2020 -- H 8145

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LC005598

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2020

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A N   A C T

RELATING TO EDUCATION -- EDUCATION SAVINGS ACCOUNTS -- SCHOOL CHOICE

IN-PERSON LEARNING

     Introduced By: Representatives Filippi, and Place

     Date Introduced: November 19, 2020

     Referred To: House Health, Education & Welfare

     It is enacted by the General Assembly as follows:

     SECTION 1. Title 16 of the General Laws entitled "EDUCATION" is hereby amended by

adding thereto the following chapter:

CHAPTER 7.3

EDUCATION SAVINGS ACCOUNTS PROGRAM -- SCHOOL CHOICE IN-PERSON

LEARNING

     16-7.3-1. Education savings accounts program established.

     (a) During the period which any school district in the state shall fail to or be unable to

provide in-person learning to the students of the school district due to a disaster emergency

declaration by the governor pursuant to § 30-15-9 related to a public health emergency, any district

not providing in-person learning to its students shall establish, in any form as such school district

deems appropriate, an education savings account program. The purpose of the program shall be to

assist and support the parents and legal guardians of each child in the school district with the

materials, tutors, technology and other educational support for any child learning at-home or at any

other remote-learning site during the declared disaster emergency.

     (b) Each education savings account shall be maintained in a restricted receipt savings

account and shall be managed by the parents or legal guardians of the child.

     (c) The Rhode Island department of education shall determine the available per pupil cost

of the school district which shall not be providing in-person learning to the existing students of the

school district at the time the disaster emergency is declared. Said per pupil cost shall be set aside

by the school district in the restricted receipt savings account established for each child of the school

district entitled to an education savings account.

     (d) The parent(s) or legal guardian(s) of each child for whom an education savings account

is established may contribute additional monies to such account.

     (e) For state income tax purposes, the amount contributed and the annual earnings

therefrom contributed to an education savings account by a parent or legal guardian shall be exempt

from the state income tax and shall not be includible in the Rhode Island personal income tax of

the parent or legal guardian making the contribution to the education savings account.

     (f) The parent(s) or legal guardian(s) of any child with an education savings account shall

be entitled to utilize, at their sole discretion, any funds in the education savings account established

for the child for tutoring, technology, supplies and any other learning support measures or materials.

     16-7.3-2. School choice in-person learning.

     (a) In the event that a school district should fail to provide in-person learning to the students

of a school district, despite the fact that the governor has terminated or suspended the prohibition

to provide in-person learning within the school district, each parent or legal guardian shall be

entitled to send their child to another public school within the state, which has excess capacity and

is within the same transportation region as set forth in the state's pathways endorsement program

established pursuant to the rules and regulations of the department of education. Any child

attending another public school within the state shall be entitled to attend such other school for the

entire academic year in which the disaster emergency is declared.

     (b) The per pupil cost of the school district as determined by the Rhode Island department

of education, shall be transferred to the school district, providing in-person learning to the child

attending another public school in the state through the existing pathways endorsement program

established by the department of education pursuant to its rules and regulations.

     16-7.3-3. Disbursement of federal funds received during declared disaster emergency.

     The governor shall immediately determine the education facilities upgrades required and

then distribute any federal funding, including, but not limited to, CARES Act funds, which the state

has received or to which it is entitled for educational purposes, to the Rhode Island department of

education for distribution to the school districts located within the state. The school districts shall

utilize such funds to upgrade any public school within the district in order to remedy school building

deficiencies needed to enhance the health and safety of its students and for the learning purposes

set forth in sections §§ 16-7.3-1 and 16-7.3-2. The amount of funds to be utilized for the learning

purposes outlined in this chapter by a school district shall be determined by the Rhode Island

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department of education.

     16-7.3-4. Program termination.

     The education savings account program established in § 16-7.3-1 and school choice in-

person learning established in § 16-7.3-2 shall terminate at the end of the school year in which the

disaster emergency declaration is terminated by the governor.

     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 -- EDUCATION SAVINGS ACCOUNTS -- SCHOOL CHOICE

IN-PERSON LEARNING

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     This act would establish an education savings account program and school choice in-person

learning effective upon and during the declaration of a disaster emergency related to a health

emergency by the governor. The program would utilize funds previously appropriated for in-school

learning for pupils in the affected districts for at-home learning and for pupils denied in-person

learning by a district upon termination or suspension of a prohibition of in-school learning by the

governor.

     This act would also require the governor to distribute any federal funding for educational

facilities upgrades needed to enhance the health and safety of pupils and the programs established

by this legislation.

     This act would take effect upon passage.

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