2013 -- H 5679 SUBSTITUTE A

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LC01524/SUB A/2

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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 STATUTES AND STATUTORY CONSTRUCTION

     Introduced By: Representatives Mattiello, and Newberry

     Date Introduced: February 27, 2013

     Referred To: House Judiciary

It is enacted by the General Assembly as follows:

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     SECTION 1. Section 4-1-21 of the General Laws in Chapter 4-1 entitled "Cruelty to

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Animals" is hereby amended to read as follows:

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     4-1-21. Powers of agents of society for prevention of cruelty to animals. -- The

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general agent of the Rhode Island society for the prevention of cruelty to animals and any number

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of special agents as may be appointed by that society have the same power and authority to arrest

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as any officer authorized to serve criminal process for the purpose of enforcing any of the laws of

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this state in relation to cruelty to animals, that power and authority to extend throughout the state,

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and they may serve any search warrant issued under § 4-1-19 and may search any building or

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place named in that warrant. A general agent and any special agents may, for the purpose of

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carrying out their duties, possess and carry pistols as defined in § 11-47-2, and the provisions of §

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11-47-5 11-47-8 shall not apply to them. Any person who interferes with or obstructs any of those

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agents in the discharge of their duty shall be guilty of obstructing an officer and punished as

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provided in § 11-32-1.

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     SECTION 2. Section 7-13-48 of the General Laws in Chapter 7-13 entitled "Limited

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Partnerships" is hereby amended to read as follows:

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     7-13-48. Applicable law. -- Subject to the constitution of this state:

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     (1) The laws of the state under which a foreign limited partnership is organized govern its

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organization and internal affairs and the liability of its limited partners, except as to foreign

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limited liability limited partnerships, which shall be treated as if they were foreign limited

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partnerships;

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     (2) A foreign limited partnership may not be denied registration by reason of any

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difference between those laws and the laws of this state; and

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     (3) A certificate of registration does not authorize a foreign limited partnership to engage

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in any business or exercise any power that a limited partnership may not engage in or exercise in

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this state.

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     SECTION 3. Section 11-47-9 of the General Laws in Chapter 11-47 entitled "Weapons"

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is hereby amended to read as follows:

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     11-47-9. Persons exempt from restrictions. -- (a) The provisions of § 11-47-8 shall not

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apply to sheriffs, deputy sheriffs, the superintendent and members of the state police, members of

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the Rhode Island airport police department, members of the Rhode Island state marshals, Rhode

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Island state fire marshal, chief deputy state fire marshals, deputy state fire marshals assigned to

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the bomb squad, and those assigned to the investigation unit, correctional officers, all within the

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department of corrections, members of the city or town police force, capitol police investigators

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of the department of attorney general appointed pursuant to § 42-9-8.1, the witness protection

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coordinator for the witness protection review board as set forth in chapter 30 of title 12 and

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subject to the minimum qualifications of § 42-9-8.1, the director, assistant director, investigators

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of the department of public safety Workers' Compensation Investigations unit pursuant to § 42-

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7.3-3.1 and automobile theft investigators of the Rhode Island state police pursuant to § 31-50-1,

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railroad police while traveling to and from official assignments or while on assignments,

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conservation officers, or other duly appointed law enforcement officers, nor to members of the

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Army, Navy, Air Force, and Marine Corps of the United States, the National Guard, or organized

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reserves, when on duty, nor to members of organizations by law authorized to purchase or receive

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firearms from the United States or this state, provided these members are at or going to or from

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their places of assembly or target practice, nor to officers or employees of the United States

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authorized by law to carry a concealed firearm, nor to any civilian guard or criminal investigator

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carrying sidearms or a concealed firearm in the performance of his or her official duties under the

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authority of the commanding officer of the military establishment in the state of Rhode Island

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where he or she is employed by the United States, nor to any civilian guard carrying sidearms or a

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concealed firearm in the performance of his or her official duties under the authority of the

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adjutant general where he or she is employed guarding a national guard facility, provided, that the

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commanding officer of the military establishment shall have on file with the attorney general of

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this state a list of the names and addresses of all civilian guards and criminal investigators so

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authorized, nor to duly authorized military organizations when on duty, nor to members when at

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or going to or from their customary places of assembly, nor to any individual employed in the

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capacity of warden, associate warden, major, captain, lieutenant, sergeant, correctional officer or

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investigator at any project owned or operated by a municipal detention facility corporation,

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including the Donald W. Wyatt Detention Facility, nor to the regular and/or ordinary

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transportation of pistols or revolvers as merchandise, nor to any person while transporting a

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pistol, or revolvers, unloaded from the place of purchase to their residence, or place of business,

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from their residence to their place of business or from their place of business to their residence, or

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to a Federal Firearms licensee for the purpose of sale, to or from a bona fide gunsmith, or

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firearms repair facility, to any police station or other location designated as a site of a bona fide

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"gun buy-back" program but only if said pistol or revolver is unloaded and any ammunition for

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said pistol or revolver is not readily or directly accessible from the passenger compartment of

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such vehicle while transporting same and further provided that in the case of a vehicle without a

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compartment separate from the passenger compartment the firearm or the ammunition shall be

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stored in a locked container.

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     (b) Persons exempted by the provisions of this section from the provisions of § 11-47-8

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shall have the right to carry concealed firearms everywhere within this state; provided, that this

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shall not be construed as giving the right to carry concealed firearms to a person transporting

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firearms as merchandise or as household or business goods.

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     SECTION 4. Section 23-4.11-3.1 of the General Laws in Chapter 23-4.11 entitled

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"Rights of the Terminally Ill Act" is hereby amended to read as follows:

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     23-4.11-3.1. Medical Orders for Life Sustaining Treatment. -- (a) The department of

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health shall establish rules and regulations, consistent with the provisions of this section, for the

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establishment of Medical Orders for Life Sustaining Treatment and the structure and content of

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Medical Orders for Life Sustaining Treatment forms.

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     (b)(1) A declaration by a qualified patient may be recorded as a medical order for life-

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sustaining treatment provided that:

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     (i) The medical orders for life-sustaining treatment and medical intervention and

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procedures are explained by a MOLST qualified health care provider to the qualified patient or

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health care decision maker. The MOLST qualified health care provider shall further inform the

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patient of the difference between an advance health care directive and MOLST medical order;

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     (ii) A MOLST qualified health care provider has conducted an evaluation of the qualified

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patient; and

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     (iii) A MOLST form documenting the declaration has been completed by a MOLST

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qualified health care provider based on qualified patient preferences and medical appropriateness,

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and has been signed by a MOLST qualified health care provider and the qualified patient or his or

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her recognized health care decision maker.

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     (2) A health care decision maker may execute the MOLST form if the qualified patient

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lacks capacity, or if the qualified patient has designated that the health care decision maker’s

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authority is valid.

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     (3) A request regarding resuscitative measures may also be evidenced by the words "do

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not resuscitate" or the letters "DNR," in a qualified patient’s medical record and/or through a

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mechanism established by the department of health consistent with the provisions of chapter 23-

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4.11.

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     (c)(1) A health care provider shall treat a qualified patient in accordance with the

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qualified patient’s MOLST, subject to the provisions of this chapter.

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     (2) A MOLST qualified health care provider may conduct an evaluation of the qualified

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patient and if necessary, in consultation with the qualified patient or recognized health care

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decision maker, issue a new MOLST consistent with the most current information available about

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the qualified patient’s health status and care preferences.

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     (3) The recognized health care decision maker of a qualified patient who is without

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     capacity shall consult with the MOLST qualified health care provider prior to making a

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request to modify that a the qualified patient’s MOLST.

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     (d)(1) MOLST Form. A MOLST shall be documented on an easily identifiable form

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approved by the director. The director shall promulgate rules and regulations for the

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implementation of this section.

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     (2) The MOLST form shall be signed by the qualified patient or the qualified patient’s

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recognized health care decision maker, and a MOLST qualified health care provider.

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     (3) The MOLST form shall contain all other information as required by this section.

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     (e)(1) A MOLST shall apply regardless of whether the qualified patient executes the

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     MOLST form within or outside a hospital or other health care setting.

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     (2) The MOLST form is valid within or outside a hospital or other health care setting.

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     (f)(1) Revocation. A qualified patient or his/her recognized health care decision maker

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may, at any time, revoke in any manner that communicates an intent to revoke his/her declaration

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by informing the MOLST qualified health care providers, other health care providers, or any

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member of the medical or nursing staff of the revocation of the declaration concerning life-

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sustaining or resuscitative measures.

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     (2) Any member of the medical or nursing staff informed of a revocation shall

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immediately notify a MOLST qualified health care provider of the revocation.

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     (3) The MOLST qualified health care provider informed of a revocation of MOLST made

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pursuant to this section shall immediately:

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     (i) Record the revocation in the qualified patient's medical record;

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     (ii) Cancel any orders implementing the decision to withhold or withdraw treatment; and

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     (iii) Notify the health care providers and staff directly responsible for the qualified

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patient's care of the revocation and any cancellations.

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     (4) If a decision to withhold or withdraw life-sustaining treatment has been made by a

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recognized health care decision maker pursuant to this section, and the MOLST qualified health

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care provider determines at any time that the decision is no longer appropriate or authorized

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because the qualified patient has regained decision-making capacity or because the qualified

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patient’s condition has otherwise improved, the MOLST qualified health care provider shall

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immediately:

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     (i) Include such determination in the qualified patient's medical record;

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     (ii) Cancel any orders or plans of care implementing the decision to withhold or withdraw

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life-sustaining treatment;

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     (iii) Notify the health care decision maker who made the decision to withhold or

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withdraw treatment; and

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     (iv) Notify the other health care providers, including the medical and nursing staff

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directly responsible for the qualified patient’s care, of any cancelled MOLST orders or plans of

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care.

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     (g) If a qualified patient with a MOLST order is transferred from a hospital, a licensed

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health facility, or the community, the MOLST order or plan shall remain effective until a MOLST

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qualified health care provider first examines the transferred qualified patient, whereupon a

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MOLST qualified health care provider shall issue appropriate orders to continue the prior order or

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plan. Such orders may be issued without obtaining another consent to withhold or withdraw life-

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sustaining treatment pursuant to this chapter.

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     (h) The MOLST is a voluntary option for qualified patients. No patient is required to

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elect a MOLST.

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     SECTION 5. Section 42-12-19 of the General Laws in Chapter 42-12 entitled

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"Department of Human Services" is hereby amended to read as follows:

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     42-12-19. Permanent advisory commission on traumatic brain injuries –

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Commission established. – (a) There is hereby established a permanent advisory commission on

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traumatic brain injuries.

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     (b) The purpose of the commission shall be to:

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     (1) Report on all matters relating to traumatic brain injury in Rhode Island to the

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governor and the general assembly.

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     (2) Advise the department of human services, the department of behavioral healthcare,

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developmental disabilities and hospitals the department of mental health, retardation and

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hospitals, and the department of health regarding the development of priorities and criteria for

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disbursement of moneys in response to both individual requests and grant-seeking entities from

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the traumatic brain injury fund. Such priorities and criteria shall be in accordance with the

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expenditure guidelines set forth in § 42-12-28 of this chapter.

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     (3) Advise the department of human services, the department of behavioral healthcare,

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developmental disabilities and hospitals the department of mental health, retardation and

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hospitals, and the department of health on all matters regarding traumatic brain injury.

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     (c) The commission shall consist of nineteen (19) members. They shall meet not less than

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four (4) times a year and report their findings annually to the governor and general assembly. The

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members of the commission shall serve without compensation. The commissioners shall elect

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their own officers on a biennial basis.

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     (d) The membership of the commission shall be as follows: the director of the department

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of behavioral healthcare, developmental disabilities and hospitals department of mental health,

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retardation and hospitals or his or her designee; the director of the department of health or his or

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her designee; the director of the department of human services or his or her designee; the director

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of the department of education or his or her designee, all of whom shall serve ex-officio; the chief

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of neurosurgery at Rhode Island Hospital or his or her designee; the president and executive

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director or two (2) designees of the Brain Injury Association of Rhode Island; the director of the

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Rhode Island Disability Law Center or his or her designee; the governor or his or her designee;

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and ten (10) persons appointed by the governor as follows: two (2) persons who are unrelated,

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one of whom must have a traumatic brain injury, and one of whom may be an immediate family

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member of an individual with a traumatic brain injury; one person who is a neurologist; one

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person who is a psychiatrist physiatrist; one person who is a neuropsychologist; one person who

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is a cognitive rehabilitation specialist; one of whom is a traumatic brain injury case manager; one

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of whom is a physical therapist or occupational therapist; one of whom is a representative of a

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post-acute rehabilitation facility; and one person who is a community-based service provider.

