2008 -- H 7714

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LC02281

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STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2008

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A N A C T

RELATING TO EDUCATION - BOARD OF REGENTS FOR ELEMENTARY AND

SECONDARY EDUCATION

     Introduced By: Representative Steven F. Smith

     Date Introduced: February 26, 2008

     Referred To: House Health, Education & Welfare

It is enacted by the General Assembly as follows:

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     SECTION 1. Section 16-60-4 of the General Laws in Chapter 16-60 entitled "Board of

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Regents for Elementary and Secondary Education" is hereby amended to read as follows:

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     16-60-4. Board of regents for elementary and secondary education -- Powers and

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duties. -- The board of regents for elementary and secondary education shall have in addition to

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those enumerated in section 16-60-1, 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 aspect of elementary and secondary 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

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efficient and economical manner possible.

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      (2) To approve a master plan defining broad goals and objectives for elementary and

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secondary education in the state. These goals and objectives shall be expressed in terms of what

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men and women should know and be able to do as a result of their educational experience. The

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regents shall continually evaluate the efforts and results of education in the light of these

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objectives.

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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 regents; to adopt standards and require enforcement and to exercise

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general supervision over all elementary and secondary public and nonpublic education in the state

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as provided in subdivision (8) of this section. The board of regents shall not engage in the

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operation or administration of any subordinate committee, local school district, school, school

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service, or school program, except its own department of elementary and secondary education,

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and except as specifically authorized by an act of the general assembly. The adoption and

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submittal of the budget and the allocation of appropriations, the acquisition, holding, disposition,

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and general management of property shall not be construed to come within the purview of the

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preceding prohibition. The regents shall communicate with and seek the advice of the

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commissioner of elementary and secondary education and all those concerned with and affected

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by its determinations as a regular procedure in arriving at its conclusions and in setting its policy.

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      (4) To allocate and coordinate the various educational functions among the educational

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agencies of the state and local school districts and to promote cooperation among them so that

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maximum efficiency and economy shall be achieved.

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      (5) (i) To prepare with the assistance of the commissioner of elementary and secondary

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education and to present annually to the state budget officer, in accordance with section 35-3-4, a

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total educational budget for the elementary and secondary sector which shall include, but not be

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limited to, the budgets of the department of elementary and secondary education, subordinate

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boards and agencies, and state aid to local school districts.

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      (ii) In the preparation of the budget, the regents shall determine priorities of expenditures

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for elementary and secondary education purposes of state revenues and other public resources

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made available for the support of public elementary and secondary education among the various

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education agencies of the state. Nothing contained in this section shall authorize any individual or

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group of individuals to reallocate resources in a manner other than that prescribed in the budget as

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appropriations by the general assembly.

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      (6) To maintain a department of elementary and secondary education, to provide for its

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staffing and organization and to appoint a commissioner of elementary and secondary education

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pursuant to section 16-60-6 who shall serve at its pleasure. The commissioner of elementary and

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secondary education and the department of elementary and secondary education shall have any

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duties and responsibilities as defined in sections 16-60-6 and 16-60-7.

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

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the conduct of any or all aspects of elementary and secondary education and to determine all

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powers, functions, and composition of any agencies or subcommittees and to dissolve them when

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their purpose shall have been fulfilled; provided that nothing contained in this subdivision shall

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be construed to grant the regents the power to establish subcommittees or agencies performing the

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duties and functions of local school committees except as provided in section 16-1-10.

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      (8) To exercise the authority previously vested in the board of regents for education with

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relation to secondary nonpublic educational institutions within the state under the terms of

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chapter 40 of this title and other laws affecting nonpublic education in the state, and to cause the

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department of elementary and secondary education to administer the provisions of that section.

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      (9) To exercise all the functions, powers and duties which previously were vested in the

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board of regents for education, under the provisions of former section 16-49-4(9), including but

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not limited to the following specific functions:

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      (i) To approve the basic subjects and courses of study to be taught and instructional

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standards required to be maintained in the public elementary and secondary schools of the state.

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      (ii) To adopt standards and qualifications for the certification of teachers and to provide

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for the issuance of certificates, and to establish fees for the certification of teachers. The fees

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collected for the certification of teachers along with various education licensing and testing fees

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shall be deposited by the board of regents as general revenues. The funds appropriated by the

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general assembly shall be utilized by the department of elementary and secondary education to

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establish and support programs which enhance the quality and diversity of the teaching

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profession. The commissioner of elementary and secondary education shall regularly make

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recommendations to the board about specific programs and projects to be supported by those

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funds. The commissioner shall oversee the funds, assess the effectiveness of its programs and

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projects, and make recommendations about the general use and operation of the funds to the

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board.

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      (iii) To be responsible for the distribution of state school funds.

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      (iv) To determine the necessity of school construction and to approve standards for

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design and construction of school buildings throughout the state.

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      (v) To set standards for school libraries and school library services.

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      (vi) To make recommendations relative to transportation of pupils to school, school bus

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routes, time schedules, and other matters relating to pupil transportation.

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      (vii) To enforce the provisions of all laws relating to elementary and secondary

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education.

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      (viii) To decide and determine appeals from decisions of the commissioner.

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      (ix) To prescribe forms for the use of local school committees and local officers when

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reporting to the department of elementary and secondary education.

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      (x) To adopt and require standard accounting procedures for local school districts, except

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as provided for in subdivision (3) of section 16-24-2.

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      (xi) To adopt and require standard uniform operating and capital budgeting procedures

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for local school districts.

