2014 -- H 7896

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2014

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J O I N T   R E S O L U T I O N

TO APPROVE AND PUBLISH AND SUBMIT TO THE ELECTORS A PROPOSITION OF

AMENDMENT TO THE CONSTITUTION -- RIGHT TO AN ADEQUATE EDUCATION

     Introduced By: Representatives Messier, Serpa, Fellela, Diaz, and O'Brien

     Date Introduced: March 06, 2014

     Referred To: House Health, Education & Welfare

     RESOLVED, That a majority of all members elected to each house of the general

assembly voting therefore, the following amendment to the Constitution of the state be proposed

to the qualified electors of the state in accordance with the provisions of Article XIV of the

Constitution for their approval and that it take place of Article XII, Sections 1 and 2, and that it

also add additional sections to Article XII, all of which are hereby amended, effective January 1,

2015, to read as follows:

     Section 1. Duty of general assembly to promote schools and libraries Right to an

adequate education. -- The diffusion of knowledge, as well as of virtue among the people, being

essential to the preservation of their rights and liberties, it shall be the duty of the general

assembly to promote public schools and public libraries, and to adopt all means which it may

deem necessary and proper to secure to the people the advantages and opportunities of education

and public library services. is itself a fundamental right of all Rhode Island residents. It shall

therefore be the paramount duty of the general assembly, the department of education, and other

government agencies to provide all Rhode Island residents with equal opportunities to receive an

education that is adequate to permit them to achieve at high levels and to become lifelong

learners, productive workers, and responsible citizens, and also to provide public library services,

and to establish, maintain, or operate such institutions of higher and vocational-technical learning,

adult education, and other public education programs that the needs of the people may require.

     Section 2. Perpetual school fund. -- The money which now is or which may hereafter be

appropriated by law for the establishment of a permanent fund for the support of public schools,

shall be securely invested and remain a perpetual fund for that purpose. Judicial enforcement. –

This article shall be judicially enforceable. Any person or entity injured or threatened with an

injury because of any non-compliance with the provisions of this article shall be entitled to bring

an action in Superior Court to enforce those provisions and to obtain declaratory and injunctive

relief for any violation thereof. The prevailing plaintiff in any such action shall be entitled to an

award of reasonable attorney's fees and reimbursement of costs, including, but not limited to,

expert witness fees, from any party or parties adjudged liable.

     Section 3. Donations. -- All donations for the support of public schools, or for other

purposes of education, which may be received by the general assembly, shall be applied

according to the terms prescribed by the donors.

     Section 4. Implementation of article -- Diversion of funds prohibited. -- The general

assembly shall make all necessary provisions by law for carrying this article into effect. It shall

not divert said money or fund from the aforesaid uses, nor borrow, appropriate, or use the same,

or any part thereof, for any other purpose, under any pretence pretense whatsoever; now therefore

be it

     RESOLVED, That this amendment shall take, in the Constitution of the state, the place of

     SECTION 1 and SECTION 2, Article XII, and add sections to Article XII, of the

Constitution, effective January 1, 2015; and be it further

     RESOLVED, That the said proposition of amendment shall be submitted to the electors

for their approval or rejection at the next statewide general election. The voting places in the

several cities and towns shall be kept open during the hours required by law for voting therein for

general officers of the state; and be it further

     RESOLVED, That the Secretary of State shall cause the said proposition of amendment

to be published as a part of the resolution in the newspapers of the state prior to the date of the

said meetings of the said electors; and the said proposition shall be inserted in the warrants or

notices to be issued previous to said meetings of the electors for the purpose of warning the town,

ward, or district meetings, and said proposition shall be read by the town, ward, or district

meetings to be held as aforesaid; and be it further

     RESOLVED, That the town, ward, and district meetings to be held as aforesaid shall be

warned, and the list of voters shall be canvassed and made up, and the said town, ward, and

district meetings shall be conducted in the same manner as now provided by law for the town,

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ward, and district meetings for the elections of general officers of the state.

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