Rhode Island 2025 Regular Session

Rhode Island House Bill H5601 Compare Versions

Only one version of the bill is available at this time.

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5	5	2025 -- H 5601
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7	7	LC001250
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9	9	S T A T E O F R H O D E I S L A N D
10	10	IN GENERAL ASSEMBLY
11	11	JANUARY SESSION, A.D. 2025
12	12	____________
13	13
14	14	A N A C T
15	15	RELATING TO EDUCATION -- COUNCIL ON POSTSECONDARY EDUCAT ION
16	16	Introduced By: Representatives Giraldo, Alzate, and Morales
17	17	Date Introduced: February 26, 2025
18	18	Referred To: House Education
19	19
20	20
21	21	It is enacted by the General Assembly as follows:
22	22	SECTION 1. Section 16-59-4 and 16-59-6 of the General Laws in Chapter 16-59 entitled 1
23	23	"Council on Postsecondary Education [See Title 16 Chapter 97 — The Rhode Island Board of 2
24	24	Education Act]" are hereby amended to read as follows: 3
25	25	16-59-4. Powers and duties of the council on postsecondary education. 4
26	26	The council on postsecondary education shall have, in addition to those enumerated in § 5
27	27	16-59-1, the following powers and duties: 6
28	28	(1) To approve a systematic program of information gathering, processing, and analysis 7
29	29	addressed to every level, aspect, and form of higher education in this state especially as that 8
30	30	information relates to current and future educational needs so that current needs may be met with 9
31	31	reasonable promptness and plans formulated to meet future needs as they arise in the most efficient 10
32	32	and economical manner possible. 11
33	33	(2) To develop review and approve a the strategic plan, prepared by the commissioner of 12
34	34	postsecondary education pursuant to §16-59-6, implementing broad goals and objectives for higher 13
35	35	education in the state as established by the board of education, including a comprehensive capital 14
36	36	development program. 15
37	37	(3) To formulate broad policy to implement the goals and objectives established and 16
38	38	adopted by the board of education; to adopt standards and require enforcement; and to exercise 17
39	39	general supervision over all higher public education in the state and over independent higher 18
40	40	education in the state as provided in subsections (8) and (9) of this section. The board of education 19
41	41
42	42
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44	44	and the council shall not engage in the operation or administration of any subordinate committee, 1
45	45	university, junior college, or community college, except its own office of postsecondary education 2
46	46	and except as specifically authorized by an act of the general assembly; provided, the presidents of 3
47	47	each institution of higher learning shall be the chief administrative and executive officers of that 4
48	48	institution; and provided that nothing contained in this section shall prohibit their direct access to 5
49	49	or interfere with the relationship between the presidents and the board of education and the council. 6
50	50	(4) To communicate with and seek the advice of the commissioner of postsecondary 7
51	51	education, the presidents of the public higher education institutions, and all those concerned with, 8
52	52	and affected by, its determinations as a regular procedure in arriving at its conclusions and in setting 9
53	53	its policy. 10
54	54	(5) To prepare and maintain a five-year (5) funding plan for higher education that 11
55	55	implements the strategic financing recommendations of the board of education; to prepare, with the 12
56	56	assistance of the commissioner of postsecondary education, and to present annually to the state 13
57	57	budget officer, in accordance with § 35-3-4, a state higher education budget, which shall include, 14
58	58	but not be limited to, the budget of the office of postsecondary education and the budget of the state 15
59	59	colleges. In the preparation of the budget, the council shall implement priorities established by the 16
60	60	board of education of expenditures for public higher education purposes of state revenues and other 17
61	61	public resources made available for the support of higher public education. Prior to submitting the 18
62	62	budget to the state budget officer as required by the budget office instructions and this subsection, 19
63	63	the council shall present the budget to the board of education for its review and approval. Nothing 20
64	64	contained in this subdivision shall authorize the council to alter the allocation of grants or aid 21
65	65	otherwise provided by law. 22
66	66	(6) To maintain an office of postsecondary commissioner; to provide for its staffing and 23
67	67	organization; and to manage and oversee a commissioner of postsecondary education pursuant to 24
68	68	duties and responsibilities defined in §§ 16-59-6 and 16-59-7 [repealed]. The commissioner of 25
69	69	postsecondary education and the office of postsecondary commissioner shall have the duties and 26
70	70	responsibilities as defined in §§ 16-59-6 and 16-59-7 [repealed]. 27
71	71	(7) To appoint and dismiss presidents of the public institutions of higher learning with the 28
72	72	assistance of the commissioner of postsecondary education, and to establish procedures for this, 29
73	73	and with the assistance of the commissioner to approve or disapprove vice presidents of the public 30
74	74	institutions of higher learning appointed by the respective presidents of the public institutions of 31
75	75	higher learning. 32
