2022 -- H 8116

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LC005675

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2022

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A N   A C T

RELATING TO EDUCATION -- STATE AID

     Introduced By: Representatives Slater, Diaz, and O'Brien

     Date Introduced: April 08, 2022

     Referred To: House Finance

     It is enacted by the General Assembly as follows:

     SECTION 1. Section 16-5-30 of the General Laws in Chapter 16-5 entitled "State Aid [See

Title 16 Chapter 97 - The Rhode Island Board of Education Act]" is hereby amended to read as

follows:

     16-5-30. Withholding of aid for infraction of laws or regulations -- Report to general

assembly.

     The commissioner of elementary and secondary education may, for violation or neglect of

law or for violation or neglect of rules and regulations in pursuance of law by any city or town or

city or town officer or school committee, or for nonpayment of tuition owed by one community to

another including but not limited to those children in state custody, vocational education, or special

education, order the general treasurer to withhold the payment of any portion of the public money

that has been or may be apportioned to the city or town; and the general treasurer upon the receipt

in writing of the order shall hold the public money due the city or town until the time as the

commissioner by writing requests the withheld funds for the purposes of eliminating the violation

or neglect of law or regulation that caused the order to be issued, or the commissioner of elementary

and secondary education shall notify the treasurer that the city or town has complied with the order

as the department of elementary and secondary education shall make in the premises, in which case

payment shall be made to the town immediately; provided, however, that the provisions of this

section shall not apply during an intervention or other exercise of control authorized pursuant to §

16-7.1-5. If the violation is for nonpayment of tuition and it has been determined by the

commissioner that the tuition is owed, then the commissioner shall, subject to the debtor

community's right to appeal to the superior court, order the general treasurer to deduct the amount

owed from the debtor community's school aid and to pay the community which is owed the tuition.

The board of regents for elementary and secondary education shall report to the general assembly

annually all infractions of school law which shall be brought to its attention, with a record of this

action as the department shall have taken in each instance.

     SECTION 2. This act shall take effect upon passage, and shall apply retroactively to any

and all orders issued under § 16-5-30 on or after January 1, 2021, as well as to any and all pending

orders or proceedings under § 16-5-30 upon passage of this act.

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EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N   A C T

RELATING TO EDUCATION -- STATE AID

***

     This act would prohibit the commissioner of elementary and secondary education from

withholding aid for infraction of laws and regulations during an intervention or other exercise of

control pursuant to § 16-7.1-5. This act would be effective upon passage, and retroactive to any and

all orders issued or pending as well as pending proceedings under § 16-5-30 on or after January 1,

2021.

     This act would take effect upon passage.

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LC005675

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