2022 -- S 2278

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LC004513

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2022

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A N   A C T

RELATING TO EDUCATION -- THE BRIGHT TODAY SCHOLARSHIP AND OPEN

ENROLLMENT EDUCATION ACT

     

     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:

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     SECTION 1. Title 16 of the General Laws entitled "EDUCATION" is hereby amended by

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adding thereto the following chapter:

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CHAPTER 112

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THE BRIGHT TODAY SCHOLARSHIP AND OPEN ENROLLMENT EDUCATION ACT

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     16-112-1. Short title.

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     This act shall be known and may be cited as "The Bright Today Scholarship and Open

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Enrollment Education Act."

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     16-112-2. Purpose.

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     (a) The purpose of this chapter is to provide parents of kindergarten through twelve (K-12)

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students in Rhode Island with an opportunity to enroll their child in an educational program of their

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choosing, either via open enrollment in a traditional public school in their own district or in any

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other public school district, or by receiving a scholarship, with designated public monies to follow

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the student to the private school or private curriculum program selected by the parent.

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     (b) National research demonstrates that with scholarships, similar to those provided for in

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this chapter, public school districts can actually save money and in most instances also see

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improved academic outcomes because of the new "parental" accountability standards they will be

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held to.

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     (c) Further, this chapter has been crafted to ensure that more money per pupil remains in

 

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public school districts, even after scholarships have been awarded from the state portion of

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educational funding to districts.

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     16-112-3. Definition of Terms.

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     As used in this chapter, the following terms shall have the following meanings unless the

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context clearly indicates otherwise:

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     (1) "Base funding" means and refers to a resident district's funding from state and local

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sources to serve and educate students on a per pupil basis. Federal funds are not included.

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     (2) "Bright today scholarships" (scholarships), sometimes referred to in this chapter as

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"Educations savings accounts (ESAs)." means and will be offered to all students that are, or will

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become, enrolled in any public, private, or home school system in the State of Rhode Island. The

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scholarships allow parents to utilize certain funds that would normally be allocated to their child at

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their resident school district for an educational program as determined by the parents or guardian

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of the child.

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     (3) "Curriculum" means a complete course of study for a particular content area or grade

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level, including any supplemental materials required by the curriculum.

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     (4) "Department" means the Rhode Island department of elementary and secondary

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education (RIDE) or any other organization designated by RIDE to administer the bright today

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scholarship program.

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     (5) "Open enrollment" means a policy adopted and implemented by a school district

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governing board to allow resident transfer pupils to enroll in any school within the school district.

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to allow resident pupils to enroll in any school located within other school districts in this state, or

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to allow nonresident pupils to enroll in any school within the district.

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     (6) "Eligible student" means any kindergarten through twelve (K-12) student who meets

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any of the following requirements:

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     (i) Attended a public school as a full-time student in Rhode Island in the preceding

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semester;

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     (ii) Is beginning school in Rhode Island for the first time; or

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     (iii) Attended a private school or received at-home instruction in conformance with § 16-

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19-1 in the preceding semester.

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     (7) "Resident school district" means the public school district in which the student resides.

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     (8) "Participating school" means any private school that provides education to students in

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fulfillment of any grades, kindergarten through twelve (K-12), and has notified the department of

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its intention to participate in the bright today scholarship program and to comply with the

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requirements of the program as defined by this chapter or subsequently regulated by the department

 

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for the implementation thereof.

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     (9) "Participating student" means any eligible student or qualified student who is accepted

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into the bright today scholarship program.

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     (10) "Parent" means a resident of Rhode Island who is the parent or legal guardian of an

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eligible student.

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     (11) "Qualified school" means a nongovernmental primary or secondary school or a

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preschool for handicapped students that is located in this state and that conforms with the

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requirements for such schools within Rhode Island.

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     (12) "Qualified student" means a resident of this state who is an "eligible student", and who

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is any of the following:

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     (i) Identified as having a disability under section 504 of the Rehabilitation Act of 1973 (29

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U.S.C. 794); or

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     (ii) A child with a disability who is eligible to receive services from a school district under

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chapter 24 of title 16.

