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5 | 5 | | 2023 -- H 5637 |
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6 | 6 | | ======== |
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7 | 7 | | LC001911 |
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8 | 8 | | ======== |
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9 | 9 | | S TATE OF RHODE IS LAND |
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10 | 10 | | IN GENERAL ASSEMBLY |
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11 | 11 | | JANUARY SESSION, A.D. 2023 |
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12 | 12 | | ____________ |
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13 | 13 | | |
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14 | 14 | | A N A C T |
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15 | 15 | | RELATING TO EDUCATION -- THE BRIGHT TODAY SCHOLARSHIP AND OPEN |
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16 | 16 | | ENROLLMENT EDUCATION ACT |
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17 | 17 | | Introduced By: Representatives Chippendale, Rea, J. Brien, and Place |
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18 | 18 | | Date Introduced: February 15, 2023 |
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19 | 19 | | Referred To: House Finance |
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20 | 20 | | |
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21 | 21 | | |
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22 | 22 | | It is enacted by the General Assembly as follows: |
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23 | 23 | | SECTION 1. Title 16 of the General Laws entitled "EDUCATION" is hereby amended by 1 |
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24 | 24 | | adding thereto the following chapter: 2 |
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25 | 25 | | CHAPTER 112 3 |
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26 | 26 | | THE BRIGHT TODAY SCHOLARSHIP AND OPEN ENROLLMENT EDUCATION ACT 4 |
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27 | 27 | | 16-112-1. Short title. 5 |
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28 | 28 | | This act shall be known and may be cited as "The Bright Today Scholarship and Open 6 |
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29 | 29 | | Enrollment Education Act." 7 |
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30 | 30 | | 16-112-2. Purpose. 8 |
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31 | 31 | | (a) The purpose of this chapter is to provide parents of kindergarten through grade twelve 9 |
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32 | 32 | | (K-12) students in Rhode Island with an opportunity to enroll their child in an educational program 10 |
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33 | 33 | | of their choosing, either via open enrollment in a traditional public school in their own district or 11 |
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34 | 34 | | in any other public school district, or by receiving a scholarship, with designated public monies to 12 |
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35 | 35 | | follow the student to the private school or private curriculum program selected by the parent. 13 |
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36 | 36 | | (b) National research demonstrates that with scholarships, similar to those provided for in 14 |
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37 | 37 | | this chapter, public school districts can actually save money and in most instances also see 15 |
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38 | 38 | | improved academic outcomes because of the new "parental" accountability standards they will be 16 |
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39 | 39 | | held to. 17 |
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40 | 40 | | (c) Further, this chapter has been crafted to ensure that more money per pupil remains in 18 |
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41 | 41 | | |
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42 | 42 | | |
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43 | 43 | | LC001911 - Page 2 of 12 |
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44 | 44 | | public school districts, even after scholarships have been awarded from the state portion of 1 |
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45 | 45 | | educational funding to districts. 2 |
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46 | 46 | | 16-112-3. Definition of terms. 3 |
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47 | 47 | | As used in this chapter, the following terms shall have the following meanings unless the 4 |
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48 | 48 | | context clearly indicates otherwise: 5 |
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49 | 49 | | (1) "Base funding" means and refers to a resident district's funding from state and local 6 |
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50 | 50 | | sources to serve and educate students on a per pupil basis. Federal funds are not included. 7 |
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51 | 51 | | (2) "Bright today scholarships" ("scholarships"), sometimes referred to in this chapter as 8 |
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52 | 52 | | "educations savings accounts (ESAs)" means and will be offered to all students that are, or will 9 |
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53 | 53 | | become, enrolled in any public, private, or home school system in the State of Rhode Island. The 10 |
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54 | 54 | | scholarships allow parents to utilize certain funds that would normally be allocated to their child at 11 |
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55 | 55 | | their resident school district for an educational program as determined by the parents or guardian 12 |
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56 | 56 | | of the child. 13 |
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57 | 57 | | (3) "Curriculum" means a complete course of study for a particular content area or grade 14 |
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58 | 58 | | level, including any supplemental materials required by the curriculum. 15 |
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59 | 59 | | (4) "Department" means the Rhode Island department of elementary and secondary 16 |
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60 | 60 | | education (RIDE) or any other organization designated by RIDE to administer the bright today 17 |
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61 | 61 | | scholarship program. 18 |
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62 | 62 | | (5) "Eligible student" means any kindergarten through grade twelve (K-12) student who 19 |
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63 | 63 | | meets any of the following requirements: 20 |
