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title-16•Title 16 — Education
[Repealed]
History of Section. P.L. 1951, ch. 2752, §§ 3 — 5, 9; Repealed by P.L. 1988, ch. 84, § 43, effective May 7, 1988.
It shall be the duty of the commissioner of elementary and secondary education:
(1) To carry out the policies and program formulated by the council on elementary and secondary education.
(2) To evaluate credentials of applicants for certificates, to verify that the certification of teachers is in accordance with law and established standards, and to issue certificates at the direction of the board.
(3) To certify the approval of accredited schools.
(4) To recommend to the board an outline of the subjects and courses of study and the instructional standards for elementary and secondary schools.
(5) To approve the distribution of state school funds in accordance with law and the regulations of the board.
(6) To verify that school sites and school building plans are in accordance with law and regulations.
(7) To exercise supervision over school libraries and library services.
(8) To certify that school bus routes and schedules and all contracts for pupil transportation conform with provisions of law and the rules and regulations of the board.
(9) To require the observance of all laws relating to schools and education.
(10) To interpret school law and to decide such controversies as may be appealed to the commissioner from decisions of local school committees.
(11) To prepare and recommend standard forms for the use of local schools.
(12)(i) To prepare, with the assistance of the department of administration, manuals of uniform budgetary and standard financial records and procedures for local school officers. The board of regents shall adopt uniform local school budgeting procedures no later than July 1, 1989, and those procedures should include, at a minimum, the following:
(A) Provision for uniform classification of revenues and expenditures;
(B) Requirements of detailed expenditure estimates and a table of organization including the proposed staffing of each school;
(C) Estimates of receipts and expenditures for the last two (2) completed fiscal years, the current and ensuing fiscal years; and
(ii) To carry out the purpose of this subsection a sum of ten thousand dollars ($10,000) not otherwise appropriated shall be included in the appropriation made to support the department of elementary and secondary education.
(13) To receive general supervision from the council on elementary and secondary education and to appoint the several officers and employees of the department subject to the provisions of the state merit system act, chapters 3 and 4 of title 36.
(14) To establish health education, alcohol and substance abuse programs for students in grades kindergarten (K) through twelve (12), in accordance with § 35-4-18. The program will consist of the following: A mandated state health education, alcohol and substance abuse curriculum for grades kindergarten (K) through twelve (12), a mandated assessment program in the areas of health, fitness, alcohol and substance abuse, and an in-service training program that will be developed specifically for the implementation of the mandated curriculum.
(15)(i) To appoint a three-member (3) committee for the purpose of choosing a “teacher of the year” among teachers in public school grades kindergarten (K) through twelve (12). The “teacher of the year” shall receive an award of one thousand dollars ($1,000).
(ii) It is the intent of the general assembly that the funds necessary to carry out the provisions of this subdivision shall be provided within the annual appropriations act.
(16) To institute a process to review, revise, and adopt statewide academic standards that align with state assessments for the core subjects of mathematics, English language arts, science and technology, history and social studies, world languages, and the arts.
(17) To institute a process for adapting, adopting, and developing curriculum frameworks for mathematics, English language arts, science and technology, history and social studies, world languages, and the arts covered by the academic standards.
(18) To institute a process for reviewing and identifying high-quality curriculum and materials in mathematics, English language arts, and science and technology.
(19) To prepare each year a plan for providing statewide assistance in the preparation and implementation of professional development plans.
History of Section. P.L. 1951, ch. 2752, § 10; impl. am. P.L. 1952, ch. 2975, § 2; G.L. 1956, § 16-1-5; P.L. 1986, ch. 412, § 3, P.L. 1988, ch. 394, § 1; P.L. 1988, ch. 336, § 7; P.L. 1993, ch. 188, § 1; P.L. 1996, ch. 404, § 11; P.L. 2004, ch. 186, § 1; P.L. 2004, ch. 243, § 1; P.L. 2019, ch. 224, § 1; P.L. 2019, ch. 259, § 1.
History of Section. G.L. 1896, ch. 51, §§ 9, 13; P.L. 1901, ch. 809, § 10; G.L. 1909, ch. 63, §§ 10, 14; G.L. 1923, ch. 65, §§ 7, 14; G.L. 1938, ch. 176, §§ 4, 5; Repealed by P.L. 1988, ch. 84, § 43, effective May 7, 1988.
The commissioner of elementary and secondary education shall visit, as often as practicable, every city and town in the state, for the purpose of inspecting the schools, and diffusing as widely as possible, by public addresses and personal communications with school officers, teachers, and parents, a knowledge of the defects, and of any desirable improvements, in the administration of the system and the government and instruction of the schools.
History of Section. G.L. 1896, ch. 52, § 3; G.L. 1909, ch. 64, § 3; G.L. 1923, ch. 66, § 4; G.L. 1938, ch. 177, § 4; P.L. 1951, ch. 2752, § 20; G.L. 1956, § 16-1-8.
[Repealed]
History of Section. G.L. 1896, ch. 52, § 4; G.L. 1909, ch. 64, § 4; G.L. 1923, ch. 66, § 5; G.L. 1938, ch. 177, § 5; G.L. 1956, § 16-1-9; P.L. 1963, ch. 12, § 3; Repealed by P.L. 1978, ch. 159, § 4. For present provisions see § 16-23-3.
(a) The school committee of any city or town in which the taxable property is not adequate, at the average rate of taxation for public school support throughout the state, to provide with the money that may be apportioned from the general treasury an amount sufficient to provide and maintain public schools of a high standard, may at a regular meeting held before the first day of July in any year request the department of elementary and secondary education to assume the supervision, control, and management of the public schools of the city or town for the ensuing year; provided that the city or town has appropriated for the support of public schools for the year a sum equivalent to thirty cents (30¢) on each one hundred dollars ($100) of the assessed valuation of the city or town. Upon receiving the request the department, if it is satisfied that the request is warranted and that the best interests of the public schools would be served, may assume supervision, control, and management.
(b) The department shall make available in its school lunch program low fat fortified milk with a milk fat content of one percent (1%) or less.
History of Section. P.L. 1913, ch. 947, § 1; P.L. 1922, ch. 2234, § 19; G.L. 1923, ch. 67, § 10; G.L. 1938, ch. 192, § 10; impl. am. P.L. 1951, ch. 2752, § 21; G.L. 1956, § 16-1-10; P.L. 1973, ch. 219, § 2.
For the purposes of this section and §§ 16-1-10 and 16-5-22, the department of elementary and secondary education shall be subrogated to all the powers and functions of the city or town school committee, including the right to draw orders upon the city or town treasurer for the payment for the support of the public schools of the city or town of any money in the city or town treasury required by law to be accredited to the public school account. The department of elementary and secondary education may also apportion to or expend for the support of the public schools of the city or town any part of the annual appropriation for public schools provided by § 16-4-5 as shall not be apportioned for other purposes, or the whole, or any part of the annual appropriation as the general assembly shall make for the purposes of this section and §§ 16-1-10 and 16-5-22.
History of Section. P.L. 1913, ch. 947, § 1; P.L. 1922, ch. 2234, § 19; G.L. 1923, ch. 67, § 10; G.L. 1938, ch. 192, § 10; impl. am. P.L. 1951, ch. 2752, § 21; G.L. 1956, § 16-1-11.
History of Section. P.L. 1951, ch. 2752, §§ 21, 24; Repealed by P.L. 1988, ch. 84, § 43, effective May 7, 1988.
[Repealed]
History of Section. P.L. 1993, ch. 308, § 1; P.L. 1994, ch. 61, § 1; P.L. 1995, ch. 370, art. 18, § 3; P.L. 1996, ch. 100, art. 23, § 1; Repealed by P.L. 2003, ch. 376, art. 9, § 14, effective July 1, 2003. For present comparable provisions, see § 16-8-10.1.
There is hereby created a restricted receipt account with the department of elementary and secondary education for the purpose of receiving and expending monies from any other sources, public or private, limited to gifts, grants, and donations. The department shall deposit any revenues from such sources into the restricted receipt account to be used for the same educational purposes that its state appropriation is used, unless otherwise limited by any agreement to use such funds.
History of Section. P.L. 2021, ch. 162, art. 2, § 1, effective July 6, 2021.
Wherever the word “town” is used in this chapter, it shall be construed to mean “city or town.”
History of Section. G.L. 1938, ch. 178, § 36; G.L. 1956, § 16-2-1.
(a)(1) Except as specifically provided in this section, every city or town shall establish and maintain for at least one hundred eighty (180) days annually or the equivalent thereof, exclusive of holidays, a sufficient number of schools in convenient places under the control and management of the school committee and under the supervision of the Rhode Island Board of Education. In lieu of a convenient location, the school committee may provide transportation for pupils to and from school in accordance with the provisions of chapter 21 of this title. Provided, that a school district may establish a school year that is the equivalent of one hundred eighty (180) days through the use of longer school days or combination of longer and shorter school days in terms of school hours, or pursuant to subsection (c) of this section, and that may total less than one hundred eighty (180) separate days, so long as through the use of longer school days or through the use of a combination of longer and shorter school days, the school district annually provides a minimum of one thousand eighty (1,080) school hours in a single school year. For purposes of clarification, the intent herein is to permit school districts flexibility in the delivery of educational services, but to ensure that in doing so, school districts shall still provide one thousand eighty (1,080) school hours in a single school year and shall still provide any instructional hours minimum in a single school year. Provided, however, that the flexibility granted herein also applies to a daily instructional hours minimum otherwise required by the Rhode Island Board of Education or by the department of elementary and secondary education. Nothing herein shall be deemed to limit a school district from exceeding the minimum amounts of days and hours set forth herein.
(2) School districts intending to make use of the flexibility provided herein shall submit a detailed school day plan and a proposed school calendar to the commissioner of elementary and secondary education for approval. The commissioner shall review the submitted school day plan and the submitted calendar to determine whether the plan and calendar are academically sound and fiscally efficient. The commissioner shall not unreasonably deny the plan and/or the calendar.
(3) Professional development, including common planning time, is critically important to provide the best instruction for students, meet legislative requirements, and maintain best practices. For this reason, districts are allowed the flexible use early release days; provided that districts meet the yearly requirement of one thousand eighty (1,080) school hours.
(b) School facilities shall include a sufficient number of kindergartens.
(c) On or before December 1, 2017, the department of elementary and secondary education shall establish a policy that allows a school district to submit a detailed plan, at any time, to the commissioner of elementary and secondary education that would allow the schools to conduct instruction through virtual education when the schools have been closed due to inclement weather or other emergency. The plan for virtual education would be subject to, and require approval by, the council on elementary and secondary education in order to count as a school day.
History of Section. G.L. 1896, ch. 54, § 1; G.L. 1909, ch. 66, § 1; P.L. 1914, ch. 1097, § 1; G.L. 1923, ch. 69, § 1; P.L. 1927, ch. 970, § 1; G.L. 1938, ch. 179, § 1; P.L. 1956, ch. 3642, § 1; G.L. 1956, § 16-2-2; P.L. 1967, ch. 111, § 1; P.L. 2001, ch. 86, § 26; P.L. 2013, ch. 434, § 1; P.L. 2017, ch. 258, § 1; P.L. 2017, ch. 264, § 1; P.L. 2024, ch. 433, § 1, effective June 29, 2024; P.L. 2024, ch. 434, § 1, effective June 29, 2024.
In the event of any emergency brought about by the incidence of any epidemic or the threat of an epidemic or any emergency which may endanger the health of children or the physical well being of the community, the school committee of any city or town with the approval of the board of regents for elementary and secondary education may reduce the number of school days to not less than one hundred seventy (170) days; provided, that the compensation of teachers, janitors, clerks, and other employees in the public schools of the city or town shall not be reduced by reason of the shortening of the school year.
History of Section. G.L. 1938, ch. 179, § 1; P.L. 1956, ch. 3642, § 1; G.L. 1956, § 16-2-3.
[Repealed]
History of Section. G.L. 1896, ch. 54, § 5; G.L. 1909, ch. 66, § 3; G.L. 1923, ch. 69, § 3; G.L. 1938, ch. 179, § 3; G.L. 1956, § 16-2-4; Repealed by P.L. 1996, ch. 404, § 12, effective August 9, 1996.
The school committee of each city or town shall consist of three (3) residents of the city or town, or of any number as at the present time constitute the committee. In cities or towns having annual elections of city or town officers the committee shall be divided as equally as may be into three (3) classes whose several terms of office shall expire at the end of three (3) years from the dates of their respective elections. In cities or towns having biennial elections the committee shall be divided as equally as may be into two (2) classes whose several terms of office shall expire at the end of four (4) years from the dates of their respective elections. As the office of each class shall become vacant, the vacancy or vacancies shall be filled by the city or town at its regular city or town meeting for the election of state or city or town officers, or by the city or town council at its next meeting after this. In case of a vacancy by death, resignation, or otherwise than as is provided in this section, the vacancy shall be filled by the city or town council until the next regular city or town meeting for the election of state or city or town officers, when it shall be filled for the unexpired term as is provided in this section. This section shall not apply to the cities of Providence, Central Falls, Woonsocket, or the towns of Coventry and North Smithfield.
History of Section. G.L. 1896, ch. 54, § 7; G.L. 1909, ch. 66, § 4; G.L. 1923, ch. 69, § 4; P.L. 1925, ch. 680, § 16; P.L. 1926, ch. 889, § 15; G.L. 1938, ch. 179, § 4; G.L. 1956, § 16-2-5; P.L. 1988, ch. 84, § 71; P.L. 2015, ch. 1, § 3; P.L. 2015, ch. 4, § 3; 2023 Local Act No. 58, § 3, effective June 23, 2023; 2023 Local Act No. 63, § 3, effective June 24, 2023.
(a) The Rhode Island College in cooperation with the Rhode Island association of school committees shall develop a professional development educational program for Rhode Island school committees, that will include instruction in labor and labor relations, negotiating collective bargaining agreements, employee contract analysis, school finance, school law; duties and responsibilities of the committee, duties and responsibilities of the superintendent, ethics, the requirements of the open meetings law, student achievement, strategic planning, educational standards, student assessment, school accountability, data interpretation and analysis, collaboration building, advocacy, annual performance evaluation of the school superintendent and the local school committee, and any other topics as the Rhode Island association of school committees may deem to be necessary.
(b) In conformity with § 16-60-4(15), the board of regents for elementary and secondary education shall approve the professional development program and create a process for recognizing school committee members that successfully complete the program in part or in whole.
History of Section. P.L. 1994, ch. 309, § 1; P.L. 2003, ch. 317, § 1; P.L. 2003, ch. 343, § 1; P.L. 2004, ch. 127, § 1; P.L. 2004, ch. 476, § 1; P.L. 2007, ch. 335, § 1.
The school committee of each city or town shall choose a chairperson and clerk, either of whom may sign any orders or official papers, and may be removed at the pleasure of the committee. The clerk, under the direction of the committee, shall keep a journal of the proceedings of the committee.
History of Section. G.L. 1896, ch. 60, § 1; G.L. 1909, ch. 67, § 1; G.L. 1923, ch. 70, § 1; P.L. 1927, ch. 982, § 1; G.L. 1938, ch. 178, § 1; G.L. 1956, § 16-2-6.
The clerk of the school committee, when required by the department of elementary and secondary education, shall distribute any school documents and blanks as shall be sent to the clerk to the persons for whom they are intended.
History of Section. G.L. 1896, ch. 54, § 12; G.L. 1909, ch. 66, § 14; P.L. 1922, ch. 2234, § 10; G.L. 1923, ch. 70, § 11; G.L. 1938, ch. 178, § 11; impl. am. P.L. 1951, ch. 2752, § 21; G.L. 1956, § 16-2-7.
The school committee of each city or town shall hold at least four (4) regular meetings in every year, at a time and place within the city or town as the committee shall by general order fix and determine.
History of Section. G.L. 1896, ch. 60, § 2; G.L. 1909, ch. 67, § 2; G.L. 1923, ch. 70, § 2; G.L. 1938, ch. 178, § 2; G.L. 1956, § 16-2-8.
(a) Unless the responsibility is otherwise delegated by this chapter, the entire care, control, and management of all public school interests of the several cities and towns shall be vested in the school committees of the several cities and towns. School committees shall have, in addition to those enumerated in this title, the following powers and duties:
(1) To identify educational needs in the community.
(2) To develop education policies to meet the needs of the community.
(3) To provide for and ensure the implementation of federal and state laws, the regulations of the council on elementary and secondary education, and local school policies, programs, and directives.
(4) To provide for the evaluation of the performance of the school system.
(5) To have responsibility for the care and control of local schools.
(6) To have overall policy responsibility for the employment and discipline of school department personnel.
(7) To approve a master plan defining goals and objectives of the school system. 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 committee shall periodically evaluate the efforts and results of education in light of these objectives.
(8) To provide for the location, care, control, and management of school facilities and equipment.
(9) To adopt a school budget to submit to the local appropriating authority.
(10) To adopt any changes in the school budget during the course of the school year.
(11) To approve expenditures in the absence of a budget, consistent with state law.
(12) To employ a superintendent of schools and assign any compensation and other terms and conditions as the school committee and superintendent shall agree, provided that in no event shall the term of employment of the superintendent exceed three (3) years. Nothing contained in this chapter shall be construed as invalidating or impairing a contract of a school committee with a school superintendent in force on May 12, 1978.
(13) [Deleted by P.L. 2019, ch. 224, § 2 and P.L. 2019, ch. 259, § 2.]
(14) To establish minimum standards for personnel, to adopt personnel policies, and to approve a table of organization.
(15) To establish standards for the evaluation of personnel.
(16) To establish standards for conduct in the schools and for disciplinary actions.
(17) To hear appeals from disciplinary actions.
(18) To enter into contracts; provided, however, that notwithstanding any other provision of the general or public laws, whether of specific or general application, and notwithstanding the provisions of any charter of any municipality where the school committee is appointed and not elected, but not including, the Central Falls school district board of trustees established by § 16-2-34, the power and duty to enter into collective bargaining agreements shall be vested in the chief executive officer of the municipality and not in the school committee.
(19) To publish policy manuals that shall include all school committee policies.
(20) To establish policies governing curriculum, courses of instruction, and text books.
(21) To provide for transportation services that meet or exceed standards of the council on elementary and secondary education.
(22) To make any reports to the department of education as are required by the council on elementary and secondary education.
(23) To delegate, consistent with law, any responsibilities to the superintendent as the committee may deem appropriate.
(24) To address the health and wellness of students and employees.
(25) To establish a subcommittee of the school board or committee to decrease obesity and address school health and wellness policies for students and employees consistent with § 16-21-28.
(26) To annually undertake a minimum of six (6) hours of professional development as set forth and described in § 16-2-5.1.
(27) To establish policies governing the implementation of the incorporation of career and technical education programs into the kindergarten through grade twelve (K-12) curricula that include knowledge of careers and all types of employment opportunities, including, but not limited to, registered apprenticeships in accordance with chapter 45 of title 28, and emphasizing the advantages of completing school with marketable skills.
(b) Nothing in this section shall be deemed to limit or interfere with the rights of teachers and other school employees to collectively bargain pursuant to chapters 9.3 and 9.4 of title 28 or to allow any school committee to abrogate any agreement reached by collective bargaining.
(c) The elected school committees of each city, town, or regional school district, or the chief executive officer of any municipality having an appointed school committee, shall have the power to bind their successors and successor committees by entering into contracts of employment in the exercise of their governmental functions.
(d) Notwithstanding any provisions of the general laws to the contrary, the requirement defined in subsections (d) through (f) of this section shall apply. The school committee of each school district shall be responsible for maintaining a school budget that does not result in a debt.
(e) The school committee shall, within thirty (30) days after the close of the first and second quarters of the state’s fiscal year, adopt a budget as may be necessary to enable it to operate without incurring a debt, as described in subsection (d).
(f) In the event that any obligation, encumbrance, or expenditure by a superintendent of schools or a school committee is in excess of the amount budgeted or that any revenue is less than the amount budgeted, the school committee shall within five (5) working days of its discovery of potential or actual over expenditure or revenue deficiency submit a written statement of the amount of and cause for the over obligation or over expenditure or revenue deficiency to the city or town council president and any other person who by local charter or statute serves as the city or town’s executive officer; the statement shall further include a statement of the school committee’s plan for corrective actions necessary to meet the requirements of subsection (d). The plan shall be approved by the auditor general and also submitted to the division of municipal finance.
(g) Notwithstanding any other provision of law, whether of general or specific application, and notwithstanding any contrary provision of any city or town charter or ordinance, the elected school committee of any city, town, and regional school district shall be, and is hereby authorized to retain, the services of independent legal counsel as it may deem necessary and convenient. Any counsel so retained shall be compensated out of funds duly appropriated to the school committee, and in no event shall the independent counsel be deemed to be an employee of the pertinent city or town for any purpose.
History of Section. G.L. 1896, ch. 54, § 8; P.L. 1902, ch. 989, § 1; G.L. 1909, ch. 66, § 5; P.L. 1913, ch. 946, § 1; G.L. 1923, ch. 70, § 4; G.L. 1938, ch. 178, § 4; G.L. 1956, § 16-2-9; P.L. 1978, ch. 295, § 1; P.L. 1988, ch. 336, § 1; P.L. 1991, ch. 44, art. 44, § 1; P.L. 2005, ch. 74, § 1; P.L. 2005, ch. 76, § 1; P.L. 2007, ch. 303, § 1; P.L. 2007, ch. 335, § 1; P.L. 2007, ch. 413, § 1; P.L. 2010, ch. 299, § 1; P.L. 2011, ch. 151, art. 12, § 18; P.L. 2011, ch. 265, § 1; P.L. 2019, ch. 224, § 2; P.L. 2019, ch. 259, § 2; P.L. 2022, ch. 346, § 1, effective January 1, 2023; P.L. 2022, ch. 347, § 1, effective January 1, 2023.
(a) School committees shall adopt the following code of basic management principles and ethical school standards:
The (District) does hereby establish a code of basic principles and ethical standards for school committee members acting individually and collectively as boards of education in the management of the public schools of (City or Town) .
The school committee in accepts the obligation to operate the public schools in accordance with the fundamental principles and standards of school management, which principles include but are not limited to the following:
(1) Formulate written policy for the administration of schools to be reviewed regularly and revised as necessary.
(2) Exercise legislative, policy-making, planning and appraising functions and delegate administrative functions in the operation of schools.
(3) Recognize their critical responsibility for selecting the superintendent, defining his or her responsibilities, and evaluating his or her performance regularly without directly engaging in administrative processes.
(4) Accept and encourage a variety of opinions from and communication with all parts of the community.
(5) Make public relevant institutional information in order to promote communication and understanding between the school system and the community.
(6) Act on legislative and policy-making matters only after examining pertinent facts and considering the superintendent’s recommendations.
(7) Conduct meetings with planned and published agendas.
(8) Encourage and promote professional growth of school staff so that quality of instruction and support services may continually be improved.
(9) Establish and maintain procedural steps for resolving complaints and criticisms of school affairs.
(10) Act only through public meetings since individual board members have no authority to bind the board.
(11) Recognize that the first and greatest concern must be the educational welfare of the students attending the public schools.
(12) Work with other committee members to establish effective board policies and to delegate authority for the administration of the schools to the superintendent.
(13) Avoid being placed in a position of conflict of interest, and refrain from using the committee position for personal gain.
(14) Attend all regularly scheduled committee meetings as possible, and become informed concerning the issues to be considered at those meetings.
(b) Nothing in this section shall be deemed to limit or interfere with the rights of teachers and other school employees to collectively bargain pursuant to chapters 9.3 and 9.4 of title 28 or to allow any school committee or superintendent to abrogate any agreement reached by collective bargaining.
History of Section. P.L. 1988, ch. 642, § 2.
Notwithstanding any other law or rule, any two (2) or more school committees may establish joint purchasing agreements between and among themselves or with the Rhode Island Association of School Committees for the purpose of purchasing goods and services. The Rhode Island Association of School Committees, acting on behalf of any school committees that are members of a joint purchasing agreement may seek the services of the Rhode Island division of purchases, department of administration, in procuring items necessary to the operation of the school district(s) and which items are common in usage to those procured by the state, and the division of purchasers shall, upon request by the Rhode Island Association of School Committees, furnish to its lists of supplies and equipment. The Rhode Island Association of School Committees and any consortia created pursuant to a joint purchase agreement under this chapter shall be entitled to all the rights and benefits set forth in § 37-2-56.
History of Section. P.L. 2004, ch. 349, § 1; P.L. 2004, ch. 355, § 1.
(a) The legislature hereby finds and declares that there is a need for an advisory council on school finances to strengthen the fiscal accountability of school districts, regional school districts, state schools and charter schools in Rhode Island. The council shall be composed of five (5) members as follows:
(1) The auditor general of the state of Rhode Island or his or her designee;
(2) The executive director of the Rhode Island association of school committees or his or her designee;
(3) The president of the Rhode Island association of school business officials or his or her designee;
(4) The commissioner of elementary and secondary education or his or her designee; and
(5) The director of the department of administration or his or her designee. The auditor general or his or her designee shall serve as chair of the council. By July 1, 2005, the council shall develop recommendations for a uniform system of accounting, including a chart of accounts for all school districts, regional school districts, state schools and charter schools. By July 1, 2009 the council shall develop recommendations for a uniform system of accounting for all educational regional collaboratives identified in chapter 16-3.1. Said recommendations shall be advisory in nature and may be adopted by the office of auditor general and the department of elementary and secondary education in part or in whole.
(b) The council shall meet no less than annually and recommend changes in accounting procedures to be adopted by school districts, regional school districts, state schools and charter schools as well as apprise school business officials, charter school officials, school committees and school superintendents, school administrators and state school officials about professional development opportunities that promotes sound fiscal practices and a knowledge of current state and federal rules and regulations regarding school finance. The council shall also report, annually, its activities and recommendations to the house committee on education accountability, the senate committee on education and the office of the governor.
History of Section. P.L. 2004, ch. 595, art. 23, § 8; P.L. 2008, ch. 149, § 1; P.L. 2008, ch. 192, § 1; P.L. 2013, ch. 501, § 14.
(a) The office of auditor general and the department of elementary and secondary education shall promulgate a uniform system of accounting, including a chart of accounts based on the recommendations of the advisory council on school finances, and require all accounts of the school districts, regional school districts, state schools, and charter schools to be kept in accordance therewith; provided, that in any case in which the uniform system of accounting is not practicable, the office of auditor general, in conjunction with the department of elementary and secondary education, shall determine the manner in which the accounts shall be kept. The uniform chart of accounts (UCOA) must allow for both school-to-school and school district-to-school district comparisons. The structure of the UCOA shall ensure that data is captured and presented by, at a minimum, position, program, and school location in order to facilitate such comparisons. The uniform system of accounting shall also include a standardized budget process to ensure districts can annually assess investment priorities and incorporate long-range planning.
(b) For the purpose of securing a uniform system of accounting and a chart of accounts the advisory council on school finances, as defined in § 16-2-9.3, may make such surveys of the operation of any school district, regional school district, state school, or charter school as they shall deem necessary.
(c) Upon completion of the implementation of the uniform chart of accounts, all the school districts, regional school districts, state schools, and/or charter schools, shall implement a department of elementary and secondary education-approved budget model that shall include a distinct line item for payments to charter schools and use best practices established by the department of elementary and secondary education for long-range planning, budget development, and budget administration and reporting.
(d) Commencing July 1, 2017, and on a continuing basis thereafter, each local education agency shall submit a “budget-only” file that conforms with UCOA requirements to the department of elementary and secondary education within 30 days of the city/town adoption of the budget.
(e) Using data from the uniform chart of accounts, on an annual basis, the department of elementary and secondary education shall publish on its website, and provide the general assembly with, a performance dashboard indicating the per-pupil expenditures of each public school and school district broken down by revenue sources and expenditure categories. Further, the department shall provide, within the same dashboard, student-performance indicators for each public school and school district.
(f) Commencing July 1, 2017, and on a continuing basis thereafter, each local education agency shall post the following information on its website, in a downloadable format, for free public access:
(1) The local education agency’s annual budget, commencing with the budget for the 2017-18 budget year, that includes, at a minimum, information at the program and school levels;
(2) The local education agency shall post a link to the statewide website operated by the department of elementary and secondary education that will publish the school- and district-level “budget only” and UCOA expenditure data.
(3) Each local education agency shall update the information specified in subdivision (f)(1) within sixty (60) days after adoption and/or making any changes to the local education agency’s budget, including any changes made to the budgets of an individual program or school.
(g) If any school district, regional school district, state school, or charter school fails to install and maintain the uniform system of accounting, including a chart of accounts and approved budget model, or fails to keep its accounts and interdepartmental records, or refuses or neglects to make the reports and to furnish the information in accordance with the method prescribed by the office of auditor general and the department of education, or hinders or prevents the examination of accounts and financial records, the auditor general and the commissioner of education, and/or their respective designee(s), shall make a report to the superintendent of schools of the local education agency, the school committee chairperson, the mayor or town manager, and the president of the town council, and/or for a charter school, to the board of trustees or directors, as applicable, in writing, specifying the nature and extent of the failure, refusal, neglect, hindrance, or prevention, and the commissioner is hereby authorized and directed to review the matter so reported. If the commissioner shall find that failure, refusal, neglect, hindrance, or prevention exists and that the school district, regional school district, state school, or charter school should properly comply in the matter so reported, the commissioner shall direct the school district, regional school district, state school, or charter school, in writing, to so comply. If the failure, refusal, neglect, hindrance, or prevention shall continue for a period of ten (10) days following the written direction, the commissioner may request the board of education for approval to withhold distribution of state aid to said school district, regional school district, state school, or charter school. The board shall hold a hearing and provide the subject school and/or district notice and an opportunity to be heard at said hearing. After hearing thereon, the board may authorize the commissioner to withhold the distribution of state aid to said school district, regional school district, state school, or charter school, if the board determines such sanction is appropriate.
(h) The department of elementary and secondary education, in consultation with the division of municipal finance, shall conduct periodic reviews and analysis of school revenues and expenses. The department shall also review and monitor compliance with the approved budget model and best practices. The department shall identify those local education agencies considered to be at risk of a year-end deficit or a structural deficit that could impact future years. Such potential deficits shall be identified based on the periodic reviews, which may also include on-site visits and reporting in accordance with the provisions of § 45-12-22.2. Potential deficits shall be reported to the office of municipal finance, office of auditor general, superintendent, chairperson of the school committee, mayor or town manager, and the president of the town council, of the applicable school district, regional school district, or state school, and/or for a charter school, to the board of trustees or directors, as applicable.
History of Section. P.L. 2004, ch. 595, art. 23, § 8; P.L. 2012, ch. 241, art. 12, § 1; P.L. 2013, ch. 284, § 1; P.L. 2013, ch. 399, § 1; P.L. 2014, ch. 489, § 1; P.L. 2016, ch. 142, art. 11, § 1.
(a) Notwithstanding the provisions of any general or special law, or the provisions of any municipality’s home rule charter, to the contrary, for purposes of funding any unfunded liability for other post-employment benefits including, but not limited to, health care and dental care benefits hereinafter referred to as (“OPEB”) in accordance with government accounting standards board statements 43 and 45, a school district, acting by its business manager or superintendent, upon an approving resolution of the school committee or school board as applicable, may enter into a trust agreement between the school district and a corporate trustee which shall be a bank or trust company doing business in the state, or a corporation established pursuant to chapter 5 of title 45. This trust agreement shall be in any form deemed proper by the business manager or superintendent, and shall be executed by its business manager or superintendent and countersigned by the chair of the school committee of the school district. It shall be lawful for any bank, trust company, or entity organized pursuant to § 45-5-20.1 doing business in the state to act as a depository or trustee under this trust agreement, and to furnish indemnification and pledge securities that may be required by any school district.
(b) OPEB trust funds shall be credited with all amounts appropriated or otherwise made available by the school district for the purposes of meeting the current and future OPEB costs payable by the school district. OPEB trust funds shall also be credited with all amounts contributed or otherwise made available by employees of the school district for the purpose of meeting future OPEB costs payable by the school district. Amounts in an OPEB trust fund, including any earnings or interest accruing from the investment of these amounts, shall be expended only for the payment of the costs payable by the school district for OPEB or as otherwise permitted by the terms of the trust and applicable law. The business manager or superintendent, as applicable, shall invest or reinvest the amounts in the OPEB trust fund in any investment permitted for the state pension funds consistent with the investment policies of the state general treasurer’s office.
(c) School districts are hereby authorized to enter into agreements, trusts, contracts, and other arrangements with the state and any of its departments, agencies, boards or commissions relating to the execution, management or operation of the OPEB trust funds, including, but not limited to, investments, and the state and its department, agencies, boards and commissions are hereby authorized to enter into such agreements, contracts and other arrangements with school districts. Notwithstanding any provisions of any general or special law or principle of equity to the contrary, the state shall have no liability to any school district for entering into such agreements.
(d) A school district may employ any qualified bank, trust company, corporation, firm or person to advise it on the investment of the OPEB trust fund and may pay from the OPEB trust fund for this advice and other services. Procurement for these services shall be subject to the procurement procedures and rules governing school districts and municipalities in the state.
(e) School districts are also hereby authorized to enter into agreements, trusts, contracts, and other arrangements with any corporation created pursuant to chapter 5 of title 45 relating to the execution, management or operation of the OPEB trust funds, including, but not limited to, investments, and the corporations established pursuant to § 45-5-20.1 are hereby authorized to enter into such agreements, contracts and other arrangements with school districts.
(f) Nothing contained herein will prevent any school district from entering into agreements with other school districts per § 16-2-9.2 for the purposes of jointly pooling their investments or collectively entering into an agreement with a corporate trustee, as defined in subsection (a) of this section.
(g) Nothing herein shall be construed to exempt OPEB trusts from the Rhode Island Access to Public Records Act, § 38-2-1 et seq.
History of Section. P.L. 2008, ch. 92, § 2; P.L. 2008, ch. 134, § 2; P.L. 2012, ch. 443, § 1.
Notwithstanding any other law or rule, any two (2) or more school committees may establish joint purchasing agreements between and among themselves or with the Rhode Island Society of Technology Educators (“RISTE”), a domestic, nonprofit corporation, for the purposes of establishing bids pursuant to chapter 55 of title 45, and jointly purchasing technology-related goods and services. The RISTE, acting on behalf of any school committee(s) that are members of a joint purchasing agreement with RISTE, may establish specifications and bid on behalf of the member school districts. The RISTE shall comply with bidding requirements of chapter 55 of title 45. The RISTE and any consortia created pursuant to a joint purchase agreement under this chapter shall be entitled to all the rights and benefits set forth in § 37-2-56. Notwithstanding the foregoing, nothing in this section permits any non-public school or non-public school district access to the master price agreement maintained by the department of administration, division of purchases.
History of Section. P.L. 2018, ch. 143, § 1; P.L. 2018, ch. 193, § 1.
No person shall be employed as superintendent of schools in any city or town unless the person holds a certificate of qualification issued by or under the authority of the state board of regents for elementary and secondary education.
History of Section. P.L. 1908, ch. 1560, § 1; G.L. 1909, ch. 66, § 10; G.L. 1923, ch. 70, § 9; P.L. 1925, ch. 598, § 1; G.L. 1938, ch. 178, § 9; impl. am. P.L. 1951, ch. 2752, § 21; G.L. 1956, § 16-2-10; P.L. 1988, ch. 84, § 71.
(a) The superintendent of schools employed in accordance with the provisions of this chapter shall, under the direction of the school committee, have the care and supervision of the public schools and shall be the chief administrative agent of the school committee. The superintendent shall have any duties as are defined in this section and in this title and any other duties as may be determined by the school committee, and shall perform any other duties as may be vested in him or her by law. In addition to the care and supervision of public schools and the appointment of employees of the district, it shall be the duty of the superintendent:
(1) To implement policies established by the school committee.
(2) To recommend educational plans, policies, and programs to meet the needs of the district.
(3) To recommend policies governing curriculum, courses of instruction, textbooks, and transportation of students.
(4) To comply with provisions of federal and state law and local charter provisions and ordinances.
(5) To have administrative responsibility for the school system.
(6) To appoint principals for each public school within the district at levels of compensation determined in accordance with policies established by the school committee.
(7) To appoint administrators and other personnel not assigned to individual schools. Also, to appoint, at the recommendation of the principal, personnel at individual schools in accordance with policies established by school district policies and collective bargaining agreements.
(8) To oversee the personnel function of the school department consistent with personnel standards, policies, and the table of organization established by the school committee.
(9) To provide for the evaluation of department personnel appointed by the superintendent.
(10) To prepare a school budget for consideration by the school committee.
(11) To authorize purchases consistent with the adopted school budget, policies and directives of the school committee, and applicable municipal policies, ordinances, and charter provisions.
(12) To be responsible for keeping the records of the school system.
(13) To report to the school committee on a regular basis the financial condition of the school system.
(14) To oversee discipline in the school system.
(15) To evaluate all schools within the school system and to report to the school committee the conformity with regulations of the council on elementary and secondary education and the policies, programs, and directives of the school committee.
(16) To report to the school committee on the operation of the school system, including an annual report on the district’s progress.
(b) Nothing in this section shall be deemed to limit or interfere with the rights of teachers and other school employees to collectively bargain pursuant to chapters 9.3 and 9.4 of title 28, or to allow any school superintendent to abrogate any agreement reached by collective bargaining.
(c) If at any time during the fiscal year the superintendent of schools determines, or is notified by the city or town chief charter officer or treasurer, that the estimated school expenses may exceed all revenue appropriated by the state or city or town or otherwise for public schools in the city or town, the superintendent of schools shall recommend to the school committee and shall, in order to provide for continuous regular public school operations consistent with the requirements of § 16-2-2 without regard to financial conditions, subsequently report to the city or town treasurer and chief charter officer what action will be taken to prevent an excess of expenditures, encumbrances, and accruals over revenues for public schools in the city or town.
History of Section. P.L. 1918, ch. 1667, § 1; G.L. 1923, ch. 70, § 10; G.L. 1938, ch. 178, § 10; G.L. 1956, § 16-2-11; P.L. 1980, ch. 152, § 2; P.L. 1988, ch. 336, § 1; P.L. 2019, ch. 224, § 2; P.L. 2019, ch. 259, § 2.
(a) Principals employed under this section shall be the educational administrators and managers of their schools and shall supervise the operation and management of their schools and school property, subject to the supervision and direction of the superintendent. The principal shall have any duties as are defined in this section and in this title and shall perform any other duties as may be vested in him or her by law. In addition to serving as the educational administrator and manager of his or her school, it shall be the duty of the principal:
(1) In consultation with the school improvement team, to recommend the hiring of all teachers, athletic coaches, instructional or administrative aides, and other personnel assigned to the school, consistent with district personnel policies, collective bargaining agreements, and budgetary restrictions, and subject to the approval of the superintendent. Provided, that the hiring of employees may not interfere with the layoff or recall rights provided in collective bargaining agreements and the provisions of § 16-13-6.
(2) To recommend the termination of any teachers, athletic coaches, instructional or administrative aides, and other personnel assigned to the school, consistent with district personnel policies, collective bargaining agreements, and budgetary restrictions, subject to review and prior approval by the superintendent and subject to the provisions of this chapter.
(3) To oversee the care, control, and management of school facilities and equipment.
(4) In consultation with the school improvement team, to prepare a school budget for consideration by the superintendent.
(5) To provide for the evaluation of personnel assigned to the school, including all teachers, consistent with the standards developed by the school committee pursuant to § 16-2-9(a)(15).
(6) In cooperation with the district’s leadership, to initiate a performance review plan for the school and for individual teachers.
(b) It shall be the responsibility of the principal, in consultation with professional staff of the building, to promote participatory decision making among all professional staff for the purpose of developing educational policy.
(c) Nothing in this section shall be deemed to limit or interfere with the rights of teachers and other school employees to collectively bargain pursuant to chapters 9.3 and 9.4 of title 28, or to allow any school principal to abrogate any agreement reached by collective bargaining.
(d) Recognizing that there may be a transition period necessary to implement the provisions of this section, all local education agencies, as defined in chapter 97.1 of title 16, shall ensure that the implementation of the powers and duties of school principals as provided by this section are adopted and implemented as soon as practical, but no later than August 1, 2021.
History of Section. P.L. 2019, ch. 224, § 3; P.L. 2019, ch. 259, § 3.
The school committee of two (2) or more cities or towns, in which the aggregate number of schools shall not be more than sixty (60), may by vote unite for the purpose of the employment of a superintendent of the schools of the several cities or towns.
History of Section. P.L. 1903, ch. 1101, § 2; G.L. 1909, ch. 66, § 6; P.L. 1912, ch. 804, § 1; G.L. 1923, ch. 70, § 5; G.L. 1938, ch. 178, § 5; G.L. 1956, § 16-2-12.
The school committees of the cities or towns voting to unite for the purpose of the employment of a superintendent of the schools as prescribed in § 16-2-12, shall form a joint committee, for the purpose of this chapter; the joint committee shall be the agents of each city or town comprising the union. The school committees shall meet annually in joint convention at a place and time agreed upon by the chairpersons of the several school committees, and shall organize by the choice of a chairperson and secretary. They shall choose by ballot a superintendent of schools, fix his or her salary, and apportion the amount to be paid by each of the cities or towns, approximately according to the next preceding school census in the city or town. The union shall not be dissolved because the number of schools shall have increased beyond the number of sixty (60), nor, for any reason, for the period of three (3) years from the date of the formation of the union, except by concurrent votes of the school committees of a majority of the cities or towns constituting the union.
History of Section. P.L. 1903, ch. 1101, § 3; P.L. 1904, ch. 1147, § 1; G.L. 1909, ch. 66, § 7; P.L. 1912, ch. 804, § 1; G.L. 1923, ch. 70, § 6; G.L. 1938, ch. 178, § 6; G.L. 1956, § 16-2-13; P.L. 2001, ch. 86, § 26.
[Repealed]
History of Section. P.L. 1903, ch. 1101, § 4; P.L. 1904, ch. 1147, § 2; G.L. 1909, ch. 66, § 8; P.L. 1919, ch. 1725, § 1; G.L. 1923, ch. 70, § 7; G.L. 1938, ch. 178, § 7; impl. am. P.L. 1951, ch. 2752, § 21; G.L. 1956, § 16-2-14; Repealed by P.L. 1960, ch. 27, § 12.
(a) The school committee shall locate all schoolhouses, and shall not abandon, close, or change the location of any without good cause; and, unless provided by law, the school committee of each city or town shall have the care and control of all public school buildings and other public school property of the city or town, including repairs of the buildings and the purchase of furniture and other school equipment.
(b) The school committee of any city or town may provide public school housing for the city or town by lease of buildings or portions of buildings, furniture, and other school equipment, subject to the following provisions:
(1) During the period or periods to which the lease applies the property leased shall be public school property of the city or town in all respects to the same effect as any public school building of the city or town;
(2) The lease shall provide for use and occupancy of periods at least the same as or equivalent to the periods during which public school buildings of the city or town are used and occupied;
(3) As applied to rooms for instruction the lease shall provide for exclusive use and occupancy during the periods of the lease and may provide for common or concurrent use and occupancy of other areas of the property;
(4) The use and occupancy under the lease may be for purpose of instruction at particular grade levels or in particular courses of study and may provide for consecutive use and occupancy of specified areas of the property provided that total use and occupancy under this lease complies with the provisions of subsection (b)(2).
(c) Upon application of the school committee of any city or town, the commissioner of elementary and secondary education may prescribe by regulation standards for the leases in accordance with this chapter and in accordance with the Constitution, laws, and education policies and programs of the state. The expenses of the city or town under the lease shall constitute expenditures to support the basic program pursuant to the provisions of §§ 16-7-15 to 16-7-34.
History of Section. G.L. 1896, ch. 60, § 4; G.L. 1909, ch. 67, § 3; P.L. 1917, ch. 1521, § 1; G.L. 1923, ch. 70, § 3; G.L. 1938, ch. 178, § 3; G.L. 1956, § 16-2-15; P.L. 1969, ch. 245, § 1; P.L. 1975, ch. 286, § 1.
The school committee of the city of Pawtucket, whenever it shall deem it necessary to abandon or close an existing school building for a period of more than six (6) months or acquire or reopen a new school building, by either the purchase or lease of real property, shall conduct a public hearing within the city of Pawtucket for the purpose of addressing the issues of the desirability and necessity for the abandonment, closing, reopening, or acquisition, the reassignment of displaced students to other public education facilities, and the transportation of the displaced students. Any hearing shall be held on a date no more than six (6) months nor less than forty-five (45) days before the date of any abandonment, closing, reopening, or acquisition. The school committee shall give notice of the public hearing specifying the time and place of the hearing by publication of the notice in a newspaper of general circulation within the city of Pawtucket at least two (2) weeks and not more than four (4) weeks prior to the date of the hearing. At the hearing, opportunity shall be given residents of the city interested to be heard upon the proposed abandonment, closing, reopening, or acquisition and other related matters, including the reasonable opportunity to submit written or oral questions to the school committee.
History of Section. P.L. 1980, ch. 408, § 1.
The school committee shall make and cause to be put up in each schoolhouse rules and regulations for the attendance and classification of the pupils, for the introduction and use of textbooks and works of reference, and for the instruction, government, and discipline of the public schools, and shall prescribe the studies to be pursued in the schools, under the direction of the department of elementary and secondary education.
History of Section. G.L., 1896, ch. 60, § 10; G.L. 1909, ch. 67, § 6; G.L. 1923, ch. 70, § 19; G.L. 1938, ch. 178, § 19; impl. am. P.L. 1951, ch. 2752, § 21; G.L. 1956, § 16-2-16.
(a) Each student, staff member, teacher, and administrator has a right to attend and/or work at a school which is safe and secure, and which is conducive to learning, and which is free from the threat, actual or implied, of physical harm by a disruptive student. A disruptive student is a person who is subject to compulsory school attendance, who exhibits persistent conduct which substantially impedes the ability of other students to learn, or otherwise substantially interferes with the rights stated above, and who has failed to respond to corrective and rehabilitative measures presented by staff, teachers, or administrators.
(b) The school committee, or a school principal as designated by the school committee, may suspend all pupils found guilty of this conduct, or of violation of those school regulations which relate to the rights set forth in subsection (a), or where a student represents a threat to those rights of students, teachers, or administrators, as described in subsection (a). Nothing in this section shall relieve the school committee or school principals from following all procedures required by state and federal law regarding discipline of students with disabilities.
(c) A student suspended under this section may appeal the action of the school committee, or a school principal as designee, to the commissioner of elementary and secondary education who, after notice to the parties interested of the time and place of hearing, shall examine and decide the appeal without cost to the parties involved. Any decision of the commissioner in these matters shall be subject to appeal by the student to the council on elementary and secondary education and any decision of the council may be appealed by the student to the family court for the county in which the school is located as provided in § 42-35-15.
(d) All school superintendents, or their designees, shall review annually, the discipline data for their school district, collected in accordance with the specifications set forth in § 16-60-4(a)(21), to determine whether the discipline imposed has a disproportionate impact on students based on race, ethnicity, or disability status and to appropriately respond to any such disparity. In addition to the data submitted, if a disparity exists, the school district shall submit a report to the council on elementary and secondary education describing the conduct of the student, the frequency of the conduct, prior disciplinary actions for the conduct, any other relevant information and corrective actions to address the disparity, after consultation with representatives of the faculty has been taken to address the disparity. The reports shall be deemed to be public records for purposes of title 38.
(e) On or before September 1, 2023, and annually by September 1 thereafter, the Rhode Island department of education, in coordination with the Rhode Island office of the attorney general, shall, for each school district, annually collect, report, and publish on its website, data on: the number of school resource officers; the use of force against students, including, but not limited to, the number of instances force was used and the type of the force used; arrests of students and reasons for arrest; student referrals to law enforcement and reasons for referral; student referrals to court or court service units; and the number and type of any other disciplinary actions taken or recommended by school resource officers involving students. All data shall be published in a manner that protects the identities of students and shall be collected and designated by student age, grade, race, ethnicity, gender, language status, and disability, to the extent that the demographic data is available.
History of Section. G.L. 1896, ch. 60, § 12; G.L. 1909, ch. 67, § 8; G.L. 1923, ch. 70, § 21; G.L. 1938, ch. 178, § 21; G.L. 1956, § 16-2-17; P.L. 1992, ch. 358, § 1; P.L. 1998, ch. 30, § 2; P.L. 1998, ch. 51, § 2; P.L. 2016, ch. 171, § 1; P.L. 2016, ch. 186, § 1; P.L. 2022, ch. 391, § 1, effective June 30, 2022; P.L. 2022, ch. 392, § 1, effective June 30, 2022.
Suspensions issued shall not be served out of school unless the student’s conduct meets the standards set forth in § 16-2-17(a) or the student represents a demonstrable threat to students, teachers, or administrators.
History of Section. P.L. 2016, ch. 171, § 2; P.L. 2016, ch. 186, § 2.
The selection of superintendent, in any city or towns that do not unite for the employment of a superintendent, and the entire care, control, and management of all the public school interests of the several cities or towns, shall be vested in the school committee of the several cities or towns, and they shall also draw all orders for the payment of their expenses; provided, that these expenses shall not in any fiscal year exceed the total of all revenue appropriated by the state or city or town or otherwise for the public schools under the care, control, and management of the school committee. If, in any fiscal year a school committee is notified that estimated expenses may exceed total available appropriations, the school committee shall adopt and implement a plan to maintain a balanced school budget, which plan shall provide for continuous regular public school operations consistent with the requirements of § 16-2-2; provided, that in no fiscal year shall a deficit be permitted for school operations. It is provided that, with the exception of the selection of the superintendent, the selection and appointment of teachers and other school department personnel shall be made by the superintendent with the consent of the school committee.
History of Section. P.L. 1903, ch. 1101, § 1; G.L. 1909, ch. 67, § 9; G.L. 1923, ch. 70, § 22; G.L. 1938, ch. 178, § 22; G.L. 1956, § 16-2-18; P.L. 1980, ch. 152, § 2; P.L. 1988, ch. 336, § 1.
(a) Any person seeking employment with a private school or public school department who has not previously been employed by a private school or public school department in Rhode Island during the past twelve (12) months shall undergo a national and state criminal background check to be initiated prior to, or within one week of, employment after receiving a conditional offer of employment; provided, however, that employees hired prior to August 1, 2001, and or who have been continuously employed by a public school department in Rhode Island during the past twelve (12) months shall be exempt from the requirements of this section and § 16-2-18.2.
(b) The applicant shall apply to the bureau of criminal identification (BCI), department of attorney general, state police, or local police department where they reside, for a national and state criminal records check. Fingerprinting shall be required. Upon the discovery of any disqualifying information, the bureau of criminal identification, state police or local police department will inform the applicant, in writing, of the nature of the disqualifying information; and, without disclosing the nature of the disqualifying information, will notify the employer, in writing, that disqualifying information has been discovered.
(c) An employee against whom disqualifying information has been found may request that a copy of the criminal background report be sent to the employer who shall make a judgment regarding the employment of the employee.
(d) In those situations in which no disqualifying information has been found, the bureau of criminal identification, state police, or local police department shall inform the applicant and the employer, in writing, of this fact.
(e) For purposes of this section:
(1) “Disqualifying information” means those offenses listed in §§ 23-17-37, 11-37-8.1, 11-37-8.3, 11-9-1(b), 11-9-1(c), 11-9-1.3; and
(2) “Employment” means those individuals hired directly by the private school or public school department, contractual employees of the private school or public school department, and those individuals, who may have direct or unmonitored contact with children or students, who are hired by a third party who or that has contracted with the private school or public school department to provide services.
(f) The employer shall maintain on file, subject to inspection by the department of elementary and secondary education, evidence that criminal records checks have been initiated on all employees seeking employment subsequent to July 13, 1998, and the results of the checks. The applicant shall be responsible for the costs of the national and state criminal records check.
(g) At the conclusion of the criminal background check required in this section, the attorney general, state police, or local police department shall promptly destroy the fingerprint record of the applicant obtained pursuant to this chapter.
History of Section. P.L. 1998, ch. 315, § 1; P.L. 2001, ch. 286, § 1; P.L. 2002, ch. 227, § 1; P.L. 2002, ch. 413, § 1; P.L. 2012, ch. 452, § 1; P.L. 2013, ch. 34, § 1; P.L. 2013, ch. 45, § 1; P.L. 2014, ch. 374, § 1; P.L. 2014, ch. 408, § 1.
If an applicant for employment has undergone a national and state criminal records check within twelve (12) months prior to an application for employment, the employer may request from the bureau of criminal identification or local police department a letter indicating the presence or absence of disqualifying information. The bureau of criminal identification will respond without disclosing the nature of the disqualifying information. The letter may be maintained on file to satisfy the requirements of this chapter.
History of Section. P.L. 1998, ch. 315, § 1; P.L. 2001, ch. 286, § 1.
The commissioner of elementary and secondary education is authorized to promulgate rules and regulations to carry out the intent of this chapter. These regulations shall be promulgated in accordance with the rule-making provisions of chapter 35 of title 42.
History of Section. P.L. 1998, ch. 315, § 1.
(a) Any person who is a current or prospective volunteer of a private school or public school department and who may have direct and unmonitored contact with children and/or students on school premises, shall undergo a state criminal background check to be initiated prior to or within one week of commencement of such volunteer work.
(b) The applicant shall apply to the bureau of criminal identification (BCI), department of attorney general, state police or local police department where he or she resides, for a state criminal records check. Upon the discovery of any disqualifying information, the bureau of criminal identification, state police or local police department will inform the applicant in writing of the nature of the disqualifying information; and, without disclosing the nature of the disqualifying information will notify the school department in writing that disqualifying information has been discovered.
(c) A person against whom disqualifying information has been found may request that a copy of the criminal background report be sent to the school department which shall make a judgment regarding the qualifications and fitness of said person to volunteer for the school department.
(d) In those situations in which no disqualifying information has been found, the bureau of criminal identification, state police or local police department shall inform the applicant and the school department in writing of this fact.
(e) For purposes of this section, “disqualifying information” means those offenses listed in § 23-17-37, and those offenses listed in §§ 11-37-8.1 and 11-37-8.3.
(f) The school department shall maintain on file, subject to inspection by the department of elementary and secondary education, evidence that criminal records checks have been initiated on all volunteers seeking employment subsequent to July 1, 2012, and the results of the checks. The current or prospective volunteer shall be responsible for the costs of the state criminal records check.
(g) As used in this section and § 16-2-18.5, the term “school department” means the school department for a public school as well as the governing administrative body for a private school.
History of Section. P.L. 2013, ch. 34, § 2; P.L. 2013, ch. 45, § 2.
If a current or prospective volunteer of the school department or of a private school who may have direct and unmonitored contact with children and/or students on school premises has undergone a state criminal records check within twelve (12) months prior to commencement of volunteering for the school department, the school department may request from the bureau of criminal identification or local police department a letter indicating the presence or absence of disqualifying information. The bureau of criminal identification will respond without disclosing the nature of the disqualifying information. The letter may be maintained on file to satisfy the requirements of this chapter.
History of Section. P.L. 2013, ch. 34, § 2; P.L. 2013, ch. 45, § 2.
Whenever the school committee of any city or town shall find that it is more convenient or expedient for any child residing in the city or town to attend school in an adjoining city or town, the committee may arrange with the school authorities of the city or town for the attendance of the child at their schools, and may pay for the tuition out of the city or town appropriation for public schools. The amount paid shall be used for school purposes only.
History of Section. G.L. 1896, ch. 60, § 11; G.L. 1909, ch. 67, § 7; G.L. 1923, ch. 70, § 20; G.L. 1938, ch. 178, § 20; G.L. 1956, § 16-2-19.
The school committee shall make provision for visitation and inspection of every public school in the city or town by the superintendent of schools or other agent of the committee at regular periods or as often as may be required for proper supervision; provided that at least once during every school year an examination shall be made of the schoolhouse and premises, including classrooms, laboratories, and other rooms used by pupils and teachers, with particular reference to cleanliness, heating, lighting, seating, ventilation, and other sanitary arrangements, and to corridors, stairways, doors, windows, fire escapes, and other devices for the protection of life in case of fire; and of registers and other school records, of the school library, apparatus, and equipment in classrooms and laboratories, of the books, discipline, mode of teaching, and other matters that affect instruction. Report of the visitation and examination, with recommendations for the improvement of schools, shall be made to the school committee. This section shall apply to the city of Providence.
History of Section. G.L. 1896, ch. 60, § 9; G.L. 1909, ch. 67, § 5; G.L. 1923, ch. 70, § 18; P.L. 1925, ch. 599, § 1; P.L. 1926, ch. 879, § 1; G.L. 1938, ch. 178, § 18; G.L. 1956, § 16-2-20.
(a) At least sixty (60) days, but not more than ninety (90) days, prior to the formal submission of the school budget to the appropriate city or town officials by the school committee, there shall be a joint, pre-budget meeting between the school committee and the city or town council(s). At or before this meeting:
(1) The highest elected official of the city or town shall submit to the school committee an estimate, prepared in a manner approved by the department of administration, of projected revenues for the next fiscal year. In the case of the property tax, the projections shall include only changes in the property tax base, not property tax rates;
(2) The school committee shall submit to the city or town council a statement for the next ensuing fiscal year of anticipated total expenditures, projected enrollments with resultant staff and facility requirements, estimated enrollment and payments to charter schools, and any necessary or mandated changes in school programs or operations; and
(3) The school committee shall prepare and submit, annually, to the department of elementary and secondary education, on or before the first day of August, a report in the manner and form prescribed by the state board of regents for elementary and secondary education; the committee shall also prepare, not less than thirty (30) days before the date of the annual financial town meeting, or the date of the meeting of the city council at which annual appropriations are made, on forms prescribed and furnished by the department of elementary and secondary education, the estimates and recommendations of the amounts necessary to be appropriated for the support of public schools, including a distinct line item for estimated payments to charter schools for the fiscal year ensuing; provided, that a copy of these estimates and recommendations shall be sent to the department of elementary and secondary education, and until the report is made, and if the estimates and recommendations are not presented to the department, it may refuse to draw its orders for the money in the state treasury apportioned to the city or town; provided, that the necessary blank for the report has been furnished by the department on or before the first day of June, next preceding, and the necessary forms for the estimates and recommendations shall have been furnished by the department not less than sixty (60) days before the date of the annual appropriations meeting of the city council. The committee shall also prepare and submit annually to the department of elementary and secondary education and at the annual financial town meeting, a report to the city or town, setting forth its doings, the state, and condition of the schools, and plans for their improvement, which report, unless printed, shall be read in open meeting; and if printed, at least three (3) copies shall be transmitted to the department on or before the day of the annual financial town meeting in each year.
(b) If the amount appropriated by the town meeting, the city or town council, or budget referendum is either more or less than the amount recommended and requested by the school committee, the school committee shall, within thirty (30) days after the appropriation is made, amend its estimates and recommendations so that expenses are no greater than the total of all revenue appropriated by the state or town or provided for public schools under the care, control, and management of the school committee.
(c) Only a school budget in which total expenses are less than, or equal to, appropriations and revenues shall be considered an adopted school budget.
(d) Notwithstanding any provision of the general or public laws to the contrary:
(i) The budget adopted and presented by any school committee for the fiscal year 2008 shall not propose the appropriation of municipal funds (exclusive of state and federal aid) in excess of one hundred five and one-quarter percent (105.25%) of the total of municipal funds appropriated by the city or town council for school purposes for fiscal year 2007;
(ii) The budget adopted and presented by any school committee for the fiscal year 2009 shall not propose the appropriation of municipal funds (exclusive of state and federal aid) in excess of one hundred five percent (105%) of the total of municipal funds appropriated by the city or town council for school purposes for fiscal year 2008;
(iii) The budget adopted and presented by any school committee for the fiscal year 2010 shall not propose the appropriation of municipal funds (exclusive of state and federal aid) in excess of one hundred four and three-quarters percent (104.75%) of the total of municipal funds appropriated by the city or town council for school purposes for fiscal year 2009;
(iv) The budget adopted and presented by any school committee for the fiscal year 2011 shall not propose the appropriation of municipal funds (exclusive of state and federal aid) in excess of one hundred four and one-half percent (104.5%) of the total of municipal funds appropriated by the city or town council for school purposes for fiscal year 2010;
(v) The budget adopted and presented by any school committee for the fiscal year 2012 shall not propose the appropriation of municipal funds (exclusive of state and federal aid) in excess of one hundred four and one-quarter percent (104.25%) of the total of municipal funds appropriated by the city or town council for school purposes for fiscal year 2011; and
(vi) The budget adopted and presented by any school committee for the fiscal year 2013 and for each fiscal year thereafter shall not propose the appropriation of municipal funds (exclusive of state and federal aid) in excess of one hundred four percent (104%) of the total of municipal funds appropriated by the city or town council for school purposes for the previous fiscal year.
(e) Notwithstanding any provision of the general or public laws to the contrary, any judgment rendered pursuant to § 16-2-21.4(b) shall consider the percentage caps on school district budgets set forth in subsection (d) of this section.
History of Section. G.L. 1869, ch. 60, § 20; G.L. 1909, ch. 67, § 10; P.L. 1922, ch. 2234, § 12; G.L. 1923, ch. 70, § 23; G.L. 1938, ch. 178, § 23; impl. am. P.L. 1951, ch. 2752, § 21; G.L. 1956, § 16-2-21; P.L. 1980, ch. 152, § 2; P.L. 1985, ch. 182, §§ 12, 13; P.L. 1988, ch. 84, § 1; P.L. 2006, ch. 253, § 5; P.L. 2013, ch. 144, art. 13, § 2; P.L. 2014, ch. 489, § 1.
[Repealed]
History of Section. P.L. 1985, ch. 182, § 13; P.L. 1988, ch. 336, § 1; Repealed by P.L. 1992, ch. 133, art. 77, § 1, effective July 1, 1992.
(a) On or before November 1 of each year, the highest elected official of each town or city shall submit to the school committee an estimate, prepared in a manner approved by the department of administration, of projected revenues for the next three (3) fiscal years. In the case of the property tax, the projection shall include only changes in the property tax base, not property tax rates.
(b) On or before November 1, the school committee shall submit to the city or town council an estimate of its expenditures by major program and school revenues for the three (3) years, which designates those expenditures, in whole or in part, that are required by state law or regulation.
(c) The state shall cooperate by the preparation and provision of information necessary to develop these three (3) year forecasts. The department of elementary and secondary education shall provide estimates of school aid based on current law or based on experience in previous years as determined by the commissioner. The department of elementary and secondary education shall also prepare a three (3) year plan to show the impact of state aid and state educational programs on each school district. All state aid estimates and three (3) year plans prepared by the department of elementary and secondary education shall be submitted to the director of the department of administration for review and comment prior to distribution among school districts. The department of administration shall develop a methodology for the calculation of three (3) year revenue forecasts by cities and towns. At the request of any city or town, the department of administration shall assist the city or town in making a forecast of revenues. In the absence of a request, the department of administration shall certify that any forecasts made by a city or town are consistent with the department of administration’s methodology. The retirement board established pursuant to § 36-8-3 shall provide projected rates for contribution to the teacher and municipal retirement systems. The state budget officer shall supply the assumptions he or she is using regarding the performance of the economy of the state.
(d) There shall annually be a joint meeting between the city or town council and the school committee not later than December 31st to review the revenue and expenditure projections and to discuss issues affecting the preparation of the school budget.
(e) For school districts that are not on a July 1 to June 30 fiscal year, the department of elementary and secondary education may, upon request of the district, establish other time periods for this planning process.
History of Section. P.L. 1985, ch. 182, § 13; P.L. 1988, ch. 84, § 71; P.L. 1989, ch. 126, art. 10, § 1.
For the purposes of §§ 16-2-21 and 16-2-21.2, the term “town or city council” means the town or city council or other elected body charged by either local charter or public law with either preparing the budget for submission to town meeting or for final adoption of the budget. Meetings between the town or city council, as defined, and the school committee shall be held under the provision of law governing the meetings of the council. The school committee of a regional school district shall meet independently with the council of each town or city within the regional school district.
History of Section. P.L. 1986, ch. 13, § 2; P.L. 1988, ch. 84, § 71.
(a) Notwithstanding any provision of the general or public laws to the contrary, whenever a city, town, or regional school committee determines that its budget is insufficient to comply with the provisions of § 16-2-21, 16-7-23, or 16-7-24, the city, town, or regional school committee shall adhere to the appropriated budget or the provisions of § 16-2-23 in the absence of an appropriated budget. The chairperson of the city, town, or regional school committee, in accordance with the provisions of § 16-2-9, shall be required to petition the commissioner, in writing, to seek alternatives for the district to comply with state regulations and/or provide waivers to state regulations and, in particular, those which are more restrictive than federal regulations that allow the school committee to operate with a balanced budget. Waivers which affect the health and safety of students and staff or which violate the provisions of chapter 24 of this title shall not be granted. The commissioner must consider alternatives for districts to comply with regulations and/or provide waivers to regulations in order that the school committee may operate with a balanced budget within the previously authorized appropriation. In the petition to the commissioner, the school committee shall be required to identify the alternatives to meet regulations and/or identify the waivers it seeks in order to provide the commissioner with the revised budget which allows it to have a balanced budget within the previously authorized appropriation. The commissioner shall respond within fifteen (15) calendar days from the date of the written petition from the school committee. If the commissioner does not approve of the alternatives to meet regulations or the waivers from regulations which are sought by the school committee, or if the commissioner does not approve of the modified expenditure plan submitted by the school committee, then: (1) within ten (10) days of receiving the commissioner’s response, the school committee may submit a written request to the city or town council for the council of the municipality to decide whether to increase the appropriation for schools to meet expenditures. The decision to increase any appropriations shall be conducted pursuant to the local charter or the public law controlling the approval of appropriations within the municipality; or (2) in a regional school district, the chairperson of the school committee may, within ten (10) days of receiving the commissioner’s response, submit a written request to the chief elected official of each of the municipalities to request that the city or town council in each of their respective towns meet to decide whether or not to increase the appropriation for schools to meet expenditures. The decision to increase any appropriations shall be conducted pursuant to the local charter or the public law controlling the approval of appropriations within the municipality.
(b) In the event of a negative vote by the appropriating authority, the school committee shall have the right to seek additional appropriations by bringing an action in the superior court for the county of Providence and shall be required to demonstrate that the school committee lacks the ability to adequately run the schools for that school year with a balanced budget within the previously authorized appropriation or in accordance with §§ 16-2-21, 16-2-23, 16-7-23, and 16-7-24. In no event shall any court order obtained by the school committee have force and effect for any period longer than the fiscal year for which the litigation is brought. Any action filed pursuant to this section shall be set down for a hearing at the earliest possible time and shall be given precedence over all matters except older matters of the same character. The court shall render its decision within thirty (30) days of the close of the hearings. Upon the bringing of an action in the superior court by the school committee to increase appropriations, the chief executive officer of the municipality, or in the case of a regional school district the chief elected officials from each of the member municipalities, shall cause to have a financial and performance audit in compliance with the generally acceptable governmental auditing standards of the school department conducted by the auditor general, the bureau of audits, or a certified public accounting firm qualified in performance audits. The results of the audit shall be made public upon completion and paid for by the school committee to the state or private certified public accounting firm.
(c) The auditor general shall select the auditor if the audit is not directly performed by his or her office.
History of Section. P.L. 1995, ch. 173, § 1; P.L. 2008, ch. 244, § 1.
Any requirement that the department of elementary and secondary education notify the local school districts of state education aid estimates prior to the submission of the governor’s budget presentation is suspended until further action by the general assembly. The department shall provide state education aid estimates based upon the governor’s budget submission and shall supplement these estimates upon the passage of the budget by the general assembly.
History of Section. P.L. 1996, ch. 100, art. 22, § 1.
(a) Prior to executing any collective bargaining agreement between a school committee and representatives of teachers and/or other school employees, the school committee in any municipality, or regional school district with an elected school committee, or the chief executive officer in any municipality with an appointed school committee shall prepare or cause to be prepared a collective bargaining fiscal impact statement. These statements shall set forth, in dollar amounts, estimates of the fiscal impact, during the term of the proposed agreement. No comment or opinion relative to the merits of the terms of the contract shall be included, except that technical or mechanical errors or defects may be noted.
(b) The fiscal impact statement and the awarded contract shall be publicized and shall be made immediately available upon ratification of the contract.
History of Section. P.L. 2008, ch. 100, art. 36, § 1; P.L. 2011, ch. 265, § 2.
[Repealed]
History of Section. G.L. 1896, ch. 60, § 21; G.L. 1909, ch. 67, § 11; G.L. 1923, ch. 70, § 24; G.L. 1938, ch. 178, § 24; G.L. 1956, § 16-2-22; Repealed by P.L. 1996, ch. 404, § 12, effective August 9, 1996.
The school committee, in the interval between the close of the city or town fiscal year and the making of the annual appropriations for the support of public schools, may expend for public school purposes the unexpended balance remaining in the treasury from the school appropriation of the expired fiscal year, and for each month a sum of money not exceeding one-twelfth (1/12) of the amount appropriated in the preceding year for the support of public schools, and the city or town treasurer shall pay orders drawn by the school committee in accordance with the provisions of this section from any money in the city or town treasury not otherwise appropriated.
History of Section. G.L. 1909, ch. 67, § 17; P.L. 1919, ch. 1804, § 1; G.L. 1923, ch. 70, § 29; G.L. 1938, ch. 178, § 29; G.L. 1956, § 16-2-23.
The state board of regents for elementary and secondary education may make or cause to be made a survey of the public schools of any city or town, and shall make the survey upon the request of the school committee of any city or town; provided, that the school committee shall share one-half (½) the cost of any survey that it requests and the state department of elementary and secondary education shall also share half of the cost. The board of regents for elementary and secondary education shall include in its annual report to the general assembly a summary of its findings upon the surveys with the recommendations as shall seem advisable.
History of Section. G.L. 1909, ch. 63, § 21; P.L. 1922, ch. 2234, § 6; G.L. 1923, ch. 65, § 6; G.L. 1938, ch. 176, § 3; impl. am. P.L. 1951, ch. 2752, § 21; G.L. 1956, § 16-2-24; P.L. 1962, ch. 35, § 1.
In the cities of Providence and Cranston the school committee of each city shall employ the superintendent and teachers, have charge and custody of all school buildings and school property, manage and regulate the schools, and draw all orders for the payment of their expenses from the money appropriated by the city council for the support of public schools; provided, that the city council of each city shall have the expenditure of all sums appropriated for the purchase of land for school purposes or for the improvement of the land or for the construction or repair of school buildings.
History of Section. P.L. 1896, ch. 420, § 2; G.L. 1909, ch. 73, § 6; P.L. 1915, ch. 1192, § 1; G.L. 1923, ch. 77, § 6; G.L. 1938, ch. 178, § 33; G.L. 1956, § 16-2-25.
Except as provided in this section, the provisions of this chapter are subject to the provisions of any special statutes respecting any particular city or town, none of which are repealed by this chapter.
History of Section. G.L. 1938, ch. 178, § 34; G.L. 1956, § 16-2-26.
Every child who has attained, or will have attained, five (5) years of age on or before September 1 of any school year shall be eligible to attend kindergarten during all the days that the kindergartens are in session during the school year. Every child who has attained, or will have attained, six (6) years of age on or before September 1 of any school year shall attend kindergarten during all the days that the kindergartens are in session during the school year if said child has not previously attended and successfully completed kindergarten. When a child is enrolled in kindergarten, the attendance requirements of § 16-19-1 shall apply. All school districts shall provide full-day kindergarten to every eligible student pursuant to chapter 99 of this title.
History of Section. P.L. 1966, ch. 66, § 1; P.L. 1988, ch. 84, § 71; P.L. 2002, ch. 323, § 1; P.L. 2016, ch. 467, § 1; P.L. 2016, ch. 471, § 1; P.L. 2023, ch. 97, § 1, effective June 19, 2023; P.L. 2023, ch. 98, § 1, effective June 19, 2023.
[Repealed]
History of Section. P.L. 1966, ch. 66, § 1; P.L. 1988, ch. 84, § 71; P.L. 1988, ch. 642, § 1; P.L. 2003, ch. 393, § 1; repealed by P.L. 2023, ch. 97, § 2, effective June 19, 2023; repealed by P.L. 2023, ch. 98, § 2, effective June 19, 2023.
The commissioner of elementary and secondary education shall promulgate regulations, including criteria for eligibility for waiver, pertaining to § 16-2-28 [repealed].
History of Section. P.L. 1988, ch. 642, § 2.
All public and private schools that provide multiple kindergarten sessions shall make every effort to give written notice to parents, thirty (30) days before the start of the school year, which kindergarten session their child has been placed.
History of Section. P.L. 1991, ch. 188, § 1.
[Repealed]
History of Section. P.L. 1972, ch. 275, § 1; P.L. 1974, ch. 113, § 1; Repealed by P.L. 1976, ch. 330, § 1.
All municipal school systems in this state shall make available, in their school lunch programs, low fat fortified milk with a milk fat content of one percent (1%) or less.
History of Section. P.L. 1973, ch. 219, § 1.
All municipal school systems in this state shall provide flags, belts, apparel, and devices to children acting in the capacity of school crossing guards, and this equipment shall be made from retro-reflective and/or fluorescent materials visible both day and night at three hundred feet (300′) to approaching motorists using lawful low beam headlights.
History of Section. P.L. 1974, ch. 32, § 1; P.L. 1976, ch. 68, § 1.
(a) All school committees in the state will have a policy manual. The policy manual will have all school committee policies in writing, properly indexed, and kept up to date. The policy manuals will be a source used to govern each school system. Regularly updated policy manuals shall be made available to the public on the website of each school district. Provided, any school or school district comprehensive school safety plan regarding crisis intervention, emergency response, and management, including those adopted by a school committee pursuant to the provisions of § 16-21-23, shall be excluded from and shall not be made available to the public on a school or school district website.
(b) There is appropriated the sum of one hundred thousand dollars ($100,000), from money not otherwise appropriated, to the department of elementary and secondary education to implement a school committee/administrator training program.
History of Section. P.L. 1977, ch. 203, § 1; P.L. 1977, ch. 642, § 1; P.L. 2023, ch. 113, § 1, effective June 19, 2023; P.L. 2023, ch. 114, § 1, effective June 19, 2023.
The city council of the city of Woonsocket shall appropriate a sum certain and annually determine salaries for the chairperson and members of the school committee for the city of Woonsocket.
History of Section. P.L. 1999, ch. 394, § 1; P.L. 1999, ch. 503, § 1.
The Woonsocket school committee, in conjunction with the superintendent, may adopt a school dress code for Woonsocket elementary, middle and high school students; provided, that:
(1) the principal, staff and parents have had an opportunity to offer suggestions and comments;
(2) the dress code shall be adopted at a time determined by the school committee, and the school committee shall give notice to the parents three (3) months before a dress code is required; and
(3) that on days when a nationally recognized youth organization has a scheduled function students participating in this organization shall be exempt from the dress code on that day.
History of Section. P.L. 2009, ch. 179, § 1.
The Central Falls school district governing board, in conjunction with the superintendent, may adopt a school dress code for Central Falls primary, elementary, junior, and senior high school students; provided that:
(1) The principal, staff, and parents have had an opportunity to offer suggestions and comments;
(2) The dress code shall be adopted at a time determined by the governing board, and the governing board shall give notice to the parents three (3) months before a dress code is required; and
(3) That on days when a nationally recognized youth organization has a scheduled function, students participating in this organization shall be exempt from the dress code on that day.
History of Section. P.L. 2013, ch. 277, § 1; P.L. 2013, ch. 343, § 1.
(a) There is hereby established a seven (7) member board of trustees, which shall govern the Central Falls School District. With the exception of those powers and duties reserved by 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 school committees. Notwithstanding any provision of law to the contrary, the commissioner of elementary and secondary education, as the executive agent of the board of regents for elementary and secondary education, is authorized to exercise in whole or in part care, control, and management over the public schools of the Central Falls school district within the scope of authority of the board of trustees and board of regents, whenever the commissioner deems such intervention to be necessary and appropriate.
(b) 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 shall determine the number, qualifications, and terms of office of members of the board of trustees, provided however, that at least four (4) of the members shall be residents of the city and parents of current or former Central Falls public school students. The remaining three (3) shall be appointed at large.
(c) The board of regents shall provide parameters for overall budget requests, approve the budget, and otherwise participate in budget development.
(d) The commissioner of elementary and secondary education shall recommend parameters for overall budget requests, recommend a budget, and otherwise participate in budget development.
(e) The commissioner shall approve the process for selection of the superintendent.
(f) The board of trustees shall meet monthly and serve without compensation. The board of trustees shall have broad policy making authority for the operation of the school, as well as the following powers and duties:
(1) To identify the educational needs of the district;
(2) To develop educational policies to meet the needs of students in the school district;
(3) To appoint a superintendent to serve as its chief executive officer and to approve assistant and associate superintendents from nominations made by the superintendent;
(4) To provide policy guidance and otherwise participate in budget development; and
(5) To develop staffing policies which ensure that all students are taught by educators of the highest possible quality.
(g) The superintendent shall serve at the pleasure of the board of trustees with the initial appointment to be for a period of not more than three (3) years; provided, however, that the terms and conditions of employment are subject to the approval of the board of regents for elementary and secondary education.
(h) It shall be the responsibility of the superintendent to manage and operate the school on a day-to-day basis. The superintendent’s duties shall include the following:
(1) To be responsible for the care, supervision, and management of the schools;
(2) To recommend to the board of trustees educational policies to meet the needs of the district, and to implement policies established by the board of trustees;
(3) To present nominations to the board of trustees for assistant and associate superintendents and to appoint all other school personnel;
(4) To provide for the evaluation of all school district personnel;
(5) To establish a school based management approach for decision making for the operation of the school;
(6) To prepare a budget and otherwise participate in budget development as required, and to authorize purchases consistent with the adopted school district budget;
(7) To report to the board of trustees, on a regular basis, the financial condition and operation of the schools, and to report annually on the educational progress of the schools;
(8) To establish appropriate advisory committees as needed to provide guidance on new directions and feedback on the operation of the schools;
(9) With policy guidance from the board of trustees and extensive involvement of the administrators and faculty in the school, to annually prepare a budget. The board of trustees shall approve the budget and transmit it to the commissioner. The board of regents for elementary and secondary education, upon recommendation of the commissioner of elementary and secondary education, shall provide parameters for the overall budget request. Based on review and recommendation by 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 superintendent; and
(10) To negotiate, along with the chairperson of the board of trustees and his or her appointed designee, all district employment contracts, which contracts shall be subject to the approval of the commissioner of elementary and secondary education with the concurrence of the board of regents.
(i) 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, to exercise rights afforded under any statute including, but not limited to, Title 16, or to allow the commissioner, board of trustees or the superintendent to abrogate any agreement by collective bargaining.
(j) The appointment of the special state administrator for the Central Falls School District and the Central Falls School District Advisory Group, created by chapter 312 of the Rhode Island Public Laws of 1991, will no longer be in effect upon the selection and appointment of the board of trustees created in this section. All powers and duties of the special state administrator and the Central Falls School District Advisory Group are hereby transferred and assigned to the board of trustees created in this section, upon the selection and appointment of that board.
History of Section. P.L. 2002, ch. 204, § 1; P.L. 2012, ch. 241, art. 12, § 1.
(a) The school committee of the town of Middletown shall be authorized to adopt by resolution the Middletown public schools sponsorship program (the “program”). The purpose of said program shall be to provide funding to aid the Middletown school district in maintaining its current extra-curricular program offerings by creating paid advertising and sponsorship opportunities through the Middletown public schools.
(b) Such program shall meet the following guidelines and criteria:
(1) Proposals for sponsorships shall be reviewed by the superintendent of schools, and if approved by the superintendent, such approval shall be submitted to the Middletown school committee for final approval;
(2) Paid advertising and business sponsorships shall be permitted on school district grounds only with the prior approval of both the superintendent and the school committee of the town of Middletown.
(3) The Middletown school committee shall promulgate a policy on advertising and business sponsorship. Any advertising on school property, in district publications, and distribution or display that is paid for by a private, business, or commercial sponsor shall be consistent with the provisions of such policy. In promulgating such policy, the school district shall be especially cognizant of the requirements of chapter 21 of this title in regard to health and safety of pupils.
(i) Advertising and business sponsorships shall be limited to products, services, and issues that support and promote a positive educational atmosphere.
(ii) Approved advertising, signage, and other promotions shall be in good taste, use good production quality, and shall not detract from the educational environment.
(c) Prohibited advertising and business sponsorships shall include, but not be limited to, the following:
(1) Anything that is illegal, obscene, profane, vulgar, prurient, defamatory, violent, abusive, impolite, or that contains sexual content, sexual imagery, or sexual overtones, or that is otherwise not suitable for minors;
(2) Anything that is discriminatory or promotes goods or services not suitable for use or consumption by minors;
(3) Materials in support of or promoting a specific religion or religious viewpoint; and
(4) Materials in support of or promoting a specific political candidate or viewpoint.
(d) The provisions of the section shall not apply to information, promotions, or announcements issued by the town of Middletown and/or the state of Rhode Island.
History of Section. P.L. 2015, ch. 248, § 1; P.L. 2015, ch. 270, § 1.
All public schools shall, prior to September 1 of each year, make every effort to provide written notice to parents, guardians, or caretakers of students inviting those parents, guardians, or caretakers to attend orientation at the school within thirty (30) days from the start of the school year.
History of Section. P.L. 2021, ch. 280, § 1, effective July 9, 2021; P.L. 2021, ch. 281, § 1, effective July 9, 2021.
When a school committee, by its policies, provides for excused absences from attendance in school, for participation in a sport or any other extracurricular activity, that policy shall be amended and deemed to also include an excused absence from attendance in school for attending or participating in agricultural fairs as listed or defined by the department of environmental management. The department of environmental management shall work in consultation with the department of elementary and secondary education to define what qualifies as an agricultural fair for purposes of this section.
History of Section. P.L. 2023, ch. 381, § 1, effective June 26, 2023; P.L. 2023, ch. 382, § 1, effective June 26, 2023.
There is hereby created a permanent commission to be known as the Rhode Island Permanent Commission on Civic Education to consist of twenty-one (21) members; three (3) of whom shall be from the house of representatives, not more than two (2) from the same political party, to be appointed by the speaker; three (3) of whom shall be from the senate, not more than two (2) from the same political party, to be appointed by the senate president; one of whom shall be the Rhode Island secretary of state, or designee; two (2) of whom shall be teachers or representatives of teachers, one of whom shall be a member of the National Education Association of Rhode Island, to be appointed by the speaker, and one of whom shall be a member of the American Federation of Teachers, to be appointed by the senate president; one of whom shall be a member of the Superintendent’s Association, or Principal’s Association, to be appointed by the speaker; one of whom shall be the director of the Rhode Island Historical Society, or designee; one of whom shall be the commissioner of elementary and secondary education, or designee; one of whom shall be the commissioner of postsecondary education, or designee; one of whom shall be from the Rhode Island Black Heritage Society, to be appointed by the speaker; one of whom shall be from the Dorcas International Institute of Rhode Island, to be appointed by the senate president; one of whom shall be a teacher at a parochial/private school institution, to be appointed by the speaker; one of whom shall be the director of museum and program at the Rhode Island Heritage Harbor Foundation, or designee; one of whom shall be the director of the Rhode Island Council for the Humanities, or designee; one of whom shall be the director of the Pell Center for International Relations and Public Policy, or designee; one of whom shall be the director of the Progreso Latino, or designee; and one of whom shall be the director of the Center for Civic Education, or designee.
History of Section. P.L. 2001, ch. 388, § 1; P.L. 2004, ch. 477, § 1; P.L. 2004, ch. 543, § 1; P.L. 2017, ch. 209, § 1; P.L. 2017, ch. 245, § 1.
(a) The commission is empowered to appoint committees to study specialized areas of concern and to report their findings and recommendations to the commission; provided, however, that one of these committees shall be a Rhode Island history committee.
(b) All departments and agencies of the state shall furnish advice and information, documentary and otherwise, to the commission and its agents as may be necessary or desirable to facilitate the purposes of this chapter.
(c) The commission shall report its findings and/or recommendations to the speaker of the house of representatives, the senate president, and the commissioner of elementary and secondary education.
(d) Eight (8) members of the commission shall constitute a quorum.
(e) The commission shall meet at least two (2) times per year.
History of Section. P.L. 2001, ch. 388, § 1; P.L. 2017, ch. 209, § 1; P.L. 2017, ch. 245, § 1.
As used in this chapter, “civic education” means the goal of education in civic and government is informed, responsible participation in political life by competent citizens committed to the fundamental values and principles on American constitutional democracy. Their effective and responsible participation requires the acquisition of a body of knowledge and of intellectual and participatory skills. Effective and responsible participation also is furthered by development of certain dispositions or traits of character that enhance the individual’s capacity to participate in the political process and contribute to the healthy functioning of the political system and improvement of society.
History of Section. P.L. 2001, ch. 388, § 1.
The purpose of this chapter is to assist communities within the state to operate schools on a more efficient and economic basis through the development of regional school districts and to enhance the services of the schools in line with present day needs.
History of Section. P.L. 1958, ch. 197, § 1.
Regional school districts may be organized for the establishment of schools for the purposes enumerated in this section:
(1) To operate all schools and educational services;
(2) To operate elementary or secondary schools;
(3) To operate vocational or technical schools;
(4) To operate a community college; and
(5) To operate other schools as the people of the regional school district may determine, subject to the approval by the board of regents for elementary and secondary education.
History of Section. P.L. 1958, ch. 197, § 1; P.L. 1988, ch. 336, § 5.
Regional school districts formed under the provisions of this chapter to operate any one of the types of schools listed in § 16-3-2 may establish any one or more of the following types of services for all the pupils of the regional school district if so specified in the agreement:
(1) To provide education for individuals with disabilities;
(2) To provide transportation for all schools in the regional district;
(3) To provide school health services;
(4) To provide guidance services;
(5) To provide either general supervisory services for all the schools of the area or supervisory services in some special field such as vocational education; and
(6) To provide other educational services as the people of the regional district may determine, subject to approval by the commissioner of elementary and secondary education.
History of Section. P.L. 1958, ch. 197, § 1; P.L. 1999, ch. 83, § 22; P.L. 1999, ch. 130, § 22.
(a) The commissioner of elementary and secondary education shall order the creation of a regional school district planning board for the purpose of conducting a study of the feasibility of regionalization or other cooperative ventures if any of the following conditions are found to exist:
(1) High school enrollments are below or are projected to be less than one hundred (100) per grade;
(2) Per pupil spending is sixty-six percent (66%) or less of the statewide average for three (3) consecutive years;
(3) The appropriating authority finds that the community does not have the fiscal and economic capacity to provide educational programs consistent with law and regulations, based on factors included but not limited to per pupil assessed valuation, and personal income;
(4) The commissioner of elementary and secondary education determines that a school district does not have the capacity to comply with the Basic Education Program (BEP).
(b) In ordering the creation of a regional school district planning board the commissioner shall determine which cities or towns will be required to participate.
(c) In mandating a regionalization study, the commissioner should make certain that the study address the following questions:
(1) Will regionalization allow the cities or towns to offer a complete K through 12 educational program (in particular, if the town or city currently “tuitions out” some of its students)?
(2) Will regionalization allow the school system to offer a more comprehensive and/or diversified program for high school students (i.e., advanced language, mathematics, etc., specialized and/or remedial courses)?
(3) Will regionalization, by its size alone, allow savings through “economies of scale”?
(4) What effect will regionalization have on transportation costs for the school district and transportation times for students?
(5) What effect will regionalization have on class size and will that be beneficial or detrimental to the students’ classroom performance, socialization skills, and/or participation in school activities?
(6) How will “spending per pupil” change with regionalization?
(7) Are there weaknesses in the curriculum or programs within a district that can be remedied by regionalization with a district with compensating strengths?
(8) What effect will existing labor contracts and bargaining agreements have on regionalization efforts?
(9) What new or diverse facility requirements will be needed if regionalization occurs and what are the costs of these facilities?
(10) What effect will regionalization have on disadvantaged and special populations within the districts?
(11) Will extracurricular activities and/or the student support services (guidance, library, etc.) be enhanced by regionalization?
(12) Will regionalization permit sufficient “local control” for all districts involved to assure parents that they have some influence on the education of their children?
(13) Will regionalization take into effect the unique socio-economic and cultural heritage of the participating cities and/or towns?
(14) Will regionalization have any effect on the vocational education program?
(15) Do comparative studies of regionalization in similar areas show improved school quality? and
(16) Do the regionalization plans take into effect projected demographic trends?
(d) The regional school district planning board shall report its findings within eighteen (18) months of its creation.
History of Section. P.L. 1988, ch. 336, § 6; P.L. 1989, ch. 269, § 1.
(a) Any city or town, by majority vote of its appropriating authority, may create a special unpaid committee to be known as a regional school district planning committee, to consist of three (3) members, two (2) of whom shall be appointed by the president of the city or town council and one of whom shall be appointed by the chairperson of the school committee; and shall at the same meeting appropriate for the expense of the committee a sum, not exceeding one tenth of one percent (.1%) of the assessed valuation of the city or town in the preceding year.
(b) The committee may consist of more than three (3) members; if this is the case then two-thirds (⅔) shall be appointed by the president of the city or town council, and the remaining members by the chairperson of the school committee.
(c) In cities and towns where the mayor or town administrator is directly elected, the committee shall be appointed in equal numbers of members by the mayor or town administrator, president of the city or town council, and chairperson of the school committee.
History of Section. P.L. 1955, ch. 3511, § 1; G.L. 1956, § 16-3-1; G.L. 1956, § 16-3-4; P.L. 1958, ch. 197, § 1; P.L. 1988, ch. 336, § 5.
Regional school district planning committees from any two (2) or more cities or towns may join together to form a regional school district planning board or boards. A regional school district planning board shall organize immediately upon its formation by the election of a chairperson, vice-chairperson, and secretary treasurer.
History of Section. P.L. 1955, ch. 3511, § 1; G.L. 1956, § 16-3-2; G.L. 1956, § 16-3-5; P.L. 1958, ch. 197, § 1; P.L. 1988, ch. 336, § 5.
It shall be the duty of the regional school district planning board to study the advisability of establishing a regional school district, its organization, operation, and control, and of constructing, maintaining, and operating a school or schools and the types of services to be performed by the school or schools to serve the needs of the district; to estimate the construction and its operating costs; to investigate the methods of financing the school or schools, and any other matters pertaining to the organization and operation of a regional school district; and to submit a report of its findings and recommendations to the city or town councils of the several participating cities or towns. Planning boards created under § 16-3-3.1 shall include in their report the items listed in § 16-3-3.1.
History of Section. P.L. 1955, ch. 3511, § 2; G.L. 1956, § 16-3-3; G.L. 1956, § 16-3-6; P.L. 1958, ch. 197, § 1; P.L. 1988, ch. 336, § 5.
The regional district planning board may recommend that there shall be established a regional school district which may include all the cities or towns represented by its membership, or alternatively, any specified combination of the cities or towns. If the regional district planning board so recommends, it shall submit a proposed agreement or agreements setting forth as to each alternative recommendation, if such be made, the following:
(1) The number, composition, method of selection, and terms of office of the members of the regional district school committee.
(2) The cities or towns in which the regional district school or schools are to be located.
(3) The type of regional district school or schools and the type of services to be undertaken by the regional school district.
(4) The method of apportioning the expenses of the regional school district, and the method of apportioning the costs of school construction, including any interest and retirement of principal of any bonds or other obligations issued by the district among the several cities or towns comprising the district, and the time and manner of payment of the shares of the several cities or towns of the expenses.
(5) The method by which school transportation shall be provided, and if transportation is to be furnished by the district, the manner in which the expenses shall be borne by the several cities or towns.
(6) The terms by which any city or town may be admitted to or separated from the regional school district.
(7) The method by which the agreement may be amended.
(8) The detailed procedure for the preparation and adoption of an annual budget.
(9) Any other matters, not incompatible with law, which the board may deem advisable.
History of Section. P.L. 1955, ch. 3511, § 3; G.L. 1956, § 16-3-4; G.L. 1956, § 16-3-7; P.L. 1958, ch. 197, § 1; P.L. 1988, ch. 336, § 5.
Any other provisions of this chapter or any other general or public law to the contrary notwithstanding, members of the regional district school committee shall be selected from voting districts as nearly equal in population as is practicable within each city or town in the district, and member cities or towns in the districts shall be entitled to representation on the school committee in proportion to their population.
History of Section. P.L. 1970, ch. 225, § 1; P.L. 1988, ch. 336, § 5.
The North Providence school department shall be transferred from the Providence vocational area to the William E. Davies vocational area.
History of Section. P.L. 1988, ch. 298, § 1.
Copies of the agreement drawn by the regional district planning board in accordance with § 16-3-7 shall be submitted to the state board of regents for elementary and secondary education for review and recommendation to the several cities or towns for their acceptance.
History of Section. P.L. 1955, ch. 3511, § 3; G.L. 1956, § 16-3-4; G.L. 1956, § 16-3-8; P.L. 1958, ch. 197, § 1; P.L. 1988, ch. 336, § 5.
Each city or town council of the respective cities or towns shall, upon receipt of a recommendation that a regional school district should be formed, and of a proposed agreement submitted in accordance with the provisions of §§ 16-3-4 to 16-3-8, and with the approval required by § 16-3-8, direct the city or town clerk to cause the question of accepting the provisions of this and the following sections and the proposed agreement or agreements to be placed on the official warrant for the warning and calling of a special or annual financial town meeting or referendum to be held in either case within six (6) months after receipt of the recommendation by the city or town council, in substantially the following form:
“Shall the city or town accept the provisions of chapter 3 of title 16, providing for the establishment of a regional school district, together with the cities or towns of and , and the construction, maintenance, and operation of regional schools by the district in accordance with the provisions of a proposed agreement filed with the city or town council?”
History of Section. P.L. 1955, ch. 3511, § 4; G.L. 1956, § 16-3-5; G.L. 1956, § 16-3-9; P.L. 1958, ch. 197, § 1; P.L. 1988, ch. 336, § 5.
If a majority of the voters voting on the question in each of the several cities or towns shall vote in the affirmative to accept this chapter, the provisions of this chapter shall apply, and the proposed regional school district shall be deemed to be established in accordance with the terms of the agreement adopted.
History of Section. P.L. 1955, ch. 3511, § 4; G.L. 1956, § 16-3-6; G.L. 1956, § 16-3-10; P.L. 1958, ch. 197, § 1; P.L. 1988, ch. 336, § 5.
(a) A regional school district established under the provisions of § 16-3-10 shall be a body politic and corporate with all the powers and duties conferred by law upon school committees and with the following additional powers and duties:
(1) To adopt a name and a corporate seal.
(2) To sue and be sued but only to the same extent and upon the same conditions that a city or town may sue or be sued.
(3)(i) To acquire by purchase, gift, or other means of transfer or by condemnation, land, and improvements within the district as a site for a school or schools. To acquire also by this method the rights of way and other easements as may be required in connection with the use of the site.
(ii) For the purpose of acquiring land by condemnation for the site, the regional district is given all the powers conferred upon cities or towns for the condemnation of land for school purposes by § 16-9-5; provided, that the amount of land taken by the committee may exceed five (5) acres but shall not exceed thirty (30) acres for any one building site. The description, plat, and statement of the land taken under this chapter shall be signed by the chairperson of the regional district school committee and filed in the records of land evidence as provided in § 16-9-6. The owners of land or any persons entitled to any estate or interest in it taken by the committee shall have the same right of petition, the right of jury trial, and all other rights under the provisions of §§ 16-9-7 and 16-9-8.
(iii) Upon the filing of the description, plat, and statement of the land taken, the title to the land shall vest absolutely and in fee simple in the regional school district notwithstanding that any of the land taken is devoted to a public use, and the district, acting by and through the district committee and its duly authorized agents, may immediately enter and take possession of the land without any process of law required by statute or common law, and remove any or all buildings, property, or other impediments, and occupy, use, and improve the land for the purposes of this chapter notwithstanding any other provision of law.
(iv) The district, through its committee, is authorized and empowered to pay for the cost of acquiring land for the school site from the proceeds received from the sale of bonds issued pursuant to the provisions of this chapter, whether the property is acquired by purchase or by condemnation, or partly by purchase and partly by condemnation.
(4) To secure competent architectural and engineering services for the taking of surveys, the preparation of plans and specifications for the construction and equipment of a school or schools in the district, and to employ clerical assistance as may be necessary.
(5) To construct, furnish, and equip schools and improve the grounds upon which the schools are located and to make additions to the schools as may be needed.
(6) To make all contracts and agreements that may be necessary for the exercise of the powers vested in the district school committee by subdivisions (3), (4), and (5) of this subsection;
(7) To issue under its corporate name and seal bonds in serial form to an amount not exceeding the debt limits as described in this chapter. The bonds shall be signed by the chairperson and treasurer of the regional school district committee; the principal and interest shall be payable in any coin or currency of the United States that, at the time of payment, is legal tender for public and private debts, and the debt secured by the bonds shall be obligatory on the district to the same extent as other debts lawfully contracted by the district.
(8) To borrow temporarily and to issue temporary notes of the district, the proceeds of which shall be used only for the purposes set forth in subdivisions (3), (4), and (5) of this subsection. Each authorized issue shall constitute a separate loan. Each issue may be for a period of not more than three (3) years and notes issued for a shorter period may be refunded or renewed from time to time by the issue of other temporary notes maturing within the required period of three (3) years, provided, that the period from the date of issue of the original loan to the date of maturity of the refunding or renewal loans shall not be more than three (3) years. Temporary notes of the district shall be signed by the chairperson and treasurer of the regional district school committee, and may bear interest or be sold at a discount. The period and discount or interest rate and other particulars of the temporary notes shall be fixed by the district committee. The temporary notes and renewal notes, including interest or discount on the notes and the expense of preparing, issuing, and marketing the notes, shall, unless otherwise taken care of, be funded by the issue of serial bonds under the provisions of subdivision (7) of this subsection. The aggregate principal amount of temporary notes issued and outstanding under this subdivision shall not at any time exceed the sum of the serial bonds authorized to be issued.
(9) To incur temporary debt after the district school or schools are constructed and in operation in anticipation of revenue to be received.
(10) To apply for and receive, accept, and use any state or federal funds or assistance, or both, as may be provided, whether in the form of a grant or a loan, or both, on the same basis as other school districts, but subject to the provisions of this chapter; to receive, accept, and use any gift from private sources; to receive and disburse funds for any district purpose.
(11) To publish an annual report containing a detailed financial statement showing the total receipts and expenditures of the period covered by the report together with additional information relating to the maintenance and operating of the school or schools as may be deemed necessary by the regional district school committee.
(12) To engage legal counsel.
(13) To engage and employ a superintendent of the district who may also be a principal of a district school or schools on a contractual basis for either a definite or indefinite term as the regional school district school committee shall decide. The person employed shall have all the powers and duties imposed upon a superintendent of schools by law.
(b) The powers, duties, and liabilities of a regional school district as set forth in this chapter, together with any other powers and duties pertaining to school committees prescribed by the laws of this state and not inconsistent with the provisions of this chapter, shall be vested in and exercised by a regional district school committee organized in accordance with the terms of the agreement. The committee shall choose by ballot a chairperson from its membership. It shall also appoint a clerk and a treasurer who may be the same person, and who need not be a member or members of the committee. The treasurer shall receive and take charge of all money belonging to the district and shall pay all bills and indebtedness of the district that have been approved by the committee; provided, that expenditures, encumbrances, and accruals shall not in any fiscal year exceed the total revenue belonging to the district. Should the treasurer estimate that actual expenses may exceed total available revenue in any fiscal year, he or she shall notify the school committee and the superintendent of schools, and the chief elected officials of the cities or towns. Purchase orders or financial commitments shall not be authorized even on the order of the school committee unless it can be proven that there will not be an excess of expenditures, encumbrances, and accruals over revenues. The clerk and the treasurer shall give bond to the district in the sum and with the surety as shall be satisfactory to the committee and conditioned for the faithful performance of the duties of the office.
(c) Nothing contained in this section shall be construed to prohibit a regional district school committee from negotiating and contracting with school employees and teachers for services to be rendered in the ensuing fiscal years pursuant to chapters 9.3 and 9.4 of title 28.
(d) The regional district school committee shall annually cause an audit to be made of the accounts of the regional school district and on completion of each audit, a report shall be made to the chairperson of the committee.
(e)(1) Notwithstanding any provisions of the general laws to the contrary, the requirement defined in this subsection shall apply. The school committee of each school district shall be responsible for maintaining a school budget which does not result in a debt.
(2) The school committee shall, within thirty (30) days after the close of the first and second quarters of the state’s fiscal year, adopt the budget as may be necessary to enable it to operate without incurring a debt, as described in subdivision (1) of this subsection.
(3) In the event that any obligation, encumbrance or expenditure by a superintendent of schools or a school committee is in excess of the amount budgeted or that any revenue is less than the amount budgeted, the school committee shall within five (5) working days of its discovery of potential or actual over expenditure or revenue deficiency, submit a written statement of the amount of and cause for the over obligation or over expenditure or revenue deficiency to the town council president and such other person who by local charter or statute serves as the city or town’s executive officer; the statement shall further include a statement of the school committee’s plan for corrective actions necessary to meet the requirements of subdivision (1) of this subsection. The plan shall be approved by the auditor general.
History of Section. P.L. 1958, ch. 197, § 1; P.L. 1980, ch. 152, § 3; P.L. 1981, ch. 397, § 1; P.L. 1988, ch. 84, § 72; P.L. 1988, ch. 336, § 5; P.L. 1991, ch. 44, art. 44, § 2.
(a) The regional school district financial meeting to which all the voters qualified to vote in their respective cities or towns on any proposition for the imposition of a tax or the expenditure of money shall be held on the first Monday in February of each year at eight o’clock (8:00) p.m. at the regional school district high school or any other location that the regional school district committee may publicly designate in advance; provided, however, that:
(1) The Exeter-West Greenwich regional school district meeting shall be held on the second (2nd) or third (3rd) Monday of April of each year at the discretion of the school committee at seven o’clock (7:00) p.m.; and
(2) The Chariho Regional School District meeting for the calendar year 2002 only shall be held no later than March 23, 2002 at a time and date to be determined by the regional district school committee. The regional district school committee shall prepare and approve a budget no later than thirty (30) days prior to the annual meeting date. The regional district school committee shall adopt a final proposed budget no later than ten (10) days prior to the annual meeting date and the treasurer of the regional school district shall certify the charge per pupil to each district treasurer by April 9, 2002.
(b) Special meetings may be called by vote of the regional school district committee or upon petition of two hundred (200) district voters filed in writing with the committee; provided, however, that for the Exeter-West Greenwich Regional School District, a petition of five percent (5%) of registered voters shall be required to call a special meeting and the petition must be filed on or before May 15 of any year. The petition shall be presented in proper format with the signature, the printed name and the address of each registered voter, to the school committee at a duly convened school committee meeting.
History of Section. P.L. 1958, ch. 197, § 1; P.L. 1970, ch. 149, § 1; P.L. 1991, ch. 16, § 1; P.L. 1991, ch. 380, § 1; P.L. 1992, ch. 3, § 1; P.L. 1993, ch. 3, § 1; P.L. 1993, ch. 13, § 1; P.L. 1993, ch. 14, § 1; P.L. 1994, ch. 4, § 1; P.L. 1995, ch. 8, § 1; P.L. 1995, ch. 11, § 1; P.L. 1996, ch. 9, § 1; P.L. 1997, ch. 4, § 1; P.L. 1997, ch. 7, § 1; P.L. 1998, ch. 5, § 1; P.L. 1999, ch. 3, § 1; P.L. 2000, ch. 6, § 1; P.L. 2000, ch. 7, § 1; P.L. 2001, ch. 2, § 1; P.L. 2001, ch. 4, § 1; P.L. 2001, ch. 86, § 27; P.L. 2002, ch. 11, § 1; P.L. 2002, ch. 12, § 1; P.L. 2004, ch. 47, § 1; P.L. 2004, ch. 230, § 1; P.L. 2006, ch. 114, § 1; P.L. 2006, ch. 197, § 1.
The regional school district financial meeting shall determine the regional school district budget as to overall amounts, the decision as to the levying of taxes covering the functions of the regional school district, the purchase of land and the construction of buildings, the extension of the scope of the functions of the regional school district as approved by the board of regents for elementary and secondary education, and the election of members to the regional school district school committee.
History of Section. P.L. 1958, ch. 197, § 1.
In cities and towns that do not have a regional school district financial meeting, the regional school committee or an alternative mechanism approved by the board of regents for elementary and secondary education shall determine the regional school district budget as to overall amounts, the purchase of land, and the construction of buildings.
History of Section. P.L. 1958, ch. 197, § 1; P.L. 1988, ch. 336, § 5.
The moderator of the regional school district financial meeting shall be the chairperson of the regional school district committee and the clerk of the meeting shall be the clerk of the regional school district committee.
History of Section. P.L. 1958, ch. 197, § 1.
The school district financial meeting or the regional representatives under the provisions of § 16-3-14 shall not be subject to tax limitations for operational purposes except as specifically provided in the agreement.
History of Section. P.L. 1958, ch. 197, § 1; P.L. 1988, ch. 336, § 5.
The regional school district financial meeting or regional representatives under the provisions of § 16-3-14 shall be subject to the statutory debt limit for incurring debt for capital outlay purposes in those regional school districts embracing all the educational functions of the area to ten percent (10%) of the full valuation of the taxable real property within the district as determined by the department of administration. If this results in increasing the debt requirements over the debt limits of any town or city which represents less than half (½) of the true valuation of the regional school district, this shall not be considered as a violation of the debt limit in the town or city.
History of Section. P.L. 1958, ch. 197, § 1; P.L. 1988, ch. 336, § 5.
In any instance where the regional school district embraces functions formerly performed by towns and cities within their borders which require the utilization of a plant, the plant shall be transferred to the regional school district or rented by it, and if transferred the regional school district shall assume responsibility for the servicing of outstanding debts on the plant.
History of Section. P.L. 1958, ch. 197, § 1.
(a)(1) The cost of the operation of a regional school district and the cost of payment of an indebtedness of the regional school district authorized by the regional school district financial meeting or regional representatives under the provisions of § 16-3-14 shall be borne by the member towns and/or cities that comprise the regional school district in that proportion that the equalized weighted assessed valuation of the property of the towns and cities that lie within the regional school district as determined from the latest figure certified by the department of revenue bears to the total equalized weighted assessed valuation of the total property of the regional school district, or, if the figures from the department of revenue are not available, the latest figures on equalized weighted assessed valuation used by the state department of elementary and secondary education in determining equalization aid under chapter 7 of this title shall be used.
(2) However, the apportionment of the cost of operating a regional school district and the cost of paying indebtedness may be determined by the members towns and/or cities that comprise the regional school district in a manner approved by a majority vote within each member community.
(b) On or before March 1 in each year the treasurer of the regional school district shall determine the proportionate share of the cost of the operation and the cost of the capital debt service payments of the regional school district for the next regional school district fiscal year to be borne by the towns and/or cities that comprise the regional school district in the manner prescribed in subsection (a) of this section, and he or she shall notify the town or city treasurer of the towns and/or cities comprising the regional school district of the total amount of money necessary to be raised from the regional school district taxpayers of each town or city for the operation of the regional school district for the fiscal year following.
History of Section. P.L. 1958, ch. 197, § 1; P.L. 1988, ch. 84, § 72; P.L. 1988, ch. 336, § 5; P.L. 2006, ch. 246, art. 38, § 2.
(a) Each city or town that is a member of a regional school district shall annually appropriate a sum sufficient to pay its proportionate share of the interest on the bonds and notes issued and outstanding under authority of this chapter, and also to pay its proportionate share of the principal of the bonds and notes maturing in any one year until the bonds and notes are fully paid.
(b) Each city or town that is a member of the district shall annually appropriate a sum sufficient to pay its proportionate share of the operation of the regional school district in accordance with the terms of the agreement.
History of Section. P.L. 1958, ch. 197, § 1; P.L. 1988, ch. 336, § 5.
The town or city treasurer of each town or city of the regional school district shall forward to the regional school district treasurer on July 1, October 1, January 1, and April 1 one-fourth (¼) of the amount due for the operation of the regional school district for the fiscal year beginning July 1 from each town or city or parts thereof comprising the regional school district.
History of Section. P.L. 1958, ch. 197, § 1.
The regional school district fiscal years shall begin on July 1.
History of Section. P.L. 1958, ch. 197, § 1.
[Repealed]
History of Section. P.L. 1958, ch. 197, § 1; Repealed by P.L. 1960, ch. 27, § 12.
In the event the general assembly shall enact legislation providing for financial assistance to cities and towns for school construction or for assisting the cities and towns in servicing the debt already incurred for the construction of schools, any regional school district shall be entitled to share in the aid in the same manner as any city or town.
History of Section. P.L. 1958, ch. 197, § 1.
(a) A regional school district organized prior to January 1, 1959, shall be governed by the provisions of the act establishing it and the provisions of this chapter not inconsistent with it.
(b) Amendments to the date of financial district meetings shall not be considered inconsistent with acts establishing pre-1959 regional school districts provided those amendments are limited to one year only.
History of Section. P.L. 1958, ch. 197, § 2; P.L. 1992, ch. 6, § 1.
The cost of conducting the studies required under § 16-3-3.1 shall be borne by an annual state appropriation. The commissioner of elementary and secondary education shall establish regulations necessary to implement this section.
History of Section. P.L. 1988, ch. 336, § 6.
The purpose of this chapter is threefold: to assist school districts within the state to establish cooperative service operations and the method of administering those operations; to provide for the delivery of administrative and instructional services desired by school districts; and to provide that the department of elementary and secondary education offer technical assistance to carry out the purpose of this chapter.
History of Section. P.L. 1975, ch. 246, § 1.
(a) Any school committee, acting for or on behalf of its district, may enter into an agreement with one or more other school committees to conduct jointly instructional education programs and/or administrative functions, provided that the agreement has been reviewed and is recommended by the commissioner of elementary and secondary education and has the approval of each participating school committee.
(b) The department of elementary and secondary education shall provide technical assistance to any school districts expressing interest in the formation of cooperative services. It shall review proposed agreements and make recommendations prior to the submission of the agreements to the commissioner of elementary and secondary education for his or her consideration.
History of Section. P.L. 1975, ch. 246, § 1.
The board of regents for elementary and secondary education shall adopt regulations regarding all aspects of the agreement. Each agreement shall fully describe the services to be rendered, the terms by which each school district shall share in the cost of the services, and shall provide for a method of governing the services which services shall be considered a part of the public school system.
History of Section. P.L. 1975, ch. 246, § 1.
The board of regents for elementary and secondary education may provide for special grants which it may deem necessary to stimulate the formation of cooperative service arrangements, and it may establish the level of subsidy that it deems appropriate to continue the operation of any cooperative service area.
History of Section. P.L. 1975, ch. 246, § 1.
(a) Each original agreement shall provide for the disposition, upon termination, of any unencumbered funds, equipment, supplies, and property, real or personal, held pursuant to the agreement. The commissioner of elementary and secondary education shall resolve any and all disputes among participating school districts which the governing body is unable to resolve.
(b) Any school district that is a party to a cooperative service agreement may terminate its obligation at the end of any fiscal year by written notice to the commissioner of elementary and secondary education and all other parties, provided that notice is received at least six (6) months before the start of the state’s next ensuing fiscal year.
History of Section. P.L. 1975, ch. 246, § 1.
Nothing in this chapter shall allow any school district to abrogate any agreement reached by collective bargaining.
History of Section. P.L. 1975, ch. 246, § 1.
Notwithstanding the provisions of any general or special law to the contrary, the school committees of the towns of Middletown, Portsmouth, Tiverton, and Little Compton are authorized and empowered to continue their cooperative efforts to provide special education programs and diagnostic services required by law or regulation, and related functions, through participation in the Newport County regional special education program and, for that purpose, to assign and delegate to their respective school committee chairs or designee or superintendents of schools or designee, acting as a regional board duties, responsibilities, and powers as the committees may deem necessary or desirable for the conduct, administration, and management of the regional special education program. In matters pertaining to the regional special education program, the regional board shall constitute and act as the school board referred to in chapter 24 of this title.
History of Section. P.L. 1979, ch. 310, § 1; P.L. 2003, ch. 433, § 1.
(a) Notwithstanding the provisions of any general or special law to the contrary, the school committees of the cities and towns of Lincoln, Cumberland, Pawtucket, Central Falls, Woonsocket, Smithfield, North Smithfield, North Providence, Johnston, Foster, Glocester, Foster-Glocester regional school district, and Burrillville are authorized and empowered to continue and/or initiate cooperative efforts to provide special education programs and diagnostic services required by law or regulation, to utilize technology, including without limitation television, to provide limited interest curriculum, and to provide programs for the gifted and talented, all on a collaborative basis. The various school committees may assign and delegate to their respective school committee chairs or designee or superintendents of schools or designee, acting as a regional board, any duties, responsibilities, and powers that the committees may deem necessary for the conduct, administration, and management of the regional center collaborative of northern Rhode Island.
(b) The Northern Rhode Island Collaborative, as a nonprofit corporation, shall have all the powers provided in the R.I. Nonprofit Corporation Act (RI Gen. Laws § 7-6-1, et seq.):
(1) To purchase, take, receive, lease, take by gift, or otherwise acquire, own, hold, mortgage, finance, improve, and use a certain parcel of realty and fixtures thereon located at 300 George Washington Highway, Smithfield, Rhode Island, and any parcels of realty contiguous thereto.
(2) To create a wholly-owned subsidiary entity for the purpose of facilitating any of the powers, duties and responsibilities referred to above.
History of Section. P.L. 1986, ch. 515, § 1; P.L. 2003, ch. 433, § 1; P.L. 2007, ch. 353, § 1; P.L. 2007, ch. 471, § 1; P.L. 2013, ch. 501, § 17.
Notwithstanding the provisions of any general or special law to the contrary, the school committees of the towns and school districts of Westerly, New Shoreham, Chariho regional school district, Narragansett, Jamestown, South Kingstown, North Kingstown, East Greenwich, and the Exeter-West Greenwich regional school district are authorized and empowered to continue and/or initiate cooperative efforts to provide services included but not limited to special education programs and diagnostic services required by law or regulation; to utilize technology without restriction; to provide limited interest curriculum; and to provide programs for the gifted and talented, all on a collaborative basis. The intent of the regional collaborative is to provide the opportunity for all children to receive educational services locally. The various school committees may assign and delegate to their respective school committee chairs or designee or superintendents of schools or designee, acting as a regional board, any duties, responsibilities and powers that the committees may deem necessary for the conduct, administration, and management of the regional collaborative — southern Rhode Island. A bylaw committee shall be named by the commission to study the feasibility of creating a south county regional network center to provide multiple services for students with disabilities. The committee’s membership should consist of three (3) special education directors, three (3) superintendents, three (3) parents, and two (2) other interested persons from the participating towns and school districts and any other person that the governing regional board may deem necessary. This regionalized collaborative shall enjoy any regionalized bonus aid wherever applicable to collaboratives or cooperative service areas.
History of Section. P.L. 1988, ch. 620, § 1; P.L. 1991, ch. 420, § 1; P.L. 1999, ch. 83, § 23; P.L. 1999, ch. 130, § 23; P.L. 2001, ch. 86, § 28; P.L. 2003, ch. 433, § 1.
Notwithstanding the provisions of any general or special law to the contrary, the school committees of the towns and school districts of West Warwick, Providence, Warwick, Coventry, Cranston, Scituate, Foster-Glocester regional school district, Foster, and Glocester are authorized and empowered to study and/or continue and/or initiate cooperative efforts to provide services included but not limited to special education programs and diagnostic services required by law or regulation; to utilize technology without restriction; to provide limited interest curriculum; and to provide programs for the gifted and talented, all on a collaborative basis in an effort to improve efficiency and cost effectiveness. The intent of the regional collaborative is to provide the opportunity for all children to receive educational services locally. The various school committees may assign and delegate to their respective school committee chairs or designee or superintendents of schools or designee, acting as a regional board any duties, responsibilities and powers that the committees may deem necessary for the conduct, administration and management of the regional collaborative — West Bay Rhode Island.
History of Section. P.L. 1990, ch. 306, § 1; P.L. 2003, ch. 433, § 1.
(a) Notwithstanding the provisions of any general or special law to the contrary, the school committees of the cities and towns of Barrington, Bristol, East Providence, Little Compton, Middletown, Newport, Portsmouth, Tiverton, and Warren are authorized and empowered to continue and/or initiate cooperative efforts to provide educational programs and/or services on a collaborative basis. The various school committees may assign and delegate to their respective school committee chairs or designee or superintendents of schools or designee, acting as a regional board of directors, any duties, responsibilities, and powers that the committees may deem necessary for the conduct, administration, and management of the East Bay Educational Collaborative.
(b) Notwithstanding the above enumerated powers, duties and responsibilities referred to above and in chapter 3.1 of this title, the East Bay Educational Collaborative, as a nonprofit corporation incorporated pursuant to the R.I. Nonprofit Corporation Act (RI Gen Laws § 7-6-1, et seq.), shall have the authority to:
(1) Purchase, take, receive, lease, take by gift, devise, or bequest, or otherwise acquire, own, hold, improve, use and otherwise deal in and with real estate, including their current site location, to wit, 317 Market Street, Warren, Rhode Island, or such other site as meets the administrative and/or operational needs of the East Bay Educational Collaborative, subject to the approval of five (5) of the eight (8) school committees of the member districts of the collaborative or a majority of the school committees that are members of the collaborative at the time.
(2) Sell, convey, mortgage, finance, bond, lend, lease, exchange, transfer, and otherwise dispose of all or any part of its property and assets, both real or personal, subject to the approval of five (5) of the eight (8) school committees of the member districts of the collaborative or a majority of the school committees that are members of the collaborative at the time.
History of Section. P.L. 1989, ch. 173, § 1; P.L. 2003, ch. 433, § 1; P.L. 2005, ch. 213, § 1; P.L. 2005, ch. 373, § 1; P.L. 2013, ch. 501, § 17.
Notwithstanding the provisions of any general or special law to the contrary, the school committees of the cities of Providence, Pawtucket, East Providence, Central Falls and other Rhode Island school districts as may be approved for inclusion by existing member districts in accordance with collaborative bylaws are authorized and empowered to continue and/or initiate cooperative efforts to provide alternate education programs and/or diagnostic services required by law or regulation for students achieving limited success in traditional settings and to do all things necessary including, but not limited to utilization of technology, including television, all on a collaborative basis. The various school committees may assign and delegate to their respective school committee chairs or designee or superintendents of schools or designee, acting as a regional board any duties, responsibilities, and powers that the committees may deem necessary for the conduct, administration, and management of the urban collaborative. Beginning on July 1, 2013 the urban collaborative shall be funded pursuant to the provisions of § 16-7.2-3. The state share of the permanent foundation education aid shall be paid directly to the urban collaborative pursuant to the provisions of § 16-7.2-7. The local school district shall transfer the difference between the calculated state share of the permanent foundation education aid and the amount calculated pursuant to the provisions of § 16-7.2-7 to the urban collaborative, until the transition of the state share is complete. In addition, the local school district shall pay the local share of education funding to the urban collaborative as outlined in § 16-7.2-5.
The urban collaborative shall be eligible to receive other aids, grants, Medicaid revenue, and any other revenue according to Rhode Island law, as though it were a school district. Federal aid received by the state shall be used to benefit students in the urban collaborative, if the school qualifies for the aid, as though it were a school district.
History of Section. P.L. 1989, ch. 173, § 1; P.L. 1999, ch. 28, § 1; P.L. 1999, ch. 194, § 1; P.L. 2003, ch. 433, § 1; P.L. 2012, ch. 241, art. 12, § 9; P.L. 2013, ch. 270, § 1; P.L. 2013, ch. 352, § 1.
[Repealed]
History of Section. P.L. 1989, ch. 173, § 1; Repealed by P.L. 2001 ch. 86, § 29, effective July 6, 2001.
Any collaborative established under this chapter shall implement a uniform system of accounting in compliance with § 16-2-9.3 to track their expenditures and investments and file a report on said expenditures and investments by October 1, of each year, with the Rhode Island board of regents for elementary and secondary education, the office of the auditor general, the Rhode Island senate committee on education and finance, the Rhode Island house of representatives committee on health, education and welfare and finance and local school committees. Each collaborative shall also file periodic reports, to the board of regents, the senate education committee and the house health, education and welfare committee, detailing their activities and programs.
History of Section. P.L. 2003, ch. 433, § 2; P.L. 2008, ch. 149, § 2; P.L. 2008, ch. 192, § 2.
This chapter shall be known and may be cited as the “Cooperative Service Among School Districts Act of 2010.”
History of Section. P.L. 2010, ch. 86, § 1; P.L. 2010, ch. 108, § 1.
(a) A collaborative approach to the dual mission of educational effectiveness and business efficiency is the purpose of this educational collaborative act. The goal is to maximize both educational effectiveness and business services which will lead to cost savings. The educational collaborative system will allow school districts to more appropriately concentrate on educating at the most local level, which should be their prime mission. This system can be defined as including not only the regional educational collaboratives and their boards, local district school committees and district superintendents, operating as private, nonprofit educational service agencies, but also the board of regents and the commissioner of the Rhode Island department of elementary and secondary education.
(b) As used herein, the terms “collaborative,” “educational collaborative,” “regional collaborative,” and combinations thereof, shall be deemed to refer to the collaboratives established pursuant to this chapter, and recognized as 501(c)3 nonprofit corporations incorporated pursuant to the Rhode Island Nonprofit Corporation Act, Rhode Island general laws § 7-6-1, et seq. Nothing in this legislation is intended to erode the legal status of the regional collaboratives as 501(c)3’s and their boards of directors must be cognizant to their legal and fiduciary responsibilities to these enterprises.
(c) The purpose of this act is also to bring the efforts of the members of the educational collaborative system, listed in subsection (a) above, into appropriate and productive dialogue and relationship with one another, in order to bring about the business efficiencies and quality instructional practice the legislature desires.
History of Section. P.L. 2010, ch. 86, § 1; P.L. 2010, ch. 108, § 1.
The board of regents for elementary and secondary education may provide for special grants that it may deem necessary to stimulate and encourage the development of cooperative service agreements that would be administered by the area educational collaborative. The regents may also establish an ongoing level of subsidy that it deems appropriate to continue the operation of any cooperative service area.
History of Section. P.L. 2010, ch. 86, § 1; P.L. 2010, ch. 108, § 1.
(a) The board of regents for elementary and secondary education shall adopt rules and regulations regarding all aspects of the educational collaboratives mission and goals.
(b) Instructional education programs and/or administrative and/or best business practice plans will be submitted to, and approved by, the commissioner of elementary and secondary education.
(c) Each educational collaborative will submit a plan to the board of regents for approval by the commissioner of elementary and secondary education, that will increase efficiencies and economies of scale in providing instructional services. The plan will incorporate best practices from business, reflect a regional approach and accompanying volume increase, and shall include, but not be limited to, measures concerning:
(1) Teacher training programs and staff development;
(2) Special education programs and diagnostic services required by law or regulation and related functions;
(3) Programs for the gifted and talented;
(4) Programs for students who are at risk of suspension or expulsion;
(5) Development of shared instructional services;
(6) Act as regional or statewide administrative unit, or enabling unit, or as a participant of a joint purchasing agreement or agreements established pursuant to § 16-2-9.2, for such functions as transportation, cooperative purchasing of food, and other noninstructional support services, such as the purchasing of oil, gas, electricity, health care contracts, supplies, payroll and other business operations, as may be appropriate;
(7) Any other consolidation of services and purchasing that achieves efficiencies and cost savings.
(d) An educational collaborative may contract with a school district that is not a participating member, or another educational collaborative. Districts may contract any of their functions, individually and collectively, in whole or in part, to a regional collaborative when such contracting will increase efficiencies and economies of scale in providing instructional and business services.
(e) The board of regents should consider the progress made or planned as reported and provide for special grants to stimulate the formation of cooperative service arrangements, or a level of subsidy appropriate to launch or continue the operation of any cooperative service area.
History of Section. P.L. 2010, ch. 86, § 1; P.L. 2010, ch. 108, § 1.
Each educational collaborative’s board of directors will set policies and programs consistent with the aims and intents of this legislation for approval by the department of education and developed in conjunction with educational collaborative staff. Each participating school committee will appoint one member to the respective governing board. The board of directors will include an odd number of members. In the case of educational collaboratives with an even number of participating school districts, regional school districts may appoint two (2) members. School committees can appoint anyone they choose to the board of directors from their membership.
History of Section. P.L. 2010, ch. 86, § 1; P.L. 2010, ch. 108, § 1.
Nothing in this chapter shall allow any school district to abrogate any agreement reached by collective bargaining.
History of Section. P.L. 2010, ch. 86, § 1; P.L. 2010, ch. 108, § 1.
Nothing in this chapter shall limit any of the five (5) educational collaboratives from purchasing, leasing, taking by gift, or otherwise acquiring, own, hold, mortgage, finance, improve, and use real estate for purposes of furthering their mission and goals to meet their administrative and operational needs. An affirmative majority of the educational collaborative’s board of directors will be needed to purchase, lease, mortgage or finance real estate. Such real estate may be exempt from local property taxes as described in Rhode Island general laws § 44-3-3.
History of Section. P.L. 2010, ch. 86, § 1; P.L. 2010, ch. 108, § 1.
(a) Notwithstanding the provisions of any general or special law to the contrary, the school committees of the cities of Providence and Central Falls are authorized and empowered to initiate and implement cooperative efforts, including, but not limited to, collaborative use of technology, to provide an alternative, diploma-granting secondary education program to be known as the YouthBuild Preparatory Academy (hereinafter “academy”) for their respective resident students ages fourteen (14) to twenty-one (21) who are achieving limited success in traditional settings.
(1) The purpose of this section is to further enable the school committees of the cities of Providence and Central Falls:
(i) To support students at risk of school failure, with a special focus on the diverse needs of urban students, to create an environment for individual growth, and to cultivate social and emotional development;
(ii) To offer a rigorous and relevant standards-driven, experiential learning community, and to provide college and career preparatory education based on guided, project-based core curriculum with an emphasis on education, human services, and community development; and
(iii) To provide an alternative learning environment for disconnected and at-risk students desiring to complete their academic careers in a setting that offers comprehensive support services, accelerated academic curriculum, leadership development, and life skills that will enable them to become resilient, self-sufficient adults.
(2) The YouthBuild Preparatory Academy shall be operated under the provisions of this chapter. Students attending the YouthBuild Preparatory Academy will do so on a full-time basis with the costs for their education at the academy being shared by the state and the district of residence as described in § 16-7.2-5.
(3) The YouthBuild Preparatory Academy shall be governed by a board of trustees; with the exception of those powers and duties reserved by the commissioner of elementary and secondary education, the board of education, and the school committees of the cities of Providence and Central Falls, the board of trustees shall have the powers and duties of school committees.
(4) Composition of the board of trustees. The board of trustees of the YouthBuild Preparatory Academy shall consist of:
(i) One appointee of the board of trustees of the Central Falls school district;
(ii) One appointee of the school board of the city of Providence; and
(iii) The council on elementary and secondary education shall appoint the remaining members of the board of trustees of the YouthBuild Preparatory Academy with input from the commissioner of elementary and secondary education. Prior to enrolling students, the board of trustees shall present a plan for the governance, administration, and operation of the YouthBuild Preparatory Academy, including the nature and extent of parental, professional educator, and community involvement in the governance and operation of the YouthBuild Preparatory Academy, and the means of ensuring accountability, to the commissioner, the Providence and Central Falls school districts, and the council on elementary and secondary education.
(5) The academy authorized under this section shall be subject to educational and financial standards and reporting as deemed necessary by the department of elementary and secondary education.
(b) The YouthBuild Preparatory Academy shall be eligible to receive other aid, grants, Medicaid revenue, and any other revenue according to Rhode Island law, as though it is a school district. Federal aid received by the state shall be used to benefit students in the YouthBuild Preparatory Academy, if the school qualifies for the aid, as though it is a school district.
History of Section. P.L. 2016, ch. 208, § 1; P.L. 2016, ch. 210, § 1.
As part of the effort to transform education in Rhode Island, the general assembly is committed to developing and supporting strategies that foster cultures of excellence, innovation, and continuous improvement in Rhode Island schools. The general assembly believes that all district schools benefit from effective leadership, strong labor/management collaboration, strong community support and engagement, and the autonomy and flexibility to continuously improve instruction and implement and adopt strategies that meet the needs of their students. The general assembly therefore in this act establishes empowerment schools, which shall remain within a public-school district, under the district leadership of the superintendent and school committee, but which shall be managed collaboratively on site by the principal and the faculty, as an additional opportunity for supporting more high-performing and innovative schools within the Rhode Island system of public education. A school that volunteers to be an empowerment school, as defined in this chapter, shall have unprecedented levels of regulatory and statutory flexibility; school-based autonomy, including autonomy over budget; flexibility in school-based instructional policies and professional practices defined through shared leadership; and be uniquely positioned to create compelling learning environments responsive to increased student and parent/family empowerment. Similarly, in this act, the general assembly establishes the affirmative right for students and their parents/families to enroll in an empowerment school that is different than their assigned school based on residence, in order to seek innovative instructional policies and practices that best match their learning needs, so long as the empowerment school has elected, as part of its empowerment plan, to accept students from other schools within the student’s district of residence.
History of Section. P.L. 2016, ch. 142, art. 11, § 7.
(a) The following entities may be designated as an empowerment school: a school in a public-school district, a school within a school in a public-school district, a career and technical education program within a public-school district, a state school.
(b) Except as otherwise provided in this chapter, all statute regulations, and collective bargaining agreement terms and conditions shall apply to empowerment schools.
(c) Notwithstanding §§ 16-2-9 and 16-2-11, the principal and professional staff of a empowerment school, acting in concert as a school leadership team, shall make decisions regarding the school’s policies and practices, including, but not limited to, curriculum, instructional practices, policies and procedures, calendar and schedule, allocation of resources, staffing, and professional development, consistent with the district collective bargaining agreement and school-based amendments as defined in § 16-3.2-4(f). Leadership teams shall determine methods to document and communicate the latest decisions that emerge through the leadership team process. Noncertified staff, parents, students, and community members may also be members of the school leadership team at the school’s discretion. The principal shall have final authority in all instructional, personnel, managerial, and operational matters, except for those matters expressly delegated to the school leadership team through the participatory leadership process, consistent with the district collective bargaining agreement and school-based amendments as defined in § 16-3.2-4(f).
(d) Students from the district in which the empowerment school is located shall be funded either pursuant to §§ 16-3.2-7 and 16-7.2-5 or, based on mutual, written agreement between the superintendent and the principal of the empowerment school, in accordance with an alternative agreement with the school district.
(e) Teachers and other staff who work in empowerment schools shall maintain their full status as members of their respective bargaining unit and as employees of the district and service in an empowerment school shall not be deemed to be an interruption of service in the school district for purposes of seniority and teachers’ retirement.
(f) Although existing collective bargaining agreements shall apply to an empowerment school, empowerment schools shall be eligible to amend the existing districtwide collective bargaining agreement through an expedited and timely process, subject to approval of the superintendent, district union membership, and school committee. School-based amendments to the districtwide collective bargaining agreement shall be non-precedent setting for future district bargaining or contract administration. In all instances, final approval or non-approval by all parties of school-based amendments to the districtwide collective bargaining agreement shall be made within ninety (90) days of submission of such request.
History of Section. P.L. 2016, ch. 142, art. 11, § 7.
(a) The commissioner of elementary and secondary education shall develop a process for a public school, with the approval of its superintendent and school committee, to be designated as an empowerment school with the duties, responsibilities, and autonomies set forth in this chapter. Said process shall also address the manner in which a school and its school committee can convert an empowerment school back to a traditional public school. No existing public school shall be converted into an empowerment school or back to a traditional public school unless two-thirds (⅔) of the full-time professional staff currently assigned to the eligible entity described in § 16-3.2-4 approve the proposal. The empowerment school application process and timeline shall be determined by the commissioner and include information including, but not limited to, the vision for the empowerment school; the means it will use to improve school performance and student achievement; performance criteria that will be used to measure student learning at least sufficient to participate in the state accountability plan; a plan for the governance, administration, and operation of the empowerment school; whether the school will be funded via §§ 16-3.2-7 and 16-7.2-5 or through an alternative written agreement between the superintendent and the principal of the empowerment school; and the state statutes, state regulations, contract provisions, and school district rules from which variances or waivers are sought in order to facilitate operation of the empowerment school. The application shall include a description of the authority of the principal and how employment decisions of the principal would impact the teacher and staff assignment process within a school district.
In order to facilitate statewide innovation, approved empowerment school plans shall be posted publicly.
(b) Upon deeming an application to be satisfactory, the superintendent and school committee shall transmit its approval of the designation to the commissioner of elementary and secondary education, who shall then register the school as an empowerment school subject to the duties, responsibilities, and autonomies of this chapter.
Nothing in this chapter shall require an empowerment school to include all of the provisions of this chapter in its locally approved plan. In other words, empowerment plans may include only a locally determined subset of the provisions made possible by this chapter.
Nothing in this chapter shall prevent the creation of school-based amendment to the district collective bargaining agreement, as defined in § 16-3.2-4(f), to incorporate all or part of the empowerment plan into the local collective bargaining agreement.
(c) If the designation of an empowerment school is approved by the superintendent and school committee, it shall be authorized to operate for a period of up to three (3) years. The empowerment school plan may be modified as necessary during its period of authorization and may be renewed for increments up to three (3) years utilizing the same process outlined herein for initial designation and registration.
(d) Upon registration of the empowerment school designation by the commissioner of elementary and secondary education, the commissioner shall be deemed to have authorized all necessary variances from statutes and regulations enumerated in the application.
History of Section. P.L. 2016, ch. 142, art. 11, § 7.
(a) Principals of empowerment schools shall be the educational leaders and administrators of their schools and shall supervise the operation and management of their schools and school property. It shall be the responsibility of the principal to promote participatory decision-making among all professional staff for the purposes of developing educational policy and practices. The term professional staff shall include all teachers, administrators, instructional leaders, specialists, and related service providers who are certified by the state as education professionals. Principals employed under this section shall be responsible for recommending the hiring and assigning all teachers and other professional staff, athletic coaches, instructional, or administrative aides and any other personnel assigned to the school and for terminating all such personnel, subject to this chapter and the review and approval of the superintendent. Any assignment to an empowerment school of a teacher previously employed in another school in the district, including, but not limited to, voluntary transfer, involuntary transfer, reduction in force, and recall, shall be subject to the approval of the principal, consistent with the district collective bargaining agreement and school-based amendments as defined in § 16-3.2-4(f). No teacher or staff may be laid-off, suspended, or terminated by a school district who would not otherwise have been laid-off, suspended, or terminated except for an employment decision by an empowerment school principal pursuant to this section.
(b) The principal of the empowerment school shall serve at the pleasure of the superintendent, with the advice and consent of the school committee, through a written contract not to exceed three (3) years.
History of Section. P.L. 2016, ch. 142, art. 11, § 7.
(a) All services, centrally or otherwise, provided by the school district in which the empowerment school is located that the empowerment school decides to utilize, including, but not limited to, financial services, transportation, food services, custodial services, maintenance, curriculum, professional development, media services, libraries, nursing, and warehousing, shall be subject to negotiation between the empowerment school and the school district in which the empowerment school is located and paid for out of the revenues of the empowerment school.
Nothing in this chapter shall prevent empowerment schools from electing to receive the same district services as it did prior to the empowerment school designation.
(b) An empowerment school shall be eligible to receive other aids, grants, Medicaid revenue, and other revenue according to Rhode Island law, as though it were a school district. Federal aid received by the state shall be used to benefit students in the empowerment school, if the school qualifies for the aid, as though it were a school district.
(c) An empowerment school may negotiate and contract directly with third parties for the purchase goods and services, consistent with applicable law.
History of Section. P.L. 2016, ch. 142, art. 11, § 7.
Each empowerment school shall be reviewed by the department of elementary and secondary education on a schedule determined by the commissioner. Based on an evaluation of the empowerment school’s plan, its impact on student achievement, or its impact on the health and welfare of its students or staff, the commissioner may, in extreme circumstances and at any time during the empowerment school’s authorized period of operation, recommend to the council on elementary and secondary education that the empowerment school’s designation and registration, and/or its open-enrollment designation, be revoked. Prior to recommending to the council that a empowerment school’s designation and registration be revoked, the commissioner shall provide the school, superintendent, and school committee with specific notice of the reasons for revocation and grant the school and school committee an opportunity to be heard in accordance with the process set forth in chapter 39 of this title.
History of Section. P.L. 2016, ch. 142, art. 11, § 7.
In addition to federal law and this chapter, the following provisions of this title shall be binding on empowerment schools. Accordingly, school committees may not endorse, nor may the commissioner approve, any request for waiver of the following provisions pursuant to this chapter:
(1) Section 16-2-2 (minimum length of school year);
(2) Section 16-2-17 (right to a safe school);
(3) Section 16-8-10 (federal funds for school lunch);
(4) Section 16-12-3 (duty to cultivate principles of morality);
(5) Section 16-12-10 (immunity for report of suspected substance abuse);
(6) Sections 16-13-2, 16-13-3 (teachers’ tenure)
(7) Section 16-16-2 (teachers’ retirement);
(8) Section 16-19-1 (compulsory attendance);
(9) Section 16-20-1 (school holidays enumerated);
(10) Sections 16-21-3 and 16-21-4 (fire safety);
(11) Sections 16-21-10, 16-21-14, and 16-21-16 (health screenings);
(12) Section 16-22-9 (uniform testing);
(13) Section 16-24-2 (regulations of state board pertaining to children with disabilities);
(14) Section 16-38-1 (discrimination because of race or age);
(15) Section 16-38-1.1 (discrimination because of sex);
(16) Section 16-38-2 (immunizations);
(17) Section 16-38-4 (exclusive clubs);
(18) Section 16-38-6 (commercial activities prohibited);
(19) Section 16-38-9 (misconduct of school officers);
(20) Section 16-38-10 (power of officials to visit schools);
(21) Section 16-39-1 (appeal of matters of dispute to commissioner);
(22) Section 16-39-2 (appeal of school committee actions to commissioner);
(23) Section 16-39-3 (appeal to state board);
(24) Section 16-39-3.1 (enforcement of final decision);
(25) Section 16-39-3.2 (interim protective orders);
(26) Section 16-39-8 (subpoena power of commissioner);
(27) Section 16-40-16 (student records);
(28) Section 16-71-1 (Educational Record Bill of Rights Act);
(29) Section 16-21-21.1 (Penalties for drug, alcohol or weapons offenses);
(30) Chapter 21.5 of title 16 (Student interrogations).
Although waivers for § 16-11-1 (teacher certification) are permissible, consistent with the locally approved plan, teachers in an empowerment school must hold at least one teacher certification, which may be different than the certification associated with their assignment, unless such teacher is assigned to teach in a shortage area, whereby the teacher shall be provided with school-based support and work toward a certification to be awarded within five years of the date of assignment at the empowerment school.
History of Section. P.L. 2016, ch. 142, art. 11, § 7.
The general assembly may annually appropriate funds to support empowerment schools. This appropriation shall be managed by the department of elementary and secondary education.
History of Section. P.L. 2016, ch. 142, art. 11, § 7.
The department of elementary and secondary education shall promulgate such regulations as are necessary to implement fully the purposes of this chapter.
History of Section. P.L. 2016, ch. 142, art. 11, § 7.
The general treasurer with the advice of the governor shall have full power to regulate the custody and safekeeping of the permanent fund for the support of public schools, and, subject to the provisions of chapter 10 of title 35, shall keep the fund securely invested in bonds or notes of the United States, or in bonds of towns or cities within this state, or certificates of deposit, or commercial paper, or in other investments authorized by virtue of § 35-10-6; provided, that the securities in which the fund is invested may remain a part of the fund until exchanged for other securities.
History of Section. G.L. 1896, ch. 30, § 1; G.L. 1909, ch. 40, § 1; P.L. 1922, ch. 2234, § 1; G.L. 1923, ch. 41, § 1; G.L. 1938, ch. 194, § 1; G.L. 1956, § 16-4-1; P.L. 1979, ch. 173, § 1; P.L. 1986, ch. 287, art. 12, § 2.
The money that shall be paid into the state treasury by auctioneers, for duties accruing to the use of the state, is appropriated, and the money shall annually be added to the school fund.
History of Section. G.L. 1896, ch. 30, § 2; G.L. 1909, ch. 40, § 2; G.L. 1923, ch. 41, § 2; G.L. 1938, ch. 194, § 2; G.L. 1956, § 16-4-2.
Whenever any money appropriated to any city or town from the state treasury, for the support of its public schools shall have been forfeited by the city or town, the money shall be added to the school fund, and shall forever remain a part of the school fund.
History of Section. G.L. 1896, ch. 30, § 3; G.L. 1909, ch. 40, § 3; G.L. 1923, ch. 41, § 3; G.L. 1938, ch. 194, § 3; G.L. 1956, § 16-4-3.
[Repealed]
History of Section. G.L. 1896, ch. 30, § 4; G.L. 1909, ch. 40, § 4; P.L. 1922, ch. 2234, § 2; G.L. 1923, ch. 41, § 4; G.L. 1938, ch. 194, § 4; G.L. 1956, § 16-4-4; Repealed by P.L. 1986, ch. 287, art. 12, § 3, effective June 24, 1986.
The income from the fund is appropriated to be used for the promotion and support of public education. The board of regents for elementary and secondary education may adopt rules and regulations for the expenditure of these funds. In expending the income the board shall first consider public school improvement projects and programs whose effects could benefit the public schools of any one or more city, town, or school district in the state. The commissioner of elementary and secondary education shall regularly make recommendations to the board about specific programs and projects to be supported by these funds and the general assembly may make appropriations from the fund principal for educational purposes. Whenever any funds are appropriated for educational purposes, the funds shall be used for educational purposes only and all these state funds must be used to supplement any and all money allocated by a city or town for educational purposes and, in no event, shall state funds be used to supplant, directly or indirectly, any money allocated by a city or town for educational purposes. The commissioner shall oversee the fund, assess the effectiveness of its programs and projects, and make recommendations about the general use and operation of the funds to the board. For the purposes of this section the general treasurer shall continue to hold, subject to expenditure by the board of regents for elementary and secondary education, any part of the income of the fund unexpended.
History of Section. G.L. 1896, ch. 30, § 5; G.L. 1909, ch. 40, § 5; P.L. 1922, ch. 2234, § 3; G.L. 1923, ch. 41, § 5; P.L. 1925, ch. 611, § 1; P.L. 1929, ch. 1342, § 1; P.L. 1932, ch. 1920, § 1; G.L. 1938, ch. 194, § 5; impl. am. P.L. 1951, ch. 2752, § 21; G.L. 1956, § 16-4-5; P.L. 1986, ch. 287, art. 12, § 2; P.L. 1993, ch. 138, art. 77, § 8.
(a) The general assembly shall review the adequacy of the permanent school fund on a regular basis and may make any appropriations to carry out the purposes of this chapter as it deems necessary. In addition, the board of regents for elementary and secondary education is authorized to accept grants and bequests from public and private sources in order to carry out the purposes of this chapter.
(b) It is the intent of the general assembly that the funds necessary to carry out the provisions of this section shall be provided within the annual appropriations act.
History of Section. P.L. 1986, ch. 287, art. 12, § 4; P.L. 1988, ch. 84, § 73.
[Repealed]
History of Section. G.L. 1896, ch. 53, §§ 1-5; P.L. 1898, ch. 544, §§ 3, 46; P.L. 1903, ch. 1101, §§ 5, 6; P.L. 1904, ch. 1147, § 3; G.L. 1909, ch. 65, §§ 1-5; ch. 66, §§ 9, 10; ch. 74, §§ 2, 3, 5; P.L. 1909, ch. 446, § 1; P.L. 1910, ch. 545, § 1; P.L. 1912, ch. 845, §§ 1-4; P.L. 1914, ch. 1098, § 1; P.L. 1915, ch. 1234, § 1; P.L. 1918, ch. 1654, §§ 1, 2; P.L. 1919, ch. 1725, § 2; P.L. 1921, ch. 2055, § 1; P.L. 1922, ch. 2234, §§ 8, 9, 17; G.L. 1923, ch. 67, §§ 1-5; ch. 68, §§ 1-5; ch. 70, §§ 8, 9; ch. 81, §§ 2, 3, 8; P.L. 1925, ch. 594, § 1; P.L. 1925, ch. 597, § 1; P.L. 1925, ch. 598, § 1; P.L. 1926, ch. 775, § 1; P.L. 1935, ch. 2250, § 149; P.L. 1936, ch. 2375, §§ 1, 2; G.L. 1938, ch. 178, §§ 8, 9; ch. 192, §§ 1-5; ch. 93, §§ 1-4; ch. 197, §§ 2, 3, 5, 8; P.L. 1939, ch. 659, § 2; P.L. 1940, ch. 825, § 1; G.L. 1956, §§ 16-5-1 — 16-5-17; Repealed by P.L. 1960, ch. 27, § 12.
Funds shall be provided to the state board of regents for elementary and secondary education for vocational education for:
(1) Establishment of a program for the training of practical nurses in the Woonsocket area.
(2) After the establishment of a program for the training of practical nurses in the Woonsocket area, the existing facilities of the Providence program for the metropolitan area shall be expanded.
(3) After the establishment of a program for the training of practical nurses in the Woonsocket area, and after the existing facilities of the Providence program for the metropolitan area have been expanded, the present program shall be extended to those other areas of the state where the need is evident.
(4) The acceleration of the recruitment program for applicants for the practical nurse training program.
History of Section. P.L. 1956, ch. 3764, § 1; G.L. 1956, § 16-5-18.
[Repealed]
History of Section. G.L. 1896, ch. 53, §§ 7-9; P.L. 1898, ch. 540, § 1; G.L. 1909, ch. 65, §§ 7-9; P.L. 1916, ch. 1348, § 1; G.L. 1923, ch. 67, §§ 6-8; P.L. 1925, ch. 595, § 1; P.L. 1935, ch. 2250, § 149; G.L. 1938, ch. 192, §§ 6-8; G.L. 1956, §§ 16-5-19 — 16-5-21; Repealed by P.L. 1960, ch. 27, § 12.
The general assembly shall annually appropriate any sum as it may deem necessary for the support and maintenance of public evening schools in the several cities or towns of the state, to be apportioned by the board of regents for elementary and secondary education for the support of the schools as may be approved by the board; and the state controller is authorized and directed to draw his or her orders for the payment of the sum, or so much of the sum as shall be required, on vouchers approved by the department of elementary and secondary education.
History of Section. G.L. 1896, ch. 53, § 10; G.L. 1909, ch. 65, § 10; G.L. 1923, ch. 67, § 9; P.L. 1925, ch. 596, § 1; P.L. 1935, ch. 2250, § 149; G.L. 1938, ch. 192, § 9; impl. am. P.L. 1939, ch. 660, § 65; impl. am. P.L. 1951, ch. 2752, § 21; G.L. 1956, § 16-5-22.
[Repealed]
History of Section. G.L. 1923, ch. 81, §§ 9-11; P.L. 1936, ch. 2375, § 4; G.L. 1938, ch. 81, § 11; G.L. 1938, ch. 197, §§ 9-11; P.L. 1939, ch. 691, § 1; P.L. 1943, ch. 1275, § 1; P.L. 1944, ch. 1501, §§ 1, 2; G.L. 1956, §§ 16-5-23 — 16-5-27; Repealed by P.L. 1960, ch. 27, § 12.
The commissioner of elementary and secondary education may, for violation or neglect of law or for violation or neglect of rules and regulations in pursuance of law by any city or town or city or town officer or school committee, or for nonpayment of tuition owed by one community to another including but not limited to those children in state custody, vocational education, or special education, order the general treasurer to withhold the payment of any portion of the public money that has been or may be apportioned to the city or town; and the general treasurer upon the receipt in writing of the order shall hold the public money due the city or town until the time as the commissioner by writing requests the withheld funds for the purposes of eliminating the violation or neglect of law or regulation that caused the order to be issued, or the commissioner of elementary and secondary education shall notify the treasurer that the city or town has complied with the order as the department of elementary and secondary education shall make in the premises, in which case payment shall be made to the town immediately. If the violation is for nonpayment of tuition and it has been determined by the commissioner that the tuition is owed, then the commissioner shall, subject to the debtor community’s right to appeal to the superior court, order the general treasurer to deduct the amount owed from the debtor community’s school aid and to pay the community which is owed the tuition. The board of regents for elementary and secondary education shall report to the general assembly annually all infractions of school law which shall be brought to its attention, with a record of this action as the department shall have taken in each instance.
History of Section. G.L., ch. 63, § 5; P.L. 1922, ch. 2234, § 4; G.L. 1923, ch. 65, § 5; G.L. 1938, ch. 176, § 2; impl. am. P.L. 1951, ch. 2752, §§ 8, 10, 21; G.L. 1956, § 16-5-30; P.L. 1988, ch. 336, § 8; P.L. 1996, ch. 100, art. 22, § 6.
Any community that does not comply with the provisions of §§ 16-21-7, 16-21-9, 16-21-12, 16-21-14, and 16-38-2 shall be subject to the penalty provided in § 16-5-30.
History of Section. P.L. 1961, ch. 133, § 7.
(a) There is created an educational improvement block grant.
(b) The dollar equivalents resulting from the difference in the statewide local tax rate as defined in § 16-7-19(a) and (b), and as divided in § 16-7-19(c), may be expended for any of the purposes set forth below:
(1) Providing preschool programs, of at least one-half (½) day’s duration, for four (4) year old children who are at risk of school failure;
(2) Providing parent education programs including the provision of resource materials on home learning activities, private and group educational guidance, individual and group learning experiences for the parent and child, and other activities that enable the parent to improve learning in the home;
(3) Reducing class size with the ultimate goal of an average pupil/teacher ratio of 15-1 in grades pre-kindergarten through three (3); and
(4) Providing full day kindergarten programs with first priority given to children who are at risk of school failure.
(c) Education improvement block grant funds shall be allocated to every community in the proportion to which each community’s share bears to the total state share as computed under § 16-7-19(a) and as further adjusted by minimum share and regional school district provisions as provided for in § 16-7-20. In order to be eligible to obtain funds provided in this section a school district must submit, for the commissioner’s approval, an application which clearly and specifically describes how the funds will be used for the purposes intended.
(d) The commissioner of elementary and secondary education shall establish and promulgate regulations for the purpose of carrying out the intent of this section. Funds granted under this section shall not be used by districts to supplant local funds. School districts may carry over to the next fiscal year a maximum of fifteen percent (15%) of their allocation.
History of Section. P.L. 1960, ch. 27, § 9; P.L. 1985, ch. 182, §§ 3, 4; P.L. 1986, ch. 198, § 8; P.L. 1988, ch. 336, § 8; P.L. 2001, ch. 86, § 30.
(a) There is created a fund of three million dollars ($3,000,000) for the purposes set forth below:
(1) Two hundred fifty thousand dollars ($250,000) shall be used to make competitive grant awards to local school districts for exemplary dropout prevention programs;
(2) One hundred thousand dollars ($100,000) shall be used to establish training programs for parents, with special emphasis on parents of preschool children, and to make competitive grant awards to local school districts for exemplary parent involvement programs;
(3) One hundred thousand dollars ($100,000) shall be used for school committee and administrator training;
(4) Two hundred fifty thousand dollars ($250,000) shall be used to make competitive grant awards to local school districts which develop exemplary school site management programs;
(5) One million dollars ($1,000,000) shall be prorated among local school districts on the basis of their 1987-88 entitlement under § 16-7-20 to fund grants to further the literacy focus in instruction in kindergarten through grade three (3) for all students and supplementary literacy instruction for educationally disadvantaged students in grades kindergarten through twelve (12);
(6) Two hundred fifty thousand dollars ($250,000) shall be used to establish a statewide screening program for all children just entering school;
(7) Three hundred thousand dollars ($300,000) for use by the commissioner of elementary and secondary education to implement recommendations of the task force to study the governor’s 1991 report on education;
(8) Five hundred thousand dollars ($500,000) shall be used for vocational education in accordance with § 16-45-7; and
(9) Two hundred fifty thousand dollars ($250,000) will be used to establish and expand programs in area vocational schools.
(b) All grant money received by a local school district from this fund will be ineligible for reimbursement under the school operations aid program. Funds, with the exception of subsection (a)(8), may not be used to supplant funding for existing programs and activities.
(c) The commissioner of elementary and secondary education shall promulgate any rules and regulations as he or she shall deem necessary for the operation of the education excellence fund. The decision of the commissioner of elementary and secondary education shall be final on all questions regarding grants.
History of Section. P.L. 1987, ch. 581, § 1; P.L. 1988, ch. 84, § 1.
There is created and established a program to be known as the “education partnership program.” The commissioner of elementary and secondary education is authorized to accept grants and bequests from public and private sources with the approval of the director of administration which shall be deposited as general revenues. In order to carry out the purposes of grants and bequests the commissioner shall oversee the appropriated funds, adopt rules and regulations for the expenditure of these funds, and assess the effectiveness of its programs and projects. The state controller is directed to draw his or her orders upon the general treasurer for the payment of the sum, or so much of the sum as may be required upon receipt by the controller of vouchers duly authenticated by the commissioner.
History of Section. P.L. 1988, ch. 336, § 9; P.L. 1995, ch. 70, art. 40, § 43.
[Repealed]
History of Section. P.L. 2006, ch. 264, § 1; P.L. 2006, ch. 298, § 1; Repealed by P.L. 2010, ch. 23, art. 13, § 4.
[Repealed]
History of Section. P.L. 1947, ch. 1887, art. 9, part 1, § 2; P.L. 1948, ch. 2131, § 1; G.L. 1956, §§ 16-6-3 — 16-6-6; Repealed by P.L. 1960, ch. 27, § 12.
[Repealed]
History of Section. P.L. 1955, ch. 3419, §§ 1-5, 7, 8; G.L. 1956, §§ 16-7-1 — 16-7-14; R.P.L. 1957, ch. 68, §§ 1, 2; Repealed by P.L. 1960, ch. 27, § 12.
The purpose of §§ 16-7-15 to 16-7-34 is to provide a quality education for all Rhode Island youth by requiring a minimum per pupil expenditure level, by encouraging school committees to provide superior education beyond this minimum, by identifying fiscal responsibilities of school committees, by further improving the efficiency of our school systems through encouraging small school districts to combine into larger, more efficient regionalized units, and by incorporating the many various state aids into one comprehensive program.
History of Section. P.L. 1960, ch. 27, § 1.
The following words and phrases used in §§ 16-7-15 to 16-7-34 have the following meanings:
(1) “Adjusted equalized weighted assessed valuation” means the equalized weighted assessed valuation of a community as determined by the department of revenue or as apportioned by the commissioner pursuant to the provisions of § 16-7-21.
(2)(i) “Average daily membership” means the average number of pupils in a community during a school year as determined pursuant to the provisions of § 16-7-22, less any students who are served in a program operated by the state and funded through the permanent foundation education aid formula pursuant to chapter 7.2 of this title.
(ii) For FY 2022, “average daily membership” means the greater of the average number of pupils in a community during a school year as determined pursuant to the provisions of § 16-7-22 in March 2020 or March 2021, less any students who are served in a program operated by the state and funded through the permanent foundation education aid formula pursuant to chapter 7.2 of this title. State aid to charter public schools, Davies, and the Met Center shall be determined based on the districts of residence in whichever year had the greater total average daily membership.
(A) For the purposes of determining the number of students in poverty, the department shall divide the average daily membership of students reported as living in poverty in each district of residence by the total average daily membership of students enrolled in the district of residence in both March 2020 and March 2021. The greater percentage shall be applied to the average daily membership used in the calculation of foundation education aid. For charter public schools, Davies, and the Met Center, the average daily membership of students reported as living in poverty shall be consistent with March 2020 or March 2021, whichever year had the greater total average daily membership.
(B) If the average daily membership in March 2020 is greater for any given community than in March 2021, the number of pupils shall be reduced by the number of students attending new or expanding charter schools in FY 2022.
(iii) For FY 2023, “average daily membership” means the greater of the average number of pupils in a community during a school year as determined pursuant to the provisions of § 16-7-22 in March 2020, March 2021, or March 2022, less any students who are served in a program operated by the state and funded through the permanent foundation education aid formula pursuant to chapter 7.2 of this title. State aid to charter public schools, Davies, and the Met Center shall be determined based on the districts of residence in whichever year had the greater total average daily membership.
(A) For the purposes of determining the number of students in poverty, the department shall divide the average daily membership of students reported as living in poverty in each district of residence by the total average daily membership of students enrolled in the district of residence in March 2020, March 2021, and March 2022. The greater percentage shall be applied to the average daily membership used in the calculation of foundation education aid. For charter public schools, Davies, and the Met Center, the average daily membership of students reported as living in poverty shall be consistent with March 2020, March 2021, or March 2022, whichever year had the greater total average daily membership.
(B) If the average daily membership in March 2020 is greater for any given community than in March 2021 and March 2022, the number of pupils shall be reduced by the number of students attending new or expanding charter schools in FY 2022 and FY 2023.
(C) If the average daily membership in March 2021 is greater for any given community than in March 2022, the number of pupils shall be reduced by the number of students attending new or expanding charter schools in FY 2023.
(iv) Notwithstanding subsection (2)(iii) above, for FY 2023 only, for any local education agency in which the calculation of aid under subsection (2)(i) of this section and § 16-7-20(a) would be greater than the calculation of aid under subsection (2)(iii) of this section, such local education agency shall receive an additional appropriation equivalent to twenty percent (20%) of the difference in aid that would have been received under subsection (2)(i) of this section. The additional appropriation shall be as follows:
Barrington - $302,169
East Greenwich - $148,478
Exeter - $106,335
North Smithfield - $30,508
Richmond - $502
Smithfield - $75,374
Beacon Charter School - $22,731
Blackstone Academy - $11,212
Village Green Charter School - $1,073
Davies Career and Technical School - $2,808
(3) “Basic education program” means the cost of education of resident pupils in grades twelve (12) and below in average daily membership for the reference year as determined by the mandated minimum program level.
(4) “Certified personnel” means all persons who are required to hold certificates issued by or under the authority of the council on elementary and secondary education.
(5) “Community” means any city, town, or regional school district established pursuant to law and/or the department of children, youth and families; provided, however, that the department of children, youth and families shall not have those administrative responsibilities and obligations as set forth in chapter 2 of this title; provided, however, that the member towns of the Chariho regional high school district, created by P.L. 1958, ch. 55 as amended, shall constitute separate and individual communities for the purpose of determining and distributing the foundation level school support including state aid for noncapital excess expenses for the special education of children with disabilities provided for in § 16-24-6 for all grades financed in whole or in part by the towns irrespective of any regionalization and any school operated by the state department of elementary and secondary education.
(6) “Department of children, youth and families” means that department created pursuant to chapter 72 of title 42. For purposes of this section, §§ 16-7-20, 16-24-2, and 42-72-5(b)(22), “children” means those children who are placed, assigned, or otherwise accommodated for residence by the department of children, youth and families in a state operated or supported community residence licensed by a state agency and the residence operates an educational program approved by the department of elementary and secondary education.
(7) “Equalized weighted assessed valuation” means the equalized weighted assessed valuation for a community as determined by the division of property valuation pursuant to the provisions of § 16-7-21.
(8) “Full time equivalency students” means the time spent in a particular activity divided by the amount of time in a normal school day.
(9) “Incentive entitlement” means the sum payable to a local school district under the formula used.
(10) “Mandated minimum program level” means the amount that shall be spent by a community for every pupil in average daily membership as determined pursuant to the provisions of § 16-7-18.
(11) “Reference year” means the next year prior to the school year immediately preceding that in which the aid is to be paid. For the purposes of calculating the permanent foundation education formula aid as described in § 16-7.2-3, the reference date shall be one year prior to the year in which aid is paid.
(12) “Regularly employed” and “service” as applied to certified personnel have the same meaning as defined in chapter 16 of this title.
History of Section. P.L. 1960, ch. 27, § 2; P.L. 1961, ch. 93, § 2; P.L. 1967, ch. 160, § 2; P.L. 1968, ch. 170, § 2; 1975, ch. 260, art. 4, § 1; P.L. 1980, ch. 264, § 1; P.L. 1981, ch. 367, § 1; P.L. 1983, ch. 134, § 1; P.L. 1986, ch. 526, § 2; P.L. 1988, ch. 84, § 74; P.L. 1988, ch. 336, § 10; P.L. 1989, ch. 126, art. 39, § 1; P.L. 1989, ch. 490, § 1; P.L. 1990, ch. 487, § 1; P.L. 1998, ch. 68, § 1; P.L. 1999, ch. 83, § 24; P.L. 1999, ch. 130, § 24; P.L. 2006, ch. 246, art. 38, § 3; P.L. 2010, ch. 124, § 1; P.L. 2010, ch. 125, § 1; P.L. 2021, ch. 162, art. 10, § 1, effective July 6, 2021; P.L. 2022, ch. 231, art. 10, § 1, effective June 27, 2022.
There shall be paid by the state to each community in twelve (12) monthly installments an amount as determined by law to be the state’s share of the cost of the basic program for the reference year and all approved expenditures in excess of the basic program for the reference year; provided, however, that these payments to a community shall be reduced by the amount of funds deposited by the department into the local education agency EPSDT account in accordance with § 40-8-18 on behalf of the community. The July payment shall be two and fifty-four hundredths percent (2.54%) of the state’s share based upon the estimated pupil data, valuation data, and expenditure data for the reference year and the August through June payments shall each be eight and eighty-six hundredths percent (8.86%) of the aid due and payable based upon the data for the reference year. This payment schedule of twelve (12) monthly installments shall also apply to the city of East Providence, notwithstanding any provisions to the contrary contained in P.L. 2012, ch. 241, art. 12, § 5.
History of Section. P.L. 1960, ch. 27, § 3; P.L. 1982, ch. 344, art. 7, § 1; P.L. 1991, ch. 6, art. 20, § 1; P.L. 1991, ch. 44, art. 46, § 1; P.L. 1992, ch. 289, § 2; P.L. 1992, ch. 399, § 2; P.L. 1992, ch. 133, art. 79, § 1; P.L. 2001, ch. 86, § 31; P.L. 2012, ch. 241, art. 12, § 5; P.L. 2024, ch. 117, art. 8, § 2, effective June 17, 2024; P.L. 2024, ch. 382, § 1, effective June 26, 2024; P.L. 2024, ch. 383, § 1, effective June 26, 2024.
The mandated minimum program level shall be determined annually by the board of regents for elementary and secondary education upon recommendation of the commissioner.
History of Section. P.L. 1960, ch. 27, § 4.
(a) The standard local tax rate required to support the basic program shall be forty percent (40%).
(b) The statewide local tax rate to be used in calculating each community’s share under § 16-7-20 shall be fifty percent (50%).
(c) Fifty percent (50%) of the difference resulting from the difference between the rate presented in subsection (a) and the rate presented in subsection (b) shall be used in accordance with § 16-5-31 and fifty percent (50%) of the difference shall be allocated annually by the general assembly, upon recommendation of the commissioner and the board of regents for elementary and secondary education, for one or more of the programs listed in § 16-69-2.
(d) The state controller is authorized and directed to draw his or her order upon the general treasurer for the payment of those sums or any portions of those sums as may be required from time to time upon receipt by the controller of properly authenticated vouchers.
(e) If the sums appropriated are not sufficient to implement subsections (a), (b), and (c) of this section, then the amount appropriated shall first be utilized to implement subsection (b) of this section. If the sums are not sufficient, then the amount shall be ratably reduced. Amounts remaining after full funding of subsection (b) of this section shall be apportioned among school districts for the purpose of subsection (c) of this section.
History of Section. P.L. 1960, ch. 27, § 5; P.L. 1964, ch. 242, art. 7, § 1; P.L. 1967, ch. 160, § 3; P.L. 1980, ch. 152, § 5; P.L. 1984, ch. 245, art. XII, § 1; P.L. 1985, ch. 182, §§ 5, 6; P.L. 1988, ch. 84, § 84; P.L. 1988, ch. 336, § 10; P.L. 1989, ch. 126, art. 35, § 1; P.L. 1990, ch. 65, art. 31, § 1; P.L. 1991, ch. 6, art. 21, § 1; P.L. 1991, ch. 44, art. 39, § 1; P.L. 1992, ch. 133, art. 43, § 1; P.L. 1994, ch. 70, art. 15, § 1; P.L. 2001, ch. 86, § 31.
(a) Any school committee in a municipality, or regional school district with an elected school committee, may by resolution to the retirement board, and the chief executive officer in any municipality with an appointed school committee may by order to the retirement board, as a result of a bargaining agreement with its teacher employees, accept an incentive plan to provide supplemental payments for teachers who are eligible for a service retirement allowance at the time they retire, or who become eligible for a service retirement allowance subsequent to their retirement, as follows: As an incentive to retire, the school committee shall grant no later than thirty (30) days following retirement a lump sum payment not to exceed one hundred fifty dollars ($150) for each year of service in that community, up to a maximum of thirty (30) years of service.
(b) Each teacher must notify the school committee by July 1 of the year in which they intend to retire. The incentive payment shall be paid to the teacher no later than thirty (30) days following retirement or at the time they become eligible for a service retirement allowance and no retirement contribution shall be made from this payment.
(c) Incentive payments under the plan shall not be included in the final salary of a teacher for the computation of the basic pension due from the retirement plan and the supplemental amount shall be computed as a separate item based on the existing pension formula, including three (3) year average, and the supplemental payment shall then be added to the teacher’s basic pension amount.
(d) Supplemental payments under this section shall be applied, in the case of an option, after the option annuity amount is determined, and shall be continued for the lifetime of the teacher only and not to a beneficiary.
(e) Supplemental payments under this section shall not be included in the original pension allowance subject to any cost of living increase provided by § 16-16-40.
(f) The total of all supplemental payments to retired teachers under this section shall be reimbursed to the retirement board by the school districts on a monthly basis. Whenever any amounts due are not paid within thirty (30) days from the date due, the board shall levy regular interest on the payments from date due to date of payment.
(g) Any school committee in a municipality or regional school district with an elected school committee may terminate the optional incentive plan by resolution to the retirement board and the chief executive officer of a municipality with an appointed school committee may terminate the optional incentive plan by order to the retirement board, provided that:
(1) No teacher who retires after the termination of the plan shall be eligible for any incentive or supplemental payments.
(2) Any retired teacher who is receiving supplemental payments prior to the termination of the plan shall continue to receive payments for the remaining lifetime of the teacher, and the school district shall continue to be liable for the reimbursement of the payments to the retirement board as provided in subsection (f) of this section.
History of Section. P.L. 1981, ch. 162, § 4; P.L. 1983, ch. 289, § 1; P.L. 1986, ch. 432, § 1; P.L. 1987, ch. 368, § 1; P.L. 1988, ch. 84, § 74; P.L. 1988, ch. 129, art. 11, § 1; P.L. 1991, ch. 44, art. 39, § 1; P.L. 2011, ch. 265, § 3.
(a) For each community the state’s share shall be computed as follows: Let
| | R | = | state share ratio for the community. | | --- | --- | --- | --- | | | v | = | adjusted equalized weighted assessed valuation for the community, as defined in § 16-7-21(3). | | | V | = | sum of the values of v for all communities. | | | m | = | average daily membership of pupils in the community as defined in § 16-7-22. | | | M | = | total average daily membership of pupils in the state. | | | E | = | approved reimbursable expenditures for the community for the reference year minus the excess costs of special education, tuitions, federal and state receipts, and other income. |
Then the state share entitlement for the community shall be RE where
R = 1 – 0.5vM/(Vm) through June 30, 2011, and R = 1 – 0.475 vM/(Vm) beginning on July 1, 2011 and thereafter.
Except that in no case shall R be less than zero percent (0%).
(b) Whenever any funds are appropriated for educational purposes, the funds shall be used for educational purposes only and all state funds appropriated for educational purposes must be used to supplement any and all money allocated by a city or town for educational purposes and in no event shall state funds be used to supplant, directly or indirectly, any money allocated by a city or town for educational purposes. The courts of this state shall enforce this section by writ of mandamus.
(c) Notwithstanding the calculations in subsection (a), the hospital school at the Hasbro Children’s Hospital shall be reimbursed one hundred percent (100%) of all expenditures approved by the council on elementary and secondary education in accordance with currently existing rules and regulations for administering state aid, and subject to annual appropriations by the general assembly including, but not limited to, expenditures for educational personnel, supplies, and materials in the prior fiscal year.
(d) In the event the computation of the state’s share for any local education agency as outlined in subsection (a) is determined to have been calculated incorrectly after the state budget for that fiscal year has been enacted, the commissioner of elementary and secondary education shall notify affected local education agencies, the senate president, and the speaker of the house within fifteen (15) days of the determination.
(e) Realignment of aid payments to the affected local education agencies pursuant to subsection (d) shall occur in the following fiscal year:
(1) If the determination shows aid is underpaid to the local education agency, any amounts owed shall be paid in equal monthly installments.
(2) If the determination shows aid was overpaid, the department of elementary and secondary education shall recapture some amount of the aid from the overpaid local education agency. The amount to be withheld shall be equal to the amount of the overpayment prorated to the number of full months remaining in the fiscal year when the notification required in subsection (d) was made.
(f) The above notwithstanding, in no event shall the total paid to a local education agency in the 2023 fiscal year pursuant to subsection (a) be reduced as a result of the implementation of subsection (e); provided, however, that for the 2022 fiscal year, the full amount of any payment due to an underpayment and realignment under subsection (e)(1) shall be made for fiscal year 2022.
(g) Data used for the calculation of the FY 2022 state share ratio shall also be used for the calculation of the FY 2023 state share ratio.
History of Section. P.L. 1960, ch. 27, § 6; P.L. 1964, ch. 242, art. 7, § 1; P.L. 1967, ch. 160, § 3; P.L. 1973, ch. 214, § 1; P.L. 1976, ch. 130, § 1; P.L. 1976, ch. 198, art. 6, § 1; P.L. 1979, ch. 234, §§ 1, 2; P.L. 1980, ch. 152, § 5; P.L. 1980, ch. 264, § 1; P.L. 1981, ch. 23, § 1; P.L. 1981, ch. 367, § 1; P.L. 1982, ch. 305, § 1; P.L. 1982, ch. 344, art. 7, § 2; P.L. 1983, ch. 134, § 1; P.L. 1983, ch. 167, art. 7, § 1; P.L. 1984, ch. 245, art. XII, § 2; P.L. 1986, ch. 198, § 9; P.L. 1987, ch. 270, § 1; P.L. 1988, ch. 84, § 74; P.L. 1988, ch. 336, § 10; P.L. 1989, ch. 126, art. 39, § 1; P.L. 1989, ch. 126, art. 53, § 1; P.L. 1990, ch. 487, § 1; P.L. 1991, ch. 44, art. 39, § 1; P.L. 1992, ch. 133, art. 43, § 1; P.L. 1994, ch. 70, art. 15, § 1; P.L. 1994, ch. 70, art. 28, § 1; P.L. 1994, ch. 331, § 1; P.L. 1995, ch. 370, art. 18, § 2; P.L. 1995, ch. 376, § 1; P.L. 1998, ch. 68, § 1; P.L. 2001, ch. 86, § 31; P.L. 2010, ch. 124, § 1; P.L. 2010, ch. 125, § 1; P.L. 2019, ch. 88, art. 9, § 1; P.L. 2022, ch. 231, art. 10, § 1, effective June 27, 2022; P.L. 2023, ch. 79, art. 8, § 1, effective June 16, 2023.
The director of the department of behavioral healthcare, developmental disabilities and hospitals shall annually report on the first day of September to the commissioner of elementary and secondary education the number of children with disabilities affected by § 16-7-20 and the educational program costs for the children.
History of Section. P.L. 1979, ch. 234, § 3; P.L. 1988, ch. 84, § 74; P.L. 1999, ch. 83, § 24; P.L. 1999, ch. 130, § 24; P.L. 2013, ch. 501, § 21.
[Repealed]
History of Section. P.L. 1992, ch. 133, art. 43, § 6; P.L. 1993, ch. 138, art. 77, § 6; Repealed by P.L. 1994, ch. 70, art. 15, § 2, effective July 1, 1994.
[Repealed]
History of Section. P.L. 1993, ch. 138, art. 77, § 3; Repealed by P.L. 1994, ch. 70, art. 15, § 2, effective July 1, 1994.
[Repealed]
History of Section. P.L. 1993, ch. 138, art. 77, § 3; P.L. 1994, ch. 70, art. 15, § 1; Repealed by P.L. 2001, ch. 86, § 32, effective July 6, 2001.
For each regional school district, a state share shall be computed and multiplied by the reference year cost, as defined under § 16-7-16(11), of the basic program, as defined under § 16-7-16(3). The state share shall equal two percent (2%) for each grade so consolidated for the first two (2) years of operation, diminishing thereafter by one-fourth of one percent (¼%) per grade per year, but in no event shall the increased percentage be less than eight percent (8%); provided further, that the individual communities in the Chariho regional districts shall each receive the applicable increased percentage of those grades serviced by the regional school district. Reimbursement payments as calculated under this section shall be made in accordance with the monthly distribution defined under § 16-7-20(c).
History of Section. P.L. 1995, ch. 370, art. 18, § 1; P.L. 2001, ch. 86, § 31.
History of Section. P.L. 1995, ch. 370, art. 18, § 1; P.L. 1996, ch. 100, art. 22, § 2; Repealed by P.L. 2001, ch. 86, § 32, effective July 6, 2001.
On or before August 1 of each year the division of property valuation within the department of revenue shall determine and certify to the commissioner of elementary and secondary education the equalized weighted assessed valuation for each city and town in the following manner:
(1) The total assessed valuations of real and tangible personal property for each city and town as of December 31 of the third preceding calendar year shall be weighted by bringing the valuation to the true and market value of real and tangible personal property. The total assessed valuations of real and tangible personal property for all cities and towns shall be applied to the true and market valuations of the property for all cities and towns and the resulting percentage shall determine the average throughout the state. This percentage applied to the sum of the total true and market value of real and tangible personal property of each city and town shall be the equalized weighted assessed valuation of each city and town.
(2) The equalized weighted assessed valuation for each city and town shall be allocated to the particular city or town, and in the case of a regional school district that does not service all grades, except the Chariho regional high school district, the commissioner of elementary and secondary education shall apportion that proportion of the equalized weighted assessed valuation of the member cities or towns that the average daily membership serviced by the regional school district bears to the total average daily membership, and the equalized weighted assessed valuation of the member cities and towns shall be appropriately reduced.
(3) The equalized weighted assessed valuation for each community as allocated or apportioned in accordance with subsection (2) shall be adjusted by the ratio that the median family income of a city or town bears to the statewide median family income as reported in the latest available federal census data. The total state adjusted equalized weighted assessed valuation shall be the same as the total state equalized weighted assessed valuation.
(4) In the event that certified data is later determined to be incorrect, the division of property valuation, in conjunction with the commissioner of elementary and secondary education, shall inform local education agencies, the senate president, and the speaker of the house of the issue(s) within five (5) days of the determination.
History of Section. P.L. 1960, ch. 27, § 7; P.L. 1961, ch. 93, § 2; P.L. 1967, ch. 160, § 3; P.L. 1975, ch. 260, art. 4, § 2; P.L. 1980, ch. 264, § 1; P.L. 1983, ch. 134, § 1; P.L. 1988, ch. 84, § 74; P.L. 2006, ch. 246, art. 38, § 3; P.L. 2019, ch. 88, art. 9, § 1.
Each community shall be paid pursuant to the provisions of § 16-7-17 an amount based upon the following provisions:
(1) On or before September 1 of each year the average daily membership of each city and town for the reference year shall be determined by the commissioner of elementary and secondary education from data supplied by the school committee in each community in the following manner: The aggregate number of days of membership of all pupils enrolled full time in grade twelve (12) and below, except that pupils below grade one who are not full time shall be counted on a full-time equivalent basis: (i) Increased by the aggregate number of days of membership of pupils residing in the particular city or town whose tuition in schools approved by the department of elementary and secondary education in other cities and towns is paid by the particular city or town; and (ii) Decreased by the aggregate number of days of membership of nonresident pupils enrolled in the public schools of the particular city or town; and (iii) Decreased further, in the case of a city or town that is a member of a regional school district during the first year of operation of the regional school district by the aggregate number of days of membership of pupils residing in the city or town who would have attended the public schools in the regional school district if the regional school district had been operating during the previous year, divided by the number of days during which the schools were officially in session during the reference year. The resulting figures shall be the average daily membership for the city or town for the reference year. For purposes of calculating the permanent foundation education aid as described in §§ 16-7.2-3(a)(1) and 16-7.2-3(a)(2), the average daily membership for school districts shall exclude charter school and state school students, and beginning in school year 2014-2015, include an estimate to ensure that districts converting from a half-day to a full-day kindergarten program pursuant to § 16-99-4 are credited on a full-time basis beginning in the first year of enrollment and are funded notwithstanding the transition plan pursuant to § 16-7.2-7.
