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5 | 5 | | 2023 -- H 5791 |
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6 | 6 | | ======== |
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7 | 7 | | LC001719 |
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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 -- RHODE ISLAND PROMISE SCHOLARSHIP |
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16 | 16 | | Introduced By: Representatives Giraldo, Morales, Cruz, and Potter |
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17 | 17 | | Date Introduced: February 22, 2023 |
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18 | 18 | | Referred To: House Finance |
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19 | 19 | | |
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20 | 20 | | |
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21 | 21 | | It is enacted by the General Assembly as follows: |
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22 | 22 | | SECTION 1. Sections 16-107-2, 16-107-4, 16-107-5, 16-107-6, 16-107-7 and 16-107-8 of 1 |
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23 | 23 | | the General Laws in Chapter 16-107 entitled "Rhode Island Promise Scholarship" are hereby 2 |
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24 | 24 | | amended to read as follows: 3 |
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25 | 25 | | 16-107-2. Legislative findings and purpose. 4 |
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26 | 26 | | (a) The general assembly finds and declares that: 5 |
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27 | 27 | | (1) Education is critical for the state's young people to achieve their dreams and develop 6 |
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28 | 28 | | their talents; 7 |
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29 | 29 | | (2) The state's economic success depends on a highly educated and skilled workforce; and 8 |
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30 | 30 | | (3) The state's future prosperity depends upon its ability to make educational opportunities 9 |
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31 | 31 | | beyond high school available for all students as part of a free public education. 10 |
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32 | 32 | | (b) In order to address the findings set forth in subsection (a), the purpose of this chapter 11 |
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33 | 33 | | is to increase the number of students enrolling in and completing degrees on time from the 12 |
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34 | 34 | | community college of Rhode Island a public or private higher education facility in Rhode Island. 13 |
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35 | 35 | | 16-107-4. Definitions. 14 |
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36 | 36 | | When used in this chapter, the following terms shall have the following meanings: 15 |
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37 | 37 | | (1) "ADA" means the American with Disabilities Act, 42 U.S.C. § 12101 et seq., as may 16 |
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38 | 38 | | be amended from time to time; 17 |
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39 | 39 | | (2) "FAFSA" means the Free Application for Federal Student Aid form; 18 |
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40 | 40 | | (3) “Higher education facility” means any public or private institution of postsecondary 19 |
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41 | 41 | | |
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42 | 42 | | |
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43 | 43 | | LC001719 - Page 2 of 7 |
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44 | 44 | | education in Rhode Island, including, but not limited to, institutions licensed, regulated, or given 1 |
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45 | 45 | | oversight by the council on postsecondary education and the office of the postsecondary 2 |
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46 | 46 | | commissioner, as well as any workforce licensing or certificate programs licensed, regulated, or 3 |
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47 | 47 | | given oversight by the council on postsecondary education and the office of the postsecondary 4 |
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48 | 48 | | commissioner. 5 |
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49 | 49 | | (3)(4) "Mandatory fees and tuition" are the costs that every student is required to pay in 6 |
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50 | 50 | | order to enroll in classes, and does not include room and board, textbooks, program fees that may 7 |
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51 | 51 | | exist in some majors, course fees that may exist for some specific courses, meal plans, or travel; 8 |
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52 | 52 | | (4)(5) "On track to graduate on time" means the standards determined by the community 9 |
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53 | 53 | | college of Rhode Island higher education facility in establishing the expectation of a student to 10 |
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54 | 54 | | graduate with an associate's degree within two (2) years of enrollment or a bachelor's degree within 11 |
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55 | 55 | | four (4) years of enrollment or within the time a student enrolled in a program at a higher education 12 |
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56 | 56 | | facility to obtain a license or certificate would be expected to complete the program (recognizing 13 |
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57 | 57 | | that some students, including students who require developmental education, are double majors, or 14 |
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58 | 58 | | are enrolled in certain professional programs may require an extended time period for degree or 15 |
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59 | 59 | | license or certificate completion); 16 |
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60 | 60 | | (5)(6) "Reasonable accommodations" means any necessary modifications or adjustment to 17 |
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61 | 61 | | a facility, equipment, program, or manner of operation as required by the Americans with 18 |
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62 | 62 | | Disabilities Act ("ADA") and section 504 of the Rehabilitation Act of 1973, 29 U.S.C. § 794, as 19 |
