2025 -- H 5839

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LC001570

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2025

____________

A N   A C T

RELATING EDUCATION -- COUNCIL ON ELEMENTARY AND SECONDARY

EDUCATION

     Introduced By: Representatives Morales, Ajello, Potter, Stewart, Casimiro, Caldwell,
Batista, Handy, Tanzi, and McNamara

     Date Introduced: February 28, 2025

     Referred To: House Education

     It is enacted by the General Assembly as follows:

     SECTION 1. Section 16-60-2 of the General Laws in Chapter 16-60 entitled "Council on

Elementary and Secondary Education [See Title 16 Chapter 97 — The Rhode Island Board of

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

     16-60-2. Appointment of board members.

     (a) The governor shall establish the council on elementary and secondary education by

appointing eight (8) ten (10) members of the board of education established pursuant to chapter 97

of this title to serve as members of the council until the expiration of their term and appointment of

their successor as a member of the board of education. The chair of the board of education shall

serve on the council in a voting, ex-officio capacity. Five (5) Six (6) voting members of the council

shall constitute a quorum and the vote of the majority of those present and voting shall be required

for action. The governor shall appoint the chair of the council on an annual basis from among the

eight (8) ten (10) council members.

     (b) In addition to the eight (8) ten (10) members appointed by the governor, the Rhode

Island teacher of the year shall serve as an ex-officio and voting member on the council on

elementary and secondary education pursuant to § 16-97-1(c) and (d) 16-97-1(d).

     (c) No person shall be eligible for appointment to the board after the effective date of this

act [March 24, 2006] unless he or she is a resident of this state, with the exception of the individual

serving in the ex officio seat as Rhode Island teacher of the year.

     (d) There is hereby established a student advisory council to the council on elementary and

secondary education, consisting of one elected high school student representative from each public

secondary school in the state of Rhode Island.

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

advisory council no earlier than the first (1st) day of March and no later than the end of the second

(2nd) full week of April. Each school shall elect only one representative. Elected members shall be

notified of their election on or before the Friday of the third (3rd) week of April of the year of their

election. No person shall be eligible to be elected to the student advisory council unless at the time

of his or her election he or she is enrolled as a student in a secondary school between the grades of

nine (9) and eleven (11) within the state of Rhode Island. No person shall be allowed to vote if they

are not currently enrolled in a Rhode Island public secondary school between the grades of nine (9)

and eleven (11). If at any time during his or her term of office a member of the student advisory

council ceases to be so enrolled, his or her membership shall be terminated and his or her position

shall be deemed vacant. This vacancy shall be filled by the public secondary school within thirty

(30) school days of the opening of the vacancy.

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

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

terms.

     (3) Said student advisory council shall meet from time to time quarterly, at a minimum,

and shall consider such matters as it deems appropriate.

     (4) Prior to the first (1st) day of June of each annual session the student advisory council

shall adopt a set of bylaws.

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

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

meetings.

     (6) The members of said student advisory council shall, by majority vote prior to the first

(1st) day of June in each year, elect from their members a chairperson who shall serve for a term

of one year beginning on the first (1st) day of June. Said chairperson shall serve as an ex officio

and nonvoting voting member of the council for a term of one year, unless the student advisory

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

of that council.

     SECTION 2. Section 16-97-1 of the General Laws in Chapter 16-97 entitled "The Rhode

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

     16-97-1. Rhode Island board of education established.

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     (a) Effective January 1, 2013, there is created a board of education that shall be responsible

for and shall exercise the purposes, powers, and duties of, this chapter and chapters 59 and 60 of

this title. The board is responsible for the coordination of education from pre-K through higher

education and shall set goals and policies for the effective coordination of these public education

systems.

     (b) The board of education shall consist of seventeen (17) nineteen (19) public members

appointed by the governor with the advice and consent of the senate, eight (8) of whom shall be

designated to serve on the council on elementary and secondary education and eight (8) of whom

shall be designated to serve on the council on postsecondary education. The two (2) members of

the board not directly appointed by the governor shall be the Rhode Island teacher of the year and

the chairperson of the student advisory council whom shall be designated to serve on the council

on elementary and secondary education, each of whom shall be limited to one term and would have

to receive advise and consent from the senate. The chairperson of the board shall serve as a member

of both councils. Six (6) of the members initially appointed pursuant to this section shall serve

terms of three (3) years; six (6) members initially appointed pursuant to this section shall serve

terms of two (2) years; and, four (4) members initially appointed pursuant to this section shall serve

terms of one year. To the greatest extent possible, the initial staggered terms shall be equitably

divided among the councils so as to protect against sudden changes in membership and reversal of

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

years. At the expiration of their terms, members shall remain and continue in their official capacity

until their successor is appointed and qualified. Members shall not be appointed to more than three

(3), successive three-year (3) terms each; provided that the chair of the board shall have no term

and shall serve at the pleasure of the governor. Any vacancy among the members of the board shall

be filled by appointment of the governor for the remainder of the unexpired term. In the selection

and appointment of the board, the governor shall seek persons who best serve the needs of the entire

state. No person shall be eligible for appointment to the board after the effective date of this act

unless a resident of this state. Members of the board shall not be compensated for their service in

attending board or council meetings.

     (c) The chair of the Governor’s workforce board, or designee; the chair of the Rhode Island

commerce corporation, or designee; the chair of the university of Rhode Island board of trustees,

or designee; and the Rhode Island teacher of the year shall serve as non-voting, ex-officio members

of the board.

     (d) The Rhode Island teacher of the year shall serve on the board for one year, beginning

after their term as teacher of the year has expired. If the teacher of the year is unable or unwilling

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to serve, a former Rhode Island teacher of the year may be selected to serve on the board by the

commissioner of elementary and secondary education; provided that, the individual is still teaching

in Rhode Island public schools.

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

chairperson. A quorum shall consist of nine (9) members of the board. A majority vote of those

present shall be required for action.

     (f) Except as provided by subsection (b) of this section, members of the board shall be

removable by the governor for cause only. Removal solely for partisan or personal reasons

unrelated to performance, capacity, or fitness for the office shall be unlawful.

     (g) The statutory responsibilities of the department of elementary and secondary education,

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

education shall remain unchanged.

     (h) The chair of the board of education shall consult with the chairs of the council on

elementary and secondary education, the council on postsecondary education, the commissioner of

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

developing agendas, goals, policies, and strategic plans for the board.

     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 EDUCATION -- COUNCIL ON ELEMENTARY AND SECONDARY

EDUCATION

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     This act would expand the council on elementary and secondary education to ten (10)

members; make six (6) members a quorum; would make the teacher of the year a voting member;

would require the student advisory council to meet at least quarterly; would make the chair of the

student advisory council a voting member of the council; would expand the board of education

from seventeen (17) to nineteen (19) members and would include the Rhode Island teacher of the

year and the chairperson of the student advisory council and would also be voting members to the

board.

     This act would take effect upon passage.

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