2023 -- H 5771

========

LC001345

========

     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2023

____________

J O I N T   R E S O L U T I O N

TO APPROVE, PUBLISH AND SUBMIT TO THE ELECTORS A PROPOSITION OF

AMENDMENT TO THE CONSTITUTION -- RIGHT TO AN ADEQUATE EDUCATION

     

     Introduced By: Representatives Messier, Kislak, Fenton-Fung, Knight, Cortvriend,
Morales, Ajello, Speakman, Biah, and Sanchez

     Date Introduced: February 21, 2023

     Referred To: House State Government & Elections

1

     RESOLVED, That a majority of members elected to each house of the general assembly

2

voting therefor, the following amendment to the Constitution of the State be proposed to the

3

qualified electors of the State in accordance with the provisions of Article XIV of the

4

Constitution for their approval and that it take the place of Article XII, Sections 1 and 2, which

5

are hereby amended, effective January 1, 2024, to read as follows:

6

ARTICLE XII

7

OF EDUCATION

8

     Section 1. Duty of general assembly to promote schools and libraries Fundamental right

9

to a public education and the duty to promote public libraries. -- The diffusion of knowledge, as

10

well as of virtue among the people, being essential to the preservation of their rights and liberties,

11

it shall be the duty of the general assembly to promote public schools and public libraries, and to

12

adopt all means which it may deem necessary and proper to secure to the people the advantages

13

and opportunities of education and public library services. In furtherance of the duty to establish

14

and maintain a system of free public schools, it shall be the additional duty of the general

15

assembly and the state to guarantee an equitable, adequate and meaningful education to each

16

child.

17

     Section 2. Perpetual school fund. -- The money which now is or which may hereafter be

18

appropriated by law for the establishment of a permanent fund for the support of public schools,

19

shall be securely invested and remain a perpetual fund for that purpose. Judicial enforcement. –

 

1

This article shall be judicially enforceable. Any person or entity injured or threatened with any

2

injury because of any noncompliance with its provisions shall be entitled to bring an action in

3

Superior Court to enforce these provisions and to obtain declaratory and injunctive relief for any

4

violation thereof.

5

     RESOLVED, That this amendment shall take the place of

6

     Section 1 and Section 2, Article XII, of the Constitution, effective January 1, 2025; and

7

be it further

8

     RESOLVED, That the said proposition of amendment shall be submitted to the electors

9

for their approval or rejection at the next statewide general election. The voting places in the

10

several cities and towns shall be kept open during the hours required by law for voting therein for

11

general officers of the state; and be it further

12

     RESOLVED, That the Secretary of State shall cause the said proposition of amendment

13

to be published as a part of this resolution in the newspapers of the state prior to the date of the

14

said meetings of the said electors; and the said proposition shall be inserted in the warrants or

15

notices to be issued previous to said meetings of the electors for the purpose of warning the town,

16

ward, or district meetings, and said proposition shall be read by the town, city, ward, or district

17

meetings to be held as aforesaid; and be it further

18

     RESOLVED, That the town, city, ward, and district meetings to be held as aforesaid shall

19

be warned, and the list of voters shall be canvassed and made up, and the said town, ward, and

20

district meetings shall be conducted in the same manner as now provided by law for the town,

21

city, ward, and district meetings for the election of general officers of the state.

========

LC001345

========

 

LC001345 - Page 2 of 3

EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

J O I N T   R E S O L U T I O N

TO APPROVE, PUBLISH AND SUBMIT TO THE ELECTORS A PROPOSITION OF

AMENDMENT TO THE CONSTITUTION -- RIGHT TO AN ADEQUATE EDUCATION

***

1

     This amendment to the Constitution of the State, if approved, would provide that it would

2

be the paramount duty of the general assembly, the department of education, and other

3

government agencies to provide Rhode Island residents with equal opportunities to receive an

4

education that is adequate, equitable and meaningful effective January 1, 2025.

========

LC001345

========

 

LC001345 - Page 3 of 3