.

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     (15) To the extent necessary for participation, and to the extent required and stated in any

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distance learning reciprocity agreement, to implement procedures to address complaints received

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from out-of-state students in connection with, or related to, any Rhode Island postsecondary

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institution, public or private, that has been approved to participate in said reciprocity agreement.

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     (16) To oversee the processes that the community college of Rhode Island, Rhode Island

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college, and the university of Rhode Island adopt and execute, pursuant to §§ 16-32-2(i) and 16-

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59-4(25), to accept advanced placement subject test scores of students who obtain a three (3) or

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better in any advanced placement course for college credit.

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     (17) To collect data annually related to awarding college credit to students who receive test

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scores of three (3) or higher on advanced placement courses, including, but not limited to:

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     (i) The number of students who receive college credit at each public institution of higher

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learning for obtaining advanced placement test scores of three (3) or higher;

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     (ii) The number of college credits issued by the community college of Rhode Island, Rhode

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Island college, and the university of Rhode Island due to students’ advanced placement subject test

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scores of three (3) (“qualified”) or better in any advanced placement course; and

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     (iii) Any other relevant data as determined by the commissioner.

 

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     (18) To exercise all powers and duties of the division of higher education assistance as set

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forth under the terms of chapter 57 of this title.

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     SECTION 2. Chapter 16-59 of the General Laws entitled "Council on Postsecondary

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Education [See Title 16 Chapter 97 — The Rhode Island Board of Education Act]" is hereby

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amended by adding thereto the following section:

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     16-59-6.1. Commissioner of postsecondary education -- Additional duties.

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     (a) In addition to the duties that are set forth in § 16-59-6, that may be determined by the

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council on postsecondary education, and that may be vested in the commissioner of postsecondary

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education (the "commissioner") by law, the commissioner shall:

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     (1) Prepare a strategic plan for public higher education in the state, pursuant to § 16-59-

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6(2). The strategic plan for public higher education shall:

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     (i) Be aligned with the goals of the board of education's strategic plan for education;

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     (ii) Be developed with input from the governing bodies of the state's public institutions of

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higher learning;

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     (iii) Direct public higher education to be accountable for increasing the educational

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attainment levels of Rhode Islanders;

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     (iv) Be reviewed and revised as deemed appropriate by the commissioner, but, in any event,

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at least once every three (3) years;

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     (v) Be approved by the council on postsecondary education; and

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     (vi) Include, but not be limited to, proposals for:

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     (A) Addressing the state's economic development, workforce development and research

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needs;

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     (B) Ensuring increased degree production;

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     (C) Using institutional mission differentiation to realize statewide efficiencies through

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institutional collaboration and minimized redundancy in degree offerings; and

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     (D) Consolidating services and standardizing processes between the public institutions of

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higher learning to improve efficiency and effectiveness in areas including, but not limited to,

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student services, academic support, and institutional support.

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     (2) Make funding recommendations to the public institutions of higher learning. The

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recommendations shall:

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     (i) Include, but not be limited to, proposals for implementing the strategic plan for public

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higher education; and

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     (ii) Be provided to the general assembly, the governor, and the council on postsecondary

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education on an annual basis.

 

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     (3) Consult with the public institutions of higher learning to develop policies and guidelines

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for the equitable distribution of public funds among them in a way that furthers the goals of the

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strategic plan for public higher education. The policies or guidelines shall result in an outcomes-

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based model. This model shall emphasize outcomes across a range of variables that shall be

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weighted to reinforce each institution's mission and provide incentives for productivity

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improvements consistent with the strategic plan for public higher education.

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     (i) In the implementation of this subsection, the commissioner shall consult with the state's

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general treasurer and the office of management and budget to establish uniform standards of

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accounting, records, and statistical reporting systems in accordance with accepted national

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standards.

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     (4) That an associate of science or associate of arts degree from the community college of

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Rhode Island shall be deemed to have met all general education and core requirements for transfer

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to a Rhode Island public institution of higher learning as a junior. Notwithstanding this provision,

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admission into a particular program, school, or college within the institution shall remain

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competitive in accordance with generally applicable policies.

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     (5) That community college students who wish to earn baccalaureate degrees in the state's

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public higher education system shall be provided with clear and effective information and

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directions that specify curricular paths to a degree. Such information shall include, but is not limited

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to:

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     (i) Listings of course offerings that clearly identify courses that are not designed to be

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transferable under the provisions of this subsection.

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     (6) In developing policies to implement the provisions of this section, the office of the

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postsecondary commissioner shall seek input from and the participation of faculty and the

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appropriate administrative staff, in accordance with existing faculty union contracts and shared

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governance practices.

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     (b) The provisions of this section shall be fully implemented no later than the beginning of

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the 2026-2027 academic year. At the start of the 2025-2026 academic year, and at the start of each

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academic year thereafter, the commissioner shall report to the senate president and the speaker of

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the house regarding the implementation of this section.

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     SECTION 3. 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 -- COUNCIL ON POSTSECONDARY EDUCATION

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     This act would assign additional duties to the commissioner of postsecondary education,

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including, but not limited to, preparing a strategic plan for public higher education which is aligned

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with the goals of the board of education's strategic plan and which would provide for equitable

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distribution of public funds. This act would also provide that any policies and goals adopted would

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have an outcomes-based model emphasizing outcomes across a range of variables.

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     This act would take effect upon passage.

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