2023 -- H 5791

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LC001719

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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 -- RHODE ISLAND PROMISE SCHOLARSHIP

     

     Introduced By: Representatives Giraldo, Morales, Cruz, and Potter

     Date Introduced: February 22, 2023

     Referred To: House Finance

     It is enacted by the General Assembly as follows:

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     SECTION 1. Sections 16-107-2, 16-107-4, 16-107-5, 16-107-6, 16-107-7 and 16-107-8 of

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the General Laws in Chapter 16-107 entitled "Rhode Island Promise Scholarship" are hereby

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amended to read as follows:

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     16-107-2. Legislative findings and purpose.

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     (a) The general assembly finds and declares that:

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     (1) Education is critical for the state's young people to achieve their dreams and develop

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their talents;

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     (2) The state's economic success depends on a highly educated and skilled workforce; and

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     (3) The state's future prosperity depends upon its ability to make educational opportunities

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beyond high school available for all students as part of a free public education.

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     (b) In order to address the findings set forth in subsection (a), the purpose of this chapter

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is to increase the number of students enrolling in and completing degrees on time from the

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community college of Rhode Island a public or private higher education facility in Rhode Island.

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     16-107-4. Definitions.

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     When used in this chapter, the following terms shall have the following meanings:

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     (1) "ADA" means the American with Disabilities Act, 42 U.S.C. § 12101 et seq., as may

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be amended from time to time;

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     (2) "FAFSA" means the Free Application for Federal Student Aid form;

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     (3) “Higher education facility” means any public or private institution of postsecondary

 

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education in Rhode Island, including, but not limited to, institutions licensed, regulated, or given

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oversight by the council on postsecondary education and the office of the postsecondary

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commissioner, as well as any workforce licensing or certificate programs licensed, regulated, or

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given oversight by the council on postsecondary education and the office of the postsecondary

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commissioner.

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     (3)(4) "Mandatory fees and tuition" are the costs that every student is required to pay in

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order to enroll in classes, and does not include room and board, textbooks, program fees that may

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exist in some majors, course fees that may exist for some specific courses, meal plans, or travel;

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     (4)(5) "On track to graduate on time" means the standards determined by the community

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college of Rhode Island higher education facility in establishing the expectation of a student to

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graduate with an associate's degree within two (2) years of enrollment or a bachelor's degree within

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four (4) years of enrollment or within the time a student enrolled in a program at a higher education

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facility to obtain a license or certificate would be expected to complete the program (recognizing

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that some students, including students who require developmental education, are double majors, or

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are enrolled in certain professional programs may require an extended time period for degree or

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license or certificate completion);

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     (5)(6) "Reasonable accommodations" means any necessary modifications or adjustment to

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a facility, equipment, program, or manner of operation as required by the Americans with

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Disabilities Act ("ADA") and section 504 of the Rehabilitation Act of 1973, 29 U.S.C. § 794, as

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may be amended from time to time;

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     (6)(7) "Recipient student" means a student attending the community college of Rhode

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Island a higher education facility who qualifies to receive the Rhode Island promise scholarship

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pursuant to § 16-107-6;

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     (7)(8)"Scholarship program" means the Rhode Island promise scholarship program that is

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established pursuant to § 16-107-3;

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     (8)(9) "State" means the state of Rhode Island; and

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     (9)(10) "Student with a disability" means any student otherwise eligible pursuant to § 16-

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107-6 who has a physical, developmental, or hidden disability or disabilities, as defined in § 42-

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87-1, that would create a hardship or other functional obstacles preventing participation in this

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program; and

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     (11) "The uniform Rhode Island promise scholarship application" means the form prepared

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by the office of the postsecondary commissioner in Rhode Island and approved by the council on

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postsecondary education.

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     16-107-5. Administration of scholarship program.

 

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     (a) The financial aid office, in conjunction with the office of enrollment management or

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their respective equivalent offices, at the community college of Rhode Island higher education

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facility, shall administer the scholarship program for state residents seeking associate or higher

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degrees who meet the eligibility requirements in this chapter.

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     (b) An award of the scholarship program shall cover be the amount that is equal to the

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average the cost of two (2) years of tuition at an area community college as calculated by the office

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of the postsecondary commissioner, readjusted annually, and mandatory fees, less federal and all

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other financial aid monies available to the recipient student. No grant received by students from the

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College Crusade Scholarship Act as established in chapter 70 of this title shall be considered federal

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or financial aid for the purposes of this chapter.

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     (c) The scholarship program is limited to one award per student as required by § 16-107-

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6(a)(7).

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     16-107-6. Eligibility for scholarship.

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     (a) Beginning with the students who enroll at the community college of Rhode Island a

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higher education facility in the fall of 2017, to be considered for the scholarship, a student:

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     (1) Must qualify for in-state tuition and fees pursuant to the residency policy adopted by

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the council on postsecondary education, as amended, supplemented, restated, or otherwise modified

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from time to time ("residency policy"); provided, that, the student must have satisfied the high

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school graduation/equivalency diploma condition prior to reaching nineteen (19) years of age;

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provided, further, that in addition to the option of meeting the requirement by receiving a high

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school equivalency diploma as described in the residency policy, the student can satisfy the

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condition by receiving other certificates or documents of equivalent nature from the state or its

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municipalities as recognized by applicable regulations promulgated by the council on elementary

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and secondary education;

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     (2) Must be admitted to, and must enroll and attend the community college of Rhode Island

