Rhode Island 2023 Regular Session

Rhode Island House Bill H5858 Compare Versions

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

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5	5	2023 -- H 5858
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7	7	LC002057
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9	9	S TATE OF RHODE IS LAND
10	10	IN GENERAL ASSEMBLY
11	11	JANUARY SESSION, A.D. 2023
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13	13
14	14	A N A C T
15	15	RELATING TO EDUCATION -- FAILING SCHOOL CHOICE ACT
16	16	Introduced By: Representatives Chippendale, Rea, Nardone, Place, and J. Brien
17	17	Date Introduced: March 01, 2023
18	18	Referred To: House Education
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21	21	It is enacted by the General Assembly as follows:
22	22	SECTION 1. Title 16 of the General Laws entitled "EDUCATION" is hereby amended by 1
23	23	adding thereto the following chapters: 2
24	24	CHAPTER 112 3
25	25	FAILING SCHOOL CHOICE ACT 4
26	26	16-112-1. Short title. 5
27	27	This chapter shall be known and may be cited as the "Failing School Choice Act". 6
28	28	16-112-2. Purpose. 7
29	29	Any student who is assigned to a failing school, as defined by the department of education 8
30	30	as the bottom fifteen percent (15%) of public schools in Rhode Island as defined in § 16-112-5, 9
31	31	shall be eligible to utilize the provisions of this chapter to petition any public school with available 10
32	32	capacity to enroll in that school. A receiving school, of the parent’s choice, may enroll any 11
33	33	nonresident students. 12
34	34	16-112-3. Funding. 13
35	35	Receiving schools shall be eligible for the state aid portion of the per-pupil aid from the 14
36	36	sending local education agency (LEA) in accordance with the state aid education funding formula 15
37	37	for reimbursement. The sending LEA shall pay and reimburse the receiving LEA for the full tuition 16
38	38	costs being paid for the student by the sending LEA with respect to any student with special needs 17
39	39	or an individual education plan. 18
40	40	16-112-4. Eligibility. 19
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44	44	(a) Students currently enrolled in failing schools shall be eligible for school choice pursuant 1
45	45	to § 16-112-2. 2
46	46	(b) A receiving school may expel any student who has been suspended two (2) times or 3
47	47	more in a single school year. Any student who is expelled during the current school year is only 4
48	48	eligible for enrollment in their home district for that school year. The suspended student shall be 5
49	49	eligible for school choice for the next school year; provided, that if the student is again expelled, 6
50	50	the student shall be ineligible for school choice for four (4) consecutive years. 7
51	51	16-112-5. Reporting requirements. 8
52	52	(a) Every five (5) years, the department of education shall reclassify schools based upon 9
53	53	their performance except for students participating in the school choice program as set forth in § 10
54	54	16-112-4. Students attending a school that falls into the bottom fifteen percent (15%), shall be 11
55	55	eligible for school choice. At no time shall any student who has been granted school choice lose 12
56	56	that status, except as set forth in § 16-112-4(b). 13
57	57	(b) Every five (5) years, the department of education shall determine the functional 14
58	58	capacity of each school, in every school district, to determine the number of school choice students 15
59	59	available for enrollment. 16
60	60	(c) Any student who has enrolled in a receiving school under § 16-112-4 shall be entitled 17
61	61	to attend the receiving school through the highest grade level offered by the failing school. 18
62	62	16-112-6. Transportation. 19
63	63	(a) Parents participating in school choice may utilize state school transportation only within 20
64	64	the same transportation region as defined in § 16-21.1-2. 21
65	65	(b) Parents participating in school choice may utilize private school transportation to send 22
66	66	the student to any school district. 23
67	67	(c) School transportation shall be provided at the sending school district’s expense or from 24
68	68	the Rhode Island education revitalization fund (RIERF), as provided in chapter 113 of title 16, as 25
69	69	long as the receiving school is in the same transportation region as the student’s sending school 26
70	70	subject to regulations promulgated by the Rhode Island department of education. 27
71	71	(d) Funding for transportation inside transportation regions shall be pursuant to § 16-21.1-28
72	72	2. 29
73	73	16-112-7. Rules and regulations. 30
74	74	The department of education shall promulgate rules and regulations to implement the 31
75	75	provisions of this chapter. 32
76	76	CHAPTER 113 33
77	77	RHODE ISLAND EDUCATION REVITALIZATION FUND ACT 34
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81	81	16-113-1. Short title. 1
82	82	This chapter shall be known and may be cited as the "Rhode Island Education 2
83	83	Revitalization Fund Act". 3
84	84	16-113-2. Purpose. 4
