Chapter 501
2013 -- H 5679 SUBSTITUTE A
Enacted 07/17/13
A N A C T
RELATING TO
STATUTES AND STATUTORY CONSTRUCTION
Introduced By: Representatives Mattiello, and Newberry
Date Introduced: February 27, 2013
It is enacted by the General
Assembly as follows:
SECTION
1. Section 4-1-21 of the General Laws in Chapter 4-1 entitled "Cruelty to
Animals" is hereby
amended to read as follows:
4-1-21. Powers of
agents of society for prevention of cruelty to animals. -- The
general agent of the
of special agents as may be appointed by that society
have the same power and authority to arrest
as any officer authorized to serve criminal process
for the purpose of enforcing any of the laws of
this state in relation to cruelty to animals, that
power and authority to extend throughout the state,
and they may serve any search warrant issued under §
4-1-19 and may search any building or
place named in that warrant. A general agent and any
special agents may, for the purpose of
carrying out their duties, possess and carry pistols
as defined in § 11-47-2, and the provisions of §
11-47-5 11-47-8
shall not apply to them. Any person who interferes with or obstructs any of
those
agents in the discharge of their duty shall be guilty
of obstructing an officer and punished as
provided in § 11-32-1.
SECTION
2. Section 7-13-48 of the General Laws in Chapter 7-13 entitled "Limited
Partnerships" is hereby
amended to read as follows:
7-13-48.
Applicable law. -- Subject to the constitution of this state:
(1) The laws of the
state under which a foreign limited partnership is organized govern its
organization and internal affairs and the liability of
its limited partners, except as to foreign
limited liability limited partnerships, which
shall be treated as if they were foreign limited
partnerships;
(2) A foreign limited
partnership may not be denied registration by reason of any
difference between those laws and the laws of this
state; and
(3) A certificate of
registration does not authorize a foreign limited partnership to engage
in any business or exercise any power that a limited
partnership may not engage in or exercise in
this state.
SECTION
3. Section 11-47-9 of the General Laws in Chapter 11-47 entitled
"Weapons"
is hereby amended to read
as follows:
11-47-9. Persons
exempt from restrictions. -- (a) The provisions of §
11-47-8 shall not
apply to sheriffs, deputy sheriffs, the superintendent
and members of the state police, members of
the
Island state fire marshal, chief deputy state fire
marshals, deputy state fire marshals assigned to
the bomb squad, and those assigned to the
investigation unit, correctional officers, all within the
department of corrections, members of the city or town
police force, capitol police investigators
of the department of attorney general appointed
pursuant to § 42-9-8.1, the witness protection
coordinator for the witness protection review board as
set forth in chapter 30 of title 12 and
subject to the minimum qualifications of § 42-9-8.1,
the director, assistant director, investigators
of the department of public safety Workers'
Compensation Investigations unit pursuant to § 42-
7.3-3.1 and automobile theft investigators of the
railroad police while traveling to and from official assignments
or while on assignments,
conservation officers, or other duly appointed law
enforcement officers, nor to members of the
Army, Navy, Air Force, and Marine Corps of the
reserves, when on duty, nor to members of
organizations by law authorized to purchase or receive
firearms from the
their places of assembly or target practice, nor to
officers or employees of the
authorized by law to carry a concealed firearm, nor to
any civilian guard or criminal investigator
carrying sidearms or a
concealed firearm in the performance of his or her official duties under the
authority of the commanding officer of the military
establishment in the state of
where he or she is employed by the
concealed firearm in the performance of his or her
official duties under the authority of the
adjutant general where he or she is employed guarding
a national guard facility, provided, that the
commanding officer of the military establishment shall
have on file with the attorney general of
this state a list of the names and addresses of all
civilian guards and criminal investigators so
authorized, nor to duly authorized military
organizations when on duty, nor to members when at
or going to or from their customary places of
assembly, nor to any individual employed in the
capacity of warden, associate warden, major, captain,
lieutenant, sergeant, correctional officer or
investigator at any project owned or operated by a
municipal detention facility corporation,
including the Donald W. Wyatt Detention Facility, nor
to the regular and/or ordinary
transportation of pistols or revolvers as merchandise,
nor to any person while transporting a
pistol, or revolvers, unloaded from the place of
purchase to their residence, or place of business,
from their residence to their place of business or
from their place of business to their residence, or
to a Federal Firearms licensee for the purpose of
sale, to or from a bona fide gunsmith, or
firearms repair facility, to any police station or
other location designated as a site of a bona fide
"gun buy-back" program but only if said
pistol or revolver is unloaded and any ammunition for
said pistol or revolver is not readily or directly
accessible from the passenger compartment of
such vehicle while transporting same and further
provided that in the case of a vehicle without a
compartment separate from the passenger compartment
the firearm or the ammunition shall be
stored in a locked container.