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     (13) "Qualified funding" refers to the additional funds allocated by the state for students

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having a disability under section 504 of the Rehabilitation Act of 1973 (29 U.S.C. 794) or chapter

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24 of title 16.

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     (14) "Treasurer" means the office of the Rhode Island general treasurer.

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     16-112-4. Core components and requirements of the bright today scholarship

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program.

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     (a) Scholarships. Scholarships are established to provide options for the education of

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students in Rhode Island.

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     (b) Enrollment. Any parent of a participating student may enroll the student for a

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scholarship by signing an agreement whereby the parent promises:

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     (1) To provide an education for the participating student in at least the subjects of reading,

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grammar, mathematics, social studies and science;

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     (2) Not to enroll the participating student in a school district or chatter school and release

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the school district from all obligations to educate the qualified student;

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     (3) To use the money deposited in the participating student's bright today scholarship

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account only for the following expenses of the participating student:

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     (i) Tuition or fees at a participating school or a qualified school;

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     (ii) Textbooks required by a participating school , qualified school , or private tutoring

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curriculum;

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     (iii) Tutoring services provided by a tutor accredited by a state, regional or national

 

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accrediting organization;

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     (iv) Curriculum;

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     (v) Tuition or fees for a non-public online learning program;

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     (vi) Fees for a nationally standardized norm-referenced achievement test, advanced

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placement examinations or any exams related to college or university admission;

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     (vii) Educational therapies or services for the qualified student from a licensed or

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accredited practitioner or provider, including licensed or accredited paraprofessionals or

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educational aides:

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     (viii) Fees for courses at an eligible postsecondary institution, taken prior to the student's

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graduation from high school or the equivalent;

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     (ix) Fees for management of the scholarship account by firms selected by the general

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treasurer; and

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     (x) Services provided by a public school, including individual classes and extracurricular

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programs;

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     (4) Any unspent funds may be rolled over and shall remain in the participating student's

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scholarship for use in future years during the participating student's kindergarten through twelve

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(K-12) educational career;

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     (5) Not to use monies deposited in the participating student's account for any of the

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following:

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     (i) Computer hardware or other technological devices, except as required i lieu of textbooks

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or for the completion of specific course requirements;

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     (ii) Transportation of the pupil; and

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     (iii) Consumable educational supplies, including, but not limited to, paper, pens or markers;

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     (c) Parent payments. Parents will be allowed to make payments for the costs of educational

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programs and services not covered by the funds in their scholarship accounts.

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     (d) Department scholarship account fund. In exchange for the parent's agreement pursuant

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to subsection (b) of this section, the department shall transfer from the aggregate monies that would

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otherwise be allocated to the participating student's resident school district a payment for base

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funding or qualified funding as described in subsections (e), (f), and (g) of this section, to the

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general treasurer for deposit into an individual bright today scholarship account to be managed by

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the parents of the student. The department may retain a maximum of three percent (3%) of each

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individual scholarship awarded in any given school year for deposit in the department's scholarship

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account fund to be used for administration of the scholarship program.

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     (e) Base funding -- Scholarship award schedule for new and switching students. Grant

 

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amounts to scholarship accounts of families of eligible students will be determined by the following

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guidelines, provided that no individual student's scholarship shall exceed six thousand dollars

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($6,000);

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     (1) For students from households qualifying for the federal free or reduced-price lunch

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program, each student's scholarship amount shall be equal to one hundred percent (100%) of the

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resident district's base funding.

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     (2) For students from households with annual income greater than the amount required to

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qualify for the free or reduced lunch program but less than or equal to one and one-half (1.5) times

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that amount, each student's scholarship amount shall be equal to seventy-five percent (75%) of the

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resident district's base funding.

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     (3) For students from households with annual income of greater than one and one-half (1.5)

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times the amount required to qualify for the free or reduced lunch program but less than or equal

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to two (2) times that amount, each student's scholarship amount shall be equal to fifty percent (50%)

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of the resident district's base funding.

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     (4) For students from households with annual income of greater than two (2) times the

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amount required to qualify for the free or reduced lunch program but less than or equal to two and

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one-half (2.5) times that amount, each student's scholarship amount shall be equal to twenty-five

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percent (25%) of the resident district's base funding.