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63 | 63 | | may be amended from time to time; 20 |
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64 | 64 | | (6)(7) "Recipient student" means a student attending the community college of Rhode 21 |
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65 | 65 | | Island a higher education facility who qualifies to receive the Rhode Island promise scholarship 22 |
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66 | 66 | | pursuant to § 16-107-6; 23 |
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67 | 67 | | (7)(8)"Scholarship program" means the Rhode Island promise scholarship program that is 24 |
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68 | 68 | | established pursuant to § 16-107-3; 25 |
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69 | 69 | | (8)(9) "State" means the state of Rhode Island; and 26 |
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70 | 70 | | (9)(10) "Student with a disability" means any student otherwise eligible pursuant to § 16-27 |
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71 | 71 | | 107-6 who has a physical, developmental, or hidden disability or disabilities, as defined in § 42-28 |
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72 | 72 | | 87-1, that would create a hardship or other functional obstacles preventing participation in this 29 |
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73 | 73 | | program; and 30 |
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74 | 74 | | (11) "The uniform Rhode Island promise scholarship application" means the form prepared 31 |
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75 | 75 | | by the office of the postsecondary commissioner in Rhode Island and approved by the council on 32 |
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76 | 76 | | postsecondary education. 33 |
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77 | 77 | | 16-107-5. Administration of scholarship program. 34 |
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78 | 78 | | |
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79 | 79 | | |
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80 | 80 | | LC001719 - Page 3 of 7 |
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81 | 81 | | (a) The financial aid office, in conjunction with the office of enrollment management or 1 |
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82 | 82 | | their respective equivalent offices, at the community college of Rhode Island higher education 2 |
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83 | 83 | | facility, shall administer the scholarship program for state residents seeking associate or higher 3 |
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84 | 84 | | degrees who meet the eligibility requirements in this chapter. 4 |
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85 | 85 | | (b) An award of the scholarship program shall cover be the amount that is equal to the 5 |
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86 | 86 | | average the cost of two (2) years of tuition at an area community college as calculated by the office 6 |
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87 | 87 | | of the postsecondary commissioner, readjusted annually, and mandatory fees, less federal and all 7 |
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88 | 88 | | other financial aid monies available to the recipient student. No grant received by students from the 8 |
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89 | 89 | | College Crusade Scholarship Act as established in chapter 70 of this title shall be considered federal 9 |
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90 | 90 | | or financial aid for the purposes of this chapter. 10 |
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91 | 91 | | (c) The scholarship program is limited to one award per student as required by § 16-107-11 |
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92 | 92 | | 6(a)(7). 12 |
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93 | 93 | | 16-107-6. Eligibility for scholarship. 13 |
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94 | 94 | | (a) Beginning with the students who enroll at the community college of Rhode Island a 14 |
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95 | 95 | | higher education facility in the fall of 2017, to be considered for the scholarship, a student: 15 |
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96 | 96 | | (1) Must qualify for in-state tuition and fees pursuant to the residency policy adopted by 16 |
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97 | 97 | | the council on postsecondary education, as amended, supplemented, restated, or otherwise modified 17 |
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98 | 98 | | from time to time ("residency policy"); provided, that, the student must have satisfied the high 18 |
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99 | 99 | | school graduation/equivalency diploma condition prior to reaching nineteen (19) years of age; 19 |
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100 | 100 | | provided, further, that in addition to the option of meeting the requirement by receiving a high 20 |
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101 | 101 | | school equivalency diploma as described in the residency policy, the student can satisfy the 21 |
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102 | 102 | | condition by receiving other certificates or documents of equivalent nature from the state or its 22 |
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103 | 103 | | municipalities as recognized by applicable regulations promulgated by the council on elementary 23 |
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104 | 104 | | and secondary education; 24 |
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105 | 105 | | (2) Must be admitted to, and must enroll and attend the community college of Rhode Island 25 |
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106 | 106 | | a higher education facility as defined in this chapter, on a full-time basis by the semester 26 |
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107 | 107 | | immediately following high school graduation or the semester immediately following receipt of a 27 |
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108 | 108 | | high school equivalency diploma; 28 |
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109 | 109 | | (3) Must complete the FAFSA and any required FAFSA verification, or for persons who 29 |
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110 | 110 | | are legally unable to complete the FAFSA must complete a comparable form created by the 30 |