85	85	The State of Rhode Island shall establish the Rhode Island education revitalization fund 5
86	86	(RIERF) to provide funds for any school choice program pursuant to chapter 112 of title 16. 6
87	87	16-113-3. Funding. 7
88	88	(a) There shall be created a statewide property tax on all real property of any private college 8
89	89	or university, nonprofit college or university, or any other post-secondary school. 9
90	90	(b) The amount of the tax in subsection (a) of this section shall be based upon the 10
91	91	endowment of the private college or university, nonprofit college or university, or any other post-11
92	92	secondary school. 12
93	93	(c) The amount to be collected to fund this chapter shall be included in the annual budget 13
94	94	bill approved by the general assembly each fiscal year. 14
95	95	SECTION 2. Title 16 of the General Laws entitled "EDUCATION" is hereby amended by 15
96	96	adding thereto the following chapter: 16
97	97	CHAPTER 7.3 17
98	98	EDUCATION SAVINGS ACCOUNTS PROGRAM 18
99	99	16-7.3-1. Education savings accounts program established. 19
100	100	(a) Upon request to the Rhode Island department of education of any parent, guardian or 20
101	101	caretaker of any school age child in the state, the general treasurer shall establish, in any form as 21
102	102	the general treasurer deems appropriate, an education savings account program. The purpose of the 22
103	103	program shall be to assist and support the parent(s), guardian(s) and caretaker(s) of each student in 23
104	104	the state with the tuition, materials, tutors, technology and other educational support in order that 24
105	105	the parent(s), guardian(s), or caretaker(s) of any student with an education savings account shall be 25
106	106	entitled to utilize, at their sole discretion, any funds in the education savings account established 26
107	107	for the student for tuition, tutoring, technology, supplies and any other learning support measures 27
108	108	or materials for any student learning at home or at any other remote-learning site, public school, or 28
109	109	private school. 29
110	110	(b) Each education savings account shall be maintained in a restricted receipt savings 30
111	111	account and shall be managed by the parent(s), guardian(s), or caretaker(s) of the student. 31
112	112	(c) The Rhode Island department of education shall determine the available per pupil cost 32
113	113	of the student's home school district to the existing students of the school district. Said per pupil 33
114	114	cost shall be set aside by the school district in the restricted receipt savings account established for 34
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118	118	each student of the school district entitled to an education savings account. 1
119	119	(d) The parent(s), guardian(s), or caretaker(s) of each student for whom an education 2
120	120	savings account is established may contribute additional monies to such account. 3
121	121	(e) For state income tax purposes, the amount contributed and the annual earnings 4
122	122	therefrom contributed to an education savings account by a parent, guardian or caretaker shall be 5
123	123	exempt from the state income tax and shall not be included in the Rhode Island personal income 6
124	124	tax of the parent(s), guardian(s) or caretaker(s) making the contribution to the education savings 7
125	125	account. 8
126	126	(f) The parent(s), guardian(s), or caretaker(s) of any student with an education savings 9
127	127	account shall be entitled to utilize, at their sole discretion, any funds in the education savings 10
128	128	account established for the student for tuition, tutoring, technology, supplies and any other learning 11
129	129	support measures or materials for any student learning at home or at any other remote-learning site, 12
130	130	public school, or private school. 13
131	131	(g) Once a parent, guardian, or caretaker of a student accesses and utilizes funds from an 14
132	132	education savings account established pursuant to this chapter to enable their student to attend 15
133	133	another public school: 16
134	134	(1) Their student shall be ineligible to return to their previous, sending public school during 17
135	135	the remainder of that school year; and 18
136	136	(2) The receiving district, if it is a public school district, shall be able to negotiate the tuition 19
137	137	to be charged for the student to attend school in that receiving district, prior to the student attending 20
138	138	school in that district. 21
139	139	SECTION 3. This act shall take effect upon passage. 22
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146	146	EXPLANATION
147	147	BY THE LEGISLATIVE COUNCIL
148	148	OF
149	149	A N A C T
150	150	RELATING TO EDUCATION -- FAILING SCHOOL CHOICE ACT
151	151	***
152	152	This act would establish the Failing School Choice Act and would permit students at failing 1
153	153	schools to enroll in any public school. This act would also establish the Rhode Island education 2
154	154	revitalization fund to provide funding to the school choice program. 3
155	155	This act would take effect upon passage. 4
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