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

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

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

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

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

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

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ARTICLE XII

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OF EDUCATION

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

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to a public education and the duty to promote public libraries. -- The diffusion of knowledge, as

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well as of virtue among the people, being essential to the preservation of their rights and liberties,

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it shall be the duty of the general assembly to promote public schools and public libraries, and to

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adopt all means which it may deem necessary and proper to secure to the people the advantages

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and opportunities of education and public library services. In furtherance of the duty to establish

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

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

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child.

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

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

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

 

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

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

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

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violation thereof.

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

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     Section 1 and Section 2, Article XII, of the Constitution, effective January 1, 2019; and

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be it further

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

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

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

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general officers of the state; and be it further

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

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

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

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

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

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meetings to be held as aforesaid; and be it further

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

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

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

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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

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

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

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

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

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

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