§ 16-60-4. Council on elementary and secondary education — Powers and duties.
(a) The council on elementary and secondary education shall have in addition to those
enumerated in §â€‚16-60-1, the following powers and duties:
(1) To approve a systematic program of information gathering, processing, and analysis
addressed to every aspect of elementary and secondary education in this state especially
as that information relates to current and future educational needs so that current
needs may be met with reasonable promptness and plans formulated to meet future needs
as they arise in the most efficient and economical manner possible;
(2) To approve a master plan implementing the broad goals and objectives for elementary
and secondary education in the state that have been established by the board of education.
These goals and objectives shall be expressed in terms of what men and women should
know and be able to do as a result of their educational experience. The council on
elementary and secondary education shall continually evaluate the efforts and results
of education in the light of these objectives;
(3) To adopt standards and require enforcement and to exercise general supervision over
all elementary and secondary public and nonpublic education in the state as provided
in subsection (a)(8) of this section. The council on elementary and secondary education
shall not engage in the operation or administration of any subordinate committee,
local school district, school, school service, or school program, except its own department
of elementary and secondary education, and except as specifically authorized by an
act of the general assembly. The adoption and submittal of the budget and the allocation
of appropriations, the acquisition, holding, disposition, and general management of
property shall not be construed to come within the purview of the preceding prohibition.
The council on elementary and secondary education shall communicate with, and seek
the advice of, the commissioner of elementary and secondary education and all those
concerned with and affected by its determinations as a regular procedure in arriving
at its conclusions and in setting its policy;
(4) To allocate and coordinate the various educational functions among the educational
agencies of the state and local school districts and to promote cooperation among
them so that maximum efficiency and economy shall be achieved;
(5)(i) To prepare, with the assistance of the commissioner of elementary and secondary education,
and to present annually to the state budget officer, in accordance with §â€‚35-3-4, a total educational budget for the elementary and secondary sector that shall include,
but not be limited to, the budgets of the department of elementary and secondary education,
subordinate boards and agencies, and state aid to local school districts. Prior to
submitting the budget as required by the budget office instructions and this subsection,
the council shall present the budget to the board of education for review and approval;
and
(ii) In the preparation of the budget, the council on elementary and secondary education
shall implement the priorities established by the board of education of expenditures
for elementary and secondary education purposes of state revenues and other public
resources made available for the support of public elementary and secondary education
among the various education agencies of the state. Nothing contained in this section
shall authorize any individual or group of individuals to reallocate resources in
a manner other than that prescribed in the budget as appropriations by the general
assembly.
(6) To maintain a department of elementary and secondary education, to provide for its
staffing and organization, and to appoint a commissioner of elementary and secondary
education pursuant to §â€‚16-60-6 who shall serve at its pleasure. The commissioner of elementary and secondary education
and the department of elementary and secondary education shall have any duties and
responsibilities as defined in §§â€‚16-60-6 and 16-60-7;
(7) To establish other educational agencies or subcommittees necessary or desirable for
the conduct of any or all aspects of elementary and secondary education and to determine
all powers, functions, and composition of any agencies or subcommittees and to dissolve
them when their purpose shall have been fulfilled; provided that nothing contained
in this subdivision shall be construed to grant the council the power to establish
subcommittees or agencies performing the duties and functions of local school committees
except as provided in §â€‚16-1-10;
(8) To exercise the authority previously vested in the board of regents for education
with relation to secondary nonpublic educational institutions within the state under
the terms of chapter 40 of this title and other laws affecting nonpublic education
in the state, and to cause the department of elementary and secondary education to
administer the provisions of that section;
(9) To exercise all the functions, powers and duties that previously were vested in the
board of regents for education, under the provisions of former §â€‚16-49-4(9), including
but not limited to the following specific functions:
(i) To approve the basic subjects and courses of study to be taught and instructional
standards required to be maintained in the public elementary and secondary schools
of the state;
(ii) To adopt standards and qualifications for the certification of teachers and to provide
for the issuance of certificates, and to establish fees for the certification of teachers.
The fees collected for the certification of teachers, along with various education
licensing and testing fees, shall be deposited by the council on elementary and secondary
education as general revenues. The funds appropriated by the general assembly shall
be utilized by the department of elementary and secondary education to establish and
support programs that enhance the quality and diversity of the teaching profession.
The commissioner of elementary and secondary education shall regularly make recommendations
to the board about specific programs and projects to be supported by those funds.
The commissioner shall oversee the funds, assess the effectiveness of its programs
and projects, and make recommendations about the general use and operation of the
funds to the board;
(iii) To be responsible for the distribution of state school funds;
(iv) To determine the necessity of school construction and to approve standards for design
and construction of school buildings throughout the state;
(v) To set standards for school libraries and school library services;
(vi) To make recommendations relative to transportation of pupils to school, school bus
routes, time schedules, and other matters relating to pupil transportation;
(vii) To enforce the provisions of all laws relating to elementary and secondary education;
(viii) To decide and determine appeals from decisions of the commissioner;
(ix) To prescribe forms for the use of local school committees and local officers when
reporting to the department of elementary and secondary education;
(x) To adopt and require standard accounting procedures for local school districts, except
as provided for in subdivision (3) of §â€‚16-24-2; and
(xi) To adopt and require standard uniform operating and capital budgeting procedures for
local school districts.