(b) Persons
exempted by the provisions of this section from the provisions of § 11-47-8
shall have the right to carry concealed firearms
everywhere within this state; provided, that this
shall not be construed as giving the right to carry
concealed firearms to a person transporting
firearms as merchandise or as household or business
goods.
SECTION
4. Section 23-4.11-3.1 of the General Laws in Chapter 23-4.11 entitled
"Rights of the
Terminally Ill Act" is hereby amended to read as follows:
23-4.11-3.1.
Medical Orders for Life Sustaining Treatment. -- (a) The department of
health shall establish rules and regulations,
consistent with the provisions of this section, for the
establishment of Medical Orders for Life Sustaining
Treatment and the structure and content of
Medical Orders for Life Sustaining Treatment forms.
(b)(1) A declaration by
a qualified patient may be recorded as a medical order for life-
sustaining treatment provided that:
(i)
The medical orders for life-sustaining treatment and medical intervention and
procedures are explained by a MOLST qualified health
care provider to the qualified patient or
health care decision maker. The MOLST qualified health
care provider shall further inform the
patient of the difference between an advance health
care directive and MOLST medical order;
(ii) A MOLST qualified
health care provider has conducted an evaluation of the qualified
patient; and
(iii) A MOLST form
documenting the declaration has been completed by a MOLST
qualified health care provider based on qualified
patient preferences and medical appropriateness,
and has been signed by a MOLST qualified health care
provider and the qualified patient or his or
her recognized health care decision maker.
(2) A health care
decision maker may execute the MOLST form if the qualified patient
lacks capacity, or if the qualified patient has
designated that the health care decision maker’s
authority is valid.
(3) A request regarding
resuscitative measures may also be evidenced by the words "do
not resuscitate" or the letters "DNR," in
a qualified patient’s medical record and/or through a
mechanism established by the department of health
consistent with the provisions of chapter 23-
4.11.
(c)(1) A health care
provider shall treat a qualified patient in accordance with the
qualified patient’s MOLST, subject to the provisions
of this chapter.
(2) A MOLST qualified
health care provider may conduct an evaluation of the qualified
patient and if necessary, in consultation with the
qualified patient or recognized health care
decision maker, issue a new MOLST consistent with the
most current information available about
the qualified patient’s health status and care
preferences.
(3) The recognized
health care decision maker of a qualified patient who is without
capacity shall consult
with the MOLST qualified health care provider prior to making a
request to modify that a the qualified
patient’s MOLST.
(d)(1) MOLST Form. A
MOLST shall be documented on an easily identifiable form
approved by the director. The director shall
promulgate rules and regulations for the
implementation of this section.
(2) The MOLST form shall
be signed by the qualified patient or the qualified patient’s
recognized health care decision maker, and a MOLST
qualified health care provider.
(3) The MOLST form shall
contain all other information as required by this section.
(e)(1) A MOLST shall
apply regardless of whether the qualified patient executes the
MOLST form within or
outside a hospital or other health care setting.
(2) The MOLST form is
valid within or outside a hospital or other health care setting.
(f)(1) Revocation. A
qualified patient or his/her recognized health care decision maker
may, at any time, revoke in any manner that
communicates an intent to revoke his/her declaration
by informing the MOLST qualified health care
providers, other health care providers, or any
member of the medical or nursing staff of the
revocation of the declaration concerning life-
sustaining or resuscitative measures.
