2023 -- H 5339 AS AMENDED

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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:

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

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

     16-48-1. Applicability.

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

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

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

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

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

has been approved pursuant to §§ 16-1-5 and 16-60-6 and any regulations promulgated thereunder.

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

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

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

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

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

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

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

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

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

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

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

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

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

for cause by the commissioner of elementary and secondary education.

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

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

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

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

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

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

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

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

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

the applicant for approval or renewal of approval.

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

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

repealed.

     16-48-4. Enforcement.

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

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

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

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

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

     16-48-5. Revocation of approval.

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

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

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

revocation or refusal to renew shall include:

     (1) Failure to maintain standards;

     (2) Refusal to submit proper reports or records;

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

secondary education;

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

     (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

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

     16-48-6. Penalty.

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

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

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

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

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

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

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

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

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

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

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

     16-48-7. Injunctive relief.

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

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

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

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

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

     16-48-8. Destruction of fingerprint records.

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

promptly destroy the fingerprint card of the applicant.

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

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

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

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

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

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

recovery provisions of § 35-4-27.

     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

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

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

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

relative to the revocation of approval to operate a school.

     This act would take effect upon passage.

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