2023 -- H 5339

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LC001159

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2023

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A N   A C T

RELATING TO EDUCATION -- EDUCATION SERVICES TO VERY YOUNG CHILDREN

     

     Introduced By: Representative Susan R. Donovan

     Date Introduced: February 03, 2023

     Referred To: House Education

     (Dept. of Education (RIDE)

It is enacted by the General Assembly as follows:

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     SECTION 1. Sections 16-48-1 and 16-48-2 of the General Laws in Chapter 16-48 entitled

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"Educational Services to Very Young Children" are hereby amended to read as follows:

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     16-48-1. Applicability.

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     This chapter shall pertain to private nursery schools and other regular programs any

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program of educational services to children between the ages of two (2) years eight (8) months

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three (3) and six (6) five (5) years of age where the schools and programs operate one or more

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sessions daily. It does not include bona fide kindergarten and nursery classes which are part of a

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nonpublic elementary school system that is offered by any public school or any private school that

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has been approved pursuant to § 16-60-4(a)(1) and any regulations promulgated thereunder.

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     16-48-2. Establishment and operation of schools and programs.

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     (a) No Commencing June 1, 2025, any person, unincorporated society, association, or

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corporation desiring to operate a school or program as defined in this chapter shall be permitted to

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establish and maintain a school or program unless and until an application has been filed with the

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commissioner of elementary and secondary education and suitable provision has been made to

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fulfill any minimum requirements of adequate faculty, health, safety, sanitation, site, physical plant,

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educational program, and any other standards that may be established through rules and regulations

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promulgated by the commissioner of elementary and secondary education. Upon satisfactory

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compliance with the standards as established by the commissioner of elementary and secondary

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education, along with the certification by the appropriate fire, health, and building inspectors, the

 

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school or program shall be approved for a period of one year, which approval shall require renewal

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unless sooner revoked by the commissioner for cause receive and maintain a rating through Rhode

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Island's quality rating and improvement system, which rating shall remain in effect unless revoked

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for cause by the commissioner of elementary and secondary education.

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     (b) Upon application to establish a school or program as defined in this chapter or to renew

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the application, the applicant will submit the names of its owner, officers, and employees. The

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commissioner of elementary and secondary education may request the bureau of criminal

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identification of the state police to conduct a nationwide criminal records check of the owners,

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officers, and employees of the school or program and the bureau of criminal identification of the

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state police will conduct criminal records checks on request. To accomplish nationwide criminal

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records checks, the commissioner may require owners, officers, and employees of the schools or

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programs to be fingerprinted by the bureau of criminal identification of the state police. The

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commissioner may examine these criminal records checks to aid in determining the suitability of

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the applicant for approval or renewal of approval.

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     SECTION 2. Sections 16-48-4, 16-48-5, 16-48-6, 16-48-7, 16-48-8 and 16-48-9 of the

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General Laws in Chapter 16-48 entitled "Educational Services to Very Young Children" are hereby

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repealed.

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     16-48-4. Enforcement.

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     It shall be the duty of the commissioner of elementary and secondary education to

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prosecute any person, firm, or corporation violating the provisions of this chapter, and the

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commissioner or any duly authorized agent of the commissioner may make complaint for the

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violation of the provisions of this chapter, and the commissioner or agent making the complaint

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shall not be required to give surety for the payment of cost.

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     16-48-5. Revocation of approval.

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     The commissioner of elementary and secondary education may revoke or refuse to renew

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the approval of any nursery school or program approved upon reasonable notice to the school

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authorities and provided that a hearing on the revocation shall be afforded the parties. Grounds for

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revocation or refusal to renew shall include:

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     (1) Failure to maintain standards;

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     (2) Refusal to submit proper reports or records;

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     (3) Refusal to admit authorized representatives of the department of elementary and

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secondary education;

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     (4) Furnishing or making misleading or false statements or reports;

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     (5) Failure to maintain adequate financial resources; or

 

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     (6) Any other cause which, in the opinion of the commissioner, may be detrimental to the

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health, education, safety, or welfare of the children involved.

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     16-48-6. Penalty.

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     Every person who violates any of the provisions of this chapter by conducting a school or

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program without first having obtained approval as provided in this chapter, or who shall refuse to

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permit a reasonable inspection and examination of a facility as provided in this chapter, or who

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shall intentionally make any false statements or reports to the commissioner of elementary and

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secondary education or the commissioner’s agents with reference to the matters contained in these

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statements or reports, or who conducts this facility after approval has been revoked or suspended

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shall, upon conviction of the first offense, be imprisoned for a term not exceeding six (6) months

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or be fined not exceeding one hundred dollars ($100) for each week that the facility shall have been

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maintained without approval, and on the second or subsequent offense shall be imprisoned for a

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term not exceeding one year or be fined not exceeding five hundred dollars ($500) for each week

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that the facility shall have been maintained without approval or both the fine and imprisonment.

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     16-48-7. Injunctive relief.

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     The superior court is empowered and authorized to grant appropriate injunctive relief for

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violations of the provisions of this chapter. All applications for injunctive relief shall be brought

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by the commissioner of elementary and secondary education in the superior court. The

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commissioner may enforce the provisions of this chapter through proceedings either under this

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section or § 16-48-6 or under both this section and § 16-48-6.

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     16-48-8. Destruction of fingerprint records.

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     At the conclusion of any background check required by this chapter, the state police will

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promptly destroy the fingerprint card of the applicant.

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     16-48-9. Non-governmental funding for early childhood education.

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     There is hereby established in the department of elementary and secondary education an

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early childhood education program restricted receipt account referred to as “Early Childhood Grant

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Program Account.” The department of elementary and secondary education shall deposit into this

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account any funds received from non-governmental sources for the purpose of funding early

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childhood education programs. All such sums deposited shall be exempt from the indirect cost

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recovery provisions of § 35-4-27.

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     SECTION 3. 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 SERVICES TO VERY YOUNG CHILDREN

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     This act would amend the applicability of the chapter on education services to very young

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children, to children aged three (3) to five (5) years of age and would require that, effective July 1,

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2025, persons operating schools must maintain a rating through the quality rating and improvement

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system to be permitted to establish or maintain any school and would repeal several sections of law

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relative to the revocation of approval to operate a school.

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     This act would take effect upon passage.

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