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64 | 64 | | (i) Attended a public school as a full-time student in Rhode Island in the preceding 21 |
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65 | 65 | | semester; 22 |
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66 | 66 | | (ii) Is beginning school in Rhode Island for the first time; or 23 |
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67 | 67 | | (iii) Attended a private school or received at-home instruction in conformance with § 16-24 |
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68 | 68 | | 19-1 in the preceding semester. 25 |
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69 | 69 | | (6) "Open enrollment" means a policy adopted and implemented by a school district 26 |
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70 | 70 | | governing board to allow resident transfer pupils to enroll in any school within the school district. 27 |
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71 | 71 | | to allow resident pupils to enroll in any school located within other school districts in this state, or 28 |
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72 | 72 | | to allow nonresident pupils to enroll in any school within the district. 29 |
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73 | 73 | | (7) "Parent" means a resident of Rhode Island who is the parent or legal guardian of an 30 |
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74 | 74 | | eligible student. 31 |
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75 | 75 | | (8) "Participating school" means any private school that provides education to students in 32 |
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76 | 76 | | fulfillment of any grades, kindergarten through grade twelve (K-12), and has notified the 33 |
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77 | 77 | | department of its intention to participate in the bright today scholarship program and to comply 34 |
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78 | 78 | | |
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79 | 79 | | |
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80 | 80 | | LC001911 - Page 3 of 12 |
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81 | 81 | | with the requirements of the program as defined by this chapter or subsequently regulated by the 1 |
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82 | 82 | | department for the implementation thereof. 2 |
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83 | 83 | | (9) "Participating student" means any eligible student or qualified student who is accepted 3 |
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84 | 84 | | into the bright today scholarship program. 4 |
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85 | 85 | | (10) "Qualified funding" refers to the additional funds allocated by the state for students 5 |
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86 | 86 | | having a disability under section 504 of the Rehabilitation Act of 1973 (29 U.S.C. 794) or chapter 6 |
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87 | 87 | | 24 of title 16. 7 |
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88 | 88 | | (11) "Qualified school" means a nongovernmental primary or secondary school or a 8 |
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89 | 89 | | preschool for handicapped students that is located in this state and that conforms with the 9 |
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90 | 90 | | requirements for such schools within Rhode Island. 10 |
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91 | 91 | | (12) "Qualified student" means a resident of this state who is an "eligible student", and who 11 |
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92 | 92 | | is any of the following: 12 |
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93 | 93 | | (i) Identified as having a disability under section 504 of the Rehabilitation Act of 1973 (29 13 |
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94 | 94 | | U.S.C. 794); or 14 |
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95 | 95 | | (ii) A child with a disability who is eligible to receive services from a school district under 15 |
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96 | 96 | | chapter 24 of title 16. 16 |
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97 | 97 | | (13) "Resident school district" means the public school district in which the student resides. 17 |
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98 | 98 | | (14) "Treasurer" means the office of the Rhode Island general treasurer. 18 |
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99 | 99 | | 16-112-4. Core components and requirements of the bright today scholarship 19 |
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100 | 100 | | program. 20 |
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101 | 101 | | (a) Scholarships. Scholarships are established to provide options for the education of 21 |
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102 | 102 | | students in Rhode Island. 22 |
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103 | 103 | | (b) Enrollment. Any parent of a participating student may enroll the student for a 23 |
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104 | 104 | | scholarship by signing an agreement whereby the parent promises: 24 |
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105 | 105 | | (1) To provide an education for the participating student in at least the subjects of reading, 25 |
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106 | 106 | | grammar, mathematics, social studies and science; 26 |
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107 | 107 | | (2) Not to enroll the participating student in a school district or charter school and release 27 |
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108 | 108 | | the school district from all obligations to educate the qualified student; 28 |
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109 | 109 | | (3) To use the money deposited in the participating student's bright today scholarship 29 |
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110 | 110 | | account only for the following expenses of the participating student: 30 |
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111 | 111 | | (i) Tuition or fees at a participating school or a qualified school; 31 |
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112 | 112 | | (ii) Textbooks required by a participating school, qualified school, or private tutoring 32 |
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113 | 113 | | curriculum; 33 |
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114 | 114 | | (iii) Tutoring services provided by a tutor accredited by a state, regional or national 34 |
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115 | 115 | | |
