| Chapter 350 |
| 2023 -- H 5339 AS AMENDED Enacted 06/26/2023 |
| A N A C T |
| RELATING TO EDUCATION -- EDUCATION SERVICES TO VERY YOUNG CHILDREN |
Introduced By: Representative Susan R. Donovan |
| Date Introduced: February 03, 2023 |
| It is enacted by the General Assembly as follows: |
| SECTION 1. Sections 16-48-1 and 16-48-2 of the General Laws in Chapter 16-48 entitled |
| "Educational Services to Very Young Children" are hereby amended to read as follows: |
| 16-48-1. Applicability. |
| This chapter shall pertain to private nursery schools and other regular programs any |
| program of educational services to children between the ages of two (2) years eight (8) months |
| three (3) and six (6) five (5) years of age where the schools and programs operate one or more |
| sessions daily. It does not include bona fide kindergarten and nursery classes which are part of a |
| nonpublic elementary school system that is offered by any public school or any private school that |
| has been approved pursuant to §§ 16-1-5 and 16-60-6 and any regulations promulgated thereunder. |
| 16-48-2. Establishment and operation of schools and programs Program rating. |
| (a) No Commencing June 1, 2025, any person, unincorporated society, association, or |
| corporation desiring to operate a school or program as defined in this chapter shall be permitted to |
| establish and maintain a school or program unless and until an application has been filed with the |
| commissioner of elementary and secondary education and suitable provision has been made to |
| fulfill any minimum requirements of adequate faculty, health, safety, sanitation, site, physical plant, |
| educational program, and any other standards that may be established through rules and regulations |
| promulgated by the commissioner of elementary and secondary education. Upon satisfactory |
| compliance with the standards as established by the commissioner of elementary and secondary |
| education, along with the certification by the appropriate fire, health, and building inspectors, the |
| school or program shall be approved for a period of one year, which approval shall require renewal |
| unless sooner revoked by the commissioner for cause receive and maintain a rating through Rhode |
| Island's quality rating and improvement system, which rating shall remain in effect unless revoked |
| for cause by the commissioner of elementary and secondary education. |
| (b) Upon application to establish a school or program as defined in this chapter or to renew |
| the application, the applicant will submit the names of its owner, officers, and employees. The |
| commissioner of elementary and secondary education may request the bureau of criminal |
| identification of the state police to conduct a nationwide criminal records check of the owners, |
| officers, and employees of the school or program and the bureau of criminal identification of the |
| state police will conduct criminal records checks on request. To accomplish nationwide criminal |
| records checks, the commissioner may require owners, officers, and employees of the schools or |
| programs to be fingerprinted by the bureau of criminal identification of the state police. The |
| commissioner may examine these criminal records checks to aid in determining the suitability of |
| the applicant for approval or renewal of approval. |
| SECTION 2. Sections 16-48-4, 16-48-5, 16-48-6, 16-48-7, 16-48-8 and 16-48-9 of the |
| General Laws in Chapter 16-48 entitled "Educational Services to Very Young Children" are hereby |
| repealed. |
| 16-48-4. Enforcement. |
| It shall be the duty of the commissioner of elementary and secondary education to |
| prosecute any person, firm, or corporation violating the provisions of this chapter, and the |
| commissioner or any duly authorized agent of the commissioner may make complaint for the |
| violation of the provisions of this chapter, and the commissioner or agent making the complaint |
| shall not be required to give surety for the payment of cost. |
| 16-48-5. Revocation of approval. |
| The commissioner of elementary and secondary education may revoke or refuse to renew |
| the approval of any nursery school or program approved upon reasonable notice to the school |
| authorities and provided that a hearing on the revocation shall be afforded the parties. Grounds for |
| revocation or refusal to renew shall include: |
| (1) Failure to maintain standards; |
| (2) Refusal to submit proper reports or records; |
| (3) Refusal to admit authorized representatives of the department of elementary and |
| secondary education; |
| (4) Furnishing or making misleading or false statements or reports; |
| (5) Failure to maintain adequate financial resources; or |
| (6) Any other cause which, in the opinion of the commissioner, may be detrimental to the |
| health, education, safety, or welfare of the children involved. |
| 16-48-6. Penalty. |
| Every person who violates any of the provisions of this chapter by conducting a school or |
| program without first having obtained approval as provided in this chapter, or who shall refuse to |
| permit a reasonable inspection and examination of a facility as provided in this chapter, or who |
| shall intentionally make any false statements or reports to the commissioner of elementary and |
| secondary education or the commissioner’s agents with reference to the matters contained in these |
| statements or reports, or who conducts this facility after approval has been revoked or suspended |
| shall, upon conviction of the first offense, be imprisoned for a term not exceeding six (6) months |
| or be fined not exceeding one hundred dollars ($100) for each week that the facility shall have been |
| maintained without approval, and on the second or subsequent offense shall be imprisoned for a |
| term not exceeding one year or be fined not exceeding five hundred dollars ($500) for each week |
| that the facility shall have been maintained without approval or both the fine and imprisonment. |
| 16-48-7. Injunctive relief. |
| The superior court is empowered and authorized to grant appropriate injunctive relief for |
| violations of the provisions of this chapter. All applications for injunctive relief shall be brought |
| by the commissioner of elementary and secondary education in the superior court. The |
| commissioner may enforce the provisions of this chapter through proceedings either under this |
| section or § 16-48-6 or under both this section and § 16-48-6. |
| 16-48-8. Destruction of fingerprint records. |
| At the conclusion of any background check required by this chapter, the state police will |
| promptly destroy the fingerprint card of the applicant. |
| 16-48-9. Non-governmental funding for early childhood education. |
| There is hereby established in the department of elementary and secondary education an |
| early childhood education program restricted receipt account referred to as “Early Childhood Grant |
| Program Account.” The department of elementary and secondary education shall deposit into this |
| account any funds received from non-governmental sources for the purpose of funding early |
| childhood education programs. All such sums deposited shall be exempt from the indirect cost |
| recovery provisions of § 35-4-27. |
| SECTION 3. This act shall take effect upon passage. |
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| LC001159 |
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