(2) The average daily membership of pupils attending public schools shall apply for the purposes of determining the percentage of the state’s share under the provisions of §§ 16-7-16(3), 16-7-16(10), 16-7-18, 16-7-19, 16-7-20, 16-7-21, and 16-7.2-4.
(3) In the case of regional school districts, the aggregate number of days of membership by which each city or town is decreased in subsection (1)(iii) of this section, divided by the number of days during which the schools attended by the pupils were officially in session, shall determine the average daily membership for the regional school district during the first year of operation. After the first year of operation, the average daily membership of each regional school district, except the Chariho regional high school district, shall be determined by the commissioner of elementary and secondary education from data supplied by the school committee of each regional school district for the reference year in the manner provided in subsection (1) of this section.
(4) [Deleted by P.L. 2025, ch. 278, art. 7, § 1.]
History of Section. P.L. 1960, ch. 27, § 8; P.L. 1960, ch. 27, § 8; P.L. 1967, ch. 160, § 3; P.L. 1967, ch. 160, § 3; P.L. 1972, ch. 197, § 1; P.L. 1972, ch. 197, § 1; P.L. 1980, ch. 264, § 1; P.L. 1980, ch. 264, § 1; P.L. 1983, ch. 134, § 1; P.L. 1983, ch. 134, § 1; P.L. 1988, ch. 84, § 74; P.L. 1988, ch. 84, § 74; P.L. 1989, ch. 490, § 1; P.L. 1989, ch. 490, § 1; P.L. 1992, ch. 133, art. 43, § 1; P.L. 1992, ch. 133, art. 43, § 1; P.L. 2001, ch. 77, art. 22, § 5; P.L. 2001, ch. 77, art. 22, § 5; P.L. 2010, ch. 124, § 1; P.L. 2010, ch. 124, § 1; P.L. 2010, ch. 125, § 1; P.L. 2010, ch. 125, § 1; P.L. 2013, ch. 358, § 2; P.L. 2013, ch. 358, § 2; P.L. 2014, ch. 431, § 1; P.L. 2014, ch. 431, § 1; P.L. 2014, ch. 456, § 1; P.L. 2014, ch. 456, § 1; P.L. 2024, ch. 117, art. 8, § 3, effective June 17, 2024; P.L. 2025, ch. 278, art. 7, § 1, effective June 29, 2025; P.L. 2025, ch. 427, art. 2, § 5, effective July 2, 2025.
(a) The school committee’s budget provisions of each community for current expenditures in each budget year shall provide for an amount from all sources sufficient to support the basic program and all other approved programs shared by the state. Each community shall contribute local funds to its school committee in an amount not less than its local contribution for schools in the previous fiscal year except to the extent permitted by §§ 16-7-23.1 and 16-7-23.2. Provided, that for the fiscal years 2010 and 2011 each community shall contribute to its school committee in an amount not less than ninety-five percent (95.0%) of its local contribution for schools for the fiscal year 2009. Calculation of the annual local contribution shall not include Medicaid revenues received by the municipality or district pursuant to chapter 8 of title 40. A community that has a decrease in enrollment may compute maintenance of effort on a per-pupil rather than on an aggregate basis when determining its local contribution; furthermore, a community that experiences a nonrecurring expenditure for its schools may deduct the nonrecurring expenditure in computing its maintenance of effort. The deduction of nonrecurring expenditures shall be with the approval of the commissioner. Provided, however, that notwithstanding any provision of this title to the contrary, debt service that is no longer carried on the books of any school district shall not be included in any school district’s annual budget, nor shall nonrecurring debt service be included in maintenance of effort as set forth in this chapter, nor shall any nonrecurring debt service be included in the operating budget of any school district. For the purposes set forth above, nonrecurring capital lease payments shall be considered nonrecurring debt service. The courts of this state shall enforce this section by means of injunctive relief.
(b) Districts’ annual maintenance expenditures must meet the requirements of subsection (b)(1), (b)(2), or (b)(3) of this section.
(1) A minimum of three percent (3%) of the operating budget shall be dedicated exclusively for maintenance expenditures as defined in § 16-7-36(7) provided that for FY 2019, that amount shall be one percent (1%), for FY 2020, that amount shall be one and one-half percent (1.5%), for FY 2021 that amount shall be two percent (2%), and for FY 2022 that amount shall be two and one-half percent (2.5%).
(2) A minimum of three percent (3%) of the replacement value shall be dedicated exclusively for maintenance expenditures as defined in § 16-7-36(7) provided that for FY 2019, that amount shall be one percent (1%), for FY 2020 that amount shall be one and one-half percent (1.5%), for FY 2021 that amount shall be two percent (2%), and for FY 2022 that amount shall be two and one-half percent (2.5%).
(3) A minimum of three dollars ($3.00), subject to inflation, per square foot of building space shall be dedicated exclusively for maintenance expenditures as defined in § 16-7-36(7).
(c) The department of elementary and secondary education shall be responsible for establishing a reporting mechanism to ensure the intent of this section is being met. In the event that a district does not meet its minimum expenditure requirement in a given year, the state shall direct state housing aid paid pursuant to § 16-7-41 or § 16-105-5, in an amount equal to the shortfall, to a restricted fund created by the district and dedicated solely to meeting maintenance requirements.
(d) Whenever any state funds are appropriated for educational purposes, the funds shall be used for educational purposes only and all state funds appropriated for educational purposes must be used to supplement any and all money allocated by a city or town for educational purposes and, in no event, shall state funds be used to supplant, directly or indirectly, any money allocated by a city or town for educational purposes. All state funds shall be appropriated by the municipality to the school committee for educational purposes in the same fiscal year in which they are appropriated at the state level even if the municipality has already adopted a school budget. All state and local funds unexpended by the end of the fiscal year of appropriation shall remain a surplus of the school committee and shall not revert to the municipality. Any surplus of state or local funds appropriated for educational purposes shall not in any respect affect the requirement that each community contribute local funds in an amount not less than its local contribution for schools in the previous fiscal year, subject to subsection (a) of this section, and shall not in any event be deducted from the amount of the local appropriation required to meet the maintenance of effort provision in any given year.
History of Section. P.L. 1960, ch. 27, § 10; P.L. 1994, ch. 70, art. 15, § 1; P.L. 1995, ch. 370, art. 18, § 2; P.L. 1996, ch. 100, art. 22, § 3; P.L. 1997, ch. 30, art. 31, § 2; P.L. 1998, ch. 31, art. 31, § 4; P.L. 2000, ch. 55, art. 13, § 2; P.L. 2001, ch. 77, art. 22, § 1; P.L. 2001, ch. 86, § 31; P.L. 2003, ch. 376, art. 9, § 1; P.L. 2006, ch. 246, art. 19, § 1; P.L. 2010, ch. 23, art. 13, § 2; P.L. 2010, ch. 124, § 1; P.L. 2010, ch. 125, § 1; P.L. 2012, ch. 241, art. 12, § 6; P.L. 2018, ch. 47, art. 9, § 1.
(a) Any community that has a local appropriation that funds at least eighty-five percent (85%) of the basic education program shall be defined as a high local contribution community. A high local contribution community that has provided full funding of the basic education program and all other approved programs required in law and regulation is authorized to reduce its local appropriation to schools by an amount up to ten percent (10%) of any increase it receives in state school funds, pursuant to the implementation of the permanent foundation education aid formula as defined in § 16-7.2-3.
(b) Any community that has a local appropriation that combined with state education aid provides full funding of the basic education program and exceeds the benchmarks established by the department of elementary and secondary education for costs outside the permanent foundation education aid formula, pursuant to § 16-7.2-3, including but not limited to transportation, facility maintenance, and retiree health care, shall be defined as a high per pupil expenditure community. A high per pupil expenditure community is authorized to reduce its local appropriation to schools by an amount up to ten percent (10%) of any increase it receives in state school funds, pursuant to the implementation of the permanent foundation education aid formula as defined in § 16-7.2-3.
(c) Upon request of the local community, and for good cause shown, the commissioner of elementary and secondary education may grant variances to subsection (a) and (b) if the commissioner finds that such adjustment does not disrupt the continued effective operation of the public school system of the city or town.
History of Section. P.L. 2010, ch. 124, § 1; P.L. 2010, ch. 125, § 1.
A city, town, or regional school district appropriating authority may appropriate supplemental funds to eliminate or reduce a school budget deficit. To the extent that such a supplemental appropriation represents payment of past annual expenditure, the payment shall not be used in the computation of the maintenance of effort requirements established by § 16-7-23.
History of Section. P.L. 2012, ch. 241, art. 12, § 7.
Each community shall appropriate or otherwise make available to the school committee for approved school expenditures during each school year, to be expended under the direction and supervision of the school committee of that community, an amount, which, together with state education aid and federal aid: (1) shall be not less than the costs of the basic program during the reference year, (2) plus the costs in the reference year of all optional programs shared by the state; provided, however, that the state funds provided in accordance with § 16-5-31 shall not be used to supplant local funds. The board of regents for elementary and secondary education shall adopt regulations for determining the basic education program and the maintenance of local appropriation to support the basic education program. A community that has a local appropriation insufficient to fund the basic education program pursuant to the regulations described in this section and all other approved programs shared by the state and required in law shall be required to increase its local appropriation in accordance with § 44-5-2 or find efficiencies in other non-education programs to provide sufficient funding to support the public schools. The city of Central Falls annual local contribution to education shall be determined pursuant to subsection 16-7.2-6(d).
History of Section. P.L. 1960, ch. 27, § 10; P.L. 1983, ch. 200, § 1; P.L. 1988, ch. 84, § 74; P.L. 1988, ch. 336, § 10; P.L. 2010, ch. 124, § 1; P.L. 2010, ch. 125, § 1.
The school committee in each community shall operate the schools each year on an appropriate level at least as adequate as the minimum established in §§ 16-7-15 to 16-7-34.
History of Section. P.L. 1960, ch. 27, § 10.
[Repealed]
History of Section. P.L. 1960, ch. 27, § 10; Repealed by P.L. 1975, ch. 299, § 1.
The taxing authority in every city and town of the state shall record upon the individual tax notices the tax rate which is apportioned for school purposes separate from the tax rate which is apportioned for municipal purposes and the total of these two (2) tax rates.
History of Section. P.L. 1960, ch. 27, § 10.
The communities shall provide for the keeping of separate revenue and expenditure records for all school purposes including capital expenditures on any forms and in any manner that the commissioner of elementary and secondary education may prescribe.
History of Section. P.L. 1960, ch. 27, § 10.
(a) Every municipality and regional school district shall establish and put into full effect by appropriate action of its school committee in a municipality or regional school district where the school committee is elected, or by appropriate action of the chief executive officer, in a municipality where the school committee is appointed, a salary schedule recognizing years of service, experience, and training for all certified personnel regularly employed in the public schools and having no more than twelve (12) annual steps. The term “school year” as applied to the salary schedule means the ten (10) calendar months beginning in September and ending the following June.
(b) Nothing in this section shall prohibit a freeze or reduction of the monetary value of the steps in the salary schedule through the collective bargaining process.
History of Section. P.L. 1960, ch. 27, § 10; P.L. 1988, ch. 84, § 74; P.L. 1992, ch. 173, § 1; P.L. 1993, ch. 189, § 1; P.L. 2006, ch. 246, art. 19, § 5; P.L. 2007, ch. 73, art. 21, § 1; P.L. 2011, ch. 265, § 4.
A community not maintaining a high school shall make provision for the free attendance of its children at some high school or academy approved by the state board of regents for elementary and secondary education.
History of Section. P.L. 1960, ch. 27, § 12.
If any community shall fail to maintain local appropriation or fail to appropriate or otherwise make available to the school committee the minimum sums provided in this chapter, including specifically but without limitation the minimum salary schedule as established in § 16-7-29, and the funds and funding levels required for voluntary participation as an EPSDT provider pursuant to § 40-8-18, all state education as provided in Title 16, and the minimum budget provision as established in § 16-7-23, the commissioner of elementary and secondary education may notify the general treasurer of the amount of any deficiency. The general treasurer, on being so informed in writing of the amount of the deficiency by the commissioner, shall withhold state funds otherwise due during the subsequent state fiscal year to the community for its general uses and purposes in an amount equal to the deficiency.
History of Section. P.L. 1960, ch. 27, § 11; P.L. 1983, ch. 200, § 1; P.L. 1992, ch. 289, § 2; P.L. 1992, ch. 399, § 2; P.L. 1994, ch. 70, art. 15, § 1.
The commissioner of elementary and secondary education shall annually review actual expenditures in each school year and in case any community fails to adequately support the programs shared by the state, as provided in §§ 16-7-15 to 16-7-34, the commissioner shall inquire into the cause or causes of this failure of the community to adequately support the programs shared by the state.
History of Section. P.L. 1960, ch. 27, § 11.
The commissioner of elementary and secondary education is directed to evaluate the operation of this chapter, and at least once every three (3) years the state board of regents for elementary and secondary education shall review the findings of the commissioner of elementary and secondary education and shall make its recommendations in writing to the governor and to the general assembly.
History of Section. P.L. 1960, ch. 27, § 11.
The general assembly shall annually appropriate a sum that it may deem necessary to carry out the purposes of §§ 16-5-31 and 16-7-15 to 16-7-34; and the state controller is authorized and directed to draw his or her orders upon the general treasurer for the payment of this sum, or so much of that sum as may be required from time to time, upon receipt by the controller of properly authenticated vouchers.
History of Section. P.L. 1960, ch. 27, § 13.
[Repealed]
History of Section. P.L. 1967, ch. 160, § 4; P.L. 1968, ch. 170, § 4; P.L. 1988, ch. 84, § 44; Repealed by P.L. 1992, ch. 133, art. 11, § 1, effective July 1, 1992.
The general assembly shall appropriate to the board of regents for elementary and secondary education the sums that it deems necessary to carry out the purposes of this section for distribution to local and regional school districts on the basis of the ratio which the children with disabilities in that district bear to the state total of children with disabilities; provided however, that no school district receives less than twelve thousand five hundred dollars ($12,500) for the purpose of financially assisting school programs for the child with a disability currently in operation and those programs initiated by the district in the future, and as approved by the department of elementary and secondary education; and the state controller is authorized and directed to draw his or her orders upon the general treasurer for the payment of the sum, or so much of that sum as may be from time to time required, upon receipt by the controller of properly authenticated vouchers approved by the commissioner of elementary and secondary education. The department shall have the power to require that the programs shall be administered and supervised by the local districts in a manner that the department deems most feasible educationally and most sound economically.
History of Section. P.L. 1967, ch. 160, § 5; P.L. 1968, ch. 170, § 5; P.L. 1976, ch. 130, § 9; P.L. 1988, ch. 84, § 44; P.L. 1999, ch. 83, § 24; P.L. 1999, ch. 130, § 24.
(a) Each school district shall be reimbursed for expenditures for services and instructional programs for students residing in conventional public housing units owned by public housing authorities which are not on local tax rolls. Reimbursement shall be made when the services and programs have been carried out in accordance with the requirements of state law and regulations of the board of regents for elementary and secondary education. The following formula shall be used to distribute aid for the students residing in the public housing units:
(1)(i) The following formula and definitions are to be used to determine the entitlement for each school district:
(ii) The incentive entitlement for a district shall be the product of the average per pupil cost for the district, the number of full time equivalent pupils in grade 12 and below residing in conventional public housing, and the state share ratio for the district.
(2) In this formula the following terms have the following meanings:
(i) “Incentive entitlement” means the sum payable to a local school district under this formula.
(ii) “Average per pupil costs for the district” means all expenditures approved by the state board of regents for elementary and secondary education as defined in § 16-7-20 plus the costs of special education required under chapter 24 of this title divided by average daily membership of pupils as determined in § 16-7-22(1).
(iii) “State share ratio” means the effective state share ratio as calculated under § 16-7-20.
(iv) “Conventional public housing” means those properties identified as eligible low rent housing projects under title I of P.L. 81-874, 20 U.S.C. § 236 et seq.
(b) Students living on property owned by the Rhode Island resource recovery corporation shall also be included in computations under this section.
(c) Students living in the North Kingstown Traveler’s Aid housing project shall also be included in computations under this section.
(d) An amount shall be appropriated for the purpose of reimbursing school districts as required pursuant to subsection (a) for conventional public housing.
(e) If the sum appropriated in subsection (a) of this section is not sufficient to pay in full the amount for conventional public housing which each city and town is entitled to receive in any fiscal year, the maximum amount which all cities and towns are entitled to receive under this section shall be deducted from the sum appropriated for all cities and towns under § 16-7-20. If, after final allocation of §§ 16-7-15 through 16-7-34, a district receives more than one hundred percent (100%) reimbursement, the excess shall be deducted from this conventional public housing allocation in the following fiscal year.
(f) Reimbursement payments as calculated under this chapter shall be made according to § 16-7-16. All payments under this chapter shall be used exclusively to support services for conventional public housing students.
(g) Expenditure reports shall be submitted by the local school districts to the commissioner of elementary and secondary education in accordance with rules and regulations of the board of regents for elementary and secondary education.
History of Section. P.L. 1986, ch. 287, art. 30, § 1; P.L. 1987, ch. 118, art. 12, § 1; P.L. 1989, ch. 490, § 1; P.L. 1990, ch. 65, art. 33, § 1; P.L. 1991, ch. 44, art. 39, § 1; P.L. 1992, ch. 133, art. 43, § 1; P.L. 1995, ch. 370, art. 18, § 2; P.L. 2001, ch. 86, § 31.
Sections 16-7-35 to 16-7-47 are designed to:
(1) Guarantee adequate school housing for all public school children in the state, and
(2) Prevent the cost of school housing from interfering with the effective operation of the schools.
History of Section. P.L. 1960, ch. 26, § 1.
The following words and phrases used in §§ 16-7-35 to 16-7-47 have the following meanings:
(1) “Adjusted equalized weighted assessed valuation” means the equalized weighted assessed valuation for a community as determined by the division of property valuation within the department of revenue in accordance with § 16-7-21; provided, however, that in the case of a regional school district the commissioner of elementary and secondary education shall apportion the adjusted equalized weighted assessed valuation of the member cities or towns among the regional school district and the member cities or towns according to the proportion that the number of pupils of the regional school district bears to the number of pupils of the member cities or towns.
(2) “Approved project” means a project which has complied with the administrative regulations governing §§ 16-7-35 through 16-7-47, and which has been authorized to receive state school housing reimbursement by the commissioner of elementary and secondary education.
(3) “Commissioning agent” means a person or entity who ensures that systems are designed, installed, functionally tested, and capable of being operated and maintained to perform in conformity with the design intent of a project.
(4) “Community” means any city, town, or regional school district established pursuant to law; provided, however, that the member towns of the Chariho regional high school district, created by P.L. 1958, ch. 55, as amended, shall constitute separate and individual communities for the purposes of distributing the foundation level school support for school housing for all grades financed in whole or in part by the towns irrespective of any regionalization.
(5) “Facilities condition index” means the cost to fully repair the building divided by the cost to replace the building as determined by the school building authority.
(6) “Functional utilization” means the ratio of the student population within a school facility to the capacity of the school facility to adequately serve students as defined by the school building authority.
(7) “Maintenance expenditures” means amounts spent for repairs or replacements for the purpose of keeping a school facility open and safe for use, including repairs, maintenance, and replacements to a school facility’s heating, lighting, ventilation, security, and other fixtures to keep the facility or fixtures in effective working condition. Maintenance shall not include contracted or direct custodial or janitorial services, expenditures for the cleaning of a school facility or its fixtures, the care and upkeep of grounds, recreational facilities, or parking lots, or the cleaning of or repairs and replacements to movable furnishings or equipment.
(8) “Owner’s program manager” means owner’s program manager as defined in § 37-2-7.
(9) “Prime contractor” means the construction contractor who is responsible for the completion of a project.
(10) “Reference year” means the year next prior to the school year immediately preceding that in which aid is to be paid.
(11) “Subject to inflation” means the base amount multiplied by the percentage of increase in the Producer Price Index (PPI) Data for Nonresidential Building Construction (NAICS 236222) as published by the United States Department of Labor, Bureau of Labor Statistics determined as of September 30 of the prior calendar year.
History of Section. P.L. 1960, ch. 26, § 2; P.L. 1961, ch. 93, § 2; P.L. 1980, ch. 264, § 1; P.L. 1981, ch. 252, § 1; P.L. 1983, ch. 134, § 1; P.L. 1988, ch. 84, § 9; P.L. 2006, ch. 246, art. 38, § 3; P.L. 2018, ch. 47, art. 9, § 1.
The superintendent of schools in each community shall certify to the commissioner of elementary and secondary education by the dates designated in accordance with the regulations of the board of regents for elementary and secondary education any information that may be needed for the operation of §§ 16-7-35 to 16-7-47, in any form and upon any blanks that the commissioner of elementary and secondary education shall require.
History of Section. P.L. 1960, ch. 26, § 3; P.L. 1981, ch. 252, § 1.
There shall be paid on September 15 and March 15 of each year one-half (½) of the amount to which each community is entitled in terms of the computation in § 16-7-41.
History of Section. P.L. 1960, ch. 26, § 4; P.L. 2012, ch. 241, art. 12, § 5.
For each community, the percent of state aid for school housing costs shall be computed in the following manner:
(1) The adjusted equalized weighted assessed valuation for the district is divided by the resident average daily membership for the district (grades twelve (12) and below); (2) The adjusted equalized weighted assessed valuation for the state is divided by the resident average daily membership for the state (grades twelve (12) and below); (1) is then divided by (2) and the resultant ratio is multiplied by a factor currently set at sixty-two percent (62%) which represents the approximate average district share of school support; the resulting product is then subtracted from one hundred percent (100%) to yield the housing aid share ratio, provided that in no case shall the ratio be less than thirty percent (30%). Provided, that effective July 1, 2010, and annually at the start of each fiscal year thereafter, the thirty percent (30%) floor on said housing-aid share shall be increased by five percent (5%) increments each year until said floor on the housing-aid share ratio reaches a minimum of not less than forty percent (40%). This provision shall apply only to school housing projects completed after June 30, 2010, that received approval from the board of regents prior to June 30, 2012. Provided further, for the fiscal year beginning July 1, 2012, and for subsequent fiscal years, the minimum housing aid share shall be thirty-five percent (35%) for all projects receiving council on elementary and secondary education approval after June 30, 2012. The resident average daily membership shall be determined in accordance with § 16-7-22(1).
(2) No district shall receive a combined total of more than twenty (20) incentive percentage points for projects that commence construction by June 30, 2024, and five (5) incentive points for projects that commence construction thereafter; provided further, these caps shall be in addition to amounts received under §§ 16-7-40(a)(1) and 16-7-40(a)(2). Furthermore, a district’s share shall not be decreased by more than half of its regular share irrespective of the number of incentive points received nor shall a district’s state share increase by more than half of its regular share, including amounts received under §§ 16-7-40(a)(1) and 16-7-40(a)(2), irrespective of the number of incentive points received. Provided further that the aforementioned limit on the state share increasing by more than half of its regular share shall not apply to projects submitted for reimbursement after July 1, 2023.
History of Section. P.L. 1960, ch. 26, § 5; P.L. 1964, ch. 242, art. 7, § 1; P.L. 1981, ch. 252, § 1; P.L. 1988, ch. 84, § 44; P.L. 1989, ch. 490, § 1; P.L. 2001, ch. 24, art. 3, § 1; P.L. 2003, ch. 376, art. 9, § 1; P.L. 2010, ch. 124, § 1; P.L. 2010, ch. 125, § 1; P.L. 2012, ch. 241, art. 12, § 3; P.L. 2018, ch. 47, art. 9, § 1; P.L. 2023, ch. 79, art. 8, § 1, effective June 16, 2023.
(a)(1) In the case of regional school districts, the school housing aid ratio shall be increased by two percent (2%) for each grade so consolidated.
(2) Regional school districts undertaking renovation project(s) shall receive an increased share ratio of four percent (4%) for those specific project(s) only, in addition to the combined share ratio calculated in § 16-7-39 and this subsection.
(b) In the case of projects undertaken by districts specifically for the purposes of school safety and security, the school housing aid share ratio shall be increased by five percent (5%) for these specific projects only, in the calculation of school housing aid. The increased share ratio shall continue to be applied for as long as the project(s) receives state housing aid. In order to qualify for the increased share ratio, seventy-five percent (75%) of the project costs must be specifically directed to school safety and security measures. The council on elementary and secondary education shall promulgate rules and regulations for the administration and operation of this section.
(c) For purposes of addressing health and safety deficiencies as defined by the school building authority, including the remediation of hazardous materials, the school housing aid ratio shall be increased by five percent (5%) so long as the construction of the project commences by June 30, 2024, is completed by June 30, 2029, and a two hundred fifty million dollar ($250,000,000) general obligation bond is approved on the November 2018 ballot. In order to qualify for the increased share ratio, twenty-five percent (25%) of the project costs or a minimum of five hundred thousand dollars ($500,000) must be specifically directed to this purpose.
(d) For purposes of educational enhancement, including projects devoted to the enhancement of early childhood education and career and technical education, the school housing aid ratio shall be increased by five percent (5%) so long as construction of the project commences by June 30, 2024, is completed by June 30, 2029, and a two hundred fifty million dollar ($250,000,000) general obligation bond is approved on the November 2018 ballot. In order to qualify for the increased share ratio, twenty-five percent (25%) of the project costs or a minimum of five hundred thousand dollars ($500,000) must be specifically directed to these purposes.
(e) For replacement of a facility that has a facilities condition index of sixty-five percent (65%) or higher, the school housing ratio shall be increased by five percent (5%) so long as construction of the project commences by June 30, 2024, is completed by June 30, 2029, does not receive a bonus pursuant to subsection (f) or subsection (g), and a two hundred fifty million dollar ($250,000,000) general obligation bond is approved on the November 2018 ballot. In order to qualify for the increased share ratio, twenty-five percent (25%) of the project costs or a minimum of five hundred thousand dollars ($500,000) must be specifically directed to this purpose.
(f) For any new construction or renovation that increases the functional utilization of any facility from less than sixty percent (60%) to more than eighty percent (80%), including the consolidation of school buildings within or across districts, the school housing aid ratio shall be increased by five percent (5%) so long as construction of the project commences by June 30, 2024, is completed by June 30, 2029, and a two hundred fifty million dollar ($250,000,000) general obligation bond is approved on the November 2018 ballot. In order to qualify for the increased share ratio, twenty-five percent (25%) of the project costs or a minimum of five hundred thousand dollars ($500,000) must be specifically directed to this purpose.
(g) For any new construction or renovation that decreases the functional utilization of any facility from more than one hundred twenty percent (120%) to between eighty-five percent (85%) to one hundred five percent (105%), the school housing ratio shall be increased by five percent (5%) so long as construction of the project commences by June 30, 2024, is completed by June 30, 2029, and a two hundred fifty million dollar ($250,000,000) general obligation bond is approved on the November 2018 ballot. In order to qualify for the increased share ratio, twenty-five percent (25%) of the project costs or a minimum of five hundred thousand dollars ($500,000) must be specifically directed to this purpose.
(h) For consolidation of two (2) or more school buildings, within or across districts into one school building, the school housing aid ratio shall be increased by five percent (5%) so long as construction of the project commences by June 30, 2024, is completed by June 30, 2029, a two hundred fifty million dollar ($250,000,000) general obligation bond is approved on the November 2018 ballot, and does not receive a bonus pursuant to subsection (f) or subsection (g). In order to qualify for the increased share ratio, twenty-five percent (25%) of the project costs or a minimum of five hundred thousand dollars ($500,000) must be specifically directed to this purpose.
(i) Any regionalized and/or non-regionalized school district receiving an increased share ratio for a project approved prior to July 1, 2018, shall continue to receive the increased share ratio for as long as the project receives state housing aid.
History of Section. P.L. 1960, ch. 26, § 6; P.L. 1962, ch. 47, § 1; P.L. 1981, ch. 252, § 1; P.L. 1985, ch. 309, § 1; P.L. 1988, ch. 84, § 44; P.L. 1999, ch. 83, § 24; P.L. 1999, ch. 130, § 24; P.L. 2003, ch. 376, art. 9, § 1; P.L. 2018, ch. 47, art. 9, § 1; P.L. 2022, ch. 231, art. 10, § 1, effective June 27, 2022; P.L. 2023, ch. 79, art. 8, § 1, effective June 16, 2023.
(a) In each fiscal year the state shall pay to each community a grant to be applied to the cost of school housing equal to the following:
The cost of each new school housing project certified to the commissioner of elementary and secondary education not later than July 15 of the fiscal year shall be divided by the actual number of years of the bond issued by the local community or the Rhode Island health and educational building corporation in support of the specific project, times the school housing aid ratio; and provided, further, with respect to costs of new school projects financed with proceeds of bonds issued by the local community or the Rhode Island health and educational building corporation in support of the specific project, the amount of the school housing aid payable in each fiscal year shall not exceed the amount arrived at by multiplying the principal and interest of the bonds payable in each fiscal year by the school housing aid ratio and which principal and interest amount over the life of the bonds, shall, in no event, exceed the costs of each new school housing project certified to the commissioner of elementary and secondary education. If a community fails to specify or identify the appropriate reimbursement schedule, the commissioner of elementary and secondary education may at his or her discretion set up to a five (5) year reimbursement cycle for projects under five hundred thousand dollars ($500,000); up to ten (10) years for projects up to three million dollars ($3,000,000); and up to twenty (20) years for projects over three million dollars ($3,000,000).
(b) Aid shall be provided for the same period as the life of the bonds issued in support of the project and at the school housing aid ratio applicable to the local community as set forth in § 16-7-39 at the time the project is approved by the council on elementary and secondary education.
(c) Aid shall be paid either to the community or in the case of projects financed through the Rhode Island health and educational building corporation, to the Rhode Island health and educational building corporation or its designee including, but not limited to, a trustee under a bond indenture or loan and trust agreement, in support of bonds issued for specific projects of the local community in accordance with this section, § 16-7-40 and § 16-7-44. Notwithstanding the preceding, in case of failure of any city, town, or district to pay the amount due in support of bonds issued on behalf of a city, town, school or district project financed by the Rhode Island health and educational building corporation, upon notification by the Rhode Island health and educational building corporation, the general treasurer shall deduct the amount from aid provided under this section, § 16-7-40, § 16-7-44 and § 16-7-15 through § 16-7-34.3 due the city, town, or district and direct said funding to the Rhode Island health and educational building corporation or its designee.
(d) Notwithstanding any provisions of law to the contrary, in connection with the issuance of refunding bonds benefiting any local community, any net interest savings resulting from the refunding bonds issued by such community or a municipal public buildings authority for the benefit of the community or by the Rhode Island health and educational building corporation for the benefit of the community, in each case in support of school housing projects for the community, shall be allocated between the community and the state of Rhode Island, by applying the applicable school housing aid ratio at the time of issuance of the refunding bonds, calculated pursuant to § 16-7-39, that would otherwise apply in connection with school housing projects of the community; provided however, that for any refundings that occur between July 1, 2013, and December 31, 2015, the community shall receive eighty percent (80%) of the total savings and the state shall receive twenty percent (20%). In connection with any such refunding of bonds, the finance director or the chief financial officer of the community shall certify such net interest savings to the commissioner of elementary and secondary education. Notwithstanding § 16-7-44 or any other provision of law to the contrary, school housing projects costs in connection with any such refunding bond issue shall include bond issuance costs incurred by the community, the municipal public buildings authority, or the Rhode Island health and educational building corporation, as the case may be, in connection therewith. In connection with any refunding bond issue, school housing project costs shall include the cost of interest payments on such refunding bonds, if the cost of interest payments was included as a school housing cost for the bonds being refunded. A local community or municipal public buildings authority shall not be entitled to the benefits of this subsection (d) unless the net present value savings resulting from the refunding is at least three percent (3%) of the refunded bond issue.
(e) Any provision of law to the contrary notwithstanding, the commissioner of elementary and secondary education shall cause to be monitored the potential for refunding outstanding bonds of local communities or municipal public building authorities or of the Rhode Island health and educational building corporation issued for the benefit of local communities or municipal public building authorities and benefiting from any aid referenced in this section. In the event it is determined by said monitoring that the net present value savings which could be achieved by refunding such bonds of the type referenced in the prior sentence including any direct costs normally associated with such refundings is equal to (i) at least one hundred thousand dollars ($100,000) and (ii) for the state and the communities or public building authorities at least three percent (3%) of the bond issue to be refunded including associated costs then, in such event, the commissioner (or his or her designee) may direct the local community or municipal public building authority for the benefit of which the bonds were issued, to refund such bonds. Failure of the local community or municipal public buildings authority to timely refund such bonds, except due to causes beyond the reasonable control of such local community or municipal public building authority, shall result in the reduction by the state of the aid referenced in this § 16-7-41 associated with the bonds directed to be refunded in an amount equal to ninety percent (90%) of the net present value savings reasonably estimated by the commissioner of elementary and secondary education (or his or her designee) which would have been achieved had the bonds directed to be refunded been refunded by the ninetieth (90th) day (or if such day is not a business day in the state of Rhode Island, the next succeeding business day) following the date of issuance of the directive of the commissioner (or his or her designee) to refund such bonds. Such reduction in the aid shall begin in the fiscal year following the fiscal year in which the commissioner issued such directive for the remaining term of the bond.
(f) Payments shall be made in accordance with § 16-7-40 and this section.
(g) For purposes of financing or refinancing school facilities in the city of Central Falls through the issuance of bonds through the Rhode Island health and educational building corporation, the city of Central Falls shall be considered an “educational institution” within the meaning of § 45-38.1-3(13).
History of Section. P.L. 1960, ch. 26, § 7; P.L. 1981, ch. 252, § 1; P.L. 1989, ch. 471, § 1; P.L. 2003, ch. 376, art. 9, § 1; P.L. 2005, ch. 117, art. 13, § 8; P.L. 2007, ch. 370, § 1; P.L. 2008, ch. 9, art. 5, § 1; P.L. 2010, ch. 124, § 1; P.L. 2010, ch. 125, § 1; P.L. 2012, ch. 241, art. 12, § 5; P.L. 2013, ch. 144, art. 13, § 1; P.L. 2018, ch. 47, art. 9, § 1.
(a) School districts, not municipalities, may apply for and obtain approval for a project under the necessity of school construction process set forth in the regulations of the council on elementary and secondary education, provided, however, in the case of a municipality that issues bonds through the Rhode Island health and educational building corporation to finance or refinance school facilities for a school district that is not part of the municipality, the municipality may apply for and obtain approval for a project. Such approval will remain valid until June 30 of the third fiscal year following the fiscal year in which the council on elementary and secondary education’s approval is granted. Only those projects undertaken at school facilities under the care and control of the school committee and located on school property may qualify for reimbursement under §§ 16-7-35 — 16-7-47. Facilities with combined school and municipal uses or facilities that are operated jointly with any other profit or nonprofit agency do not qualify for reimbursement under §§ 16-7-35 — 16-7-47. Projects completed by June 30 of a fiscal year are eligible for reimbursement in the following fiscal year. A project for new school housing or additional housing shall be deemed to be completed when the work has been officially accepted by the school committee or when the housing is occupied for its intended use by the school committee, whichever is earlier.
(b) Notwithstanding the provisions of this section, the board of regents shall not grant final approval for any project between June 30, 2011, and May 1, 2015, except for projects that are necessitated by immediate health and safety reasons. In the event that a project is requested during the moratorium because of immediate health and safety reasons, those proposals shall be reported to the chairs of the house and senate finance committees.
(c) Any project approval granted prior to the adoption of the school construction regulations in 2007, and which are currently inactive; and any project approval granted prior to the adoption of the school construction regulations in 2007 which did not receive voter approval or which has not been previously financed, are no longer eligible for reimbursement under this chapter. The department of elementary and secondary education shall develop recommendations for further cost containment strategies in the school housing aid program.
(d) Beginning July 1, 2015, the council on elementary and secondary education shall approve new necessity of school construction applications on an annual basis. The department of elementary and secondary education shall develop an annual application timeline for local education agencies seeking new necessity of school construction approvals.
(e) Beginning July 1, 2019, no state funding shall be provided for projects in excess of ten million dollars ($10,000,000) unless the prime contractor for the project has received prequalification from the school building authority.
(f) Beginning July 1, 2019, the necessity of school construction process set forth in the regulations of the council on elementary and secondary education shall include a single statewide process, developed with the consultation of the department of environmental management, that will ensure community involvement throughout the investigation and remediation of contaminated building sites for possible reuse as the location of a school. That process will fulfill all provisions of § 23-19.14-5 related to the investigation of reuse of such sites for schools.
(g) Beginning July 1, 2019, school housing projects exceeding one million five hundred thousand dollars ($1,500,000) subject to inflation shall include an owner’s program manager and a commissioning agent. The cost of the program manager and commissioning agent shall be considered a project cost eligible for aid pursuant to §§ 16-7-41 and 16-105-5.
(h) Temporary housing, or swing space, for students shall be a reimbursable expense so long as a district can demonstrate that no other viable option to temporarily house students exists and provided that use of the temporary space is time limited for a period not to exceed twenty-four (24) months and tied to a specific construction project.
(i) Environmental site remediation, as defined by the school building authority, shall be a reimbursable expense up to one million dollars ($1,000,000) per project.
(j) If, within thirty (30) years of construction, a newly constructed school is sold to a private entity, the state shall receive a portion of the sale proceeds equal to that project’s housing aid reimbursement rate at the time of project completion.
(k) All projects must comply with § 37-13-6, ensuring that prevailing wage laws are being followed, and § 37-14.1-6, ensuring that minority business enterprises reach the required minimum participation.
History of Section. P.L. 2003, ch. 376, art. 9, § 2; P.L. 2011, ch. 151, art. 5, § 3; P.L. 2013, ch. 144, art. 13, § 1; P.L. 2013, ch. 501, § 21; P.L. 2014, ch. 145, art. 22, § 1; P.L. 2015, ch. 141, art. 9, § 1; P.L. 2018, ch. 47, art. 9, § 1; P.L. 2023, ch. 79, art. 8, § 1, effective June 16, 2023.
In the computations of §§ 16-7-35 — 16-7-47, only that portion of the cost of school housing projects for which no aid has been received from the federal government under the provision of any present or subsequent federal legislation shall be used. In the computations of §§ 16-7-35 — 16-7-47, the cost of a school housing project shall be reduced by the amount of federal aid and other private and public funding that is applied to the project.
History of Section. P.L. 1960, ch. 26, § 8; P.L. 2003, ch. 376, art. 9, § 3.
[Repealed]
History of Section. P.L. 1960, ch. 26, § 9; Repealed by P.L. 2003, ch. 376, art. 9, § 4, effective July 1, 2003.
School housing project costs, the date of completion of school housing projects, and the applicable amount of school housing project cost commitments shall be in accordance with the regulations of the commissioner of elementary and secondary education and the provisions of §§ 16-7-35 — 16-7-47; provided, however, that school housing project costs shall include the purchase of sites, buildings, and equipment, the construction of buildings, and additions or renovations of existing buildings and/or facilities. School housing project costs shall include the cost of interest payment on any bond issued after July 1, 1988, provided that such bond is approved by the voters on or before June 30, 2003, or issued by a municipal public building authority or by the appropriate approving authority on or before June 30, 2003. Except as provided in § 16-7-41(d), for those projects approved after June 30, 2003, interest payments may only be included in project costs provided that the bonds for these projects are issued through the Rhode Island health and educational building corporation. School housing project costs shall exclude: (1) Any bond issuance costs incurred by the municipality or regional school district; (2) Demolition costs for buildings, facilities, or sites deemed surplus by the school committee; and (3) Restrictions pursuant to § 16-7-44.1. A building, facility, or site is declared surplus by a school committee when the committee no longer has such building, facility, or site under its direct care and control and transfers control to the municipality, § 16-2-15. The council on elementary and secondary education will promulgate rules and regulations for the administration of this section. These rules and regulations may provide for the use of lease revenue bonds, capital leases, or capital reserve funding, to finance school housing provided that the term of any bond, or capital lease shall not be longer than the useful life of the project and these instruments are subject to the public review and voter approval otherwise required by law for the issuance of bonds or capital leases. Cities or towns issuing bonds, or leases issued by a municipal public buildings authority for the benefit of a local community pursuant to chapter 50 of title 45 shall not require voter approval. Effective January 1, 2008, and except for interim finance mechanisms, refunding bonds, borrowing from the school building authority capital fund, and bonds issued by the Rhode Island health and educational building corporation to finance school housing projects for towns, cities, or regional school districts borrowing for which has previously been authorized by an enabling act of the general assembly, all bonds, notes, and other forms of indebtedness issued in support of school housing projects shall require passage of an enabling act by the general assembly.
History of Section. P.L. 1960, ch. 26, § 10; P.L. 1981, ch. 252, § 1; P.L. 1988, ch. 441, § 1; P.L. 1996, ch. 320, § 1; P.L. 2003, ch. 376, art. 9, § 5; P.L. 2007, ch. 222, § 1; P.L. 2007, ch. 236, § 1; P.L. 2007, ch. 370, § 1; P.L. 2008, ch. 9, art. 5, § 1; P.L. 2015, ch. 141, art. 9, § 1; P.L. 2018, ch. 47, art. 9, § 1.
Housing aid shall not be provided for the purchase of furniture, fixtures and equipment except in the case of a project to construct a new school or new school addition that is also supported by a general obligation or lease revenue bond. Housing aid shall not be provided for projects supported by capital lease agreements that: (1) are not lease purchase agreements; (2) do not demonstrate a direct benefit to the school nor are located on school property; and (3) do not exclude all non-capital costs such as maintenance costs prior to the request for reimbursement.
History of Section. P.L. 2003, ch. 376, art. 9, § 6.
(a) If an audit or subsequent review by the commissioner of elementary and secondary education determines that a community was overpaid school housing aid, the community shall repay the determined amount over a number of years that is calculated by dividing the total amount of the overpayment by the total amount of revenues reported by the school district for the most recently completed fiscal year.
(b) If the percentage derived from section (a) above is one-half percent (0.5%) or less, the community shall repay the entire amount of the overpayment in the same fiscal year in which the overpayment is determined.
(c) If the percentage derived from section (a) above is greater than one-half percent (0.5%), the community shall repay the amount of the overpayment over a number of years that equals the percentage derived from section (a) divided by one-half percent (0.5%).
(d) Repayments of more than one year shall be made in equal installments over the term derived from section (c) above. The department of elementary and secondary education will submit an invoice to the community on July 1st.
(e) If the department of elementary and secondary education has not received the required amount by June 30 of the applicable fiscal year, education aid for the community calculated pursuant to § 16-7.1-15 shall be reduced by the amount due.
(f) If the entire overpayment is not received in full in the first year, interest will be applied annually at a rate equal to the consumer price index.
History of Section. P.L. 2009, ch. 5, art. 13, § 2.
The general assembly shall annually appropriate those sums that it may deem necessary to carry out the purposes of §§ 16-7-35 to 16-7-47, and the state controller is authorized and directed to draw his or her orders upon the general treasurer for the payment of the sum, or so much of it as may be required from time to time, upon the receipt by the controller of properly authenticated vouchers. In the event that the full amount of housing aid has not been appropriated in a particular fiscal year, school housing aid will not be ratably reduced. In such cases, aid computed for school housing costs for debt service which has been paid by the local community prior to project completion will be deferred. Such aid will be paid within three (3) equal installments beginning the fiscal year after project completion. This deferral provision shall only be applicable if the computed aid for debt service paid by the local community prior to project completion exceeds five hundred thousand dollars ($500,000).
History of Section. P.L. 1960, ch. 26, § 11; P.L. 2010, ch. 23, art. 13, § 3.
[Repealed]
History of Section. P.L. 1960, ch. 26, § 13; Repealed by P.L. 1987, ch. 288, § 1, effective June 30, 1987. For present provision of law, see § 16-7-33.
The provisions of §§ 16-7-35 to 16-7-47 shall be in addition to any and all state aid for education as provided in any other general or special law.
History of Section. P.L. 1960, ch. 26, § 14.
History of Section. P.L. 1993, ch. 138, art. 77, § 5; Repealed by P.L. 1994, ch. 70, art. 15, § 2, effective July 1, 1994.
(a) Legislative intent. (1) The intent of this legislation is to enact a comprehensive state education aid funding program which addresses four (4) fundamental principles:
(i) Closing the inequitable resource gaps among school districts and schools;
(ii) Closing inequitable gaps in performance and achievement among different groups of students, especially those correlated with poverty, gender, and language background;
(iii) Targeting investments to improve student and school performance; and
(iv) Establishing a predictable method of distributing state education aid in a manner that addresses the over-reliance on the property tax to finance education.
(2) This legislation is further designed to accelerate the implementation of the State Comprehensive Education Strategy. The strategy is an action plan for ensuring that all children achieve at high levels and become lifelong learners, productive workers, and responsible citizens. The standard for expected student achievement is currently being set at a high level both by the board of regents and in Rhode Island’s districts and schools. High standards must be supported and these expectations must now be reached by all our students. All the state’s children must enjoy the success that comes with proficiency in skill and knowledge.
(b) Evaluation of success. Improved student and school performance is the key measure of the success of Rhode Island’s schools. This success cannot occur without investment based on the four (4) fundamental principles as stated in subsection (a) of this section. The success of these investments shall be evaluated based on: accountability for student and school performance; accountability in terms of whether the state’s investment is sufficiently adequate and equitable to support improvement in performance; and on accountability for district and school expenditures.
History of Section. P.L. 1997, ch. 30, art. 31, § 1; P.L. 1998, ch. 31, art. 31, § 1.
(a) The board of regents shall adopt and publish statewide standards of performance and performance benchmarks in core subject areas, to include writing and mathematics (grades four (4), eight (8), and ten (10)). These standards and performance benchmarks shall be ratified by the board and implemented and performance standards and performance benchmarks for reading in two (2) grades shall be added.
(b) Districts and schools need to be held accountable for student performance results. Therefore, every school district receiving state education aid under this title shall develop a district strategic plan. The district strategic plan shall: (1) Be based on high academic standards for student performance consistent with the statewide standards and benchmarks; (2) Be the product of a shared communitywide process that defines a vision of what students should know and be able to do; (3) Address the needs of each school in the district; (4) Encourage the development of school-based improvement planning and implementation; (5) Include a process for mentoring of new teachers; (6) Be designed to improve student achievement with emphasis on closing the performance gaps among groups of students, such as the performance gaps correlated with poverty, gender, language background, and disability; (7) Include establishment of student intervention teams to address the instructional needs of diverse learners, include high standards of student behavior designed to create an orderly educational environment with due regard for the rights of students, and an asset protection plan; and (8) Be consistent with Rhode Island’s comprehensive education strategy. In order to ensure the most efficient use of resources implementing strategic plans, districts and schools are encouraged to work together as consortia and as part of the regional collaboratives.
(c)(1) The strategic plan shall include strategies to improve the performance of students in mathematics, reading, and writing. Each plan must describe a scientific research-based, as described in the No Child Left Behind Act of 2001, Title 1, Part B, § 1208 [20 U.S.C. § 6368], reading instruction to improve the reading skills of all students in the early grades (kindergarten through grade five (5)) that is aligned with the board of regents reading policy. The district must develop, implement, and evaluate a personal literacy program for each student in these grades who is performing below grade level. These strategies shall be based on the adequate yearly progress expected for students and schools. Annual performance targets for determining whether schools and districts have made adequate yearly progress will be set by the commissioner of elementary and secondary education. The general assembly expects these district strategies to increase the number of fourth grade students performing at, or above, the proficient standard in mathematics, reading, and writing in each district and school. The increase shall be established annually in accordance with § 16-7.1-4.
(2) The general assembly recognizes the contribution of school counselors to positive educational change; to the implementation of the No Child Left Behind Act of 2001; and to the success of students in three (3) developmental domains: academic, career, and personal/social. It endorses the National Standards for School Counseling Programs as developed by the American School Counselor Association (ASCA). Further, the general assembly encourages every district to implement a K-12 standards-based, comprehensive, developmental school counseling program. The general assembly further encourages every district to provide professional development opportunities for school counselors that focus on best practices in collaborating with business, industry, and other community organizations to create internships and apprenticeships for secondary students.
(d) Each strategic plan must indicate the manner in which self-studies will be completed at the school level in accordance with guidelines established by the commissioner. Funds shall be appropriated to the department of elementary and secondary education to assist districts with on-site reviews. Schools to be visited shall be determined by the commissioner.
(e) Each strategic plan must indicate the method in which school administrators and staff shall achieve and maintain an orderly educational environment in accordance with due process and with due regard for the rights of students.
(f) Each strategic plan shall include the development of inter-agency agreements for the coordination of services among state and local agencies responsible for service to children and families. These agreements shall address the identification and provision of services to pre-school children with disabilities and children and youth with behavioral healthcare needs.
(g) All district strategic plans and annual updates shall be submitted to the commissioner of elementary and secondary education no later than May 1 of each year.
(h) All strategic plans shall include strategies to decrease obesity and improve the health and wellness of students and employees through nutrition, physical activity, health education, and physical education. Said strategies shall be submitted by May 1st of each year to the Rhode Island department of elementary and secondary education and the Rhode Island department of health.
History of Section. P.L. 1997, ch. 30, art. 31, § 1; P.L. 1998, ch. 31, art. 31, § 1; P.L. 1999, ch. 31, art. 23, § 2; P.L. 2000, ch. 267, § 1; P.L. 2001, ch. 77, art. 22, § 2; P.L. 2002, ch. 65, art. 18, § 1; P.L. 2004, ch. 184, § 1; P.L. 2004, ch. 244, § 1; P.L. 2005, ch. 74, § 2; P.L. 2005, ch. 76, § 2; P.L. 2014, ch. 438, § 1; P.L. 2014, ch. 459, § 1.
All school districts shall implement a uniform program to track educational expenditures and investments. All school districts shall prepare annual reports of its programs which shall be submitted to the department of elementary and secondary education by July 31 of each year. The business office in each school district shall annually declare that the facts and figures presented in the district expenditure report are accurate to the best of their knowledge. In the event that a report is not submitted within thirty days of July 31, state educational aid to the school district may be withheld. In addition, each school committee shall annually ratify the district expenditure report and transmit the report to the commissioner of elementary and secondary education no later than September 30 of each year. Furthermore, the commissioner of elementary and secondary education in conjunction with the Rhode Island Association of School Business Officials shall determine the feasibility of and implement when appropriate a standard chart of accounts for all school districts. If implemented, the municipalities shall integrate use of this chart of accounts with municipal accounts as appropriate.
History of Section. P.L. 1997, ch. 30, art. 31, § 1; P.L. 1998, ch. 31, art. 31, § 1; P.L. 2005, ch. 117, art. 13, § 1.
On or before March 31 of each year, the commissioner of elementary and secondary education shall annually publish a report detailing school district and individual school performance consistent with § 16-60-4(22). This report shall also set annual performance benchmarks. Also, the commissioner of elementary and secondary education shall report to the house of representatives and the senate, sitting as the grand committee, no later than March 31 of each year, the status of district and school performance, status of the level of the state’s investment in education, and the status of district and school expenditures.
History of Section. P.L. 1997, ch. 30, art. 31, § 1; P.L. 1998, ch. 7, § 1.
(a) The board of regents shall adopt a series of progressive support and intervention strategies consistent with the Comprehensive Education Strategy and the principles of the “School Accountability for Learning and Teaching” (SALT) of the board of regents for those schools and school districts that continue to fall short of performance goals outlined in the district strategic plans. These strategies shall initially focus on:
(1) Technical assistance in improvement planning, curriculum alignment, student assessment, instruction, and family and community involvement;
(2) Policy support;
(3) Resource oversight to assess and recommend that each school has adequate resources necessary to meet performance goals; and
(4) Creating supportive partnerships with education institutions, business, governmental, or other appropriate nonprofit agencies.
If after a three-year (3) period of support there has not been improvement in the education of students as determined by objective criteria to be developed by the board of regents, then there shall be progressive levels of control by the department of elementary and secondary education over the school budget, program, and/or personnel. This control by the department of elementary and secondary education may be exercised in collaboration with the school district and the municipality. If further needed, the school shall be reconstituted. Reconstitution responsibility is delegated to the board of regents and may range from restructuring the school’s governance, budget, program, personnel, and/or may include decisions regarding the continued operation of the school. The board of regents shall assess the district’s capacity and may recommend the provision of additional district, municipal, and/or state resources. If a school is under the board of regents’ control as a result of actions taken by the board pursuant to this section, the local school committee shall be responsible for funding that school or school district at the same level as in the prior academic year increased by the same percentage as the state total of school aid is increased.
(b) This intervention, support, and control by the department of elementary and secondary education as authorized by this section may only be exercised in up to two (2) schools within one school district at any given time. Provided, the provisions of this subsection shall not apply to any such intervention, support, and control which has been initiated and is in effect prior to or as of July 1, 2025.
History of Section. P.L. 1997, ch. 30, art. 31, § 1; P.L. 1998, ch. 31, art. 31, § 1; P.L. 2002, ch. 65, art. 18, § 1; P.L. 2003, ch. 376, art. 9, § 7; P.L. 2004, ch. 595, art. 23, § 5; P.L. 2005, ch. 117, art. 13, § 1; P.L. 2006, ch. 246, art. 19, § 2; P.L. 2025, ch. 359, § 1, effective July 1, 2025; P.L. 2025, ch. 360, § 1, effective July 1, 2025.
(a) No later than September 1, 2022, and in order to assess the Providence school district across multiple measures of district performance and student success, the commissioner shall update the turnaround action plan released June 23, 2020 (the “turnaround plan”), to include measurable annual goals including, but not limited to, the following:
(1) Student attendance and suspension rates;
(2) Student safety and discipline;
(3) Student promotion, graduation, and dropout rates;
(4) Student achievement on the Rhode Island comprehensive assessment system;
(5) Progress in areas of academic underperformance;
(6) Progress among subgroups of students, including low-income students, English learners, and students receiving special education;
(7) Reduction of achievement gaps among different groups of students;
(8) Student acquisition and mastery of twenty-first century skills;
(9) Development of college readiness, including at the elementary and middle school levels;
(10) Parent and family engagement;
(11) Building a culture of academic success among students;
(12) Building a culture of student support and success among faculty and staff;
(13) Recruitment and retention of a qualified, diverse workforce;
(14) Staffing ratios and teacher vacancies;
(15) Health and safety of facilities; and
(16) Developmentally appropriate child assessments, if applicable.
(b) Effective March 1, 2023, and for the duration of the turnaround, the Providence school board shall meet at least monthly, and more frequently if necessary, to provide public input of district performance and implementation of turnaround strategies. The Providence school board shall have, at a minimum, the following powers and duties:
(1) To review and advise the commissioner on the appointment of senior school district administrators, provided that the Providence school board shall not have the authority to appoint senior school district administrators so long as the turnaround plan is in effect;
(2) To advise the commissioner on districtwide policy, provided that the Providence school board shall not have the authority to establish districtwide policy so long as the turnaround plan is in effect;
(3) To review progress toward annual performance measures;
(4) To receive feedback from stakeholders on the implementation of the turnaround plan;
(5) To establish appropriate advisory committees as needed to provide guidance on the implementation of the turnaround plan; and
(6) Any other duties delegated to the Providence school board by the commissioner or the council on elementary and secondary education (the “council”).
(c)(1) The order of reconstitution and control, issued October 15, 2019, shall be authorized for a period of not more than five (5) years from issuance. The commissioner and turnaround superintendent may jointly develop additional components of the turnaround plan and shall jointly develop annual goals for each component of the plan in a manner consistent with this section. The superintendent shall be responsible for meeting the goals of the turnaround plan.
(2) The commissioner and superintendent shall provide a written report to the Providence school board at a minimum, on a biannual basis to provide specific information about the progress being made on the implementation of the district’s turnaround plan. One of the quarterly reports shall include progress toward annual measures, pursuant to this section.
(3) The commissioner shall evaluate the performance of the superintendent on not less than an annual basis. The purpose of such evaluation shall be to assess the implementation of the turnaround plan and determine whether the district has met the annual goals contained in the turnaround plan. The evaluation shall be in writing and submitted to the council and the Providence school board no later than July 1 for the preceding school year.
(4) If the commissioner determines that the district has met the annual performance goals stated in the turnaround plan, the evaluation shall be considered sufficient and the implementation of the turnaround plan shall continue.
(5) If the commissioner determines that the superintendent has not met one or more goals in the plan and the failure to meet the goals may be corrected through reasonable modification of the plan, the commissioner, after consultation with the Providence school board and with the approval of the council, may amend the turnaround plan.
(6) If the commissioner determines that the superintendent has substantially failed to meet multiple goals in the turnaround plan, the commissioner may terminate such superintendent.
(d)(1) The council shall adopt regulations providing for:
(i) The end of turnaround status; and
(ii) The transfer of the operation of a school district from the Rhode Island department of elementary and secondary education to the school committee and municipal control.
(2) The regulations shall include provisions to allow a district to retain measures adopted in a turnaround plan for a transitional period if, in the judgment of the commissioner, the measures would contribute to the continued improvement of the district. Such regulations shall also include provisions that clearly identify the conditions under which such a transitional period shall end and the powers granted to the commissioner and council under this section shall cease to apply to the district.
(e) If, on the basis of the regulations adopted by the council pursuant to subsection (d) of this section, the Providence school district has not improved sufficiently to remove the district from turnaround status, the commissioner may, after consultation with the Providence school board and with the approval of the council:
(1) Determine subsequent annual goals for each component of the turnaround plan with the turnaround superintendent, and renew the turnaround plan for an additional period of not more than three (3) years; and
(2) Create a new turnaround plan, consistent with the requirements of this section.
History of Section. P.L. 2022, ch. 263, § 1, effective July 2, 2022; P.L. 2022, ch. 264, § 1, effective July 2, 2022.
For the duration of the effective period of the order of reconstitution and control, any collective bargaining agreement entered into on behalf of the Providence public school district shall not take effect until ratified by the council on elementary and secondary education at a public hearing held no earlier than seven (7) days after the terms of a tentative agreement ratified by the union are made public.
History of Section. P.L. 2023, ch. 185, § 1, effective June 22, 2023; P.L. 2023, ch. 186, § 1, effective June 22, 2023.
The general assembly recognizes that Rhode Island cities and towns primarily rely on the local property tax to finance education programs, and that the state’s highest effective property tax rates are concentrated in the state’s urban communities. Therefore, certain communities, because of low tax capacity and high tax effort, are unable to appropriate sufficient funds for the support of core instructional programs. The general assembly also recognizes the need to reduce inequities in resource distribution among the state’s cities and towns as well as among the state’s districts and schools. Therefore, the general assembly establishes the Core Instructional Equity Fund to improve the capacity of cities and towns to support the core instruction activities that are the basis of daily teaching and learning in all classrooms. The general assembly shall annually appropriate and distribute some sum to meet these needs. The sum shall be distributed based upon the following formula:
(1) Data. Data used for the following calculations are defined as follows:
(i) Population (state and municipal) shall be included from the most recent census;
(ii) Equalized weighted assessed valuations (EWAV) from the most recently completed and certified study pursuant to § 16-7-21;
(iii) Most recent tax data certified by the local assessors to the department of administration, and core instructional per pupil cost as determined by the commissioner of elementary and secondary education;
(iv) Most recent resident average daily membership (ADM) pursuant to § 16-7-22;
(2) Methodology.
(i) Community Property Tax Capacity Index Calculation
Calculate statewide tax rate:
Step 1: total statewide property tax yield/total statewide property tax base (EWAV) = state average tax rate
Step 2: calculate statewide yield per capita:
Total statewide property tax yield/state population (most recent census) = state property tax yield per capita
Step 3: calculate municipal property tax yield per capita:
Municipal property tax yield/population = municipal property tax yield per capita
Step 4: calculate municipal property tax capacity:
(Municipal property tax yield per capita/state property tax yield per capita) * 100 = Community property tax capacity index
(ii) Total Tax Capacity Index Calculation:
Step 5: calculate community hypothetical property tax yield per capita:
(Statewide tax rate * municipal property tax base (EWAV))/community population = Hypothetical community property tax yield per capita
Step 6: calculate total tax capacity index:
(Hypothetical municipal yield per capita/state average property tax yield per capita)
(iii) Tax Effort Index Calculation:
Calculate property tax effort calculation:
Step 7: (Municipal property tax yield per capita/hypothetical municipal property tax yield per capita) * 100 = Property Tax Effort Index
(iv) Capacity/Effort Index
Calculation of the equity index:
Step 8: (Property tax capacity index/tax effort index = Equity index
(v) Instructional Cost Per Pupil
Calculate the instructional cost per ADM:
Step 9: core instructional district cost/district ADM = per pupil core instructional district cost
Step 10: select the statewide average per pupil instructional cost
Step 11: state average per pupil core instructional cost - district per pupil core instructional cost = core gap
Step 12: core gap * ADM = weighted difference.
(3) Eligibility to receive funds. Only those districts which have a gap in instructional core funding and which have capacity of less than 0.50 per the equity index are eligible to receive funds under this provision.
(4) For FY 2003, districts shall receive the greater of the dollar amount received in FY 2002 or the dollar amount calculated as the FY 2003 entitlement. For FY 2003, ten percent (10%) of these funds shall, in addition to the purposes enumerated above, be used to increase student and school performance, and shall be only spent with the prior approval of the commissioner of elementary and secondary education.
History of Section. P.L. 1997, ch. 30, art. 31, § 1; P.L. 2001, ch. 86, § 33; P.L. 2002, ch. 65, art. 18, § 1.
[Repealed]
History of Section. P.L. 1997, ch. 30, art. 31, § 1; Repealed by P.L. 1998, ch. 31, art. 31, § 2, effective July 1, 1998.
The general assembly recognizes the need to improve fourth grade performances in mathematics, reading, and writing. Therefore, the general assembly establishes the Student Equity Investment Fund to target students identified as those requiring additional educational services. The general assembly shall annually appropriate some sum and distribute it based on each district’s proportion of resident children eligible for USDA reimbursable school meals relative to the total number of eligible students statewide. For the purposes of this section, the date as of eligibility for USDA reimbursable meals shall be determined by the June report of the reference year as defined in § 16-7-16. These resources shall be used to close student performance gaps in accordance with the district’s strategic plan pursuant to § 16-7.1-2. Beginning in FY 2003, the commissioner of elementary and secondary education may require a district to use up to five percent (5%) of the funds allocated by this section to increase student and school performance. The five percent (5%) set aside funds shall only be spent with the prior approval of the commissioner of elementary and secondary education.
History of Section. P.L. 1997, ch. 30, art. 31, § 1; P.L. 2002, ch. 65, art. 18, § 1; P.L. 2003, ch. 373, § 1; P.L. 2003, ch. 374, § 1; P.L. 2003, ch. 376, art. 9, § 7.
The general assembly recognizes the strength Rhode Island’s growing cultural diversity brings to the overall economic and social health of the state. Therefore, the general assembly establishes the Student Language Assistance Investment Fund to target state resources to assist students who require additional language educational services. The general assembly shall annually appropriate some sum and distribute it based on each district’s proportion of limited English proficiency students statewide in the reference year as defined in § 16-7-16. These resources shall be used to close student performance gaps in accordance with the district’s strategic plan pursuant to § 16-7.1-2.
History of Section. P.L. 1997, ch. 30, art. 31, § 1; P.L. 2005, ch. 117, art. 13, § 1.
(a) In order to continue developing the skills of Rhode Island’s teachers, administrators and staff, the general assembly establishes a Professional Development Investment Fund. The general assembly shall annually appropriate some sum and distribute it based on a pupil-teacher ratio that shall be adjusted annually by the commissioner of elementary and secondary education. School districts, including collaboratives established pursuant to chapter 3.1 of this title, may use funds received under this category of education aid to replace up to, but no more than, fifty percent (50%) of the amount the school district spent for professional development programs in the previous fiscal year. The expenditure of these funds shall be determined by a committee at each school consisting of the school principal, two (2) teachers selected by the teaching staff of the school, and two (2) parents of students attending the school. Schools that enroll students in the early grades (kindergarten through grade three (3)) must expend these funds on the development of scientific research based, as described in the No Child Left Behind Act of 2001, Title 1, Part B, Section 1208 [20 U.S.C. § 6368], reading instruction to improve students reading performance.
Schools that have met their performance targets in reading for the current academic year and are not designated as a school in need of improvement, may expend their Professional Development Investment Funds on professional development in the core academic subjects of mathematics, writing, or reading to improve student performance.
Collaborative programs between schools are encouraged. These resources shall be used to close student performance gaps in accordance with the school’s and district’s strategic plan pursuant to § 16-7.1-2. Additional funds shall be allocated to the department of elementary and secondary education to support teacher and administrator professional development in all districts, including, but not limited to:
(1) Supporting mentoring systems;
(2) Providing school districts with program support to assist teachers in local school districts to improve reading instruction and enhance the integration of reading throughout the curriculum with the goal of improving student performance to high standards;
(3) Support for the design and implementation of leadership development for the teacher to assume leadership roles or ultimately prepare for administrator;
(4) Development of a plan for formal training of school leaders in standards based instruction, school improvement planning, effective use of data in the decision-making process, community involvement and creation of governance structures;
(5) Support for national board certification of teachers, application fees for a certificate of clinical competence issued by the American speech-language hearing association, and grants for coordination and support of school based teacher professional development; and
(6) The practice of scientific research based reading instruction to improve reading performance.
(b) In FY 2003, the additional funds allocated to the department of elementary and secondary education pursuant to this section shall be used only to support the activities described in subdivisions (a)(2) and (a)(5) of this section.
(c) Out of the funds appropriated by the general assembly for professional development in subsection (a) of this section, twenty-five percent (25%) shall be set aside for district-wide professional development activities. The expenditure of this district-wide professional development set-aside shall be determined by a committee in each district consisting of the superintendent or his or her designee, three (3) teachers appointed by the collective bargaining agent, and one member of the Rhode Island department of elementary and secondary education field service team servicing that school district designated by the commissioner of elementary and secondary education. The expenditure must be aligned with the district strategic plan as well as ongoing professional development programs approved by the department of elementary and secondary education. Collaborative programs between school districts are permissible.
(d) Beginning in FY 2006, professional development funds shall only be spent with the prior approval of the commissioner of elementary and secondary education upon submission of a district level plan which incorporates the school level plans and which details the use of the funds. These plans shall to the extent possible call for professional development activities that are embedded or do not otherwise encroach upon student instruction time. The requirements of this paragraph shall apply to both district-wide professional development activities and professional development activities determined by the school-level committees.
(e) In FY 2009 payments from the professional development investment fund are hereby suspended through June 30, 2009. Notwithstanding, school districts may continue to maintain professional development programs and may reduce other education programs to achieve savings.
(f) In FY 2010 payments from the professional development investment fund are hereby suspended through June 30, 2010. Notwithstanding, school districts may continue to maintain professional development programs and may reduce other education programs to achieve savings.
History of Section. P.L. 1997, ch. 30, art. 31, § 1; P.L. 1998, ch. 31, art. 31, § 1; P.L. 1999, ch. 31, art. 23, § 3; P.L. 2002, ch. 65, art. 18, § 1; P.L. 2002, ch. 400, § 1; P.L. 2003, ch. 219, § 1; P.L. 2003, ch. 310, § 1; P.L. 2003, ch. 321, § 1; P.L. 2003, ch. 337, § 1; P.L. 2003, ch. 376, art. 9, § 7; P.L. 2004, ch. 456, § 1; P.L. 2005, ch. 117, art. 13, § 6; P.L. 2009, ch. 5, art. 13, § 1; P.L. 2009, ch. 68, art. 3, § 1.
The general assembly establishes the Early Childhood Student Investment Fund to provide schools and teaching staff for the early grades with resources to begin improving student performance and to provide early care and pre-kindergarten programs. The general assembly shall annually appropriate some sum and distribute it based on each district’s proportion of their average daily membership for grades kindergarten through and including third grade in the reference year as defined in § 16-7-16 relative to the statewide average daily membership for the same grades in the same fiscal year. For purposes of this section, average daily membership for grades kindergarten through and including third grade is determined in § 16-7-22. These resources shall be used to close student performance gaps in accordance with the district’s strategic plan pursuant to § 16-7.1-2. These early childhood investment funds shall be used in coordination with the literacy set-aside funds, chapter 67 of this title. In addition, these funds may be used for early childhood pilot programs, including Child Opportunity Zones (COZs), that; (1) combine and/or leverage some or all of the following state, federal and/or local funds insofar as allowable: student equity investment fund; literacy set-aside; special education funds; Title I funds; and any other appropriate funds; (2) that focus on beginning to improve student performance through developmentally appropriate early childhood education and integrated social and health service support. Funding emphasis for early childhood programs shall be given by the districts to the schools serving concentrations of at-risk students and shall be integrated with programs for special needs students; all day kindergarten programs may be funded; and school links shall be made with programs and students to facilitate full assessment of students’ school readiness and needs prior to entry into first grade and to help receiving schools meet the entering child’s needs. Programs shall include the development and expansion of child care providers, the development of innovative start-up arrangements linked to small businesses, the development of programs and providers in geographically underserved areas, the establishment of before and after school programs with priority to be given to programs linked to schools, to infant/toddler programs, programs related to child opportunity zone family centers, and programs that serve children with special health needs or developmental risks. A district may not fund any program that does not meet standards as established by the board of regents. Districts may contract for services with programs which meet board of regents standards. Any program that receives funds under this section must keep records on the children’s attendance and progress so that data will be available to conduct longitudinal studies.
History of Section. P.L. 1997, ch. 30, art. 31, § 1; P.L. 1998, ch. 31, art. 31, § 1.
(a) Beginning in fiscal year 2001, the general assembly shall appropriate and distribute to each locally or regionally operated district a sum equal to the number of full-time kindergarten students reported as a member of each district as of the reference year as defined in § 16-7-16(11) times a per pupil amount, which shall be:
(1) Fifteen hundred dollars ($1,500) for those districts with a tax effort index of below 0.6 as calculated pursuant to § 16-7.1-6;
(2) One thousand dollars ($1,000) for those districts with a tax effort index of below 1.0 as calculated pursuant to § 16-7.1-6; and
(3) Five hundred dollars ($500) for all other districts.
(b) Funding under this section shall be in addition to any and all other aid received by the district, including aid received under this chapter, chapter 77.1 of this title, and any minimum increase of aid provided for under § 16-7.1-15.
(c) For fiscal year 2007, aid received pursuant to this section shall be equal to aid received in the fiscal year 2006 enacted budget by the 2005 general assembly.
History of Section. P.L. 2000, ch. 55, art. 20, § 2; P.L. 2001, ch. 77, art. 22, § 2; P.L. 2005, ch. 117, art. 13, § 1; P.L. 2006, ch. 246, art. 19, § 7.
The general assembly establishes the Student Technology Investment Fund to provide schools and teaching staff with up-to-date educational technology and training to help students meet the demands of the 21st century. Rhode Island’s Comprehensive Education Strategy calls for providing support to all schools for educational technology. The funds may be used for: curriculum development to improve teaching and learning, in-service professional development to support the effective use of technology in schools; and infrastructure requirements such as equipment, technology related instructional materials, software and networking of systems. These resources shall be used to close student performance gaps in accordance with the district’s strategic plan pursuant to § 16-7.1-2 and be consistent with the technology plan of the Rhode Island Comprehensive Strategy. The general assembly shall annually appropriate some sum and distribute it based on each district’s proportion of their average daily membership in the reference year as defined in § 16-7-16. For purposes of this section, average daily membership shall be defined in § 16-7-22. School districts may use funds received under this category of education aid to replace up to, but no more than, thirty five percent (35%) of the amount the school district spent for technology related expenditures in the previous fiscal year. District plans for the use of technology shall be reviewed by the legislative technology task force.
History of Section. P.L. 1997, ch. 30, art. 31, § 1; P.L. 1998, ch. 31, art. 31, § 1.
[Repealed]
History of Section. P.L. 1997, ch. 30, art. 31, § 1; Repealed by P.L. 2014, ch. 336, § 2, effective July 3, 2014; P.L. 2014, ch. 337, § 2, effective July 3, 2014.
The special joint commission established in § 16-79-2 supports the funding program established in § 16-7.1-15 and shall continue to assess its effectiveness as a comprehensive state education aid funding program. The commission will examine the needs of pre-kindergarten aged children and adult education programs. The commission will also examine compensation and benefit programs of persons employed in public education.
History of Section. P.L. 1997, ch. 30, art. 31, § 1; P.L. 1998, ch. 31, art. 31, § 1.
(a) Each locally or regionally operated school district shall receive as a base the same amount of school aid as each district received in fiscal year 1997-1998, adjusted to reflect the increases or decreases in aid enacted to meet the minimum and maximum funding levels established for FY 2000 through FY 2008. Each school district shall also receive school aid through each investment fund for which that district qualifies pursuant to §§ 16-7.1-8, 16-7.1-9, 16-7.1-10, 16-7.1-11, 16-7.1-12, 16-7.1-16 and 16-7.1-19. These sums shall be in addition to the base amount described in this section. For FY 2009 and FY 2010, the reference year for the data used in the calculation of aid pursuant to § 16-7.1-8, § 16-7.1-9, § 16-7.1-10, § 16-7.1-11, § 16-7.1-11.1, § 16-7.1-12, § 16-7.1-16, § 16-7.1-19 and 16-77.1-2(b) shall be FY 2004. Calculation and distribution of education aid under §§ 16-5-31, 16-5-32, 16-7-20, 16-7-20.5, 16-7-34.2, 16-7-34.3, 16-24-6, 16-54-4, and 16-67-4 is hereby suspended. Provided, however, calculation and distribution of education aid under § 16-7.1-10 is suspended for FY 2009 and FY 2010. School districts may continue to maintain professional development programs and may reduce other education programs to achieve savings during FY 2009 and FY 2010. The funding of the purposes and activities of chapter 67 of this title, the Rhode Island Literacy and Dropout Prevention Act of 1967, shall be the same amount of the base amount of each district funded for that purpose in fiscal year 1997-1998. In addition each district shall expend three percent (3%) of its student equity and early childhood funds under the provisions of chapter 67 of this title.
(b) Funding for full day kindergarten programs in accordance with § 16-7.1-11.1 shall be in addition to funding received under this section.
(c) Funding distributed under §§ 16-77.1-2(b) and 16-64-1.1 shall be in addition to funding distributed under this section.
(d) For FY 2009, aid to school districts shall be reduced by the equivalent savings that are realized due to a reduction of payments to the teachers’ retirement system. The reduction for the Chariho regional school district shall be prorated among the member communities. In addition, for FY 2009 aid to school districts shall be reduced by any amount of previously appropriated school housing aid determined to be ineligible for reimbursement in accordance with § 16-7-44.2. For FY 2009 aid shall also be reduced by the amount of projected revenue for the period December 1, 2008 through June 30, 2009 from the permanent school fund. The projected revenue shall be determined by annualizing actual earnings from the period May 12, 2008 through November 30, 2008. The department of elementary and secondary education shall reduce aid in two equal installments, payable in May and June; provided however, that East Providence shall receive one payment of reduced aid in May.
For FY 2009, aid to school districts shall include thirty eight million, three hundred twenty-four thousand, eight hundred twenty-two dollars ($38,324,822) from federal fiscal stabilization funds offset by a like reduction from general revenues. The distribution shall be in the same proportion as general operating aid.
(e) Districts shall comply with the assurances and reporting requirements provided in the federal guidance for the (ARRA) allocation and by the commissioner of elementary and secondary education.
(f) There shall be an appropriation to ensure that total aid distributed to communities in FY 2010 under this section and §§ 16-7.1-11.1, 16-64-1.1 and 16-77.1-2(b) and excluding any FY 2009 Stabilization reappropriations shall be as follows:
| | | | FY 2010 | | | --- | --- | --- | --- | --- | | | | | Stimulus Fiscal | | | | | | Stabilization | | | General Revenues | Allocation | | | | | Barrington | 1,629,678 | | 170,513 | | | Burrillville | 12,220,612 | | 948,730 | | | Charlestown | 1,590,767 | | 134,864 | | | Coventry | 16,912,980 | | 1,365,674 | | | Cranston | 29,622,695 | | 2,410,080 | | | Cumberland | 11,066,294 | | 900,586 | | | East Greenwich | 1,321,451 | | 129,312 | | | East Providence | 23,047,872 | | 1,833,360 | | | Foster | 1,208,609 | | 96,527 | | | Glocester | 2,754,277 | | 219,128 | | | Hopkinton | 5,323,835 | | 425,441 | | | Jamestown | 356,229 | | 35,124 | | | Johnston | 8,971,463 | | 730,358 | | | Lincoln | 5,884,774 | | 499,702 | | | Little Compton | 267,222 | | 24,622 | | | Middletown | 8,937,990 | | 715,319 | | | Narragansett | 1,314,267 | | 125,872 | | | Newport | 10,104,222 | | 808,465 | | | New Shoreham | 50,323 | | 6,826 | | | North Kingstown | 9,922,498 | | 813,392 | | | North Providence | 11,311,934 | | 911,004 | | | North Smithfield | 4,055,880 | | 328,814 | | | Pawtucket | 58,731,451 | | 4,584,707 | | | Portsmouth | 5,571,674 | | 454,416 | | | Providence | 168,378,347 | | 13,241,031 | | | Richmond | 5,300,144 | | 422,147 | | | Scituate | 2,712,604 | | 229,942 | | | Smithfield | 4,635,136 | | 388,414 | | | South Kingstown | 8,575,177 | | 714,097 | | | Tiverton | 4,923,363 | | 402,699 | | | Warwick | 31,261,607 | | 2,554,650 | | | Westerly | 5,319,551 | | 460,458 | | | West Warwick | 17,635,159 | | 1,395,236 | | | Woonsocket | 41,636,569 | | 3,244,945 | | | Bristol-Warren | 17,675,687 | | 1,395,455 | | | Exeter-West Greenwich 6,378,147. | | 515,945 | | | | Chariho | 359,704 | | 27,370 | | | Foster-Glocester | 4,878,574 | | 390,339 | | | Central Falls | 40,233,714 | | 3,021,611 | |
In addition to the amounts listed above, the department of elementary and secondary education shall allocate monthly to each school district all funds received into the permanent school fund pursuant to § 42-61.2-7, as amended by chapter 13 of the 2008 Public Laws entitled “An Act Relating to State Affairs and Government”, up to $14.1 million, in the same proportion as the aid distribution in the FY 2009 enacted appropriations act.
This special provision shall not limit entitlements as determined by application of other formula provisions in this section.
(g) For FY 2009 payments to charter public schools shall be reduced by the equivalent savings that are realized due to a reduction of payments to the teachers’ retirement system. The reduction for district sponsored charter schools shall be incorporated in the sponsoring school district’s aid as noted in subsection (f). Aid to charter public schools shall be reduced in the April quarterly payment. For FY 2009, charter public school funding is as follows:
Beacon Charter School 1,512,785
Blackstone Academy 1,469,349
Compass 614,485
Paul Cuffee 4,449,006
CVS Highlander 2,596,782
International 2,863,818
Kingston Hill Academy 736,784
Learning Community 3,669,529
NE Laborer's 1,508,866
Textron 2,361,370
Times 2 Academy 6,870,410
(h)(1) For FY 2010, payments to charter public schools shall be reduced by the equivalent savings that are realized due to a reduction of payments to the teachers’ retirement system. The reduction for district sponsored charter schools shall be incorporated in the sponsoring schools district’s aid as noted in subsection (f). For FY 2010, payments to charter public schools shall be reduced by one million four hundred sixty-three thousand three hundred sixty-seven dollars ($1,463,367) based on the charter schools’ share of total FY 2009 enacted education aid, including school districts and state schools. For FY 2010, a distribution of stabilization funds per the American Recovery and Reinvestment Act (ARRA) totaling one million four hundred seventy-one thousand eighty-seven dollars ($1,471,087) shall be allocated to charter public schools proportionately based on their share of total FY 2009 enacted education aid, including school districts and state schools.
(2) For FY 2010, payments to charter public schools shall be further reduced by one million one hundred fifty-eight thousand one dollars ($1,158,001) based on the charter schools’ share of total FY 2010 originally enacted education aid. For FY 2010, an additional distribution of stabilization funds per the American Recovery and Reinvestment Act (ARRA) totaling one hundred ninety-seven thousand seven hundred fifty-two dollars ($197,752) shall be allocated to charter public schools proportionately based on their share of total FY 2010 originally enacted education aid.
(3) Public charter schools shall comply with the assurances and reporting requirements provided in the federal guidance for the (ARRA) allocation and by the commissioner of elementary and secondary education.
(i) There shall be deducted from the final aid payment to each school district any amounts owed to the state at the end of the fiscal year for transportation of the district’s students under the statewide transportation system established pursuant to R.I.G.L. 16-21.1-7 and 16-21.1-8. Districts shall receive monthly invoices summarizing the basis of the transportation fees charged. Any such deductions in aid shall be transferred to the statewide student transportation services restricted receipt account.
(j) The provisions of R.I.G.L. 16-26-7.1 notwithstanding, districts shall be assessed tuition to cover the costs of educational services that are additional to the core deaf and hard of hearing education program that is provided to resident students at the Rhode Island School for the Deaf. This tuition shall be based on a graduated tuition schedule that is based on the varying needs of students. The department of elementary and secondary education shall develop and implement the schedule. Districts shall receive monthly invoices summarizing the basis for the tuition charged. There shall be deducted from the final aid payment to each school district at the end of the fiscal year any amounts owed to the state for these additional educational services.
(k) Children with disabilities. (1) Based on its review of special education within the context of Rhode Island school reform, the general assembly recommends addressing the needs of all children and preventing disability through scientific research based, as described in the No Child Left Behind Act of 2001, Title 1, Part B, Section 1208 [20 U.S.C. § 6368], reading instruction and the development of Personal Literacy Programs for students in the early grades performing below grade level in reading and implement a system of student accountability that will enable the state to track individual students over time. Additionally, the department of elementary and secondary education must provide districts with rigorous criteria and procedures for identifying students with learning disabilities and speech/language impairments. Additional study is required of factors that influence programming for students with low incidence disabilities; those with disabilities that severely compromise life functions; and programming for students with disabilities through urban special education. Alternatives for funding special education require examination.
(2) All departments and agencies of the state shall furnish any advice and information, documentary and otherwise, to the general assembly and its agents that is deemed necessary or desirable by the study to facilitate the purposes of this section.
( l ) For FY 2011, aid to school districts shall be reduced by the equivalent savings that are realized due to a reduction of payments to the teachers’ retirement system. The reduction for the Chariho regional school district shall be prorated among the member communities. For FY 2011, aid to school districts shall be further reduced by twenty million four hundred ninety thousand one hundred thirty-seven dollars ($20,490,137) from the FY 2010 originally enacted level based on the school district’s share of total FY 2010 originally enacted education aid, including aid to state schools and charter schools. For FY 2011, a distribution of federal stabilization funds made available through the American Recovery and Reinvestment Act (ARRA), in the amount of seventeen million four hundred thirty-one thousand nine hundred four dollars ($17,431,904), shall be allocated to school districts proportionately based on their share of total FY 2010 originally enacted education aid, including aid to state schools and charter schools.
(m) There shall be an appropriation to ensure that total aid distributed to communities in FY 2011 under this section and §§ 16-7.1-11.1, 16-64-1.1 and 16-77.1-2(b), excluding any FY 2009 and FY 2010 Stabilization reappropriations, shall be as follows:
| | | | FY 2011 | | | --- | --- | --- | --- | --- | | | | | Stimulus Fiscal | | | | FY 2011 | Stabilization | | | | General Revenues | Allocation | | | | | Barrington | 1,712,863 | | 64,829 | | | Burrillville | 12,736,916 | | 312,396 | | | Charlestown | 1,661,061 | | 47,203 | | | Coventry | 17,646,066 | | 460,504 | | | Cranston | 30,913,084 | | 816,662 | | | Cumberland | 11,548,713 | | 304,926 | | | East Greenwich | 1,280,422 | | 47,289 | | | East Providence | 23,918,627 | | 613,330 | | | Foster | 1,260,670 | | 32,351 | | | Glocester | 2,872,692 | | 73,308 | | | Hopkinton | 5,553,441 | | 142,447 | | | Jamestown | 373,817 | | 13,029 | | | Johnston | 9,362,199 | | 247,456 | | | Lincoln | 6,147,563 | | 173,114 | | | Little Compton | 279,764 | | 8,806 | | | Middletown | 9,323,001 | | 239,745 | | | Narragansett | 1,377,507 | | 46,177 | | | Newport | 10,540,392 | | 271,661 | | | New Shoreham | 53,292 | | 2,789 | | | North Kingstown | 10,356,579 | | 276,550 | | | North Providence | 11,800,998 | | 306,546 | | | North Smithfield | 4,231,887 | | 110,796 | | | Pawtucket | 61,226,793 | | 1,516,531 | | | Portsmouth | 5,828,378 | | 154,719 | | | Providence | 175,422,098 | | 4,405,942 | | | Richmond | 5,528,422 | | 140,975 | | | Scituate | 2,833,854 | | 79,668 | | | Smithfield | 4,765,663 | | 133,614 | | | South Kingstown | 8,953,748 | | 244,944 | | | Tiverton | 5,138,483 | | 136,740 | | | Warwick | 32,626,231 | | 867,483 | | | Westerly | 5,560,097 | | 161,207 | | | West Warwick | 18,390,194 | | 465,058 | | | Woonsocket | 43,284,016 | | 1,072,017 | | | Bristol-Warren | 18,431,734 | | 464,709 | | | Exeter-West Greenwich 6,534,833. | | 174,116 | | | | Chariho | 374,768 | | 8,899 | | | Foster-Glocester | 5,089,030 | | 130,915 | | | Central Falls | 39,893,956 | | 971,688 | |
In addition to the amounts listed above, the department of elementary and secondary education shall allocate monthly to each school district all funds received into the permanent school fund pursuant to § 42-61.2-7, as amended by chapter 13 of the 2008 Public Laws entitled “An Act Relating to State Affairs and Government”, up to $14.1 million, in the same proportion as the aid distribution in the FY 2009 enacted appropriations act.
This special provision shall not limit entitlements as determined by application of other formula provisions in this section.
(n) For FY 2009 payments to charter public schools shall be reduced by the equivalent savings that are realized due to a reduction of payments to the teachers’ retirement system. The reduction for district sponsored charter schools shall be incorporated in the sponsoring school district’s aid as noted in subsection (g). Aid to charter public schools shall be reduced in the April quarterly payment. For FY 2009, charter public school funding is as follows:
Beacon Charter School 1,512,785
Blackstone Academy 1,469,349
Compass 614,485
Paul Cuffee 4,449,006
CVS Highlander 2,596,782
International 2,863,818
Kingston Hill Academy 736,784
Learning Community 3,669,529
NE Laborer's 1,508,866
Textron 2,361,370
Times 2 Academy 6,870,410
(o) For FY 2011, payments to charter public schools shall be reduced by the equivalent savings that are realized due to a reduction of payments to the teachers’ retirement system. The reduction for district sponsored charter schools shall be incorporated in the sponsoring schools district’s aid as noted in subsection (g). For FY 2011, payments to charter public schools shall be further reduced by one million seventy-six thousand nine hundred forty-one dollars ($1,076,941) from the FY 2010 originally enacted education aid based on the charter schools’ share of total FY 2010 enacted education aid, including aid to school districts and state schools. For FY 2011, a distribution of federal stabilization funds made available through the American Recovery and Reinvestment Act (ARRA), in the amount of one million forty-eight thousand six hundred dollars ($1,048,600), shall be allocated to charter public schools proportionately based on their share of total FY 2010 originally enacted education aid, including aid to school districts and state schools.
History of Section. P.L. 1998, ch. 31, art. 31, § 3; P.L. 1999, ch. 31, art. 23, § 3; P.L. 2000, ch. 55, art. 20, § 1; P.L. 2001, ch. 77, art. 22, § 2; P.L. 2002, ch. 65, art. 18, § 1; P.L. 2003, ch. 376, art. 9, § 7; P.L. 2004, ch. 595, art. 23, § 2; P.L. 2005, ch. 117, art. 13, § 6; P.L. 2006, ch. 246, art. 19, § 2; P.L. 2007, ch. 73, art. 21, § 2; P.L. 2008, ch. 100, art. 38, § 1; P.L. 2008, ch. 151, § 1; P.L. 2008, ch. 182, § 1; P.L. 2009, ch. 5, art. 13, § 1; P.L. 2009, ch. 68, art. 3, § 1; P.L. 2010, ch. 23, art. 13, § 1; P.L. 2011, ch. 151, art. 5, § 1.
(a) In addition to those funds described in § 16-7.1-15, each district with a tax effort index below 1.0 as calculated pursuant to § 16-7.1-6 and with a free and reduced lunch count in grades K-3 greater than forty percent (40%) shall receive targeted school aid. Districts shall be eligible for aid based on the proportion that their average daily membership bears to the total average daily membership of districts eligible for aid under this section. The local school district shall determine the amount it proposes to spend on the program priorities referred to in this section and the programs and proposed expenditures shall be a part of the district’s strategic plan and/or annual updates required under § 16-7.1-2.
(b) The commissioner may require a school district to reserve up to five percent (5%) of its targeted aid for intervention remedies. These five percent (5%) set-aside funds shall only be spent with the prior approval of the commissioner of elementary and secondary education. If however by March 1, the amount reserved is not expended or expected to be spent in the academic year, then the district may expend the funds in accordance with the priorities of this section and with the approval of the commissioner. In addition, there shall be an appropriation for comprehensive on-site school reviews and other accountability measures that the commission deems appropriate in accordance with policies and procedures to be determined by the commissioner and to carry out the purposes of § 16-7.1-2. The commissioner may give priority to districts receiving targeted funds for the use of this appropriation.
(c) Districts may use targeted funds in new or expanded programs for:
(1) Early childhood education;
(2) Helping schools to improve instruction to meet high standards;
(3) Reducing class size at the elementary level;
(4) After school programming for middle schools, junior, and senior high schools in accordance with § 16-7.1-17;
(5) Establishing and implementing innovative organizations and methods of instruction at the middle, junior high, and/or high school levels;
(6) Child opportunity zones;
(7) Teacher mentoring;
(8) Curriculum revision to meet new standards;
(9) School and district intervention; or
(10) Other programs which the commissioner believes will result in increased student performance.
History of Section. P.L. 1998, ch. 31, art. 31, § 3; P.L. 2002, ch. 65, art. 18, § 1.
(a) There is hereby established an after-school program for middle schools and junior and senior high schools to be administered by the department of elementary and secondary education.
(b) Each district receiving targeted funds under this section must use a portion of these funds to establish programs as defined in this section at the middle or junior high school level and may establish a program at the senior high school level. Each program shall be located in or near middle schools or junior or senior high schools in school districts identified as “at risk” by the legislature in accordance with § 16-7.1-16 and which have an equity index below one. The purpose of the programs is to provide students an opportunity to engage in a gainful activity, such as an athletic, cultural, arts, academic, community service, remediation, and/or career exploration activity after-school or during the time the schools are not in session. Districts may contract for services with programs that meet board of regents standards. The commissioner may require that districts that receive targeted funds establish these programs either district-wide or at an individual school within the district. Nothing contained in this section shall prevent the commissioner from interpreting middle or junior high school to mean middle or junior high school age.
(c) The department of elementary and secondary education is authorized to promulgate rules and regulations for the administration and monitoring of the programs for providing any assistance to plan and design the programs, and for annually performing an evaluation of the overall quality of the after-school programs. Qualifying school districts will be required to submit a plan and other reports as may be requested relating to the use of the after-school program funds to the commissioner of elementary and secondary education.
History of Section. P.L. 1998, ch. 31, art. 31, § 3; P.L. 1998, ch. 383, § 1.
Funding of the investment funds enumerated in § 16-7.1-6, 16-7.1-8, 16-7.1-9, 16-7.1-10, 16-7.1-11, and 16-7.1-12 shall be by funds set aside from the state operations aid to be provided to school districts in the same manner as funds set aside and provided to school districts pursuant to chapter 67 of this title for literacy programs. The amount to be set aside will be that amount designated for each investment fund in the state budget as enacted. The funds thus set aside and provided to school districts shall be used for the purposes required by the terms of §§ 16-7.1-6, 16-7.1-8, and 16-7.1-9. The fund thus set aside and provided to school districts shall be restricted to be used for the purposes required by the terms of §§ 16-7.1-10, 16-7.1-11, and 16-7.1-12. The full set aside amount will be available for use by the school district. Use of this set aside amount must be based on the strategic plan required to be submitted by local school districts to the department of elementary and secondary education by chapter 7.1 of this title.
History of Section. P.L. 1999, ch. 31, art. 23, § 5; P.L. 1999, ch. 159, § 1; P.L. 1999, ch. 370, § 1; P.L. 2001, ch. 77, art. 22, § 2.
(a) The general assembly recognizes the need to support the academic instruction component of vocational education for students enrolled in career and technical education programs. To accomplish this, the general assembly shall appropriate some sum per student for each student who attends a locally operated career and technical center based on the enrollments reported to the department of elementary and secondary education for the reference year as defined in § 16-7-16. The sum shall be five hundred dollars ($500) per student. Funding under this section will be limited to those students enrolled in programs that are part of the career and technical education system as approved by the department of elementary and secondary education.
(b) For fiscal year 2007, aid received pursuant to this section shall be equal to aid received in the fiscal year 2006 enacted by the 2005 general assembly.
History of Section. P.L. 2000, ch. 55, art. 20, § 2; P.L. 2001, ch. 77, art. 22, § 2; P.L. 2002, ch. 65, art. 18, § 1; P.L. 2003, ch. 376, art. 9, § 8; P.L. 2006, ch. 246, art. 19, § 9.
(a) The general assembly recognizes the need for an equitable distribution of resources among the state’s school districts, property tax relief and a predicable method of distributing education aid. The general assembly finds that there is a need to reform the way public education is financed because:
(1) All children should have access to an adequate and meaningful education regardless of their residence or economic means;
(2) A school funding system should treat property taxpayers equably, limit the portion of school budgets financed by property taxes, and establish sufficient cost controls on school spending;
(3) The state should ensure that its school funding structure adequately reflects the different needs of students, and closes the educational inequities among the state’s school districts; and
(4) The state education funding system should provide a predicable amount and source of funding to ensure stability in the funding of schools.
(b) The intent of this chapter is to promote a school finance system in Rhode Island that is predicated on student need and taxpayer ability to pay. A new school funding system in the state should promote educational equity for all students and reduce the reliance on the property tax to fund public education. This legislation is intended to ensure educational opportunity to each pupil in each city or town on substantially equal terms. Adequate per pupil support will be provided through a combination of state school aid and local education property tax levies.
History of Section. P.L. 2004, ch. 393, § 1; P.L. 2004, ch. 491, § 1.
(a) There is hereby established a joint legislative committee to develop a basic foundation support program and an appropriate transition plan to fully implement a new funding system.
The committee shall consist of ten (10) members, five (5) of which shall be appointed by the speaker of the house, one (1) of which shall be from the minority party, and five (5) members appointed by the president of the senate, one (1) of which shall be from the minority party. The speaker of the house and president of the senate shall each appoint a committee co-chair.
The joint legislative committee is directed to consider the following framework in developing a new education foundation support program:
(1) A state education funding formula that is student population and needs driven. Student counts should include enrollments, students eligible for free and reduced lunch, those participating in language assistance programs, and special education. Provisions should be made for those school districts that experience declining enrollments.
(2) The accounting for “extraordinary special education expenditures” in special education spending for one child in a given fiscal year.
(3) A per pupil foundation amount to be used in the calculation of school funding. The per pupil foundation amount should be based on what the cost is to provide an equitable and adequate education, and consider various cost factors, such as pupil-teacher ratios, teacher and staff compensation, technology investments, educational supplies, teacher training and professional development, student performance assessments, curriculum offerings and support services and other costs associated with the delivery of educational services.
(4) Per pupil cost, based on a least cost option plan to provide purchase of service contracts in areas such as equipment, repair, benefits, transportation, general purchasing, capital construction, data processing and health and other insurance programs. In addition, the department of education should assist regional collaboratives in identifying opportunities to maximize multiple school district participation for “high cost” programs.
(5) Various methods of funding the system.
(6) A transition education funding plan.
(b) The speaker of the house and president of the senate, in consultation with the committee co-chairs, are hereby directed to appoint a foundation aid technical advisory group, and a property tax relief technical advisory group.
(c) The foundation aid technical advisory group shall advise and assist the committee in recommending foundation aid amounts by:
(1) Identifying specific resources and least cost options to provide every child the opportunity to necessary educational opportunities to meet education performance standards; and
(2) Systematically calculating the amount of per pupil funding necessary to support an effective and efficient educational system. The group may create task forces to consider the needs of special populations, comprehensive education programs, and noneducational support activities, composed of experts in these areas. In developing a foundation aid amount, the group shall consider, among other factors, pupil-teacher ratios, compensation, collective bargaining practices, technology investments, educational supplies, teacher training and professional development, student performance assessments, curriculum offerings and support services and all other costs and needs associated with the delivery of educational services.
(d) The property tax relief technical advisory group shall advise and assist the committee in identifying the options and the impact of replacing existing local education property tax levies that support the funding of elementary and secondary education with other resources.
(e) The joint committee shall issue a report outlining its findings and recommendations no later than May 15, 2007.
All state agencies and departments shall be directed to cooperate with and provide all necessary information to the joint legislative committee.
History of Section. P.L. 2004, ch. 393, § 1; P.L. 2004, ch. 491, § 1; P.L. 2005, ch. 186, § 1; P.L. 2005, ch. 267, § 1; P.L. 2006, ch. 72, § 1; P.L. 2006, ch. 79, § 1; P.L. 2007, ch. 10, § 1; P.L. 2007, ch. 12, § 1.
(a) Beginning in the 2012 fiscal year, the following foundation education-aid formula shall take effect. The foundation education aid for each district shall be the sum of the core instruction amount in subsection (a)(1) of this section and the amount to support high-need students in subsection (a)(2) of this section, which shall be multiplied by the district state-share ratio calculated pursuant to § 16-7.2-4 to determine the foundation aid.
(1) The core instruction amount shall be an amount equal to a statewide, per-pupil core instruction amount as established by the department of elementary and secondary education, derived from the average of northeast regional expenditure data for the states of Rhode Island, Massachusetts, Connecticut, and New Hampshire from the National Center for Education Statistics (NCES) that will adequately fund the student instructional needs as described in the basic education program and multiplied by the district average daily membership as defined in § 16-7-22. Expenditure data in the following categories: instruction and support services for students, instruction, general administration, school administration, and other support services from the National Public Education Financial Survey, as published by NCES, and enrollment data from the Common Core of Data, also published by NCES, will be used when determining the core instruction amount. The core instruction amount will be updated annually. For the purpose of calculating this formula, school districts’ resident average daily membership shall exclude charter school and state-operated school students.
(2) The amount to support high-need students beyond the core instruction amount shall be determined by:
(i) Multiplying a student success factor of forty percent (40%) by the core instruction per-pupil amount described in subsection (a)(1) of this section and applying that amount for each resident child whose family income is at or below one hundred eighty-five percent (185%) of federal poverty guidelines, hereinafter referred to as “poverty status.” By October 1, 2022, as part of its budget submission pursuant to § 35-3-4 relative to state fiscal year 2024 and thereafter, the department of elementary and secondary education shall develop and utilize a poverty measure that in the department’s assessment most accurately serves as a proxy for the poverty status referenced in this subsection and does not rely on the administration of school nutrition programs. The department shall utilize this measure in calculations pursuant to this subsection related to the application of the student success factor, in calculations pursuant to § 16-7.2-4 related to the calculation of the state share ratio, and in the formulation of estimates pursuant to subsection (b) below. The department may also include any recommendations which seek to mitigate any disruptions associated with the implementation of this new poverty measure or improve the accuracy of its calculation. Beginning with the FY 2024 calculation, students whose family income is at or below one hundred eighty-five percent (185%) of federal poverty guidelines will be determined by participation in the supplemental nutrition assistance program (SNAP). The number of students directly certified through the department of human services shall be multiplied by a factor of 1.6; and
(ii) Multiplying a multilingual learner (MLL) factor of twenty percent (20%) by the core instruction per-pupil amount described in subsection (a)(1) of this section, applying that amount for each resident child identified in the three lowest proficiency categories using widely adopted, independent standards and assessments in accordance with subsection (f)(1) of this section and as identified by the commissioner and defined by regulations of the council on elementary and secondary education. Local education agencies shall report annually to the department of elementary and secondary education by September 1, outlining the planned and prior year use of all funding pursuant to this subsection to provide services to MLL students in accordance with requirements set forth by the commissioner of elementary and secondary education. The department shall review the use of funds to ensure consistency with established best practices.
(b) The department of elementary and secondary education shall provide an estimate of the foundation education aid cost as part of its budget submission pursuant to § 35-3-4. The estimate shall include the most recent data available as well as an adjustment for average daily membership growth or decline based on the prior year experience.
(c) In addition, the department shall report updated figures based on the average daily membership as of October 1 by December 1.
(d) Local education agencies may set aside a portion of funds received under subsection (a) to expand learning opportunities such as after school and summer programs, full-day kindergarten and/or multiple pathway programs, provided that the basic education program and all other approved programs required in law are funded.
(e) The department of elementary and secondary education shall promulgate such regulations as are necessary to implement fully the purposes of this chapter.
(f)(1) By October 1, 2023, as part of its budget submission pursuant to § 35-3-4 relative to state fiscal year 2025, the department of elementary and secondary education shall evaluate the number of students by district who qualify as multilingual learner (MLL) students and MLL students whose family income is at or below one hundred eighty-five percent (185%) of federal poverty guidelines. The submission shall also include segmentation of these populations by levels as dictated by the WIDA multilingual learner assessment tool used as an objective benchmark for English proficiency. The department shall also prepare and produce expense data sourced from the uniform chart of accounts to recommend funding levels required to support students at the various levels of proficiency as determined by the WIDA assessment tool. Utilizing this information, the department shall recommend a funding solution to meet the needs of multilingual learners; this may include but not be limited to inclusion of MLL needs within the core foundation formula amount through one or multiple weights to distinguish different students of need or through categorical means.
(2) By October 1, 2024, as part of its budget submission pursuant to § 35-3-4 relative to state fiscal year 2026, the department of elementary and secondary education shall develop alternatives to identify students whose family income is at or below one hundred eighty-five percent (185%) of federal poverty guidelines through participation in state-administered programs, including, but not limited to, the supplemental nutrition assistance program (SNAP), and RIteCare and other programs that include the collection of required supporting documentation. The department may also include any recommendations that seek to mitigate any disruptions associated with implementation of this new poverty measure or improve the accuracy of its calculation.
(3) The department shall also report with its annual budget request information regarding local contributions to education aid and compliance with §§ 16-7-23 and 16-7-24. The report shall also compare these local contributions to state foundation education aid by community. The department shall also report compliance to each city or town school committee and city or town council.
(4) By October 1, 2025, as part of its budget submission pursuant to § 35-3-4 relative to state fiscal year 2027, the department of elementary and secondary education shall submit a report developed in coordination with the department of administration and the Rhode Island longitudinal data system within the office of the postsecondary commissioner. The report shall provide an overview of the process for matching the department of human services program participation data to the department of elementary and secondary education student enrollment records for use in the education funding formula and recommend methods to ensure consistency and accuracy in future matching processes.
(5) As part of its FY 2027 budget submission, the department shall also submit an estimate of foundation education aid that uses expanded direct certification with Medicaid matching in consultation with the Rhode Island longitudinal data system and the executive office of health and human services to identify students whose family income is at or below one hundred eighty-five percent (185%) of federal poverty guidelines, in addition to an estimate under the current law poverty determination.
(6) By December 31, 2025, the department of elementary and secondary education shall also develop and submit a report to the governor, speaker of the house, and senate president on current and recommended processes to ensure the consistency and validity of submitted high-cost special education data from local education agencies.
History of Section. P.L. 2010, ch. 124, § 4; P.L. 2010, ch. 125, § 4; P.L. 2016, ch. 142, art. 11, § 2; P.L. 2018, ch. 47, art. 9, § 2; P.L. 2022, ch. 231, art. 10, § 2, effective June 27, 2022; P.L. 2023, ch. 79, art. 8, § 2, effective June 16, 2023; P.L. 2024, ch. 117, art. 8, § 1, effective June 17, 2024; P.L. 2025, ch. 278, art. 7, § 2, effective June 29, 2025.
(a) For each district, the state’s share of the foundation education aid calculated pursuant to § 16-7.2-3(a) shall use a calculation that considers a district’s revenue-generating capacity and concentration of high-need students. The calculation is the square root of the sum of the state share ratio for the community calculation, pursuant to § 16-7-20, squared plus the district’s percentage of students in grades PK-6 in poverty status squared, divided by two.
If this calculation results in a state share ratio that is less than the state share ratio for the community calculated pursuant to § 16-7-20(a) and that district’s poverty status percentage as defined in § 16-7.2-3(a)(2) is greater than fifty percent (50%), the state share ratio shall be equal to the state share ratio for the community calculated pursuant to § 16-7-20(a).
(b) For purposes of determining the state’s share, school district student data used in this calculation shall include charter school and state school students. These ratios are used in the permanent foundation education aid formula calculation described in § 16-7.2-5.
(c) There shall be a poverty loss stabilization fund for districts that experience a decline in the state share ratio calculated pursuant to subsection (a) of this section from the prior year of more than 2.0 percent (2%). The amount shall be equal to fifty percent (50%) of the difference in the amount of permanent foundation education aid received pursuant to § 16-7.2-3 received in the prior year.
History of Section. P.L. 2010, ch. 124, § 4; P.L. 2010, ch. 125, § 4; P.L. 2013, ch. 501, § 23; P.L. 2016, ch. 142, art. 11, § 2; P.L. 2023, ch. 79, art. 8, § 2, effective June 16, 2023.
(a) Charter public schools, as defined in chapter 77 of this title, the William M. Davies, Jr. Career and Technical High School (Davies), and the Metropolitan Regional Career and Technical Center (the Met Center) shall be funded pursuant to § 16-7.2-3. If the October 1 actual enrollment data for any charter public school shows a ten percent (10%) or greater change from the prior year enrollment that is used as the reference year average daily membership, the last six (6) monthly payments to the charter public school will be adjusted to reflect actual enrollment. The state share of the permanent foundation education aid shall be paid by the state directly to the charter public schools, Davies, and the Met Center pursuant to § 16-7.2-9 and shall be calculated using the state-share ratio of the district of residence of the student as set forth in § 16-7.2-4. The department of elementary and secondary education shall provide the general assembly with the calculation of the state share of permanent foundation education aid for charter public schools delineated by school district.
(b) The local share of education funding shall be paid to the charter public school, Davies, and the Met Center by the district of residence of the student and shall be the local, per-pupil cost calculated by dividing the local appropriation to education from property taxes, net of debt service, and capital projects, as defined in the uniform chart of accounts by the average daily membership for each city and town, pursuant to § 16-7-22, for the reference year.
(c) Beginning in FY 2017, there shall be a reduction to the local per-pupil funding paid by the district of residence to charter public schools, Davies, and the Met Center. This reduction shall be equal to the greater (i) Of seven percent (7%) of the local, per-pupil funding of the district of residence pursuant to subsection (b) or (ii) The per-pupil value of the district’s costs for non-public textbooks, transportation for non-public students, retiree health benefits, out-of-district special-education tuition and transportation, services for students age eighteen (18) to twenty-one (21) years old, pre-school screening and intervention, and career and technical education, tuition and transportation costs, debt service and rental costs minus the average expenses incurred by charter schools for those same categories of expenses as reported in the uniform chart of accounts for the prior preceding fiscal year pursuant to § 16-7-16(11) and verified by the department of elementary and secondary education. In the case where audited financials result in a change in the calculation after the first tuition payment is made, the remaining payments shall be based on the most recent audited data. For those districts whose greater reduction occurs under the calculation of (ii), there shall be an additional reduction to payments to mayoral academies with teachers who do not participate in the state teacher’s retirement system under chapter 8 of title 36 equal to the per-pupil value of teacher retirement costs attributable to unfunded liability as calculated by the state’s actuary for the prior preceding fiscal year. Notwithstanding the foregoing, beginning with FY 2026, the reduction to the local per-pupil funding shall not exceed fourteen percent (14%).
(d) Local district payments to charter public schools, Davies, and the Met Center for each district’s students enrolled in these schools shall be made on a quarterly basis in July, October, January, and April; however, the first local-district payment shall be made by August 15, instead of July. Failure of the community to make the local-district payment for its student(s) enrolled in a charter public school, Davies, and/or the Met Center may result in the withholding of state education aid pursuant to § 16-7-31.
(e) Beginning in FY 2017, school districts with charter public school, Davies, and the Met Center enrollment, that, combined, comprise five percent (5%) or more of the average daily membership as defined in § 16-7-22, shall receive additional aid for a period of three (3) years. Aid in FY 2017 shall be equal to the number of charter public school, open-enrollment schools, Davies, or the Met Center students as of the reference year as defined in § 16-7-16 times a per-pupil amount of one hundred seventy-five dollars ($175). Aid in FY 2018 shall be equal to the number of charter public school, open-enrollment schools, Davies, or the Met Center students as of the reference year as defined in § 16-7-16 times a per-pupil amount of one hundred dollars ($100). Aid in FY 2019 shall be equal to the number of charter public school, open-enrollment schools, Davies, or the Met Center students as of the reference year as defined in § 16-7-16 times a per-pupil amount of fifty dollars ($50.00). The additional aid shall be used to offset the adjusted fixed costs retained by the districts of residence.
(f) [Deleted by P.L. 2023, ch. 79, art. 8, § 2.]
History of Section. P.L. 2010, ch. 124, § 4; P.L. 2010, ch. 125, § 4; P.L. 2014, ch. 489, § 2; P.L. 2016, ch. 142, art. 11, § 2; P.L. 2017, ch. 451, § 7; P.L. 2021, ch. 162, art. 10, § 2, effective July 6, 2021; P.L. 2023, ch. 79, art. 8, § 2, effective June 16, 2023; P.L. 2025, ch. 278, art. 7, § 2, effective June 29, 2025.
In addition to the foundation education aid provided pursuant to § 16-7.2-3, the permanent foundation education-aid program shall provide direct state funding for:
(a) Excess costs associated with special education students. Excess costs are defined when an individual special education student’s cost shall be deemed to be “extraordinary.” Extraordinary costs are those educational costs that exceed the state-approved threshold based on an amount above four times the core foundation amount (total of core instruction amount plus student success amount). The department of elementary and secondary education shall prorate the funds available for distribution among those eligible school districts if the total approved costs for which school districts are seeking reimbursement exceed the amount of funding appropriated in any fiscal year; and the department of elementary and secondary education shall also collect data on those educational costs that exceed the state-approved threshold based on an amount above two (2), three (3), and five (5) times the core foundation amount;
(b) Career and technical education costs to help meet initial investment requirements needed to transform existing, or create new, comprehensive, career and technical education programs and career pathways in critical and emerging industries and to help offset the higher-than-average costs associated with facilities, equipment maintenance and repair, and supplies necessary for maintaining the quality of highly specialized programs that are a priority for the state. The department shall develop criteria for the purpose of allocating any and all career and technical education funds as may be determined by the general assembly on an annual basis. The department of elementary and secondary education shall prorate the funds available for distribution among those eligible school districts if the total approved costs for which school districts are seeking reimbursement exceed the amount of funding available in any fiscal year;
(c) Programs to increase access to voluntary, free, high-quality pre-kindergarten programs. The department shall recommend criteria for the purpose of allocating any and all early childhood program funds as may be determined by the general assembly;
(d) Central Falls, Davies, and the Met Center Stabilization Fund is established to ensure that appropriate funding is available to support their students. Additional support for Central Falls is needed due to concerns regarding the city’s capacity to meet the local share of education costs. This fund requires that education aid calculated pursuant to § 16-7.2-3 and funding for costs outside the permanent foundation education-aid formula, including, but not limited to, transportation, facility maintenance, and retiree health benefits shall be shared between the state and the city of Central Falls. The fund shall be annually reviewed to determine the amount of the state and city appropriation. The state’s share of this fund may be supported through a reallocation of current state appropriations to the Central Falls school district. At the end of the transition period defined in § 16-7.2-7, the municipality will continue its contribution pursuant to § 16-7-24. Additional support for the Davies and the Met Center is needed due to the costs associated with running a stand-alone high school offering both academic and career and technical coursework. The department shall recommend criteria for the purpose of allocating any and all stabilization funds as may be determined by the general assembly;
(e) Excess costs associated with transporting students to out-of-district non-public schools. This fund will provide state funding for the costs associated with transporting students to out-of-district non-public schools, pursuant to chapter 21.1 of this title. The state will assume the costs of non-public out-of-district transportation for those districts participating in the statewide system. The department of elementary and secondary education shall prorate the funds available for distribution among those eligible school districts if the total approved costs for which school districts are seeking reimbursement exceed the amount of funding available in any fiscal year;
(f) Excess costs associated with transporting students within regional school districts. This fund will provide direct state funding for the excess costs associated with transporting students within regional school districts, established pursuant to chapter 3 of this title. This fund requires that the state and regional school district share equally the student transportation costs net any federal sources of revenue for these expenditures. The department of elementary and secondary education shall prorate the funds available for distribution among those eligible school districts if the total approved costs for which school districts are seeking reimbursement exceed the amount of funding available in any fiscal year;
(g) Public school districts that are regionalized shall be eligible for a regionalization bonus as set forth below:
(1) As used herein, the term “regionalized” shall be deemed to refer to a regional school district established under the provisions of chapter 3 of this title, including the Chariho Regional School district;
(2) For those districts that are regionalized as of July 1, 2010, the regionalization bonus shall commence in FY 2012. For those districts that regionalize after July 1, 2010, the regionalization bonus shall commence in the first fiscal year following the establishment of a regionalized school district as set forth in chapter 3 of this title, including the Chariho Regional School District;
(3) The regionalization bonus in the first fiscal year shall be two percent (2.0%) of the state’s share of the foundation education aid for the regionalized district as calculated pursuant to §§ 16-7.2-3 and 16-7.2-4 in that fiscal year;
(4) The regionalization bonus in the second fiscal year shall be one percent (1.0%) of the state’s share of the foundation education aid for the regionalized district as calculated pursuant to §§ 16-7.2-3 and 16-7.2-4 in that fiscal year;
(5) The regionalization bonus shall cease in the third fiscal year;
(6) The regionalization bonus for the Chariho regional school district shall be applied to the state share of the permanent foundation education aid for the member towns; and
(7) The department of elementary and secondary education shall prorate the funds available for distribution among those eligible regionalized school districts if the total, approved costs for which regionalized school districts are seeking a regionalization bonus exceed the amount of funding appropriated in any fiscal year;
(h) [Deleted by P.L. 2024, ch. 117, art. 8, § 1.]
(i) State support for school resource officers. For purposes of this subsection, a school resource officer (SRO) shall be defined as a career law enforcement officer with sworn authority who is deployed by an employing police department or agency in a community-oriented policing assignment to work in collaboration with one or more schools. School resource officers should have completed at least forty (40) hours of specialized training in school policing, administered by an accredited agency, before being assigned. Beginning in FY 2019, for a period of three (3) years, school districts or municipalities that choose to employ school resource officers shall receive direct state support for costs associated with employing such officers at public middle and high schools. Districts or municipalities shall be reimbursed an amount equal to one-half (½) of the cost of salaries and benefits for the qualifying positions. Funding will be provided for school resource officer positions established on or after July 1, 2018, provided that:
(1) Each school resource officer shall be assigned to one school:
(i) Schools with enrollments below one thousand two hundred (1,200) students shall require one school resource officer;
(ii) Schools with enrollments of one thousand two hundred (1,200) or more students shall require two school resource officers;
(2) School resource officers hired in excess of the requirement noted above shall not be eligible for reimbursement; and
(3) Schools that eliminate existing school resource officer positions and create new positions under this provision shall not be eligible for reimbursement; and
(j) Categorical programs defined in subsections (a) through (g) shall be funded pursuant to the transition plan in § 16-7.2-7.
History of Section. P.L. 2010, ch. 124, § 4; P.L. 2010, ch. 125, § 4; P.L. 2012, ch. 241, art. 12, § 4; P.L. 2016, ch. 142, art. 11, § 2; P.L. 2017, ch. 302, art. 12, § 1; P.L. 2018, ch. 47, art. 9, § 2; P.L. 2023, ch. 79, art. 8, § 2, effective June 16, 2023; P.L. 2024, ch. 117, art. 8, § 1, effective June 17, 2024.
(a) The general assembly shall annually determine the appropriation of education aid pursuant to this chapter using a transition plan to begin in fiscal year 2012, not to exceed seven (7) years for LEA’s for whom the calculated education aid pursuant to § 16-7.2-3 is more than the education aid the LEA is receiving as of the effective date of the formula, and ten (10) years for LEA’s for whom the calculated education aid pursuant to § 16-7.2-3 is less than the education aid the LEA is receiving as of the effective date of the formula.
(b) The local share of funding pursuant to § 16-7.2-5 shall be transitioned proportionately over a period not to exceed five (5) years. The transition shall provide a combination of direct aid to districts, funds for the categorical programs, and district savings through state-assumed costs, as determined by the general assembly on an annual basis. Updates to any components of the permanent foundation education aid formula, such as student data, property values, and/or median family income, that result in an increase or decrease in state education aid that impacts the total state and local contribution by more than three percent (3%) shall be transitioned over a period of time not to exceed three (3) years.
(c) Districts that experience a reduction in enrollment from the prior fiscal year shall receive forty percent (40%) of the amount of state aid pursuant to § 16-7.2-3 associated with that enrollment decline and will receive twenty-five percent (25%) of that amount in the next preceding year.
(d) For districts that are converting from a half-day to a full-day kindergarten program for the 2014-2015 school year and after, as defined by § 16-99-4, the increase in aid provided pursuant to the formula for the increased reference average daily membership due to the conversion of the kindergarten students from 0.5 full-time equivalent to 1.0 full-time equivalent is not subject to the transition plan in subsection (a); instead, the increased kindergarten full-time equivalents will be funded at the fully transitioned value of the formula beginning in FY 2017.
History of Section. P.L. 2010, ch. 124, § 4; P.L. 2010, ch. 125, § 4; P.L. 2013, ch. 501, § 23; P.L. 2014, ch. 431, § 2; P.L. 2014, ch. 456, § 2; P.L. 2023, ch. 79, art. 8, § 2, effective June 16, 2023.
(a) Pursuant to §§ 16-7.1-3 and 16-7.1-5, the department of elementary and secondary education (the “department”) shall use the uniform chart of accounts to maintain fiscal accountability for education expenditures that comply with applicable laws and regulations including, but not limited to, the basic education program. This data shall be used to develop criteria, priorities, and benchmarks specific to each local education agency (LEA) to improve cost controls, efficiencies, and program effectiveness. The department shall present LEA-specific information to the LEA to which it applies, and provide a summary of all LEA reports to the governor and the general assembly annually, beginning on August 1, 2022.
(b) The department of elementary and secondary education shall establish and/or implement program standards to be used in the oversight of the use of foundation aid calculated pursuant to § 16-7.2-3. Such oversight will be carried out in accordance with the progressive support and intervention protocols established in chapter 7.1 of this title.
History of Section. P.L. 2010, ch. 124, § 4; P.L. 2010, ch. 125, § 4; P.L. 2021, ch. 162, art. 10, § 2, effective July 6, 2021.
This chapter applies to education aid for any city, town or regional school district including the Central Falls state operated school district, charter schools, the William M. Davies, Jr. Career and Technical High School, and the Metropolitan Regional Career and Technical Center. Calculation and distribution of aid under §§ 16-7-20.5, 16-7.1-6, 16-7.1-8, 16-7.1-9, 16-7.1-10, 16-7.1-11, 16-7.1-11.1, 16-7.1-12, 16-7.1-15, 16-7.1-16, 16-7.1-17, 16-7.1-18, 16-7.1-19, 16-67-4, and 16-77.1-2 is hereby suspended effective July 1, 2011, until further action by the general assembly. Aid under this chapter will be paid pursuant to § 16-7-17, except that aid to the Central Falls state operated school district and charter schools, Davies, and the Met Center pursuant to § 16-7.2-5 shall be paid in twelve (12) equal installments on the first of each month.
History of Section. P.L. 2010, ch. 124, § 4; P.L. 2010, ch. 125, § 4.
On or before November 15, 2010, the department of education shall report to the senate president, speaker of the house, and chairs of the Senate and House Finance Committees on the following: (a) The identification and evaluative impact of alternative mechanisms to update or supplement the median family income factor relied upon in the EWAV variable utilized in the permanent education aid formula in accordance with this section; (b) An analysis of the feasibility, alternative financing mechanisms, and impact of the Central Falls Stabilization Fund pursuant to this section; and, (c) a multi-year analysis of the impact of the financing of charter schools and vocational schools, pursuant to this section, on local school districts.
History of Section. P.L. 2010, ch. 124, § 4; P.L. 2010, ch. 125, § 4.
The board of regents for elementary and secondary education is constituted and designated as the state board for vocational education to cooperate with the federal office of education and veterans administration, or their successors, in the administration of any act of congress relating to vocational education and rehabilitation in agriculture, distributive occupations, household arts, trades, and industries, or to disabled veterans and other persons, and to secure for the state the benefits of that cooperation.
History of Section. P.L. 1951, ch. 2752, § 11; G.L. 1956, § 16-8-1.
The state of Rhode Island having accepted the provisions of an act passed by the senate and house of representatives of the United States in congress assembled, entitled “An act to provide for the promotion of vocational education; to provide for co-operation with the states in the promotion of such education in agriculture and the trades and industries; to provide for co-operation with the states in the preparation of teachers of vocational subjects; and to appropriate money, and regulate its expenditure,” approved February 23, 1917, designates the general treasurer as custodian for vocational education funds as required by that act of congress. The general treasurer shall receive and provide for the proper custody of money paid to the state from the federal treasury under the provisions of the act of congress, and shall disburse the money upon orders drawn by the state controller upon requisitions of the department of elementary and secondary education. The state board for vocational education shall have and shall exercise all the powers necessary to cooperate on behalf of the state with the federal office of education in the administration of the provisions of the act of congress.
History of Section. P.L. 1918, ch. 1622, § 1; G.L. 1923, ch. 68, § 6; G.L. 1938, ch. 193, § 5; impl. am. P.L. 1939, ch. 660, § 65; P.L. 1951, ch. 2752, § 12; impl. am. P.L. 1951, ch. 2752, § 21; G.L. 1956, § 16-8-2.
The state of Rhode Island accepts the provisions of an act passed by the senate and house of representatives of the United States in congress assembled, entitled “An act to amend the act of June 8, 1936, relating to vocational education, so as to provide for the further development of vocational education in the states and territories” approved August 1, 1946, and designates the general treasurer as custodian for vocational education funds as required by the act of congress. The general treasurer shall receive and provide for the proper custody of money paid to the state from the general treasury under the provisions of the act of congress and shall disburse the money upon orders drawn by the state controller upon requisitions of the state board of vocational education. The state board for vocational education shall have and shall exercise all powers necessary to cooperate, on behalf of the state, with the federal office of education in the administration of the provisions of the act of congress.
History of Section. G.L. 1938, ch. 193, § 6; P.L. 1948, ch. 2104, § 2; G.L. 1956, § 16-8-3.
[Repealed]
History of Section. P.L. 1952, ch. 2959, §§ 1-3; G.L. 1956, §§ 16-8-4 — 16-8-6; Repealed by P.L. 2001, ch. 86, § 34, effective July 6, 2001.
For the purposes of §§ 16-8-7 to 16-8-13:
(1) “School” is construed to mean any educational institution operated on a nonprofit basis, having a graded course of instruction with prescribed standards for the completion of each grade, with compulsory class attendance, and records of class work regularly maintained.
(2) “School board” includes city or town school committees or any person or group responsible for the operation of a private or a parochial school.
History of Section. P.L. 1947, ch. 1979, § 1; G.L. 1956, § 16-8-7.
The department of elementary and secondary education is authorized to accept and direct the disbursement of funds appropriated by any act of congress and apportioned to the state in connection with the establishment and maintenance of school lunch programs. The department of elementary and secondary education shall deposit all funds received from the federal government with the general treasurer, to be placed in a special account, and drawn upon only on receipt of properly authenticated vouchers signed by the department of elementary and secondary education.
History of Section. P.L. 1947, ch. 1979, § 2; impl. am. P.L. 1951, ch. 2752, § 21; G.L. 1956, § 16-8-8.
The department of elementary and secondary education may enter into any agreements, with any agency of the federal government, with any school board, or with any other agency or person, prescribe any regulations, employ any personnel, and take any action, that it may deem necessary to provide for the establishment, maintenance, operation, and expansion of any school lunch program, and to direct the disbursement of federal and state funds in accordance with existing provisions of the federal and state laws. The department of elementary and secondary education may give technical advice and assistance to any school board in connection with the establishment and operation of any school lunch program and may assist in training personnel engaged in the operation of these programs. The department of elementary and secondary education may accept any gift for use in connection with any school lunch program.
History of Section. P.L. 1947, ch. 1979, § 3; G.L. 1956, § 16-8-9.
All public elementary and secondary schools shall be required to make federally reimbursable lunches available to students attending those schools through the USDA’s National School Lunch Program (NSLP) in accordance with federal regulation as well as rules and regulations adopted from time to time by the department of elementary and secondary education. To the extent that federal, state, and other funds are available, free and reimbursable lunches shall be provided to all students from families that meet the current specific criteria established by federal and state regulations to qualify for free or reduced-price meals. The state of Rhode Island shall provide additional funds to public schools in an amount equal to the difference between the federal reimbursement rate for a free lunch and the federal reimbursement rate received for each student eligible for a reduced-price lunch and receiving lunch. The requirement that reimbursable lunches be provided shall apply to locally managed school lunch programs, and school lunch programs administered directly by the department of elementary and secondary education or by any other public agency whether using school facilities or a commercial catering service. The department of elementary and secondary education is further authorized to expand the school lunch program to the extent that federal, state, and/or local funds are available by the utilization of one or more food preparation centers for delivery to participating schools for the purpose of providing meals to students on a more economical basis than could be provided by a community acting individually.
History of Section. P.L. 1947, ch. 1979, § 4; G.L. 1956, § 16-8-10; P.L. 1972, ch. 140, § 1; P.L. 1988, ch. 84, § 45; P.L. 2024, ch. 117, art. 8, § 4, effective June 17, 2024.
(a) All public elementary and secondary schools shall be required to make federally reimbursable school breakfasts available to students attending those schools through the USDA’s School Breakfast Program (SBP) in accordance with federal regulation as well as rules and regulations that are adopted from time to time by the department of elementary and secondary education. To the extent that federal, state, and other funds are available, free reimbursable breakfasts shall be provided to all students from families that meet the current specific criteria established by federal and state regulations to qualify for free or reduced-price meals. The state of Rhode Island shall provide additional funds to public schools in an amount equal to the difference between the federal reimbursement rate received for a free breakfast and the federal reimbursement rate received for each student eligible for a reduced-price breakfast and receiving breakfast.
(b) The state of Rhode Island shall provide school districts a per-breakfast subsidy for each breakfast served to students. The general assembly shall annually appropriate some sum and distribute it based on each district’s proportion of the number of breakfasts served in the prior school year relative to the statewide total in the same year. This subsidy shall augment the nonprofit school food service account and be used for expenses incurred in providing nutritious breakfast meals to students.
History of Section. P.L. 1998, ch. 31, art. 31, § 5; P.L. 1999, ch. 31, art. 23, § 4; P.L. 1999, ch. 219, § 1; P.L. 2000, ch. 55, art. 20, § 3; P.L. 2000, ch. 206, § 1; P.L. 2003, ch. 376, art. 9, § 13; P.L. 2005, ch. 117, art. 13, § 7; P.L. 2024, ch. 117, art. 8, § 4, effective June 17, 2024.
No school board or school receiving aid under this chapter for school lunch programs shall negotiate, extend, or renew any school lunch service contract unless the contract provides for payments to school-lunch workers and aides for one hundred and eighty (180) days or the length of the contract for the school year, exclusive of paid time off, including vacation days, or other forms of compensatory time off, whichever is longer.
History of Section. P.L. 2022, ch. 159, § 1, effective June 27, 2022; P.L. 2022, ch. 160, § 1, effective June 27, 2022; P.L. 2024, ch. 247, § 1, effective June 24, 2024; P.L. 2024, ch. 248, § 1, effective June 24, 2024.
The department of elementary and secondary education shall prescribe regulations for the keeping of accounts and records and the making of reports by or under the supervision of school boards. These accounts and records shall be available for inspection and audit by authorized agents of the federal government or by the department of elementary and secondary education or its duly authorized agents. The department of elementary and secondary education shall conduct or cause to be conducted any audits, inspections, and administrative reviews of accounts, records, and operations with respect to school lunch programs that may be considered necessary to determine whether its agreements with school boards and regulations pursuant to §§ 16-8-7 to 16-8-13 are being complied with, and to ensure that school lunch programs are effectively administered.
History of Section. P.L. 1947, ch. 1979, § 5; impl. am. P.L. 1951, ch. 2752, § 21; G.L. 1956, § 16-8-11.
The department of elementary and secondary education is authorized, to the extent that funds are available for these purposes, and in cooperation with local school boards and other appropriate organizations, to conduct studies as to methods of improving and expanding school lunch programs and promoting nutritional education in the schools, to conduct appraisals of the nutritive benefits of school lunch programs, and to report its findings from time to time to the governor.
History of Section. P.L. 1947, ch. 1979, § 6; G.L. 1956, § 16-8-12.
The general assembly shall annually appropriate some sum that it may deem necessary to carry out the purposes of §§ 16-8-7 to 16-8-12; and the state controller is authorized and directed to draw his or her orders upon the general treasurer for the payment of that sum or so much of it as may be required from time to time, upon receipt by the controller of vouchers approved by the department of elementary and secondary education.
History of Section. P.L. 1947, ch. 1979, § 7; impl. am. P.L. 1951, ch. 2752, § 21; G.L. 1956, § 16-8-13.
Unless otherwise specifically provided by law, any and all money received or that may be received by the state for the use or benefit of the state or any city or town for educational purposes from appropriations made by virtue of or under any act or acts of the congress of the United States shall be received by the general treasurer who shall provide for the proper custody of the money. The state controller is authorized and directed to draw his or her orders upon the general treasurer for the disbursement of the money or any part of it, upon receipt by the controller of properly authenticated vouchers approved by the department of elementary and secondary education.
History of Section. P.L. 1949, ch. 2311, § 1; impl. am. P.L. 1951, ch. 2752, § 21; G.L. 1956, § 16-8-14.
For FY 2012 only, state general revenue appropriations to all local education agencies — including school districts, charter schools, and state schools — shall be reduced by the amount allocated to each local education agency under the terms of the federal Education Jobs Fund program.
History of Section. P.L. 2011, ch. 151, art. 5, § 2.
The town treasurer shall receive the money due the town from the state for public schools, and shall keep a separate accounting of all money appropriated by the state or town or otherwise for public schools in the town, and shall pay the money to the order of the school committee; provided, however, that school expenditures, encumbrances, and accruals shall not, in any fiscal year, exceed the total revenue appropriated for public schools in the town. Should the town treasurer, finance director, or other charter officer charged with general responsibility for town finances, or the school financial officer, estimate that actual public school expenditures, encumbrances, and accruals may exceed the total revenue appropriated for the expenditures in any fiscal year, the school committee, the superintendent of schools, and the chief elected officials of the town shall be notified. Purchase orders or financial commitments shall not be authorized even on the order of the school committee unless it can be proven that there will not be an excess of expenditures, encumbrances, and accruals over revenues. Nothing contained in this section shall be construed to prohibit a school committee from negotiating and contracting with school employees and teachers for services to be rendered in the ensuing fiscal years pursuant to chapters 9.3 and 9.4 of title 28.
History of Section. G.L. 1896, ch. 54, § 9; G.L. 1909, ch. 66, § 11; G.L. 1923, ch. 69, § 5; G.L. 1938, ch. 179, § 5; impl. am. Const. Amend., art. 27; G.L. 1956, § 16-9-1; P.L. 1980, ch. 152, § 4; P.L. 1981, ch. 397, § 2.
The town treasurer shall, before the tenth (10th) day of July in each year, submit to the school committee a statement of all money applicable to the support of public schools for the current school year, specifying the sources of the money.
History of Section. G.L. 1896, ch. 54, § 10; G.L. 1909, ch. 66, § 12; P.L. 1922, ch. 2234, § 10; G.L. 1923, ch. 69, § 6; G.L. 1938, ch. 179, § 6; G.L. 1956, § 16-9-2.
[Repealed]
History of Section. G.L. 1896, ch. 54, § 11; G.L. 1909, ch. 66, § 13; P.L. 1922, ch. 2234, § 10; G.L. 1923, ch. 69, § 7; G.L. 1938, ch. 179, § 7; impl. am. P.L. 1952, ch. 2752, § 21; G.L. 1956, § 16-9-3; Repealed by P.L. 1987, ch. 152, § 1, effective June 23, 1987.
Any town may vote, in a meeting notified for that purpose, to provide schoolhouses, together with the necessary fixtures and appendages.
History of Section. G.L. 1896, ch. 54, § 3; G.L. 1909, ch. 66, § 2; G.L. 1923, ch. 69, § 2; G.L. 1938, ch. 179, § 2; G.L. 1956, § 16-9-4.
(a) The department of elementary and secondary education is instructed to develop regulations to ensure that any city, town, or district which undertakes “new school construction” as defined in this section provides in the planning for necessary wiring which is consistent with current standards for computer networking technology in schools.
(b) The sponsor of any new school construction project or any school project involving the leasing of any portion of an existing building for use as a school shall also comply with the requirements for schools set forth in § 23-19.14-4.
(c) For the purposes of this section, “new school construction” means:
(1) Any new school buildings.
(2) Additions of any new classrooms to existing school buildings.
History of Section. P.L. 1998, ch. 129, § 1; P.L. 2012, ch. 163, § 2; P.L. 2012, ch. 179, § 2.
Any city or town from time to time may take lands within the city or town, improved or unimproved, for the location of schoolhouses, the enlargement of schoolhouse lots, and for school purposes, provided that the amount of the land at any one taking shall not exceed fifteen (15) acres; except that:
(1) The town of Foster may at any one taking take lands for these purposes in an amount not exceeding ten (10) acres;
(2) The city of Warwick may at any one taking take lands for these purposes in an amount not exceeding fifteen (15) acres, provided, however, that before the city of Warwick may take more than five (5) acres for this purpose, it shall hold a public hearing;
(3) The town of Narragansett may at any one taking take lands for these purposes in an amount not exceeding twelve (12) acres, provided, however, that before the town of Narragansett may take more than five (5) acres for this purpose, it shall hold a public hearing;
(4) The town of Jamestown may at any one taking take lands for these purposes in an amount not exceeding twenty-five (25) acres;
(5) The city of Cranston may at one taking take lands for these purposes in an amount not exceeding twenty-five (25) acres.
History of Section. P.L. 1906, ch. 1306, § 1; G.L. 1909, ch. 75, § 1; G.L. 1923, ch. 82, § 1; G.L. 1938, ch. 343, § 1; P.L. 1949, ch. 2312, § 1; G.L. 1956, § 16-9-5; P.L. 1970, ch. 315, § 1; P.L. 1986, ch. 39, § 1; P.L. 1988, ch. 36, § 1; P.L. 1989, ch. 356, § 1; P.L. 1999, ch. 348, § 1; P.L. 1999, ch. 431, § 1; P.L. 2001, ch. 86, § 35.
If any town has already passed or shall pass a vote to erect a schoolhouse or to enlarge a schoolhouse lot, and the school committee shall fix upon a location for the schoolhouse in the town or shall determine that a school lot ought to be enlarged, the school committee of the town shall, within six (6) months from the date of the passage of a resolution by the school committee to take any land for these purposes, file in the records of land evidence for the town a description of the land, and also a plat of the land, and a statement that the land is taken pursuant to the provisions of §§ 16-9-5 to 16-9-8, which description and statement shall be signed by the chairperson or president of the school committee, and upon the filing of the description, statement, and plat, the title in fee simple of the land shall vest in the town. After the filing of the description, statement, and plat, notice of the taking of the land shall be served upon the owners of and persons having an estate in and interested in the land by the town sergeant of the town leaving a true and attested copy of the description and statement with each of the persons personally, or at their last and usual place of abode in this state with some person living there, and, in case any persons are absent from this state and have no last and usual place of abode in this state occupied by any person, or in case the whereabouts of any persons are unknown to the town sergeant, the copy shall be left with the persons, if any, in charge of or having possession of the land taken of the absent person and persons whose whereabouts are unknown, and another copy of the description and statement shall be mailed to the address of the absent persons if they are known to the officer. After the filing of the description and statement, the town clerk of the town shall cause a copy of the description and statement to be published in some newspaper published in the county in which the town is located at least twice a week for three (3) successive weeks. If any party shall agree with the school committee for the price of the land so taken, the agreed price shall immediately be paid to that party by the town.
History of Section. P.L. 1906, ch. 1306, § 2; G.L. 1909, ch. 75, § 2; G.L. 1923, ch. 82, § 2; G.L. 1938, ch. 343, § 2; G.L. 1956, § 16-9-6.
Any owner of or person entitled to any estate in or interested in any part of the land so taken, who cannot agree with the school committee for the price of the land so taken in which he or she is interested, may, within three (3) months after personal notice of the taking, or, if he or she have no personal notice, may, within one year from the filing of the description, statement, and plat referred to in § 16-9-6, apply by petition to the superior court held for the county where the land is located, setting forth the taking of his or her land and praying for an assessment of damages by a jury. Upon the filing of the petition the court shall cause twenty (20) days’ notice of the pendency of the petition to be given to the town by serving the town treasurer of the town with a certified copy of the petition, and may proceed after the notice to the trial; and the trial shall determine all questions of fact relating to the value of the land and the amount; and shall be conducted in every respect as other civil cases are tried, including the right to except to rulings and apply for new trial for cause. In case of conflicting claims to the land by any two (2) or more petitioners, the court may set down the petitions of the petitioners for trial at the same time by the same jury, and may frame all necessary issues for the trial.
History of Section. P.L. 1906, ch. 1306, § 3; G.L. 1909, ch. 75, § 3; G.L. 1923, ch. 82, § 3; G.L. 1938, ch. 343, § 3; G.L. 1956, § 16-9-7.
In case any owner of or person having an estate in or interested in the land shall fail to receive personal notice of the taking of the land, and shall fail to file his or her petition as provided in § 16-9-7, the court in its discretion may permit the filing of the petition subsequent to the period of one year from the filing of the description and statement; provided, the person shall have had no actual knowledge of the taking of the land in season to file the petition; and provided, the town, after the filing of the description and statement, shall not have paid any other persons claiming to own the land the price or value of the land, or be liable to pay for the land under any judgment rendered against the town under the provisions of §§ 16-9-5 to 16-9-8.
History of Section. P.L. 1906, ch. 1306, § 4; G.L. 1909, ch. 75, § 4; G.L. 1923, ch. 82, § 4; G.L. 1938, ch. 343, § 4; G.L. 1956, § 16-9-8.
The school committees of the several towns of the state shall, in the same manner as now provided by law for the purchase of supplies for public schools by the committees, purchase for every school in their respective towns not now provided with a United States flag, flag staff, and the necessary appliances for the flag; and thereafter whenever the flag, flag staff, or the necessary appliances for the flag of any school shall from any cause become unsuitable for further use, the school committee shall in the same manner purchase others in place thereof.
History of Section. P.L. 1901, ch. 818, § 1; G.L. 1909, ch. 67, § 14; G.L. 1923, ch. 70, § 27; G.L. 1938, ch. 178, § 27; G.L. 1956, § 16-9-9.
The school committees of the several towns shall cause the United States flag to be displayed upon the public school buildings or premises during school hours if in their best judgment it is practicable, otherwise at any times that they may direct, and the committees shall also establish rules and regulations for the proper care, custody, and display of the flag; and when for any cause it is not displayed, it shall be placed conspicuously in the principal room of the school building.
History of Section. P.L. 1906, ch. 818, § 2; G.L. 1909, ch. 67, § 15; G.L. 1923, ch. 70, § 28; G.L. 1938, ch. 178, § 28; G.L. 1956, § 16-9-10.
[Repealed]
History of Section. P.L. 1898, ch. 544, §§ 1, 5, 7, 8; P.L. 1900, ch. 743, § 1; G.L. 1909, ch. 74, §§ 1, 4, 6, 7; P.L. 1915, ch. 1235, §1; P.L. 1922, ch. 2234, § 17; G.L. 1923, ch. 81, §§ 1, 4, 6, 7; P.L. 1936, ch. 2375, § 3; G.L. 1938, ch. 197, §§ 1, 4, 6, 7; G.L. 1938, ch. 197, § 12; P.L. 1939, ch. 690, § 1; impl. am. P.L. 1951, ch. 2752, § 21; G.L. 1956, §§ 16-10-1 — 16-10-5; Repealed by P.L. 1960, ch. 27, § 12, and P.L. 1980, ch. 395, § 1.
No person shall be employed to teach, as principal or assistant, in any school supported wholly or in part by public money unless the person shall have a certificate of qualification issued by or under the authority of the board of regents for elementary and secondary education. Provided, however, that any person who is employed as a part time speech and language pathologist at the Rhode Island School for the Deaf, for a period of not less than ten (10) years prior to July 11, 1990, shall not be required to have a certificate of qualification, and shall be exempt from the provisions of this section which require the certificate. In case any city or town shall pay or cause to be paid any of the public money to any person for teaching who did not, at the time of teaching, hold a certificate, then the department of elementary and secondary education shall deduct a sum equal to the amount so paid from the amount of the state’s money due, or which may thereafter become due, to the city or town, before giving his or her order in favor of the city or town for any of the public money under the provisions of §§ 16-1-10, 16-1-11, and 16-5-22.
History of Section. P.L. 1898, ch. 544, § 9; P.L. 1903, ch. 1114, § 1; G.L. 1909, ch. 68, § 1; G.L. 1923, ch. 71, § 1; G.L. 1938, ch. 180, § 1; impl. am. P.L. 1951, ch. 2752, § 21; G.L. 1956, § 16-11-1; P.L. 1988, ch. 84, § 46; P.L. 1990, ch. 326, § 2.
The board of regents for elementary and secondary education shall hold, or cause to be held, in any places in different parts of the state and at any times it may determine, examinations for the position of teacher in the public schools of this state; and the board of regents for elementary and secondary education is authorized to issue certificates of qualification which shall be valid throughout the state for the grade and time specified in the certificate. All assessed fees shall be deposited as general revenues.
History of Section. P.L. 1898, ch. 544, § 10; G.L. 1909, ch. 68, § 2; G.L. 1923, ch. 71, § 2; G.L. 1938, ch. 180, § 2; impl. am. P.L. 1951, ch. 2752, § 21; G.L. 1956, § 16-11-2; P.L. 1995, ch. 370, art. 40, § 44.
History of Section. P.L. 1987, ch. 385, § 2; P.L. 1988, ch. 84, § 46; Repealed by P.L. 1996, ch. 404, § 13, effective August 9, 1996.
(a) No person who obtained an initial certificate prior to January 8, 2002 shall be barred from certification under this chapter solely because of his or her score on any standardized teacher’s examination; provided, however, that he or she successfully completes an assessment, based on criteria established by the board of regents for elementary and secondary education, in accordance with 34 CFR § 200.56.
(b) The board of regents for elementary and secondary education may administer a written examination to prospective teachers seeking certification.
History of Section. P.L. 1991, ch. 352, § 1; P.L. 2003, ch. 165, § 1.
The board of regents for elementary and secondary education may, in its discretion, issue certificates of qualification without examination to persons who may present evidence of qualification and shall comply with the regulations of the board. Provided, that any teacher who is certified in two (2) fields or subjects of science, other than general science, shall also be automatically certified in the field or subject of general science without the need for examination or other proof of qualifications in the subject of general science.
History of Section. P.L. 1898, ch. 544, § 12; G.L. 1909, ch. 68, § 3; G.L. 1923, ch. 71, § 3; G.L. 1938, ch. 180, § 3; impl. am. P.L. 1951, ch. 2752, § 21; G.L. 1956, § 16-11-3; P.L. 1980, ch. 379, § 1.
(a) The commissioner of elementary and secondary education shall promulgate rules and regulations under which a certificate may be annulled for cause. The holder shall be entitled to notice and a hearing before the commissioner of elementary and secondary education prior to the annulment of the certificate. The holder shall have an opportunity to appeal the decision of the commissioner to the council on elementary and secondary education, if desired.
(b) In the event the license of any person licensed pursuant to the provisions of this chapter is subject to renewal or recertification, for any reason, including, but not limited to, the payment of licensing fees, the department of elementary and secondary education shall send notice to such person of the need for such renewal or recertification, by electronic mail or e-mail. Said notice shall be issued at least ninety (90) calendar days prior to the proposed action. Such notice shall include:
(1) The action proposed by the department;
(2) The date such action proposed is to be taken; and
(3) A statement as to what actions the person needs to perform to retain the license, if applicable.
(c) The notice required by subsection (b) of this section shall be in addition to, and not in place of, any other notice required by law.
History of Section. P.L. 1984, ch. 94, § 2; P.L. 1984, ch. 115, § 2; P.L. 2015, ch. 139, § 1; P.L. 2015, ch. 152, § 1; P.L. 2016, ch. 511, art. 1, § 7.
The interstate agreement on qualification of education personnel is enacted into law and entered into with all other jurisdictions legally joining therein, in the form substantially as follows:
INTERSTATE AGREEMENT ON QUALIFICATION OF EDUCATIONAL PERSONNEL
ARTICLE I Purpose, Findings, and Policy
1. The states party to this agreement, desiring by common action to improve their respective school systems by utilizing the teacher or other professional educational person wherever educated, declare that it is the policy of each of them, on the basis of cooperation with one another, to take advantage of the preparation and experience of such persons wherever gained, thereby serving the best interests of society, of education, and of the teaching profession. It is the purpose of this agreement to provide for the development and execution of such programs of cooperation as will facilitate the movement of teachers and other professional educational personnel among the states party to it, and to authorize specific interstate educational personnel contracts to achieve that end.
2. The party states find that included in the large movement of population among all sections of the nation are many qualified educational personnel who move for family and other personal reasons but who are hindered in using their professional skill and experience in their new locations. Variations from state to state in requirements for qualifying educational personnel discourage such personnel from taking the steps necessary to qualify in other states. As a consequence, a significant number of professionally prepared and experienced educators is lost to our school systems. Facilitating the employment of qualified educational personnel, without reference to their states of origin, can increase the available educational resources. Participation in this compact can increase the availability of educational manpower.
ARTICLE II Definitions
As used in this agreement and contracts made pursuant to it, unless the context clearly requires otherwise:
1. “Educational personnel” means persons who must meet requirements pursuant to state law as a condition of employment in educational programs.
2. “Designated state official” means the education official of a state selected by that state to negotiate and enter into, on behalf of his state, contracts pursuant to this agreement.
3. “Accept,” or any variant thereof, means to recognize and give effect to one or more determinations of another state relating to the qualifications of education personnel in lieu of making or requiring a like determination that would otherwise be required by or pursuant to the laws of a receiving state.
4. “State” means a state, territory, or possession of the United States; the District of Columbia; or the Commonwealth of Puerto Rico.
5. “Originating state” means a state (and the subdivision thereof, if any) whose determination that certain educational personnel are qualified to be employed for specific duties in schools is acceptable in accordance with the terms of a contract made pursuant to article III.
6. “Receiving state means a state (and the subdivisions thereof) which accept educational personnel in accordance with the terms of a contract made pursuant to article III.
ARTICLE III Interstate Educational Personnel Contracts
1. The designated state official of a party state may make one or more contracts on behalf of his state with one or more other party states providing for the acceptance of educational personnel. Any such con- tract for the period of its duration shall be applicable to and binding on the states who designated state officials enter into it, and the subdivisions of those states, with the same force and effect as if incorporated in this agreement. A designated state official may enter into a contract pursuant to this article only with states in which he finds that there are programs of education, certification standards or other acceptable qualifications that assure preparation or qualification of educational personnel on a basis sufficiently comparable, even though not identical to that prevailing in his own state.
2. Any such contract shall provide for:
(a) Its duration.
(b) The criteria to be applied by an originating state in qualifying educational personnel for acceptance by a receiving state.
(c) Such waivers, substitutions, and conditional acceptances as shall aid the practical effectuation of the contract without sacrifice of basic educational standards.
(d) Any other necessary matters.
3. No contract made pursuant to this agreement shall be for a term longer than five (5) years but any such contract may be renewed for like or lesser periods.
4. Any contract dealing with acceptance of educational personnel on the basis of their having completed an educational program shall specify the earliest date or dates on which originating state approval of the program or programs involved can have occurred. No contract made pursuant to this agreement shall require acceptance by a receiving state of any persons qualified because of successful completion of a program prior to January 1, 1954.
5. The certification or other acceptance of a person who has been accepted pursuant to the terms of a contract shall not be revoked or otherwise impaired because the contract has expired or been terminated. However, any certificate or other qualifying document may be revoked or suspended on any ground which would be sufficient for revocation or suspension of a certificate or other qualifying document initially granted or approved in the receiving state.
6. A contract committee composed of the designated state officials of the contracting states or their representatives shall keep the contract under continuous review, study means of improving its administration, and report no less frequently than once a year to the heads of the appropriate education agencies of the contracting states.
ARTICLE IV Approved and Accepted Programs
1. Nothing in this agreement shall be construed to repeal or other- wise modify any law or regulation or a party state relating to the approval of programs of educational preparation having effect solely on the qualification of educational personnel within that state.
2. To the extent that contracts made pursuant to this agreement deal with the educational requirements for the proper qualification of educational personnel, acceptance of a program of educational preparation shall be in accordance with such procedures and requirements as may be provided in the applicable contract.
ARTICLE V Interstate Cooperation
The party states agree that:
1. They will, so far as practicable, prefer the making of multilateral contracts pursuant to article III of this agreement.
2. They will facilitate and strengthen cooperation in interstate certification and other elements of educational personnel qualification and for this purpose shall cooperate with agencies, organizations, and associations interested in certification and other elements of educational personnel qualification.
ARTICLE VI Agreement Evaluation
The designated state officials of any party states may meet from time to time as a group to evaluate progress under the agreement, and to formulate recommendations for changes.
ARTICLE VII Other Arrangements
Nothing in this agreement shall be construed to prevent or inhibit other arrangements or practices of any party state or states to facilitate the interchange of educational personnel.
ARTICLE VIII Effect and Withdrawal
1. This agreement shall become effective when enacted into law by two (2) states. Thereafter it shall become effective as to any state upon its enactment of this agreement.
2. Any party state may withdraw from this agreement by enacting a statute repealing the same, but no such withdrawal shall take effect until one (1) year after the governor of the withdrawing state has given notice in writing of the withdrawal to the governors of all other party states.
3. No withdrawal shall relieve the withdrawing state of any obligation imposed upon it by a contract to which it is a party. The duration of contracts and the methods and conditions of withdrawal therefrom shall be specified in their terms.
ARTICLE IX Construction and Severability
This agreement shall be liberally construed so as to effectuate the purposes thereof. The provisions of this agreement shall be severable and if any phrase, clause, sentence, or provision of this agreement is declared to be contrary to the constitution of any state or of the United States, or the application thereof to any government, agency, person, or circumstance is held invalid, the validity of the remainder of this agreement and the applicability thereof to any government, agency, person, or circumstance shall not be affected thereby. If this agreement shall be held contrary to the constitution of any state participating therein, the agreement shall remain in full force and effect as to the state affected as to all severable matters.
History of Section. P.L. 1969, ch. 206, § 1.
The “designated state official” for this state shall be the commissioner of elementary and secondary education. The commissioner is hereby authorized to enter into contracts pursuant to article III of the agreement in § 16-11-5.
History of Section. P.L. 1969, ch. 206, § 2.
True copies of all contracts made on behalf of this state pursuant to the agreement shall be kept on file in the office of the commissioner of elementary and secondary education and in the office of the secretary of state. The department of elementary and secondary education shall publish all contracts in convenient form.
History of Section. P.L. 1969, ch. 206, § 3.
(a) The Rhode Island department of education shall, as part of its certification of qualified candidates, utilize and apply for available grants with the Troops to Teachers (TTT) program whose oversight is provided by the United States Department of Defense and managed by the Defense Activity for Non-Traditional Educational Support (DANTES).
(b) The implementation of the TTT program pursuant to this section shall be contingent upon federal funding. State funds or appropriations shall not be utilized in connection with the implementation of this section.
(c) The commissioner shall promulgate whatever rules and regulations, including the creation of necessary forms and applications, that are required to carry out the provisions of this section.
History of Section. P.L. 2018, ch. 135, § 1; P.L. 2018, ch. 287, § 1.
(a) The department of elementary and secondary education (the “department”) shall establish a fast-track principal certification program.
(b) The fast-track principal certification program shall include, but need not be limited to, the following courses:
(1) School finance;
(2) School law; and
(3) Supervision of school personnel.
(c) Participants will earn a principal certification after successful completion of the courses, from a program approved by the department, required in subsection (b), and successful completion of the following three (3) requirements:
(1) A year-long internship shadowing a principal in the district where the participant is currently employed;
(2) Leading a districtwide or schoolwide initiative; and
(3) Successfully passing assessment requirements for Rhode Island principal certification.
(d) To be eligible for admission into the fast-track principal certification program, an applicant shall:
(1) Have a minimum of ten (10) years’ experience as a teacher rated “effective” or “highly effective”;
(2) Have a recommendation from the superintendent(s) of the local education agency (LEA) or agencies in which the applicant worked as a teacher previously, or is working currently;
(3) Have a record of consistent leadership within an LEA, demonstrated through serving as a facilitator of professional development, a dean, a district coach, a department chair, or in another leadership position within a school or LEA; and
(4) Possess a master’s degree or higher.
(e) Participants who earn a principal certification pursuant to this section shall complete a department-approved leadership development program to build leadership skills that support teaching and learning within the first renewal cycle of their certification.
(f) For the purposes of this section, “local education agencies” shall include all of the following within the state:
(1) Public school districts;
(2) Regional school districts;
(3) State-operated schools;
(4) Regional collaborative schools; and
(5) Charter schools.
(g) Participants who have earned a principal certification by fulfilling all of the requirements of this section and completing courses offered by the RIDE accredited school principal preparation program (internship) shall not be required to complete the department-approved leadership program set forth in subsection (e) but shall instead successfully complete an additional course on program evaluation (including data analysis).
History of Section. P.L. 2019, ch. 117, § 1; P.L. 2019, ch. 151, § 1; P.L. 2023, ch. 121, § 1, effective June 19, 2023; P.L. 2023, ch. 122, § 1, effective June 19, 2023.
(a) The department of education shall provide rules and regulations to streamline the English as a second language (ESL) and/or English language learner (ELL) teaching certification, including, but not limited to: providing reciprocity to persons who hold a Massachusetts teaching certificate with similar certification in ELL and/or the Massachusetts counterpart, sheltered English immersion endorsements (SEI); providing cohorts where current Rhode Island certified teachers can obtain ESL and/or ELL endorsements; providing classes for current Rhode Island certified teachers at the individual school level within each school district, as well as accepting classes for Rhode Island ESL and/or ELL certification that are accepted for Massachusetts SEI endorsement.
(b) The intention of this section is to increase the number and percentage of teachers in the state who are certified as English as a second language (ESL) and/or English language learner (ELL) teachers.
History of Section. P.L. 2021, ch. 296, § 1, effective January 1, 2022; P.L. 2021, ch. 297, § 1, effective January 1, 2022.
The department of elementary and secondary education shall promulgate rules and regulations concerning the necessary requirements for first aid certification for any person who coaches in any athletic program in any school supported wholly or in part by public money.
History of Section. P.L. 1979, ch. 208, § 2; P.L. 2003, ch. 83, § 1; P.L. 2003, ch. 84, § 1; P.L. 2015, ch. 141, art. 20, § 15.
Prior to the start of each sport’s season, the head coach of a team which regularly competes against a school which receives public funds shall give or sponsor a lecture to his or her team as regards the long-term health effects of substance abuse, including, but not limited to, the use of steroids, alcohol, and drugs. The head coach shall utilize community resources including drug counselors and the student assistance program when giving or sponsoring the lecture.
History of Section. P.L. 1990, ch. 376, § 1.
The term “teacher assistant” as used in this chapter is deemed to include any person employed to provide instructional or other direct services to students (and/or their parents/legal guardian) under the supervision and direction of the classroom teacher or other appropriately-certified professional staff. The department of elementary and secondary education shall coordinate the development of program standards for a training program for teacher assistants. The department of elementary and secondary education shall develop and make program standards available.
History of Section. P.L. 1996, ch. 167, § 1; P.L. 1997, ch. 96, § 1.
No person shall be employed as a teacher assistant in any school supported in whole or in part by public funds unless he or she shall:
(1) Be of good character as verified by the employer;
(2) Hold a high school diploma or general equivalency diploma;
(3) For any person hired after January 1, 1999, complete a training program in compliance with the teacher assistant program standards developed by the department of elementary and secondary education pursuant to § 16-11.2-1. The training program shall not be required of those persons employed as a teacher assistant in another Rhode Island school district prior to January 1, 1999, those who hold certification as a teacher assistant in another state, or those who hold an associate’s or bachelor’s degree and have completed coursework or other training consistent with the teacher assistant program standards developed by the department of elementary and secondary education;
(4) If hired after January 8, 2002, and providing an instructional service, have completed at least two (2) years of study at an institution of higher education, obtained an associate’s (or higher) degree; or otherwise met a rigorous standard of quality and can demonstrate through a formal state or local academic assessment an appropriate level of: (i) knowledge of, and the ability to assist in instructing, reading, writing, and mathematics; or (ii) knowledge of, and the ability to assist in instructing, reading readiness, writing readiness, and mathematics readiness, as appropriate. Assessments developed at the local level may consist of performance assessments documenting teacher assistant skills; and
(5) If hired on or before January 8, 2002, and providing instructional service, meet the requirements set forth in subdivision (4) herein not later than January 8, 2006. The employer shall pay for up to two (2) test administration fees for all teacher assistants hired prior to July 1, 2003.
History of Section. P.L. 1996, ch. 167, § 1; P.L. 1997, ch. 96, § 1; P.L. 2003, ch. 126, § 1; P.L. 2003, ch. 136, § 1.
(a) As a condition of continued employment every person employed as a teacher assistant shall participate in ongoing professional development.
(b) Each school district or institution employing teacher assistants shall maintain records on a teacher assistant’s completion of:
(1) Training for the work assignment;
(2) Continuing education and relevant coursework;
(3) For any person hired after January 1, 1999, a certificate of completion from a training program which complied with the teaching assistant training program standards developed by the department of elementary and secondary education pursuant to § 16-11.2-1; and/or
(4) The requirements set forth in § 16-11.2-2(4).
History of Section. P.L. 1996, ch. 167, § 1; P.L. 1997, ch. 96, § 1; P.L. 2003, ch. 126, § 1; P.L. 2003, ch. 136, § 1.
Any person employed as a teacher assistant on August 5, 1996 shall not be required to meet the requirement set forth in § 16-11.2-2(2) and (3), but shall meet all other requirements imposed by this section no later than August 5, 1996.
History of Section. P.L. 1996, ch. 167, § 1; P.L. 1997, ch. 96, § 1.
Except as provided in § 16-11.2-2, no person shall be deemed not qualified to be a teacher assistant under this chapter solely because of his or her score on any standardized teacher assistant’s examination. Nothing contained in this section shall be construed to require standardized testing for noninstructional teaching assistant positions.
History of Section. P.L. 1996, ch. 167, § 1; P.L. 2003, ch. 126, § 2; P.L. 2003, ch. 136, § 2.
Any teacher assistant hired after July 1, 2002 who substitutes as a teacher assistant for more than twenty (20) days during any school year shall be required to meet the general qualifications of teacher assistant as provided in § 16-11.2-2.
History of Section. P.L. 2001, ch. 235, § 1.
The department of elementary and secondary education shall convene an early reading success panel composed of elementary school teachers, school administrators, national experts in the field of reading research, and early childhood and higher education experts knowledgeable in the field of reading research. The panel shall review research on how reading is learned and on the knowledge and skills necessary for teachers to deliver effective reading instruction by July 1, 2001.
History of Section. P.L. 2000, ch. 278, § 1.
The department of elementary and secondary education shall develop, within available appropriations, a state-wide early reading success institute for educators based on the review completed by the early reading success panel pursuant to § 16-11.3-1.
History of Section. P.L. 2000, ch. 278, § 1.
The general assembly recognizes that teaching and the rendering of other professional educational services in the pre-kindergarten through grade twelve (12) of public schools in this state affect the public interest. The general assembly further recognizes the importance of governing the preparation, licensure, and regulation of public school teachers and administrators through policies for teacher and administrator certification that maintain the highest professional standards and that are promulgated by the board of regents for elementary and secondary education with full input from those practicing in the profession.
History of Section. P.L. 2001, ch. 188, § 1.
There is hereby established a policy advisory board on teacher and administrator certification to consist of eleven (11) members: two (2) of whom shall be representatives of the Rhode Island Federation of Teachers and Health Professionals; two (2) of whom shall be representatives of the National Education Association of Rhode Island; two (2) of whom shall be members of the Association of Independent Colleges and Universities of Rhode Island (AICU Rhode Island); one of whom shall be a representative of the University of Rhode Island School of Education; one of whom shall be a representative of the Rhode Island College School of Education; one of whom shall be a representative of the Rhode Island Association of School Principals; one of whom shall be a representative of the Rhode Island Association of School Administrators; and one of whom shall be the commissioner of higher education, or his or her designee. The director of the department of elementary and secondary education office of teacher preparation, certification and professional development shall be non-voting ex-officio to the board. The policy advisory board shall advise the commissioners of elementary and secondary education and the board of regents for elementary and secondary education on the development of all policies, rules, and regulations relating to the certification of teachers and administrators.
History of Section. P.L. 2001, ch. 188, § 1; P.L. 2012, ch. 110, § 1; P.L. 2012, ch. 129, § 1.
(a) The policy advisory board on teacher and administrator certification shall hold regular meetings not less than ten (10) per year. The board shall hold additional special meetings as it deems necessary. Special meetings may be called by the commissioners of the department of elementary and secondary education, or by the request for a meeting of at least four (4) members. The presence of a majority of members shall constitute a quorum for transaction of business. All meetings of the board shall be open and public, except that the board may call an executive session as provided for in chapter 46 of title 42.
(b) The department of elementary and secondary education shall provide all necessary staff and logistical support to the board to enable the board to carry out its function.
(c) The provisions of chapter 46 of title 42 shall apply to all meetings of this board.
History of Section. P.L. 2001, ch. 188, § 1.
The advisory board shall:
(1) Recommend to the commissioner of elementary and secondary education and to the council on elementary and secondary education standards for obtaining and maintaining a certificate of qualifications;
(2) Recommend to the commissioner of elementary and secondary education and to the council on elementary and secondary education standards for the revocation or suspension of a certificate of qualifications and the standards for the reinstatement of a suspended or revoked certificate of qualifications;
(3) Recommend to the commissioner of elementary and secondary education and to the council on elementary and secondary education the adoption or revision of rules and regulations consistent with law as may be necessary to regulate teacher and administrator certification pursuant to chapter 11 of this title;
(4) Recommend to the commissioner of elementary and secondary education, commissioner of postsecondary education and to the councils on elementary and secondary education and postsecondary education standards for teacher and administrator preparation programs in this state and standards for the evaluation of teacher and administrator preparation programs in this state. The commissioner of elementary and secondary education and the commissioner of postsecondary education shall provide a report to the presidents of the university of Rhode Island and Rhode Island college, the president of the senate and the speaker of the house of representatives that outlines the recommendations of the advisory board and what, if any, action was taken by October 31, 2017.
History of Section. P.L. 2001, ch. 188, § 1; P.L. 2017, ch. 275, § 1; P.L. 2017, ch. 292, § 1.
Pursuant to § 16-60-10, the board of regents of elementary and secondary education shall conform to the rulemaking requirements of the Administrative Procedures Act, chapter 35 of title 42, in implementing this chapter.
History of Section. P.L. 2001, ch. 188, § 1.
(a) This section shall be known and may be cited as the “Right to Read Act.”
(b) No later than 2025, the following shall have proficient knowledge and skills to teach reading consistent with the best practices of scientific reading instruction and structured literacy instruction:
(1) A person who completes a state-approved educator preparation program; and
(2) A person seeking teacher licensure by reciprocity or by adding an endorsement.
In addition, no later than 2025, a person who completes a state-approved educator preparation program, other than a teacher of elementary education program, shall demonstrate an awareness of the best practices of scientific reading instruction and structured literacy instruction.
(c) Beginning no later than the 2024-2025 school year, each state-approved educator preparation program shall post on its website information describing its program to prepare teachers to teach reading with scientific reading instruction and structured literacy instruction; aligned with, but not limited to, the content measured by the stand-alone reading assessment adopted by the Rhode Island board of education act.
(d) Beginning with the 2020-2021 school year, a public school district and an open-enrollment public charter school shall provide the following professional development in scientific reading instruction and structured literacy instruction:
(1) For teachers licensed at the elementary level, professional development for one of the prescribed pathways to obtaining a proficiency credential in knowledge and practices in scientific reading instruction and structured literacy instruction; and
(2) For teachers licensed at a level other than the elementary level, professional development for one of the prescribed pathways to obtaining an awareness credential in knowledge and practices in scientific reading instruction and structured literacy instruction.
(e) Beginning with the 2022-2023 school year, a public school that does not provide the professional development pursuant to the provisions of subsection (d) shall:
(1) Be placed on probationary status; and
(2) Provide notice to parents that the public school district has not met the requirements of this section.
(f) By the beginning of the 2025-2026 school year:
(1) All teachers employed in a teaching position that requires an elementary education (K-6) license or (K-12) license shall demonstrate proficiency in knowledge and practices of scientific reading and structured literacy instruction; and
(2) All other teachers shall demonstrate awareness in knowledge and practices of scientific reading instruction and structured literacy instruction.
(g) All teachers who begin employment in the 2025-2026 school year and each school year thereafter shall demonstrate proficiency or awareness in knowledge and practices in scientific reading instruction and structured literacy instruction as is applicable to their teaching position by completing the prescribed proficiency or awareness in knowledge and practices of the scientific reading instruction credential and a structured literacy instruction credential either:
(1) As a condition of licensure; or
(2) Within one year if the teacher is:
(i) Already licensed; or
(ii) Employed under a waiver from licensure.
(h) A provider of a state-approved educator preparation program shall include in its annual report to the department of elementary and secondary education (the “department”) a description of program to prepare educators to teach reading using scientific reading instruction and structured literacy instruction.
(i) A public school district that employs an educator in violation of this section or that does not provide the professional development as required under this section shall be in violation of the standards for accreditation of the Rhode Island board of education act, and the school district may be placed on probationary status by the department. A public school district placed on probationary status pursuant to the provisions of this subsection shall send written notification to the parents of the students in the public school district of the reason for being placed on probationary status.
(j) A provider of a state-approved educator preparation program that does not comply with the requirements of this section may be subject to penalties up to and including having the provider’s approval status revoked.
(k) The department is vested with the authority to, and shall enforce, this section.
( l ) The department shall promulgate rules to implement the provisions of this section no later than August 1, 2022.
(1) The rules and regulations adopted by the department shall recognize that teachers shall have met the requirement of demonstrating awareness in knowledge and practices of scientific reading and structured literacy instruction by attending ten (10) hours of training in scientific reading and structured literacy instruction.
(2) The rules and regulations adopted by the department shall recognize that teachers shall have met the requirement of demonstrating proficiency in knowledge and practices of scientific reading and structured literacy instruction by one of the following:
(i) Possessing a Master’s degree in reading or a related academic discipline;
(ii) Possessing a reading specialist and/or consultant certificate;
(iii) Providing proof of completion of a course or training program in scientific reading and structured literacy instruction consisting of at least thirty (30) hours; or
(iv) Passing a test in scientific reading and structured literacy instruction adopted by the department at no cost to the teacher.
(m) Teachers shall not be required to attend training sessions outside the normal workday and work year unless mutually agreed to by the teacher, the school district, and the collective bargaining agent if applicable.
(n) For the 2022-2023, 2023-2024, and 2024-2025 school years, school districts shall be able to replace up to three (3) student instructional days per year with teacher professional development days in order to meet the requirements of this section.
(o) As used in this section:
(1) The term “scientific reading instruction” means instruction that is instructional centered, empirically based, and further based on the study of the relationship between cognitive science and educational outcomes; and
(2) The term “structured literacy instruction” means an approach by which licensed personnel teach reading, which includes syllables, morphology, sound-symbol correspondence, semantics, and syntax, in an explicit, systematic, and diagnostic manner.
History of Section. P.L. 2019, ch. 112, § 1; P.L. 2019, ch. 155, § 1; P.L. 2020, ch. 79, art. 2, § 6; P.L. 2022, ch. 267, § 1, effective July 2, 2022; P.L. 2022, ch. 323, § 1, effective July 6, 2022.
The term “teacher,” as used in this chapter, is deemed to include every person employed as a teacher, supervisor, principal, or superintendent or assistant superintendent, of schools, whether employed in schools supported in whole or in part by public funds, or in colleges, or in public institutions, or in the department of elementary and secondary education.
History of Section. G.L. 1938, ch. 180, § 15; G.L. 1956, § 16-12-1.
No member of the school committee of any town shall, so long as he or she continues in office as member of the school committee, be eligible or employed to teach as principal, supervisor, or assistant in any school supported entirely or in part by public money, or to serve as superintendent of schools, within the town in which the member of the school committee resides.
History of Section. G.L. 1896, ch. 61, § 6; P.L. 1899, ch. 620, § 1; G.L. 1909, ch. 68, § 7; P.L. 1916, ch. 1377, § 1; G.L. 1923, ch. 71, § 7; G.L. 1938, ch. 180, § 7; G.L. 1956, § 16-12-2.
Every teacher shall aim to implant and cultivate in the minds of all children committed to his or her care the principles of morality and virtue.
History of Section. G.L. 1896, ch. 61, § 7; G.L. 1909, ch. 68, § 8; G.L. 1923, ch. 71, § 8; G.L. 1938, ch. 180, § 8; G.L. 1956, § 16-12-3.
At the opening of every school day in all grades in all public schools the teacher in charge of the room in which each class is held shall announce that a period of silence not to exceed one minute in duration shall be observed for meditation, and during this period silence shall be maintained and no activities engaged in.
History of Section. P.L. 1977, ch. 84, § 1.
On every September 11 in all grades in all public schools, a building administrator or a teacher may allow a brief moment of silence to be observed in memory of the tragic events of September 11, 2001.
History of Section. P.L. 2025, ch. 411, § 1, effective July 2, 2025; P.L. 2025, ch. 412, § 1, effective July 2, 2025.
(a) Every teacher in any public or private school shall keep a register of the names of all the students attending the school, their sex and age, names of parents or guardians, the time when each student enters and leaves the school, and their daily attendance, and shall prepare any report required by the school committee or department of elementary and secondary education.
(b) The school committee may establish an alternative method of keeping the register provided that all required information is furnished to the department of elementary and secondary education.
History of Section. G.L. 1896, ch. 61, § 5; G.L. 1909, ch. 68, § 6; P.L. 1922, ch. 2234, § 13; G.L. 1923, ch. 71, § 6; G.L. 1938, ch. 180, § 6; impl. am. P.L. 1951, ch. 2752, § 21; G.L. 1956, § 16-12-4; P.L. 1976, ch. 150, § 1.
The annual salary of any teacher employed on a full time basis in any public school shall not be less than twelve hundred dollars ($1,200).
History of Section. P.L. 1909, ch. 458, § 1; P.L. 1922, ch. 2234, § 18; G.L. 1923, ch. 71, § 13; G.L. 1938, ch. 180, § 13; P.L. 1945, ch. 1607, § 1; G.L. 1956, § 16-12-5.
The school committee of any town may, on reasonable notice and hearing, dismiss any teacher for refusal to conform to the regulations made by the committee, or for other just cause.
History of Section. G.L. 1896, ch. 61, § 4; G.L. 1909, ch. 68, § 5; G.L. 1923, ch. 71, § 5; P.L. 1938, ch. 2641, § 1; G.L. 1938, ch. 180, § 5; P.L. 1941, ch. 1033, § 1; G.L. 1956, § 16-12-6; P.L. 2009, ch. 316, § 1; P.L. 2009, ch. 317, § 1.
The school committee of the town of Cumberland in electing teachers shall elect to serve at its discretion all teachers who have served in the schools under its direction for the previous three (3) consecutive school years; provided, that the school committee of the town of Cumberland may elect to serve at its discretion any person who has served more than one previous consecutive year. The school committee of the town of Cumberland may dismiss a teacher within the year of employment in the instance of teachers not employed at discretion, and at any time in the instance of teachers employed at discretion by a two-thirds (⅔) vote of the whole school committee for cause, which may be a violation of law, flagrant or persistent violation of the rules and regulations legally prescribed by the school committee, inefficiency, incapacity, insubordination, conduct unbecoming a teacher, or other just cause; provided, that no teacher shall be dismissed unless he or she has received a written copy of the charge or charges against him or her not less than thirty (30) days before the meeting at which the charge or charges are to be considered, and unless the teacher if he or she so requests it has been given a hearing before the school committee, and unless the charge or charges has or have been admitted or substantiated; and provided, further, that nothing in this section shall prevent the retirement of any teacher under a rule of the school committee affecting marriage or for the purpose of chapter 15 of this title; or the retirement at the end of any school year of any teacher whose services may no longer be required by reason of the closing of schools or the discontinuance of classes; and provided, further, that the school committee of the town of Cumberland may suspend any teacher for cause pending a hearing, but that suspension shall not involve loss of salary unless the cause is sufficient to justify dismissal as provided in this section.
History of Section. P.L. 2009, ch. 316, § 2; P.L. 2009, ch. 317, § 2; P.L. 2013, ch. 257, § 1; P.L. 2013, ch. 364, § 1.
(a) No teacher as defined in this section shall be required to teach classes in any of the state institutions named in this section for a maximum of more than one hundred and ninety (190) days in any one school year.
(b) The term “teacher” as used in this section is deemed to mean every person for whose position a certificate issued by the department of elementary and secondary education is required by law, and who is, or may be, employed by the state in a teaching capacity in any of the various correctional, medical, educational, mental, and any other types of similar public institutions owned and operated by this state.
History of Section. R.P.L. 1957, ch. 157, §§ 1, 2.
(a) The general laws which apply to certified teachers in the cities and towns shall apply equally to certified teachers in state schools.
(b) The provisions of § 16-60-7.2 shall also apply equally to certified teachers in state schools.
History of Section. P.L. 1969, ch. 99, § 1; P.L. 1990, ch. 503, § 1.
Notwithstanding any prior ratification and validation by the general assembly of any home rule charter provision requiring that a public school department employee reside within the employing city or town, effective September 1, 2001, no home rule charter provision shall require that a public school department employee reside within the city or town as a condition of appointment or continued employment. Any prior ratification and validation by the general assembly of a home rule charter provision requiring residency within a city or town as a condition for employment of a public school department employee is expressly repealed by the general assembly. Nor shall any town or city council make or ordain any ordinance requiring that a public school department employee reside within the employing city or town as a condition of appointment or continued employment. Any existing ordinance requiring that a public school department employee reside within the employing city or town as a condition of appointment or continued employment is considered contrary to the laws of this state and is thus void as violative of state law.