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116 | 116 | | |
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117 | 117 | | LC001911 - Page 4 of 12 |
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118 | 118 | | accrediting organization; 1 |
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119 | 119 | | (iv) Curriculum; 2 |
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120 | 120 | | (v) Tuition or fees for a non-public online learning program; 3 |
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121 | 121 | | (vi) Fees for a nationally standardized norm-referenced achievement test, advanced 4 |
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122 | 122 | | placement examinations or any exams related to college or university admission; 5 |
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123 | 123 | | (vii) Educational therapies or services for the qualified student from a licensed or 6 |
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124 | 124 | | accredited practitioner or provider, including licensed or accredited paraprofessionals or 7 |
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125 | 125 | | educational aides: 8 |
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126 | 126 | | (viii) Fees for courses at an eligible postsecondary institution, taken prior to the student's 9 |
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127 | 127 | | graduation from high school or the equivalent; 10 |
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128 | 128 | | (ix) Fees for management of the scholarship account by firms selected by the general 11 |
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129 | 129 | | treasurer; and 12 |
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130 | 130 | | (x) Services provided by a public school, including individual classes and extracurricular 13 |
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131 | 131 | | programs; 14 |
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132 | 132 | | (4) Any unspent funds may be rolled over and shall remain in the participating student's 15 |
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133 | 133 | | scholarship for use in future years during the participating student's kindergarten through grade 16 |
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134 | 134 | | twelve (K-12) educational career; 17 |
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135 | 135 | | (5) Not to use monies deposited in the participating student's account for any of the 18 |
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136 | 136 | | following: 19 |
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137 | 137 | | (i) Computer hardware or other technological devices, except as required in lieu of 20 |
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138 | 138 | | textbooks or for the completion of specific course requirements; 21 |
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139 | 139 | | (ii) Transportation of the pupil; and 22 |
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140 | 140 | | (iii) Consumable educational supplies, including, but not limited to, paper, pens or markers; 23 |
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141 | 141 | | (c) Parent payments. Parents will be allowed to make payments for the costs of educational 24 |
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142 | 142 | | programs and services not covered by the funds in their scholarship accounts. 25 |
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143 | 143 | | (d) Department scholarship account fund. In exchange for the parent's agreement pursuant 26 |
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144 | 144 | | to subsection (b) of this section, the department shall transfer from the aggregate monies that would 27 |
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145 | 145 | | otherwise be allocated to the participating student's resident school district a payment for base 28 |
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146 | 146 | | funding or qualified funding as described in subsections (e), (f), and (g) of this section, to the 29 |
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147 | 147 | | general treasurer for deposit into an individual bright today scholarship account to be managed by 30 |
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148 | 148 | | the parents of the student. The department may retain a maximum of three percent (3%) of each 31 |
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149 | 149 | | individual scholarship awarded in any given school year for deposit in the department's scholarship 32 |
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150 | 150 | | account fund to be used for administration of the scholarship program. 33 |
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151 | 151 | | (e) Base funding -- Scholarship award schedule for new and switching students. Grant 34 |
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152 | 152 | | |
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153 | 153 | | |
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154 | 154 | | LC001911 - Page 5 of 12 |
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155 | 155 | | amounts to scholarship accounts of families of eligible students will be determined by the following 1 |
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156 | 156 | | guidelines; provided that, no individual student's scholarship shall exceed six thousand dollars 2 |
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157 | 157 | | ($6,000); 3 |
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158 | 158 | | (1) For students from households qualifying for the federal free or reduced-price lunch 4 |
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159 | 159 | | program, each student's scholarship amount shall be equal to one hundred percent (100%) of the 5 |
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160 | 160 | | resident district's base funding. 6 |
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161 | 161 | | (2) For students from households with annual income greater than the amount required to 7 |
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162 | 162 | | qualify for the free or reduced lunch program but less than or equal to one and one-half (1.5) times 8 |
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163 | 163 | | that amount, each student's scholarship amount shall be equal to seventy-five percent (75%) of the 9 |
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164 | 164 | | resident district's base funding. 10 |
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165 | 165 | | (3) For students from households with annual income of greater than one and one-half (1.5) 11 |
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166 | 166 | | times the amount required to qualify for the free or reduced lunch program but less than or equal 12 |