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     (e) The first meeting of the members of the commission shall be called to order by the

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governor or his or her designee within ninety (90) days of the effective date of this act [July 7,

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2006]. Of the ten (10) members appointed by the governor, three (3) shall serve a term of one

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year, three (3) shall serve a term of two (2) years, and four (4) shall serve a term of three (3)

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years. Upon expiration of the initial term, commission members shall serve terms of three (3)

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years. The initial terms of commission members shall be determined by lot.

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     SECTION 6. Section 42-61.2-2.2 of the General Laws in Chapter 42-61.2 entitled "Video

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Lottery Terminal" is hereby amended to read as follows:

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     42-61.2-2.2. State authorized to operate casino gaming at Newport Grand. – (a)

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     State-operated casino gaming shall be authorized at the facility of the licensed video

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lottery terminal retailer known as "Newport Grand" located in the town of Newport; provided,

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that the requirements of Article VI, Section 22 of the Rhode Island Constitution are met with

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respect to said facility at the general election next held after enactment of this section.

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     (1)(b) With respect to the Newport Grand facility, the authorization of this section 2.2

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shall be effective upon:

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     (i)(1) The certification by the secretary of state that the qualified voters of the state have

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approved the expansion of gambling at such facility to include casino gaming; and

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     (ii)(2) The certification by the board of canvassers of the city of Newport that the

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qualified electors of the city of Newport have approved the expansion of gambling at such facility

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to include casino gaming.

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     (b)(c) The general assembly finds that:

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     (i)(1) The operation of casino gaming at Newport Grand will play a critical role in the

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economy of the state and enhance local revenues;

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     (2) Pursuant to Article VI, Section 15 of the Rhode Island Constitution and the specific

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powers, authorities and safeguards set forth in subsection (c) herein in connection with the

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operation of casino gaming, the state shall have full operational control over the specified

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location at which casino gaming shall be conducted;

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     (3) It is in the best interest of the state to have the authorization to operate casino gaming

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as specified at Newport Grand; and

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     (4) Pursuant to the provisions of subdivision 42-61.2-2.1(b)(4), and by action of the

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governor, an extensive analysis and evaluation of competitive casino-gaming operations was

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completed, which concluded that the viability of Newport Grand as a video lottery terminal

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facility is threatened by the location of casino gaming in Southeast Massachusetts. ; and

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     (5) The legislature shall, by enactment of comprehensive legislation during the 2012

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session, determine the terms and conditions pursuant to which casino gaming would be operated

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in the state if it is authorized as set forth herein.

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     (c)(d) Notwithstanding the provisions of any other law and pursuant to Article VI,

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Section 15 of the Rhode Island Constitution, the state is authorized to operate, conduct and

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control casino gaming at Newport Grand subject to subsection (a) above. In furtherance thereof,

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the state, through the division of state lottery and/or the department of business regulation, shall

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have full operational control to operate the foregoing facilities, the authority to make all decisions

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about all aspects of the functioning of the business enterprise, including, without limitation, the

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power and authority to:

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     (1) Determine the number, type, placement and arrangement of casino-gaming games,

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tables and sites within the facility;

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     (2) Establish with respect to casino gaming one or more systems for linking, tracking,

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deposit and reporting of receipts, audits, annual reports, prohibitive conduct and other such

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matters determined from time to time;

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     (3) Collect all receipts from casino gaming, require that Newport Grand collect casino-

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gaming gross receipts in trust for the state through the division of state lottery, deposit such

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receipts into an account or accounts of its choice, allocate such receipts according to law, and

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otherwise maintain custody and control over all casino-gaming receipts and funds;

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     (4) Hold and exercise sufficient powers over Newport Grand’s accounting and finances to

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allow for adequate oversight and verification of the financial aspects of casino gaming at the

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facility, including, without limitation:

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     (i) The right to require Newport Grand to maintain an annual balance sheet, profit and

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loss, and any other necessary information or reports; and

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     (ii) The authority and power to conduct periodic compliance or special or focused audits

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of the information or reports provided, as well as the premises with the facility containing records

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of casino gaming or in which the business of Newport Grand’s casino-gaming operations are

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conducted;

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     (5) Monitor all casino-gaming operations and have the power to terminate or suspend any

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casino-gaming activities in the event of an integrity concern or other threat to the public trust, and

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in furtherance thereof, require the licensed video lottery retailer to provide a specified area or

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areas from which to conduct such monitoring activities;

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     (6) Define and limit the rules of play and odds of authorized casino-gaming games,

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including, without limitation, the minimum and maximum wagers for each casino-gaming game;

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     (7) Have approval rights over matters relating to the employment of individuals to be

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involved, directly or indirectly, with the operation of casino gaming at Newport Grand;

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     (8) Establish compulsive gambling treatment programs;

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     (9) Promulgate, or propose for promulgation, any legislative, interpretive and procedural

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rules necessary for the successful implementation, administration and enforcement of this

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chapter; and

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     (10) Hold all other powers necessary and proper to fully effectively execute and

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administer the provisions of this chapter for its purpose of allowing the state to operate a casino-

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gaming facility through a licensed video lottery retailer hosting said casino gaming on behalf of

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the state of Rhode Island.

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     (d)(e) Subject to subsection (a) above, the state, through the division of state lottery

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and/or the department of business regulation, may expand Newport Grand’s existing video lottery

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license issued, or issue Newport Grand a new casino-gaming license, to permit casino gaming to

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the extent authorized by this act.

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     (e)(f) Subject to subsection (a) above, all rules and regulations shall be promulgated by

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the state, through the division of state lottery and the department of business regulation, in

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accordance with the authority conferred upon the general assembly pursuant to Article VI,

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Section 15 of the Rhode Island Constitution. In accord therewith, subject to subsection (a) above,

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the state, through the division of state lottery and/or the department of business regulation, shall

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have authority to issue such regulations as it deems appropriate pertaining to control, operation

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and management of casino gaming as specifically set forth in subsections (b), and (c) and (d).

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     Section 2. Nothing in this act shall abrogate or diminish the powers of the state, through

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the division of state lottery and/or the department of business regulation, to conduct and control

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video lottery terminals pursuant to chapter 42-61.2 of the general laws.

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     Section 3. Pursuant to Article VI, section 22 of the Rhode Island constitution

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Constitution, the following question shall be submitted by the secretary of state to the qualified

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electors of the state at the next statewide general election, and the secretary of state shall certify

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the election results:

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     Shall an act be approved which would authorize the facility known as "Newport Grand"

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in the city of Newport to add state-operated casino gaming, such as table games, to the types of

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gambling it offers?"

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     Section 4. Pursuant to Article VI, section 22 of the Rhode Island constitution

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Constitution, the following question shall be submitted by the local board of canvassers to the

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qualified electors of the city of Newport at the next statewide general election, and the results

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thereof shall be certified to the secretary of state:

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     "Shall an act be approved which would authorize the facility known as "Newport Grand"

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in the city of Newport to add state-operated casino gaming, such as table games, to the types of

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gambling it offers?"

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     Section 5. Unless otherwise amended by this act, the terms, conditions, provisions, and

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definitions of chapters 322 and 323 of the public laws of 2005 and chapter 16 of the public laws

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of 2010 are hereby incorporated herein by reference and shall remain in full force and effect.

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     Section 6. The said question to be submitted to the qualified electors relating to Newport

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Grand, as well as that question to be submitted to the qualified electors pursuant to article 25 of

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chapter 151 of the 2011 public laws relating to Twin River shall appear on the ballots as the first

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two (2) referendum question.

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     SECTION 7. Section 4-26-5 of the General Laws in Chapter 4-26 entitled "The Rhode

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Island Livestock Welfare and Care Standards Advisory Council Act of 2012" is hereby amended

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to read as follows:

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     4-26-5. Duties of the council. -- The council shall support and work collaboratively with

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the department as follows:

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     (1) Review and evaluate laws and rules of the state applicable to the care and handling of

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livestock as defined in subsection subdivision 4-26-3(c) (7) including, but not limited to:

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     (i) The overall health and welfare of livestock species;

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     (ii) Agricultural operation best management practices;

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     (iii) Biosecurity and disease prevention;

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     (iv) Humane transport and slaughter practices; and

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     (v) Any other matters the council considers necessary for the proper care and well being

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of livestock animals in the state.

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     (2) Respond to requests from the legislature for information and comments on proposed

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legislation;

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     (3) Issue recommendations necessary to achieve these goals;

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     (4) Submit policy recommendations to the director and general assembly on any of the

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subject matter set forth under subdivision (ii) of this subsection.

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     SECTION 8. Section 15-3.1-10 of the General Laws in Chapter 15-3.1 entitled "Civil

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Unions" is hereby amended to read as follows:

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     15-3.1-10. Requirement of department of health - Civil unions. -- (a) The department

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of health, office of vital statistics shall draft and distribute applications for civil unions to every

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town and city within the state.

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     SECTION 9. Section 15-5-16 of the General Laws in Chapter 15-5 entitled "Divorce and

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Separation" is hereby amended to read as follows:

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     15-5-16. Alimony and counsel fees - Custody of children. -- (a) In granting any petition

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for divorce, divorce from bed and board, or relief without the commencement of divorce

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proceedings, the family court may order either of the parties to pay alimony or counsel fees, or

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both, to the other.

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     (b) (1) In determining the amount of alimony or counsel fees, if any, to be paid, the court,

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after hearing the witnesses, if any, of each party, shall consider:

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     (i) The length of the marriage;

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     (ii) The conduct of the parties during the marriage;

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     (iii) The health, age, station, occupation, amount and source of income, vocational skills,

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and employability of the parties; and

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     (iv) The state and the liabilities and needs of each of the parties.

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     (2) In addition, the court shall consider:

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     (i) The extent to which either party is unable to support herself or himself adequately

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because that party is the primary physical custodian of a child whose age, condition, or

11-11

circumstances make it appropriate that the parent not seek employment outside the home, or seek

11-12

only part-time or flexible-hour employment outside the home;

11-13

     (ii) The extent to which either party is unable to support herself or himself adequately

11-14

with consideration given to:

11-15

     (A) The extent to which a party was absent from employment while fulfilling

11-16

homemaking responsibilities, and the extent to which any education, skills, or experience of that

11-17

party have become outmoded and his or her earning capacity diminished;

11-18

     (B) The time and expense required for the supported spouse to acquire the appropriate

11-19

education or training to develop marketable skills and find appropriate employment;

11-20

     (C) The probability, given a party's age and skills, of completing education or training

11-21

and becoming self-supporting;

11-22

     (D) The standard of living during the marriage;

11-23

     (E) The opportunity of either party for future acquisition of capital assets and income;

11-24

     (F) The ability to pay of the supporting spouse, taking into account the supporting

11-25

spouse's earning capacity, earned and unearned income, assets, debts, and standard of living;

11-26

     (G) Any other factor which the court expressly finds to be just and proper.

11-27

     (c) (1) For the purposes of this section, "alimony" is construed as payments for the

11-28

support or maintenance of either the husband or the wife.

11-29

     (2) Alimony is designed to provide support for a spouse for a reasonable length of time to

11-30

enable the recipient to become financially independent and self-sufficient. However, the court

11-31

may award alimony for an indefinite period of time when it is appropriate in the discretion of the

11-32

court based upon the factors set forth in subdivision (b)(2)(ii)(B). After a decree for alimony has

11-33

been entered, the court may from time to time upon the petition of either party review and alter its

11-34

decree relative to the amount and payment of the alimony, and may make any decree relative to it

12-1

which it might have made in the original suit. The decree may be made retroactive in the court's

12-2

discretion to the date that the court finds that a substantial change in circumstances has occurred;

12-3

provided, the court shall set forth in its decision the specific findings of fact which show a

12-4

substantial change in circumstances and upon which findings of facts the court has decided to

12-5

make the decree retroactive. Nothing provided in this section shall affect the power of the court as

12-6

subsequently provided by law to alter, amend, or annul any order of alimony previously entered.

12-7

Upon the remarriage of the spouse who is receiving alimony, the obligation to pay alimony shall

12-8

automatically terminate at once.

12-9

     (d) (1) In regulating the custody of the children, the court shall provide for the reasonable

12-10

right of visitation by the natural parent not having custody of the children, except upon the

12-11

showing of cause why the right should not be granted. The court shall mandate compliance with

12-12

its order by both the custodial parent and the children. In the event of noncompliance, the

12-13

noncustodial parent may file a motion for contempt in family court. Upon a finding by the court

12-14

that its order for visitation has not been complied with, the court shall exercise its discretion in

12-15

providing a remedy, and define the noncustodial parent's visitation in detail. However, if a second

12-16

finding of noncompliance by the court is made, the court shall consider this to be grounds for a

12-17

change of custody to the noncustodial parent.

