2022 -- S 2278 | |
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LC004513 | |
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STATE OF RHODE ISLAND | |
IN GENERAL ASSEMBLY | |
JANUARY SESSION, A.D. 2022 | |
____________ | |
A N A C T | |
RELATING TO EDUCATION -- THE BRIGHT TODAY SCHOLARSHIP AND OPEN | |
ENROLLMENT EDUCATION ACT | |
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Introduced By: Senators de la Cruz, Rogers, Paolino, and E Morgan | |
Date Introduced: February 15, 2022 | |
Referred To: Senate Education | |
It is enacted by the General Assembly as follows: | |
1 | SECTION 1. Title 16 of the General Laws entitled "EDUCATION" is hereby amended by |
2 | adding thereto the following chapter: |
3 | CHAPTER 112 |
4 | THE BRIGHT TODAY SCHOLARSHIP AND OPEN ENROLLMENT EDUCATION ACT |
5 | 16-112-1. Short title. |
6 | This act shall be known and may be cited as "The Bright Today Scholarship and Open |
7 | Enrollment Education Act." |
8 | 16-112-2. Purpose. |
9 | (a) The purpose of this chapter is to provide parents of kindergarten through twelve (K-12) |
10 | students in Rhode Island with an opportunity to enroll their child in an educational program of their |
11 | choosing, either via open enrollment in a traditional public school in their own district or in any |
12 | other public school district, or by receiving a scholarship, with designated public monies to follow |
13 | the student to the private school or private curriculum program selected by the parent. |
14 | (b) National research demonstrates that with scholarships, similar to those provided for in |
15 | this chapter, public school districts can actually save money and in most instances also see |
16 | improved academic outcomes because of the new "parental" accountability standards they will be |
17 | held to. |
18 | (c) Further, this chapter has been crafted to ensure that more money per pupil remains in |
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1 | public school districts, even after scholarships have been awarded from the state portion of |
2 | educational funding to districts. |
3 | 16-112-3. Definition of Terms. |
4 | As used in this chapter, the following terms shall have the following meanings unless the |
5 | context clearly indicates otherwise: |
6 | (1) "Base funding" means and refers to a resident district's funding from state and local |
7 | sources to serve and educate students on a per pupil basis. Federal funds are not included. |
8 | (2) "Bright today scholarships" (scholarships), sometimes referred to in this chapter as |
9 | "Educations savings accounts (ESAs)." means and will be offered to all students that are, or will |
10 | become, enrolled in any public, private, or home school system in the State of Rhode Island. The |
11 | scholarships allow parents to utilize certain funds that would normally be allocated to their child at |
12 | their resident school district for an educational program as determined by the parents or guardian |
13 | of the child. |
14 | (3) "Curriculum" means a complete course of study for a particular content area or grade |
15 | level, including any supplemental materials required by the curriculum. |
16 | (4) "Department" means the Rhode Island department of elementary and secondary |
17 | education (RIDE) or any other organization designated by RIDE to administer the bright today |
18 | scholarship program. |
19 | (5) "Open enrollment" means a policy adopted and implemented by a school district |
20 | governing board to allow resident transfer pupils to enroll in any school within the school district. |
21 | to allow resident pupils to enroll in any school located within other school districts in this state, or |
22 | to allow nonresident pupils to enroll in any school within the district. |
23 | (6) "Eligible student" means any kindergarten through twelve (K-12) student who meets |
24 | any of the following requirements: |
25 | (i) Attended a public school as a full-time student in Rhode Island in the preceding |
26 | semester; |
27 | (ii) Is beginning school in Rhode Island for the first time; or |
28 | (iii) Attended a private school or received at-home instruction in conformance with § 16- |
29 | 19-1 in the preceding semester. |
30 | (7) "Resident school district" means the public school district in which the student resides. |
31 | (8) "Participating school" means any private school that provides education to students in |
32 | fulfillment of any grades, kindergarten through twelve (K-12), and has notified the department of |
33 | its intention to participate in the bright today scholarship program and to comply with the |
34 | requirements of the program as defined by this chapter or subsequently regulated by the department |
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1 | for the implementation thereof. |
2 | (9) "Participating student" means any eligible student or qualified student who is accepted |
3 | into the bright today scholarship program. |
