Introduced By: Senator J. Michael Lenihan
Date Introduced : February 2, 1999
It is enacted by the General Assembly as follows:
SECTION 1. Sections 16-26-7 and 16-26-7.1 of the General Laws in Chapter 16-26 entitled "School for the Deaf" are hereby amended to read as follows:
16-26-7. Persons admissible. -- (a) All children
of parents, or under the control of guardians or other persons,
legal residents of this state, between the ages {DEL of three
(3) and twenty (20) DEL} {ADD from birth to twenty-one (21) ADD}
years, whose hearing or speech, or both, {ADD are impaired ADD} {DEL are
so defective DEL} as to make it {DEL inexpedient or DEL}
impracticable {ADD for such student to make progress toward his
or her educational goals by attending ADD} {DEL to attend DEL}
the public schools {DEL to advantage, not being mentally or
otherwise incapable, DEL} may attend the Rhode Island School
for the Deaf, without charge, under such rules and regulations
as the board of regents for elementary and secondary education
may establish.
(b) Likewise, deaf persons {ADD from birth to ADD} {DEL between
the ages of three (3) and DEL} {ADD twenty-one (21) ADD} {DEL twenty
(20) DEL} years, {DEL and of sufficient capacity for instruction, DEL}
who are legal residents of the state, shall be entitled to the
privilege of the school without charge, and for such period of
time in each individual case as may be deemed {ADD appropriate ADD}
{DEL expedient DEL} by the board of regents for elementary
and secondary education; residents of other states may be admitted
upon the payment of such rates of board and tuition as may be
fixed by the board.
16-26-7.1. Regional hearing impaired programs. --
(a) Each city and town may contract with the Rhode Island School
for the Deaf to establish and operate programs for the hearing
impaired {ADD . ADD} {DEL whose hearing or speech, or both, are
not so defective as to make it inexpedient or impracticable to
attend the public schools to advantage. DEL}
(b) Whenever these programs are operated by the Rhode Island school for the deaf, each participating city or town shall be assessed for the cost of the program in the proportion that their enrollment bears to the total enrollment in the program. The assessments shall be deposited in a restricted receipt account for the purpose of funding expenditures necessary to operate the regional program.
SECTION 2. Sections 16-26-3, 16-26-4, 16-26-5 and 16-26-8 of the General Laws in Chapter 16-26 entitled "School for the Deaf" are hereby repealed.
{DEL 16-26-3. Advisory council. -- DEL} {DEL There shall
be an advisory council for the school for the deaf consisting
of five (5) qualified electors, one of whom shall be appointed
by the governor in each year to serve for a term of five (5) years
from the first day of March in that year. At least one member
thereof shall be a woman. The advisory council shall advise the
board of regents for elementary and secondary education concerning
the school but shall have no administrative powers or duties. DEL}
{DEL 16-26-4. Purpose of school -- Bylaws and regulations.
-- DEL} {DEL The primary object of the school shall be to furnish
to the deaf children of this state instruction and the best known
facilities for the enjoyment of such a share of the benefits of
the system of free public education as their afflicted condition
will admit of. The board of regents for elementary and secondary
education shall have charge of the affairs of the school, with
power to make such bylaws and regulations for the government thereof,
not inconsistent with the provisions of this chapter, as it may
deem expedient. DEL}
{DEL 16-26-5. Appointment of principal -- Staff and employees
-- Equipment and supplies. -- DEL} {DEL The board of regents for
elementary and secondary education shall appoint a principal who
shall be the chief executive officer of the school, and shall
have charge of the educational and internal affairs of the school;
and shall also, upon the nomination of the principal, appoint
teachers and subordinate officers, prescribe the duties and terms
of service of the teachers and subordinate officers, and fix their
salaries, and for just cause remove any or all of them. The board
shall likewise employ the requisite number of servants and other
assistants, and fix the wages of the servants and other assistants,
and shall cause all furniture, school books, school apparatus,
and other supplies necessary to the equipment and carrying on
the school to be purchased in accordance with the provisions of
section 42-11-2. DEL}
{DEL 16-26-8. Attendance requirements -- Failure to comply.