12-18

     (2) In regulating the custody and determining the best interests of children, the fact that a

12-19

parent is receiving public assistance shall not be a factor in awarding custody.

12-20

     (3) A judicial determination that the child has been physically or sexually abused by the

12-21

natural parent shall constitute sufficient cause to deny the right of visitation. However, when the

12-22

court enters an order denying visitation under this section, it shall review the case at least

12-23

annually to determine what, if any, action the parent has taken to rehabilitate himself or herself

12-24

and whether the denial of visitation continues to be in the child's best interests.

12-25

     (4) The court may order a natural parent who has been denied the right of visitation due

12-26

to physical or sexual abuse of his or her child to engage in counseling. The failure of the parent to

12-27

engage in counseling, ordered by the court pursuant to this section, shall constitute sufficient

12-28

cause to deny visitation.

12-29

     (e) In all hearings regarding denial of visitation, the court shall make findings of fact.

12-30

     (f) This chapter does not affect the right of the family court to award alimony or support

12-31

pendente lite.

12-32

     (g) (1) Notwithstanding the provisions of this section and § 15-5-19, the court, when

12-33

making decisions regarding child custody and visitation, shall consider evidence of past or

12-34

present domestic violence. Where domestic violence is proven, any grant of visitation shall be

13-1

arranged so as to best protect the child and the abused parent from further harm.

13-2

     (2) In addition to other factors that a court must consider in a proceeding in which the

13-3

court has made a finding of domestic or family violence, the court shall consider as primary the

13-4

safety and well-being of the child and of the parent who is the victim of domestic or family

13-5

violence. The court shall also consider the perpetrator's history of causing physical harm, bodily

13-6

injury or assault to another person.

13-7

     (3) In a visitation or custody order, as a condition of the order, the court may:

13-8

     (i) Order the perpetrator of domestic violence to attend and successfully complete, to the

13-9

satisfaction of the court, a certified batterer's intervention program;

13-10

     (ii) Order the perpetrator to attend a substance abuse program whenever deemed

13-11

appropriate;

13-12

     (iii) Require that a bond be filed with the court in order to ensure the return and safety of

13-13

the child;

13-14

     (iv) Order that the address and telephone number of the child be kept confidential;

13-15

     (v) Order an exchange of the child to occur in a protected setting, or supervised by

13-16

another person or agency; provided that, if the court allows a family or household member to

13-17

supervise visitation, the court shall establish conditions to be followed during visitation;

13-18

     (vi) Order the perpetrator of domestic violence to abstain from possession or

13-19

consumption of alcohol or controlled substances during the visitation; and

13-20

     (vii) Impose any other condition that is deemed necessary to provide for the safety of the

13-21

child, the victim of domestic violence, or other family or household member.

13-22

     (4) "Domestic violence" means the occurrence of one or more of the following acts

13-23

between spouses or people who have a child in common:

13-24

     (i) Attempting to cause or causing physical harm;

13-25

     (ii) Placing another in fear of imminent serious physical harm;

13-26

     (iii) Causing another to engage involuntarily in sexual relations by force, threat of force,

13-27

or duress.

13-28

     (5) In every proceeding in which there is at issue the modification of an order for custody

13-29

or visitation of a child, the finding that domestic or family violence has occurred since the last

13-30

custody determination constitutes a prima facie finding of a change of circumstances.

13-31

     (6) The fact that a parent is absent or relocates because of an act of domestic or family

13-32

violence by the other parent shall not weigh against the relocating or absent parent in determining

13-33

custody and visitation.

14-34

     (7) A party's absence, relocation, or failure to comply with custody and visitation orders

14-35

shall not, by itself, be sufficient to justify a modification of a custody or visitation order if the

14-36

reason for the absence, relocation, or failure to comply is the party's activation to military service

14-37

or deployment out of state.

14-38

     (h) If there is no existing order establishing the terms of parental rights and

14-39

responsibilities or parent-child contact and it appears that deployment or mobilization is

14-40

imminent, upon motion by either parent, the court shall expedite a hearing to establish temporary

14-41

parental rights and responsibilities and parent-child contact to ensure the deploying parent has

14-42

access to the child, to ensure disclosure of information, to grant other rights and duties set forth

14-43

herein, and to provide other appropriate relief. Any initial pleading filed to establish parental

14-44

rights and responsibilities for or parent-child contact with a child of a deploying parent shall be so

14-45

identified at the time of filing by stating in the text of the pleading the specific facts related to

14-46

deployment.

14-47

     SECTION 10. The title of Chapter 15-9 of the General Laws entitled "SUPPORT OF

14-48

CHILDREN" is hereby amended to read as follows:

14-49

     CHAPTER 15-9

14-50

Support of Children

14-51

     CHAPTER 15-9

14-52

SUPPORT OF CHILDREN

14-53

[See Title 16 Chapter 97 -- The Rhode Island Board Of Education Act]

14-54

     SECTION 11. Section 15-26-2 of the General Laws in Chapter 15-26 entitled "State

14-55

Disbursement Unit for the Collection and Distribution of Child Support" is hereby amended to

14-56

read as follows:

14-57

     15-26-2. Operation. -- (a) The centralized state collection and disbursement unit shall

14-58

be operated directly by the department of administration, division of taxation or its designee and

14-59

in coordination with the automated system.

14-60

     (b) The centralized state collection and disbursement unit shall use the automated

14-61

procedures, electronic processes, including the electronic funds transfer (EFT) provisions as

14-62

authorized by the tax administrator under § 44-1-31, and computer driven technology to the

14-63

maximum extent feasible, efficient and economical for the collection and disbursement of support

14-64

payments, including procedures for receipt from parents, employers, and other states, and for

14-65

disbursement to custodial parents and other obligees, the state agency, and the agencies of other

14-66

states:

14-67

     (1) (i) For accurate identification of payments;

15-68

     (2) (ii) To ensure prompt disbursement of the custodial parent's share of any payment;

15-69

and

15-70

     (3) (iii) To furnish to any parent, upon request, timely information on the current status of

15-71

support payments.

15-72

     SECTION 12. The title of Chapter 16-1 of the General Laws entitled "STATE

15-73

DEPARTMENT OF ELEMENTARY AND SECONDARY EDUCATION" is hereby amended

15-74

to read as follows:

15-75

     CHAPTER 16-1

15-76

State Department of Elementary and Secondary Education

15-77

     CHAPTER 16-1

15-78

STATE DEPARTMENT OF ELEMENTARY AND SECONDARY EDUCATION

15-79

     [See Title 16 Chapter 97 -- The Rhode Island Board Of Education Act]

15-80

     SECTION 13. The title of Chapter 16-2 of the General Laws entitled "SCHOOL

15-81

COMMITTEES AND SUPERINTENDENTS" is hereby amended to read as follows:

15-82

     CHAPTER 16-2

15-83

School Committees And Superintendents

15-84

     CHAPTER 16-2

15-85

SCHOOL COMMITTEES AND SUPERINTENDENTS

15-86

     [See Title 16 Chapter 97 -- The Rhode Island Board Of Education Act]

15-87

     SECTION 14. Section 16-2-9.3 of the General Laws in Chapter 16-2 entitled "School

15-88

Committees and Superintendents" is hereby amended to read as follows:

15-89

     16-2-9.3.The advisory council on school finances. -- (a) The legislature hereby finds

15-90

and declares that there is a need for an advisory council on school finances to strengthen the fiscal

15-91

accountability of school districts, regional school districts, state schools and charter schools in

15-92

Rhode Island. The council shall be composed of five (5) members as follows:

15-93

     (1) The auditor general of the state of Rhode Island or his or her designee;

15-94

     (2) The executive director of the Rhode Island association of school committees or his or

15-95

her designee;

15-96

     (3) The president of the Rhode Island association of school business officials or his or her

15-97

designee;

15-98

     (4) The commissioner of elementary and secondary education or his or her designee; and

15-99

     (5) The director of the department of administration or his or her designee. The auditor

15-100

general or his or her designee shall serve as chair of the council. By July 1, 2005, the council shall

15-101

develop recommendations for a uniform system of accounting, including a chart of accounts for

15-102

all school districts, regional school districts, state schools and charter schools. By July 1, 2009 the

16-1

council shall develop recommendations for a uniform system of accounting for all educational

16-2

regional collaboratives identified in § chapter 16-3.1. Said recommendations shall be advisory in

16-3

nature and may be adopted by the office of auditor general and the department of elementary and

16-4

secondary education in part or in whole.

16-5

     (b) The council shall meet no less than annually and recommend changes in accounting

16-6

procedures to be adopted by school districts, regional school districts, state schools and charter

16-7

schools as well as apprise school business officials, charter school officials, school committees

16-8

and school superintendents, school administrators and state school officials about professional

16-9

development opportunities that promotes sound fiscal practices and a knowledge of current state

16-10

and federal rules and regulations regarding school finance. The council shall also report, annually,

16-11

its activities and recommendations to the house committee on education accountability, the senate

16-12

committee on education and the office of the governor.

16-13

     SECTION 15. The title of Chapter 16-3 of the General Laws entitled

16-14

"ESTABLISHMENT OF REGIONAL SCHOOL DISTRICTS" is hereby amended to read as

16-15

follows:

16-16

     CHAPTER 16-3

16-17

Establishment of Regional School Districts

16-18

     CHAPTER 16-3

16-19

ESTABLISHMENT OF REGIONAL SCHOOL DISTRICTS

16-20

[See Title 16 Chapter 97 -- The Rhode Island Board Of Education Act]

16-21

     SECTION 16. The title of Chapter 16-3.1 of the General Laws entitled "COOPERATIVE

16-22

SERVICE AMONG SCHOOL DISTRICTS" is hereby amended to read as follows:

16-23

     CHAPTER 16-3.1

16-24

Cooperative Service Among School Districts

16-25

     CHAPTER 16-3.1

16-26

COOPERATIVE SERVICE AMONG SCHOOL DISTRICTS

16-27

[See Title 16 Chapter 97 -- The Rhode Island Board Of Education Act]

16-28

     SECTION 17. Sections 16-3.1-8 and 16-3.1-10 of the General Laws in Chapter 16-3.1

16-29

entitled "Cooperative Service Among School Districts" are hereby amended to read as follows:

16-30

     16-3.1-8. Regional center collaborative - Northern Rhode Island. -- (a)

16-31

Notwithstanding the provisions of any general or special law to the contrary, the school

16-32

committees of the cities and towns of Lincoln, Cumberland, Pawtucket, Central Falls,

16-33

Woonsocket, Smithfield, North Smithfield, North Providence, Johnston, Foster, Glocester,

16-34

Foster-Glocester regional school district, and Burrillville are authorized and empowered to

17-1

continue and/or initiate cooperative efforts to provide special education programs and diagnostic

17-2

services required by law or regulation, to utilize technology, including without limitation

17-3

television, to provide limited interest curriculum, and to provide programs for the gifted and

17-4

talented, all on a collaborative basis. The various school committees may assign and delegate to

17-5

their respective school committee chairs or designee or superintendents of schools or designee,

17-6

acting as a regional board, any duties, responsibilities, and powers that the committees may deem

17-7

necessary for the conduct, administration, and management of the regional center collaborative of

17-8

northern Rhode Island.

17-9

     (b) The Northern Rhode Island Collaborative, as a nonprofit corporation, shall have all

17-10

the powers provided in the R.I. Nonprofit Corporation Act (RI Gen. Laws § 7-6-1, et seq):

17-11

     (1) To purchase, take, receive, lease, take by gift, or otherwise acquire, own, hold,

17-12

mortgage, finance, improve, and use a certain parcel of realty and fixtures thereon located at 300

17-13

George Washington Highway, Smithfield, Rhode Island, and any parcels of realty contiguous

17-14

thereto.

17-15

     (2) To create a wholly-owned subsidiary entity for the purpose of facilitating any of the

17-16

powers, duties and responsibilities referred to above.

17-17

     16-3.1-10. Regional center collaborative - East Bay Educational Collaborative

17-18

educational collaborative. -- Regional center collaborative - East Bay Educational

17-19

Collaborative. -- (a) Notwithstanding the provisions of any general or special law to the contrary,

17-20

the school committees of the cities and towns of Barrington, Bristol, East Providence, Little

17-21

Compton, Middletown, Newport, Portsmouth, Tiverton, and Warren are authorized and

17-22

empowered to continue and/or initiate cooperative efforts to provide educational programs and/or

17-23

services on a collaborative basis. The various school committees may assign and delegate to their

17-24

respective school committee chairs or designee or superintendents of schools or designee, acting

17-25

as a regional board of directors, any duties, responsibilities, and powers that the committees may

17-26

deem necessary for the conduct, administration, and management of the East Bay Educational

17-27

Collaborative educational collaborative.