4 | (10) "Parent" means a resident of Rhode Island who is the parent or legal guardian of an |
5 | eligible student. |
6 | (11) "Qualified school" means a nongovernmental primary or secondary school or a |
7 | preschool for handicapped students that is located in this state and that conforms with the |
8 | requirements for such schools within Rhode Island. |
9 | (12) "Qualified student" means a resident of this state who is an "eligible student", and who |
10 | is any of the following: |
11 | (i) Identified as having a disability under section 504 of the Rehabilitation Act of 1973 (29 |
12 | U.S.C. 794); or |
13 | (ii) A child with a disability who is eligible to receive services from a school district under |
14 | chapter 24 of title 16. |
15 | (13) "Qualified funding" refers to the additional funds allocated by the state for students |
16 | having a disability under section 504 of the Rehabilitation Act of 1973 (29 U.S.C. 794) or chapter |
17 | 24 of title 16. |
18 | (14) "Treasurer" means the office of the Rhode Island general treasurer. |
19 | 16-112-4. Core components and requirements of the bright today scholarship |
20 | program. |
21 | (a) Scholarships. Scholarships are established to provide options for the education of |
22 | students in Rhode Island. |
23 | (b) Enrollment. Any parent of a participating student may enroll the student for a |
24 | scholarship by signing an agreement whereby the parent promises: |
25 | (1) To provide an education for the participating student in at least the subjects of reading, |
26 | grammar, mathematics, social studies and science; |
27 | (2) Not to enroll the participating student in a school district or chatter school and release |
28 | the school district from all obligations to educate the qualified student; |
29 | (3) To use the money deposited in the participating student's bright today scholarship |
30 | account only for the following expenses of the participating student: |
31 | (i) Tuition or fees at a participating school or a qualified school; |
32 | (ii) Textbooks required by a participating school , qualified school , or private tutoring |
33 | curriculum; |
34 | (iii) Tutoring services provided by a tutor accredited by a state, regional or national |
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1 | accrediting organization; |
2 | (iv) Curriculum; |
3 | (v) Tuition or fees for a non-public online learning program; |
4 | (vi) Fees for a nationally standardized norm-referenced achievement test, advanced |
5 | placement examinations or any exams related to college or university admission; |
6 | (vii) Educational therapies or services for the qualified student from a licensed or |
7 | accredited practitioner or provider, including licensed or accredited paraprofessionals or |
8 | educational aides: |
9 | (viii) Fees for courses at an eligible postsecondary institution, taken prior to the student's |
10 | graduation from high school or the equivalent; |
11 | (ix) Fees for management of the scholarship account by firms selected by the general |
12 | treasurer; and |
13 | (x) Services provided by a public school, including individual classes and extracurricular |
14 | programs; |
15 | (4) Any unspent funds may be rolled over and shall remain in the participating student's |
16 | scholarship for use in future years during the participating student's kindergarten through twelve |
17 | (K-12) educational career; |
18 | (5) Not to use monies deposited in the participating student's account for any of the |
19 | following: |
20 | (i) Computer hardware or other technological devices, except as required i lieu of textbooks |
21 | or for the completion of specific course requirements; |
22 | (ii) Transportation of the pupil; and |
23 | (iii) Consumable educational supplies, including, but not limited to, paper, pens or markers; |
24 | (c) Parent payments. Parents will be allowed to make payments for the costs of educational |
25 | programs and services not covered by the funds in their scholarship accounts. |
26 | (d) Department scholarship account fund. In exchange for the parent's agreement pursuant |
27 | to subsection (b) of this section, the department shall transfer from the aggregate monies that would |
28 | otherwise be allocated to the participating student's resident school district a payment for base |
29 | funding or qualified funding as described in subsections (e), (f), and (g) of this section, to the |
30 | general treasurer for deposit into an individual bright today scholarship account to be managed by |
31 | the parents of the student. The department may retain a maximum of three percent (3%) of each |
32 | individual scholarship awarded in any given school year for deposit in the department's scholarship |
33 | account fund to be used for administration of the scholarship program. |
34 | (e) Base funding -- Scholarship award schedule for new and switching students. Grant |
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1 | amounts to scholarship accounts of families of eligible students will be determined by the following |