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a higher education facility as defined in this chapter, on a full-time basis by the semester

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immediately following high school graduation or the semester immediately following receipt of a

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high school equivalency diploma;

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     (3) Must complete the FAFSA and any required FAFSA verification, or for persons who

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are legally unable to complete the FAFSA must complete a comparable form created by the

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community college of Rhode Island higher education facility, by the deadline prescribed by the

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community college of Rhode Island higher education facility for each year in which the student

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seeks to receive funding under the scholarship program;

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     (4) Must continue to be enrolled on a full-time basis;

 

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     (5) Must maintain an average annual cumulative grade point average (GPA) of 2.5 or

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greater, as determined by the community college of Rhode Island higher education facility;

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     (6) Must remain on track to graduate on time as determined by the community college of

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Rhode Island higher education facility;

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     (7) Must not have already received an award under this scholarship program; and

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     (8) Must commit to live, work, or continue their education in Rhode Island after graduation.

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     The community college of Rhode Island higher education facilities shall develop a policy

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that will secure this commitment from recipient students; and

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     (9) Must complete and submit the uniform Rhode Island promise scholarship application.

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     (b) Notwithstanding the eligibility requirements under subsection (a) of this section

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("specified conditions"):

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     (1) In the case of a recipient student who has an approved medical or personal leave of

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absence or is unable to satisfy one or more specified conditions because of the student's medical or

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personal circumstances, the student may continue to receive an award under the scholarship

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program upon resuming the student's education so long as the student continues to meet all other

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applicable eligibility requirements;

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     (2) In the case of a recipient student who is a member of the national guard or a member

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of a reserve unit of a branch of the United States military and is unable to satisfy one or more

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specified conditions because the student is or will be in basic or special military training, or is or

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will be participating in a deployment of the student's guard or reserve unit, the student may continue

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to receive an award under the scholarship program upon completion of the student's basic or special

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military training or deployment; and

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     (3) Any student with a disability, otherwise eligible for a scholarship pursuant to the

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provisions of this section, as of May 15, 2021, shall be entitled to access this program and shall be

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afforded all reasonable accommodations, as required by the ADA and the Rehabilitation Act of

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1973, including, but not limited to, enrolling on a part-time basis, attaining a high school

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diploma/GED by age twenty-one (21), and taking longer than two (2) years to graduate with an

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associate's degree, or continue their education to attain a bachelor's degree or higher degree.

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     16-107-7. Reporting and disbursement.

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     (a) On or before November 10 and May 10 of each fiscal year following fiscal year 2017,

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the community college of Rhode Island each higher education facility in Rhode Island where

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students matriculate and use funds of a promise scholarship shall submit a report to the director of

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the office of management and budget, the state budget officer, the house fiscal advisor, the senate

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fiscal advisor, the commissioner of postsecondary education, and the chair of the council on

 

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postsecondary education detailing the number of students eligible to participate in the scholarship

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program, the amount of federal and institutional financial aid anticipated to be received by recipient

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students, the aggregate tuition and mandatory fee costs attributable to recipient students, and the

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resulting total cost of the scholarship program to the state. The report shall contain such data for

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both the current fiscal year and the most up-to-date forecast for the following fiscal year. Data

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reported shall be subdivided by student-year cohort and shall be accompanied by a written

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explanation detailing the estimating methodology utilized and any impact(s) the forecasted data

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may present to institutional capacity, operational costs, and the tuition/fee revenue base of the

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institution.

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     (b) On or before July 1, 2020, and annually on or before July 1 thereafter, the community

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college of Rhode Island council on postsecondary education and the commissioner of

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postsecondary education shall submit a report evaluating the program based on the first two cohorts

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to the governor, speaker of the house, and the president of the senate. This evaluation shall include

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the following:

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     (1) The number of students who started in each cohort group;

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     (2) The number of students in each cohort group who have attained a degree or certification

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in an on-time manner;

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     (3) The number of students in each cohort group who have not attained a degree or

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certification in an on-time manner and an analysis of why that has happened;

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     (4) The number of students in each cohort group who began the program but have been

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unable to continue or complete the program and an analysis of why that has happened;

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     (5) The costs of the program and the costs of continuing the program;

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     (6) Suggestions for ways to increase the success of the program;

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     (7) Recommendations as to modifying, continuing, expanding, curtailing, or discontinuing

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the program; and

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     (8) Any such other recommendations or information as the community college of Rhode

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Island council on postsecondary education and the commissioner of postsecondary education deem

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appropriate to include in the evaluation.

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     (c) The office of management and budget, in consultation with the office of the

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postsecondary commissioner, shall oversee the apportionment and disbursement of all funds

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appropriated for the purpose of the scholarship program.

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     16-107-8. Rules and procedures.

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     The council on postsecondary education is hereby authorized to promulgate rules to

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effectuate the purposes of this chapter and the community college of Rhode Island shall establish

 

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appeal procedures for the award, denial, or revocation of funding under the scholarship program.

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The rules shall be promulgated in accordance with § 16-59-4.

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     SECTION 2. This act shall take effect on January 1, 2024.

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EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N   A C T

RELATING TO EDUCATION -- RHODE ISLAND PROMISE SCHOLARSHIP

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     This act would expand the promise scholarship program to allow a student who is eligible

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to receive funds under the Rhode Island promise scholarship to use the same funds at most public

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or private institutions of postsecondary education in Rhode Island.

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     This act would take effect on January 1, 2024.

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