17-28

     (b) Notwithstanding the above enumerated powers, duties and responsibilities referred to

17-29

above and in chapter 3.1 of this title, the East Bay Educational Collaborative, as a nonprofit

17-30

corporation incorporated pursuant to the R.I. Nonprofit Corporation Act (RI Gen Laws § 7-6-1, et

17-31

seq.), shall have the authority to:

17-32

     (1) Purchase, take, receive, lease, take by gift, devise, or bequest, or otherwise acquire,

17-33

own, hold, improve, use and otherwise deal in and with real estate, including their current site

17-34

location, to wit, 317 Market Street, Warren, Rhode Island, or such other site as meets the

18-1

administrative and/or operational needs of the East Bay Educational Collaborative, subject to the

18-2

approval of five (5) of the eight (8) school committees of the member districts of the collaborative

18-3

or a majority of the school committees that are members of the collaborative at the time.

18-4

     (2) Sell, convey, mortgage, finance, bond, lend, lease, exchange, transfer, and otherwise

18-5

dispose of all or any part of its property and assets, both real or personal, subject to the approval

18-6

of five (5) of the eight (8) school committees of the member districts of the collaborative or a

18-7

majority of the school committees that are members of the collaborative at the time.

18-8

     SECTION 18. The title of Chapter 16-4 of the General Laws entitled "PERMANENT

18-9

SCHOOL FUND" is hereby amended to read as follows:

18-10

     CHAPTER 16-4

18-11

Permanent School Fund

18-12

     CHAPTER 16-4

18-13

PERMANENT SCHOOL FUND

18-14

[See Title 16 Chapter 97 -- The Rhode Island Board Of Education Act]

18-15

     SECTION 19. The title of Chapter 16-5 of the General Laws entitled "STATE AID" is

18-16

hereby amended to read as follows:

18-17

     CHAPTER 16-5

18-18

State Aid

18-19

     CHAPTER 16-5

18-20

STATE AID

18-21

[See Title 16 Chapter 97 -- The Rhode Island Board Of Education Act]

18-22

     SECTION 20. The title of Chapter 16-7 of the General Laws entitled "FOUNDATION

18-23

LEVEL SCHOOL SUPPORT" is hereby amended to read as follows:

18-24

     CHAPTER 16-7

18-25

Foundation Level School Support

18-26

     CHAPTER 16-7

18-27

FOUNDATION LEVEL SCHOOL SUPPORT

18-28

[See Title 16 Chapter 97 -- The Rhode Island Board Of Education Act]

18-29

     SECTION 21. Sections 16-7-20.1 and 16-7-41.1 of the General Laws in Chapter 16-7

18-30

entitled "Foundation Level School Support" are hereby amended to read as follows:

18-31

     16-7-20.1. Annual report of number of children with disabilities receiving support. --

18-32

The director of the department of behavioral healthcare, developmental disabilities and hospitals

18-33

department of mental health, retardation, and hospitals shall annually report on the first day of

18-34

September to the commissioner of elementary and secondary education the number of children

19-1

with disabilities affected by § 16-7-20 and the educational program costs for the children.

19-2

     16-7-41.1. Eligibility for reimbursement.-- (a) School districts, not municipalities, may

19-3

apply for and obtain approval for a project under the necessity of school construction process set

19-4

forth in the regulations of the board of regents for elementary and secondary education. Such

19-5

approval will remain valid until June 30 of the third fiscal year following the fiscal year in which

19-6

the board of regents for elementary and secondary education's approval is granted. Only those

19-7

projects undertaken at school facilities under the care and control of the school committee and

19-8

located on school property may qualify for reimbursement under §§ 16-7-35 - 16-7-47. Facilities

19-9

with combined school and municipal uses or facilities that are operated jointly with any other

19-10

profit or non-profit agency do not qualify for reimbursement under §§ 16-7-35 - 16-7-47. Projects

19-11

completed by June 30 of a fiscal year are eligible for reimbursement in the following fiscal year.

19-12

A project for new school housing or additional housing shall be deemed to be completed when

19-13

the work has been officially accepted by the school committee or when the housing is occupied

19-14

for its intended use by the school committee, whichever is earlier.

19-15

     (b) Notwithstanding the provisions of this section, the board of regents shall not grant

19-16

final approval for any project between June 30, 2011 and June 30, 2014 except for projects that

19-17

are necessitated by immediate health and safety reasons. In the event that a project is requested

19-18

during the moratorium because of immediate health and safety reasons, those proposals shall be

19-19

reported to the chairs of the house and senate finance committees.

19-20

     (c) Any project approval granted prior to the adoption of the school construction

19-21

regulations in 2007, and which are currently inactive; and any project approval granted prior to

19-22

the adoption of the school construction regulations in 2007 which did not receive voter approval

19-23

or which has not been previously financed, are no longer eligible for reimbursement under this

19-24

chapter. The department of elementary and secondary education shall develop recommendations

19-25

for further cost containment strategies in the school housing aid program.

19-26

     SECTION 22. The title of Chapter 16-7.1 of the General Laws entitled "THE PAUL W.

19-27

CROWLEY RHODE ISLAND STUDENT INVESTMENT INITIATIVE" is hereby amended to

19-28

read as follows:

19-29

     CHAPTER 16-7.1

19-30

The Paul W. Crowley Rhode Island Student Investment Initiative

19-31

     CHAPTER 16-7.1

19-32

THE PAUL W. CROWLEY RHODE ISLAND STUDENT INVESTMENT INITIATIVE

19-33

[See Title 16 Chapter 97 -- The Rhode Island Board Of Education Act]

20-34

     SECTION 23. Sections 16-7.2-4 and 16-7.2-7 of the General Laws in Chapter 16-7.2

20-35

entitled "The Education Equity and Property Tax Relief Act" are hereby amended to read as

20-36

follows:

20-37

     16-7.2-4. Determination of state's share. -- (a) For each district, the state's share of the

20-38

foundation education aid calculated pursuant to § 16-7.2-3(a) shall use a calculation that

20-39

considers a district's revenue generating capacity and concentration of high-need students. The

20-40

calculation is the square root of the sum of the state share ratio for the community calculation

20-41

(SSRC), pursuant to § 16-7-20, squared plus the district's percentage of students eligible for

20-42

USDA reimbursable school meals in grades PK-6 (PK6FRPL) squared, divided by two.

20-43

     (b) For purposes of determining the state's share, school district student data used in this

20-44

calculation shall include charter school and state school students. These ratios are used in the

20-45

permanent foundation education aid formula calculation described in § 16-7.2-5.

20-46

     16-7.2-7. Transition plan. -- (a) The general assembly, shall annually determine the

20-47

appropriation of education aid pursuant to this chapter using a transition plan to begin in fiscal

20-48

year 2012, not to exceed seven (7) years for LEA's for whom the calculated education aid

20-49

pursuant to § 16-7.2-3 is more than the education aid the LEA is receiving as of the effective date

20-50

of the formula, and ten (10) years for LEA's for whom the calculated education aid pursuant to §

20-51

16-7.2-3 is less than the education aid the LEA is receiving as of the effective date of the formula.

20-52

     (b) The local share of funding pursuant to § 16-7.2-5 shall be transitioned proportionately

20-53

over a period not to exceed five (5) years. The transition shall provide a combination of direct aid

20-54

to districts, funds for the categorical programs, and district savings through state- assumed costs,

20-55

as determined by the general assembly on an annual basis, Updates to any components of the

20-56

permanent foundation education aid formula, such as student data, property values, and/or median

20-57

family income, that result in an increase or decrease in state education aid that impacts the total

20-58

state and local contribution by more than three percent (3%) shall be transitioned over a period of

20-59

time not to exceed three (3) years.

20-60

     SECTION 24. The title of Chapter 16-8 of the General Laws entitled "FEDERAL AID"

20-61

is hereby amended to read as follows:

20-62

     CHAPTER 16-8

20-63

Federal Aid

20-64

     CHAPTER 16-8

20-65

FEDERAL AID

20-66

[See Title 16 Chapter 97 -- The Rhode Island Board Of Education Act]

20-67

     SECTION 25. The title of Chapter 16-11 of the General Laws entitled

20-68

"CERTIFICATION OF TEACHERS" is hereby amended to read as follows:

21-1

     CHAPTER 16-11

21-2

Certification of Teachers

21-3

     CHAPTER 16-11

21-4

CERTIFICATION OF TEACHERS

21-5

[See Title 16 Chapter 97 -- The Rhode Island Board Of Education Act]

21-6

     SECTION 26. The title of Chapter 16-11.4 of the General Laws entitled "RHODE

21-7

ISLAND CERTIFICATION STANDARDS BOARD" is hereby amended to read as follows:

21-8

     CHAPTER 16-11.4

21-9

Rhode Island Certification Standards Board

21-10

     CHAPTER 16-11.4

21-11

RHODE ISLAND CERTIFICATION STANDARDS BOARD

21-12

[See Title 16 Chapter 97 -- The Rhode Island Board Of Education Act]

21-13

     SECTION 27. The title of Chapter 16-16 of the General Laws entitled "TEACHERS'

21-14

RETIREMENT" is hereby amended to read as follows:

21-15

     CHAPTER 16-16

21-16

Teachers' Retirement

21-17

     CHAPTER 16-16

21-18

TEACHERS' RETIREMENT

21-19

[See Title 16 Chapter 97 -- The Rhode Island Board Of Education Act]

21-20

     SECTION 28. Section 16-16-35 of the General Laws in Chapter 16-16 entitled

21-21

"Teachers’ Retirement" is hereby amended to read as follows:

21-22

     16-16-35. Contributions. -- (a) The cost of the benefits provided in §§ 16-16-25 - 16-16-

21-23

38 shall be two percent (2%) of the member's annual salary up to but not exceeding an annual

21-24

salary of ninety-six hundred dollars ($9,600); one-half (1/2) of the cost shall be contributed by the

21-25

member by deductions from his or her salary, and the other half (1/2) shall be contributed and

21-26

paid by the respective city, town, or school district by which the member is employed. These

21-27

contributions shall be in addition to the contributions provided in § 16-16-22 and shall be paid

21-28

into the teachers' survivors benefit fund created by §§ 16-16-25 - 16-16-38 in the same manner as

21-29

contributions are made under the provisions of § 16-16-22.

21-30

     (b) In the event the market value of the Teachers' Survivor Benefit Plan assets shall

21-31

decrease below one hundred and twenty (120%) percent of the Teachers' Survivor Benefit Plan

21-32

liabilities as reported by a qualified actuary pursuant to § 16-16-37, the retirement board shall

21-33

determine and fix the amount of contributions necessary to maintain a funding level of not less

21-34

than one hundred and twenty (120%) percent of assets to liabilities ratio. Any adjusted cost of the

22-1

benefits provided in §§ 16-16-25 - 16-16-38 shall be paid for by the member by deduction from

22-2

his or her salary. These contributions shall be in addition to the contributions provided in § 16-16-

22-3

22 and shall be paid into the teachers' survivors benefit fund created by §§ 16-16-25 - 16-16-38 in

22-4

the same manner as contributions are made under the provisions of § 16-16-22.

22-5

     SECTION 29. The title of Chapter 16-17.1 of the General Laws entitled "ALTERNATE

22-6

PROVISIONS FOR RETIREMENT OF TEACHERS IN STATE COLLEGES" is hereby

22-7

amended to read as follows:

22-8

     CHAPTER 16-17.1

22-9

Alternate Provisions for Retirement of Teachers in State Colleges

22-10

     CHAPTER 16-17.1

22-11

ALTERNATE PROVISIONS FOR RETIREMENT OF TEACHERS IN STATE COLLEGES

22-12

[See Title 16 Chapter 97 -- The Rhode Island Board Of Education Act]

22-13

     SECTION 30. The title of Chapter 16-19 of the General Laws entitled "COMPULSORY

22-14

ATTENDANCE" is hereby amended to read as follows:

22-15

     CHAPTER 16-19

22-16

Compulsory Attendance

22-17

     CHAPTER 16-19

22-18

COMPULSORY ATTENDANCE

22-19

[See Title 16 Chapter 97 -- The Rhode Island Board Of Education Act]

22-20

     SECTION 31. Section 16-21-14.1of the General Laws in Chapter 16-21 entitled "Health

22-21

and Safety of Pupils" is hereby amended to read as follows:

22-22

     16-21-14.1. Vision screening. – (a) Upon entering kindergarten or within thirty (30) days

22-23

of the start of the school year, the parent or guardian of each child shall present to school health

22-24

personnel certification that the child, within the previous twelve (12) months has passed a vision

22-25

screening conducted by a health care professional licensed by the department of health or has

22-26

obtained a comprehensive eye examination performed by a licensed optometrist or

22-27

ophthalmologist. For children who fail to pass the vision screening and for children diagnosed

22-28

with neurodevelopmental delay, proof of a comprehensive eye examination performed by a

22-29

licensed optometrist or ophthalmologist indicating any pertinent diagnosis, treatment, prognosis,

22-30

recommendation and evidence of follow-up treatment, if necessary, shall be provided.