(10) To establish rules for the approval and accrediting of elementary and secondary schools;
(11) To recommend to the general assembly changes in the size and number of the school
districts within the state; and to make any further and other recommendations to the
general assembly as the council on elementary and secondary education may determine
to be necessary or desirable, including, but not limited to, proposals for incentives
for the coordination of services and facilities of certain school districts and the
feasibility of granting taxing authority to local school committees upon their request,
and the impact upon the quality of education within that particular community by granting
the request. In carrying out this duty, the council on elementary and secondary education
shall periodically issue reports in school district organizations for selected regions
and school districts;
(12) To exercise all other powers with relation to the field of elementary and secondary
education within this state not specifically granted to any other department, board,
or agency, and not incompatible with law, which the council on elementary and secondary
education may deem advisable;
(13) To exercise the authority previously vested in the board of regents for education
with relation to adult education as defined in §â€‚16-58-2 [repealed] and to establish definitive goals for and operate a comprehensive delivery
system for adult education programs and services, including the counseling and testing
of persons interested in obtaining high school equivalency diplomas, the issuance
of diplomas, and the maintenance of a permanent record of applications, tests, and
equivalency diplomas;
(14) To promote maximum efficiency and economy in the delivery of elementary and secondary
educational services in the state;
(15) To approve a training program for school committee members to enhance their individual
skills and their effectiveness as a corporate body. The training program should include,
but not be limited to, the following roles and responsibilities of school committees:
strategic planning, human and community relations, and school finance and budgeting;
(16) Within ninety (90) days after the end of each fiscal year, the board shall submit
an annual report to the governor, the speaker of the house of representatives, and
the president of the senate of its activities during that fiscal year. The report
shall provide: an operating statement summarizing meetings or hearings held, subjects
addressed, decisions rendered, rules or regulations promulgated, studies conducted,
policies and plans developed, approved, or modified, and programs administered or
initiated; a consolidated financial statement of all funds received and expended including
the source of the funds, a listing of any staff supported by these funds, and a summary
of any clerical, administrative or technical support received; a summary of performance
during the previous fiscal year including accomplishments, shortcomings and remedies;
a synopsis of hearings, complaints, suspensions, or other legal matters related to
the authority of the council; a briefing on anticipated activities in the upcoming
fiscal year; and findings and recommendations for improvements. The director of the
department of administration shall be responsible for the enforcement of the provisions
of this subsection;
(17) To prepare with the assistance of the commissioner a multi-year plan of priority educational
goals and objectives. This plan should recommend policy objectives, implementation
strategies, and a timetable for major policy initiatives;
(18) Each year the governor shall by writing notify the council on elementary and secondary
education concerning broad economic, cultural, and social needs that the education
system needs to consider which the council shall address in developing educational
plans and programs;
(19) Appoint a standing committee that will develop a schedule to systematically review
all council policies over a three-year (3) period;
(20) To prepare, with the assistance of the commissioner, a statement of regulatory policy.
This policy should set forth the goals and objectives of state regulations which are
expressed in terms of what educational inputs and outputs the board expects regulations
to address;
(21)(i) To prepare, with the assistance of the commissioner of elementary and secondary education,
and to present annually to the general assembly by January 1 a report on school discipline
in Rhode Island schools. This report shall include:
(A) Expulsions by district, including duration and the reason for each action;
(B) Suspensions by district, including duration and the reason for each action;
(C) Placements to alternative programs for disciplinary reasons;
(D) Assaults of teachers, students, and school staff by students;
(E) Incidents involving possession of weapons on school property. For the purpose of this
section, a weapon shall be considered any of those weapons described in §§â€‚11-47-2 and 11-47-42;
(F) Incidents of the sale of controlled substances by students;
(G) Incidents of the possession with the intent to sell controlled substances by students;
(H) Additional demographic information including, but not limited to, the ethnic and racial
classifications, age, and gender, as prescribed by the commissioner, of each of the
students involved in the incidents, events or actions described in subparagraphs (A)
through (G) of this subdivision; and
(I) A description of the education program provided to each student suspended for over
ten (10) consecutive school days in a school year.
(ii) All school superintendents shall supply the necessary information on forms established
by the commissioner of elementary and secondary education to the council on elementary
and secondary education to assist in the preparation of the council's report on school
discipline.
(22) To prepare and promulgate a uniform statewide school reporting system which would
provide information including, but not limited to, the following:
(i) Student and teacher attendance rates;
(ii) Standardized test scores;
(iii) Demographic profiles;
(iv) Results of polls of students, parents, and teachers;
(v) Descriptions of goals, initiatives, and achievements;
(vi) Best teaching practices;
(vii) Alternative student assessments;
(viii) Special programs; and
(ix) Number of student suspensions and teacher grievances and the amount of parental involvement.
(23) [Deleted by P.L. 2014, ch. 145, art. 20, §â€‚7].
(b) The council shall identify the benefit to students regarding the action that is taken
in executing its duties.