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111 | 111 | | community college of Rhode Island higher education facility, by the deadline prescribed by the 31 |
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112 | 112 | | community college of Rhode Island higher education facility for each year in which the student 32 |
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113 | 113 | | seeks to receive funding under the scholarship program; 33 |
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114 | 114 | | (4) Must continue to be enrolled on a full-time basis; 34 |
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115 | 115 | | |
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116 | 116 | | |
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117 | 117 | | LC001719 - Page 4 of 7 |
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118 | 118 | | (5) Must maintain an average annual cumulative grade point average (GPA) of 2.5 or 1 |
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119 | 119 | | greater, as determined by the community college of Rhode Island higher education facility; 2 |
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120 | 120 | | (6) Must remain on track to graduate on time as determined by the community college of 3 |
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121 | 121 | | Rhode Island higher education facility; 4 |
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122 | 122 | | (7) Must not have already received an award under this scholarship program; and 5 |
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123 | 123 | | (8) Must commit to live, work, or continue their education in Rhode Island after graduation. 6 |
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124 | 124 | | The community college of Rhode Island higher education facilities shall develop a policy 7 |
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125 | 125 | | that will secure this commitment from recipient students; and 8 |
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126 | 126 | | (9) Must complete and submit the uniform Rhode Island promise scholarship application. 9 |
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127 | 127 | | (b) Notwithstanding the eligibility requirements under subsection (a) of this section 10 |
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128 | 128 | | ("specified conditions"): 11 |
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129 | 129 | | (1) In the case of a recipient student who has an approved medical or personal leave of 12 |
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130 | 130 | | absence or is unable to satisfy one or more specified conditions because of the student's medical or 13 |
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131 | 131 | | personal circumstances, the student may continue to receive an award under the scholarship 14 |
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132 | 132 | | program upon resuming the student's education so long as the student continues to meet all other 15 |
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133 | 133 | | applicable eligibility requirements; 16 |
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134 | 134 | | (2) In the case of a recipient student who is a member of the national guard or a member 17 |
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135 | 135 | | of a reserve unit of a branch of the United States military and is unable to satisfy one or more 18 |
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136 | 136 | | specified conditions because the student is or will be in basic or special military training, or is or 19 |
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137 | 137 | | will be participating in a deployment of the student's guard or reserve unit, the student may continue 20 |
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138 | 138 | | to receive an award under the scholarship program upon completion of the student's basic or special 21 |
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139 | 139 | | military training or deployment; and 22 |
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140 | 140 | | (3) Any student with a disability, otherwise eligible for a scholarship pursuant to the 23 |
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141 | 141 | | provisions of this section, as of May 15, 2021, shall be entitled to access this program and shall be 24 |
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142 | 142 | | afforded all reasonable accommodations, as required by the ADA and the Rehabilitation Act of 25 |
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143 | 143 | | 1973, including, but not limited to, enrolling on a part-time basis, attaining a high school 26 |
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144 | 144 | | diploma/GED by age twenty-one (21), and taking longer than two (2) years to graduate with an 27 |
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145 | 145 | | associate's degree, or continue their education to attain a bachelor's degree or higher degree. 28 |
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146 | 146 | | 16-107-7. Reporting and disbursement. 29 |
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147 | 147 | | (a) On or before November 10 and May 10 of each fiscal year following fiscal year 2017, 30 |
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148 | 148 | | the community college of Rhode Island each higher education facility in Rhode Island where 31 |
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149 | 149 | | students matriculate and use funds of a promise scholarship shall submit a report to the director of 32 |
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150 | 150 | | the office of management and budget, the state budget officer, the house fiscal advisor, the senate 33 |
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151 | 151 | | fiscal advisor, the commissioner of postsecondary education, and the chair of the council on 34 |
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152 | 152 | | |
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153 | 153 | | |
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154 | 154 | | LC001719 - Page 5 of 7 |
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155 | 155 | | postsecondary education detailing the number of students eligible to participate in the scholarship 1 |
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156 | 156 | | program, the amount of federal and institutional financial aid anticipated to be received by recipient 2 |