22-31

     (b) Any person who conducts a comprehensive eye examination of a child in response to

22-32

such child having failed a vision screening given in accordance with the provisions of this section

22-33

shall forward a written report of the results of the examination to the school health personnel and

22-34

a copy of said report to a parent or guardian of such child and the child's primary health care

23-1

provider. Said report shall include, but not be limited to, the following:

23-2

     (1) (i) Date of report;

23-3

     (2) (ii) Name, address and date of birth of the child;

23-4

     (3) (iii) Name of the child's school;

23-5

     (4) (iv) Type of examination;

23-6

     (5) (v) A summary of significant findings, including diagnoses, medication used, duration

23-7

of action of medication, treatment, prognosis, whether or not a return visit is recommended and, if

23-8

so, when;

23-9

     (6) (vi) Recommended educational adjustments for the child, if any, which may include

23-10

the following: preferential seating in the classroom, eyeglasses for full-time use in school,

23-11

eyeglasses for part-time use in school, sight-saving eyeglasses or any other recommendations;

23-12

     (7) (vii) Name, address and signature of the examiner.

23-13

     (c) The department of health in consultation with the department of education shall

23-14

promulgate regulations to carry out the purposes of this section, including the regular reporting to

23-15

the departments of health and education on the results of examinations provided under subsection

23-16

(b) above.

23-17

     (d) The commissioner of elementary and secondary education shall provide a

23-18

comprehensive report on the education of blind and visually impaired children to the general

23-19

assembly prior to March 1, 2009. The report shall include, but not limited to, an overview of

23-20

policies and programs; an analysis of the effect that vision exam reports have had on improving

23-21

education for children; and the comprehensive statewide vision education and services program;

23-22

and recommendations. The commissioner shall provide an update of said analysis and report to

23-23

the general assembly prior to March 1, 2012 and every three (3) years thereafter.

23-24

     SECTION 32. The title of Chapter 16-21.1 of the General Laws entitled

23-25

"TRANSPORTATION OF SCHOOL PUPILS BEYOND CITY AND TOWN LIMITS" is hereby

23-26

amended to read as follows:

23-27

     CHAPTER 16-21.1

23-28

Transportation of School Pupils Beyond City and Town Limits

23-29

     CHAPTER 16-21.1

23-30

TRANSPORTATION OF SCHOOL PUPILS BEYOND CITY AND TOWN LIMITS

23-31

[See Title 16 Chapter 97 -- The Rhode Island Board Of Education Act]

23-32

     SECTION 33. Sections 16-21.2-4, 16-21.2-5, 16-21.2-6, 16-21.2-8 and 16-21.2-9 of the

23-33

General Laws in Chapter 16-21.2 entitled "The Rhode Island Substance Abuse Prevention Act"

23-34

are hereby amended to read as follows:

24-1

     16-21.2-4. Substance abuse prevention program. -- (a) The department of behavioral

24-2

healthcare, developmental disabilities and hospitals department of mental health, retardation, and

24-3

hospitals shall be charged with the administration of this chapter and shall provide grants to assist

24-4

in the planning, establishment, and operation of substance abuse prevention programs. Grants

24-5

under this section shall be made to municipal governments or their designated agents according to

24-6

the following guidelines:

24-7

     (1) The maximum grant shall be one hundred twenty-five thousand dollars ($125,000);

24-8

provided, however, in the event that available funding exceeds $1.6 million in a fiscal year, those

24-9

surplus funds are to be divided proportionately among the cities and towns on a per capita basis

24-10

but in no event shall the city of Providence exceed a maximum grant cap of $175,000.00.

24-11

     (2) In order to obtain a grant, the municipality or its designated agent must in the first

24-12

year:

24-13

     (i) Demonstrate the municipality's need for a comprehensive substance abuse program in

24-14

the areas of prevention and education.

24-15

     (ii) Demonstrate that the municipality has established by appropriate legislative or

24-16

executive action, a substance abuse prevention council which shall assist in assessing the needs

24-17

and resources of the community, developing a three (3) year plan of action addressing the

24-18

identified needs, the operation and implementation of the overall substance abuse prevention

24-19

program; coordinating existing services such as law enforcement, prevention, treatment, and

24-20

education; consisting of representatives of the municipal government, representatives of the

24-21

school system, parents, and human service providers.

24-22

     (iii) Demonstrate the municipality's ability to develop a plan of implementation of a

24-23

comprehensive three (3) year substance abuse prevention program based on the specific needs of

24-24

the community to include high risk populations of adolescents, children of substance abusers, and

24-25

primary education school aged children.

24-26

     (iv) Agree to conduct a survey/questionnaire of the student population designed to

24-27

establish the extent of the use and abuse of drugs and alcohol in students throughout the local

24-28

community's school population.

24-29

     (v) Demonstrate that at least twenty percent (20%) of the cost of the proposed program

24-30

will be contributed either in cash or in-kind by public or private resources within the

24-31

municipality.

24-32

     (b) The department of behavioral healthcare, developmental disabilities and hospitals

24-33

department of mental health, retardation, and hospitals shall adopt rules and regulations necessary

24-34

and appropriate to carry out the purposes of this section.

25-1

     16-21.2-5. Funding of substance abuse prevention program. – (a) Money to fund the

25-2

Rhode Island Substance Abuse Prevention Act shall be appropriated from state general revenues

25-3

and shall be raised by assessing an additional penalty of thirty dollars ($30.00) for all speeding

25-4

violations as set forth in § 31-43-5.1. The money shall be deposited as general revenues. The

25-5

department of behavioral healthcare, developmental disabilities and hospitals department of

25-6

mental health, retardation, and hospitals may utilize up to ten percent (10%) of the sums

25-7

appropriated for the purpose of administering the substance abuse prevention program.

25-8

     (b) Grants made under this chapter shall not exceed money available in the substance

25-9

abuse prevention program.

25-10

     16-21.2-6. Timetable for grant applications and disbursement. – The department of

25-11

behavioral healthcare, developmental disabilities and hospitals department of mental health,

25-12

retardation, and hospitals shall establish guidelines and criteria for the acceptance of grant

25-13

applications and the disbursement of grants.

25-14

     16-21.2-8. The duties of the director of the department of mental health, retardation,

25-15

and hospitals.-- The duties of the director of the department of behavioral healthcare,

25-16

developmental disabilities and hospitals.--The director of the department of behavioral

25-17

healthcare, developmental disabilities and hospitals department of mental health, retardation, and

25-18

hospitals or his or her designated agent shall make an annual report by September 1 of each year

25-19

to the governor and the general assembly on the administration of the program.

25-20

     16-21.2-9. Permanent legislative oversight commission on substance abuse

25-21

prevention. -- There is established a permanent legislative oversight commission on substance

25-22

abuse prevention whose purpose it shall be to oversee the implementation and administration of

25-23

the Rhode Island Substance Abuse Prevention Act and to advise and make recommendations to

25-24

the general assembly as to the adequacy and efficiency of all statutes, rules, regulations,

25-25

guidelines, practices, and programs relating to substance abuse prevention. The commission shall

25-26

consist of twelve (12) members: five (5) members shall be appointed by the speaker of the house

25-27

of representatives from among the members of the house of representatives, not more than four

25-28

(4) of whom shall be from the same political party; three (3) members shall be appointed by the

25-29

president of the senate from among the members of the senate, not more than two (2) of whom

25-30

shall be from the same political party; and one member (ex officio) shall be the director of the

25-31

department of behavioral healthcare, developmental disabilities and hospitals department of

25-32

mental health, retardation, and hospitals and one member (ex officio) shall be the director of the

25-33

department of health or designee; and a Rhode Island Substance Abuse Prevention Act task force

25-34

member to be appointed by the chairperson of the commission; and a public member appointed

26-1

by the chairperson of the commission. The chairperson of the commission shall be appointed by

26-2

the speaker of the house of representatives. Members of the commission shall serve without

26-3

compensation, except that they shall be allowed their actual and necessary expenses incurred in

26-4

the performance of their duties under this section. The commission may request and shall receive

26-5

from any instrumentality of the state, including the division of substance abuse of the department

26-6

of behavioral healthcare, developmental disabilities and hospitals department of mental health,

26-7

retardation, and hospitals and from any municipality or any instrumentality of a municipality, any

26-8

information and assistance that it deems necessary for the proper execution of its powers and

26-9

duties under this section. The commission shall meet at least quarterly and shall report at least

26-10

annually to the general assembly on its findings and recommendations with respect to:

26-11

     (1) All existing substance abuse prevention programs;

26-12

     (2) All rules, regulations, and guidelines promulgated pursuant to the Rhode Island

26-13

Substance Abuse Prevention Act;

26-14

     (3) Administration of the Rhode Island Substance Abuse Prevention Act; and

26-15

     (4) Any other matters relating to substance abuse prevention efforts in the state.

26-16

     SECTION 34. The title of Chapter 16-22 of the General Laws entitled "CURRICULUM"

26-17

is hereby amended to read as follows:

26-18

     CHAPTER 16-22

26-19

Curriculum

26-20

     CHAPTER 16-22

26-21

CURRICULUM

26-22

[See Title 16 Chapter 97 -- The Rhode Island Board Of Education Act]

26-23

     SECTION 35. The title of Chapter 16-22.1 of the General Laws entitled "THE

26-24

STATEWIDE VIRTUAL EDUCATION ACT" is hereby amended to read as follows:

26-25

     CHAPTER 16-22.1

26-26

The Statewide Virtual Education Act

26-27

     CHAPTER 16-22.1

26-28

THE STATEWIDE VIRTUAL EDUCATION ACT

26-29

[See Title 16 Chapter 97 -- The Rhode Island Board Of Education Act]

26-30

     SECTION 36. Sections 16-21.3-2, 16-21.3-3, 16-21.3-4 and 16-21.3-5 of the General

26-31

Laws in Chapter 16-21.3 entitled "The Rhode Island Student Assistance Junior High/Middle

26-32

School Act" are hereby amended to read as follows:

26-33

     16-21.3-2. Junior high/middle school student assistance program. -- (a) The

26-34

department of behavioral healthcare, developmental disabilities and hospitals department of

27-1

mental health, retardation, and hospitals shall be charged with the administration of this chapter

27-2

and shall contract with appropriate substance abuse prevention/intervention agencies to provide

27-3

student assistance services in junior high/middle schools.

27-4

     (b) Following the first complete year of operation, school systems receiving junior

27-5

high/middle school student assistance services will be required to contribute twenty percent

27-6

(20%) of the costs of student assistance counselors to the service provider agency in order to

27-7

continue the services.

27-8

     16-21.3-3. Funding of junior high/middle school student assistance program. -- (a)

27-9

Money to fund this program shall be raised by assessing an additional substance abuse prevention

27-10

assessment of thirty dollars ($30.00) for all moving motor vehicle violations handled by the

27-11

traffic tribunal including, but not limited to, those violations set forth in § 31-41.1-4, except for

27-12

speeding. The money shall be deposited in a restricted purpose receipt account separate from all

27-13

other accounts within the department of behavioral healthcare, developmental disabilities and

27-14

hospitals department of mental health, retardation, and hospitals. The restricted purpose receipt

27-15

account shall be known as the junior high/middle school student assistance fund and the traffic

27-16

tribunal shall transfer money from the junior high/middle school student assistance fund to the

27-17

department of behavioral healthcare, developmental disabilities and hospitals the department of

27-18

mental health, retardation, and hospitals for the administration of the Rhode Island Student

27-19

Assistance Junior High/Middle School Act.

27-20

     (b) The department of behavioral healthcare, developmental disabilities and hospitals

27-21

department of mental health, retardation, and hospitals may utilize up to ten percent (10%) of the

27-22

sums collected from the additional penalty for the purpose of administering the program.