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     (5) For students from households with annual income of greater than two and one-half (2.5)

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times the amount required to qualify for the free or reduced lunch program, each student's

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scholarship amount shall be equal to fifteen percent (15%) of the resident district's base funding.

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     (f) Base funding -- Scholarship award schedule for students attending private school or

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receiving at-home instruction at the time of enactment. Grant amounts to scholarship accounts of

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families of approved students pursuant to this chapter shall be equal to the scholarships for their

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household income level, as set forth in subsection (e) of this section, provided that each student's

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scholarship amount shall be reduced by seventy-five percent (75%).

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     (g) Qualified funding -- Scholarship awards. For any student having a disability who is

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accepted into the bright today scholarship account program, the scholarship amount will be equal

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to the scholarships for their household income level, as described in this section, plus the additional

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qualified funding designated for that student. The department may reduce the additional qualified

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funding award by an amount sufficient to reimburse the department and the resident school district

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for services assessing the student or developing an individual education plan for that student;

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provided that such reimbursements shall not exceed five percent (5%) of the additional qualified

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funding award.

 

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     (h) A parent must renew the participating student's scholarship account on an annual basis.

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A student who has previously qualified for a bright today scholarship account shall remain eligible

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to apply for renewal until the student graduates with a high school diploma or the equivalent.

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     (i) A participating school, qualified school, or a provider of services purchased pursuant to

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§ 16-112-4(b)(3) shall not share, refund, or rebate any bright today scholarship account monies

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with the parent, eligible student, or qualified student in any manner.

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     (j) A participating student shall be counted in the enrollment figures for his or her resident

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school district for the purposes of the state funding formula under the permanent foundation

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education aid set forth in chapter 7.2 of this title for as long as that student remains an eligible

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student under this chapter. The department shall subsequently subtract the total aggregate

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scholarship amounts awarded to students within each resident district from that district's state

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school aid.

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     (k) In subsequent years following enactment of this chapter, for "participating" students

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who have entered the state's kindergarten through twelve (K-12) educational system for the first

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time, fifteen percent (15%) of the total number of such students shall be counted in the enrollment

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figures for his or her resident school district for the purposes of the state funding formula under,

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for as long as those students remain "eligible" students pursuant to the provisions of this chapter.

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     (l) Funds in the scholarship account may only be used during the student's kindergarten

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through twelve (K-12) educational career. Upon the participating student's graduation with a high

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school diploma or the equivalent, the student's bright today scholarship account shall be closed and

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any remaining funds shall be returned to the Rhode Island department of elementary and secondary

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education.

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     (m) Monies received pursuant to this chapter do not constitute taxable income to the parent

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of the participating student.

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     16-112-5. Administration of bright today scholarship accounts.

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     (a) The department shall determine a specified "application period" that is between April

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1 and June 30 of each year during which it will accept applications for the following fiscal year.

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     (b) The department shall adopt rules and policies necessary for the administration of

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scholarship accounts. including policies for conducting examinations of use of account funds.

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Conducting random quarterly and annual reviews of accounts, potentially including, but not limited

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to, creating an online anonymous fraud reporting service, and creating an anonymous telephone

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hotline for fraud reporting.

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     (c) The general treasurer may contract with private financial management firms to manage

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bright today scholarship accounts, provided the treasurer maintains supervision of the process.

 

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     (d) The debarment shall have the authority to conduct or contract for annual or random

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audits of scholarship accounts, to ensure compliance with this chapter.

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     (e) A parent or participating student or vendor may be disqualified from program

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participation if the party is found to have committed an intentional program violation consisting of

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any misrepresentation or other act that materially violates a law or rule governing the program. The

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department may then remove any parent or participating student from future eligibility for a bright

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today scholarship account and shall notify the treasurer. A parent, student, or vendor may appeal

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the department's decision pursuant to an appeal process to be established by the department and as

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set forth in chapter 39 of title 16.

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     (f) The department may refer cases of substantial misuse of monies to the attorney general

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for investigation if the department obtains evidence of fraudulent use of an account.