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167 | 167 | | to two (2) times that amount, each student's scholarship amount shall be equal to fifty percent (50%) 13 |
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168 | 168 | | of the resident district's base funding. 14 |
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169 | 169 | | (4) For students from households with annual income of greater than two (2) times the 15 |
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170 | 170 | | amount required to qualify for the free or reduced lunch program but less than or equal to two and 16 |
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171 | 171 | | one-half (2.5) times that amount, each student's scholarship amount shall be equal to twenty-five 17 |
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172 | 172 | | percent (25%) of the resident district's base funding. 18 |
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173 | 173 | | (5) For students from households with annual income of greater than two and one-half (2.5) 19 |
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174 | 174 | | times the amount required to qualify for the free or reduced lunch program, each student's 20 |
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175 | 175 | | scholarship amount shall be equal to fifteen percent (15%) of the resident district's base funding. 21 |
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176 | 176 | | (f) Base funding -- Scholarship award schedule for students attending private school or 22 |
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177 | 177 | | receiving at-home instruction at the time of enactment. Grant amounts to scholarship accounts of 23 |
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178 | 178 | | families of approved students pursuant to this chapter shall be equal to the scholarships for their 24 |
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179 | 179 | | household income level, as set forth in subsection (e) of this section; provided that, each student's 25 |
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180 | 180 | | scholarship amount shall be reduced by seventy-five percent (75%). 26 |
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181 | 181 | | (g) Qualified funding -- Scholarship awards. For any student having a disability who is 27 |
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182 | 182 | | accepted into the bright today scholarship account program, the scholarship amount will be equal 28 |
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183 | 183 | | to the scholarships for their household income level, as described in this section, plus the additional 29 |
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184 | 184 | | qualified funding designated for that student. The department may reduce the additional qualified 30 |
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185 | 185 | | funding award by an amount sufficient to reimburse the department and the resident school district 31 |
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186 | 186 | | for services assessing the student or developing an individual education plan for that student; 32 |
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187 | 187 | | provided that, such reimbursements shall not exceed five percent (5%) of the additional qualified 33 |
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188 | 188 | | funding award. 34 |
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189 | 189 | | |
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190 | 190 | | |
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191 | 191 | | LC001911 - Page 6 of 12 |
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192 | 192 | | (h) A parent must renew the participating student's scholarship account on an annual basis. 1 |
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193 | 193 | | A student who has previously qualified for a bright today scholarship account shall remain eligible 2 |
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194 | 194 | | to apply for renewal until the student graduates with a high school diploma or the equivalent. 3 |
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195 | 195 | | (i) A participating school, qualified school, or a provider of services purchased pursuant to 4 |
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196 | 196 | | § 16-112-4(b)(3) shall not share, refund, or rebate any bright today scholarship account monies 5 |
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197 | 197 | | with the parent, eligible student, or qualified student in any manner. 6 |
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198 | 198 | | (j) A participating student shall be counted in the enrollment figures for his or her resident 7 |
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199 | 199 | | school district for the purposes of the state funding formula under the permanent foundation 8 |
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200 | 200 | | education aid set forth in chapter 7.2 of this title for as long as that student remains an eligible 9 |
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201 | 201 | | student under this chapter. The department shall subsequently subtract the total aggregate 10 |
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202 | 202 | | scholarship amounts awarded to students within each resident district from that district's state 11 |
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203 | 203 | | school aid. 12 |
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204 | 204 | | (k) In subsequent years following enactment of this chapter, for "participating" students 13 |
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205 | 205 | | who have entered the state's kindergarten through grade twelve (K-12) educational system for the 14 |
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206 | 206 | | first time, fifteen percent (15%) of the total number of such students shall be counted in the 15 |
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207 | 207 | | enrollment figures for his or her resident school district for the purposes of the state funding formula 16 |
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208 | 208 | | under the permanent foundation education aid set forth in chapter 7.2 of this title, for as long as 17 |
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209 | 209 | | those students remain "eligible" students pursuant to the provisions of this chapter. 18 |
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210 | 210 | | (l) Funds in the scholarship account may only be used during the student's kindergarten 19 |
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211 | 211 | | through grade twelve (K-12) educational career. Upon the participating student's graduation with a 20 |
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212 | 212 | | high school diploma or the equivalent, the student's bright today scholarship account shall be closed 21 |