27-23

     16-21.3-4. The duties of the director of the department the department of mental

27-24

health, retardation, and hospitals. -- The duties of the director of the department of

27-25

behavioral healthcare, developmental disabilities and hospitals. --The director of the

27-26

department of behavioral healthcare, developmental disabilities and hospitals the department of

27-27

mental health, retardation, and hospitals or his or her designated agent shall make an annual

27-28

report by September 1 of each year to the governor and general assembly on the administration of

27-29

the program and shall submit to the governor and the general assembly the results of an

27-30

independent evaluation of the substance abuse prevention program created in accordance with

27-31

this section.

27-32

     16-21.3-5. Permanent legislative oversight commission on substance abuse

27-33

prevention. -- The established permanent legislative oversight commission on substance abuse

27-34

prevention shall oversee the implementation and administration of this chapter and shall advise

28-1

and make recommendations to the general assembly as to the adequacy and efficiency of all

28-2

statutes, rules, regulations, guidelines, practices, and programs relating to substance abuse

28-3

prevention. Members of the commission shall serve without compensation, except that they shall

28-4

be allowed their actual and necessary expenses incurred in the performance of their duties under

28-5

this section. The commission may request and shall receive from any instrumentality of the state,

28-6

including the division of substance abuse services of the department of behavioral healthcare,

28-7

developmental disabilities and hospitals department of mental health, retardation, and hospitals,

28-8

and from any municipality or any instrumentality of the municipality, any information and

28-9

assistance it deems necessary for the proper execution of its powers and duties under this section.

28-10

The commission shall meet at least quarterly and shall report at least annually to the general

28-11

assembly on its findings and recommendations with respect to: (a) all existing substance abuse

28-12

prevention programs; (b) all rules, regulations, and guidelines promulgated pursuant to this

28-13

chapter; (c) administration of this chapter; (d) any other matters relating to substance abuse

28-14

prevention efforts in the state. The legislative oversight commission shall have the authority to

28-15

designate or commit after careful evaluation unexpended funds from this chapter and chapter 21.2

28-16

of this title to appropriate substance abuse prevention programming and/or planning.

28-17

     SECTION 37. The title of Chapter 16-24 of the General Laws entitled "CHILDREN

28-18

WITH DISABILITIES" is hereby amended to read as follows:

28-19

     CHAPTER 16-24

28-20

Children with Disabilities

28-21

     CHAPTER 16-24

28-22

CHILDREN WITH DISABILITIES

28-23

[See Title 16 Chapter 97 -- The Rhode Island Board Of Education Act]

28-24

     SECTION 38. Sections 16-24-1, 16-24-2, 16-24-3 and 16-24-16 of the General Laws in

28-25

Chapter 16-24 entitled "Children with Disabilities" are hereby amended to read as follows:

28-26

     16-24-1. Duty of school committee to provide special education. -- (a) In any city or

28-27

town where there is a child with a disability within the age range as designated by the regulations

28-28

of the state board of regents for elementary and secondary education, who is functionally limited

28-29

to such an extent that normal educational growth and development is prevented, the school

28-30

committee of the city or town where the child resides shall provide the type of special education

28-31

that will best satisfy the needs of the child with a disability, as recommended and approved by the

28-32

state board of regents for elementary and secondary education in accordance with its regulations

28-33

governing the education of children with disabilities.

29-34

      (b) Notwithstanding any other federal or state law or regulation, the school committee

29-35

where a parentally placed child who has or develops a disability in private school resides, shall

29-36

provide the child with the same free and appropriate education as it provides to children in public

29-37

schools. These children shall have the same rights and remedies in the regulations of the board of

29-38

regents for elementary and secondary education governing the education of children with

29-39

disabilities as children in public school relative to initially determining eligibility, implementation

29-40

and/or any other rights and remedies relative to any special education services the child may be

29-41

eligible or receive from the public school district.

29-42

      (c) For the purpose of this statute, a parentally placed child who has or develops a

29-43

disability in private school is defined as a child enrolled or placed in a private school by the

29-44

unilateral decision of his or her parents and without consolation of the public school district, who

29-45

either has, or at some point while at the private school is diagnosed with a learning disability.

29-46

Parents who unilaterally enroll their child in a private school are required to pay the tuition costs

29-47

related to the child's education that are unrelated to the child's disability, and the public school

29-48

district where the child resides is responsible for payment of the services related to the child's

29-49

disability as developed and determined in the child's individual education plan.

29-50

      (d) For the purpose of this statute, a free and appropriate education is defined as special

29-51

education services and related services that:

29-52

      (i)(1) Are provided at public expense, under public supervision and direction, and

29-53

without charge;

29-54

      (ii)(2) Meet all of the standards and requirements of the state of Rhode Island department

29-55

of education and requirements of the regulations of the board of regents for elementary and

29-56

secondary education governing the education of children with disabilities, which shall include

29-57

initial evaluation and determination procedures;

29-58

      (iii)(3) Include preschool, elementary school or secondary school education in the state;

29-59

and

29-60

      (iv)(4) Are provided in conformity with an individualized education program that meets

29-61

the requirements of the regulations of the board of regents for elementary and secondary

29-62

education governing the education of children with disabilities.

29-63

      (e) In those cases that an individual education plan has been adopted for a child and the

29-64

child moves to another town or city, the plan shall remain in effect until a new plan is adopted for

29-65

the child in the new town or city.

29-66

     16-24-2. Regulations of state board. -- It shall be the duty of the state board of regents

29-67

for elementary and secondary education to set up regulations for the purpose of carrying out the

29-68

intent of this chapter; and the regulations shall also be applicable in the administration of all

30-1

educational programs operated and/or supported by the department of behavioral healthcare,

30-2

developmental disabilities and hospitals department of mental health, retardation, and hospitals,

30-3

human services, and corrections; the department of children, youth, and families and the board of

30-4

regents shall report to the attorney general for the purpose of enforcing any noncompliance with

30-5

its regulations for special education. The regulations shall include:

30-6

      (1) Criteria to determine who is to be included in the category of a child with a disability

30-7

and all persons from the age of three (3) to twenty-one (21) years who are functionally limited to

30-8

such an extent that normal educational growth and development is prevented must be included in

30-9

establishing the category of a child with a disability;

30-10

      (2) Minimum criteria for establishment and/or reimbursement of special facilities (such

30-11

as public school classes, hospital schools, etc.) for each category of exceptionality;

30-12

      (3) Standard accounting procedures including a uniform system of accounts for the

30-13

determination of the cost of special education and standard reporting requirements, both subject

30-14

to the prior written approval of the auditor general, and methods of reimbursement;

30-15

      (4) Teacher training recommendations and minimum teacher qualifications;

30-16

      (5) Transportation;

30-17

      (6) Provisions permitting parents, public education agencies, certified public school

30-18

teachers, support personnel, and their authorized representatives to appeal decisions made

30-19

pursuant to the regulations; and

30-20

      (7) Any other regulations the state board of regents deems necessary to implement this

30-21

chapter.

30-22

     16-24-3. Annual census of children with disabilities. -- The school committee of every

30-23

city and town shall annually ascertain, under regulations prescribed by the state board of regents

30-24

for elementary and secondary education, in cooperation with the directors of human services and

30-25

behavioral healthcare, developmental disabilities and hospitals mental health, retardation, and

30-26

hospitals, the number of children residing in the town or city of school age who have disabilities.

30-27

     16-24-16. Approved centers. -- For the purpose of furnishing transportation and

30-28

providing incidental expenses for the education of mentally retarded children under the age of

30-29

eighteen (18), a center approved by the director of behavioral healthcare, developmental

30-30

disabilities and hospitals mental health, retardation, and hospitals shall be decreed to be a school

30-31

as considered in this chapter.

30-32

     SECTION 39. The title of Chapter 16-25.1 of the General Laws entitled "BRAILLE

30-33

INSTRUCTION FOR BLIND STUDENTS" is hereby amended to read as follows:

31-34

     CHAPTER 16-25.1

31-35

Braille Instruction for Blind Students

31-36

     CHAPTER 16-25.1

31-37

BRAILLE INSTRUCTION FOR BLIND STUDENTS

31-38

[See Title 16 Chapter 97 -- The Rhode Island Board Of Education Act]

31-39

     SECTION 40. The title of Chapter 16-25.2 of the General Laws entitled

31-40

"INSTRUCTION FOR DEAF OR HARD OF HEARING STUDENTS" is hereby amended to

31-41

read as follows:

31-42

     CHAPTER 16-25.2

31-43

Instruction for Deaf or Hard of Hearing Students

31-44

     CHAPTER 16-25.2

31-45

INSTRUCTION FOR DEAF OR HARD OF HEARING STUDENTS

31-46

[See Title 16 Chapter 97 -- The Rhode Island Board Of Education Act]

31-47

     SECTION 41. The title of Chapter 16-25.3 of the General Laws entitled "SCHOOL

31-48

SPEECH AND LANGUAGE PATHOLOGISTS" is hereby amended to read as follows:

31-49

     CHAPTER 16-25.3

31-50

School Speech and Language Pathologists

31-51

     CHAPTER 16-25.3

31-52

SCHOOL SPEECH AND LANGUAGE PATHOLOGISTS

31-53

[See Title 16 Chapter 97 -- The Rhode Island Board Of Education Act]

31-54

     SECTION 42. Section 16-25.3-2 of the General Laws in Chapter 16-25.3 entitled "School

31-55

Speech and Language Pathologists" is hereby amended to read as follows:

31-56

     16-25.3-2. Employment of speech language pathologists. -- (a) Each school district is

31-57

encouraged by the general assembly to employ one full time certified speech language pathologist

31-58

for every forty (40) students who receive speech language services within the age range of three

31-59

(3) to twenty-one (21). In cases where the number of students receiving speech language services

31-60

is above forty (40), the school district is encouraged to employ a speech language pathologist on a

31-61

part time pro-rata basis.

31-62

      (b) When a speech and language evaluation or the provision of speech language services

31-63

are being considered or are part of the student's program the speech language pathologist shall be

31-64

a member of the multidisciplinary team.

31-65

      (c) In the event an individual seeks emergency certification from the department of

31-66

elementary and secondary education in the area of speech language pathology, the individual

31-67

must meet the following minimum requirements before the granting of emergency certification by

31-68

the department of elementary and secondary education:

32-1

      (1) Hold a bachelor's degree in communicative disorders from an accredited college or

32-2

university;

32-3

      (2) Have successfully completed no less than eighteen (18) hours of graduate credit in

32-4

the area of speech language pathology.

32-5

      (d) Individuals under emergency certification to conduct the business of a speech

32-6

language pathologist shall be under the direct supervision of a certified speech language

32-7

pathologist. At no time shall a certified speech language pathologist supervise more than one

32-8

emergency certified speech language pathologist.

32-9

      (e) [Deleted by P.L. 2007, ch. 73, art. 21, section 4].

32-10

      (f) [Deleted by P.L. 2007, ch. 73, art. 21, section 4].

32-11

     SECTION 43. The title of Chapter 16-25.4 of the General Laws entitled "AMERICAN

32-12

SIGN LANGUAGE" is hereby amended to read as follows:

32-13

     CHAPTER 16-25.4

32-14

American Sign Language

32-15

     CHAPTER 16-25.4

32-16

AMERICAN SIGN LANGUAGE

32-17

[See Title 16 Chapter 97 -- The Rhode Island Board Of Education Act]

32-18

     SECTION 44. The title of Chapter 16-26 of the General Laws entitled "SCHOOL FOR

32-19

THE DEAF" is hereby amended to read as follows:

32-20

     CHAPTER 16-26

32-21

School for the Deaf

32-22

     CHAPTER 16-26

32-23

SCHOOL FOR THE DEAF

32-24

[See Title 16 Chapter 97 -- The Rhode Island Board Of Education Act]

32-25

     SECTION 45. The title of Chapter 16-26.1 of the General Laws entitled "RHODE

32-26

ISLAND VISION EDUCATION AND SERVICES PROGRAM" is hereby amended to read as

32-27

follows:

32-28

     CHAPTER 16-26.1

32-29

Rhode Island Vision Education and Services Program

32-30

     CHAPTER 16-26.1

32-31

RHODE ISLAND VISION EDUCATION AND SERVICES PROGRAM

32-32

[See Title 16 Chapter 97 -- The Rhode Island Board Of Education Act]

32-33

     SECTION 46. The title of Chapter 16-28 of the General Laws entitled "EDUCATIONAL

32-34

TELEVISION" is hereby amended to read as follows:

33-1

     CHAPTER 16-28

33-2

Educational Television

33-3

     CHAPTER 16-28

33-4

EDUCATIONAL TELEVISION

33-5

[See Title 16 Chapter 97 -- The Rhode Island Board Of Education Act]

33-6

     SECTION 47. The title of Chapter 16-32 of the General Laws entitled "UNIVERSITY

33-7

OF RHODE ISLAND" is hereby amended to read as follows:

