2019 -- S 0042

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2019

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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: Senators Picard, Quezada, Metts, Nesselbush, and Cano

     Date Introduced: January 16, 2019

     Referred To: Senate Education

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

assembly voting therefor, 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, which are

hereby amended, effective January 1, 2021, to read as follows:

ARTICLE XII

OF EDUCATION

     Section 1. Duty of general assembly to promote schools and libraries Fundamental right

to a public education and the duty to promote public libraries. -- 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. In furtherance of the duty to establish

and maintain a system of free public schools, it shall additionally be the duty of the general

assembly and the state to guarantee an equitable, adequate and meaningful education to each

child.

     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 any

injury because of any noncompliance with its provisions shall be entitled to bring an action in

Superior Court to enforce these provisions and to obtain declaratory and injunctive relief for any

violation thereof.

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

     Section 1 and Section 2, Article XII, of the Constitution, effective January 1, 2019; 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 this 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, city, ward, or district

meetings to be held as aforesaid; and be it further

     RESOLVED, That the town, city, 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,

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

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EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

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

***

     This amendment to the constitution of the state, if approved, would provide that it would

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

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

education that is adequate to permit residents to achieve a high levels, effective January 1, 2021.

The amendment would also provide for judicial enforcement of this provision.

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