76	76	(8) To establish other educational agencies or subcommittees necessary or desirable for the 33
77	77	conduct of any or all aspects of higher education and to determine all powers, functions, and 34
78	78
79	79
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81	81	composition of any agencies or subcommittees and to dissolve them when their purpose shall have 1
82	82	been fulfilled. 2
83	83	(9) To exercise the authority vested in the board of regents for education with relation to 3
84	84	independent higher educational institutions within the state under the terms of chapter 40 of this 4
85	85	title, and other laws affecting independent higher education in the state. 5
86	86	(10) To enforce the provisions of all laws relating to higher education, public and 6
87	87	independent. 7
88	88	(11) To be responsible for all the functions, powers, and duties that were vested in the board 8
89	89	of regents for education relating to higher education, including, but not limited to, the following 9
90	90	specific functions: 10
91	91	(i) To approve the role and scope of programs at public institutions of higher learning with 11
92	92	the assistance of the commissioner of postsecondary education which shall include, but not be 12
93	93	limited to, populations to be served, the type and level of programs, and academic fields offered. 13
94	94	(ii) To adopt and require standard accounting procedures for the office of postsecondary 14
95	95	commissioner and all public colleges and universities. 15
96	96	(iii) To approve a clear and definitive mission for each public institution of higher learning 16
97	97	with the assistance of the commissioner of postsecondary education that is consistent with the role 17
98	98	and scope of programs at the public institutions. 18
99	99	(iv) To promote maximum efficiency, economy, and cooperation in the delivery of public 19
100	100	higher educational services in the state and cooperation with independent institutions of higher 20
101	101	education. 21
102	102	(12) To incorporate into its own affirmative action reporting process periodic reports 22
103	103	monitoring specific faculty and staff searches by the chairperson of the search committee to include 23
104	104	the rationale for granting those interviews and the final hiring results. The institutions must 24
105	105	empower their affirmative action officer to monitor searches in this manner; to intervene during the 25
106	106	search; and, when necessary, to cause a search to cease if affirmative action goals are not being 26
107	107	adequately served. 27
108	108	(13) To incorporate a specific category for accountability on affirmative action goals and 28
109	109	implementation as part of the board’s annual evaluations and three-year (3) reviews for the 29
110	110	presidents of each of the public institutions of higher education. 30
111	111	(14) To make a formal request of the governor that, whenever an opportunity arises to make 31
112	112	new appointments to the board, that the governor make every effort to increase the number of 32
113	113	African Americans, Native Americans, Asians, and Hispanics on the board. 33
114	114	(15) To develop coherent plans for the elimination of unnecessary duplication in public 34
115	115
116	116
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118	118	higher education and addressing the future needs of public education within the state in the most 1
119	119	efficient and economical manner possible. 2
120	120	(16) To delegate to the presidents of each public higher education institution the authority 3
121	121	and responsibility for operational and management decisions related to their institutions, consistent 4
122	122	with the goals of the statewide strategic plan for postsecondary education; provided, however, that 5
123	123	the presidents may be required to provide information or updates to the council regarding any 6
124	124	delegated operational or management decisions. 7
125	125	(17) To approve application and renewal fees for all postsecondary institutions situated in 8
126	126	Rhode Island, public or private, that choose to participate in an interstate, postsecondary distance-9
127	127	education reciprocity agreement. 10
128	128	(18) To the extent necessary for participation, and to the extent required and stated in an 11
129	129	interstate distance-learning reciprocity agreement, the council shall promulgate procedures to 12
130	130	address complaints received from out-of-state students in connection with, or related to, any Rhode 13
131	131	Island postsecondary institution, public or private, that has been approved to participate in an 14
132	132	interstate distance-learning reciprocity agreement. 15
133	133	(19) To serve as the governing body of the division of higher education assistance and 16
134	134	exercise all powers and duties of the division of higher education assistance as set forth under the 17
135	135	terms of Chapter 57 of this title; however, any debts, liabilities, or obligations of the council that 18
136	136	result from its status as such governing body shall be payable solely from the revenues or assets of 19
137	137	reserve funds set forth and established by the prior Rhode Island higher education assistance 20
138	138	authority and/or the Rhode Island division of higher education assistance created pursuant to 21
139	139	Chapter 57 of this title, and not from any assets or property held by the council on postsecondary 22
140	140	education pursuant to this chapter. 23
141	141	(20) To guarantee one hundred percent (100%) of the unpaid principal and accrued interest 24
142	142	of any eligible loan made by a lender to any eligible borrower in existence prior to July 1, 2015, 25
