2013 -- S 0062

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LC00383

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STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2013

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A N A C T

RELATING TO EDUCATION -- PRIVATE SCHOOLS

     Introduced By: Senators Crowley, Sosnowski, Miller, Jabour, and Picard

     Date Introduced: January 16, 2013

     Referred To: Senate Education

It is enacted by the General Assembly as follows:

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

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Schools" is hereby amended to read as follows:

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

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

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

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

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sent to the catholic school office.

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

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

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academic records of the students.

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

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

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higher education as to the disposition of student records.

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

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

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private schools that cease operation.

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

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

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tuition and deposits with the school, and the board of education or the board of governors for

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higher education, whichever is the governing body at the time, of the impending closure of the

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school.

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

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

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any pre-paid tuition and/or other deposits to the students and/or persons who have made such

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deposits and tuition payments and for which instruction time will not be provided because of the

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private school’s closing.

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

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

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subsection, the general officers and the board of directors of the private entity may be held

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personally liable for the refund of deposits and pre-paid tuition, unless such persons can show

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that the school closing and failure to provide notice was made without the knowledge and consent

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of said general officer or director. Such liability shall not be limiting, exhaustive, or exclusive,

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and shall be in addition to any other liability which may attach to said private school or any

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persons or entities associated therewith.

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     SECTION 2. This act shall take effect upon passage.

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LC00383

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EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N A C T

RELATING TO EDUCATION -- PRIVATE SCHOOLS

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     This act would provide that private schools of higher education would be required to give

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written notice of their closing at least thirty (30) calendar days prior to said closing. The notice

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would need to be given to all students and to the governing state entity. In the event of failure to

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provide said notice, the general officers and the board of directors of the private entity could be

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held personally liable for the refund of deposits and pre-paid tuition.

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     This act would take effect upon passage.

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LC00383

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