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157 | 157 | | students, the aggregate tuition and mandatory fee costs attributable to recipient students, and the 3 |
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158 | 158 | | resulting total cost of the scholarship program to the state. The report shall contain such data for 4 |
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159 | 159 | | both the current fiscal year and the most up-to-date forecast for the following fiscal year. Data 5 |
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160 | 160 | | reported shall be subdivided by student-year cohort and shall be accompanied by a written 6 |
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161 | 161 | | explanation detailing the estimating methodology utilized and any impact(s) the forecasted data 7 |
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162 | 162 | | may present to institutional capacity, operational costs, and the tuition/fee revenue base of the 8 |
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163 | 163 | | institution. 9 |
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164 | 164 | | (b) On or before July 1, 2020, and annually on or before July 1 thereafter, the community 10 |
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165 | 165 | | college of Rhode Island council on postsecondary education and the commissioner of 11 |
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166 | 166 | | postsecondary education shall submit a report evaluating the program based on the first two cohorts 12 |
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167 | 167 | | to the governor, speaker of the house, and the president of the senate. This evaluation shall include 13 |
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168 | 168 | | the following: 14 |
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169 | 169 | | (1) The number of students who started in each cohort group; 15 |
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170 | 170 | | (2) The number of students in each cohort group who have attained a degree or certification 16 |
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171 | 171 | | in an on-time manner; 17 |
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172 | 172 | | (3) The number of students in each cohort group who have not attained a degree or 18 |
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173 | 173 | | certification in an on-time manner and an analysis of why that has happened; 19 |
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174 | 174 | | (4) The number of students in each cohort group who began the program but have been 20 |
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175 | 175 | | unable to continue or complete the program and an analysis of why that has happened; 21 |
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176 | 176 | | (5) The costs of the program and the costs of continuing the program; 22 |
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177 | 177 | | (6) Suggestions for ways to increase the success of the program; 23 |
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178 | 178 | | (7) Recommendations as to modifying, continuing, expanding, curtailing, or discontinuing 24 |
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179 | 179 | | the program; and 25 |
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180 | 180 | | (8) Any such other recommendations or information as the community college of Rhode 26 |
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181 | 181 | | Island council on postsecondary education and the commissioner of postsecondary education deem 27 |
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182 | 182 | | appropriate to include in the evaluation. 28 |
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183 | 183 | | (c) The office of management and budget, in consultation with the office of the 29 |
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184 | 184 | | postsecondary commissioner, shall oversee the apportionment and disbursement of all funds 30 |
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185 | 185 | | appropriated for the purpose of the scholarship program. 31 |
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186 | 186 | | 16-107-8. Rules and procedures. 32 |
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187 | 187 | | The council on postsecondary education is hereby authorized to promulgate rules to 33 |
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188 | 188 | | effectuate the purposes of this chapter and the community college of Rhode Island shall establish 34 |
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189 | 189 | | |
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190 | 190 | | |
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191 | 191 | | LC001719 - Page 6 of 7 |
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192 | 192 | | appeal procedures for the award, denial, or revocation of funding under the scholarship program. 1 |
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193 | 193 | | The rules shall be promulgated in accordance with § 16-59-4. 2 |
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194 | 194 | | SECTION 2. This act shall take effect on January 1, 2024. 3 |
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196 | 196 | | LC001719 |
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199 | 199 | | |
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200 | 200 | | LC001719 - Page 7 of 7 |
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201 | 201 | | EXPLANATION |
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202 | 202 | | BY THE LEGISLATIVE COUNCIL |
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203 | 203 | | OF |
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204 | 204 | | A N A C T |
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205 | 205 | | RELATING TO EDUCATION -- RHODE ISLAND PROMISE SCHOLARSHIP |
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206 | 206 | | *** |
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207 | 207 | | This act would expand the promise scholarship program to allow a student who is eligible 1 |
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208 | 208 | | to receive funds under the Rhode Island promise scholarship to use the same funds at most public 2 |
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209 | 209 | | or private institutions of postsecondary education in Rhode Island. 3 |
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210 | 210 | | This act would take effect on January 1, 2024. 4 |
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212 | 212 | | LC001719 |
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