History of Section. P.L. 1976, ch. 204, § 1; P.L. 1994, ch. 146, § 2; P.L. 1999, ch. 121, § 3; P.L. 2000, ch. 55, art. 20, § 5; P.L. 2005, ch. 299, § 1; P.L. 2005, ch. 310, § 1.
Any teacher, school administrator, school guidance counselor, school psychologist, school drug counselor, school nurse, supervisor of attendance, attendance teacher, or attendance officer having reasonable cause to suspect that an elementary or secondary school student is abusing a controlled substance or alcohol, or is under the influence of a dangerous drug or alcohol, or has in his or her possession a controlled substance or alcohol, who reports this information to the appropriate elementary or secondary school officials pursuant to the school’s drug policy, or if the school has no drug policy to the school’s principal or the parents of the student under eighteen (18) years of age, or to a police agency, shall have immunity from any civil liability that might otherwise be incurred or imposed as a result of the making of the report.
History of Section. P.L. 1976, ch. 323, § 1; P.L. 1987, ch. 317, § 1.
(a) Any board of education-approved educator evaluation system for tenured teachers shall include, but not be limited to, the following provisions:
(1) Any teacher who obtains or earns a rating of “highly effective,” or a number “4,” or any equivalent thereof shall, subsequent to such evaluation, be evaluated not more than once every three (3) years thereafter.
(2) Any teacher who obtains or earns a rating of “effective,” or a number “3,” or any equivalent thereof shall, subsequent to such evaluation, be evaluated not more than once every two (2) years thereafter.
(3) An annual conference shall be required for any “highly effective” or “effective” teacher included in subsections (a)(1) and (a)(2) herein. Said conference shall be in accordance with a process and scope determined by each school district’s educator evaluation committee.
(b) The provisions of this section shall not prohibit annual evaluations in circumstances including, but not limited to:
(1) Any teacher who may request an annual evaluation; or
(2) Any teacher during his or her first year teaching under a new teaching certificate.
(c) Any non-tenured teacher shall be evaluated annually.
(d) Notwithstanding the provisions contained in subsection (a), principals may observe a teacher’s classroom and classroom instruction at any time.
(e) Notwithstanding the provisions contained in subsection (a), nothing herein shall preclude more frequent educator evaluations if they are included in a local school district’s negotiated collective bargaining agreement entered into after July 1, 2014.
(f) Notwithstanding the provisions contained in subsection (a), any concerns about a teacher’s performance that arise at anytime shall be handled in accordance with local school district personnel policies and negotiated collective bargaining agreements.
(g) Any regulations of the department of education providing for the evaluation of teachers shall be modified to conform with the provisions and schedule set forth herein; provided, however, that nothing herein shall be construed to direct the department of education to act so as to jeopardize any current funding from a race to the top grant received by the state.
History of Section. P.L. 2014, ch. 470, § 1.
The general assembly recognizes that administrators are not members of teacher collective bargaining units and, therefore, are not protected by the terms of teacher bargaining agreements. While clearly intending neither to interfere with the discretion of school committees to choose those who shall administer local schools nor to grant tenure to school administrators, the general assembly deems it necessary to the orderly and effective functioning of public education to inform school administrators of the bases or reasons for their suspension, dismissal, or nonrenewal of their employment relationship, and to afford administrators an opportunity to be heard before the school committee. Full disclosure of the bases or reasons for suspension, dismissal, or nonrenewal and the hearing which may follow, while providing administrators and school committees a meaningful hedge against mistaken or impermissible actions as well as an opportunity to question and confront those individuals whose judgment or allegations furnish the basis for the actions taken, are ultimately intended to erase harmful innuendo from any suspension, dismissal, or nonrenewal of an administrator.
History of Section. P.L. 1979, ch. 372, § 1; P.L. 1983, ch. 291, § 1.
The term “administrator” as used in this chapter applies only to full time, certified professionals having the authority in the interest of a local or regional school district or school within a district to direct, supervise, advise, or manage; provided, however, the term “administrator” does not include superintendents of schools or assistant superintendents of schools. An “administrator” within a teacher bargaining unit, protected by the terms of a regional or local school committee teacher collective bargaining agreement, shall not be protected by the provisions of this chapter.
History of Section. P.L. 1979, ch. 372, § 1.
An administrator shall only be terminated for just cause including but not limited to declining enrollment or consolidation.
History of Section. P.L. 1983, ch. 291, § 2.
Prior to taking final action dismissing or not renewing the employment of an administrator, and subsequent to suspending the employment of an administrator, a regional or local school committee shall provide the affected administrator with: (1) a concise, clear, written statement, privately communicated, of the bases or reasons for the suspension, dismissal, or nonrenewal, and (2) notification of the right of the administrator to a prompt hearing, which shall be at the election of the administrator, and the right to be represented by counsel at the hearing. Upon the request of a hearing by the administrator, prompt notification stating the time and place of the hearing shall be given. The time and place set for the hearing shall allow sufficient opportunity to the administrator for preparation without undue delay.
History of Section. P.L. 1979, ch. 372, § 1.
The hearing shall be held before a quorum of the school committee. The administrator shall have the opportunity to present and cross-examine witnesses. Testimony shall be taken under oath and a full stenographic record shall be kept.
History of Section. P.L. 1979, ch. 372, § 1.
Within a reasonable time, not to exceed thirty (30) days, after the conclusion of the hearing, the school committee shall render a concise, clear, written decision. The findings and conclusions in the decision shall be based exclusively on evidence received at the hearing or on reasonable inferences drawn from the evidence. A copy of the decision shall be promptly supplied to the administrator.
History of Section. P.L. 1979, ch. 372, § 1.
An administrator aggrieved by a final decision of a school committee may obtain review under the provisions of chapter 39 of this title by petitioning the commissioner of elementary and secondary education within ten (10) days of receipt of the decision. When an appeal is taken, the school board shall forward a copy of the complete record of the case to the commissioner of elementary and secondary education.
History of Section. P.L. 1979, ch. 372, § 1.
The term “teacher” as used in this chapter means every person for whose position a certificate issued by the department of elementary and secondary education is required by law.
History of Section. P.L. 1946, ch. 1775, § 1; G.L. 1956, § 16-13-1.
(a) Teaching service shall be on the basis of an annual contract, except as hereinafter provided, and the contract shall be deemed to be continuous unless the governing body of the schools shall notify the teacher, in writing, on or before March 1, that the contract for the ensuing year will not be renewed. If the dismissal or nonrenewal is based on fiscal exigency or program reorganization, the governing body shall notify the teacher on or before June 1 of the school year immediately preceding the school year in which the dismissal or nonrenewal is to become effective. Provided, however, that a teacher, upon request, shall be furnished a statement of cause for dismissal or nonrenewal of his or her contract by the school committee; provided further, that whenever any contract is not renewed, or the teacher is dismissed, the teacher shall be entitled to a hearing and appeal pursuant to the procedure set forth in § 16-13-4.
(b) Nothing contained in this section shall be construed to prohibit, or at any time to have prohibited, a school committee from agreeing, in a collective bargaining agreement, to the arbitration of disputes arising out of a dismissal or nonrenewal of a nontenured teacher pursuant to subsection (a) of this section.
History of Section. P.L. 1946, ch. 1775, § 2; G.L. 1956, § 16-13-2; P.L. 1970, ch. 222, § 1; 1995, ch. 387, § 1; P.L. 2014, ch. 278, § 1; P.L. 2014, ch. 335, § 1.
(a) Three (3) annual contracts within five (5) successive school years shall be considered evidence of satisfactory teaching and shall constitute a probationary period. Teachers who complete the probationary period shall be considered in continuous service and shall not be subject to annual renewal or nonrenewal of their contracts. No tenured teacher in continuous service shall be dismissed except for good and just cause. Whenever a tenured teacher in continuous service is to be dismissed, the notice of the dismissal shall be given to the teacher, in writing, on or before March 1 of the school year immediately preceding the school year in which the dismissal is to become effective. If the dismissal is based on fiscal exigency or program reorganization, the notice of dismissal shall be given to the teacher, in writing, on or before June 1 of the school year immediately preceding the school year in which the dismissal is to become effective. The teacher shall be furnished with a complete statement of the cause(s) for the dismissal by the governing body of the school and shall be entitled to a hearing and appeal pursuant to the procedure set forth in § 16-13-4.
(b) Nothing contained in this section shall be construed to prohibit, or at any time to have prohibited, a school committee from agreeing, in a collective bargaining agreement, to the arbitration of disputes arising out of the dismissal of a tenured teacher pursuant to subsection (a) of this section.
(c) Any teacher employed by a local or regional school committee who has attained tenure in a Rhode Island public school system; who is appointed to an administrative position of principal, assistant principal, vice principal, superintendent, assistant superintendent, director, or other central office personnel in any Rhode Island public school system, including the original school district of employment; or who is hired for an administrative position as a fellow, education specialist, or director by the Rhode Island department of education, shall be granted an unpaid leave of absence, not to exceed three (3) years, in order to be employed in an administrative position of principal, assistant principal, vice principal, superintendent, assistant superintendent, director, or other central office personnel in any Rhode Island school system or the Rhode Island department of education. Said teachers shall, upon completion of their administrative position employment contract, or termination or resignation of the administrative position, be allowed to return to his or her former status as a tenured teacher within the system from which the leave of absence was taken. Such leaves of absence shall not be deemed to be an interruption of service for the purposes of seniority and teacher retirement.
History of Section. P.L. 1946, ch. 1775, § 3; G.L. 1956, § 16-13-3; P.L. 1975, ch. 258, § 1; P.L. 1992, ch. 170, § 1; P.L. 1995, ch. 387, § 1; P.L. 1997, ch. 307, § 1; P.L. 2013, ch. 267, § 1; P.L. 2013, ch. 362, § 1; P.L. 2014, ch. 278, § 1; P.L. 2014, ch. 335, § 1.
(a) The statement of cause for dismissal shall be given to the teacher, in writing, by the governing body of the schools. The teacher may, within fifteen (15) days of the notification, request, in writing, a hearing before the school committee or school board. The hearing shall be public or private, in the discretion of the teacher. Both teacher and school board shall be entitled to be represented by counsel and to present witnesses. The board shall keep a complete record of the hearing and shall furnish the teacher with a copy. Any teacher aggrieved by the decision of the school board shall have the right of appeal to the department of elementary and secondary education and shall have the right of further appeal to the superior court. Any decisions rendered must be approved by a majority of the full board. Members voting on a decision must have been in attendance at the hearing.
(b) Nothing contained in this section shall be construed to prohibit, or at any time to have prohibited, a school committee in a municipality or regional school district with an elected school committee, or the chief executive officer in a municipality with an appointed school committee from agreeing, in a collective bargaining agreement, to the arbitration of disputes arising out of the nonrenewal, dismissal, and/or suspension of a teacher pursuant to §§ 16-13-2, 16-13-3, and/or 16-13-5.
History of Section. P.L. 1946, ch. 1775, § 4; G.L. 1956, § 16-13-4; P.L. 1965, ch. 20, § 1; P.L. 1995, ch. 387, § 1; P.L. 2011, ch. 265, § 5; P.L. 2014, ch. 278, § 1; P.L. 2014, ch. 335, § 1; P.L. 2015, ch. 93, § 1; P.L. 2015, ch. 131, § 1.
(a) Section 16-13-4 shall not prevent the suspension of a teacher for good and just cause. Prior to the suspension of a teacher as provided in this section, the school committee shall hold a pre-suspension hearing to determine if a suspension is warranted, and at the pre-suspension hearing, shall consider any available evidence and afford the teacher or his or her counsel an opportunity to respond to that evidence. In the event a teacher is suspended or otherwise not permitted to perform his or her duties prior to the presuspension hearing, then the teacher shall be paid his or her regular salary during that period.
(b) Whenever a teacher is suspended by a school committee, the school committee shall furnish the teacher with a complete statement of the cause(s) of the suspension and, upon request, shall afford the teacher a hearing and appeal pursuant to the procedure set forth in § 16-13-4. If the teacher shall be vindicated as a result of the hearing or any appeal the teacher shall be paid in full for the period of suspension, and provided further, that during the period of suspension, all medical and insurance benefits shall remain in full force and effect.
(c) Nothing contained in this section shall be construed to prohibit or at any time to have prohibited a school committee in a municipality or regional school district with an elected school committee, or the chief executive officer in a municipality with an appointed school committee, from agreeing, in a collective bargaining agreement, to the arbitration of disputes arising out of the suspension of a teacher pursuant to subsection (a) of this section.
History of Section. P.L. 1946, ch. 1775, § 5; G.L. 1956, § 16-3-5; P.L. 1986, ch. 94, § 1; P.L. 1988, ch. 357, § 1; P.L. 1995, ch. 387, § 1; P.L. 2011, ch. 265, § 5.
(a) A school board may, by reason of a substantial decrease of pupil population within its school system, suspend teachers in numbers necessitated by the decrease in pupil population; provided, however, that suspension of teachers shall be in the inverse order of their employment unless it is necessary to retain certain teachers of technical subjects whose places cannot be filled by teachers of earlier appointment; and, provided further, that teachers who are suspended shall be reinstated in the inverse order of their suspension. No new appointments shall be made while there are available teachers so suspended.
(b) Notice of suspension under this section and § 16-13-5 shall be given, in writing, by the governing body of schools on or before June 1 notifying the teacher that his or her employment for the ensuing year shall be suspended, provided however, notice by that date need not be provided in the instance of an emergency performance-related cause.
History of Section. P.L. 1946, ch. 1775, § 6; G.L. 1956, § 16-13-6; P.L. 1992, ch. 170, § 1; P.L. 2014, ch. 278, § 1; P.L. 2014, ch. 335, § 1.
Absence from teaching because of serving one’s country shall not impair the continuing service status.
History of Section. P.L. 1946, ch. 1775, § 7; G.L. 1956, § 16-13-7.
Any teacher in continuing service who voluntarily resigns and transfers to another community in Rhode Island without interrupting his or her professional career, shall be considered to remain under tenure unless the teacher is notified to the contrary, in writing, prior to March 1 of the second school year in which the teacher transfers. If the dismissal or nonrenewal is based on fiscal exigency or program reorganization, the teacher shall be notified, in writing, prior to June 1 of the second (2nd) school year in which the teacher transfers.
History of Section. G.L. 1956, § 16-13-8; P.L. 1964, ch. 139, § 1; P.L. 2014, ch. 278, § 1; P.L. 2014, ch. 335, § 1.
(a) Whenever a tenured teacher is terminated for good and just cause pursuant to § 16-13-3 by a school committee or the governing body of a charter or private school, the school committee or the governing body of the charter or private school shall, within sixty (60) days of the termination or in cases where the termination is appealed, within sixty (60) days after the conclusion of the appeal filed by the terminated tenured teacher when the termination is upheld, furnish the Rhode Island department of elementary and secondary education with the identity of the terminated teacher. Provided, this section shall not apply to:
(1) The nonrenewal of a contract of a nontenured teacher pursuant to § 16-13-2; or
(2) The termination of a tenured teacher due to fiscal exigency or program reorganization.
(b) The department shall maintain a list of those teachers who have been terminated for good and just cause (the “list”) and shall update the list monthly to include the names of any additional teachers submitted by a school committee or the governing body of a charter or private school pursuant to the provisions of this section. This list of terminated teachers shall be accessible only to the hiring authority of any private, parochial, charter, or public school.
(c) The list of terminated teachers shall not be a public record pursuant to the “access to public records act” (APRA) set forth in chapter 2 of title 38. This section shall not abrogate or modify any existing statutory or common law privileges or immunities.
History of Section. P.L. 2022, ch. 418, § 1, effective June 30, 2022; P.L. 2022, ch. 419, § 1, effective June 30, 2022.
[Repealed]
History of Section. G.L. 1909, ch. 63, §§ 9, 17, and 18; P.L. 1912, ch. 839, § 1; G.L. 1923, ch. 84, §§ 8-10; G.L. 1923, ch. 65, § 18; P.L. 1932, ch. 1950, § 1; P.L. 1935, ch. 2250, § 149; G.L. 1923, ch. 84, §§ 14-16; P.L. 1938, ch. 2575, § 1; G.L. 1938, ch. 176, §§ 8-11, 15-17; G.L. 1938, ch. 176, § 18; P.L. 1943, ch. 1354, § 1; P.L. 1952, ch. 3040, § 1; P.L. 1954, ch. 3368, § 3; G.L. 1956, §§ 16-14-1 — 16-14-6; P.L. 1957, ch. 69, § 1; Repealed by P.L. 1977, ch. 238, § 6; P.L. 1980, ch. 395, § 1.
[Repealed]
History of Section. G.L. 1907, ch. 1468, §§ 1, 2; G.L. 1909, ch. 69, §§ 1, 2, 4, 5; P.L. 1909, ch. 401, § 1; P.L. 1914, ch. 1090, § 1; P.L. 1915, ch. 1213, § 1; P.L. 1917, ch. 1500, § 1; P.L. 1921, ch. 2053, § 1; P.L. 1921, ch. 2054, § 1; P.L. 1921, ch. 2182, § 1; G.L. 1923, ch. 72, §§ 1 through 6; P.L. 1926, ch. 776, § 1; P.L. 1931, ch. 1707, § 1; P.L. 1937, ch. 2507, § 1; G.L. 1938, ch. 195, §§ 1 through 7; P.L. 1939, ch. 693, § 1; P.L. 1946, ch. 1717, §§ 1, 2; P.L. 1948, ch. 2101, § 4; impl. am. P.L. 1948, ch. 2102, § 4; P.L. 1948, ch. 2129, § 1; P.L. 1948, ch. 2130, § 1; impl. am. P.L. 1951, ch. 2752, § 21; P.L. 1952, ch. 3000, §§ 1, 3; P.L. 1955, ch. 3462, §§ 1, 2; G.L. 1956, §§ 16-15-1 through 16-15-12; P.L. 1958, ch. 208, § 1; impl. am. P.L. 1959, ch. 44; P.L. 1988, ch. 84, § 47; P.L. 1989, ch. 403, § 3; Repealed by P.L. 1992, ch. 306, art. II, § 1, effective January 1, 1993.
The state pension systems for teachers of public education have proved to be inadequate to meet the special needs of retirement during this period of sharply increasing costs of living. A completely adequate retirement system for teachers is an essential responsibility of the state in providing sound public education. Therefore, §§ 16-15-13 to 16-15-15 are designed to provide additional state aid for retired teachers in order to make the teaching profession more attractive to qualified teachers and to provide for the security and welfare of education in the state.
History of Section. P.L. 1959, ch. 124, § 1.
(a) The general assembly shall annually appropriate a sum sufficient to pay an additional annual retirement grant of four hundred dollars ($400) per year for a payment of a pension of not more than two thousand dollars ($2,000) annually to every retired teacher who qualified for either a pension or retirement benefits under the provisions of this chapter.
(b) It shall also annually appropriate a sum sufficient to pay an additional pension grant which when added to the existing pension will provide a maximum annual pension of two thousand dollars ($2,000) to any retired teacher on an ordinary disability pension who has twenty (20) or more years of teaching service credit in the retirement system and to any retired teacher under the maximum plan who has twenty (20) or more years of teaching service credit in the retirement system who retired after July 1, 1949, and whose present annual pension under the provisions of chapter 16 of this title is less than two thousand dollars ($2,000).
(c) This grant shall be an annual state grant and shall be in addition to any and all amounts being paid from any state pension or retirement system and in addition to any payments from a retirement or pension system of any city or town.
(d) All money appropriated in accordance with the amended provisions of this chapter for the retired teachers shall be administered by the department of elementary and secondary education, and all money appropriated in accordance with the amended provisions of chapter 16 of this title for the retired teachers shall be administered by the retirement division in the department of treasury.
History of Section. P.L. 1959, ch. 124, § 2; P.L. 1966, ch. 274, § 2.
(a) The general assembly shall also annually appropriate a sum sufficient to pay an additional retirement grant which when added to the existing pension will provide for the payment of a pension of not more than two thousand dollars ($2,000) annually to every retired teacher who qualified for and is receiving retirement benefits for teaching at Rhode Island College, the University of Rhode Island, or other state schools whose present annual pension is less than two thousand dollars ($2,000). This additional grant shall be an annual state grant and shall be in addition to any and all amounts being paid from the state pension or retirement system and shall be administered by the retirement division in the department of treasury.
(b) These grants shall be apportioned into monthly benefits and shall be disbursed monthly.
History of Section. P.L. 1966, ch. 274, § 3.
(a) Upon the passage of §§ 16-15-13 — 16-15-15 the department of elementary and secondary education and the retirement division in the department of treasury shall apportion the retirement grant into monthly benefits and shall disburse monthly the benefits to all eligible retired teachers under this law.
(b) The state controller is authorized and directed to draw his or her orders upon the general treasurer for the payment of those sums that may be required from time to time upon receipt by him or her of proper vouchers approved by the department of elementary and secondary education and the retirement division in the department of treasury.
History of Section. P.L. 1959, ch. 124, § 3.
(a) The general assembly shall annually appropriate a sum sufficient to pay an additional annual retirement grant of two thousand dollars ($2,000) for a payment of a pension of not more than five thousand dollars ($5,000) annually to every retired teacher who qualified for either a pension or retirement benefits under the provisions of this chapter, and who retired prior to July 1, 1949.
(b) This grant shall be an annual state grant and shall be in addition to any and all amounts being paid from any state pension or retirement system and in addition to any payments from a retirement or pension system of any city or town.
(c) All money appropriated in accordance with the amended provisions of this chapter for the retired teachers shall be administered by the department of elementary and secondary education.
History of Section. P.L. 1970, ch. 114, § 2; P.L. 1972, ch. 168, § 1; P.L. 1973, ch. 227, § 1.
(a) Upon the passage of this chapter the department of elementary and secondary education shall apportion the retirement grant into monthly benefits and shall disburse monthly benefits to all eligible retired teachers under this law.
(b) The state controller is authorized and directed to draw his or her orders upon the general treasurer for the payment of those sums that may be required from time to time upon receipt by the controller of proper vouchers approved by the department of elementary and secondary education and the retirement division in the department of treasury.
History of Section. P.L. 1970, ch. 114, § 3.
(a) The following words and phrases used in this chapter, unless a different meaning is plainly required by the context, have the following meanings:
(1) “Active member” means any teacher as defined in this section for whom the retirement system is currently receiving regular contributions pursuant to §§ 16-16-22 and 16-16-22.1.
(2) “Beneficiary” means any person in receipt of annuity, benefit, or retirement allowance from the retirement system as provided in this chapter.
(3) “Child” includes a stepchild of a deceased member who has been a stepchild for at least one year immediately preceding the date on which the member died or an adopted child of a deceased member without regard to the length of time the child has been adopted.
(4) “Former spouse divorced” means a person divorced from a deceased member, but only if the person meets one of the following conditions:
(i) Is the mother or father of the deceased member’s child(ren);
(ii) Legally adopted the deceased member’s child(ren) while married to the deceased member and while the child(ren) was under the age of eighteen (18) years;
(iii) Was married to the deceased member at the time both of them legally adopted a child(ren) under the age of eighteen (18) years; or
(iv) Was married to the deceased member for ten (10) or more years and to whom the deceased member was required by a court order to contribute post-divorce support.
(5) “Member” means any person included in the membership of the retirement system under the provisions of this chapter.
(6) “Prior service” means service as a teacher rendered prior to the first day of July, 1949, certified on the teacher’s prior service certificate and allowable as prior service under the provisions of this chapter.
(7) “Retired teacher” means any teacher who retired prior to July 1, 1949, pursuant to the provisions of G.L. 1938, ch. 195, as amended, and who on June 30, 1949, was in receipt of a pension under the provisions of that chapter.
(8) “Retirement system” and “system” means the employees’ retirement system of the state of Rhode Island created by chapter 8 of title 36, and “retirement board” means the board established under that chapter.
(9) “Salary” or “compensation” includes any and all salary paid for teaching services regardless of whether any part of the salary or compensation is derived from any state or federal grant or appropriation for teachers’ salaries, as the term is defined in § 36-8-1(8). “Average compensation” shall be defined in accordance with § 36-8-1(5)(b).
(10) “Service” means service as a teacher as described in subdivision (12) of this section. Periods of employment as teacher, principal, assistant principal, supervisor, superintendent, or assistant superintendent shall be combined in computing periods of service and employment.
(11) “Spouse” means the surviving person who was married to a deceased member, but only if the surviving person meets one of the following conditions:
(i) Was married to the deceased member for not less than one year immediately prior to the date on which the member died;
(ii) Is the mother or father of the deceased member’s child(ren);
(iii) Legally adopted the deceased member’s child(ren) while married to the deceased member and while the child(ren) was under the age of eighteen (18) years; or
(iv) Was married to the deceased member at the time both of them legally adopted a child(ren) under the age of eighteen (18) years.
(12) “Teacher” means a person required to hold a certificate of qualification issued by or under the authority of the council on elementary and secondary education and who is engaged in teaching as their principal occupation and is regularly employed as a teacher in the public schools of any city or town in the state, or any formalized, commissioner approved, cooperative service arrangement. The term includes a person employed as a teacher, supervisor, principal, assistant principal, superintendent, or assistant superintendent of schools, director, assistant director, coordinator, consultant, dean, assistant dean, educational administrator, nurse teacher, and attendance officer or any person who has worked in the field of education or is working in the field of education who holds a teaching or administrative certificate. In determining the number of days served by a teacher the total number of days served in any public school of any city or town in the state may be combined for any one school year. The term also includes a school business administrator whether or not the administrator holds a teaching or administrative certificate, and also includes occupational therapists and physical therapists licensed by the department of health and employed by a school committee in the state, or by any formalized, commissioner approved, cooperative service arrangement.
(13) “Teaching” includes teaching, supervising, and superintending or assistant superintending of schools.
(14) “Total service” means prior service as defined in subdivision (6) of this section, plus service rendered as a member of the system on or after the first day of July, 1949.
(15) For purposes of this chapter, “domestic partner” shall be defined as a person who, prior to the decedent’s death, was in an exclusive, intimate, and committed relationship with the decedent, and who certifies by affidavit that their relationship met the following qualifications:
(i) Both partners were at least eighteen (18) years of age and were mentally competent to contract;
(ii) Neither partner was married to anyone else;
(iii) Partners were not related by blood to a degree that would prohibit marriage in the state of Rhode Island;
(iv) Partners resided together and had resided together for at least one year at the time of death; and
(v) Partners were financially interdependent as evidenced by at least two (2) of the following:
(A) Domestic partnership agreement or relationship contract;
(B) Joint mortgage or joint ownership of primary residence;
(C) Two (2) of: (I) Joint ownership of motor vehicle; (II) Joint checking account; (III) Joint credit account; (IV) Joint lease; and/or
(D) The domestic partner had been designated as a beneficiary for the decedent’s will, retirement contract, or life insurance.
(b) The masculine pronoun wherever used shall also include the feminine pronoun.
(c) Any term not specifically defined in this chapter and specifically defined in chapters 8 — 10 of title 36 shall have the same definition as set forth in chapters 8 — 10 of title 36.
History of Section. P.L. 1948, ch. 2101, § 1; impl. am. P.L. 1951, ch. 2752, § 21; P.L. 1951, ch. 2830, § 5; G.L. 1956, § 16-16-1; P.L. 1962, ch. 212, § 2; P.L. 1972, ch. 139, § 1; P.L. 1976, ch. 236, § 2; P.L. 1979, ch. 211, § 1; P.L. 1981, ch. 162, § 2; P.L. 1983, ch. 217, § 1; P.L. 1985, ch. 258, § 1; P.L. 1995, ch. 370, art. 15, § 1; P.L. 1996, ch. 384, § 1; P.L. 1998, ch. 411, § 2; P.L. 2001, ch. 86, § 36; P.L. 2002, ch. 383, § 1; P.L. 2007, ch. 510, § 6; P.L. 2011, ch. 408, § 10; P.L. 2011, ch. 409, § 10; P.L. 2023, ch. 329, § 1, effective June 24, 2023; P.L. 2023, ch. 330, § 1, effective June 24, 2023; P.L. 2024, ch. 117, art. 12, § 3, effective June 17, 2024; P.L. 2024, ch. 403, art. 2, § 4, effective June 26, 2024.
Membership in the retirement system for teachers began on July 1, 1949, and shall consist of:
(1) All teachers as defined in this chapter who were in service on that date, and
(2) All persons who become teachers on or after that date, which teachers shall become members of the system as a condition of their employment as teachers.
History of Section. P.L. 1948, ch. 2101, § 2; G.L. 1956, § 16-16-2.
[Repealed]
History of Section. P.L. 1948, ch. 2101, § 10; G.L. 1956, § 16-16-3; Repealed by P.L. 1980, ch. 169, § 1.
Every certified nurse teacher employed in the respective public schools of the several cities and towns of this state and every person who, prior to any certification as a nurse teacher, has been regularly employed by any city or town as a school nurse in the respective public schools shall be entitled to all the rights and benefits contained in this chapter and in chapters 8 — 10 of title 36.
History of Section. P.L. 1949, ch. 2192, § 1; G.L. 1956, § 16-16-4; P.L. 2001, ch. 86, § 36.
(a) In calculating “service”, “prior service”, or “total service” as defined in § 16-16-1, every teacher shall be given credit for a year of service for each year in which he or she shall have served as a teacher; provided, that any teacher who through illness or leave of absence without pay does not serve a full school year may receive credit for a full school year of service by paying the full actuarial cost as defined in § 36-8-1(9). Credit for leaves of absence shall be limited, in the aggregate, during the total service of a teacher to a period of four (4) years; provided, however, every teacher who had been required to resign for maternity reasons may receive credit for maternity reasons by making contribution to the system upon her return to teaching the amount she would have contributed to the retirement system, with regular interest, based upon her expected compensation but for her absence due to maternity reasons.
(b) The retirement board shall fix and determine the time when and the conditions under which the payments shall be made.
(c) Any teacher who serves or who has served during a school year the number of days that the public schools are required by law to be in session during the year shall be given credit for a year of service for that year. In determining the number of days served by a substitute teacher the total number of days served in any public school of any city or town in the state may be combined for any one school year. Any teacher shall be entitled to “prior service” credit for service prior to July 1, 1949, provided the teacher shall have been in service during the school year 1949-1950. The teacher shall be entitled to service credit for any year subsequent to July 1, 1949 in accordance with this chapter, by making contribution to the retirement system of the full actuarial cost for any such service credit.
(d) Any teacher employed in at least a half (½) program including a job share program, or working at least half the number of days that the public schools are required to be in session, shall remain a contributing member and shall receive credit for that part-time service on a proportional basis. The purchase of any remaining program or job share time in which the teacher did not work shall not be permitted.
(e) In computing service or in computing compensation, the retirement board shall credit no more than one year of service on account of all service in one calendar year.
(f) Notwithstanding any other section of law, no member of the retirement system shall be permitted to purchase service credit for any portion of a year for which he or she is already receiving service credit in this retirement system.
History of Section. P.L. 1948, ch. 2101, § 3; P.L. 1951, ch. 2830, § 6; G.L. 1956, § 16-16-5; R.P.L. 1957, ch. 70, § 1; P.L. 1966, ch. 111, § 1; P.L. 1979, ch. 211, § 1; P.L. 1980, ch. 174, § 2; P.L. 1981, ch. 175, § 1; P.L. 1987, ch. 584, § 1; P.L. 1994, ch. 139, § 6; P.L. 1994, ch. 142, § 7; P.L. 1997, ch. 169, § 1; P.L. 2001, ch. 86, § 36; P.L. 2009, ch. 68, art. 7, § 4; P.L. 2011, ch. 408, § 10; P.L. 2011, ch. 409, § 10.
In determining the creditable service of any teacher employed in any city or town for the purposes of retirement there may be added to, and included in, total service as defined in this chapter not more than five (5) years of service as a teacher or in a capacity essentially similar or equivalent to that of a teacher in any private school or institution, in any charter school not subject to subdivision 16-77-4(b)(12), and in public schools in which the teacher was paid by funds of the United States government except schools or institutions that are operated for profit; provided, however, that this service shall not be counted as creditable service unless the member shall pay into the retirement system a contribution equal to the full actuarial value of each year of credit for which application is made based on the salary of the member in effect at the date of application for the credit as determined by the retirement board. The retirement board shall fix and determine the time when and the conditions under which the payments shall be made.
History of Section. P.L. 1948, ch. 2101, § 3; P.L. 1951, ch. 2830, § 6; G.L. 1956, § 16-16-6; P.L. 1963, ch. 189, § 1; P.L. 1967, ch. 158, § 1; P.L. 1970, ch. 112, art. 8, § 1; P.L. 1972, ch. 92, § 1; P.L. 1981, ch. 14, § 1; P.L. 1982, ch. 288, § 1; P.L. 1983, ch. 288, § 1; P.L. 1999, ch. 487, § 1; P.L. 2008, ch. 100, art. 38, § 3.
(a) In determining the creditable service of any teacher employed in any city or town for the purpose of retirement, there may be added to, and included in, total service as defined in this chapter not more than five (5) years of service as a teacher in the public school outside this state; provided, however, this service shall not be counted as creditable service unless the member shall pay into the retirement system a contribution equal to the full actuarial value of each year of credit for which application is made based upon the teacher’s compensation at the time he or she makes application to purchase credit for each year of service for which he or she claims credit.
(b) Credit for service outside the state which is purchased under paragraph (a) above may also be used for retirement purposes under the provisions of subsection (a) for teachers who retire on ordinary disability under § 16-16-14 provided these teachers have at least ten (10) years creditable service within the state.
(c) The term “outside this state” means service in any state college, university, school, or public school in any other state of the United States, or in any territory or possession of the United States, including the Philippine Islands, or in any school under the jurisdiction of the United States government.
(d) The retirement board shall fix and determine by rules and regulations the time when and the conditions under which payments shall be made.
History of Section. P.L. 1970, ch. 112, art. 8, § 3; P.L. 1972, ch. 92, § 1; P.L. 1979, ch. 346, §§ 1, 2; P.L. 1981, ch. 14, § 1; P.L. 1982, ch. 288, § 1; P.L. 1999, ch. 487, § 1; P.L. 2001, ch. 86, § 36; P.L. 2011, ch. 408, § 10; P.L. 2011, ch. 409, § 10.
(a) In determining the creditable service of any vocational education teacher employed in any city or town or by the state for the purpose of retirement or a service retirement allowance (not including a deferred retirement allowance), there may be added to, and included in, total service as defined in this chapter not more than five (5) years of “appropriate work experience” pursuant to § 16-60-4(9)(ii). This service shall not be counted as creditable service unless the member shall pay into the retirement system a contribution equal to the full actuarial costs for each year of service for which he or she claims credit.
(b) Credit for “appropriate work experience” which is purchased under paragraph (a) above may also be used for retirement purposes under the provisions of subsection (a) for teachers who retire on ordinary disability under § 16-16-14, provided those teachers have at least ten (10) years’ creditable service.
(c) The term “appropriate work experience” means service in any industry, business, or other appropriate enterprise for which certification credit has been given pursuant to the “standards and qualifications for certification of teachers” as provided in § 16-60-4(9)(ii).
History of Section. P.L. 1982, ch. 102, § 1; P.L. 1985, ch. 435, § 1; P.L. 1986, ch. 497, § 1; P.L. 1987, ch. 434, § 1; P.L. 1987, ch. 599, § 1; P.L. 2001, ch. 86, § 36; P.L. 2011, ch. 408, § 10; P.L. 2011, ch. 409, § 10.
[Repealed]
History of Section. P.L. 1984, ch. 413, § 1; P.L. 1986, ch. 198, § 10; Repealed by P.L. 1992, ch. 306, art. 2, § 2, effective January 1, 1993.
(a) In determining the creditable service of any certified nurse teacher employed by the state or by any city or town for the purpose of retirement or a service retirement allowance (not including a deferred retirement allowance), there may be added to, and included in, total service as defined in this chapter not more than four (4) years of “appropriate work experience.” The service shall not be counted as creditable service unless the member shall pay into the retirement system a contribution equal to the full actuarial costs for each year of the service for which the member claims credit.
(b) Credit for “appropriate work experience” which is purchased under paragraph (a) above may also be used for retirement purposes under the provisions of subsection (a) for certified nurse teachers who retire on ordinary disability under § 36-10-13 or § 16-16-14, provided the certified nurse teachers have at least ten (10) years’ creditable service.
(c) The term “appropriate work experience” for the purposes of a certified nurse teacher means service in any industry, business, or other appropriate enterprise where a member has worked as a registered nurse and for which no credit for the purposes of retirement has been granted for either teaching in a school of nursing or for any other appropriate work experience; provided, however, that no member shall be allowed credit for more than a total of four (4) years of service credit.
History of Section. P.L. 1987, ch. 591, § 1; P.L. 1989, ch. 538, § 1; P.L. 2001, ch. 86, § 36; P.L. 2011, ch. 408, § 10; P.L. 2011, ch. 409, § 10.
Any teacher who has been granted or shall be granted an official leave of absence by his or her superiors to enter the armed services of the United States shall have his or her service counted in his or her years of teaching, and his or her leave of absence shall in no way interrupt the continuity of his or her teaching service which for the purpose of computing retirement benefits under the state retirement system shall be deemed to be continuous service, provided the teacher was teaching for a minimum of six (6) months immediately prior to entry into the armed services and returned or returns to active teaching within one year following the date of his or her honorable discharge from the armed services, but in no event shall the credit exceed a maximum of four (4) years.
History of Section. P.L. 1948, ch. 2101, § 3; P.L. 1951, ch. 2830, § 6; G.L. 1956, § 16-16-7; P.L. 1972, ch. 252, § 1; P.L. 1981, ch. 348, § 2.
(a) Any active teacher who served on active duty in the armed service of the United States or in the merchant marine service of the United States as defined in § 2 of Chapter 1721 of the Public Laws, 1946, may purchase credit for that service up to a maximum of four (4) years; provided that he or she has received an honorable discharge; provided further, that any teacher on an official leave of absence for illness or injury shall be eligible to purchase military credits as defined herein while on that leave of absence.
(b) The cost to purchase these credits shall be ten percent (10%) of the member’s first year’s earnings as a teacher as defined in § 16-16-1 of this title, multiplied by the number of years and fraction of the years of the armed service up to a maximum of four (4) years.
(c) There will be no interest charged provided the teacher makes that purchase during his or her first five (5) years of membership in the retirement system, but will be charged regular interest to date of purchase from date of enrollment into membership, if purchased after completing five (5) years of membership; provided, however, any teacher who was in the retirement system prior to July 1, 1980, would not be charged interest whenever he or she purchases the armed services credit.
History of Section. P.L. 1980, ch. 173, § 4; P.L. 1981, ch. 344, § 1; P.L. 1984, ch. 425, § 2; P.L. 1986, ch. 463, § 2; P.L. 1988, ch. 510, § 2; P.L. 1992, ch. 306, art. 2, § 3; P.L. 1997, ch. 169, § 1.
(a) Any active teacher who served in the peace corps, teacher corps, or in volunteers in service to America may purchase credit for that service, up to a maximum of four (4) years. Any teacher on an official leave of absence for illness or injury shall be eligible to purchase the credits while on the leave of absence.
(b) The cost to purchase these credits shall be the full actuarial cost as defined in § 36-8-1(10).
History of Section. P.L. 1985, ch. 423, § 1; P.L. 1988, ch. 524, § 1; P.L. 1989, ch. 473, § 2; P.L. 1992, ch. 306, art. 2, § 3; P.L. 2009, ch. 68, art. 7, § 4; P.L. 2011, ch. 408, § 10; P.L. 2011, ch. 409, § 10.
(a) Any member who shall have rendered service as a state employee as defined by the provisions of chapter 17 of this title and chapters 8 — 10 of title 36 or who shall have rendered service as an employee of a participating municipality, as defined by chapter 21 of title 45, shall be entitled to credit for his or her service for the various purposes of this system, provided the member shall have been a contributing member for that period. All contributions made by the member shall be transferred in toto to this system for the periods of service and the retirement system shall calculate the full actuarial value of the accrued benefit with the former employer. If the full actuarial value of the accrued benefit with the former employer is greater than the total employee contributions transferred, the retirement system shall also transfer the difference between full actuarial value of the accrued benefit with the former employer and the employee’s contributions from the account of the former employer to the account of the current employer. In any case in which a member shall have received a refund or refunds of contributions made to the system, the allowance of the credit for service shall be conditioned upon the repayment of the full actuarial cost as defined in § 36-8-1(10). Any service as defined in this section for which no contributions were made may be granted provided the member pays to the retirement system the full actuarial cost as defined in § 36-8-1(10). The retirement board shall fix and determine the rules and regulations needed to govern the provisions of this section.
(b) Any member who shall have rendered service both as a teacher under § 16-16-12, and service under § 36-10-9.2(a), shall be eligible to elect to combine the member’s service under § 16-16-12, and service under § 36-10-9.2(a), to determine the member’s retirement eligibility date under § 16-16-12. For any member making this election, the member will receive a single benefit equal to the accrued benefit computed under § 36-10-10.2, plus the accrued benefit computed under § 16-16-13.
History of Section. P.L. 1948, ch. 2101, § 3; P.L. 1951, ch. 2830, § 6; G.L. 1956, § 16-16-8; P.L. 1970, ch. 112, art. 9, § 2; P.L. 1996, ch. 435, § 2; P.L. 1998, ch. 70, § 3; P.L. 1998, ch. 291, § 3; P.L. 2009, ch. 68, art. 7, § 4; P.L. 2011, ch. 408, § 10; P.L. 2011, ch. 409, § 10; P.L. 2023, ch. 194, § 1, effective June 23, 2023; P.L. 2023, ch. 195, § 1, effective June 23, 2023.
Notwithstanding any other provisions of this chapter or of any other public or general law to the contrary, the retirement board shall permit individuals who purchase service credit to do so in installments. The retirement board shall create, by rule and regulation, provisions allowing that individuals purchasing service credit may do so on an installment plan by payroll deduction not to exceed five (5) years, provided that all purchases must be made prior to retirement. The retirement board shall charge interest at the actuarial assumed rate of return adopted by the board for purchases made on an installment plan.
History of Section. P.L. 2001, ch. 193, § 1; P.L. 2001, ch. 269, § 1.
History of Section. P.L. 1948, ch. 2101, § 3; P.L. 1951, ch. 2830, § 6; G.L. 1956, §§ 16-16-9, 16-16-10; P.L. 1961, ch. 121, § 1; Repealed by P.L. 1992, ch. 306, art. II, § 2, effective January 1, 1993.
(a) The benefits payable to teachers under this chapter shall be those benefits provided in chapter 10 of title 36 and as provided in this chapter with and subject, however, to the conditions and modifications set forth in §§ 16-16-12 through 16-16-14, and also the benefits provided in subsection (b) of this section.
(b) If the teacher member of the retirement system dies, either prior to or after his or her effective date of retirement, any amounts credited to him or her in the teachers’ survivors benefit fund, as provided in this chapter, with regular accumulated interest on the amount, shall be applied toward the financing of those benefits for dependents and survivors of the member as defined in this chapter, and in amounts provided in this chapter.
History of Section. P.L. 1948, ch. 2101, § 4; G.L. 1956, § 16-16-11; P.L. 1962, ch. 212, § 1.
Retirement of a member on a service retirement allowance shall be made by the retirement board as follows:
(a)(i) Any member may retire upon his or her written application to the retirement board as of the first day of the calendar month in which the application was filed, provided the member was separated from service prior to filing the application, and further provided however, that if separation from service occurs during the month in which the application is filed, the effective date shall be the first day following the separation from service, and provided further that the member on retirement date has attained the age of sixty (60) years and has completed at least ten (10) years of contributory service on or before July 1, 2005, or regardless of age has completed twenty-eight (28) years of total service and has completed at least ten (10) years of contributory service on or before July 1, 2005, and who retire before October 1, 2009, or are eligible to retire as of September 30, 2009.
(ii) For teachers who become eligible to retire on or after October 1, 2009, and prior to July 1, 2012, benefits are available to teachers who have attained the age of sixty-two (62) and completed at least ten (10) years of contributory service. For teachers in service as of October 1, 2009, who were not eligible to retire as of September 30, 2009, but became eligible to retire prior to July 1, 2012, the minimum retirement age of sixty-two (62) will be adjusted downward in proportion to the amount of service the member has earned as of September 30, 2009. The proportional formula shall work as follows:
(A) The formula shall determine the first age of retirement eligibility under the laws in effect on September 30, 2009, which shall then be subtracted from the minimum retirement age of sixty-two (62).
(B) The formula shall then take the teacher’s total service credit as of September 30, 2009, as the numerator and the years of service credit determined under (A) as the denominator.
(C) The fraction determined in (B) shall then be multiplied by the age difference in (1) to apply a reduction in years from age sixty-two (62).
(b)(i) Any member, who has not completed at least ten (10) years of contributory service on or before July 1, 2005, may retire upon his or her written application to the retirement board as of the first day of the calendar month in which the application was filed; provided, the member was separated from service prior thereto; and further provided, however, that if separation from service occurs during the month in which application is filed, the effective date shall be the first day following that separation from service; provided, the member on his or her retirement date had attained the age of fifty-nine (59) and had completed at least twenty-nine (29) years of total service; or provided, that the member on his or her retirement date had attained the age of sixty-five (65) and had completed at least ten (10) years of contributory service; or provided, that the member on his or her retirement date had attained the age of fifty-five (55) and had completed twenty (20) years of total service and provided, that the retirement allowance, as determined according to the formula in § 16-16-13 is reduced actuarially for each month that the age of the member is less than sixty-five (65) years and who retire before October 1, 2009, or are eligible to retire as of September 30, 2009.
(ii) For teachers who become eligible to retire on or after October 1, 2009, and prior to July 1, 2012, benefits are available to teachers who have attained the age of sixty-two (62) and have completed at least twenty-nine (29) years of total service or have attained the age of sixty-five (65) and completed at least ten (10) years of contributory service. For teachers in service as of October 1, 2009, who were not eligible to retire as of September 30, 2009, but become eligible to retire prior to July 1, 2012, who have a minimum retirement age of sixty-two (62), the retirement age will be adjusted downward in proportion to the amount of service the member has earned as of September 30, 2009. The proportional formula shall work as follows:
(A) The formula shall determine the first age of retirement eligibility under the laws in effect on September 30, 2009, which shall then be subtracted from the minimum retirement age of sixty-two (62).
(B) The formula shall then take the teacher’s total service credit as of September 30, 2009, as the numerator and the years of service credit determined under (A) as the denominator.
(C) The fraction determined in (B) shall then be multiplied by the age difference determined in (A) to apply a reduction in years from age sixty-two (62).
(c) Effective July 1, 2012, the following shall apply to all teachers not eligible to retire prior to July 1, 2012:
(i) A teacher with contributory service on or after July 1, 2012, shall be eligible to retire upon the completion of at least five (5) years of contributory service and attainment of the teacher’s Social Security retirement age.
(ii) For teachers with five (5) or more years of contributory service as of June 30, 2012, with contributory service on and after July 1, 2012, who have a retirement age of Social Security Retirement Age, the retirement age will be adjusted downward in proportion to the amount of service the teacher has earned as of June 30, 2012, but in no event shall a teacher’s retirement age under this subparagraph (ii) be prior to the attainment of age fifty-nine (59) or prior to the teacher’s retirement age determined under the laws in effect on June 30, 2012. The proportional formula shall work as follows:
(1) The formula shall determine the first age of retirement eligibility under the laws in effect on June 30, 2012, which shall then be subtracted from Social Security retirement age;
(2) The formula shall then take the teacher’s total service credit as of June 30, 2012, as the numerator and the projected service at retirement age in effect on June 30, 2012, as the denominator;
(3) The fraction determined in (2) shall then be multiplied by the age difference determined in (1) to apply a reduction in years from Social Security retirement age.
(iii) Effective July 1, 2015, a teacher who has completed twenty (20) or more years of total service and who has attained an age within five (5) years of the eligible retirement age under subdivisions (c)(i) or (c)(ii) above or subsection (d) below, may elect to retire provided that the retirement allowance shall be reduced actuarially for each month that the age of the teacher is less than the eligible retirement age under subdivisions (c)(i) or (c)(ii) above or subsection (d) below in accordance with the following table:
| Year Preceding | Cumulative Annual | Cumulative Monthly | | --- | --- | --- | | Retirement | Reduction | Reduction | | For Year 1 | 9% | .75% | | For Year 2 | 8% | .667% | | For Year 3 | 7% | .583% | | For Year 4 | 7% | .583% | | For Year 5 | 7% | .583% |
(iv) Notwithstanding any other provisions of section § 16-16-12(c), a teacher who has completed ten (10) or more years of contributory service as of June 30, 2012, may elect to retire at his or her eligible retirement date as determined under subsections (a) and (b) above provided that a teacher making an election under this paragraph shall receive the teacher’s retirement benefit determined and calculated based on the teacher’s service and average compensation as of June 30, 2012. This provision shall be interpreted and administered in a manner to protect a teacher’s accrued benefit on June 30, 2012.
(d) Notwithstanding any other provisions of subsection (c) above, effective July 1, 2015, teachers in active service shall be eligible to retire upon the earlier of:
(A) The attainment of at least age sixty-five (65) and the completion of at least thirty (30) years of total service, or the attainment of at least age sixty-four (64) and the completion of at least thirty-one (31) years of total service, or the attainment of at least age sixty-three (63) and the completion of at least thirty-two (32) years of total service, or the attainment of at least age sixty-two (62) and the completion of at least thirty-three (33) years of total service; or
(B) The teacher’s retirement eligibility date under subsections (c)(i) or (c)(ii) above.
(e) Except as specifically provided in §§ 36-10-9.1, 36-10-12 through 36-10-15, and 45-21-19 through 45-21-22, no member shall be eligible for pension benefits under this chapter unless
(i) The member shall have been a contributing member of the employees’ retirement system for at least ten (10) years; or
(ii) For teachers in active contributory service on or after July 1, 2012, the teacher shall have been a contributing member of the employees’ retirement system for at least five (5) years.
(2) Provided, however, a person who has ten (10) years service credit shall be vested; provided that for teachers in active contributory service on or after July 1, 2012, a teacher who has five (5) years of contributory service shall be vested.
(3) Furthermore, any past service credits purchased in accordance with § 36-9-38 shall be counted towards vesting.
(4) Any person who becomes a member of the employees’ retirement system pursuant to § 45-21-8 shall be considered a contributing member for the purpose of chapter 21 of title 45 and this chapter.
(5) Notwithstanding any other provision of law, no more than five (5) years of service credit may be purchased by a member of the system. The five (5) year limit shall not apply to any purchases made prior to January 1, 1995. A member who has purchased more than five (5) years of service credit before January 1, 1995, shall be permitted to apply the purchases towards the member’s service retirement. However, no further purchase will be permitted.
(6) Notwithstanding any other provision of law, effective July 1, 2012, except for purchases under §§ 16-16-7.1, 36-5-3, 36-9-31, 36-10-10.4, and 45-21-53:
(i) For service purchases for time periods prior to a teacher’s initial date of hire, the purchase must be made within three (3) years of the teacher’s initial date of hire; and
(ii) For service purchases for time periods for official periods of leave as authorized by law, the purchase must be made within three (3) years of the time the official leave was concluded by the teacher. Notwithstanding paragraphs (i) and (ii) above, service purchases from time periods prior to June 30, 2012, may be made on or prior to June 30, 2015.
(f) No member of the teachers’ retirement system shall be permitted to purchase service credits for casual or seasonal employment, for employment as a temporary or emergency employee, a page in the general assembly, or for employment at any state college or university while the employee is a student or graduate of the college or university.
(g) Except as specifically provided in §§ 16-16-6.2 and 16-16-6.4, a member shall not receive service credit in this retirement system for any year or portion of a year which counts as service credit in any other retirement system in which the member is vested or from which the member is receiving a pension and/or any annual payment for life. This subsection shall not apply to any payments received pursuant to the federal Social Security Act, 42 U.S.C. § 301 et seq.
(h) A member who seeks to purchase or receive service credit in this retirement system shall have the affirmative duty to disclose to the retirement board whether or not he or she is a vested member in any other retirement system and/or is receiving a pension, retirement allowance, or any annual payment for life. The retirement board shall have the right to investigate as to whether or not the member has utilized the same time of service for credit in any other retirement system. The member has an affirmative duty to cooperate with the retirement board including, by way of illustration and not by way of limitation, the duty to furnish or have furnished to the retirement board any relevant information that is protected by any privacy act.
(i) A member who fails to cooperate with the retirement board shall not have the time of service credit counted toward total service credit until the time the member cooperates with the retirement board and until the time the retirement board determines the validity of the service credit.
(j) A member who knowingly makes a false statement to the retirement board regarding service time or credit shall not be entitled to a retirement allowance and is entitled only to the return of his or her contributions without interest.
History of Section. P.L. 1948, ch. 2101, § 4; P.L. 1951, ch. 2830, § 7; P.L. 1955, ch. 3609, § 1; G.L. 1956, § 16-16-12; P.L. 1962, ch. 141, § 1; P.L. 1962, ch. 143, § 3; P.L. 1963, ch. 65, § 1; P.L. 1970, ch. 112, art. 2, § 2; P.L. 1970, ch. 112, art. 4, § 2; P.L. 1972, ch. 81, § 1; P.L. 1973, ch. 145, § 2; P.L. 1982, ch. 457, § 1; P.L. 1984, ch. 331, § 1; P.L. 1987, ch. 520, § 1; P.L. 1989, ch. 126, art. 55, § 1; P.L. 1992, ch. 306, art. 2, § 3; P.L. 1993, ch. 231, § 3; P.L. 1994, ch. 139, § 3; P.L. 2005, ch. 117, art. 7, § 1; P.L. 2009, ch. 68, art. 7, § 4; P.L. 2010, ch. 239, § 1; P.L. 2011, ch. 408, § 10; P.L. 2011, ch. 409, § 10; P.L. 2015, ch. 141, art. 21, § 11.
[Repealed]
History of Section. P.L. 1981, ch. 180, § 2; Repealed by P.L. 1992, ch. 306, art. 2, § 2, effective January 1, 1993.
(a)(1)(i) For teachers eligible to retire on or before September 30, 2009, upon retirement from service under § 16-16-12 a teacher whose membership commenced before July 1, 2005, and who has completed at least ten (10) years of contributory service on or before July 1, 2005, shall receive a retirement allowance which shall be determined in accordance with schedule A for service prior to July 1, 2012.
SCHEDULE A
YEARS OF SERVICE PERCENTAGE ALLOWANCE
1st through 10th inclusive 1.7%
11th through 20th inclusive 1.9%
21st through 34th inclusive 3.0%
35th 2.0%
(ii) For teachers eligible to retire on or after October 1, 2009, who were not eligible to retire on or before September 30, 2009, upon retirement for service under § 16-16-12, a teacher whose membership commenced before July 1, 2005, and who has completed at least ten (10) years of contributory service on or before July 1, 2005, shall receive a retirement allowance which shall be determined in accordance with schedule A above for service on before September 30, 2009, and shall be determined in accordance with schedule B in subsection (a)(2) below for service on or after October 1, 2009, and prior to July 1, 2012.
(2) Upon retirement from service under § 16-16-12 a teacher whose membership commenced after July 1, 2005, or who has not completed at least ten (10) years of contributory service as of July 1, 2005, shall receive a retirement allowance which shall be determined in accordance with Schedule B for service prior to July 1, 2012.
SCHEDULE B
YEARS OF SERVICE PERCENTAGE ALLOWANCE
1st through 10th inclusive 1.60%
11th through 20th inclusive 1.80%
21st through 25th inclusive 2.0%
26th through 30th inclusive 2.25%
31st through 37th inclusive 2.50%
38th 2.25%
(b) The retirement allowance of any teacher whose membership commenced before July 1, 2005, and who has completed at least ten (10) years of contributory service on or before July 1, 2005, shall be in an amount equal to the percentage allowance specified in subsection (a)(1) of the member’s average highest three (3) consecutive years of compensation multiplied by the number of years of total service, but in no case to exceed eighty percent (80%) of the compensation, payable at completion of thirty-five (35) years of service; provided, however, for teachers retiring on or after October 1, 2009, who were not eligible to retire as of September 30, 2009, the calculation shall be based on the average highest five (5) consecutive years of compensation; provided, however for teachers retiring on or after July 1, 2024, the calculation shall be based on the average highest three (3) consecutive years of compensation.
The retirement allowance of any teacher whose membership commenced after July 1, 2005, or who has not completed at least ten (10) years of contributory service as of July 1, 2005, shall be in an amount equal to the percentage allowance specified in Schedule B of the member’s average highest three (3) consecutive years of compensation multiplied by the number of years of total service, but in no case to exceed seventy-five percent (75%) of the compensation, payable at completion of thirty-eight (38) years of service; provided, however, for teachers retiring on or after October 1, 2009, who were not eligible to retire as of September 30, 2009, the calculation shall be based on the average highest five (5) consecutive years of compensation; provided, however, for teachers retiring on or after July 1, 2024, the calculation shall be based on the average highest three (3) consecutive years of compensation.
Any teacher who has in excess of thirty-five (35) years on or before June 2, 1985, shall not be entitled to any refund, and any teacher with thirty-five (35) years or more on or after June 2, 1985, shall contribute from July 1, 1985, until their retirement.
(c) For service prior to July 2012, the retirement allowance of a teacher shall be determined in accordance with subsections (a)(1) and (a)(2) above. For service on and after July 1, 2012:
(i) For teachers with fewer than twenty (20) years of total service as of June 30, 2012, a teacher’s retirement allowance shall be equal to one percent (1%) of the teacher’s average compensation multiplied by the teacher’s years of total service on and after July 1, 2012; and
(ii) For teachers with twenty (20) or more years of total service as of June 30, 2012, a teacher’s retirement allowance shall be equal to one percent (1%) of the teacher’s average compensation multiplied by the teacher’s years of total service between July 1, 2012, and June 30, 2015, and two percent (2%) of the teacher’s average compensation multiplied by the teacher’s years of total service on and after July 1, 2015. For purposes of computing a teacher’s total service under the preceding sentence, service purchases shall be included in total service only with respect to those service purchases approved prior to June 30, 2012, and those applications for service purchases received by the retirement system on or before June 30, 2012. In no event shall a teacher’s retirement allowance exceed the maximum limitations set forth in subsection (b) above.
History of Section. P.L. 1948, ch. 2101, § 4; P.L. 1950, ch. 2607, § 2; P.L. 1951, ch. 2830, § 7; G.L. 1956, § 16-16-13; P.L. 1970, ch. 112, art. 1, § 2; P.L. 1985, ch. 331, § 1; P.L. 1989, ch. 476, § 1; P.L. 1992, ch. 306, art. 2, § 3; P.L. 2005, ch. 117, art. 7, § 1; P.L. 2009, ch. 68, art. 7, § 4; P.L. 2011, ch. 408, § 10; P.L. 2011, ch. 409, § 10; P.L. 2015, ch. 141, art. 21, § 12; P.L. 2024, ch. 117, art. 12, § 3, effective June 17, 2024.
In the case of any teacher who is a member of the employees’ retirement system of the state created by chapter 8 of title 36 who, at the time of retirement, has had at least thirty (30) years or more of total service, the teacher shall receive an annual retirement allowance of not less than thirty-four hundred dollars ($3,400) per year with an additional increment of two hundred dollars ($200) for each additional year of service up through a total of thirty-eight (38) years to a maximum of five thousand dollars ($5,000); provided that this section shall not apply in the case of any teacher who has elected an option for payment of pension and has thereby reduced the amount received to less than the amounts set forth in this section.
History of Section. P.L. 1978, ch. 390, § 1.
(a) Application for ordinary disability may be made by a teacher, his or her department head, or a person acting in the teacher’s behalf, while in active service or on leave of absence for illness, provided that the teacher has had five (5) or more years of total service of which at least three (3) consecutive years shall have been as a teacher, and the teacher is not entitled to a regular service retirement allowance. A statement from a physician shall accompany the application stating that the teacher is physically or mentally incapacitated for the performance of duty and that he or she should be retired.
(b) A medical examination of the teacher shall be made by three (3) physicians engaged by the retirement board for this purpose, and should the medical examination show that the teacher is physically or mentally incapacitated for the performance of duty and ought to be retired, the physicians shall so report and certify to the retirement board and the retirement board, may retire the teacher for ordinary disability.
(c) The retirement board shall establish uniform eligibility requirements, standards, and criteria for ordinary disability which shall apply to all members who make application for retirement for ordinary disability.
History of Section. P.L. 1992, ch. 306, art. 2, § 4.
Upon retirement for ordinary disability under § 16-16-14, a teacher shall receive a benefit equal to the rate prescribed for service retirement under § 16-16-13 subject to the provisions of § 16-16-20; provided, however, that no teacher retiring with less than ten (10) years of total service shall receive a benefit less than he or she would have received if he or she had ten (10) years of total service.
History of Section. P.L. 1992, ch. 306, art. 2, § 4; P.L. 1993, ch. 360, § 2.
(a) Medical examination of an active teacher for accidental disability, and investigation of all statements and certificates by him or her or in his or her behalf in connection with the accidental disability, shall be made upon the application of the head of the department in which the teacher is employed or upon application of the teacher, or of a person acting in his or her behalf, stating that the teacher is physically or mentally incapacitated for the performance of service as a natural and proximate result of an accident, while in the performance of duty, and certify the definite time, place, and conditions of the duty performed by the teacher resulting in the alleged disability, and that the alleged disability is not the result of willful negligence or misconduct on the part of the teacher, and is not the result of age or length of service, and that the teacher should, therefore, be retired.
(b) The application shall be made within five (5) years of the alleged accident from which the injury has resulted in the teacher’s present disability, and shall be accompanied by an accident report and a physician’s report certifying to the disability; provided, that, if the teacher was able to return to his or her employment and subsequently reinjures or aggravates the same injury, the application shall be made within the later of five (5) years of the alleged accident or three (3) years of the reinjury or aggravation. The application may also state that the teacher is permanently and totally disabled from any employment.
(c) If a medical examination conducted by three (3) physicians engaged by the retirement board, and any investigation that the retirement board may desire to make, shall show that the teacher is physically or mentally incapacitated for the performance of service as a natural and proximate result of an accident, while in the performance of duty, and that the disability is not the result of willful negligence or misconduct on the part of the teacher, and is not the result of age or length of service, and that the teacher has not attained the age of sixty-five (65) years, and that the teacher should be retired, the physicians who conducted the examination shall so certify to the retirement board stating the time, place, and conditions of service performed by the teacher resulting in the disability, and the retirement board may grant the teacher an accidental disability benefit.
(d) The retirement board shall establish uniform eligibility requirements, standards, and criteria for accidental disability which shall apply to all members who make application for accidental disability benefits.
History of Section. P.L. 1992, ch. 306, art. 2, § 4; P.L. 2009, ch. 68, art. 7, § 4.
(a) For disability applications submitted on or before September 30, 2009, upon retirement for accidental disability under § 16-16-16 a teacher shall receive a benefit that shall be equal to sixty-six and two-thirds percent (662/3%) of his or her annual compensation at the time of his or her retirement, subject to the provisions of § 16-16-20.
(b) Upon any application for accidental disability submitted after October 1, 2009, if the teacher has been found to be permanently and totally disabled from service but has not been found by the board to be permanently and totally disabled from any employment as a result of his/her accidental disability, a teacher shall receive a retirement allowance equal to fifty percent (50%) of the rate of the teacher’s compensation at the date of the teacher’s retirement subject to the provisions of § 16-16-20. The retiree shall, as a condition of continued receipt of a disability retirement allowance, on or before a date fixed by the retirement board, annually under penalties of perjury provide the board with such affidavits and accurate evidence of earnings, employment and gainful activity as the board may require, including, but not limited to, joint and/or individual tax returns. Payment of the disability retirement allowance shall continue as long as the individual remains disabled, and regardless of service or age. Upon retirement for accidental disability that has been found by the board to be permanently and totally disabling from any employment, a teacher shall receive a retirement allowance equal to sixty-six and two-thirds percent (662/3%) of the rate of the teacher’s compensation at the date of the teacher’s retirement subject to the provisions of § 16-16-20. The retirement board shall apply the terms of subsection 28-33-17(b) in determining total disability.
History of Section. P.L. 1992, ch. 306, art. 2, § 4; P.L. 2009, ch. 68, art. 7, § 4.
Notwithstanding any of the provisions of chapters 3 and 4 of title 36, and/or any existing regulations of the director of administration or the state retirement board, the state retirement board shall accord to a teacher, so entitled under present existing regulations, the minimum retirement benefits pending a decision upon any disability retirement of the teacher; provided, however, the granting of the minimum retirement shall not estop the teacher, so claiming disability, from any disability retirement consideration by the board.
History of Section. P.L. 1992, ch. 306, art. 2, § 4.
Once each year the retirement board may, and upon his or her application shall, require any disability beneficiary under the minimum age of service retirement to undergo a medical examination, the examination to be made at the place of residence of the beneficiary, or other place mutually agreed upon, by a physician or physicians engaged by the retirement board. If the examination indicates that the beneficiary is able to engage in a gainful occupation, his or her name shall be placed on appropriate lists of candidates prepared for appointment to positions in his or her department or agency for which he or she is stated to be qualified, of a salary grade not exceeding that from which he or she was last retired. Should the beneficiary be engaged in a gainful occupation or should he or she be offered service as a result of the placing of his or her name on a list of candidates, the retirement board shall adjust, and, from time to time readjust, the amount of his or her disability benefit to an amount which shall not exceed the rate of benefit upon which he or she was originally retired, and which, when added to the amount then earnable by him or her, shall not exceed his or her rate of annual compensation currently for the classification that the disability annuitant held prior to retirement. Should any disability beneficiary under the minimum age of service retirement refuse to submit to one medical examination in any year by a physician or physicians designated by the retirement board, his or her benefit shall be discontinued until his or her withdrawal of the refusal, and should his or her refusal continue for one year, all his or her rights in and to the benefit shall be revoked by the retirement board. A disability beneficiary, reinstated to active service, shall be reinstated as a member and participate in the rights of the retirement system, to the same extent as any other teacher.
History of Section. P.L. 1992, ch. 306, art. 2, § 4.
Any amount paid or payable under the provisions of any workers’ compensation law, exclusive of Medicare set aside allocations, specific compensation benefits or any benefits due pursuant to the terms of a collective bargaining agreement or as the result of any action for damages for personal injuries against the state, on account of the death or disability of a teacher, shall be offset against and payable in lieu of any benefits payable out of funds provided by the state under the provisions of this chapter on account of the death or disability of the teacher. If the value of the total commuted benefits under any workers’ compensation law or action is less than the present value on an actuarial basis of the benefits otherwise payable under this chapter, the value of the commuted payments shall be deducted from the present value of the benefits, and the balance thereof shall be payable under the provisions of this chapter.
History of Section. P.L. 1992, ch. 306, art. 2, § 4; P.L. 2022, ch. 247, § 1, effective June 28, 2022; P.L. 2022, ch. 248, § 1, effective June 28, 2022.
[Repealed]
History of Section. P.L. 1948, ch. 2101, §§ 4, 5; P.L. 1952, ch. 3000, § 3; G.L. 1956, §§ 16-16-15 — 16-16-21; Repealed by P.L. 1980, ch. 169, § 1.
(a) Prior to July 1, 2012, each teacher shall contribute into the system nine and one-half percent (9.5%) of compensation as his or her share of the cost of annuities, benefits, and allowances. Effective July 1, 2012, each teacher shall contribute an amount equal to three and three quarters percent (3.75%) of his or her compensation. Effective July 1, 2015, each teacher with twenty (20) or more years of total service as of June 30, 2012, shall contribute an amount equal to eleven percent (11%) of his or her compensation. The employer contribution on behalf of teacher members of the system shall be in an amount that will pay a rate percent of the compensation paid to the members, according to the method of financing prescribed in the state retirement act in chapters 8 — 10 and 10.3 of title 36. This amount shall be paid forty percent (40%) by the state and sixty percent (60%) by the city, town, local educational agency, or any formalized commissioner-approved cooperative service arrangement by whom the teacher members are employed, with the exception of teachers who work in federally funded projects and further with the exception of any supplemental contributions by a local municipality employer under chapter 10.3 of title 36 which supplemental employer contributions shall be made wholly by the local municipality. Provided, however, that the rate percent paid shall be rounded to the nearest hundredth of one percent (.01%).
(b) The employer contribution on behalf of teacher members of the system who work in fully or partially federally funded programs shall be prorated in accordance with the share of the contribution paid from the funds of the federal, city, town, or local educational agency, or any formalized commissioner-approved cooperative service arrangement by whom the teacher members are employed.
(c) In case of the failure of any city, town, or local educational agency, or any formalized commissioner-approved cooperative service arrangement, to pay to the state retirement system the amounts due from it under this section within the time prescribed, the general treasurer is authorized to deduct the amount from any money due the city, town, or local educational agency from the state.
(d) The employer’s contribution shared by the state shall be paid in the amounts prescribed in this section for the city, town, or local educational agency and under the same payment schedule. Notwithstanding any other provisions of this chapter, the city, town, or local educational agency or any formalized commissioner-approved cooperative service arrangement shall remit to the general treasurer of the state the local employer’s share of the teacher’s retirement on the date contributions are withheld but no later than three (3) business days following the pay period ending in which contributions were withheld. The amounts that would have been contributed shall be deposited by the state in a special fund and not used for any purpose. The general treasurer, upon receipt of the local employer’s share, shall effect transfer of a matching amount of money from the state funds appropriated for this purpose by the general assembly into the retirement fund.
Upon reconciliation of the final amount owed to the retirement fund for the employer share, the state shall ensure that any local education aid reduction assumed for the FY 2010 revised budget in excess of the actual savings is restored to the respective local entities.
(e) This section is not subject to §§ 45-13-7 through 45-13-10.
History of Section. P.L. 1948, ch. 2101, § 6; P.L. 1949, ch. 2375, § 1; P.L. 1951, ch. 2830, § 8; G.L. 1956, § 16-16-22; P.L. 1958, ch. 79, § 1; P.L. 1976, ch. 289, § 4; P.L. 1978, ch. 168, § 2; P.L. 1979, ch. 332, § 1; P.L. 1980, ch. 146, § 1; P.L. 1980, ch. 175, § 1; P.L. 1981, ch. 16, § 1; P.L. 1982, ch. 97, § 1; P.L. 1985, ch. 331, § 1; P.L. 1988, ch. 509, § 2; P.L. 1989, ch. 126, art. 29, § 1; P.L. 1991, ch. 6, art. 7, § 4; P.L. 1995, ch. 370, art. 15, § 1; P.L. 2001, ch. 86, § 36; P.L. 2009, ch. 5, art. 10, § 3; P.L. 2009, ch. 68, art. 7, § 9; P.L. 2010, ch. 9, § 2; P.L. 2010, ch. 10, § 2; P.L. 2011, ch. 408, § 10; P.L. 2011, ch. 409, § 10; P.L. 2015, ch. 141, art. 21, § 13; P.L. 2019, ch. 205, § 4; P.L. 2019, ch. 271, § 4; P.L. 2020, ch. 79, art. 2, § 7.
(a) Each city or town, pursuant to the provisions of § 414(h)(2) of the United States Internal Revenue Code, 26 U.S.C. § 414(h)(2), may, pursuant to appropriate local action by the city or town, pick up and pay the contributions that would be payable by the employees as teacher members under § 16-16-22. The contributions so picked up shall be treated as employer contributions in determining tax treatment under the United States Internal Revenue Code. Employee contributions picked up pursuant to this section shall be treated and identified as teacher member contributions for all purposes of the retirement system except as specifically provided to the contrary in this section.
(b) Teacher member contributions picked up by a city or town shall be paid from the same source of funds used for the payment of compensation to a teacher member. A deduction shall be made from a teacher member’s compensation equal to the amount of his or her contributions picked up by his or her city or town employer. This deduction, however, shall not reduce his or her compensation for purposes of computing benefits under the retirement system pursuant to this chapter or chapter 10 of title 36. Picked up contributions shall be transmitted to the retirement system in accordance with the provisions of § 16-16-22 and § 36-10-1 on the date contributions are withheld but no later than three (3) business days following the pay period ending in which contributions were withheld.
(c) Every employer is required to deduct and withhold member contributions and to transmit same to the retirement system and is hereby made liable for the contribution. In addition, any amount of employee contributions actually deducted and withheld shall be deemed to be a special fund in trust for the benefit of the member and shall be transmitted to the retirement system as set forth herein.
(d) The liability of an employer who fails to segregate these trust funds, or refuses to deduct and withhold member contributions from its employees, is enforceable by the retirement board through an appropriate action in the superior court. The general treasurer is also authorized to deduct the amount due from any money due the employer from the state.
History of Section. P.L. 1983, ch. 37, § 3; P.L. 2011, ch. 408, § 10; P.L. 2011, ch. 409, § 10; P.L. 2019, ch. 205, § 4; P.L. 2019, ch. 271, § 4.
Except as specifically provided otherwise in this chapter, all provisions of chapters 8 — 10 of title 36 shall extend and apply to the persons made members of the retirement system by the provisions of this chapter.
History of Section. P.L. 1948, ch. 2101, § 7; G.L. 1956, § 16-16-23.
(a) Any teacher or athletic coach certified pursuant to chapter 11.1 of this title, who has retired under the provisions of any law of this state, may substitute as a teacher at state schools and in the public schools of this state for a period of no more than ninety (90) days in any one school year without any forfeiture of, or reduction in, the retirement benefits and allowances the teacher is receiving, or may receive, as a retired teacher. Notice of the employment shall be sent monthly to the state retirement board by the school committee employing the teacher and by the employer and by the retired teacher at the end of each teaching assignment.
(b) Any teacher or athletic coach certified pursuant to chapter 11.1 of this title, who has retired under the provisions of any law of this state, may be employed to fill a vacant position (including, but not limited to, employment as a tutor, mentor principal, or mentor assistant principal) by any state school or public school of this state for a period of no more than ninety (90) days in any one school year without any forfeiture of, or reduction in, the retirement benefits and allowances he or she is receiving, or may receive, as a retiree. Notice of the employment shall be sent monthly to the state retirement board by the employer and by the retired teacher. Provided, however, that no employment may be offered to a retiree subject to this section after July 1, 2002, unless the employer has made a good-faith effort each school year to fill the position with a nonretired employee without success, and certifies, in writing, that it has done so to the employees’ retirement system and to the bargaining agents of all education unions with whom the employer has collective-bargaining agreements.
(c) Any retired teacher or athletic coach may be employed pursuant to subsections (a) and (b), but in no event shall employment exceed ninety (90) days.
(d) The calculation of the ninety-day (90) period in any one school year shall be determined by either of the following methods:
(1) Three (3) hours shall constitute a half day and the number of half days shall be limited to one hundred eighty (180) half days, which shall be the equivalent of ninety (90) full days; or
(2) Each period per day shall constitute one-fifth (⅕) of a teaching day. Any teacher hired to teach two (2) periods per day shall be deemed to have worked seventy-two (72) full days per year. The computation is two-fifths times one hundred eighty (⅖ x 180) school days per year, which shall be equivalent to seventy-two (72) full days per year.
(e) Any retired member of the employees retirement system of Rhode Island under title 36 or 45, who is certified as a substitute teacher, may substitute as a teacher at state schools and in the public schools of this state for a period of no more than ninety (90) days in any one school year without any forfeiture of, or reduction in, the retirement benefits and allowances the substitute teacher is receiving, or may receive, as a retiree under any title. The other provisions of subsections (b) through (d) shall also be deemed to apply.
History of Section. R.P.L. 1957, ch. 71, § 1; P.L. 1967, ch. 193, § 1; P.L. 1985, ch. 257, § 1; P.L. 1988, ch. 84, § 48; P.L. 2000, ch. 334, § 1; P.L. 2000, ch. 458, § 1; P.L. 2001, ch. 199, § 1; P.L. 2001, ch. 289, § 1; P.L. 2002, ch. 383, § 1; P.L. 2003, ch. 155, § 1; P.L. 2003, ch. 156, § 1; P.L. 2016, ch. 429, § 1; P.L. 2016, ch. 430, § 1.
(a) Notwithstanding any public or general law, or rule or regulation to the contrary, any teacher, administrator, or staff member who has retired under the provisions of title 16, 36, or 45 may, as part of the public health crisis caused by COVID-19, exceed the ninety-day (90) cap on post-retirement employment upon:
(1) A determination by the local education authority that there exists a specialized need, within their authority, to fill positions on a temporary basis, that may exceed the ninety-day (90) cap on post-retirement employment;
(2) There exists a good-faith basis that those retired teachers, administrators, and staff members being asked to exceed the ninety-day (90) cap on post-retirement employment possess the skills, training, and knowledge necessary to help address the public health crisis, caused by COVID-19; and
(3) The local education authority has notified the state retirement board that it has determined that exceeding the ninety-day (90) cap on post-retirement employment is necessary to help address the public health crisis caused by COVID-19.
(b) Any teacher, administrator, or staff member who has retired under the provisions of title 16, 36, or 45, and has been employed or re-employed under the provisions of this section, shall not be entitled to additional service credits for such employment.
(c) Unless extended by the general assembly, this section shall sunset upon the conclusion of the 2021-2022 school year.
History of Section. P.L. 2022, ch. 7, § 1, effective March 28, 2022; P.L. 2022, ch. 8, § 1, effective March 28, 2022.
(a) Notwithstanding any public or general law, or rule or regulation to the contrary, any teacher, administrator, or staff member who has retired under the provisions of title 16, 36, or 45 may exceed the ninety-day (90) cap on post-retirement employment upon:
(1) A determination by the local education authority that there exists a specialized need, within their authority, to fill positions on a temporary basis, that may exceed the ninety-day (90) cap on post-retirement employment;
(2) Retired teachers, administrators, and staff members being asked to exceed the ninety-day (90) cap on post-retirement employment possess the skills, training, and knowledge necessary to help address teacher and administrative staffing shortages; and
(3) The local education authority has notified the state retirement board that it has determined that exceeding the ninety-day (90) cap on post-retirement employment is necessary to help address teacher and administrative staffing shortages.
Provided, however, that no employment may be offered to a retiree subject to this section unless the employer has made a good-faith effort each school year to fill the position with a nonretired employee without success, and certifies, in writing, that it has done so to the employees’ retirement system and to the bargaining agents of all education unions with whom the employer has collective bargaining agreements.
(b) Any teacher, administrator, or staff member who has retired under the provisions of title 16, 36, or 45, and has been employed or re-employed under the provisions of this section, shall not be entitled to additional service credits for such employment, and the teacher, administrator, or staff member shall not be responsible for any contribution to the pension system as a result of the employment; provided, however, the local educational authority shall make the employer contribution for the teacher, administrator, or staff member as if the district had hired a new teacher, administrator, or staff member.
(c) This section shall become effective on June 21, 2024, and unless extended by the general assembly, this section shall sunset on June 20, 2025.
History of Section. P.L. 2023, ch. 1, § 1; P.L. 2023, ch. 2, § 1; P.L. 2024, ch. 117, art. 12, § 3.
(a) Notwithstanding any public or general law, or rule or regulation to the contrary, and except as provided in subsection (c) of this section, any teacher member who has retired under the provisions of this title (“education”) may exceed the ninety-day (90) cap on post-retirement employment and work up to one hundred eighty (180) days during a school year upon:
(1) A determination by the local education authority (“LEA”) that there exists a specialized need, within the authority, to fill positions on a temporary basis, that may require the LEA to employ retired teachers and exceed the ninety-day (90) cap on post-retirement employment;
(2) Retired teacher members being asked to exceed the ninety-day (90) cap on post-retirement employment possess the skills, training, and knowledge necessary to help address teacher staffing shortages; and
(3) The local education authority has notified the state retirement board that it has determined that exceeding the ninety-day (90) cap on post-retirement employment is necessary to help address teacher staffing shortages. Provided, however:
(i) No employment may be offered to a retiree subject to this section unless the employer has made a good-faith effort each school year to fill the position with a nonretired employee without success, and certifies, in writing, that it has done so to the employees’ retirement system and to the bargaining agents of all education unions with whom the employer has collective bargaining agreements;
(ii) The LEA provides in its notice to the state retirement board and the bargaining agents the total number of certified teacher positions within the LEA, including the number of teacher positions filled and the number of teacher positions the LEA is seeking to fill; and
(iii) The total number of retired teachers an LEA may hire under the provisions of this section may not exceed five percent (5%) of the total number of certified teacher positions reported to the state retirement board by the LEA pursuant to subsection (a)(3)(ii) of this section.
(b) Any teacher member who has retired under the provisions of this title, and has been employed or re-employed under the provisions of this section, shall not be entitled to additional service credits for such employment, and the teacher member shall not be responsible for any contribution to the pension system as a result of the employment; provided, however, the local educational authority shall make the employer contribution for the teacher member as if the district had hired a new teacher member.
(c) A teacher retired under the provisions of this title shall be subject to a ninety-day (90) cap on post-retirement employment during the period of one year after the date of that teacher’s retirement. Thereafter, that teacher shall be eligible to exceed the ninety-day (90) cap on post-retirement employment as provided in subsection (a) of this section.
(d) The provisions of this section shall apply retroactively to June 20, 2025, and shall sunset one year from enactment or on August 1, 2026, whichever shall occur first.
History of Section. P.L. 2025, ch. 242, § 1, effective June 26, 2025; P.L. 2025, ch. 243, § 1, effective June 26, 2025.
A member’s dependents or survivors shall be eligible to receive the benefits provided in §§ 16-16-25 through 16-16-38 if the member shall have made regular contributions to the teachers’ survivors benefit fund as provided in § 16-16-34 for a period of at least six (6) consecutive calendar months prior to his or her death or retirement, as the case may be. These benefits shall be payable the first of the month following that month in which eligibility for the benefits occurs and shall be paid at the same time as the regular retirement allowance payments are made. No payment shall be due for the month in which ineligibility occurs. No widow’s or mother’s or domestic partner’s benefit payable under §§ 16-16-25 through 16-16-38 shall be reduced because of benefits payable to other dependents of the deceased member under the provisions of §§ 16-16-25 through 16-16-38.
History of Section. P.L. 1962, ch. 212, § 3; P.L. 1963, ch. 59, § 1; P.L. 1964, ch. 215, § 1; P.L. 1974, ch. 254, § 1; P.L. 2007, ch. 510, § 6.
(a) Spouse’s, former spouse divorced, and domestic partner’s benefits are payable following the decease of a member as provided in §§ 16-16-25 — 16-16-38.
(b) The spouse, former spouse divorced, or domestic partner shall be entitled to benefits upon attaining the age of sixty (60) years.
(c) The spouse, former spouse divorced, or domestic partner was living with the deceased member at the time of the member’s death. A spouse, former spouse divorced, or domestic partner is deemed to have been living with the deceased member if they were both members of the same household on the date of the deceased member’s death, or the spouse, former spouse divorced, or domestic partner was receiving contributions from the deceased member toward support on that date, or the deceased member had been ordered by a court to contribute to the spouse’s, former spouse divorced, or domestic partner’s support.
(d) Remarriage of the spouse, former spouse divorced, or domestic partner or establishment of a domestic partnership shall render the person ineligible to receive current or future benefits under this section.
(e) The spouse or domestic partner of a member, as defined in this section, shall be entitled to monthly benefits payable in accordance with the following table:
| | | Spouse's or Domestic | | --- | --- | --- | | | Highest Annual | Partner's Monthly | | | Salary | Minimum Benefit | | | $17,000 or less | $825 | | | $17,001 to $25,000 | $963 | | | $25,001 to $33,000 | $1,100 | | | $33,001 to $40,000 | $1,238 | | | $40,001 and over | $1,375 |
(f) The former spouse divorced shall be entitled to monthly benefits, payable in accordance with the table provided in subsection (e) of this section, only if there are no dependent children, parents, or other spouse or domestic partner entitled to benefits.
(g) A yearly cost-of-living adjustment for spouse’s, former spouse divorced, or domestic partner’s benefits shall be based on the annual social security adjustment.
History of Section. P.L. 1962, ch. 212, § 3; P.L. 1974, ch. 254, § 1; P.L. 1983, ch. 217, § 1; P.L. 1985, ch. 248, § 1; P.L. 1987, ch. 590, § 1; P.L. 1996, ch. 295, § 1; P.L. 2004, ch. 547, § 1; P.L. 2007, ch. 510, § 6; P.L. 2017, ch. 412, § 1; P.L. 2017, ch. 413, § 1; P.L. 2023, ch. 329, § 1, effective June 24, 2023; P.L. 2023, ch. 330, § 1, effective June 24, 2023.
(a) Family benefits shall be payable upon the decease of the member as provided in §§ 16-16-25 through 16-16-38 if at the time of the member’s death the surviving spouse or domestic partner:
(1) Has in his or her care a child of the deceased member entitled to child benefits;
(2) Is not entitled to a spouse’s or domestic partner’s benefit as provided in this chapter; and
(3) Was living with the deceased member at the time of his or her death.
(b) Family benefits shall be payable in accordance with the following table.
The monthly benefit shall be equal to the benefit that would be available to a spouse or domestic partner under § 16-16-26 multiplied by the following percentages:
| Parent and 1 Child | Parent and 2 Children | Parent and more than 2 Children | One Child Alone | Two Children Alone | Three or more Children Alone | | --- | --- | --- | --- | --- | --- | | 150% | 175% | 175% | 75% | 150% | 175% |
(c) Family benefits as set forth in this section are payable to the former spouse or to a former domestic partner divorced of a deceased member, if the former spouse or to a former domestic partner divorced:
(1) Has in his or her care a child of the deceased member who is his or her son, daughter, or legally adopted child entitled to child benefits payable on the basis of the deceased member’s salary;
(2) Was receiving from the deceased member, pursuant to agreement or court order, at least one-half (1/2) of his or her support at the time of the deceased member’s death;
(3) Is not entitled to a spouse’s or domestic partner’s benefit as provided in §§ 16-16-25 through 16-16-38.
(d) The family monthly benefit shall be payable in accordance with the table set forth in this section. A spouse or domestic partner who no longer qualifies for benefits under this section because his or her child or children have attained the age of eighteen (18) years or twenty-three (23) years and a full time student shall be entitled to receive monthly benefits upon attaining sixty (60) years of age in accordance with the benefits set forth in § 16-16-26. The family benefits provided under this section shall cease upon the remarriage of the surviving spouse or domestic partner or establishment of a domestic partnership.
History of Section. P.L. 1962, ch. 212, § 3; P.L. 1974, ch. 254, § 1; P.L. 1983, ch. 217, § 1; P.L. 1986, ch. 498, § 1; P.L. 1989, ch. 485, § 1; P.L. 1996, ch. 295, § 1; P.L. 2007, ch. 510, § 6.
(a) Children’s benefits are payable to the child, including a stepchild or adopted child of a deceased member, if:
(1) The child is unmarried and under the age of eighteen (18) years or twenty-three (23) years and a full time student, and was dependent upon the member at the time of the member’s death; or
(2) The dependent child regardless of age was under a disability which began before the child attained the age of eighteen (18) years. A child shall not be considered disabled unless proof is furnished to the retirement board.
(b)(1) A child is considered dependent if living with the member at the time of the member’s death and he or she was contributing to the support of the child. If the member at the time of the member’s death was not living with the child or contributing to the child’s support, the child, if legitimate, is considered dependent upon the member unless the child:
(i) Was adopted by some other individual; or
(ii) Was living with and receiving more than one-half (1/2) of his or her support from either one or both stepparents.
(2) An adopted child is considered dependent upon his or her adopting parents under the same conditions as those that apply to parents and their natural children.
(c) A child is considered dependent upon either one or both stepparents at the time of the death if the child was:
(1) Living with his or her stepparent(s); or
(2) Receiving at least one-half (1/2) of his or her support from either one or both of the stepparents.
History of Section. P.L. 1962, ch. 212, § 3; P.L. 1974, ch. 254, § 1; P.L. 1983, ch. 217, § 1; P.L. 1986, ch. 498, § 1.
[Repealed]
History of Section. P.L. 1962, ch. 212, § 3; P.L. 1974, ch. 254, § 1; Repealed by P.L. 1983, ch. 217, § 2. For present provisions of law concerning spouse’s benefits, see § 16-16-26.
(a) Parent’s benefits are payable to the parent or parents of a deceased member if the member did not leave a widow, widower, or child who could ever qualify for monthly benefits on the member’s wages and the parent:
(1) Has reached the age of sixty (60) years;
(2) Has not remarried or entered into a domestic partnership after the death of the member;
(3) Was receiving at least one-half (½) of his or her support from the member at the time of the member’s death and filed proof of his or her support within two (2) years of the date of death; and
(4) Is not entitled to a federal or state old age benefit based on his or her own earnings equal to or greater than the amount he or she would be entitled to as the dependent parent of the deceased member.
(b) A parent’s benefit shall be payable monthly in accordance with the benefits set forth in § 16-16-26.
History of Section. P.L. 1962, ch. 212, § 3; P.L. 1974, ch. 254, § 1; P.L. 1996, ch. 295, § 1; P.L. 2007, ch. 510, § 6.
A member withdrawing from service prior to retirement shall be entitled to a refund equal to the total amount contributed by him or her to the teachers’ survivors benefit fund, without interest.
History of Section. P.L. 1962, ch. 212, § 3; P.L. 1974, ch. 254, § 1.
A member at the date of retirement in lieu of the survivors benefits provided in §§ 16-16-25 — 16-16-38 may elect to receive a lump sum payment equal to his or her contributions to the teachers’ survivors benefit fund, plus interest. Any member who retired prior to the effective date of this legislation shall have one hundred twenty (120) days from the effective date of this legislation to elect to receive a lump sum payment equal to his or her contributions to the teachers’ survivors benefit fund, plus interest. Interest is to be calculated and payable only up to the date of retirement.
History of Section. P.L. 1962, ch. 212, § 3; P.L. 1974, ch. 254, § 1; P.L. 1996, ch. 295, § 1; P.L. 2004, ch. 551, § 1.
[Repealed]
History of Section. P.L. 1962, ch. 212, § 3; Repealed by amendment provisions of P.L. 1974, ch. 254, § 1. For present law, see § 16-16-31.
(a) In the case of any member who dies while in service leaving no dependents or survivors as defined in §§ 16-16-1, 16-16-11, and 16-16-25 through 16-16-38, his or her accumulated contributions to the teachers’ survivors benefit fund plus interest shall be payable to the person or persons that he or she may designate to the retirement board or in the absence of a designation to his or her estate.
(b) Contributions made by a member who at the date of retirement did not exercise the election provided in § 16-16-32 and who dies without leaving survivors as defined in this chapter shall become part of the reserve of the fund.
History of Section. P.L. 1962, ch. 212, § 3; P.L. 1966, ch. 80, § 1; P.L. 1974, ch. 254, § 1.
(a) The cost of the benefits provided in §§ 16-16-25 — 16-16-38 shall be two percent (2%) of the member’s annual salary up to but not exceeding an annual salary of eleven thousand five hundred dollars ($11,500); one-half (½) of the cost shall be contributed by the member by deductions from his or her salary, and the other half (½) shall be contributed and paid by the respective city, town, or school district by which the member is employed. These contributions shall be in addition to the contributions provided in § 16-16-22 and shall be paid into the teachers’ survivors benefit fund created by §§ 16-16-25 — 16-16-38 in the same manner as contributions are made under the provisions of § 16-16-22.
(b) In the event the market value of the teachers’ survivor benefit plan assets shall decrease below one hundred (100%) percent of the teachers’ survivor benefit plan liabilities as reported by a qualified actuary pursuant to § 16-16-37, the retirement board shall determine and fix the amount of contributions necessary to maintain a funding level of not less than one hundred (100%) percent of assets to liabilities ratio. Any adjusted cost of the benefits provided in §§ 16-16-25 — 16-16-38 shall be paid for by the member by deduction from his or her salary. These contributions shall be in addition to the contributions provided in § 16-16-22 and shall be paid into the teachers’ survivors benefit fund created by §§ 16-16-25 — 16-16-38 in the same manner as contributions are made under the provisions of § 16-16-22; provided, however, that payments to compensate for asset-to-liability ratios less than one hundred (100%) percent shall be amortized over individual ten-year (10) close periods. Notwithstanding anything to the contrary in this chapter or in any other provision of Rhode Island law, no benefit enhancements, beyond the current provisions within §§ 16-16-25 — 16-16-38, shall be granted until the market value of the teachers’ survivor benefit plan assets shall increase above one hundred and twenty (120%) percent of the teachers’ survivor benefit plan liabilities as reported by a qualified actuary pursuant to § 16-16-37.
History of Section. P.L. 1962, ch. 212, § 3; P.L. 1974, ch. 254, § 1; P.L. 1996, ch. 295, § 1; P.L. 2004, ch. 547, § 1; P.L. 2013, ch. 501, § 28; P.L. 2017, ch. 412, § 2; P.L. 2017, ch. 413, § 2.
There shall be established by the retirement board a special reserve account to be designated as the “teachers’ survivors benefit fund” and all contributions made and other money received under §§ 16-16-25 through 16-16-38 shall be credited to and all payments for benefits shall be charged to this reserve account.
History of Section. P.L. 1962, ch. 212, § 3; P.L. 1974, ch. 254, § 1; P.L. 1996, ch. 295, § 1.
(a) The retirement board shall administer and carry out the provisions of §§ 16-16-25 — 16-16-38, and shall fix the rate of regular interest payable under §§ 16-16-25 — 16-16-38 to be changed from time to time, based upon the amount of interest earned by the teachers’ survivors benefit fund. The retirement board shall also cause a study and review to be made of the financial condition of the teachers’ survivors benefit fund at least once every two (2) years by a qualified actuary who shall report his or her findings and make recommendations to the board.
(b) Any negotiated agreement entered into between any state or municipal agency or department and an employee or employees, whose conditions are contrary to the general laws or the rules and regulations and policies as adopted and promulgated by the retirement board, shall be null and void unless and until approved by formal action of the retirement board, for good cause shown.
History of Section. P.L. 1962, ch. 212, § 3; P.L. 1974, ch. 254, § 1; P.L. 1992, ch. 306, art. 2, § 3; P.L. 1996, ch. 295, § 1; P.L. 2001, ch. 86, § 36; P.L. 2004, ch. 547, § 1.
Sections 16-16-25 through 16-16-38 shall not apply to teachers of any city, town, or regional school district who have elected coverage under the federal Social Security Act, 42 U.S.C. § 301 et seq., under the provisions of chapter 7 of title 36.
History of Section. P.L. 1962, ch. 212, § 4; P.L. 1974, ch. 254, § 1; P.L. 1996, ch. 295, § 1.
The provisions of this chapter are severable and if any of its provisions are adjudged to be invalid or unconstitutional this shall not affect or impair any of the remaining provisions.
History of Section. P.L. 1962, ch. 212, § 5; P.L. 1974, ch. 254, § 1.
(a) All teachers and all beneficiaries of teachers receiving any service retirement or ordinary or accidental disability retirement allowance pursuant to the provisions of this chapter and chapter 17 of this title, on or before December 31, 1967, shall receive a cost of living retirement adjustment equal to one and one-half percent (1.5%) per year of the original retirement allowance, not compounded, for each year the retirement allowance has been in effect. For purposes of computation credit shall be given for a full calendar year regardless of the effective date of the retirement allowance. This cost of living retirement adjustment shall be added to the amount of the service retirement allowance as of January 1, 1970, and payment shall begin as of July 1, 1970. An additional cost of living retirement adjustment shall be added to the original retirement allowance equal to three percent (3%) of the original retirement allowance on the first day of January, 1971, and each year thereafter through December 31, 1980.
(b) All teachers and beneficiaries of teachers receiving any service retirement or ordinary disability retirement allowance pursuant to the provisions of this title who retired on or after January 1, 1968, shall, on the first day of January, next following the third (3rd) year on retirement, receive a cost of living adjustment, in addition to their retirement allowance, an amount equal to three percent (3%) of the original retirement allowance. In each succeeding year thereafter, on the first day of January, the retirement allowance shall be increased an additional three percent (3%) of the original retirement allowance, not compounded, to be continued through December 31, 1980.
(c)(1) Beginning on January 1, 1981, for all teachers and beneficiaries of teachers receiving any service retirement and all teachers and all beneficiaries of teachers who have completed at least ten (10) years of contributory service on or before July 1, 2005, pursuant to the provisions of this chapter, and for all teachers and beneficiaries of teachers who receive a disability retirement allowance pursuant to §§ 16-16-14 — 16-16-17, the cost of living adjustment shall be computed and paid at the rate of three percent (3%) of the original retirement allowance or the retirement allowance as computed in accordance with § 16-16-40.1, compounded annually from the year for which the cost of living adjustment was determined to be payable by the retirement board pursuant to the provisions of subsection (a) or (b) of this section. Such cost of living adjustments are available to teachers who retire before October 1, 2009, or are eligible to retire as of September 30, 2009.
(2) The provisions of this subsection shall be deemed to apply prospectively only and no retroactive payment shall be made.
(3) The retirement allowance of all teachers and all beneficiaries of teachers who have not completed at least ten (10) years of contributory service on or before July 1, 2005, or were not eligible to retire as of September 30, 2009, shall, on the month following the third anniversary date of the retirement, and on the month following the anniversary date of each succeeding year be adjusted and computed by multiplying the retirement allowance by three percent (3%) or the percentage of increase in the Consumer Price Index for All Urban Consumers (CPI-U) as published by the United States Department of Labor Statistics, determined as of September 30 of the prior calendar year, whichever is less; the cost of living adjustment shall be compounded annually from the year for which the cost of living adjustment was determined payable by the retirement board; provided, that no adjustment shall cause any retirement allowance to be decreased from the retirement allowance provided immediately before such adjustment.
(d) For teachers not eligible to retire in accordance with this chapter as of September 30, 2009, and not eligible upon passage of this article, and for their beneficiaries, the cost of living adjustment described in subsection (c)(3) of this section shall only apply to the first thirty-five thousand dollars ($35,000) of retirement allowance, indexed annually, and shall commence upon the third (3rd) anniversary of the date of retirement or when the retiree reaches age sixty-five (65), whichever is later. The thirty-five thousand dollar ($35,000) limit shall increase annually by the percentage increase in the Consumer Price Index for All Urban Consumers (CPI-U) as published by the United States Department of Labor Statistics determined as of September 30 of the prior calendar year or three percent (3%), whichever is less. The first thirty-five thousand dollars ($35,000), as indexed, of retirement allowance shall be multiplied by the percentage of increase in the Consumer Price Index for All Urban Consumers (CPI-U) as published by the United States Department of Labor Statistics determined as of September 30 of the prior calendar year or three percent (3%), whichever is less, on the month following the anniversary date of each succeeding year. For teachers eligible to retire as of September 30, 2009, or eligible upon passage of this article, and for their beneficiaries, the provisions of this subsection (d) shall not apply.
(e) The provisions of §§ 45-13-7 — 45-13-10 shall not apply to this section.
(f) This subsection (f) shall be effective for the period July 1, 2012, through June 30, 2015.
(1) Notwithstanding the prior paragraphs of this section, and subject to subsection (f)(2) below, for all present and former teachers, active and retired teachers, and beneficiaries receiving any retirement, disability or death allowance or benefit of any kind, the annual benefit adjustment provided in any calendar year under this section shall be equal to (A) multiplied by (B) where (A) is equal to the percentage determined by subtracting five and one-half percent (5.5%) (the “subtrahend”) from the Five-Year Average Investment Return of the retirement system determined as of the last day of the plan year preceding the calendar year in which the adjustment is granted, said percentage not to exceed four percent (4%) and not to be less than zero percent (0%), and (B) is equal to the lesser of the teacher’s retirement allowance or the first twenty-five thousand dollars ($25,000) of retirement allowance, such twenty-five thousand dollars ($25,000) amount to be indexed annually in the same percentage as determined under (f)(1)(A) above. The “Five-Year Average Investment Return” shall mean the average of the investment returns of the most recent five (5) plan years as determined by the retirement board. Subject to subsection (f)(2) below, the benefit adjustment provided by this subsection (f)(1) shall commence upon the third (3rd) anniversary of the date of retirement or the date on which the retiree reaches their Social Security retirement age, whichever is later. In the event the retirement board adjusts the actuarially assumed rate of return for the system, either upward or downward, the subtrahend shall be adjusted either upward or downward in the same amount.
(2) Except as provided in subsection (f)(3), the benefit adjustments under this section for any plan year shall be suspended in their entirety unless the funded ratio of the employees’ retirement system of Rhode Island, the judicial retirement benefits trust, and the state police retirement benefits trust, calculated by the system’s actuary on an aggregate basis, exceeds eighty percent (80%) in which event the benefit adjustment will be reinstated for all teachers for such plan year.
In determining whether a funding level under this subsection (f)(2) has been achieved, the actuary shall calculate the funding percentage after taking into account the reinstatement of any current or future benefit adjustment provided under this section.
(3) Notwithstanding subsection (f)(2), in each fifth plan year commencing after June 30, 2012, commencing with the plan year ending June 30, 2017, and subsequently at intervals of five plan years, a benefit adjustment shall be calculated and made in accordance with subsection (f)(1) above until the funded ratio of the employees’ retirement system of Rhode Island, the judicial retirement benefits trust, and the state police retirement benefits trust, calculated by the system’s actuary on an aggregate basis, exceeds eighty percent (80%).
(4) Notwithstanding any other provisions of this chapter, the provisions of this subsection (f) shall become effective July 1, 2012, and shall apply to any benefit adjustments not granted on or prior to June 30, 2012.
(g) This subsection (g) shall become effective July 1, 2015.
(1)(A) As soon as administratively reasonable following the enactment into law of this subsection (g)(1)(A), a one-time benefit adjustment shall be provided to teachers and/or beneficiaries of teachers who retired on or before June 30, 2012, in the amount of two percent (2%) of the lesser of either the teacher’s retirement allowance or the first twenty-five thousand dollars ($25,000) of the teacher’s retirement allowance. This one-time benefit adjustment shall be provided without regard to the retiree’s age or number of years since retirement.
(B) Notwithstanding the prior subsections of this section, for all present and former teachers, active and retired teachers, and beneficiaries receiving any retirement, disability, or death allowance or benefit of any kind, the annual benefit adjustment provided in any calendar year under this section for adjustments on and after January 1, 2016, and subject to subsection (g)(2) below, shall be equal to (I) multiplied by (II):
(I) shall equal the sum of fifty percent (50%) of (i) plus fifty percent (50%) of (ii) where:
(i) is equal to the percentage determined by subtracting five and one-half percent (5.5%) (the “subtrahend”) from the five-year average investment return of the retirement system determined as of the last day of the plan year preceding the calendar year in which the adjustment is granted, said percentage not to exceed four percent (4%) and not to be less than zero percent (0%). The “five-year average investment return” shall mean the average of the investment returns of the most recent five (5) plan years as determined by the retirement board. In the event the retirement board adjusts the actuarially assumed rate of return for the system, either upward or downward, the subtrahend shall be adjusted either upward or downward in the same amount.
(ii) is equal to the lesser of three percent (3%) or the percentage increase in the Consumer Price Index for All Urban Consumers (CPI-U) as published by the U.S. Department of Labor Statistics determined as of September 30 of the prior calendar year.
In no event shall the sum of (i) plus (ii) exceed three and one-half percent (3.5%) or be less than (0%) percent.
(II) is equal to the lesser of either the teacher’s retirement allowance or the first twenty-five thousand eight hundred and fifty-five dollars ($25,855) of retirement allowance, such amount to be indexed annually in the same percentage as determined under subsection (g)(1)(B)(I) above.
The benefit adjustments provided by this subsection (g)(1)(B) shall be provided to all retirees entitled to receive a benefit adjustment as of June 30, 2012, under the law then in effect, and for all other retirees the benefit adjustments shall commence upon the third anniversary of the date of retirement or the date on which the retiree reaches his or her Social Security retirement age, whichever is later.
(2) Except for teachers and/or beneficiaries of teachers who retired on or before June 30, 2012, the benefit adjustments under subsection (g)(1)(B) for any plan year shall be reduced to twenty-five percent (25%) of the benefit adjustment unless the funded ratio of the employees’ retirement system of Rhode Island, the judicial retirement benefits trust, and the state police retirement benefits trust, calculated by the system’s actuary on an aggregate basis, exceeds eighty percent (80%) in which event the benefit adjustment will be reinstated for all teachers for such plan year. Effective July 1, 2024, the funded ratio of the employees’ retirement system of Rhode Island, the judicial retirement benefits trust, and the state police retirement benefits trust, calculated by the system’s actuary on an aggregate basis, of exceeding eighty percent (80%) for the benefit adjustment to be reinstated for all teachers for such plan year shall be replaced with seventy-five percent (75%).
In determining whether a funding level under this subsection (g)(2) has been achieved, the actuary shall calculate the funding percentage after taking into account the reinstatement of any current or future benefit adjustment provided under this section.
(3) Effective for teachers and/or beneficiaries of teachers who retired after June 30, 2012, or on or before June 30, 2015, the dollar amount in subsection (g)(1)(B)(II) of twenty-five thousand eight hundred and fifty-five dollars ($25,855) shall be replaced with thirty-one thousand and twenty-six dollars ($31,026) until the funded ratio of the employees’ retirement system of Rhode Island, the judicial retirement benefits trust, and the state police retirement benefits trust, calculated by the system’s actuary on an aggregate basis, exceeds eighty percent (80%). Effective July 1, 2024, the funded ratio of the employees’ retirement system of Rhode Island, the judicial retirement benefits trust, and the state police retirement benefits trust, calculated by the system’s actuary on an aggregate basis, of exceeding eighty percent (80%) shall be replaced with seventy-five percent (75%).
(4) Effective for teachers and/or beneficiaries of teachers who have retired on or before July 1, 2015, a one-time stipend of five hundred dollars ($500) shall be payable within sixty (60) days following the enactment of the legislation implementing this provision, and a second one-time stipend of five hundred dollars ($500) in the same month of the following year. These stipends shall be payable to all retired teachers or beneficiaries receiving a benefit as of the applicable payment date and shall not be considered cost of living adjustments under the prior provisions of this section.
History of Section. P.L. 1970, ch. 112, art. 10, § 2; P.L. 1980, ch. 237, §§ 1, 3; P.L. 1981, ch. 120, § 1; P.L. 1986, ch. 482, § 1; P.L. 2005, ch. 117, art. 7, § 1; P.L. 2009, ch. 68, art. 7, § 4; P.L. 2010, ch. 23, art. 16, § 2; P.L. 2011, ch. 408, § 10; P.L. 2011, ch. 409, § 10; P.L. 2015, ch. 141, art. 21, § 14; P.L. 2023, ch. 79, art. 12, § 1, effective January 1, 2024; P.L. 2024, ch. 117, art. 12, § 3, effective June 17, 2024.
(a) All teachers and the beneficiaries of teachers who retired during the calendar year 1979 shall receive an additional eight percent (8%) to their original retirement allowance.
(b) All teachers and the beneficiaries of teachers who retired during calendar year 1978 shall receive an additional two percent (2%) added to the base eight percent (8%) paid to the 1979 retirees. Provided, further that an additional two percent (2%) of the retirement allowance shall be paid for each year to a maximum of twenty percent (20%) to those retirees and beneficiaries who retired in calendar year 1973 and prior to 1973 as indicated in the following schedule:
| Year of Retirement | Additional Percentage | | --- | --- | | 1979 | 8% | | 1978 | 10% | | 1977 | 12% | | 1976 | 14% | | 1975 | 16% | | 1974 | 18% | | 1973 | 20% | | Years prior to 1973 | 20% |
(c) The additional percentage shall be incorporated into the recipient’s monthly benefit starting with the payment due on or after July 31, 1986.
(d) The provisions of §§ 45-13-7 through 45-13-10 shall not apply to this section.
History of Section. P.L. 1986, ch. 482, § 3.
[Repealed]
History of Section. P.L. 1979, ch. 113, § 1; Repealed by P.L. 1981, ch. 9, § 1.
Notwithstanding any other provision of law to the contrary, any member who, at the time of retirement from service, has in effect life insurance provided for as a benefit of his or her employment shall, after retirement, be entitled to keep the policy of life insurance in effect by paying to the city or town an amount equal to the annual cost of the policy for the individual at the time of the individual’s retirement. The policy of insurance shall remain in effect for so long as the member continues to make annual payments.
History of Section. P.L. 1986, ch. 492, § 2; P.L. 1987, ch. 580, § 2.
Notwithstanding any other provisions of the retirement law or rulings of the retirement board in accordance with the powers vested in the board, no teacher shall be allowed to purchase service credits for time while incarcerated in prison, including, but not limited to, work release programs or home confinement programs.
History of Section. P.L. 1992, ch. 306, art. 2, § 5.
Teachers in state universities, colleges, or schools shall be covered under the provisions of chapters 8, 9, and 10 of title 36 and chapters 16 and 17.1 of this title.
History of Section. P.L. 1948, ch. 2102, § 1; impl. am. P.L. 1951, ch. 2686, § 3; G.L. 1956, § 16-17-1; impl. am. P.L. 1959, ch. 44, § 2; P.L. 1981, ch. 126, § 1.
[Repealed]
The following words and phrases as used in this chapter, unless a different meaning is plainly required by the context, have the following meanings:
(1) “Average compensation” means the average of the annual contractual or yearly salary of an employee during the five (5) consecutive years of employment when average compensation was the highest either: (i) as an employee under the program, or (ii) as a member of the state employees retirement system.
(2) “Board” means the board of regents for higher education.
(3) “Employees” means presidents, professors, instructors, or other employees of the board who are eligible to participate in any retirement program by virtue of the terms of the program and who are exempt from the merit system; except as provided in this chapter, if an employee of the board who participates in the program shall change classifications, he or she shall have the option to remain with the program.
(4) “Retirement program” and “program” means any retirement program adopted by the board of regents for higher education for any of its employees as defined in this section.
(5) “State colleges” means the University of Rhode Island, Rhode Island College, Community College of Rhode Island, and any other universities, colleges, or schools under the jurisdiction of the board.
(6) “State employees retirement system” means the retirement system existing by virtue of chapters 8 — 10 of title 36 and made applicable to employees by chapter 17 of this title.
History of Section. P.L. 1967, ch. 152, § 3; P.L. 1987, ch. 547, § 1.
(a) All employees including those so employed on May 24, 1967, who have not been active members of the state employees retirement system, upon becoming eligible for membership in a program, shall be required to participate in the program.
(b)(1) All employees including those so employed on May 24, 1967, who become eligible for membership in a program, and who are active members of the state employees retirement system, are extended the option of continuing their active membership in the state employees retirement system or joining the program and retaining a limited membership in the state employees retirement system as set forth in this chapter and be eligible for a vested pension only as contained in this chapter. These limited members shall not be entitled to any other benefits or provisions.
(2) All employees who become eligible for membership in the program after July 1, 1967, shall make their election within sixty (60) days after they become eligible for participation in the program. All employees not exercising the option to join a program shall be deemed to have chosen to continue active membership in the state employees retirement system in lieu of exercising the option to participate under the program.
(c) Any employee who was a member of the program as an employee of the board, who subsequently enters the employees retirement system as a member by virtue of his or her employment, may have the option to purchase credit for any prior service with the board under the program, provided that he or she pays into the retirement system in a lump sum:
(1) The amount he or she would have contributed to the system had he or she been a member during his or her service, plus regular interest; and
(2) The amount of the state’s contribution to the program for his or her service, plus regular interest; and
(3) Provided further that these payments shall be made within the employee’s first year of membership in the retirement system.
History of Section. P.L. 1967, ch. 152, § 3; P.L. 1973, ch. 20, § 1; P.L. 1973, ch. 246, § 1; P.L. 1975, ch. 106, § 1; P.L. 1987, ch. 547, § 1; P.L. 2001, ch. 86, § 37.
An employee who elects to participate in a program as provided under § 16-17.1-2(b) may further elect to withdraw the total amount of all contributions he or she has made to the state employees retirement system, provided that the state retirement board shall be notified in writing of the employee’s intent to withdraw his or her contributions within ninety (90) days of the date upon which the employee becomes eligible to participate in a program. Upon the withdrawal of funds, which shall be effected within ninety (90) days following the state retirement board’s receipt of notice that the employee is participating under a program, the employee shall thereby forfeit and relinquish all accrued rights as a member of the state employees retirement system.
History of Section. P.L. 1967, ch. 152, § 3.
An employee who has elected to participate in a program in accordance with the provisions of § 16-17.1-2(b) and who has not withdrawn his or her contribution as provided in § 16-17.1-3 shall continue to be a member of the state employees retirement system and service with the state colleges while participating in the program shall be considered as service under the system; provided, however, that the employee shall be required to make no further contributions to the system and provided further that should the employee leave the employ of the state or become employed by the state in a capacity which does not qualify him or her for membership in the state employees retirement system before he or she has completed ten (10) years of service as an employee under a program or as a member of the state employees retirement system, he or she shall have the right pursuant to § 36-10-8 to obtain a refund of his or her own contributions made under the state employees retirement system from the state retirement board without interest.
History of Section. P.L. 1967, ch. 152, § 3.
Where an employee has elected to participate in a program in accordance with the provisions of § 16-17.1-2(b), only the years of the employee’s service prior to making the election to participate under the program shall be considered as years of service for the purposes of computing the benefits available under the state employees retirement system pursuant to chapter 10 of title 36, provided that for the purpose of determining an employee’s service retirement allowance pursuant to § 36-10-10, average compensation shall be determined in accordance with § 16-17.1-1(1) notwithstanding anything contained in the general laws to the contrary.
History of Section. P.L. 1967, ch. 152, § 3; P.L. 1988, ch. 84, § 49.
An employee, notwithstanding the program he or she elects to participate in, shall not be required to retire at any age less than the maximum age as established in § 36-10-9(b).
History of Section. P.L. 1978, ch. 292, § 1; P.L. 1987, ch. 520, § 3.
The interstate compact with respect to pension portability for educators is enacted into law and entered into by this state with all states legally joining therein in the form substantially as follows:
Article I. Findings.
The parties to this compact find as follows:
(A) Interstate mobility of professional employees of public schools, colleges and universities serves the public interest by providing for a more flexible workforce that is better able to match jobs to employees, thereby helping to avoid shortages in particular geographic areas.
(B) Interstate mobility of professional employees of public schools and colleges and universities is impeded by the fact that, under the pension plans in which most of them participate, such employees who move from one state to another generally suffer a substantial forfeiture of earned pension benefits.
(C) An agreement among the states to provide increased pension portability for the professional employees of public schools; colleges and universities will reduce one of the major barriers to the interstate mobility of such employees.
Article II. Definitions.
As used in this compact, unless the context clearly indicates otherwise:
(A) A pension plan is “associated” with a state if the pension plan is maintained by the state or a political subdivision thereof;
(B) “Educator” means an individual who is employed as a teacher or in another professional position by a public school, college or university.
(C) “Eligible educator” means an educator who (1) accrues pensionable service in a pension plan associated with a state by reason of his or her employment by a public school, college or university in such state after this compact becomes effective; and (2) accrued at least one year of pensionable services in a pension plan associated with another state by reason of his or her employment by a public school, college, or university in such state;
(D) “Exporting plan” means a pension plan in which an eligible educator previously accrued, but is no longer accruing pensionable service, and from which the eligible educator has not received any pension benefits;
(E) “Importing plan” means the pension plan in which an eligible educator presently is accruing pensionable service;
(F) “Pensionable service” means a period of employment of an eligible education by a public school, college, or university which is included by a pension plan in calculating the pension benefits to which the eligible educator is entitled;
(G) “Pension plan” means a plan, program, system, fund, or other operation that provides pension benefits to educators;
(H) “State” means a state of the United States, the District of Columbia, or any territory or possession of the United States that is a party to this compact;
(I) “Stipulated rate” means:
(1) For an exporting plan, the average annual yield on pension plan assets, net of administrative costs, experienced by the pension plan during the period from the first day of the fiscal year to which the contribution in question applies through the end of the fiscal year immediately preceding the date on which the money is either transferred from the exporting plan to the importing plan, or paid to the eligible educator, as the case may be; and
(2) For an importing plan, the average annual yield on pension plan assets experienced by the pension plan during the period from the first day of the fiscal year to which the contribution would have applied through the end of the fiscal year immediately preceding the date on which the money is transferred from the exporting plan to the importing plan.
Article III. Procedures.
Each state that is a party to this compact shall establish and maintain procedures adequate to effectuate the transfer of money and pensionable service from an exporting plan to an importing plan in accordance with the following provisions:
(A) At the request of an eligible educator who has complied with the application procedures of the states with which the exporting plan and importing plan are associated, the exporting plan shall transfer to the importing plan an amount of money that is equal to the lesser of the following two (2) sums:
(1) The local contributions made to the exporting plan by or on behalf of the eligible educator, plus interest calculated at the stipulated rate for the exporting plan; or
(2) The total contributions that would have been made to the importing plan by or on behalf of the eligible educator if the eligible educator had been accruing pensionable service in the importing plan for the entire period during which he or she was accruing pensionable service in the exporting plan, assuming employment at the same salary, plus interest calculated at the stipulated rate for the importing plan.
(B) Upon receipt of the money transferred pursuant to Article III (A), the importing plan shall credit the eligible educator with pensionable service in the importing plan as follows:
(1) When the amount of money transferred is the sum calculated pursuant to Article III (A)(1), the importing plan shall, for purposes of vesting and date of eligibility to begin receiving pension benefits, credit the eligible educator with the amount of pensionable service that he or she accrued in the exporting plan. For purposes of the amount of the pension benefits to be received by the eligible educator, the importing plan shall credit the eligible educator with an amount of pensionable service calculated as follows:
(a) The amount of pensionable service that the eligible educator accrued in the exporting plan multiplied by
(b) A fraction, the numerator of which is the amount of money calculated under Article III (A)(1), plus any supplementary payments made pursuant to Article III (B)(2), and the denominator of which is the amount of money calculated under Article III (A)(2);
(2) When the amount of money transferred to the importing plan on behalf of an eligible educator is the sum calculated under Article III (A)(1), the eligible educator may elect to make supplementary payments to the importing plan up to the amount of the difference between the sum transferred and the sum calculated under Article III (A)(2). Such supplementary payments may be made by the eligible educator in conjunction with the transfer of money from the exporting plan to the importing plan, or at any time thereafter before the eligible educator receives any pension benefits from the importing plan, in such minimum amounts as may be required by the importing plan, provided that the monetary value of any supplementary payments made subsequent to the transfer of money from the exporting plan to the importing plan shall be adjusted, as determined by the actuary of the importing plan, to reflect the period elapsed between the date the money is transferred from the exporting plan and the date the supplementary payment is made;
(C) When the amount of money transferred from the exporting plan to the importing is the sum calculated pursuant to Article III (A)(2), any money remaining to the credit of the eligible educator in the exporting plan shall be retained in the exporting plan and used as follows:
(1) For transfer to another importing plan at the request of the eligible educator in accordance with the terms of this compact;
(2) To pay pension benefits to the eligible educator if he or she again becomes a participant in the exporting plan; or
(3) If not used for purpose (1) or (2) above, for payment to the eligible educator, plus interest calculated at the stipulated rate for the exporting plan, when notification has been received from the eligible educator that he or she has begun to receive pension benefits from the importing plan.
(D) There shall be no limit on the number of transfers of money and pensionable service that an eligible educator may take from an exporting plan to an importing plan under this compact. In the case of a subsequent transfer, money previously transferred to an importing plan from an exporting plan shall for purposes of such subsequent transfer be considered “contributions made to the exporting plan by or on behalf of the eligible educator” within the meaning of Article III (A)(1).
Article IV. Effective Date of Compact; Withdrawal from Compact.
(A) When two or more states enact statutes adopting this compact, it shall become effective in those states on the dates specified in such statutes. Any other state may thereafter become a party to this compact by enacting a statute adopting it, and the compact shall become effective in that state on the date specified in such statute.
(B) A party state may withdraw from this compact by repealing the statute adopting this compact, provided that no such withdrawal shall be effective until at least one (1) year after the governor of the withdrawing state has given written notice of the repeal of the statute adopting this compact to the governors of all other party states. The withdrawal of a party state shall not relieve any pension plan associated with such state of its obligation to pay to an eligible educator on whose behalf has been transferred under this compact prior to the effective date of such withdrawal the pension benefits to which he or she is entitled under this compact.
Article V. Other Arrangements Unaffected.
Nothing contained in this compact shall be construed to prevent or inhibit states that are parties to this compact from entering into other arrangements, not inconsistent with the terms of this compact, to effectuate the purpose set forth in Article I.
Article VI. Construction and Severability.
(A) This compact shall be liberally construed so as to effectuate the purpose set forth in Article I.
(B) If any provision of this compact, or application thereof, is held by a state or federal court to be invalid with respect to a particular party state, said holding shall not affect the validity of such provision, or application thereof, in any other party state. The provisions of this compact shall be severable, and, as to the party state subject to the court holding, this compact shall in all other respects remain in full force and effect. If the party states that are not subject to the court holding believe that the provision of this compact, or application thereof, that has been declared invalid is not severable, they may, by majority vote, require the party state that is subject to the court holding to withdraw from this compact, in which event the withdrawal shall be effective immediately upon such vote, provided that the withdrawal shall not relieve any pension plan associated with such party state of its obligation to pay to an eligible educator on whose behalf money has been or is in the process of being transferred under this compact prior to the effective date of such withdrawal the pension benefits to which he or she is entitled under this compact.
History of Section. P.L. 1989, ch. 546, § 1.
[Repealed]
History of Section. G.L. 1896, ch. 54, §§ 13-15; P.L. 1900, ch. 739, § 1; G.L. 1909, ch. 66, §§ 15-17; P.L. 1920, ch. 1870, § 1; G.L. 1909, ch. 66, §§ 18, 19; P.L. 1922, ch. 2234, § 11; G.L. 1923, ch. 70, §§ 12-16; G.L. 1938, ch. 178, §§ 12-16; P.L. 1948, ch. 2028, § 1; impl. am. P.L. 1951, ch. 2752, § 21; G.L. 1956, §§ 16-18-1 — 16-18-5; P.L. 1961, ch. 80, § 1; Repealed by P.L. 1978, ch. 85, § 1. Chapter 85 further provided in § 3 that the repeal did not preclude a local school district from conducting any school census.
(a) Every child who has completed, or will have completed, six (6) years of life on or before September 1 of any school year, or is enrolled in kindergarten, and has not completed eighteen (18) years of life, shall regularly attend some public day school during all the days and hours that the public schools are in session in the city or town in which the child resides. The public school shall be responsible for regular attendance data monitoring of all students and early identification of emergent truant behavior. Prior to referring truant students to family court, schools must do their due diligence to assure all interventions have taken place. This includes, and is not limited to:
(1) Consultation with the parent or guardian; and
(2) Coordination with the student’s school-identified support team such as the individualized education plan, behavioral support, or attendance teams.
Every person having under his or her control a child, as described in this section, shall cause the child to attend school as required by this section, and for every neglect of this duty, the person having control of the child shall be fined not exceeding fifty dollars ($50.00) for each day, or part of a day, that the child fails to attend school, and if the total of these days is more than thirty (30) school days during any school year, then the person shall, upon conviction, be imprisoned not exceeding six (6) months or shall be fined not more than five hundred dollars ($500), or both; provided, that if the person so charged shall prove that the child has attended, for the required period of time, a private day school approved by the commissioner of elementary and secondary education pursuant to § 16-60-6(10); or a course of at-home instruction approved by the school committee of the town where the child resides; or has been accepted into an accredited postsecondary education program; or has obtained a waiver under subsection (b); or that the physical or mental condition of the child was such as to render his or her attendance at school inexpedient or impracticable; or that the child was excluded from school by virtue of some other general law or regulation, then attendance shall not be obligatory nor shall the penalty be incurred.
(b) A waiver to the compulsory attendance requirement may be granted by the superintendent only upon proof that the pupil has an alternative learning plan for obtaining either a high school diploma or its equivalent.
(1) Alternative-learning plans shall include age-appropriate academic rigor and the flexibility to incorporate the pupil’s interests and manner of learning. These plans may include, but are not limited to, such components, or combination of components, of extended learning opportunities as independent study, private instruction, performing groups, internships, community service, apprenticeships, and online courses that are currently funded and available to the school department and/or the community. In developing these alternative-learning plans, consideration shall be given to the unique difficulties and interruptions that many students are experiencing because of the COVID-19 pandemic. Accordingly, these alternative-learning plans may incorporate alternatives and extended breaks in study that would not be considered preferable under non-pandemic circumstances.
(2) Alternative-learning plans shall be developed, and amended if necessary, in consultation with the pupil, a school guidance counselor, the school principal, and at least one parent or guardian of the pupil, and submitted to the superintendent for approval. An alternative-learning plan may, but is not required to, incorporate an extended withdrawal as set forth in this section.
(3)(i) If the superintendent does not approve the alternative-learning plan, the parent or guardian of the pupil may appeal such decision to the school committee. A parent or guardian may appeal the decision of the school committee to the commissioner of education pursuant to chapter 39 of this title (hereinafter collectively referred to as the “reviewing body”).
(ii) In making decisions regarding the approval of an alternative-learning plan, consideration shall be given to the unique difficulties and interruptions that many students are experiencing because of the COVID-19 pandemic. Accordingly, alternative-learning plans may be approved that may incorporate alternatives and extended breaks in study that would not be considered preferable under non-pandemic circumstances. The provisions of this section shall not require the approval of an alternative-learning plan that the reviewing body determines is not in the best interests of the child.
(iii) In addition, this section authorizes the granting of an extended withdrawal from school. An extended withdrawal from school is a withdrawal that may be authorized that is not intended to be a permanent withdrawal but that is extended because of unique difficulties and interruptions that many students are experiencing because of the COVID-19 pandemic. A student in an extended withdrawal shall still be considered to be enrolled in school and will not need to be re-enrolled for purposes of returning to the student’s regular classes. An extended withdrawal may authorize a student to be excused from taking any classes during the withdrawal period or to undertake a reduced number of classes than the student would otherwise take as an enrolled student. An extended withdrawal shall include provisions to periodically monitor and check-in on the status of the student and the student’s ability to return to the public school learning environment. An extended withdrawal pursuant to this subsection may be granted to any student, regardless of age.
(c) Nothing in this section shall be deemed to limit or otherwise interfere with the rights of teachers and other school employees to collectively bargain pursuant to chapters 9.3 and 9.4 of title 28 or to allow any school committee to abrogate any agreement reached by collective bargaining.
(d) No school shall use a student’s truancy or absenteeism as the sole basis for using an out-of-school suspension as a disciplinary action.
History of Section. G.L. 1896, ch. 64, § 1; P.L. 1902, ch. 1009, § 1; G.L. 1909, ch. 72, § 1; P.L. 1917, ch. 1492, § 1; P.L. 1922, ch. 2234, § 14; G.L. 1923, ch. 76, § 1; P.L. 1923, ch. 482, § 1; P.L. 1925, ch. 678, § 3; P.L. 1926, ch. 812, § 1; P.L. 1936, ch. 2360, § 1; P.L. 1937, ch. 2505, § 1; G.L. 1938, ch. 181, § 1; G.L. 1956, § 16-19-1; P.L. 1984, ch. 345, § 1; P.L. 1988, ch. 642, § 4; P.L. 1989, ch. 251, § 1; P.L. 1995, ch. 60, § 1; P.L. 2002, ch. 233, § 1; P.L. 2002, ch. 255, § 1; P.L. 2003, ch. 394, § 1; P.L. 2007, ch. 226, § 2; P.L. 2011, ch. 338, § 1; P.L. 2011, ch. 376, § 1; P.L. 2012, ch. 111, § 1; P.L. 2012, ch. 125, § 1; P.L. 2016, ch. 467, § 2; P.L. 2016, ch. 471, § 2; P.L. 2022, ch. 368, § 1, effective June 29, 2022; P.L. 2022, ch. 369, § 1, effective June 29, 2022; P.L. 2022, ch. 389, § 1, effective June 30, 2022; P.L. 2022, ch. 390, § 1, effective June 30, 2022.
(a) The Coventry and Woonsocket school departments or school committees may accept any and all donations, gifts and grants of money, equipment, supplies, materials and services, conditional or otherwise, from any state, the federal government, or any governmental entity or agency; or from any person, firm, association, foundation or corporation, and shall receive, utilize and dispose of the same pursuant to the express terms or conditions stipulated by such donation, gift or grant.
(b) Any amounts so received shall be deposited with the city/town treasurer and shall be held as a separate account and may be expended by such school department or school committee receiving the grant, gift or donations without further appropriation.
(c) If the express terms or conditions of the donation, gift or grant so stipulate, interest on the donated, gifted or granted funds may remain with and become a part of the donation, gift or grant account and may be expended as part of the donation, gift or grant by the school department or school committee receiving the donation, gift or grant without further appropriation.
History of Section. P.L. 2007, ch. 317, § 1; P.L. 2007, ch. 434, § 1; P.L. 2008, ch. 343, § 1; P.L. 2008, ch. 440, § 1.
For the purposes of this chapter a private school or at-home instruction shall be approved only when it complies with the following requirements: (1) that the period of attendance of the pupils in the school or in the home instruction is substantially equal to that required by law in public schools; (2) that registers are kept and returned to the school committee, the superintendent of schools, truant officers, and the department of elementary and secondary education in relation to the attendance of pupils, and are made the same as registers kept by the public schools; (3) that reading, writing, geography, arithmetic, the history of the United States, the history of Rhode Island, and the principles of American government shall be taught in the English language substantially to the same extent as these subjects are required to be taught in the public schools, and that the teaching of the English language and of other subjects indicated in this section shall be thorough and efficient; provided, however, that nothing contained in this section shall be construed or operate to deny the right to teach in private schools or in at-home instruction any of the subjects or any other subject in any other language in addition to the teaching in English as prescribed in this section; provided, further, that any interested person resident in any city or town aggrieved by the action of the school committee of the city or town either in approving or refusing to approve at-home instruction may appeal the action to the department of elementary and secondary education. The department of elementary and secondary education, after notice to the parties interested of the time and place of a hearing, shall examine and decide the appeal without cost to the parties. The commissioner of elementary and secondary education shall also grant a hearing to any party aggrieved by a refusal to approve a private school pursuant to § 16-60-6(10). The decision of the board of regents for elementary and secondary education shall, if an appeal is made to the board, be final.
History of Section. G.L. 1923, ch. 76, § 8; P.L. 1925, ch. 678, § 4; G.L. 1938, ch. 181, § 8; G.L. 1956, § 16-19-2; P.L. 1984, ch. 345, § 1.
The school committee of each city or town shall annually in the month of December appoint one or more persons as truant officers, who shall by virtue of their appointment be clothed with the power of special constables, and fix their compensation, which shall be payable from the appropriation for public schools. The school committee may also furnish all necessary supplies and clerical assistance for the proper and efficient performance of the duties of the truant officer. The school committee of two (2) or more cities or towns may appoint the same truant officer or officers, and any school committee that appoints other employees on a different tenure of office than annual appointments may appoint truant officers on a similar tenure in lieu of the annual appointment mentioned in this section and may fix their compensation from time to time.
History of Section. G.L. 1896, ch. 64, § 3; P.L. 1901, ch. 924, § 1; P.L. 1902, ch. 1009, § 1; G.L. 1909, ch. 72, § 3; G.L. 1923, ch. 76, § 2; G.L. 1938, ch. 181, § 2; impl. am. P.L. 1946, ch. 1775, § 2; G.L. 1956, § 16-19-3.
The truant officers shall, under the direction of the school committee, inquire into all cases arising under the provisions of this chapter, and shall be authorized, with the assistance of police officers upon request in case of violation of any of the provisions of this chapter, to make complaint for violations of this chapter. They may also serve all legal processes issued in pursuance of this chapter, but shall not be entitled to receive any fees for the service; provided, however, that in case of the commitment of any person under the provisions of any section of this chapter, or for default of payment of any fine and costs imposed, the officer shall be entitled to the regular fees allowed by law for similar service.
History of Section. G.L. 1896, ch. 64, § 3; P.L. 1901, ch. 924, § 1; P.L. 1902, ch. 1009, § 1; G.L. 1909, ch. 72, § 3; G.L. 1923, ch. 76, § 2; G.L. 1938, ch. 181, § 2; G.L. 1956, § 16-19-4; P.L. 1996, ch. 347, § 1.
Truant officers and industrial inspectors may visit any places or establishments where minor children are employed to ascertain whether the provisions of this chapter are duly complied with, and may as often as twice in every year demand from all employers of minor children a report containing the names of all children who have not completed sixteen (16) years of life that are employed by them, the report to give the names, ages, and residences of all these children; and all employers of children under sixteen (16) years of age shall produce for the inspection of truant officers and industrial inspectors the permits to work prescribed by chapter 3 of title 28; and for any refusal to make reports provided for in this section, or for any refusal to produce the permits to work provided for in this section, any employer of children shall be fined not exceeding ten dollars ($10.00).
History of Section. G.L. 1896, ch. 64, §§ 7-9; P.L. 1902, ch. 1009, § 1; G.L. 1909, ch. 72, § 4; G.L. 1923, ch. 76, § 3; P.L. 1936, ch. 2360, § 2; G.L. 1938, ch. 181, § 3; G.L. 1956, § 16-19-5.
Every habitual truant, that is, every child who is required under § 16-19-1 to attend school and who willfully and habitually absents himself or herself from attending school; and every habitual school offender, that is, every child who is required to attend school under the provision of § 16-19-1, but who persistently violates the rules and regulations of the school which he or she attends, or otherwise persistently misbehaves in the school which he or she attends, so as to render him or herself a fit subject for exclusion; shall be deemed a wayward child as provided in chapter 1 of title 14, and shall be subject to all the provisions of chapter 1 of title 14, and may be proceeded against and dealt with as a wayward child in accordance with the provisions of chapter 1 of title 14.
History of Section. G.L. 1896, ch. 64, §§ 8, 12, 13; P.L. 1902, ch. 1009, § 1; G.L. 1909, ch. 72, § 5; P.L. 1922, ch. 2210, § 1; G.L. 1923, ch. 76, § 4; P.L. 1923, ch. 449, § 1; P.L. 1926, ch. 840, § 1; G.L. 1938, ch. 181, § 4; G.L. 1956, § 16-19-6.
All fines under the provisions of §§ 16-19-1 and 16-19-5 shall inure and be applied to the support of the public schools in the city or town where the offense was committed.
History of Section. G.L. 1896, ch. 64, §§ 9, 15; P.L. 1902, ch. 1009, § 1; G.L. 1909, ch. 72, § 6; G.L. 1923, ch. 76, § 5; P.L. 1926, ch. 840, § 2; G.L. 1938, ch. 181, § 5; G.L. 1956, § 16-19-7.
(a) Jurisdiction of cases arising under § 16-19-1 may reside with juvenile hearing boards in those cities and towns that so desire to hear these cases and which have established juvenile hearing boards. Any municipal juvenile hearing board established pursuant to this section shall, prior to hearing any compulsory attendance cases, inform the chief judge of the family court, in writing, of its establishment and plan to hear compulsory attendance cases. In all other cases arising under § 16-19-1 jurisdiction shall be with the family court. The town of North Providence shall have the authority to establish a juvenile hearing board pursuant to this section.
(b) The family court shall also have authority to issue equitable orders, enforceable through contempt of court proceedings, needed to enforce § 16-19-1. As an alternative to the procedure set out in § 16-19-1, the school committee may file a civil complaint seeking injunctive relief in truancy cases. If the family court rules in favor of the school committee the court may issue an injunction, enforceable through contempt of court proceedings, requiring compliance with the compulsory attendance law. Neither prior resort to enforcement proceedings under § 16-19-1 nor a showing of irreparable injury shall be prerequisite to injunctive relief under this section.
History of Section. G.L. 1896, ch. 64, §§ 10, 16; P.L. 1902, ch. 1009, § 1; G.L. 1909, ch. 72, § 7; G.L. 1923, ch. 76, § 6; G.L. 1938, ch. 181, § 6; impl. am. P.L. 1944, ch. 1441, § 14; G.L. 1956, § 16-19-8; P.L. 1969, ch. 239, § 31; P.L. 1984, ch. 345, § 1; P.L. 1996, ch. 272, § 1; P.L. 2009, ch. 281, § 1.
No officer complaining under any of the provisions of this chapter shall be required to give surety for costs; and the officer shall not in any way become liable for any costs that may accrue on the complaint.
History of Section. G.L. 1896, ch. 64, §§ 11, 17; P.L. 1902, ch. 1009, § 1; G.L. 1909, ch. 72, § 8; G.L. 1923, ch. 76, § 7; G.L. 1938, ch. 181, § 7; G.L. 1956, § 16-19-9.
(a) Whenever any pupil in grades kindergarten through nine (9) fails to report to school on a regularly scheduled school day and no indication has been received by school personnel that the pupil’s parent or guardian is aware of the pupil’s absence, a reasonable effort to notify, by telephone, the parent or guardian shall be made by school personnel or volunteers organized by the school committee of each city, town, or regional school district or the director or other person in charge of private schools of elementary and secondary grades.
(b) School committees, school personnel, or volunteers organized pursuant to this section shall be immune from any civil or criminal liability in connection with the notice to parents of a pupil’s absence or failure to give the notice required by this section.
History of Section. P.L. 1987, ch. 428, § 1.
The first day of January (as New Year’s Day), the third Monday of January (as Martin Luther King, Jr. Day), the twenty-second day of February (as Washington’s Birthday), the thirtieth day of May (as Memorial Day), the fourth day of July (as Independence Day), the twelfth day of October (as Columbus Day), the eleventh day of November (as Veterans Day), the twenty-fifth day of December (as Christmas Day), and each of these days in every year, or when any of the days falls on a Sunday, then the day following it, the first Monday of September (as Labor Day), and any other days that the governor or general assembly of this state or the president or the congress of the United States shall appoint as holidays for any purpose, days of thanksgiving, or days of solemn fast, shall be school holidays and no session of any school, except as provided in this section, in this state shall be held on any one of these days. Independent schools shall not be required to observe as a holiday the third Monday of January (Martin Luther King, Jr. Day).
History of Section. P.L. 1914, ch. 1071, § 1; G.L. 1923, ch. 75, § 1; G.L. 1938, ch. 191, § 1; P.L. 1942, ch. 1223, § 1; G.L. 1956, § 16-20-1; P.L. 1980, ch. 270, § 1; P.L. 2001, ch. 86, § 38.
In addition to the holidays in § 16-20-1, the governor may proclaim school holidays for the purpose of using the school premises and/or personnel in whole or in part for the state and/or federal administration in connection with a war effort, and the days so proclaimed may on specific recommendation of the governor be deducted by the authorities of the several cities and towns from the gross number of school days required by law.
History of Section. G.L. 1938, ch. 191, § 1; P.L. 1942, ch. 1223, § 1; G.L. 1956, § 16-20-2.
The twelfth day of February (as Grand Army Flag Day, in honor of the birthday of Abraham Lincoln), the last Friday in April (as Arbor Day), the fourth day of May (as Rhode Island Independence Day), the thirteenth day of September (as Commodore John Barry Day), and each of these days in every year, or when any of these days shall fall on Saturday then the day preceding, or on Sunday then the day following, shall be especially observed with appropriate exercises in all the schools of this state; and it shall be the duty of teachers and school officers to make suitable provisions for the proper observance of these days.
History of Section. P.L. 1914, ch. 1071, § 2; G.L. 1923, ch. 75, § 2; P.L. 1936, ch. 2282, § 2; G.L. 1938, ch. 191, § 2; P.L. 1945, ch. 1535, § 1; P.L. 1950, ch. 2453, § 1; G.L. 1956, § 16-20-3.
It shall be the duty of the teachers of the public schools to prepare a program of patriotic exercises for the proper observance of Grand Army Flag Day. The department of elementary and secondary education shall prepare for the use of the schools a printed program providing for a uniform salute to the flag, to be used daily during the session of the school. The salute to the flag shall be as follows: “I pledge allegiance to the flag of the United States of America and to the republic for which it stands, one nation, under God, indivisible, with liberty and justice for all”.
History of Section. P.L. 1901, ch. 818 § 4; G.L. 1909, ch. 64, § 7; G.L. 1923, ch. 66, § 12; P.L. 1932, ch. 1927, § 1; G.L. 1938, ch. 20, § 1; P.L. 1939, ch. 689, § 1; impl. am. P.L. 1951, ch. 2752, § 1; G.L. 1956, § 16-20-4.
(a) The school committee of any town or city shall provide suitable transportation, that may include, but is not limited to, pupil transportation vehicles as defined in § 31-22.1-1, to and from school for pupils attending public and private schools of elementary and high school grades, except private schools that are operated for profit, who reside so far from the public or private school that the pupil attends as to make the pupil’s regular attendance at school impractical and for any pupil whose regular attendance would otherwise be impracticable on account of physical disability or infirmity.
(1) The school committee of any town or city using a pupil transportation vehicle as defined in § 31-22.1-1 shall comply with the requirements of subsection (b) of this section, notwithstanding the provisions of § 31-22.1-3(6).
(b) For transportation provided to children enrolled in grades kindergarten through five (5), school bus monitors, other than the school bus driver, shall be required on all school-bound and home-bound routes. Variances to the requirement for a school bus monitor may be granted by the commissioner of elementary and secondary education if he or she finds that an alternative plan provides substantially equivalent safety for children. For the purposes of this section a “school bus monitor” means any person sixteen (16) years of age or older.
(c) No school committee shall negotiate, extend, or renew any transportation contract unless such contract enables the district to participate in the statewide transportation system, without penalty to the district, upon implementation of the statewide transportation system described in §§ 16-21.1-7 [repealed] and 16-21.1-8. Notice of the implementation of the statewide transportation system for in-district transportation shall be provided in writing by the department of elementary and secondary education to the superintendent of each district upon implementation. Upon implementation of the statewide system of transportation for all students, each school committee shall purchase transportation services for its own resident students by accessing the statewide system on a fee-for-service basis for each student; provided, however, that any school committee that fulfills its transportation obligations primarily through the use of district-owned buses or district employees may continue to do so. Variances to the requirement for the purchase of transportation services through the statewide transportation system for non-public and non-shared routes may be granted by the commissioner of elementary and secondary education if the commissioner finds that an alternative system is more cost effective. All fees paid for transportation services provided to students under the statewide system shall be paid into a statewide student transportation services restricted receipt account within the department of elementary and secondary education. Payments from the account shall be limited to payments to the transportation service provider and transportation system consultants. This restricted receipt account shall not be subject to the indirect cost recoveries provisions set forth in § 35-4-27.
(d) No school committee shall negotiate, extend, or renew any school transportation service contract unless the contract provides for payments to school bus drivers, attendants, monitors, and aides for one hundred and eighty (180) days or the length of the contracted-for school year, whichever is longer.
(e) With respect to any contract entered into under this section, a school committee or local education agency shall give a preference in contract and/or subcontract awards to the public transportation provider that uses electric buses to the greatest extent. This preference shall be given equal weight to any other preferences available to vendors.
(f) With respect to any contract entered into under this section, no school committee or local education agency (“LEA”) shall take any adverse disciplinary action against any school bus driver, attendant, monitor, or aide covered by a collective bargaining agreement prior to any investigation or action taken by the contracting entity as provided for in the collective bargaining agreement. Nor shall the school committee or LEA impose discipline in excess of what is provided for in the governing collective bargaining agreement.
History of Section. G.L. 1923, ch. 70, § 31; P.L. 1925, ch. 587, § 1; P.L. 1937, ch. 2506, § 1; G.L. 1938, ch. 178, § 30; G.L. 1956, § 16-21-1; P.L. 1971, ch. 270, § 1; P.L. 1986, ch. 526, § 1; P.L. 2009, ch. 5, art. 12, § 1; P.L. 2010, ch. 23, art. 8, § 2; P.L. 2017, ch. 479, § 1; P.L. 2021, ch. 292, § 1, effective July 9, 2021; P.L. 2021, ch. 293, § 1, effective July 9, 2021.
(a) The school committee of any city or town or regional school district in this state may maintain a registry of any students who will require busing during the school year.
(b) The students’ parents may register the names and addresses of students with the school district at the start of each school year.
(c) The school district of each city or town or regional school district may use the information in the registry to more cost-efficiently provide transportation to its pupils who it is responsible for transporting to school.
History of Section. P.L. 2016, ch. 461, § 1; P.L. 2016, ch. 462, § 1.
[Repealed]
History of Section. This section (G.L. 1923, ch. 70, § 31½; P.L. 1937, ch. 2506, § 2; G.L. 1938, ch. 178, § 31; G.L. 1956, § 16-21-2; P.L. 1971, ch. 270, § 1; P.L. 1976, ch. 187, § 1), which was declared unconstitutional by the federal district court, Members of Jamestown School Comm. v. Schmidt, 427 F. Supp. 1338 (D.R.I. 1977), is considered repealed by § 16-21.1-6. For present provisions, see §§ 16-21.1-1 — 16-21.1-5.
(a) The state building codes standards committee, the state fire marshal, the state health department, and the department of labor and training — division of occupational health and safety shall determine whether the school buildings in the several cities and towns or on state property conform to appropriate state law and regulation. Further, it shall be the responsibility of each local fire chief, local building inspector, the director of the state department of health, and the director of the state department of labor and training to determine and notify each local school superintendent or private school official by August 1 of each year as to whether the public and private nursery and elementary and secondary school buildings conform to appropriate state law and regulation. In the case of those schools on state property, it shall be the responsibility of the state building commissioner, the state fire marshal, the director of the department of health, and the department of labor and training to notify the department director responsible for the operation of the school as to whether these schools conform to appropriate state law and regulation.
(b) The state building code standards committee shall establish building code standards necessary for the implementation of this section.
History of Section. P.L. 1911, ch. 725, § 3; G.L. 1923, ch. 78, § 3; G.L. 1938, ch. 182, § 3; impl. am. P.L. 1951, ch. 2752, § 21; G.L. 1956, § 16-21-3; P.L. 1986, ch. 337, §§ 2, 3.
(a) It shall be the duty of the superintendent of schools, private school official, or in the case of state operated schools, the responsibility of the director of the state operated school, to ensure that schools are not opened until notification is received from the aforementioned agencies that the schools are in compliance with their respective codes.
(b) Neglect by any superintendent, private school official, or the director of any state operated school to comply with the provisions of this section shall be a misdemeanor punishable by a fine of not exceeding five hundred dollars ($500).
History of Section. P.L. 1986, ch. 337, § 3; P.L. 2021, ch. 395, § 4, effective July 14, 2021.
(a)(1) It shall be the duty of the principal or other person in charge of every public school or private school, college, university, or postsecondary institutions or educational institution within the state, having more than twenty-five (25) pupils, to instruct and train the pupils by means of drills, so that they may in a sudden emergency be able to leave school buildings and dormitories in the shortest possible time and without confusion or panic.
(2) Notwithstanding other provisions of this section, in all schools or buildings used for educational purposes through the twelfth grade by six (6) or more persons for four (4) or more hours per day or more than twelve (12) hours per week, there shall be not less than one emergency egress drill conducted every month the facility is in session with all occupants of the building participating in said drill. One additional emergency egress drill shall be conducted in buildings that are not open on a year-round basis within the first (1st) thirty (30) days of operation. At least one out of every four (4) emergency egress drills or rapid dismissals shall be obstructed by means of which at least one or more exits and stairways in the school building are blocked off or not used. In addition, there shall be two (2) lockdown drills. Lockdown drills shall be designed and conducted for use to protect school building occupants from potential dangers in the building, and one shall be held in September and one in January, and in conjunction with the local police whenever possible.
(3) An administrator may, in the administrator’s discretion, replace one fire drill with an evacuation drill to incorporate emergency procedures for responding to explosive hazard(s) in the school such as a bomb threat or gas leak, which hazard necessitates moving the students farther from the school than the students would do for a fire drill.
(b)(1) In colleges, universities, postsecondary institutions, and residence facilities in public schools or private schools there shall be at least four (4) drills or rapid dismissals during the academic year for each school building or residence facility, at least two (2) of which shall be held between the months of September through December. The remaining two (2) drills shall be held between the months of January through June. Any college, university, or postsecondary institution that holds a summer session shall hold a drill or rapid dismissal during the first full week of the summer session.
(2) At least one drill or rapid dismissal shall be obstructed so that at least one or more exits or stairways in the school building or dormitory are blocked off or not used.
(c) For purposes of this section “residence facility” means a dormitory, fraternity, sorority, or any other type of residence hall, whether on campus or off campus, owned or leased by a college, university, postsecondary institutions, public schools, or private school with accommodations for twenty (20) or more students.
(d) Notwithstanding other provisions of this section, fire drills shall be required in colleges or universities only for buildings which are used for a residence facility.
(e) Neglect by any principal or any person in charge of any public or private school or educational institution to comply with the provisions of this section shall be a misdemeanor punishable by a fine not exceeding five hundred dollars ($500).
(f) Written reports, on forms supplied by the department of elementary and secondary education, of each fire drill shall be completed immediately upon termination of every drill and shall be available for review by the fire marshal, assistant deputy fire marshal, or local fire authority. The fire marshal, assistant deputy fire marshal, or local fire authority may require that a fire drill be conducted in his or her presence.
(g) Lockdown drills may be announced in advance at the discretion of the school administrator.
(h) Emergency drills shall be age appropriate and developmentally appropriate and shall include and involve all school personnel, including school-based mental health professionals as well as substitute teachers. School officials shall work towards and implement, wherever possible, trauma-informed practices into emergency drills to address the concerns and well-being of students and school personnel. As used herein, the term “emergency drills” has the same meaning as in chapter 21.8 of this title (“school emergency drills act”).
History of Section. G.L. 1909, ch. 68, §§ 9, 10; P.L. 1912, ch. 797, § 1; G.L. 1923, ch. 71, §§ 9, 10; G.L. 1938, ch. 180, §§ 9, 10; G.L. 1956, § 16-21-4; P.L. 1959, ch. 132, § 1; P.L. 1978, ch. 215, § 1; P.L. 2007, ch. 234, § 1; P.L. 2013, ch. 337, § 1; P.L. 2013, ch. 439, § 1; P.L. 2024, ch. 174, § 2, effective July 1, 2024; P.L. 2024, ch. 175, § 2, effective July 1, 2024.
(a) It shall be the duty of the department of elementary and secondary education or the office of higher education, as appropriate, to formulate a uniform fire code or drill tactics to be used in all schools in accordance with § 16-21-4 and to furnish a sufficient number of copies for use in all schools together with forms for reporting to the fire department of the city or town in which the schools are located and to the department or office. These forms shall be furnished by the department or office to all schools and shall be substantially as follows:
State of Rhode Island
Name of school .........................................
Principal or person in charge .........................................
Date drill is held ............ day of week ............ time alarm sounded............ a.m. p.m.
Time taken to empty building .......... minutes ............ seconds
Total time elapsed before school work is resumed ............ minutes ............ seconds
Type of drill ...... check one ...... obstructed ......... unobstructed .........
Signal used .........................................
Number of fire alarm button or station used .........................................
Name of person sounding alarm .........................................
Weather conditions .........................................
Temperature .........................................
Remarks .........................................
(b) In the case of colleges, universities, and postsecondary institutions, these reports shall remain on the premises available for review by fire officials.
History of Section. G.L. 1909, ch. 68, § 11; P.L. 1912, ch. 797, § 1; G.L. 1923, ch. 71, § 11; G.L. 1938, ch. 180, § 11; impl. am. P.L. 1951, ch. 2752, § 21; G.L. 1956, § 16-21-5; P.L. 1959, ch. 132, § 1; P.L. 1978, ch. 215, § 1.
Effective January 1, 2019, all school buildings where students are in attendance for any portion of the day shall be required to have carbon monoxide detectors installed and maintained therein, in accordance with the applicable provisions of the National Fire Protection Association (“NFPA”) Code and the state fire safety code (“state code”), chapter 28.1 of title 23. The fire safety code board of appeal and review (the “board”) established pursuant to chapter 28.3 of title 23 shall have authority to promulgate rules and regulations necessary to enforce the provisions of this section. Provided, in the event the state fire marshal determines that neither the NFPA code nor the state code have provisions in place to govern the installation, then the state fire marshal may use the provisions of NFPA Code 1/NFPA 101, 2015 editions, NFPA Code 720, 2012 edition, the state fire code, and any additional requirements provided under those codes for licensed nursery or daycare services, as guidance in the installation of carbon monoxide detectors in schools, until such time as the board promulgates applicable rules and regulations.
History of Section. P.L. 2018, ch. 117, § 1; P.L. 2018, ch. 202, § 1.
[Repealed]
History of Section. G.L. 1909, ch. 68, § 12; P.L. 1912, ch. 797, § 1; G.L. 1923, ch. 71, § 12; G.L. 1938, ch. 180, § 12; G.L. 1956, § 16-21-6; Repealed by P.L. 1978, ch. 215, § 1.
(a) All schools that are approved for the purpose of §§ 16-19-1 and 16-19-2 shall have a school health program that shall be approved by the state director of the department of health and the commissioner of elementary and secondary education or the commissioner of higher education, as appropriate. The program shall provide for the organized direction and supervision of a healthful school environment, health education, and services. The program shall include and provide for the administration of nursing care by certified nurse teachers, as defined in § 16-21-8, as shall be requested, in writing, by the attending physician of any student and authorized, in writing, by the parent or legal guardian of the student. No instruction in the characteristics, symptoms, and the treatment of disease shall be given to any child whose parent or guardian shall present a written statement signed by them stating that the instructions should not be given the child because of religious beliefs.
(b) [Deleted by P.L. 2016, ch. 529, § 1.]
(c)(1) All Rhode Island elementary, middle, and high schools that sell or distribute competitive foods and beverages on the school campus during the school day shall be required to offer only healthy foods and beverages as set forth by the United States Department of Agriculture under the Healthy, Hunger-Free Kids Act of 2010, Pub. L. No. 111-296, 42 U.S.C. § 1758 et seq., and federal regulations implementing the act promulgated pursuant to the provisions of 42 U.S.C. § 1779(b). Provided, the Rhode Island board of education or local school committees may adopt more restrictive policies than the ones referenced herein.
(2) Notwithstanding any provisions of §§ 16-8-9, 16-8-10, 16-8-10.1, or of this section to the contrary, for the period commencing August 30, 2024, through to and including August 29, 2026, the board of education shall waive any requirements on all Rhode Island elementary, middle, and high schools that on a weekly basis, at least one-half (½) of the grain servings in United States Department of Agriculture (USDA) meals must be one hundred percent (100%) whole grain and that the remaining grain servings must be whole grain rich, in order to be deemed reimbursable meals pursuant to federal law including, but not limited to, 7 C.F.R. § 210.10 and 7 C.F.R. § 220.8, and any amendments thereto.
(3) On or before September 1, 2026, the chief administrator of every Rhode Island elementary, middle, and high school shall report to the commissioner, the total number of meals served that were reimbursable pursuant to the provisions of the National School Lunch Act (42 U.S.C. § 1751 et seq.) and the Child Nutrition Act of 1966 (42 U.S.C. § 1771 et seq.), and the total number of meals served that were non-reimbursable pursuant to the provisions of subsection (c)(2) of this section for the period of August 30, 2024, until August 29, 2026. The commissioner shall submit a copy of all the received reports to the governor, senate president, and speaker of the house on or before September 15, 2026.
(d) Schools may permit the sale of beverages and snacks that do not comply with subsection (c) as part of school fundraising in any of the following circumstances:
(1) The sale of those items takes place off and away from the school campus.
(2) The sale of those items takes place after the end of the school day as defined in subsection (g).
(3) Career and technical schools with culinary arts or food-service programs may request an exemption from the department of elementary and secondary education to enable the limited sale of noncompliant snacks and beverages that have been prepared by culinary students as part of their curriculum. No specially exempted fundraiser foods or beverages may be sold in competition with school meals during the meal service.
(e) The department of elementary and secondary education shall post on its website resources to assist school districts with implementation of this section.
(f) The department of elementary and secondary education shall develop a process to monitor compliance with this section.
(g) Definitions. As used in this section:
(1) “Competitive foods” means all foods and beverages, other than meals reimbursed under the Richard B. Russell National School Lunch Act (42 U.S.C. § 1751 et seq.) and the Child Nutrition Act of 1966 (42 U.S.C. § 1771 et seq.), available for sale to students on the school campus during the school day.
(2) “School campus” means all areas of the property under the jurisdiction of the school that are accessible to students during the school day.
(3) “School day” means the period from midnight before, to sixty (60) minutes after, the end of the official school day.
(h) The standards set forth and referenced in this section shall apply throughout the entire school campus, including, but not limited to, a la carte food sale, school stores, vending machines, and fundraisers held during the school day.
History of Section. G.L. 1938, ch. 182, § 10; P.L. 1949, ch. 2341, § 1; impl. am. P.L. 1951, ch. 2752, § 21; G.L. 1956, § 16-21-7; P.L. 1961, ch. 133, § 2; P.L. 1977, ch. 271, § 1; P.L. 2006, ch. 231, § 2; P.L. 2006, ch. 234, § 2; P.L. 2007, ch. 80, § 1; P.L. 2007, ch. 92, § 1; P.L. 2016, ch. 529, § 1; P.L. 2021, ch. 351, § 3, effective July 12, 2021; P.L. 2021, ch. 352, § 3, effective July 12, 2021; P.L. 2024, ch. 431, § 1, effective June 29, 2024; P.L. 2024, ch. 432, § 1, effective June 29, 2024.
(a) Except as provided in subsection (b) of this section, a school district shall prohibit at any school within the district:
(1) The advertising of any food or beverage that may not be sold on the school campus during the school day. For purposes of this section, food and beverages that may not be sold on the school campus during the school day are those that do not meet the minimum nutrition standards as set forth by the United States Department of Agriculture under the Healthy, Hunger-Free Kids Act of 2010 (Pub. L. No. 111-296) federal regulations implementing the Act [42 U.S.C. § 1779(b)], and as set forth by the Rhode Island board of education and local school committees. Advertising is prohibited on any property or facility owned or leased by the school district or school and used at any time for school-related activities, including, but not limited to, school buildings, athletic fields, facilities, signs, scoreboards, parking lots, school buses or other vehicles, equipment, vending machines, uniforms, educational materials, or supplies; and
(2) The participation in a corporate incentive program that rewards children with free or discounted foods or beverages that may not be sold on the school campus during the school day when they reach certain academic goals.
(b) Exceptions. The restriction on advertising in subsection (a) shall not apply to:
(1) Advertising on broadcast, digital, or print media, unless the media are produced or controlled by the local education agency, school, faculty, or its students;
(2) Advertising on clothing with brand images worn on school grounds;
(3) Advertising contained on product packaging; or
(4) Advertising on a food truck that sells foods and beverages on school property, after the end of the school day, as defined in § 16-21-7.
(c) Implementation. The restriction on advertising in subsection (a) shall take effect on September 1, 2018, with the following limited exceptions:
(1) For advertising that occurs pursuant to a contract or lease, the restrictions in subsection (a) apply to advertising that occurs pursuant to a contract or lease that was entered into or renewed on or after the effective date [June 4, 2018] of this section; and
(2) Nothing in this section requires the removal, from a permanent fixture, of advertising that does not comply with the restrictions in subsection (a), until the permanent fixture is removed or replaced, provided the advertising or display is a permanent feature of the permanent fixture.
(d) Definitions. As used in this section, the following words shall have the following meanings:
(1) “Advertising” means an oral, written, or graphic statement or representation, including a company logo or trademark, made for the purpose of promoting the use or sale of a product by its producer, manufacturer, distributer, seller, or any other entity with a commercial interest in the product.
(2) “Brand” means a corporate or product name, a business image, or a mark, regardless of whether it legally qualifies as a trademark used by a seller or manufacturer to identify their goods or services and to distinguish them from competitors’ goods.
History of Section. P.L. 2018, ch. 15, § 1; P.L. 2018, ch. 22, § 1.
(a) Except as provided in subsection (b) of this section, each school system shall employ certified nurse-teacher personnel certified by the state department of elementary and secondary education; provided, however, that this section shall not apply to those school districts that are currently allowed to share certified nurse-teacher personnel by the department of elementary and secondary education. The school health program as defined in § 16-21-7 shall only be staffed by certified nurse-teacher personnel.
(b) Any person who, as of August 1, 2021, is employed in a Rhode Island school district pursuant to an all grades registered school nurse certificate, but who does not meet the requirements of subsection (a) of this section, shall be deemed grandfathered into that school district and may continue to be employed pursuant to that all grades registered school nurse certificate within that same school district. If a person so employed seeks employment in another Rhode Island school district as a school nurse-teacher after August 1, 2021, that person shall be subject to the provisions of subsection (a) of this section.
(c) Each elementary or secondary school with a school-based health center on site shall employ or have on staff certified nurse-teacher personnel certified by the state department of elementary and secondary education to be on site and/or available for consultation, at a minimum, during the school-based health center hours of operation.
History of Section. P.L. 1976, ch. 116, § 1; P.L. 1977, ch. 271, § 1; P.L. 2021, ch. 218, § 1, effective August 1, 2021; P.L. 2021, ch. 219, § 1, effective August 1, 2021; P.L. 2021, ch. 351, § 3, effective July 12, 2021; P.L. 2021, ch. 352, § 3, effective July 12, 2021.
(a) Each community as defined in § 16-7-16 shall provide for the appointment of a physician to make examinations of the health of the school children, who shall report any deviation from the normal, and for the preservation of records of the examinations of the children. Each community shall further provide for dental screenings by a licensed dentist or licensed dental hygienist or a licensed public health dental hygienist, with at least three (3) years of clinical experience, who shall report any suspected deviation from the normal, and for the preservation of records of the screenings of the children. Each community shall notify the parents or custodians of children of conditions requiring professional or skilled treatment. The state commissioner of elementary and secondary education shall provide blank forms and record books that he or she may deem necessary for the purposes of this section.
(b) Each community as defined in § 16-7-16 shall contract with a licensed dentist and/or a licensed public health dental hygienist, for the provision of the dental screenings services required by this section. Dental hygienists performing the dental screenings pursuant to the provisions of this section shall do so under the general supervision of the dentist liable and responsible under the contract with the community or within the collaborative agreement guidelines between a licensed public health hygienist and licensed dentist.
(c) Except in emergency circumstances, should a referral by a dentist, dental hygienist, and/or public health dental hygienist of children screened pursuant to the provisions of this section be provided to a dental practice by which the dentist or dental hygienist is employed and/or which the dentist owns, the referral should include the name(s) of one or more dental practices as alternative providers. In the event that a referral has been made in violation of this provision, the community shall terminate its contract with the dentist. In the case of an egregious violation of the referral prohibition contained in this section, that conduct shall be reported to the board of dental examiners.
(d) Each community shall provide to parents or custodians of children who require professional or skilled treatment a list of both dental practices in the community that accept patients insured by medical assistance and/or RIte Care and dental practices that provide services on a sliding scale basis to uninsured individuals. The department of human services shall provide each community with a list containing the addresses and telephone numbers of both dental practices that accept patients insured by medical assistance and/or RIte Care and dental practices that provide services on a sliding scale basis to uninsured individuals.
(e) Dental screenings for children in kindergarten, third, and ninth grade shall only be performed by a licensed dentist or licensed public health dental hygienist.
(f) All dentists, dental hygienists, and/or public health dental hygienists, performing dental screenings pursuant to the provisions of this section, shall meet with the oral health director of the department of health on a regular basis, as determined by the chief.
History of Section. P.L. 1911, ch. 725, § 2; G.L. 1923, ch. 78, § 2; G.L. 1938, ch. 182, § 2; impl. am. P.L. 1939, ch. 660, § 180; impl. am. P.L. 1951, ch. 2752, § 21; G.L. 1956, § 16-21-9; P.L. 1961, ch. 133, § 2; P.L. 1998, ch. 88, § 1; P.L. 2015, ch. 172, § 2; P.L. 2015, ch. 192, § 2; P.L. 2019, ch. 100, § 1; P.L. 2019, ch. 138, § 1.
The school health program shall provide for the yearly screening or examination for scoliosis of all school children in grades six (6) through eight (8) and the preservation of records of the screening or examinations of those children. The parent or guardian of any child in grades six (6) through eight (8) may have the screening or examination conducted by a private physician and the results shall be made available to the local school department. Otherwise, the screening shall be conducted by a certified nurse-teacher. The screening of male and female pupils shall be conducted separately. The parent or guardian of any child who is found to have positive signs or symptoms of scoliosis shall be notified of the findings. However, the test shall not be required of any student whose parents or guardian objects on the ground that the test conflicts with their religious belief.
History of Section. P.L. 1981, ch. 399, § 1; P.L. 1983, ch. 19, § 1.
[Repealed]
History of Section. G.L. 1938, ch. 182, § 2; P.L. 1948, ch. 2103, § 1; G.L. 1956, § 16-21-10; Repealed by P.L. 1961, ch. 133, § 5.
The school committee may provide at the expense of the town or city proper dental treatment for children, found to be suffering from dental defects or conditions arising from dental defects, whose parents or guardians or custodians neglect to provide proper dental treatment within one month after receiving a notice of the need as required by § 16-21-9.
History of Section. P.L. 1917, ch. 1484, § 2; G.L. 1923, ch. 78, § 5; G.L. 1938, ch. 182, § 5; G.L. 1956, § 16-21-12; P.L. 1961, ch. 133, § 2.
[Repealed]
History of Section. P.L. 1912, ch. 816, § 1; G.L. 1923, ch. 78, § 7; G.L. 1938, ch. 182, § 7; G.L. 1956, § 16-21-13; Repealed by P.L. 1996, ch. 404, § 14, effective August 9, 1996.
(a) The program shall provide for screenings of the hearing, speech, and vision of all children in these schools, and the preservation of records of the screenings of the children and notification of the parent or guardian of any child where there is an identified or suspected special health care need.
(b) Upon initial entry, all school children shall be given a hearing screening test by a properly trained professional employed by the department of elementary and secondary education, at intervals consistent with regulations promulgated by the director of health and the commissioner of elementary and secondary education.
(c) Pupils who failed the hearing screening test in previous years, repeat a grade, have a history of hearing difficulty or pathology, or are suspected by school personnel of a hearing loss shall be screened as often as is necessary.
(d) The program shall be known as the statewide hearing screening program. It shall be operated by the department of elementary and secondary education.
(e) The department is authorized and directed to maintain the program and provide equipment that may be necessary to implement the purposes of this section.
(f) Upon request from a local education agency the commissioner of elementary and secondary education may grant the local education agency permission to conduct its own hearing screening program after he or she first determines that the agency has a capacity to adhere to the screening schedule as outlined in this section and that properly trained professionals defined in regulation will be performing the activities.
(g) Tests shall not be required of any student whose parent or guardian objects on the ground that the tests conflict with their religious beliefs.
History of Section. P.L. 1961, ch. 133, § 3; P.L. 1962, ch. 94, § 1; P.L. 1977, ch. 114, § 1; P.L. 1988, ch. 84, § 50; P.L. 2000, ch. 197, § 1; P.L. 2000, ch. 242, § 1.
(a) Upon entering kindergarten or within thirty (30) days of the start of the school year, the parent or guardian of each child shall present to school health personnel certification that the child, within the previous twelve (12) months has passed a vision screening conducted by a health care professional licensed by the department of health or has obtained a comprehensive eye examination performed by a licensed optometrist or ophthalmologist. For children who fail to pass the vision screening and for children diagnosed with neurodevelopmental delay, proof of a comprehensive eye examination performed by a licensed optometrist or ophthalmologist indicating any pertinent diagnosis, treatment, prognosis, recommendation and evidence of follow-up treatment, if necessary, shall be provided.
(b) Any person who conducts a comprehensive eye examination of a child in response to such child having failed a vision screening given in accordance with the provisions of this section shall forward a written report of the results of the examination to the school health personnel and a copy of said report to a parent or guardian of such child and the child’s primary health care provider. Said report shall include, but not be limited to, the following:
(1) Date of report;
(2) Name, address and date of birth of the child;
(3) Name of the child’s school;
(4) Type of examination;
(5) A summary of significant findings, including diagnoses, medication used, duration of action of medication, treatment, prognosis, whether or not a return visit is recommended and, if so, when;
(6) Recommended educational adjustments for the child, if any, which may include the following: preferential seating in the classroom, eyeglasses for full-time use in school, eyeglasses for part-time use in school, sight-saving eyeglasses or any other recommendations;
(7) Name, address and signature of the examiner.
(c) The department of health in consultation with the department of education shall promulgate regulations to carry out the purposes of this section, including the regular reporting to the departments of health and education on the results of examinations provided under subsection (b) above.
(d) The commissioner of elementary and secondary education shall provide a comprehensive report on the education of blind and visually impaired children to the general assembly prior to March 1, 2009. The report shall include, but not limited to, an overview of policies and programs; an analysis of the effect that vision exam reports have had on improving education for children; and the comprehensive statewide vision education and services program; and recommendations. The commissioner shall provide an update of said analysis and report to the general assembly prior to March 1, 2012 and every three (3) years thereafter.
History of Section. P.L. 2005, ch. 382, § 1; P.L. 2013, ch. 501, § 31.
(a) Every student and teacher in a public or private school, college, or university participating in any of the courses listed in subdivisions (1) and (2) of this subsection shall be required to wear approved eye protective devices at all times while participating in the courses or laboratories. The devices shall be furnished by their respective schools, colleges, and universities to all students, teachers, and visitors to the following classrooms and laboratories:
(1) Vocational or industrial arts shops or laboratories involving experience with:
(i) Hot molten metals;
(ii) Milling, sawing, turning, shaping, cutting, grinding, or stamping of any solid materials;
(iii) Heat treatment, tempering, or kiln firing of any metal or other materials;
(iv) Gas or electric arc welding;
(v) Repair or servicing of any vehicle;
(vi) Caustic or explosive materials;
(2) Chemical or combined chemical-physical laboratories involving caustic or explosive chemicals or hot liquids or solids.
(b) The director of labor and training shall promulgate regulations and standards assuring the use of devices which will protect the eyes of teachers, pupils, and visitors against injury from foreign substances, and each public or private school, college, and university shall, before furnishing eye protective devices, obtain approval of the devices from the director of labor and training.
History of Section. P.L. 1966, ch. 185, § 1.
Any teacher having reasonable cause to suspect that a secondary or elementary student under eighteen (18) years of age is addicted to a narcotic drug or under the influence of a dangerous drug who reports this information to the appropriate secondary or elementary school officials pursuant to the school’s drug policy, or if the school has no drug policy to the school’s principal or the parents of the student under eighteen (18) years of age, shall have immunity from any civil liability that might otherwise be incurred or imposed as a result of the making of the report.
History of Section. P.L. 1976, ch. 306, § 1.
Every school department shall provide school bus safety instructions for all children in grades kindergarten through six (6). The instruction shall take place at least four (4) times per year, two (2) of which shall take place during the months of September and October.
History of Section. P.L. 1986, ch. 366, § 1.
The school penalty for bringing or possessing a weapon as defined in 18 U.S.C. § 921, a firearm or realistic replica of a firearm within school premises, premises being used for school purposes or activities, into a vehicle used for school transportation, or onto a roadway or path along which school children or teachers are walking to school shall be suspension from school for one year. This penalty will also be incurred when a student is not on school premises but when he or she aims a firearm or realistic replica of a firearm at school premises, school vehicles, or students, staff, or visitors attending school or in transit to or from school. This term of suspension may be shortened by the superintendent of schools on a case-by-case basis and under guidelines to be developed by the school committee with broad parent, teacher, and community involvement.
History of Section. P.L. 1995, ch. 61, § 1.
(a) Students with disabilities as defined by the Individuals With Disabilities Education Act, 20 U.S.C. § 1415, shall be subject to the provisions of § 16-21-18 to the extent permitted by the Individuals With Disabilities Education Act, 20 U.S.C. § 1415.
(b) Students with disabilities as defined by Section 504 of the Rehabilitation Act of 1973, 29 U.S.C. § 794, shall be subject to the provisions of § 16-21-18 to the extent permitted by Section 504 of the Rehabilitation Act of 1973, 29 U.S.C. § 794.
History of Section. P.L. 1995, ch. 61, § 1.
The department of elementary and secondary education in conjunction with the attorney general’s task force to prevent violence in schools shall develop requirements for the alternative placement of students suspended under the provision of § 16-21-18. The placements shall be cooperative efforts between the local school district, which shall be responsible for instruction of students, and other appropriate state and local agencies. Further, the department of elementary and secondary education in conjunction with the attorney general’s task force shall establish policies in support of locally developed prevention and education activities that include broad parent, teacher, and community involvement.
History of Section. P.L. 1995, ch. 61, § 1.
Each school committee shall make, maintain, and enforce a student discipline code. The purpose of the code is to foster a positive environment that promotes learning. The department of elementary and secondary education shall provide necessary technical assistance in the development of the student discipline code. The school committee shall cause the school discipline code to be distributed to each student enrolled in the district. Each student and his or her parent, guardian, or custodian shall sign a statement verifying that they have been given a copy of the student discipline code of their respective school district.
History of Section. P.L. 1995, ch. 61, § 1.
The discipline of any public school student for violating a school policy relating to the possession or use of alcohol, drugs or weapons not described in § 16-21-18 of this chapter, shall be imposed on a case-by-case basis pursuant to guidelines developed and promulgated by the school committee for that district. The guidelines and any discipline imposed shall take into account the nature and circumstances of the violation and the applicability of any federal laws governing students with disabilities.
History of Section. P.L. 2007, ch. 339, § 1; P.L. 2007, ch. 407, § 1.
(a) The department of elementary and secondary education and the department of health shall incorporate into their policies, rules, and regulations pertaining to school health programs a procedure for addressing incidents of anaphylaxis (exaggerated allergic reaction) in order to provide for the health and safety of children who have been medically identified as being prone to anaphylaxis or who show evidence of anaphylaxis. The policies, rules, and regulations shall include a procedure whereby a parent or legal guardian of any child may expressly authorize the school department and school bus drivers and monitors to administer the epinephrine on his or her child in case of an emergency and ensures that the epinephrine is kept in a conspicuous place, readily available, and that their proper use is made known to school personnel. School bus drivers and monitors shall receive training in the administration of epinephrine. To treat a case of anaphylaxis, trained school bus drivers and/or monitors shall administer the epinephrine auto-injector to an identified student.
(b) The policies, rules, and regulations shall also include a procedure to allow children to carry and use prescription inhalers, and auto-injectable epinephrine, while in school, at a school-sanctioned function or event, or in transit to and from school or school-sanctioned function or event by the school bus service provider; when prescribed by a licensed individual with prescriptive privileges. Children who need to carry prescription inhalers and/or auto-injectable epinephrine shall provide the school and the school bus service provider with medical documentation that the inhaler and/or auto-injectable epinephrine has been legitimately prescribed and that the child needs to carry it on his or her person due to a medical condition, but no child shall be disciplined solely for failure to provide this documentation in advance.
(c) Parents shall provide a doctor’s letter or prescription notifying the school and the school bus service provider of their child’s allergy and the need to administer epinephrine in an allergic emergency.
(d) No school teacher, school administrator, or school healthcare personnel, school bus driver, school bus monitor, or any other school personnel shall be liable for civil damages which may result from acts or omissions in use of the epinephrine which may constitute ordinary negligence; nor shall the school personnel mentioned in this subsection be liable for civil damages which may result from acts or omissions in the use of prescription inhalers by children which may constitute ordinary negligence. This immunity does not apply to acts or omissions constituting gross negligence or willful or wanton conduct. For the purposes of determining immunity from liability under subsection (d) only, the term “other school personnel” shall include any private entity providing school bus services and individual school bus drivers and monitors employed or otherwise engaged by such school bus service entities.
(e) School physicians may execute standing orders and prescriptions for school nurses to use epinephrine when there are symptoms of anaphylaxis. The school department may permit each school within their jurisdiction to maintain epinephrine in cartridge injections for the purpose of emergency first aid to students who experience allergic reactions. The department’s policies, rules, and regulations shall also include the conditions and procedures for the storage and administration of epinephrine for the purpose of emergency first aid to students who experience allergic reactions.
(f) The student’s parent or guardian is responsible for supplying and replacing, when necessary, all prescription medication that is authorized pursuant to this section.
History of Section. P.L. 1995, ch. 358, § 1; P.L. 1996, ch. 43, § 1; P.L. 1996, ch. 324, § 1; P.L. 1997, ch. 293, § 1; P.L. 1998, ch. 146, § 1; P.L. 1999, ch. 342, § 1; P.L. 2005, ch. 254, § 1; P.L. 2005, ch. 264, § 1; P.L. 2012, ch. 108, § 1; P.L. 2012, ch. 146, § 1; P.L. 2016, ch. 126, § 1; P.L. 2016, ch. 140, § 1.
