2020 -- S 2327

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LC004291

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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 -- FUNDRAISING FOR PUBLIC SCHOOLS

     Introduced By: Senators Gallo, Lawson, Sheehan, Euer, and Seveney

     Date Introduced: February 05, 2020

     Referred To: Senate Education

     It is enacted by the General Assembly as follows:

     SECTION 1. Section 16-38-6 of the General Laws in Chapter 16-38 entitled "Offenses

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

hereby amended to read as follows:

     16-38-6. Restrictions on commercial activity and fundraising in public schools.

     (a) No public school official or public school employee shall, for any purpose, solicit or

exact from any pupil in any public school any contribution or gift of money or any article of

value, or any pledge to contribute any money or article of value. No public school teacher shall

accept payment for tutoring directly from the parents of a student under his or her instruction. If a

teacher is to be assigned and compensated as a tutor for a student under his or her instruction, the

assignment and compensation must be through the school department pursuant to policies and

procedures adopted by the school committee. Nothing in this section shall be interpreted to

prohibit a teacher from tutoring a student who is not concurrently under his or her instruction in

the public school and receiving compensation for the tutoring from the parents of the student.

     (b) No commercial goods or services shall be sold to students in the public schools or on

public school property, nor shall any commercial materials (flyers, literature, advertisements,

commercial materials, or solicitations) be sent home with students from the public school, except

as authorized pursuant to policies and procedures adopted by the local school committee, which

shall, at a minimum, address the following:

     (1) The conduct and financial accountability of public school employees and public

school officials engaged in commercial activities for the benefit of public schools;

     (2) The use of schoolchildren to deliver commercial materials to parents.

     (c) Any approved fundraising activity shall be conducted on a voluntary basis and in

accordance with rules and regulations promulgated by the school committee, which shall at a

minimum, address the following:

     (1) The conduct and financial accountability of public school employees and public

school officials engaged in fundraising activities for the benefit of public schools;

     (2) The specific circumstances, if any, for door to door solicitations and door to door

sales by public school students for fundraising;

     (3) The use of schoolchildren to deliver fundraising materials to parents.

     (d) When creating a school budget pursuant to § 16-2-9(a)(9), school committees may

budget funds for field trips, provided that:

     (1) The field trips meet Rhode Island’s basic education program regulations; and

     (2) All students have the same ability to attend the field trips.

     (e) To supplement budgeted funds, fundraising for field trips is permissible, provided

that:

     (1) The fundraising activity complies with subsection (c) of this section;

     (2) Students are not required to meet individual fundraising targets as a condition of

attendance on the trip; and

     (3) Parents or guardians be allowed to donate toward the cost of the trip.

     (d)(f) The commissioner of elementary and secondary education shall provide technical

assistance to assist the school committees of the several towns and cities in the formulation of the

local policies and procedures mandated by this section.

     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 -- FUNDRAISING FOR PUBLIC SCHOOLS

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     This act would allow school committees to budget funds for field trips when creating a

school budget.

     This act would take effect upon passage.

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