2 | guidelines, provided that no individual student's scholarship shall exceed six thousand dollars |
3 | ($6,000); |
4 | (1) For students from households qualifying for the federal free or reduced-price lunch |
5 | program, each student's scholarship amount shall be equal to one hundred percent (100%) of the |
6 | resident district's base funding. |
7 | (2) For students from households with annual income greater than the amount required to |
8 | qualify for the free or reduced lunch program but less than or equal to one and one-half (1.5) times |
9 | that amount, each student's scholarship amount shall be equal to seventy-five percent (75%) of the |
10 | resident district's base funding. |
11 | (3) For students from households with annual income of greater than one and one-half (1.5) |
12 | times the amount required to qualify for the free or reduced lunch program but less than or equal |
13 | to two (2) times that amount, each student's scholarship amount shall be equal to fifty percent (50%) |
14 | of the resident district's base funding. |
15 | (4) For students from households with annual income of greater than two (2) times the |
16 | amount required to qualify for the free or reduced lunch program but less than or equal to two and |
17 | one-half (2.5) times that amount, each student's scholarship amount shall be equal to twenty-five |
18 | percent (25%) of the resident district's base funding. |
19 | (5) For students from households with annual income of greater than two and one-half (2.5) |
20 | times the amount required to qualify for the free or reduced lunch program, each student's |
21 | scholarship amount shall be equal to fifteen percent (15%) of the resident district's base funding. |
22 | (f) Base funding -- Scholarship award schedule for students attending private school or |
23 | receiving at-home instruction at the time of enactment. Grant amounts to scholarship accounts of |
24 | families of approved students pursuant to this chapter shall be equal to the scholarships for their |
25 | household income level, as set forth in subsection (e) of this section, provided that each student's |
26 | scholarship amount shall be reduced by seventy-five percent (75%). |
27 | (g) Qualified funding -- Scholarship awards. For any student having a disability who is |
28 | accepted into the bright today scholarship account program, the scholarship amount will be equal |
29 | to the scholarships for their household income level, as described in this section, plus the additional |
30 | qualified funding designated for that student. The department may reduce the additional qualified |
31 | funding award by an amount sufficient to reimburse the department and the resident school district |
32 | for services assessing the student or developing an individual education plan for that student; |
33 | provided that such reimbursements shall not exceed five percent (5%) of the additional qualified |
34 | funding award. |
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1 | (h) A parent must renew the participating student's scholarship account on an annual basis. |
2 | A student who has previously qualified for a bright today scholarship account shall remain eligible |
3 | to apply for renewal until the student graduates with a high school diploma or the equivalent. |
4 | (i) A participating school, qualified school, or a provider of services purchased pursuant to |
5 | § 16-112-4(b)(3) shall not share, refund, or rebate any bright today scholarship account monies |
6 | with the parent, eligible student, or qualified student in any manner. |
7 | (j) A participating student shall be counted in the enrollment figures for his or her resident |
8 | school district for the purposes of the state funding formula under the permanent foundation |
9 | education aid set forth in chapter 7.2 of this title for as long as that student remains an eligible |
10 | student under this chapter. The department shall subsequently subtract the total aggregate |
11 | scholarship amounts awarded to students within each resident district from that district's state |
12 | school aid. |
13 | (k) In subsequent years following enactment of this chapter, for "participating" students |
14 | who have entered the state's kindergarten through twelve (K-12) educational system for the first |
15 | time, fifteen percent (15%) of the total number of such students shall be counted in the enrollment |
16 | figures for his or her resident school district for the purposes of the state funding formula under, |
17 | for as long as those students remain "eligible" students pursuant to the provisions of this chapter. |
18 | (l) Funds in the scholarship account may only be used during the student's kindergarten |
19 | through twelve (K-12) educational career. Upon the participating student's graduation with a high |
20 | school diploma or the equivalent, the student's bright today scholarship account shall be closed and |