(a) Each school district of each town, city, and regional school department shall conduct a school safety assessment in conjunction with local police, fire, school safety team pursuant to the provisions of this section and any other expert said school department deems necessary. The assessment shall examine the current status of each school building’s safety and shall be performed within thirty (30) days of passage of this act, and every three (3) years thereafter.
(1) There shall be a Rhode Island school safety committee whose functions shall include, but not be limited to, providing training to law enforcement, school administrators, and teachers; collecting and reviewing all hazard safety security assessments; and offering recommendations and assistance to each school district of every town, city, and regional school department, in an effort to increase the safety of students and faculty. The committee shall be comprised of twelve (12) members as follows: the superintendent of the Rhode Island state police or designee, who shall serve as chairperson of the committee; the president of the Police Chiefs’ Association, or designee; the director of the Rhode Island emergency management agency, or designee; the commissioner of the department of elementary and secondary education, or designee; a representative from the Rhode Island School Superintendents’ Association, to be selected by the association; the director of the department of behavioral healthcare, developmental disabilities and hospitals, or designee; the state fire marshal, or designee; a representative of the Rhode Island Association of School Maintenance Directors, to be selected by the association; a representative from the Rhode Island Association of School Principals, to be selected by the association; a representative from the Rhode Island Association of School Committees, to be selected by the association; a representative from the National Education Association of Rhode Island (“NEARI”), who shall be a full-time classroom teacher, to be selected by the president of NEARI; and one representative from the Rhode Island Federation of Teachers and Health Professionals (“RIFTHP”), who shall be a full-time classroom teacher, to be selected by the president of the RIFTHP.
(2) Each school department of each town, city, and regional school district shall complete the emergency action plan and shall submit the all hazards site safety survey report to the Rhode Island school safety committee every three (3) years for the committee’s review and recommendation.
(3) The assessment shall be completed by November 1 of the year mandated, and by December 31 of that year, the commissioner of elementary and secondary education shall report to the speaker of the house, the senate president, and the governor that the assessments have been completed. Assessments performed within a year of the date of passage of this act shall satisfy this requirement.
(4) All meetings regarding the school safety assessment are not subject to the open meetings law pursuant to chapter 46 of title 42, and documents produced including, but not limited to, meeting minutes and the school safety assessment are not subject to the access to public records law pursuant to chapter 2 of title 38.
(b) The school committee of each town, city, and regional school department shall review and adopt in executive session a comprehensive school safety plan regarding crisis intervention, emergency response, and management. The plan shall be developed by a school safety team comprised of representatives of the school committee; representatives of student, teacher, and parent organizations; school safety personnel; school administration; and members of local law enforcement, fire, and emergency personnel. Members of the school safety team shall be appointed by the school committee and/or school superintendent of the town, city, or regional school district. In creating the school safety plan, the school safety team(s) shall consult the model school safety plan developed by the department of elementary and secondary education pursuant to § 16-21-23.1.
(c) The school crisis response team shall be comprised of those selected school personnel willing to serve as members of a psychological response team to address the psychological and emotional needs of the school community, and may seek mental health resources from the department of elementary and secondary education. Members of the school crisis response team may coordinate mental health services for those students and school employees affected by acts of violence in the schools, using resources available through the department of elementary and secondary education.
History of Section. P.L. 2001, ch. 151, § 1; P.L. 2013, ch. 151, § 1; P.L. 2013, ch. 211, § 1; P.L. 2017, ch. 19, § 1; P.L. 2017, ch. 32, § 1; P.L. 2018, ch. 9, § 1; P.L. 2018, ch. 10, § 1.
(a) It shall be the duty of the department of elementary and secondary education to collaborate with the Rhode Island emergency management agency, state police, state fire marshal, the department of behavioral healthcare, developmental disabilities and hospitals, and other safety officials to develop a model school safety plan to be consulted by school safety teams in accordance with § 16-21-23. This model plan shall be based on best practices in school safety planning and the department of elementary and secondary education shall communicate the plan electronically to all school committees and school safety teams in the state.
(b) It shall be the duty of the department of elementary and secondary education to develop and disseminate school safety check lists that school districts can use on a regular basis and at least annually to assess the strengths and weaknesses of school safety in accordance with § 16-21-24. The check lists shall incorporate best practices in school safety planning and the department of elementary and secondary education shall communicate the plan electronically to all school committees and school safety teams in the state.
History of Section. P.L. 2013, ch. 151, § 2; P.L. 2013, ch. 211, § 2.
(a) Each local school board or committee shall adopt written policies for the establishment of threat assessment teams, including the assessment of and intervention with individuals whose behavior may pose a threat to the safety of school staff or students consistent with the model policies developed by the school safety committee. The policies shall include procedures for referrals to community services or healthcare providers for evaluation or treatment when appropriate.
(b) The superintendent of each school district shall establish a district committee charged with oversight of the threat assessment teams operating within the district, which may be an existing committee established by the district. The committee shall include individuals with expertise in guidance, counseling, school administration, mental health, and law enforcement.
(c) Each district superintendent shall establish, for each school, a threat assessment team that shall include persons with expertise in guidance, counseling, school administration, mental health, and law enforcement. Threat assessment teams may be established to serve schools as determined by the district superintendent. Each team shall:
(1) Provide guidance to students, faculty, and staff regarding recognition of threatening or aberrant behavior that may represent a threat to the community, school, or self;
(2) Identify members of the school community to whom threatening behavior should be reported; and
(3) Implement policies adopted by the local school board or committee pursuant to subsection (a).
(d) Upon preliminary determination that a student poses a threat of violence or physical harm to self or others, a threat assessment team shall immediately report its determination to the district superintendent or designee. The building administrator or designee may, if appropriate, attempt to notify the student’s parent or legal guardian. Nothing in this subsection shall preclude school district personnel from acting immediately to address an imminent threat.
(e) No member of a threat assessment team shall disclose any information obtained pursuant to this section or otherwise use any record of an individual beyond the purpose for which the disclosure was made to the threat assessment team.
History of Section. P.L. 2019, ch. 195, § 1; P.L. 2019, ch. 260, § 1.
(a) School safety plans, as required by this chapter, shall address, but not to be limited to, prevention, mitigation, preparedness, response, and recovery. The school safety plans shall include, at a minimum, the following policies and procedures:
(1) Appropriate prevention, mitigation, preparedness, and intervention strategies which are based on data to target priority needs and which make use of effective actions based on currently accepted best practices and once developed, the appropriate parts of the state model plan pursuant to § 16-21-23.1 that include consistent, plain language and terminology;
(2) Formalized collaborative arrangements with state and local law enforcement and firefighter officials, designed to ensure that school safety officers and other security personnel are adequately trained, including being trained to de-escalate potentially violent situations, and are effectively and fairly recruited;
(3) Policies and procedures relating to school building security, including where appropriate the use of school safety officers and/or security devices or procedures;
(4) Policies and procedures for annual school safety training and a review of the school crisis response plan for staff and students;
(5) Protocols for school personnel and students responding to swatting, bomb threats, hostage-takings, intrusions, and kidnappings that include consistent, plain language and terminology that is recommended by the model plan pursuant to § 16-21-23.1. For purposes of this chapter, “swatting” means the action or practice of making a prank call to emergency services in an attempt to bring about the dispatch of law enforcement personnel to a particular address;
(6) Policies and procedures for responding to violence by students, teachers, other school personnel as well as visitors to the school that include consistent, plain language and terminology that is recommended by the model plan pursuant to § 16-21-23.1;
(7) Policies and procedures for responding to acts of violence by students, teachers, other school personnel and visitors to the school that include consistent, plain language and terminology that is recommended by the model plan pursuant to § 16-21-23.1;
(8) Policies and procedures for contacting appropriate law enforcement officials and EMS/Fire, in the event of a violent incident and that include consistent, plain language and terminology that is recommended by the model plan pursuant to § 16-21-23.1;
(9) Policies and procedures for notification and activation of the school crisis response team that include consistent, plain language and terminology that is recommended by the model plan pursuant to § 16-21-23.1;
(10) Policies and procedures for contacting parents, guardians, or persons in parental relation to the students of the city, town, or region in the event of a violent incident;
(11) Policies and procedures for the dissemination of informative materials regarding the early detection of potentially violent behaviors, including, but not limited to, the identification of family, community, and environmental factors, to teachers, administrators, school personnel, persons in parental relation to students of the city, town, or region students and other persons deemed appropriate to receive that information;
(12) Strategies for improving communication, including use of common, consistent plain language by school district officials, school officials, and emergency responders, among students and between students and staff and reporting of potentially violent incidents, such as the establishment of youth-run programs, peer mediation, conflict resolution, creating a forum or designating a mentor for students concerned with bullying or violence, and establishing anonymous reporting mechanisms for school violence;
(13) A description of the duties of hall monitors and any other school safety personnel, including the school crisis response team, and the training requirements of all personnel acting in a school security capacity and policies and procedures for students, personnel who are in the hallway during a lockdown or similar emergency situation that include consistent language and terminology that is recommended by the department of elementary and secondary education;
(14) Policies and procedures for providing notice of threats of violence or harm to the student or school employee who is the subject of the threat. The policy shall define “threats of violence or harm” to include violent actions and threats of violent actions either individually or by groups, but shall not include conduct or comments that a reasonable person would not seriously consider to be a legitimate threat;
(15) Policies and procedures for disclosing information that is provided to the school administrators about a student’s conduct, including, but not limited to, the student’s prior disciplinary records, and history of violence, to classroom teachers, school staff, and school security, if they have been determined by the principal to have a legitimate need for the information in order to fulfill their professional responsibilities and for protecting such information from any further disclosure;
(16) Procedures for determining whether or not any threats or conduct established in the policy may be grounds for discipline of the student. School districts, school committees, school officials, and school employees providing notice in good faith as required and consistent with the committee’s policies adopted under this section are immune from any liability arising out of such notification; and
(17) Procedures for students and school staff to both prepare for and to participate in emergency drills.
(b) School safety plans, as required by this chapter, shall further include school emergency response plans specific to each school building contained within each city, town, or regional school district, and shall be developed and approved in consultation with local police and fire. The state police shall provide consultation for those school districts that for whatever reason may not have access to local police. School emergency response plans shall include, and address, but not be limited to, the following elements:
(1) Policies and procedures for the safe evacuation of students, teachers, and other school personnel as well as visitors to the school in the event of a serious violent incident or other emergency, which shall include evacuation routes and shelter sites and procedures for addressing medical needs, transportation, and emergency notification to persons in parental relation to a student. For purposes of this subdivision, “serious violent incident” means an incident of violent criminal conduct that is, or appears to be, life threatening and warrants the evacuation of students and/or staff;
(2) Designation of an emergency response team comprised of school personnel, local law enforcement officials, and representatives from local, regional, and/or state emergency response agencies, other appropriate incident response teams including a school crisis response team, and a post-incident response team that includes appropriate school personnel, medical personnel, mental health counselors, and others who can assist the school community in coping with the aftermath of a violent incident;
(3) Procedures for assuring that crisis response and law enforcement officials have access to floor plans, blueprints, schematics, or other maps of the school interior and school grounds, and road maps of the immediate surrounding area;
(4) Establishment of internal and external communication systems in emergencies that include consistent, plain language and terminology that is recommended by the model plan established pursuant to § 16-21-23.1;
(5) Definition and formalization of the chain of command in a manner consistent with the national interagency incident management system/incident command system;
(6) Procedures for review and the conduct of drills and other exercises to test components of the emergency response plan, including use of checklists as described in § 16-21-23.1;
(7) Policies and procedures for securing and restricting access to the crime scene in order to preserve evidence in cases of violent crimes on school property; and
(8) Policies and procedures for ensuring timely access to mental health services for those students and school employees affected by a violent incident.
History of Section. P.L. 2001, ch. 151, § 1; P.L. 2004, ch. 42, § 1; P.L. 2004, ch. 103, § 1; P.L. 2013, ch. 151, § 1; P.L. 2013, ch. 211, § 1; P.L. 2024, ch. 174, § 2, effective July 1, 2024; P.L. 2024, ch. 175, § 2, effective July 1, 2024.
(a) Each city, town, or regional department school safety plan and school emergency response plans shall be reviewed on an annual basis by the school committee and updated annually. These reviews and updates shall be completed by November 1 of any given year, and by December 31 of that year, the commissioner of elementary and secondary education shall report to the speaker of the house, the president of the senate, and the governor that such reviews or updates have been completed.
(b) All meetings of school safety teams shall not be subject to and be exempt from the open meetings law pursuant to chapter 46 of title 42, and documents produced by the school safety teams shall not be subject to the access to public records laws as set forth in chapter 2 of title 38.
History of Section. P.L. 2001, ch. 151, § 1; P.L. 2013, ch. 151, § 1; P.L. 2013, ch. 152, § 1; P.L. 2013, ch. 211, § 1; P.L. 2013, ch. 212, § 1.
[Repealed]
History of Section. P.L. 2003, ch. 204, § 2; P.L. 2003, ch. 213, § 2; P.L. 2008, ch. 102, § 1; P.L. 2008, ch. 150, § 1; P.L. 2008, ch. 220, § 1; Repealed by P.L. 2011, ch. 162, § 4, and by P.L. 2011, ch. 178, § 4, effective June 30, 2011.
Each school district shall adopt a plan to ensure continued education of students who are removed from the classroom because of a suspension of more than ten (10) days or who are chronically truant. The plan shall be adopted by the school committee and shall be submitted to Rhode Island department of elementary and secondary education as part of its annual strategic plan submission.
History of Section. P.L. 2004, ch. 555, § 1.
(a) The school committee of each school district shall establish a district-wide coordinated school health and wellness subcommittee chaired by a member of the full school committee. The subcommittee will make recommendations regarding the district’s health education curriculum and instruction, physical education curriculum and instruction, and nutrition and physical activity policies to decrease obesity and enhance the health and well being of students and employees.
(b) The school health and wellness subcommittee shall consist of members of the general public, a majority of whom are not employed by the school district, including at least one parent, and are encouraged to include teachers; administrator; students; community and school-based health professionals; business community representatives; and representatives of local and statewide nonprofit health organizations. The subcommittee will be chaired by a member of the school committee.
(c) Nothing in this section shall preclude the school committee from reconstituting any existing district-wide volunteer committees as the school health and wellness subcommittee so long as said committee membership meets the requirements of this section.
(d) The school health and wellness subcommittee shall be responsible for, but not limited to, development of policies, strategies, and implementation plans that promote purchasing and serving locally grown fruits, vegetables and dairy products and that meet the requirements of the child nutrition and WIC Reauthorization Act of 2004. The school health and wellness subcommittee shall forward all recommendations regarding the district’s health education curriculum and instruction, physical education curriculum and instruction, nutrition policies, and physical activity policies to the full school committee.
(e) Reporting shall be consistent with requirements of § 16-7.1-2(h).
(f) The Rhode Island department of elementary and secondary education and the Rhode Island department of heath will provide technical assistance and support to the school health and wellness subcommittees on best practices, professional development on coordinated school health issues, suggested initiatives, and will support communication among the school health and wellness subcommittees by sharing information on the activities, efforts, and experiences of subcommittees across the state.
History of Section. P.L. 2005, ch. 74, § 3; P.L. 2005, ch. 76, § 3; P.L. 2013, ch. 249, § 1; P.L. 2013, ch. 398, § 1.
(a) Approximately one in five hundred (500) school children have diabetes. Individuals with diabetes need to manage their diabetes carefully to keep their blood glucose levels within target range.
(b) High blood glucose levels contribute to medical complications, such as blindness, kidney failure, amputations and cardiovascular disease, while severely low blood glucose levels can lead to unconsciousness or seizures with a potential for brain damage or death.
(c) While episodes of unconsciousness or seizures are uncommon, schools should be prepared to promptly respond to such emergencies due to the urgency of the situation, and the inability of the student to drink or ingest food that might restore their blood sugar level.
(d) Across the country, schools are increasingly more prepared and trained for medical emergencies using defibrillators and giving injections to counter allergic reactions.
(e) The American academy of pediatrics September 2003 policy guidelines on administration of medication in school states: “Some medications, such as epinephrine injections for severe allergic reactions or glucagons for hypoglycemia (low blood sugar), have few significant adverse effects. Because these episodes, by nature, occur at unpredictable times when a school nurse may not be available, trained designated school staffs should be available.”
(f) The Rhode Island chapter of the American academy of pediatrics states (November 20, 2005) that: “While quite rare, such episodes (of hypoglycemic unconsciousness or seizure) run the risk of serious long-term complications, and potentially death, if there is a delay in appropriate treatment.”
History of Section. P.L. 2008, ch. 243, § 1.
(a) The department of elementary and secondary education and the department of health shall incorporate into their policies, rules and regulations for addressing incidents of hypoglycemia resulting in unconsciousness, seizure and/or the inability to swallow in order to provide for the health and safety of children who have been medically identified as having diabetes. The policies, rules and regulations shall include procedures whereby:
(1) A parent or legal guardian of any child may expressly authorize school employees or those employed on behalf of the school, for when there is no school nurse immediately available, to administer glucagon on such child in case of an emergency, while at school or school-sponsored activities;
(2) The glucagon shall be kept in a conspicuous place, readily available; and
(3) Glucagon administration training may be provided by a licensed physician, physician assistant, advanced practiced registered nurse, or registered nurse, however in no case shall school nurse teachers be required to provide training; and the school administration shall allow staff to voluntarily assist with the emergency administration of glucagon when authorized by a parent or legal guardian.
(b) A school employee, including administrative staff, shall not be subject to penalty or disciplinary action for refusing to be trained in glucagon administration.
(c) A parent or legal guardian shall provide a diabetes management plan or physician’s order, signed by the student’s health care provider, that prescribes the care and assistance needed by the student including glucagon administration.
History of Section. P.L. 2008, ch. 243, § 1.
The department of health, in conjunction with the American diabetes association, and the Rhode Island chapter of American academy of pediatrics, shall develop performance standards and guidelines for the training and supervision of personnel, other than the school nurse, who provide emergency medical assistance to students under this section. Such personnel shall only be authorized to provide such assistance upon successful completion of glucagon administration training.
History of Section. P.L. 2008, ch. 243, § 1.
No school teacher, school administrator, school health care personnel, person employed on behalf of the school, any other school personnel, nor any local educational authority shall be liable for civil damages which may result from acts or omissions in use of glucagon which may constitute ordinary negligence. This immunity does nor apply to acts or omissions constituting gross negligence or willful or wanton conduct.
History of Section. P.L. 2008, ch. 243, § 1.
Training on the administration of epinephrine or glucagon for school personnel, or those employed on behalf of the school, shall not be considered the delegation of nursing practice.
History of Section. P.L. 2008, ch. 243, § 1.
The administration of epinephrine or glucagon by school personnel, or those employed on behalf of the school, shall not be considered the practice of nursing.
History of Section. P.L. 2008, ch. 243, § 1.
[Repealed]
History of Section. P.L. 2006, ch. 231, § 1; P.L. 2006, ch. 234, § 1; Repealed by P.L. 2016, ch. 529, § 2, effective August 11, 2016.
(a) As used in this section:
(1) “At school” means in a classroom, on or immediately adjacent to school premises, on a school bus or other school-related vehicle, at an official school bus stop, or at any school-sponsored activity or event whether or not it is on school grounds.
(2) “Dating partner” means any person, regardless of gender, involved in an intimate relationship with another primarily characterized by the expectation of affectionate involvement whether casual, serious, or long-term.
(3) “Dating violence” means a pattern of abusive or coercive behaviors used to exert power and control over a current or former dating partner. Behaviors may occur online, in person, or through the use of technology. Abuse may be physical, verbal, emotional, sexual, financial, or psychological and includes threats, isolation, and intimidation.
(b) The department of education shall develop a model dating violence policy to assist school districts in developing policies for dating violence reporting and response. The model policy shall be issued on or before April 1, 2008.
(c) Each school district shall establish a specific policy to address incidents of dating violence involving students at school by December 1, 2008. Each school district shall verify compliance with the department of education on an annual basis through the annual school health report.
(1) The policy shall include, but not be limited to: a statement that dating violence will not be tolerated; dating violence reporting procedures; guidelines to responding to at school incidents of dating violence; and discipline procedures specific to the incidents.
(2) To ensure notice of the school district’s dating violence policy, the policy shall be published in any school district policy and handbook that sets forth the comprehensive rules, procedures, and standards of conduct for students at school.
(d) Each school district shall provide dating violence training to all administrators, teachers, nurses, and mental health staff at the middle and high school levels. Upon the recommendation of the administrator, other staff may be included or may attend the training on a volunteer basis. The dating violence training shall include, but not be limited to: basic principles of dating violence; warnings signs of dating violence; and the school district’s dating violence policy, to ensure that they are able to appropriately respond to incidents of dating violence at school. Thereafter, this training shall be provided yearly to all newly hired staff deemed appropriate to receive the training by the school’s administration.
(e) Each school district shall inform the students’ parents or legal guardians of the school district’s dating violence policy. If requested, the school district shall provide the parents or legal guardians with the school district’s dating violence policy and relevant information. It is strongly recommended that the school district provide parent awareness training.
(f) Each school district shall collect data regarding instances of student misconduct that are considered dating violence. As part of the usual course of discipline data submission to the department of education, each school district shall specify when a particular infraction is also considered dating violence.
(g) This section does not prevent a victim from seeking redress under any other available law, either civil or criminal. This section does not create or alter any tort liability.
History of Section. P.L. 2007, ch. 287, § 2; P.L. 2007, ch. 490, § 2; P.L. 2021, ch. 319, § 1, effective July 9, 2021; P.L. 2021, ch. 320, § 1, effective July 9, 2021.
(a) In any school subject to the provisions of this chapter wherein a student with an allergy to peanuts/tree nuts and/or food derived from peanut/tree nuts products is in attendance, a notice shall be posted within that school building in a conspicuous place at every point of entry and within the cafeteria facility advising that there are students at said school with allergies to peanuts/tree nuts. The notice shall not identify the individual(s) with such allergy.
History of Section. P.L. 2007, ch. 304, § 1; P.L. 2008, ch. 86, § 1; P.L. 2008, ch. 90, § 1.
(a) The governing body of each elementary, middle or junior high school approved for the purpose of §§ 16-19-1 and 16-19-2, shall develop a policy designed to provide a safe environment for students with peanut/tree nut allergies. When a school is aware that an enrolled student has a peanut/tree nut allergy with potentially serious health consequences, the school shall implement a protocol, consistent with the governing body’s policy, that provides the student with protections while he or she is attending school or participating in school-sponsored activities. The governing body’s policy shall include the development of an individual health care plan (IHCP) and an emergency health care plan (EHCP) for each student with such food allergy. The student’s IHCP and EHCP shall be developed collaboratively and be signed by the school nurse, the student’s health care provider, the parents/guardians of the student, and the student (if appropriate). Depending upon the nature and extent of the student’s peanut/tree nut allergy, the measures listed in the IHCP may include the posting of signs at school, the prohibition of the sale of particular food items in the school, the designation of special tables in the cafeteria, the prohibition of particular food items in certain classrooms, and the complete prohibition of particular food items from a school or school grounds.
(b) The department of elementary and secondary education and the department of health shall amend their rules and regulations for school health programs to establish standards for the care of students with peanut/tree nut allergies.
History of Section. P.L. 2008, ch. 86, § 2; P.L. 2008, ch. 90, § 2.
(a) Definitions. As used in this chapter:
(1) “Bullying” means the use by one or more students of a written, verbal or electronic expression or a physical act or gesture or any combination thereof directed at a student that:
(i) Causes physical or emotional harm to the student or damage to the student’s property;
(ii) Places the student in reasonable fear of harm to himself/herself or of damage to his/her property;
(iii) Creates an intimidating, threatening, hostile, or abusive educational environment for the student;
(iv) Infringes on the rights of the student to participate in school activities; or
(v) Materially and substantially disrupts the education process or the orderly operation of a school. The expression, physical act or gesture may include, but is not limited to, an incident or incidents that may be reasonably perceived as being motivated by characteristics such as race, color, religion, ancestry, national origin, gender, sexual orientation, gender identity and expression or mental, physical, or sensory disability, intellectual ability or by any other distinguishing characteristic.
(2) “Cyber-bullying” means bullying through the use of technology or any electronic communication, which shall include, but shall not be limited to, any transfer of signs, signals, writing, images, sounds, data, texting or intelligence of any nature transmitted in whole or in part by a wire, radio, electromagnetic, photo electronic or photo optical system, including, but not limited to, electronic mail, Internet communications, instant messages or facsimile communications. For purposes of this section, cyber-bullying shall also include:
(i) The creation of a web page or blog in which the creator assumes the identity of another person;
(ii) The knowing impersonation of another person as the author of posted content or messages; or
(iii) The distribution by electronic means of a communication to more than one person or the posting of materials on an electronic medium that may be accessed by one or more persons, if the creation, impersonation, or distribution results in any of the conditions enumerated in clauses (i) to (v) of the definition of bullying herein.
(3) “At school” means on school premises, at any school-sponsored activity or event whether or not it is held on school premises, on a school-transportation vehicle, at an official school bus stop, using property or equipment provided by the school, or creates a material and substantial disruption of the education process or the orderly operation of the school.
History of Section. P.L. 2011, ch. 162, § 3; P.L. 2011, ch. 178, § 3.
(a) Legislative findings:
(1) Approximately three hundred twenty-five thousand (325,000) Americans suffer sudden cardiac arrest (“SCA”) each year and more than ninety-five percent (95%) of them die before reaching the hospital;
(2) In the population of Rhode Island, an estimated one thousand (1,000) residents will die of cardiac arrest every year;
(3) No official statistics have been gathered about SCA in children, however experts estimate about three hundred (300) deaths because of SCA every year for people under the age of twenty-one (21) or about one tenth of one percent (.001%);
(4) This means that at least one person under the age of twenty-one (21) years, most likely a student, will die due to athletics related SCA every year in Rhode Island;
(5) If defibrillation is performed within five (5) to seven (7) minutes, chances of survival are increased by forty-nine percent (49%). Every minute that goes by without defibrillation reduces the chance of survival by seven percent (7%) to ten percent (10%);
(6) Automated external defibrillators (AEDs) are extremely accurate computerized devices that can be operated by the average person;
(7) AEDs are inexpensive and grants for AEDs are mostly given to nonprofit organizations, such as schools; and
(8) AEDs can be acquired through grants from various organizations or through government agencies.
(b) All high schools and middle schools, whether they are public or privately run, shall provide and maintain on-site functional automated external defibrillators (AEDs) in quantities and types, deemed by the commissioner of education, in consultation with the director of health, to be adequate to ensure ready and appropriate access for use during emergencies. Whenever school facilities are used for school-sponsored or school-approved curricular or extracurricular activities, and whenever a school-sponsored athletic contest is held at any location, the school officials and administrators responsible for such school facility or athletic contest shall ensure the presence of at least one person who is properly trained in the operation and use of an AED. Such training may be conducted by qualified personnel, including, but not limited to, municipal fire and police department employees.
History of Section. P.L. 2016, ch. 336, § 1; P.L. 2016, ch. 357, § 1.
(a) The Rhode Island department of education shall prescribe by regulation a statewide bullying policy, ensuring a consistent and unified, statewide approach to the prohibition of bullying at school. The statewide policy shall apply to all schools that are approved for the purpose of § 16-9-1 and shall contain the following:
(1) Descriptions of and statements prohibiting bullying, cyber-bullying and retaliation of school;
(2) Clear requirements and procedures for students, staff, parents, guardians and others to report bullying or retaliation;
(3) A provision that reports of bullying or retaliation may be made anonymously; provided, however, that no disciplinary action shall be taken against a student solely on the basis of an anonymous report;
(4) Clear procedures for promptly responding to and investigating reports of bullying or retaliation;
(5) The range of disciplinary actions that may be taken against a perpetrator for bullying or retaliation; provided, however, that the disciplinary actions shall balance the need for accountability with the need to teach appropriate behavior; and provided, further:
(i) A parental engagement strategy; and
(ii) A provision that states punishments for violations of the bullying policy shall be determined by the school’s appropriate authority; however, no student shall be suspended from school unless it is deemed a necessary consequence of the violations;
(6) Clear procedures for restoring a sense of safety for a victim and assessing that victim’s needs for protection;
(7) Strategies for protecting from bullying or retaliation a person who reports bullying, provides information during an investigation of bullying or witnesses or has reliable information about an act of bullying;
(8) Procedures for promptly notifying the parents or guardians of a victim and a perpetrator; provided, further, that the parents or guardians of a victim shall also be notified of the action taken to prevent any further acts of bullying or retaliation; and provided, further, that the procedures shall provide for immediate notification of the local law enforcement agency when criminal charges may be pursued against the perpetrator;
(9) A provision that a student who knowingly makes a false accusation of bullying or retaliation shall be subject to disciplinary action;
(10) A strategy for providing counseling or referral to appropriate services currently being offered by schools or communities for perpetrators and victims and for appropriate family members of said students. The plan shall afford all students the same protection regardless of their status under the law;
(11) A provision that requires a principal or designee to be responsible for the implementation and oversight of the bullying policy;
(12) Provisions for informing parents and guardians about the bullying policy of the school district or school shall include, but not be limited to:
(i) A link to the policy prominently posted on the home page of the school district’s website and distributed annually to parents and guardians of students;
(ii) A provision for notification, within twenty-four (24) hours, of the incident report, to the parents or guardians of the victim of bullying and parents or guardians of the alleged perpetrator of the bullying;
(13) A school employee, school volunteer, student, parent, legal guardian, or relative caregiver who promptly reports, in good faith, an act of bullying to the appropriate school official designated in the school’s policy is immune from a cause of action for damages arising from reporting bullying;
(14) This section does not prevent a victim from seeking redress under any other available law, either civil or criminal. This section does not create or alter any tort liability;
(15) Students shall be prohibited from accessing social networking sites at school, except for educational or instructional purposes and with the prior approval from school administration. Nothing in this act shall prohibit students from using school department or school websites for educational purposes. School districts and schools are encouraged to provide in-service training on Internet safety for students, faculty and staff; and
(16) All school districts, charter schools, career and technical schools, approved private day or residential schools and collaborative schools shall be subject to the requirements of this section. School districts and schools must adopt the statewide bullying policy promulgated pursuant to this section by June 30, 2012.
History of Section. P.L. 2011, ch. 162, § 3; P.L. 2011, ch. 178, § 3.
(a) For the purposes of this section, the following terms shall have the following meanings:
(1) “Opioid antagonist” means any drug that binds to opioid receptors and blocks or disinhibits the effects of opioids acting on those receptors, including naloxone hydrochloride, also known as Narcan or naloxone.
(2) “Opioid-related drug overdose” means a condition including, but not limited to, extreme physical illness, decreased level of consciousness, respiratory depression, coma, or death resulting from the consumption or use of an opioid or another substance with which an opioid was combined, or that a layperson would reasonably believe to be an opioid-related drug overdose that requires medical assistance.
(3) “School setting” means circumstances occurring while at school or at school-sponsored events or activities.
(b) All public and private elementary, middle schools, junior high schools, and high schools, shall provide and maintain on-site in each school facility opioid antagonists, as defined herein.
(c) To treat a case of suspected opioid overdose in a school setting, any trained nurse-teacher may administer an opioid antagonist, during an emergency, to any student or staff suspected of having an opioid-related drug overdose whether or not there is a previous history of opioid abuse. School physicians shall prepare standing orders for the procedures to be followed in dealing with a suspected opioid overdose in a school setting. The standing orders shall not require any school nurse-teacher to administer an opioid antagonist.
(d) Opioid antagonists shall be maintained in quantities and types deemed adequate by the department of elementary and secondary education and the department of health, which shall incorporate into their policies, rules, and regulations a procedure for addressing incidents of opioid-related drug overdose in order to provide for the health and safety of children. Any policy, rule, or regulation shall ensure that the opioid antagonist is kept in a conspicuous place, readily available, but with provisions made for the safekeeping and security of the opioid antagonist so that the security of the medication will not be compromised.
(e) Any school nurse-teacher or other school personnel using an opioid antagonist shall be protected from both civil and criminal liability pursuant to the provisions of chapter 28.9 of title 21 (the good samaritan overdose prevention act of 2016).
(f) No school nurse-teacher shall be subject to penalty or disciplinary action for refusing to be trained in the administration of an opioid antagonist.
History of Section. P.L. 2015, ch. 204, § 1; P.L. 2015, ch. 224, § 1; P.L. 2019, ch. 232, § 1; P.L. 2019, ch. 238, § 1.
Each public or private school in the state shall post a notice that contains the statewide, toll-free telephone number, established and implemented by the department of children, youth and families pursuant to § 40-11-3 for the receipt of reports concerning the suspicion of child abuse and neglect or that a child has been a victim of sexual abuse by another child, in a conspicuous, high-traffic area accessed and widely used by the students in each school.
History of Section. P.L. 2016, ch. 63, § 1; P.L. 2016, ch. 465, § 1.
(a) The state of Rhode Island finds and declares that:
(1) Water plays an important role in maintaining a child’s overall health;
(2) Drinking water can positively impact children’s cognitive performance;
(3) Drinking water can improve children’s fine motor skills and visual attention, which helps with learning activities, such as reading;
(4) Drinking water can help people maintain a healthier weight.
(b) The purpose of this policy is to ensure that all newly constructed schools and those schools undergoing major building renovations incorporate adequate water bottle filling stations to increase access to free, easily accessible, safe, and good-tasting drinking water on school property.
(c) Major renovations shall mean renovations with a total estimated cost of five hundred thousand dollars ($500,000) or more, or involving the substantial repair, replacement, or upgrading of the plumbing system or plumbing fixtures.
(d) All newly constructed public school buildings and public school buildings undergoing major renovations, such as additions, within the state of Rhode Island shall be equipped with water bottle filling stations consistent with the requirements of this policy.
(e) The school committees of each city or town and/or the governing authority overseeing school policies or construction shall not approve the plans or specifications for a new public school building, any addition, or major renovations of an existing public school building unless the plans and specifications provide for the following:
(1) A minimum of one water bottle filling station per one hundred (100) people projected to occupy the building upon completion of the proposed construction;
(2) A minimum of one water bottle filling station on each floor and on each wing of each school building;
(3) A minimum of one water bottle filling station located in or near gymnasiums, cafeterias, and other high-traffic areas;
(4) Water bottle filling stations may be integrated into drinking fountains; and
(5) Schools are encouraged to install touchless water bottle filling stations for sanitary reasons.
(f) A water bottle filling station installed in a public school building must:
(1) Dispense clean, cooled, filtered drinking water;
(2) Be regularly cleaned to maintain sanitary conditions; and
(3) Be maintained on a regular basis to ensure it functions properly.
(g) Students, teachers, and staff shall be allowed to bring and carry approved water bottles under the following conditions:
(1) Water bottles shall be made of material that is not easily breakable;
(2) Water bottles shall have a lid to prevent spills;
(3) Water bottles shall be used exclusively for water and no other beverage;
(4) Water bottles shall be allowed in classrooms, but may be excluded from libraries, computer labs, science labs, and other places where it is deemed dangerous to have drinking water;
(5) Misuse of water bottles may be subject to disciplinary action.
History of Section. P.L. 2021, ch. 115, § 1, effective January 1, 2022; P.L. 2021, ch. 116, § 1, effective January 1, 2022.
(a) By the beginning of the 2022-2023 school year, all public schools maintaining any combination of classes from grade five (5) through grade twelve (12), inclusive, shall make feminine hygiene products available in the school as follows:
(1) Feminine products shall be available in all gender-neutral bathrooms and any bathroom designated for females;
(2) Feminine products shall be available at no cost to students.
(b) For the purposes of this section, “feminine hygiene products” includes tampons and sanitary napkins.
History of Section. P.L. 2021, ch. 154, § 1, effective July 2, 2021; P.L. 2021, ch. 155, § 1, effective July 2, 2021.
(a) Any person including, but not limited to, students, parents, or school personnel may possess and use a topical sunscreen product, without a physician’s note or prescription, while on school property or at a school-related event, or activity, to avoid overexposure to the sun, if the product is regulated by the Federal Food and Drug Administration for over-the-counter use. Notwithstanding the foregoing, children enrolled in grades kindergarten through five (K-5) may only possess sunscreen on school property or at a school-related event or activity with a note from a parent or guardian.
(b) For the purposes of this section only, sunscreen is not to be considered an over-the-counter medication.
(c) Nothing in this section requires school personnel to assist pupils in applying sunscreen. Nothing in this section shall make the school district or its personnel liable for any damages.
(d) The school district may encourage schools to educate pupils on sun safety precautions.
History of Section. P.L. 2021, ch. 311, § 1, effective July 9, 2021; P.L. 2021, ch. 312, § 1, effective July 9, 2021.
(a) Schools play a critical role in addressing and mitigating the effects of child trauma by recognizing the impact of adversity and trauma on students, parents, and staff, and embedding policies and practices that foster well-being and resilience.
(b) Through alignment and integration with a multi-tiered system of support frameworks designed to support the academic, behavioral, social, and emotional needs of all students, the commissioner of elementary and secondary education shall develop a trauma-informed schools implementation plan, as well as necessary administrative guidance, professional development materials, and other resources to enable all elementary and secondary schools to:
(1) Establish and implement trauma-informed practices within all elementary and secondary education schools throughout the state, that:
(i) Promote a shared understanding among teachers, teacher’s assistants, school leaders, paraprofessionals, specialized instructional support personnel, and other staff that:
(A) Traumatic experiences are common among students;
(B) Trauma can impact student learning, behavior, and relationships in school;
(C) Traumatic experiences do not inherently undermine the capabilities of students to reach high expectations in academics and life;
(D) Schoolwide learning environments, where all students and adults feel safe, welcomed, and supported, can enable students to succeed despite traumatic experiences; and
(E) Services, supports, and programs provided to meet individual student needs should be trauma-informed, where appropriate, and increase student connection to the schoolwide learning environment. Provided, effective July 1, 2024, this requirement shall include integrating trauma-informed practices into emergency drills.
(ii) Adopt disciplinary procedures and practices that:
(A) Accompany disciplinary actions with holistic assessments and positive behavioral interventions and supports to address the underlying causes of student behavior, including trauma;
(B) Avoid harsh, punitive, or exclusionary disciplinary practices;
(C) Utilize evidence-based restorative practices with a focus on behavior modifications and building community, and less punitive or exclusionary practices that erode a culture of trust;
(D) Implement procedures to call skilled mental health personnel when there is a mental health breakdown, and resort to law enforcement only in extreme cases and/or when a student or students are at risk of bodily harm; and
(E) Do not discriminate on the basis of race, color, national origin, sex (including sexual orientation or gender identity), disability, English proficiency status, migrant status, or age.
(iii) Implement activities that engage teachers, teacher’s assistants, school leaders, paraprofessionals, specialized instructional support personnel, and other staff, in a process of school-based planning to:
(A) Promote a schoolwide culture of acceptance;
(B) Help all students feel safe and connected to the school community;
(C) Support all students to form positive relationships with adults and peers, understand and manage emotions, achieve success academically and in extracurricular areas, and experience physical and psychological health and well-being;
(D) Promote teamwork and effective communication among all staff and shared responsibility for every student;
(E) Integrate evidence-based practices that build social-emotional skills into rigorous academic instruction;
(F) Support trauma-sensitive and informed approaches to multi-tiered system of supports (“MTSS”) function of team-based leadership, tiered delivery system, selection and implementation of instruction and intervention, comprehensive screening and assessment system, and continuous data-based decision-making; and
(G) Recognize and prevent adult implicit bias.
History of Section. P.L. 2022, ch. 396, § 1, effective June 30, 2022; P.L. 2022, ch. 397, § 1, effective June 30, 2022; P.L. 2024, ch. 174, § 2, effective July 1, 2024; P.L. 2024, ch. 175, § 2, effective July 1, 2024.
(a) There is hereby established a trauma-informed schools commission (hereinafter the “commission”). The commission shall meet at least quarterly or approximately four (4) times per year in fiscal years 2023 and 2024. It shall expire on June 30, 2024. Members of the commission shall serve without compensation.
(b) The commission shall be appointed by the council on elementary and secondary education no later than September 30, 2022, and shall be comprised of twelve (12) members: one of whom shall be the commissioner of elementary and secondary education, or designee; one of whom shall be a representative of the RI school superintendents association; one of whom shall be appointed from among the leadership of the state’s teachers’ unions; one of whom shall be the child advocate; one of whom shall be a representative of a Rhode Island-based institution of higher education with expertise in child development, child mental and behavioral health, trauma-informed educational practices, or a related field; two (2) of whom shall be representatives of youth-serving community-based organizations that provide direct services to youth who have experienced, or are at high risk of experiencing trauma; one of whom shall be a licensed clinical social worker, who primarily works with youth and/or families; one of whom shall be a representative of the Rhode Island Chapter of the American Academy of Pediatrics; one of whom shall be the executive director of RI Kids Count, or designee; one of whom shall be the president of Adoption RI, or designee; and one of whom shall be a representative of an organization that engages and/or supports parents of school-age children, with priority given to representation from a parent-led organization.
(c) The department of elementary and secondary education shall provide necessary staff and material support to the commission in the furtherance of its purpose.
(d) The purpose of the commission shall be to assist the department of elementary and secondary education with the implementation of the trauma-informed schools act, as set forth in this section and § 16-21-40.
(e) In furtherance of its purpose, the commission shall undertake such actions as it determines appropriate, which shall include, but not be limited to, the following:
(1) Conducting a review and assessment of existing trauma-informed school and community-based resources and initiatives across the state;
(2) Informing the development of a trauma-informed school implementation plan and supporting materials, that shall be submitted to the council on elementary and secondary education for approval no later than April 1, 2024;
(3) Researching, identifying, and cataloging state, federal, and philanthropic funding sources that align with the provisions of this section and § 16-21-40;
(4) No later than March 1, 2023, submitting an interim report to the speaker of the house, the president of the senate, and the governor, that provides an update on the commission’s initial findings, work plan, and any preliminary recommendations for regulatory or legislative action to promote the implementation of trauma-informed practices in schools; and
(5) No later than June 30, 2024, submitting a final report to the speaker of the house, the president of the senate, and the governor, that details the commission’s findings and recommendations for implementing trauma-informed practices in every elementary and secondary school in Rhode Island.
(f) The commission shall elect a chairperson from its membership. A quorum of the commission at any meeting shall consist of at least seven (7) members.
(g) All departments, boards, and agencies of the state shall cooperate with the commission and forthwith furnish any advice and information, documentary and otherwise, as may be necessary or desirable to facilitate the purposes of this chapter.
(h) The department of education is authorized and directed to provide suitable quarters for commission meetings.
History of Section. P.L. 2022, ch. 396, § 1, effective June 30, 2022; P.L. 2022, ch. 397, § 1, effective June 30, 2022.
(a) The department of education (RIDE), in consultation with the department of health, shall develop type 1 diabetes informational materials for the parents and guardians of students. The informational materials shall be made available to each school district, charter school, and mayoral academy through RIDE’s website. The informational materials shall be provided in a multilingual format set forth in at a minimum, the three (3) most common foreign languages used by the parents of public school students.
(b) On and after January 1, 2025, the governing board of each school district and governing body of a charter school and mayoral academy shall make the type 1 diabetes informational materials accessible to the parent or guardian of every student when the student is first enrolled in elementary school.
(c) Information provided to parents and guardians pursuant to this section may include, but shall not be limited to, all of the following:
(1) A description of type 1 diabetes.
(2) A description of the risk factors and warning signs associated with type 1 diabetes.
(3) A recommendation regarding those students displaying warning signs associated with type 1 diabetes that the parents or guardians of those students should immediately consult with the student’s primary care provider to determine if immediate screening for type 1 diabetes is appropriate.
(4) A description of the screening process for type 1 diabetes and the implications of test results.
(5) A recommendation that, following a type 1 diagnosis, parents or guardians should consult with the student’s primary care provider to develop an appropriate treatment plan, which may include consultation with and examination by a specialty care provider, including, but not limited to, a properly qualified endocrinologist.
History of Section. P.L. 2024, ch. 103, § 1, effective June 12, 2024; P.L. 2024, ch. 104, § 1, effective June 12, 2024.
(a)(1) Each public school shall have a policy regarding the use of personal electronic devices on school grounds and during school-sponsored activities to reduce distractions, maintain environments focused on learning, and protect the privacy and safety of students and staff. Each public school shall notify the parents or guardians of all students attending the school of the policy. The policy shall include, but not be limited to, a prohibition on physical access to a personal electronic device by students during the school day as defined by the department of education and the commission of elementary and secondary education pursuant to §§ 16-2-2 and 16-2-9 and any regulations promulgated thereunder including, but not limited to, 200-RICR-20-05-1.
(2) The district shall make exceptions for student personal device use that provide access to assistive technology necessary to comply with individualized student 504 plans, individualized education plans (IEP), medical needs such as glucose monitoring, and/or a plan to support emergent multilingual learners (MLL) students with appropriate language access programs and services to ensure the provision of appropriate, meaningful public education. The allowable exceptions shall be written into the student’s identified plan and approved by the appropriate team or coordinator.
(3) Students provided an exception to this policy shall not be segregated from students without such exception. Exceptions shall also be made in the event of an emergency.
(b) For the purposes of this section, a “personal electronic device” means a smartphone, mobile phone, tablet, computer, smartwatch, or other electronic device not owned or provided to a student by a public school that is capable of communication through the internet or a wireless network.
(c) The policy and any standards and rules enforcing the policy shall be prescribed by the school committee in conjunction with the superintendent or the board of trustees of a charter school and in consultation with any collective bargaining agents that represent school staff. The policy shall be enforced consistently by school administration, be systematic in nature, and should minimize the potential for conflict between students, parents, educators, and staff.
(d) No school official, employee, or agent of the school shall search the contents of any personal electronic device covered by this chapter that is retained by the school during school hours and not in the student’s possession in a locked pouch or container.
(e) The department of elementary and secondary education shall, in consultation with the attorney general’s office and the department of health, provide guidance and recommendations to assist schools with developing and implementing effective policies regarding the use of personal electronic devices on school grounds and during school-sponsored activities consistent with this section and shall make such guidance and recommendations publicly available on the department’s website. Guidance and recommendations shall be reviewed annually and regularly updated to reflect applicable research and best practices.
(f) Each school district and charter school shall file its school personal electronic device use policy with the department of elementary and secondary education in a manner and form prescribed by the department.
History of Section. P.L. 2025, ch. 109, § 1, effective August 1, 2026; P.L. 2025, ch. 110, § 1, effective August 1, 2026.
This chapter shall be construed and applied to:
(1) Create a state plan for the busing of pupils beyond city or town limits, in recognition of the legislative policy to encourage the establishment of and continuance of consolidated and regional schools;
(2) Provide a unified statewide busing service;
(3) Afford to pupils who attend public schools the opportunity at the election of the school committee of the city or town in which the pupils reside to attend a public school, either full time or part time, outside of the city or town which provides a program or curriculum not available within the city or town in which the pupil resides, as authorized by § 16-3.1-1 et seq.;
(4) Afford to children with disabilities equal educational opportunity;
(5) Afford bus transportation to pupils who attend nonpublic nonprofit schools which are consolidated, regionalized, or otherwise established to serve residents of a specific area within the state, and who may be counted for purposes of reimbursement to cities and towns under the state aid formula provided by § 16-7-22 et seq.;
(6) Conserve valuable natural resources by reducing the number of vehicles necessary to transport pupils to school; and
(7) Provide for the transportation of public school students who attend schools located outside of the city or town in which they reside, to protect the health, safety, and welfare of pupils who live at such distances from the schools which they attend as to make it impractical or hazardous to require the pupil to walk to school.
History of Section. P.L. 1977, ch. 149, § 1; P.L. 1999, ch. 83, § 25; P.L. 1999, ch. 130, § 25.
(a) There are hereby established school bus districts within the state to provide bus transportation in the interest of public safety, health, and welfare for pupils in grades kindergarten through twelve (12), or in special education programs, who attend public schools, including vocational schools and special education programs provided in accord with regulations of the board of regents for elementary and secondary education, consolidated schools, regional schools established under the provisions of § 16-3-1 et seq., or who participate in cooperative programs as provided by § 16-3.1-1 et seq., and nonpublic nonprofit schools which are consolidated, regionalized, or otherwise established to serve residents of a specific area within the state which schools satisfy the requirements of law for any of the grades of school, kindergarten through twelve (12), as follows:
(1) Region I: The towns of Burrillville, North Smithfield, and Cumberland, and the city of Woonsocket;
(2) Region II: The county of Kent, except the town of West Greenwich and the towns of Foster, Glocester, and Scituate;
(3) Region III: The towns of Lincoln, Smithfield, Johnston, North Providence, Barrington, Warren, and Bristol, and the cities of Cranston, Central Falls, East Providence, Pawtucket, and Providence;
(4) Region IV: The county of Washington and the towns of Jamestown and West Greenwich;
(5) Region V: The towns of Little Compton, Middletown, Portsmouth, and Tiverton, and the city of Newport.
(b) A pupil attending a school, including a public school, vocational school, special education program provided in accord with regulations of the board of regents for elementary and secondary education, a regional school established under the provisions of § 16-3-1 et seq., as authorized by § 16-3.1-1 et seq., or a nonpublic nonprofit school for grades kindergarten through twelve (12), consolidated, regionalized, or otherwise established to serve residents of a specific area within the state for any of the grades of schools, kindergarten through twelve (12), in the interest of public safety, health, and welfare, shall be provided with bus transportation to the school or facility which the pupil attends, within the region in which the pupil resides, by the school committee of the city or town within which the pupil resides. The cost of transporting a pupil attending a charter school, the William M. Davies, Jr. Career and Technical High School (“Davies”), or the Metropolitan Regional Career and Technical Center (“the Met Center”) within the established region shall be charged to the receiving school at the same grade level transportation per pupil cost of the resident district. Districts may offer transportation to charter schools, Davies, or the Met Center outside the established region in order to facilitate efficiency provided there is not additional cost to the resident district.
History of Section. P.L. 1977, ch. 149, § 1; P.L. 1988, ch. 84, § 51; P.L. 2010, ch. 124, § 2; P.L. 2010, ch. 125, § 2.
(a) Variances to require a city or town to provide bus transportation to a pupil who attends a school, except a special education facility, outside the region in which the pupil resides shall be granted by the commissioner of elementary and secondary education if he or she finds that:
(1) There is no similar school within the region;
(2) The transportation is necessary to provide an educational opportunity which the pupil has a right to pursue; and
(3) The school building which the pupil attends is within fifteen (15) miles of the city or town of which the pupil is a resident.
(b) Variances to require a city or town to provide bus transportation to a pupil entitled to enrollment in a special education program, provided in accord with regulations of the board of regents for elementary and secondary education, shall be granted by the commissioner of elementary and secondary education if he or she finds that the transportation is necessary in order that the pupil enroll in a special education facility located outside of the region and there is no similar facility within the region.
History of Section. P.L. 1977, ch. 149, § 1.
It shall be the duty of the respective school committees of the city or town to provide the bus transportation required by this chapter, either by the use of its own bus facilities and personnel or by contract. School committees may enter into contracts as they deem necessary in order to accomplish the requirements of this chapter, and may enter into cooperative agreements with other school committees for the purposes of conforming to the requirements of this chapter.
History of Section. P.L. 1977, ch. 149, § 1.
All controversies arising out of application of any provision of this chapter shall be determined by the commissioner of elementary and secondary education or his or her designated hearing officer who shall afford a hearing to the pupil and school committee concerned, and, after a hearing, shall render a decision. The decision of the commissioner, or the grant or denial of a variance shall be final except that the pupil or school committee aggrieved by the decision or the grant or denial of a variance shall have a right of appeal to the superior court which shall affirm the decision or the grant or denial of a variance unless it is clearly erroneous or contrary to law.
History of Section. P.L. 1977, ch. 149, § 1; P.L. 1979, ch. 369, § 1.
All acts or parts of acts and all regulations relating to or providing for transportation of pupils beyond city or town limits, except as provided in this chapter, are repealed and are null and void.
History of Section. P.L. 1977, ch. 149, § 1.
[Repealed]
History of Section. P.L. 2006, ch. 266, § 1; P.L. 2006, ch. 553, § 1; P.L. 2007, ch. 229, § 1; P.L. 2007, ch. 237, § 1; P.L. 2009, ch. 5, art. 12, § 2; P.L. 2010, ch. 23, art. 8, § 3; Repealed by P.L. 2011, ch. 151, art. 10, § 1, effective June 30, 2011.
(a) Notwithstanding the regional structure created in this chapter, and upon implementation of a statewide school transportation system for all students, each school committee shall purchase the transportation services for their own resident students by accessing this integrated statewide system of transportation on a fee-for-service basis for each child; provided, however, that any school committee that fulfills its transportation obligations predominantly through the use of district-owned buses or district employees may apply for a variance from the commissioner of education, or the commissioner’s designee, thereby requesting that its transportation obligations continue to be achieved through the use of the buses owned by the district and staffed by district employees. All fees paid for transportation services provided to students under the statewide system shall be paid into a statewide student transportation services restricted receipt account within the department of elementary and secondary education. Payments from the account shall be limited to payments to the transportation service provider and transportation system consultants. This restricted receipt account shall not be subject to the indirect cost recoveries provisions set forth in § 35-4-27. The goals of the statewide system of transportation for all students shall be the reduction of duplication of cost and routes in transporting children from the various cities and towns using different buses within and between each city and town, the improvement of services to children through the development of shorter ride times and more efficient routes of travel, and the reduction of cost to local school committees through achieving efficiency in eliminating the need for each school district to contract for and provide these transportation services separately.
(b) There shall be deducted from the final aid payment to each school district any amounts owed to the state at the end of the fiscal year for transportation of the district’s students under the statewide transportation system established pursuant to this section. Districts shall receive monthly invoices summarizing the basis of the transportation fees charged. Any such deductions in aid shall be transferred to the statewide student transportation services restricted receipt account, as set forth in § 35-4-27.
(c) No school committee shall negotiate, extend, or renew any public transportation service contract unless the contract provides for payments to school bus drivers, attendants, monitors, and aides for one hundred and eighty (180) days or the length of the contracted-for school year, whichever is longer.
(d) With respect to any contract entered into under this section, a school committee or local education agency shall give a preference in contract and/or subcontract awards to the public transportation provider that uses electric buses to the greatest extent. This preference shall be given equal weight to any other preferences available to vendors.
(e) With respect to any contract entered into under this section, no school committee or local education agency (“LEA”) shall take any adverse disciplinary action against any school bus driver, attendant, monitor, or aide covered by a collective bargaining agreement prior to any investigation or action taken by the contracting entity as provided for in the collective bargaining agreement. Nor shall the school committee or LEA impose discipline in excess of what is provided for in the governing collective bargaining agreement.
History of Section. P.L. 2006, ch. 266, § 1; P.L. 2006, ch. 553, § 1; P.L. 2007, ch. 237, § 1; P.L. 2009, ch. 5, art. 12, § 2; P.L. 2010, ch. 23, art. 8, § 3; P.L. 2011, ch. 151, art. 10, § 2; P.L. 2021, ch. 292, § 2, effective July 9, 2021; P.L. 2021, ch. 293, § 2, effective July 9, 2021.
Upon implementation of the statewide system of transportation, the department of elementary and secondary education shall manage and oversee the system in collaboration with the office of statewide planning at the department of administration, and the Rhode Island public transit authority. Should outsourcing of this function be deemed more efficient, management of the system may be delegated to an outside consultant through a competitive request for proposals.
History of Section. P.L. 2009, ch. 5, art. 12, § 3.
This chapter shall be known as “The Rhode Island Substance Abuse Prevention Act”.
History of Section. P.L. 1987, ch. 375, § 1.
In recognition of the growing problem of substance use and abuse that municipalities face the purpose of this chapter is as follows:
(1) To promote the opportunity for municipalities to establish a comprehensive substance abuse prevention program addressing the specific needs of each individual municipality.
(2) To encourage the development of partnership among municipal governments, school systems, parents, and human service providers to serve the interest of the community in addressing the need for a comprehensive substance abuse prevention program.
(3) To promote a substance abuse prevention program in every community.
(4) To provide financial assistance for the planning, establishment, and operation of substance abuse prevention programs.
(5) To encourage municipal governments, in cooperation with school systems and human services organizations to jointly assess the extent of the substance abuse problem in their community.
History of Section. P.L. 1987, ch. 375, § 1.
(a) All municipal governments or their designated agents shall have the power to establish, operate, conduct, and/or make provision for programs to provide a comprehensive substance abuse prevention program.
(b) The appropriate municipal authority shall adopt rules and regulations governing the substance abuse prevention program including an application and contracting procedure by which qualified groups may apply to operate a substance abuse prevention program.
(c) Substance abuse prevention programs shall comply with all applicable provisions of the general laws with all applicable state rules and regulations.
History of Section. P.L. 1987, ch. 375, § 1; P.L. 1992, ch. 418, § 2.
(a) The department of behavioral healthcare, developmental disabilities and hospitals shall be charged with the administration of this chapter and shall provide grants to assist in the planning, establishment, and operation of substance abuse prevention programs. Grants under this section shall be made to municipal governments or their designated agents according to the following guidelines:
(1) The maximum grant shall be one hundred twenty-five thousand dollars ($125,000); provided, however, in the event that available funding exceeds $1.6 million in a fiscal year, those surplus funds are to be divided proportionately among the cities and towns on a per capita basis but in no event shall the city of Providence exceed a maximum grant cap of $175,000.00.
(2) In order to obtain a grant, the municipality or its designated agent must in the first year:
(i) Demonstrate the municipality’s need for a comprehensive substance abuse program in the areas of prevention and education.
(ii) Demonstrate that the municipality has established by appropriate legislative or executive action, a substance abuse prevention council which shall assist in assessing the needs and resources of the community, developing a three (3) year plan of action addressing the identified needs, the operation and implementation of the overall substance abuse prevention program; coordinating existing services such as law enforcement, prevention, treatment, and education; consisting of representatives of the municipal government, representatives of the school system, parents, and human service providers.
(iii) Demonstrate the municipality’s ability to develop a plan of implementation of a comprehensive three (3) year substance abuse prevention program based on the specific needs of the community to include high risk populations of adolescents, children of substance abusers, and primary education school aged children.
(iv) Agree to conduct a survey/questionnaire of the student population designed to establish the extent of the use and abuse of drugs and alcohol in students throughout the local community’s school population.
(v) Demonstrate that at least twenty percent (20%) of the cost of the proposed program will be contributed either in cash or in-kind by public or private resources within the municipality.
(b) The department of behavioral healthcare, developmental disabilities and hospitals shall adopt rules and regulations necessary and appropriate to carry out the purposes of this section.
History of Section. P.L. 1987, ch. 375, § 1; P.L. 1992, ch. 67, § 1; P.L. 1992, ch. 418, § 2; P.L. 1995, ch. 370, art. 14, § 8; P.L. 2013, ch. 501, § 33.
(a) Money to fund the Rhode Island Substance Abuse Prevention Act shall be appropriated from state general revenues and shall be raised by assessing an additional penalty of thirty dollars ($30.00) for all speeding violations as set forth in § 31-43-5.1. The money shall be deposited as general revenues. The department of behavioral healthcare, developmental disabilities and hospitals may utilize up to ten percent (10%) of the sums appropriated for the purpose of administering the substance abuse prevention program.
(b) Grants made under this chapter shall not exceed money available in the substance abuse prevention program.
History of Section. P.L. 1987, ch. 375, § 1; P.L. l988, ch. 569, § 1; P.L. 1992, ch. 418, § 2; P.L. 1993, ch. 138, art. 26, § 1; P.L. 1995, ch. 370, art. 14, § 8; P.L. 1995, ch. 370, art. 40, § 177; P.L. 2000, ch. 109, § 27; P.L. 2013, ch. 501, § 33.
The department of behavioral healthcare, developmental disabilities and hospitals shall establish guidelines and criteria for the acceptance of grant applications and the disbursement of grants.
History of Section. P.L. 1987, ch. 375, § 1; P.L. 1992, ch. 418, § 2; P.L. 1995, ch. 370, art. 14, § 8; P.L. 2013, ch. 501, § 33.
All funds awarded to municipal governments under the provisions of this chapter shall be held in a separate account and not placed in the municipal government’s general fund and shall only be used in furtherance of this chapter.
History of Section. P.L. 1987, ch. 375, § 1.
The director of the department of behavioral healthcare, developmental disabilities and hospitals or his or her designated agent shall make an annual report by September 1 of each year to the governor and the general assembly on the administration of the program.
History of Section. P.L. 1987, ch. 375, § 1; P.L. 1992, ch. 418, § 2; P.L. 1995, ch. 370, art. 14, § 8; P.L. 2013, ch. 501, § 33.
There is established a permanent legislative oversight commission on substance abuse prevention whose purpose it shall be to oversee the implementation and administration of the Rhode Island Substance Abuse Prevention Act and to advise and make recommendations to the general assembly as to the adequacy and efficiency of all statutes, rules, regulations, guidelines, practices, and programs relating to substance abuse prevention. The commission shall consist of twelve (12) members: five (5) members shall be appointed by the speaker of the house of representatives from among the members of the house of representatives, not more than four (4) of whom shall be from the same political party; three (3) members shall be appointed by the president of the senate from among the members of the senate, not more than two (2) of whom shall be from the same political party; and one member (ex officio) shall be the director of the department of behavioral healthcare, developmental disabilities and hospitals and one member (ex officio) shall be the director of the department of health or designee; and a Rhode Island Substance Abuse Prevention Act task force member to be appointed by the chairperson of the commission; and a public member appointed by the chairperson of the commission. The chairperson of the commission shall be appointed by the speaker of the house of representatives. Members of the commission shall serve without compensation, except that they shall be allowed their actual and necessary expenses incurred in the performance of their duties under this section. The commission may request and shall receive from any instrumentality of the state, including the division of substance abuse of the department of behavioral healthcare, developmental disabilities and hospitals and from any municipality or any instrumentality of a municipality, any information and assistance that it deems necessary for the proper execution of its powers and duties under this section. The commission shall meet at least quarterly and shall report at least annually to the general assembly on its findings and recommendations with respect to:
(1) All existing substance abuse prevention programs;
(2) All rules, regulations, and guidelines promulgated pursuant to the Rhode Island Substance Abuse Prevention Act;
(3) Administration of the Rhode Island Substance Abuse Prevention Act; and
(4) Any other matters relating to substance abuse prevention efforts in the state.
History of Section. P.L. 1987, ch. 375, § 1; P.L. 1991, ch. 284, § 6; P.L. 1992, ch. 418, § 2; P.L. 1995, ch. 370, art. 14, § 8; P.L. 2001, ch. 180, § 14; P.L. 2013, ch. 501, § 33.
If any provisions of this chapter are declared unconstitutional, or the applicability of any provisions to any person or circumstance is held invalid, the constitutionality of the remainder of this chapter and its applicability to other persons and circumstances shall not be affected thereby.
History of Section. P.L. 1987, ch. 375, § 1.
(a) Any student enrolled in any secondary or elementary school shall be prohibited from carrying, possessing or using a paging device of any kind or a laser pointer of any kind on school property, except with the written consent of the principal of the school in which the student is enrolled.
(b) The penalty for violation of this section shall be the confiscation of the device.
History of Section. P.L. 1990, ch. 475, § 1; P.L. 1999, ch. 486, § 1.
In recognition of the growing problem of substance use and abuse among youth and that the average age of onset of substance use and abuse is middle school age, the purpose of this chapter is as follows:
(1) To establish a student assistance program in every public junior high/middle school based upon the model currently operating successfully in Rhode Island high schools.
(2) The student assistance program will address the following areas:
(i) Identification and supportive services for high risk youth;
(ii) Primary prevention programming in junior high/middle schools;
(iii) Assessment and referral services for substance abuse problems;
(iv) School staff training on integration of prevention/intervention program;
(v) Parent and community programming for substance abuse prevention;
(vi) Focused prevention/support groups for high risk youth;
(vii) Development and integration of school substance abuse policy with prevention/intervention services;
(viii) To promote integration between student assistance programs and community substance abuse prevention task forces.
(3) To establish a pilot student assistance program in public elementary schools to the extent that funds are available from the junior high/middle school student assistance fund for that purpose.
(4) To establish a student assistance program in every public high school to the extent that funds are available.
History of Section. P.L. 1989, ch. 486, § 1; P.L. 1990, ch. 65, art. 57, § 1.
(a) The department of behavioral healthcare, developmental disabilities and hospitals shall be charged with the administration of this chapter and shall contract with appropriate substance abuse prevention/intervention agencies to provide student assistance services in junior high/middle schools.
(b) Following the first complete year of operation, school systems receiving junior high/middle school student assistance services will be required to contribute twenty percent (20%) of the costs of student assistance counselors to the service provider agency in order to continue the services.
History of Section. P.L. 1989, ch. 486, § 1; P.L. 1992, ch. 418, § 3; P.L. 1995, ch. 370, art. 14, § 9; P.L. 2013, ch. 501, § 36.
(a) Money to fund this program shall be raised by assessing an additional substance abuse prevention assessment of thirty dollars ($30.00) for all moving motor vehicle violations handled by the traffic tribunal including, but not limited to, those violations set forth in § 31-41.1-4, except for speeding. The money shall be deposited in a restricted purpose receipt account separate from all other accounts within the department of behavioral healthcare, developmental disabilities and hospitals. The restricted purpose receipt account shall be known as the junior high/middle school student assistance fund and the traffic tribunal shall transfer money from the junior high/middle school student assistance fund to the department of behavioral healthcare, developmental disabilities and hospitals for the administration of the Rhode Island Student Assistance Junior High/Middle School Act.
(b) The department of behavioral healthcare, developmental disabilities and hospitals may utilize up to ten percent (10%) of the sums collected from the additional penalty for the purpose of administering the program.
History of Section. P.L. 1989, ch. 486, § 1; P.L. 1990, ch. 65, art. 57, § 1; P.L. 1991, ch. 284, § 1; P.L. 1992, ch. 418, § 3; P.L. 1992, ch. 488, § 6; P.L. 1993, ch. 138, art. 26, § 2; P.L. 1994, ch. 70, art. 35, § 5; P.L. 1995, ch. 370, art. 14, § 9; P.L. 2001, ch. 86, § 39; P.L. 2013, ch. 501, § 36.
The director of the department of behavioral healthcare, developmental disabilities and hospitals or his or her designated agent shall make an annual report by September 1 of each year to the governor and general assembly on the administration of the program and shall submit to the governor and the general assembly the results of an independent evaluation of the substance abuse prevention program created in accordance with this section.
History of Section. P.L. 1989, ch. 486, § 1; P.L. 1992, ch. 418, § 3; P.L. 1995, ch. 370, art. 14, § 9; P.L. 2001, ch. 86, § 39; P.L. 2013, ch. 501, § 36.
The established permanent legislative oversight commission on substance abuse prevention shall oversee the implementation and administration of this chapter and shall advise and make recommendations to the general assembly as to the adequacy and efficiency of all statutes, rules, regulations, guidelines, practices, and programs relating to substance abuse prevention. Members of the commission shall serve without compensation, except that they shall be allowed their actual and necessary expenses incurred in the performance of their duties under this section. The commission may request and shall receive from any instrumentality of the state, including the division of substance abuse services of the department of behavioral healthcare, developmental disabilities and hospitals, and from any municipality or any instrumentality of the municipality, any information and assistance it deems necessary for the proper execution of its powers and duties under this section. The commission shall meet at least quarterly and shall report at least annually to the general assembly on its findings and recommendations with respect to: (a) all existing substance abuse prevention programs; (b) all rules, regulations, and guidelines promulgated pursuant to this chapter; (c) administration of this chapter; (d) any other matters relating to substance abuse prevention efforts in the state. The legislative oversight commission shall have the authority to designate or commit after careful evaluation unexpended funds from this chapter and chapter 21.2 of this title to appropriate substance abuse prevention programming and/or planning.
History of Section. P.L. 1989, ch. 486, § 1; P.L. 1992, ch. 418, § 3; P.L. 1995, ch. 370, art. 14, § 9; P.L. 2013, ch. 501, § 36.
(a) For the purposes of this chapter “performance-enhancing dietary supplement” means a dietary supplement designed or marketed to improve athletic performance or physical development by promoting body or muscle growth, stimulating or altering the cardiovascular system or the central nervous system, altering the perception of pain, or otherwise enhancing athletic performance or physical development above levels that would be anticipated under normal conditions with appropriate nourishment;
(b) “Performance-enhancing dietary supplement” does not include a dietary supplement in which the only ingredients consist of one or more of the following:
(1) Vitamins or minerals.
(2) Authorized food additives, color additives, ingredients authorized by prior sanction, or those classified as generally recognized as safe for use in foods as defined in the federal Food, Drug, and Cosmetic Act (21 U.S.C. Sec. 301 et seq.), and accompanying federal regulations, except for caffeine in excess of 200 milligrams per serving, if these ingredients are used in a dietary supplement at the levels, and for the purposes, for which they may be used in foods.
History of Section. P.L. 2005, ch. 244, § 1; P.L. 2005, ch. 246, § 1.
(a) No teacher, athletic director, sports coach, or other school official or employee may knowingly sell or distribute to students or knowingly promote the use by students of any performance-enhancing dietary supplement.
(b) No high school or public or private university or college may accept any sponsorship or other payment from a performance-enhancing dietary supplement manufacturer to promote such manufacturer’s performance-enhancing dietary supplement.
History of Section. P.L. 2005, ch. 244, § 1; P.L. 2005, ch. 246, § 1.
(a) The director of the department of health, in consultation with the commissioner of the state department of elementary and secondary education shall develop a list of performance-enhancing dietary supplements for the purposes of this chapter. The list shall be developed on or before January 1, 2007, and may be amended by the director of the department of health at any time. The director of the department of health shall submit the list to the director of the department of elementary and secondary education on or before January 1, 2007. Upon receipt of this list, the department of elementary and secondary education shall notify each school district that contains grades 9 to 12, inclusive, that this list has been completed and shall post the list on its website. Any amendments to this list shall be submitted to the department of elementary and secondary education no later than December 31 of the year in which the amendments are made. Upon receipt of amendments to this list, the department of elementary and secondary education shall annually notify each school district that contains grades 9 to 12, inclusive, that this list has been amended and shall post the amended list on its website.
(b) In developing this list, the director of the department of health shall refer to the existing lists of prohibited substances used by collegiate, professional, or Olympic sports organizations and shall develop the list so that it is appropriate to interscholastic sports.
History of Section. P.L. 2005, ch. 244, § 1; P.L. 2005, ch. 246, § 1.
(a) Effective September 1, 2006, each mandatory first aid course for athletic coaches required pursuant to § 16-11-1 shall include health information relating to performance-enhancing dietary supplements consistent with the purposes of this chapter.
(b) For the purposes of this section, “high school sports coach” means an employee or a volunteer who is authorized by a high school to be responsible for leading a school sports team of pupil athletes.
(c) Upon completion of this program, a high school sports coach shall be deemed to have completed the education requirement relating to this chapter for the remainder of his or her time coaching at the high school level in any school district in the state.
(d) If an existing coach is unavailable to lead his or her team, a substitute coach who does not meet the requirements of subdivision (a) may be used for no longer than one season of interscholastic competition.
History of Section. P.L. 2005, ch. 244, § 1; P.L. 2005, ch. 246, § 1.
(a) Community policing and the presence of school resource officers on school campuses serve a vital role fostering a safe learning environment for pupils, faculty and staff.
(b) In order to enable school resource officers to more effectively fulfill this role, it is the intent of the legislature to encourage them to form positive relationships with both parents and pupils who are part of the school community.
(c) It is also vitally important that parents be given meaningful opportunity to be active and informed participants in situations involving interaction with school resource officers or other members of the law enforcement community in the school setting.
(d) In furtherance of this objective, it is the intent of the legislature to increase the level of participation of parents when their minor children are being questioned by law enforcement in school or at a school-sponsored activity.
History of Section. P.L. 2005, ch. 409, § 1.
(a) Before making an elementary school pupil available to a law enforcement officer for the purpose of being questioned, the principal of the elementary school, or his or her designee, shall take immediate steps to obtain the oral consent of the parent or guardian of the pupil to permit the questioning.
(b) If the parent or guardian requests that the pupil not be questioned until he or she can be present, the pupil may not be made available to the law enforcement officer for questioning until the parent or guardian is present.
(c) If school officials are unable, after reasonable efforts undertaken within a period not to exceed one hour, to contact a parent or guardian in order to obtain consent pursuant to this subdivision, a school administrator, school counselor, or school teacher who is reasonably available and selected by the pupil, shall be present during the questioning.
(d) If the school administrator, school counselor, or school teacher selected by the pupil declines to be present during the questioning, the principal, or his or her designee, shall be present during the questioning.
(e) In those cases in which school officials are unable to contact the pupil’s parent or guardian, after the questioning has been completed, the principal or his or her designee shall immediately notify the parent or guardian that the questioning has occurred and make the staff member who was present during the questioning available to inform the parent or guardian about questioning.
History of Section. P.L. 2005, ch. 409, § 1.
(a) Before making a high school pupil under eighteen (18) years of age available to a law enforcement officer for the purpose of questioning, the principal of the school, or his or her designee, shall inform the pupil that the pupil has the right to request that his or her parent or guardian or an adult family member, or person on the list of emergency contacts for the pupil be present during the questioning.
(b) If the person selected by the pupil cannot be made available within a reasonable period of time, not exceeding one hour, or declines to be present at the questioning, the principal or his or her designee shall inform the pupil that the pupil may select as an alternate, a school administrator, school counselor, or school teacher who is reasonably available to be present during the questioning.
(c) If the person selected by the pupil declines to be present during the questioning, the principal, or his or her designee, shall so inform the pupil and advise the pupil that the principal, or his or designee, will be present during the questioning if the pupil so requests.
(d) If the pupil exercises his or her right, pursuant to this subsection, to have one of the persons designated in paragraph (a), (b) or (c) present during the questioning, the pupil may not be made available to the law enforcement officer for questioning until that person is present.
History of Section. P.L. 2005, ch. 409, § 1.
The provisions of §§ 16-21.5-2 and 16-21.5-3 shall not apply if any of the following conditions exist:
(a) The law enforcement officer reasonably believes that, due to exigent circumstances, the inability of the officer to immediately question the pupil will materially interfere with the ability of the officer to conduct his or her investigation and any delay would significantly impede the timely apprehension of a suspect. In that case, if an elementary school pupil is being questioned, the principal or his or her designee shall be present during the questioning and shall take immediate and continuous steps to notify the parent or guardian by telephone about the questioning, and if unsuccessful in doing so before the questioning, shall take immediate steps to notify the parent or guardian about the questioning after the questioning has been completed. If a high school pupil is being questioned, the pupil shall be given the option of having the principal, or his or her designee, present during the questioning.
(b) The law enforcement officer reasonably believes that there is a substantial risk of immediate personal injury or substantial property damage. In that case, if an elementary school pupil is being questioned, the principal or his or her designee shall be present during the questioning and shall take immediate and continuous steps to notify the parent or guardian by telephone regarding the questioning, and if unsuccessful in doing so before the questioning is completed, shall take immediate steps to notify the parent or guardian regarding the questioning after it has been completed. If a high school pupil is being questioned, the pupil shall be given the option of having the principal or his or her designee present during the questioning.
(c) The minor pupil being questioned is suspected of being a victim of child abuse or neglect, and either the principal or his or her designee or the law enforcement officer has reasonable belief that the pupil would be endangered by the notification requirements of § 16-21.5-2 or § 16-21.5-3. In that case, if the pupil is an elementary school pupil, the principal of the school, or his or her designee, shall inform the pupil that the pupil has the right to select a school administrator, school counselor or school teacher who is reasonably available to be present during the questioning, as provided in paragraphs (c) and (d) of § 16-21.5-2. If the pupil is a high school pupil, the principal of the school, or his or her designee, shall inform the pupil that the pupil has the right to select another person to be present during the questioning as provided in subsection 16-21.5-3(b).
(d)(1) In the case of an elementary school pupil, the law enforcement officer’s questioning of the pupil concerns the commission of criminal activity by the person who would otherwise be present during the questioning pursuant to § 16-21.5-2. In that case, the principal of the school, or his or her designee, shall inform the pupil that the pupil has the right to select a school administrator, school counselor, or school teacher who is reasonably available to be present during the questioning as provided in subsection 16-21.5-2(c).
(2) In the case of a high school pupil, the law enforcement officer’s questioning of the pupil concerns the commission of criminal activity by the person selected by the pupil pursuant to § 16-21.5-3. In that case, the principal of the school, or his or her designee, shall so inform the pupil and advise that the pupil has the right to select another person to be present during the questioning as provided in subsection 16-21.5-3(c).
(e) The pupil is on probation or parole and is being interviewed or otherwise contacted by a probation or parole officer in the normal course of duties of the probation or parole officer.
(f) Except in exigent circumstances as determined by the law enforcement officer, any questioning of a pupil by a law enforcement officer for any reason other than the ordinary, day-to-day conversation that is to be expected among members of a school community, shall take place in a private location, including, but not limited to, the principal’s office, and may not take place in a classroom or hallway or other areas where pupils or others may be present.
(g) A school official present during the questioning of a pupil under this section may not disclose matters discussed with the pupil other than to the parent or guardian of the pupil, the attorney for the pupil, other school officials, or a court.
(h) Any school officer or staff member present at the questioning of the pupil by a law enforcement officer pursuant to this section is immune from civil or criminal liability arising from his or her participation during the questioning of the pupil.
(i) For the purposes of this section, “questioning” means only formal questioning in which the principal, or his or her designee, makes a pupil available to a law enforcement officer, at the request of the law enforcement officer, the principal or his or her designee, for questioning as a victim, suspect, or person with information concerning a suspected violation of a school rule that constitutes grounds for expulsion or a suspected commission of a crime. For the purposes of this section, “formal questioning” means only questioning of a pupil by a law enforcement officer that occurs on school grounds. “Formal questioning” does not include ordinary, day-to-day conversations between a pupil and a law enforcement officer.
History of Section. P.L. 2005, ch. 409, § 1.
For the purposes of this chapter, “elementary school pupils” are the pupils who are enrolled in kindergarten or any grades 1 to 8, inclusive. “High school pupils” are the pupils who are enrolled in any grades 9 to 12, inclusive.
History of Section. P.L. 2005, ch. 409, § 1.
(a) “Internet-filtering measures” means the use of a specific technology or program to block or filter access to websites on the internet.
(b) Each school district shall adopt the model, written policy developed by the department of education, pursuant to subsection (e), addressing the use of internet filtering measures for computer access in its schools. Any such policy shall:
(1) Include the specific categories of websites that are blocked by the internet filtering measures in use; the basis for including those categories; and the individuals who are responsible for making those decisions;
(2) Establish a procedure for teachers to request that a blocked website be unblocked in a timely manner; and
(3) Specify the criteria used for overruling a request to allow access to a website that is blocked by the internet-filtering measures, and require that the teacher making such a request be provided particular reasons any time a request is denied.
(c) Each school district shall maintain a public record of any requests to allow access to a website that is blocked by the internet-filtering measures and the response provided, and submit an annual report to the school committee on the number of requests granted and denied to unblock a website.
(d) Each school district shall annually review the requests made in the preceding year, pursuant to subsection (b)(2), for unblocking websites in order to determine whether the categories and standards contained in the policy adopted pursuant to subsection (b)(1) shall be revised.
(e) The Rhode Island department of education shall develop a written, model internet-filtering policy for use by school districts, state schools, charter schools, and mayoral academies. The model plan shall include, but not be limited to, the provisions contained in subsections (b)(1), (b)(2), and (b)(3), and to the extent consistent with federal law, promote academic freedom in the classroom, and shall be communicated to all school districts in the state for their use and posted on the department website.
History of Section. P.L. 2016, ch. 427, § 1; P.L. 2016, ch. 428, § 1.
This act shall be known and may be cited as “The Nathan Bruno and Jason Flatt Act.”
History of Section. P.L. 2021, ch. 131, § 1, effective July 2, 2021; P.L. 2021, ch. 132, § 1, effective July 2, 2021.
(a) The department of education shall adopt rules and regulations supporting suicide awareness and prevention training each year for public school personnel and students.
(b)(1) Training shall be required of all personnel hired or contracted by the school district, including, but not limited to: teachers, administration, custodians, lunch personnel, substitutes, nurses, coaches and coaching staff, even if volunteers. The training shall occur every year.
(2) Training shall be required of all students starting in grade six (6) and through grade twelve (12) each academic year.
(c) Training may be provided within the framework of existing in-service training programs offered by the department of education or as part of professional development activities.
(d)(1) The department of education shall, in consultation with the department of health, department of behavioral healthcare, developmental disabilities and hospitals, education and healthcare stakeholders, mental healthcare stakeholders, and suicide prevention experts, develop a list of approved training materials to fulfill the requirements of this chapter.
(2) This list shall be fully evaluated and updated at least every three (3) years.
(3) Approved training materials and instruction shall include training on how to identify appropriate mental health services both within the school and the larger community, and when and how to refer youth and their families to those services. These materials and instruction are to be given by qualified suicide prevention instructors as determined by the entities and groups listed in subsection (d)(1) of this section.
History of Section. P.L. 2021, ch. 131, § 1, effective July 2, 2021; P.L. 2021, ch. 132, § 1, effective July 2, 2021.
(a) Each public school district shall adopt a policy on student suicide prevention. This policy shall, at a minimum, address procedures relating to suicide prevention, intervention, and postvention. For the purposes of this chapter, “postvention” means counseling, or other social care given to students after another student’s suicide or attempted suicide. Postvention also means counseling to students that have made a suicide attempt or have reported ideation; this counseling shall consist of regular check-ins. For the purposes of this chapter, “regular” means a frequency as determined by a licensed mental health professional.
(b) To assist school districts in developing policies for student suicide prevention, the department of education shall develop and maintain a model policy, or adopt an existing policy as a model policy, to serve as a guide for school districts in accordance with this chapter to include, but not limited to: parental notification procedures, clarification of engagement with student support personnel, and language defining an in-school issue compared to an out-of-school issue.
History of Section. P.L. 2021, ch. 131, § 1, effective July 2, 2021; P.L. 2021, ch. 132, § 1, effective July 2, 2021.
(a) No person shall have a cause of action for any loss or damage caused by any act or omission resulting from the implementation of the provisions of this chapter or resulting from any training required by this chapter, or lack thereof, unless caused by willful or wanton misconduct.
(b) The training required by the provisions of this chapter, or lack thereof, shall not be construed to impose any specific duty of care except as expressly provided for herein.
History of Section. P.L. 2021, ch. 131, § 1, effective July 2, 2021; P.L. 2021, ch. 132, § 1, effective July 2, 2021.
This chapter shall be known and may be cited as the “School Emergency Drills Act.”
History of Section. P.L. 2024, ch. 174, § 1, effective July 1, 2024; P.L. 2024, ch. 175, § 1, effective July 1, 2024.
As used in this chapter:
(1) “Active shooter simulation” means any imitation of a school shooting situation that depicts events using authentic or simulated items including, but not limited to, authentic or simulated weapons, gunfire, imaginary fatalities or simulated blood or casualties.
(2) “Emergency drills” means drills that are designed to provide practice and instruction to students and staff to remain safe. These include, but are not limited to, fire drills, lockdown drills, and evacuation drills.
(3) “Evacuation drills” means drills that move students and staff from one place to another and are designed and conducted to practice for situations where the primary objective is to ensure that students and staff can quickly move away from the threat and where conditions outside the school building are safer than conditions inside the school building, necessitating that students evacuate the building and/or move farther from the school building than the distance required during a fire drill.
(4) “Fire drill” means drills that move students and staff from one place to another and are designed and conducted to practice for situations where the primary objective is to ensure that students and staff can quickly move away from the threat and where conditions outside the school building are safer than conditions inside the school building.
(5) “Trauma-informed” refers to trauma-informed practices that are consistent with the requirements of this chapter, and shall include, but not be limited to, the requirements and principles used to develop the trauma-informed school implementation plan pursuant to § 16-21-40 which is designed to support the academic, behavioral, social, and emotional needs of all students.
History of Section. P.L. 2024, ch. 174, § 1, effective July 1, 2024; P.L. 2024, ch. 175, § 1, effective July 1, 2024.
School administrators and school support personnel shall have the discretion to modify an emergency drill or training for students they determine is appropriate. School administrator and school support personnel may include and consult with a student’s individualized education program team or federal Section 504 plan team in making these modifications. Administrators and school support personnel shall not be personally liable for any decision to provide modifications for a student to an emergency drill under this section.
History of Section. P.L. 2024, ch. 174, § 1, effective July 1, 2024; P.L. 2024, ch. 175, § 1, effective July 1, 2024.
Students, teachers, and staff are prohibited from being required to participate in active shooter simulations. Law enforcement personnel may choose to run an active shooter simulation, including simulated gun fire drills; provided that, the drill is scheduled only on days when students are not present.
History of Section. P.L. 2024, ch. 174, § 1, effective July 1, 2024; P.L. 2024, ch. 175, § 1, effective July 1, 2024.
Each September, at the commencement of the school year, schools shall provide parents or guardians with a written notification containing an overview of all emergency drills training, together with a description of each drill and its components.
History of Section. P.L. 2024, ch. 174, § 1, effective July 1, 2024; P.L. 2024, ch. 175, § 1, effective July 1, 2024.
(a) As used herein, the term “emergency event” refers to an incident that prompts a school to implement an emergency response that is not a scheduled drill.
(b) Schools and school districts shall develop and implement a debriefing plan to be utilized after an actual emergency event for each school where the school administrator deems it necessary to inform parents or guardians based on the severity of the event. The plan shall include best practices and procedures as provided by the Rhode Island state police, municipal law enforcement, and school mental health professionals and shall be conducted within a timeframe that is as expeditious as possible following an actual emergency event and if possible, the debriefing shall take place on the same day as the actual emergency event and if not on the same day then the debriefing shall take place on the next school day. School staff and students shall be given an opportunity for debriefing in conjunction with school mental health professionals and provided, further, school administrators shall be required to debrief with local emergency responders.
History of Section. P.L. 2024, ch. 174, § 1, effective July 1, 2024; P.L. 2024, ch. 175, § 1, effective July 1, 2024.
[Repealed]
History of Section. G.L. 1938, ch. 177, § 11; P.L. 1940, ch. 826, § 1; impl. am. P.L. 1951, ch. 2752, § 21; G.L. 1956, § 16-22-1; Repealed by P.L. 1996, ch. 404, § 15, effective August 9, 1996.
(a) The general assembly recognizes the importance of a citizenry well educated in the principles of democracy as enunciated in the constitutions of the state of Rhode Island and the United States. The general assembly directs the board of regents for elementary and secondary education to develop and adopt a set of grade level standards K-12 in civics education no later than August 31, 2007. These standards shall include, but not be limited to, the history of the state of Rhode Island, representative government, the rights and duties of actively engaged citizenship, and the principals of democracy. These civic education standards shall be used in the public schools of this state beginning in kindergarten and continuing through to and including grade 12. No private school or private instruction shall be approved for the purposes of chapter 19 of this title unless the course of study shall make provision for instruction substantially equivalent to that required by this chapter for public schools.
(b) All middle and high school students attending public schools, or any other schools managed and controlled by the state, shall demonstrate proficiency, as defined by the local school district, in civics education that shall also satisfy half credit or course requirement in history and social studies.
(c) Each public school district shall provide not less than one student-led civics project for students during either middle or high school; provided, however, that each such project shall be consistent with the history and social studies standards and frameworks promulgated by the Rhode Island board of education. Civics projects may be individual, small group, or class wide, and designed to promote a student’s ability to:
(1) Reason, make logical arguments, and support claims using valid evidence; and
(2) Demonstrate an understanding of the connections between federal, state, and local policies, including issues that may impact the student’s community.
(d) The department of education shall begin implementing subsections (b) and (c) of this section for the 2022-2023 academic year.
History of Section. G.L. 1909, ch. 67, § 17; P.L. 1922, ch. 2195, § 1; G.L. 1923, ch. 70, § 30; P.L. 1926, ch. 838, § 1; P.L. 1929, ch. 1400, § 1; G.L. 1938, ch. 177, § 10; impl. am. P.L. 1951, ch. 2752, § 21; G.L. 1956, § 16-22-2; P.L. 2005, ch. 177, § 1; P.L. 2005, ch. 180, § 1; P.L. 2021, ch. 208, § 1, effective July 7, 2021; P.L. 2021, ch. 220, § 1, effective July 8, 2021.
The school committees of the several cities and towns shall make provision for the instruction of the pupils in all schools supported wholly, or in part, by public money, in physiology and hygiene, with special reference to the effects of alcoholic liquors, stimulants, and narcotics upon the human system.
History of Section. G.L. 1896, ch. 60, § 7; G.L. 1909, ch. 67, § 4; G.L. 1923, ch. 70, § 17; G.L. 1938, ch. 178, § 17; G.L. 1956, § 16-22-3.
(a) All children in grades one through twelve (12) attending public schools, or any other schools managed and controlled by the state, except as provided in § 16-100-3(d), shall receive in those schools instruction in health and physical education under rules and regulations the department of elementary and secondary education may prescribe or approve during periods that shall average at least twenty (20) minutes in each school day. No private school or private instruction shall be approved by any school committee for the purposes of chapter 19 of this title as substantially equivalent to that required by law of a child attending a public school in the same city or town unless instruction in health and physical education similar to that required in public schools shall be given. Commencing September 1, 2012, the required health education curriculum shall be based on the health education standards of the Rhode Island health education framework: health literacy for all students as promulgated by the Rhode Island department of education and consistent with the mandated health instructional outcomes therein. Commencing September 1, 2012, the required physical education curriculum shall be based on the physical education standards of the Rhode Island physical education framework: supporting physically active lifestyles through quality physical education as promulgated by the Rhode Island department of education and consistent with the instructional outcomes therein.
(b) The department of elementary and secondary education shall incorporate, in consultation with the state department of behavioral healthcare, developmental disabilities and hospitals, substance abuse prevention and suicide prevention into the health education curriculum. For the purpose of this section, “substance abuse prevention” means the implementation of evidence-based, age-appropriate programs, practices, or curricula related to the use and abuse of alcohol, tobacco, and other drugs; “suicide prevention” means the implementation of evidence-based, appropriate programs, practices, or curricula related to mental health awareness and suicide prevention. Further, “substance abuse prevention” and suicide prevention programs shall specifically include information provided to students that mixing opioids and alcohol can cause accidental death.
History of Section. G.L. 1938, ch. 182, § 9; P.L. 1949, ch. 2341, § 1; impl. am. P.L. 1951, ch. 2752, § 21; G.L. 1956, § 16-22-4; P.L. 2008, ch. 254, § 2; P.L. 2008, ch. 463, § 2; P.L. 2017, ch. 107, § 1; P.L. 2017, ch. 115, § 1; P.L. 2018, ch. 173, § 1; P.L. 2018, ch. 203, § 1; P.L. 2019, ch. 176, § 1; P.L. 2019, ch. 237, § 1; P.L. 2019, ch. 247, § 1; P.L. 2019, ch. 254, § 1.
(a) The state shall establish pilot programs in communities of the several cities and towns to encourage and promote healthy weight and weight management in children. These programs shall incorporate a combination of exercise and nutrition plans that may include, but shall not be limited to, physical exercise, including walking and jogging, as well as information on healthy food choices.
(b) Funding for these pilot programs shall be acquired from federal grants and related funds allocated to the state for purposes of combating obesity, and through such additional sources as the legislature shall deem appropriate.
History of Section. P.L. 2007, ch. 224, § 1.
All children attending public schools, or any other schools managed or controlled by the state, that have elementary grades kindergarten through six (6) shall receive in those schools at least twenty (20) consecutive minutes of supervised, safe, and unstructured free-play recess each day. Free-play recess may be considered instructional time for those schools that would be required to extend the current school day in order to meet this requirement. Teachers shall make a good-faith effort to not withhold recess for punitive reasons. Free-play recess is in addition to the requirements set forth in § 16-22-4. As used herein, the term “free play” means an unstructured environment, but which is supervised by appropriate school personnel or staff.
History of Section. P.L. 2016, ch. 151, § 2; P.L. 2016, ch. 157, § 2.
(a) Any city or town may enact a municipal ordinance to provide that any specially designed physical education instruction that is provided as part of a student’s individualized education program (IEP) shall be open to all students choosing to participate; provided that, the student agrees to be incorporated into the specially designed physical education class as a “partner” to help implement the program and accompany and assist the student who requires the IEP. “Partner” for purposes of this section means any student who enrolls in a specially designed physical education class that is part of another student’s IEP to serve as a partner to provide assistance to the student.
(b) Students participating as partners under this section shall receive full credit towards their graduation requirements as a full participant of the physical education class as if the class were offered pursuant to § 16-22-4 and each class hour spent as a partner under this section shall count as an hour of education as required by § 16-22-4.
(c) Participating as a partner under this section shall be subject to procedures regarding eligibility and approval by the individual school administration.
(d) The department of education is hereby authorized to promulgate rules and regulations necessary to effectuate the purposes of this section.
History of Section. P.L. 2024, ch. 368, § 1, effective June 26, 2024; P.L. 2024, ch. 369, § 1, effective June 26, 2024.
The department of elementary and secondary education is empowered and directed to prescribe a course of study in fire prevention for use in the public schools of the state, dealing with the protection of lives and property against loss or damage as a result of preventable fire.
History of Section. P.L. 1921, ch. 2025, § 1; G.L. 1923, ch. 66, § 7; G.L. 1938, ch. 177, § 7; impl. am. P.L. 1951, ch. 2752, § 21; G.L. 1956, § 16-22-5.
It shall be the duty of the department of elementary and secondary education, school superintendents, school committees, or other committees or persons having control of public schools in cities and towns to arrange for a course of study in fire prevention, and require its use in each school under its or their control or direction.
History of Section. P.L. 1921, ch. 2025, § 2; G.L. 1923, ch. 66, § 8; G.L. 1938, ch. 177, § 8; impl. am. P.L. 1951, ch. 2752, § 21; G.L. 1956, § 16-22-6.
[Repealed]
History of Section. P.L. 1921, ch. 2025, § 3; G.L. 1923, ch. 66, § 9; G.L. 1938, ch. 177, § 9; G.L. 1956, § 16-22-7; Repealed by P.L. 1978, ch. 266, § 1.
(a) Whenever there shall be twenty (20) students who apply for a course in the Italian, Portuguese, or Spanish language in any high school of the state, the school committee of the specific city or town shall arrange a course in Italian, Portuguese, or Spanish to be conducted by a competent teacher.
(b) The board of regents for elementary and secondary education shall establish uniform criteria for the assessment of foreign language proficiency skills of students seeking academic credits that are commensurate to the competency level demonstrated in that foreign language.
History of Section. G.L. 1923, ch. 70, § 32; P.L. 1934, ch. 2127, § 1; G.L. 1938, ch. 178, § 32; G.L. 1956, § 16-22-8; P.L. 1960, ch. 185, § 1; P.L. 1993, ch. 201, § 1; P.L. 2001, ch. 86, § 40.
The commissioner of elementary and secondary education shall establish a program for uniform achievement testing of pupils in elementary and secondary schools in the state. Pupils attending public schools shall be administered tests under the supervision of the state department of elementary and secondary education in accordance with the program. Pupils attending nonpublic elementary and secondary schools approved in accordance with the provisions of the general and public laws of the state may, upon request of the nonpublic school, be administered tests under the supervision of the state department of elementary and secondary education in accordance with the programs.
History of Section. P.L. 1963, ch. 12, § 1; P.L. 1979, ch. 78, § 1; P.L. 1985, ch. 46, § 1.
(a) Every superintendent of schools employed in accordance with the provisions of chapter 2 of this title shall on or before September 15, 2022, and annually thereafter on or before September 15, complete a report on the progress and status of educational achievement and development of all foster care youth attending every public school under the superintendent’s care and supervision. The report shall include, but not be limited to:
(1) The total number of foster care youth identified by school and grade of instruction;
(2) The number of foster care youth receiving supplementary literacy instruction pursuant to the provisions of § 16-67-2;
(3) The foster care youth uniform testing scores for testing pursuant to the provisions of § 16-22-9, and the percentage of foster care youth who meet or exceed the mean average score for uniform testing;
(4) The percentage of foster care youth meeting academic standards;
(5) The number and percentage of foster care youth receiving alternative or special education services;
(6) The number of foster care youth suspended or expelled from school during the academic year;
(7) The number of foster care youth identified as involved in chronic absenteeism, truancy, or as drop-outs; and
(8) The number of foster care youth assigned to advanced placement.
(b) If the superintendent determines based on the information provided in the report prepared pursuant to subsection (a) of this section that foster care youth are disproportionately failing to meet academic standards or are disproportionately subject to school discipline compared to the overall student population, then the superintendent shall develop a remediation plan and include the remediation plan as part of the report promulgated pursuant to subsection (a) of this section.
(c) Every superintendent shall provide a copy of the reports promulgated pursuant to subsection (a) of this section to the commissioner of elementary and secondary education and the applicable school committee.
History of Section. P.L. 2021, ch. 298, § 1, effective July 9, 2021; P.L. 2021, ch. 299, § 1, effective July 9, 2021.
The school committees of the several cities, towns, and school districts shall provide for students of the senior class in high school a course of instruction and demonstration in the operation of a voting machine, and of the manner of casting a valid ballot. The board of elections is directed to make available to each city and town school committee one voting machine per city or town to carry out the purposes of this section.
History of Section. P.L. 1969, ch. 139, § 1.
(a) All public schools, commencing with preprimary school through and including high school, shall commence each day with the following pledge:
(a) “I pledge allegiance to the flag of the United States of America and to the republic for which it stands, one nation, under God, indivisible, with liberty and justice for all.”
(b) Any person not wishing to participate in the “pledge of allegiance” is exempt from participation and need not participate in the pledge.
History of Section. P.L. 1981, ch. 282, § 1.
(a) The school committees of the several cities, towns, and school districts shall provide for the incorporation of mandatory instruction of students in grades one through twelve (12) on the effects of alcohol and substance abuse upon the human system in existing health education or other courses.
(b) The board of regents for elementary and secondary education shall institute courses of instructions for teachers in the public school system on the effects of alcohol and substance abuse.
History of Section. P.L. 1976, ch. 304, § 1; P.L. 1985, ch. 74, § 1; P.L. 1985, ch. 303, § 1.
(a) The council on elementary and secondary education (the “council”), in consultation with the Rhode Island department of education (the “department”), shall develop and approve statewide academic standards for the instruction of consumer education in public high schools by no later than December 31, 2021, and again as required by the procedures set forth in subsections (e) and (f) of this section.
(b) By the start of the 2022-2023 school year, the school committees of the several cities, towns, and local education agencies (“LEAs”) shall ensure that public high schools offer a course that includes instruction in consumer education that is aligned with the statewide standards.
(c) The standards shall include, but not necessarily be limited to, installment purchasing, budgeting, comparison of prices, credit and the law, employment and income, rights and responsibilities in the marketplace, money management, maintaining credit, saving, investing, protecting and insuring assets, and other personal finance or consumer economic topics of study.
(d) The standards shall:
(1) Clearly set forth the skills, competencies, and knowledge expected to be demonstrated by all students at the conclusion of individual grades or grade spans;
(2) Reflect sensitivity to different learning styles; and
(3) Be in a form readily comprehensible by the public.
(e) The council shall review the consumer education standards regularly, making changes if appropriate, to ensure that the standards continue to outline the knowledge and skills students are expected to demonstrate regarding the responsible and informed use of financial services. The review cycle shall begin in 2026, with subsequent reviews taking place in 2031, 2036, and every five (5) years thereafter.
(f) Any recommended changes or updates to existing standards shall be approved by the council at least sixty (60) days prior to the changes taking effect.
(g) Beginning with the graduating class of 2024, all students shall demonstrate proficiency in consumer education prior to graduating high school. LEAs shall have the discretion to allow students the ability to demonstrate proficiency by one or more of the following:
(1) Successful completion of a consumer education course of study aligned with the standards developed and approved by the council;
(2) Successful completion of a project aligned with the standards developed and approved by the council, under the supervision of a certified educator;
(3) Successful completion of a consumer education assessment that is aligned with the standards developed and approved by the council and taken in a controlled testing environment; or
(4) Another demonstration of proficiency approved by the council.
(h) Schools shall be permitted to make exceptions and accommodations to the requirements of this section for students with disabilities, as provided in chapter 24 of this title, in those cases wherein the student cannot be reasonably expected to demonstrate proficiency to council standards.
(i) The council, in consultation with the department, shall compile and publish the following by April 1, 2022:
(1) A list of micro-credentialing programs that train educators in the skills necessary to deliver consumer education lessons in accordance with statewide standards; and
(2) Resources and instructional materials including, but not limited to, lesson plans, assessments, and activities that align with the consumer education standards adopted by the council.
(j) The council shall review the list of micro-credentialing programs and resources and instructional materials compiled in subsection (i) of this section regularly, making changes if appropriate. The review cycle shall begin in 2026, with subsequent reviews taking place in 2031, 2036, and every five (5) years thereafter.
(k) By August 1, 2024, and annually by August 1 thereafter, the department shall publish a report on the consumer education instruction in Rhode Island schools. The report shall include, but need not be limited to, the following:
(1) The number of high school students at each grade level who have completed a high-school level course of study in consumer education that is aligned with the standards developed and approved by the council; and
(2) A list of the middle schools and elementary schools that have incorporated consumer education into their curricula.
( l ) This section shall not apply to private schools.
History of Section. P.L. 1979, ch. 153, § 1; P.L. 2021, ch. 31, § 1, effective June 1, 2021; P.L. 2021, ch. 35, § 1, effective June 1, 2021.
(a) The department of elementary and secondary education shall develop and prescribe a suicide prevention awareness program for public school students in grades nine (9) through twelve (12). The school committees of the several cities, towns, and school districts shall provide for the incorporation of the program in existing health education courses.
(b) The board of regents for elementary and secondary education shall institute workshops to be developed and provided by the Samaritans, Inc. for those public school teachers designated to teach the suicide prevention awareness program.
History of Section. P.L. 1986, ch. 546, § 1.
(a) The department of elementary and secondary education shall develop and prescribe a cardiopulmonary resuscitation (CPR) training course for public school students in the state. The course shall be established in accordance with the requirements and criteria obtained from the Red Cross and/or the American Heart Association and the director of the department of health.
(b) The department of elementary and secondary education shall promulgate course guidelines including the age or grade level of pupils required to receive cardiopulmonary resuscitation (CPR) training. This shall at a minimum include psychomotor skill-based cardiopulmonary resuscitation (CPR) training and an overview of automated external defibrillator (AED) use for all high school students prior to graduation. “Psychomotor skill” is defined as the use of hands-on practicing to support cognitive learning. Cognitive-only training does not qualify. Formal certification is not required.
(c) The school committees of the several cities, towns, and school districts shall provide for the incorporation of the course in training in existing health education courses. The department of elementary and secondary education shall establish a procedure for monitoring adherence to this section.
History of Section. P.L. 1987, ch. 62, § 1; P.L. 2013, ch. 127, § 1; P.L. 2013, ch. 134, § 1.
(a) The department of elementary and secondary education shall develop and prescribe a training course in the emergency treatment for blocked air passages. The course shall be established in accordance with criteria and requirements established by the director of the department of health. The department of elementary and secondary education shall determine the age or grade level of pupils required to receive training.
(b) The school committees of the several cities, towns, and school districts shall provide for the incorporation of the course of training in existing health education courses.
History of Section. P.L. 1987, ch. 62, § 1.
(a) The department of elementary and secondary education shall, pursuant to rules promulgated by the commissioner of elementary and secondary education and the director of the department of health, establish comprehensive AIDS (acquired immune deficiency syndrome) instruction, which shall provide students with accurate information and instruction on AIDS transmission and prevention, and which course shall also address abstinence from sexual activity as the preferred means of prevention, as a basic education program requirement.
(b) Upon written request to the school principal, a pupil not less than eighteen (18) years of age or a parent or legal guardian of a pupil less than eighteen (18) years of age, within a reasonable period of time after the request is made, shall be permitted to examine the curriculum program instruction materials at the school in which his or her child is enrolled.
(c) A parent or legal guardian may exempt his or her child from the program by written directive to the principal of the school. No child so exempted shall be penalized academically by reason of the exemption.
History of Section. P.L. 1987, ch. 464, § 1; P.L. 1996, ch. 400, § 1.
(a) Every secondary school teaching courses in family life or sex education within this state shall include, as part of the course instruction, abstinence from sexual activity and refraining from sexual intercourse as the preferred method of pregnancy prevention and the prevention of sexually transmitted diseases. Provided further, part of the course instruction may incorporate age-appropriate and developmentally appropriate elements of effective and evidence-based programs on the law and meaning of consent. Such age-appropriate and developmentally appropriate elements of effective and evidence-based programs on the prevention of pregnancy, sexually transmitted diseases, and sexual violence may include instruction that increases student awareness of the fact that consent is required before sexual activity.
(b) Upon written request to the school principal, a pupil not less than eighteen (18) years of age or a parent or legal guardian of a pupil less than eighteen (18) years of age, within a reasonable period of time after the request is made, shall be permitted to examine the curriculum program instruction materials at the school in which his or her child is enrolled.
(c) A parent or legal guardian may exempt his or her child from the program by written directive to the principal of the school. No child so exempted shall be penalized academically by reason of the exemption.
History of Section. P.L. 1987, ch. 575, § 1; P.L. 1988, ch. 84, § 10; P.L. 1996, ch. 400, § 1; P.L. 2018, ch. 116, § 1; P.L. 2018, ch. 191, § 1.
Notwithstanding the provisions of § 16-38-6, all cities and towns may establish a program utilizing the display of televised commercial advertising necessarily incidental to the use and display of electronic news, internet access, or educational programming by school officials in connection with the curriculum of the public schools in the cities and towns.
History of Section. P.L. 1992, ch. 410, § 1; P.L. 1998, ch. 132, § 1; P.L. 2000, ch. 484, § 1.
(a) A parent(s) or legal guardian of any student in a public or nonpublic primary or secondary school may refuse to allow their child to dissect or vivisect any vertebrate or invertebrate animal, or any part of a vertebrate or invertebrate animal.
(b) A school that offers dissection or vivisection as a learning activity shall permit those students whose parent(s) or legal guardian refuse to allow them to participate to demonstrate competency through an alternative method of learning the material that would be covered in the activity. Alternative materials and methods may include but not be limited to: video tapes, models, films, books, computer programs, clay modeling or transparencies.
(c) A teacher shall not discriminate against a student for not participating in dissection or vivisection and shall not lower a grade because a student’s parent or legal guardian has chosen an alternative education project.
History of Section. P.L. 1997, ch. 214, § 1.
(a) The legislature recognizes the importance of community service learning as a means of enhancing life in the community and as a way of enlightening young people about the needs of others. Whenever young people are led through teaching and example, the likelihood of their becoming productive citizens in society is increased a thousandfold.
(b) The department of elementary and secondary education shall encourage the establishment of community service learning programs in local school districts by developing a model program and appropriate guidelines for implementation of the model program. Any local school district may petition the commissioner of education for approval of its community service learning program, which may be used in partial fulfillment of the requirement for obtaining a high school diploma. The commissioner shall develop criteria that local school districts may use as a means of determining and recognizing community service learning activities for credit towards a high school diploma. Local school districts that elect to establish community service learning programs pursuant to this section shall submit community service learning program plans for approval by the commissioner every five (5) years.
History of Section. P.L. 1998, ch. 47, § 1.
The department of elementary and secondary education shall, pursuant to rules promulgated by the commissioner of elementary and secondary education, develop curricular material on genocide and human rights issues and guidelines for the teaching of that material. The material and guidelines shall include, but not be limited to: (1) the period of the transatlantic slave trades and the middle passage; (2) the great hunger period in Ireland; (3) the Armenian genocide; (4) the Holocaust; and (5) the Mussolini fascist regime and other recognized human rights violations. In formulating this program the department shall consult with practicing teachers, principals, superintendents and experts knowledgeable in genocide and human rights issues. Local school committees may incorporate the material into their elementary and secondary school curriculum.
History of Section. P.L. 2000, ch. 511, § 1.
(a) The board of regents for elementary and secondary education shall select and/or develop a statewide curriculum (i) in Mathematics and English/Language Arts for students in grades kindergarten (k) through twelve (12) by August 31, 2006 and (ii) in Science for students in grades kindergarten (k) through twelve (12) by August 31, 2008.
(b) The curriculum selected and/or developed by the board of regents shall:
(1) Be aligned with state standards and assessments utilized by the state department of elementary and secondary education;
(2) Contain sufficient detail to guide teachers in planning lessons aligned with state standards and assessments.
(c) By November 1, 2006, the commissioner of elementary and secondary education shall prepare an outline for development and implementation of the science curriculum utilizing appropriate groups and then shall convene a science curriculum advisory committee for the purpose of developing recommended curriculum to the board of regents for elementary and secondary education. The science advisory committee shall include teachers, representatives of teacher unions, administrators, curriculum directors, school committee members, and experts designated by the commissioner.
History of Section. P.L. 2004, ch. 345, § 1; P.L. 2004, ch. 398, § 1; P.L. 2006, ch. 246, art. 19, § 4.
(a) Each school district shall incorporate dating violence education that is age-appropriate into the annual health curriculum framework for students in grades seven (7) through twelve (12).
(1) Dating violence education shall include, but not be limited to: defining dating violence; recognizing dating violence warning signs; and characteristics of healthy relationships. Additionally, students shall be provided with the school district’s dating violence policy as provided in § 16-21-30(c).
(2) For the purposes of this section:
(i) “At school” means in a classroom, on or immediately adjacent to the school premises, on a school bus or other school-related vehicle, at an official school bus stop, or at any school sponsored activity or event whether or not it is on school grounds.
(ii) “Dating partner” means any person involved in an intimate association with another primarily characterized by the expectation of affectionate involvement whether casual, serious, or long-term.
(iii) “Dating violence” means a pattern of abusive or coercive behaviors used to exert power and control over a current or former dating partner. Behaviors may occur online, in person, or through the use of technology. Abuse may be physical, verbal, emotional, sexual, financial, or psychological and includes threats, isolation, and intimidation.
(3) To assist school districts in developing a dating violence education program, the department of education shall review and approve the grade-level topics relating to dating violence and healthy relationships in the “health literacy for all students: the Rhode Island health education framework”.
(4) The provisions of this section shall be amended in the health education curriculum sections of the Rhode Island rules and regulations for school health programs, R16-21-SCHO, and the Rhode Island basic education program at their next revisions.
(b) Upon written request to the school principal, a parent or legal guardian of a pupil less than eighteen (18) years of age, within a reasonable period of time after the request is made, shall be permitted to examine the dating violence education program instruction materials at the school in which his or her child is enrolled.
History of Section. P.L. 2007, ch. 287, § 3; P.L. 2007, ch. 490, § 3; P.L. 2021, ch. 319, § 2, effective July 9, 2021; P.L. 2021, ch. 320, § 2, effective July 9, 2021.
The department of elementary and secondary education shall, in collaboration with the department of health, make Lyme disease awareness and prevention resources available for all public school students in the state.
History of Section. P.L. 2010, ch. 81, § 4; P.L. 2010, ch. 87, § 4.
(a) Short title. This section shall be known and may be cited as “Erin Merryn’s Law.”
(b) Prevention of child abduction, child sexual exploitation, and child sexual abuse.
(1) All pupils in grades kindergarten through eight (8) in all public schools in the state shall receive instruction designed to prevent the abduction, exploitation, or sexual abuse of children. Such instruction shall be provided by, or under the direct supervision of, regular classroom teachers; provided, however, that such instruction may be provided by any other agency, public or private.
(2) The department of elementary and secondary education shall continue to provide guidance and materials on age-appropriate sexual abuse and assault awareness and prevention. The commissioner shall provide technical assistance to assist in the development of curricula that shall be age-appropriate and developed according to the needs and abilities of pupils at successive grade levels in order to provide awareness skills, information, self-confidence, and support to aid in the prevention of child abduction, child sexual exploitation, and child sexual abuse.
(c) Action by school committees. The school committees of the several cities, towns, and school districts shall provide for the incorporation of the curricula described herein into existing health education courses.
History of Section. P.L. 2014, ch. 373, § 2; P.L. 2014, ch. 404, § 2.
All secondary public schools, including middle schools, or any other secondary schools managed and controlled by the state, are strongly encouraged to offer as a part of the curriculum, courses in performing arts, including musical ensembles, such as band, chorus, orchestra, and other performance ensembles, with emphasis upon development of aesthetic appreciation and the skills of creative expression.
History of Section. P.L. 2015, ch. 208, § 1; P.L. 2015, ch. 232, § 1.
The department of elementary and secondary education shall consider, in consultation with national or statewide organizations focused on media literacy, the incorporation of media literacy education into the board of education’s basic education program regulations.
For the purposes of this section, “media literacy” means the ability to access, analyze, evaluate, create, and communicate using a variety of forms, including, but not limited to, print, visual, audio, interactive, and digital texts.
History of Section. P.L. 2017, ch. 228, § 1; P.L. 2017, ch. 256, § 1.
The general assembly recognizes the importance of a citizenry well educated in the principles of nature and our environment, as well as the general assembly’s duty to provide for the preservation, regeneration, and restoration of the natural environment of the state, as enunciated in the constitution of the state of Rhode Island. In light of this, public schools of this state, beginning in kindergarten and continuing through and including grade twelve (12), are encouraged to use their best efforts to provide access to every student to at least one field trip to a nature preserve, reserve, or conservatory.
History of Section. P.L. 2018, ch. 129, § 1; P.L. 2018, ch. 199, § 1.
(a) The council on elementary and secondary education (the “council”) shall direct the commissioner of elementary and secondary education (the “commissioner”) to institute a process to develop statewide academic standards for the core subjects of mathematics, English language arts, science and technology, history and social studies, world languages, and the arts. This process shall:
(1) Be open and consultative;
(2) Include, but need not be limited to, a culturally and racially diverse group of classroom teachers and students; and
(3) Include, but need not be limited to, reviewing and revising current standards, as well as adopting new ones, if deemed appropriate.
(b) The commissioner shall develop the statewide academic standards pursuant to this section by no later than December 31, 2019, and again as required by the council’s procedures set forth in subsection (f) of this section. The standards shall:
(1) Cover grades prekindergarten through grade twelve (PK-12);
(2) Clearly set forth the skills, competencies, and knowledge expected to be demonstrated by all students at the conclusion of individual grades or grade spans;
(3) Be formulated so as to set high expectations for student performance;
(4) Provide clear and specific examples that embody and reflect these high expectations;
(5) Be constructed with due regard to the established research and recommendations of national organizations, to the best of similar efforts in other states, and to the level of skills, competencies, and knowledge possessed by typical students in the most educationally-advanced nations. The skills, competencies, and knowledge set forth in the standards shall define the performance outcomes expected of both students directly entering the workforce and of students pursuing higher education. In addition, the skills, competencies, and knowledge set forth in the standards shall inform the design and implementation of the Rhode Island comprehensive assessment system (“RICAS”) in mathematics, English language arts, and science and technology. The RICAS shall align with federal law, be in place for no fewer than ten (10) years, and facilitate comparisons of students of other states and nations;
(6) Be designed to instill respect for the cultural, ethnic, and racial diversity of this state, and for the contributions made by diverse cultural, ethnic, and racial groups to the life of this state;
(7) Be designed to avoid perpetuating gender, cultural, ethnic, or racial stereotypes;
(8) Reflect sensitivity to different learning styles;
(9) Reflect sensitivity to impediments to learning, which may include issues related to, but not limited to, cultural, financial, emotional, health, and social factors; and
(10) Be in a form readily comprehensible by the general public.
(c) This section shall not require the abandonment of any standards already in place, so long as the commissioner determines that these standards meet the statewide goals contained herein.
(d) The commissioner shall submit a copy of the standards to the council for approval at least sixty (60) days prior to the standards taking effect.
(e) Upon approval, the council shall make the standards available to the public.
(f) The council shall develop procedures for updating, improving, or refining standards pursuant to this section by no later than September 1, 2021. The procedures shall include a requirement that the council review and evaluate the standards regularly to ensure that the high quality of the standards is maintained. The review cycle shall begin in 2025, with subsequent reviews taking place in 2029, 2033, and every four (4) years thereafter.
(g) On or before December 1, 2020, and annually thereafter on or before December 1, the commissioner shall report to the governor, president of the senate, and the speaker of the house, regarding the standards developed and reviewed pursuant to this section.
History of Section. P.L. 2019, ch. 89, § 1; P.L. 2019, ch. 150, § 1.
(a)(1) The council on elementary and secondary education (the “council”) shall direct the commissioner of elementary and secondary education (the “commissioner”) to institute a process to develop curriculum frameworks for mathematics, English language arts, science and technology, history and social studies, world languages, and the arts. This process shall:
(i) Be open and consultative;
(ii) Include, but need not be limited to, a culturally and racially diverse group of classroom teachers and students; and
(iii) Include, but need not be limited to, reviewing and revising current frameworks, as well as developing new ones, if deemed appropriate.
(2) The process may include, but need not be limited to, community groups, cultural organizations, parents, teacher preparation programs, and leading college and university figures in both subject matter disciplines and pedagogy.
(b) The commissioner shall develop the curriculum frameworks pursuant to this section by no later than September 1, 2021, and again as required by the council’s procedures set forth in subsection (e) of this section. The curriculum frameworks developed by the commissioner shall:
(1) Present broad, research-based pedagogical approaches and strategies to assist students develop the skills, competencies, and knowledge called for by the statewide standards provided in § 16-22-30;
(2) Provide sufficient detail to guide and inform processes for the education, professional development, certification, and evaluation of both active and aspiring teachers and administrators;
(3) Provide sufficient detail to guide the implementation of student assessment instruments;
(4) Be constructed to guide and assist teachers, administrators, publishers, software developers, and other interested parties in the development and selection of curricula, textbooks, technology, and other instructional materials, and in the design of pedagogical approaches and strategies for use in elementary, secondary, and career and technical schools;
(5) Be aligned with the state’s commitment to college and career readiness;
(6) Encourage demanding real-world application, multidisciplinary problem solving, integration of academic and career and technical education curriculum, project-based learning, performance assessment, team teaching, and alignment of classroom instruction with work-based learning opportunities;
(7) Promote better alignment with postsecondary curriculum and instruction, including, but not limited to, the expansion and/or use of dual enrollment and dual credit opportunities for high school students that help them with the postsecondary transition, persistence, and attainment of a credential;
(8) Encourage capstone projects and associated performance assessments that provide students the opportunity to demonstrate holistic proficiency with respect to research, cross-disciplinary problem solving, critical thinking, communication, collaboration, and oral defense;
(9) Present specific, pedagogical approaches and strategies to meet the academic and nonacademic needs of English learner, economically disadvantaged, special education, and academically advanced students;
(10) Be designed to avoid perpetuating gender, cultural, ethnic, or racial stereotypes;
(11) Reflect sensitivity to different learning styles;
(12) Reflect sensitivity to impediments to learning, which may include issues related to, but not limited to, cultural, financial, emotional, health, and social factors; and
(13) Be in a form readily comprehensible by the general public.
(c) The commissioner shall submit a copy of the frameworks to the council for approval at least sixty (60) days prior to the frameworks taking effect.
(d) Upon approval, the council shall make the frameworks available to the public.
(e) The council shall develop procedures for updating, improving, or refining curriculum frameworks pursuant to this section by no later than September 1, 2021. The procedures shall include a requirement that the council review and evaluate the frameworks regularly to ensure that the high quality of the frameworks is maintained. The review cycle shall begin in 2025, with subsequent reviews taking place in 2029, 2033, and every four (4) years thereafter.
(f) On or before December 1, 2020, and annually thereafter on or before December 1, the commissioner shall report to the governor, president of the senate, and the speaker of the house, regarding the curriculum frameworks developed and reviewed pursuant to this section.
History of Section. P.L. 2019, ch. 89, § 1; P.L. 2019, ch. 150, § 1.
(a)(1) The council on elementary and secondary education (the “council”) shall direct the commissioner of elementary and secondary education (the “commissioner”) to institute a process for reviewing and identifying curriculum and materials for mathematics, English language arts, and science and technology that meet the following requirements:
(i) Is aligned with the academic standards provided in § 16-22-30;
(ii) Is aligned with the curriculum frameworks provided in § 16-22-31;
(iii) Is aligned with the RICAS, or any other test that is adopted as a statewide standardized test; and
(iv) Is of high quality.
(2) The commissioner shall identify at least five (5) examples each of curricula for mathematics and English language arts pursuant to this section by no later than January 1, 2021, for science and technology pursuant to this section by no later than January 31, 2026, and again as required by the council’s procedures set forth in subsection (a)(8) of this section. Once identified, the curricula shall be made available to the public, subject to copyright considerations.
(3) The commissioner shall direct all local education agencies (“LEAs”) to select one of the identified high-quality curricula and materials by the time of their next adoption cycle, but in any case, no later than June 30, 2023, for mathematics and English language arts, and no later than June 30, 2026, for science and technology. LEAs shall select curriculum and materials that are responsive to the LEA’s cultural and linguistic needs, and support culturally responsive practices. LEAs shall implement the high-quality curricula and materials at the start of the school year that immediately follows the selection. If an LEA is unable to implement the high-quality curricula and materials fully due to financial hardship, the commissioner may grant the LEA an extension of time, provided that the LEA demonstrates continued efforts to complete the implementation.
(4) The commissioner shall institute a waiver process for LEAs that would like to use a curriculum other than any identified by the commissioner pursuant to this section. Part of that process may include, but is not limited to, asking the LEA to:
(i) Develop local curriculum goals;
(ii) Communicate the rationale for selecting the proposed curriculum over any of the curricula identified by the commissioner; and
(iii) Engage a third-party reviewer that has a proven track record of curriculum audits to review the proposed curriculum to ensure it aligns with state standards, establishes the scope and sequence of instruction, is of high quality, is culturally relevant, and to discuss any other strengths and weaknesses.
(5) Waiver determinations made pursuant to subsection (a)(4) of this section shall be appealable to the board of education.
(6) Any LEA that has at least seventy-five percent (75%) of its students meeting expectations on state assessments and also has no student subgroup identified for targeted assistance under Rhode Island’s accountability process may select and use curricula and materials other than any identified by the commissioner pursuant to this section for that subject area, only; provided, however, that if the LEA no longer has at least seventy-five percent (75%) of its students meeting expectations on state assessments, or if any student subgroup is identified for targeted assistance under Rhode Island’s accountability process, the LEA must select and implement one of the curricula identified by the commissioner pursuant to this section.
(7) LEAs shall develop and execute a curriculum implementation plan that includes professional development to ensure that all teachers and administrators are prepared to implement the new curriculum with the necessary skill and knowledge.
(8) The council shall develop procedures for updating the identification of curricula and materials pursuant to this section by no later than September 1, 2021. The procedures shall include a requirement that the council review and evaluate the identified curricula and materials regularly to ensure that the high quality of the curricula and materials is maintained. The review cycle shall begin in 2025, with subsequent reviews taking place in 2029, 2033, and every four (4) years thereafter.
(b) On or before December 1, 2020, and annually thereafter on or before December 1, the commissioner shall report to the governor, president of the senate, and the speaker of the house, regarding the progress toward fulfilling the requirements of this section, including, but not limited to, the high-quality curricula and materials identified, selected, and implemented by LEAs pursuant to this section.
(c) The state shall establish a professional development fund to provide professional learning to LEAs that elect to use prioritized curricula and materials in mathematics and English language arts as identified by the commissioner.
(d) For the purposes of this section, “local education agencies” (“LEAs”) shall include all of the following within the state of Rhode Island:
(1) Public school districts;
(2) Regional school districts;
(3) State-operated schools;
(4) Regional collaborative schools; and
(5) Charter schools.
History of Section. P.L. 2019, ch. 89, § 1; P.L. 2019, ch. 150, § 1; P.L. 2025, ch. 167, § 1, effective June 24, 2025; P.L. 2025, ch. 168, § 1, effective June 24, 2025.
(a) Once local education agencies (“LEAs”) select high-quality curriculum and materials pursuant to § 16-22-32, the department of elementary and secondary education (the “department”) shall identify an LEA assistance partner from within the department to provide any and all support requested by the LEA or individual schools within the LEA regarding access to, implementation of, and professional development for the curriculum and materials.
(b) The LEA assistance partner shall meet with teachers, principals, administrators, or other school officials of the LEA to which they are assigned at a school within the LEA on a regular basis, which shall be no less frequently than every three (3) months, to discuss the progress toward implementing the curriculum and materials effectively. Areas of discussion may include, but are not limited to:
(1) Barriers to learning and plans to eliminate said barriers;
(2) Best practices regarding pedagogical techniques given the diversity of the student population being served;
(3) Where to locate additional professional development resources; and
(4) Implementation strategies that have been successful to share with other LEAs that are using the same curriculum and materials.
(c) The LEA assistance partner shall tour all schools within its assigned LEA with at least one teacher and the principal or assistant principal:
(1) To observe challenges teachers are facing while implementing the curriculum and materials;
(2) To discuss with the teacher and principal or assistant principal ideas to help resolve those challenges; and
(3) To answer any questions regarding the curriculum or implementation thereof.
(d) The LEA assistance partner shall have follow-up meetings at schools within their assigned LEA as often as requested by an individual school or the entire LEA to ensure all educators are comfortable implementing the curriculum effectively.
(e) The LEA assistance partner shall report to the department no less frequently than every three (3) months regarding the status of curriculum implementation at the schools within their assigned LEA.
(f) The commissioner is hereby authorized to promulgate rules and regulations necessary to implement the provisions of this section.
(g) For the purposes of this section, “local education agencies” (“LEAs”) shall include all of the following within the state of Rhode Island:
(1) Public school districts;
(2) Regional school districts;
(3) State-operated schools;
(4) Regional collaborative schools; and
(5) Charter schools.
History of Section. P.L. 2019, ch. 89, § 1; P.L. 2019, ch. 150, § 1.
(a) For the purposes of this chapter, the “basic education program” means a set of regulations promulgated by the council on elementary and secondary education pursuant to its delegated statutory authority to determine standards for the Rhode Island public education system and the maintenance of local appropriation to support its implementation under Rhode Island general laws.
(b) The basic education program (BEP) shall include, but shall not be limited to, the following basic elements:
(1) A standard for students who are English language learners; and
(2) Any other requirements set forth elsewhere in Rhode Island general laws or departmental regulations.
(c) By August 1, 2022, and annually thereafter, the department of elementary and secondary education (the “department”) shall review BEP compliance of each local education agency (LEA) within the state. The department shall:
(1) Assess programmatic compliance with the BEP to ensure high-quality education is available to all public school students, regardless of where they reside or which school they attend;
(2) Determine the incremental cost to meet the BEP utilizing uniform chart of account (UCOA) data from the LEA and all LEAs statewide;
(3) Determine the sufficiency of both the state and the local education aid to the LEA to meet the BEP; and
(4) If a deficiency exists in the local education aid to the LEA to meet the BEP, the department shall consult with the department of revenue to issue a joint report to the general assembly on the feasibility of the municipality to raise sufficient funds to meet the BEP standard set in law.
History of Section. P.L. 2021, ch. 162, art. 10, § 3, effective July 6, 2021.
The department of elementary and secondary education shall, in collaboration with the Rhode Island resource recovery corporation, prescribe a presentation on litter prevention, reducing and reusing materials, and recycling awareness that shall be used to educate every public elementary and middle school student within the state on a yearly basis.
History of Section. P.L. 2021, ch. 272, § 1, effective July 9, 2021; P.L. 2021, ch. 273, § 1, effective July 9, 2021.
(a) Beginning with the 2023-2024 school year, every public elementary school and secondary school shall include in its curriculum a unit of instruction studying the events of Asian American, Native Hawaiian, and Pacific Islander (AA and NHPI) history, including the history of AA and NHPIs in Rhode Island and the Northeast, as well as the contributions of AA and NHPIs toward advancing civil rights from the 19th century onward. These events shall include the contributions made by individual AA and NHPIs in government and the arts, humanities, and sciences, as well as the contributions of AA and NHPI communities to the economic, cultural, social, and political development of the United States. The studying of this material shall constitute an affirmation by students of their commitment to respect the dignity of all races and peoples and to forever eschew every form of discrimination in their lives and careers.
(b) The commissioner of elementary and secondary education shall make available to all school districts instructional materials that may be used as guidelines for development of a unit of instruction under this section. Provided, however, each school district shall itself determine the minimum amount of instructional time that qualifies as a unit of instruction satisfying the requirements of this section.
History of Section. P.L. 2022, ch. 291, § 1, effective June 29, 2022; P.L. 2022, ch. 292, § 1, effective June 29, 2022.
(a) The Rhode Island department of education (“department”), in consultation with local education agencies (“LEAs”) that have a dual language immersion program, shall create a model policy and timeline to assist LEAs in developing and implementing a dual language immersion program.
(b) The LEAs approached by the department to consult on the model policy and timeline pursuant to subsection (a) shall cooperate with the department’s requests or inquiries related to any dual language immersion program in a timely manner.
(c) The model policy and timeline shall:
(1) Be accessed easily by LEAs through electronic publication or other public distribution; and
(2) Include, but need not be limited to:
(i) A detailed description of best practices;
(ii) A step-by-step timeline; and
(iii) A list of sources consulted and additional resources to which LEAs may refer if any questions arise concerning the development and implementation of a dual language immersion program.
(d) The model policy and timeline shall be sent to the president of the senate and the speaker of the house of representatives by January 1, 2023. The department shall also report to the general assembly, beginning on July 31, 2023, and annually thereafter, the number of LEAs with dual language immersion programs, the number of students served in a dual language immersion program by grade level, and the number of teachers for each grade with a dual language immersion program for the most recent school year.
(e) The Rhode Island department of education shall:
(1) Research the educational impact of dual language immersion programs across New England and report the findings to the general assembly no later than July 31, 2023; and
(2) Encourage LEAs to expand or develop courses in world languages in order that students in elementary and middle schools have access to these courses.
(f) For the purposes of this section, “local education agencies” shall include all of the following within the state of Rhode Island:
(1) Public school districts;
(2) Regional school districts;
(3) State-operated schools;
(4) Regional collaborative schools; and
(5) Charter schools.
History of Section. P.L. 2022, ch. 362, § 1, effective June 29, 2022; P.L. 2022, ch. 363, § 1, effective June 29, 2022.
The school committees of the several cities, towns, and school districts shall provide for pupils in the public schools in kindergarten through grade twelve (K-12) to be taught and be required to study courses that include instruction in career and technical education programs that include knowledge of careers and all types of employment opportunities, including, but not limited to, registered apprenticeships in accordance with chapter 45 of title 28, and emphasizing the advantages of completing school with marketable skills.
History of Section. P.L. 2022, ch. 346, § 2, effective January 1, 2023; P.L. 2022, ch. 347, § 2, effective January 1, 2023.
This chapter shall be known as and may be cited as “The Rhode Island statewide virtual education act.”
History of Section. P.L. 2012, ch. 250, § 1; P.L. 2012, ch. 268, § 1.
The legislature hereby finds and declares the following:
(1) A well-educated population benefits Rhode Island, supports its communities, enhances the standard of living for all of its citizens, increases its capacity for success, and lays the foundation for shared prosperity.
(2) Students in Rhode Island’s public elementary, secondary, and postsecondary schools and institutions should be able to take advantage of as many opportunities as possible to support and extend their learning. Their learning opportunities should allow them to acquire the knowledge and technology skills that will allow them to contribute to and participate in a digital world.
(3) The number and type of virtual learning programs and courses have increased considerably, and the prevalence of virtual learning continues to grow. Virtual learning utilizes the power and scalability of technology to remove the constraints of traditional classroom learning, which can allow Rhode Island’s students to access personalized learning at any time, in any place, and in ways that complement and extend traditional school settings.
(4) Public schools, school districts, and postsecondary institutions in Rhode Island should have the freedom to work with teachers, families, and students to create customizable learning opportunities that incorporate technology and reflect effective practices.
(5) The freedom that comes from technologically-supported opportunities to learn must be accompanied by a clear responsibility to ensure that such opportunities are of high quality, consistent with state standards for teaching and instruction, fulfill high school graduation requirements, reflect the principles of equity and access, and include accountability provisions that assure citizens that any investment of public tax dollars is well spent.
(6) Rhode Island is one of a few states that has not established the kind of statewide policies on virtual education that will create the optimal conditions for effective learning and instruction.
(7) The general assembly therefore finds that it is in the best interests of the people of the state of Rhode Island to enact the Rhode Island statewide virtual education act to create comprehensive regulations that will result in high quality, integrated virtual K-20 learning experiences that will engage and challenge students through structured, sustained study.
History of Section. P.L. 2012, ch. 250, § 1; P.L. 2012, ch. 268, § 1.
The purpose of this chapter is to provide access to high quality, rigorous, and relevant online learning opportunities for all of Rhode Island’s public school students and to ensure promulgation of virtual learning regulations supporting access to high quality virtual instruction consistently throughout the state.
History of Section. P.L. 2012, ch. 250, § 1; P.L. 2012, ch. 268, § 1.
When used in this chapter, the following terms shall have the following meanings:
(1) “Board” means the Rhode Island board of regents for elementary and secondary education.
(2) “Commissioner” means the Rhode Island commissioner for elementary and secondary education.
(3) “Course” means a course of study consistent with subdivision 16-1-5(4) and that meets the requirements of the basic education program.
(4) “School district” means local education agencies in Rhode Island operated by municipalities and those entities established under §§ 16-77.2-1, 16-77.3, and 16-77.4.
(5) “Teacher of record” means the teacher responsible for content instruction and determining student grades.
(6) “Virtual course” means a course in which:
(i) Instruction and content are delivered primarily through technology, including over the Internet, via television, and through multi-media;
(ii) A student and teacher may be in physically different locations for a portion of the student’s instructional period;
(iii) Most instructional activities take place in a technology-supported environment;
(iv) The technology-supported instructional activities are integral to the students’ academic program;
(v) Extensive communication between a student and a teacher and among students is emphasized; and
(vi) A student is not necessarily required to be located on the physical premises of a public school.
(7) “Virtual course provider” means:
(i) A public school district or school in Rhode Island that provides virtual courses to:
(A) Students enrolled in that district or school; or
(B) Students enrolled in another school district or school;
(ii) An accredited public or private institution of higher education in Rhode Island or another state that provides virtual courses or programs to students attending public schools in Rhode Island;
(iii) A not-for-profit or for-profit organization whose work includes offering virtual courses or programs to students attending public schools in Rhode Island.
History of Section. P.L. 2012, ch. 250, § 1; P.L. 2012, ch. 268, § 1.
With the direction and approval of the board of regents for elementary and secondary education, the commissioner for elementary and secondary education shall develop and promulgate regulations for Rhode Island school districts and other educational organizations that are using or intend to use virtual courses and other online learning opportunities with K-12 students and adult learners. The regulations shall include:
(1) Objective, standard criteria that ensures virtual courses and content for K-12 students are aligned with state content standards, meet or exceed the requirements of the state’s basic education program, fulfill high school graduation requirements, and promote articulation with public higher education institutions in the state;
(2) Objective, standard criteria for school districts to use to select quality providers of virtual courses and online content, which may include local school districts, not-for-profit and for-profit postsecondary institutions, and other organizations;
(3) Objective, standard criteria that ensures teachers of virtual courses and other online learning activities are appropriately trained and qualified and meet certification requirements set forth by the commissioner of education;
(4) Objective, standard criteria that ensures that local policies shall not limit student access to quality online learning opportunities;
(5) Objective, standard criteria that school districts can use to ensure that all learners in Rhode Island have access to high quality, rigorous, and relevant virtual courses and other online learning activities;
(6) Objective, standard procedures that school districts shall use to report and verify the attendance and participation of a student enrolled in a virtual course;
(7) Standard accountability provisions that ensure school districts monitor students enrolled in virtual courses and other online learning activities and when appropriate, report on student progress and performance using grade-appropriate and content-appropriate assessments;
(8) Objective, standard criteria that ensures that RIDE participates in statewide efforts to support virtual learning education with a focus on student access to quality online learning opportunities and ensuring efficiencies gained by coordinating resources;
(9) Any other requirements or limitations for virtual courses in Rhode Island.
History of Section. P.L. 2012, ch. 250, § 1; P.L. 2012, ch. 268, § 1.
(a) The commissioner shall utilize existing evaluation processes and protocols established through regulations adopted by the board of regents to ensure student access to quality and effective online content and instruction.
(b) Quality assurance reporting shall occur through the existing comprehensive data collection, analysis and accountability procedures at both the local and state level.
(c) The commissioner shall prepare a report each fiscal year that documents the conditions under which virtual education supports student learning in Rhode Island. The report shall include:
(1) Virtual course participation rates, with participation information disaggregated for core content areas;
(2) Expenditures related to virtual education, in aggregate and by district;
(3) The results of student assessments for students participating in virtual education in core content areas, disaggregated from overall district data; and
(4) Any other information the commissioner deems relevant.
(d) The commissioner’s report shall be delivered to the speaker of the house of representatives and to the president of the senate by January 31 of each year, and the information posted for public inspection on the Rhode Island department of education’s website.
History of Section. P.L. 2012, ch. 250, § 1; P.L. 2012, ch. 268, § 1.
In partnership with the commissioner of higher education, the commissioner of elementary and secondary education shall promote access to high quality virtual courses for all public elementary, secondary, and postsecondary students.
History of Section. P.L. 2012, ch. 250, § 1; P.L. 2012, ch. 268, § 1.
(a) It is the intent of the legislature to encourage excellence for all pupils, and the legislature wishes to publicly recognize pupils for exemplary achievements in academic studies.
(b) The study of languages other than English in elementary and secondary schools should be encouraged because it contributes to a pupil’s cognitive development and to our national economy and security.
(c) Proficiency in multiple languages is critical in enabling Rhode Island to participate effectively in a global political, social, and economic context, and in expanding trade with other countries.
(d) The demand for employees to be fluent in more than one language is increasing both in Rhode Island and throughout the world.
(e) The benefits to employers in having staff fluent in more than one language are clear and include access to an expanded market; allowing business owners to better serve their customers’ needs; and the sparking of new marketing ideas that better target a particular audience and open a channel of communication with customers.
(f) It is the intent of the legislature to promote linguistic proficiency and cultural literacy in one or more languages, in addition to English, and to provide recognition of the attainment of those needed and important skills through the establishment of the state seal of biliteracy. A state seal of biliteracy would be affixed on the high school diplomas and transcripts of graduating pupils attaining proficiency in one or more languages, in addition to English.
History of Section. P.L. 2016, ch. 97, § 1; P.L. 2016, ch. 111, § 1.
(a) A state seal of biliteracy is established to recognize high school graduates who have attained a high level of proficiency in listening, speaking, reading, and writing in one or more languages, in addition to English. The state seal of biliteracy shall be awarded by the commissioner. School district participation in this program shall be voluntary.
(b) The purposes of the state seal of biliteracy are as follows:
(1) To encourage pupils to study languages;
(2) To certify attainment of biliteracy;
(3) To provide employers with a method of identifying people with language and biliteracy skills;
(4) To provide universities with an additional method to recognize applicants seeking admission;
(5) To prepare pupils with twenty-first century skills;
(6) To recognize the value of foreign language, native language instruction, and multilingual education in public schools. For the purpose of this section, “foreign language” means any language other than English, including all modern languages, Latin, American sign language, native American languages, and native languages; and
(7) To strengthen intergroup relationships, affirm the value of diversity, and honor the multiple cultures and languages of a community.
(c)(1) The state seal of biliteracy certifies attainment of a high level of proficiency by a graduating high school pupil in one or more languages, in addition to English.
(2) The Seal of Biliteracy can be achieved at two (2) levels:
(i) The Rhode Island Gold Seal of Biliteracy will be awarded to students who have demonstrated their ability to narrate and describe in past, present, and future in a world language. Their language functions allow them to deal effectively with unanticipated complications. The gold level is aligned with the ACTFL “Advanced Low” Proficiency Guidelines (2012).
Students will earn a Gold Seal of Biliteracy if they meet the performance standard on a world language assessment from the Rhode Island department of education (RIDE)-approved assessment list.
(ii) The Rhode Island Silver Seal of Biliteracy will be awarded to students who have demonstrated their ability to create with the language, ask and answer simple questions, and handle a simple transaction in a world language. The silver level is aligned with the ACTFL “Intermediate Mid” Proficiency Guidelines (2012).
Students will earn a Silver Seal of Biliteracy if they meet the performance standard on an English assessment and the silver-level performance standard on a world language assessment from the RIDE-approved assessment list.
(d) The council on elementary and secondary education shall promulgate regulations of the commissioner as may be necessary to establish the criteria that students must achieve to earn a state seal of biliteracy, which may include, but shall not be limited to, attainment of units of credit in English language arts and languages other than English; passage of state assessments in English language arts and languages other than English; and passage of additional assessments of foreign language proficiency as may be approved by the commissioner for this purpose.
(e) The commissioner shall do both of the following:
(1) Prepare and deliver, to participating school districts, an appropriate insignia to be affixed to the diploma and transcript of the pupil indicating that the pupil has been awarded a state seal of biliteracy by the commissioner.
(2) Provide other information they deem necessary for school districts to successfully participate in the program.
(f) A school district that participates in the program under this section shall do both of the following:
(1) Maintain appropriate records in order to identify pupils who have earned a state seal of biliteracy.
(2) Affix the appropriate insignia to the diploma and transcript of each pupil who earns a state seal of biliteracy.
(g) No fee shall be charged to a pupil pursuant to this section.
History of Section. P.L. 2016, ch. 97, § 1; P.L. 2016, ch. 111, § 1; P.L. 2022, ch. 399, § 1, effective June 30, 2022; P.L. 2022, ch. 400, § 1, effective June 30, 2022.
(a) For admissions purposes, each public university and public community college in this state shall accept the state Silver Seal of Biliteracy and the Gold Seal of Biliteracy as world language coursework if taken during high school and if a student’s high school transcript indicates that he or she will be receiving or has received the state Seal of Biliteracy. The amount of world language coursework credit awarded would be based on the discretion of the respective public university and public community college.
(b) Each public community college and public university in this state shall establish criteria to translate a state Silver and Gold Seal of Biliteracy into course credit based on world language course equivalencies identified by the community college’s or university’s faculty and staff and, upon request from an enrolled student, the community college or university shall award world language course credit toward a minor, major or concentration in the language or general education course credit to a student who has received a state Seal of Biliteracy. Students enrolled in a public community college or public university who have received a state Seal of Biliteracy must request course credit for their Seal within three (3) academic years after graduating from high school.
(c) The criteria required pursuant to subsection (b) of this section shall be publicly displayed on the website of each public university and each public community college by June 30, 2024.
History of Section. P.L. 2022, ch. 399, § 2, effective June 30, 2022; P.L. 2022, ch. 400, § 2, effective June 30, 2022.
A change may be made in the school books in the public schools of any city or town or regional school district by a vote of a majority of all the members of the school committee, notice of the proposed change having been given, in writing, at a previous regular meeting of the committee; provided, that no change is made in any textbook in the public schools of any city or town or regional school district more often than once in three (3) years, unless by the consent of the department of elementary and secondary education.
History of Section. G.L. 1896, ch. 60, § 23; G.L. 1909, ch. 67, § 13; G.L. 1923, ch. 70, § 26; G.L. 1938, ch. 178, § 26; impl. am. P.L. 1951, ch. 2752, § 21; G.L. 1956, § 16-23-1; P.L. 1985, ch. 311, § 1.
(a) The school committee of every community as it is defined in § 16-7-16 shall furnish upon request, at the expense of the community, textbooks to all students in grades K-12 in the fields of mathematics, science, modern foreign languages, English/language arts and history/social studies, appearing on the list of textbooks published by the commissioner of elementary and secondary education as provided in § 16-23-3, to all pupils of elementary and secondary school grades resident in the community, the textbooks to be loaned to the pupils free of charge, subject to any rules and regulations as to care and custody that the school committee may prescribe. For loan purposes, non-public schools may not change a textbook assignment in a field more often than once in a three (3) year period as required of public schools in accordance with the provisions of § 16-23-1. Nothing in this section shall be construed as forbidding non-public schools from requiring the use of any textbook, consistent with the provisions of this chapter, that does not adhere to said limitation, provided that the textbook is furnished to the student through a means other than the school committee of the student’s city or town of residence.
(b) Every school committee shall also furnish at the expense of the community all other textbooks and school supplies used in the public schools of the community, the other textbooks and supplies to be loaned to the pupils of the public schools free of charge, subject to any rules and regulations as to care and custody that the school committee may prescribe. School books removed from school use may be distributed to pupils, and any textbook may become the property of a pupil who has completed the use of it in school, subject to rules and regulations prescribed by the school committee.
(c) Nothing in this section shall be construed to forbid requiring or accepting from a pupil a deposit of a reasonable amount of money as a guaranty for the return of school property other than the books and supplies required in this section to be loaned free of charge, provided that the school committee shall make suitable rules and regulations for the safekeeping and return of deposits; and, provided, further, that in establishing schedules for deposits, the school committee should include provision for waiver of deposit due to financial hardship.
History of Section. G.L. 1896, ch. 60, § 22; G.L. 1909, ch. 67, § 12; P.L. 1913, ch. 944, § 1; G.L. 1923, ch. 70, § 25; G.L. 1938, ch. 178, § 25; G.L. 1956, § 16-23-2; P.L. 1963, ch. 12, § 2; P.L. 1978, ch. 159, § 1; P.L. 2000, ch. 142, § 1; P.L. 2000, ch. 212, § 1; P.L. 2000, ch. 368, § 1; P.L. 2000, ch. 456, § 1; P.L. 2003, ch. 376, art. 9, § 11; P.L. 2008, ch. 232, § 1; P.L. 2008, ch. 323, § 1.
The commissioner shall publish annually a list of textbooks in use in the public schools in the fields of mathematics, science, modern foreign languages, English/language arts and history/social studies to all students in grades K-12. The list shall be published for the purpose of the loan of the textbooks to all resident pupils as provided for in § 16-23-2 and shall not include any textbooks of a sectarian nature or containing sectarian material.
History of Section. P.L. 1978, ch. 159, § 3; P.L. 2000, ch. 212, § 1; P.L. 2000, ch. 456, § 1; P.L. 2003, ch. 376, art. 9, § 11.
There is hereby established a textbook reimbursement fund for which the general assembly shall make a specific appropriation. The department of elementary and secondary education shall administer the appropriation. School districts shall submit to the department of elementary and secondary education evidence of the cost of English/language arts and/or history/social studies textbooks that the district has provided to students in grades K-12 pursuant to § 16-23-2. The costs shall be reimbursed from the textbook reimbursement fund by the department of elementary and secondary education upon presentation by a school district of the evidence of cost.
History of Section. P.L. 2000, ch. 212, § 2; P.L. 2000, ch. 456, § 2; P.L. 2003, ch. 376, art. 9, § 11.
[Repealed]
History of Section. P.L. 1986, ch. 529, § 1; P.L. 1987, ch. 334, § 1; Repealed by P.L. 2001, ch. 86, § 41, effective July 6, 2001.
If any part of this chapter is, for any reason, declared void, the invalidity shall not affect the validity of the remaining portions of this chapter.
History of Section. P.L. 1986, ch. 529, § 1.
(a) In any city or town where there is a child with a disability within the age range as designated by the regulations of the state board of education who is functionally limited to such an extent that normal educational growth and development is prevented, the school committee of the city or town where the child resides shall provide the type of special education that will best satisfy the needs of the child with a disability, as recommended and approved by the state board of education in accordance with its regulations governing the education of children with disabilities.
(b) Notwithstanding any other federal or state law or regulation, the school committee where a parentally placed child who has, or develops, a disability in private school resides, shall provide the child with the same free and appropriate education as it provides to children in public schools. These children shall have the same rights and remedies in the regulations of the board of education governing the education of children with disabilities as children in public school relative to initially determining eligibility, implementation, and/or any other rights and remedies relative to any special education services the child may be eligible to receive from the public school district.
(c) For the purpose of this statute, a parentally placed child who has, or develops, a disability in private school is defined as a child enrolled or placed in a private school by the unilateral decision of his or her parents and without consultation of the public school district, who either has, or at some point while at the private school is diagnosed with, a learning disability. Parents who unilaterally enroll their child in a private school are required to pay the tuition costs related to the child’s education that are unrelated to the child’s disability, and the public school district where the child resides is responsible for payment of the services related to the child’s disability as developed and determined in the child’s individual education plan.
(d) For the purpose of this statute, a free and appropriate education is defined as special education services and related services that:
(1) Are provided at public expense, under public supervision and direction, and without charge;
(2) Meet all of the standards and requirements of the state of Rhode Island department of education and requirements of the regulations of the board of education governing the education of children with disabilities, which shall include initial evaluation and determination procedures;
(3) Include preschool, elementary school, or secondary school education in the state; and
(4) Are provided in conformity with an individualized education program that meets the requirements of the regulations of the board of education governing the education of children with disabilities.
(e) In those cases that an individual education plan has been adopted for a child and the child moves to another town or city, the plan shall remain in effect until a new plan is adopted for the child in the new town or city.
(f) A child with a disability as referenced in subsection (a) of this section shall have available to them any benefits provided by this section up to their twenty-first birthday, in accordance with the student’s individualized education program (IEP). Provided, in the event such a child with a disability is enrolled in a postsecondary or transitional educational program as part of the services provided to the child by the school committee or local education agency (LEA), and such child reaches twenty-one (21) years of age during a school or program year, then the school committee’s or LEA’s obligation to pay for the postsecondary or transitional program shall continue through to the conclusion of the school or program’s academic year, in accordance with the student’s individualized education program. Not later than sixty (60) calendar days prior to the child turning twenty-one (21) years of age, the local educational agency (LEA) shall provide the child and the parent or guardian with notice explaining the rights under this section that remain in effect at age twenty-one (21). Further, not later than sixty (60) calendar days prior to the child turning twenty-one (21) years of age, the state adult service agencies responsible for planning, funding and providing services and supports for adults with developmental disabilities, including the state office of rehabilitation services (ORS) and the state department of behavioral healthcare, developmental disabilities and hospitals (BHDDH), shall provide the child and the parent or guardian with notice of the obligations and responsibilities that the respective agency owes to eligible recipients along with a level of funding and/or an individual support plan for the child twenty-one (21) years of age to receive. This section shall not be used to delay or defer the obligation of a state agency responsible for providing services to this population.
(g) For purposes of providing services under this chapter, “special education” shall have the same meaning as used in 34 C.F.R. § 300.39 and includes speech-language pathology services for students among the other services and supports provided for therein. The provision of speech-language pathology services shall not cease or be terminated solely because a child has attained nine (9) years of age or greater, if those services are still warranted.
History of Section. P.L. 1952, ch. 2905, § 1; P.L. 1954, ch. 3368, § 1; G.L. 1956, § 16-24-1; P.L. 1996, ch. 238, § 1; P.L. 1999, ch. 83, § 26; P.L. 1999, ch. 130, § 26; P.L. 2008, ch. 141, § 1; P.L. 2008, ch. 166, § 1; P.L. 2013, ch. 501, § 38; P.L. 2016, ch. 173, § 1; P.L. 2016, ch. 185, § 1; P.L. 2017, ch. 200, § 1; P.L. 2017, ch. 237, § 1; P.L. 2017, ch. 451, § 8; P.L. 2022, ch. 100, § 1, effective June 20, 2022; P.L. 2022, ch. 101, § 1, effective June 20, 2022.
(a) Unless expressly preempted by federal law, local education agencies (“LEAs”) shall obtain written parental consent before conducting an initial evaluation or making an initial placement of a student in a special education program of services. Except when the parent is unresponsive as described in the exception provided in this section, written parental consent shall also be obtained before:
(1) Conducting a reevaluation; and/or
(2) Making any changes to an existing Individualized Education Program (“IEP”).
(b) A parent may revoke consent at any time for all special education and related services. Except for initial evaluation and initial placement, consent may not be required as a condition of any continuing benefit to the student of existing services while disagreements about services are being resolved.
(c) In order that parental consent be properly informed, parents have the right, upon request, to observe any placement proposed for their child if the child is identified as eligible for special education services. An LEA may implement reasonable limitations on the timing, duration, and frequency of observation visits, but may only prohibit parents from visiting a placement with students present in limited circumstances when such prohibition is necessary to protect:
(1) The safety of the children in the program during the observation;
(2) The integrity of the program during the observation; or
(3) The confidential, personally identifiable information of children in the program, consistent with the provisions of the Family Educational Rights and Privacy Act (20 U.S.C. § 1232g) and the Individuals with Disabilities Education Act (20 U.S.C. § 1400 et seq.), both as may be amended from time to time.
(d) When imposing any such prohibition, the LEA shall:
(1) Allow parents to visit the placement or setting without students present; and
(2) Issue a written notification to the parents explaining why it was necessary to prohibit observation with students present.
(e) For forty-five-day (45) emergency placements in interim alternative educational settings under 34 C.F.R. § 300.530(g), LEAs shall offer parents an opportunity to observe the placement within a reasonable time following the placement, subject to the same reasonable limitations as described for other observation visits in this section. In implementing regulations, the Rhode Island department of elementary and secondary education (the “department”) may issue standards or guidance further detailing reasonable limitations or restrictions allowable hereunder.
(f) To further ensure informed parental participation, parents shall receive evaluation reports and other relevant written materials that will be considered at an eligibility or IEP meeting, including proposed goals and objectives for the IEP if they have been drafted, at least three (3) calendar days prior to attending the meeting at which those materials will be discussed. To address parental scheduling needs, parents can agree to the sharing of this material less than three (3) calendar days ahead of the meeting. All materials provided shall comply with legal requirements for language accessibility.
(g) The LEA’s timeframe for conducting initial evaluations and convening a meeting (as described in 200-RICR-20-30-6.7.2(A)(1)(b)) and for conducting revaluations and convening a meeting (as described in 200-RICR-20-30-6.7.2(C)(1)(b)) shall be sixty-three (63) calendar days.
(h)(1) No later than ten (10) school days after receipt of any proposed IEP, the parents shall accept or reject the IEP in writing.
(2) If the IEP is rejected, the parents may request a meeting to discuss the rejected IEP. Until the LEA and parents have reached consensus on a new IEP or the disputed issue(s) have been resolved via a facilitated IEP meeting, mediation, due process decision, or some other appropriate means, the existing IEP will remain effective.
(3) If the IEP is accepted, the LEA shall implement the IEP on the date specified in the proposed IEP.
(4) If the parents fail to respond within ten (10) school days after receipt of the proposed IEP, the LEA shall implement the proposed IEP on the date specified in the IEP.
(i) An LEA shall not be considered to be in violation of the requirement to make free and appropriate public education available to the child merely because the child does not receive the special education and related services for which the parent refuses to provide consent.
(j) If, subsequent to initial evaluation and initial IEP, the LEA is unable to obtain parental consent to a reevaluation or to a proposed change to an existing IEP, the LEA shall consider whether such action will result in the denial of a free, appropriate public education to the student. If, after consideration, the LEA determines that the parent’s failure or refusal to consent will result in a denial of a free, appropriate public education to the student, it may seek resolution of the dispute through mediation and/or a due process hearing. This subsection shall not apply if the parent has revoked consent to all special education and related services.
(k) When an LEA: (1) Proposes to initiate or change the identification, evaluation, or educational placement of the child or the provision of a free and appropriate public education to the child; or (2) Refuses to initiate or change the identification, evaluation, or educational placement of the child or the provision of a free and appropriate public education to the child, the LEA shall make and document at least three (3) efforts to contact the parent, utilizing at least two (2) of the following means: written notices sent by certified mail; electronic mail; telephone call; and home visits at such time as the parent is likely to be home. All attempts to provide notice shall comply with legal requirements for language and other accessibility. If the above efforts are attempted and documented, and the district is unable to secure parental response to a proposed reevaluation, placement subsequent to the initial placement in a special education program, or change to an IEP, the LEA may move forward with its proposed reevaluation, change in placement, and/or change to the existing IEP. This provision to override the lack of parental response shall not apply if the parent has revoked consent to all special education and related services.
History of Section. P.L. 2024, ch. 235, § 1, effective June 24, 2024; P.L. 2024, ch. 236, § 1, effective June 24, 2024.
No later than July 1, 2026, the department of elementary and secondary education (the “department”) shall promulgate rules and regulations consistent with the provisions of this section and § 16-24-1.1. No later than December 31, 2026, the department shall additionally review and revise its guidance related to its individualized education program (“IEP”) processes and consistent statewide model forms and documents related to IEP development. The department’s development of revised guidance shall include a robust public engagement process.
History of Section. P.L. 2024, ch. 235, § 2, effective June 24, 2024; P.L. 2024, ch. 236, § 2, effective June 24, 2024.
It shall be the duty of the state board of regents for elementary and secondary education to set up regulations for the purpose of carrying out the intent of this chapter; and the regulations shall also be applicable in the administration of all educational programs operated and/or supported by the department of behavioral healthcare, developmental disabilities and hospitals, human services, and corrections; the department of children, youth, and families and the board of regents shall report to the attorney general for the purpose of enforcing any noncompliance with its regulations for special education. The regulations shall include:
(1) Criteria to determine who is to be included in the category of a child with a disability and all persons from the age of three (3) to twenty-one (21) years who are functionally limited to such an extent that normal educational growth and development is prevented must be included in establishing the category of a child with a disability;
(2) Minimum criteria for establishment and/or reimbursement of special facilities (such as public school classes, hospital schools, etc.) for each category of exceptionality;
(3) Standard accounting procedures including a uniform system of accounts for the determination of the cost of special education and standard reporting requirements, both subject to the prior written approval of the auditor general, and methods of reimbursement;
(4) Teacher training recommendations and minimum teacher qualifications;
(5) Transportation;
(6) Provisions permitting parents, public education agencies, certified public school teachers, support personnel, and their authorized representatives to appeal decisions made pursuant to the regulations; and
(7) Any other regulations the state board of regents deems necessary to implement this chapter.
History of Section. P.L. 1952, ch. 2905, § 2; P.L. 1954, ch. 3368, § 1; G.L. 1956, § 16-24-2; P.L. 1971, ch. 210, § 1; P.L. 1976, ch. 130, § 6; P.L. 1987, ch. 410, § 1; P.L. 1989, ch. 126, art. 39, § 2; P.L. 1999, ch. 83, § 26; P.L. 1999, ch. 130, § 26; P.L. 2013, ch. 501, § 38.
The school committee of every city and town shall annually ascertain, under regulations prescribed by the state board of regents for elementary and secondary education, in cooperation with the directors of human services and behavioral healthcare, developmental disabilities and hospitals, the number of children residing in the town or city of school age who have disabilities.
History of Section. P.L. 1952, ch. 2905, § 3; P.L. 1955, ch. 3464, § 1; G.L. 1956, § 16-24-3; Reorg. Plan No. 1, 1970; P.L. 1999, ch. 83, § 26; P.L. 1999, ch. 130, § 26; P.L. 2013, ch. 501, § 38.
The school committee of each city and town shall provide for the transportation to and from school either within the school district or in another school district of the state for any child who has a disability in accordance with the regulations of the state board of regents for elementary and secondary education.
History of Section. P.L. 1952, ch. 2905, § 4; P.L. 1954, ch. 3368, § 1; G.L. 1956, § 16-24-4; P.L. 1999, ch. 83, § 26; P.L. 1999, ch. 130, § 26.
Wherever possible and practical two (2) or more cities or towns may organize in providing educational facilities in a district center for the children in the respective cities or towns who are in need of special care and individual instruction.
History of Section. P.L. 1952, ch. 2905, § 5; G.L. 1956, § 16-24-5.
(a) The state shall make available to the communities a special education fund to be appropriated annually for allocation to the communities for noncapital expenses for special education of children with disabilities in accordance with the regulations of the board of regents for elementary and secondary education. The cost of special education, including evaluation, support services, and training, including the cost of special education personnel, materials and equipment, tuition, transportation, rent, and contractual services, of the children in the program continuum placements provided under § 16-24-2 shall be paid by the state to the city or town at the same times provided in § 16-7-17 based on the financial and census data for the second school year preceding; provided, however, that the amount of the payment for special education pupils in each of the particular program placements shall not exceed one hundred and ten percent (110%) of the state median for special education pupils in that same placement. In determining the applicable state median expenditure for special education pupils for the purpose of this section, the board of regents shall under § 16-24-2 differentiate between types of program continuum placements on the basis of the amount of time a child requires special programs outside of the regular classroom to meet his or her particular needs, the ratio of personnel to pupils required for the programs, and the efficiency and economy of operating the programs. The board of regents may distribute the payments through the cooperative service arrangements provided for under chapter 3.1 of this title. The payments shall be made only after approval and certification by the board of regents that the payments are made pursuant to this section, that cost of special education has been determined and reported in accordance with the standard accounting and reporting procedures provided for in subdivision (3) of § 16-24-2, and that the program placements have met the regulations and requirements prescribed by the board of regents. The auditor general shall audit these payments and report, in writing, any exceptions to the board of regents and to the joint committee on legislative services.
(b) The commissioner of elementary and secondary education shall make a continuous evaluation of the operation of this section and at least once every three (3) years the board of regents for elementary and secondary education shall review the findings of the commissioner and shall make its recommendations in writing to the governor and to the general assembly.
(c) The general assembly shall appropriate to the board of regents for elementary and secondary education out of any money in the treasury not otherwise appropriated for each fiscal year that sum needed to carry out the purpose of this section; provided, that for each fiscal year following 1987-1988, the total appropriation for this purpose shall not be less than eight percent (8%) over the appropriation for the preceding fiscal year. For each fiscal year commencing 1992-1993, the total appropriation for this purpose shall not be less than one hundred percent (100%) of the approved special education excess expenditures. All entitlements except those in § 16-24-6.2 shall be ratably reduced if less than one hundred percent (100%) of the expenditures appropriated. The state controller is authorized and directed to draw his or her orders upon the general treasurer for the payment of the sum or so much of it as may be required from time to time upon receipt by the controller of properly authenticated vouchers.
(d) This chapter contemplates that expenses for special education for children with disabilities will be determined in accordance with standard accounting and reporting procedures required pursuant to § 16-24-2(3), and will be separable from expenses with respect to which state financial support is provided in § 16-7-20; the same expenses may not be counted twice, that is, once for the purpose of § 16-7-20 and again for the purpose of this chapter. The allocations herein are subject to review and adjustment by the auditor general on the basis of more accurate census or other data that may be obtained by him or her.
(e) The department of elementary and secondary education shall deduct and retain the sum of two hundred thousand dollars ($200,000) from the amount appropriated under subsection (c) of this section. This sum, which will serve as the state match to federal funds, shall be used by the department of elementary and secondary education to enter into an agreement with the division of vocational rehabilitation to procure the services of vocational rehabilitation counselors for special education students in the public schools, and the agreement shall be subject to the approval of the commissioner of elementary and secondary education.
History of Section. P.L. 1976, ch. 130, § 2; P.L. 1980, ch. 152, § 6; P.L. 1987, ch. 288, § 3; P.L. 1987, ch. 558, § 1; P.L. 1988, ch. 129, art. 18, § 1; P.L. 1990, ch. 65, art. 30, § 1; P.L. 1992, ch. 133, art. 43, § 3; P.L. 1993, ch. 426, § 1; P.L. 1999, ch. 83, § 26; P.L. 1999, ch. 130, § 26; P.L. 2001, ch. 86, § 42.
[Repealed]
History of Section. P.L. 1989, ch. 126, art. 39, § 5; Repealed by P.L. 1992, ch. 133, art. 43, § 5, effective July 1, 1992.
[Repealed]
History of Section. P.L. 1992, ch. 133, art. 43, § 4; P.L. 1993, ch. 138, art. 77, § 2; Repealed by P.L. 1996, ch. 404, § 16, effective August 9, 1996.
The term “minors with intellectual or developmental disabilities” means all children between the age of three (3) and twenty-one (21) who because of delayed intellectual development, as determined by an individual multidisciplinary evaluation, require specialized instruction appropriate to their individual capacity.
History of Section. P.L. 1952, ch. 2905, § 3; P.L. 1955, ch. 3464, § 1; G.L. 1956, § 16-24-7; P.L. 1976, ch. 221, § 1; P.L. 2023, ch. 61, § 1, effective June 14, 2023; P.L. 2023, ch. 62, § 1, effective June 14, 2023.
History of Section. P.L. 1952, ch. 2905, § 3; P.L. 1955, ch. 3464, § 1; G.L. 1956, §§ 16-24-8, 16-24-9; Repealed by P.L. 1976, ch. 221, § 2.
Each city and town that contains fewer than eight (8) minors with intellectual or developmental disabilities may contract with another city or town for the education of the minors or may establish a special class pursuant to the previous provision with the consent of the board of regents for elementary and secondary education. In the event that a city or town does not establish a class for fewer than eight (8) minors with intellectual or developmental disabilities or contract with another city or town, then the city or town shall contract with a suitable day school for instruction adapted to the mental attainments of the minors; provided that the day schools shall be subject to the regulations and supervision of the state board of regents for elementary and secondary education.
History of Section. P.L. 1952, ch. 2905, § 3; P.L. 1955, ch. 3464, § 1; G.L. 1956, § 16-24-10; P.L. 2023, ch. 61, § 1, effective June 14, 2023; P.L. 2023, ch. 62, § 1, effective June 14, 2023.
Transportation shall be provided for all pupils attending a special class or suitable day schools.
History of Section. P.L. 1952, ch. 2905, § 3; P.L. 1955, ch. 3464, § 1; G.L. 1956, § 16-24-11; P.L. 2023, ch. 61, § 1, effective June 14, 2023; P.L. 2023, ch. 62, § 1, effective June 14, 2023.
[Repealed]
History of Section. P.L. 1952, ch. 2905, § 3; P.L. 1955, ch. 3463, § 1; G.L. 1956, § 16-24-12; Repealed by P.L. 1960, ch. 27, § 12.
Classes for children with disabilities as described in the regulations of the state board of regents for elementary and secondary education shall be provided for those children in all the state institutions and also in state operated and state supported facilities where children with disabilities reside subject to all regulations of the state board of regents for elementary and secondary education.
History of Section. P.L. 1952, ch. 2905, § 3; P.L. 1955, ch. 3464, § 1; G.L. 1956, § 16-24-13; P.L. 1976, ch. 221, § 1; P.L. 1999, ch. 83, § 26; P.L. 1999, ch. 130, § 26.
History of Section. P.L. 1952, ch. 2905, §§ 6, 8; P.L. 1954, ch. 3368, § 1; P.L. 1955, ch. 3464, § 2; G.L. 1956, §§ 16-24-14, 16-24-15; Repealed by P.L. 1960, ch. 27, § 12, and P.L. 1966, ch. 220, § 1.
For the purpose of furnishing transportation and providing incidental expenses for the education of minors with intellectual or developmental disabilities, a center approved by the director of behavioral healthcare, developmental disabilities and hospitals shall be decreed to be a school as considered in this chapter.
History of Section. P.L. 1968, ch. 129, § 1; P.L. 1970, ch. 322, § 1; Reorg. Plan No. 1, 1970; P.L. 2013, ch. 501, § 38; P.L. 2023, ch. 61, § 1, effective June 14, 2023; P.L. 2023, ch. 62, § 1, effective June 14, 2023.
No school district shall pay to any provider of either health or educational services to children with disabilities under this title any charges in excess of the rate currently being charged by the provider to any other public or private purchaser for the basic services, including any charges for room and board, nor shall the school district pay any charges in excess of the rate currently being charged by the provider to any other public or private purchaser for any other services deemed necessary by the individual education program. The school districts may request from the provider one hundred twenty (120) days prior to the start of their fiscal year a rate for services to be rendered for the ensuing fiscal year and the providers shall not change the rates during the ensuing fiscal year.
History of Section. P.L. 1983, ch. 77, § 1; P.L. 1999, ch. 83, § 26; P.L. 1999, ch. 130, § 26.
(a) There is established within the department of elementary and secondary education an interagency transition council (the “transition council”) composed of:
(1) The administrators or their designees of the following:
(i) Department of human services — office of rehabilitation services;
(ii) Department of behavioral healthcare, developmental disabilities and hospitals — division of developmental disabilities;
(iii) Department of behavioral healthcare, developmental disabilities and hospitals — division of behavioral healthcare;
(iv) Department of children, youth, and families;
(v) Department of elementary and secondary education — office of student, community and academic supports;
(vi) Department of elementary and secondary education — office of adult and career and technical education;
(vii) Department of labor and training — human resource investment council;
(viii) Department of health — division of community, family health, and equity; and
(2) Commissioner of higher education or his or her designee; and
(3) Two (2) young persons with disabilities, two (2) parents of young persons with disabilities, and two (2) representatives of local school districts and one transition coordinator from one of the regional educational collaboratives, appointed by the commissioner of elementary and secondary education.
(4) One representative of community-based providers of services to adults with developmental disabilities and one representative of community-based providers of adult behavioral healthcare services, appointed by the director of the department of behavioral healthcare, developmental disabilities and hospitals.
(b) The goal of the transition council is to ensure the preparedness of students with disabilities, upon leaving school, to live and work in the community.
(c) The transition council shall draft and propose periodic revisions to the cooperative agreement among the state departments and offices for the provisions of services in the transition of young persons with disabilities from school to self-sufficient adult life. The directors of the state departments and agencies shall sign the cooperative agreement and any revisions, prior to their implementation. The transition council shall oversee the implementation of the cooperative agreement. The council shall issue guidelines or instructions and recommend to the state departments and agencies appropriate directives necessary to effectuate the implementation of the cooperative agreement. The transition council shall develop joint plans for state departments and agencies and local school districts for providing transition services to assist young persons with disabilities. The transition council shall, after hearing from the public, issue an annual report to the governor, children’s cabinet, and general assembly on the status of transition services and recommendations for improving opportunities for young persons with disabilities to make a successful transition from school to self-sufficient adult life.
(d) Individualized transition planning will be initiated by the school district to include the young person with a disability, guardian, general education and special education personnel as appropriate, career and technical education, and representatives of any party to the delivery and implementation of the individual plan. Transition planning will begin by age fourteen (14) or younger if determined appropriate in the individualized education program, for each eligible young person with a disability and shall be reviewed and updated annually.
(e) As used in this section:
(1) “Transition services” means a coordinated set of activities for a young person with a disability, designed within an outcome oriented process, that promotes movement from school to post-school activities including postsecondary education, vocational training, integrated employment (including supported employment), continuing and adult education, adult services, independent living, or community participation. The activities shall be based on the needs of the individual young person with a disability, taking into account the young person with a disability’s preferences and interests; and shall include needed activities in the areas of:
(i) Instruction:
(ii) Community experiences;
(iii) The development of employment and other post-school adult living objectives; and
(iv) If appropriate, acquisition of daily living skills and functional vocational evaluation.
(2) “Young person(s) with a disability” means those students:
(i) Evaluated in accordance with the Individuals with Disabilities Education Act, 20 U.S.C. § 1400 et seq., as having mental retardation, hearing impairments including deafness, speech or language impairments, visual impairments including blindness, serious emotional disturbance, orthopedic impairments, autism, traumatic brain injury, other health impairments, specific learning disabilities, deaf-blindness, or multiple disabilities; or
(ii) Who because of those impairments needs special education and related services, and
(iii) Age fourteen (14) or younger if determined appropriate in the individualized education program.
History of Section. P.L. 1994, ch. 230, § 1; P.L. 1998, ch. 128, § 1; P.L. 1998, ch. 320, § 1; P.L. 2000, ch. 320, § 1; P.L. 2000, ch. 466, § 1; P.L. 2012, ch. 197, § 1; P.L. 2012, ch. 244, § 1.
(a) Every public school district shall, on the district’s website:
(1) Post and maintain either a link to the website of the district’s special education local advisory committee (the “committee”), or provide the contact information for the committee; and
(2) Post or otherwise list the dates of meetings of the committee during the school year.
(b) All districts shall maintain and promote committees that are active. As used herein, the term “active” means that the committee meets at least four (4) times per year during the school year; provided, one of these four (4) meetings may take place during the summer months if the district operates an extended school year program for students with disabilities. A parent, guardian, or other legally responsible adult of a student in a district where the committee is not active may notify the school superintendent as to this lack of an active committee, on a written notice form (“notice”) prepared by the district. Upon receipt of a notice under this section, the district superintendent and the director of special education shall investigate the notice to determine if the committee is or is not active. If the committee is not active, the district shall investigate why the committee is not active and shall undertake efforts to make the committee active.
(c) At every meeting with a parent, guardian, or other responsible adult (“responsible adult”) of a student who is disabled, which meeting involves a review, modification, or continuation of that student’s individual education program or 504 plan, the district shall provide a written notice to the responsible adult that informs the responsible adult of the provisions of this section, including, but not limited to, the contact information for the committee and the dates of scheduled meetings.
History of Section. P.L. 2023, ch. 383, § 1, effective June 26, 2023; P.L. 2023, ch. 384, § 1, effective June 26, 2023.
This chapter shall be known and may be cited as “The Rhode Island Autism Spectrum Disorder Education Act.”
History of Section. P.L. 2009, ch. 201, § 2.
It is hereby found and declared as follows:
(a) Autism is a neurobiological, developmental disorder that is defined by behavioral and development features.
(b) Autism is best characterized as a spectrum of disorders that vary in severity of symptoms, age of onset and association with other disorders (e.g. mental retardation, specific language delay, epilepsy) and are unique in their pattern of deficits and areas of relative strengths. They generally have lifelong effects on how children learn to be social beings, to care for themselves, and to participate in the community.
(c) The incidence of autism has dramatically increased. In 1992, one in ten thousand (10,000) children were diagnosed with “ASD”, yet currently one in one hundred fifty (150) children have this disorder.
(d) Children and youth with Autism Spectrum Disorders (ASD) offer unique challenges to families, teachers and others who work with them, particularly with nonverbal and verbal communication and behavior problems.
(e) Medical and psychological experts still do not know the causes of “ASD”, prevention of “ASD” or unified strategies dealing with children and adults afflicted with such disorder.
(f) Education, both directly of children and youth, and of parents and teachers, is currently the primary form of treatment for Autism Spectrum Disorders (ASD).
(g) The education of children and youth with ASD is accepted as a public responsibility. However, goals, methods and resources available vary greatly from school system to school system, school to school, and class to class.
(h) Education is defined as the fostering of the acquisition of skills or knowledge- including not only academic learning, but also socialization, adaptive skills, language and communication, and reduction of behavior problems to assist the child to develop independence and social responsibility.
(i) “ASD” exacts an enormous economic toll on society, including the public school system and family finances.
(j) The Autism Society of America estimates that the lifetime cost of caring for a child with autism ranges from three million five hundred thousand dollars ($3,500,000) to five million dollars ($5,000,000), and that the United States is facing almost ninety billion dollars ($90,000,000,000) annually in costs for autism.
History of Section. P.L. 2009, ch. 201, § 2.
It shall be the goal and purpose of this act to promote the early diagnosis of ASD and therapeutic strategies for treatment and assistance to individuals with autism. The state of Rhode Island must take the lead in combating the increasingly rapid problems associated with “ASD” and the current treatments and strategies. It is the intent of the legislature in enacting this chapter to reinforce screening for children who are uninsured and/or underinsured through the Rhode Island department of health with assistance from experts, service providers and parents. It is the further intent of the general assembly, subject to appropriation and/or the receipt of other resources designated for these purposes, to authorize the Rhode Island department of health to provide appropriate testing and screening models to determine a proper diagnosis of “ASD” and to create a case management system to properly catalogue such diagnosis. In addition, subject to appropriation and/or the receipt of other resources designated for these purposes, this chapter shall authorize programs of outreach, education, increased awareness and cultural competence to the statewide community.
History of Section. P.L. 2009, ch. 201, § 2.
To implement the state’s autism public policies, the following steps should be taken:
(1) The department of health shall develop a coordinated plan for collecting prevalence data and reporting it;
(2) The department of human services shall continue to raise public awareness especially among families regarding the need for early intervention and how to access it;
(3) The department of human services shall continue its current practice, to raise awareness of early intervention providers and families for earlier assessment and intervention;
(4) The department of human services will increase the capacity and improve consistency of early intervention programs and providers;
(5) The department of education shall develop a “Needs Assessment Document” to perform a random sampling in the public schools to differentiate between what student needs are being met and what needs are not being met. This information will be used to identify how needs are currently being met and how that information can be used to develop a way to meet the unmet needs; identify ways the existing system could be modified to support the unmet needs;
(6) The department of education in conjunction with Rhode IslandCollege shall produce a series of instructional modules that could be embedded into existing pre-service courses in multi-disciplines; and
(7) The department of education in conjunction with Rhode Island College shall develop a continuing education certificate in autism spectrum disorders at Rhode Island College (to be offered jointly with Salve Regina University and the University of Rhode Island).