(2) Any member of the
medical or nursing staff informed of a revocation shall
immediately notify a MOLST qualified health care
provider of the revocation.
(3) The MOLST qualified
health care provider informed of a revocation of MOLST made
pursuant to this section shall immediately:
(i)
Record the revocation in the qualified patient's medical record;
(ii) Cancel any orders
implementing the decision to withhold or withdraw treatment; and
(iii) Notify the health
care providers and staff directly responsible for the qualified
patient's care of the revocation and any
cancellations.
(4) If a decision to
withhold or withdraw life-sustaining treatment has been made by a
recognized health care decision maker pursuant to this
section, and the MOLST qualified health
care provider determines at any time that the decision
is no longer appropriate or authorized
because the qualified patient has regained
decision-making capacity or because the qualified
patient’s condition has otherwise improved, the MOLST
qualified health care provider shall
immediately:
(i)
Include such determination in the qualified patient's medical record;
(ii) Cancel any orders
or plans of care implementing the decision to withhold or withdraw
life-sustaining treatment;
(iii) Notify the health
care decision maker who made the decision to withhold or
withdraw treatment; and
(iv) Notify the other
health care providers, including the medical and nursing staff
directly responsible for the qualified patient’s care,
of any cancelled MOLST orders or plans of
care.
(g) If a qualified
patient with a MOLST order is transferred from a hospital, a licensed
health facility, or the community, the MOLST order or
plan shall remain effective until a MOLST
qualified health care provider first examines the
transferred qualified patient, whereupon a
MOLST qualified health care provider shall issue
appropriate orders to continue the prior order or
plan. Such orders may be issued without obtaining another
consent to withhold or withdraw life-
sustaining treatment pursuant to this chapter.
(h) The MOLST is a
voluntary option for qualified patients. No patient is required to
elect a MOLST.
SECTION
5. Section 42-12-19 of the General Laws in Chapter 42-12 entitled
"Department of Human
Services" is hereby amended to read as follows:
42-12-19.
Permanent advisory commission on traumatic brain injuries –
Commission established. – (a) There is
hereby established a permanent advisory commission on
traumatic brain injuries.
(b) The purpose of the
commission shall be to:
(1) Report on all
matters relating to traumatic brain injury in
governor and the general assembly.
(2) Advise the
department of human services, the department of behavioral healthcare,
developmental disabilities and hospitals the department of mental health, retardation and
hospitals,
and the department of health regarding the development of priorities and
criteria for
disbursement of moneys in response to both individual
requests and grant-seeking entities from
the traumatic brain injury fund. Such priorities and
criteria shall be in accordance with the
expenditure guidelines set forth in § 42-12-28 of this
chapter.
(3) Advise the
department of human services, the department of behavioral healthcare,
developmental disabilities and hospitals the department of mental health, retardation and
hospitals,
and the department of health on all matters regarding traumatic brain injury.
(c) The commission shall
consist of nineteen (19) members. They shall meet not less than
four (4) times a year and report their findings
annually to the governor and general assembly. The
members of the commission shall serve without
compensation. The commissioners shall elect
their own officers on a biennial basis.
(d) The membership of
the commission shall be as follows: the director of the department
of behavioral healthcare, developmental disabilities
and hospitals department of mental
health,
retardation and hospitals or his or her designee; the director of the
department of health or his or
her designee; the director of the department of human
services or his or her designee; the director
of the department of education or his or her designee,
all of whom shall serve ex-officio; the chief
of neurosurgery at Rhode Island Hospital or his or her
designee; the president and executive
director or two (2) designees of the Brain Injury
Association of Rhode Island; the director of the
and ten (10) persons appointed by the governor as
follows: two (2) persons who are unrelated,
one of whom must have a traumatic brain injury, and
one of whom may be an immediate family
member of an individual with a traumatic brain injury;
one person who is a neurologist; one
person who is a psychiatrist physiatrist;
one person who is a neuropsychologist; one person who
is a cognitive rehabilitation specialist; one of whom
is a traumatic brain injury case manager; one
of whom is a physical therapist or occupational
therapist; one of whom is a representative of a
post-acute rehabilitation facility; and one person who
is a community-based service provider.