21 | any remaining funds shall be returned to the Rhode Island department of elementary and secondary |
22 | education. |
23 | (m) Monies received pursuant to this chapter do not constitute taxable income to the parent |
24 | of the participating student. |
25 | 16-112-5. Administration of bright today scholarship accounts. |
26 | (a) The department shall determine a specified "application period" that is between April |
27 | 1 and June 30 of each year during which it will accept applications for the following fiscal year. |
28 | (b) The department shall adopt rules and policies necessary for the administration of |
29 | scholarship accounts. including policies for conducting examinations of use of account funds. |
30 | Conducting random quarterly and annual reviews of accounts, potentially including, but not limited |
31 | to, creating an online anonymous fraud reporting service, and creating an anonymous telephone |
32 | hotline for fraud reporting. |
33 | (c) The general treasurer may contract with private financial management firms to manage |
34 | bright today scholarship accounts, provided the treasurer maintains supervision of the process. |
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1 | (d) The debarment shall have the authority to conduct or contract for annual or random |
2 | audits of scholarship accounts, to ensure compliance with this chapter. |
3 | (e) A parent or participating student or vendor may be disqualified from program |
4 | participation if the party is found to have committed an intentional program violation consisting of |
5 | any misrepresentation or other act that materially violates a law or rule governing the program. The |
6 | department may then remove any parent or participating student from future eligibility for a bright |
7 | today scholarship account and shall notify the treasurer. A parent, student, or vendor may appeal |
8 | the department's decision pursuant to an appeal process to be established by the department and as |
9 | set forth in chapter 39 of title 16. |
10 | (f) The department may refer cases of substantial misuse of monies to the attorney general |
11 | for investigation if the department obtains evidence of fraudulent use of an account. |
12 | (g) The department shall make quarterly transfers of the amount calculated for base funding |
13 | and qualified funding pursuant to the provisions of § 16-112-4 to the general treasurer for deposit |
14 | into the individual scholarship account of each qualified student. |
15 | (h) A person commits savings account fraud if the person knowingly obtains by means of |
16 | a false statement or representation, by impersonation, or by other fraudulent device any of the |
17 | following: |
18 | (1) Assistance or service to which that person is not entitled; |
19 | (2) Assistance or service greater than that to which the person is entitled; and |
20 | (3) Payment for services or materials not listed in § 16-112-4(b)(3). |
21 | (i) No financial institution shall be liable in any civil action for providing a scholarship |
22 | account's financial information to the department of education unless the information provided is |
23 | false and the financial institution providing the false information docs so knowingly and with |
24 | malice. |
25 | 16-112-6. Administrative and academic accountability standards. |
26 | (a) To hold participating schools accountable and to ensure that certain administrative |
27 | standards are met to treat all students safely and fairly, participating schools shall: |
28 | (1) Comply with all state laws dealing with health and safety that apply to private schools; |
29 | (2) Maintain a valid occupancy permit, as may be required by state or local laws; |
30 | (3) Certify their compliance with nondiscrimination policies and provisions set forth in 42 |
31 | U.S.C. 1981; and |
32 | (4) Provide parents with a receipt for all qualifying expenses at the school. |
33 | 16-112-7. Academic Accountability Standards. |
34 | (a) In order to allow parents and taxpayers to measure the achievements of the program: |
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1 | (1) Parents shall ensure that: |
2 | (i) Each year, participating students within their households take either the state |
3 | achievement tests or nationally norm-referenced tests that measure learning gains in math and |
4 | language arts and provide for value-added assessment; |
5 | (ii) The results of these tests are provided to the department on an annual basis, beginning |
6 | with the first year of testing; |
7 | (iii) The student information is reported in a way that would allow the state to aggregate |
8 | data by grade level, gender, family income level, and race; and |
9 | (iv) The department will be informed of the eligible student's graduation from high school, |
10 | or the equivalent. |
11 | (2) The department shall: |
12 | (i) Ensure compliance with all student privacy laws; |
13 | (ii) Collect all test results from all participating students; |
