2017 -- H 5661

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LC001366

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2017

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A N   A C T

RELATING TO EDUCATION -- PRIVATE SCHOOLS

     Introduced By: Representatives Messier, Morin, Kazarian, McNamara, and Fellela

     Date Introduced: March 01, 2017

     Referred To: House Health, Education & Welfare

     (Office of Postsecondary Commissioner)

It is enacted by the General Assembly as follows:

     SECTION 1. Sections 16-40-1 and 16-40-2 of the General Laws in Chapter 16-40

entitled "Private Schools [See Title 16 Chapter 97 - The Rhode Island Board of Education Act]"

are hereby amended to read as follows:

     16-40-1. Approval of secondary and higher schools by board -- Certification to

secretary of state.

     (a) No academy, college, university, or other institution of secondary or higher education

shall be incorporated or established in this state or be permitted to transact business, unless

exempt pursuant to § 16-40-10, within this state unless and until:

     (1) Suitable provision, approved by the council on elementary and secondary education

or the council on postsecondary education, shall be made that the academy, college, university, or

institution is in compliance with the provisions of this chapter and with the regulations and

standards for approval adopted by the appropriate council or full board to implement this chapter;

and

     (2) For institutions offering an associates degree or higher, the institution has initiated

discussions, that are evidenced by a writing, with the New England Association of Schools and

Colleges (NEASC) regarding potential accreditation. ; or

     (3) For distance learning purposes only a degree granting institution has full accreditation

by a regional accrediting agency recognized by the United States Department of Education and

equivalent to NEASC.

     (b) The secretary of state, upon the receipt by him or her under the provisions of the

general laws of articles of association purporting to establish an educational institution, shall

transmit the articles of association to the appropriate council and shall not issue the certificate of

incorporation provided by the general laws unless and until the commissioner of elementary and

secondary education or the commissioner of the office of post-secondary education shall file with

the secretary of state a certificate over his or her signature that the appropriate council has

approved the application for incorporation as complying with the requirements of this section.

     16-40-2. Authority to grant degrees not presumed.

     Authority to grant academic, collegiate, professional, or other degrees recognizing

learning, scholarship, or achievement shall not be included in, or presumed to be part of, the

functions of a corporation or of an institution of education unless its charter or the articles of

association shall specifically indicate that the institution is nonprofit and specifically indicate the

power to grant degrees and the nature of the degrees to be granted; and no corporation or

association shall grant academic, collegiate, professional, or similar degrees without specific

authorization; and for institutions offering an associates degree or higher, has received full New

England Association of Schools and Colleges (NEASC) accreditation or for distance learning

purposes only a degree granting institution has full accreditation by a regional accrediting agency

recognized by the United States Department of Education and equivalent to NEASC within five

(5) years of its incorporation or establishment within this state or five (5) years of being permitted

to transact business within this state unless exempt pursuant to § 16-40-10.

     SECTION 2. 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 -- PRIVATE SCHOOLS

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     This act would require accreditation by a regional accrediting agency recognized by the

United States Department of Education for distance learning institutions to transact business or

grant degrees in Rhode Island.

     This act would take effect upon passage.

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