143	143	for the purpose of assisting the students in obtaining an education in an eligible institution, subject, 26
144	144	however, to the limitation regarding any debts, liabilities, or obligations of the council set forth in 27
145	145	subsection (19) above, and in § 16-57-12. 28
146	146	(21) To prescribe rules and regulations deemed necessary or desirable to carry out the 29
147	147	purposes of serving as a guaranty agency for the loans set forth in subsection (20) of this section, 30
148	148	including without limitation rules and regulations: 31
149	149	(i) To ensure compliance by the division with the requirements imposed by statutes or 32
150	150	regulation governing the guaranty, insurance, purchase, or other dealing in eligible loans by federal 33
151	151	agencies, instrumentalities, or corporations; 34
152	152
153	153
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155	155	(ii) To set standards of eligibility for educational institutions, students, and lenders and to 1
156	156	define residency and all other terms as the division deems necessary to carry out the purposes of 2
157	157	this chapter; and 3
158	158	(iii) To set standards for the administration of programs of postsecondary student financial 4
159	159	assistance assigned by law to the division, including but not limited to savings programs. 5
160	160	Administrative rules governing savings programs shall authorize the division, in conjunction with 6
161	161	the commissioner of postsecondary education, to negotiate reciprocal agreements with institutions 7
162	162	in other states offering similar savings programs for the purpose of maximizing educational benefits 8
163	163	to students in this state. 9
164	164	(22) To establish penalties for violations of any order, rule, or regulation of the division, 10
165	165	and a method for enforcing these. 11
166	166	(23) To set and collect fees and charges, in connection with its guaranties and servicing, 12
167	167	including without limitation reimbursement of costs of financing by the division, service charges, 13
168	168	and insurance premiums and fees and costs associated with implementing and administering 14
169	169	savings programs established pursuant to this chapter. 15
170	170	(24) To hold and operate property previously held by the higher education assistance 16
171	171	authority in trust for the state, and to acquire, hold, and dispose of the property and other like 17
172	172	property as deemed necessary for the execution of its corporate purposes. 18
173	173	(25) To direct the public colleges of higher education to adopt and, upon approval by the 19
174	174	council, execute a process to accept the advanced placement subject test scores of students who 20
175	175	obtain a three (3) or better in any advanced placement course for college credit. 21
176	176	16-59-6. Commissioner of postsecondary education. 22
177	177	The council on postsecondary education, with approval of the board, shall appoint a 23
178	178	commissioner of postsecondary education, who shall serve at the pleasure of the council, provided 24
179	179	that his or her initial engagement by the council shall be for a period of not more than three (3) 25
180	180	years. For the purpose of appointing, retaining, or dismissing a commissioner of postsecondary 26
181	181	education, the governor shall serve as an additional voting member of the council. The position of 27
182	182	commissioner shall be in the unclassified service of the state and he or she shall serve as the chief 28
183	183	executive officer of the council on postsecondary education, the chief administrative officer of the 29
184	184	office of postsecondary commissioner, and the executive director of the division of higher 30
185	185	education assistance. The commissioner of postsecondary education shall have any duties that are 31
186	186	defined in this section and in this title and other additional duties as may be determined by the 32
187	187	council, and shall perform any other duties as may be vested in him or her by law. In addition to 33
188	188	these duties and general supervision of the office of postsecondary commissioner and the 34
189	189
190	190
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192	192	appointment of the several officers and employees of the office, it shall be the duty of the 1
193	193	commissioner of postsecondary education: 2
194	194	(1) To develop and implement a systematic program of information gathering, processing, 3
195	195	and analysis addressed to every aspect of higher education in the state, especially as that 4
196	196	information relates to current and future educational needs. 5
197	197	(2) To prepare a strategic plan for public higher education in the state aligned with to 6
198	198	implement the goals of the board of education’s strategic plan;, and to coordinate the goals and 7
199	199	objectives of the higher public education sector with the goals of the council on elementary and 8
200	200	secondary education and activities of the independent higher education sector where feasible. 9
201	201	(3) To communicate with, and seek the advice of those concerned with, and affected by the 10
202	202	board of education’s and council’s determinations. 11
203	203	(4) To implement broad policy as it pertains to the goals and objectives established by the 12
204	204	board of education and council on postsecondary education; to promote better coordination 13
205	205	between higher public education in the state, independent higher education in the state as provided 14
206	206	in subsection (10) of this section, and preK-12 education; to assist in the preparation of the budget 15