-- DEL} {DEL Every person having under his or her control any eligible
child between the ages of seven (7) and eighteen (18) years shall
cause the child to attend the school for such period of time or
such prescribed course, in each individual case, as may be deemed
expedient by the board of regents for elementary and secondary
education, and for any neglect of this duty the person so offending
shall be fined not exceeding twenty dollars ($20.00); provided,
that if the person so charged shall prove to the satisfaction
of the board that the child has received or is receiving, under
private or other instruction, an education suitable to his or
her condition, in the judgment of the board, then the penalty
shall not be incurred; provided, further, that no child shall
be removed to the school or taken from the custody of his or her
parents or guardian except as a day scholar, unless the parent
or guardian is an improper person to have custody, and the supreme
court shall have jurisdiction in habeas corpus proceedings to
examine into and revise all findings of the board under this chapter. DEL}
SECTION 3. Chapter 16-26 of the General Laws entitled "School for the Deaf" is hereby amended by adding thereto the following section:
{ADD 16-26-3.1. Board of Trustees. -- ADD} {ADD (a) The powers herein delegated and authorized for the board of regents for elementary and secondary education and the department of elementary and secondary education shall be in addition to those previously authorized by any other general or public law. ADD}
{ADD (b) The governance, funding, and programming of the Rhode Island School for the deaf shall be in accordance with the rules and regulations formulated by the board of regents for elementary and secondary education pursuant to title 42. chapter 35. ADD}
{ADD (c) The purpose of this chapter is to restructure the governance of the Rhode Island School for the Deaf. ADD}
{ADD (1) The School for the Deaf shall be operated as a local education agency and shall be governed by a board of trustees. With the exception of those powers and duties reserved to the director, the commissioner of elementary and secondary education, and the board of regents for elementary and secondary education, the board of trustees shall have the powers and duties of a school committee. ADD}
{ADD (2) The board of regents for elementary and secondary education shall appoint the members of the board of trustees from nominations made by the commissioner of elementary and secondary education. The chairperson shall also be selected in this manner. The board of regents for elementary and secondary education shall determine the qualifications, and terms of office of members of the board of trustees. The board of trustees shall be comprised of nine (9) individuals, not less than five (5) of whom shall be persons who are deaf and hard of hearing. The commissioner may seek input on nominations of persons who are deaf and hard of hearing from organizations whose membership is primarily made up of deaf and hard of hearing individuals, individuals who are deaf and hard of hearing, or organizations whose purpose is advocacy for individuals who are deaf and hard of hearing as well as from other sources. For purposes of obtaining input from diverse sources regarding suggestions for nominations for the first trustees to be nominated by the commissioner, the commissioner shall convene a public quorum to obtain broad input prior to making the initial nominations for the founding membership on the board of trustees. No person in any way employed by or doing business with the Rhode Island School for the Deaf shall serve on the board of trustees. ADD}
{ADD (3) The board of regents shall establish strategic directions for the education of deaf and hard of hearing children in the state of Rhode Island. ADD}
{ADD (4) The board of regents shall provide parameters for budget requests, recommend a budget and otherwise participate in budget development. ADD}
{ADD (d)(1) The commissioner of elementary and secondary education's shall recommend parameters for the overall budget requests, recommend a budget and otherwise participate in budget development. ADD}
{ADD (2) The commissioner shall approve the process for selection of a director of the school. ADD}
{ADD (e) The board of trustees shall meet monthly and serve without compensation. Seven (7) members of the board of trustees shall be required to attend teacher appeal meetings pursuant to section 16-13-4. The board of trustees shall have broad policy making authority of the operation of the school consistent with subsection (e) as well as the following powers and duties: ADD}
{ADD (1) To identify the needs of deaf children in the state of Rhode Island. ADD}
{ADD (2) To develop educational policies to meet the needs of deaf and hard of hearing children served by the school for the deaf. ADD}
{ADD (3) To appoint a director of the school to serve as its chief executive officer and to approve assistant directors from nominations made by the director. ADD}
{ADD (4) To provide policy guidance and otherwise participate in budget development. ADD}
{ADD (5) To develop staffing policies which ensure that all students are taught by educators of the highest possible quality. ADD}
{ADD (f)(1) The director shall serve at the pleasure of the board of trustees with the initial appointment to be for a period of not more than five (5) years, provided, however, that the term and conditions of employment be subject to the approval of the board of regents for elementary and secondary education. ADD}
{ADD (2) It is the responsibility of the director to manage and operate the school on a day to day basis. The director's responsibilities shall include the following: ADD}
{ADD (i) To be responsible for the entire care, supervision, and management of the school for the deaf. ADD}
{ADD (ii) To recommend to the board of regents educational policies to meet the needs of the deaf and hard of hearing children and to implement policies established by the board of trustees. ADD}
{ADD (iii) To present nominations to the board of trustees for assistant administrators and to appoint all other school personnel. ADD}
{ADD (iv) To provide for the evaluation of all school personnel. ADD}
{ADD (v) To establish a school based management approach for decision making for the operation of the school. ADD}
{ADD (vi) To report to the board of trustees on a regular basis the financial condition and the operation of the school, and to report annually on the educational progress of the school. ADD}
{ADD (vii) To establish appropriate advisory committees as needed to provide guidance and feedback on the operation of the school. ADD}
{ADD (viii) To make himself or herself available to the board of trustees and to attend board of trustees meetings to provide a link between the school and the board of trustees. ADD}
{ADD (g) With policy guidance from the board of trustees and extensive involvement of the administrators and faculty of the school, the director shall annually prepare a budget. The board of trustees will approve the budget and transmit it to the commissioner of elementary and secondary education. The board of regents from elementary and secondary education, shall provide parameters for the overall budget request. Based on review and recommendations for the commissioner, the board of regents shall approve the total budget and incorporate it into its budget request to the governor and to the general assembly. Line item budgeting decisions shall be the responsibility of the director. ADD}
{ADD (h) Nothing in this section shall be deemed to limit or otherwise interfere with the rights of teachers and other school employees to bargain collectively pursuant to chapters 9.3 and 9.4 of title 28 or to allow the board of trustees or the director to abrogate any agreement by collective bargaining. Employees at the Rhode Island School for the Deaf shall continue to be state employees and the bargaining units which are presently established at the school shall remain intact. ADD}
SECTION 4. This act shall take effect upon passage.