(e) The first meeting of
the members of the commission shall be called to order by the
governor or his or her designee within ninety (90)
days of the effective date of this act [July 7,
2006]. Of the ten (10) members appointed by the
governor, three (3) shall serve a term of one
year, three (3) shall serve a term of two (2) years,
and four (4) shall serve a term of three (3)
years. Upon expiration of the initial term, commission
members shall serve terms of three (3)
years. The initial terms of commission members shall
be determined by lot.
SECTION
6. Section 42-61.2-2.2 of the General Laws in Chapter 42-61.2 entitled
"Video
Lottery Terminal" is
hereby amended to read as follows:
State-operated casino
gaming shall be authorized at the facility of the licensed video
lottery terminal retailer known as "Newport Grand"
located in the town of
that the requirements of Article VI, Section 22 of the
Rhode Island Constitution are met with
respect to said facility at the general election next
held after enactment of this section.
(1)(b)
With respect to the Newport Grand facility, the authorization of this section
2.2
shall be effective upon:
(i)(1)
The certification by the secretary of state that the qualified voters of the
state have
approved the expansion of gambling at such facility to
include casino gaming; and
(ii)(2)
The certification by the board of canvassers of the city of
qualified electors of the city of
to include casino gaming.
(b)(c) The
general assembly finds that:
(i)(1)
The operation of casino gaming at Newport Grand will play a critical role in
the
economy of the state and enhance local revenues;
(2) Pursuant to Article
VI, Section 15 of the Rhode Island Constitution and the specific
powers, authorities and safeguards set forth in
subsection (c) herein in connection with the
operation of casino gaming, the state shall have full
operational control over the specified
location at which casino gaming shall be conducted;
(3) It is in the best
interest of the state to have the authorization to operate casino gaming
as specified at Newport Grand; and
(4) Pursuant to the
provisions of subdivision 42-61.2-2.1(b)(4), and by action of the
governor, an extensive analysis and evaluation of
competitive casino-gaming operations was
completed, which concluded that the viability of
Newport Grand as a video lottery terminal
facility is threatened by the location of casino
gaming in . ;
and
(5) The legislature
shall, by enactment of comprehensive legislation during the 2012
session, determine the terms and conditions pursuant
to which casino gaming would be operated
in the state if it is authorized as set forth herein.
(c)(d)
Notwithstanding the provisions of any other law and pursuant to Article VI,
Section 15 of the Rhode Island Constitution, the state
is authorized to operate, conduct and
control casino gaming at Newport Grand subject to
subsection (a) above. In furtherance thereof,
the state, through the division of state lottery
and/or the department of business regulation, shall
have full operational control to operate the foregoing
facilities, the authority to make all decisions
about all aspects of the functioning of the business enterprise,
including, without limitation, the
power and authority to:
(1) Determine the
number, type, placement and arrangement of casino-gaming games,
tables and sites within the facility;
(2) Establish with
respect to casino gaming one or more systems for linking, tracking,
deposit and reporting of receipts, audits, annual
reports, prohibitive conduct and other such
matters determined from time to time;
(3) Collect all receipts
from casino gaming, require that Newport Grand collect casino-
gaming gross receipts in trust for the state through
the division of state lottery, deposit such
receipts into an account or accounts of its choice,
allocate such receipts according to law, and
otherwise maintain custody and control over all
casino-gaming receipts and funds;
(4) Hold and exercise
sufficient powers over Newport Grand’s accounting and finances to
allow for adequate oversight and verification of the
financial aspects of casino gaming at the
facility, including, without limitation:
(i)
The right to require Newport Grand to maintain an annual balance sheet, profit
and
loss, and any other necessary information or reports;
and
(ii) The authority and
power to conduct periodic compliance or special or focused audits
of the information or reports provided, as well as the
premises with the facility containing records
of casino gaming or in which the business of Newport