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      (10) To establish rules for the approval and accrediting of elementary and secondary

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schools.

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      (11) To recommend to the general assembly changes in the size and number of the

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school districts within the state; and to make any further and other recommendations to the

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general assembly as the board of regents may determine to be necessary or desirable, including,

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but not limited to, proposals for incentives for the coordination of services and facilities of certain

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school districts and the feasibility of granting taxing authority to local school committees upon

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their request, and the impact upon the quality of education within that particular community by

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granting the request. In carrying out this duty, the board of regents shall periodically issue reports

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in school district organizations for selected regions and school districts.

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      (12) To exercise all other powers with relation to the field of elementary and secondary

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education within this state not specifically granted to any other department, board, or agency, and

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not incompatible with law, which the board of regents for elementary and secondary education

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may deem advisable.

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      (13) To exercise the authority previously vested in the board of regents for education

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with relation to adult education as defined in section 16-58-2 and to establish definitive goals for

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and operate a comprehensive delivery system for adult education programs and services,

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including the counseling and testing of persons interested in obtaining high school equivalency

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diplomas, the issuance of diplomas, and the maintenance of a permanent record of applications,

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tests, and equivalency diplomas.

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      (14) To promote maximum efficiency and economy in the delivery of elementary and

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secondary educational services in the state.

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      (15) To approve a training program for school committee members to enhance their

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individual skills and their effectiveness as a corporate body. The training program should include,

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but not be limited to, the following roles and responsibilities of school committees: strategic

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planning, human and community relations, and school finance and budgeting.

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      (16) Submit to the governor and general assembly an annual progress report on the

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condition of elementary and secondary education.

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      (17) To prepare with the assistance of the commissioner a multi-year plan of priority

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educational goals and objectives. This plan should recommend policy objectives, implementation

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strategies, and a timetable for major policy initiatives.

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      (18) Each year the governor shall by writing notify the board of regents for elementary

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and secondary education concerning broad economic, cultural, and social needs that the education

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system needs to consider which the board shall address in developing educational plans and

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programs.

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      (19) Appoint a standing committee that will develop a schedule to systematically review

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all board policies over a three (3) year period.

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      (20) To prepare with the assistance of the commissioner a statement of regulatory policy.

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This policy should set forth the goals and objectives of state regulations which are expressed in

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terms of what educational inputs and outputs the board expects regulations to address.

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      (21) (i) To prepare with the assistance of the commissioner of elementary and secondary

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education and to present annually to the general assembly by January 1 a report on school

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discipline in Rhode Island schools. This report shall include:

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      (A) Expulsions by district, including duration and the reason for each action.

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      (B) Suspensions by district, including duration and the reason for each action.

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      (C) Placements to alternative programs for disciplinary reasons.

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      (D) Assaults of teachers, students, and school staff by students.

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      (E) Incidents involving possession of weapons on school property. For the purpose of

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this section, a weapon shall be considered any of those weapons described in sections 11-47-2

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and 11-47-42.

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      (F) Incidents of the sale of controlled substances by students.

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      (G) Incidents of the possession with the intent to sell controlled substances by students.

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      (H) Additional demographic information including, but not limited to, the ethnic and

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racial classifications, age, and gender, as prescribed by the commissioner, of each of the students

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involved in the incidents, events or actions described in subparagraphs (A) through (G) of this

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subdivision.

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      (I) A description of the education program provided to each student suspended for over

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ten (10) consecutive school days in a school year.

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      (ii) All school superintendents shall supply the necessary information on forms

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established by the commissioner of elementary and secondary education to the board of regents to

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assist in the preparation of the board of regents' report on school discipline.

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      (22) To prepare and promulgate a uniform statewide school reporting system which

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would provide information including, but not limited to, the following:

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      (i) Student and teacher attendance rates;

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      (ii) Standardized test scores;

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      (iii) Demographic profiles;

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      (iv) Results of polls of students, parents, and teachers;

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      (v) Descriptions of goals, initiatives, and achievements;

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      (vi) Best teaching practices;

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      (vii) Alternative student assessments;

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      (viii) Special programs;

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      (ix) Number of student suspensions and teacher grievances and the amount of parental

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involvement.

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     (23) The board shall conduct a training course for newly appointed and qualified

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members within six (6) months of their qualification. The course shall be developed by the

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chairperson of the board, approved by the board, and conducted by the chairperson of the board.

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The board may approve the use of any board or staff members or other individuals to assist with

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training. The training course shall include instruction in the following areas: the provisions of

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chapters 42-46, 36-14, and 38-2; and the board's own rules. The director of the department of

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administration shall, within ninety (90) days of the effective date of this act, prepare and

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disseminate training materials relating to the provisions of chapters 42-46, 36-14, and 38-2.

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     (24) To prepare, with the assistance of the commissioner of elementary and secondary

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education, rules and regulations requiring parents of chronically disruptive students to attend

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school conferences. These rules and regulations shall be enforceable by the family court and

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shall only apply to those students who show a pattern of misbehavior that interrupts learning in

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the classroom.

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     SECTION 2. This act shall take effect upon passage.

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LC02281

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EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N A C T

RELATING TO EDUCATION - BOARD OF REGENTS FOR ELEMENTARY AND

SECONDARY EDUCATION

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     This act would give the board of regents for elementary and secondary education the

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authority to require parents of chronically disruptive students to attend conferences.

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     This act would take effect upon passage.

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LC02281

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