2012 -- S 2078

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LC00054

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STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2012

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A N A C T

RELATING TO EDUCATION - PAYMENT FOR PARTICIPATION IN SCHOOL

ACTIVITIES

     Introduced By: Senator Louis P. DiPalma

     Date Introduced: January 18, 2012

     Referred To: Senate Education

It is enacted by the General Assembly as follows:

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     SECTION 1. Title 16 of the General Laws entitled “EDUCATION” is hereby amended

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by adding thereto the following chapter:

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     CHAPTER 96

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     PAYMENTS FOR EXTRACURRICULAR ACTIVITIES

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     16-96-1. Short title. -- This act shall be known and may be cited as the "Payment for

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Participation in School Activities Act of 2011.”  

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     16-96-2. Findings of fact. -- The general assembly makes the following findings of fact:

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     (1) The present financial resources of cities, towns and the state are stretched to their

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limit with regard to providing adequate funding for education, yet the need to fund public

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education at its present level remains unabated.

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     (2) School districts, school departments, boards of directors, and school committees are

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limited in their ability to seek alternative sources of funding for budgetary items outside of the

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annual appropriation of state aid to education and municipal tax levies.

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     (3) The availability of extracurricular activities for students to participate in, including

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but not limited to clubs, bands, and sports, is a vital and integral part of the educational process,

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but one which often creates a disproportionate drain on school district budgets.

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     (4) Frequently, athletic programs receive a smaller portion of the school district budget,

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but these same programs grow increasingly more expensive to operate.

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     (5) In view of the current economic climate, it would be beneficial to institute a policy

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where students from those families who are capable of paying user fees for participation in

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extracurricular activities, while allowing flexibility for students from those families who cannot

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afford such payments.

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     16-96-3. Definitions. -- As used in this section, the following term shall have the

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following meaning, unless the context clearly requires otherwise:

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     "School extra-curricular activities" means a school sponsored activity including but not

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limited to athletics, internships, work experiences, band, chorus, acting or theater groups,

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cheerleading, dancing, and other activities sponsored or authorized by a public school district for

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the benefit of, and participation by students within said school district and which activities are

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outside the ambit of traditional educational instruction.

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     16-96-4. Payment for participation in school extra-curricular activities authorized. -

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(a) The governing body of a public school district, including school committees and

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boards, and any board of directors of a public charter school, are authorized to assess students a

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reasonable fee for participation by a student in school extracurricular activities. Provided, that the

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governing body must first make a determination that the assessment of such fees is in the best

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interests of the school district. Nothing in this chapter shall be construed to require the imposition

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of such fees.

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     (b) Such assessments may vary in amount based upon the particular activity involved, but

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must bear a reasonable relationship to the cost per student for the activity.

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     (c) Any plan for such assessments shall provide that students eligible for USDA

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reimbursable school meals shall be exempt from such assessments. Further, any plan shall

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provide a means for a family to petition for relief from such assessments based upon financial

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and/or other hardships.

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     (d) Assessments shall only be made on students who participate in school extracurricular

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activities, and shall not be imposed as a blanket assessment upon all students.

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     16-96-5. Grants, gifts and donations. - Acceptance and expenditure. -- Any school

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district, school department, board of directors, or school committee may accept any and all gifts,

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grants and donations of money, equipment, supplies, materials, services and any other

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contribution of value, conditional or otherwise, from any local, state, or federal government or

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governmental subdivision thereof, including quasi-public agencies of any kind, or from any

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person, firm, association, foundation, corporation or business entity, for use in or in support of

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any school extracurricular activities; provided, however, that the gift, grant or donation shall be

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utilized and disposed of pursuant to the express terms or conditions stipulated by such gift, grant

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or donation.

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     16-96-6. Grant, gifts and donation. - Fiduciary responsibility of municipalities. -

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Accounting. -- (a) Any amount of money received by any municipality and/or public charter

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school or public charter school district for school extracurricular activities pursuant to this chapter

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shall be deposited by the chief finance officer of the municipality or charter school into the

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municipal treasury in a separate, restricted receipt account identifiable to the particular grant, gift

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or donation and shall be expended solely by and upon the demand of the school district, school

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department or school committee in accord with the express terms and conditions of said grant,

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gift or donation. Said account shall be known as a “student activity checking account.”

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Foundation education aid shall not be deemed to be subject to the provisions of this section unless

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there is a specific designation by the legislature that such aid is to be treated as money received

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pursuant to this section.

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     (b) Any account established hereunder shall be interest bearing and any interest on funds

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so deposited shall remain with and become part of the grant, gift or donation and shall be

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expended as part of said grant, gift or donation.

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     (c) Any other grant, gift or donation of any kind, other than money, including, but not

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limited to equipment, supplies, materials, services and any other contribution of value may be

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received directly by school districts, school departments, boards of directors, or school

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committees so long as said grant, gift or donation shall be accounted for from time of receipt to

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time of disposition, and so long as direct receipt of such is not otherwise prohibited by law.

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     (d) The superintendent of a district or similar person of a charter school shall be

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designated to operate and control such student activity checking account and shall give bond to

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the municipality or district in such amount as the treasurer shall determine to secure the

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superintendent's faithful performance of his or her duties in connection with such account.

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     (e) There shall be an annual audit of the student activity funds which shall be conducted

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in accordance with procedures as agreed upon between the school committee and the auditor

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based upon guidelines issued by the department of elementary and secondary education.

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       16-96-7. Effect on annual municipal appropriation. -- Nothing in this chapter shall be

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construed to mean that the present annual municipal appropriation to any school district, school

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department or school committee shall be or may be decreased or diminished by the amount of any

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grant, gift or donation made pursuant to this chapter.

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          SECTION 2. This act shall take effect upon passage.

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LC00054

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EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N A C T

RELATING TO EDUCATION - PAYMENT FOR PARTICIPATION IN SCHOOL

ACTIVITIES

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     This act would allow school districts to assess students reasonable fees for participation

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in extracurricular school activities such as sports, clubs, and bands. The act would also allow

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school department and school committees to accept grants, gifts and donations from individuals,

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entities and governmental subdivisions for such purposes as specified by the donor and to keep

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such funds in an interest bearing restricted receipt account until expended.

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     This act would take effect upon passage.

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