History of Section. P.L. 2009, ch. 201, § 2.
[Repealed]
History of Section. G.L. 1896, ch. 85, § 1; P.L. 1896, ch. 322, § 1; G.L. 1909, ch. 100, § 1; G.L. 1923, ch. 186, § 1; impl. am. P.L. 1951, ch. 2752, § 21; G.L. 1956, § 16-25-1; P.L. 1963, ch. 160, § 1; P.L. 1971, ch. 89, art. 2, § 1; P.L. 1999, ch. 83, § 28; P.L. 1999, ch. 130, § 28; Repealed by P.L. 2012, ch. 241, art. 12, § 8, effective July 1, 2012.
[Repealed]
History of Section. G.L. 1896, ch. 85, § 2; G.L. 1909, ch. 100, § 2; G.L. 1923, ch. 112, § 2; G.L. 1938, ch. 186, § 2; impl. am. P.L. 1952, ch. 2752, § 21; G.L. 1956, § 16-25-2; Repealed by P.L. 2012, ch. 241, art. 12, § 8, effective July 1, 2012.
[Repealed]
History of Section. G.L. 1896, ch. 85, § 3; G.L. 1909, ch. 100, § 3; P.L. 1920, ch. 1879, § 1; G.L. 1923, ch. 112, § 3; G.L. 1938, ch. 186, § 3; impl. am. P.L. 1951, ch. 2752, § 21; G.L. 1956, § 16-25-3; Repealed by P.L. 1992, ch. 272, § 1, effective July 21, 1992; Repealed by P.L. 2012, ch. 241, art. 12, § 8, effective July 1, 2012.
[Repealed]
History of Section. G.L. 1909, ch. 100, § 4; P.L. 1913, ch. 945, § 1; G.L. 1923, ch. 112, § 4; G.L. 1938, ch. 186, § 4; impl. am. P.L. 1951, ch. 2752, § 21; G.L. 1956, § 16-25-4; P.L. 1999, ch. 83, § 28; P.L. 1999, ch. 130, § 28; Repealed by P.L. 2012, ch. 241, art. 12, § 8, effective July 1, 2012.
[Repealed]
History of Section. G.L. 1909, ch. 100, § 5; P.L. 1913, ch. 945, § 1; G.L. 1923, ch. 112, § 5; P.L. 1929, ch. 1341, § 1; G.L. 1938, ch. 186, § 5; impl. am. P.L. 1951, ch. 2752, § 21; G.L. 1956, § 16-25-5; P.L. 1992, ch. 272, § 2; P.L. 1999, ch. 83, § 28; P.L. 1999, ch. 130, § 28; Repealed by P.L. 2012, ch. 241, art. 12, § 8, effective July 1, 2012.
[Repealed]
History of Section. G.L. 1896, ch. 85, § 4; P.L. 1898, ch. 545, § 1; P.L. 1902, ch. 1048, § 1; G.L. 1909, ch. 100, § 4; redesignated § 6 by P.L. 1913, ch. 945, § 2; G.L. 1923, ch. 112, § 6; P.L. 1935, ch. 2250, § 149; G.L. 1938, ch. 186, § 6; impl. am. P.L. 1939, ch. 660, § 65; impl. am. P.L. 1951, ch. 2752, § 21; G.L. 1956, § 16-25-6; P.L. 1976, ch. 130, § 3; P.L. 1992, ch. 272, § 2; Repealed by P.L. 2012, ch. 241, art. 12, § 8, effective July 1, 2012.
[Repealed]
History of Section. G.L. 1938, ch. 186, § 7; P.L. 1940, ch. 802, § 8; impl. am. P.L. 1951, ch. 2752, § 21; G.L. 1956, § 16-25-7; Repealed by P.L. 1992, ch. 272, effective July 21, 1992.
As used in this chapter:
(1) “Blind student” means an individual who is eligible for special education services and who:
(i) Has a visual acuity of 20/200 or less in the better eye with correcting lenses or has a limited field of vision so that the widest diameter subtends an angular distance of no greater than twenty degrees; or
(ii) Has a medically indicated expectation of visual deterioration.
(2) “Braille” means the system of reading and writing through touch commonly known as standard English Braille.
(3) “Individualized education program” means a written statement developed for a student eligible for special education services pursuant to the federal Individuals with Disabilities Education Act, 20 U.S.C. § 1400 et seq.
History of Section. P.L. 1993, ch. 389, § 1.
In developing the individualized educational program for those students who demonstrate loss of functional vision that renders the reading of print inefficient, the presumption shall be that proficiency in Braille reading and writing is essential for the student to achieve satisfactory educational progress. The assessment performed for each visually impaired student shall include a Braille skills inventory, including a statement of strengths and deficits. Braille instruction and use shall not be required if, in the course of developing the student’s individualized education program, all members of the planning and placement team concur that the student’s visual impairment does not affect reading and writing performance commensurate with his or her ability. The provision of other appropriate services shall not be precluded by the use of Braille. Nothing in this section shall be construed to require the exclusive use of Braille if other special education services are appropriate to the student’s educational needs.
History of Section. P.L. 1993, ch. 389, § 1.
Instruction in Braille reading and writing shall be sufficient to enable each blind student to communicate effectively and efficiently with the same level of proficiency expected of the student’s peers of comparable ability and grade level. The student’s individualized education program shall specify:
(1) The results obtained from the inventory required pursuant to § 16-25.1-2;
(2) How Braille shall be implemented as the primary mode for learning through integration with other classroom activities;
(3) The date on which Braille instruction shall commence;
(4) The length of the period of instruction and the frequency and duration of each instructional session;
(5) The level of competency in Braille reading and writing to be achieved by the end of the period and the objective assessment measures to be used; and
(6) If a decision has been made pursuant to § 16-25.1-2 that Braille instruction or use is not required for the student:
(i) A statement that the decision was reached after a review of pertinent literature describing the educational benefits of Braille instruction and use; and
(ii) A specification of the evidence used to determine that the student’s ability to read and write effectively without special education service is not impaired.
History of Section. P.L. 1993, ch. 389, § 1.
The board of regents for elementary and secondary education shall require teachers seeking certification to teach students who are blind or visually impaired to demonstrate competency in reading and writing Braille. The board shall adopt regulations, in accordance with the provisions of the general statutes, to establish standards for assessing competency that are consistent with the standards adopted by the National Library Service for the Blind and Physically Handicapped, Library of Congress.
History of Section. P.L. 1993, ch. 389, § 1; P.L. 1999, ch. 83, § 29; P.L. 1999, ch. 130, § 29.
As used in this chapter:
(1) “American sign language” means the visual/gestural language used by deaf people in the United States and Canada, with semantic, syntactic, morphological, and phonological rules which are distinct from English.
(2) “Deaf student” means an individual who has a hearing impairment which adversely affects educational performance and which is so severe that the student is impaired in processing linguistic information through hearing, with or without amplification.
(3) “English sign” systems means sign systems developed for educational purposes, which use manual signs in English word order; sometimes with added affixes which are not present in American sign language.
(4) “Hard of hearing student” means an individual who has a hearing impairment, whether permanent or fluctuating, which adversely affects a child’s educational performance but which is not included under the definition of “deaf student” in this section.
(5) “Individualized education program” means a written statement developed for a student eligible for special education services pursuant to the federal Individuals with Disabilities Education Act, 20 U.S.C. § 1400 et seq.
(6) “Primary communication mode, style, and language” means that communication mode, style, and language which is preferred by and most effective for a particular student, as determined by appropriate language assessment undertaken by individuals proficient in the communication mode, style, or languages being assessed.
History of Section. P.L. 1995, ch. 161, § 1.
(a) In developing the individualized educational program for those students who are deaf or hard of hearing, the assessments necessary for the development of the program shall include a language assessment performed for each student to determine that student’s primary communication mode, style, and language. The language assessment shall be undertaken by individuals proficient in the communication mode, style, or language(s) being assessed. The communicative social, emotional, and cultural needs and preferences of students who are deaf or hard of hearing vary widely and deserve careful consideration. The language assessment required for development of an individualized educational program shall consider the primary means of communication to which a child is accustomed, the student’s ability and opportunities to communicate with others, whether hearing or not, and student and parent preferences for communication mode, style, and language. Some students who are deaf or hard of hearing use American sign language, others more effectively express and receive English or another language orally and aurally, with or without visual signs or cues. Other students may most effectively use a combination of language(s) or communication modes. In order to meet the individual needs of these students, a variety of options must be available when determining an appropriate program.
(b) In undertaking the development of an individualized educational program for students who are deaf or hard of hearing, the individualized educational program team shall consider the individual educational needs of each student including, but not limited to, each of the following factors which is appropriate for the individual student:
(1) Providing the student who is deaf or hard of hearing with administrators, teachers, teacher aids, audiologists, speech therapists, psychologists, interpreters, and other personnel who are trained to work with children who are deaf or hard of hearing and are proficient in the primary language(s) and language mode(s) of those children;
(2) Providing children who are deaf or hard of hearing with an educational environment which includes other students who are deaf or hard of hearing who are of approximately the same age and ability and with whom they can directly communicate;
(3) Providing children who are deaf or hard of hearing with opportunities to interact with adult role models who are deaf or hard of hearing;
(4) Providing children who are deaf or hard of hearing with full access to all components of the educational process, including but not limited to recess, lunch, and extracurricular activities;
(5) Teaching children who are deaf or hard of hearing in English and American sign language so that they develop an “adult” level of fluency; and
(6) That the determination of the least restrictive environment as used in state and federal law takes into consideration the unique communication needs of children who are deaf or hard of hearing as described in this chapter. Nothing in this chapter shall be construed to require a particular language, communication, or program choice for a student who is deaf or hard of hearing. Those determinations must be made through the individualized education decision making process for each student.
History of Section. P.L. 1995, ch. 161, § 1; P.L. 1999, ch. 83, § 30; P.L. 1999, ch. 130, § 30.
Individuals involved in administering assessment tools to students who are deaf or hard of hearing shall be proficient in the student’s primary communication mode, style, or language as determined by a language assessment consistent with the requirements of § 16-25.2-2. All assessments shall be delivered in the student’s primary communication mode, style, or language as determined by a language assessment consistent with the requirements of § 16-25.2-2, shall have been validated for the specific purposes for which they are used, and shall be appropriately normed.
History of Section. P.L. 1995, ch. 161, § 1.
The board of regents for elementary and secondary education shall require teachers seeking certification to teach students who are deaf or hard of hearing after July 3, 1995 to demonstrate competency in American sign language in addition to the English language and communication competencies already required for certification. The board shall adopt regulations, in accordance with the provisions of the general statutes, to establish standards for assessing competency which are consistent with the standards adopted by the board of examiners of interpreters for the deaf; provided, however, that the board may, through regulation, require a demonstrated level of competency less stringent than that required for interpreters. Teachers seeking certification shall be permitted to meet the requirements imposed by this section during the three (3) years of their provisional certification.
History of Section. P.L. 1995, ch. 161, § 1; P.L. 1999, ch. 83, § 30; P.L. 1999, ch. 130, § 30.
To ensure proper servicing of communicatively impaired students, the general assembly recognizes that the quality and effectiveness of speech language services is affected by several factors, including but not limited to caseloads. The addition of a speech language pathologist (SLP) to an affected student’s multidisciplinary team will further assist in ensuring proper referral.
History of Section. P.L. 1995, ch. 84, § 1.
(a) Each school district is encouraged by the general assembly to employ one full time certified speech language pathologist for every forty (40) students who receive speech language services within the age range of three (3) to twenty-one (21). In cases where the number of students receiving speech language services is above forty (40), the school district is encouraged to employ a speech language pathologist on a part time pro-rata basis.
(b) When a speech and language evaluation or the provision of speech language services are being considered or are part of the student’s program the speech language pathologist shall be a member of the multidisciplinary team.
(c) In the event an individual seeks emergency certification from the department of elementary and secondary education in the area of speech language pathology, the individual must meet the following minimum requirements before the granting of emergency certification by the department of elementary and secondary education:
(1) Hold a bachelor’s degree in communicative disorders from an accredited college or university;
(2) Have successfully completed no less than eighteen (18) hours of graduate credit in the area of speech language pathology.
(d) Individuals under emergency certification to conduct the business of a speech language pathologist shall be under the direct supervision of a certified speech language pathologist. At no time shall a certified speech language pathologist supervise more than one emergency certified speech language pathologist.
History of Section. P.L. 1995, ch. 84, § 1; P.L. 1999, ch. 203, § 1; P.L. 2006, ch. 246, art. 19, § 6; P.L. 2007, ch. 73, art. 21, §§ 3, 4; P.L. 2013, ch. 501, § 42.
As part of the triennial process for review of the regulations of the board of regents for elementary and secondary education governing the special education of students with disabilities, the department of elementary and secondary education shall include a review of the regulation relating to speech or language impairment, which review shall include consideration of the federal definition of speech or language impairment as well as consideration of the definitions of communication disorders and variations from the American Speech-Language-Hearing Association, as appropriate, in order to establish educationally significant standards that will assist in appropriate referral and service delivery to students.
History of Section. P.L. 1995, ch. 84, § 1.
The department of elementary and secondary education and the board of regents for elementary and secondary education shall accept American Speech-Language-Hearing Association (ASHA) accredited continuing education units (CEU’s) completed by a speech-language pathologist (SLP) to fulfill continuing education requirements, in combination with or in lieu of college course credits. American Speech-Language-Hearing Association continuing education units will be reported in transcript from the ASHA Registry of Continuing Education to the office of teacher certification within the department of elementary and secondary education.
History of Section. P.L. 1997, ch. 304, § 1.
This chapter shall be known and may be cited as the “Rhode Island American Sign Language Instruction Act”.
History of Section. P.L. 1996, ch. 317, § 1.
(a) The legislature declares that:
(1) The recognition of the unique social, cultural, and linguistic heritage of a community is crucial to the respect and well-being of that community;
(2) It is crucial that children of every community receive strong language base;
(3) Over the last twenty (20) years, a significant and growing body of scientific inquiry of American Sign Language (ASL) has been undertaken with the result that ASL is a valid, formal, and natural language, the use of which is vital to the preservation of the culture and heritage of the deaf community;
(4) While the majority of members of the deaf and hard of hearing community use American Sign Language as a primary means of communication, other members of the community employ a variety of means of communication including oral-aural communication and other manually coded systems;
(5) The study and learning of American Sign Language contributes to a greater understanding of the social and cultural aspects of deafness and to the breakdown of communication barriers that have existed between people who are hearing and deaf and thus to the advancement of the state’s expressed policy to encourage and enable deaf people, and other people who are disabled, to participate fully in the economic, political and social life of the state.
(b) The general assembly recognizes that American Sign Language is a fully developed, autonomous, natural language with distinct grammar, syntax, vocabulary, and cultural heritage which is used by individuals who are hearing and deaf and hard of hearing in the United States, and determines that American Sign Language shall be accorded equal status with other linguistic systems in the state’s public and higher education systems.
History of Section. P.L. 1996, ch. 317, § 1; P.L. 1999, ch. 83, § 31; P.L. 1999, ch. 130, § 31.
The department of elementary and secondary education, in consultation with the state’s school districts, two (2) consumer members of the state’s deaf community to be appointed by the Rhode Island Association of the Deaf, two (2) members of the Rhode Island Association of the Deaf, or their designee to be appointed by the presiding officer, two (2) members of the Rhode Island commission on the deaf and hard of hearing or their designee to be appointed by the presiding officer, two (2) members of the American Sign Language Teachers’ Association or their designee to be appointed by the presiding officer, one person with expertise in linguistics or language to be appointed by the state board of regents for elementary and secondary education and one person with expertise in linguistics or language to be appointed by the board of governors for higher education, shall develop the educational curriculum, adopt teacher qualification standards, and implement policies and procedures for the teaching of American Sign Language in the state’s public elementary and secondary education system. In order to effectively communicate pursuant to this section, the state’s department of elementary and secondary education shall incur all fees relating to sign language interpreters.
History of Section. P.L. 1996, ch. 317, § 1.
The state board of governors for higher education, in consultation with the state’s public institutions of higher education, two (2) consumer members of the state’s deaf community to be appointed by the Rhode Island Association of the Deaf, two (2) members of the Rhode Island Association of the Deaf or their designee to be appointed by the presiding officer, two (2) members of the Rhode Island commission on the deaf and hard of hearing or their designee to be appointed by the presiding officer, two (2) members of the American Sign Language Teachers’ Association or their designee to be appointed by the presiding officer, one person with expertise in linguistics or language to be appointed by the state board of regents for elementary and secondary education and one person with expertise in linguistics or language to be appointed by the board of governors for higher education, shall adopt teacher qualification standards and develop and implement policies and procedures for offering instruction in American Sign Language in the state’s system of higher education. In order to effectively communicate pursuant to this section, the state’s board of governors shall incur all fees relating to sign language interpreters.
History of Section. P.L. 1996, ch. 317, § 1.
(a) A public elementary and secondary student may count credit for satisfactorily completing a course in American Sign Language towards the fulfillment of a foreign language requirement in the public education system under rules made by the state board of elementary and secondary education.
(b) If a course in American Sign Language is offered by a state university, college, or community college, it shall be accepted as a foreign language credit. Successful completion of any American Sign Language course in the common schools shall satisfy the foreign language entrance requirements for a state institution of higher education.
History of Section. P.L. 1996, ch. 317, § 1.
Nothing in this chapter shall be construed to infringe upon the ability of a state university, college, or community college to establish degree requirements including foreign language requirements. If any provisions of this chapter or of any rule, regulation, or order made under this chapter, or its application to any person or circumstances, is held invalid by a court of competent jurisdiction, the remainder of this chapter, rule, regulation, or order, and the application of the provision to other persons or circumstances, shall not be affected by this invalidity. The invalidity of any section or sections or parts of any section or sections of this chapter shall not affect the validity of the remainder of this chapter and it is declared to be the legislative intent that this chapter would have been enacted if the invalid parts had not been included in it.
History of Section. P.L. 1996, ch. 317, § 1.
The name of the institution previously existing under the provisions of this chapter as the Rhode Island Institute for the Deaf is changed to Rhode Island School for the Deaf, and shall be known as Rhode Island School for the Deaf. Where the words “Rhode Island Institute for the Deaf” occur in any general law, public law, or resolution of the general assembly, or are used in any document, record, instrument, or proceeding authorized by any law or resolution relating to the Rhode Island Institute for the Deaf, these words shall be construed to mean the Rhode Island School for the Deaf.
History of Section. P.L. 1926, ch. 757, § 1; G.L. 1938, ch. 187, § 1; G.L. 1956, § 16-26-1.
The state board of regents for elementary and secondary education shall have supervision, administration, and control of the school for the deaf.
History of Section. G.L. 1938, ch. 187, § 2; P.L. 1951, ch. 2752, § 13; G.L. 1956, § 16-26-2.
[Repealed]
History of Section. P.L. 1935, ch. 2250, § 85; G.L. 1938, ch. 187, § 2; G.L. 1938, ch. 187, § 2A; P.L. 1951, ch. 2752, § 14; Repealed by P.L. 1999, ch. 103, § 2; P.L. 1999, ch. 274, § 2. The repeal by chapter 103 is effective June 24, 1999, and the repeal by chapter 274 is effective July 2, 1999. For present similar provisions, see § 16-26-3.1.
(a) The powers delegated and authorized in this chapter 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.
(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 chapter 35 of title 42.
(c)(1) The purpose of this chapter is to restructure the governance of the Rhode Island School for the Deaf.
(2) 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.
(3) 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.
(4) The board of regents shall establish strategic directions for the education of deaf and hard of hearing children in the state of Rhode Island.
(5) The board of regents shall provide parameters for budget requests, recommend a budget, and participate in budget development.
(d)(1) The commissioner of elementary and secondary education shall recommend parameters for the overall budget requests, recommend a budget, and participate in budget development.
(2) The commissioner shall approve the process for selection of a director of the school.
(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 § 16-13-4. The board of trustees shall have broad policy making authority of the operation of the school consistent with this subsection and the following powers and duties:
(1) To identify the needs of deaf and hard of hearing children in the state of Rhode Island.
(2) To develop educational policies to meet the needs of deaf and hard of hearing children served by the school for the deaf.
(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.
(4) To provide policy guidance and participate in budget development.
(5) To develop staffing policies which ensure that all students are taught by educators of the highest possible quality.
(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, that the term and conditions of employment are subject to the approval of the board of regents for elementary and secondary education.
(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:
(i) To be responsible for the entire care, supervision, and management of the school for the deaf.
(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.
(iii) To present nominations to the board of trustees for assistant administrators and to appoint all other school personnel.
(iv) To provide for the evaluation of all school personnel.
(v) To establish a school based management approach for decision making for the operation of the school.
(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.
(vii) To establish appropriate advisory committees as needed to provide guidance and feedback on the operation of the school.
(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.
(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 for 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.
(h) Nothing in this section shall be deemed to limit or 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.
History of Section. P.L. 1999, ch. 103, § 3; P.L. 1999, ch. 274, § 3.
History of Section. G.L. 1896, ch. 86, § 4; G.L. 1909, ch. 101, § 4; G.L. 1923, ch. 113, § 4; P.L. 1938, ch. 187, § 4; impl. am. P.L. 1951, ch. 2752, § 21; P.L. 1969, ch. 128, § 1; Repealed by P.L. 1999, ch. 103, § 2; P.L. 1999, ch. 274, § 2. The repeal by chapter 103 is effective June 24, 1999, and the repeal by chapter 274 is effective July 2, 1999. For present similar provisions, see § 16-26-3.1.
The board of regents for elementary and secondary education may admit any persons in the Rhode Island School for the Deaf as provided in § 16-26-7.
History of Section. G.L. 1896, ch. 86, § 3; G.L. 1909, ch. 101, § 3; G.L. 1923, ch. 113, § 3; G.L. 1938, ch. 187, § 3; impl. am. P.L. 1951, ch. 2752, § 21; G.L. 1956, § 16-26-6.
(a) All children of parents, or under the control of guardians or other persons, legal residents of this state, between the ages from birth to twenty-one (21) years, whose hearing or speech, or both, are impaired as to make it impracticable for this student to make progress toward his or her educational goals by attending the public schools may attend the Rhode Island School for the Deaf, without charge, under any rules and regulations as the board of regents for elementary and secondary education may establish.
(b) Deaf persons from birth to twenty-one (21) years, who are legal residents of the state, shall be entitled to the privilege of the school without charge, and for any period of time in each individual case as may be deemed appropriate by the board of regents for elementary and secondary education; residents of other states may be admitted upon the payment of any rates of board and tuition as may be fixed by the board.
History of Section. G.L. 1896, ch. 86, § 4; P.L. 1896, ch. 332, § 1; G.L. 1909, ch. 101, §§ 4, 6; G.L. 1923, ch. 113, §§ 4, 6; G.L. 1938, ch. 187, § 4; impl. am. P.L. 1951, ch. 2752, § 21; G.L. 1956, § 16-26-7; P.L. 1999, ch. 103, § 1; P.L. 1999, ch. 274, § 1.
(a) Each city and town may contract with the Rhode Island School for the Deaf to establish and operate programs for the hearing impaired.
(b) When 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.
History of Section. P.L. 1986, ch. 243, § 1; P.L. 1999, ch. 103, § 1; P.L. 1999, ch. 274, § 1.
[Repealed]
History of Section. G.L. 1896, ch. 332, § 2; C.P.A. 1905, § 1205; G.L. 1909, ch. 101, § 7; G.L. 1923, ch. 113, § 7; G.L. 1938, ch. 187, § 6; impl. am. P.L. 1951, ch. 2752, § 21; Repealed by P.L. 1999, ch. 103, § 2; P.L. 1999, ch. 274, § 2. The repeal by chapter 103 is effective June 24, 1999, and the repeal by chapter 274 is effective July 2, 1999.
Any child having attended the school for a time or course prescribed by the board, upon leaving the school, shall be entitled to receive a certificate of his or her proficiency from the board.
History of Section. P.L. 1896, ch. 332, § 3; G.L. 1909, ch. 101, § 8; G.L. 1923, ch. 113, § 8; G.L. 1938, ch. 187, § 7; impl. am. P.L. 1951, ch. 2752, § 21; G.L. 1956, § 16-26-9.
The board of regents for elementary and secondary education shall annually in the month of January make a report to the general assembly of the state and condition of the school, and a statement of all expenses incurred for salaries, maintenance, tuition, and other items of current expense, together with an estimate of the amount of money necessary to meet the current expenses of the next year.
History of Section. G.L. 1896, ch. 86, § 5; G.L. 1909, ch. 101, § 5; G.L. 1923, ch. 113, § 5; G.L. 1938, ch. 187, § 5; impl. am. P.L. 1951, ch. 2752, § 21; G.L. 1956, § 16-26-10.
The board of regents for elementary and secondary education shall carry out the provisions of this chapter and shall make any rules and regulations governing the operation of the school that may be required.
History of Section. P.L. 1935, ch. 2250, § 85; G.L. 1938, ch. 187, § 8; P.L. 1951, ch. 2752, § 15; G.L. 1956, § 16-26-11.
(a) The 2009 general assembly, through the FY 2010 appropriation act, established a fee for a service program, also known as a tuition program, for the Rhode Island school for the deaf effective July 1, 2009 in accordance with the fee structure developed and implemented by the department of elementary and secondary education. Under this fee for service program, and the provisions of Rhode Island general law § 16-26-7.1 notwithstanding, districts shall be assessed tuition to cover the costs of educational services that are additional to the core deaf and hard-of-hearing education program that is provided to resident students at the Rhode Island school for the deaf.
(b) Tuition assessed at the school for the deaf to cover costs of educational services that are additional to the core deaf and hard-of-hearing education program shall be based on a graduated tuition schedule correlating to the varying needs of students. Districts shall receive three (3) times each school year, invoices summarizing the basis for the tuition charged. There shall be deducted from the final aid payment to each school district at the end of the fiscal year any amounts owed to the state for these additional educational services. All tuition paid by districts and any aid deducted for non-payment shall be deposited in a restricted receipt account and shall be exempt from the indirect cost recovery provisions of § 35-4-7.
(c) The school for the deaf is hereby authorized to rent or lease space in its school building. The school shall deposit any revenues from such agreements into a restricted receipt account, to be known as the school for the deaf rental income account, to be used for the same educational purposes that its state appropriation is used. Any such rental agreements must receive prior approval from the school’s board of trustees and by the state properties committee.
History of Section. P.L. 2011, ch. 151, art. 10, § 5.
The name of the Rhode Island program for blind and visually impaired children shall be known as the “Rhode Island Vision Education and Services Program”. Where the words “Rhode Island Blind and Visually Impaired Children” occur in any general law, public law, or resolution of the general assembly, or are used in any document, record, instrument, or proceeding authorized by any law or resolution relating to the Rhode Island Blind and Visually Impaired Children, these words shall be construed to mean the Rhode Island vision education and services program.
History of Section. P.L. 2006, ch. 549, § 1.
(a) The powers delegated and authorized in this chapter 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.
(b) The governance, funding, and programming of the Rhode Island Vision Education and Services Program (hereinafter referred to as RIVESP) shall be in accordance with the rules and regulations formulated by the board of regents for elementary and secondary education pursuant to chapter 35 of title 42.
(c) The board of regents for elementary and secondary education shall appoint the members of the advisory board 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 advisory board shall be comprised of eleven (11) individuals, not less than six (6) of whom shall be persons or parents of persons who are blind and visually impaired. The commissioner may seek input on nominations of persons or parents, guardians of persons who are blind and visually impaired from organizations whose membership is primarily made up of parents of blind and visually impaired individuals, individuals who are blind and visually impaired, or organizations whose purpose is advocacy for individuals who are blind and visually impaired, as well as from other sources. For purposes of obtaining input from diverse sources regarding suggestions for nominations for the first advisory board to be nominated by the commissioner, the commissioner shall convene a public forum to obtain broad input prior to making the initial nominations for the founding membership on the advisory board. No person in any way employed by or doing business for monetary gain with the RIVESP shall be eligible for appointment to the board. The departments of education, health, human services, and the RIVESP shall serve ex-officio and be nonvoting members.
(d) The board of regents shall establish strategic directions for the education of blind and visually impaired children in the state of Rhode Island.
(e) The board of regents shall provide parameters for budget requests, recommend a budget, and participate in budget development.
(f) The commissioner of elementary and secondary education shall recommend parameters for the overall budget requests, recommend a budget, and participate in budget development.
(g) The advisory board shall meet not less than quarterly and serve without compensation. Five (5) members of the advisory board shall be required for quorums. They shall keep records of their meetings and report annually on the educational progress of the Rhode Island vision and educational services program to the commissioner, board of regents and the general assembly, and state library.
(h) The advisory board shall recommend to the RIVESP:
(1) The needs of the blind and visually impaired children in the state of Rhode Island;
(2) The educational and service policies required to meet the needs of blind and visually impaired children served by the RIVESP;
(3) Policy guidance and suggestions for budget development;
(4) Methods which ensure that all students are taught by educators of the highest possible quality;
(5) Appropriate committees and/or workgroups as needed, to provide guidance and feedback on the goals and outcomes of the RIVESP;
(6) Make themselves available to the board of regents, departments of education, health, human services and to the RIVESP in order to provide a link between these agencies. The advisory board shall utilize as a guiding document to advise policy, and annually update, the “Special House Commission to Promote and Develop a Comprehensive System of Education for Visually Impaired Children, The Final Report, November 2005”; and
(7) The educational policies to meet the needs of the blind and visually impaired children and to advise on implementation of policies established by the board of regents, and the RIVESP.
History of Section. P.L. 2006, ch. 549, § 1.
The board of regents for elementary and secondary education shall annually, on or before January 31st, make a report to the general assembly of the state and condition of the Rhode Island vision education and services program and a statement of all expenses incurred for salaries, maintenance, tuition, and other items of current expense, together with an estimate of the amount of money necessary to meet the current expense of the next year.
History of Section. P.L. 2006, ch. 549, § 1.
(a) Any city and town local educational authority may contract with RIVESP to establish and operate programs for the blind and visually impaired.
(b) When these programs are operated by the RIVESP, each participating city or town shall be assessed for the cost of the program. The assessments shall be deposited in a restricted receipt account for the purpose of funding expenditures necessary to operate the regional program.
History of Section. P.L. 2006, ch. 549, § 1.
The state board of regents for elementary and secondary education shall have supervision, administration, and control of RIVESP.
History of Section. P.L. 2006, ch. 549, § 1.
[Repealed]
History of Section. P.L. 1919, ch. 1737, §§ 1 and 3; P.L. 1921, ch. 2031, § 1; P.L. 1921, ch. 2033, § 1; P.L. 1919, ch. 1737, § 5; P.L. 1921, chs. 20 and 33, § 2; G.L. 1923, ch. 79, §§ 1, 3, 5-7; P.L. 1927, ch. 1039, § 1; P.L. 1934, ch. 2129, § 1; P.L. 1936, ch. 2293, § 1; G.L. 1938, ch. 183, §§ 1, 3, 5-8; G.L. 1938, ch. 183, §§ 2, 4, 9, 10; P.L. 1949, ch. 2215, § 1; P.L. 1955, ch. 3553, §§ 1, 2; G.L. 1956, §§ 16-27-1 — 16-27-11; P.L. 1959, ch. 160, § 1; P.L. 1966, ch. 221, § 1; Reorg. Plan No. 1, 1970; P.L. 1974, ch. 123, § 1; Repealed by P.L. 1980, ch. 395, § 1. For present law, see § 42-12-8 et seq.
[Repealed]
History of Section. P.L. 1978, ch. 233, § 1; Repealed by P.L. 1980, ch. 78, § 1; P.L. 1980, ch. 395, § 1.
[Repealed]
History of Section. P.L. 1955, ch. 3514, §§ 1-3; G.L. 1956, §§ 16-28-1 — 16-28-3; Repealed by P.L. 1981, ch. 32, § 22. For present similar provisions of law, see § 16-61-1 et seq.
[Repealed]
History of Section. P.L. 1955, ch. 3514, § 4; G.L. 1956, § 16-28-4; P.L. 1979, ch. 147, § 1; P.L. 1980, ch. 226, § 3; P.L. 1981, ch. 32, § 23; P.L. 1986, ch. 287, art. 8, § 2; Repealed by P.L. 2013, ch. 144, art. 7, § 1, effective July 1, 2013.
[Repealed]
History of Section. P.L. 1955, ch. 3514, § 4; G.L. 1956, § 16-28-5; Repealed by P.L. 2013, ch. 144, art. 7, § 1, effective July 1, 2013.
[Repealed]
History of Section. P.L. 1955, ch. 3514, § 5; G.L. 1956, § 16-28-6; Repealed by P.L. 2013, ch. 144, art. 7, § 1, effective July 1, 2013.
[Repealed]
History of Section. P.L. 1980, ch. 226, § 4; Repealed by P.L. 1982, ch. 414, § 3, effective May 20, 1982.
One or more public evening schools, in which attendance shall be free for persons resident in the city or town in which the school shall be located, and in which the speaking, reading, and writing of the English language shall be taught for two (2) hours on each of at least one hundred (100) nights between the first of September and the first of June in each year, shall be established and maintained by the school committee of every city or town in which twenty (20) or more persons more than sixteen (16) and less than twenty-one (21) years of age, who cannot speak, read, and write the English language, are resident; provided, that the school committee of two (2) adjoining cities or towns may unite for the purpose of establishing and maintaining jointly, at some convenient place, an evening school for persons resident in these cities or towns.
History of Section. P.L. 1919, ch. 1802, § 1; G.L. 1923, ch. 80, § 1; G.L. 1938, ch. 196, § 1; G.L. 1956, § 16-29-1.
The school committee of any city or town may establish and maintain one or more public day continuation schools for the teaching of the English language and American citizenship, at which any person beyond compulsory school age, resident in the city or town, may attend free of expense, or may make provisions, at the expense of the city or town, for the attendance of these persons in continuation schools in other cities or towns.
History of Section. P.L. 1919, ch. 1802, § 2; G.L. 1923, ch. 80, § 2; G.L. 1938, ch. 196, § 2; G.L. 1956, § 16-29-2.
For the purpose of this chapter day continuation or evening schools may be established in shops or factories; provided, that these schools are under control and supervision of the school committee.
History of Section. P.L. 1919, ch. 1802, § 3; G.L. 1923, ch. 80, § 3; G.L. 1938, ch. 196, § 3; G.L. 1956, § 16-29-3.
The superintendent of schools of every city or town shall annually, on or before the first day of October, notify the department of elementary and secondary education in writing of the number and location and hours of session of schools established and maintained by the school committee in compliance with the provision of § 16-29-1, and after this shall give immediate and similar notice of any school or schools subsequently established during the school year.
History of Section. P.L. 1919, ch. 1802, § 8; P.L. 1920, ch. 1903, § 1; G.L. 1923, ch. 80, § 8; G.L. 1938, ch. 196, § 8; impl. am. P.L. 1951, ch. 2752, § 21; G.L. 1956, § 16-29-4.
Public evening schools and day continuation schools established under the provisions of this chapter may, if approved by the department of elementary and secondary education, receive state support from the annual appropriations for evening schools and industrial education.
History of Section. P.L. 1919, ch. 1802, § 5; G.L. 1923, ch. 80, § 5; G.L. 1938, ch. 196, § 5; impl. am. P.L. 1951, ch. 2752, § 21; G.L. 1956, § 16-29-5.
The department of elementary and secondary education is authorized and empowered to provide for the visitation, inspection, and supervision of day and evening schools maintained under the provisions of this chapter, and the general assembly shall annually appropriate any sum that it may deem necessary to defray the expenses of the visitation, inspection, and supervision, for meeting any appropriation as may be provided by the federal government for similar purposes, and for the promotion of Americanization; and the state controller is authorized and directed to draw his or her orders upon the general treasurer for the payment of the sum, or so much of this sum as may from time to time be required, upon receipt by the controller of proper vouchers approved by the department of elementary and secondary education.
History of Section. P.L. 1919, ch. 1802, § 6; G.L. 1923, ch. 80, § 6; P.L. 1925, ch. 580, § 1; P.L. 1935, ch. 2250, § 149; G.L. 1938, ch. 196, § 6; impl. am. P.L. 1939, ch. 660, § 65; impl. am. P.L. 1951, ch. 2752, § 21; G.L. 1956, § 16-29-6.
[Repealed]
History of Section. P.L. 1919, ch. 1802, § 3; G.L. 1923, ch. 80, § 3; G.L. 1938, ch. 196, § 3; impl. am. P.L. 1951, ch. 2752, § 21; G.L. 1956, § 16-29-7; Repealed by P.L. 2019, ch. 92, § 1, effective July 8, 2019; P.L. 2019, ch. 126, § 1, effective July 8, 2019.
Attendance in private schools or private instruction in the English language may be accepted as compliance with this chapter in lieu of attendance on public instruction only if the private instruction is approved by the school committee as substantially equivalent in content, method, and the hours of instruction to the instruction offered in public schools. Persons instructed in private schools, or receiving private instruction in accordance with the provisions of this section, shall be deemed as having acquired reasonable facility in speaking, reading, and writing the English language as provided in § 16-29-7 only after the successful passage by the person of an examination provided for by the school committee.
History of Section. P.L. 1919, ch. 1802, § 3; G.L. 1923, ch. 80, § 3; G.L. 1938, ch. 196, § 3; G.L. 1956, § 16-29-8.
[Repealed]
History of Section. P.L. 1919, ch. 1802, § 4; G.L. 1923, ch. 80, § 4; G.L. 1938, ch. 196, § 4; impl. am. P.L. 1951, ch. 2752, § 21; G.L. 1956, § 16-29-9; Repealed by P.L. 2019, ch. 92, § 1, effective July 8, 2019; P.L. 2019, ch. 126, § 1, effective July 8, 2019.
The truant officer or truant officers appointed by the school committee in compliance with the provisions of § 16-19-3 shall, under the direction of the school committee, inquire into all cases of irregular attendance or of failure or neglect to attend upon instruction in compliance with the requirements of this chapter, and shall be authorized to make complaints in case of violation of the compulsory attendance provisions of this chapter, and to serve legal processes issued in pursuance of this chapter; provided, that no truant officer complaining under the provisions of this chapter shall be required to give surety for costs, and no officer shall become liable for any costs that may accrue on the complaint.
History of Section. P.L. 1919, ch. 1802, § 7; P.L. 1920, ch. 1903, § 1; G.L. 1923, ch. 80, § 7; G.L. 1938, ch. 196, § 7; G.L. 1956, § 16-29-10.
The general assembly shall annually appropriate any sum as it may deem necessary for the promotion of home and community classes in any city or town for instruction in the use of the English language, in the common rights and obligations of citizenship, and in the fundamental principles of the American plan of government. These classes may be established and maintained by the department of elementary and secondary education or by the school committee of any city or town, and may be held in the day or evening and, except as provided in this section, shall be open to any person over sixteen (16) years of age who cannot read, write, or speak the English language, and may be held in homes or in other suitable places approved by the school committee of the city or town or by the department of elementary and secondary education.
History of Section. G.L. 1923, ch. 80, § 9; P.L. 1930, ch. 1532, § 1; G.L. 1938, ch. 196, § 9; impl. am. P.L. 1951, ch. 2752, § 21; G.L. 1956, § 16-29-11.
When in any city or town a class of twenty (20) or more persons has been organized in accordance with the provisions of § 16-29-11, the school committee shall provide a teacher for this class, and pay the expenses of instruction from the appropriation of the city or town for the support of the public schools. The school committee of two (2) or more adjoining cities or towns may unite for the purpose of establishing and maintaining classes jointly at convenient places as provided in § 16-29-11, and may determine by agreement what part of the cost of maintenance shall be paid by each city or town.
History of Section. G.L. 1923, ch. 80, § 9; P.L. 1930, ch. 1532, § 1; G.L. 1938, ch. 196, § 9; G.L. 1956, § 16-29-12.
Attendance upon any class shall not be obligatory, but where there is a day or evening school maintained by a city or town in accordance with the provisions of this chapter, no resident of the city or town under twenty-one (21) years of age shall be allowed to attend any class except by permission of the superintendent of schools of the city or town.
History of Section. G.L. 1923, ch. 80, § 9; P.L. 1930, ch. 1532, § 1; G.L. 1938, ch. 196, § 9; G.L. 1956, § 16-29-13.
The department of elementary and secondary education shall appoint a home class supervisor whose duty it shall be to recruit, organize, supervise, and teach classes authorized by §§ 16-29-11 through 16-29-13, and to cooperate with the school committee of any city or town in the establishment and maintenance of the classes; and the department may fix the compensation of the supervisor within the appropriation made by § 16-29-11 to be paid from the appropriation. The state controller is authorized and directed to draw his or her orders upon the general treasurer for the payment from time to time of the sum appropriated or so much of this sum as may be necessary, upon receipt of vouchers approved by the state department of elementary and secondary education.
History of Section. G.L. 1923, ch. 80, § 9; P.L. 1930, ch. 1532, § 1; G.L. 1938, ch. 196, § 9; impl. am. P.L. 1939, ch. 660, § 65; impl. am. P.L. 1951, ch. 2752, § 21; G.L. 1956, § 16-29-14.
History of Section. G.L. 1938, ch. 176, §§ 19, 20; P.L. 1946, ch. 1790, § 1; G.L. 1956, §§ 16-30-1, 16-30-2; Repealed by P.L. 1980, ch. 395, § 1.
[Repealed]
History of Section. P.L. 1935; ch. 2250, § 84; G.L. 1938, ch. 188, § 1; impl. am. P.L. 1939, ch. 660, § 65; P.L. 1939, ch. 688, §§ 1-11; P.L. 1951, ch. 2752, § 20; P.L. 1951, ch. 2686, § 2; P.L. 1951, ch. 2727, art. 1, § 3; impl. am. P.L. 1951, ch. 2752, § 20; P.L. 1956, ch. 3696, §§ 1, 2; G.L. 1956, § 16-31-1 — 16-31-15; impl. am. P.L. 1959, ch. 44, § 3; P.L. 1966, ch. 132, § 1; P.L. 1967, ch. 152, § 1; P.L. 1968, ch. 37, § 1; P.L. 1968, ch. 181, §§ 1, 2; P.L. 1979, ch. 174, art. VIII, § 1; Repealed by P.L. 1988, ch. 84, §§ 52 and 121, effective May 27, 1988.
Where in any existing law reference is made to Rhode Island State College, the term “University of Rhode Island” shall be used in lieu of this term.
History of Section. P.L. 1951, ch. 2686, § 3; G.L. 1956, § 16-32-1.
(a) There is hereby created a board of trustees for the university of Rhode Island, sometimes referred to as the “board” or “board of trustees,” which shall be and is constituted a public corporation, empowered to sue and be sued in its own name; to borrow money; to compromise and settle claims; to have a seal; and to make and execute contracts and other instruments necessary or convenient to the exercise of its powers; and to exercise all the powers, in addition to those specifically enumerated in this chapter, usually appertaining to public corporations entrusted with control of postsecondary educational institutions and functions. Upon its organization, the board shall be vested with the legal title to all property, real and personal, now owned by and/or under the control or in the custody of the council on postsecondary education for the use of the university of Rhode Island, including all its departments, divisions, and branches, sometimes referred to as the property.
(b) The board is empowered to hold and operate the property in trust for the state; to acquire, hold, and dispose of the property and other like property as deemed necessary for the execution of its corporate purposes. The board is made successor to all powers, rights, duties, and privileges for the university of Rhode Island formerly belonging to the council on postsecondary education pertaining to postsecondary education and the board of governors for higher education.
(c) The board shall be the employer of record for the university. It shall retain all authority formerly vested in the council on postsecondary education and the board of education regarding the employment of faculty and staff at the university of Rhode Island. The board shall appoint the president of the university and shall review their performance on an annual basis.
(1) The board is empowered to enter into contracts and agreements with the council on postsecondary education and/or the department of administration related to employee benefits, including but not limited to retirement benefits, health, dental, vision and life insurance, disability insurance, workers’ compensation, and tuition waivers to maximize the state’s and university’s purchasing and investment portfolio and educational opportunities for the benefit of its employees.
(2) The board is empowered to enter into collective bargaining agreements as appropriate with its employees and all existing collective bargaining agreements in effect when the board is established pursuant to § 16-32-2.2 shall be transferred from the council on postsecondary education to the board.
(d) The board shall make rules and regulations for the control and use of all public properties and highways under its care, and for violations of those rules and regulations; penalties, up to one hundred dollars ($100) and costs for any one offense, may be imposed by any district court or police court in the city or town where the violation occurs; and, in general, the board shall take all actions necessary for the proper execution of the powers and duties granted to, and imposed upon, the board by the terms of this chapter.
(e) The board shall make rules and regulations pursuant to chapter 2 of title 37 to implement its responsibilities as a public agency for procurement purposes as defined in § 37-2-7(16).
(1) Notwithstanding the provisions of § 37-2-22, small procurements made by the board and the university shall not exceed an aggregate amount of fifty thousand dollars ($50,000) for construction and ten thousand dollars ($10,000) for all other purchases, regardless of the source of funding, and shall be made in accordance with small purchase regulations promulgated by the board. These thresholds may be increased annually through an amendment to the small purchase regulations promulgated by the board of trustees, to reflect the annual increase in the federal Consumer Price Index published by the United States Department of Labor from the date of any prior adjustment.
(f) The board shall evaluate data on which to base performance of the university as described in subsection (g) of this section which shall be defined by the president of the university. These measures may include and incorporate outcomes or goals from multiple, previous years. The lack of information from previous years, however, will not affect the use of performance-based measures.
(g) The university of Rhode Island shall have unique measures consistent with its purpose, role, scope, and mission. The board shall provide faculty and students an opportunity to provide input on the development of performance measures.
(1) The performance-based measures shall include, but not be limited to, the following metrics:
(i) The number and percentage, including growth in relation to enrollment and prior years of bachelor’s degrees awarded to first-time, full-time students within four (4) years and six (6) years, including summer graduates;
(ii) The number of degrees awarded that are tied to Rhode Island’s high demand, high-wage employment opportunities consistent with the institution’s mission;
(iii) One metric that applies only to the university, in consultation with the president, which shall consider faculty, staff, and student input; and
(iv) Any other metrics that are deemed appropriate by the board.
(2) Weight may be assigned to any of the aforementioned metrics to reinforce the mission of the university, the economic needs of the state, and the socio-economic status of the students.
(h) The board shall hold the university accountable for developing and implementing transfer pathways for students from the community college of Rhode Island and Rhode Island college.
(i) The board shall adopt a process requiring every academic program at the university to accept for credit the advanced placement subject test scores of students who obtain a three (3) or better in any advanced placement course.
(j) The board shall supervise, coordinate, and/or authorize audits, civil and administrative investigations, and inspections or oversight reviews, when necessary, relating to expenditure of state or federal funds, or to any and all university programs and operations, as well as the procurement of any supplies, services, or construction, by the university. In the course of an audit or investigation, the board authorized auditor(s) shall review statutes and regulations of the university and shall determine if the university is in compliance and shall make recommendations concerning the efficiency of operations, and the effect of such statutes or regulations on internal controls and the prevention and detection of fraud, waste, and abuse. The board authorized auditor(s) may recommend policies or procedures that may strengthen internal controls, or assist in the prevention or detection of fraud, waste, and abuse or mismanagement. Any audits conducted shall be transmitted to the office of internal audit and program integrity established in chapter 7.1 of title 35.
History of Section. P.L. 1951, ch. 2686, § 4; G.L. 1956, § 16-32-2; P.L. 1988, ch. 84, § 53; P.L. 2019, ch. 88, art. 9, § 3; P.L. 2022, ch. 155, § 1, effective June 27, 2022; P.L. 2022, ch. 156, § 1, effective June 27, 2022; P.L. 2022, ch. 352, § 1, effective June 29, 2022; P.L. 2022, ch. 353, § 1, effective June 29, 2022; P.L. 2025, ch. 278, art. 3, § 3, effective June 29, 2025.
In addition to any powers granted to the president of the university of Rhode Island by law or regulation, and consistent with shared governance practices, in conformity with § 16-32-10, the president shall have the following additional powers and duties:
(a) To create and consolidate departments, divisions, programs, and courses of study within the university and the approved role and scope of the president’s authority adopted by the board of trustees. Any new or proposed eliminations of departments, divisions, programs, or courses of study that are outside the role and scope approved by the board shall require the review and approval of the board.
(b) To adopt a budget for the university and submit it to the board of trustees for approval.
(c) To be responsible for the general management of property of the university.
(d) To recommend to the board of trustees, tables of organization for the university.
(e) To submit to the board of trustees and to compile and analyze the following information for presentation to the board annually by May 1st the following:
(1) A detailed departmental breakdown of all faculty members employed at the university by rank (including all professors, associate professors, assistant professors, lecturers, and instructors) and tenure (tenured and non-tenured, and other) and by race (African American, Hispanic, Native American, and Asian) and gender.
(2) A detailed report on current student enrollments for each class at the university by race and gender, by academic department, and by outreach program (e.g. talent development), guaranteed admissions program, and the current levels of funding and staff support for each of these programs.
(3) [Deleted by P.L. 2019, ch. 88, art. 9, § 3.]
(4) A plan for recruitment of African American and Hispanic faculty into tenure track positions at the university with specific reference to and planned involvement with the New England higher education’s minority faculty recruitment and development plan.
(5) Copies of the report shall be furnished to the board of trustees.
(f) To assist the board of trustees in preparation and maintenance of a three-year (3) strategic funding plan for the university; to assist the board in the preparation and presentation annually to the state budget officer in accordance with § 35-3-4 of a total university budget.
(g) To monitor, publish, and report to the board of trustees the level of performance on all metrics of the universities set forth in § 16-32-2 and in accordance with this chapter. The president shall revise the metrics at a time when performance has reached a level pre-defined by the board. Future metrics may further goals identified by the board, the board of education, and the governor’s workforce board, and the purpose and mission of the university. The university shall publish its performance on all of its associated metrics prescribed in this chapter on its website.
History of Section. P.L. 2014, ch. 145, art. 20, § 2; P.L. 2019, ch. 88, art. 9, § 3.
(a) There is hereby established a board of trustees for the university of Rhode Island consisting of seventeen (17) members. The governor shall appoint the initial members, with the advice and consent of the senate, to serve on the board of trustees, until the expiration of their term and their successor is appointed. In making these appointments the governor shall give due consideration to recommendations from the president of the university of Rhode Island and at least three (3) of those members appointed by the governor shall be residents of the state of Rhode Island, at least one of those members shall be selected from a list of names of at least five (5) individuals submitted by the speaker of the house of representatives, and at least one of those members shall be selected from a list of names of at least five (5) individuals submitted by the president of the senate. In addition, the president of the university of Rhode Island shall appoint one faculty member and one student member who shall be a full-time student in good standing at the university and who shall both serve in a non-voting, ex officio capacity for a single two-year (2) term. The president of the university of Rhode Island, the chair of the board of education, and the chair of the council on postsecondary education shall serve in a non-voting, ex-officio capacity on the board of trustees. Six (6) of the members initially appointed pursuant to this section shall serve terms of three (3) years; seven (7) members initially appointed pursuant to this section shall serve terms of two (2) years, including the member appointed from the list submitted by the speaker of the house of representatives and the member appointed from the list submitted by the president of the senate; and, four (4) members initially appointed pursuant to this section shall serve terms of one year. A majority of voting members of the board shall constitute a quorum and the vote of a majority of those present and voting shall be required for action.
(b) After the initial terms of appointment have expired, the governor shall appoint seventeen (17) members with the advice and consent of the senate to serve as members of the board of trustees. In making these appointments the governor shall give due consideration to recommendations from the president of the university and the chair of the board of trustees of the university of Rhode Island and at least three (3) of those members appointed by the governor shall be residents of the state of Rhode Island, at least one of those members shall be selected after due consideration of a list of names of at least five (5) individuals submitted by the speaker of the house of representatives, and at least one of those members shall be selected after due consideration of a list of names of at least five (5) individuals submitted by the president of the senate. All members shall be appointed for a term of three (3) years and shall be eligible for reappointment. In addition, the president of the university of Rhode Island shall appoint one faculty member and one student member who shall be a full-time student in good standing at the university and who shall both serve in a non-voting, ex officio capacity. The faculty member shall serve for a single two-year (2) term. The student member shall serve for up to two (2) one-year terms. The president of the university of Rhode Island, the chair of the board of education, and the chair of the council on postsecondary education shall serve in a non-voting, ex officio capacity on the board of trustees.
(c) A majority of the board shall elect the chair of the board from among the seventeen (17) voting board members pursuant to rules and regulations adopted by the board establishing the procedure for electing a chair.
(d) Members of the board shall be removable by the governor for cause only, and removal solely for partisan or personal reasons unrelated to capacity or fitness for the office shall be unlawful. In making decisions to remove a member, the governor shall give due consideration to recommendations from the chair of the board of trustees of the university of Rhode Island. No removal shall be made for any cause except after ten (10) days’ notice in writing of specific charges, with opportunity for the member to be present in person and with counsel at a public hearing before the appointing authority, to introduce witnesses and documentary evidence in the member’s own defense, and to confront and cross-examine adversary witnesses; and appeal shall lie to the superior court from the governor’s determination.
History of Section. P.L. 2019, ch. 88, art. 9, § 5; P.L. 2020, ch. 79, art. 2, § 8; P.L. 2022, ch. 229, § 1, effective June 27, 2022; P.L. 2022, ch. 230, § 1, effective June 27, 2022.
The board, as now constituted, and their successors, for the terms for which they have been or for which they hereafter may be appointed regents, shall continue to be a body politic and corporate for the purpose of continuing and maintaining the University of Rhode Island as a university where the leading object shall be, without excluding other scientific and classical studies, and including military tactics, to teach any branches of learning as are related to agriculture and the mechanic arts, in order to promote the liberal and practical education of the industrial classes in the several pursuits and professions of life, as provided in the act of the congress of the United States, approved July 2, 1862, entitled “An Act Donating Public Lands to the Several States and Territories Which May Provide Colleges for the Benefit of Agriculture and the Mechanic Arts,” and for the purpose of continuing and maintaining an agricultural experiment station as a department of the college under and in accordance with, and to carry out the purposes of, the act of congress approved March 2, 1887, entitled “An Act to Establish Agricultural Experiment Stations in Connection with the Colleges Established in the Several States Under the Provisions of An Act Approved July 2, 1862, and of the Acts Supplementary Thereto.”
History of Section. G.L. 1896, ch. 66, § 1; G.L. 1909, ch. 76, § 1; P.L. 1909, ch. 417, § 1; G.L. 1923, ch. 83, § 1; P.L. 1938, ch. 188, § 2; impl. am. P.L. 1939, ch. 688, § 3; P.L. 1951, ch. 2686, § 3; G.L. 1956, § 16-32-3.
The university and experiment station shall, until ordered, continue to be located in the town of South Kingstown upon the estate now occupied by them, and all money received after this under the act of congress, approved March 2, 1887, and under the act of congress approved August 30, 1890, entitled “An Act to Apply a Portion of the Proceeds of the Public Lands to the More Complete Endowment and Support of the Colleges for the Benefit of Agriculture and the Mechanic Arts, Established Under the Provisions of an Act of Congress Approved July Second, Eighteen Hundred Sixty-two,” and all other money which shall be received by the state for the promotion of agriculture or the mechanic arts at land grant colleges under or by virtue of an act of congress shall, as and when received, be paid over to the treasurer of the university, to be used and applied and accounted for by the trustees and officers of the university, with the approval of the state controller, as required by the respective acts of congress under which the money is received.
History of Section. G.L. 1896, ch. 66, § 2; P.L. 1899, ch. 668, § 1; P.L. 1906, ch. 1353, § 1; G.L. 1909, ch. 76, § 2; P.L. 1913, ch. 960, § 1; P.L. 1915, ch. 1214, § 1; P.L. 1921, ch. 2056, § 1; G.L. 1923, ch. 83, § 2; G.L. 1938, ch. 188, § 3; impl. am. P.L. 1939, ch. 660, § 65; impl. am. P.L. 1939, ch. 688, § 3; impl. am. P.L. 1951, ch. 2686, § 3; G.L. 1956, § 16-32-4.
The board of trustees shall have authority over the experiment station of the university located in the town of South Kingstown.
History of Section. P.L. 1935, ch. 2250, § 84; G.L. 1938, ch. 188, § 1; impl. am. P.L. 1939, ch. 688, § 3; impl. am. P.L. 1951, ch. 2686, § 3; G.L. 1956, § 16-32-5; P.L. 2019, ch. 88, art. 9, § 3.
The experiment station at the University of Rhode Island shall continue to expend sums of money received from the United States government for experimental work and agricultural extension service, and shall also continue to promote and encourage the work of farm bureaus and expend sums of money received from federal and state appropriations, subject to budgetary control provided by chapter 3 of title 35.
History of Section. P.L. 1935, ch. 2250, § 84; G.L. 1938, ch. 188, § 1; P.L. 1951, ch. 2686, § 3; G.L. 1956, § 16-32-6.
The trustees and officers of the university shall perform all the duties and make, publish, distribute, and render all bulletins and reports required by the acts of congress or by any act in amendment of these or supplementary to these; and shall also report to the general assembly annually at its January session.
History of Section. G.L. 1896, ch. 66, § 2; P.L. 1899, ch. 668, § 1; P.L. 1906, ch. 1353, § 1; G.L. 1909, ch. 76, § 2; P.L. 1913, ch. 960, § 1; P.L. 1915, ch. 1214, § 1; P.L. 1921, ch. 2056, § 1; G.L. 1923, ch. 83, § 2; G.L. 1938, ch. 188, § 3; impl. am. P.L. 1939, ch. 688, § 3; impl. am. P.L. 1951, ch. 2686, § 3; G.L. 1956, § 16-32-7.
(a) The general assembly declares that it views with favor and approves as a matter of public policy the establishment of a college of pharmacy within the University of Rhode Island to assume the educational functions of the Rhode Island College of Pharmacy and Allied Sciences.
(b) The general assembly declares that there is a need for an education and intervention program related to the use of medication and alcohol by the elderly in elderly housing. The general assembly finds: (1) that the elderly population has the highest use of prescription medication, (2) that many elderly persons do not have an appropriate and complete understanding of their medication use and that the elderly need to improve their quality of life, maintain their ambulatory status, and identify specific medication and alcohol-related problems at an early stage.
(c) The University of Rhode Island College of Pharmacy shall initiate an on-site support program for the elderly to foster the appropriate use and to help prevent the misuse of prescription medications and alcohol by the elderly. The program shall focus on both short-term intervention and long-term support. Pharmacists trained in the area of alcohol and drug use and misuse by the elderly shall be placed at a number of selected senior housing units within the state.
History of Section. P.L. 1956, ch. 3644, § 1; G.L. 1956, § 16-32-8; P.L. 1988, ch. 650, § 1.
(a) The general assembly shall annually appropriate any sum as it may deem sufficient for the purpose of defraying the expenses of the university, the appropriation to be expended under the direction of the trustees and officers of the university. The state controller is authorized and directed to draw his or her orders upon the general treasurer for the payment of the appropriations or so much of the sums that are necessary for the purposes appropriated, upon the receipt by him or her of proper vouchers as the board of trustees may by rule provide. The board shall receive, review, and adjust the budget for the university and present the budget under the requirements of § 35-3-4.
(b) Any tuition or fee increase schedules in effect for the university shall be received by the board of trustees for allocation for the fiscal year for which state appropriations are made to the board by the general assembly; provided that no further increases may be made by the board for the year for which appropriations are made.
(c) All housing, dining, and other auxiliary facilities at the university shall be self-supporting and no funds shall be appropriated by the general assembly to pay operating expenses, including principal and interest on debt services, and overhead expenses for the facilities. Any debt service costs on general obligation bonds presented to the voters in November 2000 and November 2004 or appropriated funds from the Rhode Island capital plan fund or the housing auxiliaries at the university of Rhode Island shall not be subject to this self-supporting requirement in order to provide funds for the building construction and rehabilitation program.
(d) The additional costs to achieve self-supporting status shall be by the implementation of a fee schedule of all housing, dining, and other auxiliary facilities, including but not limited to, operating expenses, principal, and interest on debt services, and overhead expenses.
(e) Notwithstanding subsections (a) and (c) of this section or any provisions of this title, to the extent necessary to comply with the provisions of any outstanding bonds issued by the Rhode Island health and educational building corporation or outstanding lease certificates of participation, in either case, issued for the benefit of the university of Rhode Island, the community college of Rhode Island, and/or Rhode Island college, to the extent necessary to comply with the provisions of any such bonds or certificates of participation, the general assembly shall annually appropriate any such sums it deems necessary from educational and general revenues (including, but not limited to tuition) and auxiliary enterprise revenues derived from the university of Rhode Island, the community college of Rhode Island and Rhode Island college, to be allocated by the council on postsecondary education or by the board of trustees, as appropriate, in accordance with the terms of the contracts with such bondholders or certificate holders.
History of Section. G.L. 1896, ch. 66, § 2; P.L. 1899, ch. 668, § 1; P.L. 1906, ch. 1353, § 1; G.L. 1909, ch. 76, § 2; P.L. 1913, ch. 960, § 1; P.L. 1915, ch. 1214, § 1; P.L. 1921, ch. 2056, § 1; G.L. 1923, ch. 83, § 2; G.L. 1938, ch. 188, § 3; impl. am. P.L. 1939, ch. 688, § 3; impl. am. P.L. 1951, ch. 2686, § 3; G.L. 1956, § 16-32-9; P.L. 2019, ch. 88, art. 9, § 3.
The board of trustees, with the approval of the president and a committee of the faculty of the university, shall award academic degrees and diplomas and confer honors in the same manner as is customary in American colleges. It shall also be the duty of the president and a committee of the faculty, with the approval of the board of trustees, to arrange courses of study conforming to all acts of Congress, and prescribe any qualifications for the admission of students and any rules of study, exercise, discipline, and government as the president and committee may deem proper.
History of Section. P.L. 1935, ch. 2250, § 84; G.L. 1938, ch. 188, § 1; impl. am. P.L. 1939, ch. 688, § 3; impl. am. P.L. 1951, ch. 2686, § 3; G.L. 1956, § 16-32-1; P.L. 2019, ch. 88, art. 9, § 3.
The board of trustees is authorized and empowered to carry out the provisions of §§ 16-32-12 through 16-32-14 in regard to the guaranty of loans made to societies and students at the university.
History of Section. P.L. 1935, ch. 2250, § 84; G.L. 1938, ch. 188, § 1; impl. am. P.L. 1939, ch. 688, § 3; impl. am. P.L. 1951, ch. 2686, § 3; G.L. 1956, § 16-32-11; P.L. 2019, ch. 88, art. 9, § 3.
The board of trustees is authorized and empowered on behalf of the university of Rhode Island to acquire land and also to guarantee in the name of the state approved loans made to societies of students at the university, for the purchase or construction, upon lands owned by the university, of society houses which shall serve as student dormitories. Any loans approved, upon default, shall become state obligations in the same manner as any state bond.
History of Section. P.L. 1922, ch. 2190, § 1; G.L. 1923, ch. 83, § 8; P.L. 1936, ch. 2295, § 1; G.L. 1938, ch. 188, § 9; impl. am. P.L. 1939, ch. 688, § 3; impl. am. P.L. 1951, ch. 2686, § 3; G.L. 1956, § 16-32-12; P.L. 2019, ch. 88, art. 9, § 3.
Any loans made to societies of students at the university under the terms and provisions of §§ 16-32-12 and 16-32-15 shall be eligible for investment for the state investment commission of this state.
History of Section. P.L. 1936, ch. 2295, § 2; P.L. 1936, ch. 2379, § 1; G.L. 1938, ch. 188, § 10; impl. am. P.L. 1939, ch. 660, § 200; impl. am. P.L. 1951, ch. 2686, § 3; G.L. 1956, § 16-32-13; impl. am. P.L. 1958, ch. 164.
The amount or amounts guaranteed and the amount or amounts guaranteed under the provisions of § 16-32-12 shall not at any one time exceed in the aggregate the sum of one million two hundred thousand dollars ($1,200,000).
History of Section. P.L. 1922, ch. 2190, § 2; G.L. 1923, ch. 83, § 9; P.L. 1925, ch. 582, § 1; P.L. 1931, ch. 1697, § 1; P.L. 1932, ch. 1874, § 1; P.L. 1934, ch. 2128, § 1; G.L. 1938, ch. 188, § 11; G.L. 1956, § 16-32-14; P.L. 1959, ch. 129, § 1; P.L. 1966, ch. 67, § 1.
Whenever default is made on the part of a society in the payment of loans guaranteed under the provisions of § 16-32-12, or any part of them, the board of trustees is authorized to assume the obligation and to make required payments on principal and interest from any of the appropriations available for the university of Rhode Island. In the event of a default, in cases where that board assumes the obligation of a society, the state shall have a lien subject to any mortgages or encumbrances existing at the time on any and all property of the society. The lien may be released after the reimbursement to the state of all payments made on behalf of the society, plus accrued interest.
History of Section. P.L. 1922, ch. 2190, § 3; G.L. 1923, ch. 83, § 10; P.L. 1936, ch. 2295, § 1; G.L. 1938, ch. 188, § 12; impl. am. P.L. 1939, ch. 688, § 3; P.L. 1951, ch. 2686, § 3; G.L. 1956, § 16-32-15; P.L. 2019, ch. 88, art. 9, § 3.
The University of Rhode Island is authorized and empowered to establish in connection with the university a department of marine biology. The department shall establish a marine biological laboratory with suitable facilities for research on problems involving animal life in Rhode Island waters. The department shall cooperate with the department of environmental management. The department shall, as facilities permit, offer courses for the training of students planning to enter the fishing industry or to qualify for positions in federal or state fishery departments. Courses in the department of marine biology shall have the same standing as other courses at the college and shall be accepted as credits for degrees.
History of Section. P.L. 1936 (s.s.), ch. 2470, § 1; G.L. 1938, ch. 188, § 20; P.L. 1951, ch. 2686, § 3; G.L. 1956, § 16-32-16; impl. am. P.L. 1965, ch. 137, § 1.
The general assembly shall annually appropriate any sum as it may deem necessary for maintaining the department of marine biology and the marine biological laboratory; and the state controller is authorized and directed to draw his or her orders upon the general treasurer for the payment of the sum, or so much of the sum as may from time to time be required, upon receipt by the controller of properly authenticated vouchers.
History of Section. P.L. 1936, (s.s.), ch. 2470, § 2; G.L. 1938, ch. 188, § 21; impl. am. P.L. 1939, ch. 660, § 65; G.L. 1956, § 16-32-17.
[Repealed]
History of Section. P.L. 1953, ch. 3154, § 1; Repealed by P.L. 1988, ch. 84, § 54, effective May 27, 1988.
[Repealed]
History of Section. P.L. 1953, ch. 3154, § 2-7; G.L. 1956, §§ 16-32-19 — 16-32-24; Repealed by P.L. 1996, ch. 404, § 17, effective August 9, 1996.
All money received pursuant to the provisions of chapter 3644 of the Public Laws of 1956 shall be deemed to be trust funds to be held by the general treasurer or by the university of Rhode Island foundation, as provided in § 16-32-26, in a special fund the income of which shall be made available to the board of trustees to be applied by it solely for use as scholarship grants in the field of pharmacy and allied sciences, in any manner and under any conditions as the board of trustees for higher education may determine. The board of trustees for higher education is authorized and empowered, from time to time, as occasion may require, to draw on the general treasurer or on the university of Rhode Island foundation, for the annual income of the fund, or so much of this amount as may be necessary, to carry out this objective.
History of Section. P.L. 1980, ch. 395, § 5; P.L. 2019, ch. 88, art. 9, § 3.
(a) The general treasurer shall have the care and management of the fund with full power to regulate the custody and safekeeping of all money and evidences of property belonging to the fund. The treasurer shall deposit, subject to his or her order, to the use of this fund, all dividends, interest, or income arising from it, in any bank or banks, trust company or trust companies, in which funds of the state may be lawfully kept. The treasurer may invest and reinvest, in his or her discretion, the money in the fund at any time and the dividends, interest, and income in any securities or investments in which the deposits in savings banks and participation deposits in banks and trust companies may be legally invested. The treasurer may change and vary the investments from time to time, and he or she may sell and dispose of any investments made, when necessary to meet the draft of the board of trustees as provided in § 16-32-25.
(b) The general treasurer shall, upon the order of the governor to do so, transfer to the university of Rhode Island foundation created by act of the general assembly at its January 1957 session all money and evidences of property comprising the fund, and then his or her duties with respect to the fund shall cease, and the foundation shall after this hold and administer the fund with all the powers and subject to all the duties imposed upon it by the act of the general assembly with respect to other funds held by the foundation; provided, that the fund shall be held by the foundation as a special fund and shall not be mingled with other funds held by the foundation, and the net income of the fund shall be devoted exclusively to the object specified in § 16-32-25.
History of Section. P.L. 1980, ch. 395, § 5; P.L. 2019, ch. 88, art. 9, § 3.
All money received pursuant to the provisions of § 16-52-2(b) shall be deemed to be trust funds for the benefit of the University of Rhode Island, Rhode Island College, and the Community College of Rhode Island to be held by the general treasurer in a separate rotary fund for each institution which shall be made available to the presidents of the University of Rhode Island, Rhode Island College, or the Community College of Rhode Island to be applied solely for the purpose of improving landscaping and/or parking facilities at the respective colleges as determined by the presidents of these colleges.
History of Section. P.L. 1984, ch. 262, § 2.
The general treasurer shall have the care and management of each fund established pursuant to 16-32-27 with full power to regulate the custody and safekeeping of all money and evidences of property belonging to it. The general treasurer shall deposit, subject to his or her order, to the use of each fund, all dividends, interest, or income arising from it, in any bank or banks, trust company, or trust companies, in which funds of the state may be lawfully kept. The general treasurer may invest and reinvest in his or her discretion the money in each fund at any time and the dividends, interest, and income in any securities or investments in which the deposits in savings bank and participation deposits in banks and trust companies may be legally invested. The treasurer may change and vary investments from time to time, and he or she may sell and dispose of any investments made, when necessary to meet the draft of either the president of the University of Rhode Island, Rhode Island College, or the Community College of Rhode Island as provided in § 16-32-27.
History of Section. P.L. 1984, ch. 262, § 2.
The applied engineering laboratory building at the Kingston campus of the University of Rhode Island shall be officially named and known as the Chester H. Kirk Applied Engineering Laboratory.
History of Section. P.L. 1985, ch. 213, § 1.
The University of Rhode Island is authorized and empowered to establish in connection with the university and within the department of natural resource sciences a geographic information system laboratory with suitable facilities for developing and maintaining a level of scientific and technical expertise in the use of computer technology in the management of land related natural resources. This will include maintaining a statewide data base of land related economic, physical, cultural, and natural resources and providing for controlled access of this database to the university community, other state, municipal, and federal departments and agencies, and the general public. The university shall, to the extent that facilities are available, offer courses for the training of students and the general public in methods and applications utilizing geographic information systems and shall perform applications research projects involving this technology at this laboratory. The university shall cooperate with and provide technical assistance to the division of planning of the department of administration in the management of the statewide geographic information system and shall advise other state, municipal, and federal departments and agencies and the general public in its use.
History of Section. P.L. 1990, ch. 235, § 2.
The general assembly may annually appropriate any sum as it may deem necessary for maintaining the geographic information system laboratory within the department of natural resources sciences; and the state controller is authorized and directed to draw his or her orders upon the general treasurer for the payment of the sum, or so much of the sum as may from time to time be required, upon receipt by the controller of properly authenticated vouchers.
History of Section. P.L. 1990, ch. 235, § 2.
The provisions of the administrative procedures act, chapter 35 of title 42, shall not apply to this chapter.
History of Section. P.L. 2019, ch. 88, art. 9, § 5.
(a) Notwithstanding any general laws to the contrary, all receipts from all sources other than state appropriations shall not be deposited into the general fund of the state, but shall be deposited by the general treasurer of the state into a restricted account for the benefit of the board of trustees, and shall be paid out by the treasurer upon the order of the board, without the necessity of appropriation or re-appropriation by the general assembly.
(b) The board of trustees shall ensure that the university has a structure in place to prohibit the university from accepting funds that would interfere with or restrict academic freedom at the university. Nothing contained in this subsection shall be construed in a way as to prohibit a donor from earmarking funds for a particular purpose or use, including, but not limited to, research, scholarships, construction, or development.
History of Section. P.L. 2019, ch. 88, art. 9, § 5.
(a) The treasurer of the university of Rhode Island, as appointed by the board of trustees, shall:
(1) Keep an accurate account of his or her receipts and expenditures, which shall be audited by the state controller; and
(2) Turn over to the general treasurer at monthly intervals all sums of money received by him or her during the preceding month which shall be credited to the proper accounts and funds by the general treasurer.
(b) The state controller shall establish an imprest fund or petty cash fund for the use of the treasurer of the university for expenditures of any nature as may be approved by the state controller.
History of Section. P.L. 2019, ch. 88, art. 9, § 5.
The pre-audit of all expenditures under authority of the board by the state controller provided for in § 35-6-1 shall be purely ministerial, concerned only with the legality of the expenditure and the availability of the funds, and in no event shall the state controller interpose his or her judgment regarding the wisdom or expediency of any item or items of expenditure.
History of Section. P.L. 2019, ch. 88, art. 9, § 5.
In order that the board of trustees may control the personnel and equipment of the university in the interest of educational efficiency, the board and the university are exempt from the provisions of § 35-3-1(a)(5) relating to the employment of personnel, and from any provision of § 42-20-8 that relates to the director of administration.
History of Section. P.L. 2019, ch. 88, art. 9, § 5.
(a) The appointment, promotion, salaries, tenure, and dismissal of administrative, instructional, and research employees, and secretarial employees not exceeding ten (10) in number, and armed university police officers shall not be subject in any manner or degree to control by the state personnel administrator or by any officer or board other than the board of trustees. The certification of teachers at the university of Rhode Island is abolished, except for teachers who elect to come or remain under it.
(b) All positions that are exempt from the merit system law, chapter 4 of title 36, that become vacant or that are to be established, must be forwarded to the state personnel administrator, who shall determine whether the position(s) in question shall remain in the board of trustees non-classified service or be established in the classified service of the state.
(c) No position presently in the classified service of the state subject to the merit system law, chapter 4 of title 36, shall be changed or modified so as to establish the position in the board of trustees non-classified service.
(d) Faculty positions, presidents, vice presidents, deans, assistant deans, and student employees of the university shall not be covered by the preceding provisions and shall remain in the non-classified service of the board.
History of Section. P.L. 2019, ch. 88, art. 9, § 5.
All non-classified employees of the board of trustees who shall have twenty (20) years, not necessarily consecutive, of service credit, these credits having been earned in either the classified, non-classified, or unclassified service or any combination of these, shall be deemed to have acquired full status in their positions as the status is defined by § 36-4-59 with the base entry date prior to August 8, 1996; provided, that this provision shall not apply to faculty employed by the board nor shall it apply to non-classified employees who have acquired tenure as faculty.
History of Section. P.L. 2019, ch. 88, art. 9, § 5.
(a) The non-classified employees of the board of trustees, except for faculty employees and except for non-classified employees already receiving longevity increases, shall be entitled to a longevity payment in the amount of five percent (5%) of base salary after ten (10) years of service and increasing to a total of ten percent (10%) of base salary after twenty (20) years of service. The provisions of this section will apply only to employees with a pay grade under nineteen (19). The longevity payments shall not be included in base salary.
(b) The board of trustees is authorized to promulgate regulations implementing the provisions of this section.
(c) Beginning on July 1, 2011, notwithstanding any rule, regulation, or provision of the public laws or general laws to the contrary, there shall be no further longevity increases for employees of the board of trustees; provided, however, for employees with longevity provisions pursuant to a collective bargaining agreement in effect on June 1, 2011, longevity increases shall cease beginning on July 1, 2011, or beginning upon the expiration of the applicable collective bargaining agreement, whichever occurs later. To the extent an employee has previously accrued longevity payments, the amount of the longevity payment earned by the employee for the last pay period in June, 2011, shall be added to the employee’s base salary as of June 30, 2011, or in the case of an employee with longevity provisions pursuant to a collective bargaining agreement in effect on June 1, 2011, the amount of the longevity payment earned by the employee for the latter of the last pay period in June or the last pay period prior to the expiration of the applicable collective bargaining agreement shall be added to the employee’s base salary as of June 30, 2011, or upon the expiration of the applicable collective bargaining agreement, whichever occurs later.
History of Section. P.L. 2019, ch. 88, art. 9, § 5.
(a) The board of trustees may appoint one or more persons who may act as police officers upon the property and highways of the university subject to the control of the board and upon the streets and highways immediately adjacent to those lands. The campus police officers shall protect the property of the university; suppress nuisances and disturbances and breaches of the peace; and enforce laws and regulations for the preservation of good order. They shall have the same powers and authority as that conferred upon municipal police officers, including the power to arrest persons for violations of state criminal statutes or for violations of city or town ordinances of the city or town in which the institution is located. They shall be required to attend and successfully complete the municipal police training academy before they shall be allowed to carry firearms. Additionally, any campus police officer observing the violation of any rule or regulation of the board adopted pursuant to this chapter, including, but not limited to, parking and traffic regulations, may issue a summons in the manner and form set forth in § 31-27-12 or § 31-41.1-1 returnable to the district court, the police court of the city or town where the violation occurs, or the traffic tribunal as provided by law.
(b) Notwithstanding any other provision of law, all fines and penalties recovered for violation of rules and regulations made under authority of this section shall be accounted for by the appropriate authority, which shall forward all fines or penalties for nonmoving traffic violations to the general treasurer for use by the college or university on whose campus the citation or violation was issued in accordance with § 16-32-27.
History of Section. P.L. 2019, ch. 88, art. 9, § 5.
No member of the board of trustees shall be employed in any position under the jurisdiction of the board, nor contract in any manner for any purpose with the board; nor shall the board purchase, sell, or lease any land, property, or supplies from or to any firm or business association of which any member of the board is owner, part owner, or officer or director. No person related by consanguinity or affinity in the first degree to any member of the board shall be employed in any capacity under the board’s jurisdiction.
History of Section. P.L. 2019, ch. 88, art. 9, § 5.
The board of trustees is authorized to take all actions, and execute and deliver all agreements or instruments, necessary or convenient for the board to assume all of the obligations on behalf of, and in replacement of, or jointly with the council on postsecondary education under outstanding bonds issued by the Rhode Island health and educational building corporation or outstanding lease certificates of participation, in either case, issued for the benefit of the university of Rhode Island, the community college of Rhode Island, and/or Rhode Island college as may be necessary to ensure, among other items, that the university continues to meet its obligations under such bonds or certificates.
History of Section. P.L. 2019, ch. 88, art. 9, § 5.
This chapter shall be known as the “University of Rhode Island Research Foundation Act.”
History of Section. P.L. 2007, ch. 232, § 1.
(a) There is hereby authorized, created and established a public corporation having a legal existence distinct from the state and not constituting a department of state government, to be known as the university of Rhode Island research foundation, with such powers as are set forth in this chapter, for the purposes of the development of scientific research, technology, commercialization of intellectual property and such other purposes as may be necessary to develop, promote and enhance scientific research and technology at the university of Rhode Island.
(b) The research foundation is authorized, created and established for the benefit of the university of Rhode Island and shall be organized exclusively for charitable, educational and scientific purposes of the university of Rhode Island within the meaning of § 501(c)(3) of the Internal Revenue Code with the following powers and purposes:
(1) To aid and assist the university of Rhode Island in the establishment, development and fostering of scientific research and technology which will further the learning opportunities, programs, services and enterprises of the university and of the state of Rhode Island;
(2) To assist in providing research programs at the university of Rhode Island which will provide for the advancement of education and educational programs at the university of Rhode Island and which will provide for opportunities to individuals for learning and training in subjects useful to the individual and beneficial to the community;
(3) To promote, encourage and foster the education and training services, scientific investigations, technology development and technology commercialization at the university of Rhode Island;
(4) To pursue, obtain and protect intellectual property rights (including patents, trademarks, tangible materials and copyrights) in and to all valuable intellectual property flowing from or belonging to the university of Rhode Island and to administer such intellectual property in conformity with applicable state and federal laws;
(5) To carry on any other lawful purpose within the meaning of § 501(c)(3) of the Internal Revenue Code in connection with its purposes.
(c) The research foundation and its corporate existence shall continue until terminated by law or until the corporation shall cease entirely and continuously to conduct or be involved in any business or transactions in furtherance of its purposes. Upon termination of the research foundation and its corporate existence, all of its rights, assets and properties shall pass to and be vested in the board of trustees for the benefit of the university of Rhode Island.
History of Section. P.L. 2007, ch. 232, § 1; P.L. 2019, ch. 88, art. 9, § 4.
The research foundation shall have, in addition to the powers enumerated in § 16-32.1-2, all the powers necessary and convenient to carry out and effectuate the purposes and provisions of this chapter including, but not limited to, the power to:
(1) Sue and be sued, complain and defend, in its corporate name;
(2) Have a corporate seal that may be altered from time to time at its pleasure, and use the seal by causing it, or a facsimile thereof, to be impressed or affixed or in any other manner reproduced;
(3) Sell, convey, pledge, lease, exchange, transfer and otherwise dispose of all or any part of its property, assets and accounts for such consideration and upon such terms and conditions as the research foundation shall determine;
(4) Make contracts, liabilities and borrow money as the research foundation may determine;
(5) Make and execute all contracts and agreements and instruments necessary or convenient in the exercise of the powers and functions of the research foundation granted by this chapter;
(6) Receive, take, hold, invest, manage, administer, control and generally care for any intellectual or personal property, which it may be given, devised or otherwise conveyed or made available to the research foundation.
History of Section. P.L. 2007, ch. 232, § 1.
(a) The business and affairs of the research foundation shall be managed by a thirteen (13) member board of directors. The board of directors shall include four (4) ex-officio voting members:
(1) The president of the University of Rhode Island;
(2) The vice president for administration of the University of Rhode Island;
(3) The vice president for research of the University of Rhode Island; and
(4) The Chairman of the Board of Governors or his or her designee. The remaining nine (9) members of the board of directors shall be appointed by the President of the University of Rhode Island and serve an initial term as follows: one-third (⅓) of the directors serving a one year term; one-third (⅓) of the directors serving a two (2) year term, and one-third (⅓) of the directors serving a three (3) year term.
(b) Thereafter, at each annual meeting, as vacancies on the board occur from expiration of term, the board shall elect members of the board who shall serve for a three (3) year term. Vacancies other than from expiration of term may be filled by the remaining members of the board at a special meeting called for that purpose. An outgoing director shall not be permitted to vote on his or her successor.
(c) Each director, other than ex-officio directors, shall hold office for the term for which elected and until a successor is elected and may be re-elected to two (2) additional three (3) year terms.
History of Section. P.L. 2007, ch. 232, § 1.
The first meeting of the board of directors shall be called by notice signed by one or more members of the board of directors stating the time, place and purpose of the meeting, and mailed to each director at his/her usual place of residence at least five (5) days before the day appointed for the meeting; provided, however, that the first meeting of the board of directors may be held by agreement in writing of all such board of directors without such notice. At the first meeting the board of directors shall organize the research foundation by adopting such bylaws, rules and regulations as they shall deem necessary for the election of officers, the admission of new members, the management and safekeeping of the foundation’s property, and generally for conducting its affairs and carrying out of the purposes of its organization, by electing the executive board and such other officers as the bylaws of the research foundation shall provide, and by taking such other action as they may deem appropriate in the premises.
History of Section. P.L. 2007, ch. 232, § 1.
(a) The research foundation may use, in connection with its lawful business and activities, the name of the University of Rhode Island and University of Rhode Island’s logo, informal seal and other symbols and marks of the University of Rhode Island upon prior written approval from the President of the University of Rhode Island.
(b) The research foundation will not authorize the use of the University of Rhode Island name or symbols to any person or entity without the written approval of the president of the University of Rhode Island.
(c) The research foundation shall cease using the University of Rhode Island name and symbols upon notice to cease such use from the president of the University of Rhode Island, in which event, the research foundation shall cease such use immediately and will have ninety (90) days to bring such use to full closure.
History of Section. P.L. 2007, ch. 232, § 1.
The research foundation, its franchise, income and all of its intellectual and personal assets, where-so-ever situated, shall be exempt from all taxation by the state and any agency thereof and any municipal corporation therein.
History of Section. P.L. 2007, ch. 232, § 1.
The research foundation shall submit to the board of trustees an audited report of its activities for the preceding fiscal year. The report shall set forth a complete operating and financial statement covering the research foundation operations during the preceding fiscal year. The research foundation shall cause an independent audit of its books and accounts to be made at least once each fiscal year.
History of Section. P.L. 2007, ch. 232, § 1; P.L. 2019, ch. 88, art. 9, § 4.
Insofar as the provisions of this chapter are inconsistent with the provisions of any other law or ordinance, general, special or local, the provisions of this chapter shall be controlling.
History of Section. P.L. 2007, ch. 232, § 1.
Nothing in this chapter shall restrict or limit the powers of the research foundation arising under any laws of this state. This chapter shall be construed to provide a complete additional and alternative method for doing the things authorized by this chapter and shall be regarded as supplemental and in addition to the powers conferred by other laws. Provided, however, that nothing contained in this chapter shall be construed to limit, restrict or modify the existing property rights and interests of the board of governors for higher education as set forth in chapter 59, title 16 of the Rhode Island general laws.
History of Section. P.L. 2007, ch. 232, § 1.
This chapter, being necessary for the welfare of the state and its inhabitants, shall be liberally construed so as to effectuate its purposes.
History of Section. P.L. 2007, ch. 232, § 1.
If any clause, sentence, paragraph, section or part of this chapter shall be adjudged by any court of competent jurisdiction to be invalid, that judgment shall not affect, impair or invalidate the remainder of this chapter, but shall be confined in its operation to the clause, sentence, paragraph, section or part directly involved in the controversy in which that judgment shall have been rendered.
History of Section. P.L. 2007, ch. 232, § 1.
The Rhode Island College shall be under the management of the board of governors for higher education as provided by chapter 59 of this title.
History of Section. G.L. 1896, ch. 63, § 1; G.L. 1909, ch. 71, § 1; G.L. 1923, ch. 74, § 1; G.L. 1938, ch. 188, § 13; impl. am. P.L. 1939, ch. 688, § 3; G.L. 1956, § 16-33-1; impl. am. P.L. 1959, ch. 44, § 3; P.L. 1988, ch. 84, § 55.
The board of governors for higher education shall be responsible for the control, management, and operation of Rhode Island College in the same manner as prior to July 1, 1960, the board of trustees for state colleges had been responsible for the control, management, and operation of the institution under the name of Rhode Island College of Education, and shall continue to exercise the powers previously conferred upon the trustees of Rhode Island Normal School, and any further powers, including the power to confer degrees, as shall be necessary for the continuance and maintenance of the Rhode Island College as a college the chief purpose of which shall be the preparation of teachers, principals, supervisors, and superintendents for service in the public schools of Rhode Island. The board of governors for higher education is authorized to extend the scope of the educational interests of Rhode Island College to include, in addition to and without in any way limiting its educational programs related to the educational preparation of teachers for the schools of the state, general education through degree programs in the liberal arts and sciences.
History of Section. P.L. 1920, ch. 1869, § 2; G.L. 1923, ch. 74, § 2; G.L. 1938, ch. 188, § 14; impl. am. P.L. 1939, ch. 688, § 3; G.L. 1956, § 16-33-2; P.L. 1959, ch. 44, §§ 1, 4.
In addition to any powers granted to the president of Rhode Island College by law or regulation, and consistent with shared governance practices, in conformity with § 16-33-6, the president shall have the following additional powers and duties:
(a) To create and consolidate departments, divisions, programs, and courses of study within the college with the assistance of the commissioner of postsecondary education within the approved role and scope adopted by the council on postsecondary education pursuant to § 16-59-4. Any new or proposed eliminations of departments, divisions, programs or courses of study that are outside the role and scope approved by the council shall require the review and approval of the council on postsecondary education.
(b) To adopt a budget for the college and submit it to the council for postsecondary education for approval.
(c) To be responsible for the general management of property of the college.
(d) To recommend to the council on postsecondary education, after consultation with the commissioner of postsecondary, education tables of organization for the college.
(e) To submit to the office of postsecondary commissioner and to compile and analyze the following information for presentation to the council for postsecondary education and the board of education annually by May 1 the following:
(1) A detailed departmental breakdown of all faculty members employed at the college by rank (including all professors, associate professors, assistant professors, lecturers, and instructors) and tenure (tenured and non-tenured, and other) and by race (African American, Hispanic, Native American, and Asian) and gender.
(2) A detailed report on current student enrollments for each class at the college by race and gender, by academic department, and by outreach program (e.g. talent development), guaranteed admissions program, and the current levels of funding and staff support for each of these programs.
(3) A report on the current status of the African and Afro-American studies programs at the college and a five (5) year budgetary history of the programs along with projections for budgetary support for the next two (2) years.
(4) A plan for recruitment of African American and Hispanic faculty into tenure track positions at the college with specific reference to and planned involvement with the New England higher education’s minority faculty recruitment and development plan.
(5) Copies of the report shall be furnished to the council of postsecondary education and the board of education.
History of Section. P.L. 2014, ch. 145, art. 20, § 3.
[Repealed]
History of Section. G.L. 1896, ch. 63, § 2; G.L. 1909, ch. 71, § 2; G.L. 1923, ch. 74, § 3; G.L. 1938, ch. 188, § 15; impl. am. P.L. 1939, ch. 688, § 3; Repealed by P.L. 1996, ch. 170, § 1, effective August 5, 1996.
The board of governors for higher education may admit to the classes of the college persons not intending to teach in the public schools of the state upon the payment by them of any tuition fees as may be determined by the board. The board shall make, each term, a return to the general treasurer of all money received by it in pursuance of this authority.
History of Section. P.L. 1901, ch. 861, §§ 1, 2; G.L. 1909, ch. 71, § 3; G.L. 1923, ch. 74, § 4; G.L. 1938, ch. 188, § 16; impl. am. P.L. 1939, ch. 688, § 3; G.L. 1956, § 16-33-4.
[Repealed]
History of Section. G.L. 1896, ch. 63, § 5, P.L. 1896, ch. 419, § 1, P.L. 1900, ch. 719, § 1, P.L. 1902, ch. 960, § 1, G.L. 1909, ch. 71, § 5, P.L. 1920, ch. 1860, § 1, G.L. 1923, ch. 74, § 6, G.L. 1938, ch. 188, § 18, impl. am. P.L. 1939, ch. 688, § 3, G.L. 1956 § 16-33-5, impl. am. P.L. 1959, ch. 44, § 3; Repealed by P.L. 2000, ch. 317, § 1, effective July 20, 2000.
The board of governors for higher education, with the approval of the president and a committee of the faculty of Rhode Island College, shall award academic degrees and diplomas and confer honors in the same manner as is customary in American colleges. It shall also be the duty of the president and a committee of the faculty, with the approval of the board of governors for higher education, to arrange courses of study, prescribe any qualifications for the admission of students and any rules of study, exercise, discipline, and government as the president and committee may deem proper.
History of Section. P.L. 1935, ch. 2250, § 84; G.L. 1938, ch. 188, § 1; impl. am. P.L. 1939, ch. 688, § 3; G.L. 1956, § 16-33-6; impl. am. P.L. 1959, ch. 44, § 3.
Persons who shall have passed the regular course of studies at Rhode Island College shall, on the written recommendation of the president, receive a diploma issued by the board of governors for higher education.
History of Section. G.L. 1896, ch. 63, § 3; P.L. 1900, ch. 779, § 1; G.L. 1909, ch. 71, § 4; G.L. 1923, ch. 74, § 5; G.L. 1938, ch. 188, § 17; impl. am. P.L. 1939, ch. 688, § 3; G.L. 1956, § 16-33-7; impl. am. P.L. 1959, ch. 44, § 3.
(a) The general assembly shall annually appropriate any sum as it may deem necessary for the maintenance and support of the Rhode Island College.
(b) The state controller is authorized and directed to draw his or her orders upon the general treasurer for the payment of the sum upon receipt by the controller of vouchers approved by the board of governors for higher education.
History of Section. G.L. 1909, ch. 71, § 8; P.L. 1910, ch. 566, § 1; G.L. 1923, ch. 74, § 9; P.L. 1925, ch. 600, § 1; P.L. 1935, ch. 2250, § 149; G.L. 1938, ch. 188, § 19; impl. am. P.L. 1939, ch. 660, § 65; impl. am. P.L. 1939, ch. 688, §§ 3, 5; G.L. 1956, § 16-33-8; impl. am. P.L. 1959, ch. 44, § 3.
All proceeds of the loan or loans received by the board of governors for higher education for the construction of housing facilities for the Rhode Island College shall be paid to the general treasurer of the state and deposited by the treasurer in a separate fund to be known as the “Rhode Island College housing loan fund.”
History of Section. P.L. 1958, ch. 203, § 1; impl. am. P.L. 1959, ch. 44, § 3; P.L. 1996, ch. 404, § 18.
Where in any existing law reference is made to Rhode Island College of Education, and where in existing law the term “college” or “said college,” as variously used, refers to Rhode Island College of Education, the reference and the term shall be deemed to refer to Rhode Island College.
History of Section. P.L. 1959, ch. 44, § 3; P.L. 2001, ch. 86, § 43.
The Community College of Rhode Island shall be under the management of the board of governors for higher education as provided by chapter 59 of this title.
History of Section. P.L. 1968, ch. 180, § 1; P.L. 1981, ch. 24, § 1; P.L. 1988, ch. 84, § 56.
The governors, as now constituted, and their successors, for the terms for which they have been or for which they hereafter may be appointed trustees, shall continue to be a body politic and corporate for the purpose of continuing and maintaining the Community College of Rhode Island as a junior college and a workforce development center, the chief purpose of which shall be to offer all students the opportunity to acquire the knowledge and skills necessary for intellectual, professional and personal growth by providing an array of academic, career and lifelong learning programs, while contributing to Rhode Island’s economic development and the needs of the region’s workforce.
History of Section. P.L. 1968, ch. 180, § 1; P.L. 1981, ch. 24, § 1; P.L. 2010, ch. 99, § 1; P.L. 2010, ch. 104, § 1.
In addition to any powers granted to the president of the Community College of Rhode Island by law or regulation, and consistent with shared governance practices, in conformity with § 16-33.1-3, the president shall have the following additional powers and duties:
(a) To create and consolidate departments, divisions, programs, and courses of study within the college with the assistance of the commissioner of postsecondary education within the approved role and scope adopted by the council on postsecondary education pursuant to § 16-59-4. Any new or proposed eliminations of departments, divisions, programs or courses of study that are outside the role and scope approved by the council shall require the review and approval of the council on postsecondary education.
(b) To adopt a budget for the college and submit it to the council on postsecondary education for approval.
(c) To be responsible for the general management of property of the college.
(d) To recommend to the council on postsecondary education, after consultation with the commissioner of postsecondary education, tables of organization for the college.
(e) To submit to the office of postsecondary commissioner and to compile and analyze the following information for presentation to the council on postsecondary education and the board of education annually by May 1 the following:
(1) A detailed departmental breakdown of all faculty members employed at the college by rank (including all professors, associate professors, assistant professors, lecturers, and instructors) and tenure (tenured and non-tenured, and other) and by race (African American, Hispanic, Native American, and Asian) and gender.
(2) A detailed report on current student enrollments for each class at the college by race and gender, by academic department, and by outreach program (e.g. talent development), guaranteed admissions program, and the current levels of funding and staff support for each of these programs.
(3) A report on the current status of the African and Afro-American studies programs at the college and a five (5) year budgetary history of the programs along with projections for budgetary support for the next two (2) years.
(4) A plan for recruitment of African American and Hispanic faculty into tenure track positions at the college with specific reference to and planned involvement with the New England higher education’s minority faculty recruitment and development plan.
(5) Copies of the report shall be furnished to the council on postsecondary education and the board of education.
History of Section. P.L. 2014, ch. 145, art. 20, § 4.
The board of governors, with the approval of the president and a committee of the faculty of the community college, shall award associate degrees, certificates, and diplomas and confer honors in the same manner as is customary in American junior colleges and community colleges. It shall also be the duty of the president and a committee of the faculty, with the approval of the board of governors, to arrange courses of study, prescribe any qualifications for the admission of students and any rules of study, exercise, discipline, and government as the president and committee may deem proper.
History of Section. P.L. 1968, ch. 180, § 1; P.L. 1981, ch. 24, § 1.
Persons who shall have passed the regular course of studies at the Community College of Rhode Island shall, on the written recommendation of the president, receive a diploma issued by the board of governors.
History of Section. P.L. 1968, ch. 180, § 1; P.L. 1981, ch. 24, § 1.
The Blackstone Valley campus of the Community College of Rhode Island shall be named the Doctor William F. Flanagan campus.
History of Section. P.L. 1978, ch. 4, § 1; P.L. 1981, ch. 24, § 1.
When in any existing law reference is made to Rhode Island Junior College and where in existing law the term “junior college,” “college,” “said junior college,” or “said college,” as variously used, refers to “Rhode Island Junior College,” the reference and the term shall be deemed to refer to the Community College of Rhode Island.
History of Section. P.L. 1981, ch. 24, § 2; P.L. 1981, ch. 32, § 5; P.L. 2001, ch. 86, § 44.
[Repealed]
History of Section. P.L. 1936, ch. 2377, §§ 1-5, 8; G.L. 1938, ch. 189, §§ 1-6; G.L. 1956, §§ 16-34-1 — 16-34-6; Repealed by P.L. 1980, ch. 395, § 1.
Any sums that shall be from time to time appropriated by the general assembly to the Rhode Island School of Design shall be paid by the general treasurer upon the orders of the office of higher education, which is empowered and authorized to visit and examine the school at its pleasure.
History of Section. G.L. 1896, ch. 67, § 1; G.L. 1909, ch. 77, § 1; G.L. 1923, ch. 84, § 1; G.L. 1938, ch. 190, § 1; impl. am. P.L. 1951, ch. 2752, § 21; G.L. 1956, § 16-35-1.
The directors of the school of design shall make an annual report to the office of higher education in manner and form prescribed by the office of higher education.
History of Section. G.L. 1896, ch. 67, § 2; G.L. 1909, ch. 77, § 2; G.L. 1923, ch. 84, § 2; G.L. 1938, ch. 190, § 2; impl. am. P.L. 1951, ch. 2752, § 21; G.L. 1956, § 16-35-2.
The commissioner of higher education shall, by virtue of his or her office, be a member of the board of directors of the school of design.
History of Section. G.L. 1896, ch. 67, § 3; G.L. 1909, ch. 77, § 3; G.L. 1923, ch. 84, § 3; G.L. 1938, ch. 190, § 3; P.L. 1951, ch. 2752, § 20; G.L. 1956, § 16-35-3.
The general assembly shall annually appropriate any sum as it may deem necessary, to be paid by the general treasurer to the Rhode Island School of Design upon the order of the state controller, upon the presentation of proper vouchers approved by the office of higher education, to be applied by the school exclusively to the general uses and purposes of its textile department.
History of Section. G.L. 1909, ch. 77, § 7; P.L. 1913, ch. 967, § 1; G.L. 1923, ch. 84, § 7; P.L. 1935, ch. 2250, § 149; G.L. 1938, ch. 190, § 7; impl. am. P.L. 1939, ch. 660, § 65, impl. am. P.L. 1951, ch. 2752, § 21; G.L. 1956, § 16-35-4.
History of Section. P.L. 1941, ch. 1073, §§ 1, 3; G.L. 1956, §§ 16-36-1, 16-36-2; Repealed by P.L. 1980, ch. 395, § 1. For provisions concerning establishment and management of the college of pharmacy fund, see §§ 16-32-25, 16-32-26.
[Repealed]
History of Section. P.L. 1987, ch. 275, § 1; Repealed by P.L. 2015, ch. 141, art. 7, § 1, effective July 1, 2015.
[Repealed]
History of Section. P.L. 1987, ch. 275, § 1; Repealed by P.L. 2015, ch. 141, art. 7, § 1, effective July 1, 2015.
[Repealed]
History of Section. P.L. 1987, ch. 275, § 1; P.L. 2001, ch. 86, § 45; Repealed by P.L. 2015, ch. 141, art. 7, § 1, effective July 1, 2015.
[Repealed]
History of Section. P.L. 1987, ch. 275, § 1; Repealed by P.L. 2015, ch. 141, art. 7, § 1, effective July 1, 2015.
[Repealed]
History of Section. P.L. 1987, ch. 275, § 1; Repealed by P.L. 2015, ch. 141, art. 7, § 1, effective July 1, 2015.
[Repealed]
History of Section. P.L. 1987, ch. 275, § 1; Repealed by P.L. 2015, ch. 141, art. 7, § 1, effective July 1, 2015.
[Repealed]
History of Section. P.L. 1987, ch. 275, § 1; Repealed by P.L. 2015, ch. 141, art. 7, § 1, effective July 1, 2015.
[Repealed]
History of Section. P.L. 1987, ch. 275, § 1; Repealed by P.L. 2015, ch. 141, art. 7, § 1, effective July 1, 2015.
[Repealed]
History of Section. P.L. 1987, ch. 275, § 1; Repealed by P.L. 2015, ch. 141, art. 7, § 1, effective July 1, 2015.
(a) No person shall be excluded from any public school on account of race or color, or for being over fifteen (15) years of age, nor except by force of some general regulation applicable to all persons under the same circumstances.
(b) Discrimination on the basis of race is prohibited in all public elementary and secondary schools in the state and in all schools operated by the council on elementary and secondary education. This prohibition shall apply to employment practices, admissions, curricular programs, extracurricular activities including athletics, counseling, and any and all other school functions and activities.
(c) For purposes of this section, the term:
(1) “Protective hairstyles” means and includes, but is not limited to, hair texture or hairstyles, if that hair texture or that hairstyle is commonly associated with a particular race or national origin (including a hairstyle in which hair is tightly coiled or tightly curled, locks, cornrows, twists, braids, Bantu knots, and Afros).
(2) “Race” means and includes traits historically associated with the race, including, but not limited to, hair texture and protective hairstyles.
History of Section. G.L. 1896, ch. 65, § 1; G.L. 1909, ch. 73, § 1; G.L. 1923, ch. 77, § 1; G.L. 1938, ch. 198, § 1; G.L. 1956, § 16-38-1; P.L. 2025, ch. 381, § 1, effective July 1, 2025; P.L. 2025, ch. 382, § 1, effective July 1, 2025.
(a)(1) Discrimination on the basis of sex is prohibited in all public elementary and secondary schools in the state and in all schools operated by the board of regents for elementary and secondary education. This prohibition shall apply to employment practices, admissions, curricular programs, extracurricular activities including athletics, counseling, and any and all other school functions and activities.
(2) Notwithstanding this prohibition, schools may do the following:
(i) Maintain separate restrooms, dressing, and shower facilities for males and females;
(ii) Conduct separate human sexuality classes for male and female students; and
(iii) Prohibit female participation in all contact sports provided that equal athletic opportunities which effectively accommodate the interests and abilities of both sexes are made available.
(iv) Provide extracurricular activities for students of one sex, including, but not limited to, father-daughter/mother-son activities, but if such activities are provided for students of one sex, opportunities for reasonably comparable activities shall be provided for students of the other sex. School districts are required to allow and notify students that they may bring the adult of their parent’s or guardian’s choice to the event.
(3) Each local education agency shall designate an equal opportunity officer who shall be responsible for overseeing compliance with this section within the local education agency district.
(4) The board of regents shall designate an equal opportunity officer who shall be responsible for overseeing compliance with this section within schools operated by the board.
(5) The commissioner of elementary and secondary education shall be responsible for enforcing this section and is empowered to promulgate rules and regulations to enforce the provisions of this section.
(b)(1) Discrimination on the basis of sex is prohibited in all public colleges, community colleges, universities, and all other public institutions of higher learning in the state which are operated by the board of governors for higher education. This prohibition shall apply to employment, recruitment, and hiring practices, employment benefits, admissions, curricular programs, extracurricular activities including athletics, counseling, financial aid including athletic grants-in-aid, student medical, hospital, and accident or life insurance benefits, facilities, housing, rules and regulations, research, and any and all other school functions and activities.
(2) Notwithstanding these prohibitions, schools may do the following:
(i) Maintain separate but comparable restrooms, dressing, and shower facilities for males and females, including reasonable use of staff of the same sex as the users of these facilities;
(ii) Provide separate teams for contact sports or for sports where selection for teams is based on competitive skills, provided that equal athletic opportunities which effectively accommodate the interests and abilities of both sexes are made available;
(iii) Maintain separate housing for men and women, provided that housing for students of both sexes is as a whole both proportionate in quantity to the number of students of that sex that apply for housing and comparable in quality and cost to the student; and
(iv) Permit the establishment and operation of university based social fraternities and sororities.
(3) Each individual educational institution of higher learning shall designate an equal opportunity officer or affirmative action officer who shall be responsible for overseeing compliance with this section within the educational institution.
(4) The president of each public college, community college, university, and other public institution of higher learning in the state shall be responsible for enforcing this section and is empowered to promulgate rules and regulations to enforce the provisions of this section.
History of Section. P.L. 1985, ch. 201, § 1; P.L. 1986, ch. 92, § 1; P.L. 2013, ch. 522, § 1.
(a) Every person upon entering any public or private school including any college or university in this state as a pupil shall furnish to the administrative head of the school evidence that the person has been immunized against any diseases that may from time to time be prescribed by regulation of the director of health and tested for tuberculosis, or a certificate from a licensed physician stating that the person is not a fit subject for immunization for medical reasons, or a certificate signed by the pupil, if over eighteen (18) years of age, or by the parent or guardian stating that immunization and/or testing for communicable diseases is contrary to that person’s religious beliefs. It shall be the responsibility of the administrative head of the school to secure compliance with these regulations.
(b) Every child more than twenty-four (24) months of age, resident in the state of Rhode Island, shall be eligible to receive the immunization against meningococcal disease. The Department of Health shall include meningococcal vaccine in the department’s immunization program, established by § 23-1-44.
History of Section. G.L. 1896, ch. 65, § 14; G.L. 1909, ch. 73, § 10; P.L. 1915, ch. 1201, § 1; G.L. 1923, ch. 77, § 9; P.L. 1925, ch. 644, § 1; G.L. 1938, ch. 198, § 8; G.L. 1956, § 16-38-2; P.L. 1961, ch. 133, § 4; P.L. 1968, ch. 188, § 1; P.L. 1969, ch. 138, § 1; P.L. 1979, ch. 175, § 1; P.L. 1993, ch. 253, § 1; P.L. 1993, ch. 406, § 1; P.L. 1998, ch. 34, § 1.
No person shall keep any swine in any pen or other enclosure, or shall keep or suffer to be kept any other nuisance, within one hundred (100) feet of any schoolhouse or within one hundred (100) feet of any fence enclosing the yard of any schoolhouse.
History of Section. G.L. 1896, ch. 65, § 8; G.L. 1909, ch. 73, § 5; G.L. 1923, ch. 77, § 5; G.L. 1938, ch. 198, § 5; P.L. 1956, § 16-38-3.
No society, secret or otherwise, no fraternity or sorority, and no club to membership in which less than the entire student body shall be eligible shall be formed in any public school or among the pupils of the public schools; provided, that this section shall not apply to class or school organizations formed and conducted exclusively for the purposes of promoting approved school activities, and subject to supervision and direction by teachers under rules and regulations prescribed by school committees.
History of Section. G.L. 1909, ch. 73, § 11; P.L. 1922, ch. 2234, § 16; G.L. 1923, ch. 77, § 11; G.L. 1938, ch. 198, § 10; G.L. 1956, § 16-38-4.
It shall be unlawful for any person, persons, or institution, educational or otherwise, to circulate or permit to be circulated in any school in this state any questionnaire intentionally or unintentionally framed as to ask the pupils of any school intimate questions about themselves and/or their families, trespassing upon the pupil’s constitutional rights and invading the privacy of the home, unless the questionnaire has received the approval of the department of elementary and secondary education and the local school committee. Any person, persons, or institution who is found to be guilty of a violation of this section shall be punished by a fine not exceeding one hundred dollars ($100) for each offense.
History of Section. P.L. 1943, ch. 1332, §§ 1, 2; impl. am. P.L. 1951, ch. 2752, § 21; G.L. 1956, § 16-38-5.
(a) Effective July 1, 2007, no public educational institution, including, but not limited to, the department of elementary and secondary education and the office of higher education, shall assign an individual identification number to a student which is identical to or incorporates the individual’s social security number.
(b) No public educational institution shall allow the public display of a student’s social security number, or any four (4) or more consecutive numbers contained in the individual’s social security number for any purpose.
(c) In any civil action alleging a violation of this section, the court may award damages, reasonable attorneys’ fees and costs to a prevailing plaintiff, and afford injunctive relief against any institution which violates or proposes to violate this section.
(d) Nothing contained in this section shall prohibit an educational institution’s use of a student’s social security number when required by law.
History of Section. P.L. 2001, ch. 411, § 1; P.L. 2001, ch. 415, § 1.
(a) No public school official or public school employee shall, for any purpose, solicit or exact from any pupil in any public school any contribution or gift of money or any article of value, or any pledge to contribute any money or article of value. No public school teacher shall accept payment for tutoring directly from the parents of a student under his or her instruction. If a teacher is to be assigned and compensated as a tutor for a student under his or her instruction, the assignment and compensation must be through the school department pursuant to policies and procedures adopted by the school committee. Nothing in this section shall be interpreted to prohibit a teacher from tutoring a student who is not concurrently under his or her instruction in the public school and receiving compensation for the tutoring from the parents of the student.
(b) No commercial goods or services shall be sold to students in the public schools or on public school property, nor shall any commercial materials (flyers, literature, advertisements, commercial materials, or solicitations) be sent home with students from the public school, except as authorized pursuant to policies and procedures adopted by the local school committee, that shall, at a minimum, address the following:
(1) The conduct and financial accountability of public school employees and public school officials engaged in commercial activities for the benefit of public schools;
(2) The use of schoolchildren to deliver commercial materials to parents.
(c) Any approved fundraising activity shall be conducted on a voluntary basis and in accordance with rules and regulations promulgated by the school committee, that shall, at a minimum, address the following:
(1) The conduct and financial accountability of public school employees and public school officials engaged in fundraising activities for the benefit of public schools;
(2) The specific circumstances, if any, for door-to-door solicitations and door-to-door sales by public school students for fundraising;
(3) The use of schoolchildren to deliver fundraising materials to parents.
(d) When creating a school budget pursuant to § 16-2-9(a)(9), school committees may budget funds for field trips, provided that:
(1) The field trips meet Rhode Island’s basic education program regulations; and
(2) All students have the same ability to attend the field trips.
(e) To supplement budgeted funds, fundraising for field trips is permissible, provided that:
(1) The fundraising activity complies with subsection (c) of this section;
(2) Students are not required to meet individual fundraising targets as a condition of attendance on the trip; and
(3) Parents or guardians be allowed to donate toward the cost of the trip.
(f) The commissioner of elementary and secondary education shall provide technical assistance to assist the school committees of the several towns and cities in the formulation of the local policies and procedures mandated by this section.
History of Section. G.L. 1909, ch. 73, § 10; P.L. 1922, ch. 2234, § 16; G.L. 1923, ch. 77, § 10; P.L. 1928, ch. 1230, § 1; G.L. 1938, ch. 198, § 9; impl. am. P.L. 1939, ch. 2752, § 21; G.L. 1956, § 16-38-6; P.L. 2000, ch. 142, § 2; P.L. 2000, ch. 368, § 2; P.L. 2021, ch. 238, § 1, effective July 8, 2021; P.L. 2021, ch. 239, § 1, effective July 8, 2021.
No superintendent or school committee of any city or town, or any person officially connected with the government or direction of the public schools, shall receive any private fee, gratuity, donation, or compensation in any manner for promoting the sale or the exchange of any school book, map, or chart in any public school, or be an agent for the sale or the publisher of any school textbook, or be directly or indirectly pecuniarily interested in the introduction of any school textbook; and any agency or interest shall disqualify any person acting or interested as described from holding any school office.
History of Section. G.L. 1896, ch. 65, § 11; G.L. 1909, ch. 73, § 7; G.L. 1923, ch. 77, § 7; G.L. 1938, ch. 198, § 6; G.L. 1956, § 16-38-7.
No person shall offer to any public school officer any fee, commission, or compensation as an inducement to effect through the officer any sale or promotion of sale or exchange of any school book, map, chart, or school apparatus.
History of Section. G.L. 1896, ch. 65, § 12; G.L. 1909, ch. 73, § 8; G.L. 1923, ch. 77, § 8; G.L. 1938, ch. 198, § 7; G.L. 1956, § 16-38-8.
Every school officer who shall make any false certificate, or appropriate any public school money to any purpose not authorized by law, or who shall refuse for a reasonable charge to give certified copies of any official paper, or to account for or deliver to his or her successor any accounts, papers, or money in his or her hands, or shall willfully or knowingly refuse to perform any duty of his or her office, or violate any provisions of any law regulating public schools, except where a particular penalty may be prescribed, shall be fined not exceeding five hundred dollars ($500) or be imprisoned not exceeding six (6) months, and shall be liable to an action of the case for damages to be brought by any person injured by this violation.
History of Section. G.L. 1896, ch. 65, § 5; G.L. 1909, ch. 73, § 2; G.L. 1923, ch. 77, § 2; G.L. 1938, ch. 198, § 2; G.L. 1956, § 16-38-9.
Any school receiving aid from the state, either by direct grant or by exemption from taxation, may be visited and examined by the school committee of the city or town in which the school is situated, and by the board of elementary and secondary education or its duly authorized agents, and by the commissioner of elementary and secondary education or the commissioner’s duly authorized agents, when they shall deem it advisable.
History of Section. G.L. 1896, ch. 65, § 6; G.L. 1909, ch. 73, § 3; G.L. 1923, ch. 77, § 3; G.L. 1938, ch. 198, § 3; impl. am. P.L. 1951, ch. 2752, § 21; G.L. 1956, § 16-38-10; P.L. 1988, ch. 585, § 1.
Whenever a school shall refuse to permit visitation, when requested, or shall refuse or neglect to keep the school register and to make returns as required by law, its exemption from taxation shall thereafter cease and be determined; and the board of regents for elementary and secondary education or the superintendent of schools shall notify the assessors of taxes in the town or city where the school may be located of the refusal or neglect.
History of Section. G.L. 1896, ch. 65, § 7; G.L. 1909, ch. 73, § 4; P.L. 1922, ch. 2234, § 15; G.L. 1923, ch. 77, § 4; G.L. 1938, ch. 198, § 4; impl. am. P.L. 1951, ch. 2752, § 21; G.L. 1956, § 16-38-11.
Every person violating any provision of this chapter shall be fined not exceeding fifty dollars ($50.00) or be imprisoned not exceeding thirty (30) days unless provided in this section; provided, that the penalty shall not apply to §§ 16-38-4 to 16-38-6.
History of Section. G.L. 1909, ch. 73, § 12; P.L. 1922, ch. 2234, § 16; G.L. 1923, ch. 77, § 12; G.L. 1938, ch. 198, § 11; G.L. 1956, § 16-38-12.
The board of regents for elementary and secondary education may remit all fines, penalties, and forfeitures incurred by any city or town or person under any of the provisions of this title, except the forfeiture incurred by any city or town for not raising its proportion of money.
History of Section. G.L. 1896, ch. 62, § 12; G.L. 1909, ch. 70, § 6; G.L. 1923, ch. 73, § 6; G.L. 1938, ch. 198, § 12; impl. am. P.L. 1951, ch. 2752, § 21; G.L. 1956, § 16-38-13.
(a) Each school district shall adopt a policy governing the use of any listserv to distribute information to the parents or guardians of the students enrolled in the school district.
(b) It shall be unlawful for any person or institution, educational or otherwise, to knowingly circulate, or permit to be circulated, on any such listserv information:
(1) Related to any activity directed at the success or failure of a political party or candidate for federal, state, or municipal office; or
(2) Promoting the solicitation or receipt of political contributions, including invitations to fundraising events, for any political party or candidate; provided, however, this section shall not prohibit the distribution of information about a candidate public forum that is open on an equal basis to all candidates for that office.
(c) Any person or institution found guilty of a violation of this section shall be punished by a civil fine not exceeding fifty dollars ($50.00).
(d) For purposes of this section, “listserv” means a computer software application that allows a sender to send one email to a list, and then transparently send it on to the addresses of all subscribers to the list.
History of Section. P.L. 2021, ch. 61, § 1, effective June 25, 2021; P.L. 2021, ch. 67, § 1, effective June 25, 2021.
Parties having any matter of dispute between them arising under any law relating to schools or education may appeal to the commissioner of elementary and secondary education who, after notice to the parties interested of the time and place of hearing, shall examine and decide the appeal without cost to the parties involved.
History of Section. G.L. 1896, ch. 62, § 4; G.L. 1909, ch. 70, § 4; G.L. 1923, ch. 73, § 4; G.L. 1938, ch. 199, § 1; P.L. 1951, ch. 2752, § 16; G.L. 1956, § 16-39-1.
Any person aggrieved by any decision or doings of any school committee or in any other matter arising under any law relating to schools or education may appeal to the commissioner of elementary and secondary education who, after notice to the parties interested of the time and place of hearing, shall examine and decide the appeal without cost to the parties involved.
History of Section. G.L. 1896, ch. 62, § 1; G.L. 1909, ch. 70, § 1; G.L. 1923, ch. 73, § 1; G.L. 1938, ch. 199, § 2; P.L. 1951, ch. 2752, § 16; G.L. 1956, § 16-39-2.
Any decision of the commissioner in these matters shall be subject to an appeal to and review by the board of regents for elementary and secondary education.
History of Section. G.L. 1938, ch. 199, § 3; P.L. 1951, ch. 2752, § 16; G.L. 1956, § 16-39-3.
All final decisions made after a hearing by the commissioner of elementary and secondary education or the board of regents for elementary and secondary education, and which are not subject to further judicial or administrative review, shall be enforceable by mandamus or any other suitable civil action in the superior court for Providence County at the request of any interested party. All these decisions of the commissioner and board shall become final if judicial or further administrative review is not properly sought within thirty (30) days of their issuance.
History of Section. P.L. 1983, ch. 135, § 1.
In all cases concerning children, other than cases arising solely under § 16-2-17, the commissioner of elementary and secondary education shall also have power to issue any interim orders pending a hearing as may be needed to ensure that a child receives education in accordance with applicable state and federal laws and regulations during the pendency of the matter. Hearings on these interim orders shall be conducted within five (5) working days of a request for relief and the decision shall be issued within five (5) working days of the completion of the hearing. These interim orders shall be enforceable in the superior court at the request of any interested party.
History of Section. P.L. 1986, ch. 61, § 1; P.L. 1989, ch. 425, § 1; P.L. 1991, ch. 236, § 1.
Judicial review may be obtained by any aggrieved party as provided in chapter 35 of title 42.
History of Section. P.L. 1969, ch. 43.
Nothing contained in this chapter shall be construed as to deprive any aggrieved party of any legal remedy.
History of Section. G.L. 1938, ch. 199, § 5; P.L. 1951, ch. 2752, § 16; G.L. 1956, § 16-39-5.
The board of regents for elementary and secondary education may prescribe rules regulating the time and manner of taking appeals, and rules to prevent appeals for trifling and frivolous causes.
History of Section. G.L. 1896, ch. 62, § 3; G.L. 1909, ch. 70, § 3; G.L. 1923, ch. 73, § 3; G.L. 1938, ch. 199, § 4; G.L. 1938, ch. 199, § 6; P.L. 1951, ch. 2752, § 16; G.L. 1956, § 16-39-6.
In any civil suit before any court against any school officer for any matter which might by this chapter have been heard and decided by the board of regents for elementary and secondary education, no costs shall be taxed for the plaintiff if the court is of the opinion that the officer acted in good faith.
History of Section. G.L. 1896, ch. 62, § 6; G.L. 1909, ch. 70, § 5; G.L. 1923, ch. 73, § 5; G.L. 1938, ch. 199, § 5; G.L. 1938, ch. 199, § 7; P.L. 1951, ch. 2752, § 16; G.L. 1956, § 16-39-7.
In any hearing conducted within the department of elementary and secondary education, the commissioner of elementary and secondary education or the hearing officer shall have the power to issue subpoenas to compel the attendance of witnesses and the production of documents or other material. Subpoenas shall also be issued by the commissioner or hearing officer at the request of any party participating in any hearing. If not complied with, subpoenas issued under this section shall be enforceable in a contempt action brought in the superior court of Providence County by the commissioner of elementary and secondary education or any party in interest.
History of Section. P.L. 1984, ch. 147, § 1.
(a) No academy, college, university, or other institution of secondary or higher education shall be incorporated or established in this state or be permitted to transact business, unless exempt pursuant to § 16-40-10, within this state unless and until:
(1) Suitable provision, approved by the council on elementary and secondary education or the council on postsecondary education, shall be made that the academy, college, university, or institution is in compliance with the provisions of this chapter and with the regulations and standards for approval adopted by the appropriate council or full board to implement this chapter; and
(2) For institutions offering an associates degree or higher, the institution has initiated discussions, that are evidenced by a writing, with the New England Association of Schools and Colleges (NEASC) regarding potential accreditation; or
(3) For distance-learning purposes only, a degree-granting institution has full accreditation by a regional accrediting agency recognized by the United States Department of Education and equivalent to NEASC.
(b) The secretary of state, upon the receipt by him or her under the provisions of the general laws of articles of association purporting to establish an educational institution, shall transmit the articles of association to the appropriate council and shall not issue the certificate of incorporation provided by the general laws unless and until the commissioner of elementary and secondary education or the commissioner of the office of postsecondary education shall file with the secretary of state a certificate over his or her signature that the appropriate council has approved the application for incorporation as complying with the requirements of this section.
History of Section. P.L. 1932, ch. 1897, § 1; G.L. 1938, ch. 200, § 1; impl. am. P.L. 1951, ch. 2752, §§ 10, 21; G.L. 1956, § 16-40-1; P.L. 1975, ch. 243, § 1; P.L. 2003, ch. 442, § 1; P.L. 2004, ch. 188, § 1; P.L. 2004, ch. 479, § 1; P.L. 2015, ch. 207, § 1; P.L. 2015, ch. 231, § 1; P.L. 2017, ch. 50, § 1; P.L. 2017, ch. 58, § 1.
Authority to grant academic, collegiate, professional, or other degrees recognizing learning, scholarship, or achievement shall not be included in, or presumed to be part of, the functions of a corporation or of an institution of education unless its charter or the articles of association shall specifically indicate that the institution is nonprofit and specifically indicate the power to grant degrees and the nature of the degrees to be granted; and no corporation or association shall grant academic, collegiate, professional, or similar degrees without specific authorization; and for institutions offering an associates degree or higher, have received full New England Association of Schools and Colleges (NEASC) accreditation or for distance-learning purposes only, a degree-granting institution has full accreditation by a regional accrediting agency recognized by the United States Department of Education and equivalent to NEASC within five (5) years of its incorporation or establishment within this state or five (5) years of being permitted to transact business within this state unless exempt pursuant to § 16-40-10.
History of Section. P.L. 1932, ch. 1897, § 2; G.L. 1938, ch. 200, § 2; G.L. 1956, § 16-40-2; P.L. 1987, ch. 378, § 1; P.L. 2004, ch. 188, § 1; P.L. 2004, ch. 479, § 1; P.L. 2015, ch. 207, § 1; P.L. 2015, ch. 231, § 1; P.L. 2017, ch. 50, § 1; P.L. 2017, ch. 58, § 1.
The secretary of state, upon the receipt by him or her of amendments to a charter or articles of incorporation, as required by the general laws, which amendments shall add educational functions or the granting of degrees to the powers or purposes of any existing corporation, shall submit the proposed amendments to the board of regents for elementary and secondary education or the board of governors for higher education and shall not issue the certificate authorizing those changes unless and until he or she shall receive from the appropriate board a certificate that the changes subject to the provisions of § 16-40-1 have been approved by the appropriate board.
History of Section. P.L. 1932, ch. 1897, § 3; G.L. 1938, ch. 200, § 3; impl. am. P.L. 1951, ch. 2752, § 21; G.L. 1956, § 16-40-3.
No academy, college, university, or institution of education conducted within this state, nor any officer or member of these, in recognition of the attainment or proficiency of any member of these, scholar, student, subscriber, or other person, in pursuing or graduating from any course or courses of study, arts, or learning conducted by it or another school, corporation, association, or institution, or in recognition of the attainment or achievement of any person, shall admit any person to the grade of a degree by conferring or by participating in conferring any degree upon any person or persons, except under the authority of a charter or articles of association specifically authorizing the granting of degrees, issued in accordance with the laws of this state.
History of Section. P.L. 1932, ch. 1897, § 4; G.L. 1938, ch. 200, § 4; G.L. 1956, § 16-40-4.
The approval of the appropriate board as provided in this chapter may for proper cause in the discretion of the appropriate board be revoked, after hearing upon twenty (20) days’ notice of the time and place of the hearing given, and of the reasons for the proposed revocation, to any private academy, college, university, or other institution of education by service upon any officer of these, upon proof made at the hearing to the satisfaction of the appropriate board that the provisions of this chapter, or the regulations or standards for approval adopted by the appropriate board to implement this chapter, have been violated by the academy, college, university, or other institution of education, or by the officers of these.
History of Section. P.L. 1932, ch. 1897, § 5; G.L. 1938, ch. 200, § 5; impl. am. P.L. 1951, ch. 2752, § 21; G.L. 1956, § 16-40-5; P.L. 1975, ch. 243, § 1.
The admitting of any person or persons to any grade of a degree by conferring the degree upon that person or persons during the continuation of the revocation of the approval shall render this academy, college, university, or other institution of education, or any officer or member of these, participating in this, liable to the penalty provided in this chapter, as though no approval had been granted in the first instance.
History of Section. P.L. 1932, ch. 1897, § 5; G.L. 1938, ch. 200, § 5; G.L. 1956, § 16-40-6.
The department of elementary and secondary education or the office of higher education shall keep a written record in a book to be provided and used solely for the purpose of recording in this book approvals and revocation of approvals at its office in Providence for the inspection of any person upon request.
History of Section. P.L. 1932, ch. 1897, § 5; G.L. 1938, ch. 200, § 5; impl. am. P.L. 1951, ch. 2752, § 21; G.L. 1956, § 16-40-7.
Any academy, college, university, or institution of education or any person being an officer or agent of any academy, college, university, or institution of education incorporated under the laws of this state or transacting business within this state, who shall as an officer or agent, by vote or in any manner or capacity admit or participate in admitting any scholar or student, or any person in recognition of attainment or achievement, to any grade of a degree by conferring or participating in conferring a degree upon the scholar or student or person contrary to the provisions of this chapter, or contrary to the regulations or standards for approval adopted by the board of regents for elementary and secondary education or the board of governors for higher education to implement this chapter, or who shall sign any certificate or diploma as evidence of the conferring of the degree, shall be liable to a penalty of three hundred dollars ($300) for each offense to be sued for and recovered by and in the name of the department of elementary and secondary education or the office of higher education but to the use of the state.
History of Section. P.L. 1932, ch. 1897, § 6; G.L. 1938, ch. 200, § 6; impl. am. P.L. 1951, ch. 2752, § 21; G.L. 1956, § 16-40-8; P.L. 1975, ch. 243, § 1.
The district court for the sixth division is empowered, upon the filing of a complaint in writing, duly verified, which verification when made by the department of elementary and secondary education or the office of higher education may be made upon information and belief that any person has violated the provisions of this chapter, to issue process in the nature of a summons at the suit of the department or office as plaintiff; the summons shall be returnable in not less than five (5) and not more than fifteen (15) entire days; the process shall state in what respect this chapter has been violated by the defendant or defendants, and upon the return of the process, or at any time to which the trial shall be adjourned, the court shall proceed in a summary manner to hear testimony and to determine and give judgment in the matter, without the filing of any further pleadings for the plaintiff, for the recovery of the penalty with costs, or for the defendant or defendants, and the court shall, if judgment is rendered for the plaintiff, cause the defendant or defendants other than a body corporate who may refuse or fail immediately to pay the amount of the judgment rendered against the defendant or defendants, and all the costs and charges incident to it, to be imprisoned for any period not exceeding ninety (90) days. Upon any conviction under this section, the department or office shall immediately file in the office of the secretary of state as a public record the name of the corporation convicted or the name of any corporation whose officer or agent shall have been convicted, and upon filing, the charter or articles of association of the corporation shall become forfeited by reason of the conviction and the corporation shall cease to be a body corporate, except as provided in § 7-1.2-1324, and the secretary of state shall immediately mail a notice of the forfeiture of charter or articles of association to the corporation at its last known address, but failure to receive the notice shall not invalidate the notice.
History of Section. P.L. 1932, ch. 1897, § 6; G.L. 1938, ch. 200, § 6; impl. am. P.L. 1951, ch. 2752, § 21; G.L. 1956, § 16-40-9; P.L. 1969, ch. 239, § 32; P.L. 2005, ch. 36, § 11; P.L. 2005, ch. 72, § 11.
The superior court for the county of Providence is empowered to grant appropriate injunctive relief to the plaintiff for violation of the provisions of this chapter.
History of Section. P.L. 1975, ch. 243, § 2.
(a) Nothing contained in §§ 16-40-1 through 16-40-18, except the provisions of § 16-40-3, shall apply to any school or schools conducted under the public school system of this state, nor to any academy, college, university, or institution of education which shall have been established and conducted within this state for a period of ten (10) years prior to April 13, 1932, nor to any academy, college, university, or institution of education established by a special act of the general assembly of this state prior to January 1, 1987, nor to Roger Williams University in Bristol, Rhode Island.
(b) Nothing contained in §§ 16-40-1 through 16-40-18 shall apply to any postsecondary school or schools solely offering distance learning pursuant to an interstate reciprocity agreement for distance learning if:
(1) The institution is situated in a state that is also participating in such agreement;
(2) The institution has been approved to participate in such agreement by its home state and other entities with oversight of such agreement;
(3) The institution has elected to participate in and operate in compliance with the terms of said agreement; and
(4) The institution is and remains a member in good standing under the reciprocity agreement.
History of Section. P.L. 1932, ch. 1897, § 7; G.L. 1938, ch. 200, § 7; G.L. 1956, § 16-40-10; P.L. 1987, ch. 504, § 1; P.L. 2004, ch. 99, § 1; P.L. 2004, ch. 107, § 1; P.L. 2015, ch. 207, § 1; P.L. 2015, ch. 231, § 1.
[Repealed]
History of Section. P.L. 2002, ch. 212, § 1; P.L. 2002, ch. 258, § 1; Repealed by P.L. 2010, ch. 61, § 1; P.L. 2010, ch. 69, § 1, effective June 12, 2010.
Notwithstanding any rule, regulation or general law to the contrary, the Mater Ecclesiae shall be authorized to grant associate and bachelor degrees provided that it is in compliance with regulations and standards for approval adopted by the board of regents for elementary and secondary education or the board of governors for higher education, as appropriate.
History of Section. P.L. 2004, ch. 123, § 1; P.L. 2004, ch. 249, § 1; P.L. 2004, ch. 500, § 1.
All private schools or institutions of learning in this state shall be registered at the office of the department of elementary and secondary education or the office of higher education, the registry showing location, name, officers, or persons in charge, grade of instruction, and common language used in teaching. They shall also make a report annually in the month of July to the board of regents for elementary and secondary education or the board of governors for higher education showing the number of different pupils enrolled, the average attendance, the number of teachers employed, and any other facts of age, attendance, and subjects of instruction taught that the appropriate board may require.
History of Section. G.L. 1896, ch. 51, § 10; G.L. 1909, ch. 63, § 11; P.L. 1922, ch. 2234, § 5; G.L. 1923, ch. 65, § 15; P.L. 1925, ch. 678, § 1; G.L. 1938, ch. 176, § 6; P.L. 1941, ch. 1032, § 1; impl. am. P.L. 1951, ch. 2752, § 21; G.L. 1956, § 16-40-11.
All private schools offering instruction in any academic or vocational field to students above the compulsory school age shall be registered at the department of elementary and secondary education or the office of higher education, the registry showing the name of the school, the location, the names of the officers or persons in charge, the field or fields in which instruction is to be given, the rate of tuition to be charged, and the training and experience of the teachers. These schools shall not operate until they have received the approval of the board of regents for elementary and secondary education or the board of governors for higher education and shall continue to operate only as long as the approval remains in force. These schools shall report annually to the appropriate board, in the month of July, on prescribed forms furnished by the department or office, showing the number of different pupils enrolled, the fields of instruction covered, the length of the course, the number of teachers employed, and any other facts that the board may require.
History of Section. G.L. 1938, ch. 176, § 6; P.L. 1941, ch. 1032, § 1; impl. am. P.L. 1951, ch. 2752, § 21; G.L. 1956, § 16-40-12.
No private school shall promise or guarantee placement or employment as a means of inducing enrolment, and any person, firm, or corporation which conducts a school contrary to these regulations and without the approval of the board of regents for elementary and secondary education or the board of governors for higher education shall be considered guilty of a misdemeanor and shall be subject to a fine of not less than five hundred dollars ($500).
History of Section. G.L. 1938, ch. 176, § 6; P.L. 1941, ch. 1032, § 1; impl. am. P.L. 1951, ch. 2752, § 21; G.L. 1956, § 16-40-13.
Nothing contained in §§ 16-40-11 through 16-40-13 shall be construed in a manner as to interfere in the operation of any secondary schools that were in existence on May 7, 1941, and which had been approved by the director of education or of private schools or institutions of learning in this state properly registered at the office of the department of elementary and secondary education or the office of higher education and which have been approved by the board of regents for elementary and secondary education or the board of governors for higher education.
History of Section. P.L. 1941, ch. 1032, § 2; impl. am. P.L. 1951, ch. 2752, § 21; G.L. 1956, § 16-40-14.
The department of elementary and secondary education or the office of higher education shall provide registers for all private schools and institutions, and shall prepare blank forms of inquiry for the facts called for in §§ 16-40-11, 16-40-12; and in doing so shall have special reference to the requirements of the office of education in Washington.
History of Section. G.L. 1896, ch. 51, § 11; G.L. 1909, ch. 63, § 12; G.L. 1923, ch. 65, § 16; G.L. 1938, ch. 176, § 7; impl. am. P.L. 1951, ch. 2752, § 21; G.L. 1956, § 16-40-15.
(a) In the event that a private school shall close, provision must be made for continued access to student academic and attendance records. Records of elementary school students shall be sent to the receiving school, except that records of elementary and secondary parochial schools shall be sent to the catholic school office.
(b) When a private secondary school closes, the school shall obtain the approval of the commissioner of elementary and secondary education as to the disposition of the attendance and academic records of the students.
(c) Within thirty (30) days of the closing of a private postsecondary school, the person having care, custody and control of the records shall obtain the approval of the commissioner of higher education as to the disposition of student records.
(d) The department of elementary and secondary education and the office of higher education may promulgate regulations for the custody and disposition of student records of private schools that cease operation.
(e) No private academy, college, university, or other institution of higher education shall be permitted to close without first notifying the current students, any persons who have pre-paid tuition and deposits with the school, and the board of education of the impending closure of the school.
(1) Such notice shall be provided in writing at least thirty (30) calendar days prior to the closing of the school, and shall include instructions on the procedures to be implemented:
(i) To return any pre-paid tuition and/or other deposits to the students and/or persons who have made such deposits and tuition payments and for which instruction time will not be provided; and
(ii) To furnish students and the office of higher education with transcripts of courses, grades and credits and any other pertinent academic records regarding said students.
(2) In the event a private academy, college, university, or other institution of higher education closes and does not provide the thirty (30) day notice as set forth in the preceding subsection, the private entity may be subject to a fine and/or other penalties as determined by the board of education.
History of Section. P.L. 1987, ch. 320, § 1; P.L. 2013, ch. 250, § 1; P.L. 2013, ch. 437, § 1.
[Repealed]
History of Section. Section 16-40.1-10, enacted by P.L. 1991, ch. 44, art. 48, § 1, provides that §§ 16-40.1-1 through 16-40.1-9 ( P.L. 1990, ch. 228, § 1), concerning funds for nonpublic school record keeping, are repealed, effective July 1, 1991. See § 16-40.1-10.
Effective July 1, 1991, the provisions of §§ 16-40.1-1 through 16-40.1-9 are repealed; provided, that the commissioner is authorized and may continue after July 1, 1991 to require data necessary for the calculation of school support programs.
History of Section. P.L. 1991, ch. 44, art. 48, § 1.
The Rhode Island higher education assistance authority, on behalf of the state, is authorized and directed to execute a compact, substantially in the following form, with any one or more of the states of Connecticut, Maine, Massachusetts, New Hampshire and Vermont:
NEW ENGLAND HIGHER EDUCATION COMPACT ARTICLE I
The purpose of the New England higher education compact shall be to provide greater educational opportunities and services through the establishment and maintenance of a coordinated educational program for the persons residing in the several states of New England parties to this compact with the aim of furthering higher education in the fields of medicine, dentistry, veterinary medicine, public health and in professional, technical, scientific, literary and other fields.
ARTICLE II
There is hereby created and established a New England board of higher education hereinafter known as the board which shall be an agency of each state party to the compact. The board shall be a body corporate and politic, having the powers, duties and jurisdiction herein enumerated and such other and additional powers as shall be conferred upon it by the concurrent act or acts of the compacting states. The board shall consist of eight (8) resident members from each compacting state, chosen in the manner and for the terms provided by law of the several states parties to this compact, provided, however, that at least four (4) members shall be members of the legislature.
ARTICLE III
This compact shall become operative immediately as to those states executing it whenever any two (2) or more of the states of Maine, Vermont, New Hampshire, Massachusetts, Rhode Island, and Connecticut have executed it in the form which is in accordance with the laws of the respective compacting states.
ARTICLE IV
The board shall annually elect from its members a chairperson and vice-chairperson and shall appoint and at its pleasure remove or discharge said officers. It may appoint and employ an executive secretary and may employ such stenographic, clerical, technical or legal personnel as shall be necessary, and at its pleasure remove or discharge such personnel. It shall adopt a seal and suitable bylaws and shall promulgate any all rules and regulations which may be necessary for the conduct of its business. It may maintain an office or offices within the territory of the compacting states and may meet at any time or place. Meetings shall be held at least twice each year.
A majority of the members shall constitute a quorum for the transaction of business, but no action of the board imposing any obligation on any compacting state shall be binding unless a majority of the members from such compacting state shall have voted in favor thereof. Where meetings are planned to discuss matters relevant to problems of education affecting only certain of the compacting states, the board may vote to authorize special meetings of the board members of such states. The board shall keep accurate accounts of all receipts and disbursements and shall make an annual report to the governor and the legislature of each compacting state setting forth in detail the operations and transactions conducted by it pursuant to this compact, and shall make recommendations for any legislative action deemed by it advisable, including amendments to the statutes of the compacting states which may be necessary to carry out the intent and purpose of this compact. The board shall not pledge the credit of any compacting state without consent of the legislature thereof given pursuant to the constitutional processes of said state. The board may meet any of its obligations in whole or in part with funds available to it under article VII of this compact, provided that the board takes specific action setting aside such funds prior to the incurring of any obligation to be met in whole or in part in this manner. Except where the board makes use of funds available to it under article VII hereof, the board shall not incur any obligations for salaries, office, administrative, traveling or other expenses prior to the allotment of funds by the compacting states adequate to meet the same. Each compacting state reserves the right to provide hereafter by law for the examination and audit of the accounts of the board. The board shall appoint a treasurer and assistant treasurer who may be empowered to perform any and all duties of the treasurer. Fiscal disbursements of the board shall be valid only when authorized by any two (2) persons from among those authorized by the board to execute this authority, and when substantiated by vouchers signed and countersigned by any two (2) persons from among those the board has authorized to execute this authority. The executive secretary shall be custodian of the records of the board with authority to attest to and certify the records or copies thereof.
ARTICLE V
The board shall have the power to: (1) Collect, correlate, and evaluate data in the fields of its interest under this compact; to publish reports, bulletins, and other documents making available the results of its research; and, in its discretion, to charge fees for said reports, bulletins, and documents; (2) enter into such contractual agreements or arrangements with any of the compacting states or agencies thereof and with educational institutions and agencies as may be required in the judgment of the board to provide adequate services and facilities in educational fields covered by this compact; provided that it shall be the policy of the board in the negotiation of its agreements to serve increased numbers of students from the compacting states through arrangements with them existing institutions, whenever in the judgment of the board adequate service can be so secured in the New England region. Each of the compacting states shall contribute funds to carry out the contracts of the board on the basis of the number of students from such state for whom the board may contract. Contributions shall be at the rate determined by the board in each educational field. Except in those instances where the board by specific action allocates funds available to it under article VII hereof, it shall be the policy of the board to enter into such contracts only upon appropriation of funds by the compacting states. Any contract entered into shall be in accordance with rules and regulations promulgated by the board and in accordance with the laws of the compacting states.
ARTICLE VI
Each state agrees that, when authorized by the legislature pursuant to the constitutional processes, it will from time to time make available to the board such funds as may be required for the expenses of the board as authorized under the terms of this compact. The contribution of each state for this purpose shall be in the proportion that its population bears to the total combined population of the states who are parties hereto as shown from time to time by the most recent official published report of the bureau of the census of the United States of America; unless the board shall adopt another basis in making its recommendation for appropriation to the compacting states.
ARTICLE VII
The board for the purposes of this compact is hereby empowered to receive grants, devises, gifts and bequests which the board may agree to accept and administer. The board shall administer property held in accordance with special trusts, grants and bequests and shall also administer grants and devises of land and gifts or bequests of personal property made to the board for special uses and shall execute said trusts, investing the proceeds thereof in notes or bonds secured by sufficient mortgages or other securities.
ARTICLE VIII
The provisions of this compact shall be severable and if any phrase, clause, sentence or provision of this compact is declared to be contrary to the constitution of any compacting state or of the United States the validity of the remainder of this compact and the applicability thereof to any government, agency, person, or circumstance shall not be affected thereby; provided, that if this compact is held to be contrary to the constitution of any compacting state the compact shall remain in full force and effect as to all other compacting states.
ARTICLE IX
This compact shall continue in force and remain binding upon a compacting state until the legislature or the governor of such state, as the laws of such state shall provide, takes action to withdraw therefrom. Such action shall not be effective until two (2) years after notice thereof has been sent by the governor of the state desiring to withdraw to the governors of all other states then parties to the compact. Such withdrawal shall not relieve the withdrawing state from its obligations accruing hereunder prior to the effective date of withdrawal. Any state so withdrawing, unless reinstated, shall cease to have any claim to or ownership of any of the property held by or vested in the board or to any of the funds of the board held under the terms of the compact. Thereafter, the withdrawing state may be reinstated by application after appropriate legislation is enacted by such state, upon approval by a majority vote of the board.
History of Section. R.P.L. 1957, ch. 73, § 1; P.L. 1970, ch. 130, § 1; P.L. 1978, ch. 365, § 1.
When the authority shall have executed the compact on behalf of this state and shall have caused a verified copy to be filed with the secretary of state, then the compact shall become operative and effective as between this state and the other state or states. The authority is authorized and directed to take any action that may be necessary to complete the exchange of official documents as between this and any other state executing the compact.
History of Section. R.P.L. 1957, ch. 73, § 2; P.L. 1978, ch. 365, § 2.
(a) The governor shall appoint four (4) resident members from Rhode Island who shall serve in accordance with article II of the compact. In the month of May in each year the governor shall appoint successors to those members of the compact whose terms shall expire in that year, to hold office on the first day of June in the year of appointment and until the first day of June in the third year after their successors are appointed and qualified.
(b) The president of the senate shall appoint two (2) members of the senate to serve in accordance with article II for the member’s legislative term.
(c) The speaker of the house shall appoint two (2) members of the house to serve in accordance with article II for the member’s legislative term.
(d) Any vacancy of a member which shall occur in the commission shall be filled by the appointing authority for the remainder of the unexpired term. All members shall serve without compensation but shall be entitled to receive reimbursement for reasonable and necessary expenses actually incurred in the performance of their duties.
History of Section. P.L. 1957, ch. 73, § 3; P.L. 1970, ch. 130, § 2; P.L. 1978, ch. 365, § 2; P.L. 1980, ch. 215, § 1; P.L. 1999, ch. 105, § 1; P.L. 2001, ch. 86, § 46; P.L. 2001, ch. 180, § 15; P.L. 2015, ch. 141, art. 7, § 2.
To carry out the purposes of this chapter the general assembly shall annually appropriate any sum as it may deem necessary. The state controller is authorized and directed to draw his or her orders upon the general treasurer for the payment of any sum or so much of a sum as may be required from time to time, upon the receipt by him or her of properly authenticated vouchers.
History of Section. R.P.L. 1957, ch. 73, § 4.
(a) Dental, medical, optometry, osteopathic, and veterinary medical students who attend schools under the Rhode Island health professions contract program which is supported by funds from the state may decrease their indebtedness to the state under the following options:
(1) Upon completion of his or her dental, medical, optometry, osteopathic, or veterinary training, including internship and residency training, a student who establishes residency in the state will be relieved of fifteen percent (15%) of that indebtedness per year for each year that the student is employed by the state in a full-time capacity for a maximum cancellation of seventy-five percent (75%) for five (5) years of employment.
(2) Any graduate who establishes residency in the state will be relieved of ten percent (10%) of that indebtedness per year for each year that he or she practices dentistry, medicine, optometry, osteopathy, or veterinary medicine in the state in a full-time capacity for a maximum cancellation of fifty percent (50%) for five (5) years of practice.
(b) In no event shall any student’s cancellation of indebtedness under subsection (a) exceed seventy-five percent (75%).
(c) In no event shall any student be entitled to a refund of any sums paid on his or her indebtedness by virtue of the provisions of this section.
(d) The office of the postsecondary commissioner shall promulgate rules and regulations that are necessary and proper to promote the full implementation of this section.
History of Section. P.L. 1978, ch. 75, § 1; P.L. 1982, ch. 344, art. 6, § 1; P.L. 2015, ch. 141, art. 7, § 2; P.L. 2016, ch. 511, art. 1, § 8.
(a) In any city or town where there is a child eligible to attend elementary or secondary schools who is either gifted or talented to an extent that a standard educational program would not foster potential development, the school committee of the city or town may provide the type of educational program that will satisfy the needs of the gifted or talented child in grades pre-kindergarten through twelve (12), the program to be approved by the commissioner of elementary and secondary education.
(b) Providing programs and services for gifted and talented elementary or secondary level students:
(1) Requires an educational program and/or service which is different from that normally provided in the standard school program and which is educationally, personally, and socially beneficial; and
(2) Requires that programs developed serve students who demonstrate unique talents and/or superior capabilities in areas such as specific academic aptitude, creative thinking, intelligence, visual, performing and industrial arts, and leadership.
History of Section. P.L. 1958, ch. 95, § 1; P.L. 1978, ch. 142, § 1; P.L. 1978, ch. 205, art. 14, § 1; P.L. 1982, ch. 344, art. 13, § 1; P.L. 1995, ch. 307, § 1.
It shall be the duty of the board of regents for elementary and secondary education to establish regulations for the purpose of carrying out the intent of this chapter; these regulations shall include:
(1) Criteria for the identification of gifted and talented students in the categories in § 16-42-1.
(2) Criteria for education programming for each category of gifted and talented.
(3) Criteria for monitoring and evaluating of educational programs.
(4) Definitions of responsibilities of local school committees and the department of elementary and secondary education.
(5) Other rules and regulations for the purpose of carrying out the intent of this chapter.
History of Section. P.L. 1958, ch. 95, § 2; P.L. 1978, ch. 142, § 1; P.L. 1978, ch. 205, art. 14, § 1; P.L. 1982, ch. 344, art. 13, § 1; P.L. 1995, ch. 307, § 1.
(a) A state advisory committee shall be established by the department of elementary and secondary education. The committee shall be comprised of not less than fifteen (15) members: one of whom shall be the chairperson of the house finance committee or designee; one of whom shall be the chairperson of the senate finance committee or designee; one of whom shall be representative of the Rhode Island association of school superintendents; two (2) of whom shall be representatives of the Rhode Island association of school principals; two (2) of whom shall be school teachers; one of whom shall be representative of the state council on the arts; one of whom shall be a representative of a gifted project; two (2) of whom shall be educator representatives of higher education; one of whom shall be representative of the Rhode Island association of school committees; two (2) of whom shall be representatives of the public who shall be parents; and one of whom shall be representative of business/industry.
(b) In appointing members to the state advisory committee, the commissioner of elementary and secondary education shall ensure equal access and opportunity for participation to all interested parties. Members of the state advisory committee shall serve without compensation and shall meet a minimum of four (4) times a year. The advisory committee shall advise the commissioner of elementary and secondary education on all matters pertaining to the education of gifted and talented students.
History of Section. P.L. 1983, ch. 167, art. 7, § 4; P.L. 1995, ch. 307, § 1.
[Repealed]
History of Section. P.L. 1958, ch. 95, §§ 3-9, 11, 12; Repealed by P.L. 1978, ch. 142, § 2; P.L. 1978, ch. 205, art. 14, § 2. For present provisions see §§ 16-42-1, 16-42-2.
There is created within the department of elementary and secondary education the Rhode Island academy for gifted and talented children, referred to as “the academy”. The role of the academy will be to offer the opportunity for uniquely challenging education for gifted and talented students.
History of Section. P.L. 1987, ch. 585, § 1.
The general assembly has found and declares that:
(1) There is need to better articulate higher education and secondary education for gifted and talented students through joint college and junior/senior high school programs.
(2) The academic needs of gifted and talented students are critical in the areas of mathematics and science.
(3) The state should encourage programs for gifted and talented students especially on a regional, partnership, or cooperative basis.
(4) There is a special need to serve gifted and talented junior high school students through enrichment programs.
(5) The academy model has proven successful in other education approaches for meeting the needs of gifted and talented students.
History of Section. P.L. 1987, ch. 585, § 1.
The department of elementary and secondary education shall:
(1) Establish policies and procedures for the academy consistent with this chapter.
(2) Carry out the following responsibilities:
(i) Inform all school systems of the functions and funding of the academy;
(ii) Help school systems to develop cooperative, partnership, or regional programs;
(iii) Review and approve proposals submitted by local school systems;
(iv) Help to create new and productive approaches to providing direct services to meet the needs of gifted and talented students;
(v) Consult with the state advisory committee established in § 16-42-3 on operation of the academy program;
(vi) Assure that services funded under the academy’s auspices are direct and supplementary service to gifted and talented students;
(vii) Monitor funded programs;
(viii) Report on progress of programs funded under the academy.
History of Section. P.L. 1987, ch. 585, § 1.
[Repealed]
History of Section. P.L. 1987, ch. 585, § 1; Repealed by P.L. 2001, ch. 86, § 47, effective July 6, 2001.
There is created the Rhode Island academy for gifted and talented limited English proficient students within the department of elementary and secondary education, referred to as “the LEP Academy”. The role of the LEP Academy will be to offer the opportunity for uniquely challenging education for gifted and talented limited English proficient students.
History of Section. P.L. 1989, ch. 272, § 1.
The general assembly has found and declares that:
(1) Increasing numbers of limited English proficient students are entering Rhode Island public schools, and they must have equal access to gifted and talented programs;
(2) That the state should encourage programs for gifted and talented students from among special populations, including LEP students;
(3) That there is a special need to serve gifted and talented limited English proficient students in grades K through 12;
(4) That the academy model has proven successful in other education approaches for meeting the needs of gifted and talented students.
History of Section. P.L. 1989, ch. 272, § 1.
The department of elementary and secondary education shall:
(1) Establish policies and procedures for the academy consistent with this chapter;
(2) Carry out the following responsibilities:
(i) Inform all school systems of the functions and funding of the academy;
(ii) Review and approve proposals submitted by local school systems;
(iii) Help to create new and productive approaches of providing direct services to meet the needs of LEP gifted and talented students;
(iv) Consult with the gifted and LEP state advisory committees on the operation of the academy program;
(v) Assure that services funded under the academy’s auspices are direct and supplementary services to LEP gifted and talented students;
(vi) Monitor funded programs;
(vii) Report on progress of programs funded under the academy.
History of Section. P.L. 1989, ch. 272, § 1.
The department of elementary and secondary education is authorized to accept and direct the disbursement of funds appropriated by any acts of Congress and apportioned to the state in connection with 20 U.S.C. § 2301 et seq. The department of elementary and secondary education shall deposit all funds received from the federal government with the general treasurer, to be placed in a special account, and drawn upon only on receipt of properly authenticated vouchers.
History of Section. P.L. 1959, ch. 118, § 1; P.L. 1988, ch. 84, § 57.
The department of elementary and secondary education may enter into any agreements with any agency of the federal government, any school committee, or any other agency or person, may prescribe any regulations, employ any personnel, and take any action that it may deem necessary to provide for the establishment, maintenance, operation, and expansion of any educational program under 20 U.S.C. § 2301 et seq., and to direct the disbursement of federal and state funds in accordance with existing provisions of the federal and state laws. The department of elementary and secondary education may give technical advice and assistance to any school committee in connection with the establishment and operation of any program and may assist in training personnel engaged in the operation of these programs.
History of Section. P.L. 1959, ch. 118, § 1; P.L. 1988, ch. 84, § 57.
The department of elementary and secondary education shall prescribe regulations for the keeping of accounts and records and the making of reports by or under the supervision of school committees. These accounts and records shall be available for inspection and audit by authorized agents of the federal government or by the commissioner of elementary and secondary education or his or her duly authorized agents. The department of elementary and secondary education shall conduct or cause to be conducted any audits, inspections, and administrative reviews of accounts, records, and operations with respect to educational programs established under 20 U.S.C. § 2301 et seq. considered necessary to determine whether its agreements with school committees and regulations pursuant to this chapter are being complied with, and to insure that those programs are effectively administered.
History of Section. P.L. 1959, ch. 118, § 1; P.L. 1988, ch. 84, § 57.
The general assembly, shall annually appropriate any sum as may be necessary to carry out the purposes of this chapter.
History of Section. P.L. 1959, ch. 118, § 1.
The general assembly, having found that the welfare of the state and the educational interests of many of its young people will be served by college programs of two (2) years’ duration offered by institutions established for this specific purpose, declares its intention to provide those educational programs through the establishment and operation of two (2) year community colleges as a part of a unified system of higher education.
History of Section. P.L. 1960, ch. 47, § 1.
It shall be the purposes of the community colleges to provide educational programs of two (2) years’ duration as follows:
(1) Two (2) year college transfer programs;
(2) Two (2) year terminal general education programs;
(3) Two (2) year college technical and vocational programs; and
(4) Any other educational programs and services as are appropriate to these institutions.
History of Section. P.L. 1960, ch. 47, § 1.
The board of governors for higher education is authorized and empowered to establish an institution to be known as Pawtuxet Valley Community College, and the board is authorized to enroll students in the college.
History of Section. P.L. 1960, ch. 47, § 1.
The board of governors for higher education is authorized and empowered to establish an institution to be known as Mount Hope Community College, and the board is authorized to enroll students in the college.
History of Section. P.L. 1960, ch. 47, § 1.
The board of governors for higher education is hereby authorized and empowered to establish an institution to be known as Blackstone Valley Community College, and the board is authorized to enroll students in the college.
History of Section. P.L. 1960, ch. 47, § 1.
The board of governors for higher education shall be responsible for the control, management, and operation of community colleges in the same manner as it has been responsible for the control, management, and operation of the University of Rhode Island and of Rhode Island College.
History of Section. P.L. 1960, ch. 47, § 1.
The general assembly shall annually appropriate any sum as it may deem necessary for the maintenance and support of the community colleges. The state controller is authorized and directed to draw his or her orders upon the general treasurer for the payment of the sum, or so much of the sum as may be required from time to time, upon receipt by the controller of properly authenticated vouchers.
History of Section. P.L. 1960, ch. 47, § 1.
The board of regents for elementary and secondary education is authorized and empowered to establish and maintain regional schools for vocational and technological training and instruction with any equipment, apparatus, books, and supplies that shall be necessary for instruction and for proper maintenance of the schools, and for these purposes the department of elementary and secondary education shall appoint and remove necessary instructors, teachers, and other employees, determine their compensation, fix the standards and terms upon which students shall be received and instructed in and discharged from the schools, and make all rules and regulations necessary for the control, management, and operation of the schools.
History of Section. P.L. 1964, ch. 8, § 1.
(a) The overall mission of vocational education in Rhode Island is to develop programs and services from elementary level through secondary, postsecondary, and adult levels to prepare students for productive employment or additional education without prematurely limiting them to a particular occupational or educational choice.
(b) Vocational education is defined as a state approved educational program below the baccalaureate level taught by a properly certified teacher, designed to:
(1) Prepare individuals for gainful employment in recognized and/or emerging clusters of related occupations;
(2) Assist individuals in making informed occupational choices; and
(3) Upgrade individuals already in an occupational field.
(c) Pre-vocational education is defined as instruction which introduces students to a variety of employment opportunities and which facilitates the process of choosing a career appropriate to a student’s interest and aptitude.
(d) The following principles apply to the development and operation of all vocational programs, activities, and services:
(1)(i) Access. All youth and adults who choose vocational education shall have access to those programs.
(ii) A public awareness program shall provide information regarding state approved vocational programs to students and their parents in their native language.
(iii) A full range of programs and supplemental services shall be provided for those students whose previous achievements and preparation indicate that additional support is necessary for them to succeed in vocational education.
(iv) Admissions criteria and assessment procedures shall promote equal access, enrollment, and participation in vocational programs regardless of age, sex, race, limited English proficiency, disadvantagement, or disability.
(2) Purpose.
(i) The purpose of vocational education is preparation for direct placement into the world of work consistent with economic development needs and/or preparation for postsecondary education.
(ii) Vocational preparation aims at:
(A) The development of academic, technical, problem solving, critical thinking skills, and concepts related to a cluster of allied occupations as well as specific job entry requirements.
(B) Graduating students with an understanding of the total enterprise of an occupational field and the ability to adapt to technological change.
(iii) Vocational assessment, guidance, support services, bilingual resources, placement services, and transitional planning should be provided to all students appropriate to their individual needs.
(iv) Student understanding of community needs, conditions of employment, and skills or attributes are best gained in the work environment through cooperative education, and other work related programs of instruction.
(v) Vocational programs shall be organized for maximum articulation between educational levels.
(3)(i) Participation. There shall be broad representation and full participation in planning, developing, implementing, and evaluating vocational programs.
(ii) A comprehensive and coordinated system of vocational education can best be achieved by the collective action of many agencies of which the school is the major one.
(iii) Vocational programs should be developed with participation from students, parents, educators, workers and representatives of labor, community based organizations, business, and special populations.
History of Section. P.L. 1987, ch. 601, § 2; P.L. 1999, ch. 83, § 33; P.L. 1999, ch. 130, § 33.
The board of regents for elementary and secondary education may authorize the registration of students in the regional vocational schools, arrange the curriculum, and at the completion of a course or courses issue a certificate stating that the student has completed the course and achieved proficiency in the course.
History of Section. P.L. 1964, ch. 8, § 1.
The board of regents for elementary and secondary education shall begin an investigation and upon its findings shall from time to time review and evaluate the specific vocational needs of the entire state. It shall annually report the evaluation to the governor and the general assembly and make recommendations for future programming of courses and facilities for vocational and technological training.
History of Section. P.L. 1964, ch. 8, § 1.
The board of regents for elementary and secondary education shall immediately undertake the construction of a regional vocational school at a site to be selected by the board in an industrial area in the Blackstone Valley. The sum of two million dollars ($2,000,000) is appropriated, out of any money in the treasury not otherwise appropriated, for the purpose of acquiring a site and for the constructing and equipping the regional vocational school; and the state controller is authorized and directed to draw his or her orders upon the general treasurer for the payment of any sums or so much of the sum as may be required from time to time upon receipt by the controller of properly authenticated vouchers.
History of Section. P.L. 1964, ch. 8, § 1; P.L. 1991, ch. 250, § 1.
(a) Each city and town may contract with the William E. Davies, Jr. vocational-technical high school to establish and operate programs for special populations including students with disabilities and potential school dropouts.
(b) When these programs are operated by the William E. Davies, Jr. vocational-technical high school, 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. These assessments shall be deposited as general revenues.
History of Section. P.L. 1986, ch. 287, art. 11, § 1; P.L. 1995, ch. 370, art. 40, § 45; P.L. 1999, ch. 83, § 33; P.L. 1999, ch. 130, § 33.
All tuition and other revenues collected by the school shall be deposited as general revenue.
History of Section. P.L. 1988, ch. 129, art. 8, § 2; P.L. 1995, ch. 370, art. 40, § 45.
The board of regents for elementary and secondary education is designated as the agency of this state and shall have full and complete authority to cooperate with and enter into contracts and agreements with the federal government, its agency, or instrumentality in all matters relating to the furtherance of the establishment of vocational and technological schools and the advancement of vocational and technological training programs and to perform any acts that may be necessary and to make application for, receive, and expend in accordance with any requirements, terms, rules, regulations, and conditions as may be established any grants, grants-in-aid, or funds authorized or appropriated by Congress and made available for these purposes to the board of regents for elementary and secondary education by the federal government or any agency or instrumentality of the federal government. The proceeds of grants or funds received shall be paid to the general treasurer who shall place the funds in a special account which shall be utilized for the purposes of these grants; and the state controller is authorized and directed to draw his or her orders upon the general treasurer for the payment of any sums or so much of the sum as may be required upon receipt by the controller of properly authenticated vouchers. The board of regents for elementary and secondary education may authorize any state officer or employee to act as agent of the federal government, as may be provided in any federal legislation within the purview of this chapter.
History of Section. P.L. 1964, ch. 8, § 1.
(a) The powers delegated and authorized in this chapter 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.
(b) The governance, funding, and programming of the William M. Davies, Jr. vocational technical school and the Metropolitan Career and Technical School shall be in accordance with the rules and regulations formulated by the board of regents for elementary and secondary education pursuant to chapter 35 of title 42. Provided, however, the additional appropriation by the General Assembly in fiscal year 2005 for the William M. Davies, Jr. Vocational Technical School shall be used to fund sixty (60) additional placements. Forty (40) of those placements shall be made available to students from the City of Providence.
(c) The purpose of this chapter is to restructure the system of career and technical schools in Rhode Island for the benefit of the students, the economy, and the general welfare. The paramount aim is to enable the schools to make more significant contributions in providing the state’s students with the career preparation they need to compete and succeed in the world of today and of the future. To ensure student success, a system of model career and technical schools will be established and supported. These schools will provide: integrated academic and vocational curricula, up to date technology, programs to meet the varying needs of all students, and strong links to business, industry, postsecondary education, and the community.
(d)(1) There shall be a system of state operated career and technical schools serving geographic areas of the state. Students attending these regional schools will do so on a full time basis with the costs for their education at the regional school being shared by the state and the district of residence as described in § 16-7.2-5. State schools currently participating in the state retirement system that are not receiving reimbursement pursuant to § 16-16-22 shall have their state aid adjusted to reflect full reimbursement for expenses related to employer retirement contributions for those staff employed by the state.
(2) These schools shall be operated as local education agencies and each shall be governed by a board of trustees. With the exception of those powers and duties reserved by 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 school committees. The Davies school shall be the first school operated under the provisions of this chapter and shall be renamed the William M. Davies, Jr. career and technical high school. The Metropolitan Career and Technical School shall be the second school operated under the provisions of this chapter.
(e)(1) 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 shall determine the number, qualifications, and terms of office of members of the board of trustees. The board of trustees will be broadly representative of the local communities served by each school and the larger statewide workforce interests.
(2) The board of regents shall establish strategic directions for the career and technical education system that are consistent with the state’s economic development plans, workforce requirements, and educational priorities and learner outcomes established by the board of regents.
(3) The board of regents shall provide parameters for the overall budget requests, approve the budget, and participate in budget development as required in subsection (i).
(f)(1) The commissioner of elementary and secondary education shall recommend parameters for the overall budget requests, recommend a budget and participate in budget development as required in subsection (i).
(2) The commissioner shall approve the process for selection of a director of each regional school. The commissioner shall develop a plan for statewide implementation of the provisions of this chapter.
(g) The board of trustees shall meet monthly and serve without compensation. Nine (9) members of the board of trustees shall be required to attend teacher appeal hearings conducted pursuant to § 16-13-4. The board of trustees shall have broad policy making authority for the operation of the school consistent with subsection (e) and the following powers and duties:
(1) To identify the educational needs of the communities in the district.
(2) To develop educational policies to meet the needs of students in the communities served by the school district.
(3) To appoint a director of its regional school to serve as its chief executive officer and to approve assistant and associate directors from nominations made by the director.
(4) To provide policy guidance and participate in budget development as required in subsection (i).
(5) To develop staffing policies which ensure that all students are taught by educators of the highest possible quality.
(h)(1) The director will serve at the pleasure of the board of trustees with the initial appointment to be for a period of not more than three (3) years, provided, that the term and conditions of employment are subject to the approval of the board of regents for elementary and secondary education.
(2) It is the responsibility of the director to manage and operate the school on a day to day basis. The director’s duties shall include the following:
(i) To be responsible for the entire care, supervision, and management of the career and technical high school.
(ii) To recommend to the board of trustees educational policies to meet the needs of the district, and to implement policies established by the board of trustees.
(iii) To present nominations to the board of trustees for assistant and associate directors and to appoint all other school personnel.
(iv) To provide for the evaluation of all school district personnel.
(v) To establish a school based management approach for decision making for the operation of the school.
(vi) To prepare a budget and participate in budget development as required in subsection (i), and to authorize purchases consistent with the adopted school district budget.
(vii) To report to the board of trustees on a regular basis the financial condition and operation of the school, and to report annually on the educational progress of the school.
(viii) To establish appropriate advisory committees as needed to provide guidance on new directions and feedback on the operation of the school.
(i) With policy guidance from the board of trustees and extensive involvement of the administrators and faculty in the school, the director of each regional school shall annually prepare a budget. The board of trustees will approve the budget and transmit it to the commissioner. The board of regents for elementary and secondary education, upon recommendation of the commissioner of elementary and secondary education, shall provide parameters for the overall budget request. Based on review and recommendation by 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.
(j) Nothing in this section shall be deemed to limit or 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 William M. Davies school shall continue to be state employees and the bargaining units which are presently established at the school shall remain intact.
(k) Any tuition payments, which are made to the William M. Davies Career and Technical high school from the district of residence of its students, as authorized in R.I.G.L. § 16-7.2-5, shall be deposited into a restricted receipt account to be used for the same educational purposes that its state appropriation is used. Any such funds shall be exempt from the indirect cost recovery provisions of § 35-4-7.
History of Section. P.L. 1964, ch. 8, § 1; P.L. 1991, ch. 250, § 1; P.L. 1994, ch. 62, § 1; P.L. 2002, ch. 65, art. 18, § 2; P.L. 2004, ch. 595, art. 23, § 4; P.L. 2010, ch. 124, § 3; P.L. 2010, ch. 125, § 3; P.L. 2011, ch. 151, art. 10, § 6.
(a) The general assembly finds that career and technical education (“CTE”) programs that meet the CTE board of trustees’ industry developed standards prepare Rhode Island’s students to succeed in a wide variety of employment settings are a critical component of the state’s public education system and a necessary element of the state’s economic development. CTE programs that meet the CTE board of trustees’ standards are located in the regional career and technical education centers and comprehensive high schools and are helping students graduate high school with the skills to secure a job with a family-sustaining wage.
(b) The general assembly further finds that the proportion of students now enrolled in such programs is inadequate to meet the needs of Rhode Island’s growing economy. Rhode Island’s employers are best positioned to assist in establishing a high-quality system of secondary and postsecondary career and technical education. To assist in the development of a high-quality system of CTE, the CTE board of trustees shall review and annually provide recommendations to the board of education regarding issues impacting secondary and postsecondary career and technical education, including, but not limited to, program quality, industry alignment, the effective use of state and federal CTE funding, the allocation of CTE funding, and expenditures of CTE funding, program outcomes, work-based learning, transportation, and graduation requirements. The report and recommendations shall be provided to the board of education no later than October 15 of each year.
(c) [Deleted by P.L. 2021, ch. 278, § 1 and P.L. 2021, ch. 279, § 1.]
(d)(1) To sustain and advance the economic development of our communities, all students retain the right to enroll in a state approved career and technical education program approved by the CTE board of trustees in communities outside their community of residence. This right does not apply to locally developed CTE programs, locally approved CTE programs, pathway programs, or other programs that are not approved by the CTE board of trustees. Students shall have a right to request enrollment and to enroll in a CTE board of trustees’ approved program outside of their community of residence when a substantially similar or same (“substantially similar”) CTE board of trustees approved program is not offered within their community of residence.
(2) In determining whether two programs are substantially similar, the CTE board of trustees shall consider the following factors:
(i) Program type;
(ii) Information on the occupation that the student will be prepared for;
(iii) The credentials the student will earn;
(iv) The type of work-based learning that the student will be provided access to;
(v) The ability to access advanced course experiences; and
(vi) Such additional factors as the CTE board of trustees deem to be relevant, including postsecondary attainment, industry partnerships and advisory boards, and program quality.
(3) Effective January 15, 2022, and every year thereafter, the CTE board of trustees and the department of elementary and secondary education shall publish a detailed list of substantially similar CTE programs for the upcoming school year. The list will be used to support students and their families in accessing CTE board of trustees approved career and technical education programs. There will be a thirty-day (30) period for schools and districts to appeal the substantially similar designation to the board of education.
(4) Students enrolled in, accepted to, or attending a state CTE board-approved program (the “program of choice”) prior to January 1, 2022, which program is outside of their home district but is considered to be substantially similar to a program in their home district, shall be allowed to remain enrolled in that program of choice as set forth in subsection (j) of this section.
(e) Students may request access to state CTE board-approved career preparation programs outside their school district if their home district does not provide a substantially similar state-approved CTE program. If a discrepancy exists as to whether two (2) state-approved programs are substantially similar, the state CTE board shall use state CTE board program quality criteria set forth in subsection (d) of this section to determine if the two (2) state CTE board-approved programs are substantially similar programs. The decision of the CTE board shall be final.
(f)(1) A student’s request to enroll in an out of district state CTE board-approved career and technical program shall not be denied, provided that:
(i) A substantially similar program is not available in the student’s home district;
(ii) The student meets any other criteria required of all students for admission to the out of district program and the center; and
(iii) When there is more than one recognized CTE program in a transportation region, the student is applying to the center that is geographically the closest program to the student’s residence.
(g)(1) Students requesting access to state CTE board-approved career preparation programs outside their established school transportation region may enroll in such programs that are not substantially similar to a program in their home district. In such event, with respect to transportation costs, the resident’s local education agency shall only be responsible for paying the resident district’s average per pupil expenditure for student transportation for all students in the district. The receiving district shall pay any remaining balance due for transportation costs associated with the particular student.
(2) The sending district shall pay the average of the per-pupil expenditure of the receiving district and sending district when paying out-of-district tuitions for students in CTE programs.
(3) When two or more substantially similar programs are available within a student’s transportation district, that student may enroll in the program that is not geographically closest only if the receiving district agrees to pay all the transportation costs to and from the receiving district.
(h) All eligible CTE programs shall align to CTE board of trustees’ program standards. Programs that do not meet this standard shall not be eligible to enroll out-of-district students and receive state or federal CTE funding.
(i) All state CTE board-approved programs shall align to industry standards or be associated with a nationally recognized CTE board-approved program.
(j) Students enrolled in, accepted to, or attending a state CTE board-approved program of choice outside of the students’ home district as of January 1, 2022, shall be exempt from the substantially similar provisions of this section and may continue to matriculate in grades nine (9) through twelve (12) in their program of choice so that students and parents who made educational decisions prior to January 1, 2022, shall retain the rights that were in place when they made those decisions. If a substantially similar state-approved program is established in a student’s home district after the student has enrolled in a program of choice, the student may continue to matriculate in grades nine (9) through twelve (12) in the student’s program of choice provided the student remains enrolled in the program. The sending district may request, and shall be provided by the district with the chosen CTE program, information on the students’ progress in programs, including attendance and grades. The provisions of this subsection shall also apply and extend to other siblings in the family who apply to attend the same program of choice.
(k) Career and technical funds allocated under § 16-7.2-6 shall be used solely for the purpose of funding improvements to state CTE board-approved career and technical education programs and facilities or for funding related to the establishment of new career and technical programs in our state.
( l ) The limitations related to enrollment in CTE programs contained within this chapter shall not apply to the Metropolitan Regional Career and Technical Center or the William M. Davies, Jr. Career and Technical High School. All eligible students, from any and all Rhode Island cities and towns, have the right to pursue enrollment and enroll in, subject to applicable enrollment procedures, the Metropolitan Regional Career and Technical Center or the William M. Davies, Jr. Career and Technical High School’s programs.
(m) Provided, effective July 1, 2025, any data collection and reporting for individual students, that is required as part of the basic education program regulations data collection including, but not limited to, data required pursuant to the provisions of chapters 7 and 7.2 of this title, shall be the responsibility of the school district, wherein the student is attending and enrolled in a career and technical education program, sometimes colloquially referred to as the “receiving district,” and not the responsibility of what is sometimes known as the student’s “sending district.”
History of Section. P.L. 2005, ch. 117, art. 13, § 11; P.L. 2013, ch. 501, § 57; P.L. 2021, ch. 278, § 1, effective July 9, 2021; P.L. 2021, ch. 279, § 1, effective July 9, 2021; P.L. 2025, ch. 206, § 1, effective June 26, 2025; P.L. 2025, ch. 207, § 1, effective June 26, 2025.
The Metropolitan Career and Technical Center, in Newport, Rhode Island, shall hereafter be named and known as the “Paul W. Crowley Metropolitan Career and Technical Center.”
History of Section. P.L. 2008, ch. 148, § 1; P.L. 2008, ch. 188, § 1.
(a) The general assembly shall appropriate any sum as it may deem necessary for the purpose of reducing local district area vocational technical school tuition. All districts which send students to state operated schools which are funded through the operations aid formula shall not be entitled to receive funds under this section for students attending those schools.
(b) Each year one hundred percent (100%) of the approved regional vocational school expenditures for the reference year is appropriated. The commissioner of elementary and secondary education shall be responsible for approving regional vocational technical school budgets and eligible programs and shall promulgate rules and regulations for the approval of budget expenditures and operation of the schools. All funds provided by this section will be ineligible for reimbursement under the provisions of chapter 7 of this title.
History of Section. P.L. 1964, ch. 8, § 1; P.L. 1987, ch. 601, § 3; P.L. 1988, ch. 336, § 11; P.L. 1989, ch. 126, art. 30, §§ 1, 2; P.L. 1990, ch. 65, art. 32, § 1; P.L. 1990, ch. 487, § 2; P.L. 2001, ch. 86, § 48.
Any resident of the state being qualified shall, until a vocational school is in operation in the region in which he or she resides, be eligible to register at, receive instruction from, and be issued a certificate by the regional vocational school serving the inhabitants of the greater Providence area.
History of Section. P.L. 1964, ch. 8, § 1.
Upon the establishment of full funding of § 16-45-7, the regulations promulgated by the board of regents for elementary and secondary education for the administration and operation of career and technical schools shall go into effect.
History of Section. P.L. 1992, ch. 133, art. 12, § 1.
If a sending school district fails to pay the requisite tuition to a school district hosting a vocational school, the commissioner of education may, based upon an affidavit filed by the host community, deduct the requisite sums from the state aid of the sending district and pay these sums over to the host district. The sending district may request a hearing if the debt is disputed, but the deductions and payments shall continue to be made during the pendency of the hearing and any appeal.
History of Section. P.L. 1998, ch. 46, § 1.
(a) Commission established. There is hereby established a special joint legislative study commission on career and technical education commission. Said career and technical education study commission shall consist of twelve (12) members: six (6) members shall be appointed by the speaker of the house of representatives from among the members of the house of representatives, not more than five (5) of whom shall be from the same political party; six (6) members shall be appointed by the president of the senate from among the members of the senate, not more than five (5) of whom shall be from the same political party.