Grand’s casino-gaming operations are
conducted;
(5) Monitor all
casino-gaming operations and have the power to terminate or suspend any
casino-gaming activities in the event of an integrity
concern or other threat to the public trust, and
in furtherance thereof, require the licensed video
lottery retailer to provide a specified area or
areas from which to conduct such monitoring
activities;
(6) Define and limit the
rules of play and odds of authorized casino-gaming games,
including, without limitation, the minimum and maximum
wagers for each casino-gaming game;
(7) Have approval rights
over matters relating to the employment of individuals to be
involved, directly or indirectly, with the operation
of casino gaming at Newport Grand;
(8) Establish compulsive
gambling treatment programs;
(9) Promulgate, or
propose for promulgation, any legislative, interpretive and procedural
rules necessary for the successful implementation,
administration and enforcement of this
chapter; and
(10) Hold all other
powers necessary and proper to fully effectively execute and
administer the provisions of this chapter for its
purpose of allowing the state to operate a casino-
gaming facility through a licensed video lottery
retailer hosting said casino gaming on behalf of
the state of
(d)(e)
Subject to subsection (a) above, the state, through the division of state
lottery
and/or the department of business regulation, may
expand Newport Grand’s existing video lottery
license issued, or issue Newport Grand a new
casino-gaming license, to permit casino gaming to
the extent authorized by this act.
(e)(f)
Subject to subsection (a) above, all rules and regulations shall be promulgated
by
the state, through the division of state lottery and
the department of business regulation, in
accordance with the authority conferred upon the
general assembly pursuant to Article VI,
Section 15 of the
the state, through the division of state lottery and/or
the department of business regulation, shall
have authority to issue such regulations as it deems
appropriate pertaining to control, operation
and management of casino gaming as specifically set
forth in subsections (b), and (c) and (d).
Section
2. Nothing in this act shall abrogate or diminish the powers of the state,
through
the division of state
lottery and/or the department of business regulation, to conduct and control
video lottery terminals
pursuant to chapter 42-61.2 of the general laws.
Section
3. Pursuant to Article VI, section 22 of the constitution
Constitution, the following question shall be submitted by the
secretary of state to the qualified
electors of the state at
the next statewide general election, and the secretary of state shall certify
the election results:
Shall
an act be approved which would authorize the facility known as "Newport
Grand"
in the city of
gambling it offers?"
Section
4. Pursuant to Article VI, section 22 of the constitution
Constitution, the following question shall be submitted by the
local board of canvassers to the
qualified electors of the
city of
thereof shall be certified
to the secretary of state:
"Shall
an act be approved which would authorize the facility known as "Newport
Grand"
in the city of
gambling it offers?"
Section
5. Unless otherwise amended by this act, the terms, conditions, provisions, and
definitions of chapters 322
and 323 of the public laws of 2005 and chapter 16 of the public laws
of 2010 are hereby
incorporated herein by reference and shall remain in full force and effect.
Section
6. The said question to be submitted to the qualified electors relating to
Grand, as well as that
question to be submitted to the qualified electors pursuant to article 25 of
chapter 151 of the 2011
public laws relating to
two (2) referendum
question.
SECTION
7. Section 4-26-5 of the General Laws in Chapter 4-26 entitled "The Rhode
Island Livestock Welfare
and Care Standards Advisory Council Act of 2012" is hereby amended
to read as follows:
4-26-5. Duties of
the council. -- The council shall support and work collaboratively with
the department as follows:
(1) Review and evaluate
laws and rules of the state applicable to the care and handling of
livestock as defined in subsection subdivision
4-26-3(c) (7) including, but not limited to:
(i)
The overall health and welfare of livestock species;
(ii) Agricultural
operation best management practices;
(iii) Biosecurity and disease prevention;
(iv) Humane transport
and slaughter practices; and
(v) Any other matters
the council considers necessary for the proper care and well being
of livestock animals in the state.