207	207	for public higher education; and to be responsible, upon direction of the council, for the allocation 16
208	208	of appropriations, the acquisition, holding, disposition of property. 17
209	209	(5) To be responsible for the coordination of the various higher educational functions of 18
210	210	the state so that maximum efficiency and economy can be achieved. 19
211	211	(6) To assist the board of education in preparation and maintenance of a five-year (5) 20
212	212	strategic funding plan for higher education; to assist the council in the preparation and presentation 21
213	213	annually to the state budget officer in accordance with § 35-3-4 of a total, public higher educational 22
214	214	budget. 23
215	215	(7) To recommend to the council on postsecondary education, after consultation with the 24
216	216	presidents, a clear and definitive mission for each college. 25
217	217	(8) To annually recommend to the council on postsecondary education, after consultation 26
218	218	with the presidents, the creation, abolition, retention, or consolidation of departments, divisions, 27
219	219	programs, and courses of study within the public colleges to eliminate unnecessary duplication in 28
220	220	public higher education, to address the future needs of public higher education in the state, and to 29
221	221	advance proposals recommended by the presidents of the public colleges pursuant to §§ 16-33-2.1 30
222	222	and 16-33.1-2.1. 31
223	223	(9) To supervise the operations of the office of postsecondary commissioner, including the 32
224	224	division of higher education assistance, and any other additional duties and responsibilities that 33
225	225	may be assigned by the council. 34
226	226
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229	229	(10) To perform the duties vested in the council with relation to independent higher 1
230	230	educational institutions within the state under the terms of chapter 40 of this title and any other 2
231	231	laws that affect independent higher education in the state. 3
232	232	(11) To be responsible for the administration of policies, rules, and regulations of the 4
233	233	council on postsecondary education with relation to the entire field of higher education within the 5
234	234	state, not specifically granted to any other department, board, or agency and not incompatible with 6
235	235	law. 7
236	236	(12) To prepare standard accounting procedures for public higher education and all public 8
237	237	colleges. 9
238	238	(13) To carry out the policies and directives of the board of education and the council on 10
239	239	postsecondary education through the office of postsecondary commissioner and through utilization 11
240	240	of the resources of the public colleges. 12
241	241	(14) To enter into interstate reciprocity agreements regarding the provision of 13
242	242	postsecondary distance education; to administer such agreements; to approve or disapprove 14
243	243	applications to voluntarily participate in such agreements from postsecondary institutions that have 15
244	244	their principal place of business in Rhode Island; and to establish annual fees, with the approval of 16
245	245	the council on postsecondary education, for aforesaid applications to participate in an interstate 17
246	246	postsecondary distance education reciprocity agreement. 18
247	247	(15) To the extent necessary for participation, and to the extent required and stated in any 19
248	248	distance learning reciprocity agreement, to implement procedures to address complaints received 20
249	249	from out-of-state students in connection with, or related to, any Rhode Island postsecondary 21
250	250	institution, public or private, that has been approved to participate in said reciprocity agreement. 22
251	251	(16) To oversee the processes that the community college of Rhode Island, Rhode Island 23
252	252	college, and the university of Rhode Island adopt and execute, pursuant to §§ 16-32-2(i) and 16-24
253	253	59-4(25), to accept advanced placement subject test scores of students who obtain a three (3) or 25
254	254	better in any advanced placement course for college credit. 26
255	255	(17) To collect data annually related to awarding college credit to students who receive test 27
256	256	scores of three (3) or higher on advanced placement courses, including, but not limited to: 28
257	257	(i) The number of students who receive college credit at each public institution of higher 29
258	258	learning for obtaining advanced placement test scores of three (3) or higher; 30
259	259	(ii) The number of college credits issued by the community college of Rhode Island, Rhode 31
260	260	Island college, and the university of Rhode Island due to students’ advanced placement subject test 32
261	261	scores of three (3) (“qualified”) or better in any advanced placement course; and 33
262	262	(iii) Any other relevant data as determined by the commissioner. 34
263	263
264	264
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266	266	(18) To exercise all powers and duties of the division of higher education assistance as set 1
267	267	forth under the terms of chapter 57 of this title. 2
268	268	SECTION 2. Chapter 16-59 of the General Laws entitled "Council on Postsecondary 3
269	269	Education [See Title 16 Chapter 97 — The Rhode Island Board of Education Act]" is hereby 4
270	270	amended by adding thereto the following section: 5
271	271	16-59-6.1. Commissioner of postsecondary education -- Additional duties. 6
272	272	(a) In addition to the duties that are set forth in § 16-59-6, that may be determined by the 7
