| Chapter 239 |
| 2021 -- S 0936 Enacted 07/08/2021 |
| A N A C T |
| RELATING TO EDUCATION -- FUNDRAISING FOR PUBLIC SCHOOLS |
Introduced By: Senator Hanna M. Gallo |
| Date Introduced: May 27, 2021 |
| It is enacted by the General Assembly as follows: |
| SECTION 1. Section 16-38-6 of the General Laws in Chapter 16-38 entitled "Offenses |
| Pertaining to Schools [See Title 16 Chapter 97 - The Rhode Island Board of Education Act]" is |
| hereby amended to read as follows: |
| 16-38-6. Restrictions on commercial activity and fundraising in public schools. |
| (a) No public school official or public school employee shall, for any purpose, solicit or |
| exact from any pupil in any public school any contribution or gift of money or any article of value, |
| or any pledge to contribute any money or article of value. No public school teacher shall accept |
| payment for tutoring directly from the parents of a student under his or her instruction. If a teacher |
| is to be assigned and compensated as a tutor for a student under his or her instruction, the |
| assignment and compensation must be through the school department pursuant to policies and |
| procedures adopted by the school committee. Nothing in this section shall be interpreted to prohibit |
| a teacher from tutoring a student who is not concurrently under his or her instruction in the public |
| school and receiving compensation for the tutoring from the parents of the student. |
| (b) No commercial goods or services shall be sold to students in the public schools or on |
| public school property, nor shall any commercial materials (flyers, literature, advertisements, |
| commercial materials, or solicitations) be sent home with students from the public school, except |
| as authorized pursuant to policies and procedures adopted by the local school committee, which |
| that shall, at a minimum, address the following: |
| (1) The conduct and financial accountability of public school employees and public school |
| officials engaged in commercial activities for the benefit of public schools; |
| (2) The use of schoolchildren to deliver commercial materials to parents. |
| (c) Any approved fundraising activity shall be conducted on a voluntary basis and in |
| accordance with rules and regulations promulgated by the school committee, which that shall, at a |
| minimum, address the following: |
| (1) The conduct and financial accountability of public school employees and public school |
| officials engaged in fundraising activities for the benefit of public schools; |
| (2) The specific circumstances, if any, for door to door solicitations and door to door sales |
| by public school students for fundraising; |
| (3) The use of schoolchildren to deliver fundraising materials to parents. |
| (d) When creating a school budget pursuant to § 16-2-9(a)(9), school committees may |
| budget funds for field trips, provided that: |
| (1) The field trips meet Rhode Island’s basic education program regulations; and |
| (2) All students have the same ability to attend the field trips. |
| (e) To supplement budgeted funds, fundraising for field trips is permissible, provided that: |
| (1) The fundraising activity complies with subsection (c) of this section; |
| (2) Students are not required to meet individual fundraising targets as a condition of |
| attendance on the trip; and |
| (3) Parents or guardians be allowed to donate toward the cost of the trip. |
| (d)(f) The commissioner of elementary and secondary education shall provide technical |
| assistance to assist the school committees of the several towns and cities in the formulation of the |
| local policies and procedures mandated by this section. |
| SECTION 2. This act shall take effect upon passage. |
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| LC002924 |
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