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     (g) The department shall make quarterly transfers of the amount calculated for base funding

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and qualified funding pursuant to the provisions of § 16-112-4 to the general treasurer for deposit

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into the individual scholarship account of each qualified student.

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     (h) A person commits savings account fraud if the person knowingly obtains by means of

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a false statement or representation, by impersonation, or by other fraudulent device any of the

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following:

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     (1) Assistance or service to which that person is not entitled;

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     (2) Assistance or service greater than that to which the person is entitled; and

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     (3) Payment for services or materials not listed in § 16-112-4(b)(3).

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     (i) No financial institution shall be liable in any civil action for providing a scholarship

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account's financial information to the department of education unless the information provided is

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false and the financial institution providing the false information docs so knowingly and with

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malice.

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     16-112-6. Administrative and academic accountability standards.

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     (a) To hold participating schools accountable and to ensure that certain administrative

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standards are met to treat all students safely and fairly, participating schools shall:

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     (1) Comply with all state laws dealing with health and safety that apply to private schools;

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     (2) Maintain a valid occupancy permit, as may be required by state or local laws;

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     (3) Certify their compliance with nondiscrimination policies and provisions set forth in 42

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U.S.C. 1981; and

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     (4) Provide parents with a receipt for all qualifying expenses at the school.

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     16-112-7. Academic Accountability Standards.

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     (a) In order to allow parents and taxpayers to measure the achievements of the program:

 

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     (1) Parents shall ensure that:

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     (i) Each year, participating students within their households take either the state

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achievement tests or nationally norm-referenced tests that measure learning gains in math and

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language arts and provide for value-added assessment;

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     (ii) The results of these tests are provided to the department on an annual basis, beginning

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with the first year of testing;

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     (iii) The student information is reported in a way that would allow the state to aggregate

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data by grade level, gender, family income level, and race; and

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     (iv) The department will be informed of the eligible student's graduation from high school,

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or the equivalent.

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     (2) The department shall:

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     (i) Ensure compliance with all student privacy laws;

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     (ii) Collect all test results from all participating students;

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     (iii) Provide aggregate test results, associated learning gains, and graduation rates to the

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public via a state website after the third year of test and graduation-related data collection. The

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findings shall be aggregated by the students' grade level, gender, family income level, number of

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years of participation in the scholarship program, and race;

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     (iv) Provide graduation rates to the public via a state website after the third year of test and

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test-related data collection;

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     (v) Administer an annual parental satisfaction survey that shall ask parents of students

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receiving scholarship accounts to express:

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     (A) Their satisfaction with the program; and

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     (B) Their opinions on other topics, items, or issues that the state finds would elicit

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information about the effectiveness of scholarship accounts program and the number of years their

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child has participated in the program.

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     16-112-8. Prohibition of state control over non-public schools and homeschools.

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     (a) This chapter shall not permit any government agency to exercise control or supervision

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over any nonpublic school or homeschool.

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     (b) Participating schools or parents or groups providing at-home instructions that accept

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payments from a scholarship account pursuant to this chapter are not agents of the state or federal

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governments.

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     (c) A participating or qualified school shall not be required to alter its creed, practices,

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admissions policies, or curricula in order to accept students whose parents pay tuition or fees from

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scholarship accounts pursuant to this chapter in order to participate.

 

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     (d) Participating private schools, providers of at-home instruction, and other education

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providers shall be given the maximum freedom to provide for the educational needs of their

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students without governmental or departmental control.

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     (e) In any legal proceeding challenging the application of this chapter to a participating

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school, the state bears the burden of establishing that the law is necessary and does not impose any

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undue burden on participating schools or providers.

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     16-112-9. Responsibilities of the department.

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     (a) The department shall ensure that eligible students and their parents are informed

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annually of which schools will be participating in the scholarship account program. Special

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attention shall be paid to ensuring that lower-income families are made aware of the program and

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their options.

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     (b) The department shall create a standard form that parents of eligible students can submit

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to establish their students' eligibility for the scholarship account program. The department shall

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ensure that the application is readily available to interested families through various sources,

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including the Internet.

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     (c) The department may bar a participating school or education provider from the

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scholarship account program if the department establishes that the participating school or education

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provider has:

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     (1) Routinely failed to comply with the accountability standards established m this chapter;

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or

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     (2) Failed to provide the eligible student with the educational services funded by the

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scholarship account.