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213 | 213 | | and any remaining funds shall be returned to the Rhode Island department of elementary and 22 |
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214 | 214 | | secondary education. 23 |
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215 | 215 | | (m) Monies received pursuant to this chapter do not constitute taxable income to the parent 24 |
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216 | 216 | | of the participating student. 25 |
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217 | 217 | | 16-112-5. Administration of bright today scholarship accounts. 26 |
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218 | 218 | | (a) The department shall determine a specified "application period" that is between April 27 |
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219 | 219 | | 1 and June 30 of each year during which it will accept applications for the following fiscal year. 28 |
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220 | 220 | | (b) The department shall adopt rules and policies necessary for the administration of 29 |
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221 | 221 | | scholarship accounts. including policies for conducting examinations of use of account funds. 30 |
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222 | 222 | | Conducting random quarterly and annual reviews of accounts, potentially including, but not limited 31 |
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223 | 223 | | to, creating an online anonymous fraud reporting service, and creating an anonymous telephone 32 |
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224 | 224 | | hotline for fraud reporting. 33 |
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225 | 225 | | (c) The general treasurer may contract with private financial management firms to manage 34 |
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226 | 226 | | |
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227 | 227 | | |
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228 | 228 | | LC001911 - Page 7 of 12 |
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229 | 229 | | bright today scholarship accounts; provided the treasurer maintains supervision of the process. 1 |
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230 | 230 | | (d) The debarment shall have the authority to conduct or contract for annual or random 2 |
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231 | 231 | | audits of scholarship accounts, to ensure compliance with this chapter. 3 |
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232 | 232 | | (e) A parent or participating student or vendor may be disqualified from program 4 |
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233 | 233 | | participation if the party is found to have committed an intentional program violation consisting of 5 |
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234 | 234 | | any misrepresentation or other act that materially violates a law or rule governing the program. The 6 |
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235 | 235 | | department may then remove any parent or participating student from future eligibility for a bright 7 |
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236 | 236 | | today scholarship account and shall notify the treasurer. A parent, student, or vendor may appeal 8 |
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237 | 237 | | the department's decision pursuant to an appeal process to be established by the department and as 9 |
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238 | 238 | | set forth in chapter 39 of title 16. 10 |
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239 | 239 | | (f) The department may refer cases of substantial misuse of monies to the attorney general 11 |
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240 | 240 | | for investigation if the department obtains evidence of fraudulent use of an account. 12 |
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241 | 241 | | (g) The department shall make quarterly transfers of the amount calculated for base funding 13 |
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242 | 242 | | and qualified funding pursuant to the provisions of § 16-112-4 to the general treasurer for deposit 14 |
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243 | 243 | | into the individual scholarship account of each qualified student. 15 |
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244 | 244 | | (h) A person commits savings account fraud if the person knowingly obtains by means of 16 |
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245 | 245 | | a false statement or representation, by impersonation, or by other fraudulent device any of the 17 |
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246 | 246 | | following: 18 |
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247 | 247 | | (1) Assistance or service to which that person is not entitled; 19 |
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248 | 248 | | (2) Assistance or service greater than that to which the person is entitled; and 20 |
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249 | 249 | | (3) Payment for services or materials not listed in § 16-112-4(b)(3). 21 |
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250 | 250 | | (i) No financial institution shall be liable in any civil action for providing a scholarship 22 |
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251 | 251 | | account's financial information to the department of education unless the information provided is 23 |
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252 | 252 | | false and the financial institution providing the false information does so knowingly and with 24 |
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253 | 253 | | malice. 25 |
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254 | 254 | | 16-112-6. Administrative and academic accountability standards. 26 |
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255 | 255 | | To hold participating schools accountable and to ensure that certain administrative 27 |
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256 | 256 | | standards are met to treat all students safely and fairly, participating schools shall: 28 |
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257 | 257 | | (1) Comply with all state laws dealing with health and safety that apply to private schools; 29 |
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258 | 258 | | (2) Maintain a valid occupancy permit, as may be required by state or local laws; 30 |
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259 | 259 | | (3) Certify their compliance with nondiscrimination policies and provisions set forth in 42 31 |
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260 | 260 | | U.S.C. 1981; and 32 |
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261 | 261 | | (4) Provide parents with a receipt for all qualifying expenses at the school. 33 |