(2) Respond to requests
from the legislature for information and comments on proposed
legislation;
(3) Issue
recommendations necessary to achieve these goals;
(4) Submit policy
recommendations to the director and general assembly on any of the
subject matter set forth under subdivision (ii) of
this subsection.
SECTION
8. Section 15-3.1-10 of the General Laws in Chapter 15-3.1 entitled "Civil
Unions" is hereby
amended to read as follows:
15-3.1-10. Requirement
of department of health - Civil unions. -- (a) The department
of health, office of vital statistics shall draft and
distribute applications for civil unions to every
town and city within the state.
SECTION
9. Section 15-5-16 of the General Laws in Chapter 15-5 entitled "Divorce
and
Separation" is hereby
amended to read as follows:
15-5-16. Alimony
and counsel fees - Custody of children. -- (a) In granting any petition
for divorce, divorce from bed and board, or relief
without the commencement of divorce
proceedings, the family court may order either of the
parties to pay alimony or counsel fees, or
both, to the other.
(b) (1) In determining
the amount of alimony or counsel fees, if any, to be paid, the court,
after hearing the witnesses, if any, of each party,
shall consider:
(i)
The length of the marriage;
(ii) The conduct of the
parties during the marriage;
(iii) The health, age,
station, occupation, amount and source of income, vocational skills,
and employability of the parties; and
(iv) The state and the
liabilities and needs of each of the parties.
(2) In addition, the
court shall consider:
(i)
The extent to which either party is unable to support herself or himself
adequately
because that party is the primary physical custodian
of a child whose age, condition, or
circumstances make it appropriate that the parent not
seek employment outside the home, or seek
only part-time or flexible-hour employment outside the
home;
(ii) The extent to which
either party is unable to support herself or himself adequately
with consideration given to:
(A) The extent to which
a party was absent from employment while fulfilling
homemaking responsibilities, and the extent to which any
education, skills, or experience of that
party have become outmoded and his or her earning
capacity diminished;
(B) The time and expense
required for the supported spouse to acquire the appropriate
education or training to develop marketable skills and
find appropriate employment;
(C) The probability,
given a party's age and skills, of completing education or training
and becoming self-supporting;
(D) The standard of
living during the marriage;
(E) The opportunity of
either party for future acquisition of capital assets and income;
(F) The ability to pay
of the supporting spouse, taking into account the supporting
spouse's earning capacity, earned and unearned income,
assets, debts, and standard of living;
(G) Any other factor
which the court expressly finds to be just and proper.
(c) (1) For the purposes
of this section, "alimony" is construed as payments for the
support or maintenance of either the husband or the
wife.
(2) Alimony is designed
to provide support for a spouse for a reasonable length of time to
enable the recipient to become financially independent
and self-sufficient. However, the court
may award alimony for an indefinite period of time
when it is appropriate in the discretion of the
court based upon the factors set forth in subdivision
(b)(2)(ii)(B). After a decree for alimony has
been entered, the court may from time to time upon the
petition of either party review and alter its
decree relative to the amount and payment of the alimony,
and may make any decree relative to it
which it might have made in the original suit. The
decree may be made retroactive in the court's
discretion to the date that the court finds that a
substantial change in circumstances has occurred;
provided, the court shall set forth in its decision
the specific findings of fact which show a
substantial change in circumstances and upon which
findings of facts the court has decided to
make the decree retroactive. Nothing provided in this
section shall affect the power of the court as
subsequently provided by law to alter, amend, or annul
any order of alimony previously entered.
Upon the remarriage of the spouse who is receiving
alimony, the obligation to pay alimony shall
automatically terminate at once.
(d) (1) In regulating
the custody of the children, the court shall provide for the reasonable
right of visitation by the natural parent not having
custody of the children, except upon the
showing of cause why the right should not be granted.