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     (d) If the department decides to bar a participating school or education provider from the

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program, it shall notify eligible students and their parents of this decision as quickly as possible.

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     (e) The department shall adopt rules and procedures as necessary for the administration of

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the scholarship account program

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     16-112-10. Responsibilities of the resident school district.

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     (a) The resident school district shall provide a participating school or education provider

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that has admitted an eligible student under this program with a complete copy of the student's school

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records, while complying with the Family Educational Rights and Privacy Act of 1974 (20 U .S.C.

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1232 g).

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     (b) The resident school district shall provide transportation for an eligible student to and

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from the participating school or education provider under the same conditions as the resident school

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district is required to provide transportation for other resident students to private schools as per

 

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current law. The resident school district may qualify for any existing state transportation aid for

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each student so transported.

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     (c) Nothing in this chapter shall be construed as supplanting the responsibilities of resident

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districts as provided in current law

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     16-112-11. Open enrollment.

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     (a) Definitions. For the purposes of this section:

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     (1) "Nonresident pupil" means a pupil who resides in the state of Rhode Island and who is

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enrolled in or is seeking enrollment in a school district other than the school district in which the

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pupil resides.

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     (2) "Open enrollment" means a policy adopted and implemented by a school district

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governing board to allow resident transfer pupils to enroll in any school within the school district,

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to allow resident pupils to enroll in any school located within other school districts in this state, or

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to allow nonresident pupils to enroll in any school within the district.

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     (3) "Resident transfer pupil" means a resident pupil who is enrolled in or seeking

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enrollment in a school that is within the school district but outside the attendance area of the pupil's

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residence.

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     (4) "Receiving school district" means the school district that has accepted enrollment of a

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nonresident pupil.

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     (b) Enrollment policies.

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     (1) School district governing boards shall establish inter-district open enrollment policies.

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     (2) State funding adjustments may be arranged for nonresident pupils only if two (2) school

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districts have entered into a voluntary agreement for such adjustments for certain pupils. These

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policies shall include admission criteria, available capacity, application procedures, and

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transportation provisions. Any and all funding adjustments will be made via associated adjustments

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of the state portion of funds distributed to the mutually agreed districts.

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     (3) A copy of the district policies for open enrollment shall be posted on the district's

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website and shall be available to the public on request.

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     (i) Each policy shall describe the opportunities for resident pupils to transfer to other

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schools within the district or outside of the district and the opportunities for nonresident pupils to

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transfer to schools within the district.

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     (ii) Each nonresident pupil shall be counted in the enrollment figures for his or her new

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"receiving school district." for the purposes of the state funding formula under chapter 7.2 of this

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title.

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     (iii) Resident transfer pupils and nonresident pupils shall be permitted to remain in the

 

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school into which they were initially accepted through completion of the highest grade offered in

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that school and may be given enrollment preference for other schools within the receiving school

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district.

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     (iv) A school district may give enrollment preference to and reserve capacity for pupils

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who are children of persons who are employed by or at a school in the school district.

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     (v) The resident school district shall provide transportation for a nonresident or resident

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transfer pupils to and from the participating school or education provider under the same conditions

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as the resident school district is required to provide transportation for other resident students to

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private schools as per current law. The resident school district may qualify for any existing state

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transportation aid for each student so transported.

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     (vi) Nothing in this section shall be construed to limit or replace specific agreements that

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school districts may have with other school districts upon enactment of this chapter or to limit their

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right to enter into such agreements thereafter.

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     (c) District and school immunity. A school district and its employees are immune from

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civil liability for decisions that concern the acceptance or rejection of a nonresident pupil for

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enrollment and that are based on a good faith application of the requirements of this chapter and

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the standards adopted pursuant to this chapter.

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     16-112-12. Commencement of program.

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     The bright today scholarship and open enrollment program will be in effect beginning

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August 1, 2022.

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     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

***

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     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

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combines aspects of what are sometimes referred to as "school choice" and "school voucher"

7

programs. The program would begin August 1, 2022.

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     This act would take effect upon passage.

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