2016 -- S 2670

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2016

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A N   A C T

RELATING TO EDUCATION - UNDERUTILIZED SCHOOL HOUSING

     

     Introduced By: Senator Louis P. DiPalma

     Date Introduced: March 08, 2016

     Referred To: Senate Education

     It is enacted by the General Assembly as follows:

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     SECTION 1. Section 16-2-15 of the General Laws in Chapter 16-2 entitled "School

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Committees and Superintendents [See Title 16 Chapter 97 - The Rhode Island Board of

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Education Act]" is hereby amended to read as follows:

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     16-2-15. Location of schools -- Control of property. -- (a) The school committee shall

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locate all schoolhouses, and shall not abandon, close, or change the location of any without good

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cause; and, unless provided by law, the school committee of each city or town shall have the care

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and control of all public school buildings and other public school property of the city or town,

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including repairs of the buildings and the purchase of furniture and other school equipment.

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      (b) The school committee of any city or town may provide public school housing for the

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city or town by lease of buildings or portions of buildings, furniture, and other school equipment,

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subject to the following provisions:

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      (1) During the period or periods to which the lease applies the property leased shall be

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public school property of the city or town in all respects to the same effect as any public school

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building of the city or town;

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      (2) The lease shall provide for use and occupancy of periods at least the same as or

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equivalent to the periods during which public school buildings of the city or town are used and

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occupied;

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      (3) As applied to rooms for instruction the lease shall provide for exclusive use and

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occupancy during the periods of the lease and may provide for common or concurrent use and

 

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occupancy of other areas of the property;

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      (4) The use and occupancy under the lease may be for purpose of instruction at particular

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grade levels or in particular courses of study and may provide for consecutive use and occupancy

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of specified areas of the property provided that total use and occupancy under this lease complies

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with the provisions of subsection (b)(2).

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      (c) Upon application of the school committee of any city or town, the commissioner of

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elementary and secondary education may prescribe by regulation standards for the leases in

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accordance with this chapter and in accordance with the Constitution, laws, and education

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policies and programs of the state. The expenses of the city or town under the lease shall

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constitute expenditures to support the basic program pursuant to the provisions of §§ 16-7-15 to

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16-7-34.

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     (d)(1) Whenever a public school building under the control of a school committee is

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unused or underutilized, the school committee may convey or lease the public school building for

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use by any public school. A school committee shall also have authority to lease any portion of a

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school building for public school purposes.

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     (2) Prior to abandoning or closing any public school building, the school committee

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having control of such public school building shall publish a notice that the public school

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building is available for purchase or lease by any other public school committee. Any other public

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school committee may, within six (6) months after the publication of the notice, offer to purchase

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or lease the public school building. If no offer to purchase or lease the public school building

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shall have been received within the six (6) month period following publication of the notice, the

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school committee having control of the public school building may abandon or close the school

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building if such abandonment or closure otherwise conforms to law.

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     (3) A public school building shall be deemed underutilized if it houses substantially

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fewer students than it was designed to house, and that condition is expected by the commissioner

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of education to continue for at least three (3) academic years. The board of education may adopt

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regulations to implement greater public school usage of unused and underutilized school housing

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when demand therefor exists.

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     (4) As used in this subsection, the term "public school committee" includes the governing

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board of a charter public school.

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     SECTION 2. Section 16-7-37 of the General Laws in Chapter 16-7 entitled "Foundation

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Level School Support [See Title 16 Chapter 97 - The Rhode Island Board Of Education Act]" is

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hereby amended to read as follows:

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     16-7-37. Reports from communities. -- The superintendent of schools in each

 

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community shall certify to the commissioner of elementary and secondary education by the dates

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designated in accordance with the regulations of the board of regents for elementary and

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secondary education any information that may be needed for the operation of §§ 16-7-35 to 16-7-

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47, in any form and upon any blanks that the commissioner of elementary and secondary

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education shall require. The commissioner of education shall request detailed information, broken

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down by building, about space utilization in all districts on an annual basis.

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     SECTION 3. This act shall take effect upon passage.

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EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N   A C T

RELATING TO EDUCATION - UNDERUTILIZED SCHOOL HOUSING

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     This act would enable and encourage school committees to make unused and underused

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school buildings available to other public schools.

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     This act would take effect upon passage.

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