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262 | 262 | | 16-112-7. Academic accountability standards. 34 |
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263 | 263 | | |
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264 | 264 | | |
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265 | 265 | | LC001911 - Page 8 of 12 |
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266 | 266 | | In order to allow parents and taxpayers to measure the achievements of the program: 1 |
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267 | 267 | | (1) Parents shall ensure that: 2 |
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268 | 268 | | (i) Each year, participating students within their households take either the state 3 |
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269 | 269 | | achievement tests or nationally norm-referenced tests that measure learning gains in math and 4 |
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270 | 270 | | language arts and provide for value-added assessment; 5 |
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271 | 271 | | (ii) The results of these tests are provided to the department on an annual basis, beginning 6 |
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272 | 272 | | with the first year of testing; 7 |
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273 | 273 | | (iii) The student information is reported in a way that would allow the state to aggregate 8 |
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274 | 274 | | data by grade level, gender, family income level, and race; and 9 |
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275 | 275 | | (iv) The department will be informed of the eligible student's graduation from high school, 10 |
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276 | 276 | | or the equivalent. 11 |
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277 | 277 | | (2) The department shall: 12 |
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278 | 278 | | (i) Ensure compliance with all student privacy laws; 13 |
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279 | 279 | | (ii) Collect all test results from all participating students; 14 |
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280 | 280 | | (iii) Provide aggregate test results, associated learning gains, and graduation rates to the 15 |
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281 | 281 | | public via a state website after the third year of test and graduation-related data collection. The 16 |
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282 | 282 | | findings shall be aggregated by the students' grade level, gender, family income level, number of 17 |
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283 | 283 | | years of participation in the scholarship program, and race; 18 |
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284 | 284 | | (iv) Provide graduation rates to the public via a state website after the third year of test and 19 |
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285 | 285 | | test-related data collection; 20 |
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286 | 286 | | (v) Administer an annual parental satisfaction survey that shall ask parents of students 21 |
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287 | 287 | | receiving scholarship accounts to express: 22 |
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288 | 288 | | (A) Their satisfaction with the program; and 23 |
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289 | 289 | | (B) Their opinions on other topics, items, or issues that the state finds would elicit 24 |
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290 | 290 | | information about the effectiveness of scholarship accounts program and the number of years their 25 |
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291 | 291 | | child has participated in the program. 26 |
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292 | 292 | | 16-112-8. Prohibition of state control over nonpublic schools and homeschools. 27 |
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293 | 293 | | (a) This chapter shall not permit any government agency to exercise control or supervision 28 |
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294 | 294 | | over any nonpublic school or homeschool. 29 |
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295 | 295 | | (b) Participating schools or parents or groups providing at-home instructions that accept 30 |
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296 | 296 | | payments from a scholarship account pursuant to this chapter are not agents of the state or federal 31 |
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297 | 297 | | governments. 32 |
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298 | 298 | | (c) A participating or qualified school shall not be required to alter its creed, practices, 33 |
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299 | 299 | | admissions policies, or curricula in order to accept students whose parents pay tuition or fees from 34 |
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300 | 300 | | |
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301 | 301 | | |
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302 | 302 | | LC001911 - Page 9 of 12 |
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303 | 303 | | scholarship accounts pursuant to this chapter in order to participate. 1 |
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304 | 304 | | (d) Participating private schools, providers of at-home instruction, and other education 2 |
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305 | 305 | | providers shall be given the maximum freedom to provide for the educational needs of their 3 |
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306 | 306 | | students without governmental or departmental control. 4 |
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307 | 307 | | (e) In any legal proceeding challenging the application of this chapter to a participating 5 |
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308 | 308 | | school, the state bears the burden of establishing that the law is necessary and does not impose any 6 |
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309 | 309 | | undue burden on participating schools or providers. 7 |
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310 | 310 | | 16-112-9. Responsibilities of the department. 8 |
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311 | 311 | | (a) The department shall ensure that eligible students and their parents are informed 9 |
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312 | 312 | | annually of which schools will be participating in the scholarship account program. Special 10 |
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313 | 313 | | attention shall be paid to ensuring that lower-income families are made aware of the program and 11 |