33-8

     CHAPTER 16-32

33-9

University of Rhode Island

33-10

     CHAPTER 16-32

33-11

UNIVERSITY OF RHODE ISLAND

33-12

[See Title 16 Chapter 97 -- The Rhode Island Board Of Education Act]

33-13

     SECTION 48. The title of Chapter 16-32.1 of the General Laws entitled "THE

33-14

UNIVERSITY OF RHODE ISLAND RESEARCH FOUNDATION ACT" is hereby amended to

33-15

read as follows:

33-16

     CHAPTER 16-32.1

33-17

The University of Rhode Island Research Foundation Act

33-18

     CHAPTER 16-32.1

33-19

THE UNIVERSITY OF RHODE ISLAND RESEARCH FOUNDATION ACT

33-20

[See Title 16 Chapter 97 -- The Rhode Island Board Of Education Act]

33-21

     SECTION 49. The title of Chapter 16-33 of the General Laws entitled "RHODE

33-22

ISLAND COLLEGE" is hereby amended to read as follows:

33-23

     CHAPTER 16-33

33-24

Rhode Island College

33-25

     CHAPTER 16-33

33-26

RHODE ISLAND COLLEGE

33-27

[See Title 16 Chapter 97 -- The Rhode Island Board Of Education Act]

33-28

     SECTION 50. The title of Chapter 16-33.1 of the General Laws entitled "COMMUNITY

33-29

COLLEGE OF RHODE ISLAND" is hereby amended to read as follows:

33-30

     CHAPTER 16-33.1

33-31

Community College of Rhode Island

33-32

     CHAPTER 16-33.1

33-33

COMMUNITY COLLEGE OF RHODE ISLAND

33-34

[See Title 16 Chapter 97 -- The Rhode Island Board Of Education Act]

34-1

     SECTION 51. The title of Chapter 16-38 of the General Laws entitled "OFFENSES

34-2

PERTAINING TO SCHOOLS" is hereby amended to read as follows:

34-3

     CHAPTER 16-38

34-4

Offenses Pertaining to Schools

34-5

     CHAPTER 16-38

34-6

OFFENSES PERTAINING TO SCHOOLS

34-7

[See Title 16 Chapter 97 -- The Rhode Island Board Of Education Act]

34-8

     SECTION 52. The title of Chapter 16-39 of the General Laws entitled

34-9

"CONTROVERSIES IN SCHOOL MATTERS" is hereby amended to read as follows:

34-10

     CHAPTER 16-39

34-11

Controversies in School Matters

34-12

     CHAPTER 16-39

34-13

CONTROVERSIES IN SCHOOL MATTERS

34-14

[See Title 16 Chapter 97 -- The Rhode Island Board Of Education Act]

34-15

     SECTION 53. The title of Chapter 16-40 of the General Laws entitled "PRIVATE

34-16

SCHOOLS" is hereby amended to read as follows:

34-17

     CHAPTER 16-40

34-18

Private Schools

34-19

     CHAPTER 16-40

34-20

PRIVATE SCHOOLS

34-21

[See Title 16 Chapter 97 -- The Rhode Island Board Of Education Act]

34-22

     SECTION 54. The title of Chapter 16-42 of the General Laws entitled "EDUCATION

34-23

OF GIFTED CHILDREN" is hereby amended to read as follows:

34-24

     CHAPTER 16-42

34-25

Education of Gifted Children

34-26

     CHAPTER 16-42

34-27

EDUCATION OF GIFTED CHILDREN

34-28

[See Title 16 Chapter 97 -- The Rhode Island Board Of Education Act]

34-29

     SECTION 55. The title of Chapter 16-44 of the General Laws entitled "COMMUNITY

34-30

COLLEGES" is hereby amended to read as follows:

34-31

     CHAPTER 16-44

34-32

Community Colleges

34-33

     CHAPTER 16-44

34-34

COMMUNITY COLLEGES

35-1

[See Title 16 Chapter 97 -- The Rhode Island Board Of Education Act]

35-2

     SECTION 56. The title of Chapter 16-45 of the General Laws entitled "REGIONAL

35-3

VOCATIONAL SCHOOLS" is hereby amended to read as follows:

35-4

     CHAPTER 16-45

35-5

Regional Vocational Schools

35-6

     CHAPTER 16-45

35-7

REGIONAL VOCATIONAL SCHOOLS

35-8

[See Title 16 Chapter 97 -- The Rhode Island Board Of Education Act]

35-9

     SECTION 57. Section 16-45-6.1 of the General Laws in Chapter 16-45 entitled

35-10

"Regional Vocational Schools" is hereby amended to read as follows:

35-11

     16-45-6.1. Career and technical education. -- (a) The general assembly finds that career

35-12

and technical education programs that meet rigorous industry standards and prepare Rhode

35-13

Island's students to succeed in a wide variety of employment settings are a critical component of

35-14

the state's public education system and a necessary element of the state's economic development.

35-15

     (b) The general assembly further finds that the proportion of students now enrolled in

35-16

such programs is inadequate. Therefore, all Rhode Island school districts shall file a plan with the

35-17

Commissioner of Elementary and Secondary Education no later than January 1, 2006 setting forth

35-18

the means through which no fewer than forty (40) percent of their students enrolled in grades nine

35-19

(9) through twelve (12) shall be provided the opportunity to enroll in career and technical

35-20

programming that is certified by the Rhode Island Department of Education as meeting industry

35-21

standards by September 2007.

35-22

     (c) To facilitate the development of additional career and technical program offerings for

35-23

Rhode Island students that meet industry standards the department of elementary and secondary

35-24

education shall, in furtherance of the reports and studies that have been developed since 2000

35-25

setting forth recommendations for an updated system of career and technical education for the

35-26

State of Rhode Island, develop a system design that includes site assessments of all current career

35-27

and technical programs and sets forth standards and procedures for the department of elementary

35-28

and secondary education to approve programs that are developed in cooperation with business,

35-29

industry and postsecondary institutions. The department shall also develop a system design for

35-30

three additional state operated career and technical schools, in addition to the William H. Davies

35-31

School and the Metropolitan Career and Technical Center, including recommendations for a

35-32

model for the siting, building costs, operational costs and program design for each such school.

35-33

The general assembly shall appropriate funds to the department for purposes of their completion

35-34

of the system design for the statewide program approval process to industry standards and the

36-1

development of the models, siting and program design of the three (3) additional state operated

36-2

career and technical schools.

36-3

     SECTION 58. The title of Chapter 16-45.1 of the General Laws entitled "CAREER AND

36-4

TECHNICAL EDUCATION" is hereby amended to read as follows:

36-5

     CHAPTER 16-45.1

36-6

Career and Technical Education

36-7

     CHAPTER 16-45.1

36-8

CAREER AND TECHNICAL EDUCATION

36-9

[See Title 16 Chapter 97 -- The Rhode Island Board Of Education Act]

36-10

     SECTION 59. The title of Chapter 16-52 of the General Laws entitled

36-11

"MAINTENANCE OF ORDER ON CAMPUS" is hereby amended to read as follows:

36-12

     CHAPTER 16-52

36-13

Maintenance of Order on Campus

36-14

     CHAPTER 16-52

36-15

MAINTENANCE OF ORDER ON CAMPUS

36-16

[See Title 16 Chapter 97 -- The Rhode Island Board Of Education Act]

36-17

     SECTION 60. The title of Chapter 16-53 of the General Laws entitled "RHODE

36-18

ISLAND STATE ADVISORY COUNCIL FOR TECHNICAL VOCATIONAL EDUCATION"

36-19

is hereby amended to read as follows:

36-20

     CHAPTER 16-53

36-21

Rhode Island State Advisory Council for Technical Vocational Education

36-22

     CHAPTER 16-53

36-23

RHODE ISLAND STATE ADVISORY COUNCIL FOR TECHNICAL VOCATIONAL

36-24

EDUCATION

36-25

[See Title 16 Chapter 97 -- The Rhode Island Board Of Education Act]

36-26

     SECTION 61. The title of Chapter 16-54 of the General Laws entitled "EDUCATION

36-27

OF LIMITED ENGLISH PROFICIENT STUDENTS" is hereby amended to read as follows:

36-28

     CHAPTER 16-54

36-29

Education of Limited English Proficient Students

36-30

     CHAPTER 16-54

36-31

EDUCATION OF LIMITED ENGLISH PROFICIENT STUDENTS

36-32

[See Title 16 Chapter 97 -- The Rhode Island Board Of Education Act]

36-33

     SECTION 62. The title of Chapter 16-57 of the General Laws entitled "HIGHER

36-34

EDUCATION ASSISTANCE AUTHORITY" is hereby amended to read as follows:

37-1

     CHAPTER 16-57

37-2

Higher Education Assistance Authority

37-3

     CHAPTER 16-57

37-4

HIGHER EDUCATION ASSISTANCE AUTHORITY

37-5

[See Title 16 Chapter 97 -- The Rhode Island Board Of Education Act]

37-6

     SECTION 63. Section 16-57-10 of the General Laws in Chapter 16-57 entitled "Higher

37-7

Education Assistance Authority" is hereby amended to read as follows:

37-8

     16-57-10. Reserve funds. -- (a) To assure the continued operation and solvency of the

37-9

authority for the carrying out of its corporate purposes, the authority may create and establish any

37-10

reserve funds as may be necessary or desirable for its corporate purposes, and may pay into the

37-11

funds any money appropriated and made available by the state, the commissioner, or any other

37-12

source for the purpose of the funds, and any money collected by the authority as fees for the

37-13

guaranty of eligible loans.

37-14

     (b) To assure continued solvency of the authority, the authority's operating fund shall be

37-15

used solely for the ordinary operating expenses of the authority. Furthermore, it is the intent of

37-16

the general assembly that these funds eventually be used to increase financial assistance to Rhode

37-17

Island students in the form of scholarships and grants.

37-18

     SECTION 64. The title of Chapter 16-59 of the General Laws entitled "BOARD OF

37-19

GOVERNORS FOR HIGHER EDUCATION" is hereby amended to read as follows:

37-20

     CHAPTER 16-59

37-21

Board of Governors for Higher Education

37-22

     CHAPTER 16-59

37-23

BOARD OF GOVERNORS FOR HIGHER EDUCATION

37-24

[See Title 16 Chapter 97 -- The Rhode Island Board Of Education Act]

37-25

     SECTION 65. The title of Chapter 16-60 of the General Laws entitled "BOARD OF

37-26

REGENTS FOR ELEMENTARY AND SECONDARY EDUCATION" is hereby amended to

37-27

read as follows:

37-28

     CHAPTER 16-60

37-29

Board of Regents for Elementary and Secondary Education

37-30

     CHAPTER 16-60

37-31

BOARD OF REGENTS FOR ELEMENTARY AND SECONDARY EDUCATION

37-32

[See Title 16 Chapter 97 -- The Rhode Island Board Of Education Act]

37-33

     SECTION 66. The title of Chapter 16-61 of the General Laws entitled "RHODE

37-34

ISLAND PUBLIC TELECOMMUNICATIONS AUTHORITY" is hereby amended to read as

38-1

follows:

38-2

     CHAPTER 16-61

38-3

Rhode Island Public Telecommunications Authority

38-4

     CHAPTER 16-61

38-5

RHODE ISLAND PUBLIC TELECOMMUNICATIONS AUTHORITY

38-6

[See Title 16 Chapter 97 -- The Rhode Island Board Of Education Act]

38-7

     SECTION 67. The title of Chapter 16-63 of the General Laws entitled "ADULT

38-8

EDUCATION" is hereby amended to read as follows:

38-9

     CHAPTER 16-63

38-10

Adult Education

38-11

     CHAPTER 16-63

38-12

ADULT EDUCATION

38-13

[See Title 16 Chapter 97 -- The Rhode Island Board Of Education Act]

38-14

     SECTION 68. Section 16-64-1.1 of the General Laws in Chapter 16-64 entitled

38-15

"Residence of Children for School Purposes" is hereby amended to read as follows:

38-16

     16-64-1.1. Payment and reimbursement for educational costs of children placed in

38-17

foster care, group homes, or other residential facility by a Rhode Island state agency. -- (a)

38-18

Children placed in foster care by a Rhode Island licensed child placing agency or a Rhode Island

38-19

governmental agency shall be entitled to the same free appropriate public education provided to

38-20

all other residents of the city or town where the child is placed. The city or town shall pay the cost

38-21

of the education of the child during the time the child is in foster care in the city or town.