(b) Purpose. The purpose of the career and technical education study commission shall be to make a comprehensive examination of the issues relating to the governance, financing, and operation of the system of career and technical education in Rhode Island in order to guide the implementation of the recommendations contained in the Restructuring Career and Technical Education in Rhode Island report as prepared and presented by the career and technical education task force (March 2000). The focus of the career and technical education study commission shall include, but not be limited to, the following: to promote Rhode Island’s education and economic development by providing guidance for the development of a statewide system for career and technical education, utilizing effective and proven career and technical education delivery models; implementing an effective system of governance, including protection for the student rights of those students interested in engaging in career and technical education; financing and maintaining state of the art equipment, facilities, and programming, including ensuring student access to the same across the district and geographic boundaries; and strengthening career and technical education programming designed to meet the labor needs of Rhode Island business and industry, as well as to support and advance Rhode Island’s economy.
History of Section. P.L. 2004, ch. 595, art. 23, § 6.
The general assembly finds and declares as follows:
(1) The Rhode Island economy will benefit from a highly skilled workforce;
(2) Career and technical education must be informed by the needs of local businesses industries and employers, in creating, growing, and locating employment opportunities for job seekers with the requisite knowledge, skills, and abilities desired by employers;
(3) Career and technical education should provide an integrated career pathway system to respond to the needs of businesses, small and large, as well as innovative and emerging industries; and
(4) Based upon the current and future demands for a highly skilled workforce, career and technical education should provide a foundation for students to succeed in career and/or higher education opportunities.
(5) There is a need to establish a coordinated and comprehensive system of career and technical education for students within the state with a focus on coordination, efficiencies, quality of program offerings, and outcomes throughout the state.
(6) There is a need to establish a robust, student-based system of career and technical education that provides a blend of rigorous academics and the skills, training, and credentials necessary for workplace success. Therefore, effective January 30, 2015, there is hereby established a Rhode Island career and technical board of trustees to be known as the Rhode Island board of trustees on career and technical education. Effective January 15, 2015, there is hereby created a not-for-profit organization known as the CTE trust.
History of Section. P.L. 2011, ch. 188, § 1; P.L. 2011, ch. 225, § 1; P.L. 2014, ch. 410, § 1.
(a) The board of education shall establish and maintain a system of career and technical education that maintains ongoing connections with higher education and meets the needs of local business and industry, and promotes workforce development.
(b) The board of education shall also create, subject to §§ 16-45.1-1 and 16-45.1-2(a), a career and technical board of trustees that shall be responsible for ensuring a comprehensive and coordinated career and technical system with the state of Rhode Island.
History of Section. P.L. 2011, ch. 188, § 1; P.L. 2011, ch. 225, § 1; P.L. 2014, ch. 410, § 1.
Beginning on January 1, 2012, the department of elementary and secondary education shall provide the senate president and speaker of the house an annual report consisting of the following:
(1) The total number of students attending career and technical schools/programs, where determinable;
(2) The total number of those students in subsection (1) who have received diplomas;
(3) The total number of those students in subsection (1) who have received industry recognized certificates, if the information is available;
(4) The total number of students who transfer to another school and/or continue their secondary education;
(5) The total number of students who obtain employment before or immediately after graduation;
(6) The total number of students who attend post-secondary institutions;
(7) The retention rate within each program from year to year;
(8) Progress on developing a plan to study the number of students who find employment in the field studied at three (3) and five (5) years intervals post-graduation;
(9) The cost per pupil per program per year; and
(10) The number of special education students per program.
History of Section. P.L. 2011, ch. 188, § 1; P.L. 2011, ch. 225, § 1.
[Repealed]
History of Section. G.L. 1956, §§ 16-46-1 — 16-46-10; P.L. 1967, ch. 224, § 1; P.L. 1974, ch. 91, §§ 1-4; P.L. 1980, ch. 226, §§ 6, 7; Repealed by P.L. 1980, ch. 395, § 1. For present law, see § 42-75-1 et seq.
[Repealed]
History of Section. P.L. 1966, ch. 134, § 1; Repealed by P.L. 1967, ch. 224, § 2.
[Repealed]
History of Section. P.L. 1966, ch. 14, § 1; Repealed by P.L. 2007, ch. 73, art. 21, § 5, effective July 1, 2006.
This chapter shall pertain to any program of educational services to children between the ages of three (3) and five (5) years of age that is offered by any public school that has been approved pursuant to §§ 16-1-5 and 16-60-6 and any regulations promulgated thereunder.
History of Section. P.L. 1968, ch. 284, § 1; P.L. 1990, ch. 482, § 1; P.L. 2023, ch. 350, § 1, effective June 26, 2023; P.L. 2023, ch. 351, § 1, effective June 26, 2023; P.L. 2024, ch. 372, § 1, effective June 26, 2024; P.L. 2024, ch. 373, § 1, effective June 26, 2024.
(a) Commencing June 1, 2025, any person, unincorporated society, association, or corporation desiring to operate a program defined in this chapter shall receive and maintain a rating through Rhode Island’s quality rating and improvement system, which rating shall remain in effect unless revoked for cause by the commissioner of elementary and secondary education.
(b) [Deleted by P.L. 2023, ch. 350, § 1 and P.L. 2023, ch. 351, § 1.]
History of Section. P.L. 1968, ch. 284, § 1; P.L. 1985, ch. 334, § 4; P.L. 2023, ch. 350, § 1, effective June 26, 2023; P.L. 2023, ch. 351, § 1, effective June 26, 2023.
The commissioner of elementary and secondary education shall make all necessary rules and regulations as the commissioner shall deem necessary or expedient, in conformity with the provisions of this chapter and not contrary to law, for the necessary accreditation of the schools and programs, and the commissioner shall do all things and perform all acts necessary to enforce the provisions of this chapter.
History of Section. P.L. 1968, ch. 284, § 1.
[Repealed]
History of Section. P.L. 1968, ch. 284, § 1; repealed by P.L. 2023, ch. 350, § 2, effective June 26, 2023; repealed by P.L. 2023, ch. 351, § 2, effective June 26, 2023.
[Repealed]
History of Section. P.L. 1968, ch. 284, § 1; repealed by P.L. 2023, ch. 350, § 2, effective June 26, 2023; repealed by P.L. 2023, ch. 351, § 2, effective June 26, 2023.
[Repealed]
History of Section. P.L. 1968, ch. 284, § 1; repealed by P.L. 2023, ch. 350, § 2, effective June 26, 2023; repealed by P.L. 2023, ch. 351, § 2, effective June 26, 2023.
[Repealed]
History of Section. P.L. 1984, ch. 172, § 1; repealed by P.L. 2023, ch. 350, § 2, effective June 26, 2023; repealed by P.L. 2023, ch. 351, § 2, effective June 26, 2023.
[Repealed]
History of Section. P.L. 1986, ch. 66, § 4; repealed by P.L. 2023, ch. 350, § 2, effective June 26, 2023; repealed by P.L. 2023, ch. 351, § 2, effective June 26, 2023.
[Repealed]
History of Section. P.L. 2012, ch. 241, art. 14, § 2; repealed by P.L. 2023, ch. 350, § 2, effective June 26, 2023; repealed by P.L. 2023, ch. 351, § 2, effective June 26, 2023.
(a) “Commissioner” means the commissioner of elementary and secondary education or the designee of the commissioner.
(b) “Person” when used to describe the owner or operator of a facility which must be licensed or registered with the commissioner includes individuals, associations, and corporations.
History of Section. P.L. 1985, ch. 334, § 3.
Notwithstanding any other provisions of law to the contrary, any person seeking to operate or seeking employment in any facility covered under § 16-48-1, if the employment involves supervisory or disciplinary power over a child or children or involves frequent and routine contact with a child or children without the presence of other employees, shall undergo an employment background check and criminal records check as provided for in this chapter. The commissioner may by rule identify those positions requiring background checks and criminal record checks.
History of Section. P.L. 1985, ch. 334, § 3.
Any person seeking to operate a facility covered under § 16-48-1 will submit an affidavit to the commissioner providing information relating to individual employment history as shall be required by rule promulgated by the commissioner. Any person operating a facility covered under § 16-48-1 shall require all persons seeking employment, if the employment involves supervisory or disciplinary power over a child or children or involves routine contact with a child or children without the presence of other employees, to execute a similar affidavit prior to employment and will maintain the affidavit on file subject to inspection by the commissioner. Failure to require the affidavit or failure to maintain the affidavit on file will be prima facie grounds to revoke the authority of the facility to operate.
History of Section. P.L. 1985, ch. 334, § 3.
Any person seeking to operate a facility covered under § 16-48-1 shall apply to the Rhode Island bureau of criminal identification for a nationwide criminal records check. The check will conform to the applicable federal standards including the taking of fingerprints to identify the applicant and any expense associated with providing the criminal record check shall be paid by the applicant and/or requesting agency. The commissioner will determine by rule those items of information appearing on a criminal records check which constitute disqualifying information because the information would indicate that the operation or, in the case of an employee, the employment could endanger the health or welfare of a child or children. Upon the discovery of any disqualifying information with respect to a proposed operator, the bureau of criminal identification will inform the commissioner in writing of the nature of the disqualifying information.
History of Section. P.L. 1985, ch. 334, § 3; P.L. 1988, ch. 247, § 2; P.L. 2011, ch. 220, § 1; P.L. 2011, ch. 240, § 1.
Any person seeking employment, if the employment involves supervisory or disciplinary power over a child or children or involves routine contact with a child or children without the presence of other employees, in any facility covered under § 16-48-1 shall, after acceptance by the employer of the affidavit required by § 16-48.1-3, apply to the Rhode Island bureau of criminal identification for a nationwide criminal records check. The check will conform to applicable federal standards including the taking of fingerprints to identify the applicant and any expenses associated with providing the criminal records check shall be paid by the applicant and/or requesting agency. Upon the discovery of any disqualifying information as defined in accordance with the rule promulgated by the commissioner, the Rhode Island bureau of criminal identification will inform the applicant, in writing, of the nature of the disqualifying information. In addition, the Rhode Island bureau of criminal identification will inform the employer, in writing, without disclosing the nature of the disqualifying information, that an item of disqualifying information has been discovered. In those situations in which no disqualifying information has been found, the Rhode Island bureau of criminal identification will inform both the applicant and the employer, in writing, of this fact. The employer will maintain on file, subject to inspection by the commissioner, evidence that the criminal records checks have been initiated on all employees seeking employment after August 1, 1985, and the results of the checks. Failure to maintain that evidence on file will be prima facie grounds to revoke the license or registration of the operator of the facility. It will be the responsibility of the Rhode Island bureau of criminal identification to conduct the nationwide criminal records check pursuant to this section. The nationwide criminal records check will be provided to the applicant for employment without charge to the applicant and without charge to the prospective employer if the employer is a tax exempt corporation or an unincorporated nonprofit organization qualified under § 501(c) of the United States Internal Revenue Code, 26 U.S.C. § 501(c).
History of Section. P.L. 1985, ch. 334, § 3; P.L. 1988, ch. 247, § 2; P.L. 1991, ch. 199, § 1; P.L. 2011, ch. 220, § 1; P.L. 2011, ch. 240, § 1.
If an applicant for employment has undergone a nationwide criminal records check pursuant to § 16-48.1-4 within eighteen (18) months of an application for employment, then an employer may request from the bureau of criminal identification of the state police or the local police department a letter indicating if any disqualifying information was discovered. The bureau of criminal identification will respond by stating if an item of disqualifying information was discovered without disclosing the nature of the disqualifying information. The letter may be maintained on file to satisfy the requirements of § 16-48.1-4.
History of Section. P.L. 1985, ch. 334, § 3; P.L. 1988, ch. 247, § 2.
The commissioner is authorized to promulgate rules and regulations to carry out the intent of this chapter.
History of Section. P.L. 1985, ch. 334, § 3.
At the conclusion of any background check required by this chapter, the state police or the local police department will promptly destroy the fingerprint card of the applicant.
History of Section. P.L. 1986, ch. 66, § 3; P.L. 1988, ch. 247, § 2.
History of Section. P.L. 1987, ch. 145, § 1; Repealed by P.L. 1996, ch. 404, § 19, effective August 9, 1996.
[Repealed]
History of Section. G.L. 1956, §§ 16-49-1, 16-49-3 — 16-49-9, 16-49-13 — 16-49-20; P.L. 1969, ch. 231, §§ 3, 12, 13, 15; P.L. 1970, ch. 298, § 1; P.L. 1971, ch. 13, § 1; P.L. 1956, §§ 16-49-2 — 16-49-17; P.L. 1973, ch. 249, § 1; P.L. 1974, ch. 223, § 1; P.L. 1975, ch. 253, § 1; P.L. 1976, ch. 130, §§ 7, 8; P.L. 1976, ch. 198, art. 1, § 13; P.L. 1977, ch. 118, § 1; P.L. 1977, ch. 262, § 1; P.L. 1978, ch. 205, art. 5, § 1; P.L. 1978, ch. 372, § 1; P.L. 1979, ch. 174, art. 9, § 1; P.L. 1979, ch. 390, § 1; P.L. 1980, ch. 146, § 1; Repealed by P.L. 1981, ch. 32, § 14. For the effective date of the repeal, see § 14 of P.L. 1981, ch. 32, which provides in part: “effective with the filing of certified copies of the order or orders of reorganization by the board of governors for higher education and the board of regents for elementary and secondary education in the office of the secretary of state, ch. 16-49 entitled ‘board of regents for education’ excepting only such provisions as are herein expressly provided shall stand repealed.” For present provisions of law, see §§ 16-59-1 et seq., 16-60-1 et seq., and 16-61-1 et seq.
[Transferred]
It is recognized and declared that the publicizing, selling, and administering of courses of instruction by correspondence schools or home study courses, whether given in residence or by mail, proceed in accordance with acceptable practices and with consequent and important benefits to students pursuing these courses. It also is recognized that the benefits received from this instruction should be enhanced and the protection of those persons and institutions offering it should be established. It is the purpose of this chapter to supplement the general law of fraud so as to provide adequate protection for students, educational institutions, and the general public.
History of Section. P.L. 1969, ch. 140, § 1.
As used in this chapter:
(1) “Correspondence school” means a school that teaches resident and nonresident students by mailing them lessons and exercises toward the achievement of some educational aim which upon completion are returned to the school for grading.
(2) “Course” means any unit, plan, or program of instruction whether conducted in person, by mail, or by any other method by correspondence schools or home study courses.
(3) “Home study course” means a course of instruction administered by mail and carried on in the student’s home.
History of Section. P.L. 1969, ch. 140, § 1.
This chapter shall not apply to any course:
(1) Recognized by the state department of elementary and secondary education for purposes of complying in whole or in part with the provisions of § 16-19-1 and § 16-19-2;
(2) Offered by an educational institution accredited by the applicable national or regional accrediting agency recognized by the department of elementary and secondary education; or
(3) Offered by an employer solely to his or her employees at no charge and as part of an in service training program.
History of Section. P.L. 1969, ch. 140, § 1.
No person shall:
(1) Make or cause to be made any statement or representation, oral, written, or visual, in connection with the offering or publicizing of a course, if the person knows or reasonably should have known the statement or representation to be false, deceptive, substantially inaccurate, or misleading.
(2) Promise or guarantee employment utilizing information, training, or skill purported to be provided or enhanced by a course, unless the promisor or guarantor offers the student or prospective student a bona fide contract of employment agreeing to employ the student or prospective student for a period of not less than ninety (90) days in a business or other enterprise regularly conducted by him or her and in which the information, training, or skill is a normal condition of employment.
(3) Do any act constituting part of the conduct or administration of a course, or the obtaining of students for the course, if the person knows or reasonably should know that any phase or incident of the conduct or administration of the course is being carried on by the use of fraud, deception, or other misrepresentation, or by any person soliciting students without a permit.
History of Section. P.L. 1969, ch. 140, § 1.
(a) No person representing any school or other individual or organization offering courses in this state, or from a place of business in this state, shall sell any course or solicit students for a course in this state for a consideration or remuneration unless he or she first secures a permit from the department of elementary and secondary education. If the agent represents more than one school, a separate permit shall be obtained for each school represented by the agent. Upon approval for a permit the department of elementary and secondary education shall issue a pocket card to the person whose name appears on it, giving that person’s name and address, the name and address of his or her employing school, and certifying that the person whose name appears on the card is an authorized agent of the school. The application for a permit shall be made on forms to be furnished by the department of elementary and secondary education and shall be accompanied by a fee of twenty-five dollars ($25.00) and a surety bond acceptable to the department of elementary and secondary education in the penal sum of one thousand dollars ($1,000). The bond may be continuous and shall be conditioned to provide indemnification to any student suffering loss as a result of any fraud or misrepresentation used in procuring his or her enrollment, and may be supplied by the agent of a privately owned school and by the school itself as a blanket bond covering each of its agents and the school in the amount of one thousand dollars ($1,000). A permit shall be valid for one year from the date on which it was issued. The liability of the surety on the bond for each representative covered by it shall in no event exceed the sum of one thousand dollars ($1,000) as an aggregate for any and all students for all breaches of the conditions of the bond by the representatives. The surety of any bond may cancel the bond upon giving thirty (30) days’ notice in writing to the department of elementary and secondary education and after this shall be relieved of liability for any breach of condition occurring after the effective date of the cancellation. An application for renewal shall be accompanied by a fee of twenty-five dollars ($25.00) and a surety bond, as provided in this subsection, if a continuous bond has not been furnished. All fees collected for the issuance or renewal of the permits shall be deposited in the state treasury to the credit of the general fund.
(b) No person representing a school or other organization offering courses, which school or other organization is located outside this state, shall sell any course or solicit students for the course in this state for a consideration or remuneration unless that person first secures a permit from the department of elementary and secondary education in the manner and on the terms provided in subsection (a) of this section.
(c) Any permit applied for pursuant to subsection (a) or (b) of this section shall be granted or denied within thirty (30) days of the receipt of the application for it by the department of elementary and secondary education. If the department of elementary and secondary education has not completed its determination with respect to the issuance of a permit pursuant to this section within this period, it shall issue a temporary permit to the applicant, which permit shall be sufficient to meet the requirements of this chapter until any time as the determination is made.
(d) Any permit issued may, upon ten (10) days’ notice and after a hearing, be revoked by the department of elementary and secondary education if the holder of the permit solicits or enrolls students through fraud, deception, or misrepresentation.
(e) The fact that a bond is in force pursuant to subsection (a) or (b) of this section shall not limit or impair any right of recovery available pursuant to law, nor shall the amount of damages or other relief to which any plaintiff may be entitled.
(f) No recovery shall be had on any contract for or in connection with a course by any person selling or administering the course if the representative of the person was not the holder of a permit as required by this section and the representative did not display the permit at the time that the representative negotiated the contract for or sold the course.
(g) The issuance of a permit pursuant to this section shall not be deemed to constitute approval of any course or the person or institution offering, conducting, or administering the course. Any representation contrary to this subsection or tending to imply that a permit issued pursuant to this section constitutes approval shall be misrepresentation within the meaning of this chapter.
History of Section. P.L. 1969, ch. 140, § 1; P.L. 1978, ch. 344, § 1.
The commissioner of elementary and secondary education shall adopt rules and regulations for the administration and enforcement of § 16-50-5 and may establish an advisory committee of owners or operators of institutions to which this chapter applies and of other persons with knowledge in the fields to which this chapter applies, to advise it in its administration.
History of Section. P.L. 1969, ch. 140, § 1; P.L. 1978, ch. 344, § 1.
The attorney general or any local prosecuting officer, at the request of the commissioner of elementary and secondary education or on his or her own motion, shall bring any appropriate action or proceeding in any court of competent jurisdiction for the enforcement of this chapter.
History of Section. P.L. 1969, ch. 140, § 1; P.L. 1978, ch. 344, § 1.
Any action of the commissioner of elementary and secondary education respecting the issuance, denial, or revocation of a permit pursuant to § 16-50-5 shall be subject to judicial review in accordance with the Administrative Procedures Act, chapter 35 of title 42.
History of Section. P.L. 1969, ch. 140, § 1; P.L. 1978, ch. 344, § 1.
Any act or omission in violation of this chapter shall be a misdemeanor and the violator shall be liable to a fine of not to exceed five hundred dollars ($500), a term of imprisonment not to exceed ninety (90) days, or both the fine and imprisonment.
History of Section. P.L. 1969, ch. 140, § 1.
Any school or agent for a school, its or their assignees subject to this chapter, not the holder of a permit issued pursuant to this chapter, shall not be permitted to bring suit in any court of this state to recover on any matter arising out of the conduct of its business or activities in Rhode Island, and compliance with the provisions of this chapter shall be a condition precedent to carrying on business in this state and to enforcing in any court of this state any contract or assignment of it made pursuant to this chapter.
History of Section. P.L. 1969, ch. 140, § 1.
[Repealed]
History of Section. G.L. 1956; P.L. 1969, ch. 246, § 1; Repealed by P.L. 1980, ch. 395, § 1.
The board of governors for higher education shall make rules and regulations for the control and use of all public properties and highways under its care, and for violations of those rules and regulations; penalties, not exceeding one hundred dollars ($100) and costs for any one offense, shall be imposed by any district court or police court in the city or town where the violation occurs; and in general, the board may do all acts needed for the proper execution of the powers and duties granted to and imposed upon the board by the terms of this chapter.
History of Section. P.L. 1972, ch. 280, § 1; P.L. 1980, ch. 193, § 1.
(a) The board of governors for higher education may appoint one or more persons who may act as police officers upon the property and highways of state colleges and universities subject to the control of the board. The campus police officers shall protect the property of each college or university, suppress nuisances and disturbances and breaches of the peace, and enforce laws and regulations for the preservation of good order. They shall have the same powers and authority as that conferred upon municipal police officers, including the power to arrest persons for violations of state criminal statutes or for violations of city or town ordinances of the city or town in which the institution is located. They shall not carry firearms unless expressly authorized by the board of governors. Additionally, any campus police officer observing the violation of any rule or regulation of the board adopted pursuant to this chapter, including but not limited to parking and traffic regulations, may issue a summons in the manner and form set forth in § 31-27-12 or § 31-41.1-1 returnable to the district court, the police court of the city or town where the violation occurs, or the traffic tribunal as provided by law.
(b) Notwithstanding any other provision of law, all fines and penalties recovered for violation of rules and regulations made under authority of this section shall be accounted for by the appropriate authority, which shall forward all fines or penalties for nonmoving traffic violations to the general treasurer for use by the college or university on whose campus the citation or violation was issued in accordance with § 16-32-27.
History of Section. P.L. 1972, ch. 280, § 1; P.L. 1980, ch. 193, § 1; P.L. 1984, ch. 262, § 1; P.L. 1985, ch. 84, § 1.
(a) All campus police at state colleges and universities and all private security personnel employed by public or private colleges and universities shall, as a condition of their employment, apply to the bureau of criminal identification of the state police for a nationwide criminal records check.
(b) The nationwide criminal records check required by this section shall conform to applicable federal standards including the taking of fingerprints to identify the applicant. The results of the nationwide criminal records check required by this section shall be provided, in writing, to the applicant and, upon the request of the applicant, to any state or private college or university to which the applicant may apply for employment.
(c) Any private or state college or university which receives the results of a nationwide criminal records check pursuant to subsection (b) of this section shall maintain those records on file for so long as the applicant is employed by the college or university as a campus police officer or as a security person.
(d) It shall be the responsibility of the bureau of criminal identification of the state police to conduct the nationwide criminal records check required by this section. The applicant for a nationwide criminal records check under this section shall pay to the state police a fee of twenty dollars ($20.00) at the time of his or her application; provided that, upon his or her employment as a campus police officer or as a security person by a private or state college or university the amount shall be reimbursed to the applicant by the college or university.
(e) This section shall not apply to any person employed by a private or public college or university as a campus police officer or a security person on July 7, 1989.
History of Section. P.L. 1989, ch. 276, § 1.
(a) Effective January 30, 2015, there is hereby established a Rhode Island board of trustees on career and technical education hereinafter referred to as the “board of trustees.”
(b) Effective January 30, 2015, all powers, rights, obligations, and duties of the Rhode Island state advisory council on vocational education shall be transferred to the Rhode Island board of trustees on career and technical education.
History of Section. P.L. 1972, ch. 284, § 1; P.L. 1977, ch. 189, § 1; P.L. 2014, ch. 410, § 2.
(a) The board of trustees shall be composed of fifteen (15) members appointed by the governor in staggered terms; all the members shall serve until their successors are appointed and qualified, except as otherwise provided for in subsection (b) of this section. In the month of March, the governor shall appoint members to succeed the members whose term will then next expire for a term of three (3) years commencing on the first day of July then next following and until the successor is named and qualified. A member shall be eligible to succeed himself or herself. A vacancy other than by expiration shall be filled in the same manner as an original appointment but only for the unexpired portion of the term.
(b) The fifteen (15) members of the board of trustees shall be limited to nine (9) consecutive years of service and shall consist of:
(1) Nine (9) individuals who are representative of the private employment sector in the following manner:
(i) Five (5) of whom shall be representative of business, industry, and agriculture including:
(A) Two (2) members who are representatives of general business concerns;
(B) One member who is a representative of small business concerns;
(C) One member who is a private sector member of the governor’s workforce board, or the Rhode Island workforce investment board, or state job training coordinating council (established pursuant to section 122 of the Job Training Partnership Act, 29 U.S.C. § 1532); and
(D) One member who is a representative of the CTE trust established pursuant to this chapter;
(ii) Two (2) members who are representatives of labor organizations, one of whom must be a career and technical teacher; and
(iii) Two (2) members from trade associations representing employers in the state.
(2) Five (5) individuals who are representative of secondary and postsecondary educational institutions including:
(i) One member who is a representative of the Rhode Island association of school superintendents;
(ii) One member who is a representative or the director of career and technical education programs and/or facilities;
(iii) The commissioner of elementary and secondary education, or his/her designee:
(iv) The commissioner of higher education, or his/her designee: and
(v) One member who is a representative of adult education and skills training.
(3) The secretary of commerce or his/her designee shall be the fifteenth (15th) member ex officio.
(c) In selecting individuals to serve on the state board, due consideration shall be given to the appointment of individuals who serve on a private industry council under the Job Training Partnership Act (established pursuant to 29 U.S.C. § 1512), or on councils established under other related federal acts.
(d) Members of the board of trustees may not represent more than one of the above-specified categories, and there shall be appropriate representation of both sexes, racial, and ethnic minorities, and the various geographic regions of the state.
(e) The state shall certify the establishment and membership of the state board of trustees at least ninety (90) days prior to the beginning of each planning period described in § 113(a)(1) of United States Public Law 98-524, 20 U.S.C. § 2323(a)(1).
History of Section. P.L. 1972, ch. 284, § 1; P.L. 1977, ch. 189, § 1; P.L. 1986, ch. 244, § 1; P.L. 1988, ch. 84, § 58; P.L. 1999, ch. 83, § 34; P.L. 1999, ch. 130, § 34; P.L. 2001, ch. 86, § 49; P.L. 2014, ch. 410, § 2.
(a) The board of trustees shall:
(1) Advise the commissioner of elementary and secondary education and the board of education on the development of a biannual state plan for career and technical education;
(2) Advise the commissioner of elementary and secondary education so that he/she may make reports to the governor, the business community, and general public of the state, concerning:
(i) Policies the state should pursue to strengthen career and technical education;
(ii) Initiatives and methods the private sector could undertake to assist in the modernization of career and technical education programs;
(iii) The distribution of spending for career and technical education in the state and on the availability of career and technical education activities and services within the state; and
(iv) The integration and coordination of the various policies and procedures involving career and technical education.
(3) Furnish consultation to the commissioner of elementary and secondary education and the board of education on the evaluation criteria and processes for career and technical education programs within the state as they pertain to:
(i) The establishment, continuation, and discontinuation of career preparation programs;
(ii) Incentives that promote and reward program excellence on the basis of performance;
(iii) Incentives that emphasize the needs of business and labor organizations;
(iv) Instructor preparation and qualifications in the areas of industry credentialing, development opportunities, and relevant field-based experiences;
(v) The integration of academic and technical instruction and skill attainment in career preparation programs; and
(vi) The management and distribution of state funding allocated for the express purpose of establishing or improving career preparation program model sites.
(4) Provide advice and consent on the policy principles and goals that govern the distribution of financial assistance furnished under this chapter, particularly with the analysis of the distribution of financial assistance between secondary career and technical education programs and postsecondary career and technical education programs;
(5) Report annually to the board of education on topics that include:
(i) Recommended procedures to ensure and enhance the participation of the public in the provision of career and technical education at the local level within the state, particularly the participation of local employers and local labor organizations; and
(ii) The extent to which the individuals described in former § 201(b) of United States Public Law 98-524, 20 U.S.C. § 2331(b), are provided with equal access to quality career and technical education programs;
(6) Furnish consultation to the commissioner of elementary and secondary education to evaluate, at least once every two (2) years, the career and technical education program delivery systems assisted under this chapter, and make recommendations to stakeholders on the adequacy and effectiveness of the coordination between career and technical education and the workforce demands of the Rhode Island economy and postsecondary workforce development;
(7) Comply with all federal statutes, requirements, regulations, and guidelines, and in particular, United States Public Law 98-524 and any amendments to it;
(8) Establish, support, and expand private-sector participation programs that enhance career and technical education at the local level within the state, particularly the participation of local employers and local labor organizations in providing funding, equipment, training, apprenticeships, work-study programs, and other services that will enhance student experiences.
(9) Subject to the approval of the board of education, assume management and jurisdiction of state-owned-and-operated career and technical schools, at the request of the governing body of the school with a consultation from the executive director of the state-owned school, and assume management of such other career and technical schools as agreed to by local education districts and with a recommendation from the superintendent of schools.
(b) In the event that the governing board of a state-owned-and-operated career and technical school, or a local education agency in accordance with § 16-53-3(a)(8), requests the board of trustees to assume management and jurisdiction of its career and technical school, then the board of education may assign the care management and responsibility of career and technical facilities to the board of trustees for the express purpose of providing coordinated career and technical educational services. Prior to the assignment of the care, management, and responsibility of the school, the trustees shall prepare a plan that shall examine and make recommendations over the:
(1) Management of the career and technical school, including, but not limited to:
(i) Including how the conversion from a separate school facility to a statewide system will impact:
(A) Personnel;
(B) Labor agreements, including existing, collective bargaining agreements;
(C) Contractual obligations outside of labor agreements;
(D) Management structure;
(E) Program offerings;
(F) Admission policies;
(G) Facilities; and
(H) Other items as requested by RIDE or the board of education.
(2) Management of other state-owned facilities for the sole purpose of offering career and technical programs; and
(3) Method of assuming ownership and management of career and technical facilities within the state that were transferred, including the integration of programs, curriculum, offerings, and the relationship of matching academic requirements to career and technical education to enhance student outcomes.
(c) In the event the board of trustees assumes responsibility pursuant to § 16-53-3(b), the board of trustees shall act with the same authority as a local school committee.
(d) In the event the board of trustees assumes responsibility pursuant to § 16-53-3(a)(8), the board of trustees shall recognize the collective bargaining representatives of all affected employees in each collective bargaining unit and shall recognize the collective bargaining agreements in effect for all affected employees.
History of Section. P.L. 1972, ch. 284, § 1; P.L. 1977, ch. 189, § 1; P.L. 1986, ch. 244, § 1; P.L. 1988, ch. 84, § 58; P.L. 1999, ch. 83, § 34; P.L. 1999, ch. 130, § 34; P.L. 2014, ch. 410, § 3.
Each appointed member of the board of trustees, before entering upon his or her duties, shall take an oath to administer the duties of his or her office faithfully and impartially, and the oath shall be filed in the office of the secretary of state.
History of Section. P.L. 1972, ch. 284, § 1; P.L. 2014, ch. 410, § 2.
The officers of the board of trustees shall be a chairperson, appointed by the governor, who shall be a representative of the private sector and vice chairperson elected from the membership. Officers shall be elected annually by a majority vote of the board of trustees members; a majority of the appointed members shall constitute a quorum. Upon allocation of designated state funding for the purpose of supporting the board of trustees’ duties and activities, the board of trustees is authorized to obtain, or to contract for, any services that may be necessary to enable it to carry out its duties. A majority vote of those present shall be required for action.
History of Section. P.L. 1972, ch. 284, § 1; P.L. 1977, ch. 189, § 1; P.L. 1986, ch. 244, § 1; P.L. 2014, ch. 410, § 2.
The members of the board of trustees shall serve without compensation.
History of Section. P.L. 1972, ch. 284, § 1; P.L. 1986, ch. 244, § 1; P.L. 2014, ch. 410, § 2.
The council is authorized to receive any gifts, grants, or donations made for any of the purposes of its program, and to disburse and administer the gifts, grants, or donations in accordance with the terms of it.
History of Section. P.L. 1972, ch. 284, § 1; P.L. 1977, ch. 189, § 1.
The trustees shall be supported by funding to provide for the initiation and start-up of the trustees, and for any ongoing expenses.
History of Section. P.L. 2014, ch. 410, § 4.
(a) Rhode Island CTE trust established. Effective January 15, 2015, there is hereby created a permanent, not-for-profit corporation to be known as the Rhode Island CTE trust on career and technical education.
(b) Composition of the CTE trust. The power of the trust shall be vested in nine (9) members appointed originally by the governor in staggered terms. All the members shall serve until their successors are appointed and qualified. After the original appointments, the CTE trust shall have authority to appoint successors to fill terms for seven (7) of the members set forth in subsection (d)(1) of this section.
(c) The CTE trust shall coordinate with, but shall remain independent from, both RIDE and the board of education.
(d) The membership of the CTE trust shall be as follows:
(1) Seven (7) individuals who are representative of the private sector in the state who shall constitute a majority of the membership. From among this group, five (5) members shall be representative of business, industry, and agriculture, including, but not limited to:
(i) At least one representative from the various trades that are performed in the state; and
(ii) At least one representative from any trade association representing various career and technical education career clusters established by the U.S. Department of Education.
(2) The secretary of commerce for Rhode Island; and
(3) A member of the governor’s workforce training board, appointed by the governor. The governor shall make the reappointment to this position.
(e) A member shall be eligible to succeed himself or herself.
(f) The governor shall make all appointments to the CTE trust on or before January 15, 2015.
History of Section. P.L. 2014, ch. 410, § 4.
The trust shall:
(1) Create partnerships with various employers to provide for internships, apprenticeship programs, voluntary work relationships, and other such partnerships that provide for student learning;
(2) Provide advisory assistance to the board of trustees in the development of programs, curriculum, areas of focus, and concentration;
(3) Raise funds for the use of the organization to provide grants and loans to the state board and for other purposes as determined by the private board; and
(4) Provide any other assistance to the state board, board of education, or to the general assembly.
History of Section. P.L. 2014, ch. 410, § 4.
Debts and obligations of the CTE trust shall not be or constitute a debt of the state, or any department, municipality, or subdivision thereof.
History of Section. P.L. 2014, ch. 410, § 4.
The state of Rhode Island is not responsible for the career and technical trust.
History of Section. P.L. 2014, ch. 410, § 4.
The trust is authorized to receive any gifts, grants, or donations made for any of the purposes of its program, including state and federal funds, and to disburse and administer the gifts, grants, or donations in accordance with its terms, subject to applicable law.
History of Section. P.L. 2014, ch. 410, § 4.
This chapter shall be known and may be cited as the “Rhode Island School Improvement Act”.
History of Section. P.L. 2000, ch. 262, § 1.
(a)(1) The school board or school committees of the cities and towns shall establish a school improvement team for each school in the district, and shall develop procedures for the election and appointment of school improvement team members. Each school improvement team shall be composed of the principal and an appropriately balanced number of teachers, education support employees, students, parents, and other business and community citizens who are representative of the ethnic, racial, and economic community served by the school, provided that vocational-technical center and high school school-improvement teams shall include students, and middle and junior high school school-improvement teams may include students. Members representing teachers, education support employees, students, and parents shall be selected by their peer groups at the school in a fair and equitable manner. At the middle and high school levels, where there are designated department heads, those department heads will also be included on the school improvement team. At a minimum, these school improvement teams at this middle and high school level shall include at least one department head from a humanities subject area and at least one department head from one of the science, technology, engineering, or mathematics subject areas.
(2) Business and other community members shall be selected by the school according to a procedure established by the school board. The school board shall review the membership composition of each school improvement team. Should the school board determine that the membership elected by the school is not representative of the ethnic, racial, and economic community served by the school, the board shall appoint additional members to achieve proper representation. For the purposes of school improvement teams, the term “teacher” includes classroom teachers, certified student services personnel, and media specialists. For purposes of this subsection, “education support employee” means any person employed by a school who is not defined as instructional or administrative personnel pursuant to law and whose duties require twenty (20) or more hours in each normal working week.
(3) The school board or school committees of the cities and towns shall establish a districtwide student safety and behavioral health committee (“SSBHC”). Each committee shall have representation from administration (to be appointed by the superintendent), at least two (2) certified staff (to be appointed by the local collective bargaining agent), and at least two (2) support staff (to be appointed by the local collective bargaining agent), and may also include a school resource officer to be appointed by the superintendent. The school board or school committee shall strive to have staff representation from the elementary, middle, and high school level on the SSBHC. The SSBHC shall be responsible for:
(i) Ensuring that the district has a comprehensive policy to provide mental health support to students in need and address student behaviors to minimize disruptions of the learning environment for all students in a non-punitive manner, in line with best practice and student needs;
(ii) Ensuring such policies are properly implemented;
(iii) Assessing the mental health supports available to students;
(iv) Discussing possible improvements to policies and procedures;
(v) Making recommendations to the school board or school committee regarding potential policy changes; and
(vi) Providing an annual report to the school board or school committee on student safety, mental health, and behaviors, including any recommendations to improve student safety and outcomes in a non-punitive manner while ensuring a stable learning environment for all students. The SSBHC shall work with the school improvement teams to improve student safety and behavioral outcomes at the school building level, but shall not have access to any personally identifiable student information.
(b) The school board may establish a district school improvement team representative of the district and composed of teachers, students, parents, and other citizens or a district school improvement team which may be comprised of representatives of each school improvement team.
History of Section. P.L. 2000, ch. 262, § 1; P.L. 2001, ch. 86, § 50; P.L. 2019, ch. 224, § 4; P.L. 2019, ch. 259, § 4; P.L. 2025, ch. 413, § 1, effective July 2, 2025; P.L. 2025, ch. 414, § 1, effective July 2, 2025.
(a) The school improvement team, including the school principal, shall meet regularly and shall assist in the identification of the educational needs of the students attending the school; make recommendations to the principal for the development, implementation, and assessment of a curriculum accommodation plan; and shall assist in the review of the annual school budget and in the formulation of a school improvement plan, as provided below.
(b) The principal of each school, in consultation with the school improvement team established pursuant to this chapter, shall, on an annual basis, develop and submit to the district superintendent a plan for improving student performance. The superintendent shall review and approve the plan, after consultation with the school committee. Plans shall be prepared in a manner and form prescribed by the department of elementary and secondary education and shall conform to any policies and practices of the district consistent therewith. If the superintendent does not approve a plan submitted by the principal, the plan shall be returned to the principal who shall, after consultation with the school improvement team, resubmit the plan to the superintendent who shall review and approve the resubmitted plan after consultation with the school committee.
(c) Nothing contained in this section shall prevent the school committee from granting a school improvement team additional authority in the area of educational policy; provided, however, that school improvement teams shall have no authority over the rights of teachers and other school employees to collectively bargain pursuant to chapters 9.3 and 9.4 of title 28; and provided further, that school improvement teams have no authority to abrogate any agreement reached by collective bargaining.
History of Section. P.L. 2000, ch. 262, § 1; P.L. 2019, ch. 224, § 4; P.L. 2019, ch. 259, § 4.
If any provision of this chapter or the application of a provision to any person or circumstances is held invalid, the invalidity shall not affect other provisions or application of the chapter, which can be given effect without the invalid provision or application, and to this end the provisions of this chapter are declared to be severable.
History of Section. P.L. 2000, ch. 262, § 1.
The Rhode Island Constitution recognizes the diffusion of knowledge as essential to the preservation of the rights and liberties of all the people and places the responsibility on the general assembly to promote public schools and to adopt all means deemed necessary and proper to secure to the people the advantages and opportunities of education. As this responsibility relates to limited English proficient students, the state asserts that these students shall be provided with appropriate programs and services which will make their educational opportunities equal to their English dominant peers. Programs or services developed by local schools must, at the very least, provide for the attainment of English language proficiency and academic achievement.
History of Section. P.L. 1982, ch. 286, § 2.
In any city or town where there is a child who is eligible to attend elementary or secondary schools, and whose English proficiency is limited to such a degree that it impedes his or her academic progress, the school committee of the city or town shall provide those special services and programs which satisfy the needs of the child with limited English proficiency, in any programs and services as approved by the department of elementary and secondary education in accordance with rules and regulations promulgated by the board of regents for elementary and secondary education.
History of Section. P.L. 1982, ch. 286, § 2.
It shall be the duty of the board of regents for elementary and secondary education to establish and promulgate regulations for the purpose of carrying out the intent of this chapter. These regulations shall include, but are not limited to:
(1) Criteria for the identification, assessment, placement, and exiting of eligible students;
(2) Criteria for an appropriate educational program or service;
(3) Criteria for the monitoring and evaluation of educational programs;
(4) Administrative procedures for state reimbursement of approved programs and services;
(5) Definitions of responsibilities of the local school committees and the department of elementary and secondary education;
(6) Criteria for parent involvement;
(7) Time line for phasing in services and programs to assure that the process begins and that all eligible children are served.
History of Section. P.L. 1982, ch. 286, § 2; P.L. 2001, ch. 86, § 51.
(a) Each school district shall be reimbursed for expenditures for direct services and instructional programs. Reimbursement shall be made when these services and programs have been carried out in accordance with the requirements of state law and the board of regents’ regulations relating to programs and services for limited English proficient students.
(b) For each fiscal year the following formula shall be used to distribute aid for limited English proficient students:
(1) The following formula and definitions are to be used to determine the entitlement for each school district for students in programs or services for the limited-English proficient:
| Net local cost for | | Resident full- | | | | --- | --- | --- | --- | --- | | limited English | | time equivalent | | | | proficient students | X | limited English | X | Share ratio = Incentive | | (statewide) | | student's district | | district entitlement | | | | ____________ | | | | | | Full-time equivalent | | | | | | limited English | | | | | | proficient students | | | | | | (statewide) | | |
(2) In the formula in subsection (b)(1) the terms have the following meanings:
(i) “Incentive entitlement” means the sum payable to a local school district under this formula.
(ii) “Net local cost for limited English proficient programs statewide” means the total net instructional expenditure in the reference year defined in § 16-7-16 of local schools for the support of programs, or service for limited English proficient students, including the funds distributed pursuant to this chapter, as the sum is determined by the commissioner of elementary and secondary education. Federal funds shall be excluded from reimbursement.
(iii) “Full time equivalency students” means that time spent by students in an approval program or service reimbursable under this chapter divided by the amount of time in a normal school day.
(iv) “Share ratio” means the effective share ratio as calculated under § 16-7-20.
(3) No school district shall receive for limited English proficient students more than one hundred percent (100%) of its expenditures in the reference year from a combination of state operations aid as calculated in accordance with §§ 16-7-15 through 16-7-34 and reimbursement aid for limited English proficient students as calculated in accordance with this chapter.
(4) Notwithstanding the provisions of chapter 7 of this title, for each fiscal year not more than five percent (5%) of the funds appropriated under this chapter should be used for departmental expenditures for the administration of this chapter.
(5) If the sum appropriated by the state in any fiscal year for making payments to the cities and towns under this chapter are not sufficient to pay in full the total amount which all cities and towns are entitled to receive for the fiscal year, the maximum amount which all cities and towns are entitled to receive for the fiscal year is to be ratably reduced. In any given year the appropriation for implementation of this chapter shall not exceed two million five hundred thousand dollars ($2,500,000).
(6) Reimbursement payments as calculated under this chapter shall be made according to § 16-7-17. All payments under this chapter shall be used exclusively to support programs and services for limited English proficient students.
(7) Expenditure reports shall be submitted by the local school districts to the commissioner of elementary and secondary education in accordance with rules and regulations of the board of regents for elementary and secondary education. The commissioner shall make an annual financial and program evaluation report to the legislature on the status of state and local efforts.
History of Section. P.L. 1982, ch. 286, § 2; P.L. 1988, ch. 84, § 59; P.L. 2001, ch. 86, § 51.
A state advisory council shall be established by the department of elementary and secondary education. The council shall be comprised of twenty-one (21) members, one of whom shall be the chairperson of the house finance committee or his or her designee; one of whom shall be the chairperson of the senate finance committee or his or her designee; all others shall be appointed by the commissioner of elementary and secondary education and be representative of the significant segments of the limited English proficient population of the state or have demonstrated an interest in the education of the limited English proficient population. In appointing members to the state advisory council, the commissioner shall ensure equal access and opportunity for participation to all interested parties. Members of the state advisory council shall serve at the pleasure of the commissioner, serve without compensation, and be residents of the state. The advisory council shall advise the commissioner on all matters pertaining to the education of limited English proficient students.
History of Section. P.L. 1982, ch. 286, § 2.
Any person who is a permanent resident of this state and who submits proof sufficient to establish his age of sixty (60) years or older and whose household income is less than three (3) times the federal poverty level as established by the U.S. department of health and human services shall be entitled to take courses at any public institution of higher education in the state without the payment of tuition, exclusive of other fees and charges; provided, that any person eligible for financial aid, as determined by the institution of higher education, shall apply for the financial aid. Any financial aid award received by the applicant shall be applied toward the full amount of tuition that would have been charged by the public institution of higher education. Admission into particular courses will be granted upon a space available basis and shall be at the discretion of the particular institutions to which application is made.
History of Section. P.L. 1976, ch. 320, § 1; P.L. 1981, ch. 174, § 1; P.L. 1993, ch. 67; § 1; P.L. 1993, ch. 138, art. 52, § 1.
The purpose of this chapter is to promote equal postsecondary educational opportunity by providing financial assistance to students who are restricted from participating in postsecondary education because of insufficient financial resources.
History of Section. P.L. 1977, ch. 238, § 3.
(a) The general assembly shall appropriate annually a sum to provide postsecondary financial assistance. This sum may be supplemented from time to time by other sources of revenue including, but not limited to, federal programs.
History of Section. P.L. 1977, ch. 238, § 3; P.L. 1980, ch. 402, § 1; P.L. 1981, ch. 291, art. 7, § 1; P.L. 1983, ch. 167, art. 28, § 1; P.L. 1988, ch. 425, § 1; P.L. 1992, ch. 133, art. 14, § 1; P.L. 1993, ch. 138, art. 40, § 1; P.L. 1994, ch. 70, art. 30, § 1; P.L. 1996, ch. 404, § 20; P.L. 2001, ch. 86, § 52; P.L. 2015, ch. 141, art. 7, § 4.
[Repealed]
History of Section. P.L. 1977, ch. 238, § 3; P.L. 1994, ch. 70, art. 30, § 1; Repealed by P.L. 2015, ch. 141, art. 7, § 3, effective July 1, 2015.
The forms of assistance and their purposes shall be as follows:
(1) Need based grants, the purpose of which shall be to promote access and to support choice for financially needy students.
(2) Need based scholarships, the purpose of which shall be to encourage and to reward the demonstration of superior ability and to promote access and choice for outstanding students who have financial need.
(3) Need based work opportunities, the purpose of which shall be to promote work opportunities to financially needy students in order to fulfill those students’ self-help responsibilities by providing funds to agencies participating in the federal college work study program.
History of Section. P.L. 1977, ch. 238, § 3.
An evaluation of this chapter shall be performed annually by the office of the postsecondary commissioner. The evaluation shall provide, as a minimum, a summary of the following information relating to award recipients: family income, student financial needs, basic educational opportunity grant awards, state awards, institutional based student assistance awards, federally guaranteed loans, other student assistance, institution attended, and other pertinent information.
History of Section. P.L. 1977, ch. 238, § 3; P.L. 2015, ch. 141, art. 7, § 4.
(a) Amount of funds allocated. The commissioner of postsecondary education shall allocate annually the appropriation for need-based scholarships and grants. Of the total amount appropriated for need-based scholarship and grants, the lesser of twenty percent (20%) or one million eight hundred thousand dollars ($1,800,000) shall be distributed to qualified students attending participating, independent, nonprofit, higher education institutions in Rhode Island. The remainder of funds shall be limited to public higher education institutions in Rhode Island including payments made pursuant to § 16-100-3(c). As part of the annual budget submission, the office of postsecondary commissioner shall include a plan of how the need-based scholarship and grant funds will be allocated to each public institution receiving funds pursuant to this chapter and how the funds will be distributed to students attending independent, nonprofit institutions.
(b) Eligibility of individuals. Eligibility for need-based grants and scholarships shall be determined by the office of the postsecondary commissioner.
(c) Number and terms of awards. The number of awards to be granted in any one fiscal year shall be contingent upon the funds allocated to this section.
History of Section. P.L. 1977, ch. 238, § 3; P.L. 1988, ch. 425, § 1; P.L. 1988, ch. 499, § 1; P.L. 2015, ch. 141, art. 7, § 4; P.L. 2019, ch. 88, art. 9, § 13; P.L. 2023, ch. 79, art. 8, § 3, effective June 16, 2023.
[Repealed]
History of Section. P.L. 1977, ch. 238, § 3; P.L. 1988, ch. 425, § 1; P.L. 1988, ch. 499, § 1; Repealed by P.L. 2015, ch. 141, art. 7, § 3, effective July 1, 2015.
[Repealed]
History of Section. P.L. 1977, ch. 238, § 3; P.L. 1980, ch. 402, § 2; Repealed by P.L. 2015, ch. 141, art. 7, § 3, effective July 1, 2015.
[Repealed]
History of Section. P.L. 1977, ch. 238, § 3; P.L. 1980, ch. 402, § 1; Repealed by P.L. 2015, ch. 141, art. 7, § 3, effective July 1, 2015.
In addition to the powers and duties prescribed in previous sections of this chapter, the office of the postsecondary commissioner shall promulgate rules and regulations and take any other actions which will promote the full implementation of all provisions of this chapter.
History of Section. P.L. 1977, ch. 238, § 3; P.L. 2015, ch. 141, art. 7, § 4.
No student shall be ineligible for financial assistance pursuant to this chapter for reasons of attendance at a postsecondary institution on or before July 1, 1978.
History of Section. P.L. 1977, ch. 238, § 3; P.L. 1980, ch. 402, § 1; P.L. 2001, ch. 86, § 52.
If any provision of this chapter or the application of it to any person or circumstances is invalid, the invalidity shall not affect the other provisions of applications of this chapter which can be given effect without the invalid provision or application.
History of Section. P.L. 1977, ch. 238, § 3.
[Repealed]
History of Section. P.L. 1988, ch. 426, § 2; P.L. 1989, ch. 194, § 1; P.L. 1990, ch. 54, § 2; Repealed by P.L. 2015, ch. 141, art. 7, § 3, effective July 1, 2015.
This chapter shall be known as the “Rhode Island Higher Education Assistance Act.”
History of Section. P.L. 1977, ch. 238, § 1; P.L. 2015, ch. 141, art. 7, § 6.
The purpose of this chapter is to authorize a system of financial assistance, consisting of loan guaranties, savings programs, and other aids, for qualified students, parents, and others responsible for paying the costs of education to enable them to obtain an education beyond the high school level by attending public or private educational institutions. The general assembly has found and declares that it is in the public interest and essential to the welfare and well being of the inhabitants of the state and to the proper growth and development of the state to foster and provide financial assistance to qualified students, parents, and others responsible for paying the costs of education in order to help prospective students to obtain an education beyond the high school level. The general assembly has found that many inhabitants of the state who are fully qualified to enroll in appropriate educational institutions for furthering their education beyond the high school level lack the financial means and are unable, without financial assistance as authorized under this chapter, to pay the cost of their education, with a consequent irreparable loss to the state of valuable talents vital to its welfare. The general assembly also recognizes that educational institutions for higher education are in need of appropriate additional means to provide financial assistance to qualified students, parents, and others responsible for paying the costs of education. The general assembly has determined that the establishment of a proper system of financial assistance, containing eligibility opportunities for students and residents of this state and other states serves a public purpose and is fully consistent with the long established policy of the state to encourage, promote, and assist the education of the people of the state. The general assembly further finds that higher education financial assistance needs of Rhode Islanders will be better served by transferring all of the functions and programs of the former Rhode Island higher education assistance authority and of the Rhode Island division of higher education assistance to the office of postsecondary commissioner and the office of the general treasurer.
History of Section. P.L. 1977, ch. 238, § 1; P.L. 1997, ch. 81, § 1; P.L. 1997, ch. 91, § 1; P.L. 2015, ch. 141, art. 7, § 6; P.L. 2025, ch. 278, art. 2, § 2, effective June 29, 2025.
As used in this chapter, the following words and terms have the following meanings unless the context indicates another or different meaning or intent:
(1) “Authority” means the commissioner of postsecondary education.
(2) “Commissioner of postsecondary education” means the commissioner appointed by the council on postsecondary education pursuant to § 16-59-6 or the commissioner’s designee.
(3) “Eligible borrower” means a student, or the parent of a student, who is either a resident of the state or who, under rules promulgated by the office, is qualified to make an eligible loan.
(4) “Eligible institution,” subject to further particular or more restrictive definition by regulation of the office, means:
(i) An institution of higher learning;
(ii) A vocational school; or
(iii) With respect to students who are nationals of the United States, an institution outside the United States that is comparable to an institution of higher education or to a vocational school and that has been approved by the commissioner of postsecondary education for purposes of the guaranteed student loan program.
(5) “Eligible loan” means a loan to a student or to the parent of a student insured or guaranteed by the commissioner of postsecondary education, or by any other governmental or private agency, corporation, or organization having a reinsurance or guaranty agreement with the commissioner applicable to the student loan.
(6) “Guaranteed student loan program” means the program of federal student loan insurance and reinsurance administered by the commissioner of postsecondary education.
(7) “Lender,” subject to further particular or more restrictive definition by regulation of the office, means any governmental or private agency, corporation, organization, or institution designated as an “eligible lender” by federal statute, regulation, or administrative ruling for the purposes of the guaranteed student loan program.
(8) “Participant” means an individual, corporation, trust, or other “person” within the meaning of § 529 of the Internal Revenue Code [26 U.S.C. § 529], who makes contributions to the tuition savings program established pursuant to § 16-57-6.1 for purposes of paying qualified higher education expenses on behalf of a beneficiary.
(9) “Participating institution” means an institution for higher education that agrees to participate in a savings program or pre-paid tuition program established pursuant to this chapter.
(10) “Pre-paid tuition program” means a program administered by the division, in conjunction with the executive director of the Rhode Island Student Loan Authority and the commissioner of postsecondary education, that provides a means for qualified students, parents, and others responsible for paying the costs of education to fix all or a portion of the direct cost of attendance at participating institutions in one or more future years.
(11) “Program” means the tuition savings program established pursuant to § 16-57-6.1.
(12) “Qualified higher education expenses” means the costs of tuition, fees, books, supplies, and equipment required for enrollment or attendance at an institution of higher education, and other education costs defined by federal law.
(13) “Secretary” means the United States secretary of education.
(14) “State” means the state of Rhode Island.
(15) “Student,” as used with reference to the guaranteed student loan program and the parent loan program, means an individual who, under rules promulgated by the commissioner of postsecondary education, is enrolled or accepted for enrollment at an eligible institution and who is making suitable progress in the student’s education toward obtaining a degree or other appropriate certification in accordance with standards acceptable to the authority.
(16) “Tuition savings program” or “savings program” means a program approved and administered by the general treasurer, in conjunction with the executive director of the Rhode Island Student Loan Authority, and the commissioner of postsecondary education, designed to facilitate and encourage savings by, or on behalf of, students, future students, and parents for the purpose of paying the costs of attending institutions of higher education.
(17) “Council” means the council on postsecondary education established pursuant to § 16-59-1.
(18) “Division” means the Rhode Island division of higher education assistance, the division authorized, created, and established pursuant to § 16-57-4, and dissolved pursuant to the provisions of § 16-57-4.1.
History of Section. P.L. 1977, ch. 238, § 1; P.L. 1981, ch. 43, § 1; P.L. 1985, ch. 79, § 1; P.L. 1997, ch. 81, § 1; P.L. 1997, ch. 91, § 1; P.L. 2001, ch. 364, § 2; P.L. 2015, ch. 141, art. 7, § 6; P.L. 2025, ch. 278, art. 2, § 2, effective June 29, 2025.
(a) The office of the commissioner of postsecondary education is hereby granted and authorized to use all of the powers set forth in this chapter for the purposes of guaranteeing eligible loans to students in eligible institutions and to parents of those students and administering other programs of postsecondary student financial assistance assigned by law to the commissioner of postsecondary education.
(b) The exercise by the commissioner of postsecondary education of the powers conferred by this chapter shall be deemed and held to be the performance of an essential governmental function of the state for public purposes. It is the intent of the general assembly by the passage of this chapter to vest in the commissioner all powers, authority, rights, privileges, and titles that may be necessary to enable it to accomplish the purposes set forth in this section and this chapter, and the powers granted by it shall be liberally construed in conformity with these purposes.
(c) Except as provided in § 16-57-6.1, effective July 1, 2025, or upon approval by the U.S. Department of Education, whichever is later:
(1) All functions formerly administered by the Rhode Island higher education assistance authority and by the Rhode Island division of higher education assistance are hereby transferred to the office of postsecondary commissioner;
(2) The office of postsecondary commissioner shall assume all rights, duties, assets, liabilities, and obligations of the former Rhode Island higher education assistance authority and the Rhode Island division of higher education assistance. The office of postsecondary commissioner shall be considered to be the successor in interest to both the Rhode Island higher education assistance authority and the Rhode Island division of higher education assistance; and
(3) All contracts and agreements of whatsoever kind of the Rhode Island higher education assistance authority and by the Rhode Island division of higher education assistance are hereby assigned, transferred to, and assumed by the office of postsecondary commissioner.
(d) Upon the completion of the transfer, the Rhode Island division of higher education assistance shall cease to exist. Whenever in any general law, public law, or rule or regulation reference is made to the “Rhode Island higher education assistance authority,” or the “Rhode Island division of higher education assistance,” the reference shall be deemed to refer to and mean the office of postsecondary commissioner.
History of Section. P.L. 1977, ch. 238, § 1; P.L. 1981, ch. 43, § 1; P.L. 2015, ch. 141, art. 7, § 6; P.L. 2025, ch. 278, art. 2, § 2, effective June 29, 2025.
(a) Effective July 1, 2025, the division of higher education assistance shall be dissolved. Upon said dissolution and date, all functions, powers, duties, and authority of the division of higher education assistance shall transfer to the office of postsecondary commissioner.
(b) On July 1, 2025, the office of postsecondary commissioner shall assume all rights, responsibilities, duties, assets, liabilities, and obligations of the dissolved division of higher education assistance, and the office of postsecondary commissioner shall be considered for all purposes the successor in interest to the division of higher education assistance.
(c) All contracts and agreements of whatsoever kind of the division of higher education assistance are hereby assigned, transferred to, and assumed by the office of postsecondary commissioner.
(d) Whenever in any general law, public law, or rule or regulation reference is made to “the division of higher education assistance”, the reference shall be deemed to refer to and mean “the office of postsecondary commissioner”, which also may be referred to as the “office”.
History of Section. P.L. 2025, ch. 278, art. 2, § 1, effective June 29, 2025.
There is hereby established a restricted receipt account in the general fund and housed in the office of postsecondary commissioner to be known as the “tuition savings program fund”. The purpose of the fund is to receive and disburse scholarship funds pursuant to the provisions of this chapter.
History of Section. P.L. 2025, ch. 278, art. 2, § 1, effective June 29, 2025.
[Repealed]
History of Section. P.L. 1977, ch. 238, § 1; P.L. 2005, ch. 36, § 12; P.L. 2005, ch. 72, § 12; Repealed by P.L. 2015, ch. 141, art. 7, § 5, effective July 1, 2015.
[Repealed]
History of Section. P.L. 1977, ch. 238, § 1; P.L. 1978, ch. 369, § 1; P.L. 1980, ch. 146, § 1; P.L. 1981, ch. 43, § 1; P.L. 1982, ch. 344, art. 5, § 1; P.L. 1985, ch. 79, § 1; P.L. 1987, ch. 291, § 1; P.L. 1995, ch. 370, art. 40, § 46; P.L. 1997, ch. 81, § 1; P.L. 1997, ch. 91, § 1; P.L. 1999, ch. 488, § 1; Repealed by P.L. 2015, ch. 141, art. 7, § 5, effective July 1, 2015.
(a) The general treasurer, in conjunction with the state investment commission, executive director of the Rhode Island student loan authority, and the commissioner of postsecondary education, shall establish, in any form as the general treasurer deems appropriate, a tuition savings program to allow persons to save money for the sole purpose of meeting qualified higher education expenses.
(b) All money received in connection with the tuition savings program shall be segregated from all other funds into two (2) funds, a program fund and an administrative fund. No more than two percent (2%) of money in the program fund may be transferred annually to the administrative fund for the purpose of paying operating costs of administering the tuition savings program. Money accrued by participants in the program fund may be used for payments to an eligible institution. All proceeds from the tuition savings program shall be directed to the administrative fund, and to the extent they exceed the operating costs of administering the tuition savings program, said excess shall be used for financial aid-related activities in Rhode Island pursuant to § 16-56-6.
(c) The state investment commission shall invest money within the program fund in any investments that are authorized by the general laws, including equities and fixed-income securities. The composition of investments shall be determined by the state investment commission.
(d) A participant may at any time withdraw funds from the participant’s account in the tuition savings program in an amount up to the value of the account at the time the withdrawal is implemented, less such administrative fee as may be levied by the treasurer in connection with the withdrawal.
(e) Notwithstanding any of the foregoing provisions, no administrative fee may be levied by the treasurer in the event that a participant requests withdrawal of funds from the participant’s account in the tuition savings program on account of, and within the meanings of § 529 of the Internal Revenue Code [26 U.S.C. § 529]:
(1) The death of the beneficiary of the account;
(2) The disability of the beneficiary; or
(3) A scholarship, allowance, or payment received by the beneficiary to the extent that the amount of the refund does not exceed the amount of the scholarship, allowance, or payment.
(f) In the event that a participant requests a withdrawal from an account in the tuition savings program other than: (1) A withdrawal used for qualified higher education expenses of the beneficiary of the account or (2): For a reason referred to in subdivision (e)(1), (e)(2), or (e)(3) of this section, the treasurer shall impose a more than de minimis penalty on the earnings portion of the withdrawal in accordance with § 529 of the Internal Revenue Code [26 U.S.C. § 529]; provided that no penalty shall be imposed with respect to any such withdrawal, or any other withdrawal, from any account in the tuition savings plan to which the tax made applicable by § 529 of the Internal Revenue Code [26 U.S.C. § 529] is effective.
(g) [Deleted by P.L. 2015, ch. 141, art. 7, § 6.]
History of Section. P.L. 1997, ch. 81, § 2; P.L. 1997, ch. 91, § 2; P.L. 2001, ch. 364, § 2; P.L. 2015, ch. 141, art. 7, § 6; P.L. 2025, ch. 278, art. 2, § 2, effective June 29, 2025.
(a) The participant retains ownership of all assets properly allocated to an account maintained for the participant in the tuition savings program up to the date of withdrawal or distribution of these from the program.
(b) All assets of the tuition savings program shall be considered to be held in trust. As required by the Internal Revenue Code, no interest in the tuition savings program or any portion of these may be used as security for a loan.
(c) A participant may transfer ownership rights in the tuition savings program to another participant or designate a new beneficiary insofar as permitted by § 529 of the Internal Revenue Code [26 U.S.C. § 529] under such conditions as the treasurer deems appropriate.
History of Section. P.L. 1997, ch. 81, § 2; P.L. 1997, ch. 91, § 2; P.L. 2001, ch. 364, § 2; P.L. 2015, ch. 141, art. 7, § 6.
(a) For state income tax purposes, annual earnings of the tuition savings program and the prepaid tuition program shall be exempt from tax to the program, and shall not be includible in the Rhode Island income of either beneficiaries or participants in the program until withdrawn or distributed from it, and then in accordance with chapter 30 of title 44.
(b) The tax administrator may adopt rules and regulations necessary to monitor, implement, and administer the Rhode Island personal income tax provisions referred to in subsection (a) relating to this chapter. These regulations shall provide for each taxable year for the timely submission to the tax administrator by the program manager of the tuition savings program of this information in the form the tax administrator shall prescribe concerning contributions to, and withdrawals including transfers and rollovers from, the tuition savings program during that year.
History of Section. P.L. 1997, ch. 81, § 2; P.L. 1997, ch. 91, § 2; P.L. 2001, ch. 364, § 2; P.L. 2015, ch. 141, art. 7, § 6.
[Repealed]
History of Section. P.L. 1997, ch. 81, § 2; P.L. 1997, ch. 91, § 2; P.L. 1998, ch. 14, § 4; Repealed by P.L. 2001, ch. 86, § 53, effective July 6, 2001.
(a) The treasurer shall submit to the governor, the speaker of the house of representatives, the president of the senate, and the secretary of state an annual, audited financial report, prepared in accordance with generally accepted accounting principles, on the operations of the tuition savings program by November 1 of each year. The annual audit shall be made either by the auditor general or by an independent, certified public accountant approved by the auditor general and shall include direct and indirect costs attributable to the use of outside consultants, independent contractors, and any other persons who are not state employees.
(b) The annual audited financial report shall be supplemented by the following information, to be submitted by April 1 of each year, on the operations of the program for the previous calendar year:
(1) A summary of the benefits provided by the tuition savings program including the number of participants and beneficiaries;
(2) Any other information that is relevant in order to make a full, fair, and effective disclosure of the assets and operations of the program; and
(3) The foregoing supplemental information shall be posted electronically on the general assembly’s and the secretary of state’s websites as prescribed in § 42-20-8.2. The treasurer shall be responsible for the enforcement of this provision.
History of Section. P.L. 1997, ch. 81, § 2; P.L. 1997, ch. 91, § 2; P.L. 2006, ch. 332, § 2; P.L. 2006, ch. 435, § 2; P.L. 2015, ch. 141, art. 7, § 6.
[Repealed]
History of Section. P.L. 1997, ch. 81, § 2; P.L. 1997, ch. 91, § 2; P.L. 1998, ch. 31, art. 21, § 1; Repealed by P.L. 2015, ch. 141, art. 7, § 5, effective July 1, 2015.
This chapter shall be liberally construed in order to effectuate the purposes and intent of this chapter. It is intended that the tuition savings program established pursuant to this chapter qualify as a “qualified state tuition program” pursuant to § 529 of the Internal Revenue Code, 26 U.S.C. § 529. The provisions of this chapter shall be construed wherever possible to effectuate this intent.
History of Section. P.L. 1997, ch. 81, § 2; P.L. 1997, ch. 91, § 2.
The council on postsecondary education established pursuant to § 16-59-1 shall retain all authority formerly vested in the higher education assistance authority board of directors, except as provided by § 16-57-6.1. Whenever in any general or public law reference is made to the “board of directors of the higher education assistance authority,” the reference shall be deemed to refer to and mean the “council on postsecondary education.”
History of Section. P.L. 1977, ch. 238, § 1; P.L. 1979, ch. 11, § 1; P.L. 1981, ch. 32, § 21; P.L. 1991, ch. 44, art. 38, § 2; P.L. 1995, ch. 396, § 1; P.L. 1999, ch. 488, § 1; P.L. 2006, ch. 332, § 2; P.L. 2006, ch. 435, § 2; P.L. 2015, ch. 141, art. 7, § 6; P.L. 2025, ch. 278, art. 2, § 2, effective June 29, 2025.
The office of the postsecondary commissioner is designated the state agency to apply for, receive, accept, and disburse federal funds, and funds from other public and private sources, made available to the state for use as reserves to guarantee student loans or as administrative money to operate student loan programs, and is designated to administer any statewide programs of student assistance that shall be established under federal law.
History of Section. P.L. 1977, ch. 238, § 1; P.L. 2015, ch. 141, art. 7, § 6; P.L. 2025, ch. 278, art. 2, § 2, effective June 29, 2025.
(a) Any person qualifying for an eligible loan shall not be disqualified to receive a loan guaranteed by the office of the postsecondary commissioner by reason of the person being a minor. For the purpose of applying for, securing, receiving, and repaying a loan, any person shall be deemed to have full legal capacity to act and shall have all the rights, powers, privileges, and obligations of a person of full age with respect to a loan.
(b) No loan obligation incurred by any individual under the provisions of this chapter may be expunged, reduced, or discharged in any proceeding, including any proceeding in federal bankruptcy court. Any individual receiving a loan under the provisions of this chapter shall be required to sign an affidavit acknowledging the loan and agreeing to this condition.
History of Section. P.L. 1977, ch. 238, § 1; P.L. 2015, ch. 141, art. 7, § 6; P.L. 2025, ch. 278, art. 2, § 2, effective June 29, 2025.
(a) To ensure the continued operation and solvency of the guaranteed student loan program, the office of the postsecondary commissioner shall create and establish reserve funds, and may pay into the funds any money appropriated and made available by the state or any other source for the purpose of the funds, and any money collected by the office as fees for the guaranty of eligible loans.
(b) Furthermore, it is the intent of the general assembly that these funds eventually be used to increase financial assistance to Rhode Island students in the form of scholarships and grants as approved by the commissioner of postsecondary education and as directed by the U.S. Department of Education and in accordance with federal statutes and regulations governing the use of funds in the guaranty agency’s operating fund pursuant to the provisions and restrictions of the 1998 reauthorization of the federal Higher Education Act.
(c) [Deleted by P.L. 2015, ch. 141, art. 7, § 6.]
History of Section. P.L. 1977, ch. 238, § 1; P.L. 2012, ch. 241, art. 4, § 1; P.L. 2013, ch. 501, § 63; P.L. 2014, ch. 145, art. 14, § 4; P.L. 2015, ch. 141, art. 7, § 6; P.L. 2025, ch. 278, art. 2, § 2, effective June 29, 2025.
[Repealed]
History of Section. P.L. 1977, ch. 238, § 1; Repealed by P.L. 2015, ch. 141, art. 7, § 5, effective July 1, 2015.
Guaranties made under the provisions of this chapter shall not constitute debts, liabilities, or obligations of the state or of any political subdivision of the state other than the office of the postsecondary commissioner or a pledge of the faith and credit of the state or any political subdivision other than the office of the postsecondary commissioner, but shall be payable solely from the revenues or assets of reserve funds set forth in § 16-57-10.
History of Section. P.L. 1977, ch. 238, § 1; P.L. 2015, ch. 141, art. 7, § 6; P.L. 2025, ch. 278, art. 2, § 2, effective June 29, 2025.
[Repealed]
History of Section. P.L. 1977, ch. 238, § 1; P.L. 1980, ch. 146, § 1; Repealed by P.L. 2015, ch. 141, art. 7, § 5, effective July 1, 2015.
[Repealed]
History of Section. P.L. 1977, ch. 238, § 1; Repealed by P.L. 2015, ch. 141, art. 7, § 5, effective July 1, 2015.
[Repealed]
History of Section. P.L. 1977, ch. 238, § 1; P.L. 1979, ch. 12, § 1; Repealed by P.L. 2015, ch. 141, art. 7, § 5, effective July 1, 2015.
If the provisions of this chapter are inconsistent with the provisions of any other law or ordinance, general, special, or local, the provisions of this chapter shall be controlling.
History of Section. P.L. 1977, ch. 238, § 1.
[Repealed]
History of Section. P.L. 1977, ch. 238, § 1; Repealed by P.L. 2015, ch. 141, art. 7, § 5, effective July 1, 2015.
This chapter being necessary for the welfare of the state and its inhabitants shall be liberally construed to effectuate its purposes.
History of Section. P.L. 1977, ch. 238, § 1.
If any clause, sentence, paragraph, section, or part of this chapter shall be adjudged by any court of competent jurisdiction to be invalid, the judgment shall not affect, impair, or invalidate the remainder of this chapter but shall be confined in its operation to the clause, sentence, paragraph, section, or part directly involved in the controversy in which the judgment shall have been rendered.
History of Section. P.L. 1977, ch. 238, § 1.
[Repealed]
History of Section. P.L. 1993, ch. 260, § 1; Repealed by P.L. 2006, ch. 83, § 1; P.L. 2006, ch. 94, § 1; effective June 13, 2006.
[Repealed]
History of Section. P.L. 1993, ch. 260, § 1; P.L. 1999, ch. 83, § 35; P.L. 1999, ch. 130, § 35; Repealed by P.L. 2006, ch. 83, § 1; P.L. 2006, ch. 94, § 1; effective June 13, 2006.
[Repealed]
History of Section. P.L. 1993, ch. 260, § 1; P.L. 1997, ch. 209, § 1; 1999, ch. 105, § 2; Repealed by P.L. 2006, ch. 83, § 1; P.L. 2006, ch. 94, § 1; effective June 13, 2006.
[Repealed]
History of Section. P.L. 1993, ch. 260, § 1; Repealed by P.L. 2006, ch. 83, § 1; P.L. 2006, ch. 94, § 1; effective June 13, 2006.
[Repealed]
History of Section. P.L. 1993, ch. 260, § 1; Repealed by P.L. 2006, ch. 83, § 1; P.L. 2006, ch. 94, § 1; effective June 13, 2006.
[Repealed]
History of Section. P.L. 1993, ch. 260, § 1; Repealed by P.L. 2006, ch. 83, § 1; P.L. 2006, ch. 94, § 1; effective June 13, 2006.
[Repealed]
History of Section. P.L. 1993, ch. 260, § 1; Repealed by P.L. 2006, ch. 83, § 1; P.L. 2006, ch. 94, § 1; effective June 13, 2006.
[Repealed]
History of Section. P.L. 1993, ch. 260, § 1; Repealed by P.L. 2006, ch. 83, § 1; P.L. 2006, ch. 94, § 1; effective June 13, 2006.
[Repealed]
History of Section. P.L. 1993, ch. 260, § 1; Repealed by P.L. 2006, ch. 83, § 1; P.L. 2006, ch. 94, § 1; effective June 13, 2006.
[Repealed]
History of Section. P.L. 1993, ch. 260, § 1; Repealed by P.L. 2006, ch. 83, § 1; P.L. 2006, ch. 94, § 1; effective June 13, 2006.
[Repealed]
History of Section. P.L. 1993, ch. 260, § 1; Repealed by P.L. 2006, ch. 83, § 1; P.L. 2006, ch. 94, § 1; effective June 13, 2006.
[Repealed]
History of Section. P.L. 1993, ch. 260, § 1; Repealed by P.L. 2006, ch. 83, § 1; P.L. 2006, ch. 94, § 1; effective June 13, 2006.
[Repealed]
History of Section. P.L. 1993, ch. 260, § 1; Repealed by P.L. 2006, ch. 83, § 1; P.L. 2006, ch. 94, § 1; effective June 13, 2006.
(a) There is created a council on postsecondary education, sometimes referred to as the “council,” which shall be and is constituted a public corporation, empowered to sue and be sued in its own name, and to exercise all the powers, in addition to those specifically enumerated in this chapter, usually appertaining to public corporations entrusted with control of postsecondary educational institutions and functions. Upon its organization, the council shall be invested with the legal title (in trust for the state) to all property, real and personal, now owned by and/or under the control or in custody of the board of regents for education for the use of Rhode Island college, the community college of Rhode Island and the system of community colleges of Rhode Island, including all departments, divisions, and branches of these.
(b) The council is empowered to hold and operate the property in trust for the state; to acquire, hold, and dispose of the property and other like property as deemed necessary for the execution of its corporate purposes. The council is made successor to all powers, rights, duties, and privileges formerly belonging to the board of regents for education pertaining to postsecondary education and the board of governors for higher education.
(c) The council shall be the employer of record for Rhode Island college and the community college of Rhode Island and the office of postsecondary education. It shall retain all authority formerly vested in the board of education regarding the employment of faculty and staff at Rhode Island college and the community college of Rhode Island.
(d) The council shall be the governing body for the Rhode Island division of higher education assistance and shall retain all authority formerly vested in the higher education assistance authority board of directors pursuant to § 16-57-7; however, any debts, liabilities, or obligations of the council that result from its status as such governing body shall be payable solely from the revenues or assets of reserve funds set forth and established by the prior Rhode Island higher education assistance authority and/or the Rhode Island division of higher education assistance created pursuant to chapter 57 of this title, and not from any assets or property held by the council on public higher education pursuant to this chapter.
(e) The council on postsecondary education shall be the employer of record for the division of higher education assistance.
(f) The council on postsecondary education, simultaneous with the transfer of authority to the university of Rhode Island board of trustees pursuant to § 16-32-2, shall enter into a sublease with the university of Rhode Island board of trustees for the space the university currently occupies at the Rhode Island nursing education center in Providence, Rhode Island, such sublease being coterminous with the lease and incorporating the same terms, conditions and space allocations currently in effect under the lease, and P.L. 2014, ch. 145, art. 4, § 8, and that certain memorandum of understanding dated January 7, 2017, among the Rhode Island office of postsecondary commissioner, the university of Rhode Island and Rhode Island college.
(g) The council is empowered to enter into contracts and agreements with the board of trustees for the university of Rhode Island and/or the department of administration related to public higher education employee benefits, including, but not limited to, retirement benefits, health, dental, vision and life insurance, disability insurance, workers’ compensation, and tuition waivers to maximize the state’s and council’s purchasing and investment portfolio and educational opportunities for the benefit of its employees.
History of Section. P.L. 1981, ch. 32, § 3; P.L. 1987, ch. 596, § 3; P.L. 1993, ch. 178, § 1; P.L. 1999, ch. 48, § 1; P.L. 1999, ch. 124, § 1; P.L. 2005, ch. 117, art. 21, § 17; P.L. 2006, ch. 8, § 1; P.L. 2006, ch. 28, § 1; P.L. 2014, ch. 145, art. 20, § 5; P.L. 2015, ch. 141, art. 7, § 7; P.L. 2019, ch. 88, art. 9, § 6.
The governor shall establish the council for postsecondary education by appointing eight (8) 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 as a member of the board of education and their successor is appointed. In addition the governor shall appoint one (1) student member who shall be a full time student in good standing at the University of Rhode Island, Rhode Island College or the Community College of Rhode Island and who shall serve in a non-voting, ex-officio capacity for a single two (2) year term and shall rotate among the three (3) public institutions. The governor shall appoint the chair of the council on an annual basis from among the eight (8) voting council members. The chair of the board of education shall serve on the council in voting, ex-officio capacity. Five (5) voting members of the council shall constitute a quorum and the vote of a majority of those present and voting shall be required for action.
History of Section. P.L. 1981, ch. 32, § 3; P.L. 1986, ch. 227, § 1; P.L. 1987, ch. 596, § 3; P.L. 1988, ch. 526, § 1; P.L. 1993, ch. 178, § 1; P.L. 2001, ch. 86, § 54; P.L. 2006, ch. 8, § 1; P.L. 2006, ch. 28, § 1; P.L. 2014, ch. 145, art. 20, § 5.
Public members of the board of governors shall be removable by the governor for cause only, and removal solely for partisan or personal reasons unrelated to capacity or fitness for the office shall be unlawful. No removal shall be made for any cause except after ten (10) days’ notice in writing of specific charges, with opportunity for the member to be present in person and with counsel at a public hearing before the governor, to introduce witnesses and documentary evidence in his or her own defense, and to confront and cross-examine adversary witnesses; and appeal shall lie to the superior court from the governor’s determination.
History of Section. P.L. 1981, ch. 32, § 3.
The council on postsecondary education shall have, in addition to those enumerated in § 16-59-1, the following powers and duties:
(1) To approve a systematic program of information gathering, processing, and analysis addressed to every level, aspect, and form of higher 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 develop and approve a strategic plan implementing broad goals and objectives for higher education in the state as established by the board of education, including a comprehensive capital development program.
(3) To formulate broad policy to implement the goals and objectives established and adopted by the board of education; to adopt standards and require enforcement; and to exercise general supervision over all higher public education in the state and over independent higher education in the state as provided in subsections (8) and (9) of this section. The board of education and the council shall not engage in the operation or administration of any subordinate committee, university, junior college, or community college, except its own office of postsecondary education and except as specifically authorized by an act of the general assembly; provided, the presidents of each institution of higher learning shall be the chief administrative and executive officers of that institution; and provided that nothing contained in this section shall prohibit their direct access to or interfere with the relationship between the presidents and the board of education and the council.
(4) To communicate with and seek the advice of the commissioner of postsecondary education, the presidents of the public higher education institutions, and all those concerned with, and affected by, its determinations as a regular procedure in arriving at its conclusions and in setting its policy.
(5) To prepare and maintain a five-year (5) funding plan for higher education that implements the strategic financing recommendations of the board of education; to prepare, with the assistance of the commissioner of postsecondary education, and to present annually to the state budget officer, in accordance with § 35-3-4, a state higher education budget, which shall include, but not be limited to, the budget of the office of postsecondary education and the budget of the state colleges. In the preparation of the budget, the council shall implement priorities established by the board of education of expenditures for public higher education purposes of state revenues and other public resources made available for the support of higher public education. Prior to submitting the budget to the state budget officer as required by the budget office instructions and this subsection, the council shall present the budget to the board of education for its review and approval. Nothing contained in this subdivision shall authorize the council to alter the allocation of grants or aid otherwise provided by law.
(6) To maintain an office of postsecondary commissioner; to provide for its staffing and organization; and to manage and oversee a commissioner of postsecondary education pursuant to duties and responsibilities defined in §§ 16-59-6 and 16-59-7 [repealed]. The commissioner of postsecondary education and the office of postsecondary commissioner shall have the duties and responsibilities as defined in §§ 16-59-6 and 16-59-7 [repealed].
(7) To appoint and dismiss presidents of the public institutions of higher learning with the assistance of the commissioner of postsecondary education, and to establish procedures for this, and with the assistance of the commissioner to approve or disapprove vice presidents of the public institutions of higher learning appointed by the respective presidents of the public institutions of higher learning.
(8) To establish other educational agencies or subcommittees necessary or desirable for the conduct of any or all aspects of higher 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.
(9) To exercise the authority vested in the board of regents for education with relation to independent higher educational institutions within the state under the terms of chapter 40 of this title, and other laws affecting independent higher education in the state.
(10) To enforce the provisions of all laws relating to higher education, public and independent.
(11) To be responsible for all the functions, powers, and duties that were vested in the board of regents for education relating to higher education, including, but not limited to, the following specific functions:
(i) To approve the role and scope of programs at public institutions of higher learning with the assistance of the commissioner of postsecondary education which shall include, but not be limited to, populations to be served, the type and level of programs, and academic fields offered.
(ii) To adopt and require standard accounting procedures for the office of postsecondary commissioner and all public colleges and universities.
(iii) To approve a clear and definitive mission for each public institution of higher learning with the assistance of the commissioner of postsecondary education that is consistent with the role and scope of programs at the public institutions.
(iv) To promote maximum efficiency, economy, and cooperation in the delivery of public higher educational services in the state and cooperation with independent institutions of higher education.
(12) To incorporate into its own affirmative action reporting process periodic reports monitoring specific faculty and staff searches by the chairperson of the search committee to include the rationale for granting those interviews and the final hiring results. The institutions must empower their affirmative action officer to monitor searches in this manner; to intervene during the search; and, when necessary, to cause a search to cease if affirmative action goals are not being adequately served.
(13) To incorporate a specific category for accountability on affirmative action goals and implementation as part of the board’s annual evaluations and three-year (3) reviews for the presidents of each of the public institutions of higher education.
(14) To make a formal request of the governor that, whenever an opportunity arises to make new appointments to the board, that the governor make every effort to increase the number of African Americans, Native Americans, Asians, and Hispanics on the board.
(15) To develop coherent plans for the elimination of unnecessary duplication in public higher education and addressing the future needs of public education within the state in the most efficient and economical manner possible.
(16) To delegate to the presidents of each public higher education institution the authority and responsibility for operational and management decisions related to their institutions, consistent with the goals of the statewide strategic plan for postsecondary education; provided, however, that the presidents may be required to provide information or updates to the council regarding any delegated operational or management decisions.
(17) To approve application and renewal fees for all postsecondary institutions situated in Rhode Island, public or private, that choose to participate in an interstate, postsecondary distance-education reciprocity agreement.
(18) To the extent necessary for participation, and to the extent required and stated in an interstate distance-learning reciprocity agreement, the council shall promulgate procedures to address complaints received from out-of-state students in connection with, or related to, any Rhode Island postsecondary institution, public or private, that has been approved to participate in an interstate distance-learning reciprocity agreement.
(19) To serve as the governing body of the division of higher education assistance and exercise all powers and duties of the division of higher education assistance as set forth under the terms of Chapter 57 of this title; however, any debts, liabilities, or obligations of the council that result from its status as such governing body shall be payable solely from the revenues or assets of reserve funds set forth and established by the prior Rhode Island higher education assistance authority and/or the Rhode Island division of higher education assistance created pursuant to Chapter 57 of this title, and not from any assets or property held by the council on postsecondary education pursuant to this chapter.
(20) To guarantee one hundred percent (100%) of the unpaid principal and accrued interest of any eligible loan made by a lender to any eligible borrower in existence prior to July 1, 2015, for the purpose of assisting the students in obtaining an education in an eligible institution, subject, however, to the limitation regarding any debts, liabilities, or obligations of the council set forth in subsection (19) above, and in § 16-57-12.
(21) To prescribe rules and regulations deemed necessary or desirable to carry out the purposes of serving as a guaranty agency for the loans set forth in subsection (20) of this section, including without limitation rules and regulations:
(i) To ensure compliance by the division with the requirements imposed by statutes or regulation governing the guaranty, insurance, purchase, or other dealing in eligible loans by federal agencies, instrumentalities, or corporations;
(ii) To set standards of eligibility for educational institutions, students, and lenders and to define residency and all other terms as the division deems necessary to carry out the purposes of this chapter; and
(iii) To set standards for the administration of programs of postsecondary student financial assistance assigned by law to the division, including but not limited to savings programs. Administrative rules governing savings programs shall authorize the division, in conjunction with the commissioner of postsecondary education, to negotiate reciprocal agreements with institutions in other states offering similar savings programs for the purpose of maximizing educational benefits to students in this state.
(22) To establish penalties for violations of any order, rule, or regulation of the division, and a method for enforcing these.
(23) To set and collect fees and charges, in connection with its guaranties and servicing, including without limitation reimbursement of costs of financing by the division, service charges, and insurance premiums and fees and costs associated with implementing and administering savings programs established pursuant to this chapter.
(24) To hold and operate property previously held by the higher education assistance authority in trust for the state, and to acquire, hold, and dispose of the property and other like property as deemed necessary for the execution of its corporate purposes.
(25) To direct the public colleges of higher education to adopt and, upon approval by the council, execute a process to accept the advanced placement subject test scores of students who obtain a three (3) or better in any advanced placement course for college credit.
History of Section. P.L. 1981, ch. 32, § 3; P.L. 1981, ch. 291, art. 13, § 1; P.L. 1987, ch. 596, § 5; P.L. 1991, ch. 264, § 1; P.L. 1996, ch. 404, § 22; P.L. 2004, ch. 595, art. 34, § 1; P.L. 2006, ch. 8, § 1; P.L. 2006, ch. 28, § 1; P.L. 2014, ch. 145, art. 20, § 5; P.L. 2015, ch. 141, art. 7, § 7; P.L. 2015, ch. 207, § 2; P.L. 2015, ch. 231, § 2; P.L. 2022, ch. 155, § 2, effective June 27, 2022; P.L. 2022, ch. 156, § 2, effective June 27, 2022.
[Repealed]
History of Section. P.L. 2011, ch. 151, art. 9, § 15; Repealed by P.L. 2014, ch. 145, art. 20, § 6, effective June 19, 2014.
The board shall hold regular meetings at least twice in each quarter of each calendar year. All meetings of the board of governors for higher education shall be open to the public, provided that executive sessions may be held as subordinate parts of public meetings only when matters relating to sensitive personnel or collective bargaining are to be heard.
History of Section. P.L. 1981, ch. 32, § 3; P.L. 1997, ch. 30, art. 1, § 19.
The council on postsecondary education, with approval of the board, shall appoint a commissioner of postsecondary education, who shall serve at the pleasure of the council, provided that his or her initial engagement by the council shall be for a period of not more than three (3) years. For the purpose of appointing, retaining, or dismissing a commissioner of postsecondary education, the governor shall serve as an additional voting member of the council. The position of commissioner shall be in the unclassified service of the state and he or she shall serve as the chief executive officer of the council on postsecondary education, the chief administrative officer of the office of postsecondary commissioner, and the executive director of the division of higher education assistance. The commissioner of postsecondary education shall have any duties that are defined in this section and in this title and other additional duties as may be determined by the council, and shall perform any other duties as may be vested in him or her by law. In addition to these duties and general supervision of the office of postsecondary commissioner and the appointment of the several officers and employees of the office, it shall be the duty of the commissioner of postsecondary education:
(1) To develop and implement a systematic program of information gathering, processing, and analysis addressed to every aspect of higher education in the state, especially as that information relates to current and future educational needs.
(2) To prepare a strategic plan for higher education in the state aligned with the goals of the board of education’s strategic plan; to coordinate the goals and objectives of the higher public education sector with the goals of the council on elementary and secondary education and activities of the independent higher education sector where feasible.
(3) To communicate with, and seek the advice of those concerned with, and affected by the board of education’s and council’s determinations.
(4) To implement broad policy as it pertains to the goals and objectives established by the board of education and council on postsecondary education; to promote better coordination between higher public education in the state, independent higher education in the state as provided in subsection (10) of this section, and preK-12 education; to assist in the preparation of the budget for public higher education; and to be responsible, upon direction of the council, for the allocation of appropriations, the acquisition, holding, disposition of property.
(5) To be responsible for the coordination of the various higher educational functions of the state so that maximum efficiency and economy can be achieved.
(6) To assist the board of education in preparation and maintenance of a five-year (5) strategic funding plan for higher education; to assist the council in the preparation and presentation annually to the state budget officer in accordance with § 35-3-4 of a total, public higher educational budget.
(7) To recommend to the council on postsecondary education, after consultation with the presidents, a clear and definitive mission for each college.
(8) To annually recommend to the council on postsecondary education, after consultation with the presidents, the creation, abolition, retention, or consolidation of departments, divisions, programs, and courses of study within the public colleges to eliminate unnecessary duplication in public higher education, to address the future needs of public higher education in the state, and to advance proposals recommended by the presidents of the public colleges pursuant to §§ 16-33-2.1 and 16-33.1-2.1.
(9) To supervise the operations of the office of postsecondary commissioner, including the division of higher education assistance, and any other additional duties and responsibilities that may be assigned by the council.
(10) To perform the duties vested in the council with relation to independent higher educational institutions within the state under the terms of chapter 40 of this title and any other laws that affect independent higher education in the state.
(11) To be responsible for the administration of policies, rules, and regulations of the council on postsecondary education with relation to the entire field of higher education within the state, not specifically granted to any other department, board, or agency and not incompatible with law.
(12) To prepare standard accounting procedures for public higher education and all public colleges.
(13) To carry out the policies and directives of the board of education and the council on postsecondary education through the office of postsecondary commissioner and through utilization of the resources of the public colleges.
(14) To enter into interstate reciprocity agreements regarding the provision of postsecondary distance education; to administer such agreements; to approve or disapprove applications to voluntarily participate in such agreements from postsecondary institutions that have their principal place of business in Rhode Island; and to establish annual fees, with the approval of the council on postsecondary education, for aforesaid applications to participate in an interstate postsecondary distance education reciprocity agreement.
(15) To the extent necessary for participation, and to the extent required and stated in any distance learning reciprocity agreement, to implement procedures to address complaints received from out-of-state students in connection with, or related to, any Rhode Island postsecondary institution, public or private, that has been approved to participate in said reciprocity agreement.
(16) To oversee the processes that the community college of Rhode Island, Rhode Island college, and the university of Rhode Island adopt and execute, pursuant to §§ 16-32-2(i) and 16-59-4(25), to accept advanced placement subject test scores of students who obtain a three (3) or better in any advanced placement course for college credit.
(17) To collect data annually related to awarding college credit to students who receive test scores of three (3) or higher on advanced placement courses, including, but not limited to:
(i) The number of students who receive college credit at each public institution of higher learning for obtaining advanced placement test scores of three (3) or higher;
(ii) The number of college credits issued by the community college of Rhode Island, Rhode Island college, and the university of Rhode Island due to students’ advanced placement subject test scores of three (3) (“qualified”) or better in any advanced placement course; and
(iii) Any other relevant data as determined by the commissioner.
(18) To exercise all powers and duties of the division of higher education assistance as set forth under the terms of chapter 57 of this title.
History of Section. P.L. 1981, ch. 32, § 3; P.L. 1987, ch. 596, § 5; P.L. 1991, ch. 266, § 1; P.L. 2001, ch. 86, § 54; P.L. 2014, ch. 145, art. 20, § 5; P.L. 2015, ch. 141, art. 7, § 7; P.L. 2015, ch. 207, § 2; P.L. 2015, ch. 231, § 2; P.L. 2019, ch. 88, art. 9, § 6; P.L. 2022, ch. 155, § 2, effective June 27, 2022; P.L. 2022, ch. 156, § 2, effective June 27, 2022.
[Repealed]
History of Section. P.L. 1981, ch. 32, § 3; P.L. 1981, ch. 291, art. 13, § 1; Repealed by P.L. 1996, ch. 404, § 21, effective August 9, 1996.
All non-classified employees of the council on postsecondary education who shall have twenty (20) years, not necessarily consecutive, of service credit, these credits having been earned in either the classified, non-classified, or unclassified service or any combination of these, shall be deemed to have acquired full status in their positions as the status is defined by § 36-4-59; provided that this provision shall not apply to those employees whose base entry date is after August 7, 1996; and provided that this provision shall not apply to faculty employed by the council on postsecondary education nor shall it apply to non-classified employees who have acquired tenure as faculty.
History of Section. P.L. 1988, ch. 527, § 1; P.L. 1996, ch. 326, § 1; P.L. 2014, ch. 145, art. 20, § 5.
(a) The non-classified employees of the board of governors for higher education, except for faculty employees and except for non-classified employees already receiving longevity increases, shall be entitled to a longevity payment in the amount of five percent (5%) of base salary after ten (10) years of service and increasing to a total of ten percent (10%) of base salary after twenty (20) years of service. The provisions of this section will apply only to employees under the grade of nineteen (19). The longevity payments shall not be included in base salary.
(b) The board of governors is authorized to promulgate regulations implementing the provisions of this section.
(c) Beginning on July 1, 2011, notwithstanding any rule, regulation, or provision of the public laws or general laws to the contrary, there shall be no further longevity increases for employees of the board of governors; provided, however, for employees with longevity provisions pursuant to a collective bargaining agreement in effect on June 1, 2011, longevity increases shall cease beginning on July 1, 2011 or beginning upon the expiration of the applicable collective bargaining agreement, whichever occurs later. To the extent an employee has previously accrued longevity payments, the amount of the longevity payment earned by the employee for the last pay period in June, 2011 shall be added to the employee’s base salary as of June 30, 2011, or in the case of an employee with longevity provisions pursuant to a collective bargaining agreement in effect on June 1, 2011, the amount of the longevity payment earned by the employee for the latter of the last pay period in June or the last pay period prior to the expiration of the applicable collective bargaining agreement shall be added to the employee’s base salary as of June 30, 2011 or upon the expiration of the applicable collective bargaining agreement, whichever occurs later.
History of Section. P.L. 1988, ch. 571, § 1; P.L. 2001, ch. 86, § 54; P.L. 2011, ch. 151, art. 8, § 2.
[Repealed]
History of Section. P.L. 1981, ch. 32, § 3; Repealed by P.L. 2014, ch. 145, art. 20, § 6, effective June 19, 2014.
(a) The general assembly shall annually appropriate any sums it deems necessary for support and maintenance of higher education in the state and the state controller is authorized and directed to draw his or her orders upon the general treasurer for the payment of the appropriations or so much of the sums that are necessary for the purposes appropriated, upon the receipt by him or her of proper vouchers as the council on postsecondary education may by rule provide. The council shall receive, review, and adjust the budget for the office of postsecondary commissioner and present the budget as part of the budget for higher education under the requirements of § 35-3-4.
(b) The office of postsecondary commissioner and the institutions of public higher education shall establish working capital accounts.
(c) Any tuition or fee increase schedules in effect for the institutions of public higher education shall be received by the council on postsecondary education for allocation for the fiscal year for which state appropriations are made to the council by the general assembly; provided that no further increases may be made by the board of education or the council on postsecondary education for the year for which appropriations are made. Except that these provisions shall not apply to the revenues of housing, dining, and other auxiliary facilities at the university of Rhode Island, Rhode Island college, and the community colleges including student fees as described in P.L. 1962, ch. 257 pledged to secure indebtedness issued at any time pursuant to P.L. 1962, ch. 257 as amended.
(d) All housing, dining, and other auxiliary facilities at all public institutions of higher learning shall be self-supporting and no funds shall be appropriated by the general assembly to pay operating expenses, including principal and interest on debt services, and overhead expenses for the facilities, with the exception of the mandatory fees covered by the Rhode Island promise scholarship program as established by § 16-107-3 and the Rhode Island hope scholarship established by § 16-113-3. Any debt-service costs on general obligation bonds presented to the voters in November 2000 and November 2004 or appropriated funds from the Rhode Island capital plan for the housing auxiliaries at the university of Rhode Island and Rhode Island college shall not be subject to this self-supporting requirement in order to provide funds for the building construction and rehabilitation program. The institutions of public higher education will establish policies and procedures that enhance the opportunity for auxiliary facilities to be self-supporting, including that all faculty provide timely and accurate copies of booklists for required textbooks to the public higher educational institution’s bookstore.
(e) The additional costs to achieve self-supporting status shall be by the implementation of a fee schedule of all housing, dining, and other auxiliary facilities, including but not limited to, operating expenses, principal, and interest on debt services, and overhead expenses.
(f) The board of education is authorized to establish two (2) restricted-receipt accounts for the higher education and industry centers established throughout the state: one to collect lease payments from occupying companies, and fees from room and service rentals, to support the operation and maintenance of the facilities; and one to collect donations to support construction, operations and maintenance. All such revenues shall be deposited to the restricted-receipt accounts.
(g) Notwithstanding subsections (a) and (d) of this section or any provisions of this title, to the extent necessary to comply with the provisions of any outstanding bonds issued by the Rhode Island health and educational building corporation or outstanding lease certificates of participation, in either case, issued for the benefit of the university of Rhode Island, the community college of Rhode Island, and/or Rhode Island college, to the extent necessary to comply with the provisions of any such bonds or certificates of participation, the general assembly shall annually appropriate any such sums it deems necessary from educational and general revenues (including, but not limited to, tuition) and auxiliary enterprise revenues derived from the university of Rhode Island, the community college of Rhode Island and Rhode Island college, to be allocated by the council on postsecondary education or by the board of trustees of the university of Rhode Island, as appropriate, in accordance with the terms of the contracts with such bondholders or certificate holders.
(h) The board of education is authorized to establish a restricted-receipt account for income generated by the Rhode Island nursing education center through the rental of classrooms, laboratories, or other facilities located on the Providence campus of the nursing education center. All such revenues shall be deposited to the restricted receipt account.
(i) The board of education is authorized to establish a restricted-receipt account for the receipt and expenditure of monies received from IGT Global Solutions Corporation for the purpose of financing scholarships relating to studying science, technology, engineering, or mathematics at an accredited educational institution. This account shall be housed within the budget of the office of the postsecondary commissioner and exempt from the indirect cost recovery provisions of § 35-4-27.
History of Section. P.L. 1981, ch. 32, § 3; P.L. 1984, ch. 245, art. XVI, § 1; P.L. 1985, ch. 181, art. 8, § 1; P.L. 1986, ch. 287, art. 9, § 1; P.L. 1987, ch. 118, art. 8, § 1; P.L. 1988, ch. 129, art. 6, § 1; P.L. 1989, ch. 126, art. 6, § 1; P.L. 1990, ch. 65, art. 6, § 1; P.L. 1993, ch. 138, art. 79, § 1; P.L. 2000, ch. 55, art. 5, § 7; P.L. 2000, ch. 177, § 1; P.L. 2001, ch. 86, § 54; P.L. 2004, ch. 595, art. 5, § 7; P.L. 2004, ch. 595, art. 34, § 1; P.L. 2014, ch. 145, art. 20, § 5; P.L. 2016, ch. 142, art. 12, § 1; P.L. 2017, ch. 302, art. 3, § 2; P.L. 2018, ch. 47, art. 2, § 1; P.L. 2019, ch. 88, art. 9, § 6; P.L. 2020, ch. 80, art. 1, § 37; P.L. 2022, ch. 231, art. 2, § 1, effective July 1, 2022; P.L. 2023, ch. 79, art. 8, § 4, effective June 16, 2023.
(a) The general assembly shall annually appropriate any sums as may be necessary to create and maintain an “incentive fund for excellence”, which shall be used by the board of governors to fund program initiatives to improve the quality of the undergraduate education offered by the institutions of public higher education.
(b) The general assembly shall annually appropriate any sums as may be necessary to create and maintain a “challenge fund for management and administration improvement” to be administered by the board of governors. The board shall award grants to the institutions of public higher education on a competitive basis upon presentation of proposals designed to effect projected administrative savings of an amount equal to or more than the amount of the grant requested.
(c) Any amounts remaining at the end of any fiscal year in the funds established under subsection (a) or (b), or any amounts allocated to the institutions under these sections, may be carried forward to the next fiscal year.
(d) The board of governors shall annually report to the general assembly concerning the amounts and specific purposes and the effectiveness of all allocations made from the funds established in subsections (a) and (b).
History of Section. P.L. 1987 ch. 596, § 4.
Notwithstanding any other provision of the general or public laws to the contrary, an applicant who is a member of the armed forces or reserves of the United States and is currently stationed in Rhode Island shall be exempt from paying nonresident tuition at Rhode Island public universities, colleges or community colleges. The council on postsecondary education shall prescribe rules and regulations as may be necessary for the implementation of this section.
History of Section. P.L. 2017, ch. 411, § 1.
Notwithstanding any other provision of the general or public laws:
(1) A student, other than a nonimmigrant alien within the meaning of 8 U.S.C. § 1101(a)(15), who meets all of the following requirements shall be exempt from paying nonresident tuition at Rhode Island public universities, colleges, or community colleges, if he or she:
(i) Attended an approved Rhode Island high school for three (3) or more consecutive years;
(ii) Continues to reside in the state of Rhode Island;
(iii) Has graduated from an approved Rhode Island high school or received a high school equivalency diploma from the state of Rhode Island;
(iv) Has filed, or will file, upon matriculation, with the Rhode Island public university, college, or community college of expected attendance, an affidavit stating that:
(A) The student meets the requirements of subsections (1)(i) and (1)(ii) of this section; and
(B) If the student is not a United States citizen and does not have a lawful immigration status, that the student has filed an application for lawful immigration status, or will file the application as soon as the student is eligible to do so. The affidavit shall not require students to reveal their immigration or citizenship status.
(2) Any nonimmigrant foreign national student, who has resided in Rhode Island for three (3) years and has attended a Rhode Island high school for three (3) years, will be eligible to pay the same in-state tuition as any other Rhode Island student.
(3) Identifiable student information obtained pursuant to subsection (1) of this section shall be confidential to the extent provided by state and federal law (including the federal Family Educational Rights and Privacy Act (FERPA)). If information obtained pursuant to this section regarding a student’s immigration status is provided to any agency for purposes other than the implementation of this section, the entity providing the information shall promptly notify the student.
(4) The Rhode Island council for postsecondary education shall prescribe rules and regulations as may be necessary for the implementation of this section.
History of Section. P.L. 2021, ch. 346, § 1, effective July 12, 2021; P.L. 2021, ch. 365, § 1, effective July 12, 2021.
No provision of this chapter shall be construed to impair academic freedom or academic governance at any institution under the jurisdiction of the board of governors, nor to divest any faculty member of the institution of tenure, retirement or other right or benefit to which the member may now be entitled.
History of Section. P.L. 1981, ch. 32, § 3.
The council on postsecondary education shall have power to investigate all transactions and matters relating to higher public education in the state, including those required pursuant to an interstate, distance-learning reciprocity agreement, and to summon witnesses, administer oaths, and to require testimony and the production of records in like manner and to the same extent as a court of law.
History of Section. P.L. 1981, ch. 32, § 3; P.L. 2015, ch. 207, § 2; P.L. 2015, ch. 231, § 2.
The provisions of the Administrative Procedures Act, chapter 35 of title 42, shall not apply to this chapter.
History of Section. P.L. 1981, ch. 32, § 3.
Where in this chapter the phrase “public colleges” or “public institutions of higher learning” or “public tax supported institutions of higher learning” or words of similar import are used they shall be taken to mean Rhode Island college, and the community college of Rhode Island, or any other of these public colleges, public institutions of higher learning, or public tax supported institutions of higher learning other than the university of Rhode Island, which may be created, individually or collectively, as appropriate.
History of Section. P.L. 1981, ch. 32, § 3; P.L. 2019, ch. 88, art. 9, § 6.
The provisions of repealed §§ 16-31-8, 16-31-9, 16-31-10, 16-31-11, and 16-31-13 previously pertinent to the board of trustees of state colleges and made applicable to the board of governors for education are made applicable to the board of governors for higher education; provided, that § 16-59-23 shall not apply to members of the general assembly in their capacity as members of the board of governors.
History of Section. P.L. 1981, ch. 32, § 3; P.L. 1988, ch. 84, § 12; P.L. 1993, ch. 422, § 4; P.L. 1994, ch. 14, § 4.
This chapter shall be construed liberally in aid of its declared purposes.
History of Section. P.L. 1981, ch. 32, § 3.
Whenin any law, resolution, document, record, instrument, proceeding, or other place the words “board of trustees of state colleges” or “boards of regents for education” as they shall apply to higher education shall appear, they shall be construed to mean “board of governors for higher education”.
History of Section. P.L. 1981, ch. 32, § 3.
If any provision of this chapter or of any rule or regulation made under this chapter, or its application to any person or circumstance is held invalid by a court of competent jurisdiction, the remainder of the chapter, rule, or regulation and the application of the provision to other persons or circumstances shall not be affected by this invalidity. The invalidity of any section or sections or parts of any section or sections shall not affect the validity of the remainder of the chapter.
History of Section. P.L. 1981, ch. 32, § 3.
(a) All receipts from all sources other than state appropriations shall not be covered into the general fund of the state, but shall be kept by the general treasurer of the state in a separate fund for the council on postsecondary education, and shall be paid out by the treasurer upon the order of the council, without the necessity of appropriation or re-appropriation by the general assembly.
(b) The council on postsecondary education shall ensure that state colleges have a structure in place to prohibit these colleges from accepting funds that would interfere with or restrict academic freedom at the state colleges. Nothing contained in this subsection shall be construed in a way as to prohibit a donor from earmarking funds for a particular purpose or use including but not limited to research, scholarships, construction, or development.
History of Section. P.L. 1988, ch. 84, § 122; P.L. 1999, ch. 235, § 1; P.L. 2019, ch. 88, art. 9, § 6.
The treasurer of Rhode Island college to be appointed by the council on postsecondary education, shall keep an accurate account of his or her receipts and expenditures which shall be audited by the state controller in accordance with law. The treasurer of each college shall turn over to the general treasurer at monthly intervals all sums of money received by him or her during the preceding month which shall be credited to the proper accounts and funds by the general treasurer. The state controller shall establish an imprest fund or petty cash fund for the use of the treasurer of each of the colleges for expenditures of any nature as may be approved by the state controller.
History of Section. P.L. 1988, ch. 84, § 122; P.L. 2019, ch. 88, art. 9, § 6.
The pre-audit of all expenditures under authority of the board by the state controller provided for in § 35-6-1 shall be purely ministerial, concerned only with the legality of the expenditure and the availability of the funds, and in no event shall the state controller interpose his or her judgment regarding the wisdom or expediency of any item or items of expenditure.
History of Section. P.L. 1988, ch. 84, § 122.
In order that the board of governors for higher education may control the personnel and equipment of the state colleges in the interest of educational efficiency, the board and the colleges are excepted from the provisions of subsection (a)(5) of § 35-3-1 relating to the employment of personnel, and from that part of § 42-20-8 which relates to the director of administration.
History of Section. P.L. 1988, ch. 84, § 122.
(a) The appointment, promotion, salaries, tenure, and dismissal of administrative, instructional, and research employees, and secretarial employees not exceeding ten (10) in number, and armed college police officers of the state colleges shall not be subject in any manner or degree to control by the personnel administrator or by any officer or board other than the council on postsecondary education.
(b) All positions that are exempt from the merit system law, chapter 4 of title 36, which become vacant or that are to be established, must be forwarded to the personnel administrator, who, in consultation with the deputy assistant commissioner of education in charge of personnel and labor relations, shall determine whether the position(s) in question shall remain in the council on postsecondary education non-classified service or be established in the classified service of the state.
(c) No position presently in the classified service of the state subject to the merit system law, chapter 4 of title 36, shall be changed or modified so as to establish the position in the council on postsecondary education non-classified service.
(d) Faculty positions, presidents, vice presidents, deans, assistant deans, and student employees of the higher-education institutions shall not be covered by the preceding provisions and shall remain in the council on postsecondary education non-classified service.
History of Section. P.L. 1988, ch. 84, § 122; P.L. 2014, ch. 145, art. 20, § 5; P.L. 2016, ch. 391, § 1; P.L. 2016, ch. 405, § 1; P.L. 2019, ch. 88, art. 9, § 6.
No member of the board of governors for higher education shall be employed in any position under the jurisdiction of the board, nor contract in any manner for any purpose with the board; nor shall the board purchase, sell, or lease any land, property, or supplies from or to any firm or business association of which any member of the board is owner, part owner, or officer or director. No person related by consanguinity or affinity in the first degree to any member of the board shall be employed in any capacity under the board’s jurisdiction.
History of Section. P.L. 1988, ch. 84, § 122.
(a) The board of governors shall develop a policy, commitments, and procedures for students with disabilities setting forth the steps necessary to ensure that all public colleges, as defined in § 16-59-13, are accessible to persons with disabilities.
(b) The plan shall be substantially identical to the plan adopted by Rhode Island College and shall consider all persons’ with disabilities needs and shall adopt reasonable accommodations necessary to achieve equal participation in educational opportunities.
(c) The state building code standards committee shall adopt an accessibility for people with disabilities standard for public colleges that includes provisions ensuring that public colleges are accessible to and usable by all persons with disabilities.
History of Section. P.L. 1990, ch. 236, § 1; P.L. 1999, ch. 83, § 36; P.L. 1999, ch. 130, § 36.
The admissions offices of all state institutions of higher learning shall include in the admissions information provided to state residents forms for voter registration as described in § 17-9.1-9 to be provided by the state board of elections.
History of Section. P.L. 1998, ch. 338, § 1.
(a) In order to better maintain voter registration files, all institutions of higher education shall, on or before August 15th of each year, electronically transmit a text file or database to the secretary of state containing the names and current addresses of those students who have graduated that year and for whom public directory information is available. Within fifteen (15) days of the receipt of the file or database, the secretary of state may send a letter to each such student requesting verification as to whether such student intends to continue to reside in the State of Rhode Island.
(b) The letter shall:
(1) Request the student, if he or she has moved to a new address within Rhode Island, to complete a form, enclosed with the letter, allowing him or her to provide a new address for re-registration purposes;
(2) Request the student, if he or she has moved to a new address outside of Rhode Island, to so advise the secretary of state on a form enclosed with the letter, authorizing his or her removal from the voter registration list;
(3) Remind the student to re-register at a new address if he or she subsequently moves from their current address; and
(4) Make clear that the request for information is strictly voluntary, that the student has no obligation to respond to the letter, and that no student shall be removed from the voter registration list unless such student responds to the mailing and authorizes his or her removal from the voter registration list.
(c) Mailings conducted pursuant to this section shall not seek address correction from the postal service. In the event that a letter is nonetheless returned as undeliverable to the address where the letter was sent, it shall not serve as a basis for initiating the confirmation process established in § 17-9.1-26.
(d) The form letter used by the secretary of state to implement this provision shall be adopted in accordance with the rule-making provisions of chapter 35 of title 42 (The “Administrative Procedures Act”).
History of Section. P.L. 2011, ch. 273, § 1; P.L. 2011, ch. 302, § 1.
(a) Purpose. The state of Rhode Island recognizes that research is a primary mission of an institution of higher education. While carrying out its research mission, the state further recognizes that inventions of value to the public will be made by persons working in its public institutions of higher education. The marketing of these inventions will contribute to job creation and to the overall economic well-being of the state of Rhode Island and the nation. It is accordingly the policy of the state to encourage such inventors and inventions and to take appropriate steps to aid the inventor and ensure that the public receives the benefit. In facilitating this policy, the state recognizes the need for cooperation between governmental agencies, private industries, and the inventors themselves.
(b) Definitions. The following words and phrases used in this section have the following meaning:
(1) “Conflict of interest policies and procedures relating to research and development” refers to policies and procedures adopted by the council on postsecondary education, or as it pertains to the university of Rhode Island, the board of trustees, in consultation with the Rhode Island ethics commission, and approved by the Rhode Island ethics commission;
(2) “Relationship” includes any interest, service, employment, gift, or other benefit or relationship;
(3) “Research or development” means basic or applied research or development, including:
(i) The development or marketing of university-owned technology;
(ii) The acquisition of services of an official or employee, by an entity for research and development purposes;
(iii) Participation in state economic development programs; or
(iv) The development or marketing of any technology on the premises of a public institution of higher education by an official or employee of the institution.
(c) Policy.
(1) The council on postsecondary education, or as it pertains to the university of Rhode Island, the board of trustees shall develop conflict of interest policies and procedures based on the purposes expressed in R.I. Const., Art. III, Sec. VII, § 36-14-1, and in this section.
(2) The council on postsecondary education, or as it pertains to the university of Rhode Island, the board of trustees, shall consult with the Rhode Island ethics commission in developing these policies and procedures and shall submit them to the Rhode Island ethics commission for approval in order to insure conformity with the purposes expressed in R.I. Const., Art. III, Sec. VII, § 36-14-1, and in this section.
(d) Policy standards. The policies and procedures adopted by the council on postsecondary education, or as it pertains to the university of Rhode Island, the board of trustees under subsection (c) of this section shall:
(1) Require disclosure of any interest in, or employment by, or other relationship with an entity for which an exemption under this section is claimed, on a form filed with the ethics commission and the council on postsecondary education, or as it pertains to the university of Rhode Island, the board of trustees and maintained as a public record at the commission offices, the office of higher education, and at the interested public institution of higher education;
(2) Require review of all disclosures by a designated official or officials, who shall determine what further information must be disclosed and what restrictions shall be imposed by the council on postsecondary education, or as it pertains to the university of Rhode Island, the board of trustees to manage, reduce, or eliminate any actual or potential conflict of interest;
(3) Include guidelines to ensure that interests and employment for which an exemption under this section is claimed do not improperly give an advantage to entities in which the interests or employment are maintained, lead to misuse of institution students or employees for the benefit of entities in which the interests or employment are maintained, or otherwise interfere with the duties and responsibilities of the exempt official or employee;
(4) Require approval by the president of the public institution of higher education of any interest or employment for which an exemption is claimed under this section; and
(5) Require approval by the council on postsecondary education, or as it pertains to the university of Rhode Island, the board of trustees.
(e) Relationship permitted. An official or employee at a public institution of higher education may have a relationship, that would otherwise be prohibited by the Rhode Island code of ethics in government, with an entity engaged in research or development, or with an entity having a direct interest in the outcome of research or development, only if the council on postsecondary education, or as it pertains to the university of Rhode Island, the board of trustees has adopted policies and procedures in accordance with this section, and the official or employee has complied with the policies and procedures. If the provisions of this section are not met, the official or employee is not exempt from any relevant provisions of the Rhode Island code of ethics in government.
(f) Annual reporting. The council on postsecondary education, or as it pertains to the university of Rhode Island, the board of trustees shall report annually to the governor, the president of the senate and the speaker of the house of representatives, and the ethics commission the number of approvals granted under this section and how the conflict of interest policies and procedures adopted pursuant to this section have been implemented in the preceding year.
(g) Person not eligible. An official or employee who is a president, or vice-president at a public institution of higher education in Rhode Island may not receive an exemption under this section.
(h) Ethics commission review. The council on postsecondary education, or as it pertains to the university of Rhode Island, the board of trustees, shall promptly notify the ethics commission in writing of any exemption that is granted under this section. If the ethics commission disagrees with an exemption that is granted pursuant to this section and the conflict of interest policies and procedures relating to research and development adopted by the council on postsecondary education, within thirty (30) calendar days after the receipt of the notice described in this section, the ethics commission shall notify the council on postsecondary education reason for its concern. Upon receipt of such notice from the ethics commission, the council on postsecondary education, or as it pertains to the university of Rhode Island, the board of trustees shall cause the matter to be re-examined at an open and public meeting pursuant to § 42-46-1 et seq.
History of Section. P.L. 2003, ch. 154, § 1; P.L. 2003, ch. 158, § 1; P.L. 2019, ch. 88, art. 9, § 6.
(a) The purchase and sale of academic degrees wherein the degree is obtained on the basis of a combination of a payment of a fee and the attainment of academic credit for so-called life experiences, without the applicant undertaking any academic coursework at the entity or institution purporting to issue the degree, shall be prohibited. Provided, this section shall not prohibit an award of academic credit for work experience or other so-called “life experience” as part of a program to obtain a degree in higher education, but shall prohibit the award of such degree solely on the basis of such experience.
(b) Pursuant to its investigative powers under § 16-59-11, the board of governors shall investigate persons and entities brought to the board’s attention that purport to offer academic degrees in violation of this section. By way of direction, and as a guide in enforcing this section, the general assembly notes that higher education can take many forms, and it is not the intent of this section to curtail or limit academic freedom and/or the use of alternative methods of instruction that deviate from traditional norms. Rather, the intent of this section is to prohibit the awarding and attainment of academic degrees primarily on the basis of purchase and sale, and to prevent the fraudulent use of life and work experience to attain academic credit.
History of Section. P.L. 2007, ch. 405, § 1.
[Repealed]
History of Section. P.L. 2009, ch. 202, § 3; P.L. 2009, ch. 203, § 3; P.L. 2010, ch. 63, § 1; P.L. 2010, ch. 75, § 1; Repealed by P.L. 2019, ch. 88, art. 9, § 7, effective February 1, 2020.
(a) There is created a council on elementary and secondary education which shall be and is constituted a public corporation, empowered to sue and be sued in its own name, to have a corporate seal, and to exercise all the powers, in addition to those specifically enumerated in this chapter, usually appertaining to public corporations entrusted with control of elementary and secondary education institutions and functions. The council on elementary and secondary education shall be protected from sudden changes in membership and reversal of policy by having staggered terms for its public members.
(b) Upon its organization the council on elementary and secondary education shall be invested with the legal title (in trust for the state) to all property, real and personal, now owned by and/or under the control or in the custody of the board of regents for education for the use of the department of elementary and secondary education. The council on elementary and secondary education is made successor to all powers, rights, duties, and privileges pertaining to elementary and secondary education.
(c) The council on elementary and secondary education is made successor to all powers, rights, duties, and privileges formerly belonging to the board of regents for elementary and secondary education, unless otherwise specified in law.
History of Section. P.L. 1981, ch. 32, § 3; P.L. 1981, ch. 291, art. 13, § 2; P.L. 1999, ch. 48, § 2; P.L. 1999, ch. 124, § 2; P.L. 2005, ch. 117, art. 21, § 18; P.L. 2006, ch. 8, § 2; P.L. 2006, ch. 28, § 2; P.L. 2012, ch. 291, § 1; P.L. 2012, ch. 341, § 1; P.L. 2014, ch. 145, art. 20, § 7.
(a) The governor shall establish the council on elementary and secondary education by appointing eight (8) 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) 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) council members.
(b) In addition to the eight (8) members appointed by the governor, the Rhode Island teacher of the year shall serve on the council on elementary and secondary education pursuant to § 16-97-1(c) and (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 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 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.
History of Section. P.L. 1981, ch. 32, § 3; P.L. 1986, ch. 227, § 2; P.L. 1988, ch. 533, § 1; P.L. 2001, ch. 86, § 55; P.L. 2006, ch. 8, § 2; P.L. 2006, ch. 28, § 2; P.L. 2012, ch. 291, § 1; P.L. 2012, ch. 341, § 1; P.L. 2014, ch. 145, art. 20, § 7; P.L. 2023, ch. 373, § 1, effective June 27, 2023; P.L. 2023, ch. 374, § 1, effective June 27, 2023.
Public members of the board of regents shall be removable by the governor for cause only, and removal solely for partisan or personal reasons unrelated to capacity or fitness for the office shall be unlawful. No removal shall be made for any cause except after ten (10) days’ notice in writing of specific charges, with opportunity for the member to be present in person and with counsel at a public hearing before the governor, to introduce witnesses and documentary evidence in the member’s own defense, and to confront and cross-examine adversary witnesses; and appeal shall lie to the superior court from the governor’s determination.
History of Section. P.L. 1981, ch. 32, § 3.
(a) The council on elementary and secondary education shall have in addition to those enumerated in § 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 § 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 § 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 §§ 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 § 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 § 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 § 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 § 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 §§ 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, § 7].
(b) The council shall identify the benefit to students regarding the action that is taken in executing its duties.
History of Section. P.L. 1981, ch. 32, § 3; P.L. 1981, ch. 291, art. 13, § 2; P.L. 1988, ch. 336, § 2; P.L. 1988, ch. 642, § 3; P.L. 1993, ch. 393, § 1; P.L. 1995, ch. 85, § 1; P.L. 1995, ch. 370, art. 40, § 47; P.L. 1996, ch. 100, art. 22, § 4; P.L. 1996, ch. 239, § 1; P.L. 1996, ch. 404, § 23; P.L. 1999, ch. 207, § 1; P.L. 2006, ch. 8, § 2; P.L. 2006, ch. 28, § 2; P.L. 2014, ch. 145, art. 20, § 7; P.L. 2017, ch. 275, § 2; P.L. 2017, ch. 292, § 2.
The board of regents shall have in addition to all the powers enumerated in § 16-60-1 and § 16-60-4 the authority to develop guidelines for issuing high school diplomas for World War II and Korean War veterans who left school early to fight in World War II or the Korean War. The board of regents shall develop and make available an application and a model diploma. The high school diploma shall be available to all veterans who left school in any grade to fight in World War II or the Korean War.
History of Section. P.L. 2001, ch. 108, § 1; P.L. 2002, ch. 230, § 1.
(a) The regents shall hold regular meetings at least twice in each quarter of each calendar year. All meetings of the board of regents for elementary and secondary education shall be open to the public, provided that executive sessions may be held as subordinate parts of public meetings. Every February at a time and place to be determined by the regents, the regents shall hold a meeting to which it shall invite the entire membership of the general assembly. At least thirty (30) days’ written notice of the annual meeting shall be furnished to each invitee, which notice shall include an agenda of the meeting, which agenda shall include but not be limited to the budget submitted for the fiscal year beginning July 1 of the next fiscal period.
(b) In addition to other meetings, the regents shall hold at least one regular public meeting annually with representatives of the Rhode Island League of Cities and Towns, the Rhode Island Association of School Committees, the Rhode Island School Superintendent’s Association, the Rhode Island Principal’s Association, the National Education Association of Rhode Island and the Rhode Island Federation of Teachers, for the purposes of obtaining their recommendations and comments regarding education policy and programs, and securing information from representatives of these organizations concerning the effectiveness of educational programs and policies, and considering any other mutually agreeable subjects.
History of Section. P.L. 1981, ch. 32, § 3; P.L. 1988, ch. 642, § 3.
The council on elementary and secondary education, with the advice and consent of the board of education, shall appoint a commissioner of elementary and secondary education who shall serve at the pleasure of the council on elementary and secondary education, provided that the commissioner’s initial engagement by the council shall be for a period of not more than three (3) years. The position of commissioner shall be in the unclassified service of the state and he or she shall serve as the chief executive officer of the council on elementary and secondary education and as the chief administrative officer of the department of elementary and secondary education. The commissioner of elementary and secondary education shall have the duties that are defined in this section and in this title and any other additional duties that may be determined by the council on elementary and secondary education, and shall perform any other duties that may be vested in the commissioner by law. In addition to the general supervision of the department of elementary and secondary education and the appointment of the several officers and employees of the department, it shall be the duty of the commissioner of elementary and secondary education:
(1) To develop and implement a systematic program of information gathering, processing, and analysis addressed to every aspect of elementary and secondary education in the state, especially as that information relates to current and future educational needs.
(2) To prepare a master plan for elementary and secondary education in the state; to coordinate the goals and objectives of the public elementary and secondary education sector with the activities of the nonpublic elementary and secondary education sector where feasible.
(3) To communicate with and seek the advice of those concerned with and affected by the board of education’s and the council’s determinations.
(4) To implement broad policy as it pertains to the goals and objectives established by the board of education; to enforce standards and to exercise general supervision over public elementary and secondary education in the state and over all elementary and secondary nonpublic education in the state as provided in subsection (8) of this section; to assist in the preparation of the budget for elementary and secondary education and to be responsible upon direction of the council on elementary and secondary education for the allocation of appropriations, the acquisition, holding, disposition, and general management of property.
(5) To be responsible for the coordination of the various elementary and secondary educational functions among the educational agencies of the state, including local school districts, and to encourage and to assist in the cooperation among them so that maximum efficiency and economy may be achieved.
(6) To assist the council on elementary and secondary education in the preparation and presentation annually to the state budget officer, in accordance with § 35-3-4, of a total state elementary and secondary educational budget that shall include, but not be limited to, the budget of the department of elementary and secondary education, subcommittees and agencies, and state aid to local school districts.
(7) To supervise the operation of the department of elementary and secondary education; to have the duties as defined in § 16-1-5 and in this title or in law wherever outlined; and other additional duties and responsibilities that may be assigned by the council on elementary and secondary education.
(8) To perform the duties vested in the board of education and council on elementary and secondary education with relation to nonpublic elementary and secondary educational institutions within the state under the terms of chapter 40 of this title, and other laws that affect nonpublic elementary and secondary education in the state.
(9) To supervise the following specific functions:
(i) To recommend the basic subjects and courses of study to be taught and instructional standards to be maintained in the public elementary and secondary schools in the state.
(ii) To recommend standards and qualifications of teachers and to issue certificates upon approval of standards and qualifications by the council on elementary and secondary education.
(iii) To distribute state school funds in accordance with law and regulations of the council on elementary and secondary education.
(iv) To certify as to the necessity of school construction and that standards and design are in accordance with law and regulations of the council on elementary and secondary education and to approve a design for school construction throughout the state.
(v) To certify that school library standards and services are in accordance with law and regulations of the council on elementary and secondary education.
(vi) To recommend to the council on elementary and secondary education relating to the transportation of pupils to school.
(vii) To require the observance of all laws relating to elementary and secondary schools and education.
(viii) To interpret school law and to decide any controversies that may be appealed to him or her from decisions of local school committees.
(ix) To prepare and recommend standard forms for the use of local schools when reporting to the department of elementary and secondary education.
(x) To prepare standard accounting and auditing procedures for local school districts, except for the purposes of § 16-24-2(3) which shall be done in conjunction with the auditor general.
(xi) To prepare uniform budgeting procedures for local school districts.
(xii) To determine when special purpose grants made to local school districts shall be eligible for reimbursement through the school operations aid formula in accordance with chapter 7 of this title, and to designate the purpose(s) for which the local school district may use the school operations aid reimbursement, including reimbursement on local matching funds used to support the special purpose grant. The commissioner shall promulgate and adopt rules and regulations to carry out the intent of this subsection.
(10) To approve and accredit elementary and secondary schools in accordance with the policy and regulations of the council on elementary and secondary education.
(11) To be responsible for the administration of policies, rules, and regulations of the board of education and the council on elementary and secondary education with relation to the entire field of elementary and secondary education within the state not specifically granted to any other department, board, or agency and not incompatible with law.
(12) To receive from law enforcement agencies a list periodically of the names of Rhode Island missing children and to disseminate these lists to local school districts.
History of Section. P.L. 1981, ch. 32, § 3; P.L. 1981, ch. 291, art. 13, § 2; P.L. 1985, ch. 75, § 1; P.L. 1988, ch. 336, § 2; P.L. 1988, ch. 584, § 1; P.L. 1990, ch. 483, § 1; P.L. 2014, ch. 145, art. 20, § 7; P.L. 2019, ch. 224, § 5; P.L. 2019, ch. 259, § 5.
(a) The board of regents shall maintain a department of elementary and secondary education which shall perform the research, administrative, and instructional functions and duties, including technical assistance and statewide educational information services for local school districts, required of the regents by the provisions of this chapter. Within that department the appointment, promotion, salaries, term of service, and dismissal of all professional employees, including instructional and research employees, administrative employees, and secretaries shall be at the pleasure of the commissioner of elementary and secondary education except that the regents shall approve all assistant commissioners; all professional employees, including instructional and research employees, and administrative employees may be initially engaged under contract for not more than two (2) years. All professional employees, including instructional and research employees, and administrative employees shall not be in the classified service of the state nor be subject in any manner of control by the personnel administrator or by any officer or board other than the commissioner of elementary and secondary education; provided, that all permanent appointments of the commissioner to vacant, reestablished or newly established positions shall be subject to approval by the Emergency Hiring Council established by Executive Order 95-2. All appointments to positions at state operated schools shall be exempt from the preceding requirement provided that total full time equivalent positions are within the authorized cap and all these personnel are assigned exclusively to the schools. The hiring of individuals on a contract basis shall be subject to state purchasing requirements. All non-classified employees of the board of regents who shall have twenty (20) years, not necessarily consecutive, of service credit, these credits having been earned in either the classified, non-classified, or unclassified service or any combination of these, shall be deemed to have acquired full status in their positions as the status is defined by § 36-4-59; provided, that this provision shall not apply to those employees whose base entry date is after August 7, 1996; and provided that this provision shall not apply to faculty employed by the board of regents nor shall it apply to non-classified employees who have acquired tenure as faculty. Employees who had permanent status prior to May 7, 1981, shall continue to retain their status. Persons employed by the department on February 1, 1974, in either the classified or unclassified service and who were receiving longevity payments on or before February 1, 1974, shall continue to be eligible for longevity benefits upon transfer to the non-classified service within the department.
(b) The table of organization, as submitted by the commissioner of elementary and secondary education, together with the pay ranges, shall be subject to approval by the board of regents.
(c) Nothing in this section shall be deemed to limit or interfere with the rights of professional, administrative, and secretarial employees of the department of education to collectively bargain pursuant to chapter 11 of title 36 and chapter 7 of title 28 over all terms and conditions of employment including, but not limited to, salaries, terms of service, and dismissal, or to allow the commissioner or the department to abrogate any agreement reached by collective bargaining.
History of Section. P.L. 1981, ch. 32, § 3; P.L. 1981, ch. 291, art. 13, § 2; P.L. 1988, ch. 316, § 1; P.L. 1988, ch. 336, § 2; P.L. 1989, ch. 530 § 1; P.L. 1996, ch. 100, art. 22, § 4; P.L. 1996, ch. 326, § 2; P.L. 2025, ch. 200, § 1, effective June 26, 2025; P.L. 2025, ch. 201, § 1, effective June 26, 2025.
(a) The department of elementary and secondary education shall establish, maintain, and operate, in accordance with the guidelines of the board of advisors created pursuant to subsection (b) of this section, a training and resource center to serve as a source of information regarding training and resources for early childhood and child care professionals which would:
(1) Provide information regarding requirements and/or sources for licensure, approval, and certification;
(2) Provide information regarding sources of training to meet specific needs;
(3) Maintain contact with professional organizations, state departments, higher education institutions, and other resources for training;
(4) Develop a newsletter for dissemination of vital information regarding topics as department of health alerts, changes in department of human services programs, and eligibility criteria for persons seeking child care;
(5) Develop and conduct training for which no identified training source currently exists;
(6) Develop a speakers’ bureau;
(7) Maintain a calendar of events for early childhood/child care professionals; and
(8) Provide any other services that the board of advisors shall deem necessary.
(b) To guide the department in the establishment, location, maintenance, and operation of the training and resource center, the department shall establish a board of advisors consisting of representatives from each of the following agencies, departments, professional associations, and educational institutions: department of children, youth, and families; department of human services; department of elementary and secondary education; department of health; Rhode Island Association for the Education of Young children; Rhode Island Early Childhood Resource Center; Rhode Island Association for Home Day Care; Rhode Island Day Care Director’s Association; Association for Childhood Education, Providence area; Rhode Island Head Start Director’s Association; Community College of Rhode Island; Rhode Island College; the University of Rhode Island; and any other agencies, departments, institutions, and associations as the advisory board shall prescribe.
History of Section. P.L. 1987, ch. 364, § 1; P.L. 1987, ch. 509, § 1; P.L. 1988, ch. 84, § 13.
(a) The non-classified employees of the board of regents for elementary and secondary education, except for non-classified employees already receiving longevity increases, shall be entitled to a longevity payment in the amount of five percent (5%) of base salary after ten (10) years of service and increasing to a total of ten percent (10%) of base salary after twenty (20) years of service. The provisions of this section shall apply only to employees under the grade of nineteen (19). The longevity payments shall not be included in base salary.
(b) The board of regents is authorized to promulgate regulations implementing the provisions of this section.
(c) Beginning on July 1, 2011, notwithstanding any rule, regulation, or provision of the public laws or general laws to the contrary, there shall be no further longevity increases for employees of the board of regents for elementary and secondary education; provided, however, for employees with longevity provisions pursuant to a collective bargaining agreement in effect on June 1, 2011, longevity increases shall cease beginning on July 1, 2011 or beginning upon the expiration of the applicable collective bargaining agreement, whichever occurs later. To the extent an employee has previously accrued longevity payments, the amount of the longevity payment earned by the employee for the last pay period in June, 2011 shall be added to the employee’s base salary as of June 30, 2011, or in the case of an employee with longevity provisions pursuant to a collective bargaining agreement in effect on June 1, 2011, the amount of the longevity payment earned by the employee for the latter of the last pay period in June or the last pay period prior to the expiration of the applicable collective bargaining agreement shall be added to the employee’s base salary as of June 30, 2011 or upon the expiration of the applicable collective bargaining agreement, whichever occurs later.
History of Section. P.L. 1988, ch. 571, § 3; P.L. 2001, ch. 86, § 55; P.L. 2011, ch. 151, art. 8, § 3.
(a) The department of elementary and secondary education, together with the department of administration, is authorized to develop and implement a voluntary statewide purchasing system for all public schools in this state, including regional school districts. Said system may be utilized for the purchase of all goods, supplies and services to support and enhance public school operations under a statewide contract, and shall include, but not be limited to, the following goods, supplies and services:
(1) General school supplies such as paper goods, office supplies, textbooks and cleaning products that are or may be utilized by school departments;
(2) Telecommunications, wireless services, computer equipment, hardware and software that have been identified by local school departments as needed to support curriculum objectives;
(3) General non-medical and dental insurance products and services; provided however, that the statewide purchasing system shall permit districts to establish their own benefit and coverage levels.
(b) Notwithstanding the provisions of any general or public law to the contrary, including the provisions of chapter 2 of title 37, the department of elementary and secondary education and local and regional school districts are authorized to participate in purchasing collaboratives, consisting of two (2) or more states. Said participation shall be subject to prior approval of the chief purchasing officer and rules and regulations promulgated by the department.
History of Section. P.L. 2010, ch. 23, art. 13, § 5.
The general assembly shall annually appropriate any sums as it deems necessary for support and maintenance of elementary and secondary education in the state and the state controller is authorized and directed to draw his or her orders upon the general treasurer for the payment of those appropriations or so much of this sum as may be necessary for the purposes appropriated, upon the receipt by the controller of proper vouchers as the board of regents for elementary and secondary education may by rule provide. The regents shall receive, review, and adjust the budget of its several subordinate committees and agencies and present the budget as part of the budget for elementary and secondary education.
History of Section. P.L. 1981, ch. 32, § 3; P.L. 1981, ch. 291, art. 13, § 2; P.L. 1996, ch. 100, art. 22, § 4.
The regents shall apply for recovery of indirect cost when recovery is permissible under federal statute and grant regulations. All funds received for indirect costs recovery shall be turned over to the general treasurer and shall be placed in a restricted account for specific purposes designated by the regents. The regents shall annually report to the general assembly the estimated amount of federal indirect cost recoveries for the next fiscal year together with the intended use of the funds.
History of Section. P.L. 1985, ch. 324, § 1.
The board of regents shall have the power to investigate all transactions and matters relating to public elementary and secondary education in the state and to summon witnesses, administer oaths, and to require testimony and the production of records in the same manner and to the same extent as a court of law.
History of Section. P.L. 1981, ch. 32, § 3; P.L. 1981, ch. 291, art. 13, § 2.
The provisions of §§ 42-35-1 through 42-35-8 shall apply to this chapter.
History of Section. P.L. 1981, ch. 32, § 3; P.L. 1997, ch. 305, § 1.
This chapter shall be construed liberally in aid of its declared purpose.
History of Section. P.L. 1981, ch. 32, § 3.
When in any law, resolution, document, record, instrument, proceeding, or other place the words “board of education,” “state board of education,” or “board of regents for education” as they shall apply to elementary and secondary education shall appear they shall be construed to mean “board of regents for elementary and secondary education”.
History of Section. P.L. 1981, ch. 32, § 3; P.L. 1981, ch. 291, art. 13, § 2.
If any provision of this chapter or of any rule or regulation made under it, or its application to any rule or regulation made under it, or its application to any person or circumstance, is held invalid by a court of competent jurisdiction, the remainder of the chapter, rule, or regulation and the application of that provision to other persons or circumstances shall not be affected the invalidity. The invalidity of any section or sections or parts of any section or sections shall not affect the validity of the remainder of the chapter.
History of Section. P.L. 1981, ch. 32, § 3.
[Repealed]
History of Section. P.L. 1981, ch. 32, § 4; Repealed by P.L. 2013, ch. 144, art. 7, § 1, effective July 1, 2013.
[Repealed]
History of Section. P.L. 1981, ch. 32, § 4; Repealed by P.L. 2013, ch. 144, art. 7, § 1, effective July 1, 2013.
[Repealed]
History of Section. P.L. 1981, ch. 32, § 4; P.L. 2006, ch. 14, § 7; P.L. 2006, ch. 16, § 7; Repealed by P.L. 2013, ch. 144, art. 7, § 1, effective July 1, 2013.
[Repealed]
History of Section. P.L. 1981, ch. 32, § 4; P.L. 1982, ch. 441, § 1; P.L. 2001, ch. 86, § 56; P.L. 2005, ch. 117, art. 21, § 19; P.L. 2006, ch. 14, § 7; P.L. 2006, ch. 16, § 7; Repealed by P.L. 2013, ch. 144, art. 7, § 1, effective July 1, 2013.
[Repealed]
History of Section. P.L. 1981, ch. 32, § 4; Repealed by P.L. 2013, ch. 144, art. 7, § 1, effective July 1, 2013.
[Repealed]
History of Section. P.L. 1981, ch. 32, § 4; P.L. 1986, ch. 287, art. 8, § 1; P.L. 2006, ch. 14, § 7; P.L. 2006, ch. 16, § 7; P.L. 2006, ch. 590, § 1; Repealed by P.L. 2013, ch. 144, art. 7, § 1, effective July 1, 2013.
[Repealed]
History of Section. P.L. 2006, ch. 590, § 2; Repealed by P.L. 2013, ch. 144, art. 7, § 1, effective July 1, 2013.
[Repealed]
History of Section. P.L. 1981, ch. 32, § 4; P.L. 1986, ch. 287, art. 8, § 1; Repealed by P.L. 2013, ch. 144, art. 7, § 1, effective July 1, 2013.
[Repealed]
History of Section. P.L. 1981, ch. 32, § 4; Repealed by P.L. 2013, ch. 144, art. 7, § 1, effective July 1, 2013.
[Repealed]
History of Section. P.L. 1988, ch. 571, § 4; P.L. 2001, ch. 86, § 56; P.L. 2011, ch. 151, art. 8, § 4; Repealed by P.L. 2013, ch. 144, art. 7, § 1, effective July 1, 2013.
[Repealed]
History of Section. P.L. 1981, ch. 32, § 4; Repealed by P.L. 2013, ch. 144, art. 7, § 1, effective July 1, 2013.
[Repealed]
History of Section. P.L. 1981, ch. 32, § 4; Repealed by P.L. 2013, ch. 144, art. 7, § 1, effective July 1, 2013.
[Repealed]
History of Section. P.L. 1981, ch. 32, § 4; Repealed by P.L. 2013, ch. 144, art. 7, § 1, effective July 1, 2013.
[Repealed]
History of Section. P.L. 1981, ch. 32, § 4; P.L. 1989, ch. 126, art. 50, § 1; P.L. 2006, ch. 14, § 7; P.L. 2006, ch. 16, § 7; Repealed by P.L. 2013, ch. 144, art. 7, § 1, effective July 1, 2013.
[Repealed]
History of Section. P.L. 1981, ch. 32, § 4; Repealed by P.L. 2013, ch. 144, art. 7, § 1, effective July 1, 2013.
[Repealed]
History of Section. P.L. 1981, ch. 32, § 4; Repealed by P.L. 2013, ch. 144, art. 7, § 1, effective July 1, 2013.
[Repealed]
History of Section. P.L. 1981, ch. 32, § 4; Repealed by P.L. 2013, ch. 144, art. 7, § 1, effective July 1, 2013.
This chapter shall be known as “The Rhode Island Student Loan Authority Act”.
History of Section. P.L. 1981, ch. 44, § 1.
The purpose of this chapter is to authorize a system of financial assistance, consisting of grants, loans, and other aids, for qualified inhabitants of the state to enable them to obtain a postsecondary education by attending public or private educational institutions both within and without the state. The general assembly has found and declares that it is in the public interest and essential to the welfare and well being of the inhabitants of the state and to the proper growth and development of the state to foster and provide financial assistance to inhabitants of the state, properly qualified for it, in order to help them to obtain a postsecondary education. The general assembly has found that many inhabitants of the state who are fully qualified to enroll in appropriate educational institutions for furthering their education beyond the high school level lack the financial means and are unable, without financial assistance as authorized under this chapter, to pay the cost of that education, with a consequent irreparable loss to the state of valuable talents vital to its welfare. The general assembly has determined that the establishment of a proper system of financial assistance for that objective purpose serves a public purpose and is fully consistent with the long established policy of the state to encourage, promote and assist the education of the people of the state.
History of Section. P.L. 1981, ch. 44, § 1.
As used in this chapter, the following words and terms shall have the following meanings unless the context shall indicate another or different meaning or intent:
(1) “Authority” means the governmental agency and public instrumentality authorized, created, and established pursuant to § 16-62-4.
(2) “Bonds” and “notes” means the bonds, notes, securities, or other obligations or evidences of indebtedness issued by the authority pursuant to this chapter, all of which shall be issued under the name of or known as obligations of the Rhode Island student loan authority.
(3) “Education loan” means a loan to a student or the parent, legal guardian, or sponsor of the student, or to an eligible institution, for the purpose of financing a student’s attendance at the eligible institution. The loan may provide that the student, parent, legal guardian, or sponsor of the student or eligible institution may be held jointly and severally liable for the education loan.
(4) “Eligible institution” means, subject to further particular or more restrictive definition by regulation of the authority: (i) an institution of higher learning, (ii) a vocational school, or (iii) with respect to students who are nationals of the United States, an institution outside the United States which is comparable to an institution of higher education or to a vocational school and which has been approved by the authority and by the secretary for purposes of the guaranteed student loan program.
(5) “Eligible loan” means a loan to a student or to the parent of a student insured or guaranteed by the secretary, Rhode Island division of higher education assistance, or by any other governmental or private agency, corporation, or organization having a reinsurance or guaranty agreement with the secretary applicable to that loan.
(6) “Guaranteed student loan program” means the program of federal student loan insurance and reinsurance administered by the secretary.
(7) “Lender” means, subject to further particular or more restrictive definition by regulation of the authority, any governmental or private agency, corporation, organization, or institution (including educational institutions and the authority itself) designated as an “eligible lender” by federal statute, regulation, or administrative ruling for the purposes of the guaranteed student loan program.
(8) “Secretary” means the United States secretary of education or the secretary of health and human services.
(9) “State” means the state of Rhode Island.
(10) “Student” means an individual who under rules promulgated by the authority meets the enrollment and satisfactory progress requirement necessary for making an eligible student loan or an education loan, as applicable. This designation shall include dependent and independent undergraduate students, and graduate and professional students.
History of Section. P.L. 1981, ch. 44, § 1; P.L. 1982, ch. 162, § 1; P.L. 1983, ch. 82, § 1; P.L. 1985, ch. 80, § 1; P.L. 1992, ch. 35, § 1; P.L. 2015, ch. 141, art. 7, § 8.
(a) There is authorized, created, and established a public corporation of the state having a legal existence distinct from the state and not constituting a department of state government, which is a governmental agency and public instrumentality of the state, to be known as the “Rhode Island student loan authority,” with the powers that are set forth in this chapter, for the purposes of financing education through the making, purchasing, taking, acquiring, or lending against the security of, eligible loans and education loans and of selling eligible loans and education loans made, taken, endorsed, acquired, or purchased by it to governmental or private financial institutions.
(b) The exercise by the authority of the powers conferred by this chapter shall be deemed and held to be the performance of an essential governmental function of the state for public purposes. It is the intent of the general assembly by the passage of this chapter to vest in the authority all powers, authority, rights, privileges, and titles which may be necessary to enable it to accomplish the purposes set forth in this chapter, and this chapter and the powers granted by it shall be liberally construed in conformity with those purposes.
(c) The authority and its corporate existence shall continue until terminated by law or until the authority shall cease entirely and continuously to conduct or be involved in any business in furtherance of its purposes, provided that no termination shall take effect so long as the authority shall have bonds, notes, or other obligations outstanding, unless adequate provision shall have been made for their payment pursuant to the documents securing the bonds, notes, or other obligations or to the law. Upon termination of the existence of the authority, all its rights and properties shall pass to and be vested in the state. At no time shall the assets or other property of the authority inure to the benefit of any person or other corporation or entity.
History of Section. P.L. 1981, ch. 44, § 1; P.L. 1992, ch. 35, § 1.
The authority shall have all the powers necessary and convenient to carry out and effectuate the purposes and provisions of this chapter, including without limiting the generality of the preceding statement, the power:
(1) To sue and be sued, complain, and defend, in its corporate name.
(2) To have a seal which may be altered at pleasure, and to use it by causing it, or a facsimile of it, to be impressed or affixed or in any other manner reproduced.
(3) To purchase, take, receive, lease, or otherwise acquire, own, hold, improve, use, and deal in and with, real or personal property, or any interest in it, wherever situated.
(4) To sell, convey, mortgage, pledge, lease, exchange, transfer, and dispose of all or any part of its property and assets for any consideration and upon any terms and conditions as the authority shall determine.
(5) To make contracts and incur liabilities, and borrow money at any rates of interest as the authority may determine.
(6) To make and execute all contracts, agreements, and instruments necessary or convenient in the exercise of the powers and functions of the authority granted by this chapter.
(7) To lend money for its purposes, and invest and reinvest its funds.
(8) To conduct its activities, carry on its operations, and have offices and exercise the powers granted by this chapter, within or without the state.
(9) To elect, appoint, or employ in its discretion officers and agents of the authority, and define their duties and fix their compensation.
(10) To make and alter bylaws, not inconsistent with this chapter, for the administration and regulation of the affairs of the authority, and those bylaws may contain provisions indemnifying any person who is or was a director, officer, employee, or agent of the authority, in the manner and to the extent provided in § 7-1.2-814.
(11) To have and exercise all powers necessary or convenient to effect its purposes.
History of Section. P.L. 1981, ch. 44, § 1; P.L. 2005, ch. 36, § 13; P.L. 2005, ch. 72, § 13.
In addition to the powers enumerated in § 16-62-5, the authority shall have the power:
(1) To lend money to students and to parents of students and to refinance or consolidate eligible loans and education loans previously made to a student or parent by the authority or other lending sources for the purpose of assisting the student in obtaining an education in an eligible institution, including refinancing or consolidating obligations previously incurred by a student or a parent with other lending sources for this purpose and participating in loans to students or parents for this purpose with other lending sources.
(2) To make, acquire, take, or purchase eligible loans and education loans with the proceeds of bonds or notes or any other funds of the authority available for it or any interest or participation in it, in any amount, at any price or prices, and upon any terms and conditions as the authority will determine.
(3) To sell eligible loans held by the authority to governmental or private financial institutions, or to borrow from those financial institutions against the security of these eligible loans in any amounts, at any price or prices, and upon any terms and conditions as the authority shall determine.
(4) To procure insurance of every nature or to enter into agreements with eligible institutions to protect the authority against losses that may be incurred in connection with its property, assets, activities, or the exercise of the powers granted under this chapter.
(5) Subject to a contract with the holders of its bonds or notes, or a contract with the recipient of an eligible loan, when the authority deems it necessary or desirable to consent to the modification, with respect to security, rate of interest, time of payment of interest or principal, or any other term of a bond or note, contract, or agreement between the authority and the recipient or maker of a loan, bond, or note holder, or agency or institution guaranteeing the repayment, purchasing, or selling of an eligible loan.
(6) To engage the services of consultants on a contract basis for rendering professional and technical assistance and advice, and to employ attorneys, accountants, financial experts, and any other advisors, consultants, and agents that may be necessary in its judgment, and to fix their compensation.
(7) To contract for and to accept any gifts, grants, loans, funds, property (real or personal), or financial or other assistance in any form from the United States, or any agency or instrumentality of it, or from the state or any agency or instrumentality of it, or from any other source, and to comply, subject to the provisions of this chapter, with the terms and conditions of it.
(8) To borrow money and to issue bonds and notes and to provide for the rights of the holders of these, and to secure the bonds and notes by assignment, pledge, or granting of a security interest in its property, including, without limitation, all or a part of its interest in eligible loans, education loans, or agreements with eligible institutions with regard to these for the purpose of providing funds to effectuate its purposes under this chapter, including the financing of eligible loans or education loans or for the purpose of refunding any bonds previously issued.
(9) To prescribe rules and regulations deemed necessary or desirable to carry out the purposes of this chapter, including, without limitation, rules and regulations: (i) To ensure compliance by the authority with the requirements imposed by statutes or regulations governing the guaranty, insurance, purchase, or other dealing in eligible loans by federal agencies, instrumentalities, or corporations, and (ii) To set standards of eligibility for educational institutions, students, and lenders and to define residency and all other terms as the authority deems necessary to carry out the purposes of this chapter.
(10) To establish penalties for violations of any order, rule, or regulation of the authority, and a method for enforcing the orders, rules, and regulations.
(11) To set and collect fees and charges in connection with its eligible loans, commitments, and servicing, including, without limitation, reimbursement of the costs of financing by the authority, service charges, insurance premiums, and costs incurred by the authority in carrying out its corporate purposes.
(12) To create and establish any other fund, or funds, that may be necessary or desirable for its corporate purposes.
History of Section. P.L. 1981, ch. 44, § 1; P.L. 1982, ch. 162, § 2; P.L. 1987, ch. 603, § 1; P.L. 1992, ch. 35, § 1; P.L. 2016, ch. 374, § 1; P.L. 2016, ch. 375, § 1.
(a) The powers of the authority shall be vested in a board of directors consisting of six (6) members as follows: five (5) members appointed by the governor from among members of the general public, who are qualified by training or experience in education, finance, or personal investment consulting and made in accordance with subsection (b) of this section as provided in § 16-57-7, all appointments are subject to the advice and consent of the senate; and the general treasurer, ex-officio. The general treasurer may designate a subordinate within his or her department or agency to represent him or her at all meetings of the board.
(b) All members appointed by the governor shall be appointed to terms of five (5) years, and the governor shall, during the month of January preceding the expiration of each term, appoint a member whose term will then next expire. In the event of a vacancy occurring in the office of a member by death, resignation, removal, or otherwise, the vacancy shall be filled in the same manner as an original appointment but only for the remainder of the term of the former member.
(c) The directors shall receive no compensation for the performance of their duties under this chapter, but each director shall be reimbursed for his or her reasonable expenses incurred in carrying out those duties. A director may engage in private employment, or in a profession or business.
(d) The board of directors shall elect one of its members to serve as chairperson. Four (4) directors shall constitute a quorum and any action to be taken by the authority under the provisions of this chapter may be authorized by resolution approved by a majority of the directors present and voting at any regular or special meeting at which a quorum is present. A vacancy in the membership of the board of directors shall not impair the right of a quorum to exercise all the rights and perform all the duties of the authority.
(e) In addition to electing a chairperson, the board of directors shall appoint a secretary and any additional officers and staff members as they shall deem appropriate and shall determine the amount of compensation, if any, each shall receive. The board of directors may appoint a chief executive officer and vest in that person or his or her subordinates the authority to appoint additional staff members and to determine the amount of compensation each individual shall receive.
(f) No fulltime employee shall during the period of his or her employment by the authority engage in any other private employment, profession, or business, including, but not limited to, consulting.
(g) Notwithstanding any other law to the contrary, it shall not be or constitute a conflict of interest for a director, officer, or employee of any financial institution, investment banking firm, brokerage firm, commercial bank, trust company, savings and loan association, credit union, insurance company, educational institution, or any other firm, person, or corporation to serve as a director of the authority nor shall any contract or transaction between the authority and any financial institution, investment banking firm, brokerage firm, commercial bank, trust company, savings and loan association, credit union, insurance company, educational institution, or any other firm, person, or corporation be void or voidable by reason of any service as director of the authority. If any director, officer, or employee of the authority shall be interested either directly or indirectly, or shall be a director, officer, or employee of or have an ownership interest (other than as the owner of less than one percent (1%) of the shares of a publicly held corporation) in any firm or corporation interested directly or indirectly in any contract with the authority, that interest shall be disclosed to the authority and set forth in the minutes of the authority, and the director, officer, or employee having that interest in it shall not participate on behalf of the authority in the authorization of this contract. Interested directors may be counted in determining the presence of a quorum at a meeting of the board of directors of the authority which authorizes the contract or transaction.
(h) Any action taken by the authority under the provisions of this chapter may be authorized by vote at any regular or special meeting, and each vote shall take effect immediately.
(i) The board of directors may designate from among its members an executive committee and one or more other committees each of which, to the extent authorized by the board of directors, shall have and may exercise all the authority of the board of directors, but no committee shall have the authority of the board of directors in reference to the disposition of all or substantially all the property and assets of the authority, or amending the bylaws of the authority.
(j) Any action required by this chapter to be taken at a meeting of the board of directors, or any action which may be taken at a meeting of the board of directors, or committee of it, may be taken without a meeting if a consent in writing, setting forth the action to be taken, shall be signed before or after that action by all of the directors, or all of the members of the committee.
(k) The board shall conduct a training course for newly appointed and qualified members and new designees of ex-officio members within six (6) months of their qualification or designation. The course shall be developed by the chair of the board, approved by the board, and conducted by the chair of the board. The board may approve the use of any board or staff members or other individuals to assist with training. The training course shall include instruction in the subject area of this chapter and chapters 46 of title 42, 14 of title 36, and 2 of title 38; and the board’s rules and regulations. The director of the department of administration shall, within ninety (90) days of the effective date of this act, disseminate training materials relating to the provisions of chapters 46 of title 42, 14 of title 36, and 2 of title 38.
History of Section. P.L. 1981, ch. 44, § 1; P.L. 1991, ch. 44, art. 38, § 2; P.L. 2005, ch. 241, § 8; P.L. 2005, ch. 319, § 8; P.L. 2006, ch. 332, § 3; P.L. 2006, ch. 435, § 3; P.L. 2007, ch. 362, § 1; P.L. 2012, ch. 241, art. 4, § 2.
Any person qualifying for an eligible loan shall not be disqualified to receive the loan made for or guaranteed by the authority by reason of his being a minor. For the purpose of applying for, securing, receiving, and repaying this loan, any person shall be deemed to have full legal capacity to act and shall have all the rights, powers, privileges, and obligations of a person of full age and respect to it.
History of Section. P.L. 1981, ch. 44, § 1.
(a) The authority shall have the power and is authorized to issue its negotiable bonds and notes in one or more series in any principal amounts as in the opinion of the authority shall be necessary to provide sufficient funds for achieving its purposes, including the payment of interest on bonds and notes of the authority; the establishment of reserves to secure these bonds and notes; and the making of all other expenditures of the authority incident to and necessary or convenient to carrying out its corporate purposes and powers.
(b) All bonds and notes issued by the authority may be secured by the full faith and credit of the authority; or may be payable solely out of revenues and receipts derived from the pledge or assignment of, grant of security interest in, or sale of eligible loans or education loans owned by it, or any part of it; or out of receipts upon repayment of any eligible loans or education loans or any part of these made to students or to parents, legal guardians, or sponsors of students, or to institutions or lenders; or upon the undisbursed proceeds of the bonds or notes; or upon guaranty payments of principal and interest on eligible loans; or upon interest subsidy payments; or upon investment earnings of any of these revenues, receipts, proceeds or payments; or upon any other form of security available to the authority for this purpose, all as may be designated in the proceedings of the authority under which the bonds or notes shall be authorized to be issued. The bonds and notes may be executed and delivered by the authority at any time; may be in any form and denominations and of any tenor and maturities; and may be in bearer form or in registered form, as to principal and interest or as to principal alone, all as the authority may determine.
(c) Bonds may be payable in any installments, and at any times not exceeding forty (40) years from their date, as shall be determined by the authority.
(d) Notes, and any renewals of notes, may be payable in any installments and at any times not exceeding ten (10) years from the date of the original issue of the notes, as shall be determined by the authority.
(e) Bonds and notes may be payable at any places, whether within or without the state; may bear interest at any rate or rates payable at any time or times and at any place or places and evidenced in any manner; and may contain any provisions not inconsistent with this section, all as shall be provided in the proceedings of the authority under which they shall be authorized to be issued.
(f) There may be retained, by provisions made in the proceedings under which any bonds or notes of the authority are authorized to be issued, an option to redeem all or any part of these, at any prices and upon any notice, and on any further terms and conditions as shall be set forth on the record of those proceedings and on the face of the bonds or notes.
(g) Any bonds or notes of the authority may be sold at any prices, at public or private sale, and in any manner as shall be determined by the authority, and the authority shall pay all expenses, premiums, and commissions as it shall deem necessary or advantageous in connection with the issuance and sale of these.
(h) Money of the authority, including without limitation: revenues, receipts, proceeds, payments, or earnings listed in subsection (b), may be invested and reinvested in any obligations, securities, and other investments consistent with the purposes of this chapter, including, but not limited to, bonds and notes of the authority as shall be specified in the resolutions under which the bonds or notes are authorized. In no case shall such investment in bonds or notes of the authority constitute an extinguishment of the obligations represented by such bonds and notes.
(i) Issuance by the authority of one or more series of bonds or notes for one or more purposes shall not preclude it from issuing other bonds or notes for the same purpose, or purposes, but the proceedings where any subsequent bonds or notes may be issued shall recognize and protect a prior pledge or mortgage made for a prior issue of bonds or notes unless, in the proceedings authorizing the prior issue, the right is reserved to issue subsequent bonds or notes on a parity with that prior issue.
(j) The authority is authorized to issue bonds or notes for the purpose of refunding its bonds or notes outstanding, including the payment of any redemption premium on them and any interest accrued, or to accrue, to the earliest or subsequent date of redemption, purchase, or maturity of the bonds or notes. The proceeds of bonds or notes, issued for the purpose of refunding outstanding bonds or notes may be applied, in the discretion of the authority, to the purchase, retirement at maturity, or redemption of the outstanding bonds or notes either on their earliest or a subsequent redemption date, and may, pending that application, be placed in escrow. These escrowed proceeds may be invested, and reinvested, in obligations of, or guaranteed by, the United States, or in certificates of deposit or time deposits or repurchase agreements, fully secured or guaranteed by the state or the United States, or an instrumentality of either, maturing at any time or times as shall be appropriate to assure the prompt payment, as to principal, interest, and redemption premium, if any, of the outstanding bonds or notes to be refunded. The interest, income, and profits, if any, earned or realized on this investment, may also be applied to the payment of the outstanding bonds or notes to be refunded. After the terms of the escrow have been fully satisfied and carried out, any balance of the proceeds and interest, income, and profits, if any, earned or realized on the investments of these, may be returned to the authority for use by it in furtherance of its purposes. All these bonds or notes shall be issued and secured and shall be subject to the provisions of this chapter in the manner, and to the same extent, as any other bonds or notes issued pursuant to this chapter.
(k) The directors, officers of the authority, and other persons executing the bonds shall not be subject to personal liability or accountability by reason of the issuance of these.
(l) Bonds or notes may be issued under the provisions of this chapter without obtaining the consent of any department, division, commission, board, body, bureau, or agency of the state, and without any other proceedings, conditions, or things other than those proceedings, conditions, or things that are specifically required by this chapter and by the provisions of the resolution authorizing the issuance of those bonds or notes or the trust agreement securing this.
(m) The authority, subject to any agreements with noteholders or bondholders as may then be in force, shall have power, out of any funds available for this, to purchase bonds or notes of the authority, which shall then be cancelled, at a price not exceeding:
(1) If the bonds or notes are then redeemable, the redemption price then applicable plus accrued interest to the next interest payment date; or
(2) If the bonds or notes are not then redeemable, the redemption price applicable on the earliest date that the bonds or notes become subject to redemption, plus the interest that would have accrued to that date.
(n) Whether or not the bonds and notes are of the form and character as to be negotiable instruments under the terms of the Rhode Island Uniform Commercial Code, title 6A, the bonds and notes are made negotiable instruments within the meaning of, and for all of the purposes of, the Rhode Island Uniform Commercial Code, subject only to the provisions of the bonds and notes for registration.
(o) If a director or officer of the authority whose signature appears on the bonds, notes, or coupons shall cease to be a director or officer before the delivery of those bonds or notes, that signature shall be valid and sufficient for all purposes, as if the director or officer had remained in office until the delivery.
(p) The authority shall also have the power out of any funds available to purchase bonds and notes of the authority if the authority determines that such purchases will stabilize or make the market for the authority’s bonds more efficient. Such purchases shall not result in the extinguishment of the debt of the authority represented by such bonds or notes. At the discretion of the authority, such bonds and notes may be held until the purpose of the purchase has been effected and then sold to the market or used as a credit against future redemptions or maturities.
History of Section. P.L. 1981, ch. 44, § 1; P.L. 1992, ch. 35, § 1; P.L. 2016, ch. 374, § 1; P.L. 2016, ch. 375, § 1.
(a) The principal of and interest on any bonds or notes issued by the authority may be secured by a pledge or assignment of any revenues, receipts, or assets of the authority and may be secured by a security interest or other instrument covering all or any part of one or more eligible loans or education loans made or acquired by the authority pursuant to the provisions of this chapter.
(b) The resolution under which the bonds or notes are authorized to be issued and any security interest or other instrument may contain any agreements and provisions respecting the servicing of the loans covered by it, any fixing and collection of payments or repayments or other revenues from these, any creation and maintenance of special funds from those revenues, and any rights and remedies available in the event of default, all as the authority shall deem advisable.
(c) Each pledge, assignment, agreement, security interest, or other instrument made for the benefit or security of any of the bonds or notes of the authority shall continue in effect until the principal of and interest on the bonds or notes for the benefit of which the pledge or security agreement was made shall have been fully paid, or until provision shall have been made for that payment in the manner provided in the resolution under which the bonds or notes were authorized.
(d) Any pledge made by the authority shall be valid and binding from the time it is made. The money or property pledged and received after this by the authority shall immediately be subject to the lien of the pledge without physical delivery or further act. The lien of the pledge shall be valid and binding against all parties having a claim in tort, contract, or against the authority, whether or not the parties have notice of the claim. Neither the resolution nor any instrument by which a pledge is created needs to be recorded.
(e) Any resolution under which bonds or notes of authority are authorized to be issued, and any trust indenture established by it, may contain provisions for vesting in a trustee or trustees any properties, rights, powers, and duties in trust as the authority may determine.
History of Section. P.L. 1981, ch. 44, § 1; P.L. 1992, ch. 35, § 1.
All money received pursuant to the authority of this chapter, whether as proceeds from the sale of bonds or notes or as revenues, receipts, or income, shall be trust funds to be held and applied solely as provided in the proceedings under which the bonds or notes are authorized. Any officer with whom, or any bank or trust company with which, any money shall be deposited as trustee of it shall hold and apply the money for its purposes, subject to the applicable provisions of this chapter, the proceedings authorizing the bonds or notes, and the trust agreement securing those bonds or notes, if any.
History of Section. P.L. 1981, ch. 44, § 1.
(a) The exercise of the powers granted by this chapter will be in all respects for the benefit of the people of this state, the increase of their commerce, welfare, and prosperity, and for the improvement of their living conditions, and will constitute the performance of an essential government function; and the authority shall not be required to pay any taxes or assessments upon or in respect of any transaction or of any property or money of the authority levied by any municipality or political subdivision of the state.
(b) The authority shall not be required to pay state taxes of any kind, and the authority, its property, and money, and, except for estate, inheritance, and gift taxes, any bonds or notes issued under the provisions of this chapter and the income, including gain from sale or exchange from it shall at all times be free from taxation of every kind by the state and by the municipalities and all political subdivisions of the state. The authority shall not be required to pay any transfer tax of any kind on account of instruments recorded by it or on its behalf.
History of Section. P.L. 1981, ch. 44, § 1.
The notes and bonds of the authority are made securities in which all public officers and bodies of this state and all municipalities and municipal subdivisions, including, but not limited to, the authority, all companies and associations and other persons carrying on an insurance business, all banks, bankers, trust companies, savings banks and savings associations, including savings and loan associations, building and loan associations, investment companies, and other persons carrying on a banking business, all administrators, guardians, executors, trustees, and other fiduciaries, and all other persons who are now or may after this be authorized to invest in bonds or other obligations of the state, may properly and legally invest funds, including capital, in their control or belonging to them.
History of Section. P.L. 1981, ch. 44, § 1; P.L. 2016, ch. 374, § 1; P.L. 2016, ch. 375, § 1.
The state does pledge to and agree with the holders of any bonds or notes issued under this chapter that the state will not limit or alter the rights vested in the authority to fulfill the terms of any agreements made with the holders until those bonds or notes, together with their interest, with interest on any unpaid installments of interest, and all costs and expenses in connection with any action or proceeding by or on behalf of those holders, are fully met and discharged. The authority is authorized to include this pledge and agreement of the state in any agreement with the holders of those bonds or notes.
History of Section. P.L. 1981, ch. 44, § 1.
Obligations issued under the provisions of this chapter shall not constitute a debt, liability, or obligation of the state or of any political subdivision of the state other than the authority or a pledge of the faith and credit of the state or any political subdivision other than the authority, but shall be payable solely from the revenues or assets of the authority. Each obligation issued under this chapter shall contain on its face a statement to the effect that the authority shall not be obligated to pay the obligation or its interest except from revenues or assets pledged for it and that neither the faith and credit nor the taxing power of the state or any political subdivision of the state other than the authority is pledged to the payment of the principal of or the interest on the obligation.
History of Section. P.L. 1981, ch. 44, § 1.
The authority is authorized to accept any money as may be appropriated by the general assembly for effectuating its corporate purposes including, without limitation, the payment of the initial expenses of administration and operation and the establishment of reserves or contingency funds to be available for the payment of the principal of and the interest on any bonds, notes, or other obligations of the authority.
History of Section. P.L. 1981, ch. 44, § 1.
(a) All state agencies may render any services to the authority within their functions as may be requested by the authority.
(b) Upon request of the authority, any state agency is authorized and empowered to transfer to the authority any officers and employees as it may deem necessary to assist the authority in carrying out its functions and duties under this chapter. Officers and employees transferred shall not lose their civil service status or rights.
History of Section. P.L. 1981, ch. 44, § 1.
Within six (6) months after the close of its fiscal year the board shall approve and submit an annual report to the governor, the speaker of the house of representatives, the president of the senate, and the secretary of state of its activities during that fiscal year. The report shall provide: an operating statement summarizing meetings or hearings held, meeting minutes if requested, 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; a summary of any training courses held pursuant to this chapter; a briefing on anticipated activities in the upcoming fiscal year; and findings and recommendations for improvements. The report shall be posted electronically on the general assembly and the secretary of state’s websites as prescribed in § 42-20-8.2. The director of the department of administration shall be responsible for the enforcement of this provision. The authority shall cause an audit of its books and accounts to be made at least once each fiscal year by certified public accountants selected by it and the its cost shall be paid by the authority from funds available to it pursuant to this chapter.
History of Section. P.L. 1981, ch. 44, § 1; P.L. 2005, ch. 241, § 8; P.L. 2005, ch. 319, § 8.
When any provisions of this chapter are inconsistent with the provisions of any other law or ordinance, general, special, or local, the provisions of this chapter shall be controlling.
History of Section. P.L. 1981, ch. 44, § 1.
Nothing contained in this chapter shall restrict or limit the powers of the authority arising under any laws of this state. This chapter shall be construed to provide a complete additional and alternative method for doing the things authorized by it and shall be regarded as supplemental and in addition to the powers conferred by other laws. The issuance of all bonds, notes, and other obligations of the authority under the provisions of this chapter need not comply with the requirements of any other statute applicable to the issuance of bonds, notes, or other obligations. No proceedings or notice of approval shall be required for the issuance of any bonds, notes, and other obligations or any instruments of security for these except as provided in this chapter.
History of Section. P.L. 1981, ch. 44, § 1.
This chapter being necessary for the welfare of the state and its inhabitants shall be liberally construed to effectuate its purposes.
History of Section. P.L. 1981, ch. 44, § 1.
If any clause, sentence, paragraph, section, or part of this chapter shall be adjudged by any court of competent jurisdiction to be invalid, that judgment shall not affect, impair, or invalidate the remainder of this chapter but shall be confined in its operation to the clause, sentence, paragraph, section, or part directly involved in the controversy in which the judgment shall have been rendered.
History of Section. P.L. 1981, ch. 44, § 1.
The purpose of this chapter is to provide an incentive, in the form of interest reduction on certain types of education loans, to students who desire to serve the health care needs of individuals in Rhode Island by enrolling in a registered nurse training program. The general assembly has found and hereby declares that it is in the public interest and essential to the welfare and well being of the inhabitants of the state that a sufficient number of registered nurses be attracted to Rhode Island to serve the health care needs of our population. The general assembly further finds that there is a growing shortage of qualified registered nurses to meet the needs of the state’s population. The general assembly determines that it is vital to the welfare of the state’s citizenry that an incentive be provided to attract and retain registered nurses in the state to meet their needs.
History of Section. P.L. 2001, ch. 332, § 1.
For the purpose of this chapter, the following terms shall have the following meanings unless the context clearly requires otherwise:
(1) “Authority” means the governmental agency and public instrumentality authorized, created and established pursuant to § 16-62-4.
(2) “Eligible registered nurse” means an individual who holds a valid Rhode Island license to practice as a professional registered nurse and who works as a registered nurse in this state and can document that they work at least half time (average of twenty (20) hours per week).
(3) “Loan” means a federal Stafford (FFELP) loan made by the authority or one of its participating lenders, issued after July 1, 2000 and not in default.
(4) “Eligible employment” shall mean employment as a registered nurse responsible for patient care at any Rhode Island licensed health care facility, including, but not limited to, hospitals, nursing homes and home nursing care providers.
History of Section. P.L. 2001, ch. 332, § 1.
An eligible registered nurse shall be eligible to have the interest on his or her loan forgiven for each year he or she has eligible employment in the state up to a maximum of four (4) years and prior to the termination of this program.
History of Section. P.L. 2001, ch. 332, § 1.
Any individual seeking interest forgiveness pursuant to the provisions of this chapter shall apply to the authority on forms prescribed by the authority containing any information that the authority deems advisable to fulfill the provisions of this program. The authority’s executive director, or his or her designee, shall determine the eligibility of each applicant.
History of Section. P.L. 2001, ch. 332, § 1.
Any individual deemed eligible shall not less than annually submit to the authority any information that the authority may prescribe to determine the individual’s continued eligibility for the interest forgiveness on his or her eligible loan under this chapter.
History of Section. P.L. 2001, ch. 332, § 1.
In the event the authority determines that an individual is no longer eligible for the interest forgiveness on his or her loan as provided in this chapter, that individual shall be required to pay the holder of his or her loan forthwith all accrued interest and any late payment penalties which have accrued during the period of the ineligibility.
History of Section. P.L. 2001, ch. 332, § 1.
The authority may promulgate any regulations that it deems necessary to implement the provisions of this interest forgiveness program.
History of Section. P.L. 2001, ch. 332, § 1.
Notwithstanding any provision of this chapter to the contrary, to the extent, if any, that this interest forgiveness program shall have any material adverse effect on the authority’s ability to issue negotiable bonds and notes, the authority shall be empowered to suspend this program on a prospective basis, provided that any individual who has previously been determined to be eligible for the program’s benefits shall retain their eligibility up to the maximum period prescribed in this chapter.
History of Section. P.L. 2001, ch. 332, § 1.
The provisions of this chapter are severable. If any provisions are deemed invalid by a court of competent jurisdiction, that determination shall not affect the validity of the remaining provisions.
History of Section. P.L. 2001, ch. 332, § 1.
The interest benefits granted under this program shall cease after December 31, 2010.
History of Section. P.L. 2001, ch. 332, § 1.
This chapter shall be known and may be cited as the “Adult Education Act”.
History of Section. P.L. 1981, ch. 416, § 1.
(a) The general assembly, in accordance with the constitution of the state, R.I. Const., Art. XII, § 1, which obligates the state “to secure to the people the advantages and opportunities of education,” and also pursuant to R.I. Const., Art. XII, § 4, which requires it to “make all necessary provisions by law for carrying this article into effect,” finds:
(1) That all citizens, regardless of age, have the right to education;
(2) That education is a lifelong pursuit;
(3) That basic education and general personal development are necessary to enjoy a wholesome life; and
(4) That vocational training is useful in acquiring a marketable skill and achieving economic self-sufficiency.
(b) The general assembly declares:
(1) That the public laws shall address the education needs of adults and young people;
(2) That an integrated and coordinated adult education delivery system shall be provided and maintained on a statewide basis; and
(3) That public funds shall be appropriated to support that delivery system and fulfill the constitutional mandate.
(c) All adult education programs and services provided by any department or agency of the state of Rhode Island or local government, or funded in whole or in part by state funds, shall be offered in the least restrictive environment, be designed to enhance the quality of life for adult learners, and be consistent with and inclusive of the following values that reflect the preferences and needs of adult learners;
(1) Adult learners shall be treated with dignity and respect;
(2) Adult learners shall be included in policy development affecting adult education;
(3) Adult learners shall be offered services that are cost-effective and meet the learners’ needs;
(4) Adult learners shall have access to testing, evaluation and requisite accommodation for learning and/or other disabilities;
(5) Adult learners shall be fully informed about the educational choices available to them;
(6) Adult learners shall participate in decisions about their educational process, including information exchange and goal setting;
(7) Adult learners shall be provided with educational programming commensurate with their abilities, including but not limited to basic skills, vocational education, and/or secondary education or its recognized equivalent;
(8) Adult learners shall receive consistent, sustained quality in their education.
History of Section. P.L. 1981, ch. 416, § 1; P.L. 1999, ch. 240, § 1; P.L. 1999, ch. 298, § 1.
For the purposes of this chapter the following terms have the following meanings:
(1) “Adult education” means all the concerns and activities within the definition in § 16-58-2;
(2) “Board” means the board of regents for elementary and secondary education created pursuant to § 16-60-1;
(3) “Bureau” means the bureau of adult and vocational education within the department;
(4) “Commission” means the Rhode Island adult education commission established pursuant to § 16-58-1;
(5) “Commissioner” means the commissioner of the department of elementary and secondary education;
(6) “Coordinator” means the state coordinator of adult education;
(7) “Department” means the department of elementary and secondary education;
(8) “Office” means the office of adult education within the bureau.
