2019 -- H 5919

========

LC002248

========

     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2019

____________

A N   A C T

RELATING TO EDUCATION -- COUNCIL ON POSTSECONDARY EDUCATION [SEE

TITLE 16 CHAPTER 97 - THE RHODE ISLAND BOARD OF EDUCATION ACT]

     Introduced By: Representatives Diaz, Slater, Ajello, Williams, and Maldonado

     Date Introduced: March 28, 2019

     Referred To: House Health, Education & Welfare

     It is enacted by the General Assembly as follows:

     SECTION 1. Chapter 16-59 of the General Laws entitled "Council on Postsecondary

Education [See Title 16 Chapter 97 - The Rhode Island Board of Education Act]" is hereby

amended by adding thereto the following section:

     16-59-9.3. Student Success Act.

     Notwithstanding any other provision of the general or public laws:

     (1) A student, other than a nonimmigrant alien within the meaning of 8 U.S.C. 1101

(a)(15) who meets all of the following requirements, shall be exempt from paying nonresident

tuition at Rhode Island public universities, colleges or community colleges if he or she:

     (i) Attended an approved Rhode Island high school for three (3) or more consecutive

years;

     (ii) Continues to reside in the state of Rhode Island;

     (iii) Has graduated from an approved Rhode Island high school or received a high school

equivalency diploma from the state of Rhode Island;

     (iv) Has filed, or will file, upon matriculation, with the Rhode Island public university,

college or community college of expected attendance, an affidavit stating that:

     (A) The student meets the requirements of subsections (1)(i) and (1)(ii) of this section;

and

     (B) If the student is not a U.S. citizen and does not have a lawful immigration status, that

the student has filed an application for lawful immigration status, or will file such an application

as soon as they are eligible to do so. The affidavit shall not require students to reveal their

immigration or citizenship status.

     (2) Any non-immigrant foreign national student, who has resided in Rhode Island for

three (3) years and has attended a Rhode Island high school for three (3) years, will be eligible to

pay the same in-state tuition as any other Rhode Island student.

     (3) Identifiable student information obtained pursuant to subsection (1)(iii) of this section

shall be confidential to the extent provided by state and federal law (including the federal Family

Educational Rights and Privacy Act (FERPA)). If information obtained pursuant to this section

regarding a student's immigration status is provided to any agency for purposes other than the

implementation of this section, the entity providing the information shall promptly notify the

student.

     (4) The Rhode Island Council for Postsecondary Education shall prescribe rules and

regulations as may be necessary for the implementation of this section.

     SECTION 2. This act shall take effect upon passage.

========

LC002248

========

LC002248 - Page 2 of 3

EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N   A C T

RELATING TO EDUCATION -- COUNCIL ON POSTSECONDARY EDUCATION [SEE

TITLE 16 CHAPTER 97 - THE RHODE ISLAND BOARD OF EDUCATION ACT]

***

     This act would create the "Rhode Island Student Success Act" which would identify

those students who are exempt from paying nonresident tuition at public universities, colleges or

community colleges.

     This act would take effect upon passage.

========

LC002248

========

LC002248 - Page 3 of 3