38-22

      (b) Children placed by DCYF in a group home or other residential facility that does not

38-23

include the delivery of educational services are to be educated by the community in which the

38-24

group home or other residential facility is located, and those children shall be entitled to the same

38-25

free appropriate public education provided to all other residents of the city or town where the

38-26

child is placed. For purposes of payment and reimbursement for educational costs under this

38-27

chapter, the term "group home or other residential facility" shall not include independent living

38-28

programs. Each city and town that contains one or more group homes or other residential

38-29

facilities that do not include delivery of educational services will receive funds as part of state aid

38-30

to education in accordance with the following provisions:

38-31

      (1) On December 31 of each year the DCYF shall provide the department of elementary

38-32

and secondary education with a precise count of how many group home or other residential

38-33

facility "beds" exist in each Rhode Island city or town, counting only those "beds" in facilities

38-34

that do not include the delivery of educational services. The number of "beds" in each group

39-1

home or other residential facility shall be equal to the maximum number of children that may be

39-2

placed in that group home or other residential facility on any given night according to the

39-3

applicable licensure standards of the DCYF.

39-4

      (2) For the fiscal year beginning July 1, 2007, if the number of beds certified by the

39-5

Department of Children, Youth and Families for a school district by December 31, 2007 is greater

39-6

than the number certified March 14, 2007 upon which the education aid for FY 2008 was

39-7

appropriated, the education aid for that district will be increased by the number of increased beds

39-8

multiplied by fifteen thousand dollars ($15,000). Notwithstanding the provisions of this section or

39-9

any law to the contrary, the education aid for all group home or other residential facility "beds"

39-10

located or associated with the Children's Residential and Family Treatment (CRAFT) program

39-11

located on the East Providence campus of Bradley Hospital shall be twenty-two thousand dollars

39-12

($22,000) per bed. The Department of Elementary and Secondary Education shall include the

39-13

additional aid in equal payments in March, April, May and June, and the Governor's budget

39-14

recommendations pursuant to section 35-3-8 shall include the amounts required to provide the

39-15

increased aid.

39-16

      For all fiscal years beginning after June 30, 2008, education aid for each school district

39-17

shall include fifteen thousand dollars ($15,000) for each bed certified by the Department of

39-18

Children, Youth and Families by the preceding December 31. Notwithstanding the provisions of

39-19

this section or any law to the contrary, the education aid for all group home or other residential

39-20

facility "beds" located or associated with the Children's Residential and Family Treatment

39-21

(CRAFT) program located on the East Providence campus of Bradley Hospital shall be twenty-

39-22

two thousand dollars ($22,000) per bed. For all fiscal years beginning after June 30, 2008,

39-23

whenever the number of beds certified by the Department of Children, Youth and Families for a

39-24

school district by December 31 is greater than the number certified the prior December 31 upon

39-25

which the education aid for that fiscal year was appropriated, the education aid for that district as

39-26

enacted by the assembly during the prior legislative session for that fiscal year will be increased

39-27

by the number of increased beds multiplied by the amount per bed authorized for that fiscal year.

39-28

The Department of Elementary and Secondary Education shall include the additional aid in equal

39-29

payments in March, April, May and June, and the Governor's budget recommendations pursuant

39-30

to section 35-3-8 shall include the amounts required to provide the increased aid.

39-31

      (3) [Deleted by P.L. 2007, ch. 73, art. 21, section 6.]

39-32

      (4) [Deleted by P.L. 2007, ch. 73, art. 21, section 6.]

39-33

      (5) [Deleted by P.L. 2007, ch. 73, art. 21, section 6.]

40-34

      (c) Children placed by DCYF in a residential treatment program, group home, or other

40-35

residential facility, whether or not located in the state of Rhode Island, which includes the

40-36

delivery of educational services, provided by that facility (excluding facilities where students are

40-37

taught on grounds for periods of time by teaching staff provided by the school district in which

40-38

the facility is located), shall have the cost of their education paid for as provided for in subsection

40-39

(d) of this section and section 16-64-1.2. The city or town determined to be responsible to DYCF

40-40

for a per-pupil special education cost pursuant to section 16-64-1.2 shall pay its share of the cost

40-41

of educational services to DCYF or to the facility providing educational services.

40-42

      (d) Children placed by DCYF in group homes, child caring facilities, community

40-43

residences, or other residential facilities shall have the entire cost of their education paid for by

40-44

DCYF if:

40-45

      (1) The facility is operated by the state of Rhode Island or the facility has a contract with

40-46

DCYF to fund a pre-determined number of placements or part of the facility's program;

40-47

      (2) The facility is state-licensed; and

40-48

      (3) The facility operates an approved on-grounds educational program, whether or not

40-49

the child attends the on-grounds program.

40-50

     SECTION 69. The title of Chapter 16-67 of the General Laws entitled "RHODE

40-51

ISLAND LITERACY AND DROPOUT PREVENTION ACT" is hereby amended to read as

40-52

follows:

40-53

     CHAPTER 16-67

40-54

Rhode Island Literacy and Dropout Prevention Act

40-55

     CHAPTER 16-67

40-56

RHODE ISLAND LITERACY AND DROPOUT PREVENTION ACT

40-57

[See Title 16 Chapter 97 -- The Rhode Island Board Of Education Act]

40-58

     SECTION 70. The title of Chapter 16-67.1 of the General Laws entitled "RHODE

40-59

ISLAND HIGH SCHOOL DROPOUT PREVENTION ACT OF 2007" is hereby amended to

40-60

read as follows:

40-61

     CHAPTER 16-67.1

40-62

Rhode Island High School Dropout Prevention Act of 2007

40-63

     CHAPTER 16-67.1

40-64

RHODE ISLAND HIGH SCHOOL DROPOUT PREVENTION ACT OF 2007

40-65

[See Title 16 Chapter 97 -- The Rhode Island Board Of Education Act]

40-66

     SECTION 71. The title of Chapter 16-69 of the General Laws entitled "60/40 FUNDING

40-67

OF PUBLIC SCHOOLS" is hereby amended to read as follows:

41-68

     CHAPTER 16-69

41-69

60/o40 Funding of Public Schools

41-70

     CHAPTER 16-69

41-71

60/40 FUNDING OF PUBLIC SCHOOLS

41-72

[See Title 16 Chapter 97 -- The Rhode Island Board Of Education Act]

41-73

     SECTION 72. The title of Chapter 16-70 of the General Laws entitled "THE RHODE

41-74

ISLAND CHILDREN'S CRUSADE FOR HIGHER EDUCATION" is hereby amended to read as

41-75

follows:

41-76

     CHAPTER 16-70

41-77

The Rhode Island Children's Crusade for Higher Education

41-78

     CHAPTER 16-70

41-79

THE RHODE ISLAND CHILDREN'S CRUSADE FOR HIGHER EDUCATION

41-80

[See Title 16 Chapter 97 -- The Rhode Island Board Of Education Act]

41-81

     SECTION 73. Section 16-71-3 of the General Laws in Chapter 16-71 entitled "The

41-82

Rhode Island Educational Records Bill of Rights" is hereby amended to read as follows:

41-83

     16-71-3. Educational records access and review rights -- Confidentiality of records. -

41-84

- (a) The parent, legal guardian, or eligible student, shall have the following enumerated rights:

41-85

      (1) The right to personally inspect and review records in existence at the time of the

41-86

request that are required to be kept by law or regulation of the student within ten (10) days of the

41-87

request. The request shall be made to the school's principal or designated appropriate authority;

41-88

      (2) The right to a reasonable explanation and interpretation of the records;

41-89

      (3) The right to copies of the records. The cost per copied page of written records shall

41-90

not exceed fifteen cents ($.15) per page for records copyable on common business or legal size

41-91

paper. No fee will be assessed to search for or to retrieve the records;

41-92

      (4) The right to have the records preserved as long as a request to inspect is outstanding;

41-93

      (5) The right to request an amendment and/or expungement of the records if the parent or

41-94

eligible student believes that the information contained in these records is inaccurate, misleading,

41-95

or in violation of the student's right to privacy; this request shall be made in writing to the

41-96

appropriate records keeper.

41-97

      (6) The right to place a statement in the record commenting on any contested

41-98

information in the record. This statement shall be maintained with the contested part of the record

41-99

for as long as the record is maintained and it shall be disclosed when the portion of the record to

41-100

which it relates is disclosed;

41-101

      (7) The right to have the records kept confidential and not released to any other

41-102

individual, agency or organization without prior written consent of the parent, legal guardian or

42-1

eligible student, except to the extent that the release of the records is authorized by the provisions

42-2

of 20 U.S.C. section 1232g or other applicable law or court process.

42-3

      (b) Any person aggrieved under this chapter shall have the right to appeal in accordance

42-4

with the provisions of chapter 39 of this title.

42-5

     (c) [Deleted by P.L. 2004, ch. 97, section 1 and by P.L. 2004, ch. 106, section 1.

42-6

     SECTION 74. The title of Chapter 16-72 of the General Laws entitled "RHODE

42-7

ISLAND CHALLENGE GRANTS ACT" is hereby amended to read as follows:

42-8

     CHAPTER 16-72

42-9

Rhode Island Challenge Grants Act

42-10

     CHAPTER 16-72

42-11

RHODE ISLAND CHALLENGE GRANTS ACT

42-12

[See Title 16 Chapter 97 -- The Rhode Island Board Of Education Act]

42-13

     SECTION 75. The title of Chapter 16-73 of the General Laws entitled "EDUCATION -

42-14

SOCIAL SERVICES" is hereby amended to read as follows:

42-15

     CHAPTER 16-73

42-16

Education - Social Services

42-17

     CHAPTER 16-73

42-18

EDUCATION -- SOCIAL SERVICES

42-19

[See Title 16 Chapter 97 -- The Rhode Island Board Of Education Act]

42-20

     SECTION 76. The title of Chapter 16-74 of the General Laws entitled "GUARANTEED

42-21

STUDENT ENTITLEMENT" is hereby amended to read as follows:

42-22

     CHAPTER 16-74

42-23

Guaranteed Student Entitlement

42-24

     CHAPTER 16-74

42-25

GUARANTEED STUDENT ENTITLEMENT

42-26

[See Title 16 Chapter 97 -- The Rhode Island Board Of Education Act]

42-27

     SECTION 77. The title of Chapter 16-77 of the General Laws entitled

42-28

"ESTABLISHMENT OF CHARTER PUBLIC SCHOOLS" is hereby amended to read as

42-29

follows:

42-30

     CHAPTER 16-77

42-31

Establishment of Charter Public Schools

42-32

     CHAPTER 16-77

42-33

ESTABLISHMENT OF CHARTER PUBLIC SCHOOLS

42-34

[See Title 16 Chapter 97 -- The Rhode Island Board Of Education Act]

43-1

     SECTION 78. The title of Chapter 16-77.1 of the General Laws entitled "FUNDING OF

43-2

CHARTER PUBLIC SCHOOLS" is hereby amended to read as follows:

43-3

     CHAPTER 16-77.1

43-4

Funding of Charter Public Schools

43-5

     CHAPTER 16-77.1

43-6

FUNDING OF CHARTER PUBLIC SCHOOLS

43-7

[See Title 16 Chapter 97 -- The Rhode Island Board Of Education Act]

43-8

     SECTION 79. The title of Chapter 16-77.2 of the General Laws entitled "DISTRICT

43-9

CHARTER SCHOOL" is hereby amended to read as follows:

43-10

     CHAPTER 16-77.2

43-11

District Charter School

43-12

     CHAPTER 16-77.2

43-13

DISTRICT CHARTER SCHOOL

43-14

[See Title 16 Chapter 97 -- The Rhode Island Board Of Education Act]

43-15

     SECTION 80. The title of Chapter 16-77.3 of the General Laws entitled

43-16

"INDEPENDENT CHARTER SCHOOLS" is hereby amended to read as follows:

43-17

     CHAPTER 16-77.3

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Independent Charter Schools

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     CHAPTER 16-77.3

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INDEPENDENT CHARTER SCHOOLS

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[See Title 16 Chapter 97 -- The Rhode Island Board Of Education Act]

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     SECTION 81. The title of Chapter 16-77.4 of the General Laws entitled "MAYORAL

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ACADEMIES" is hereby amended to read as follows:

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     CHAPTER 16-77.4

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Mayoral Academies

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     CHAPTER 16-77.4

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MAYORAL ACADEMIES

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[See Title 16 Chapter 97 -- The Rhode Island Board Of Education Act]

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     SECTION 82. Section 16-83-3 of the General Laws in Chapter 16-83 entitled "The

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Rhode Island Middle School Reform Act of 2004" is hereby amended to read as follows:

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     16-83-3. School committees -- Implementation of policy. -- Every school committee in

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every city or town shall initiate policy intended to improve the educational performance of its

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middle schools. Said policy shall include the following criteria:

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