History of Section. P.L. 1981, ch. 416, § 1.
The applicable provisions of the laws of the state or local governments, and of any regulations or policies arising from these, shall be construed to include adults and young persons as the recipients and beneficiaries of education; adults shall not be subject to compulsory attendance pursuant to chapter 19 of this title. Provided, nothing in this chapter shall be construed as a mandate to any city or town to provide any compulsory educational program nor shall requirements contained in this chapter supplant requirements for the education of individuals with disabilities between the ages of eighteen (18) and twenty-one (21) years pursuant to §§ 16-24-1 and 16-24-2.
History of Section. P.L. 1981, ch. 416, § 1; P.L. 1999, ch. 83, § 37; P.L. 1999, ch. 130, § 37.
Programs and services constituting adult education, as defined in § 16-58-2, shall be categorized and defined as follows:
(1) Category 1. Basic education, which shall consist of efforts to alleviate illiteracy and provide opportunities for academic achievement up to grade twelve (12) and which shall include instruction in reading, writing, arithmetic, literature, social studies, science, pre-vocational subjects, and other knowledge and skills necessary to cope in contemporary life; courses in Americanization and citizenship for immigrants; teaching English to persons with no or limited ability with the language; and preparation for the demonstration of competencies to qualify for the adult high school diploma or for examinations to earn the general educational development or high school equivalency diploma.
(2) Category 2. Vocational training, which shall consist of the imparting of knowledge and skills necessary to become gainfully employed, at least at entry level, in a recognized occupation, and thus attain economic self-sufficiency, and which shall be conveyed by classroom instruction, on the job training, apprenticeships, and other appropriate methods.
(3) Category 3. Higher education, consisting of opportunities for adults to enter or re-enter universities and colleges, whether matriculating or nonmatriculating, at undergraduate and graduate levels, and whether part-time or full-time.
(4) Category 4. Continuing education in professional and technological occupations, which shall consist of efforts to insure that minimum competencies are maintained by persons who are employed in occupations which bear on the public health, safety, or general welfare, and for which there are licensing, certification, or other credentialing provisions in the general laws, and in which those persons shall participate, individually or in groups, by periodic reviews of fundamental and up to date knowledge and skills, in-service experience, performance assessment, or other systematic and ongoing methods, and which may involve earning continuing education units.
(5) Category 5. General personal development, which shall consist of any formal or informal activity in the pursuit and development of avocational, social, cultural, artistic, enrichment, recreational, or other interests.
(6) Category 6. Public service education, consisting of efforts, through mass media and by other methods, to inform, educate, and motivate residents of the state on vital and timely subjects, such as health, safety, civic affairs, and social concerns and behavior.
(7) Category 7. Supportive services, which shall consist of various accommodations intended to facilitate the pursuit of adult education in any of these specified categories, and which shall include information, counseling, and other guidance services, financial aid, care of children and other dependent persons, transportation, and other services.
History of Section. P.L. 1981, ch. 416, § 1.
The board of regents, at its discretion, may assign the advocacy, coordinating, and communicative functions of adult education, as defined in § 16-58-2 and in this chapter, to an office of adult education within the bureau. The office may be headed by a coordinator of adult education.
History of Section. P.L. 1981, ch. 416, § 1.
The functions of the office may include, but may not necessarily be limited to, the following:
(1) The development of recommendations to the commissioner and the implementation of any approved recommendations, including:
(i) The utilization of federal and state funds for any purpose prescribed or allowed by the laws and/or regulations authorizing and/or appropriating those funds;
(ii) The sub-granting of those federal and state funds to selected deliverers of programs and services, including those contemplated in subdivisions (2) and (3);
(iii) The operation and networking of statewide adult level guidance services;
(iv) The operation of a high school equivalency or general educational development, testing, and certification program;
(v) Administration of the provisions for the approval and regulation of private career, trade, and technical schools, pursuant to chapter 40 of this title, and of any other nonpublic entities, whether non-business or proprietary, which provide or purport to provide adult education programs and services to residents of the state;
(vi) Professional development of administrators, teachers, counselors, paraprofessionals, and other personnel employed or engaged in delivering adult education programs and services within the state; and
(vii) Continuous research and planning in adult education, including assistance to the commission in conducting the comprehensive study of adult education prescribed in § 16-58-6 [repealed], needs assessments in conjunction with local planning and assessment processes, and the development and utilization of relevant data.
(2) Coordination with programs and services administered and/or operated by other agencies and institutions, including:
(i) All programs in categories 1, 2, 3, and 5 as defined by this chapter;
(ii) Outreach, recruitment, and intake for program components throughout the delivery system defined in this chapter;
(iii) Dissemination of information on financial aid for adult learners, including loans, grants, scholarships, and other forms of financial aid, in cooperation with the Rhode Island division of higher education assistance, pursuant to chapters 56 and 57 of this title;
(iv) Psychological testing in relation to education and training, basic skills diagnostic and evaluation services, and multi-phasic vocational testing;
(v) Competency based adult high school diploma assessment and certification, as conducted by local education agencies in accordance with this chapter; and
(vi) The college level examination program and other mechanisms for establishing and recording postsecondary achievement and competencies in terms of academic credit.
(3) General advocacy and communicative relationships with other agencies, institutions, and organizations engaged in or interested in adult education or related activities in the state, including:
(i) Programs and services for adult learners in public and private colleges, schools, and other settings, at elementary, secondary, and postsecondary levels;
(ii) Adult education programs and services, in any of the categories defined in this chapter, conducted in libraries and other community based settings;
(iii) Pre-service, in-service, and upgrading education and training programs, generally in category 2 as defined by this chapter, conducted in employment settings;
(iv) Activities, generally in category 2 as defined by this chapter, conducted in the state pursuant to the Job Training Partnership Act, 29 U.S.C. § 1501 et seq., and any amendments to it, extensions of it, or successor legislation;
(v) All activities in categories 4 and 6, as defined by this chapter;
(vi) Programs and services, generally in categories 1, 2, 3, 5, and 7, as defined by this chapter, conducted in custodial, correctional, and curative institutions in the state;
(vii) Programs and services for adults with special needs, such as people with disabilities, immigrants and refugees, women and displaced homemakers, senior citizens, persons of multilingual or multicultural backgrounds, and persons being discharged from the care of institutions referenced in subdivision (3)(vi);
(viii) Programs of family and homelife education and parent effectiveness training;
(ix) Educational and public service programming on radio and television, including that transmitted electronically and through cable systems; and
(x) Automobile and motorcycle driver safety education; and
(4) Staff support services for the commission.
History of Section. P.L. 1981, ch. 416, § 1; P.L. 1999, ch. 83, § 37; P.L. 1999, ch. 130, § 37; P.L. 2015, ch. 141, art. 7, § 9.
The department shall develop a state plan for adult education, which shall be a document containing: (1) current needs assessment data, (2) statements of the policies, procedures, regulations, and program activities contemplated for carrying out the intent of this chapter, and (3) prevailing or anticipated budgetary and fiscal conditions applicable to it. The state plan also shall contain all the elements prescribed by the federal Adult Education Act, 20 U.S.C. § 1201 et seq., the federal Vocational Education Act, 20 U.S.C. § 2301 et seq., and other applicable federal laws, and any amendments to it, extensions of it, or successor legislation. The state plan shall be renewed every three (3) years, and may be amended or updated annually. The plan and any renewals, amendments, or updates of it shall be subject to approval by the commission, commissioner, and the board.
History of Section. P.L. 1981, ch. 416, § 1.
(a) Adult education throughout the state shall be delivered through the appropriate utilization of a combination of agencies, institutions, organizations, and other mechanisms and settings, including but not necessarily limited to the following:
(1) The schools and other facilities maintained by local education authorities, pursuant to chapter 2 of this title, or area combinations of it, in accordance with chapter 3 of this title and this chapter;
(2) The area vocational-technical schools, maintained and conducted in accordance with chapter 45 of this title;
(3) The state operated institutions of higher education, including the University of Rhode Island, Rhode Island College, and the community college system, maintained in accordance with chapters 31 through 33.1 and chapter 44 of this title;
(4) Private and proprietary academies, colleges, universities, and other institutions of secondary and higher education operated in accordance with chapter 40 of this title;
(5) Correspondence schools, home study, and related courses available to residents of the state in accordance with chapter 50 of this title;
(6) The custodial, correctional, and curative institutions referenced in this chapter;
(7) The state’s interrelated library system;
(8) Community based private, nonprofit, and proprietary agencies and facilities maintained and operated fully or partially for the purpose of providing adult education programs and services;
(9) Employment settings in business and industry; and
(10) The broadcast and cable system media referenced in this chapter.
(b) The listing in subsection (a) of an agency, institution, organization, or other entity shall not, in itself, constitute it as being under the administrative control of the board, department, or office.
History of Section. P.L. 1981, ch. 416, § 1.
(a) Adult education programs and services, to the extent feasible, shall be designed and implemented in accordance with a local control model, commonly known as “community education,” as set forth in the former federal Community Schools and Comprehensive Community Education Act, title VIII of the Elementary and Secondary Education Act, formerly codified at 20 U.S.C. § 3281 et seq., and any amendments to it, extensions of it, or successor legislation.
(b) There shall be citizen participation in determining needs and interests and in planning, organizing, overseeing, and evaluating adult education programs and services. This participation shall be effected through advisory councils which shall be established to serve particular cities and towns, or combinations of these, or service districts pursuant to the provisions of this chapter.
(c) Local education authorities shall be involved directly and substantially, but not necessarily solely or primarily, in the administration and operation of local or area adult education programs and services. Adult education activities shall be conducted in coordination with other human services at the state, area, and community levels. There shall be maximum utilization of all appropriate public buildings, facilities, and resources.
History of Section. P.L. 1981, ch. 416, § 1.
The office shall encourage cooperative agreements among agencies, within and outside the department, and among appropriate institutions, organizations, and other entities, in the public and private sectors, in order to foster and bring about a coordinated adult education delivery system throughout the state, as prescribed in this chapter.
History of Section. P.L. 1981, ch. 416, § 1.
The commission, as part of the comprehensive study prescribed in § 16-58-6(3), shall study the legal, financial, societal, personal, and other implications of the possible future enactment of an adult basic education entitlement.
History of Section. P.L. 1981, ch. 416, § 1; P.L. 1982, ch. 421, § 1.
The cost of providing adult education programs and services shall be met by federal, state, and local government resources, and by tuition and fees to be paid by participants according to the categories of programs and services, as further set forth in this chapter.
History of Section. P.L. 1981, ch. 416, § 1.
(a) The general assembly shall make certain annual appropriations of state funds, for the purposes of adult education, as part of the total appropriations to the department, as prescribed in § 16-5-22.
(b) The state controller is authorized to draw his or her orders upon the general treasurer for the payment of the state’s obligations arising from this chapter, or so much of the sum as may be required upon receipt by him or her of vouchers properly authenticated by the commission.
History of Section. P.L. 1981, ch. 416, § 1.
(a) The school committee of each district established pursuant to § 16-7-16(5), in order to insure that adults receive their adequate share of education programs and services, shall be encouraged to allocate local funds within its annual budgets to support appropriate activities within categories 1, 2, 5, and 7, as defined in this chapter.
(b) These allocations for adult education shall not necessarily constitute funds which would not be appropriated by or for the district, and shall be fully included in the calculation and payment of foundation level school support, also known as state aid to education, in accordance with chapter 7 of this title, but shall not be subject to the provisions of §§ 45-13-7 through 45-13-10.
History of Section. P.L. 1981, ch. 416, § 1.
If any provision of this chapter, or of any regulation issued under it, or the application of it to any person or circumstance, is held invalid by a court of competent jurisdiction, the remainder of this chapter or of any regulation or application to other persons or circumstances shall not be affected thereby. The invalidity of any section or sections or parts of any section or sections of this chapter shall not affect the validity of the remainder of the chapter.
History of Section. P.L. 1981, ch. 416, § 1.
This chapter shall be construed liberally in aid of its declared purpose.
History of Section. P.L. 1981, ch. 416, § 1.
(a) In selecting which tests shall be utilized and recognized by the state in the granting of high school equivalency diplomas, the board shall consider all available high school equivalency tests that meet and adhere to Rhode Island academic standards and shall give priority to those tests that are provided at the lowest cost for test takers. In selecting said tests, the board shall consider:
(1) The recognition of the test, or lack thereof, by other states;
(2) The portability of the test; and
(3) Such other criteria that meet the needs of the test takers.
(b) The board shall adopt, and provide funding for, a rule or regulation granting a waiver of fees associated with the high school equivalency test for individuals with limited income and who can prove a financial hardship; provided, however, that to be eligible for a fee waiver, an individual must have received at least a minimum passing score on the high school equivalency practice test, or pertinent section of the test. The waiver may be based on a sliding scale based on the individual’s income.
History of Section. P.L. 2014, ch. 412, § 1; P.L. 2014, ch. 441, § 1.
Except as provided by law or by agreement, a child shall be enrolled in the school system of the city or town where he or she resides. A child shall be deemed to be a resident of the city or town where his or her parents reside. If the child’s parents reside in different cities or towns the child shall be deemed to be a resident of the city or town in which the parent having actual custody of the child resides. In cases where a child has no living parents, has been abandoned by his or her parents, or when parents are unable to care for their child on account of parental illness or family break-up, the child shall be deemed to be a resident of the city or town where the child lives with his or her legal guardian, natural guardian, or other person acting in loco parentis to the child. An emancipated minor shall be deemed to be a resident of the city or town where he or she lives. Children placed in group homes, in foster care, in child caring facilities, or by a Rhode Island state agency or a Rhode Island licensed child placing agency shall be deemed to be residents of the city or town where the group home, child caring facility, or foster home is located for the purposes of enrollment, and this city or town shall be reimbursed or the child’s education shall be paid for in accordance with § 16-64-1.1. In all other cases a child’s residence shall be determined in accordance with the applicable rules of the common law. Where a child is a resident in a dwelling which lies in more than one municipality, the parent(s) or guardian shall choose which school district the child shall attend without payment of costs as tuition.
History of Section. P.L. 1982, ch. 367, § 1; P.L. 1987, ch. 169, § 1; P.L. 1998, ch. 68, § 2.
(a) Children placed in foster care by a Rhode Island-licensed child-placing agency or a Rhode Island governmental agency shall be entitled to the same free, appropriate public education provided to all other residents of the city or town where the child is placed. The city or town shall pay the cost of the education of the child during the time the child is in foster care in the city or town.
(b) Children placed by the department of children, youth and families (DCYF) in a group home or other residential facility that does not include the delivery of educational services are to be educated by the community in which the group home or other residential facility is located, and those children shall be entitled to the same free, appropriate public education provided to all other residents of the city or town where the child is placed. For purposes of payment and reimbursement for educational costs under this chapter, the term “group home or other residential facility” shall not include independent-living programs or the Children’s Residential and Family Treatment (CRAFT) program located on the East Providence campus of Bradley Hospital. Each city and town that contains one or more group homes or other residential facilities that do not include delivery of educational services will receive funds as part of state aid to education in accordance with the following provisions:
(1) On December 31 of each year, the DCYF shall provide the department of elementary and secondary education with a precise count of how many group home or other residential facility “beds” exist in each Rhode Island city or town, counting only those “beds” in facilities that do not include the delivery of educational services. The number of “beds” in each group home or other residential facility shall be equal to the maximum number of children who may be placed in that group home or other residential facility on any given night according to the applicable licensure standards of the DCYF.
(2) For all fiscal years beginning after June 30, 2016, education aid for each school district shall include seventeen thousand dollars ($17,000) for each bed certified by DCYF by the preceding December 31. For all fiscal years beginning after June 30, 2008, whenever the number of beds certified by DCYF for a school district by December 31 is greater than the number certified the prior December 31 upon which the education aid for that fiscal year was appropriated, the education aid for that district as enacted by the assembly during the prior legislative session for that fiscal year will be increased by the number of increased beds multiplied by the amount per bed authorized for that fiscal year. The Department of Elementary and Secondary Education shall include the additional aid in equal payments in March, April, May, and June, and the Governor’s budget recommendations pursuant to § 35-3-8 shall include the amounts required to provide the increased aid.
(c) Children placed by DCYF in a residential-treatment program, group home, or other residential facility, whether or not located in the state of Rhode Island, which includes the delivery of educational services provided by that facility (excluding facilities where students are taught on grounds for periods of time by teaching staff provided by the school district in which the facility is located), shall have the cost of their education paid for as provided for in subsection (d) and § 16-64-1.2. The city or town determined to be responsible to DCYF for a per-pupil special-education cost pursuant to § 16-64-1.2 shall pay its share of the cost of educational services to DCYF or to the facility providing educational services.
(d) Children placed by DCYF in group homes, child-caring facilities, community residences, or other residential facilities shall have the entire cost of their education paid for by DCYF if:
(1) The facility is operated by the state of Rhode Island or the facility has a contract with DCYF to fund a pre-determined number of placements or part of the facility’s program;
(2) The facility is state licensed; and
(3) The facility operates an approved, on-grounds educational program, whether or not the child attends the on-grounds program.
(e) Notwithstanding the foregoing or any other law, effective June 30, 2025, neither the East Providence public schools nor the city of East Providence shall be responsible to provide any educational or related services or instruction or have any financial responsibility for any student attending the CRAFT program unless East Providence is that student’s district of origin. The school district of origin shall be responsible to provide any pay for such services and instruction consistent with applicable state law and regulation. For purposes of this section, “school district of origin” means the school district in which the student was last registered to attend prior to admission to the CRAFT program. The East Providence school district shall not be paid reimbursement as provided in this statute for such students.
History of Section. P.L. 1998, ch. 68, § 3; P.L. 2001, ch. 77, art. 22, § 3; P.L. 2005, ch. 117, art. 13, § 2; P.L. 2006, ch. 246, art. 19, § 3; P.L. 2007, ch. 73, art. 21, § 6; P.L. 2013, ch. 501, § 68; P.L. 2016, ch. 142, art. 11, § 6; P.L. 2025, ch. 278, art. 7, § 3, effective June 29, 2025.
(a) An initial factual determination and designation of the residence of the parent(s) of a child placed in the care and custody of the state shall be made by the family court in accordance with § 33-15.1-2. The director of the department of children, youth, and families shall incorporate any designation of parent’s residence on the child’s intra-state education identification card and update the designation pursuant to § 42-72.4-1(b).
(b) If no factual determination and designation of the residence of the parent(s) of a child placed in the care and custody of the state is made by the family court pursuant to § 16-64-1.2(a), then the department of elementary and secondary education shall designate the city or town to be responsible for the per-pupil special education cost of education to be paid to DCYF or to the facility providing educational services for children in state care pursuant to § 16-64-1.1(c).
(c) The department of elementary and secondary education shall designate the city or town to be responsible for the per-pupil special education cost of education to be paid to DCYF for children in state care who have neither a father, mother, nor guardian living in the state or whose residence can be determined in the state or who have been surrendered for adoption or who have been freed for adoption by a court of competent jurisdiction using the following criteria: (1) last known Rhode Island residence of the child’s father, mother, or guardian prior to moving from the state, dying, surrendering the child for adoption or having parental rights terminated; (2) when the child’s parents are separated or divorced and neither parent resides in the state, the last known residence of the last parent known to have lived in the state. This designation by the department of elementary and secondary education shall be incorporated on the child’s intra-state education identification card.
(d) The designation of a city or town pursuant to subsection (a), (b), or (c) of this section shall constitute prima facie evidence of parents’ residence in the city or town and/or the city or town’s financial responsibility for the child’s education as provided in § 16-64-1.1. Pending any final decision under § 16-64-6 that a different city, town or agency bears any financial responsibility, the commissioner shall be authorized to order the general treasurer to deduct the amount owed from the designated community’s school aid and to pay this amount to DCYF.
History of Section. P.L. 1998, ch. 68, § 3; P.L. 2001, ch. 77, art. 22, § 3.
(a) The city or town in which a foster home, group home, or other residential facility that does not include the delivery of educational services is located shall be responsible for the free appropriate public education of any child residing in those placements, including all procedural safeguards, evaluation, and instruction in accordance with regulations under chapter 24 of this title, for any period during which a child is residing in the city or town. The city or town shall coordinate its efforts with any other city or town to which a child moves when exiting the city or town responsible under this subsection.
(b) The city or town responsible for payment under § 16-64-1.1(c) for payment of a city or town’s per pupil special education cost to DCYF for a child placed in a residential facility, group home, or other residential facility that includes the delivery of educational services shall be responsible for the free, appropriate public education, including all procedural safeguards, evaluation and instruction in accordance with regulations under chapter 24 of this title.
History of Section. P.L. 1998, ch. 68, § 3; P.L. 2001, ch. 77, art. 22, § 3.
A child shall be eligible to receive education from the city or town in which the child’s residence has been established until his or her residence has been established in another city or town and that city or town has enrolled the child within its school system, unless the commissioner of elementary and secondary education, pursuant to § 16-64-6, has ordered otherwise. Nothing contained in this section shall be construed to prohibit a city or town in its own discretion from enrolling a child within its school system before a child has established technical residency within the city or town. The commissioner of elementary and secondary education shall promulgate any rules that may be needed to implement the educational provisions of the Stewart B. McKinney Homeless Assistance Act (P.L. 105-220), 42 U.S.C. § 11431 et seq.
History of Section. P.L. 1982, ch. 367, § 1; P.L. 1989, ch. 150, § 1; P.L. 1989, ch. 273, § 1; P.L. 2001, ch. 77, art. 22, § 3.
In any proceeding where it is alleged that a child’s residence has been changed due to illness of a parent, the break-up of the child’s family, abandonment of the child by his or her parents, death of the child’s parents, or emancipation of the child, the party alleging the existence of these circumstances shall have the burden of proof and shall make proof by a preponderance of the evidence.
History of Section. P.L. 1982, ch. 367, § 1.
The appointment of a guardian of the person of a child pursuant to chapter 15.1 of title 33 shall not operate to change a child’s residence unless the child takes up residence with the guardian and unless the guardian has been appointed for a substantial reason other than to change the child’s residence for the purpose of enrolling the child in another school system.
History of Section. P.L. 1982, ch. 367, § 1.
In cases where the director of a Rhode Island state agency considers it likely that a child under his or her care and control will be subject to a short term placement or series of short term placements, the director may petition the commissioner of elementary and secondary education to designate the child’s original city or town of residence as having continuing responsibility for the child’s education. This designation shall be effective for period not greater than two (2) months unless an extension is granted by the commissioner. Nothing contained in this section shall be construed to prohibit any school system from providing transportation for the child without charge. Disputes under this section including disputes relating to transportation shall be resolved in accordance with § 16-64-6.
History of Section. P.L. 1982, ch. 367, § 1.
When a school district or a state agency charged with educating children denies that it is responsible for educating a child on the grounds that the child is not a resident of the school district or that the child is not the educational responsibility of the state agency, the dispute shall, on the motion of any party to the dispute, be resolved by the commissioner of elementary and secondary education or the commissioner’s designee who shall hold a hearing and determine the issue. At any hearing, all parties in interest shall have the right to a notice of the hearing and an opportunity to present evidence and argument on their own behalf. A hearing under § 16-39-2 shall not be a prerequisite to a hearing under this section. The commissioner of elementary and secondary education shall have power to issue any interim orders pending a hearing needed to insure that a child receives education during the pendency of any matter. Interim orders and all final orders shall be enforceable in the superior court for Providence County at the request of any interested party and shall be subject to review in the superior court in accordance with the Rhode Island Administrative Procedures Act, chapter 35 of title 42.
History of Section. P.L. 1982, ch. 367, § 1.
When the family court enters an order pursuant to the provisions of § 33-15.1-2 vesting the right to control a child’s education with the department of children, youth, and families, that department shall be empowered to authorize and direct the transfer of public school pupil records pertaining to the child when the child is moved to a new city or town through action of the department of children, youth, and families.
History of Section. P.L. 1985, ch. 71, § 1.
When a student changes his or her residence during the course of a semester the student shall be allowed to complete the semester in his or her original city or town of residence. If the student is a senior or about to enter his or her senior year the student shall be allowed to complete his or her senior year in his or her original city or town of residence. No school district shall be required to provide transportation to a student exercising the option permitted by this section. No school district shall require a student to exercise the option allowed in this section. No school district shall be required to pay tuition for a student who exercises the option allowed in this section. Nothing in this section shall be construed to diminish the rights of any person covered by the McKinney Homeless Assistance Act (P.L. 105-220), 42 U.S.C. § 11431 et seq.
History of Section. P.L. 1989, ch. 94, § 1; P.L. 2001, ch. 77, art. 22, § 3.
[Repealed]
History of Section. P.L. 1997, ch. 145, § 1; P.L. 1997, ch. 159, § 1; Repealed by P.L. 2001, ch. 77, art. 22, § 4, effective July 1, 2001. For present similar provisions, see § 16-64-1.1.
Members of the general assembly shall be entitled to audit courses at state colleges and universities without the payment of tuition, fees, or charges. Admission into particular courses shall be limited to one course per semester per legislator and where space is available.
History of Section. P.L. 1984, ch. 390, § 1.
This chapter shall be known as the “Rhode Island School Staff Institute Act”.
History of Section. P.L. 1985, ch. 59, § 1.
The general assembly has found and declares that:
(1) In-service education is different from pre-service education. Effective staff development programs are directed at educational improvements and also encourage the professional development of individual participants.
(2) In-service education, whether local, state, or federally supported, must be designed as an integral part of the school program.
(3) The most effective in-service education programs are those with a high degree of participant control.
(4) In-service education programs most beneficial to students are those designed primarily to improve the quality of teaching in a school or department of a school.
(5) In-service education programs most beneficial to school department staff are those that are designed to improve professional practices and/or provide professional growth and stimulation.
History of Section. P.L. 1985, ch. 59, § 1.
The Rhode Island school staff institute is created as a part of the department of elementary and secondary education.
History of Section. P.L. 1985, ch. 59, § 1.
The department of elementary and secondary education shall:
(1) Establish policies and procedures for the institute consistent with this chapter.
(2) Carry out the following responsibilities:
(i) Receive, process, and approve requests for in-service education program grants;
(ii) Inform all school systems of opportunities and resources available for in-service education;
(iii) Help to create new and productive relationships among colleges, collaboratives, school systems, and others concerned with in-service education;
(iv) Maintain an in-service resource file;
(v) Work with school staffs as they prepare their program grant proposals;
(vi) Consult with the advisory board in the development of new ways of providing in-service education;
(vii) Provide staff to work with the advisory board;
(viii) Monitor funded institute programs.
(3) Fund the operation of the institute and institute programs with income from the following sources:
(i) Those federal categorical funds available to the department and designated for in-service education, though a certain amount of these funds may be retained by the department for state in-service programs.
(ii) Any funds that may be appropriated for the institute by the general assembly.
(iii) Other funds from governmental and non-governmental sources which may be made available to the department for the purpose of funding the institute.
(iv) Institute programs and program grants. The initiative for applying for institute grants to conduct in-service programs rests with school personnel who have a common objective and a plan to meet that objective through in-service education. Once an institute program is approved and funded by the department, its operation is the responsibility of the initiating group. Programs shall be approved, funded, and operated on the following principles:
(A) Institute programs will be designed to meet federal guidelines, state priorities, and/or local needs as identified by local school staff.
(B) Institute programs should help groups with shared objectives and responsibilities to improve the instructional program or educational services offered in their schools.
(C) Members of school staffs or others who will be directly affected by the in-service programs must be invited to participate.
(D) Participation in in-service programs will be voluntary.
(E) Participants will plan their own programs, determine program format, choose consultants, and monitor and adapt programs in progress.
(F) Institute programs should respond to a diversity of school, staff, and student needs, and consultants recommended for their demonstrated capacity to help achieve program goals may come from a wide variety of fields (e.g., business, health, government, the arts, education). Institute programs will encourage new and productive relationships between schools, their communities, and the society at large.
(G) Administrators, teachers, related services personnel, or others whose support is essential to achieving and sustaining program goals should be actively involved in the program and implementation of its objectives.
(H) Programs will be offered on site unless participants determine otherwise.
(I) Professional recognition for participation in Rhode Island school staff institute programs will be determined on the local level.
(J) The department of elementary and secondary education will encourage schools to provide incentives for participation.
(K) The awarding of academic credit, if any, will be decided by participating institution(s) in consultation with the participants.
(L) Consultants who conduct the in-service will be evaluated by participants.
(M) The department of elementary and secondary education will fund only those programs that give evidence of participatory planning and that use resources and consultants of high quality.
History of Section. P.L. 1985, ch. 59, § 1.
Institute program grants may be used to pay for consultants, materials, and certain incidental expenses when these are approved by the department of elementary and secondary education; they may not be used to pay for tuition, stipends, substitutes for participants, meals, conference space, or indirect costs.
History of Section. P.L. 1985, ch. 59, § 1.
(a) The school staff institute advisory board is created, consisting of the following seventeen (17) members: eight (8) school teachers, four (4) to be appointed by the president of the Rhode Island Federation of Teachers and four (4) to be appointed by the president of the National Education Association of Rhode Island; one superintendent of schools, to be appointed by the president of the Rhode Island Association of School Superintendents; one school principal, to be appointed by the president of the Rhode Island Association of School Principals; one school committee member, to be appointed by the president of the Rhode Island Association of School Committees; three (3) higher education representatives, one to be appointed by the commissioner of higher education in consultation with the president of the University of Rhode Island, one to be appointed by the commissioner of higher education in consultation with the president of Rhode Island College, and one representing a nonpublic institution of higher education and appointed by the commissioner of elementary and secondary education in consultation with the commissioner of higher education; one public member to be appointed by the commissioner of elementary and secondary education; one member of the house of representatives, to be appointed by the speaker of the house; and one member of the senate, to be appointed by the president of the senate. The house and senate appointees shall be nonvoting members of the advisory board.
(b) With the exception of the house and senate members, the members of the advisory board shall serve two (2) year terms until the time as their successors shall be appointed. The house and senate members shall serve at the pleasure of the appointing authority.
(c) The advisory board shall organize itself at a meeting called by the speaker of the house in July of each odd numbered year.
(d) Members of the advisory board shall receive no compensation.
(e) The advisory board shall elect a chairperson and any other officers as it deems appropriate.
(f) The advisory board will review and make recommendations to the commissioner of elementary and secondary education relative to all aspects of the Rhode Island school staff institute including, but not limited to, implementation and delivery of services and funding, program approvals and denials, fiscal data, evaluation, and dissemination.
(g) The advisory board shall submit a report on the institute to the general assembly in January of each year; this report shall include but not be limited to recommendations regarding institute funding for the next fiscal year.
History of Section. P.L. 1985, ch. 59, § 1; P.L. 1985, ch. 410, § 1; P.L. 2001, ch. 86, § 57; P.L. 2001, ch. 180, § 17.
The state of Rhode Island is committed to equal education opportunity for all citizens. To ensure the fulfillment of this commitment, all persons must have the opportunity to acquire the skills of literacy: basic reading, writing, speaking, listening, and mathematics skills. The opportunity to acquire these skills must be provided in programs designed to meet the varying needs of students. Special attention must be given to prevent students from dropping out of school. Research indicates that large classes prevent teachers from meeting the learning requirements of pupils on an individualized basis, where smaller classes enable teachers to use more varied, innovative, and effective learning approaches. We can increase effectiveness of our schools by promoting smaller classes in kindergarten through third grade. A foundation in these skill areas provides students with the skills they need to complete their elementary and secondary studies, to graduate from high school, and to participate in, and to contribute to, our society as literate and productive adults.
History of Section. P.L. 1987, ch. 582, § 1.
(a) Activities under this section shall include strategies to improve the performance of students in mathematics, reading and writing, and to specifically address issues of dyslexia. Such activities must be founded on a scientific research base, as described in the No Child Left Behind Act of 2001, title I, part B, § 1208 (20 U.S.C. § 6368). Reading instruction to improve the reading skills of all students in the early grades (specifically kindergarten (K) through to and including grade five (5)) shall be consistent with the council on elementary and secondary education’s reading policy. This legislation requires that the following six (6) activities, which comprise the literacy program, be conducted:
(1) Screening for all children first entering school. All school districts that provide elementary education are required to screen all children prior to, or upon, their first entry to school to determine their level of educational readiness. All children are required to participate in this screening. Screening shall address the child’s educational development and shall be used to determine whether he or she is educationally disadvantaged in terms of readiness for instruction in the literacy skills of reading, writing, speaking, listening, or mathematics.
(2) Literacy focus in instruction in kindergarten through grade three (3) for all students. All school districts that provide elementary education shall focus their kindergarten through grade three (3) instruction for all students on literacy: reading, writing, speaking, listening, and mathematics. All instruction shall be geared to helping students achieve the outcomes in literacy that have been specified by the commissioner of elementary and secondary education. School districts are encouraged to consider reducing class size to no more than fifteen (15) students as one means to achieving these outcomes. School districts will be held accountable for student achievement of the literacy outcomes.
(3)(i) Supplementary literacy instruction for educationally disadvantaged students in grades kindergarten through twelve (12).
(ii) Supplementary literacy (reading, writing, speaking, listening, and mathematics) instruction may be required for educationally disadvantaged students. The commissioner of elementary and secondary education shall stipulate for each school district the specific cutoff points and the grades for required service each year. Services must be provided first to students who are most educationally disadvantaged. Services shall focus on instruction in reading, writing, speaking, listening, and mathematics. Program emphasis shall be as follows:
(A) Intensive development in literacy. Kindergarten through grade three (3).
(B) Early intervention in literacy. Grades four (4) through six (6).
(C) Remediation in literacy. Grades seven (7) through eight (8).
(D) Intensive remediation in literacy. Grades nine (9) through twelve (12).
(iii) School districts will be held accountable for student achievement of the literacy outcomes.
(4) Dropout prevention programs. Programs shall address the academic, social, or personal needs of potential dropouts. Projects shall be selected at the discretion of the commissioner of elementary and secondary education.
(5) State-level program support. Activities shall provide for necessary planning and administrative functions and for a broadly representative advisory council.
(6) Dyslexia-targeted assistance. The literacy program shall also include assistance to students by providing strategies that formally address dyslexia, when appropriate. In addition, the department of elementary and secondary education shall offer to school districts, at no cost to the school district or to participants in the training, professional development services to enhance the skills of elementary teachers in the use of evidence-based strategies to improve the literacy skills of students with dyslexia.
(b) As used in this section, the term “dyslexia” means a specific and significant impairment in the development of reading, including, but not limited to, phonemic awareness, phonics, fluency, vocabulary, and comprehension that is not solely accounted for by intellectual disability, sensory disability or impairment, or lack of appropriate instruction.
History of Section. P.L. 1987, ch. 582, § 1; P.L. 1988, ch. 336, § 3; P.L. 2004, ch. 185, § 1; P.L. 2004, ch. 246, § 1; P.L. 2016, ch. 205, § 1.
It is required that programs serving special population students be coordinated with the requirements of this chapter. All these programs shall focus on literacy objectives to the extent appropriate for each special population. All coordinating efforts shall not absolve participating school districts from meeting all requirements of state and/or federal laws, regulations, and mandates. In particular, programs for supplementary literacy instruction for educationally disadvantaged students in kindergarten through grade twelve (12) shall meet the following criteria which shall be included in a plan submitted annually and reviewed and approved by the department of elementary and secondary education:
(1) Services shall be based on an annual assessment of need;
(2) Programs shall have performance objectives evaluated annually;
(3) Programs must provide supplementary services;
(4) Programs must be monitored by the department of elementary and secondary education; and
(5) School districts must keep records on the above and afford access to the records by the department of elementary and secondary education.
History of Section. P.L. 1987, ch. 582, § 1.
(a) Funding of programs. The programs described in this chapter shall be funded as follows:
(1) Screening for all children first entering school. This program shall be supported by an annual appropriation. All children first entering school will be screened. Allocations to school districts will be determined by the commissioner of elementary and secondary education.
(2) Literacy focus in instruction in kindergarten through grade three (3) for all students and supplementary literacy instruction for educationally disadvantaged students in grades Kindergarten through twelve (12).
(i) These (2) programs shall be supported by funds set aside from the state operations aid to be provided to school districts; these programs may be supported with funds from the Educational Improvement Block Grant. The amount to be set aside will be four percent (4%) in each fiscal year. Each district will be informed of the set aside amount by November 1 of each year. The full set aside amount will be available for use by the district. Use of this set aside amount will be based on a plan submitted by local school districts to the department of elementary and secondary education for approval. All funds must be used to supplement, not supplant, existing activities. Use of these funds must be coordinated with other funds, including Chapter I and Section 4 funds. Provided, that the commissioner of elementary and secondary education may waive the requirement for use of all or part of the set aside amount for these purposes when it is shown to his or her satisfaction that the ongoing level of literacy instruction meets the standards set with regard to student achievement of the specified outcomes in literacy. The commissioner must respond to this request for waiver within sixty (60) days of receipt of the request. If no action is taken by the commissioner within the sixty (60) days time period the request shall be deemed approved.
(ii) The commissioner shall consider and shall address in a written decision each of the following factors in reaching a decision on whether or not a waiver shall be granted: (A) the average standardized test scores for the school district and each school within the district; (B) the number and percent of students in the school district who fall below the cut-off score established by the commissioner; (C) whether or not the scores and number of students referenced to in (A) and (B) have improved over the preceding three (3) years; (D) the percent of students for each of the preceding three (3) years who failed to graduate from high school; (E) the extent to which the literacy program of the district includes provision for: (I) integrating the literacy skills of reading, writing, speaking, and listening, (II) incorporating the literacy skills across content areas, (III) supplementing the basal reader program with the use of literature, (IV) incorporating process writing into the language arts curriculum, (V) supplementing instruction in literacy skills for low achieving students; and (F) the pupil teacher ratio in grades kindergarten through three (3). The commissioner will reply in detail to the community within the sixty (60) day period giving reasons for approval or denial of waiver.
(3) Dropout prevention programs. These programs shall be supported by an annual appropriation. Projects shall be selected and funds shall be allocated at the discretion of the commissioner of elementary and secondary education.
(4) State level program support. These activities shall be supported by an annual appropriation. Funds shall be allocated at the discretion of the commissioner of elementary and secondary education.
(b) Commissioner’s report. The commissioner shall report to the governor and general assembly regarding the implementation of the literacy and dropout prevention programs and the need to continue the set-aside provision contained in this section.
History of Section. P.L. 1987, ch. 582, § 1; P.L. 1988, ch. 336, § 3; P.L. 1991, ch. 44, art. 50, § 1; P.L. 1992, ch. 133, art. 112, § 1; P.L. 2001, ch. 86, § 58.
For the purposes of this chapter, an educationally disadvantaged student is one whose educational readiness or educational achievement is below average for his or her age or grade level in terms of specified expected outcomes in literacy: reading, writing, speaking, listening, or mathematics. The commissioner of elementary and secondary education may include achievement test results, readiness test results, and specified expected student outcomes in reading, writing, speaking, listening, and mathematics in determining service cutoff points.
History of Section. P.L. 1987, ch. 582, § 1; P.L. 1988, ch. 336, § 3.
It shall be the duty of the board of regents for elementary and secondary education to establish and promulgate regulations for the purpose of carrying out the intent of this chapter.
History of Section. P.L. 1987, ch. 582, § 1.
A state advisory council shall be established by the department of elementary and secondary education. The council shall be composed of fifteen (15) members, to be appointed by the commissioner of elementary and secondary education, and be representative of the population to be served or have demonstrated an interest in programs for educationally disadvantaged students. In appointing members to the state advisory council, the commissioner shall ensure that membership be broadly representative of the school population and include representation by teachers, parents, administrators, and school board members. Members of the state advisory council shall serve at the pleasure of the commissioner, shall serve without compensation, and shall be residents of the state. The advisory council shall advise the commissioner on all matters pertaining to the literacy and dropout prevention program.
History of Section. P.L. 1987, ch. 582, § 1.
This chapter shall be known and may be cited as the “Rhode Island High School Dropout Prevention Act of 2007.”
History of Section. P.L. 2007, ch. 226, § 1.
(a) The Rhode Island department of elementary and secondary education shall work with the school districts that have the lowest high school graduation rates. The department shall incorporate into its progressive support and intervention specific dropout prevention strategies, target resources, and gather data that will include graduation rates and educational outcomes in all Rhode Island schools.
(b) The department shall develop specific methods of targeted intervention or identify appropriate existing methods for school districts that have a dropout rate greater than fifteen percent (15%) as determined by the department of elementary and secondary education. These interventions methods may include:
(1) Early intervention for students who fail Algebra I or any ninth grade math class and have insufficient credits to be promoted;
(2) Alternative programs designed to reengage dropouts including dual enrollment courses at the community college level;
(3) Increased availability of advanced placement courses;
(4) Offering full course fee waivers for students eligible for free and reduced lunches, when enrolled in dual credit courses;
(5) Flexible programs for older students who are currently not enrolled;
(6) Comprehensive supplemental education programs for middle school students who are below grade level in reading and math;
(7) Teacher advisories and other supports that are designed to specifically address the needs of youth most at risk of dropping out of school;
(8) Strategies that are specifically designed to improve high school graduation rate of teens at highest risk for dropping out, including youth in the foster care system, pregnant and parenting youth, English as a second language learners, and teens with special education needs; and
(9) Communicating with parents and students about the availability of local afterschool programs and the academic enrichment and other activities the programs offer.
(c) The department shall also gather the following data to ensure that all programs are research-based and data-driven and use such data for continuous program improvement:
(1) The total number of high school suspensions related to truancy;
(2) Total number of students enrolled in alternative programs;
(3) Total number of students who have been reenrolled in programs with flexible schedules or community college programs;
(4) Total number of freshmen who have personal literacy plans (PLPs);
(5) Total number of students who have failed Algebra I or ninth grade math;
(6) Total number of students who are repeating the ninth grade;
(7) Total number of students receiving remedial programming in the ninth grade; and
(8) The percentage of children in the care of DCYF who do not graduate from high school.
(d) In school districts involved in progressive support intervention the department of elementary and secondary education shall prepare and submit each year a written report that documents:
(1) The outcomes of the dropout prevention strategies to date, at the school district level; and
(2) How the school district dropout prevention strategies and activities will be modified, based on the data.
History of Section. P.L. 2007, ch. 226, § 1.
(a) Children who have not yet attained eighteen (18) years of age may not withdraw from school before graduation unless they have previously developed an alternative learning plan in accordance with § 16-19-1(b) and, after implementation of the plan:
(1) The student, the student’s parent(s)/guardian, and an administrator agree to the withdrawal;
(2) At the exit interview, the student and the student’s parent(s)/guardian provide written acknowledgement of the withdrawal that meets the requirements of subsection (a)(4)(iv) of this section;
(3) The school principal provides written consent for the student to withdraw from school; and/or
(4) The withdrawal is:
(i) Due to documented financial hardship and the need of the individual to be employed to support the individual’s family or a dependent;
(ii) Due to documented illness;
(iii) By order of a court that has jurisdiction over the student; or
(iv) Accompanied by a written acknowledgement of a withdrawal under subsection (a)(2) of this section which must include a statement that the student and the student’s parent(s)/guardian understand that withdrawal from school is likely to reduce the student’s future earnings and increase the student’s likelihood of being unemployed in the future.
(b) If a child of the age described in subsection (a) is habitually absent from school and the school is unable to contact the parent(s)/guardian, the school may withdraw the child from enrollment provided that its attempts to contact the parent(s)/guardian by telephone, regular and registered mail, and home visit are documented. If a child who has been withdrawn from enrollment under this subsection returns to school, or if the school mistakenly withdraws the child from enrollment, the child shall immediately be re-enrolled.
(c) An extended withdrawal pursuant to § 16-19-1 may be authorized that is not intended to be a permanent withdrawal but which is extended because of unique difficulties and interruptions that many students are experiencing because of the COVID-19 pandemic.
History of Section. P.L. 2007, ch. 226, § 1; P.L. 2008, ch. 475, § 17; P.L. 2011, ch. 338, § 2; P.L. 2011, ch. 376, § 2; P.L. 2022, ch. 389, § 2, effective June 30, 2022; P.L. 2022, ch. 390, § 2, effective June 30, 2022.
(a) The commissioner of the Rhode Island department of elementary and secondary education and the commissioner of the Rhode Island board of governors for higher education may develop a plan for a high school “fast track to college” program that offers qualified individuals an opportunity to earn a high school diploma while earning credits for a certificate program or an associates degree.
(b) To be eligible to earn a high school diploma under this section, an individual must be either:
(1) Nineteen (19) years of age and not currently enrolled in a school; or
(2) Seventeen (17) years of age to nineteen (19) years of age and have consent from the high school that the individual is currently enrolled in.
(c) To complete the requirements for a high school diploma under this section, the individual must meet the graduation requirements of his or her local educational authority.
(d) The department, in collaboration with the board of governors for higher education, shall report to the Rhode Island general assembly on the feasibility of establishing this program and the potential cost of a pilot program by January 1, 2008.
History of Section. P.L. 2007, ch. 226, § 1.
No later than September 1, 2021, the department of elementary and secondary education shall develop and make available on its website resources to assist school districts in developing a program to ensure all teachers and school administrators have access to materials to support professional awareness of best practices on:
(1) Recognition of the characteristics of dyslexia, related disorders, dyscalculia, and dysgraphia; and
(2) Evidence-based interventions and accommodations for dyslexia, related disorders, dyscalculia, and dysgraphia.
History of Section. P.L. 2019, ch. 112, § 2; P.L. 2019, ch. 155, § 2.
(a) The department of elementary and secondary education (the “department”) shall develop a collaborative learning laboratory (the “laboratory”) to assist and promote training for parents, guardians, caregivers, and teachers in:
(1) Recognition of the characteristics of dyslexia, related disorders, dyscalculia, and dysgraphia; and
(2) Evidence-based interventions and accommodations for dyslexia, related disorders, dyscalculia, and dysgraphia.
(b) In developing the laboratory, the department shall work with professionals and experts who have proven, data-driven models of success in teaching students with dyslexia. The department shall seek to foster partnerships among educators and practitioners from both the public and private teaching sectors, with the goal of ensuring that every student in this state who has dyslexia shall be appropriately and adequately screened, diagnosed, and provided therapy, instruction, and accommodations as needed.
History of Section. P.L. 2019, ch. 112, § 2; P.L. 2019, ch. 155, § 2.
(a) The department of elementary and secondary education (the “department”) shall disseminate, using web-based technology, research-based best-practice methods by which the state and district school boards and committees shall evaluate and improve the professional development system of teachers in regard to dyslexia.
(b) The department shall also disseminate, using web-based technology, professional development in the use of integrated digital instruction at schools that include middle grades.
History of Section. P.L. 2019, ch. 112, § 2; P.L. 2019, ch. 155, § 2.
No later than the 2021-2022 school year, the department of elementary and secondary education (the “department”) shall collaborate with the board of education to require that all department-approved undergraduate educator preparation programs for licensure as a teacher of elementary education and as a reading specialist/consultant include instruction in:
(1) Dyslexia professional awareness of the characteristics of dyslexia and related disorders;
(2) Evidence-based interventions and accommodations for dyslexia and related disorders; and
(3) Completion of a classroom educator program providing instruction in the use of specific dyslexia- and related disorder-targeted methods of teaching.
History of Section. P.L. 2019, ch. 112, § 2; P.L. 2019, ch. 155, § 2.
(a) No later than January 1, 2020, the general assembly shall form a joint study research commission (the “commission”) consisting of nine (9) members to be appointed as follows: one with expertise in educating students with learning disabilities to be appointed by the speaker of the house; one with expertise in educating students with learning disabilities to be appointed by the president of the senate; one with expertise in educating students with learning disabilities to be appointed by the governor; one member of the house of representatives, who shall be appointed by the speaker of the house; one member of the senate, who shall be appointed by the president of the senate; three (3) teachers with expertise in dyslexia to be appointed jointly by the speaker of the house and the president of the senate; and one parent of a student with dyslexia, who shall be appointed by the speaker of the house.
(b) The purpose of the commission shall be to study the possibility and feasibility of establishing two (2) schools, to be located on the university of Rhode Island and Rhode Island college campuses, that would be dedicated to the instruction of dyslexic children and the development of instructional techniques and professional development programs used to improve the instruction and identification of dyslexia and other learning disabilities.
(c) The commission shall be funded by the general assembly, and shall visit no fewer than four (4) schools dedicated to the education of dyslexic children, provided that if a school selected for visitation is greater than forty (40) miles away from the state of Rhode Island’s capitol building, the visit may be conducted virtually.
(d) The commission shall render a report to the governor and to the general assembly prior to the commencement of the 2021 legislative session on the ways in which the department can enforce realistic goals pertaining to the increased availability of quality instruction for:
(1) Students with dyslexia and other learning disabilities; and
(2) Instructors, administrators, and special educators regarding dyslexia and other learning disabilities.
History of Section. P.L. 2019, ch. 112, § 2; P.L. 2019, ch. 155, § 2.
[Repealed]
History of Section. P.L. 1988, ch. 336, § 4; P.L. 1990, ch. 65, art. 36, § 1; P.L. 1992, ch. 133, art. 10, § 1; Repealed by P.L. 1993, ch. 75, § 1, effective July 6, 1993.
This chapter shall be known as the “60/40 Funding of Public Schools Act”.
History of Section. P.L. 1988, ch. 336, § 12.
(a) In defining the percentage of state support to fund elementary and secondary education, the state’s share shall be defined to include appropriations for the following:
(1) Chapter 4 of this title, Permanent School Fund;
(2) Chapter 5 of this title, State Aid;
(3) Chapter 7 of this title, Foundation Level School Support;
(4) Chapter 15 of this title, Teachers’ Pension;
(5) Chapter 23 of this title, Textbooks;
(6) Chapter 24 of this title, Children with disabilities;
(7) Chapter 25 of this title, Education of children who are Deaf or Blind;
(8) Chapter 42 of this title, Education of Gifted Children;
(9) Chapter 45 of this title, Regional Vocational Schools;
(10) Chapter 54 of this title, Education of Limited-English Proficient Students;
(11) Chapter 67 of this title, Rhode Island Literacy and Drop-Out Prevention Act; and
(12) Other educational laws as may be enacted by the general assembly.
(b) The local percentage shall be defined to include all city and town revenues the school district obtains, excluding fees from admissions to school events, and federal aid.
(c) In determining the local percentage of school aid, the board of regents for elementary and secondary education shall adopt rules and regulations pertaining to the definition.
History of Section. P.L. 1988, ch. 336, § 12; P.L. 1999, ch. 83, § 38; P.L. 1999, ch. 130, § 38.
Each year the board of regents for elementary and secondary education shall make a report to the governor and the general assembly which shall include the following:
(1) The percent of state support of public education for the last completed fiscal year.
(2) The projected percent of state support for the current fiscal year.
(3) The estimated percent of state support for the ensuing fiscal year.
(4) Recommended steps for the governor and the general assembly to meet spending targets to achieve or maintain 60/40 state-local funding.
History of Section. P.L. 1988, ch. 336, § 12.
[Repealed]
History of Section. P.L. 1988, ch. 336, § 12; Repealed by P.L. 1996, ch. 404, § 24, effective August 9, 1996.
This chapter shall be known and may be cited as “The Onward We Learn Scholarship Act”.
History of Section. P.L. 1990, ch. 311, § 1; P.L. 2017, ch. 227, § 2; P.L. 2017, ch. 239, § 2; P.L. 2024, ch. 117, art. 8, § 6, effective June 17, 2024.
It is found and declared as follows:
(1) Rhode Island must continue to develop the educational and career and technical skills of its students for its continued economic development, prosperity, and for maintaining and improving its quality of life.
(2) The present and future workforce requires ever higher levels of educational and career and technical training in order to improve the economic prosperity of our state and nation.
(3) With regard to high school graduation and college going rates, the state’s low-income students continue to lag behind their peers.
(4) A comprehensive, long-range strategy is essential if this critical problem is to be addressed. This plan will need to incorporate the elements of programs that have demonstrated success in supporting underrepresented, first-generation and low-income students, including appropriate incentives to encourage and support these students toward the goal of graduating from school and pursuing and completing higher levels of education and training.
(5) This plan will require the involvement and support of families, educators, and the community at large, working closely with underserved students, and must provide students with a well-organized and directed advisory program to include intensive orientation and training of these advisors.
History of Section. P.L. 1990, ch. 311, § 1; P.L. 2017, ch. 227, § 2; P.L. 2017, ch. 239, § 2.
The council on postsecondary education is empowered to establish and provide as part of the operation of the office of the postsecondary commissioner methods and procedures for the state’s support of the onward we learn scholarship and provide financial and technical assistance as needed.
History of Section. P.L. 1990, ch. 311, § 1; P.L. 2017, ch. 227, § 2; P.L. 2017, ch. 239, § 2; P.L. 2024, ch. 117, art. 8, § 6, effective June 17, 2024.
The council on postsecondary education shall have the following powers and duties:
(1) To prepare with the assistance of the commissioner of postsecondary education and to present annually to the state budget officer in accordance with § 35-3-4, as part of the state higher education budget, a line-item budget request specifically designated as the state’s share of support for the onward we learn scholarship program. The budget shall be designated as a specific, line-item budget request and shall be presented as part of the budget of the postsecondary commissioner; and
(2) To provide, through its office of the postsecondary commissioner, the authority to designate the onward we learn scholarship program, a 501(c)(3) nonprofit organization registered with the Rhode Island secretary of state, as the entity that will administer and operate all program services and manage scholarship resources associated with the federal GEAR UP program.
History of Section. P.L. 1990, ch. 311, § 1; P.L. 2017, ch. 227, § 2; P.L. 2017, ch. 239, § 2; P.L. 2024, ch. 117, art. 8, § 6, effective June 17, 2024.
The general assembly shall annually appropriate any sums as it deems necessary as the state’s share for the support and maintenance of the onward we learn scholarship program, including operational and scholarship support, and the state controller is authorized and directed to draw their orders upon the general treasurer for the payment of the appropriations upon receipt by the state controller of the proper voucher the office of the postsecondary commissioner may provide. The office of the postsecondary commissioner shall present the voucher to the state controller no later than the last day of the first month of the fiscal year for which the appropriation is made and this appropriation shall be remitted to the accounts of the onward we learn scholarship program by the state treasurer no later than the last day of the second month of the fiscal year.
History of Section. P.L. 1990, ch. 311, § 1; P.L. 2017, ch. 227, § 2; P.L. 2017, ch. 239, § 2; P.L. 2024, ch. 117, art. 8, § 6, effective June 17, 2024.
The onward we learn scholarship program shall complete an annual audit completed by prior to the employment of private auditors. Audit work papers of the private auditors shall be made available upon request to the auditor general and/or the director of administration for their review, at the completion of the audit.
History of Section. P.L. 1997, ch. 30, art. 1, § 18; P.L. 2017, ch. 227, § 2; P.L. 2017, ch. 239, § 2; P.L. 2024, ch. 117, art. 8, § 6, effective June 17, 2024.
This chapter shall be known as the “Educational Records Bill of Rights Act”.
History of Section. P.L. 1991, ch. 306, § 1.
The parents or guardians of each child enrolled in an elementary or secondary school within the state, or the student if over the age of eighteen (18), shall annually be notified in writing by the school district responsible for the operation of the school of their rights under this chapter. Agencies and institutions of elementary and secondary education shall provide for the need to effectively notify parents of students identified as having a primary or home language other than English.
History of Section. P.L. 1991, ch. 306, § 1.
(a) The parent, legal guardian, or eligible student, shall have the following enumerated rights:
(1) The right to personally inspect and review records in existence at the time of the request that are required to be kept by law or regulation of the student within ten (10) days of the request. The request shall be made to the school’s principal or designated appropriate authority;
(2) The right to a reasonable explanation and interpretation of the records;
(3) The right to copies of the records. The cost per copied page of written records shall not exceed fifteen cents ($.15) per page for records copyable on common business or legal size paper. No fee will be assessed to search for or to retrieve the records;
(4) The right to have the records preserved as long as a request to inspect is outstanding;
(5) The right to request an amendment and/or expungement of the records if the parent or eligible student believes that the information contained in these records is inaccurate, misleading, or in violation of the student’s right to privacy; this request shall be made in writing to the appropriate records keeper.
(6) The right to place a statement in the record commenting on any contested information in the record. This statement shall be maintained with the contested part of the record for as long as the record is maintained and it shall be disclosed when the portion of the record to which it relates is disclosed;
(7) The right to have the records kept confidential and not released to any other individual, agency or organization without prior written consent of the parent, legal guardian or eligible student, except to the extent that the release of the records is authorized by the provisions of 20 U.S.C. § 1232g or other applicable law or court process.
(b) Any person aggrieved under this chapter shall have the right to appeal in accordance with the provisions of chapter 39 of this title.
History of Section. P.L. 1991, ch. 306, § 1; P.L. 2004, ch. 97, § 1; P.L. 2004, ch. 106, § 1; P.L. 2013, ch. 501, § 73.
Should a decision be rendered against the school system, the records shall be corrected by the school system in accordance with the decision.
History of Section. P.L. 1991, ch. 306, § 1.
The rights of parents as enumerated in this chapter shall also pertain to legal guardians.
History of Section. P.L. 1991, ch. 306, § 1.
For the purposes of this chapter the term “records” shall be defined in accordance with the definition of “education records” contained in 20 U.S.C. § 1232g.
History of Section. P.L. 1991, ch. 306, § 1.
This section shall be known and may be cited as the “Rhode Island Challenge Grants Act”.
History of Section. P.L. 1993, ch. 138, art. 42, § 1.
The legislature recognizes that the University of Rhode Island, Rhode Island College, and the Community College of Rhode Island would be greatly strengthened by the addition of funds for capital improvements which are essential for the maintenance and future development of physical assets. It recognizes that private support in addition to state support is desirable in achieving this goal. It is the intent of the legislature to provide the opportunity to each public institution of higher education in Rhode Island to receive and match challenge grants for capital projects within the university, the college, and the community college. The associated foundations that serve these institutions shall solicit and receive gifts from private sources to provide for matching funds to the challenge grants for the establishment of capital projects.
History of Section. P.L. 1993, ch. 138, art. 42, § 1.
(a) For the duration of the program, each institution of public higher education shall be eligible to receive one-third (⅓) of the funds estimated to be available by the director of administration. Provided, in no instance shall amounts allocated by the board of governors exceed those estimated to be available by the director of administration. The amount allocated to the institutions by the board of governors for higher education shall be in the following manner: Each institution which raises contributions for capital projects of no less than one hundred fifty thousand dollars ($150,000) each shall receive a matching grant equal to thirty-three percent (33%) of the private contribution for each and every contribution.
(b) For the purposes of determining the amount of a matching grant, multiple grants from a single individual, corporation, or foundation within a twelve (12) month period shall be matched at the total amount of the contribution made for the purposes of this section. Each institution’s foundation shall establish its own Rhode Island capital fund as a depository for private contributions and state matching funds as provided in this section. State matching funds shall be transferred to an institutional foundation upon notification that the institution has received and deposited a proportionate amount specific in this section.
(c) The foundation serving the institution shall have the responsibility for the maintenance and investment of its capital fund and for the administration of the program for the institution. The government board of each foundation shall be responsible for assisting in the solicitation of gifts and for receiving gifts to be used as funds to be deposited and matched within the challenge grants for the establishment of the capital fund for each institution. Each foundation shall include in its annual report to the board of governors for higher education information concerning collection and investment of donations and matching grants of the capital fund.
History of Section. P.L. 1993, ch. 138, art. 42, § 1; P.L. 2001, ch. 86, § 59.
When the sum of the challenge grant and matching funds for a particular capital project has been deposited into the institutional foundation’s capital fund account, the president of the institution shall recommend to the board of governors for higher education the establishment of a capital project. Upon the approval of the board of governors, the capital project will be established and may be named in honor of a donor, benefactor, or honoree of the institution, at the option of the president.
History of Section. P.L. 1993, ch. 138, art. 42, § 1.
It is found and declared that:
(1) All children are capable of success and schools are the centers of vibrant communities. The growing social needs of children directly affect their ability to perform successfully in school because health, emotional, social, and family problems can impede learning.
(2) Schools are most effective when families take active roles in the education of children. Community schools are in a unique position to provide the vital links between education, social services, and health care to children and their families.
(3) It is important that schools be assisted in fulfilling the critical function of coordinating the delivery of comprehensive social services at or near the site of public schools to address the particular needs of each school community.
History of Section. P.L. 1993, ch. 465, § 1; P.L. 2017, ch. 215, § 2; P.L. 2017, ch. 257, § 2.
“Child opportunity zone,” Rhode Island’s community school initiative, means a site at or near a school that provides: early childhood initiatives; before-school, after-school, and summer enrichment programs; health and mental health services; parent engagement, adult education, workforce development training; or any combination of these programs based upon the students and the community’s needs.
History of Section. P.L. 2017, ch. 215, § 3; P.L. 2017, ch. 257, § 3.
The children’s cabinet shall incorporate into its strategic plan “child opportunity zones” as a means to deliver comprehensive and coordinated social services at or near public school sites. The commissioner of elementary and secondary education shall undertake activities including, but not limited to, the award of and administration of grants to further the purpose set forth in this chapter.
History of Section. P.L. 1993, ch. 465, § 1; P.L. 2017, ch. 215, § 2; P.L. 2017, ch. 257, § 2.
The commissioner of elementary and secondary education may promulgate any rules and regulations that are deemed necessary for the purpose of this chapter.
History of Section. P.L. 1993, ch. 465, § 1.
[Repealed]
History of Section. P.L. 1993, ch. 465, § 1; Repealed by P.L. 2001, ch. 86, § 60, effective July 6, 2001.
The purpose of child opportunity zones is to implement programs related to the specific community needs that ultimately increase student performance in school. The child opportunity zone shall provide a means to integrate education, health, and social services into schools and link families to the school and community resources. The child opportunity zone may operate programs, including, but not limited to: early childhood initiatives; before-school, after-school and summer enrichment; family engagement initiatives; adult education and family literacy programs based upon community needs.
History of Section. P.L. 2017, ch. 215, § 3; P.L. 2017, ch. 257, § 3.
The department of elementary and secondary education shall provide an annual report by August 1 of each year to the president of the senate and speaker of the house of representatives regarding the number of children and families served, and appropriate outcome data for each program operated by a child opportunity zone.
History of Section. P.L. 2017, ch. 215, § 3; P.L. 2017, ch. 257, § 3.
(a) Accumulated data is needed to identify and assess the workload, duties, and responsibilities of school social workers. The 2009 basic education plan drafted by the department of education:
(1) Delegates to the local education agency the ultimate responsibility for the operation of a system of education and support services that is reasonably designed and adequately resourced to achieve compliance with all aspects of the basic education plan;
(2) Requires that the local education agency provide a supportive and nurturing school community; and
(3) Provides adequate psychological, mental health, and social services.
(b) The state department of education shall develop a standard measure that will identify the number of school social workers in the state, and the actual nature and scope of work and services that they provide. Specifically, it shall solicit information concerning:
(1) Prevention and intervention services;
(2) Counselor services assessments;
(3) Consultation;
(4) Parent and community liaison;
(5) Attempts to reduce violence;
(6) Referrals and collaboration; and
(7) Promoting adherence to federal mandates, involvement in school activities, and training.
(c) School departments shall ascertain and forward to the state department of education the following information:
(1) The number of social assessments completed;
(2) The number of family contacts;
(3) The number of staff meetings attended;
(4) The number of community contacts;
(5) The number of teacher consultation contacts;
(6) The number of functional behavioral assessments (FBAs) completed;
(7) The number of individualized educational plan (IEP) meetings attended;
(8) The number of individual counseling sessions; and
(9) The number of group counseling sessions.
(d) Every school social worker shall complete this standard measure for one complete school year.
History of Section. P.L. 2018, ch. 162, § 3; P.L. 2018, ch. 197, § 3.
The department of education shall gather all the information concerning the duties and responsibilities of school social workers provided to it by local school departments. It shall summarize the information in a report that shall be delivered to the chairpersons of the house of representatives health education and welfare committee and the senate committee on education in January of 2020.
History of Section. P.L. 2018, ch. 162, § 3; P.L. 2018, ch. 197, § 3.
(a) The current system of education financing does not provide for absolute equity, does not account completely for individual student needs, and relies too heavily on the property tax, and the governor through executive order 92-9 and the twenty-first century commission through its final report as endorsed by the board of regents for elementary and secondary education has cited the need for a guaranteed student entitlement program, it is enacted that the commissioner of elementary and secondary education present to the general assembly a new state aid education formula referred to as the “guaranteed student entitlement program”, based on the definition of equity in school funding in subsection (b).
(b) “Equity” is defined as equal treatment of students and taxpayers. It means that a sufficient amount of money is allocated to enable all students to achieve learner outcomes, and tax burdens shall be based on ability to pay. It means that money spent for a child’s education shall not be a function of district wealth, and that all students shall have the same educational opportunities. The quality of education provided must be a function of statewide wealth.
History of Section. P.L. 1993, ch. 239, § 1.
(a) The guaranteed student entitlement program shall:
(1) Limit the property tax rate levied in each community for education;
(2) Provide for the costs necessary to educate students with special or additional needs;
(3) Provide for an examination of expenditures to determine their support of student achievement trends and state education goals;
(4) Provide for incentives to improve student achievement;
(5) Provide for the establishment of a per pupil expenditure rate which shall also take into account the costs of programs for children with special needs and circumstances;
(6) Establish a process to determine the rates in subdivision (5) of this subsection;
(7) Provide for the design of an appropriate database; and
(8) Include an implementation plan.
(b) District contributions shall be based upon property values and income.
(c) The department of administration shall provide recommendations for adjustments to the state and local tax structures to achieve the goals outlined in subdivisions (a)(1) through (8).
(d) The commissioner of elementary and secondary education shall consult with various state and private parties which shall include but not be limited to the executive department, legislature, department of administration, league of cities and towns, school committees association, RIPEC, parent groups, teacher groups, and other interested organizations.
History of Section. P.L. 1993, ch. 239, § 1.
[Repealed]
History of Section. P.L. 1993, ch. 415, § 1; Repealed by P.L. 1994, ch. 297, § 4, effective September 1, 1994.
As used in this chapter, “sexual harassment” means any unwelcome sexual advances or requests for sexual favors or any other verbal or physical conduct of a sexual nature when submission to this conduct or advances or requests is made either explicitly or implicitly a term or condition of an individual’s academic success.
History of Section. P.L. 1995, ch. 68, § 1.
Every institution of higher learning in the state shall develop a written policy to respond to sexual harassment and shall report to the general assembly on or before February 15 of each year on the status and implementation of that policy.
History of Section. P.L. 1995, ch. 68, § 1.
Any institution which fails to comply with this chapter shall be subject to a fine of not more than five hundred dollars ($500).
History of Section. P.L. 1995, ch. 68, § 1.
When a student has presented to an institution of higher education an internal complaint alleging harassment on the basis of race or color, religion, sex, disability, age, sexual orientation, gender identity or expression, or country of ancestral origin, the institution shall be required to disclose in a timely manner in writing to that student the disposition of the complaint, including a description of any action taken in resolution of the complaint; provided, however, no other personnel information shall be disclosed to the complainant.
History of Section. P.L. 2003, ch. 131, § 1; P.L. 2003, ch. 173, § 1.
As used in this chapter, the term “incident of violence” shall include any event or occurrence where any person abuses or causes physical injury to another person, or threatens to abuse or to cause physical injury to another person. Incidents of violence shall include, but not be limited to, domestic violence, dating violence, stalking, and sexual assault.
History of Section. P.L. 2016, ch. 431, § 1; P.L. 2016, ch. 432, § 1.
(a) Every institution of higher education in the state shall adopt and implement the following policy as part of its code of conduct:
(a) “The health and safety of every student at the (name of institution) is of utmost importance. (Name of institution) recognizes that students who have been drinking and/or using drugs (whether such use is voluntary or involuntary) at the time that an incident of violence occurs, including, but not limited to, domestic violence, dating violence, stalking, or sexual assault may be hesitant to report such incidents due to fear of potential consequences for their own conduct. (Name of institution) strongly encourages students to report incidents of violence to institution officials. A bystander acting in good faith, or a reporting individual acting in good faith, who discloses any incident of violence to (name of institution)’s officials or law enforcement will not be subject to (name of institution)’s code of conduct action for violations of alcohol- and/or drug-use policies occurring at or near the time of the commission of the incident of violence.”
(b) Nothing in this chapter shall be construed to limit an institution’s ability to provide amnesty in additional circumstances.
History of Section. P.L. 2016, ch. 431, § 1; P.L. 2016, ch. 432, § 1.
Chapters 16-77, 16-77.1, 16-77.2, 16-77.3, and 16-77.4 of the general laws shall be known and may be cited collectively as the “Charter Public School Act of Rhode Island” or as the “Act”.
History of Section. P.L. 1995, ch. 197, § 1; P.L. 2010, ch. 84, § 1; P.L. 2010, ch. 107, § 1.
[Repealed]
History of Section. P.L. 1995, ch. 197, § 1; P.L. 1998, ch. 142, § 1; Repealed by P.L. 2010, ch. 84, § 2, effective June 16, 2010, and by P.L. 2010, ch. 107, § 2, effective June 22, 2010.
As used in this chapter, the following words shall have the following meanings:
(1) “District charter schools” means schools created by existing public schools, groups of public school personnel, public school districts, or a group of school districts.
(2) “Independent charter schools” means schools created by: (I) Rhode Island nonprofit organizations provided that these nonprofit organizations shall have existed for at least two (2) years and must exist for a substantial reason other than to operate a school; or (ii) Colleges or universities within the State of Rhode Island.
(3) “Mayoral academies” means schools created by a mayor of any city or town within the State of Rhode Island, acting by or through a nonprofit organization (regardless of the time said nonprofit organization is in existence) to establish a mayoral academy as hereinafter described in chapter 16-77.4 (“Mayoral Academies”). For purposes of this chapter the term “mayor” shall include any elected town administrator.
(4) “Charter public schools” means district charter schools, independent charter schools, or mayoral academies.
(5) “Board of regents” means the Rhode Island board of regents for elementary and secondary education.
(6) “Commissioner” means the Rhode Island commissioner of elementary and secondary education.
(7) “Sending school district” means the district where the student attending or planning to attend a charter public school resides.
History of Section. P.L. 2010, ch. 84, § 3; P.L. 2010, ch. 107, § 3.
[Repealed]
History of Section. P.L. 1995, ch. 197, § 1; P.L. 1998, ch. 142, § 1; P.L. 2001, ch. 77, art. 22, § 6; P.L. 2004, ch. 595, art. 23, § 3; P.L. 2005, ch. 117, art. 13, § 4; P.L. 2008, ch. 100, art. 38, § 2; Repealed by P.L. 2010, ch. 84, § 2, effective June 16, 2010, and by P.L. 2010, ch. 107, § 2, effective June 22, 2010.
(a) The purpose of this chapter is to provide an alternative within the public education system by offering opportunities for entities identified in § 16-77-2.1 to establish and maintain a high performing public school program according to the terms of a charter. The key appeal of the charter school concept is its promise of increased accountability for student achievement in exchange for increased school autonomy.
(b) Charter public schools are intended to be vanguards, laboratories, and an expression of the on-going and vital state interest in the improvement of education. Notwithstanding the provisions of this section or any law to the contrary, a charter school shall be deemed to be a public school acting under state law and subject to the Age Discrimination Act of 1975, 42 U.S.C. § 6101, et seq., title VI of the Civil Rights Act of 1964, 42 U.S.C. § 2000d, et seq., title IX of the educational amendments of 1972, 20 U.S.C. § 1681, et seq., § 794 of title 29, and part B of the Individuals With Disabilities Education Act, 20 U.S.C. § 1411, et seq. All students and prospective students of a charter school shall be deemed to be public school students, having all the same rights under federal and Rhode Island law as students and prospective students at a non-chartered public school. These charter public schools shall be vehicles for research and development in areas such as curriculum, pedagogy, administration, materials, facilities, governance, parent relations and involvement, social development, instructor’s and administrator’s responsibilities, working conditions, student performance and fiscal accountability. It is the intent of the general assembly to create within the public school system vehicles for innovative learning opportunities to be utilized and evaluated in pilot projects. The provisions of this chapter are to be interpreted liberally to support the purposes set forth in this chapter and to advance a renewed commitment by the state to the mission, goals, and diversity of public education.
(c) It is the intent of the general assembly to provide opportunities for teachers, parents, pupils, and community members to establish and maintain public schools that operate independently as a method to accomplish all of the following:
(1) Improve pupil learning by creating schools with rigorous academic standards in all basic areas of instruction for high pupil performance;
(2) Increase learning opportunities for all pupils, with special emphasis on expanded learning experiences for pupils who are identified as educationally disadvantaged and at-risk;
(3) Encourage the use of innovative teaching methods;
(4) Create opportunities for teachers, including the opportunity to be responsible for the learning program at the school site;
(5) Provide parents and pupils with expanded choices in the types of educational opportunities that are available within the public school system;
(6) Hold the schools established under this chapter accountable for meeting publicly promulgated, measurable, state and charter-based pupil academic results, and provide the schools with a method to implement performance-based and/or other student-based accountability systems, while providing a means to restrict the expansion of ineffective charter public schools; and
(7) Encourage parental and community involvement with public schools.
(d) No private or parochial schools shall be eligible for charter public school status, nor shall a charter public school be affiliated in any way with a sectarian school or religious institution. Any charter public school authorized by this chapter shall be nonsectarian and nonreligious in its programs, admissions policies, employment practices, and all other operations. The board of regents shall not approve a charter to a school whose overall operation or education program is managed by a for profit entity.
(e) The commissioner is empowered to promulgate rules and regulations consistent with this chapter, in conformance with chapter 35 of title 42, for the creation and operation of charter public schools. These rules and regulations shall set forth the process for rescission of state approval of a charter public school, including appropriate protections to ensure the continued provision of education services to the students of the charter public school whose charter is rescinded.
(f) All charter public schools shall adhere to financial record keeping, reporting, auditing requirements, and procedures as required by the Rhode Island department of education and in accordance with federal and state laws and regulations.
(g) No more than thirty-five (35) charters shall be granted. At least one-half (½) of the total number of charter public schools in the state shall be reserved for charter school applications which are designed to increase the educational opportunities for at-risk pupils.
History of Section. P.L. 2010, ch. 84, § 3; P.L. 2010, ch. 107, § 3.
[Repealed]
History of Section. P.L. 1995, ch. 197, § 1; P.L. 1998, ch. 142, § 1; P.L. 2006, ch. 102, § 1; P.L. 2006, ch. 128, § 1; P.L. 2008, ch. 100, art. 38, § 2; Repealed by P.L. 2010, ch. 84, § 2, effective June 16, 2010, and by P.L. 2010, ch. 107, § 2, effective June 22, 2010.
Charter public schools have the same immunity possessed by school districts to suit as limited by chapter 31 of title 9. A charter public school shall have the authority to indemnify its employees to the extent that they are not already indemnified by the school district and/or the board of regents pursuant to § 9-1-31.
History of Section. P.L. 2010, ch. 84, § 3; P.L. 2010, ch. 107, § 3.
[Repealed]
History of Section. P.L. 1995, ch. 197, § 1; P.L. 1998, ch. 142, § 1; Repealed by P.L. 2010, ch. 84, § 2, effective June 16, 2010, and by P.L. 2010, ch. 107, § 2, effective June 22, 2010.
[Repealed]
History of Section. P.L. 1995, ch. 197, § 1; P.L. 1998, ch. 142, § 1; P.L. 2004, ch. 595, art. 23, § 3; P.L. 2005, ch. 117, art. 13, § 4; Repealed by P.L. 2010, ch. 84, § 2, effective June 16, 2010, and by P.L. 2010, ch. 107, § 2, effective June 22, 2010.
(a) Individuals or groups may complain to a charter public school’s governing body concerning any claimed violation of the provisions of this chapter by the school. If, after presenting their complaint to the governing body, the individuals or groups believe their complaint has not been adequately addressed, they may submit their complaint to the commissioner who shall hear and decide the issue pursuant to §§ 16-39-1 and 16-39-2.
(b) Charter public school approval for establishment or continuation shall be for up to a five-year (5) period. In either case, council on elementary and secondary education approval is required.
(c) Local, written support shall be required for a proposed charter that is a network charter school as defined herein. “Written support” means a resolution or ordinance granted by the town or city council for each proposed sending district where the council considers the fiscal and educational welfare of the municipality and students after at least one public hearing.
(d) A charter public school, as defined in § 16-77-2.1, shall be considered a network charter school if the charter public school encompasses, or will encompass, elementary and secondary schools or multiple elementary or multiple secondary schools.
(e) Charter public schools, as defined in § 16-77-2.1(4) and authorized as of the effective date of this act [July 13, 2016], shall be exempt from subsection (c) of this section and shall not require local, written support under subsection (c) for any proposed expansion or charter renewal.
(f) A proposed charter, or amendment to a charter for expansion, may proceed through the approval process by removing districts that have not provided written support, in accordance with this section, from the catchment area and may be approved with the remaining districts in the catchment area, provided that the application satisfies the requirements of regulations and law.
However, the charter may be revoked at any time if the school:
(1) Materially violates provisions contained in the charter;
(2) Fails to meet or pursue the educational objectives contained in the charter;
(3) Fails to comply with fiscal accountability procedures as specified in the charter;
(4) Violates provisions of law that have not been granted variance by the council on elementary and secondary education; or
(5) After three (3) consecutive years of operation, is not a “high-performing charter school,” defined as a charter public school that has demonstrated overall success, including: (i) Substantial progress in improving student achievement; and (ii) The management and leadership necessary to establish a thriving, financially viable charter public school.
(g) After denying, or prior to non-renewing or revoking a charter, the department of elementary and secondary education will hold a hearing on the issues in controversy under § 16-39-1.
(h) The establishment of new charter public schools shall be contingent upon state approval and appropriation.
History of Section. P.L. 2010, ch. 84, § 3; P.L. 2010, ch. 107, § 3; P.L. 2016, ch. 466, § 1.
[Repealed]
History of Section. P.L. 1995, ch. 197, § 1; P.L. 2007, ch. 382, § 1; P.L. 2007, ch. 406, § 1; Repealed by P.L. 2010, ch. 84, § 2, effective June 16, 2010, and by P.L. 2010, ch. 107, § 2, effective June 22, 2010.
(a) No student tuition or mandatory fees may be charged by any charter public school.
(b) A charter public school may include any grade up to grade twelve (12) or any configuration of those grades, including kindergarten and prekindergarten. If specified in its charter, a charter public school may also operate an adult education program, adult high school completion program, or general education development testing preparation program.
(c) It is the intent of the general assembly that priority of consideration be given to charter public school applications designed to increase the educational opportunities of educationally disadvantaged and at-risk pupils.
(d) A student who is not under suspension or expulsion for discipline reasons may withdraw from a charter public school at any time and enroll in another public school in the district where the student resides as determined by the school committee of the district. A student may be suspended or expelled from a charter public school in accordance with the board of regents regulations for suspensions and/or expulsions, and other public schools may give full faith and credit to that suspension or expulsion.
(e) The governing body of a charter public school shall be subject to the Open Meetings Law, chapter 46 of title 42.
History of Section. P.L. 2010, ch. 84, § 3; P.L. 2010, ch. 107, § 3.
[Repealed]
History of Section. P.L. 1995, ch. 197, § 1; P.L. 1998, ch. 142, § 1; Repealed by P.L. 2010, ch. 84, § 2, effective June 16, 2010, and by P.L. 2010, ch. 107, § 2, effective June 22, 2010.
[Repealed]
History of Section. P.L. 1995, ch. 197, § 1; P.L. 1998, ch. 142, § 1; P.L. 1999, ch. 366, § 1; P.L. 2005, ch. 117, art. 13, § 4; Repealed by P.L. 2010, ch. 84, § 2, effective June 16, 2010, and by P.L. 2010, ch. 107, § 2, effective June 22, 2010.
[Repealed]
History of Section. P.L. 1995, ch. 197, § 1; Repealed by P.L. 2010, ch. 84, § 2, effective June 16, 2010, and by P.L. 2010, ch. 107, § 2, effective June 22, 2010.
[Repealed]
History of Section. P.L. 1995, ch. 197, § 1; Repealed by P.L. 2010, ch. 84, § 2, effective June 16, 2010, and by P.L. 2010, ch. 107, § 2, effective June 22, 2010.
[Repealed]
History of Section. P.L. 1995, ch. 197, § 1; P.L. 2008, ch. 100, art. 38, § 2; Repealed by P.L. 2010, ch. 84, § 2, effective June 16, 2010, and by P.L. 2010, ch. 107, § 2, effective June 22, 2010.
[Repealed]
History of Section. P.L. 2004, ch. 595, art. 23, § 7; Repealed by P.L. 2010, ch. 84, § 2, effective June 16, 2010, and by P.L. 2010, ch. 107, § 2, effective June 22, 2010.
The purpose of this chapter is to provide a funding mechanism through which costs for charter public schools will be shared between the state and the local school districts sending students to a charter public school.
History of Section. P.L. 1999, ch. 366, § 2.
(a) Operating costs of a charter public school shall be the total of the per pupil payments for each student attending the charter public school. The per pupil payment for each student shall be determined based on the per pupil cost for the district of residence of each student. The state’s share of the per pupil amount for each student attending the charter public school shall be paid by the state directly to the charter public school and shall be the percent, or share ratio, previously calculated under chapter 7 of this title; provided, that in no case shall the ratio be less than thirty percent (30%), minus the five percent (5%) of per pupil cost designated for indirect cost support to the student’s school district as defined in subsection (b). The five percent (5%) indirect cost amount shall be deducted from the district per pupil cost before the state share is derived by applying the share ratio to the district per pupil cost. The local share of the per pupil amount for each student attending the charter public school shall be paid to the charter public school by the district of residence of the student and shall be the per pupil cost for the district of residence of the student minus the state share of that per pupil cost as designated in this section.
(b) In addition to all state aid to education paid to a local district pursuant to chapter 7.1 of this title, the state will pay an additional amount to the district for each student from this district who is attending a charter public school. The additional amount of state aid per pupil shall be five percent (5%) of the districts per pupil cost. The additional state aid shall be for the purpose of assisting local school districts to undertake the indirect costs borne by a district when its student attends a charter public school.
(c) The state department of elementary and secondary education shall annually determine both the state and local share of each charter public school’s operating costs by deriving the respective shares associated with each student reported as a member of the charter public school as of June 30 of the reference year as defined in § 16-7-16(11) (or the enrollment as of October 1 of the current school year in the first year of operation of a charter school). All other data used in this determination shall be based upon the reference year as defined in § 16-7-16(11).
(d) The state shall make payments of its share of operating costs to each charter public school on a quarterly basis in July, October, January, and April. The July and October payments will be based upon the reported student membership of the charter public school as of June 30 of the reference year as defined in § 16-7-16(11) (or the enrollment as of October 1 of the current school year in the first year of operation of a charter school). Charter public schools will report current student enrollment, including district of residence for school purposes of each student enrolled, and each district will report current total district operating expenses and total district enrollments (including district students enrolled in charter public schools) annually by October 1. If the October 1 data on a charter public school’s student enrollment show a ten percent (10%) or greater increase or decrease in students from the June membership count, the third and fourth quarter payments to the charter public school will be adjusted to reflect actual student enrollment in the charter public school.
(e) Local district payments to charter public schools for each district’s students enrolled in the charter public school shall also be made quarterly as designated in subsection (d); the first local district payment shall be made by August 15 instead of July. Any local school district more than thirty (30) days in arrears on a quarterly payment for its student(s) enrolled in a charter public school shall have the amount of the arrearage deducted from state aid to that district and the withheld arrearage shall be paid by the state directly to the charter public school.
(f) Local school districts with student(s) enrolled in a charter public school shall continue to report these students in the total census of district public school students and will receive state aid for all these students pursuant to the provisions of chapter 7.1 of this title.
(g) All entitlements except those provided for in § 16-24-6.2 shall be ratably reduced if less than one hundred percent (100%) of the expenditures is appropriated.
(h) For fiscal year 2007, the indirect aid paid to districts pursuant to this section shall equal the amount received in the fiscal year 2006 enacted budget by the 2005 general assembly.
History of Section. P.L. 1999, ch. 366, § 2; P.L. 2005, ch. 117, art. 13, §§ 3, 5; P.L. 2006, ch. 246, art. 19, § 8.
Charter public schools may apply for federal funds to support start up costs. Charter public schools shall become eligible to apply for federal funds upon approval of the charter public school’s application by the board of regents for elementary and secondary education. Federal funds shall be distributed to charter public schools by the department of elementary and secondary education through a process which requires each charter public school seeking the funds to submit a grant application to the department of elementary and secondary education. The grant application process shall be established and implemented by the Rhode Island department of elementary and secondary education.
History of Section. P.L. 1999, ch. 366, § 2; P.L. 2002, ch. 65, art. 18, § 3.
In the event that federal funds are either unavailable or are fully expended, there shall be established a system of interest free loans for start up costs for charter public schools to be provided from an appropriation of state funds designated by the legislature for this purpose. The loans shall not exceed one hundred and fifty thousand dollars ($150,000) for a single charter public school and this loan of state funds shall be repaid in equal monthly installments over no more than five (5) years. The state funds shall be distributed to charter public schools by the department of elementary and secondary education through a process which requires each charter public school seeking the funds to submit a loan application to the department of elementary and secondary education.
History of Section. P.L. 1999, ch. 366, § 2.
A public school district or districts may access state aid for reimbursement of school housing costs for district sponsored charter public schools pursuant to §§ 16-7-35 through 16-7-47. Public charter schools not sponsored by a public school district or districts may apply for thirty percent (30%) reimbursement of school housing cost on the basis of demonstrated need. The Rhode Island department of elementary and secondary education shall promulgate regulations to implement this section consistent with the purposes and procedures of the existing school housing aid program pursuant to §§ 16-7-35 through 16-7-47. For purposes of this section only, “facilities support, the urban collaborative accelerated program” will be defined as a charter school.
History of Section. P.L. 1999, ch. 366, § 2.
For purposes of this chapter, a charter public school shall be all schools as defined in chapter 77 of this title and shall also include the Textron Chamber of Commerce Academy and the Times 2 Academy.
History of Section. P.L. 1999, ch. 366, § 2.
In addition to those regulations specifically required by § 16-77.1-5, the department of elementary and secondary education shall promulgate any additional regulations that are necessary to implement the purposes of this chapter.
History of Section. P.L. 1999, ch. 366, § 2.
(a) Persons or entities eligible to submit an application to establish a district charter school shall be limited to:
(1) Existing public schools;
(2) Groups of public school personnel;
(3) Public school districts; or
(4) A group of school districts.
(b) No existing public school shall be converted into a district charter school unless a majority of the parents and/or guardians of the students currently assigned to the school and two- thirds (⅔) of the certified teaching personnel currently assigned to the school approve the proposed charter, as provided in § 16-77.2-2.
(c) School professionals employed by a local or regional school committee or the State of Rhode Island shall be entitled to a two (2) year leave of absence, without compensation, in order to be employed in a district charter school, provided this leave shall be extended upon request for an additional two (2) years. At any time during or upon completion of this leave of absence, a school professional may return to work in the school district in the position in which he or she was previously employed or a comparable position. This leave of absence shall not be deemed to be an interruption of service for purposes of seniority and teachers’ retirement.
(d) No child shall be required to attend a district charter school nor shall any teacher be required to teach in a district charter school. The school committee shall make accommodations to facilitate the transfer of students who do not wish to participate in the district charter school into other public schools. It shall also make accommodations for those students who wish to participate to transfer into the district charter school as space permits. If the total number of students who are eligible to attend and apply to a district charter school is greater than the number of spaces available, the charter school shall conduct a lottery to determine which students shall be admitted.
History of Section. P.L. 2010, ch. 84, § 4; P.L. 2010, ch. 107, § 4.
(a) Any persons or entities eligible to establish a district charter school may submit a proposed charter to the commissioner and the school committee of the district where the district charter school is to be located. The proposed charter shall:
(1) Be submitted to the commissioner and to the school committee of the district where the district charter school is to be located no later than December 1st of the school year before the school year in which the district charter school is to be established;
(2) Describe a plan for education, including the mission, objective, method of providing a basic education, measurable student academic goals that the district charter school will meet, and process for improving student learning and fulfilling the charter and fulfilling state and national educational goals and standards;
(3) Provide a minimum of one hundred eighty (180) days of instruction to students per year;
(4) Indicate performance criteria that will be used to measure student learning and to comply with the charter, state, and national educational goals and standards;
(5) Include an agreement to provide a yearly report to parents, the community, the school committee of the district where the district charter school is to be located, and the commissioner, which indicates the progress made by the district charter school during the previous year in meeting the charter objectives;
(6) Present a plan for the governance, administration, and operation of the district charter school, including the manner in which the governing board of the school will be chosen, the nature and extent of parental, professional educator, and community involvement in the governance and operation of the district charter school, and the means of ensuring accountability to the commissioner, the school district of the district where the district charter school is to be located, and the board of regents;
(7) Identify the building that will house the district charter school and from whom and under what terms and conditions it is to be provided;
(8) Describe what support services will be provided by the school district and under what terms and conditions those services are to be provided, and describe what support services the district charter school will obtain directly from third-parties and, to the extent known, under what terms and conditions those services are to be provided;
(9) Explain the procedures that will be followed to ensure the health and safety of pupils and staff;
(10) Describe enrollment procedures including the permissible criteria for admission in accordance with applicable state and federal law, along with a policy or policies that outline outreach and recruitment programs to encourage the enrollment of a diverse student population;
(11) Explain the student discipline procedures;
(12) Explain the relationship that will exist between the proposed district charter school and its employees, including the terms and conditions of employment and the qualifications that the employees must meet. Teachers and administrators in district charter schools must be certified pursuant to state law and regulation. Teachers and administrators in district charter schools shall be entitled to prevailing wages and benefits as enjoyed by other public school teachers and administrators within the school district where the district charter school is to be located and to the state teachers’ retirement system under chapter 8 of title 36. Employment in a district charter school shall be considered “service” as that term is defined in chapter 16 of this title. All employees and prospective employees of a district charter school shall be deemed to be public school employees, having the same rights, including retirement, under Rhode Island and federal law as employees and prospective employees at a non-chartered public school.
(13) Identify with particularity the state statutes, state regulations, and school district rules from which variances are sought in order to facilitate operation of the district charter school. Explain the reasons for each variance and the alternative method by which the concern that gave rise to the regulation or provision will be addressed;
(14) The proposed charter shall set forth those provisions of the collective bargaining agreement which will not be applicable to that district charter school subject to agreement by the parties to the collectively bargaining agreement;
(15) Provide a financial plan including a proposed budget for the term of the charter, and an annual audit of the financial and administrative operations of the district charter school, and the manner in which the funds allocated to the district charter school will be managed and disbursed;
(16) Provide procedures by which teaching personnel and parents can legally challenge decisions of the governing board of the school which do not conform to the school’s charter; and
(17) Provide a copy of the proposed bylaws of the district charter school.
(b) In those instances where a charter is being sought for an existing public school, the proposed charter must receive the affirmative votes of two-thirds (⅔) of the teachers assigned to the school prior to implementation. If approved by the faculty, the proposed charter shall be voted on by the parents or legal guardians of each student assigned to the school, with one vote being cast for each student. To be adopted by the parents, the proposed charter must receive the affirmative votes of parents or legal guardians representing a majority of all the students assigned to the school.
(c) In those instances where a charter is being sought for a newly created district charter school, the proposed charter must receive the affirmative support of a number of certified teachers employed within the school district where the district charter school is to be located at least equal to two-thirds (⅔) of the number of teachers that will be required to staff the proposed district charter school. The teachers who affirmatively support the proposed charter must state their desire to transfer to the district charter school, once established, and to teach under the terms of the charter. To demonstrate parental support within the school district, the charter must receive the affirmative support of parents or legal guardians representing a number of students currently enrolled in the school district equal to at least one-half (½) of the number of students who would be needed to attend the proposed district charter school. The parents or guardians must state their desire to have their children transfer to the district charter school, once established, and to be educated under the terms of the charter. The charter may then be presented by the commissioner to the board of regents for its approval. The charter shall set forth those provisions of state statute, regulation, and school district rules which will not be applicable to that district charter school
(d) By approval of the charter upon the recommendation of the commissioner, the board of regents will be deemed to have authorized all necessary variances from law and regulation enumerated in the charter. Should the need for relief from the operation of additional provisions of law and/or contract become apparent subsequent to implementation of the charter, a variance may be obtained by an affirmative vote of two-thirds (⅔) of the teachers then assigned to the school, agreement by all parties to the collective bargaining agreement and by an affirmative vote of the board of regents upon a recommendation of the commissioner.
History of Section. P.L. 2010, ch. 84, § 4; P.L. 2010, ch. 107, § 4.
(a) If the commissioner or the school committee of the district where the district charter school is to be located finds the proposed charter to be incomplete, further information may be requested and required. The commissioner shall develop regulations for amending an approved charter, consistent with the provisions of this chapter.
(b) After having received a satisfactory proposed charter, the commissioner will provide for a public comment period of not less than sixty (60) days, during which they will hold at least two (2) public hearings on the proposed charter. These hearings will be held in the district where the proposed district charter school is to be located. Any person may file with the committee and/or the commissioner comments, recommendations, and/or objections relevant to the granting of a charter.
(c) A copy of the proposed charter for a district charter school at an existing public school shall be provided to the collective bargaining agent for the teachers in the school district where the district charter school is to be located at the time that it is filed with the school committee of the district where the district charter school is to be located and the commissioner. The teachers through their collective bargaining agent shall be afforded the opportunity to present their analysis of and recommendations regarding the proposed charter to the school committee of the district where the district charter school is to be located and the board of regents prior to any determination by those entities. If the teachers’ union objects to the proposed charter or to any provision of it, it shall set forth the reasons for those objections in detail. These objections and recommendations shall be considered and responded to by the school committee of the district where the district charter school is to be located and the commissioner before making any recommendation to the board of regents, and by the board of regents prior to its determination.
(d) The commissioner or the school committee of the district where the district charter school is to be located will each decide on whether or not to recommend the granting of the charter to the board of regents within ninety (90) days after the conclusion of the public comment period.
(e) The commissioner or the school committee of the district where the district charter school is to be located may recommend to the board of regents granting of a revocable charter for a district charter school upon receiving a proposed charter.
(f) If the commissioner or the school committee of the district where the district charter school is to be located recommends the granting of the proposed charter, the matter shall be referred to the board of regents for a decision on whether to grant a charter. The board of regents may grant a charter for a period of up to five (5) years. The decision of the board of regents, complete with reasons and conditions, shall be made available to the public and to the applicant. Charter public school approval for establishment or continuation shall be for up to a five (5) year period. At the conclusion of each five (5) year period, the board of regents may conduct a subsequent review of the district charter school’s charter. If the board of regents does not conduct such a review, the charter shall renew for another five (5) year period. The commissioner, with approval of the board of regents, shall promulgate rules and regulations for these five (5) year reviews.
(g) The commissioner, with the approval of the board of regents, may grant a variance to any provision of title 16 other than those enumerated in section 16-77.1, and to any department of education regulation and to any school district regulation which does not affect the health and safety or civil rights of pupils in district charter schools.
(h) All proposed charters shall be matters of public record and will be provided to members of the public upon request.
History of Section. P.L. 2010, ch. 84, § 4; P.L. 2010, ch. 107, § 4.
(a) The board of regents may revoke the charter of a district charter school at any time, pursuant to § 16-77-5.1, if the school:
(1) Materially violates any of the provisions contained in the charter;
(2) Fails to meet or pursue the educational objectives contained in the charter;
(3) Fails to comply with fiscal accountability procedures as specified in the charter;
(4) Violates provisions of law that have not been granted variance by the board of regents; or
(5) After three (3) consecutive years of operation, is not a “high-performing charter school,” defined as a charter public school that has demonstrated overall success, including: (i) Substantial progress in improving student achievement and (ii) The management and leadership necessary to establish a thriving, financially viable charter public school.
(b) After denying or prior to non-renewing or revoking a charter, the department of elementary and secondary education will hold a hearing on the issues in controversy under § 16-39-1.
History of Section. P.L. 2010, ch. 84, § 4; P.L. 2010, ch. 107, § 4.
(a) It is the intent of the general assembly that funding pursuant to this chapter shall be neither a financial incentive nor a financial disincentive to the establishment of a district charter school. Funding for each district charter school shall consist of state revenue and municipal or district revenue in the same proportions that funding is provided for other schools within the sending school district(s).
(b) Funding additional to that authorized from the sending school district(s) may be allocated to the district charter school from the sending school district(s) to the extent that the combined percentage of students eligible for free or reduced-cost lunch, students with limited English proficiency, and students requiring special education exceed the combined percentage of those students in the sending school district(s) as a whole. The commissioner shall promulgate rules and regulations consistent with this section regarding the allocation of funds from sending school districts to district charter schools.
(c) All services, centrally or otherwise provided by the school district in which the district charter school is located, that the district charter school decides to utilize including, but not limited to, transportation, food services, custodial services, maintenance, curriculum, media services, libraries, nursing, and warehousing, shall be subject to negotiation between a district charter school and the school district in which the district charter school is located and paid for out of the revenues of the district charter school. Disputes with regard to cost of services requested from the school district in which the district charter school is located will be adjudicated by the commissioner.
(d) A district charter school shall be eligible to receive other aids, grants, Medicaid revenue, and other revenue according to Rhode Island law, as though it were a school district. Federal aid received by the state shall be used to benefit students in the charter public school, if the school qualifies for the aid, as though it were a school district.
(e) A district charter school may negotiate and contract directly with third parties for the purchase of books, instructional materials, and any other goods and services that are not being provided by the sending school district(s) pursuant to the charter.
History of Section. P.L. 2010, ch. 84, § 4; P.L. 2010, ch. 107, § 4; P.L. 2016, ch. 142, art. 11, § 3.
The board of regents may grant to district charter schools variances of specific chapters and sections of this title except to the extent that these chapters and sections are enumerated in § 16-77.2-7.
History of Section. P.L. 2010, ch. 84, § 4; P.L. 2010, ch. 107, § 4.
The following provisions of this title shall be binding on district charter schools and may not be waived by the commissioner under § 16-77.2-3:
(1) Section 16-2-2 (minimum length of school year);
(2) Section 16-2-17 (right to a safe school);
(3) Section 16-8-10 (federal funds for school lunch);
(4) Section 16-11-1 (certification of public school teachers);
(5) Section 16-12-3 (duty to cultivate principles of morality);
(6) Section 16-12-10 (immunity for report of suspected substance abuse);
(7) Chapter 13 (teachers’ tenure);
(8) Chapter 16 (teachers’ retirement);
(9) Section 16-19-1 (compulsory attendance);
(10) Section 16-20-1 (school holidays enumerated);
(11) Sections 16-21-3 and 16-21-4 (fire safety);
(12) Sections 16-21-10, 16-21-14, and 16-21-16 (health screenings);
(13) Section 16-22-9 (uniform testing);
(14) Section 16-24-2 (regulations of state board);
(15) Section 16-38-1 (discrimination because of race or age);
(16) Section 16-38-1.1 (discrimination because of sex);
(17) Section 16-38-2 (immunizations);
(18) Section 16-38-4 (exclusive club);
(19) Section 16-38-6 (commercial activities prohibited);
(20) Section 16-38-9 (misconduct of school officers);
(21) Section 16-38-10 (power of officials to visit schools);
(22) Section 16-39-1 (appeal of matters of dispute to commissioner);
(23) Section 16-39-2 (appeal of school committee actions to commissioner);
(24) Section 16-39-3 (appeal to state board);
(25) Section 16-39-3.1 (enforcement of final decision);
(26) Section 16-39-3.2 (interim protective orders);
(27) Section 16-39-8 (subpoena power of commissioner);
(28) Section 16-40-16 (student records);
(29) Section 16-71-1 (Educational Record Bill of Rights Act).
(30) Chapter 16-21-21.1 (Penalties for drug, alcohol or weapons offenses);
(31) Chapter 16-21.5 (Student interrogations).
History of Section. P.L. 2010, ch. 84, § 4; P.L. 2010, ch. 107, § 4.
(a) All district charter schools shall continuously monitor their financial operations by tracking actual versus budgeted revenue and expense. The chief financial officer of the district charter school shall submit a report on a quarterly basis to the commissioner certifying the status of the district charter school budget.
(b) The quarterly reports shall be in a format prescribed by the commissioner and the state auditor general. The reports shall contain a statement as to whether any actual or projected shortfalls in budget line items are expected to result in a year-end deficit, the projected impact on year-end financial results including all accruals and encumbrances, and how the district charter school plans to address any such shortfalls. The auditor general or the state director of administration may petition the superior court to order the district charter school to file said reports. The director of administration may also direct the state controller and general treasurer to withhold any funding to the district charter school until the school complies with the reporting requirements hereunder. Failure to comply with this section shall be cause for the revocation of the school charter.
History of Section. P.L. 2010, ch. 84, § 4; P.L. 2010, ch. 107, § 4; P.L. 2024, ch. 396, § 1, effective June 26, 2024; P.L. 2024, ch. 397, § 1, effective June 26, 2024.
(a) Persons or entities eligible to submit an application to establish an independent charter school shall be limited to:
(1) Rhode Island nonprofit organizations provided that these nonprofit organizations shall have existed for at least two (2) years and must exist for a substantial reason other than to operate a school; or
(2) Colleges or universities within the State of Rhode Island.
(b) No child shall be required to attend an independent charter school nor shall any teacher be required to teach in an independent charter school. The sending school district shall make accommodations for those students who wish to participate to transfer into an independent charter school as space permits. If the total number of students who are eligible to attend and apply to an independent charter school is greater than the number of spaces available, the independent charter school shall conduct a lottery to determine which students shall be admitted.
History of Section. P.L. 2010, ch. 84, § 5; P.L. 2010, ch. 107, § 5.
(a) Any persons or entities eligible to establish an independent charter public school may submit a proposed charter, or an amendment to a charter for an expansion, to the commissioner. For purposes of this chapter, “expansion” shall be an increase in total enrollment; an increase in the grade levels previously authorized in the charter, or the addition of a school district to the catchment area. The proposed charter shall:
(1) Be submitted to the commissioner no later than December 1st of the school year before the school year in which the independent charter school is to be established;
(2) Describe a plan for education, including the mission, objective, method of providing a basic education, measurable student academic goals that the independent charter school will meet, and process for improving student learning and fulfilling the charter and fulfilling state and national educational goals and standards;
(3) Provide a minimum of one hundred eighty (180) days of instruction to students per year;
(4) Indicate performance criteria that will be used to measure student learning and to comply with the charter, state, and national educational goals and standards;
(5) Include an agreement to provide a yearly report to parents, the community, the sending school districts, and the commissioner, that indicates the progress made by the independent charter school during the previous year in meeting the charter objectives;
(6) Present a plan for the governance, administration, and operation of the independent charter school, including the manner in which the governing board of the school will be chosen, the nature and extent of parental, professional educator, and community involvement in the governance and operation of the independent charter school, and the means of ensuring accountability to the commissioner, the sending school districts, and the council on elementary and secondary education;
(7) Identify the building that will house the independent charter school and from whom, and under what terms and conditions, it is to be provided;
(8) Describe what support services will be provided by the sending school district(s), and under what terms and conditions those services are to be provided, and describe what support services the independent charter school will obtain directly from third parties and, to the extent known, under what terms and conditions those services are to be provided;
(9) Explain the procedures that will be followed to ensure the health and safety of pupils and staff;
(10) Describe enrollment procedures, including the permissible criteria for admission in accordance with applicable state and federal law, along with a policy, or policies, that outline outreach and recruitment programs to encourage the enrollment of a diverse student population;
(11) Explain the student discipline procedures;
(12) Explain the relationship that will exist between the proposed independent charter school and its employees, including the terms and conditions of employment and the qualifications that the employees must meet. Teachers and administrators in independent charter schools must be certified pursuant to state law and regulation. Teachers and administrators in independent charter schools shall be entitled to prevailing wages and benefits as enjoyed by other Rhode Island public school teachers and administrators. Employment in an independent charter school shall be considered “service” as that term is defined in chapter 16 of this title for purposes of determining the appropriate step on a salary schedule for certified personnel. Employment in an independent charter school can be considered “service” as that term is defined in chapter 16 of this title for determining status in the teachers’ retirement system. All employees, and prospective employees of an independent charter school shall be deemed to be public school employees, having the same rights under Rhode Island and federal law as employees, and prospective employees at a non-chartered public school;
(13) Identify, with particularity, the state statutes, state regulations, and sending school district(s) rules from which variances are sought in order to facilitate operation of the independent charter school. Explain the reasons for each variance and the alternative method by which the concern that gave rise to the regulation or provision will be addressed;
(14) Provide a financial plan, including a proposed budget for the term of the charter, and an annual audit of the financial and administrative operations of the independent charter school, and the manner in which the funds allocated to the independent charter school will be managed and disbursed;
(15) Provide procedures by which teaching personnel and parents can legally challenge decisions of the governing board of the school that do not conform to the school’s charter;
(16) Provide a copy of the proposed bylaws of the independent charter school; and
(17) Provide written support from town or city council(s) in the proposed catchment area if required pursuant to § 16-77-5.1.
(b) Any nonprofit organization that seeks to establish an independent charter school must submit its financial records and financial plan for operating the school to the auditor general, who shall review the records, the financial plan, and the financial integrity of the organization. At the time of submission of a proposed charter, the financial records and financial recordkeeping system of the nonprofit organization and the proposed financial plan for the independent charter school shall be reviewed by the auditor general and the auditor general shall, while the proposed charter is being considered for preliminary approval by the council on elementary and secondary education, provide an initial determination to the council on elementary and secondary education, the commissioner, and the speaker of the house of representatives and the president of the senate indicating that the auditor general is satisfied that the nonprofit organization is financially responsible. Final approval for operation of the independent charter school shall not be granted by the council on elementary and secondary education until the auditor general has approved the financial plan and financial-record keeping system and is satisfied that the nonprofit organization is financially responsible. The auditor general shall notify the council on elementary and secondary education, the commissioner, the president of the senate, and the speaker of the house of representatives of the findings. During the year immediately preceding the September in which the independent charter school is to begin operation, the charter applicant shall make any additional submissions to the auditor general prescribed by the auditor general in the initial determination. Additional submissions during the year prior to the September in which the independent charter school is to begin operation shall include, but not be limited to evidence submitted to the auditor general, not later than June 1st prior to the opening of the independent charter school, of the existence of an agreement, option for lease or purchase, lease agreement, or purchase agreement, contingent upon general assembly funding, for a facility in which the independent charter school will operate in its first year of operation. The auditor general shall have the authority to review independent charter schools affiliated with nonprofit organizations on an annual basis or require the school to have an annual, certified audit in accordance with the same federal and state standards that are applicable to local public school districts. If, as a result of any annual audit, the auditor general believes there are financial irregularities, the auditor general shall withdraw the original approval and the council on elementary and secondary education shall withdraw its approval for the independent charter school to continue operation.
History of Section. P.L. 2010, ch. 84, § 5; P.L. 2010, ch. 107, § 5; P.L. 2016, ch. 466, § 2.
(a) If the commissioner finds the proposed charter to be incomplete, further information may be requested and required. The commissioner shall develop regulations for amending an approved charter, consistent with the provisions of this chapter and § 16-77-5.1.
(b) After having received a satisfactory, proposed charter or expansion, the commissioner will provide for a public-comment period of not less than sixty (60) days, during which he or she will hold at least two (2) public hearings on the proposed charter. These hearings will be held in the district where the proposed independent charter school is to be located. Any person may file with the commissioner comments, recommendations, and/or objections relevant to the granting of a charter.
(c) The commissioner will decide on whether or not to recommend the granting of the charter or expansion to the council on elementary and secondary education within ninety (90) days after the conclusion of the public-comment period.
(d) If the commissioner recommends the granting of the proposed charter or amendment for expansion, the matter shall be referred to the council on elementary and secondary education for a decision on whether to grant a revocable charter or expansion. The council on elementary and secondary education may grant a charter for a period of up to five (5) years. The decision of the council on elementary and secondary education, complete with reasons and conditions, shall be made available to the public and to the applicant. Charter public school approval for establishment or continuation shall be for up to a five-year (5) period. At the conclusion of each five-year (5) period, the council on elementary and secondary education may conduct a subsequent review of the independent charter school’s charter. If the council on elementary and secondary education does not conduct such a review, the charter shall renew for another five-year (5) period. The commissioner, with approval of the council on elementary and secondary education, shall promulgate rules and regulations for these five-year (5) reviews.
(e) In considering a proposed charter, or an amendment to a charter for expansion, the council on elementary and secondary education shall consider all relevant information, including, but not limited to, the requirements of regulations and law.
(f) In considering a proposed charter, or an amendment to a charter for expansion, the council on elementary and secondary education shall place substantial weight on the fiscal impact on the city or town; programmatic impact on the sending school district; and the educational impact on the students in the district to ensure that the proposal is economically prudent for the city or town and academically prudent for the proposed sending school district and for all students in the sending district.
(g) The commissioner, with the approval of the council on elementary and secondary education, may grant a variance to any provision of title 16, other than those enumerated in § 16-77.3-7, and to any department of education regulation and to any school district regulation that does not affect the health and safety or civil rights of pupils in independent charter schools.
(h) All proposed charters shall be matters of public record and will be provided to members of the public upon request.
History of Section. P.L. 2010, ch. 84, § 5; P.L. 2010, ch. 107, § 5; P.L. 2016, ch. 466, § 2.
(a) The board of regents may revoke the charter of an independent charter school at any time, pursuant to § 16-77-5.1, if the school:
(1) Materially violates any provision contained in the charter;
(2) Fails to meet or pursue the educational objectives contained in the charter;
(3) Fails to comply with fiscal accountability procedures as specified in the charter;
(4) Violates provisions of law that have not been granted variance by the board of regents; or
(5) After three (3) consecutive years of operation, is not a “high-performing charter school,” defined as a charter public school that has demonstrated overall success, including: (i) Substantial progress in improving student achievement and (ii) The management and leadership necessary to establish a thriving, financially viable charter public school.
(b) After denying or prior to non-renewing or revoking a charter, the department of elementary and secondary education will hold a hearing on the issues in controversy under § 16-39-1.
History of Section. P.L. 2010, ch. 84, § 5; P.L. 2010, ch. 107, § 5.
(a) It is the intent of the general assembly that funding pursuant to this chapter shall be neither a financial incentive nor a financial disincentive to the establishment of an independent charter school. Funding for each independent charter school shall consist of state revenue and municipal or district revenue in the same proportions that funding is provided for other schools within the sending school district(s).
(b) Funding additional to that authorized from the sending school district(s) by subsection (b) may be allocated to the independent charter school from the sending school district(s) to the extent that the combined percentage of students eligible for free or reduced-cost lunch, students with limited English proficiency, and students requiring special education exceed the combined percentage of those students in the sending school district(s) as a whole. The commissioner shall promulgate rules and regulations consistent with this section regarding the allocation of funds from sending school districts to independent charter schools.
(c) An independent charter school shall be eligible to receive other aids, grants, Medicaid revenue, and other revenue according to Rhode Island law, as though it were a school district. Federal aid received by the state shall be used to benefit students in the independent charter school, if the school qualifies for the aid, as though it were a school district.
(d) An independent charter school may negotiate and contract directly with third parties for the purchase of books, instructional materials, and any other goods and services that are not being provided by the sending school district(s) pursuant to the charter.
History of Section. P.L. 2010, ch. 84, § 5; P.L. 2010, ch. 107, § 5; P.L. 2016, ch. 142, art. 11, § 4.
The board of regents may grant to independent charter schools variances of specific chapters and sections of this title except to the extent that these chapters and sections are enumerated in § 16-77.3-7.
History of Section. P.L. 2010, ch. 84, § 5; P.L. 2010, ch. 107, § 5.
The following provisions of this title shall be binding on independent charter schools and may not be waived by the commissioner under § 16-77.3-3:
(1) Section 16-2-2 (minimum length of school year);
(2) Section 16-2-17 (right to a safe school);
(3) Section 16-8-10 (federal funds for school lunch);
(4) Section 16-11-1 (certification of public school teachers);
(5) Section 16-12-3 (duty to cultivate principles of morality);
(6) Section 16-12-10 (immunity for report of suspected substance abuse);
(7) Chapter 13 (teachers’ tenure);
(8) Chapter 16 (teachers’ retirement);
(9) Section 16-19-1 (compulsory attendance);
(10) Section 16-20-1 (school holidays enumerated);
(11) Sections 16-21-3 and 16-21-4 (fire safety);
(12) Sections 16-21-10, 16-21-14, and 16-21-16 (health screenings);
(13) Section 16-22-9 (uniform testing);
(14) Section 16-24-2 (regulations of state board);
(15) Section 16-38-1 (discrimination because of race or age);
(16) Section 16-38-1.1 (discrimination because of sex);
(17) Section 16-38-2 (immunizations);
(18) Section 16-38-4 (exclusive club);
(19) Section 16-38-6 (commercial activities prohibited);
(20) Section 16-38-9 (misconduct of school officers);
(21) Section 16-38-10 (power of officials to visit schools);
(22) Section 16-39-1 (appeal of matters of dispute to commissioner);
(23) Section 16-39-2 (appeal of school committee actions to commissioner);
(24) Section 16-39-3 (appeal to state board);
(25) Section 16-39-3.1 (enforcement of final decision);
(26) Section 16-39-3.2 (interim protective orders);
(27) Section 16-39-8 (subpoena power of commissioner);
(28) Section 16-40-16 (student records);
(29) Section 16-71-1 (Educational Record Bill of Rights Act);
(30) Section 16-21-21.1 (penalties for drug, alcohol or weapons offense); and
(31) Chapter 16-21.5 (student interrogations).
History of Section. P.L. 2010, ch. 84, § 5; P.L. 2010, ch. 107, § 5.
(a) All independent charter schools shall continuously monitor their financial operations by tracking actual versus budgeted revenue and expense. The chief financial officer of the independent charter school shall submit a report on a quarterly basis to the commissioner certifying the status of the independent charter school budget. The quarterly reports shall be in a format prescribed by the commissioner and the state auditor general. The reports shall contain a statement as to whether any actual or projected shortfalls in budget line items are expected to result in a year-end deficit, the projected impact on year-end financial results including all accruals and encumbrances, and how the independent charter school plans to address any such shortfalls.
(b) The auditor general or the state director of administration may petition the superior court to order the independent charter school to file said reports. The director of administration may also direct the state controller and general treasurer to withhold any funding to the independent charter school until the school complies with the reporting requirements hereunder. Failure to comply with this section shall be cause for the revocation of the school charter.
History of Section. P.L. 2010, ch. 84, § 5; P.L. 2010, ch. 107, § 5; P.L. 2024, ch. 396, § 2, effective June 26, 2024; P.L. 2024, ch. 397, § 2, effective June 26, 2024.
(a) A “mayoral academy” means a charter school created by a mayor of any city or town within the State of Rhode Island, acting by, or through, a nonprofit organization established for said purpose (regardless of the time said nonprofit organization is in existence), that enrolls students from more than one city or town, including both urban and non-urban communities, and that offers an equal number of enrollments to students on a lottery basis; provided, further, that such mayoral academies shall have a board of trustees or directors that is comprised of representatives from each included city or town and is chaired by a mayor of an included city or town. The mayor from each city or town, or in the absence of a mayor, the city or town council via a resolution or ordinance, shall approve the participation in the mayoral academy’s catchment area for a proposed charter or an amendment to a charter for expansion. For purposes of this chapter, the term “mayor” shall include any elected town administrator.
(b) No child shall be required to attend a mayoral academy, nor shall any teacher be required to teach in a mayoral academy. The school committee of the district in which a mayoral academy is located shall make accommodations to facilitate the transfer of students who do not wish to participate in a mayoral academy into other public schools. It shall also make accommodations for those students who wish to transfer into the mayoral academy as space permits. If the total number of students who are eligible to attend and apply to a mayoral academy is greater than the number of spaces available, the mayoral academy shall conduct a lottery to determine which students shall be admitted.
History of Section. P.L. 2010, ch. 84, § 6; P.L. 2010, ch. 107, § 6; P.L. 2016, ch. 466, § 3.
(a) Any persons or entities eligible to establish a mayoral academy may submit a proposed charter, or an amendment to a charter for an expansion, to the commissioner. For purposes of this chapter, “expansion” shall be an increase in total enrollment; an increase in the grade levels previously authorized in the charter; or the addition of a school district to the catchment area. The proposed charter shall:
(1) Be submitted to the commissioner no later than December 1st of the school year before the school year in which the mayoral academy is to be established;
(2) Describe a plan for education, including the mission, objective, method of providing a basic education, measurable student academic goals that the mayoral academy will meet, and process for improving student learning and fulfilling the charter and fulfilling state and national educational goals and standards;
(3) Provide a minimum of one hundred eighty (180) days of instruction to students per year;
(4) Indicate performance criteria that will be used to measure student learning and to comply with the charter, state, and national educational goals and standards;
(5) Include an agreement to provide a yearly report to parents, the community, the school committee of the sending districts, and the commissioner, that indicates the progress made by the mayoral academy during the previous year in meeting the charter objectives;
(6) Present a plan for the governance, administration, and operation of the mayoral academy, including the manner in which the governing board of the school will be chosen, the nature and extent of parental, professional educator, and community involvement in the governance and operation of the mayoral academy, and the means of ensuring accountability to the commissioner, the sending school district(s), and the council on elementary and secondary education;
(7) Identify the building that will house the mayoral academy and from whom and under what terms and conditions it is to be provided;
(8) Describe what support services will be provided by the sending school district(s) and under what terms and conditions those services are to be provided, and describe what support services the mayoral academy will obtain directly from third parties and, to the extent known, under what terms and conditions those services are to be provided;
(9) Explain the procedures that will be followed to ensure the health and safety of pupils and staff;
(10) Describe enrollment procedures, including the permissible criteria for admission in accordance with applicable state and federal law, along with a policy, or policies, that outline outreach and recruitment programs to encourage the enrollment of a diverse student population;
(11) Explain the student discipline procedures;
(12) Explain the relationship that will exist between the proposed mayoral academy and its employees, including the terms and conditions of employment and the qualifications that the employees must meet. Teachers and administrators in mayoral academies must be certified pursuant to state law and regulation.
(13) Each mayoral academy established pursuant to this chapter may, by written notice to the commissioner of elementary and secondary education, elect to have this subsection apply (or not apply) to its teachers, administrators, and employees:
(i) Teachers and administrators in a mayoral academy shall be entitled to prevailing wages and benefits as enjoyed by other public school teachers and administrators;
(ii) Teachers and administrators in a mayoral academy shall be entitled to participate in the state teachers’ retirement system under chapter 8 of title 36;
(iii) Employment in a mayoral academy shall be considered “service” as that term is defined in chapter 16 of this title.
(14) Identify, with particularity, the state laws, state regulations, and school district rules from which variances are sought in order to facilitate operation of the mayoral academy. Explain the reasons for each variance and the alternative method by which the concern that gave rise to the regulation or provision will be addressed;
(15) Provide a financial plan, including a proposed budget for the term of the charter, and an annual audit of the financial and administrative operations of the mayoral academy, and the manner in which the funds allocated to the mayoral academy will be managed and disbursed;
(16) Provide procedures by which teaching personnel and parents can legally challenge decisions of the governing board of the mayoral academy that do not conform to the mayoral academy’s charter;
(17) Provide a copy of the proposed bylaws of the mayoral academy; and
(18) Provide written support from the town or city council(s) in the proposed catchment area if required pursuant to § 16-77-5.1.
History of Section. P.L. 2010, ch. 84, § 6; P.L. 2010, ch. 107, § 6; P.L. 2016, ch. 466, § 3.
(a) If the commissioner finds the proposed charter to be incomplete, further information may be requested and required. The commissioner shall develop regulations for amending an approved charter, consistent with the provisions of this chapter and § 16-77-5.1.
(b) After having received a satisfactory proposed charter or expansion, the commissioner will provide for a public-comment period of not less than sixty (60) days, during which he or she will hold at least two (2) public hearings on the proposed charter. These hearings will be held in the district where the proposed mayoral academy is to be located. Any person may file with the committee and/or the commissioner comments, recommendations, and/or objections relevant to the granting of a charter.
(c) The commissioner will decide whether to recommend the granting of the charter or expansion to the council on elementary and secondary education within ninety (90) days after the conclusion of the public-comment period.
(d) If the commissioner recommends the granting of the proposed charter or expansion, the matter shall be referred to the council on elementary and secondary education for a decision on whether to grant a charter or expansion. The council on elementary and secondary education may grant a charter for a period of up to five (5) years. The decision of the council on elementary and secondary education, complete with reasons and conditions, shall be made available to the public and to the applicant. Charter public school approval for establishment or continuation shall be for up to a five-year (5) period. At the conclusion of each five-year (5) period, the council on elementary and secondary education may conduct a subsequent review of the mayoral academy’s charter. If the council on elementary and secondary education does not conduct such a review, the charter shall renew for another five-year (5) period. The commissioner, with approval of the council on elementary and secondary education, shall promulgate rules and regulations for these five-year (5) reviews.
(e) In considering a proposed charter or an amendment to a charter for expansion, the council on elementary and secondary education shall consider all relevant information including, but not limited to, the requirements of regulations and law.
(f) In considering a proposed charter, or an amendment to a charter for expansion, the council on elementary and secondary education shall place substantial weight on the fiscal impact on the city or town, programmatic impact on the sending school district, and educational impact on the students in the district to ensure that the proposal is economically prudent for the city or town and academically prudent for the proposed sending school district and all of the students in the sending district.
(g) The commissioner, with the approval of the council on elementary and secondary education, may grant a variance to any provision of title 16, other than those enumerated in § 16-77.4-7, and to any department of education regulation and to any school district regulation that does not affect the health and safety or civil rights of pupils in a mayoral academy.
(h) All proposed charters shall be matters of public record and will be provided to members of the public upon request.
History of Section. P.L. 2010, ch. 84, § 6; P.L. 2010, ch. 107, § 6; P.L. 2016, ch. 466, § 3.
(a) The board of regents may revoke the charter of a mayoral academy at any time, pursuant to § 16-77-5.1, if the school:
(1) Materially violates provisions contained in the charter;
(2) Fails to meet or pursue the educational objectives contained in the charter;
(3) Fails to comply with fiscal accountability procedures as specified in the charter;
(4) Violates provisions of law that have not been granted variance by the board of regents; or
(5) After three (3) consecutive years of operation, is not a “high-performing charter school,” defined as a charter public school that has demonstrated overall success, including: (i) Substantial progress in improving student achievement and (ii) The management and leadership necessary to establish a thriving, financially viable charter public school.
(b) After denying or prior to non-renewing or revoking a charter, the department of elementary and secondary education will hold a hearing on the issues in controversy under § 16-39-1.
History of Section. P.L. 2010, ch. 84, § 6; P.L. 2010, ch. 107, § 6.
(a) It is the intent of the general assembly that funding pursuant to this chapter shall be neither a financial incentive nor a financial disincentive to the establishment of a mayoral academy. Funding for each mayoral academy shall consist of state revenue and municipal or district revenue in the same proportions that funding is provided for other schools within the sending school district(s).
(b) Funding additional to that authorized from the sending school district(s) may be allocated to the mayoral academy from the sending school district(s) to the extent that the combined percentage of students eligible for free or reduced-cost lunch, students with limited English proficiency, and students requiring special education exceed the combined percentage of those students in the sending school district(s) as a whole. The commissioner shall promulgate rules and regulations consistent with this section regarding the allocation of funds from sending school districts to mayoral academies.
(c) A mayoral academy shall be eligible to receive other aids, grants, Medicaid revenue, and other revenue according to Rhode Island law, as though it were a school district. Federal aid received by the state shall be used to benefit students in a mayoral academy, if the school qualifies for the aid, as though it were a school district.
(d) A mayoral academy may negotiate and contract directly with third parties for the purchase of books, instructional materials, and any other goods and services that are not being provided by the sending school district(s) pursuant to the charter.
History of Section. P.L. 2010, ch. 84, § 6; P.L. 2010, ch. 107, § 6; P.L. 2016, ch. 142, art. 11, § 5.
The board of regents may grant to mayoral academies variances of specific chapters and sections of this title except to the extent that these chapters and sections are enumerated in § 16-77.4-7.
History of Section. P.L. 2010, ch. 84, § 6; P.L. 2010, ch. 107, § 6.
The following provisions of this title shall be binding on mayoral academies and may not be waived by the commissioner under § 16-77.4-3:
(1) Section 16-2-2 (minimum length of school year);
(2) Section 16-2-17 (right to a safe school);
(3) Section 16-8-10 (federal funds for school lunch);
(4) Section 16-11-1 (certification of public school teachers);
(5) Section 16-12-3 (duty to cultivate principles of morality);
(6) Section 16-12-10 (immunity for report of suspected substance abuse);
(7) Section 16-19-1 (compulsory attendance);
(8) Section 16-20-1 (school holidays enumerated);
(9) Sections 16-21-3 and 16-21-4 (fire safety);
(10) Sections 16-21-10, 16-21-14, and 16-21-16 (health screenings);
(11) Section 16-22-9 (uniform testing);
(12) Section 16-24-2 (regulations of state board);
(13) Section 16-38-1 (discrimination because of race or age);
(14) Section 16-38-1.1 (discrimination because of sex);
(15) Section 16-38-2 (immunizations);
(16) Section 16-38-4 (exclusive club);
(17) Section 16-38-6 (commercial activities prohibited);
(18) Section 16-38-9 (misconduct of school officers);
(19) Section 16-38-10 (power of officials to visit schools);
(20) Section 16-39-1 (appeal of matters of dispute to commissioner);
(21) Section 16-39-2 (appeal of school committee actions to commissioner);
(22) Section 16-39-3 (appeal to state board);
(23) Section 16-39-3.1 (enforcement of final decision);
(24) Section 16-39-3.2 (interim protective orders);
(25) Section 16-39-8 (subpoena power of commissioner);
(26) Section 16-40-16 (student records);
(27) Section 16-71-1 (Educational Record Bill of Rights Act);
(28) Section 16-21-21.1 (Penalties for drug, alcohol or weapons offenses);
(29) Chapter 16-21.5 (Student interrogations).
History of Section. P.L. 2010, ch. 84, § 6; P.L. 2010, ch. 107, § 6.
(a) All mayoral academies shall continuously monitor their financial operations by tracking actual versus budgeted revenue and expense. The chief financial officer of a mayoral academy shall submit a report on a quarterly basis to the commissioner certifying the status of that mayoral academy’s budget. The quarterly reports shall be in a format prescribed by the commissioner and the state auditor general. The reports shall contain a statement as to whether any actual or projected shortfalls in budget line items are expected to result in a year-end deficit, the projected impact on year-end financial results including all accruals and encumbrances, and how the mayoral academy plans to address any such shortfalls.
(b) The auditor general or the state director of administration may petition the superior court to order a mayoral academy to file said reports. The director of administration may also direct the state controller and general treasurer to withhold any funding to a mayoral academy until the school complies with the reporting requirements hereunder. Failure to comply with this section shall be cause for the revocation of the school charter.
History of Section. P.L. 2010, ch. 84, § 6; P.L. 2010, ch. 107, § 6; P.L. 2024, ch. 396, § 3, effective June 26, 2024; P.L. 2024, ch. 397, § 3, effective June 26, 2024.
(a) Every institution of higher learning in the state and the department of health shall incorporate into their policies, rules, and regulations pertaining to school health programs a procedure for addressing incidents of anaphylaxis (exaggerated allergic reaction) in order to provide for the health and safety of students who have been medically identified as being prone to anaphylaxis. These policies, rules, and regulations shall include a procedure where a student may expressly authorize the school to administer epinephrine on the student in case of an emergency.
(b) Students shall provide a doctor’s letter or prescription notifying the school of their allergy and the need to administer epinephrine in an allergic emergency.
(c) No school teacher, school administrator, or school health care personnel shall be liable for civil damages which may result from acts or omissions in use of epinephrine which may constitute ordinary negligence. This immunity does not apply to acts or omissions constituting gross negligence or willful or wanton conduct.
History of Section. P.L. 1996, ch. 43, § 2; P.L. 1996, ch. 324, § 2.
[Repealed]
History of Section. P.L. 1996, ch. 100, art. 22, § 5; Repealed by P.L. 2001, ch. 86, § 61, effective July 6, 2001.
This chapter shall be known as the “Rhode Island School-to-Career Transition Act of 1996.” When in the general or public laws there appear the words, “The Rhode Island School-to-Work Transition Act of 1996,” it shall now read, “The Rhode Island School-to-Career Transition Act of 1996.” When in the general or public laws there appear the words, “School-to-Work,” it shall now read, “School-to-Career.”
History of Section. P.L. 1996, ch. 161, § 1; P.L. 1996, ch. 251, § 1; P.L. 1998, ch. 319, § 1.
The general assembly has found and declares that:
(1) Three-fourths (¾) of adults in the Rhode Island workforce lack a baccalaureate degree, and many do not possess the academic and entry-level occupational skills necessary to succeed in the changing workplace;
(2) Twenty-eight percent (28%) of youths, ages sixteen (16) to twenty-four (24) in Rhode Island, especially disadvantaged students, students of diverse racial, ethnic and cultural backgrounds, and students with disabilities, do not complete high school;
(3) Unemployment among youths, ages sixteen (16) to nineteen (19) in Rhode Island averaged eighteen and six-tenths percent (18.6%) in 1994, an intolerably high percentage, and earnings of high school graduates have been declining in relationship to earnings of individuals with post-secondary degrees;
(4) The workplace in the United States and especially in Rhode Island is changing in response to heightened international competition and new technologies, and these forces, which are ultimately beneficial to the nation, are shrinking the demand for and undermining the earning power of unskilled labor;
(5) Rhode Island lacks a comprehensive and coherent system to help its youth acquire the knowledge, skills, abilities, and information about and access to the labor market necessary to make an effective transition from school to career-oriented work or to further education and training;
(6) Students in Rhode Island can achieve higher academic and occupational standards, and many learn better and retain more when the students learn in context rather than in the abstract;
(7) While many students in Rhode Island have part-time jobs, there is infrequent linkage between:
(i) These jobs, and
(ii) The career planning or exploration or the school-based learning of students;
(8) The work-based learning approach, which is modeled after the time-honored apprenticeship concept, integrates theoretical instruction with structured on-the-job training, and this approach, combined with school-based learning, can be very effective in engaging student interest, enhancing skill acquisition, developing positive work attitudes, and preparing youths for high skill, high wage careers;
(9) Federal resources currently fund a series of categorical, work-related education and training programs, many of which serve disadvantaged youths, that are not administered as a coherent whole; and
(10) In 1990, approximately sixteen thousand seven hundred forty-one (16,741) individuals in Rhode Island, ages sixteen (16) through twenty-four (24), had not completed high school and were not currently enrolled in school, a population representing approximately twenty-eight percent (28%) of all individuals in this age group which indicates that these young persons are particularly unprepared for the demands of the twenty-first century.
History of Section. P.L. 1996, ch. 161, § 1; P.L. 1996, ch. 251, § 1.
The purpose and legislative intent of this chapter is:
(1) To establish a state framework within which state departments can create an interagency mechanism to develop, implement and maintain a statewide system of school-to work transition;
(2) To establish a state framework to promote the formation of local partnerships that link the worlds of school and work among schools and post-secondary educational institutions, private and public employers, labor organizations, government, community based organizations, parents, students, state educational, training, human service and economic development agencies and that will provide all students with opportunities to participate in education and training programs that will prepare them for high skill, high wage careers, further education and training and lifelong learning.
(3) To establish a system that ensures that females, minority students, limited-English proficient students and students with disabilities are provided with equitable opportunities to both participate in and benefit from apprenticeships and careers in skilled trades and advanced technology by providing them with necessary modifications and support to succeed;
(4) To utilize federal funds to develop, implement, and maintain a statewide school-to-work system.
History of Section. P.L. 1996, ch. 161, § 1; P.L. 1996, ch. 251, § 1.
A mechanism will be developed as part of the statewide school-to-career system that brings the departments of elementary and secondary education, labor and training, human services and the Rhode Island economic development corporation together to collaboratively support, implement, and maintain the statewide school-to-career system and to provide resources, technical assistance and support to regional and local partnerships. Regional and local partnerships must include employers, local school district representatives, teachers and their unions, post-secondary institutions, labor unions, and students. The roles and responsibilities of the partners will include the following:
(1) The economic development corporation and the department of labor and training will:
(i) Work in collaboration to define regions and major industry clusters in each region; and
(ii) Identify skills needed for growing and emerging businesses and industries.
(2) The department of labor and training, the human resource investment council, and department of elementary and secondary education will:
(i) Work in collaboration to develop employer incentives and guidelines for school-to-career local partnerships;
(ii) Develop a statewide information and delivery system to encourage and facilitate business, labor and education partnerships;
(iii) Develop testing and assessments to measure student knowledge and skills; and
(iv) Provide a state plan for professional development for various constituencies in the regional and local partnerships, and conduct an aggressive and ongoing outreach and marketing campaign.
(3) The human resource investment council’s school-to-career subcommittee shall serve as the governing board for the school-to-career system and management team. This subcommittee shall consist of twenty (20) members comprised of: a chairperson who shall be appointed by the governor and be a member of the human resource investment council; the commissioner of elementary and secondary education or his or her designee; the director of the department of labor and training or his or her designee; the chairperson of the human resource investment council or his or her designee; the president of the Community College of Rhode Island or his or her designee; one superintendent of schools and one school principal to be appointed by the governor; two (2) representatives of labor unions appointed by the president of the Rhode Island AFL-CIO; four (4) members representing Rhode Island employers to be appointed by the governor; the president of the Rhode Island Federation of Teachers or his or her designee; and the president of the National Education Association of Rhode Island or his or her designee and five (5) additional members appointed by the governor based on recommendations from the school-to-career subcommittee to afford the subcommittee the opportunity to recommend potential members from stakeholder groups that are underrepresented on that subcommittee.
(4) The private industry councils, regional employment and training boards, and collaboratives will:
(i) Serve as the connectors between schools and the business community;
(ii) Provide technical assistance to employers and educators;
(iii) Provide training for workplace and school-site mentors; and
(iv) Collect data on post-program outcomes.
(5) The interagency transition council, created by § 16-24-18, will serve as the liaison on behalf of individuals with disabilities consistent with the mandate of the Individuals with Disabilities Education Act (IDEA), 20 U.S.C. § 1400 et seq.
History of Section. P.L. 1996, ch. 161, § 1; P.L. 1996, ch. 251, § 1; P.L. 1998, ch. 319, § 1.
(a) Local partnerships will be developed to provide a framework within which local districts or consortia can develop school-to-work strategies which will:
(1) Be integrated with education reform and school improvement efforts;
(2) Offer opportunities for all students to participate in education and training programs that will prepare students for high skill, high wage careers and result in certification of knowledge and skills through a process such as a certificate of initial mastery and a certificate of advanced mastery recognized by both the education and business communities;
(3) Increase opportunities for continuing education, two (2) year or four (4) year colleges and other technical education experiences;
(4) Engage families in multiple roles to support and enhance opportunities for children to transition from school to work and to develop in-depth partnerships with businesses, colleges, families and community organizations to offer technical and substantive student workplace experiences for schools;
(5) Be part of the state’s comprehensive education reform;
(6) Be integrated with the state’s school-to-work plan;
(7) Be integrated with the state’s workforce development plan and economic reform initiative;
(8) Offer opportunities for all students to participate in performance-based education and training programs that will:
(i) Enable students to earn portable credentials;
(ii) Prepare the students for first jobs in high skill, high wage careers; and
(iii) Increase their opportunities for further education, including education in a four (4) year college or university.
(9) Utilize workplace as active learning environments in the educational process by making employers and labor organizations joint partners with educators in providing opportunities for all students to participate in high quality, work-based learning experiences;
(10) Build on and advance existing promising practices;
(11) Be integrated with the local partnerships established through the local educational collaboratives and their transition centers.
(b) In developing the school-to-work system, the emphasis shall be on a structure that is flexible to meet local school needs and is available to students as needed and appropriate. Students and parents shall be involved in the students’ choices of career paths. The human resource investment council’s school-to-work subcommittee, for the purpose of successfully establishing and implementing the school-to-work system, shall endeavor to obtain the cooperation of employers, employees, unions, the commission on higher education, post-secondary institutions and school districts.
(c) Programs and opportunities developed under this chapter shall not impair existing collective bargaining relationships, displace current employees, prevent rehiring laid-off employees, or impair promotion or job training opportunities for current employees.
History of Section. P.L. 1996, ch. 161, § 1; P.L. 1996, ch. 251, § 1.
Through the interagency partnerships, the state school-to-work system shall provide a plan for ongoing outreach activities to inform and organize the school-to-work partnerships on regional and local levels. In establishing a school-to-work system, the state shall:
(1) Redefine what constitutes professional development and develop and implement a plan for professional development and training opportunities for all stakeholders to include pre-service and in-service opportunities for educators and training opportunities for the business community and parents;
(2) Provide professional development in applied techniques and integration of curriculum;
(3) Provide career guidance for teachers and guidance counselors; and
(4) Provide training for worksite mentors.
History of Section. P.L. 1996, ch. 161, § 1; P.L. 1996, ch. 251, § 1.
The human resource investment council shall annually report to the legislature on the school-to-work transition program.
History of Section. P.L. 1996, ch. 161, § 1; P.L. 1996, ch. 251, § 1.
There shall be no appropriation of any state monies to carry out the purpose of this chapter without the approval of the general assembly.
History of Section. P.L. 1996, ch. 161, § 1; P.L. 1996, ch. 251, § 1.
(a) Each student, staff member, teacher, and administrator has a right to attend and/or work in an institution of higher education which is safe and secure and which is conducive to learning, and which is free from the threat, actual or implied, of physical harm by a disruptive student. A disruptive student is a person who exhibits persistent conduct, which substantially impedes the ability of other students to learn or otherwise substantially interferes with the rights stated above, and who has failed to respond to corrective and rehabilitative measures presented by staff, teachers, or administrators.
(b) The governing body as designated by each institution of higher education may suspend or expel all students found guilty of this conduct or where a student represents a threat to those rights of students, teachers, or administrators, as described in subsection (a). Nothing in this section shall relieve the institution of higher education from following all procedures required by state and federal law regarding discipline of students with disabilities.
(c) Any decision of the designated governing body shall be subject to appeal by the student as provided by the rules and regulations of each institution of higher education. These procedures shall assure due process which shall include at a minimum time-lines for a prompt hearing; adequate notice to the student stating the rule allegedly violated and giving a specific description of the incident and evidence that will be used against the student; an opportunity prior to the hearings to review any evidence supporting the allegation; an impartial decision maker or team of decision makers; a right to confront and cross-examine witnesses; the opportunity to be represented by counsel; and a written decision setting forth clearly the grounds for the action of the school.
History of Section. P.L. 1998, ch. 30, § 1; P.L. 1998, ch. 51, § 1.
(a) Each public institution of postsecondary education shall establish a plan for addressing the mental health needs of its students in a timely fashion that may include written memorandum of understanding with local community service providers or other mental health providers. Sole reliance on off-campus mental health services is strongly discouraged.
(b) Each public institution of postsecondary education shall develop and implement policies and training, if appropriate, that advise students, faculty, and staff, including residence hall staff, of the proper procedures for identifying the needs of a student exhibiting suicidal tendencies or behavior, and where appropriate provide training for addressing said needs.
(c) The plan and policies along with the implementation timetable in subsections (a) and (b) of this section shall be provided to the president of the senate, speaker of the house of representatives, and the council on postsecondary education by January 1, 2019.
History of Section. P.L. 2018, ch. 187, § 1; P.L. 2018, ch. 239, § 1.
This act shall be known and may referred to as the “Rhode Island Urban Education Act of 1998.”
History of Section. P.L. 1998, ch. 475, § 1.
The general assembly recognizes that certain school systems of urban communities as defined in this chapter require additional financial support and relief by the state, and allocates additional funding to these communities.
History of Section. P.L. 1998, ch. 475, § 1.
For the purposes of this chapter, “urban communities” means those communities identified to receive targeted aid in § 16-7.1-16.
History of Section. P.L. 1998, ch. 475, § 1.
Locally or regionally operated school districts shall be eligible for targeted aid if they have a tax effort index below 1.0 as calculated pursuant to § 16-7.1-16 and a free and reduced lunch count in grades K-3 greater than forty percent (40%).
History of Section. P.L. 1998, ch. 475, § 1.
Districts shall be eligible for aid based on the proportion that their average daily membership bears to the total average daily membership of districts eligible for aid in accordance with § 16-7.1-16.
History of Section. P.L. 1998, ch. 475, § 1.
[Repealed]
History of Section. P.L. 1998, ch. 475, § 1; Repealed by P.L. 2001, ch. 86, § 62, effective July 6, 2001.
This chapter shall be known and may be cited as the “Rhode Island Middle School Reform Act of 2004.”
History of Section. P.L. 2004, ch. 452, § 1.
It is hereby found and declared as follows:
The importance of education and the need to educate our children to ensure the future of our state’s work force and economic development is one of the major goals of the general assembly; and
Our state’s top educators have been calling for school reform that will help produce a higher performing public school that best meets the educational needs of students; and
The governor is calling upon our state’s business leaders to join the crusade for school change and reform by becoming involved in school issues and by being part of the solution to help improve our public schools.
The business education roundtable has been a catalyst for the involvement of our business leaders in school reform; and
The school improvement report of 2001 found that a significant number of Rhode Island middle schools performed poorly. In addition, the 2002 middle school performance analysis showed similar results; and
The “Rhode Island Middle School Reform Act of 2004” is designed to improve education in all the middle schools in Rhode Island.
History of Section. P.L. 2004, ch. 452, § 1.
Every school committee in every city or town shall initiate policy intended to improve the educational performance of its middle schools. Said policy shall include the following criteria:
(1) Encourage the redesign of its middle schools. Such a redesign effort should include all of the key elements of reformed middle schools, particularly time for team planning at least three (3) times per week and occurring during the school day.
(2) Encourage the professional development of all middle school teachers to better prepare them to successfully deal with the challenges of educating the middle school student.
(3) Encourage after-school social and recreational programs at its middle schools to better engage and connect the middle school students to their school.
(4) Encourage extended day academic tutorial programs for all students performing below standard in English, language arts and mathematics.
(5) Encourage the training of parents and community organizations to better prepare them to address the numerous needs of middle school students when they are not in school.
History of Section. P.L. 2004, ch. 452, § 1; P.L. 2013, ch. 501, § 82.
(a) The legislature recognizes that it is clearly in the public interest for the University of Rhode Island, Rhode Island College and the Community College of Rhode Island to seek private funding in support of initiatives which promote academic excellence and educational access. The legislature further finds that the creation of endowed academic chairs enhances the ability of Rhode Island’s three (3) public institutions of higher education to offer quality instruction and that additional scholarship funding will provide opportunities for students to pursue their educational and occupational goals. It is, therefore, declared to be the policy of the state to encourage private fundraising for these purposes by the University of Rhode Island, Rhode Island College and the Community College of Rhode Island and to assist such fundraising through a matching program to be known as the public higher education academic excellence and student access endowment incentive program.
(b) This program shall not result in direct or indirect reductions in the state’s appropriation to the board of governors for higher education.
History of Section. P.L. 2005, ch. 252, § 1; P.L. 2005, ch. 259, § 1; P.L. 2013, ch. 501, § 84.
Subject to appropriation, the state of Rhode Island may contribute funds to the University of Rhode Island Foundation in an amount necessary to match private donations for the purposes listed below. Subject to appropriation, the state may contribute an amount not to exceed one dollar ($1.00) for every two dollars ($2.00) or one dollar ($1.00) for such greater dollars as may be established by the board of governors for higher education, privately contributed to the University of Rhode Island or the University of Rhode Island Foundation for the creation of new academic chairs, the support of existing academic chairs, other educational enhancements and capital infrastructure investments; provided, that the maximum total contributions from the state to the University of Rhode Island Foundation shall be five million dollars ($5,000,000). Appropriations of Rhode Island capital plan funds shall be considered matching funds for the purposes of this section. Any contributions made to the University of Rhode Island Foundation for these purposes shall be reported to the board of governors for higher education which shall verify their eligibility for this matching program.
History of Section. P.L. 2005, ch. 252, § 1; P.L. 2005, ch. 259, § 1.
Subject to appropriation, the state of Rhode Island may contribute funds to Rhode Island College Foundation in an amount necessary to match private donations for the purposes listed below. Subject to appropriation, the state may contribute an amount not to exceed one dollar ($1.00) for every two dollars ($2.00) or one dollar ($1.00) for such greater dollars as may be established by the board of governors for higher education, privately contributed to Rhode Island College or the Rhode Island College Foundation for the creation of new academic chairs, the support of existing academic chairs, other educational enhancements, and capital infrastructure investments; provided, that the maximum total contributions from the state to Rhode Island College shall be two million dollars ($2,000,000). Appropriations of Rhode Island capital plan funds shall be considered matching funds for the purposes of this section. Any contributions made to the Rhode Island College Foundation for these purposes shall be reported to the board of governors for higher education which shall verify their eligibility for this matching program.
History of Section. P.L. 2005, ch. 252, § 1; P.L. 2005, ch. 259, § 1.
Subject to appropriation, the state of Rhode Island may contribute funds to the Community College of Rhode Island Foundation in an amount necessary to match private donations for the purposes listed below. Subject to appropriation, the state may contribute an amount not to exceed one dollar ($1.00) for every two dollars ($2.00) or one dollar ($1.00) for such greater dollars as may be established by the board of governors for higher education, privately contributed to the Community College of Rhode Island or the Community College of Rhode Island Foundation for the creation of new academic chairs, the support of existing academic chairs, other educational enhancements, and capital infrastructure investments; provided, that the maximum total contributions from the state to the Community College of Rhode Island shall be one million dollars ($1,000,000). Appropriations of Rhode Island capital plan funds shall be considered matching funds for the purposes of this section. Any contributions made to the Community College of Rhode Island College Foundation for these purposes shall be reported to the board of governors for higher education which shall verify their eligibility for this matching program.
History of Section. P.L. 2005, ch. 252, § 1; P.L. 2005, ch. 259, § 1.
Matching grants shall be made only for those contributions made after July 1, 2005.
History of Section. P.L. 2005, ch. 252, § 1; P.L. 2005, ch. 259, § 1.
This chapter shall be known and may be cited as the “Lindsay Ann Burke Act.”
History of Section. P.L. 2007, ch. 287, § 1; P.L. 2007, ch. 490, § 1.
The general assembly hereby finds, determines and declares that when a student is a victim of dating violence, his or her academic life suffers and his or her safety at school is jeopardized. The general assembly therefore finds that a policy to create an environment free of dating violence shall be a part of each school district. It is the intent of the general assembly to enact legislation that would require each school district to establish a policy for responding to incidents of dating violence and to provide dating violence education to students, parents, staff, faculty and administrators, in order to prevent dating violence and to address incidents involving dating violence. All students have a right to work and study in a safe, supportive environment that is free from harassment, intimidation and violence.
History of Section. P.L. 2007, ch. 287, § 1; P.L. 2007, ch. 490, § 1.
The general assembly finds and declares as follows:
(1) There is a distinct shortage in Rhode Island of workers who are trained and certified to function in direct support of individuals with developmental and/or learning disabilities who have special needs.
(2) The Paul V. Sherlock Center for Disabilities was established in 1993 at Rhode Island College for the express purpose of supporting community membership for individuals with disabilities in school, work and society.
History of Section. P.L. 2007, ch. 383, § 1; P.L. 2013, ch. 501, § 86.
(a) The Rhode Island board of governors for higher education (RIBGHE), working in collaboration with the office of health and human services (OHHS) and the Rhode Island department of labor and training (RIDLT), shall conduct a study to determine the need for and assess the feasibility of establishing a Rhode Island community supports academy at the Paul V. Sherlock Center at Rhode Island College. This academy would provide education and training for individuals who are interested in functioning in direct support roles for people in Rhode Island with developmental and/or learning disabilities that have special needs.
(b) The feasibility study will include an analysis of need and cost analysis for a 12-18 credit certification program for entry-level workers interested in working with children and adults with special needs. In developing this analysis, (RIBGHE), (OHHS) and (RIDLT) will consider:
(1) The proposed coursework and supervised field placement component for the certificate program;
(2) The employment needs of hospital and community-based settings; home-based services; child and adult day care settings; school settings and other settings that may work with adults and children who have special needs.
History of Section. P.L. 2007, ch. 383, § 1.
(a) In conducting the feasibility study, (RIBGHE), (OHHS) and (RIDLT) will solicit input from a variety of interested parties, including, but not limited to:
(1) Administration and staff of the Paul V. Sherlock Center.
(2) Administrators and faculty from Rhode Island-based institutions of higher education that currently offer coursework and degrees related to special needs adults and children.
(3) Appropriate community organizations that support the advancement of special needs individuals.
History of Section. P.L. 2007, ch. 383, § 1.
(RIBGHE), (OHHS) and (RIDLT) shall submit the aforementioned study to the Rhode Island general assembly by February 1, 2008, with its findings and recommendations, including an assessment of the size of the market for the certification program, the cost and feasibility to establish the program, and, assuming the study deems it feasible, proposed actions and recommendations to establish the Rhode Island community supports academy at the Paul V. Sherlock Center at Rhode Island College. Following the receipt and review of the study, the general assembly may report out a bill to begin establishment of the academy to the regular session of the 122nd legislature.
History of Section. P.L. 2007, ch. 383, § 1.
This act shall be known and may be cited as the “Rhode Island Prekindergarten Education Act.”
History of Section. P.L. 2008, ch. 110, § 1; P.L. 2008, ch. 265, § 1.
(a) The general assembly hereby finds that attending high quality early childhood education programs help children develop important social and cognitive skills and knowledge that prepares children to succeed in school. Research has shown long-lasting benefits for children who participate in very high quality, educationally focused early childhood programs. The benefits to children can also generate substantial government cost savings, including reduced need for special education services, reduced need for cash assistance and other public benefits, and reduced rates of incarceration.
(b) The general assembly finds that there are substantial numbers of children in Rhode Island entering kindergarten who are not adequately prepared to succeed in school. Early school failure may ultimately contribute to such children dropping out of school at an early age, failing to achieve their full potential, becoming dependent upon public assistance, or becoming involved in criminal activities.
(c) Furthermore, the general assembly finds that there is an existing infrastructure of early childhood programs in Rhode Island serving preschool age children in full-day and half-day programs that is supported through state and federal investments in child care, Head Start and special education. It is the goal of the general assembly to support a system of publicly-funded, high quality prekindergarten education programs that are operated through a diverse delivery network, including child care, Head Start and public school districts.
(d) By enacting this law, the general assembly acknowledges the need to adequately prepare all children to succeed in school by providing access to publicly-funded high quality prekindergarten education programs.
History of Section. P.L. 2008, ch. 110, § 1; P.L. 2008, ch. 265, § 1.
(a) The Rhode Island department of elementary and secondary education shall begin planning an initial, pilot prekindergarten program that meets high quality standards, builds on the existing early childhood education infrastructure in the state (including child care, Head Start and public schools) and serves children ages three (3) and four (4) who reside in communities with concentrations of low performing schools. This planning phase will develop specific goals to expand the pilot prekindergarten program over time and will also identify opportunities to strengthen care and learning programs for infants and toddlers.
(b) During this planning phase, the Rhode Island department of elementary and secondary education will quantify the resources needed to achieve and maintain high quality standards in prekindergarten programs and identify incentives and supports to develop a qualified early education workforce, including opportunities for experienced early childhood educators and paraprofessionals to acquire college degrees and earn early childhood teacher certification.
(c) The Rhode Island department of elementary and secondary education will begin to develop plans to collect and analyze data regarding the impact of the pilot prekindergarten program on participating children’s school readiness and school achievement.
History of Section. P.L. 2008, ch. 110, § 1; P.L. 2008, ch. 265, § 1.
(a) The Rhode Island department of elementary and secondary education shall work with other state departments and private philanthropy to establish a statewide, comprehensive, research-based early childhood workforce development scholarship program to expand the number of early childhood educators who have an associate’s or bachelor’s degree in early childhood education and who work with children from birth to age five (5).
(b)(1) In furtherance of the goals set forth in this chapter, no later than January 1, 2023, the governor’s workforce board shall convene a working group comprised of representatives from the department of elementary and secondary education, department of human services, office of the postsecondary commissioner, the RI early learning council, organized labor, and early childhood education industry employers, whose purpose shall be to identify barriers to entry into the early childhood education workforce, and to design accessible and accelerated pathways into the workforce, including, but not limited to, registered apprenticeships and postsecondary credit for prior work experience.
(2) No later than April 1, 2023, the working group shall provide the general assembly with recommendations for addressing the barriers to workforce entry and implementing the solutions identified by the working group; the recommendations shall outline any administrative and legislative action that would be required by participating agencies to implement the recommendations.
History of Section. P.L. 2008, ch. 110, § 1; P.L. 2008, ch. 265, § 1; P.L. 2022, ch. 231, art. 10, § 3, effective June 27, 2022.
The Rhode Island department of elementary and secondary education shall report back to the general assembly and the governor on the progress of the pilot planning phase no later than October 31, 2008.
History of Section. P.L. 2008, ch. 110, § 1; P.L. 2008, ch. 265, § 1.
On or before December 31, 2022, the department of elementary and secondary education, in collaboration with the department of human services and the children’s cabinet, as established in § 42-72.5-1, shall submit to the governor, speaker of the house, president of the senate, and chairs of the house and senate finance and education committees, an annual growth plan to expand the state prekindergarten program to five thousand (5,000) seats, for three- and four-year-old children, over five (5) years, beginning in FY 2024, as well as recommendations for achieving universal prekindergarten in the state. The growth plan shall detail annual targets and projected funding needs, as well as how the state will:
(1) Equitably distribute prekindergarten funding to eligible providers;
(2) Ensure that access to infant and toddler care is not at risk as the state prekindergarten program is expanded;
(3) Prepare, recruit, and retain a highly-qualified early childhood workforce, including adequate wages for early childhood educators, regardless of setting;
(4) Build capacity among new and existing providers to ensure quality standards are met in all settings; and
(5) Ensure providers in the mixed-delivery system have sufficient facilities to expand access to high-quality prekindergarten services.
History of Section. P.L. 2022, ch. 231, art. 10, § 4, effective June 27, 2022.
(a) No later than December 31, 2022, the department of human services shall provide the speaker of the house and president of the senate with a report on the status of disbursement and impact of capital funds made available by the early learning facilities general obligation bond approved on March 2, 2021.
(b) The departments of elementary and secondary education and human services may also provide recommendations for programs and initiatives to ensure that early childhood education providers utilize facilities that meet licensing and facilities standards, in order to increase access to high-quality prekindergarten learning environments. Programs and initiatives may include, but shall not be limited to:
(1) Grant programs for facility planning and/or emergency facility maintenance;
(2) Establishing strategic partnerships between local education agencies and community-based early learning providers to make use of available space in existing facilities; and/or
(3) Technical assistance for providers to access capital, navigate licensing standards for facilities, and/or begin the facility improvement and development processes.
History of Section. P.L. 2022, ch. 231, art. 10, § 4, effective June 27, 2022.
(a) There shall be created an early childhood governance working group (“the working group”) consisting of:
(1) The director of the department of human services, or designee;
(2) The commissioner of the department of education, or designee;
(3) The commissioner of postsecondary education, or designee;
(4) The director of the department of health, or designee;
(5) The director of the department of administration, or designee;
(6) The chair of the children’s cabinet, who shall be responsible for convening the working group; and
(7) The executive director of RI Kids Count, or designee.
(b) The working group shall convene any necessary subgroups of working group members and other stakeholders to inform and complete the early childhood governance recommendations required under this section.
(c) On or before October 1, 2023, the working group shall submit a report to the governor, speaker of the house, president of the senate, and chairs of the house and senate finance and education committees, that shall include recommendations regarding the governance of early childhood programs in the state. The recommendations shall address, but need not be limited to:
(1) The coordination and administration of early childhood programs and services;
(2) The governance and organizational structure of early childhood programs and services, including whether, and under what circumstances, the state should consider unifying early childhood programs under one state agency;
(3) The fiscal structure of proposed recommendations; and
(4) The implementation of early childhood data systems, for strategic planning, program implementation, and program evaluation.
(d) Staff of the children’s cabinet shall provide assistance in completing the duties of the working group identified in this section.
(e) The RI early learning council shall serve as an advisory body to the working group.
History of Section. P.L. 2022, ch. 231, art. 10, § 5, effective June 27, 2022.
This act shall be known and may be cited as the “Rhode Island After School and Summer Learning Program Act”.
History of Section. P.L. 2009, ch. 87, § 1; P.L. 2009, ch. 93, § 1.
(a) The general assembly hereby finds that participating in high quality after school and summer learning programs provides children and youth needed resources to succeed in school and in life.
(b) The general assembly also finds that in 2005, seventy-four percent (74%) of children ages six (6) to seventeen (17) in Rhode Island had all parents in the workforce, higher than the U.S. average of sixty-eight percent (68%). On school days, the hours between 3:00 p.m. and 6:00 p.m. are the peak hours for juvenile crime and experimentation with drug, alcohol, cigarettes and sex. Differences in summer learning accounted for sixty-five percent (65%) of the gap in reading scores between upper-income students who went to four (4) year colleges and low-income high-school dropouts. After school programs have been shown to support local schools by providing children and youth with opportunities to engage in hands-on activities that hold students’ interests and develop their skills and a sense of competence.
(c) The general assembly also finds that the need for after school and summer learning programs is demonstrated by the Rhode Island department of education grant competition for after school and summer learning programs funding. In each of the competitions; almost double the money has been requested than was available for funding.
(d) Furthermore, the general assembly finds that there is an existing infrastructure of after school and summer learning programs in Rhode Island serving school age children from kindergarten to 12th grade that is supported through state and federal investments in child care, 21st century community learning centers program, child opportunity zones, community-based organizations and public schools. It is the intent of the general assembly to support a system of publicly-funded, high quality after school and summer learning programs that are operated through a diverse delivery network, including child care, 21st century community learning centers program, child opportunity zones, community-based organizations and public districts.
(e) By enacting this law, the general assembly acknowledges the need to adequately prepare all children to succeed in school and life by providing access to publicly-funded high quality after school and summer learning programs.
History of Section. P.L. 2009, ch. 87, § 1; P.L. 2009, ch. 93, § 1.
(a) The Rhode Island department of elementary and secondary education shall begin planning an initial, demonstration after school and summer learning program that meets high quality standards, is age/grade appropriate, runs programming during the hours of 3:00 p.m. through 6:00 p.m. during the week, promotes the healthy development of youth, connects to the school day, builds on the existing after school and summer learning infrastructure in the state (including child care, 21st century community learning centers program, child opportunity zones, community-based organizations and public schools), incorporates experiential learning, social/emotional development and project-based activities and serves all children and youth from kindergarten to 12th grade with an emphasis on children and youth who attend high poverty, low performing schools. This planning phase will develop specific goals to expand the demonstration after school and summer learning program over time and will also identify opportunities to strengthen learning opportunities for children and youth.
(b) During this planning phase, the Rhode Island department of elementary and secondary education will: (1) Quantify the resources needed to achieve and maintain high quality standards based on existing quality standards in after school and summer learning programs; (2) Identify incentives and supports to develop a qualified workforce, including opportunities for professional development, planning time and staff development.
(c) The Rhode Island department of elementary and secondary education will begin to develop plans to collect and analyze data regarding the impact of the demonstration after school and summer learning program on participating children’s school achievement, behavior during school hours and social/emotional development.
History of Section. P.L. 2009, ch. 87, § 1; P.L. 2009, ch. 93, § 1.
The Rhode Island department of elementary and secondary education shall issue an interim report by February 26, 2010 to the general assembly and the governor and submit a final report on the progress of the demonstration planning phase no later than May 30, 2010.
History of Section. P.L. 2009, ch. 87, § 1; P.L. 2009, ch. 93, § 1.
This act shall be known and may be cited as the “Grant, Gift and Donation Acceptance and Expenditure Act of 2009.”
History of Section. P.L. 2009, ch. 130, § 1; P.L. 2009, ch. 174, § 1.
The general assembly makes the following findings of fact:
(1) The present financial resources of cities, towns and the state are stretched to their limit with regard to providing adequate funding for education, yet the need to fund public education at its present level remains unabated.
(2) School districts, school departments, and school committees are limited in their ability to seek alternative sources of funding for budgetary items outside of the annual appropriation of state aid to education and municipal tax levies.
History of Section. P.L. 2009, ch. 130, § 1; P.L. 2009, ch. 174, § 1.
The purpose of this chapter is:
(1) To enable and allow school districts, school departments, and school committees to accept grants, gifts and donations from any private individual, public or private business entity, any government or governmental subdivision thereof, including quasi-public agencies; and
(2) To restrict the expenditure of such grants, gifts and donations to a specific school district, school department, or school committee programming or a facility related need as specified according to the terms of the gift, grant or donation as conditioned by the grantor, giftor or donor.
History of Section. P.L. 2009, ch. 130, § 1; P.L. 2009, ch. 174, § 1.
Any school district, school department or school committee may accept any and all gifts, grants and donations of money, equipment, supplies, materials, services and any other contribution of value, conditional or otherwise, from any local, state, or federal government or governmental subdivision thereof, including quasi-public agencies of any kind, or from any person, firm, association, foundation, corporation or business entity for use in any program or facility thereof; provided, however, that the gift, grant or donation is utilized and disposed of pursuant to the express terms or conditions stipulated by such gift, grant or donation.
History of Section. P.L. 2009, ch. 130, § 1; P.L. 2009, ch. 174, § 1.
(a) Any amount of money received by any municipality for expenditure pursuant to this chapter shall be deposited by the chief finance officer of the municipality into the municipal treasury in a separate, restricted receipt account identifiable to the particular grant, gift or donation and shall be expended solely by and upon the demand of the school district, school department or school committee in accord with the express terms and conditions of said grant, gift or donation.
(b) Any account established hereunder shall be interest bearing and any interest on funds so deposited shall remain with and become part of the grant, gift or donation and shall be expended as part of said grant, gift or donation.
(c) Any other grant, gift or donation of any kind, other than money, including, but not limited to equipment, supplies, materials, services and any other contribution of value may be received directly by school districts, school departments, or school committees so long as said grant, gift or donation shall be accounted for from time of receipt to time of disposition, and so long as direct receipt of such is not otherwise prohibited by law.
History of Section. P.L. 2009, ch. 130, § 1; P.L. 2009, ch. 174, § 1.
Nothing in this chapter shall be construed to mean that the present annual municipal appropriation to any school district, school department or school committee shall be or may be decreased or diminished by the amount of any grant, gift or donation made pursuant to this chapter.
History of Section. P.L. 2009, ch. 130, § 1; P.L. 2009, ch. 174, § 1.
This act shall be known and may be cited as the “High School Outcomes Improvement Act of 2009.”
History of Section. P.L. 2009, ch. 204, § 1.
The general assembly makes the following findings of fact:.
(1) The high schools of the state of Rhode Island play an integral role in preparing students for college and work in the 21st century. The high school outcomes improvement act recognizes that high school success is more important than ever for the health of our economy, for civic life, and to ensure equal opportunity. It is of critical importance to the success of our public high schools to prepare all students for college and work in the 21st century.
(2) Without accurate data on graduation rates it is extremely difficult to evaluate the efficacy of the state’s system of public education. Better information can lead to better policies and program implementation.
(3) Parents and community members, who are critical to ensuring strong educational accountability, are hampered in their efforts to improve our schools if they do not have accurate data.
(4) It is of critical importance that accurate data be collected, maintained, analyzed and publicly reported by our state’s education system with respect to high school student graduation rates.
(5) In the state of Rhode Island, existing data from independent researchers indicates that when graduation rates are broken down by racial and ethnic group, by students with disabilities compared to their non-disabled peers, by English language learners and by socio-economically disadvantaged students compared to non-disadvantaged peers, that many of these sub-groups are experiencing particularly low rates of high school graduation.
(6) Ultimately, the state of Rhode Island is committed to develop and implement a student-unit-record data system, with unique student identifiers that can track students through the state’s education system from kindergarten through post-secondary education.
(7) The state must commit to developing and maintaining a data and public reporting system that accurately accounts for all students when calculating high school graduation rates and informs the public of progress toward the goal of universal high school graduation.
History of Section. P.L. 2009, ch. 204, § 1.
The purpose of this chapter is to initiate a process by which the state may achieve the goal of collecting, maintaining, analyzing and reporting of data relating to the graduation rates of the students in our public high schools as an essential step in addressing gaps in educational achievement among our diverse student population.
History of Section. P.L. 2009, ch. 204, § 1.
The following words and phrases used in this chapter shall have the following meanings unless the context clearly indicates otherwise:
(1) “High School Graduation Rate” is defined as the percentage of the “four (4) year adjusted cohort” who attended high school in the school district, and earned a regular high school diploma “on time” as calculated using the “graduation rate formula.”
(2) “Graduation Rate Formula” defines the formula for calculating the graduation rate as the number of students who earned an “on time” diploma divided by the number of students who formed the four (4) year adjusted cohort for that graduation class. It may be expressed as follows: Graduation rate= (On time graduates in year x) divided by (the number of students who entered grade 9 together in year x-4) + (transfers) — (transfers out and deceased).
(3) “On Time” means that students who earned a regular high school diploma from the district at the conclusion of their fourth (4th) year or before. This may include graduates who earned their diploma during a senior summer session in those districts offering summer sessions for seniors.
(4) “Four-Year Adjusted Cohort” is defined as the students who entered grade 9 together; and, any students that transferred into the district in grade 10 through 12. Students that the district can confirm have either transferred out of the district, or are deceased, are removed from the cohort. All other students, including those retained in grade, those who enroll in a GED program, or take leave of school for any other reason, are not counted as transfers and remain in the “four-year adjusted cohort.” Students who are retained in grade, or take leave of school and return are counted only once as part of their initial “four-year adjusted cohort.”
(5) “Transfers In” are students who entered any high school after the beginning of the entering cohort’s first year in high school in the district up to and including grade 12.
(6) “Transfers Out” are students the district can confirm with supporting documentation as having transferred out of the district to enroll in another high school outside the district, or other educational program for which they are expected to receive a regular high school diploma. Confirmation of transfer to another school/program shall be in the form of formal, written documentation that the student enrolled in the receiving school. “Transfers Out” does not include students enrolled in a GED or other alternative educational program that does not issue or provide credits toward the issuance of a regular high school diploma.
(7) “Board of Regents” means the state board of regents for elementary and secondary education established in chapter 16-60.
History of Section. P.L. 2009, ch. 204, § 1.
(a) Duties and responsibilities imposed by the statute with respect to the state’s adoption, public reporting and implementation, with respect to the public high schools in the state, of a standard four (4) year adjusted cohort graduation rate using the defined formula.
(1) Within ninety (90) days of the effective date of this act, the board of regents, in conjunction with each local school board, district, or agency, shall adopt and implement a standard four (4) year adjusted cohort graduation rate definition and data collection protocol using the graduation rate formula as defined in this chapter.
(2) Students who enroll in a GED or any other alternative educational program that does not issue or provide credits toward the issuance of a regular high school diploma are not “transfers out” and remain in the cohort for the purpose of graduation rate calculations described in this chapter.
(3) The board of regents, in conjunction with each local school board, district, or agency shall develop and retain capacity for collection, analysis, and public reporting of public high school graduation rate data. Graduation rates shall be calculated and publicly reported for each school, school district and for the state. Graduation rates shall be calculated and publicly reported in the aggregate and disaggregated by the major racial and ethnic groups, for students with disabilities, for English language learners, for socio-economically disadvantaged students, and for non-socio-economically disadvantaged students.
(4) The state’s education system, in conjunction with local school with school districts, is encouraged to develop and implement one or more complementary indicators to enhance the state’s ability to measure and report different forms of high school completion, including: five (5) and six (6) year graduation rates; dropout rates; retention rates; completion rates; and college-ready graduation rates. The board of regents shall develop consistent definitions to ensure that these measures are reported in comparable ways across schools and districts within the state. These additional indicators will not replace or be presented or treated as an alternative to the graduation rate delineated in this chapter.
(5) Nothing in this chapter should be construed as limiting the reporting on a variety of other indices of school completion such as dropout rates, five (5) and six (6) year graduation rates, and other school completion rates recommended for development in this chapter.
(6) The board of regents shall take the necessary steps to inculcate in the overall mission of the state’s education system, the importance of collecting, maintaining, analyzing, and publicly reporting at the state and district level, accurate and disaggregated data on the graduation rates of public high schools at the district and school level. These steps include, but are not limited to, mandatory training for all school district administrators, registrars and other school-and district-based personnel with responsibility for collecting and maintaining data on cohorts and graduation rates. In addition, the board of regents shall implement a system for verifying the accuracy of locally reported graduation-rate data that shall include statistical checks and analyses along with on-site audits of record-keeping procedures to ensure that schools and districts adhere to state standards and guidelines.
(7) The board of regents shall take the necessary steps to educate the public as to the need for the state’s education system to be able to collect, maintain, analyze, and report publicly, accurate data on the graduation rates of public high schools and school districts. Such steps shall include, but not be limited to, outreach to civic associations, community based groups, and parents organizations to educate them about the need for accurate graduation rates, to inform them of the reporting and assistance to be implemented by the state, and to solicit suggestions and community support.
(8) The board of regents shall collaborate with local governments in the process of adopting and implementing the public high school graduation rate required by this section. This collaboration shall include the calculation and public reporting of an interim graduation rate until such time as the state and local governments have all the data required to fully implement the cohort graduation rate definition mandated by this chapter. This interim graduation rate shall be the ratio of diploma recipients in the given year to ninth (9th) grade enrollment four (4) years prior.
(9) The interim graduation rate mandated in this chapter shall be used as the additional high school indicator for the purposes of determining a high school’s adequate yearly progress status under the No Child Left Behind Act of 2001 until such time as the cohort graduation rate, mandated by this chapter is implemented upon implementation of the cohort graduation rate. This rate shall be used as the additional high school indicator for the purposes of determining a high school’s adequate yearly progress status under the No Child Left Behind Act of 2001.
(b) This chapter applies only to graduation rate data for students who attend public high schools in Rhode Island.
History of Section. P.L. 2009, ch. 204, § 1.
(a) Within ninety (90) days of the effective date of this statute, the board of regents shall submit a report to the governor and the general assembly on the implementation of the adoption and implementation of the four (4) year cohort graduation rate formula. The report shall describe the interim measures the state is taking. The report should also detail each category, code and the corresponding definitions that the state has authorized for identifying, tracking, calculating and publicly reporting transfers out. This report shall be released to the public and posted on the state education department’s publicly accessible web page contemporaneous with submission to the governor and the general assembly.
(b) On or before November 1st of each year, the board of regents shall submit a report to the governor and the general assembly on its efforts to collect, maintain, analyze, and publicly report high school graduation rates, and how the steps taken by that system comply with other appropriate provisions of this section. This report shall describe the statistical analyses and data verification activities undertaken by the state to confirm the accuracy of reported graduation rates, and shall detail any discrepancies identified. This report shall be released to the public and posted on the state education department’s publicly accessible web page contemporaneous with submission to the governor and legislature.
History of Section. P.L. 2009, ch. 204, § 1.
The general assembly hereby finds and declares: (1) Concussions are one of the most commonly reported injuries in children and adolescents who participate in sports and recreational activities. A concussion is caused by a blow or motion to the head or body that causes the brain to move rapidly inside the skull. The risk of catastrophic injuries or death is significant when a concussion or head injury is not properly evaluated and managed.
(2) Concussions are a type of brain injury that can range from mild to severe and can disrupt the way the brain normally works. Concussions can occur in any organized or unorganized sport or recreational activity and can result from a fall or from players colliding with each other, the ground, or with obstacles. Concussions occur with or without loss of consciousness, but the vast majority occurs without loss of consciousness.
(3) Continuing to play with a concussion or symptoms of a head injury leaves the young athlete especially vulnerable to greater injury and even death. The general assembly also recognizes that, despite having generally recognized return-to-play standards for concussion and head injury, some affected youth athletes are prematurely returned to play resulting in actual or potential physical injury or death to youth athletes in the state of Rhode Island.
(4) Concussions can occur in any sport or recreational activity, furthermore, symptoms of concussions may manifest themselves after the injury during school hours and in the classroom setting. All school nurses, coaches, parents, and athletes shall be advised of the signs and symptoms of concussions as well as the protocol for treatment.
History of Section. P.L. 2010, ch. 21, § 1; P.L. 2010, ch. 22, § 1; P.L. 2014, ch. 370, § 1; P.L. 2014, ch. 401, § 1.
For the purpose of this section, the term “youth sports programs” means any program organized for recreational and/or athletic competition purposes by any school district or by any school participating in Rhode Island Interscholastic League Competition, and whose participants are nineteen (19) years of age or younger.
History of Section. P.L. 2010, ch. 21, § 1; P.L. 2010, ch. 22, § 1; P.L. 2011, ch. 227, § 1; P.L. 2011, ch. 237, § 1.
(a) The department of education and the department of health shall work in concert with the Rhode Island Interscholastic League to develop and promulgate guidelines to inform and educate coaches, teachers, school nurses, youth athletes, and their parents and/or guardians of the nature and risk of concussion and head injury, including continuing to play after concussion or head injury. A concussion and head injury information sheet shall be signed and returned by the youth athlete and the athlete’s parent and/or guardian prior to the youth athlete’s return to practice or competition.
(b) School districts are required to use training materials made available by the United States Center for Disease Control and Prevention entitled “Heads Up: Concussion in the High School Sports/Concussion in Youth Sports” and any updates or amendments thereto, or training materials substantively and substantially similar thereto. The department of education shall post training materials made available by the Center for Disease Control and Prevention and the Rhode Island Interscholastic League on its website. All coaches and volunteers involved in a youth sport or activity covered by this chapter must complete a training course and a refresher course annually thereafter in concussions and traumatic brain injuries. All school nurses must complete a training course and an annual refresher course in concussions and traumatic brain injuries. Teachers and teachers’ aides are strongly encouraged to complete the training course in concussions and traumatic brain injuries. Training may consist of videos, classes, and any other generally accepted mode and medium of providing information.
(c) School districts are encouraged to have all student athletes perform baseline neuropsychological testing, computerized or otherwise. Parents and/or guardians shall be provided with information as to the risk of concussion and/or traumatic brain injuries prior to the start of every sport season and they shall sign an acknowledgement as to their receipt of such information.
(d) A youth athlete, who is suspected of sustaining a concussion or head injury in a practice or game, shall be removed from competition at that time.
(e) A youth athlete, who has been removed from play, may not return to play until the athlete is evaluated by a licensed physician who may consult with an athletic trainer, all of whom shall be trained in the evaluation and management of concussions. The athlete must receive written clearance to return to play from that licensed physician.
(f) All school districts are encouraged to have an athletic trainer, or similarly trained person, at all recreational and athletic events addressed by this statute.
History of Section. P.L. 2010, ch. 21, § 1; P.L. 2010, ch. 22, § 1; P.L. 2011, ch. 227, § 1; P.L. 2011, ch. 237, § 1; P.L. 2014, ch. 370, § 1; P.L. 2014, ch. 401, § 1.
All other youth sports programs not specifically addressed by this statute are encouraged to follow the guidance set forth in this statute for all program participants who are age nineteen (19) and younger.
History of Section. P.L. 2010, ch. 21, § 1; P.L. 2010, ch. 22, § 1.
This act shall be known and may be cited as the “Sudden Cardiac Arrest Prevention Act.”
History of Section. P.L. 2017, ch. 338, § 1; P.L. 2017, ch. 355, § 1.
For the purposes of this chapter, the term “youth sport program or activity” means any program organized for recreational and/or athletic competition purposes by any school district, or by any school participating in Rhode Island Interscholastic League competition, and whose participants are nineteen (19) years of age or younger.
History of Section. P.L. 2017, ch. 338, § 1; P.L. 2017, ch. 355, § 1.
(a) The department of education and the department of health shall promulgate guidelines to inform and educate coaches, teachers, school nurses, youth athletes, and their parents and/or guardians about the nature and warning signs of sudden cardiac arrest, including the risks associated with continuing to play or practice after experiencing the following symptoms: fainting or seizures during exercise, unexplained shortness of breath, chest pains, dizziness, racing heart rate and extreme fatigue.