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314 | 314 | | their options. 12 |
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315 | 315 | | (b) The department shall create a standard form that parents of eligible students can submit 13 |
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316 | 316 | | to establish their students' eligibility for the scholarship account program. The department shall 14 |
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317 | 317 | | ensure that the application is readily available to interested families through various sources, 15 |
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318 | 318 | | including the Internet. 16 |
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319 | 319 | | (c) The department may bar a participating school or education provider from the 17 |
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320 | 320 | | scholarship account program if the department establishes that the participating school or education 18 |
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321 | 321 | | provider has: 19 |
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322 | 322 | | (1) Routinely failed to comply with the accountability standards established in this chapter; 20 |
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323 | 323 | | or 21 |
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324 | 324 | | (2) Failed to provide the eligible student with the educational services funded by the 22 |
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325 | 325 | | scholarship account. 23 |
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326 | 326 | | (d) If the department decides to bar a participating school or education provider from the 24 |
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327 | 327 | | program, it shall notify eligible students and their parents of this decision as quickly as possible. 25 |
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328 | 328 | | (e) The department shall adopt rules and procedures as necessary for the administration of 26 |
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329 | 329 | | the scholarship account program. 27 |
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330 | 330 | | 16-112-10. Responsibilities of the resident school district. 28 |
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331 | 331 | | (a) The resident school district shall provide a participating school or education provider 29 |
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332 | 332 | | that has admitted an eligible student under this program with a complete copy of the student's school 30 |
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333 | 333 | | records, while complying with the Family Educational Rights and Privacy Act of 1974 (20 U.S.C. 31 |
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334 | 334 | | 1232g). 32 |
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335 | 335 | | (b) The resident school district shall provide transportation for an eligible student to and 33 |
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336 | 336 | | from the participating school or education provider under the same conditions as the resident school 34 |
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337 | 337 | | |
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338 | 338 | | |
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339 | 339 | | LC001911 - Page 10 of 12 |
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340 | 340 | | district is required to provide transportation for other resident students to private schools as per 1 |
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341 | 341 | | current law. The resident school district may qualify for any existing state transportation aid for 2 |
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342 | 342 | | each student so transported. 3 |
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343 | 343 | | (c) Nothing in this chapter shall be construed as supplanting the responsibilities of resident 4 |
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344 | 344 | | districts as provided in current law. 5 |
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345 | 345 | | 16-112-11. Open enrollment. 6 |
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346 | 346 | | (a) Definitions. For the purposes of this section: 7 |
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347 | 347 | | (1) "Nonresident pupil" means a pupil who resides in the State of Rhode Island and who is 8 |
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348 | 348 | | enrolled in or is seeking enrollment in a school district other than the school district in which the 9 |
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349 | 349 | | pupil resides. 10 |
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350 | 350 | | (2) "Open enrollment" means a policy adopted and implemented by a school district 11 |
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351 | 351 | | governing board to allow resident transfer pupils to enroll in any school within the school district, 12 |
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352 | 352 | | to allow resident pupils to enroll in any school located within other school districts in this state, or 13 |
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353 | 353 | | to allow nonresident pupils to enroll in any school within the district. 14 |
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354 | 354 | | (3) "Resident transfer pupil" means a resident pupil who is enrolled in or seeking 15 |
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355 | 355 | | enrollment in a school that is within the school district but outside the attendance area of the pupil's 16 |
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356 | 356 | | residence. 17 |
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357 | 357 | | (4) "Receiving school district" means the school district that has accepted enrollment of a 18 |
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358 | 358 | | nonresident pupil. 19 |
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359 | 359 | | (b) Enrollment policies. 20 |
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360 | 360 | | (1) School district governing boards shall establish inter-district open enrollment policies. 21 |
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361 | 361 | | (2) State funding adjustments may be arranged for nonresident pupils only if two (2) school 22 |
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362 | 362 | | districts have entered into a voluntary agreement for such adjustments for certain pupils. These 23 |
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363 | 363 | | policies shall include admission criteria, available capacity, application procedures, and 24 |
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364 | 364 | | transportation provisions. Any and all funding adjustments will be made via associated adjustments 25 |
