2019 -- H 5919

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LC002248

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2019

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A N   A C T

RELATING TO EDUCATION -- COUNCIL ON POSTSECONDARY EDUCATION [SEE

TITLE 16 CHAPTER 97 - THE RHODE ISLAND BOARD OF EDUCATION ACT]

     

     Introduced By: Representatives Diaz, Slater, Ajello, Williams, and Maldonado

     Date Introduced: March 28, 2019

     Referred To: House Health, Education & Welfare

     It is enacted by the General Assembly as follows:

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     SECTION 1. Chapter 16-59 of the General Laws entitled "Council on Postsecondary

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Education [See Title 16 Chapter 97 - The Rhode Island Board of Education Act]" is hereby

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amended by adding thereto the following section:

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     16-59-9.3. Student Success Act.

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     Notwithstanding any other provision of the general or public laws:

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     (1) A student, other than a nonimmigrant alien within the meaning of 8 U.S.C. 1101

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(a)(15) who meets all of the following requirements, shall be exempt from paying nonresident

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tuition at Rhode Island public universities, colleges or community colleges if he or she:

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     (i) Attended an approved Rhode Island high school for three (3) or more consecutive

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years;

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     (ii) Continues to reside in the state of Rhode Island;

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     (iii) Has graduated from an approved Rhode Island high school or received a high school

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equivalency diploma from the state of Rhode Island;

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     (iv) Has filed, or will file, upon matriculation, with the Rhode Island public university,

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college or community college of expected attendance, an affidavit stating that:

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     (A) The student meets the requirements of subsections (1)(i) and (1)(ii) of this section;

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and

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     (B) If the student is not a U.S. citizen and does not have a lawful immigration status, that

 

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the student has filed an application for lawful immigration status, or will file such an application

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as soon as they are eligible to do so. The affidavit shall not require students to reveal their

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immigration or citizenship status.

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     (2) Any non-immigrant foreign national student, who has resided in Rhode Island for

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three (3) years and has attended a Rhode Island high school for three (3) years, will be eligible to

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pay the same in-state tuition as any other Rhode Island student.

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     (3) Identifiable student information obtained pursuant to subsection (1)(iii) of this section

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shall be confidential to the extent provided by state and federal law (including the federal Family

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Educational Rights and Privacy Act (FERPA)). If information obtained pursuant to this section

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regarding a student's immigration status is provided to any agency for purposes other than the

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implementation of this section, the entity providing the information shall promptly notify the

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student.

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     (4) The Rhode Island Council for Postsecondary Education shall prescribe rules and

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regulations as may be necessary for the implementation of this section.

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     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 -- COUNCIL ON POSTSECONDARY EDUCATION [SEE

TITLE 16 CHAPTER 97 - THE RHODE ISLAND BOARD OF EDUCATION ACT]

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     This act would create the "Rhode Island Student Success Act" which would identify

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those students who are exempt from paying nonresident tuition at public universities, colleges or

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community colleges.

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     This act would take effect upon passage.

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