(b) School districts may use training materials made available at no cost to the school district by organizations such as Simon’s Fund, Parent Heart Watch, Sudden Arrhythmia Death Syndromes Foundation, or training materials substantively and substantially similar thereto. The department of education shall post links to training materials on its website. All coaches and volunteers involved in a youth sport program or activity covered by this chapter must complete a training course that may be completed online about the nature and warning signs of sudden cardiac arrest, including the risks associated with continuing to play or practice after experiencing symptoms including: fainting or seizures during exercise, unexplained shortness of breath, chest pains, dizziness, racing heart rate and extreme fatigue. Training may consist of videos, classes, and any other generally accepted mode and medium of providing information.
(c) Parents and/or guardians shall be provided with information as to the nature and warning signs of sudden cardiac arrest prior to the start of every sport season.
(d)(1) A student who, as determined by a game official, coach from the student’s team, certified athletic trainer, licensed physician, or other official designated by the student’s school entity, exhibits signs or symptoms of sudden cardiac arrest while participating in an athletic activity shall be removed by the coach from participation at that time, subject to subsection (d)(3) of this section.
(2) If a student is known to have exhibited signs or symptoms of sudden cardiac arrest at any time prior to or following an athletic activity, the student shall be prevented from participating in an athletic activity, subject to subsection (d)(3) of this section.
(3) A student removed or prevented from participating in an athletic activity under subsections (d)(1) or (d)(2) of this section shall not return to participation until the student is evaluated and cleared for return to participation in writing by a licensed physician, certified registered nurse practitioner, or cardiologist.
(e) All school districts are encouraged to have an athletic trainer, or similarly trained person, at all recreational and athletic events addressed by this statute.
History of Section. P.L. 2017, ch. 338, § 1; P.L. 2017, ch. 355, § 1.
All other youth sports programs not specifically addressed by this chapter are encouraged to follow the guidance set forth in this chapter for all program participants who are age nineteen (19) and younger.
History of Section. P.L. 2017, ch. 338, § 1; P.L. 2017, ch. 355, § 1.
This act shall be known and may be cited as the “Interstate Compact on Educational Opportunity for Military Children.”
History of Section. P.L. 2010, ch. 100, § 1; P.L. 2010, ch. 106, § 1.
It is the purpose of this compact to remove barriers to educational success imposed on children of military families because of frequent moves and deployment of their parents by:
(1) Facilitating the timely enrollment of children of military families and ensuring that they are not placed at a disadvantage due to difficulty in the transfer of education records from the previous school district or districts, or variations in entrance and age requirements.
(2) Facilitating the student placement process through which children of military families are not disadvantaged by variations in attendance requirements, scheduling, sequencing, grading, course content or assessment.
(3) Facilitating the qualification and eligibility for enrollment, educational programs, and participation in extracurricular academic, athletic, and social activities.
(4) Facilitating the on-time graduation of children of military families.
(5) Providing for the promulgation and enforcement of administrative rules implementing the provisions of this compact.
(6) Providing for the uniform collection and sharing of information between and among member states, schools and military families under this compact.
(7) Promoting coordination between this compact and other compacts affecting military children.
(8) Promoting flexibility and cooperation between the educational system, parents and the student in order to achieve educational success for the student.
History of Section. P.L. 2010, ch. 100, § 1; P.L. 2010, ch. 106, § 1.
As used in this chapter, unless the context clearly requires a different construction:
(1) “Active duty” means full-time duty status in the active uniformed service of the United States, including members of the Space Force, the National Guard and Reserve on active duty orders pursuant to 10 U.S.C. § 1209 and 1211.
(2) “Children of military families” means a school-aged child or children, enrolled in kindergarten through twelfth grade, in the household of an active duty member.
(3) “Compact commissioner” means the voting representative of each compacting state appointed pursuant to § 16-92-9 of this chapter.
(4) “Deployment” means the period one month prior to the service members’ departure from their home station on military orders through six (6) months after return to their home station.
(5) “Education or educational records” means those official records, files, and data directly related to a student and maintained by the school or local education agency, including, but not limited to, records encompassing all the material kept in the student’s cumulative folder such as general identifying data, records of attendance and of academic work completed, records of achievement and results of evaluative tests, health data, disciplinary status, test protocols, and individualized education programs.
(6) “Extracurricular activities” means a voluntary activity sponsored by the school or local education agency or an organization sanctioned by the local education agency. Extracurricular activities include, but are not limited to, preparation for and involvement in public performances, contests, athletic competitions, demonstrations, displays, and club activities.
(7) “Interstate Commission on Educational Opportunity for Military Children” means the commission that is created under this chapter, which is generally referred to as interstate commission.
(8) “Local education agency” means a public authority legally constituted by the state as an administrative agency to provide control of and direction for kindergarten through twelfth grade public educational institutions.
(9) “Member state” means a state that has enacted this compact.
(10) “Military installation” means a base, camp, post, station, yard, center, homeport facility for any ship, or other activity under the jurisdiction of the Department of Defense, including any leased facility, which is located within any of the several states, the District of Columbia, the Commonwealth of Puerto Rico, the U.S. Virgin Islands, Guam, American Samoa, the Northern Marianas Islands and any other U.S. Territory. Such term does not include any facility used primarily for civil works, rivers and harbors projects, or flood control projects.
(11) “Non-member state” means a state that has not enacted this compact.
(12) “Receiving state” means the state to which a child of a military family is sent, brought, or caused to be sent or brought.
(13) “Rule” means a written statement by the interstate commission promulgated pursuant to § 16-92-13 of this chapter that is of general applicability, implements, interprets or prescribes a policy or provision of the compact, or an organizational, procedural, or practice requirement of the interstate commission, and has the force and effect of statutory law in a member state, and includes the amendment, repeal, or suspension of an existing rule.
(14) “Sending state” means the state from which a child of a military family is sent, brought, or caused to be sent or brought.
(15) “State” means a state of the United States, the District of Columbia, the Commonwealth of Puerto Rico, the U.S. Virgin Islands, Guam, American Samoa, the Northern Marianas Islands and any other U.S. Territory.
(16) “Student” means the child of a military family for whom the local education agency receives public funding and who is formally enrolled in kindergarten through twelfth grade.
(17) “Transition” means: (i) The formal and physical process of transferring from school to school; or (ii) The period of time in which a student moves from one school in the sending state to another school in the receiving state.
(18) “Uniformed service or services” means the Army, Navy, Air Force, Marine Corps, Space Force, Coast Guard as well as the Commissioned Corps of the National Oceanic and Atmospheric Administration, and Public Health Services.
(19) “Veteran” means a person who served in the uniformed services and who was discharged or released there from under conditions other than dishonorable.
History of Section. P.L. 2010, ch. 100, § 1; P.L. 2010, ch. 106, § 1; P.L. 2025, ch. 165, § 6, effective June 24, 2025; P.L. 2025, ch. 166, § 6, effective June 24, 2025.
(a) Except as otherwise provided in subsection b. of this section, this compact shall apply to the children of:
(1) Active duty members of the uniformed services as defined in this chapter, including members of the National Guard and Reserve on active duty orders pursuant to 10 U.S.C. § 1209 and 1211;
(2) Members or veterans of the uniformed services who are severely injured and medically discharged or retired for a period of one year after medical discharge or retirement; and
(3) Members of the uniformed services who die on active duty or as a result of injuries sustained on active duty for a period of one year after death.
(b) The provisions of this interstate compact shall only apply to local education agencies as defined in this chapter.
(c) The provisions of this chapter shall not apply to the children of:
(1) Inactive members of the national guard and military reserves;
(2) Members of the uniformed services now retired, except as provided in subsection (a) of this section;
(3) Veterans of the uniformed services, except as provided in subsection (a) of this section; and
(4) Other U.S. Dept. of Defense personnel and other federal agency civilian and contract employees not defined as active duty members of the uniformed services.
History of Section. P.L. 2010, ch. 100, § 1; P.L. 2010, ch. 106, § 1.
(a) Unofficial or “hand-carried” education records. In the event that official education records cannot be released to the parents for the purpose of transfer, the custodian of the records in the sending state shall prepare and furnish to the parent a complete set of unofficial educational records containing uniform information as determined by the interstate commission. Upon receipt of the unofficial educational records by a school in the receiving state, the school shall enroll and appropriately place the student based on the information provided in the unofficial records pending validation by the official records, as quickly as possible.
(b) Official education records and transcripts. Simultaneous with the enrollment and conditional placement of the student, the school in the receiving state shall request the student’s official education record from the school in the sending state. Upon receipt of this request, the school in the sending state will process and furnish the official education records to the school in the receiving state within ten (10) days or within such time as is reasonably determined under the rules promulgated by the interstate commission.
(c) Immunizations. Compacting states shall give thirty (30) days from the date of enrollment or within such time as is reasonably determined under the rules promulgated by the interstate commission, for students to obtain any immunizations required by the receiving state. For a series of immunizations, initial vaccinations must be obtained within thirty (30) days or within such time as is reasonably determined under the rules promulgated by the interstate commission.
(d) Kindergarten and first grade entrance age. Students shall be allowed to continue their enrollment at grade level in the receiving state commensurate with their grade level, including kindergarten, from a local education agency in the sending state at the time of transition, regardless of age. A student that has satisfactorily completed the prerequisite grade level in the local education agency in the sending state shall be eligible for enrollment in the next highest grade level in the receiving state, regardless of age. A student transferring after the start of the school year in the receiving state shall enter the school in the receiving state on their validated level from an accredited school in the sending state.
History of Section. P.L. 2010, ch. 100, § 1; P.L. 2010, ch. 106, § 1.
(a) Course placement. When the student transfers before or during the school year, the receiving state school shall initially honor placement of the student in educational courses based on the student’s enrollment in the sending state school, educational assessments conducted at the school in the sending state, or both, if the courses are offered. Course placement includes, but is not limited to, honors, international baccalaureate, advanced placement, vocational, technical and career pathways courses. Continuing the student’s academic program from the previous school and promoting placement in academically and career challenging courses should be paramount when considering placement. This does not preclude the school in the receiving state from performing subsequent evaluations to ensure appropriate placement and continued enrollment of the student in the course or courses.
(b) Educational program placement. The receiving state school shall initially honor placement of the student in educational programs based on current educational assessments conducted at the school in the sending state or participation or placement in like programs in the sending state. Such programs include, but are not limited to: (1) Gifted and talented programs; and (2) English as a second language (ESL). This does not preclude the school in the receiving state from performing subsequent evaluations to ensure appropriate placement of the student.
(c) Special education services. (1) In compliance with the federal requirements of the Individuals with Disabilities Education Act (IDEA), 20 U.S.C.A. § 1400 et seq., the receiving state shall initially provide comparable services to a student with disabilities based on his or her current Individualized Education Program (IEP); and (2) In compliance with the requirements of Section 504 of the Rehabilitation Act, 29 U.S.C.A. § 794, and with Title II of the Americans with Disabilities Act, 42 U.S.C.A. §§ 12131 —12165, the receiving state shall make reasonable accommodations and modifications to address the needs of incoming students with disabilities, subject to an existing 504 or Title II Plan, to provide the student with equal access to education. This does not preclude the school in the receiving state from performing subsequent evaluations to ensure appropriate placement of the student.
(d) Placement flexibility. Local education agency administrative officials shall have flexibility in waiving course or program prerequisites, or other preconditions for placement in courses or programs offered under the jurisdiction of the local education agency.
(e) Absence as related to deployment activities. A student whose parent or legal guardian is an active duty member of the uniformed services, as defined by the compact, and has been called to duty for, is on leave from, or immediately returned from deployment to a combat zone or combat support posting, shall be granted additional excused absences at the discretion of the local education agency superintendent to visit with his or her parent or legal guardian relative to such leave or deployment of the parent or guardian.
History of Section. P.L. 2010, ch. 100, § 1; P.L. 2010, ch. 106, § 1.
(a) Eligibility for enrollment:
(1) Special power of attorney, relative to the guardianship of a child of a military family and executed under applicable law shall be sufficient for the purposes of enrollment and all other actions requiring parental participation and consent.
(2) A local education agency shall be prohibited from charging local tuition to a transitioning military child placed in the care of a non-custodial parent or other person standing in loco parentis who lives in a jurisdiction other than that of the custodial parent.
(3) A transitioning military child, placed in the care of a non-custodial parent or other person standing in loco parentis who lives in a jurisdiction other than that of the custodial parent, may continue to attend the school in which he or she was enrolled while residing with the custodial parent.
(b) Eligibility for extracurricular participation. State and local education agencies shall facilitate the opportunity for transitioning military children’s inclusion in extracurricular activities, regardless of application deadlines, to the extent they are otherwise qualified.
History of Section. P.L. 2010, ch. 100, § 1; P.L. 2010, ch. 106, § 1.
In order to facilitate the on-time graduation of children of military families states and local education agencies shall incorporate the following procedures:
(1) Waiver requirements. Local education agency administrative officials shall waive specific courses required for graduation if similar course work has been satisfactorily completed in another local education agency or shall provide reasonable justification for denial. Should a waiver not be granted to a student who would qualify to graduate from the sending school, the local education agency shall provide an alternative means of acquiring required coursework so that graduation may occur on time.
(2) Exit exams. States shall accept: (i) exit or end-of-course exams required for graduation from the sending state; or (ii) national norm-referenced achievement tests; or (iii) alternative testing, in lieu of testing requirements for graduation in the receiving state. In the event the above alternatives cannot be accommodated by the receiving state for a student transferring in his or her senior year, then the provisions of subdivision (3) of this section shall apply.
(3) Transfers during senior year. Should a military student transferring at the beginning or during his or her senior year be ineligible to graduate from the receiving local education agency after all alternatives have been considered, the sending and receiving local education agencies shall ensure the receipt of a diploma from the sending local education agency, if the student meets the graduation requirements of the sending local education agency. In the event that one of the states in question is not a member of this compact, the member state shall use best efforts to facilitate the on-time graduation of the student in accordance with subdivisions (1) and (2) of this section.
History of Section. P.L. 2010, ch. 100, § 1; P.L. 2010, ch. 106, § 1.
(a) Each member state shall, through the creation of a state council or use of an existing body or board, provide for the coordination among its agencies of government, local education agencies and military installations concerning the state’s participation in, and compliance with, this compact and interstate commission activities. While each member state may determine the membership of its own state council, its membership must include at least: the state superintendent of education, superintendent of a school district with a high concentration of military children, representative from a military installation, one representative each from the legislative and executive branches of government, and other offices and stakeholder groups the state council deems appropriate. A member state that does not have a school district deemed to contain a high concentration of military children may appoint a superintendent from another school district to represent local education agencies on the state council.
(b) The state council of each member state shall appoint or designate a military family education liaison to assist military families and the state in facilitating the implementation of this compact.
(c) The compact commissioner responsible for the administration and management of the state’s participation in the compact shall be appointed by the governor or as otherwise determined by each member state.
(d) The compact commissioner and the military family education liaison designated herein shall be ex-officio members of the state council, unless either is already a full voting member of the state council.
History of Section. P.L. 2010, ch. 100, § 1; P.L. 2010, ch. 106, § 1.
The member states hereby create the “Interstate Commission on Educational Opportunity for Military Children.” The activities of the interstate commission are the formation of public policy and are a discretionary state function. The interstate commission shall:
(1) Be a body corporate and joint agency of the member states and shall have all the responsibilities, powers and duties set forth herein, and such additional powers as may be conferred upon it by a subsequent concurrent action of the respective legislatures of the member states in accordance with the terms of this compact.
(2) Consist of one interstate commission voting representative from each member state who shall be that state’s compact commissioner:
(i) Each member state represented at a meeting of the interstate commission is entitled to one vote;
(ii) A majority of the total member states shall constitute a quorum for the transaction of business, unless a larger quorum is required by the bylaws of the interstate commission;
(iii) A representative shall not delegate a vote to another member state. In the event the compact commissioner is unable to attend a meeting of the interstate commission, the governor or state council may delegate voting authority to another person from their state for a specified meeting;
(iv) The bylaws may provide for meetings of the interstate commission to be conducted by telecommunication or electronic communication, which shall:
(3) Consist of ex-officio, non-voting representatives who are members of interested organizations. Such ex-officio members, as defined in the bylaws, may include, but not be limited to, members of the representative organizations of military family advocates, local education agency officials, parent and teacher groups, the U.S. Department of Defense, the Education Commission of the States, the Interstate Agreement on the Qualification of Educational Personnel and other interstate compacts affecting the education of children of military members.
(4) Meet at least once each calendar year. The chairperson may call additional meetings and, upon the request of a simple majority of the member states, shall call additional meetings.
(5) Establish an executive committee, whose members shall include the officers of the interstate commission and such other members of the interstate commission as determined by the bylaws. Members of the executive committee shall serve a one year term. Members of the executive committee shall be entitled to one vote each. The executive committee shall have the power to act on behalf of the interstate commission, with the exception of rulemaking, during periods when the interstate commission is not in session. The executive committee shall oversee the day-to-day activities of the administration of the compact including enforcement and compliance with the provisions of the compact, its bylaws and rules, and other such duties as deemed necessary. The U.S. Dept. of Defense, shall serve as an ex-officio, nonvoting member of the executive committee.
(6) Establish bylaws and rules that provide for conditions and procedures under which the interstate commission shall make its information and official records available to the public for inspection or copying. The interstate commission may exempt from disclosure information or official records to the extent they would adversely affect personal privacy rights or proprietary interests.
(7) Give public notice of all meetings and all meetings shall be open to the public, except as set forth in the rules or as otherwise provided in the compact. The interstate commission and its committees may close a meeting, or portion thereof, where it determines by two-thirds (⅔) vote that an open meeting would be likely to:
(i) Relate solely to the interstate commission’s internal personnel practices and procedures;
(ii) Disclose matters specifically exempted from disclosure by federal and state statute;
(iii) Disclose trade secrets or commercial or financial information which is privileged or confidential;
(iv) Involve accusing a person of a crime, or formally censuring a person;
(v) Disclose information of a personal nature where disclosure would constitute a clearly unwarranted invasion of personal privacy;
(vi) Disclose investigative records compiled for law enforcement purposes; or
(vii) Specifically relate to the interstate commission’s participation in a civil action or other legal proceeding.
(8) Cause its legal counsel or designee to certify that a meeting may be closed and shall reference each relevant exemptible provision for any meeting, or portion of a meeting, which is closed pursuant to this provision. The interstate commission shall keep minutes which shall fully and clearly describe all matters discussed in a meeting and shall provide a full and accurate summary of actions taken, and the reasons therefore, including a description of the views expressed and the record of a roll call vote. All documents considered in connection with an action shall be identified in such minutes. All minutes and documents of a closed meeting shall remain under seal, subject to release by a majority vote of the interstate commission.
(9) Collect standardized data concerning the educational transition of the children of military families under this compact as directed through its rules which shall specify the data to be collected, the means of collection and data exchange and reporting requirements. Such methods of data collection, exchange and reporting shall, in so far as is reasonably possible, conform to current technology and coordinate its information functions with the appropriate custodian of records as identified in the bylaws and rules.
(10) Create a process that permits military officials, education officials and parents to inform the interstate commission if and when there are alleged violations of the compact or its rules or when issues subject to the jurisdiction of the compact or its rules are not addressed by the state or local education agency. This section shall not be construed to create a private right of action against the interstate commission or any member state.
History of Section. P.L. 2010, ch. 100, § 1; P.L. 2010, ch. 106, § 1.
The interstate commission shall have the following powers:
(1) To provide for dispute resolution among member states.
(2) To promulgate rules and take all necessary actions to effect the goals, purposes and obligations as enumerated in this compact. The rules shall have the force and effect of statutory law and shall be binding in the compact states to the extent and in the manner provided in this compact.
(3) To issue, upon request of a member state, advisory opinions concerning the meaning or interpretation of the interstate compact, its bylaws, rules and actions.
(4) To enforce compliance with the compact provisions, the rules promulgated by the interstate commission, and the bylaws, using all necessary and proper means, including, but not limited to, the use of judicial process.
(5) To establish and maintain offices which shall be located within one or more of the member states.
(6) To purchase and maintain insurance and bonds.
(7) To borrow, accept, hire or contract for services of personnel.
(8) To establish and appoint committees including, but not limited to, an executive committee as required by subdivision 16-91-10(5), which shall have the power to act on behalf of the interstate commission in carrying out its powers and duties hereunder.
(9) To elect or appoint such officers, attorneys, employees, agents, or consultants, and to fix their compensation, define their duties and determine their qualifications; and to establish the interstate commission’s personnel policies and programs relating to conflicts of interest, rates of compensation, and qualifications of personnel.
(10) To accept any and all donations and grants of money, equipment, supplies, materials, and services, and to receive, utilize, and dispose of it.
(11) To lease, purchase, accept contributions or donations of, or otherwise to own, hold, improve or use any property, real, personal, or mixed.
(12) To sell, convey, mortgage, pledge, lease, exchange, abandon, or otherwise dispose of any property, real, personal or mixed.
(13) To establish a budget and make expenditures.
(14) To adopt a seal and bylaws governing the management and operation of the interstate commission.
(15) To report annually to the legislatures, governors, judiciary, and state councils of the member states concerning the activities of the interstate commission during the preceding year. Such reports shall also include any recommendations that may have been adopted by the interstate commission.
(16) To coordinate education, training and public awareness regarding the compact, its implementation and operation for officials and parents involved in such activity.
(17) To establish uniform standards for the reporting, collecting and exchanging of data.
(18) To maintain corporate books and records in accordance with the bylaws.
(19) To perform such functions as may be necessary or appropriate to achieve the purposes of this compact.
(20) To provide for the uniform collection and sharing of information between and among member states, schools and military families under this compact.
History of Section. P.L. 2010, ch. 100, § 1; P.L. 2010, ch. 106, § 1.
(a) The interstate commission shall, by a majority of the members present and voting, within twelve (12) months after the first interstate commission meeting, adopt bylaws to govern its conduct as may be necessary or appropriate to carry out the purposes of the compact, including, but not limited to:
(1) Establishing the fiscal year of the interstate commission;
(2) Establishing an executive committee, and such other committees as may be necessary;
(3) Providing for the establishment of committees and for governing any general or specific delegation of authority or function of the interstate commission;
(4) Providing reasonable procedures for calling and conducting meetings of the interstate commission, and ensuring reasonable notice of each such meeting;
(5) Establishing the titles and responsibilities of the officers and staff of the interstate commission;
(6) Providing a mechanism for concluding the operations of the interstate commission and the return of surplus funds that may exist upon the termination of the compact after the payment and reserving of all of its debts and obligations;
(7) Providing “start up” rules for initial administration of the compact.
(b) The interstate commission shall, by a majority of the members, elect annually from among its members a chairperson, a vice-chairperson, and a treasurer, each of whom shall have such authority and duties as may be specified in the bylaws. The chairperson or, in the chairperson’s absence or disability, the vice-chairperson, shall preside at all meetings of the interstate commission. The officers so elected shall serve without compensation or remuneration from the interstate commission; provided that, subject to the availability of budgeted funds, the officers shall be reimbursed for ordinary and necessary costs and expenses incurred by them in the performance of their responsibilities as officers of the interstate commission.
(c) Executive committee, officers and personnel:
(1) The executive committee shall have such authority and duties as may be set forth in the bylaws, including but not limited to:
(i) Managing the affairs of the interstate commission in a manner consistent with the bylaws and purposes of the interstate commission;
(ii) Overseeing an organizational structure within, and appropriate procedures for the interstate commission to provide for the creation of rules, operating procedures, and administrative and technical support functions; and
(iii) Planning, implementing, and coordinating communications and activities with other state, federal and local government organizations in order to advance the goals of the interstate commission.
(2) The executive committee may, subject to the approval of the interstate commission, appoint or retain an executive director for such period, upon such terms and conditions and for such compensation, as the interstate commission may deem appropriate. The executive director shall serve as secretary to the interstate commission, but shall not be a member of the interstate commission. The executive director shall hire and supervise such other persons as may be authorized by the interstate commission.
(d) The interstate commission’s executive director and its employees shall be immune from suit and liability, either personally or in their official capacity, for a claim for damage to or loss of property or personal injury or other civil liability caused or arising out of or relating to an actual or alleged act, error, or omission that occurred, or that such person had a reasonable basis for believing occurred, within the scope of interstate commission employment, duties, or responsibilities; provided, that such person shall not be protected from suit or liability for damage, loss, injury, or liability caused by the intentional or willful and wanton misconduct of such person.
(1) The liability of the interstate commission’s executive director and employees or interstate commission representatives, acting within the scope of such person’s employment or duties for acts, errors, or omissions occurring within such person’s state may not exceed the limits of liability set forth under the constitution and laws of that state for state officials, employees, and agents. The interstate commission is considered to be an instrumentality of the states for the purposes of any such action. Nothing in this subsection shall be construed to protect such person from suit or liability for damage, loss, injury, or liability caused by the intentional or willful and wanton misconduct of such person.
(2) The interstate commission shall defend the executive director and its employees and, subject to the approval of the attorney general or other appropriate legal counsel of the member state represented by an interstate commission representative, shall defend such interstate commission representative in any civil action seeking to impose liability arising out of an actual or alleged act, error or omission that occurred within the scope of interstate commission employment, duties or responsibilities, or that the defendant had a reasonable basis for believing occurred within the scope of interstate commission employment, duties, or responsibilities, provided that the actual or alleged act, error, or omission did not result from intentional or willful and wanton misconduct on the part of such person.
(3) To the extent not covered by the state involved, member state, or the interstate commission, the representatives or employees of the interstate commission shall be held harmless in the amount of a settlement or judgment, including attorney’s fees and costs, obtained against such persons arising out of an actual or alleged act, error, or omission that occurred within the scope of interstate commission employment, duties, or responsibilities, or that such persons had a reasonable basis for believing occurred within the scope of interstate commission employment, duties, or responsibilities, provided that the actual or alleged act, error, or omission did not result from intentional or willful and wanton misconduct on the part of such persons.
History of Section. P.L. 2010, ch. 100, § 1; P.L. 2010, ch. 106, § 1.
(a) Rulemaking authority. The interstate commission shall promulgate reasonable rules in order to effectively and efficiently achieve the purposes of this compact. Notwithstanding the foregoing, in the event the interstate commission exercises its rulemaking authority in a manner that is beyond the scope of the purposes of this act, or the powers granted hereunder, then such an action by the interstate commission shall be invalid and have no force or effect.
(b) Rulemaking procedure. Rules shall be made pursuant to a rulemaking process that substantially conforms to the “Model State Administrative Procedure Act,” of 1981 Act, Uniform Laws Annotated, Vol. 15, p.1 (2000) as amended, as may be appropriate to the operations of the interstate commission.
(c) Not later than thirty (30) days after a rule is promulgated, any person may file a petition for judicial review of the rule; provided, that the filing of such a petition shall not stay or otherwise prevent the rule from becoming effective unless the court finds that the petitioner has a substantial likelihood of success. The court shall give deference to the actions of the interstate commission consistent with applicable law and shall not find the rule to be unlawful if the rule represents a reasonable exercise of the interstate commission authority.
(d) If a majority of the legislatures of the compacting states rejects a rule by enactment of a statute or resolution in the same manner used to adopt the compact, then such rule shall have no further force and effect in any compacting state.
History of Section. P.L. 2010, ch. 100, § 1; P.L. 2010, ch. 106, § 1.
(a) Oversight.
(1) The executive, legislative and judicial branches of state government in each member state shall enforce this compact and shall take all actions necessary and appropriate to effectuate the compact’s purposes and intent. The provisions of this compact and the rules promulgated hereunder shall have standing as statutory law.
(2) All courts shall take judicial notice of the compact and the rules in any judicial or administrative proceeding in a member state pertaining to the subject matter of this compact which may affect the powers, responsibilities or actions of the interstate commission.
(3) The interstate commission shall be entitled to receive all service of process in any such proceeding, and shall have standing to intervene in the proceeding for all purposes. Failure to provide service of process to the interstate commission shall render a judgment or order void as to the interstate commission, this compact or promulgated rules.
(b) Default, technical assistance, suspension and termination. If the interstate commission determines that a member state has defaulted in the performance of its obligations or responsibilities under this compact, or the bylaws or promulgated rules, the interstate commission shall:
(1) Provide written notice to the defaulting state and other member states, of the nature of the default, the means of curing the default and any action taken by the interstate commission. The interstate commission shall specify the conditions by which the defaulting state must cure its default.
(2) Provide remedial training and specific technical assistance regarding the default.
(3) If the defaulting state fails to cure the default, the defaulting state shall be terminated from the compact upon an affirmative vote of a majority of the member states and all rights, privileges and benefits conferred by this compact shall be terminated from the effective date of termination. A cure of the default does not relieve the offending state of obligations or liabilities incurred during the period of the default.
(4) Suspension or termination of membership in the compact shall be imposed only after all other means of securing compliance have been exhausted. Notice of intent to suspend or terminate shall be given by the interstate commission to the governor, the majority and minority leaders of the defaulting state’s legislature, and each of the member states.
(5) The state which has been suspended or terminated is responsible for all assessments, obligations and liabilities incurred through the effective date of suspension or termination including obligations, the performance of which extends beyond the effective date of suspension or termination.
(6) The interstate commission shall not bear any costs relating to any state that has been found to be in default or which has been suspended or terminated from the compact, unless otherwise mutually agreed upon in writing between the interstate commission and the defaulting state.
(7) The defaulting state may appeal the action of the interstate commission by petitioning the U.S. District Court for the District of Columbia or the federal district where the interstate commission has its principal offices. The prevailing party shall be awarded all costs of such litigation including reasonable attorney’s fees.
(c) Dispute Resolution.
(1) The interstate commission shall attempt, upon the request of a member state, to resolve disputes which are subject to the compact and which may arise among member states and between member and non-member states.
(2) The interstate commission shall promulgate a rule providing for both mediation and binding dispute resolution for disputes as appropriate.
(d) Enforcement.
(1) The interstate commission, in the reasonable exercise of its discretion, shall enforce the provisions and rules of this compact.
(2) The interstate commission, may by majority vote of the members, initiate legal action in the United State District Court for the District of Columbia or, at the discretion of the interstate commission, in the federal district where the interstate commission has its principal offices, to enforce compliance with the provisions of the compact, its promulgated rules and bylaws, against a member state in default. The relief sought may include both injunctive relief and damages. In the event judicial enforcement is necessary the prevailing party shall be awarded all costs of such litigation including reasonable attorney’s fees.
(3) The remedies herein shall not be the exclusive remedies of the interstate commission. The interstate commission may avail itself of any other remedies available under state law or the regulation of a profession.
History of Section. P.L. 2010, ch. 100, § 1; P.L. 2010, ch. 106, § 1.
(a) The interstate commission shall pay, or provide for the payment of the reasonable expenses of its establishment, organization and ongoing activities.
(b) The interstate commission may levy on and collect an annual assessment from each member state to cover the cost of the operations and activities of the interstate commission and its staff which must be in a total amount sufficient to cover the interstate commission’s annual budget as approved each year. The aggregate annual assessment amount shall be allocated based upon a formula to be determined by the interstate commission, which shall promulgate a rule binding upon all member states.
(c) The interstate commission shall not incur obligations of any kind prior to securing the funds adequate to meet the same; nor shall the interstate commission pledge the credit of any of the member states, except by and with the authority of the member state.
(d) The interstate commission shall keep accurate accounts of all receipts and disbursements. The receipts and disbursements of the interstate commission shall be subject to the audit and accounting procedures established under its bylaws. However, all receipts and disbursements of funds handled by the interstate commission shall by audited yearly by a certified or licensed public accountant and the report of the audit shall be included in and become part of the annual report of the interstate commission.
History of Section. P.L. 2010, ch. 100, § 1; P.L. 2010, ch. 106, § 1.
(a) Any state is eligible to become a member state.
(b) The compact shall become effective and binding upon legislative enactment of the compact into law by no less than ten (10) of the states. The effective date shall be no earlier than December 1, 2010. Thereafter it shall become effective and binding as to any other member state upon enactment of the compact into law by that state. The governors of non-member states or their designees shall be invited to participate in the activities of the interstate commission on a non-voting basis prior to adoption of the compact by all states.
(c) The interstate commission may propose amendments to the compact for enactment by the member states. No amendment shall become effective and binding upon the interstate commission and the member states unless and until it is enacted into law by unanimous consent of the member states.
History of Section. P.L. 2010, ch. 100, § 1; P.L. 2010, ch. 106, § 1.
(a) Withdrawal.
(1) Once effective, the compact shall continue in force and remain binding upon each and every member state; provided that a member state may withdraw from the compact by specifically repealing the statute, which enacted the compact into law.
(2) Withdrawal from this compact shall be by the enactment of a statute repealing the same, but shall not take effect until one year after the effective date of such statute and until written notice of the withdrawal has been given by the withdrawing state to the governor of each other member jurisdiction.
(3) The withdrawing state shall immediately notify the chairperson of the interstate commission in writing upon the introduction of legislation repealing this compact in the withdrawing state. The interstate commission shall notify the other member states of the withdrawing state’s intent to withdraw within sixty (60) days of its receipt thereof.
(4) The withdrawing state is responsible for all assessments, obligations and liabilities incurred through the effective date of withdrawal, including obligations, the performance of which extend beyond the effective date of withdrawal.
(5) Reinstatement following withdrawal of a member state shall occur upon the withdrawing state reenacting the compact or upon such later date as determined by the interstate commission.
(b) Dissolution of compact.
(1) This compact shall dissolve effective upon the date of the withdrawal or default of the member state which reduces the membership in the compact to one member state.
(2) Upon the dissolution of this compact, the compact becomes null and void and shall be of no further force or effect, and the business and affairs of the interstate commission shall be concluded and surplus funds shall be distributed in accordance with the bylaws.
History of Section. P.L. 2010, ch. 100, § 1; P.L. 2010, ch. 106, § 1.
The general assembly hereby finds and declares that:
(1) On November 4, 1988, the United States government ratified the International Convention on the Prevention and Punishment of the Crime of Genocide (“Genocide Convention”) which was approved by the United Nations General Assembly in 1948. Upon ratification, the United States government recognized that throughout all periods of history, genocide has inflicted great losses on humanity, and was convinced that, in order to liberate mankind from such an odious scourge, international co-operation was required.
(2) The United States government recognizes that genocide still continues, today, in the twenty-first (21st) century. The United States Congress passed House Con. Resolution 467, “Declaring genocide in Darfur, Sudan” on July 22, 2004. On September 9, 2004, the United States Secretary of State, Colin L. Powell, told the United States Senate Foreign Relations Committee that “genocide has occurred and may still be occurring in Darfur.” Additionally, President George W. Bush affirmed the Secretary of State’s finding on September 21, 2004, when he addressed the United Nations General Assembly by saying: “At this hour, the world is witnessing terrible suffering and horrible crimes in the Darfur region of Sudan, crimes my government has concluded are genocide.”
(3) The United States Department of Education says “education is primarily a state and local responsibility in the United States. It is states and communities, as well as public and private organizations of all kinds, that establish schools and colleges and develop curricula .... ”
(4) The state of Rhode Island also has previously demonstrated its concerns and interests regarding raising awareness on the subjects of holocaust and genocide.
(i) In 2000, the Rhode Island general assembly passed house bill no. 7397, “Genocide and Human Rights Education,” requiring the Rhode Island department of education to “develop curricular material on genocide and human rights issues and guidelines for the teaching of that material.”
(ii) In 2007, the Rhode Island general assembly passed house bill No. 5142, requiring the state investment commission to divest its assets from targeted companies in Sudan.
(iii) In 2011, the state of Rhode Island enacted an act entitled “Genocide Education in Secondary Schools” (Chapters 45 and 70 of the Public Laws of 2011) which emphasized a need to adhere to making genocide curriculum materials available including, but not limited to, the Holocaust, Armenia, Cambodia, and Darfur.
(iv) The general assembly has passed a number of resolutions condemning the Holocaust.
(v) The general assembly, on the 100th commemoration of the Armenian mass killings, declared it a genocide. (Resolution No. 198 passed by the house of representatives at its January session A.D. 2015 and approved April 8, 2015, entitled “House Resolution Proclaiming April 24, 2015, as ‘Armenian Genocide Remembrance Day’ to Commemorate the Armenian Genocide of 1915 to 1923 and in Honor of Armenian-Americans” and Resolution No. 217 passed by the senate at its January session A.D. 2015 and approved April 15, 2015, entitled “Senate Resolution Proclaiming April 24, 2015, as ‘Armenian Genocide Remembrance Day’ to Commemorate the Armenian Genocide of 1915 to 1923 and in Honor of Armenian-Americans.”)
(vi) The governor, legislators, and community leaders attended and participated at the Holocaust memorial dedication in 2015 whereby a need was recognized for education on the topic of holocaust and genocide in Rhode Island schools.
(5) The establishment of free public education in the United States is intended to prepare citizens for participation in American social, economic, and political activities.
(6) The state of Rhode Island has also previously demonstrated its concerns for civic education, of which genocide education should be a component. In 2005, the general assembly directed the board of regents for elementary and secondary education to develop and adopt a set of grade level standards in civic education by August 31, 2007.
(7) Given the importance of the issue of genocide to the political affairs of the United States, as well as the responsibility of the state to educate its citizens, it is a fundamental responsibility of the state of Rhode Island to ensure that the critical subject of genocide is included as part of the curriculum in all public schools.
(8) It is the judgment of the Rhode Island general assembly that the board of education in the state shall include instruction on the subjects of holocaust and genocide studies, where appropriate in the curriculum, for all middle and high school students.
History of Section. P.L. 2011, ch. 45, § 1; P.L. 2011, ch. 70, § 1; P.L. 2016, ch. 92, § 2; P.L. 2016, ch. 104, § 2.
For the purpose of this chapter, the following words shall have the following meanings:
(1) “Genocide,” as defined by the Genocide Convention: means any of the following acts committed with intent to destroy, in whole or in part, a national, ethnical, racial, or religious group, such as: (i) Killing members of the group; (ii) Causing serious bodily or mental harm to members of the group; (iii) Deliberately inflicting on the group conditions of life calculated to bring about its physical destruction in whole or in part; (iv) Imposing measures intended to prevent births within the group; and/or (v) Forcibly transferring children of the group to another group.
(2) “Holocaust” means the systematic, bureaucratic, state-sponsored persecution and murder of approximately six million (6,000,000) Jews and five million (5,000,000) other individuals by the Nazi regime and its collaborators.
History of Section. P.L. 2011, ch. 45, § 1; P.L. 2011, ch. 70, § 1; P.L. 2016, ch. 92, § 2; P.L. 2016, ch. 104, § 2.
The state shall adhere to the following procedures:
(1) The department of education shall collect and disseminate to every school district, private school, mayoral academy, and charter school, and make available on its website, curriculum materials and such other materials as may assist local and regional school committees, and governing bodies of any private school, mayoral academy, or charter school, in developing instructional materials on holocaust and genocide awareness and education. The curriculum materials may include information on relevant genocides, including the Holocaust, Armenia, Cambodia, Iraq, Rwanda, and Darfur.
(2) Every school district shall include in its curriculum a unit of instruction on holocaust and genocide, utilizing, but not being limited to, the materials collected and disseminated by the department of education, commencing with the 2017-2018 school year. Nothing herein shall require school districts to require holocaust and genocide instruction in every year of middle school and high school, but that holocaust and genocide education and instruction shall be utilized during appropriate times in the middle school and/or high school curricula, as determined by the local authority. All students should have received instruction on genocide and holocaust awareness materials by the time they have graduated from high school.
History of Section. P.L. 2011, ch. 45, § 1; P.L. 2011, ch. 70, § 1; P.L. 2013, ch. 501, § 89; P.L. 2016, ch. 92, § 2; P.L. 2016, ch. 104, § 2.
This chapter shall be known and may be cited as “The Rhode Island Holocaust and Genocide Education Commission.”
History of Section. P.L. 2021, ch. 274, § 2, effective July 9, 2021; P.L. 2021, ch. 275, § 2, effective July 9, 2021.
As used in this chapter, the following words and terms shall have the following meanings unless the context shall clearly indicate another or different meaning or intent:
(1) “Genocide” means any act committed with intent to destroy, in whole or in substantial part, a national, ethnic, racial, or religious group such as:
(i) Killing members of that group;
(ii) Causing serious bodily injury to members of that group;
(iii) Causing permanent impairment of the mental faculties of members of the group through drugs, torture, or similar techniques;
(iv) Subjecting the group to conditions of life that are intended to cause the physical destruction of the group in whole or in part;
(v) Imposing measures intended to prevent births within the group; or
(vi) Forcibly transferring or attempting to transfer children of the group to another group, as defined by the Genocide Convention Implementation Act of 1987 (18 U.S.C. § 1091).
(2) “Holocaust” means the systematic, bureaucratic, state-sponsored persecution and murder of approximately six million (6,000,000) Jews and five million (5,000,000) other individuals by the Nazi regime and its collaborators.
History of Section. P.L. 2021, ch. 274, § 2, effective July 9, 2021; P.L. 2021, ch. 275, § 2, effective July 9, 2021.
(a) There is hereby created a permanent commission to be known as the Rhode Island Holocaust and genocide education commission to consist of thirteen (13) members: one of whom shall be the Rhode Island commissioner of elementary and secondary education, or designee; one of whom shall be the president of the Rhode Island Superintendent’s Association, or designee; one of whom shall be a member of the Rhode Island Association of School Principals, or designee; one of whom shall be the president of the Rhode Island chapter of the American Federation of Teachers, or designee; one of whom shall be the president of the Rhode Island Chapter of the National Education Association, or designee; one of whom shall be the president of the Rhode Island Association of School Committees, or designee; and seven (7) of whom shall be appointed by the governor to serve a term of three (3) years, at least three (3) of whom shall be involved in Holocaust and genocide education or have a personal connection or experience with the Holocaust or genocide; and at least three (3) of whom shall have expertise in investigating, analyzing, or researching the Holocaust or genocide.
(b) When making appointments, the governor shall ensure that appointees represent diverse communities affected by genocide.
(c) A member of the commission may be removed by the governor for inefficiency, neglect of duty, misconduct, or malfeasance in office, after being given a written statement of the charges and an opportunity to be publicly heard on such charges by the general assembly.
(d) Vacancies in the commission shall be filled in the manner provided under subsection (a) of this section. Any member appointed to fill a vacancy occurring prior to the expiration of the term for which the member’s predecessor was appointed shall hold office for the remainder of that term. Any appointed member shall continue in office subsequent to the expiration of that member’s term until the member’s successor takes office.
History of Section. P.L. 2021, ch. 274, § 2, effective July 9, 2021; P.L. 2021, ch. 275, § 2, effective July 9, 2021.
(a) The commission shall meet at least six (6) times during a calendar year.
(b) At the first meeting, the commission shall elect a chairperson, a vice-chairperson, and other officers from the voting members.
(c) The commission shall adopt bylaws governing the commission.
History of Section. P.L. 2021, ch. 274, § 2, effective July 9, 2021; P.L. 2021, ch. 275, § 2, effective July 9, 2021.
A quorum at the meeting shall consist of seven (7) voting members present.
History of Section. P.L. 2021, ch. 274, § 2, effective July 9, 2021; P.L. 2021, ch. 275, § 2, effective July 9, 2021.
Members of the commission shall serve without compensation, but may be reimbursed for expenses incurred in the performance of their duties.
History of Section. P.L. 2021, ch. 274, § 2, effective July 9, 2021; P.L. 2021, ch. 275, § 2, effective July 9, 2021.
The commission shall:
(1) Gather and disseminate Holocaust and genocide information throughout this state;
(2) Take inventory of current statewide Holocaust and genocide education programs and initiatives, and partner with the department of elementary and secondary education to prepare a comprehensive educational program to fill program and initiative gaps;
(3) Plan and publicize Holocaust and Genocide Remembrance Month activities to be commemorated annually in April of each year, and promote public awareness of issues relating to the Holocaust and genocide education through public education programs;
(4) Advise and educate the governor, general assembly, and state departments and agencies regarding the nature, magnitude, and priorities of Holocaust and genocide education, and develop policies and programs to address those needs;
(5) Seek opportunities to provide resources for schools to effectively teach about the Holocaust and genocide;
(6) Apply for and accept grants and gifts from public and private sources to be administered by the commission or subcontracted to local public or nonprofit agencies that shall use the grants and gifts for the purpose intended;
(7) Review and approve grants that are administered or subcontracted by the commission;
(8)(i) Establish advisory committees for special subjects, as needed, to facilitate and maximize community participation and subject matter expertise in the operation of the commission;
(ii) Advisory committees shall be comprised of members representing community organizations, charitable institutions, elementary and secondary schools, higher education institutions, faith-based organizations, public officials, and other persons as determined by the office;
(9) Establish relationships with local and state governments, federal officials, nonprofit organizations, and the private sector to promote and ensure the highest standards of Holocaust and genocide education;
(10) Endeavor to ensure that Holocaust and genocide survivors, liberators, educators, and others involved in Holocaust and genocide education have access to decision-making bodies in local, state, national, and international departments, agencies, and genocide education and memorial organizations; and
(11) Submit a written annual report of the commission’s activities, accomplishments, and recommendations to the governor, the president of the senate, and the speaker of the house of representatives.
History of Section. P.L. 2021, ch. 274, § 2, effective July 9, 2021; P.L. 2021, ch. 275, § 2, effective July 9, 2021.
This chapter shall be known and may be cited as the “Rhode Island family Engagement Advisory Council Act of 2011.”
History of Section. P.L. 2011, ch. 246, § 1; P.L. 2011, ch. 251, § 1.
The following words and phrases when used in this chapter shall have the following meaning given to them unless the context clearly indicates otherwise:
(1) “Board of regents” means the board of regents for elementary and secondary education.
(2) “Department” means the Rhode Island department of elementary and secondary education.
(3) “Public schools” means all public schools of any city or town in the state. The term also includes all public charter and/or vocational schools.
(4) “School district” means any public school district, school unit, area-vocational-technical school, or charter school that composes a school district; the term also encompasses a single high school or multiple high schools within a school district where applicable.
History of Section. P.L. 2011, ch. 246, § 1; P.L. 2011, ch. 251, § 1.
(a) Research supports a positive correlation between family engagement with a student’s school or school district and the performance of the student, school, and district. Students whose parents are involved in their education have better school attendance, earn higher grades and higher test scores, are subject to fewer disciplinary problems, and have a greater long-term success following graduation from high school.
(b) The benefits of greater family engagement also extend to families and teachers. Parents develop more confidence in the school and in themselves as parents. Teachers experience improved morale and receive more support from families.
(c) It is often difficult to obtain a comprehensive amount of feedback from all stakeholders across the educational spectrum when making educational policy. Well-intentioned education-related initiatives which are introduced or produced without sufficient feedback or input from families/guardians of students involved often produces negative feedback from these families/guardians, which results in potentially effective initiatives being interrupted or abandoned altogether.
(d) The creation of a state-wide family engagement advisory council would help to streamline this process and promote the implementation of strong, positive educational initiatives.
History of Section. P.L. 2011, ch. 246, § 1; P.L. 2011, ch. 251, § 1.
(a) Creation. There is hereby established a state-wide family engagement advisory council. The purpose of the council shall be to serve as an advisory body to the governor, the department of education, the board of regents, and to school districts. The council shall consist of twenty-one (21) members to be appointed by the governor, to be selected as follows: one of whom shall be a member from the Rhode Island Parent information Network; one of whom shall be a member from the Rhode Island State PTA; one of whom shall be a member from the Child Opportunity Zone Network; one of whom shall be a representative from the Rhode Island Department of Health Division of Community, Family Health and Equity; one of whom shall be a representative from an agency or association with experience and expertise in family engagement; four (4) of whom shall be current educators from within Rhode Island school districts, which shall include a district level administrator, a principal, a teacher, and a school committee member; one of whom shall be a representative from the department of education; and eleven (11) of whom shall be parents and/or guardians of children currently enrolled in a Rhode Island public school. School districts, agencies, and associations with expertise in family engagement shall be solicited for proposed nominations and recommendations for the parent/guardian members.
(b) Terms. All the members shall serve for a term of three (3) years and/or until their successors are appointed and qualified. A member shall be eligible to succeed himself or herself. A vacancy other than by expiration shall be filled in the same manner as an original appointment but only for the unexpired portion of the term.
(c) Officers. The officers of the council shall be a chairperson, who shall be a representative of the family/guardian members, and vice chairperson and a secretary, who shall be elected from the membership. Officers shall be elected annually by a majority vote of the council members; a majority of the appointed members shall constitute a quorum; the council is authorized to obtain or to contract for any services that may be necessary to enable it to carry out its duties. A majority vote of those present shall be required for action.
(d) Expenses of members. The members of the council shall serve without compensation. (e) Gifts, grants, or donations. The council is authorized to receive any gifts, grants, or donations made for any of the purposes of its program, and to disburse and administer the gifts, grants, or donations in accordance with the terms of it.
History of Section. P.L. 2011, ch. 246, § 1; P.L. 2011, ch. 251, § 1.
(a) The duties of the family engagement advisory council shall include the following:
(1) The council shall research and generate a series of recommendations on how to develop family engagement policies and practices that meet the following principles and standards for family-school partnerships:
(i) Welcome all families to be active participants in the life of the school, so that they feel valued, connected to each other, to school staff, and to what students are learning in class;
(ii) Communicate effectively by ensuring regular two-way, meaningful communication between family members and local educational agency and school staff in a manner, language, and mode of technology that family members can understand and access;
(iii) Support student success by fostering continuous collaboration between family members and local educational agency and school staff to support student learning and healthy development at school and at home;
(iv) Speak up for every child and empower family members to be advocates for all students within the school;
(v) Share power and assure that family members, local educational agencies, and school staff are equal partners in family engagement decision making;
(vi) Collaborate with community and partner with community organizations and groups to turn the school into a hub of community life;
(vii) Create a continuum of family engagement in student learning and development from cradle to career;
(viii) Train and support superintendents, principals, and teachers to fully engage families in the education of their children;
(ix) Participate in evaluating the effectiveness of family engagement strategies and policies; and
(x) Participate in developing recommendations for creating a positive school climate and safe and healthy schools.
All such recommendations shall be forwarded to the board of regents, governor’s office, department of education, and local school districts.
(2) Provide assistance and advice to the board of regents, governor’s office, department of education, and local school districts on family engagement in Rhode Island public schools and the impact on student achievement, communication, partnerships with community and other groups, and school family engagement practices and strategies.
(3) To identify best practices in family engagement in Rhode Island public schools as well as in other states, and to develop recommendations on how to incorporate, implement, or adopt such practices in Rhode Island public schools.
(4) Make recommendations to the board of regents, governor’s office, department of education, and local school districts, on state resources and materials which could promote and improve family engagement in Rhode Island public schools.
(b) The council shall submit an annual report to the board of regents, the governor, the department of education, and local school districts summarizing the council’s activities during the year.
History of Section. P.L. 2011, ch. 246, § 1; P.L. 2011, ch. 251, § 1.
This chapter shall be known and may be cited as “The Recovery High Schools Act.”
History of Section. P.L. 2011, ch. 331, § 1; P.L. 2011, ch. 388, § 1.
As used in this chapter, the following words shall have the following meaning unless the context clearly indicates otherwise:
(1) “Recovery High School” means a public school or a special education program licensed by RIDE that: (i) Serves students diagnosed with substance use disorder or dependency, as defined by the diagnostic and statistical manual of mental disorders IV-TR; and (ii) Provides both comprehensive four (4) year high school education and a structured plan of recovery.
(2) “Board of regents” means the Rhode Island board of regents for elementary and secondary education.
(3) “Commissioner” means the Rhode Island commissioner of elementary and secondary education.
(4) “RIDE” means the Rhode Island department of elementary and secondary education.
(5) “Sending school district” means the district where the student attending or planning to attend a recovery high school resides, and that, upon recommendation of a clinician licensed pursuant to chapter 42-35, refers the student for enrollment.
History of Section. P.L. 2011, ch. 331, § 1; P.L. 2011, ch. 388, § 1.
(a) The commissioner is hereby authorized to create a pilot recovery high school for the purposes of demonstrating the effectiveness of this model in Rhode Island. Any currently licensed entities eligible to establish a recovery high school, as defined in subdivision 16-93-2(1), may submit a proposal to operate a pilot recovery high school to the commissioner no later than December 1st of the school year before the school year in which the recovery high school is to begin operation. The approval of the board of regents shall be required in order for the recovery high school to begin operation.
(b) By approval of the proposal upon the recommendation of the commissioner, the board of regents will be deemed to have authorized all necessary variances from regulations enumerated in the proposal.
(c) After two (2) years of operation, the pilot recovery high school will be required to submit an analysis demonstrating the educational outcomes, including, but not limited to, graduation rates, retention rates, course performance, and performance on the state assessment attained through the pilot to the commissioner.
History of Section. P.L. 2011, ch. 331, § 1; P.L. 2011, ch. 388, § 1.
(a) Any school district in Rhode Island that may have a student, or students, who are currently or were last enrolled in said district and who are diagnosed with substance use disorder or dependency, as defined by the Diagnostic and Statistical Manual of Mental Disorders IV-TR, may be referred to a Rhode Island recovery high school by a clinician licensed pursuant to chapter 69 of title 5 for voluntary enrollment in such school. If said student is admitted to said school, the sending school district shall ensure that payment, pursuant to subsection (b) for students who attend the recovery high school, is paid, and further, that upon completion of all other graduation requirements, said student or students shall receive a diploma.
(b) A sending school district shall transfer the per-pupil core-instructional amount, pursuant to chapter 7.2 of title 16 (“The Education Equity and Property Tax Relief Act”) to a recovery high school for any student attending the recovery high school and meeting the following criteria: (1) The student is currently enrolled in the district or currently resides in the municipality in which the district is located; (2) The student is considered by a clinician, licensed pursuant to chapter 69 of title 5, to be clinically appropriate, using the criteria for substance use disorders as defined in the Diagnostic and Statistical Manual of Mental Disorders IV-TR; and (3) The student meets all matriculation criteria as outlined by the sending district and the department of elementary and secondary education, with determination of academic eligibility based on existing documentation provided by the district. The district and the recovery high school shall arrange to confer a diploma when a student completes state- and district-mandated graduation requirements.
(c) The state shall appropriate no less than five hundred thousand dollars ($500,000) for the administration and programmatic costs of each recovery high school.
(d) A recovery high school shall submit to the council on elementary and secondary education academic data considered necessary by the council to provide information regarding each student’s academic performance, subject to applicable health confidentiality laws and regulations.
(e) The council on elementary and secondary education, in consultation with the department of behavioral healthcare, developmental disabilities and hospitals shall promulgate rules and regulations as necessary to implement and carry out the intent of this chapter.
History of Section. P.L. 2011, ch. 331, § 1; P.L. 2011, ch. 388, § 1; P.L. 2016, ch. 142, art. 11, § 8; P.L. 2017, ch. 302, art. 12, § 2.
This act shall be known and may be cited as “The College and Career Success For All Students Act.”
History of Section. P.L. 2012, ch. 320, § 1; P.L. 2012, ch. 350, § 1.
The purpose of this chapter shall be to ensure that each Rhode Island student has a sufficient education for success after high school and that all students have equal access to a substantive and rigorous curriculum that is designed to challenge their minds, enhance their knowledge and skills, and prepare them for success in college and work.
History of Section. P.L. 2012, ch. 320, § 1; P.L. 2012, ch. 350, § 1.
As used in this chapter:
(1) “Advanced Placement course” means a course sponsored by the college board and offered for college credit at the high school level.
(2) “Advanced Placement teacher” means a teacher of an advanced placement course.
(3) “Pre-Advanced Placement” means set professional development resources and services that equip all middle and high school teachers with the strategies and tools they need to engage their students in active, high-level learning, thereby ensuring that every middle and high school student develops the skills, habits of mind, and concepts they need to succeed in advanced placement courses.
(4) “Board of regents” means the board of regents for elementary and secondary education.
(5) “FAFSA” means the Free Application for Federal Student Aid form that allows eligible students the opportunity to obtain federal financial aid through the U.S. Department of Education to assist with the cost of postsecondary education.
(6) “Rhode Island alternative financial aid application” means the form that allows eligible students who are not permitted to fill out the FAFSA an opportunity to apply for state financial aid, regardless of their immigration status, to assist with the cost of postsecondary education.
(7) “Vertical team” means a group of teachers and educators from different grade levels in a given discipline who work cooperatively to develop and implement a vertically aligned program aimed at helping students from diverse backgrounds acquire the academic skills necessary for success in advanced placement courses and other challenging courses.
History of Section. P.L. 2012, ch. 320, § 1; P.L. 2012, ch. 350, § 1; P.L. 2022, ch. 297, § 1, effective June 29, 2022; P.L. 2022, ch. 298, § 1, effective June 29, 2022.
(a) Subject to appropriation, the state board of governors for higher education and the state board of regents for elementary and secondary education will work jointly to establish clear, specific, and challenging training guidelines that require teachers of advanced placement courses to obtain recognized advanced placement training endorsed by the college board.
(b) Advanced placement and pre-advanced placement training to teachers in Rhode Island high schools must do all of the following:
(1) Provide teachers of advanced placement and teachers in courses that lead to advanced placement with the necessary content knowledge and instructional skills to prepare students for success in advanced placement courses and examinations and other advanced course examinations and mastery of postsecondary course content.
(2) Provide administrators, including principals and counselors, with professional development that will be enable them to create strong and effective advanced placement programs in their schools.
(3) Provide middle grade, junior high, and high school teachers with advanced placement vertical team training and other pre-advanced placement professional development that prepares students for success in advanced placement courses.
(4) Support the implementation of an instructional program for students in grades 6 through 12 that provides an integrated set of instructional materials, diagnostic assessments, and teacher professional development in reading, writing, and mathematics that prepares all students for enrollment and success in advanced placement courses and in college.
History of Section. P.L. 2012, ch. 320, § 1; P.L. 2012, ch. 350, § 1.
(a) In order to fulfill the purposes of this act, the state board of regents shall encourage school districts to offer rigorous courses in grades 6 through 11 that prepare students for the demands of advanced placement course work. The state board of regents shall also encourage school districts to make it a goal that all 10th graders take the Preliminary Scholastic Aptitude Test/National Merit Scholars Qualifying Test (PSAT/NMSQT) so that test results will provide each high school with a database of student assessment data that guidance counselors and teachers will be able to use to identify students who are prepared or who need additional work to be prepared to enroll and be successful in advanced placement courses, using a research-based advanced placement identification program provided by the college board.
(b) The state board of regents shall do all of the following:
(1) Seek federal funding through the advanced placement incentive program and the Math-Science partnership program and use it to support advanced placement and pre-advanced placement teacher professional development and to support the implementation of an integrated instructional program for students in grades 6 through 12 in reading, writing, and mathematics that prepares all students for enrollment and success in advanced placement courses and in college.
(2) Focus state and federal funding with the intent to carry-out activities that target school districts serving high concentrations of low-income students.
(3) Subject to appropriation, provide a plan of communication that includes, without limitation, disseminating to parents materials that emphasize the importance of advanced placement or other advanced courses to a student’s ability to gain access to, and to succeed in, postsecondary education and materials that emphasize the importance of the Preliminary Scholastic Aptitude Test/National Merit Scholars Qualifying Test (PSAT/NMSQT), which provides diagnostic feedback on skills and relates students’ scores to the probability of success in advanced placement courses and examinations, and disseminating this information to students, teachers, counselors, administrators, school districts, public community colleges, and state universities.
(4) Subject to appropriation, annually evaluate the impact of this act on rates of student enrollment and success in advanced placement courses, on high school graduation rates, and on college enrollment retention and completion rates.
History of Section. P.L. 2012, ch. 320, § 1; P.L. 2012, ch. 350, § 1.
(a) On and after July 1, 2023, the guidance department of every public or private high school in the state shall ensure that notices (the “notice”) are provided to students and their parent, guardian, or responsible adult, regarding the merit and benefits of completing and filing the FAFSA form (the “FAFSA”) and the Rhode Island alternative financial aid application form (the “alternative application”). This notice shall be provided in either the student’s junior year or no later than November 1 of the student’s senior year. The guidance department shall determine the form for providing the notice that shall best ensure the information is communicated both to the student and to the student’s parent, guardian, or responsible adult.
(b) The form of the notice may include, but shall not limited to, a written paper or hard copy writing or an electronic copy. The notice may be provided in multiple formats. A hard copy of the notice shall be kept in the student’s file.
(c) The notice shall include, but not be limited to, the following:
(1) A general explanation of what the FAFSA and the alternative application are;
(2) The potential merit to and benefits of completing and submitting a FAFSA or alternative application, including, but not limited to, the awarding of financial aid, income or need-based aid, merit and other scholarship money, the Promise Scholarship, and Pell Grants, to pursue postsecondary education;
(3) A general discussion on what financial aid is and the many forms it can take;
(4) General instructions on how to complete each form; and
(5) Links to the applicable websites shall also be included.
(d) The notice may include referrals to organizations, websites, and other resources to provide more detailed instructions on the completion of the forms.
History of Section. P.L. 2022, ch. 297, § 2, effective June 29, 2022; P.L. 2022, ch. 298, § 2, effective June 29, 2022.
(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) 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 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 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.
History of Section. P.L. 2012, ch. 241, art. 4, § 3; P.L. 2014, ch. 145, art. 20, § 8; P.L. 2014, ch. 369, § 1; P.L. 2014, ch. 381, § 1; P.L. 2019, ch. 88, art. 9, § 8; P.L. 2023, ch. 373, § 2, effective June 27, 2023; P.L. 2023, ch. 374, § 2, effective June 27, 2023.
The Rhode Island Board of Education shall be responsible for long-range planning and for coordinating and evaluating policies and programs for the public educational systems of the state. The general assembly finds and declares that the board of education shall have the following purposes:
(a) To develop and adopt educational, financial and operational goals for the education systems of the state that represent achievable benchmarks for a ten-year (10) and twenty-year (20) time frame and that can be implemented by the council on elementary and secondary education, the council on postsecondary education, and the commissioners for elementary and secondary education and postsecondary education;
(b) To ensure that the education systems of the state are aligned with the projected opportunities in workforce development and economic development and that the education systems are preparing students to participate in the future workforce of Rhode Island;
(c) To coordinate programs and courses of study and promote collaboration between and among pre-kindergarten through higher education institutions and agencies, including, but not limited to:
(1) Improving career and college readiness;
(2) Reducing the need for remedial instruction;
(3) Implementing and coordinating common core and other system wide standards;
(4) Ensuring a quality system for adult education and certification programs in secondary school and college.
(d) To present strategic budget and finance recommendations to the council on elementary and secondary education and council on postsecondary education that are aligned with the long-range goals adopted by the board.
History of Section. P.L. 2014, ch. 145, art. 20, § 9.
The board of education shall have the following powers and duties:
(a) To develop and adopt a strategic plan defining broad goals and objectives for education in the state. These goals and objectives shall be expressed in terms of the future educational attainment of the population, quality of life and economy of Rhode Island, including but not limited to what children, men and women should know and be able to do as a result of their educational experience and the contributions of education to meeting the workforce and economic development needs of Rhode Island. The board shall approve the strategic plans for elementary and secondary education and postsecondary education in terms of the alignment of these strategic plans with the overall strategic plan of the board of education. The board shall continuously evaluate the efforts of the council on elementary and secondary education and the council on postsecondary education to implement the strategic plans and shall review the results of education in the light of these objectives;
(b) To prepare and maintain a five (5) year strategic funding plan for all levels of education in Rhode Island. The board shall determine priorities of expenditures for public education purposes of state revenues and other public resources made available for the support of public education and direct the council on elementary and secondary education and the council on postsecondary education to implement those priorities when developing the annual budget for elementary and secondary education and higher education. The councils shall present their annual budgets to the board for its review and approval. Nothing contained in this subdivision shall authorize the board to alter the allocation of grants or aid otherwise provided by law;
(c) To develop and submit to the general assembly for approval a performance funding formula for public higher education that furthers the purposes of the board and ensures that all students may achieve educational excellence;
(d) To develop policies that maximize the potential of collaboration from elementary and secondary education through higher education systems and that improve efficiencies at all levels of the education system through improved coordination of activities;
(e) To embrace the legislative findings regarding virtual education established by § 16-22.1-2 and adopt goals and policies that address these findings and to encourage the council on elementary and secondary education and the council for postsecondary education to develop and or improve virtual learning experiences for Rhode Island students;
(f) To approve the appointment of a commissioner of elementary and secondary education.
(g) To approve the appointment of a commissioner of postsecondary education.
(h) To conduct a training course for newly appointed and qualified board members within six (6) months of their qualification. The course shall be developed by the chairperson of the board, approved by the board, and conducted by the chairperson of the board. The board may approve the use of any board or staff members or other individuals to assist with training. The training course shall include instruction in the following areas: the provisions of chapter 46 of title 42, chapter 14 of title 36, and chapter 2 of title 38; and the board’s own rules.
History of Section. P.L. 2014, ch. 145, art. 20, § 9.
[Repealed]
History of Section. P.L. 2012, ch. 241, art. 4, § 3; Repealed by P.L. 2014, ch. 145, art. 20, § 10, effective June 19, 2014.
[Repealed]
History of Section. P.L. 2012, ch. 241, art. 4, § 3; Repealed by P.L. 2014, ch. 145, art. 20, § 10, effective June 19, 2014.
Effective January 1, 2013, the term “Rhode Island Board of Education” shall be used in lieu of any then existing law reference made to the board of regents for elementary and secondary education and/or the board of governors for higher education.
History of Section. P.L. 2012, ch. 241, art. 4, § 3.
The board of governors for higher education established in chapter 16-59 and the board of regents for elementary and secondary education established in chapter 16-60 shall cease to exist as of January 1, 2013.
History of Section. P.L. 2012, ch. 241, art. 4, § 3.
The board shall submit an annual report to the governor, speaker of the house, senate president, chairs of the house and senate finance committees and their respective fiscal advisors, the chair of the house health, education and welfare committee, and chair of the senate education committee no later than March 1, 2015, and every March 1 thereafter.
History of Section. P.L. 2012, ch. 241, art. 4, § 3; P.L. 2014, ch. 145, art. 20, § 8; P.L. 2014, ch. 369, § 1; P.L. 2014, ch. 381, § 1.
Notwithstanding any other provision of law, no employee of the state board of education, or the board of trustees for the university of Rhode Island, his or her spouse, domestic partner or dependent, shall receive a tuition waiver as a result of employment status with the state board of education, or the board of trustees for the university of Rhode Island without first consenting to the public disclosure of the existence and amount of the waiver. This section shall apply to any tuition waivers, including, but not limited to, any such waiver at the community college of Rhode Island, Rhode Island college, and/or the university of Rhode Island.
History of Section. P.L. 2013, ch. 295, § 1; P.L. 2013, ch. 380, § 1; P.L. 2019, ch. 88, art. 9, § 8.
(a) The commissioner of elementary and secondary education shall implement the state assessment program. The program shall include performance standards and an annual report that disaggregates performance by race, poverty, native language, and gender.
(b) Prior to the graduating class of 2017, no state assessment conducted pursuant to this chapter, and no other standardized testing program or assessment, shall be used to determine a student’s eligibility to graduate from high school. Any such assessments implemented prior to the graduating class of 2017 shall be used to promote school improvement and to target remediation programs to individual students and groups of students.
History of Section. P.L. 2014, ch. 336, § 3; P.L. 2014, ch. 337, § 3.
(a) The board of education, in conjunction with the commissioner of elementary and secondary education and the commissioner of postsecondary education, shall undertake a comprehensive study of the alignment of the core curriculum used by the various school districts throughout the state with the goals and objectives of the state’s colleges and universities:
(1) The main objective of the study shall be to determine a unified approach for education within and across the state that encompasses the education and development of workforce skills, of our youth and adult learners, from kindergarten through the graduation of college or the entrance into the workforce;
(2) The study shall include, at a minimum, recommended policy objectives, implementation strategies, and a timetable for the implementation of the policies and the formulation of the rules and regulations necessary to achieve a unified approach and curriculum for schools under the authority of the council and in furtherance of the objectives of the state colleges and universities.
(b) The board shall report its findings to the speaker of the house of representatives and the president of the senate no later than July 1, 2017.
(c) The board of education shall base its timetable for implementation of the unified approach to education on the time necessary to promulgate rules and regulations with respect to the following policies:
(1) Instituting a process for drawing up curriculum frameworks for the core subjects covered by the academic standards adopted by the board (common core state standards):
(i) The curriculum frameworks shall:
(A) Present approaches and strategies for assisting students in the development of the skills, competencies, and knowledge called for by these standards; and
(B) Provide sufficient detail as to provide objective measures and standards to be met by students and to assist in the education, professional development, certification, and evaluation of both active and aspiring teachers;
(ii) The establishment of curriculum frameworks, and any further revisions, shall be open and consultative and take into consideration:
(A) The knowledge and experiences of classroom teachers, school administrators, faculty of schools of education, parents, and any other persons with the knowledge and experience who may assist the committee in the furtherance of its objectives;
(B) Other accepted curriculum frameworks, model curricula, content standards, attainment targets, courses of study, and instruction materials currently being used, or in the process of being implemented, in the United States;
(C) Approaches being taken internationally that may be of assistance; and
(D) The exploration of collaborative development efforts with other projects, including, but not limited to, the national New Standards Project;
(iii) The curriculum frameworks shall be constructed to guide and assist teachers, administrators, publishers, software developers, and other interested parties in the development and selection of curricula, textbooks, technology, and other instructional materials, and in the design of pedagogical approaches and techniques for elementary, secondary, and vocational-technical schools.
(2) Develop a school-based management model that shall be submitted to the general assembly and the governor for consideration. The management model, at a minimum, shall include:
(i) A process where the superintendent of a school system hires the principals for their schools and the principal of the selected school hires his or her teachers;
(ii) An appropriate level of educational opportunities for teachers and administrators to learn and continue to develop the skills and leadership qualities necessary to become effective administrators and principals;
(iii) The creation of a school council to assist in the management and to provide support to each public elementary, secondary, and independent vocational school utilizing the school-based management model; and
(iv) A recommended transition plan that provides guidance and support to local districts in implementing the school-based management model.
(3) Establish a professional development plan for educational professionals within the k-12 system based upon the successful implementation of similar programs by other school systems/departments throughout the country and the most efficient way to implement similar practices in the state. In addition to continued professional development, any program offered by the board of education shall offer opportunities that encourage the development of leadership skills and the professional advancement of teachers to administrative positions.
(4) Ensure that all students, regardless of residence or economic status, are provided an opportunity to succeed; and to develop, based on best practices, the system and processes necessary to support the early intervention and long-term development of children from low-income families to maintain learning skills and school success and improve their ability to compete in their chosen endeavor after exiting the secondary school system.
History of Section. P.L. 2016, ch. 507, § 1.
The board of education and council on elementary and secondary education shall adopt a state goal of closing the achievement gaps in third-grade reading and third-grade math for all groups and subgroups of student population by fifty percent (50%) by school year 2020 and closure in its entirety by 2025. The board of education shall direct the council on postsecondary education, in conjunction with the Community College of Rhode Island, Rhode Island College and the University of Rhode Island, to develop strategies to increase the recruitment of minority teacher-preparation students in an effort to increase diversity in the teaching profession. The board of education, in conjunction with the department of elementary and secondary education and the office of the postsecondary commissioner, shall develop a plan and shall set state goals to close all achievement and opportunity gaps across the PK — 20 public system of education.
History of Section. P.L. 2016, ch. 523, § 1.
(a) The board of education and council on elementary and secondary education shall require all school districts and local education agencies to report on a standardized form each fiscal year, relating to any and all of the American Rescue Plan, elementary and secondary school emergency relief, and state and local recovery funds, the following information:
(1) Amounts received;
(2) Amounts allocated with project/program description;
(3) Amounts spent on hiring staff;
(4) Job titles hired or retained with aforesaid funds;
(5) Premium pay amount issued to employees and type of employees compensated;
(6) Total amount of funds not spent and remaining, if any; and
(7) Copies of all progress reports submitted to federal government agencies concerning the use of “ESSER III” proceeds.
(b) Said reports shall be published on the department of education’s website for public inspection and review.
History of Section. P.L. 2023, ch. 345, § 1, effective July 1, 2023; P.L. 2023, ch. 347, § 1, effective July 1, 2023.
(a) The board of education (the “board”) shall adopt a system for evaluating, on an annual basis, the performance of both local education agencies (“LEAs”) and individual public schools. The system shall:
(1) Include instruments designed to assess the extent to which schools and LEAs succeed in improving or fail to improve student performance, as defined by:
(i) Student acquisition of the skills, competencies, and knowledge called for by the academic standards and embodied in the curriculum frameworks established in the areas of mathematics, English language arts, science and technology, history and social studies, world languages, and the arts; and
(ii) Other gauges of student learning judged by the board to be relevant and meaningful to students, parents, teachers, administrators, and taxpayers.
(2) Be designed both to measure outcomes and results regarding student performance, and to improve the effectiveness of curriculum and instruction.
(3) In its design and application, strike a balance among considerations of accuracy, fairness, expense, and administration.
(4) Employ a variety of assessment instruments on either a comprehensive or statistically valid sampling basis. Such instruments shall:
(i) Be criterion-referenced, assessing whether students are meeting the academic standards described in this chapter;
(ii) As much as is practicable, especially in the case of students whose performance is difficult to assess using conventional methods, include consideration of work samples, projects, and portfolios, and shall facilitate authentic and direct gauges of student performance;
(iii) Provide the means to compare student performance among the various school systems and communities in the state, and between students in other states and in other nations, especially those nations that compete with the state for employment and economic opportunities;
(iv) Be designed to avoid gender, cultural, ethnic, or racial stereotypes; and
(v) Recognize sensitivity to different learning styles and impediments to learning, which may include issues related, but not limited, to cultural, financial, emotional, health, and social factors.
(5) Take into account, on a nondiscriminatory basis, the cultural and language diversity of students in the state and the particular circumstances of students with special needs.
(6) Comply with federal requirements for accommodating children with special needs.
(7) Allow all potential English-proficient students from language groups in which English language learner programs are offered opportunities for assessment of their performance in the language that best allows them to demonstrate educational achievement and mastery of academic standards and curriculum frameworks.
(8) Identify individual schools and LEAs that need comprehensive support and improvement.
(b) The board shall take all appropriate action to bring about and continue the state’s participation in the assessment activities of the National Assessment of Educational Progress and in the development of standards and assessments by the New Standards Program.
(c) In addition, comprehensive diagnostic assessment of individual students shall be conducted at least in the fourth, eighth, and tenth or eleventh grades. The diagnostic assessments shall identify academic achievement levels of all students in order to inform teachers, parents, administrators, and the students themselves, as to individual academic performance.
(d) The board shall develop procedures for updating, improving, or refining the assessment system.
(e) The commissioner of elementary and secondary education (the “commissioner”) is authorized and directed to gather information, including the information specified herein and such other information as the board shall require, for the purposes of evaluating individual public schools, school districts, and the efficacy and equity of state and federally mandated programs. All information gathered pursuant to this section shall be filed in the manner and form prescribed by the department of education (the “department”).
(f) The board shall establish and maintain a data system to collect information from school districts for the purpose of assessing the effectiveness of district evaluation systems in ensuring effective teaching and administrative leadership in the public schools. The information shall be made available in the aggregate to the public; provided, however, that the following information shall be considered personnel information and shall not be subject to disclosure:
(1) Any data or information that school districts, the department, or both, create, send, or receive in connection with an educator assessment that is evaluative in nature and that may be linked to an individual educator, including information concerning:
(i) An educator’s formative assessment or evaluation;
(ii) An educator’s summative evaluation or performance rating; or
(iii) The student learning, growth, and achievement data that may be used as part of an individual educator’s evaluation.
(g) Each school district shall maintain individual records on every student and employee. Each student record shall contain a unique and confidential identification number, basic demographic information, program and course information, and such other information as the department shall determine necessary. The records shall conform to parameters established by the department.
(h) For the purposes of improving the performance of school districts, individual public schools, and the efficacy and equity of state and federal programs, each district shall file with the commissioner once in each three-year (3) period a comprehensive, three-year (3) district improvement plan. The plan shall:
(1) Be developed and submitted in a manner and form prescribed by the department of education.
(2) To the extent feasible, be designed to fulfill all planning requirements of state and federal education laws.
(3) Include, but not be limited to:
(i) An analysis of student and subgroup achievement gaps in core subjects;
(ii) Identification of specific improvement objectives;
(iii) A description of the strategic initiatives the district will undertake to achieve its improvement objectives; and
(iv) Performance benchmarks and processes for evaluating the effect of district improvement initiatives.
(4) Describe the professional development activities that will support each district improvement initiative and the teacher induction and mentoring activities that will be undertaken to support successful implementation of the district’s improvement efforts.
(i) On an annual basis, not later than September 1 of each year, each district shall prepare and have available for state review an annual action plan. The district annual action plan shall:
(1) Enumerate the specific activities, persons responsible, and timelines for action to be taken as part of the strategic initiatives set forth in the district’s three-year (3) improvement plan; and
(2) Identify the staff and financial resources allocated to support these activities.
(j) Annually, the principal of each school shall:
(1) In consultation with the school improvement team, adopt student performance goals for the schools consistent with the school performance goals established by the department of education pursuant to state and federal law and regulations;
(2) Consistent with any educational policies established for the district, assess the needs of the school in light of those goals;
(3) Formulate a school plan to advance such goals and improve student performance. The school’s plan to support improved student performance shall:
(i) Include, but not be limited to, the same components required for the district improvement plan;
(ii) Conform to department and district specifications to ensure that such school improvement plans meet state and federal law requirements; and
(iii) Be submitted to the superintendent who shall review and approve the plan, after consultation with the school committee, not later than July 1 of the year in which the plan is to be implemented, according to a plan development and review schedule established by the district superintendent; and
(4)(i) Prepare and have available for district and state review by July 1 annually, a report, based on SurveyWorks or other data collection, that shall provide aggregated graduating student data on race, ethnicity, and gender for the following:
(A) The total number of students graduating;
(B) The total number of students graduating who are applying for admission to a college, university, or vocational training program;
(C) The total number of students completing a free application for federal student aid (“FAFSA”) form; and
(D) The total number of students who are eligible to fill out and submit a FAFSA form.
(ii) The department shall include, in SurveyWorks or an equivalent data collection tool, inquiries to collect the data and information referenced in subsection (j)(4)(i) of this section.
(k) The three-year (3) comprehensive district plan, annual district action plan, and annual school improvement plan shall replace any district and school plans previously required under the general laws or regulation, that, in the professional opinion of the commissioner, would be most effectively presented as part of the coordinated district or school plan for improving student achievement. The department shall identify any additional reports or plans called for by any general law or regulation that can be incorporated into this single filing in order to reduce paperwork and eliminate duplication.
( l ) Each school district in which more than twenty percent (20%) of the students do not meet grade-level expectations of at least proficient or its equivalent on the Rhode Island comprehensive assessment system exam (“RICAS”) shall submit a RICAS success plan to the department. The plan shall describe the school district’s strategies for helping each student to master the skills, competencies, and knowledge required for the competency determination. In recognition of the department’s mission as a district support agency, then at the request of the district or in response to reporting data provided under this subsection, the department shall:
(1) Determine the elements that shall be required to be included in such plan. These elements may include, but are not limited to, the following:
(i) A plan to assess each student’s strengths, weaknesses, and needs;
(ii) A plan to use summer school, after school, and other additional support to provide each child with the assistance needed; and
(iii) A plan for involving the parents of students.
(2) Examine each district’s plan and determine if it has a reasonable prospect of significantly reducing the school district’s failure rates.
(3) Coordinate oversight of the RICAS success plans with existing education review and oversight functions and with the RICAS grant program.
(m) Each school district shall file a report with the department every year by a date and in a format determined by the board. The report shall include, but not be limited to, the following:
(1) An outline of the curriculum and graduation requirements of the district;
(2) Pupil/teacher ratios and class size policy and practice;
(3) Teacher and administrator evaluation procedures;
(4) Statistics, policies, and procedures relative to truancy and dropouts;
(5) Statistics, policies, and procedures relative to expulsions and in-school and out-of-school suspensions;
(6) Percent of school-age children attending public schools:
(7) Racial composition of teaching and administrative staff;
(8) Enrollment and average daily attendance; and
(9) The annual budgets and expenditures for both the district and the individual schools in the district.
(n) Each school district shall file a description of the following instructional procedures and programs with the department every year:
(1) Art and music programs;
(2) Technology education;
(3) Programs for gifted and talented students;
(4) Adult education programs;
(5) Library and media facilities;
(6) Condition of instructional materials, including textbooks, workbooks, audio-visual materials, and laboratory materials;
(7) Types and condition of computers and computer software;
(8) Basic skills remediation programs;
(9) Drug, tobacco, and alcohol abuse programs;
(10) Multi-cultural education training for students and teachers;
(11) Global education; and
(12) Nutrition and wellness programs.
(o) Each school district and charter school shall file an annual report for the current school year regarding implementation with the department on or before every November 1 in a format determined by the board. The report shall include, but not be limited to, the following:
(1) The number of children receiving services within each disability category;
(2) The number of children, by grade level, within each disability category and the costs of services provided by each such category for such children receiving their education in a publicly operated day school program;
(3) The number of children, by grade level, within each disability category and the costs of services provided by each category for these children receiving their education in a private day setting;
(4) The number of children, by grade level, within each such disability category and the costs of services provided by each such category for such children receiving their education in a private residential setting;
(5) The number of children who remain in the regular education program full-time; the number of children who are removed from the regular classroom for up to twenty-five percent (25%) of the day; the number of children who are removed from the regular classroom between twenty-five percent (25%) and sixty percent (60%) of the day;
(6) The number of children who are placed in substantially separate classrooms on a regular education school site;
(7) The number of children, ages three (3) and four (4) who are educated in integrated and separate classrooms; and the assignment, by sex, national origin, economic status, and race, of children by age level, to special education classes and the distribution of children residing in the district, by sex, national origin, economic status, and race of children by age level; and
(8) The number of children, by grade level, receiving special education services who have limited English proficiency.
(p) Each school district and charter school shall furnish in a timely manner such additional information as the department shall request.
(q) Each school district required to provide an English language learners program shall file the following information with the department annually:
(1) The type of English language learners programs provided;
(2) With regard to limited English proficient students:
(i) The number enrolled in each type of English language learners program;
(ii) The number enrolled in English as a second language who are not enrolled in another English language learners program;
(iii) The results of basic skills, curriculum assessment, achievement, and language proficiency testing, whether administered in English or in the native language;
(iv) The absentee, suspension, expulsion, dropout, and promotion rates; and
(v) The number of years each limited English proficient student has been enrolled in an English language learners program;
(3) The number of students each year who have enrolled in institutions of higher education and were formerly enrolled in an English language learners program;
(4) The academic progress in regular education of students who have completed an English language learners program;
(5) For each limited English proficient student receiving special education, the number of years in the school district prior to special education evaluation and the movement in special education programs by program placement;
(6) The number of limited English proficient students enrolled in programs of occupational or vocational education;
(7) The name, national origin, native language, certificates held, language proficiency, grade levels, and subjects taught by each teacher of an English language learners program, bilingual aides or paraprofessionals, bilingual guidance or adjustment counselors, and bilingual school psychologists;
(8) The per-pupil expenditures for each full-time equivalent student enrolled in an English language learners program;
(9) The sources and amounts of all funds expended on students enrolled in English language learners programs, broken down by local, state, and federal sources, and whether any such funds expended supplanted, rather than supplemented, the local school district obligation;
(10) The participation of parents through parent advisory councils;
(11) Whether there were any complaints filed with any federal or state court or administrative agency, since the program’s inception, concerning the compliance with federal or state minimum legal requirements, the disposition of the complaint, and the monitoring and evaluation of any such agreement or court order relative to the complaint; and
(12) This information shall be filed in the form of the total for the school district as well as categorized by school, grade, and language.
(r) The commissioner annually shall analyze and publish data reported by school districts under this section regarding English language learners programs and limited English proficient students. Publication shall include, but need not be limited to, availability on the department’s website. The commissioner shall submit annually a report to the committees of jurisdiction for education in the house of representatives and senate on this data on a statewide and school district basis including, but not limited to, by language group and type of English language learners programs.
(s) For the purposes of this chapter, “local education agencies” shall include all of the following within the state of Rhode Island:
(1) Public school districts;
(2) Regional school districts;
(3) State-operated schools;
(4) Regional collaborative schools; and
(5) Charter schools and mayoral academies.
History of Section. P.L. 2019, ch. 224, § 6; P.L. 2019, ch. 259, § 6; P.L. 2021, ch. 306, § 1, effective June 30, 2022; P.L. 2021, ch. 307, § 1, effective June 30, 2022.
(a) In order to support the commissioner and the board of education (the “board”) in fulfilling their duties, the department shall use existing budgetary resources and existing personnel in its implementation of improvement plans pursuant to this section. The department shall:
(1) Provide a mechanism to review and report on the efforts of schools, charter schools, and school districts, including regional school districts, to improve the academic achievement of their students;
(2) Inform and assist the board in fulfilling their broader responsibilities to promote high levels of achievement in the schools and districts of the state;
(3) Be, for purposes of school and district accountability, under the direction and supervision of one individual who shall be appointed by the commissioner. This individual shall be responsible for:
(i) The direction and supervision of the targeted assistance and intervention efforts of the department under this chapter;
(ii) Such assistance efforts as the commissioner deems necessary to correct deficiencies identified by the department;
(iii) Compliance with the accountability provisions of federal law; and
(iv) Ensuring that the education reviewing and assistance functions of the department are aligned to promote collaboration and communication across the education reviewing and assistance functions;
(4) Ensure that school and district review teams include experienced practitioners in the field of education, except that no member shall have been previously or currently employed by:
(i) The school, district, or charter school being reviewed; or
(ii) A district, charter school, or education collaborative serving a common student population with the school, district, or charter school being reviewed;
(5) Act as an education reviewing body, objectively reviewing the results of educational measurement and tests conducted by or for the department in implementing the laws under this chapter. In executing this subsection, the department shall:
(i) Perform no fewer than five (5) school district education reviews annually, sixty percent (60%) of which shall be in districts whose students achieve at low levels either in absolute terms or relative to districts that educate similar student populations. The remainder of the education reviews shall be divided equally among districts whose students achieve at high levels relative to districts that educate similar student populations and randomly selected districts;
(ii) Ensure that no school or district is reviewed during the administration of any statewide assessments;
(iii) Coordinate with other entities in the department to ensure that a school or district is not subject to multiple comprehensive education reviews or reviews by the department or any accrediting body within a nine-month (9) period, unless the board specifically votes to do so on an emergency basis;
(iv) Have the following duties relative to school district reviews:
(A) Objectively review the school and district reports;
(B) Undertake inspections of schools, charter schools, and school districts, including regional school districts, to evaluate efforts to improve and support the quality of instruction and administration;
(C) Review the district’s RICAS success plan, if one was required pursuant to law, and evaluate the implementation of that plan;
(D) Review the district’s implementation of any RICAS grants received to develop or enhance academic support services for students scoring below proficient or its equivalent;
(E) Evaluate the alignment of curriculum and professional development plans with the state curriculum and assessments;
(F) Review the progress of overall student achievement;
(G) Evaluate student performance, school and district management, overall district governance, and any other areas deemed necessary by the department; and
(H) Ensure the education reviews are conducted in accordance with standards established by the council of elementary and secondary education;
(v) Following the school district’s education review, produce a comprehensive report detailing its findings and observations, which the commissioner shall present to the council along with any recommendations for further action to be taken by the council. After the council’s receipt of the report, the commissioner shall issue recommendations to districts not requiring further action relative to methods for improving any deficiencies identified by the department. The recommendations shall be transmitted to the reviewed district’s superintendent and school committee within ninety (90) days of the council’s receipt of the report; and
(vi) Annually compile a report of best practices from the list of education reviews conducted that year and distribute the compiled list to all school districts in the state;
(6) For the purposes of any inspection or education review, have access to all necessary papers, vouchers, books, and records pertaining to a school, including a charter school, a school district, or a regional school district;
(7) In establishing protocols for the conduct of school or district education reviews, to the extent practicable, minimize the administrative burden on schools and districts by using existing, recently-compiled or readily-available data sources. Schools, school districts, and school personnel shall cooperate with the department for any inspection or education review conducted pursuant to this section including, but not limited to, participating in interviews and producing books and documents. Each school district, including regional school districts and charter schools, shall annually file with the department, on or before October 1, a copy of its current personnel contracts and collective bargaining agreements in a form and manner prescribed by the commissioner. The department shall ensure that any noncompliance with law, misfeasance, or malfeasance shall be referred to the commissioner for appropriate action;
(8) Support the commissioner and the council in carrying out their duties under sections related to underperforming schools. Nothing in this section shall be construed as limiting the ability of the department to contract with individuals, external partners, or other entities to support the assistance functions established by said sections.
(b) The department shall transmit its findings, education review reports, recommendations, and follow-up reports to the council on elementary and secondary education, the attorney general, and a local public library in the education reviewed districts. In addition, the department shall appear annually before the health, education and welfare committee of the house of representatives and before the senate education committee, to report on these findings, reviews, recommendations, and other reports.
History of Section. P.L. 2019, ch. 224, § 6; P.L. 2019, ch. 259, § 6.
This chapter shall be known and may be cited as the “Access To Advanced Placement Courses For All Students Act.”
History of Section. P.L. 2012, ch. 347, § 1.
The following words and phrases when used in this chapter shall have the following meanings given to them unless the context clearly indicates otherwise:
(1) “Advanced placement” means a college-level class taught at the high school level that provides students the opportunity to earn college credit upon passage of an exam that:
(i) Incorporates all topics specified by the College Board on its standards syllabus for a given subject area; and
(ii) Is authorized by the College Board.
(2) [Deleted by P.L. 2021, ch. 162, art. 10, § 4.]
(3) “College Board” means and refers to the nonprofit organization that develops and administers standardized tests and curricula used by kindergarten through grade twelve (K-12) and postsecondary education institutions to promote college readiness.
(4) “Department” means the Rhode Island department of elementary and secondary education.
(5) “Eligible teacher” means a professional employee who is certified in the subject area of the advanced placement course that he or she will be teaching.
(6) “Examination” or “exam” means the test provided by the College Board to measure a student’s mastery of the advanced placement subject matter.
(7) “Four core academic areas” means advanced placement courses in English, mathematics, science, and social science.
(8) “Poverty level” means students whose family income is at or below one hundred eighty-five percent (185%) of federal poverty guidelines.
(9) “Program” means furtherance of the advanced placement classes in the public schools and includes teacher training and increased student participation.
(10) “School district” means any public school district, school unit, area-vocational-technical school, charter school, or mayoral academy that composes a school district; the term also encompasses a single high school or multiple high schools within a school district where applicable.
(11) “Teacher training entities” means institutions of higher education, intermediate units or organizations approved/certified by the College Board to train teachers to teach advanced placement courses.
(12) “Virtual learning instruction” means providing academic courses to students via the Internet and/or the use of technology in providing instruction to students.
History of Section. P.L. 2012, ch. 347, § 1; P.L. 2021, ch. 162, art. 10, § 4, effective July 6, 2021.
(a) Purpose. The purpose of the advanced placement teacher training program is to provide access to advanced placement courses in the four (4) core academic subjects of English, mathematics, science and social science for all students by training teachers in advanced placement course instruction at all high schools that do not presently provide advanced placement courses.
(b) Establishment. Subject to appropriation, the advanced placement teacher-training program shall be established in the department of education by the board of regents to train teachers in eligible school entities to teach advanced placement courses in the four (4) core academic areas of English, mathematics, science and social science in one or more of these disciplines.
(c) Eligible school entities. Eligible school entities are those that do not have in each of their high schools at least one advanced placement course in the four (4) core academic areas.
(1) A school district that has an advanced placement course in one or more of the four (4) core academic areas but not in all four (4) core academic areas is only eligible to have a teacher trained in those core academic areas that it does not have an advanced placement course.
(2) No more than one teacher per core academic area in each high school of an eligible school district shall be trained under this program.
(3) More than one eligible school district may apply jointly to the program to train a teacher in advanced placement course instruction if that teacher is to provide such instruction in more than one school district either through classroom instruction or through virtual learning instruction.
(d) Application requirements for eligible school entities. The application by an eligible school district seeking funding for the program shall include the following:
(1) The subject areas that currently have an advanced placement courses in each of its high schools;
(2) The subject areas among the four (4) core academic areas that it does not have an advanced placement course in each of its high schools;
(3) The names of the eligible teachers including the high school where they are teaching and the advanced placement academic subject area that each of the teachers will be providing instruction and whether the instruction will be in a classroom or through virtual learning instruction;
(4) The names of the eligible teacher training entities that shall be providing the training for teachers in providing advanced placement instruction;
(5) Agreement to provide the advanced placement course for high school students for at least three (3) years;
(6) Guidelines the school district will use in determining which students may be eligible to enroll in an advanced placement course. The school district shall not discriminate on any basis in enrollment of students that is illegal under applicable federal or state law;
(7) Agreement to annually report to the department for each of the four (4) core academic areas that were taught by teachers whose training was funded by this program the following information:
(i) The number of students taking advanced placement courses;
(ii) The number of students who took the advanced placement examinations; and
(iii) The number of students scoring a three (3) or higher on the advanced placement examinations.
History of Section. P.L. 2012, ch. 347, § 1.
(a) Guidelines. The department shall promulgate rules, regulations, and procedures necessary for the implementation of this chapter including, but not limited to, the following:
(1) In consultation with the College Board, certify those teacher-training entities that are qualified to provide training of teachers to teach advanced placement courses in the four (4) core academic areas;
(2) In certifying teacher-training entities for this program, the department shall ensure that the training times and locations will be geographically accessible for teachers from eligible school entities to attend;
(3) The department, in consultation with the College Board, shall ensure that training provided by those teacher-training entities must provide teachers of advanced placement courses with the necessary content knowledge and instructional skills to prepare students for success in advanced placement courses and examinations;
(4) Starting at the end of the first year of the program, and every year thereafter, the department shall issue a report to the general assembly on the advanced placement teacher-training program that shall include, but not be limited to:
(i) The number of teachers receiving training in advanced placement instructions in school entities, school districts and high schools in each of the four (4) core academic areas.
(ii) The number of students taking advanced placement courses at school entities in each of the four (4) core academic areas.
(iii) The number of students scoring a three (3) or more on an advanced placement examination at school entities in each of the four (4) core academic areas.
(iv) The remaining unmet need for trained teachers in school entities that do not offer advanced placement courses.
(v) The number of students taking advanced placement courses who do not take the advanced placement examination.
(vi) The number of students below the poverty level who take advanced placement courses.
(vii) The number of students below the poverty level who take advanced placement courses and do not take the advanced placement examination; and
(5) In consultation with local education authorities, ensure that the opportunity to participate in the advanced placement program and gain college credit is available to the greatest number of students as practicable.
(b) Nothing in this chapter shall prohibit the board of education, through the department, from expanding the program to include other nationally accepted courses of study that provide students an opportunity to gain college credits from classes taken in high school.
History of Section. P.L. 2012, ch. 347, § 1; P.L. 2021, ch. 162, art. 10, § 4, effective July 6, 2021; P.L. 2022, ch. 234, art. 2, § 9, effective June 28, 2022.
To the extent funds are appropriated for this program, the department shall provide grants per eligible teacher to the endorsed teacher training entities that provide training to teachers to teach advanced placement upon completion of the training program.
History of Section. P.L. 2012, ch. 347, § 1.
(a) Funding shall be for the purpose of providing advanced placement examinations to students at or below the poverty level at no cost to the student.
(b) Notwithstanding any general law, rule, or regulation to the contrary, the department shall include as part of its annual budget the amount necessary to pay the exam costs for all students below the poverty level who take advanced placement courses.
History of Section. P.L. 2012, ch. 347, § 1; P.L. 2021, ch. 162, art. 10, § 4, effective July 6, 2021; P.L. 2022, ch. 234, art. 2, § 9, effective June 28, 2022.
(a) Any school district offering advanced placement courses to students shall notify parents of their availability and the guidelines the school district uses in determining which students may be eligible to enroll in an advanced placement course.
(b) Any school district offering advanced placement courses to students shall publish on the school district’s website the names of the advanced placement courses being offered to students and the guidelines the school district uses in determining which students may be eligible to enroll in an advanced placement course.
History of Section. P.L. 2012, ch. 347, § 1.
This act shall be known and may be cited as the “Full-Day Kindergarten Accessibility Act.”
History of Section. P.L. 2012, ch. 372, § 1; P.L. 2012, ch. 382, § 1.
The general assembly hereby finds and declares as follows:
(1) According to the National Center for Education Statistics, children in full-day kindergarten classes make greater academic gains in both reading and mathematics compared to those in half-day classes;
(2) According to Kids Count RI, full-day kindergarten can contribute to closing academic achievement gaps between lower and higher income children;
(3) According to the National Center for Education Statistics, full-day kindergarten classes are more likely than half-day classes to instruct students daily in the areas of mathematics, social studies and science; and
(4) According to Kids Count RI, children in full-day kindergarten are more likely to be ready for first grade than those in half-day programs, regardless of family income, parental education and school characteristics.
History of Section. P.L. 2012, ch. 372, § 1; P.L. 2012, ch. 382, § 1; P.L. 2015, ch. 141, art. 6, § 1.
(a) For the purpose of this chapter, the term “full-day kindergarten” means a kindergarten program that operates a minimum of five and one-half (5½) hours or three hundred thirty (330) minutes of actual school work, excluding lunch, recess periods, common planning time, pre- and post-school teacher time, study halls, homeroom periods, student passing time and any other time that is not actual instructional time.
(b) The commissioner of elementary and secondary education has discretion to further define and approve full-day kindergarten programs consistent with this section through the 2015-2016 school year.
(c) Beginning August 2016, each school district must offer full-day kindergarten to every eligible student to qualify for state education aid provided for in title 16. In fiscal year 2016, the Rhode Island department of elementary and secondary education shall provide funding to support transition expenses for all districts that do not offer universal full-day kindergarten programs in the 2015-2016 school year. This funding shall not exceed the amount of state aid that would otherwise have been provided to the district for operating a universal full-day kindergarten program and shall be based upon 2015 enrollment data and funding formula transition rates. For purposes of the calculation under this section, a district’s half-day kindergarten enrollment as of March 2015 shall be multiplied by two.
History of Section. P.L. 2012, ch. 372, § 1; P.L. 2012, ch. 382, § 1; P.L. 2015, ch. 141, art. 6, § 1.
(a) A school district shall be eligible to request funding pursuant to § 16-99-4(b), if:
(1) The school district is a public school district; and
(2) The school district operates a half-day kindergarten program as of September 1, 2012, but not a full-day kindergarten, as defined herein, serving more than one-half of the kindergarten students in the district as determined on a headcount basis.
(b) Subject to appropriation, beginning with school year 2013-2014 and through school year 2014-2015, the commissioner of elementary and secondary education shall rank and approve eligible public school districts that voluntarily implement a full-day kindergarten program as defined herein. The aforementioned school district shall receive funding to offset a portion of the reasonable, one-time start-up costs including, but not limited to, desks, books, facility upgrades, ancillary costs associated with relocation of students, costs associated with the development and implementation of new curriculum, and any other necessary expenses associated with each school’s implementation of a full-day kindergarten program. Ranking shall be based upon criteria established by the commissioner of elementary and secondary education to ensure the quality and sustainability of the full-day kindergarten programs implemented.
In ranking the school districts’ proposals, the commissioner shall consider the quality and sustainability of the program and the average number of children eligible for USDA reimbursable school meals served by the respective district’s elementary schools with priority given to school districts with enrollment greater than eight thousand (8,000).
If no school district has enrollment greater than eight thousand (8,000), then priority shall be given to school districts with enrollment greater than four thousand (4,000).
(c) The commissioner shall fully fund all eligible expenditures of each district in rank order. If a district’s proposal cannot be fully funded, the district may either accept the available funding for the project or refuse funding. If funding is refused, the commissioner shall fund the next eligible school district’s request based on the aforementioned ranking.
(d) School districts receiving funds pursuant to this chapter must operate only a full-day program, no half-day programs. The full-day kindergarten program must continue to operate for five (5) years.
(e) All funding provided under this section is subject to appropriation.
(f) Notwithstanding the provisions of subsection (d), school districts that request funding pursuant to this chapter may be allowed to phase-in the implementation of a full-day kindergarten program, provided that the district provides the department of elementary and secondary education with a schedule and plan as to the implementation of such program.
History of Section. P.L. 2012, ch. 372, § 1; P.L. 2012, ch. 382, § 1; P.L. 2013, ch. 358, § 1; P.L. 2014, ch. 431, § 3; P.L. 2014, ch. 456, § 3; P.L. 2015, ch. 141, art. 6, § 1.
The Rhode Island department of elementary and secondary education shall report to the senate president, speaker of the house, and the governor on the progress of this initiative on or before May 1st, 2014, and on an annual basis by May 1st of each year thereafter.
History of Section. P.L. 2012, ch. 372, § 1; P.L. 2012, ch. 382, § 1; P.L. 2013, ch. 358, § 1.
This act shall be known and may be cited as the “Dual Enrollment Equal Opportunity Act.”
History of Section. P.L. 2013, ch. 168, § 1; P.L. 2013, ch. 199, § 1.
“Dual Enrollment” means that a student is enrolled in a secondary school while simultaneously enrolled part-time or full-time at a local institution of higher learning, such as a community college or university.
History of Section. P.L. 2013, ch. 168, § 1; P.L. 2013, ch. 199, § 1.
(a) The board of education shall prescribe by regulation a statewide dual enrollment policy that shall allow students to enroll in courses at postsecondary institutions to satisfy academic credit requirements in both high school and the aforementioned postsecondary institutions. The regulations shall address the postsecondary institution’s graduation requirements, if any; the institution’s ability to award degrees/certificates in Rhode Island; the minimum course grade to receive credit at the student’s secondary school; and any other criteria that the board deems appropriate.
(b) The board shall convene a workgroup, including, but not limited to, representatives from the department of elementary and secondary education, the office of the postsecondary commissioner, superintendents, school committees, public higher education institutions, guidance counselors, and teachers. The purpose of the workgroup is to consider and advise the board as to a dual enrollment policy and its possible effect on school funding pursuant to chapter 7.2 of this title; academic supports; transportation; possible shared costs of the education; possible fee schedules; manners in which low-income students could access the program; and possible contracted tuition costs with our public higher education institutions.
(c) Notwithstanding any law to the contrary, payments to public institutions of higher education for dual and concurrent enrollment shall be limited to no greater than the appropriation contained in the appropriations act. On or before September 30, 2017, the council on postsecondary education shall promulgate rules and regulations enforcing this limitation.
(d) Students in grade twelve (12) enrolled full-time, as defined by the institution, in a dual enrollment program where the courses are taken on a higher education institution campus shall be exempt from the requirements set forth in § 16-22-4(a).
History of Section. P.L. 2013, ch. 168, § 1; P.L. 2013, ch. 199, § 1; P.L. 2017, ch. 302, art. 12, § 3; P.L. 2019, ch. 237, § 2; P.L. 2019, ch. 247, § 2.
School districts and schools must adopt the statewide dual enrollment policy promulgated pursuant to this section by June 30, 2015. All school districts, charter schools, career and technical schools, approved private day or residential schools and collaborative schools shall be subject to the requirements of this section.
History of Section. P.L. 2013, ch. 168, § 1; P.L. 2013, ch. 199, § 1.
School districts that have students participating in dual enrollment programs shall report to the department of elementary and secondary education on an annual basis regarding the number of students, the number of credits enrolled in at postsecondary institutions, the name of the institution, and the dollar amount the school district is allocated for this program. The department of elementary and secondary education shall provide the governor, president of the senate and speaker of the house a report that shall contain the above information provided by district and in the aggregate on an annual basis by October 31 of each year, commencing on July 1, 2016.
History of Section. P.L. 2013, ch. 168, § 1; P.L. 2013, ch. 199, § 1.
(a) State public higher education institutions in the state shall honor the military training, experience, correspondence courses, and occupations of an individual who has served in the military or armed forces of the United States by allowing academic credits that meet the standards of the American Council on Education or equivalent standards for awarding academic credit, if the award of the educational credit is based upon the institution’s admission standards and its role, scope, and mission. The board of education shall adopt policies or regulations requiring each institution to award educational credits to a student enrolled in the institution, based upon the student’s military training or service when academically appropriate.
(b) The board of trustees for the university of Rhode Island, in consultation with the president and the faculty senate, shall adopt policies or regulations requiring the award of educational credits to a student enrolled at the university, based upon the student’s military training or service when academically appropriate.
History of Section. P.L. 2013, ch. 288, § 1; P.L. 2013, ch. 384, § 1; P.L. 2019, ch. 88, art. 9, § 9.
It is the purpose of the Rhode Island teachers’ advisory council to provide a streamlined communication mechanism between teachers and the state board of education, the policy setting board of elementary and secondary education by:
(1) Providing teachers with the ability to inform policymakers about implementation, concerns, and or practical issues regarding regulations and/or policies, whether proposed or promulgated;
(2) Bringing voices of classroom teachers into the conversation about policies and regulations which impact classroom activities; and
(3) Improving the conversation about the policies and regulations regarding our education system to ensure their successful implementation that benefits all Rhode Island students.
History of Section. P.L. 2013, ch. 330, § 1; P.L. 2013, ch. 433, § 1.
(a) There is hereby established a Rhode Island teachers’ advisory council, hereinafter referred to as “RITAC,” that shall advise the board of regents for elementary and secondary education and/or the state board of education, whichever body is in effect at the time. RITAC shall be comprised of one teacher from each school district chosen by the districts’ state association of teacher representatives, such as the national education association and the Rhode Island federation of teachers and health professionals, in conjunction with the local district teacher representative in a manner that they deem appropriate. The Rhode Island league of charter schools shall choose two (2) teachers from its public charter schools in a manner that it deems appropriate. The Rhode Island mayoral academies shall choose one teacher from its mayoral academies in a manner that it deems appropriate. The term of each teacher representative shall be two (2) years. Each representative shall be chosen within ninety (90) days of passage and by October 1 every two (2) years thereafter. Upon organization, the members of RITAC shall elect a chairperson and any other officers.
(b) RITAC shall meet no less than four (4) times per year and provide the board of regents for elementary and secondary education and/or the state board of education, whichever board is in effect, with a minimum of quarterly reports at a regularly scheduled board meeting.
History of Section. P.L. 2013, ch. 330, § 1; P.L. 2013, ch. 433, § 1.
For the purposes of this chapter:
(1) “Social media account” means an electronic service or account, or electronic content, including, but not limited to, videos, still photographs, blogs, video blogs, podcasts, instant and text messages, email, online service or accounts, or internet website profiles or locations. For the purposes of this chapter, social media account does not include an account opened at a school’s behest, or provided by the school, or intended to be used primarily on behalf of the school.
(2) “Applicant” means an applicant for admission to an educational institution.
(3) “Educational institution” or “school” means a private or public institution that offers participants, students, or trainees an organized course of study or training that is academic, technical, trade-oriented, or preparatory for gainful employment in a recognized occupation and shall include any person acting as an agent of the institution.
(4) “Student” means any student, participant, or trainee, whether full-time or part-time, in an organized course of study at an educational institution.
History of Section. P.L. 2014, ch. 188, § 1; P.L. 2014, ch. 207, § 1.
No educational institution shall:
(1) Require, coerce, or request a student or prospective student to disclose the password or any other means for accessing a personal social media account;
(2) Require, coerce, or request a student or prospective student to access a personal social media account in the presence of the educational institution’s employee or representative; or
(3) Require or coerce a student or prospective student to divulge any personal social media account information.
History of Section. P.L. 2014, ch. 188, § 1; P.L. 2014, ch. 207, § 1.
No educational institution shall compel a student or applicant, as a condition of acceptance or participation in curricular or extracurricular activities, to add anyone, including a coach, teacher, school administrator, or other school employee or school volunteer, to his or her list of contacts associated with a personal social media account or require, request, or cause a student or applicant to alter settings that affect a third party’s ability to view the contents of a personal social media account.
History of Section. P.L. 2014, ch. 188, § 1; P.L. 2014, ch. 207, § 1.
No educational institution shall:
(1) Discharge, discipline, or otherwise penalize or threaten to discharge, discipline, or otherwise penalize any student for a student’s refusal to disclose or provide access to any information specified in § 16-103-2, or for refusal to add a coach, teacher, administrator, or other school employee or school volunteer to his or her list of contacts associated with a personal social media account, or to alter settings associated with a personal social media account, as specified in § 16-103-3; or
(2) Fail or refuse to admit any applicant as a result of the applicant’s refusal to disclose or provide access to any information specified in § 16-103-2 or for refusal to add a coach, teacher, school administrator, or other school employee or school volunteer to his or her list of contacts associated with a personal social media account or to alter settings associated with a personal social media account, as specified in § 16-103-3.
History of Section. P.L. 2014, ch. 188, § 1; P.L. 2014, ch. 207, § 1.
This chapter shall not apply to information about a student that is publicly available.
History of Section. P.L. 2014, ch. 188, § 1; P.L. 2014, ch. 207, § 1.
In any civil action alleging a violation of this chapter, the court may:
(1) Award to a prevailing applicant or student declaratory relief, damages, and reasonable attorneys’ fees and costs; and
(2) Award injunctive relief against any school or agent of any educational institution that or who commits or proposes to commit a violation of this chapter.
History of Section. P.L. 2014, ch. 188, § 1; P.L. 2014, ch. 207, § 1.
(a) For the purposes of this chapter:
(1) “Cloud computing service” means a service that enables convenient on-demand network access to a shared pool of configurable computing resources to provide a student, teacher, or staff member account-based productivity applications such as email, document storage, and document editing that can be rapidly provisioned and released with minimal management effort or cloud computing service provider interaction.
(2) “Cloud computing service provider” means an entity other than a public elementary or secondary school that operates a cloud computing service.
(3) “Process” means to use, access, manipulate, scan, modify, transform, disclose, store, transmit, transfer, retain, aggregate, or dispose of student data.
(4) “Student data” means any information in any media or format created or provided:
(i) By a student; or
(ii) By a school board employee about a student in the course of using a cloud computing service, including the student’s name, email address, postal address, email message, documents, unique identifiers, and metadata.
(b) Notwithstanding any general or special law to the contrary, any person who provides a cloud computing service to an educational institution operating within the state shall process data of a student enrolled in kindergarten through twelfth (12th) grade for the sole purpose of providing the cloud computing service to the educational institution and shall not process such data for any commercial purposes, including, but not limited to, advertising purposes that benefit the cloud computing service provider.
(c) Each cloud computing service that enters into a contract to provide such services shall certify, in writing, that it shall comply with the provisions of this section.
History of Section. P.L. 2014, ch. 188, § 2; P.L. 2014, ch. 207, § 2.
(a) The state of Rhode Island is committed to providing high-quality educational opportunities for all public school students.
(b) School facilities provide more than a place for instruction. The physical learning environment contributes to the successful performance of educational programs designed to meet students’ educational needs.
(c) Every student needs a safe, healthy, and sanitary learning environment that promotes student learning and development.
(d) School construction policies should encourage districts to reduce excess capacity through means such as partnering with other districts, closing buildings, and altering grade configurations in certain buildings to maximize the use of square feet.
(e) In order to maximize limited state resources, the project prioritization process should focus on projects with the most urgent and immediate need.
(f) State-funded school construction project financing should transition from a system that largely reimburses local debt service to one that provides a set amount of financing annually to provide greater stability from a budgetary perspective while guiding limited resources to best use.
History of Section. P.L. 2015, ch. 141, art. 9, § 2.
The general assembly hereby designates the department of elementary and secondary education as the state’s school building authority with the responsibility to implement a system of state funding for school facilities designed to:
(1) Promote adequate school housing for all public school children in the state; and
(2) Prevent the cost of school housing from interfering with the effective operation of the schools.
History of Section. P.L. 2015, ch. 141, art. 9, § 2.
The school building authority roles and responsibilities shall include:
(1) Management of a system with the goal of ensuring equitable and adequate school housing for all public school children in the state;
(2) Prevention of the cost of school housing from interfering with the effective operation of the schools;
(3) Management of school housing aid in accordance with statute;
(4) Reviewing and making recommendations to the council on elementary and secondary education on necessity of school construction applications for state school housing aid and the school building authority capital fund, based on the recommendations of the school building authority advisory board;
(5) Promulgating, managing, and maintaining school construction regulations, standards, and guidelines applicable to the school housing program, based on the recommendations of the school building authority advisory board, created in § 16-105-8. Said regulations shall require conformance with the minority business enterprise requirements set forth in § 37-14.1-6;
(6) Developing a prequalification and review process for prime contractors, architects, and engineers seeking to bid on projects in excess of ten million dollars ($10,000,000) in total costs subject to inflation. Notwithstanding any general laws to the contrary, a prequalification shall be valid for a maximum of two (2) years from the date of issuance. Factors to be considered by the school building authority in granting a prequalification to prime contractors shall include, but not be limited to, the contractor’s history of completing complex projects on time and on budget, track record of compliance with applicable environmental and safety regulations, evidence that completed prior projects prioritized the facility’s future maintainability, and compliance with applicable requirements for the use of women and minority owned subcontractors;
(i) At least annually, a list of prequalified contractors, architects, and engineers shall be publicly posted with all other program information;
(7) Providing technical assistance and guidance to school districts on the necessity of school construction application process;
(8) Providing technical advice and assistance, training, and education to cities, towns, and/or local education agencies and to general contractors, subcontractors, construction or project managers, designers and others in planning, maintenance, and establishment of school facility space;
(9) Developing a project priority system, based on the recommendations of the school building authority advisory board, in accordance with school construction regulations for the school building authority capital fund, subject to review and, if necessary, to be revised on intervals not to exceed five (5) years. Project priorities shall include, but not be limited to, the following order of priorities:
(i) Projects to replace or renovate a building that is structurally unsound or otherwise in a condition seriously jeopardizing the health and safety of school children where no alternative exists;
(ii) Projects needed to prevent loss of accreditation;
(iii) Projects needed for the replacement, renovation, or modernization of the HVAC system in any schoolhouse to increase energy conservation and decrease energy-related costs in said schoolhouse;
(iv) Projects needed to replace or add to obsolete buildings in order to provide for a full range of programs consistent with state and approved local requirements; and
(v) Projects needed to comply with mandatory, instructional programs;
(10) Maintaining a current list of requested school projects and the priority given them;
(11) Collecting and maintaining readily available data on all the public school facilities in the state;
(12) Collecting, maintaining, and making publicly available quarterly progress reports of all ongoing school construction projects that shall include, at a minimum, the costs of the project and the time schedule of the project;
(13) Recommending policies and procedures designed to reduce borrowing for school construction programs at both state and local levels;
(14) At least every five (5) years, conducting a needs survey to ascertain the capital construction, reconstruction, maintenance, and other capital needs for schools in each district of the state, including public charter schools;
(15) Developing a formal enrollment projection model or using projection models already available;
(16) Encouraging local education agencies to investigate opportunities for the maximum utilization of space in and around the district;
(17) Collecting and maintaining a clearinghouse of prototypical school plans that may be consulted by eligible applicants;
(18) Retaining the services of consultants, as necessary, to effectuate the roles and responsibilities listed within this section;
(19) No district shall receive a combined total of more than twenty (20) incentive percentage points for projects that commence construction by December 30, 2023, and five (5) incentive points for projects that commence construction thereafter; provided further, these caps shall be in addition to amounts received under §§ 16-7-40(a)(1) and 16-7-40(a)(2). Furthermore, a district’s share shall not be decreased by more than half of its regular share irrespective of the number of incentive points received, nor shall a district’s state share increase by more than half of its regular share, including amounts received under §§ 16-7-40(a)(1) and 16-7-40(a)(2), irrespective of the number of incentive points received. Notwithstanding any provision of the general laws to the contrary, the reimbursement or aid received under this chapter or chapter 38.2 of title 45 shall not exceed one hundred percent (100%) of the sum of the total project costs plus interest costs. If a two hundred and fifty million dollar ($250,000,000) general obligation bond is approved on the November 2018 ballot, projects approved between May 1, 2015, and January 1, 2018, are eligible to receive incentive points (above and beyond what the project was awarded at the time of approval) pursuant to § 16-7-39 and § 16-7-40. Provided, however, any project approved during this time period with a project cost in excess of one million five hundred thousand dollars ($1,500,000), which does not include an owner’s program manager and a commissioning agent, shall only be eligible to receive five (5) incentive points. Incentive points awarded pursuant to the provisions of this subsection shall only be applied to reimbursements occurring on or after July 1, 2018. Any project approved between May 1, 2015, and January 1, 2018, that is withdrawn and/or resubmitted for approval shall not be eligible for any incentive points.
History of Section. P.L. 2015, ch. 141, art. 9, § 2; P.L. 2018, ch. 47, art. 9, § 3.
The school building authority within the department shall oversee and manage two distinct funding mechanisms for school facilities: the foundation program for school housing, as set forth in §§ 16-7-35 to 16-7-47, and the school building authority capital fund, as set forth in chapter 38.2 of title 45. The school building authority shall determine the necessity of school construction; establish standards for design and construction of school buildings; ensure that districts have adequate asset protection plans in place to maintain their school facilities; make recommendations to the council on elementary and secondary education for approval of projects for school housing aid reimbursement; and establish a project priority list for projects funded by the school building authority capital fund and school housing aid set forth in §§ 16-7-35 to 16-7-47 that shall apply to any projects submitted or reviewed on or after May 1, 2015.
History of Section. P.L. 2015, ch. 141, art. 9, § 2.
(a) The department of elementary and secondary education shall promulgate rules and regulations that establish the process through which a city, town, or LEA may submit an application for school building authority capital funding. The department may also prescribe, without limitation, forms for financial assistance applications. All rules and regulations promulgated pursuant to this chapter shall be promulgated in accordance with the provisions of chapter 35 of title 42, and shall apply to any projects submitted or reviewed on or after May 1, 2015.
(b) As part of the budget process, the governor shall specify the amount included in his/her budget recommendation that the school building authority may commit to new projects in the ensuing fiscal year, as well as any funding pursuant to § 16-105-7. Subsequently, the general assembly shall authorize the maximum amount that the school building authority may commit to new projects in the ensuing fiscal year.
(c) Each LEA shall develop, implement, and maintain a comprehensive asset protection plan for every school building, not only buildings for which housing aid or school building authority capital funds are sought or received. Only LEAs that have adequate asset protection plans in place to maintain their school facilities are eligible for funding from the school building authority capital fund. LEAs must annually provide asset protection information to the department of elementary and secondary education. If an LEA fails to provide asset protection information in a fiscal year, it is not eligible to receive school building authority capital funds the next fiscal year.
(d) Upon issuance of the project priority list, the Rhode Island health and educational building corporation shall award financial assistance to cities, towns, and LEAs for approved projects. The corporation may decline to award financial assistance to an approved project which the corporation determines will have a substantial adverse effect on the interests of holders of bonds or other indebtedness of the corporation or the interests of other participants in the financial assistance program, or for good and sufficient cause affecting the finances of the corporation. All financial assistance shall be made pursuant to a loan or financing agreement between the corporation and the city, town or LEA, acting by and through the officer or officers, board, committee, or other body authorized by law, or otherwise its chief executive officer, according to terms and conditions as determined by the corporation, and each loan shall be evidenced and secured by the issue to the corporation of city or town obligations in principal amount, bearing interest at the rate or rates specified in the applicable loan or financing agreement, and shall otherwise bear such terms and conditions as authorized by this chapter and/or the loan or financing agreement.
History of Section. P.L. 2015, ch. 141, art. 9, § 2.
For any approved project, the school building authority shall have the authority to inspect the construction and operation thereof to ensure compliance with the provisions of this chapter.
History of Section. P.L. 2015, ch. 141, art. 9, § 2.
In order to provide for one-time or limited expenses of the school building authority under this chapter, the Rhode Island health and educational building corporation shall provide funding from the school building authority capital fund, fees generated from the origination of municipal bonds and other financing vehicles used for school construction, and its own reserves. The school building authority shall, by October 1 of each year, report to the governor and the chairs of the senate and house finance committees, the senate fiscal advisor, and the house fiscal advisor the amount sought for expenses for the next fiscal year.
There is also hereby established a restricted-receipt account within the budget of the department of elementary and secondary education entitled “school construction services,” to be financed by the Rhode Island health and educational building corporation’s sub-allotments of fees generated from the origination of municipal bonds and other financing vehicles used for school construction and its own reserves. Effective July 1, 2018, this account shall be utilized for the express purpose of supporting personnel expenditures directly related to the administration of the school construction aid program. Expenditure of all restricted receipts accepted by the department shall be subject to the annual appropriation process and approval by the general assembly.
History of Section. P.L. 2015, ch. 141, art. 9, § 2; P.L. 2018, ch. 47, art. 9, § 3; P.L. 2019, ch. 88, art. 9, § 14.
(a) There is hereby established a school building authority advisory board that shall advise the school building authority regarding the best use of the school building authority capital fund, including the setting of statewide priorities, criteria for project approval, and recommendations for project approval and prioritization.
(b) The school building authority advisory board shall consist of seven (7) members as follows:
(1) The general treasurer, or designee;
(2) The director of the department of administration, who shall serve as chair;
(3) The chair of the Rhode Island health and educational building corporation; and
(4) Four (4) members of the public, appointed by the governor, and who serve at the pleasure of the governor, each of whom shall have expertise in education and/or construction, real estate, or finance. At least one of these four (4) members shall represent a local education agency and at least one of these four (4) members shall be an educator.
(c) In addition to the purposes in subsection (a), the school building authority advisory board shall advise the school building authority on, including but not limited to, the following:
(1) The project priorities for the school building authority capital fund;
(2) Legislation as it may deem desirable or necessary related to the school building authority capital fund and the school housing aid program set forth in §§ 16-7-35 to 16-7-47;
(3) Policies and procedures designed to reduce borrowing for school construction programs at both state and local levels;
(4) Development of a formal enrollment projection model or consideration of using projection models already available;
(5) Processes and procedures necessary to apply for, receive, administer, and comply with the conditions and requirements respecting any grant, gift, or appropriation of property, services, or monies;
(6) The collection and maintenance of a clearinghouse of prototypical school plans which may be consulted by eligible applicants and recommend incentives to utilize these prototypes;
(7) The determination of eligible cost components of projects for funding or reimbursement, including partial or full eligibility for project components for which the benefit is shared between the school and other municipal and community entities;
(8) Development of a long-term capital plan in accordance with needs and projected funding;
(9) Collection and maintenance of data on all the public school facilities in the state, including information on size, usage, enrollment, available facility space, and maintenance;
(10) Advising districts on the conduct of a needs survey to ascertain the capital construction, reconstruction, maintenance, and other capital needs for schools across the state;
(11) The recommendation of policies, rules, and regulations that move the state toward a pay-as-you-go funding system for school construction programs; and
(12) Encouraging local education agencies to investigate opportunities for the maximum utilization of space in and around the district.
History of Section. P.L. 2015, ch. 141, art. 9, § 2; P.L. 2018, ch. 47, art. 9, § 3.
If any provision of this chapter or the application of this chapter to any person or circumstances is held invalid, the invalidity shall not affect other provisions or applications of the chapter, which can be given effect without the invalid provision or application, and to this end the provisions of this chapter are declared to be severable.
History of Section. P.L. 2015, ch. 141, art. 9, § 2.
This chapter shall be known and may be cited as “The Performance Incentive Funding Act of 2016.”
History of Section. P.L. 2016, ch. 521, § 1.
The commissioner of postsecondary education is hereby directed to implement a performance incentive funding formula that meets the requirements of this chapter, in consultation with the council on postsecondary education.
History of Section. P.L. 2016, ch. 521, § 1.
(a) Beginning in FY 2018, funding for the Community College of Rhode Island (“CCRI”) shall include a performance-based component utilizing all additional allocations of otherwise unrestricted, higher-education general revenue greater than the base amount received pursuant to the FY 2016 budget as enacted of total unrestricted state higher-education funding.
(b) Data on which to base performance measures as described in subsection (c) shall be defined by the commissioner of postsecondary education, in consultation with the council on postsecondary education. Measures shall begin to be collected in FY 2017.
These measures may include and incorporate outcomes or goals from multiple, previous years. The lack of information from previous years, however, will not affect the use of performance-based measures.
(c) The performance-based measures shall be consistent with the purpose, role, scope, and mission of CCRI, and shall include the following metrics:
(1) For first-time, full-time students, the number and percentage, including growth thereof in relation to enrollment and in prior years, of associate’s degrees awarded to students within two (2) years and three (3) years, including summer graduates; for part-time students, performance-based measures shall be based on incremental milestones made toward achieving degree or certificate completion;
(2) The number of one year or longer industry-recognized certificates earned by students within an expected amount of time, and weighted to increase high demand, high-wage field certificates consistent with CCRI’s purpose;
(3) One measure, as agreed to by the commissioner of postsecondary education and the president of CCRI, who shall consider faculty, staff, and student input; and
(4) Any other measures that are deemed appropriate by the council of postsecondary education.
(d) Weight may be assigned to any of the aforementioned metrics to reinforce the purpose, role, scope, and mission of CCRI, the economic needs of the state, and the socio-economic status of the students. The commissioner may consider the college’s improvements in said metrics when determining whether the college has satisfied the annual measure despite not reaching the overall goal.
(e) The commissioner shall provide faculty and students an opportunity to provide input on the development of performance measures.
History of Section. P.L. 2016, ch. 521, § 1.
(a) Beginning in FY 2018, funding for Rhode Island college (“RIC”) shall include a performance-based component utilizing all additional allocations of otherwise unrestricted, higher-education general revenue greater than the base amount received pursuant to the FY 2016 budget as enacted, of total unrestricted state higher-education funding.
(b) Data on which to base performance measures as described in subsection (c) shall be defined by the commissioner of postsecondary education, in consultation with the council on postsecondary education. Measures shall begin to be collected in FY 2017.
These measures may include and incorporate outcomes or goals from multiple, previous years. The lack of information from previous years, however, will not affect the use of performance-based measures.
(c) Rhode Island college shall have unique measures consistent with its purpose, role, scope, and mission. The performance-based measures shall include the following metrics:
(1) The number and percentage, including growth in relation to enrollment and prior years of bachelor’s degrees awarded to first-time, full-time students within four (4) years and six (6) years, including summer graduates;
(2) The number of degrees awarded that are tied to Rhode Island’s high demand, high-wage employment opportunities consistent with the institution’s mission;
(3) One measure that applies only to RIC, as agreed to by the commissioner of postsecondary education and the president of RIC, who shall consider faculty, staff, and student input; and
(4) Any other measures that are deemed appropriate by the council on postsecondary education.
(d) Weight may be assigned to any of the aforementioned metrics to reinforce the mission of RIC, the economic needs of the state, and the socio-economic status of the students. The commissioner may consider the institution’s improvements in said metrics when determining whether it has satisfied the annual measure despite not reaching the overall goal.
(e) The commissioner shall provide faculty and students an opportunity to provide input on the development of performance measures.
History of Section. P.L. 2016, ch. 521, § 1; P.L. 2019, ch. 88, art. 9, § 10.
If a public institution of higher education has failed to achieve one or more of the performance metrics set forth in accordance with this chapter, the funds associated with each, unachieved metric shall be distributed to the same institution for corrective action, with oversight by the office of the postsecondary commissioner.
History of Section. P.L. 2016, ch. 521, § 1.
(a) The commissioner of postsecondary education shall monitor, publish, and report to the council on postsecondary education the level of performance on all metrics identified in accordance with this chapter for the community college of Rhode Island, and Rhode Island college.
(b) The commissioner of postsecondary education, in consultation with the council on postsecondary education, shall revise the metrics at a time when performance has reached a pre-defined level. Future metrics shall further goals identified by the board of education and the governor’s workforce board, and the applicable purpose and mission of the institution of higher education to which they apply.
(c) Each public higher-education institution shall publish its performance on all of its associated metrics prescribed in this chapter on its website.
History of Section. P.L. 2016, ch. 521, § 1; P.L. 2019, ch. 88, art. 9, § 10.
(a) Implementation of a state postsecondary-education funding formula shall be contingent upon the approval of the general assembly. On or before October 1, 2016, the commissioner of postsecondary education shall present to the board of education and the general assembly, the following:
(1) A proposal for the further definition of the budget for “otherwise unrestricted higher education general revenue” in accordance with §§ 16-106-3(a) and 16-106-4(a); and
(2) With input from an advisory workgroup composed of representatives of the administration and faculty of Community College of Rhode Island, Rhode Island College, and University of Rhode Island, the commissioner shall develop a proposal for a funding formula for calculating budgetary needs of the public postsecondary institutions.
History of Section. P.L. 2016, ch. 521, § 1.
This chapter shall be known and may be cited as the “Rhode Island Promise Scholarship Act.”
History of Section. P.L. 2017, ch. 302, art. 3, § 1.
(a) The general assembly finds and declares that:
(1) Education is critical for the state’s young people to achieve their dreams and develop their talents;
(2) The state’s economic success depends on a highly educated and skilled workforce; and
(3) The state’s future prosperity depends upon its ability to make educational opportunities beyond high school available for all students as part of a free public education.
(b) In order to address the findings set forth in subsection (a), the purpose of this chapter is to increase the number of students enrolling in and completing degrees on time from the community college of Rhode Island.
History of Section. P.L. 2017, ch. 302, art. 3, § 1.
Beginning with the high school graduating class of 2017, there is hereby established the Rhode Island promise scholarship program. The general assembly shall annually appropriate the funds necessary to implement the purposes of this chapter. Additional funds beyond the scholarships may be appropriated to support and advance the Rhode Island promise scholarship program. In addition to appropriation by the general assembly, charitable donations may be accepted into the scholarship program.
History of Section. P.L. 2017, ch. 302, art. 3, § 1; P.L. 2020, ch. 80, art. 1, § 34; P.L. 2021, ch. 27, § 1, effective May 28, 2021; P.L. 2021, ch. 28, § 1, effective May 28, 2021.
When used in this chapter, the following terms shall have the following meanings:
(1) “ADA” means the American with Disabilities Act, 42 U.S.C. § 12101 et seq., as may be amended from time to time;
(2) “FAFSA” means the Free Application for Federal Student Aid form;
(3) “Mandatory fees and tuition” are the costs that every student is required to pay in order to enroll in classes, and does not include room and board, textbooks, program fees that may exist in some majors, course fees that may exist for some specific courses, meal plans, or travel;
(4) “On track to graduate on time” means the standards determined by the community college of Rhode Island in establishing the expectation of a student to graduate with an associate’s degree within two (2) years of enrollment (recognizing that some students, including students who require developmental education, are double majors, or are enrolled in certain professional programs may require an extended time period for degree completion);
(5) “Reasonable accommodations” means any necessary modifications or adjustment to a facility, equipment, program, or manner of operation as required by the Americans with Disabilities Act (“ADA”) and section 504 of the Rehabilitation Act of 1973, 29 U.S.C. § 794, as may be amended from time to time;
(6) “Recipient student” means a student attending the community college of Rhode Island who qualifies to receive the Rhode Island promise scholarship pursuant to § 16-107-6;
(7) “Scholarship program” means the Rhode Island promise scholarship program that is established pursuant to § 16-107-3;
(8) “State” means the state of Rhode Island; and
(9) “Student with a disability” means any student otherwise eligible pursuant to § 16-107-6 who has a physical, developmental, or hidden disability or disabilities, as defined in § 42-87-1, that would create a hardship or other functional obstacles preventing participation in this program.
History of Section. P.L. 2017, ch. 302, art. 3, § 1; P.L. 2021, ch. 27, § 1, effective May 28, 2021; P.L. 2021, ch. 28, § 1, effective May 28, 2021.
(a) The financial aid office, in conjunction with the office of enrollment management or their respective equivalent offices, at the community college of Rhode Island, shall administer the scholarship program for state residents seeking associate degrees who meet the eligibility requirements in this chapter.
(b) An award of the scholarship program shall cover the cost of two (2) years of tuition and mandatory fees, less federal and all other financial aid monies available to the recipient student. No grant received by students from the College Crusade Scholarship Act as established in chapter 70 of this title shall be considered federal or financial aid for the purposes of this chapter.
(c) The scholarship program is limited to one award per student as required by § 16-107-6(a)(7).
History of Section. P.L. 2017, ch. 302, art. 3, § 1; P.L. 2022, ch. 231, art. 10, § 6, effective June 27, 2022.
(a) Beginning with the students who enroll at the community college of Rhode Island in the fall of 2017, to be considered for the scholarship, a student:
(1) Must qualify for in-state tuition and fees pursuant to the residency policy adopted by the council on postsecondary education, as amended, supplemented, restated, or otherwise modified from time to time (“residency policy”); provided, that, the student must have satisfied the high school graduation/equivalency diploma condition prior to reaching nineteen (19) years of age; provided, further, that in addition to the option of meeting the requirement by receiving a high school equivalency diploma as described in the residency policy, the student can satisfy the condition by receiving other certificates or documents of equivalent nature from the state or its municipalities as recognized by applicable regulations promulgated by the council on elementary and secondary education;
(2) Must be admitted to, and must enroll and attend the community college of Rhode Island on a full-time basis by the semester immediately following high school graduation or the semester immediately following receipt of a high school equivalency diploma;
(3) Must complete the FAFSA and any required FAFSA verification, or for persons who are legally unable to complete the FAFSA must complete a comparable form created by the community college of Rhode Island, by the deadline prescribed by the community college of Rhode Island for each year in which the student seeks to receive funding under the scholarship program;
(4) Must continue to be enrolled on a full-time basis;
(5) Must maintain an average annual cumulative grade point average (GPA) of 2.5 or greater, as determined by the community college of Rhode Island;
(6) Must remain on track to graduate on time as determined by the community college of Rhode Island;
(7) Must not have already received an award under this scholarship program; and
(8) Must commit to live, work, or continue their education in Rhode Island after graduation.
The community college of Rhode Island shall develop a policy that will secure this commitment from recipient students.
(b) Notwithstanding the eligibility requirements under subsection (a) of this section (“specified conditions”):
(1) In the case of a recipient student who has an approved medical or personal leave of absence or is unable to satisfy one or more specified conditions because of the student’s medical or personal circumstances, the student may continue to receive an award under the scholarship program upon resuming the student’s education so long as the student continues to meet all other applicable eligibility requirements;
(2) In the case of a recipient student who is a member of the national guard or a member of a reserve unit of a branch of the United States military and is unable to satisfy one or more specified conditions because the student is or will be in basic or special military training, or is or will be participating in a deployment of the student’s guard or reserve unit, the student may continue to receive an award under the scholarship program upon completion of the student’s basic or special military training or deployment; and
(3) Any student with a disability, otherwise eligible for a scholarship pursuant to the provisions of this section, as of May 15, 2021, shall be entitled to access this program and shall be afforded all reasonable accommodations, as required by the ADA and the Rehabilitation Act of 1973, including, but not limited to, enrolling on a part-time basis, attaining a high school diploma/GED by age twenty-one (21), and taking longer than two (2) years to graduate with an associate’s degree.
History of Section. P.L. 2017, ch. 302, art. 3, § 1; P.L. 2020, ch. 80, art. 1, § 34; P.L. 2021, ch. 27, § 1, effective May 28, 2021; P.L. 2021, ch. 28, § 1, effective May 28, 2021; P.L. 2021, ch. 276, § 1, effective July 9, 2021; P.L. 2021, ch. 277, § 1, effective July 9, 2021.
(a) On or before November 10 and May 10 of each fiscal year following fiscal year 2017, the community college of Rhode Island shall submit a report to the director of the office of management and budget, the state budget officer, the house fiscal advisor, the senate fiscal advisor, the commissioner of postsecondary education, and the chair of the council on postsecondary education detailing the number of students eligible to participate in the scholarship program, the amount of federal and institutional financial aid anticipated to be received by recipient students, the aggregate tuition and mandatory fee costs attributable to recipient students, and the resulting total cost of the scholarship program to the state. The report shall contain such data for both the current fiscal year and the most up-to-date forecast for the following fiscal year. Data reported shall be subdivided by student-year cohort and shall be accompanied by a written explanation detailing the estimating methodology utilized and any impact(s) the forecasted data may present to institutional capacity, operational costs, and the tuition/fee revenue base of the institution.
(b) On or before July 1, 2020, the community college of Rhode Island and the commissioner of postsecondary education shall submit a report evaluating the program based on the first two cohorts to the governor, speaker of the house, and the president of the senate. This evaluation shall include the following:
(1) The number of students who started in each cohort;
(2) The number of students in each cohort who have attained a degree or certification in an on-time manner;
(3) The number of students in each cohort who have not attained a degree or certification in an on-time manner and an analysis of why that has happened;
(4) The number of students in each cohort who began the program but have been unable to continue or complete the program and an analysis of why that has happened;
(5) The costs of the program and the costs of continuing the program;
(6) Suggestions for ways to increase the success of the program;
(7) Recommendations as to modifying, continuing, expanding, curtailing, or discontinuing the program; and
(8) Any such other recommendations or information as the community college of Rhode Island and the commissioner of postsecondary education deem appropriate to include in the evaluation.
(c) The office of management and budget, in consultation with the office of the postsecondary commissioner, shall oversee the apportionment and disbursement of all funds appropriated for the purpose of the scholarship program.
History of Section. P.L. 2017, ch. 302, art. 3, § 1.
The council on postsecondary education is hereby authorized to promulgate rules to effectuate the purposes of this chapter and the community college of Rhode Island shall establish appeal procedures for the award, denial, or revocation of funding under the scholarship program. The rules shall be promulgated in accordance with § 16-59-4.
History of Section. P.L. 2017, ch. 302, art. 3, § 1.
This chapter shall be known and may be cited as the “All Students Count Act.”
History of Section. P.L. 2017, ch. 102, § 1; P.L. 2017, ch. 108, § 1.
The following words and phrases, as used in this chapter, shall have the following meanings:
(1) “Entity” means the Rhode Island department of elementary and secondary education, its subagencies and state agency(s) and local municipalities from which it collects demographic data.
(2) “Southeast Asian” means individuals who identify with one or more ethnic groups originating from the countries in the Southeast Asian region, including Cambodia, the Philippines, Laos, Vietnam, and other Southeast Asian countries.
History of Section. P.L. 2017, ch. 102, § 1; P.L. 2017, ch. 108, § 1.
(a) Whenever the department of elementary and secondary education collects demographic data as to the ancestry or ethnic origins of students for a report that includes educational proficiencies, graduation rates, attendance rates, and access to educational resources, the entity shall use separate collection categories and tabulations in accordance with the following:
(1) No later than twelve (12) months after a decennial United States Census is released to the public, each entity shall use the collection and tabulation categories for the Asian population groups as they are reported by the United States Census Bureau as well as people with disabilities and English language learners.
(2) The categories used by each entity for Asian population, to the extent not already required pursuant to this section, shall always include, but not be limited to, the following Asian ethnic groups:
(i) Cambodian, Filipino, Hmong, Laotian, Vietnamese, and other Southeast Asian ethnic groups.
(3) Until the release of the next decennial United States Census following the enactment of this chapter, each entity shall use the enhanced data collection and tabulation categories that the entity was previously required to use.
(4) Each entity shall comply with the Family Educational Rights and Privacy Act (20 U.S.C. § 1232g, 34 C.F.R. Part 99) and shall observe criteria for ensuring statistical significance of data collected and published.
(i) Districts reporting data with a student group that has too few students, as defined by a minimum size of ten (10), for evaluation must be notated.
(5) Each entity shall cross tabulate data of student outcome by gender, disability, and English proficiency for all students.
(6) Each entity shall make the demographic data publicly available, except for personal identifying information, which shall be deemed confidential, by posting the data on the applicable entity’s website by July 1, 2018, and shall update the data annually thereafter. This subsection shall not be construed to prevent any other state agency from posting data collected on the state agency’s website, in a matter prescribed by this section.
(b) This chapter shall only apply to the collection of data for students in the public elementary and secondary education system. It does not apply to the demographic data of students participating in postsecondary education.
(c) If the state determines that this chapter contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made.
History of Section. P.L. 2017, ch. 102, § 1; P.L. 2017, ch. 108, § 1.
This act shall be known and may be cited as the “Student Journalists’ Freedom of Expression Act.”
History of Section. P.L. 2017, ch. 229, § 1; P.L. 2017, ch. 318, § 1.
As used in this section:
(1) “School-sponsored media” means any material that is prepared, substantially written, published, or broadcast by a student journalist at an institution under the supervision of the council on elementary and secondary education and the council on postsecondary education, both public and private, distributed, or generally made available to members of the student body, and prepared under the direction of a student media advisor. School-sponsored media does not include content intended for distribution or transmission only in the classroom in which it is produced.
(2) “Student journalist” means a student of an institution under the supervision of the council on elementary and secondary education and the council on postsecondary education, both public and private, who gathers, compiles, writes, edits, photographs, records, or prepares information for dissemination in school-sponsored media.
(3) “Student media advisor” means an individual employed, appointed, or designated by an institution under the supervision of the council on elementary and secondary education and the council on postsecondary education, both public and private, to supervise or provide instruction relating to school-sponsored media.
History of Section. P.L. 2017, ch. 229, § 1; P.L. 2017, ch. 318, § 1.
(a) Except as provided in subsection (b) of this section, a student journalist has the right to exercise freedom of speech and of the press in both school-sponsored media and non-school-sponsored media, regardless of whether the media is supported financially by the school, local education agency “(LEA),” or uses the facilities of the school or LEA, or produced in conjunction with a class in which the student is enrolled. Subject to subsection (b) of this section, a student journalist is responsible for determining the news, opinion, feature, and advertising content of school-sponsored media. This subsection may not be construed to prevent a student media advisor from teaching professional standards of English and journalism to student journalists.
(b) This section does not authorize or protect expression by a student that:
(1) Is libelous or slanderous;
(2) Constitutes an unwarranted invasion of privacy;
(3) Violates federal or state law; or
(4) So incites students as to create a clear and present danger of the commission of an unlawful act, the violation of school district policy, or the material and substantial disruption of the orderly operation of the institution. Administrators must base a forecast of material and substantial disruption on specific facts, including past experience in the school and current events influencing student behavior, and not on undifferentiated fear or apprehension.
(c) Nothing in this section shall be construed as authorizing the publication of an advertisement in school-sponsored media at an institution under the supervision of the council on elementary and secondary education that promotes the purchase of a product or service that is unlawful for purchase or use by minors.
(d) A student journalist may not be disciplined for acting in accordance with subsection (a) of this section.
(e) A student media advisor may not be dismissed, suspended, disciplined, reassigned, transferred, or otherwise retaliated against for:
(1) Acting to protect a student journalist engaged in permissible conduct under subsection (a) of this section; or
(2) Refusing to infringe on conduct that is protected by this chapter or the First Amendment to the United States Constitution.
(f) Each institution, school, or LEA subject to this chapter may adopt a written student freedom of expression policy in accordance with this section. The policy must include reasonable provisions for the time, place, and manner of student expression. For institutions under the supervision of the council on elementary and secondary education, the policy may also include limitations to language that may be defined as profane, harassing, threatening, or intimidating.
(g) No expression made by students in the exercise of free speech or free press rights shall be deemed to be an expression of school policy, and no school officials or school district shall be held responsible in any civil or criminal action for any expression made or published by students.
(h) Any student, individually or through a parent or guardian, or student media advisor may institute proceedings for injunctive or declaratory relief in any court of competent jurisdiction to enforce the rights provided in this section.
History of Section. P.L. 2017, ch. 229, § 1; P.L. 2017, ch. 318, § 1.
The General Assembly hereby finds and declares that:
(1) Rhode Island holds a unique place in history with the establishment of its Royal Charter on July 8, 1663, that marked the first time that a sovereign leader signed a charter guaranteeing that individuals within a society were free to practice the religion of their choice without any interference from the government.
(2) As Rhode Island became the first American colony to declare its independence from Great Britain on May 4, 1776, it simultaneously was one of the most active slave ports in British North America within the Transatlantic Slave Trade transporting thousands of enslaved Africans to the colony, with the first documented slave ship arriving at Newport in 1696.
(3) The contributions of African Heritage Peoples from across the African Diaspora representing all walks of life and their endeavors to learn and thrive throughout history and make unforgettable marks in our state and nation as artists, scientists, educators, businesspeople, influential thinkers, members of the faith community, athletes, and political and governmental leaders, reflects the greatness of the state of Rhode Island.
(4) The United States Department of Education says “education is primarily a state and local responsibility in the United States. It is states and communities, as well as public and private organizations of all kinds that establish schools and colleges and develop curricula.”
(5) The state of Rhode Island also has previously demonstrated its concerns and interests regarding raising awareness on the subject of African Heritage and History through the work of the 1696 Historical Commission as established by the general assembly and signed into law on July 1, 2014, and was tasked with developing a comprehensive African Heritage History curriculum for Rhode Island public schools from kindergarten through grade twelve (K-12) and the commission led by our secretary of state and comprised of scholars, civic and educational leaders developed and submitted a comprehensive report that included units of instruction and educational resources.
(6) With the unifying call that Black Lives Matter, for racial reconciliation, and for social justice during the summer of 2020, and citizen equity being reflected across the state, nation, and world, the establishment of an African Heritage History curriculum in Rhode Island is long overdue. Given the importance of the issue to the political affairs of the United States, as well as the responsibility of the state to educate its citizens, it is a fundamental responsibility of the state of Rhode Island to ensure that the critical subject of African Heritage History is included as part of the curriculum in all public schools. In the words of civil rights leader, Reverend Doctor Martin Luther King, Jr., “The function of education is to teach one to think intensively and to think critically. Intelligence plus character — that is the goal of a true education.” Doctor King further stated, “History will have to record that the greatest tragedy of this period of social transition was not the strident clamor of the bad people, but the appalling silence of the good people.”
(7) It is the judgment of the Rhode Island general assembly to encourage that every board of education in the state shall include instruction on the subject of African Heritage History studies in an appropriate place in the curriculum, for all elementary and secondary students.
History of Section. P.L. 2021, ch. 288, § 1, effective July 9, 2021; P.L. 2021, ch. 289, § 1, effective July 9, 2021.
For the purpose of this chapter, the following words shall have the following meanings:
(1) “African Diaspora” means the term commonly used to describe the mass dispersion of peoples from Africa during the Transatlantic Slave Trades, from the 1500s to the 1800s.
(2) “African Heritage” means any one people with racial, ethnic, and cultural ties to the African Diaspora.
(3) “African Heritage People” means the people that can be seen in our many state residents of African, white, bi-racial, Latino, Cape Verdean, Caribbean, and Native backgrounds.
(4) “Transatlantic Slave Trade” means the forced transportation by European slave traders of various enslaved African people, mainly to the Americas. Current estimates are that about twelve million (12,000,000) to twelve million eight hundred thousand (12,800,000) Africans were shipped across the Atlantic over a span of four hundred (400) years.
History of Section. P.L. 2021, ch. 288, § 1, effective July 9, 2021; P.L. 2021, ch. 289, § 1, effective July 9, 2021.
The state shall adhere to the following procedures:
(1) The department of education shall collect and disseminate to every school district, private school, mayoral academy, and charter school, and make available currently on its website at https://www.ride.ri.gov/InstructionAssessment/CivicsSocialStudies/ResourcesonAfricanAmericanHistory.aspx the curriculum materials and other materials as may assist local and regional school committees, and governing bodies of any private school, mayoral academy, or charter school, in developing instructional programs pursuant to this section, materials on African Heritage and History.
(2) Every school district shall include in its curriculum a unit of instruction on African Heritage and History utilizing, but not being limited to, the materials collected and disseminated by the department of education, commencing with the 2022-2023 school year. Nothing herein shall require school districts to require African Heritage History instruction in every year, but that African Heritage education and instruction shall be utilized during appropriate times in the elementary and secondary school curricula, as determined by the local authority. All students should have received instruction on African Heritage and History materials by the time they have graduated from high school.
History of Section. P.L. 2021, ch. 288, § 1, effective July 9, 2021; P.L. 2021, ch. 289, § 1, effective July 9, 2021.
As used in this chapter.
(1) “Educational entity” or “educational entities” means all Rhode Island school districts, including a single school district, regional school district, multiple school districts, any public or private school grades kindergarten through twelve (K-12), any charter public school, or any career and technical high school.
(2) “Waste audit” means an analysis of a facility’s waste stream. The audit can identify what types of recyclable materials and waste a facility generates; how much of each category is recovered for recycling or discarded; and what materials can be composted.
History of Section. P.L. 2021, ch. 344, § 1, effective September 1, 2021; P.L. 2021, ch. 345, § 1, effective September 1, 2021.
(a) On or after January 1, 2022, and every three (3) years thereafter, every educational entity shall coordinate and cooperate with the Rhode Island resource recovery corporation (RIRRC) for the purpose of conducting school waste audits. These audits shall produce waste management reports that shall be collected, maintained, and delivered to the educational entity. The waste audits shall be performed at every educational entity.
(b) Waste audits and any reports required herein shall include guidelines and strategies on reducing waste for each educational entity to incorporate into its food waste reduction and recycling programs in an effort to eliminate food waste, promote recycling, and provide food to local communities.
(c) Educational entities, using the guidelines and strategies pursuant to subsection (b), shall design and implement a waste collection system in accordance with applicable state law for the diversion of items including, but not limited to, paper, books, furniture, computers, office supplies, plastic, glass, cardboard, and surplus foods.
(d) Notwithstanding any other provision of law, any waste audit conducted pursuant to this section shall be provided free of charge by the RIRRC.
History of Section. P.L. 2021, ch. 344, § 1, effective September 1, 2021; P.L. 2021, ch. 345, § 1, effective September 1, 2021.
It shall be the policy of the state, the department of education, and any educational entity to require that any request for proposal (RFP) to select a food service company (vendor) to provide food services to an educational entity shall include, as part of its proposal, assurances that the vendor is in compliance with all laws relative to recycling and composting pursuant to chapter 18.9 of title 23; provided that, food waste is separated for diversion within that educational entity.
History of Section. P.L. 2021, ch. 344, § 1, effective September 1, 2021; P.L. 2021, ch. 345, § 1, effective September 1, 2021.
It shall be the policy of the state, the department of education, and any educational entity to encourage that any request for proposal (RFP) to a food service company (vendor) to provide food services to an educational entity encourage the use of a vendor that purchases ten percent (10%) of the required food service product from a Rhode Island-based food service company. In addition, it shall also be the policy of the state, the department of education, and any educational entity, to encourage the use of vendors who recycle organic-waste materials at an authorized composting facility, an anaerobic digestion facility, or by another authorized recycling method, regardless of whether the entity purchasing the services is or is not an educational entity, or a covered entity or a covered educational institution pursuant to the provisions of § 23-18.9-7.
History of Section. P.L. 2021, ch. 344, § 1, effective September 1, 2021; P.L. 2021, ch. 345, § 1, effective September 1, 2021.
(a) It shall be the policy of the state, the department of education, and any educational entity to require that any request for proposal (RFP) to select a food service company (vendor) to provide food services to an educational entity shall require the vendor to donate any unserved nonperishable or unspoiled perishable food to local food banks or the Rhode Island Food Bank in accordance with the recommendations from the Rhode Island department of health “The Road to End Hunger” initiative.
(b) Vendors required to donate nonperishable and unspoiled perishable food to local food banks or the Rhode Island Food Bank shall initially make arrangements for the provision accommodations necessary to carry out the provisions of this section.
(c) Except for injury resulting from gross negligence or intentional misconduct in the preparation or handling of donated food, no educational entity, person, or vendor who or that donates food that is fit for human consumption at the time it was donated, as required by subsection (a), shall be liable for any damage or injury resulting from the consumption of the donated food.
(d) The immunity from civil liability provided by this section applies regardless of compliance with any laws, regulations, or ordinances regulating the packaging or labeling of food, and regardless of compliance with any laws, regulations, or ordinances regulating the storage or handling of the food by the donee after the donation of the food. The donation of nonperishable food that is fit for human consumption but that has exceeded the labeled shelf life date recommended by the manufacturer is protected pursuant to this section. The donation of perishable food that is fit for human consumption but that has exceeded the labeled shelf life date recommended by the manufacturer is protected pursuant to this section if the person who distributes the food to the end recipient makes a good faith evaluation that the food to be donated is wholesome.
(e) The local food bank or Rhode Island Food Bank that, in good faith, receives and distributes food without charge, pursuant to subsection (a), that is fit for human consumption at the time it was distributed is not liable for any injury or death due to the food unless the injury or death is a direct result of the gross negligence or intentional misconduct of the organization.
History of Section. P.L. 2021, ch. 344, § 1, effective September 1, 2021; P.L. 2021, ch. 345, § 1, effective September 1, 2021.
An educational entity, person, or vendor who or that donates food as permitted by law shall not be subject to civil or criminal liability or penalty for any violation of any laws, regulations, or ordinances regulating the labeling or packaging of the donated product or, with respect to any other laws, regulations, or ordinances, for a violation occurring after the time of donation. The donation of nonperishable food that is fit for human consumption but that has exceeded the labeled shelf life date recommended by the manufacturer is protected, pursuant to this section, if the entity, person, or vendor who or that distributes the food to the end recipient makes a good faith evaluation that the food to be donated is wholesome.
History of Section. P.L. 2021, ch. 344, § 1, effective September 1, 2021; P.L. 2021, ch. 345, § 1, effective September 1, 2021.
The commissioner is hereby authorized to promulgate whatever rules and regulations may be required to implement this chapter and shall annually provide notice to all educational entities of the department’s school waste disposal and refuse disposal policies.
History of Section. P.L. 2021, ch. 344, § 1, effective September 1, 2021; P.L. 2021, ch. 345, § 1, effective September 1, 2021.
This chapter shall be known and may be cited as the “Apprenticeship Pathways to Earning a Bachelor’s Degree Act.”
History of Section. P.L. 2023, ch. 212, § 1, effective June 21, 2023; P.L. 2023, ch. 213, § 1, effective June 21, 2023.
As used in this section:
(1) “Apprenticeship” means an apprenticeship program that meets the standards established in the National Apprenticeship Act, 29 C.F.R. Part 29, and that is registered with the department of labor and training.
(2) “Board” means the board of education.
History of Section. P.L. 2023, ch. 212, § 1, effective June 21, 2023; P.L. 2023, ch. 213, § 1, effective June 21, 2023.
(a) By January 1, 2024, each state public higher education institution shall adopt policies establishing nontraditional pathways to earning a bachelor’s degree at the state’s public higher education institutions through the inclusion of credits earned through apprenticeships, as further provided in subsection (e) of this section.
(b) The policies adopted by each higher education institution shall be subject to review and approval of the board of education. The board shall reject or modify any policies that are unduly burdensome for students seeking the apprenticeship pathway to earning a bachelor’s degree. This review shall be completed by April 1, 2024.
(c) In addition, the board of education shall adopt policies to uniformly address the following:
(1) The form and manner in which registered apprenticeships may be determined to be eligible for inclusion in a nontraditional pathway to earning a bachelor’s degree, including through public-private partnerships or an application process.
(d) No later than September 1, 2024, the board shall convene a workgroup, including, but not limited to, representatives from the department of labor and training, the office of the postsecondary commissioner, public higher education institutions, the state apprenticeship council, and the construction trades. The purpose of the workgroup is to advise the board regarding the implementation of nontraditional pathways to earning a bachelor’s degree, including assisting with the review pursuant to subsection (b) of this section and with the development of the plan required by § 16-112-4.
(e) The policies that shall be adopted by each public higher education institution shall include, but not be limited to:
(1) The process by which a student may request academic credit for registered apprenticeship coursework and experience;
(2) The number of credits a student may earn through coursework and experience hours in a registered apprenticeship;
(3) The development of clear guidelines distinguishing credit-bearing and non-credit-bearing apprenticeship coursework including, but not limited to, standardizing the process of assigning credit to apprenticeship coursework; and
(4) Guidelines to determine degree majors towards which credits for apprenticeships may be earned, including giving priority to majors that have both a low completion rate and a hiring need by employers existing in the state.
(f) The policies of the public higher education institutions adopted pursuant to this section shall become effective beginning August 1, 2024.
History of Section. P.L. 2023, ch. 212, § 1, effective June 21, 2023; P.L. 2023, ch. 213, § 1, effective June 21, 2023.
No later than August 1, 2025, the board shall provide the governor, the president of the senate, and the speaker of the house of representatives a plan for increasing the number of students who earn credit towards and/or complete bachelor’s degrees from a Rhode Island public institution of higher education through a registered apprenticeship. The board may create additional reporting requirements to focus on data collection for the purposes of program progress, goals, and participation.
History of Section. P.L. 2023, ch. 212, § 1, effective June 21, 2023; P.L. 2023, ch. 213, § 1, effective June 21, 2023.
This chapter shall be known and may be cited as the “Rhode Island Hope Scholarship Pilot Program Act”.
History of Section. P.L. 2023, ch. 79, art. 8, § 5, effective June 16, 2023; P.L. 2023, ch. 337, § 1, effective June 24, 2023; P.L. 2023, ch. 396, § 1, effective June 24, 2023.
(a) The general assembly finds and declares that:
(1) Education is critical for the state’s young people to achieve their aspirations and develop their talents;
(2) The state’s economic success depends on a highly educated and skilled workforce;
(3) The state’s future prosperity depends upon its ability to make educational opportunities beyond high school available for all students;
(4) The coronavirus has inflicted undue hardships on students and their families, creating barriers to a four-year (4) college degree;
(5) A merit-based tuition reduction program will help make a four-year (4) college degree available to all students;
(6) Rhode Island college offers students a feasible opportunity to obtain a four-year (4) degree, but remains an underutilized resource in the state; and
(7) The state of Rhode Island’s motto is “Hope”.
(b) In order to address the findings set forth in subsection (a) of this section, the purpose of this chapter is to increase the number of students enrolling in and completing four-year (4) degrees and certificates on time from Rhode Island college, and to promote more graduates in high-need fields such as nursing, pre-K through grade twelve (12) education, and the trades, which are fields for which Rhode Island college provides a strong and affordable education.
(c) The purpose of the pilot program is also to determine whether a scholarship program for Rhode Island college that is modeled on the promise scholarship program established in chapter 107 of this title would be successful in attaining the goals set forth in this section.
History of Section. P.L. 2023, ch. 79, art. 8, § 5, effective June 16, 2023; P.L. 2023, ch. 337, § 1, effective June 24, 2023; P.L. 2023, ch. 396, § 1, effective June 24, 2023.
There is hereby established the Rhode Island hope scholarship pilot program. The general assembly shall annually appropriate the funds necessary to implement the purposes of this chapter for the periods of the pilot program. Additional funds beyond the scholarships may be appropriated to support and advance the Rhode Island hope scholarship pilot program. In addition to appropriation by the general assembly, charitable donations may be accepted into the scholarship program.
History of Section. P.L. 2023, ch. 79, art. 8, § 5, effective June 16, 2023; P.L. 2023, ch. 337, § 1, effective June 24, 2023; P.L. 2023, ch. 396, § 1, effective June 24, 2023.
When used in this chapter, the following terms shall have the following meanings:
(1) “ADA” means the Americans with Disabilities Act, 42 U.S.C. § 12101 et seq., as may be amended from time to time.
(2) “Certificate” means any certificate program with labor market value as defined by the postsecondary commissioner.
(3) “College-level credit” means credit awarded by a college or university for completion of its own courses or other academic work.
(4) “FAFSA” means the Free Application for Federal Student Aid form.
(5) “General education coursework” means the educational foundation of knowledge, skills, and attitudes that prepares students for success in their majors and their personal and professional lives after graduation. It includes, but is not limited to, the required coursework of all degrees developed by each eligible postsecondary institution that is approved by the council on postsecondary education that is intended to ensure that all graduates of a state institution have a balanced core of competencies and knowledge. This does not necessarily include coursework specifically required for one’s major.
(6) “Mandatory fees and tuition” means the costs that every student is required to pay in order to enroll in classes, and does not include room and board, textbooks, program fees that may exist in some majors, course fees that may exist for some specific courses, meal plans, or travel.
(7) “On track to graduate on time” means the standards determined by Rhode Island college in establishing the expectation of a student to graduate with a bachelor’s degree within four (4) years of enrollment, or the prescribed completion time for a student completing a certificate (recognizing that some students, including students who require developmental education, are double majors, or are enrolled in certain professional programs may require an extended time period for degree completion).
(8) “Pilot program” and “scholarship program” means the Rhode Island hope scholarship pilot program that is established pursuant to § 16-113-3.
(9) “Reasonable accommodations” means any necessary modifications or adjustment to a facility, equipment, program, or manner of operation as required by the Americans with Disabilities Act (“ADA”) and section 504 of the Rehabilitation Act of 1973, 29 U.S.C. § 791, as may be amended from time to time.
(10) “Recipient student” means a student attending Rhode Island college who qualifies to receive the Rhode Island hope scholarship pursuant to § 16-113-6.
(11) “State” means the state of Rhode Island.
(12) “Student with a disability” means any student otherwise eligible pursuant to this chapter who has a physical, developmental, or hidden disability or disabilities, as defined in § 42-87-1, that would create a hardship or other functional obstacles preventing participation in this program.
History of Section. P.L. 2023, ch. 79, art. 8, § 5, effective June 16, 2023; P.L. 2023, ch. 337, § 1, effective June 24, 2023; P.L. 2023, ch. 396, § 1, effective June 24, 2023.
(a) The financial aid office at Rhode Island college, in conjunction with the admissions office or their respective equivalent offices at Rhode Island college, shall administer the scholarship program for state residents seeking bachelor’s degrees and/or certificates who meet the eligibility requirements in this chapter.
(b) An award of the scholarship program shall cover the cost of up to two (2) years of tuition and mandatory fees, for the junior and senior years of the student, or in the case of an adult student, who has attained at least sixty (60) credit hours, then the award may cover tuition and mandatory fees over a duration of not more than two (2) years. In all instances, these awards shall be reduced by the amount of federal and all other financial aid monies available to the recipient student. None of any grants received by students from the department of children, youth and families’ higher education opportunity incentive grant as established by chapter 72.8 of title 42 or the college crusade scholarship act as established in chapter 70 of this title shall be considered federal or financial aid for the purposes of this chapter.
(c) The scholarship program is limited to one award per student as required by § 16-113-6(a)(7); provided that, the award may cover the two (2) years that constitute the junior and senior years of the student, or the two (2) years for an adult student, and may be dispersed in separate installments.
History of Section. P.L. 2023, ch. 79, art. 8, § 5, effective June 16, 2023; P.L. 2023, ch. 337, § 1, effective June 24, 2023; P.L. 2023, ch. 396, § 1, effective June 24, 2023.
(a) Beginning with the students who enrolled at Rhode Island college in the fall of 2023, a student:
(1) Must qualify for in-state tuition and fees pursuant to the residency policy adopted by the council on postsecondary education, as amended, supplemented, restated, or otherwise modified from time to time (“residency policy”);
(2) Must be a currently enrolled full-time student who has declared a major and earned a minimum of sixty (60) total credit hours towards an eligible program of study, as determined by Rhode Island college;
(3) Must complete the FAFSA and any required FAFSA verification by the deadline prescribed by Rhode Island college for each year in which the student seeks to receive funding under the scholarship program; provided that, persons who are legally unable to complete the FAFSA must complete a comparable form created by Rhode Island college, by the deadline prescribed by Rhode Island college, for each year in which the student seeks to receive funding under the scholarship program;
(4) Must enroll or have enrolled full-time as a freshman as a first-time student and continue to be enrolled on a full-time basis at Rhode Island college, by the dates indicated within this chapter;
(5) Must maintain an average annual cumulative grade point average (GPA) of 2.5 or greater, as determined by Rhode Island college, prior to obtaining the scholarship and also as a condition of being able to continue to be a scholarship recipient;
(6) Must remain on track to graduate on time as determined by Rhode Island college and must complete both the student’s freshman and sophomore years at Rhode Island college, or in the case of an adult student, have completed sixty (60) credit hours of tuition and mandatory fees at Rhode Island college over a duration of no more than four (4) years;
(7) Must not have already received an award under this program or under chapter 107 of this title; and
(8) Must commit to live, work, or continue their education in Rhode Island after graduation.
(b) Rhode Island college, in conjunction with the office of the postsecondary commissioner, shall develop a policy that will secure the commitment set forth in subsection (a) of this section from recipient students.
(c) Notwithstanding the eligibility requirements under subsection (a) of this section (“specified conditions”):
(1) In the case of a recipient student who has an approved medical or personal leave of absence or is unable to satisfy one or more specified conditions because of the student’s medical or personal circumstances, the student may continue to receive an award under the scholarship program upon resuming the student’s education so long as the student continues to meet all other applicable eligibility requirements;
(2) In the case of a recipient student who is a member of the national guard or a member of a reserve unit of a branch of the United States military and is unable to satisfy one or more specified conditions because the student is or will be in basic or special military training, or is or will be participating in a deployment of the student’s guard or reserve unit, the student may continue to receive an award under the scholarship program upon completion of the student’s basic or special military training or deployment; and
(3) Students enrolled in Rhode Island college as of July 1, 2021, who have attained junior status at Rhode Island college as of July 1, 2023, or who enrolled in Rhode Island college as of July 1, 2022, and who have attained junior status at Rhode Island college as of July 1, 2024, and who are otherwise in compliance with this chapter, shall be eligible for a hope scholarship under this chapter.
(4) Any student with a disability, otherwise eligible for a scholarship pursuant to the provisions of this section, shall be entitled to access this program and shall be afforded all reasonable accommodations, as required by the ADA and the Rehabilitation Act of 1973, including, but not limited to, enrolling on a part-time basis and taking longer than four (4) years to graduate with a bachelor’s degree.
(d) The decision of whether or not a student has attained junior or senior status by the appropriate date shall be determined by the appropriate body of Rhode Island college, subject to the rules, regulations, and procedures established pursuant to § 16-113-8.
History of Section. P.L. 2023, ch. 79, art. 8, § 5, effective June 16, 2023; P.L. 2023, ch. 337, § 1, effective June 24, 2023; P.L. 2023, ch. 396, § 1, effective June 24, 2023.
(a) On or before November 10, 2023, and on or before November 10 and May 10 thereafter for every year through and including calendar year 2030, Rhode Island college shall submit a report to the director of the office of management and budget, the state budget officer, the house fiscal advisor, the senate fiscal advisor, the commissioner of postsecondary education, and the chair of the council on postsecondary education, detailing the following:
(1) The number of students eligible to participate in the scholarship program;
(2) The amount of federal and institutional financial aid anticipated to be received by recipient students;
(3) The aggregate tuition and mandatory fee costs attributable to recipient students;
(4) The resulting total cost of the scholarship program to the state; and
(5) The report shall contain such data for both the current fiscal year and the most up-to-date forecast for the following fiscal year. Data reported shall be subdivided by student-year cohort and shall be accompanied by a written explanation detailing the estimating methodology utilized and any impact(s) the forecasted data may present to institutional capacity, operational costs, and the tuition/fee revenue base of the institution.
(b) On or before July 1, 2030, Rhode Island college and the commissioner of postsecondary education shall submit a report evaluating the program based on all cohorts to the governor, speaker of the house, and the president of the senate. This evaluation shall include the following:
(1) The number of students who started in each cohort;
(2) The number of students in each cohort who have attained a degree or certification in an on-time manner;
(3) The number of students in each cohort who have not attained a degree or certification in an on-time manner and an analysis of why that has happened;
(4) The number of students in each cohort who began the program but have been unable to continue or complete the program and an analysis of why that has happened;
(5) The costs of the program and the costs of continuing the program;
(6) Suggestions for ways to increase the success of the program;
(7) Recommendations as to modifying, continuing, expanding, curtailing, or discontinuing the program; and
(8) Any such other recommendations or information as Rhode Island college and the commissioner of postsecondary education deem appropriate to include in the evaluation.
(c) The office of management and budget, in consultation with the office of the postsecondary commissioner, shall oversee the apportionment and disbursement of all funds appropriated for the purpose of the scholarship program.
History of Section. P.L. 2023, ch. 79, art. 8, § 5, effective June 16, 2023; P.L. 2023, ch. 337, § 1, effective June 24, 2023; P.L. 2023, ch. 396, § 1, effective June 24, 2023; P.L. 2024, ch. 117, art. 8, § 7, effective June 17, 2024.
The council on postsecondary education is hereby authorized to promulgate rules and regulations to effectuate the purposes of this chapter, including, but not limited to, the residency policy, and Rhode Island college shall establish appeal procedures for the award, denial, or revocation of funding under the scholarship program. The rules and regulations shall be promulgated in accordance with § 16-59-4.
History of Section. P.L. 2023, ch. 79, art. 8, § 5, effective June 16, 2023; P.L. 2023, ch. 337, § 1, effective June 24, 2023; P.L. 2023, ch. 396, § 1, effective June 24, 2023.
Currently enrolled students at Rhode Island college who have attained junior status as of July 1, 2023, or July 1, 2024, and who otherwise meet the requirements of this chapter, shall be eligible for a hope scholarship under this chapter.
History of Section. P.L. 2023, ch. 79, art. 8, § 5, effective June 16, 2023; P.L. 2023, ch. 337, § 1, effective June 24, 2023; P.L. 2023, ch. 396, § 1, effective June 24, 2023.
The Rhode Island hope scholarship pilot program shall be funded from July 1, 2023, through and including June 30, 2030. There shall be no further funding of the pilot program without further action of the general assembly. Any final reports due pursuant to this chapter shall be filed pursuant to the dates set forth herein.
History of Section. P.L. 2023, ch. 79, art. 8, § 5, effective June 16, 2023; P.L. 2023, ch. 337, § 1, effective June 24, 2023; P.L. 2023, ch. 396, § 1, effective June 24, 2023; P.L. 2024, ch. 117, art. 8, § 7, effective June 17, 2024.
Notwithstanding the provisions of any general or special law to the contrary, the Sheila C. “Skip” Nowell Academy (hereinafter the “academy”) is hereby reconstituted and created as a public school and local educational agency authorized to operate pursuant to this chapter. The academy shall, upon the approval of the council on elementary and secondary education, cease operating as an independent charter school under chapter 77.3 of this title.
History of Section. P.L. 2024, ch. 99, § 1, effective June 12, 2024; P.L. 2024, ch. 100, § 1, effective June 12, 2024.
The purpose of this chapter and the mission of the Sheila C. “Skip” Nowell Academy is:
(1) To primarily support students at risk of school failure, with a special focus on the diverse needs of pregnant and parenting teens, to create an environment for their individual growth, and to cultivate their social and emotional development;
(2) To additionally provide an alternative learning environment for disconnected and at-risk students, and for students who have recently arrived in the country, desiring to complete their academic careers in a setting that offers comprehensive support services, accelerated academic curriculum, leadership development, and life skills that will enable them to become resilient, self-sufficient adults; and
(3) To offer a rigorous and relevant standards-driven, experiential learning community, and to provide college and career preparatory education based on guided, project-based core curriculum, that is aligned to the state’s high-quality curricular standards.
History of Section. P.L. 2024, ch. 99, § 1, effective June 12, 2024; P.L. 2024, ch. 100, § 1, effective June 12, 2024.
The academy shall be subject to educational accountability and financial standards and reporting requirements promulgated in accordance with chapter 35 of title 42 (“administrative procedures”) by the department of elementary and secondary education.
History of Section. P.L. 2024, ch. 99, § 1, effective June 12, 2024; P.L. 2024, ch. 100, § 1, effective June 12, 2024.
The academy shall be governed by a board of trustees that shall have the powers and duties of a school committee. The board of trustees of the academy on the date of passage of this legislation shall constitute the founding board of trustees of the academy. The council on elementary and secondary education shall thereafter appoint the members of the board of trustees from nominations made by the commissioner of elementary and secondary education. The chairperson of the board of trustees shall also be selected in this manner. The council on elementary and secondary education shall determine the qualifications and terms of office of members of the board of trustees.
History of Section. P.L. 2024, ch. 99, § 1, effective June 12, 2024; P.L. 2024, ch. 100, § 1, effective June 12, 2024.
Notwithstanding the provisions of this chapter or any law to the contrary, the academy shall be subject to applicable federal and state law. All students and prospective students of the academy shall have all the same rights under applicable federal and state law as students and prospective students at other public schools.
History of Section. P.L. 2024, ch. 99, § 1, effective June 12, 2024; P.L. 2024, ch. 100, § 1, effective June 12, 2024.
The academy may receive direct applications from resident students in any school district and may receive referrals for resident students in any school district consistent with the purpose of this chapter and the mission of the academy. The academy shall enroll resident students up to twenty-two (22) years of age and consistent with the purpose of this chapter and the mission of the academy. Students attaining twenty-two (22) years of age in their senior year shall continue to remain eligible for enrollment through their date of graduation or the end of the academic year, whichever is later.
History of Section. P.L. 2024, ch. 99, § 1, effective June 12, 2024; P.L. 2024, ch. 100, § 1, effective June 12, 2024.
Students attending the academy shall do so on a full-time basis with the costs of their education being shared by the state and the district of residence as set forth under § 16-7.2-5. Notwithstanding the provisions of any law to the contrary, the district of residence shall be responsible for its share of school funding as provided herein for all district residents attending the academy who meet the enrollment requirements set forth in § 16-114-6. The academy shall be eligible to receive state or federal aid, grants, Medicaid revenue, and any other state or federal revenue as a local educational agency according to applicable federal and state law.
History of Section. P.L. 2024, ch. 99, § 1, effective June 12, 2024; P.L. 2024, ch. 100, § 1, effective June 12, 2024.
This chapter shall be known and may be cited as the “Rhode Island Early Care and Education Workforce Data Act.”
History of Section. P.L. 2024, ch. 360, § 2, effective June 26, 2024; P.L. 2024, ch. 361, § 2, effective June 26, 2024.
(a) On or before July 1, 2025, the department of human services shall implement an early care and education workforce registry that meets the recommended guidelines of the National Workforce Registry Alliance and includes information about staff who work directly with children in all licensed child care and early learning centers and family child care homes in the state.
(b) The registry shall be designed to support communication of important information and professional development opportunities directly to front-line child care and early educators. The registry shall also be designed to help the state gather and maintain information about the demographics and annual turnover of educators in licensed child care and early learning programs by key factors including educational qualifications and age category of children they teach.
(c) Annually, beginning on or before January 1, 2026, the department of human services shall produce an annual report on the status of the early care and education registry and the characteristics of the early care and education workforce, including demographic information, qualifications, and turnover data. The report shall be shared with the general assembly, the children’s cabinet, all licensed child care centers and family child care homes, and individuals participating in the registry. The report shall also be posted on the department’s website for the general public.
History of Section. P.L. 2024, ch. 360, § 2, effective June 26, 2024; P.L. 2024, ch. 361, § 2, effective June 26, 2024.
This act shall be known and may be cited as the “Transparency in Arts Education Access and Proficiency Act.”
History of Section. P.L. 2024, ch. 370, § 1, effective June 26, 2024; P.L. 2024, ch. 371, § 1, effective June 26, 2024.
As used in this chapter:
(1) “Arts” means instruction, classes, courses, or organized school-based performance in dance, media arts, music, theater, and visual arts. The term “arts” shall also include fine arts, including painting, sculpture, architecture, music, and poetry.
(2) “Department” means the Rhode Island department of elementary and secondary education.
(3) “School” means a public middle or high school.
(4) “TAEAPA” means transparency in arts education access and proficiency act (“TAEAPA”).
History of Section. P.L. 2024, ch. 370, § 1, effective June 26, 2024; P.L. 2024, ch. 371, § 1, effective June 26, 2024.
(a) Commencing with the 2025-26 academic school year, the department shall include, on each school’s annual school report card, each school’s percentage of students enrolled in arts education courses, as defined by the national core arts standards, along with the number of courses available to students in each arts area, including, but not limited to: dance, media arts, music, theater, and visual arts.
(b) Commencing with the 2025-26 fiscal year, the department may designate or assign a qualified staff member to serve in the role of arts education curriculum coordinator. A primary function of this coordinator would be to support schools and school districts in meeting the arts education curricular and reporting requirements, as provided in this chapter, along with any other arts education-related tasks within the department.
(c) Commencing with the 2026-27 academic school year, the department shall annually require each high school to provide a representative sample of graduated students’ portfolios, that demonstrate evidence of meeting proficiency in one of the arts, as defined by the national core arts standards, or fine arts. The student portfolios shall include evidence of works developed via courses within the regular school day.
History of Section. P.L. 2024, ch. 370, § 1, effective June 26, 2024; P.L. 2024, ch. 371, § 1, effective June 26, 2024.
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