273	273	council on postsecondary education, and that may be vested in the commissioner of postsecondary 8
274	274	education (the "commissioner") by law, the commissioner shall: 9
275	275	(1) Prepare a strategic plan for public higher education in the state, pursuant to § 16-59-10
276	276	6(2). The strategic plan for public higher education shall: 11
277	277	(i) Be aligned with the goals of the board of education's strategic plan for education; 12
278	278	(ii) Be developed with input from the governing bodies of the state's public institutions of 13
279	279	higher learning; 14
280	280	(iii) Direct public higher education to be accountable for increasing the educational 15
281	281	attainment levels of Rhode Islanders; 16
282	282	(iv) Be reviewed and revised as deemed appropriate by the commissioner; provided 17
283	283	however, it is performed at least once every three (3) years; 18
284	284	(v) Be approved by the council on postsecondary education; and 19
285	285	(vi) Include, but not be limited to, proposals for: 20
286	286	(A) Addressing the state's economic development, workforce development and research 21
287	287	needs; 22
288	288	(B) Ensuring increased degree production; 23
289	289	(C) Using institutional mission differentiation to realize statewide efficiencies through 24
290	290	institutional collaboration and minimized redundancy in degree offerings; and 25
291	291	(D) Consolidating services and standardizing processes between the public institutions of 26
292	292	higher learning to improve efficiency and effectiveness in areas including, but not limited to, 27
293	293	student services, academic support, and institutional support. 28
294	294	(2) Make funding recommendations to the public institutions of higher learning. The 29
295	295	recommendations shall: 30
296	296	(i) Include, but not be limited to, proposals for implementing the strategic plan for public 31
297	297	higher education; and 32
298	298	(ii) Be provided to the general assembly, the governor, and the council on postsecondary 33
299	299	education on an annual basis. 34
300	300
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303	303	(3) Consult with the public institutions of higher learning to develop policies and guidelines 1
304	304	for the equitable distribution of public funds among them in a way that furthers the goals of the 2
305	305	strategic plan for public higher education. The policies or guidelines shall result in an outcomes-3
306	306	based model. This model shall emphasize outcomes across a range of variables that shall be 4
307	307	weighted to reinforce each institution's mission and provide incentives for productivity 5
308	308	improvements consistent with the strategic plan for public higher education. 6
309	309	(i) In the implementation of this subsection, the commissioner shall consult with the state's 7
310	310	general treasurer and the office of management and budget to establish uniform standards of 8
311	311	accounting, records, and statistical reporting systems in accordance with accepted national 9
312	312	standards. 10
313	313	(4) That an associate of science or associate of arts degree from the community college of 11
314	314	Rhode Island shall be deemed to have met all general education and core requirements for transfer 12
315	315	to a Rhode Island public institution of higher learning as a junior. Notwithstanding this provision, 13
316	316	admission into a particular program, school, or college within the institution shall remain 14
317	317	competitive in accordance with generally applicable policies. 15
318	318	(5) That community college students who wish to earn baccalaureate degrees in the state's 16
319	319	public higher education system shall be provided with clear and effective information and 17
320	320	directions that specify curricular paths to a degree. Such information shall include, but is not limited 18
321	321	to: 19
322	322	(i) Listings of course offerings that clearly identify courses that are not designed to be 20
323	323	transferable under the provisions of this subsection. 21
324	324	(6) In developing policies to implement the provisions of this section, the office of the 22
325	325	postsecondary commissioner shall seek input from and the participation of faculty and the 23
326	326	appropriate administrative staff, in accordance with existing faculty union contracts and shared 24
327	327	governance practices. 25
328	328	(b) The provisions of this section shall be fully implemented no later than the beginning of 26
329	329	the 2027-2028 academic year. At the start of the 2026-2027 academic year, and at the start of each 27
330	330	academic year thereafter, the commissioner shall report to the senate president and the speaker of 28
331	331	the house regarding the implementation of this section. 29
332	332	SECTION 3. This act shall take effect upon passage. 30
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339	339	EXPLANATION
340	340	BY THE LEGISLATIVE COUNCIL
341	341	OF
342	342	A N A C T
343	343	RELATING TO EDUCATION -- COUNCIL ON POSTSECONDARY EDUCATION
344	344	***
345	345	This act would assign additional duties to the commissioner of postsecondary education, 1
346	346	including, but not limited to, preparing a strategic plan for public higher education which is aligned 2
347	347	with the goals of the board of education's strategic plan and which would provide for equitable 3
348	348	distribution of public funds. This act would also provide that any policies and goals adopted would 4
349	349	have an outcomes-based model emphasizing outcomes across a range of variables. 5
350	350	This act would take effect upon passage. 6
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