Chapter 250

2013 -- H 6289

Enacted 07/15/13

A N A C T

RELATING TO EDUCATION -- PRIVATE SCHOOLS

Introduced By: Representatives Williams, Messier, O'Brien, MacBeth, and Edwards

Date Introduced: June 26, 2013

It is enacted by the General Assembly as follows:

SECTION 1. Section 16-40-16 of the General Laws in Chapter 16-40 entitled "Private

Schools" is hereby amended to read as follows:

16-40-16. Student records Student records and school closings—Notice of closing. --

(a) In the event that a private school shall close, provision must be made for continued access to

student academic and attendance records. Records of elementary school students shall be sent to

the receiving school, except that records of elementary and secondary parochial schools shall be

sent to the catholic school office.

      (b) When a private secondary school closes, the school shall obtain the approval of the

commissioner of elementary and secondary education as to the disposition of the attendance and

academic records of the students.

      (c) Within thirty (30) days of the closing of a private postsecondary school, the person

having care, custody and control of the records shall obtain the approval of the commissioner of

higher education as to the disposition of student records.

      (d) The department of elementary and secondary education and the office of higher

education may promulgate regulations for the custody and disposition of student records of

private schools that cease operation.

(e) No private academy, college, university, or other institution of higher education shall

be permitted to close without first notifying the current students, any persons who have pre-paid

tuition and deposits with the school, and the board of education of the impending closure of the

school.

(1) Such notice shall be provided in writing at least thirty (30) calendar days prior to the

closing of the school, and shall include instructions on the procedures to be implemented:

(i) To return any pre-paid tuition and/or other deposits to the students and/or persons who

have made such deposits and tuition payments and for which instruction time will not be

provided; and

(ii) To furnish students and the office of higher education with transcripts of courses,

grades and credits and any other pertinent academic records regarding said students.

(2) In the event a private academy, college, university, or other institution of higher

education closes and does not provide the thirty (30) day notice as set forth in the preceding

subsection, the private entity may be subject to a fine and/or other penalties as determined by the

board of education.

SECTION 2. This act shall take effect upon passage.

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LC02844

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