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365 | 365 | | of the state portion of funds distributed to the mutually agreed districts. 26 |
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366 | 366 | | (3) A copy of the district policies for open enrollment shall be posted on the district's 27 |
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367 | 367 | | website and shall be available to the public on request. 28 |
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368 | 368 | | (i) Each policy shall describe the opportunities for resident pupils to transfer to other 29 |
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369 | 369 | | schools within the district or outside of the district and the opportunities for nonresident pupils to 30 |
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370 | 370 | | transfer to schools within the district. 31 |
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371 | 371 | | (ii) Each nonresident pupil shall be counted in the enrollment figures for his or her new 32 |
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372 | 372 | | "receiving school district." for the purposes of the state funding formula under chapter 7.2 of this 33 |
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373 | 373 | | title. 34 |
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374 | 374 | | |
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375 | 375 | | |
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376 | 376 | | LC001911 - Page 11 of 12 |
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377 | 377 | | (iii) Resident transfer pupils and nonresident pupils shall be permitted to remain in the 1 |
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378 | 378 | | school into which they were initially accepted through completion of the highest grade offered in 2 |
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379 | 379 | | that school and may be given enrollment preference for other schools within the receiving school 3 |
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380 | 380 | | district. 4 |
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381 | 381 | | (iv) A school district may give enrollment preference to and reserve capacity for pupils 5 |
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382 | 382 | | who are children of persons who are employed by or at a school in the school district. 6 |
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383 | 383 | | (v) The resident school district shall provide transportation for a nonresident or resident 7 |
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384 | 384 | | transfer pupils to and from the participating school or education provider under the same conditions 8 |
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385 | 385 | | as the resident school district is required to provide transportation for other resident students to 9 |
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386 | 386 | | private schools as per current law. The resident school district may qualify for any existing state 10 |
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387 | 387 | | transportation aid for each student so transported. 11 |
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388 | 388 | | (vi) Nothing in this section shall be construed to limit or replace specific agreements that 12 |
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389 | 389 | | school districts may have with other school districts upon enactment of this chapter or to limit their 13 |
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390 | 390 | | right to enter into such agreements thereafter. 14 |
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391 | 391 | | (c) District and school immunity. A school district and its employees are immune from 15 |
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392 | 392 | | civil liability for decisions that concern the acceptance or rejection of a nonresident pupil for 16 |
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393 | 393 | | enrollment and that are based on a good faith application of the requirements of this chapter and 17 |
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394 | 394 | | the standards adopted pursuant to this chapter. 18 |
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395 | 395 | | 16-112-12. Commencement of program. 19 |
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396 | 396 | | The bright today scholarship and open enrollment program shall be in effect beginning 20 |
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397 | 397 | | August 1, 2023. 21 |
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398 | 398 | | SECTION 2. This act shall take effect upon passage. 22 |
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400 | 400 | | LC001911 |
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402 | 402 | | |
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403 | 403 | | |
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404 | 404 | | LC001911 - Page 12 of 12 |
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405 | 405 | | EXPLANATION |
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406 | 406 | | BY THE LEGISLATIVE COUNCIL |
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407 | 407 | | OF |
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408 | 408 | | A N A C T |
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409 | 409 | | RELATING TO EDUCATION -- THE BRIGHT TODAY SCHOLARSHIP AND OPEN |
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410 | 410 | | ENROLLMENT EDUCATION ACT |
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411 | 411 | | *** |
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412 | 412 | | This act would provide parents of kindergarten through grade twelve (K-12) students in 1 |
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413 | 413 | | Rhode Island with an opportunity to enroll their child in an educational program of their choosing, 2 |
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414 | 414 | | either via open enrollment in a traditional public school in their own district or any other public 3 |
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415 | 415 | | school district, or by receiving a scholarship, with designated public monies to follow the student 4 |
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416 | 416 | | to a participating private school or private curriculum program selected by the parent. The program 5 |
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417 | 417 | | combines aspects of what are sometimes referred to as "school choice" and "school voucher" 6 |
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418 | 418 | | programs. The program would begin August 1, 2023. 7 |
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419 | 419 | | This act would take effect upon passage. 8 |
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421 | 421 | | LC001911 |
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