14 | (iii) Provide aggregate test results, associated learning gains, and graduation rates to the |
15 | public via a state website after the third year of test and graduation-related data collection. The |
16 | findings shall be aggregated by the students' grade level, gender, family income level, number of |
17 | years of participation in the scholarship program, and race; |
18 | (iv) Provide graduation rates to the public via a state website after the third year of test and |
19 | test-related data collection; |
20 | (v) Administer an annual parental satisfaction survey that shall ask parents of students |
21 | receiving scholarship accounts to express: |
22 | (A) Their satisfaction with the program; and |
23 | (B) Their opinions on other topics, items, or issues that the state finds would elicit |
24 | information about the effectiveness of scholarship accounts program and the number of years their |
25 | child has participated in the program. |
26 | 16-112-8. Prohibition of state control over non-public schools and homeschools. |
27 | (a) This chapter shall not permit any government agency to exercise control or supervision |
28 | over any nonpublic school or homeschool. |
29 | (b) Participating schools or parents or groups providing at-home instructions that accept |
30 | payments from a scholarship account pursuant to this chapter are not agents of the state or federal |
31 | governments. |
32 | (c) A participating or qualified school shall not be required to alter its creed, practices, |
33 | admissions policies, or curricula in order to accept students whose parents pay tuition or fees from |
34 | scholarship accounts pursuant to this chapter in order to participate. |
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1 | (d) Participating private schools, providers of at-home instruction, and other education |
2 | providers shall be given the maximum freedom to provide for the educational needs of their |
3 | students without governmental or departmental control. |
4 | (e) In any legal proceeding challenging the application of this chapter to a participating |
5 | school, the state bears the burden of establishing that the law is necessary and does not impose any |
6 | undue burden on participating schools or providers. |
7 | 16-112-9. Responsibilities of the department. |
8 | (a) The department shall ensure that eligible students and their parents are informed |
9 | annually of which schools will be participating in the scholarship account program. Special |
10 | attention shall be paid to ensuring that lower-income families are made aware of the program and |
11 | their options. |
12 | (b) The department shall create a standard form that parents of eligible students can submit |
13 | to establish their students' eligibility for the scholarship account program. The department shall |
14 | ensure that the application is readily available to interested families through various sources, |
15 | including the Internet. |
16 | (c) The department may bar a participating school or education provider from the |
17 | scholarship account program if the department establishes that the participating school or education |
18 | provider has: |
19 | (1) Routinely failed to comply with the accountability standards established m this chapter; |
20 | or |
21 | (2) Failed to provide the eligible student with the educational services funded by the |
22 | scholarship account. |
23 | (d) If the department decides to bar a participating school or education provider from the |
24 | program, it shall notify eligible students and their parents of this decision as quickly as possible. |
25 | (e) The department shall adopt rules and procedures as necessary for the administration of |
26 | the scholarship account program |
27 | 16-112-10. Responsibilities of the resident school district. |
28 | (a) The resident school district shall provide a participating school or education provider |
29 | that has admitted an eligible student under this program with a complete copy of the student's school |
30 | records, while complying with the Family Educational Rights and Privacy Act of 1974 (20 U .S.C. |
31 | 1232 g). |
32 | (b) The resident school district shall provide transportation for an eligible student to and |
33 | from the participating school or education provider under the same conditions as the resident school |
34 | district is required to provide transportation for other resident students to private schools as per |
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1 | current law. The resident school district may qualify for any existing state transportation aid for |
2 | each student so transported. |
3 | (c) Nothing in this chapter shall be construed as supplanting the responsibilities of resident |
4 | districts as provided in current law |
5 | 16-112-11. Open enrollment. |
6 | (a) Definitions. For the purposes of this section: |
7 | (1) "Nonresident pupil" means a pupil who resides in the state of Rhode Island and who is |
