Chapter 058

2017 -- H 5661 Enacted 06/27/2017

A N   A C T

RELATING TO EDUCATION -- PRIVATE SCHOOLS

Introduced By: Representatives Messier, Morin, Kazarian, McNamara, and Fellela

Date Introduced: March 01, 2017

It is enacted by the General Assembly as follows:

SECTION 1. Sections 16-40-1 and 16-40-2 of the General Laws in Chapter 16-40

entitled "Private Schools [See Title 16 Chapter 97 - The Rhode Island Board of Education Act]"

are hereby amended to read as follows:

16-40-1. Approval of secondary and higher schools by board -- Certification to

secretary of state.

(a) No academy, college, university, or other institution of secondary or higher education

shall be incorporated or established in this state or be permitted to transact business, unless

exempt pursuant to § 16-40-10, within this state unless and until:

(1) Suitable provision, approved by the council on elementary and secondary education

or the council on postsecondary education, shall be made that the academy, college, university, or

institution is in compliance with the provisions of this chapter and with the regulations and

standards for approval adopted by the appropriate council or full board to implement this chapter;

and

(2) For institutions offering an associates degree or higher, the institution has initiated

discussions, that are evidenced by a writing, with the New England Association of Schools and

Colleges (NEASC) regarding potential accreditation. ; or

(3) For distance-learning purposes only, a degree-granting institution has full

accreditation by a regional accrediting agency recognized by the United States Department of

Education and equivalent to NEASC.

(b) The secretary of state, upon the receipt by him or her under the provisions of the

general laws of articles of association purporting to establish an educational institution, shall

transmit the articles of association to the appropriate council and shall not issue the certificate of

incorporation provided by the general laws unless and until the commissioner of elementary and

secondary education or the commissioner of the office of post-secondary postsecondary

education shall file with the secretary of state a certificate over his or her signature that the

appropriate council has approved the application for incorporation as complying with the

requirements of this section.

16-40-2. Authority to grant degrees not presumed.

Authority to grant academic, collegiate, professional, or other degrees recognizing

learning, scholarship, or achievement shall not be included in, or presumed to be part of, the

functions of a corporation or of an institution of education unless its charter or the articles of

association shall specifically indicate that the institution is nonprofit and specifically indicate the

power to grant degrees and the nature of the degrees to be granted; and no corporation or

association shall grant academic, collegiate, professional, or similar degrees without specific

authorization; and for institutions offering an associates degree or higher, has have received full

New England Association of Schools and Colleges (NEASC) accreditation or for distance-

learning purposes only, a degree-granting institution has full accreditation by a regional

accrediting agency recognized by the United States Department of Education and equivalent to

NEASC within five (5) years of its incorporation or establishment within this state or five (5)

years of being permitted to transact business within this state unless exempt pursuant to § 16-40-

10.

SECTION 2. This act shall take effect upon passage.

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LC001366

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