8 | enrolled in or is seeking enrollment in a school district other than the school district in which the |
9 | pupil resides. |
10 | (2) "Open enrollment" means a policy adopted and implemented by a school district |
11 | governing board to allow resident transfer pupils to enroll in any school within the school district, |
12 | to allow resident pupils to enroll in any school located within other school districts in this state, or |
13 | to allow nonresident pupils to enroll in any school within the district. |
14 | (3) "Resident transfer pupil" means a resident pupil who is enrolled in or seeking |
15 | enrollment in a school that is within the school district but outside the attendance area of the pupil's |
16 | residence. |
17 | (4) "Receiving school district" means the school district that has accepted enrollment of a |
18 | nonresident pupil. |
19 | (b) Enrollment policies. |
20 | (1) School district governing boards shall establish inter-district open enrollment policies. |
21 | (2) State funding adjustments may be arranged for nonresident pupils only if two (2) school |
22 | districts have entered into a voluntary agreement for such adjustments for certain pupils. These |
23 | policies shall include admission criteria, available capacity, application procedures, and |
24 | transportation provisions. Any and all funding adjustments will be made via associated adjustments |
25 | of the state portion of funds distributed to the mutually agreed districts. |
26 | (3) A copy of the district policies for open enrollment shall be posted on the district's |
27 | website and shall be available to the public on request. |
28 | (i) Each policy shall describe the opportunities for resident pupils to transfer to other |
29 | schools within the district or outside of the district and the opportunities for nonresident pupils to |
30 | transfer to schools within the district. |
31 | (ii) Each nonresident pupil shall be counted in the enrollment figures for his or her new |
32 | "receiving school district." for the purposes of the state funding formula under chapter 7.2 of this |
33 | title. |
34 | (iii) Resident transfer pupils and nonresident pupils shall be permitted to remain in the |
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1 | school into which they were initially accepted through completion of the highest grade offered in |
2 | that school and may be given enrollment preference for other schools within the receiving school |
3 | district. |
4 | (iv) A school district may give enrollment preference to and reserve capacity for pupils |
5 | who are children of persons who are employed by or at a school in the school district. |
6 | (v) The resident school district shall provide transportation for a nonresident or resident |
7 | transfer pupils to and from the participating school or education provider under the same conditions |
8 | as the resident school district is required to provide transportation for other resident students to |
9 | private schools as per current law. The resident school district may qualify for any existing state |
10 | transportation aid for each student so transported. |
11 | (vi) Nothing in this section shall be construed to limit or replace specific agreements that |
12 | school districts may have with other school districts upon enactment of this chapter or to limit their |
13 | right to enter into such agreements thereafter. |
14 | (c) District and school immunity. A school district and its employees are immune from |
15 | civil liability for decisions that concern the acceptance or rejection of a nonresident pupil for |
16 | enrollment and that are based on a good faith application of the requirements of this chapter and |
17 | the standards adopted pursuant to this chapter. |
18 | 16-112-12. Commencement of program. |
19 | The bright today scholarship and open enrollment program will be in effect beginning |
20 | August 1, 2022. |
21 | SECTION 2. This act shall take effect upon passage. |
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EXPLANATION | |
BY THE LEGISLATIVE COUNCIL | |
OF | |
A N A C T | |
RELATING TO EDUCATION -- THE BRIGHT TODAY SCHOLARSHIP AND OPEN | |
ENROLLMENT EDUCATION ACT | |
*** | |
1 | This act would provide parents of kindergarten through twelve (K-12) students in Rhode |
2 | Island with an opportunity to enroll their child in an educational program of their choosing, either |
3 | via open enrollment in a traditional public school in their own district or any other public school |
4 | district, or by receiving a scholarship, with designated public monies to follow the student to a |
5 | participating private school or private curriculum program selected by the parent. The program |
6 | combines aspects of what are sometimes referred to as "school choice" and "school voucher" |
7 | programs. The program would begin August 1, 2022. |
8 | This act would take effect upon passage. |
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