The court shall mandate compliance with
its order by both the custodial parent and the
children. In the event of noncompliance, the
noncustodial parent may file a motion for contempt in
family court. Upon a finding by the court
that its order for visitation has not been complied
with, the court shall exercise its discretion in
providing a remedy, and define the noncustodial
parent's visitation in detail. However, if a second
finding of noncompliance by the court is made, the
court shall consider this to be grounds for a
change of custody to the noncustodial parent.
(2) In regulating the
custody and determining the best interests of children, the fact that a
parent is receiving public assistance shall not be a
factor in awarding custody.
(3) A judicial
determination that the child has been physically or sexually abused by the
natural parent shall constitute sufficient cause to
deny the right of visitation. However, when the
court enters an order denying visitation under this
section, it shall review the case at least
annually to determine what, if any, action the parent
has taken to rehabilitate himself or herself
and whether the denial of visitation continues to be
in the child's best interests.
(4) The court may order
a natural parent who has been denied the right of visitation due
to physical or sexual abuse of his or her child to
engage in counseling. The failure of the parent to
engage in counseling, ordered by the court pursuant to
this section, shall constitute sufficient
cause to deny visitation.
(e) In all hearings
regarding denial of visitation, the court shall make findings of fact.
(f) This chapter does
not affect the right of the family court to award alimony or support
pendente lite.
(g) (1) Notwithstanding the
provisions of this section and § 15-5-19, the court, when
making decisions regarding child custody and
visitation, shall consider evidence of past or
present domestic violence. Where domestic violence is
proven, any grant of visitation shall be
arranged so as to best protect the child and the
abused parent from further harm.
(2) In addition to other
factors that a court must consider in a proceeding in which the
court has made a finding of domestic or family
violence, the court shall consider as primary the
safety and well-being of the child and of the parent
who is the victim of domestic or family
violence. The court shall also consider the
perpetrator's history of causing physical harm, bodily
injury or assault to another person.
(3) In a visitation or
custody order, as a condition of the order, the court may:
(i)
Order the perpetrator of domestic violence to attend and successfully complete,
to the
satisfaction of the court, a certified batterer's
intervention program;
(ii) Order the
perpetrator to attend a substance abuse program whenever deemed
appropriate;
(iii) Require that a
bond be filed with the court in order to ensure the return and safety of
the child;
(iv) Order that the
address and telephone number of the child be kept confidential;
(v) Order an exchange of
the child to occur in a protected setting, or supervised by
another person or agency; provided that, if the court
allows a family or household member to
supervise visitation, the court shall establish
conditions to be followed during visitation;
(vi) Order the
perpetrator of domestic violence to abstain from possession or
consumption of alcohol or controlled substances during
the visitation; and
(vii) Impose any other
condition that is deemed necessary to provide for the safety of the
child, the victim of domestic violence, or other
family or household member.
(4) "Domestic
violence" means the occurrence of one or more of the following acts
between spouses or people who have a child in common:
(i)
Attempting to cause or causing physical harm;
(ii) Placing another in
fear of imminent serious physical harm;
(iii) Causing another to
engage involuntarily in sexual relations by force, threat of force,
or duress.
(5) In every proceeding
in which there is at issue the modification of an order for custody
or visitation of a child, the finding that domestic or
family violence has occurred since the last
custody determination constitutes a prima facie
finding of a change of circumstances.
(6) The fact that a
parent is absent or relocates because of an act of domestic or family
violence by the other parent shall not weigh against
the relocating or absent parent in determining
custody and visitation.
(7) A party's absence,
relocation, or failure to comply with custody and visitation orders
shall not, by itself, be sufficient to justify a
modification of a custody or visitation order if the
reason for the absence, relocation, or failure to
comply is the party's activation to military service
or deployment out of state.
(h) If there is
no existing order establishing the terms of parental rights and
responsibilities or parent-child contact and it
appears that deployment or mobilization is
imminent, upon motion by either parent, the court
shall expedite a hearing to establish temporary
parental rights and responsibilities and parent-child
contact to ensure the deploying parent has
access to the child, to ensure disclosure of
information, to grant other rights and duties set forth
herein, and to provide other appropriate relief. Any
initial pleading filed to establish parental
rights and responsibilities for or parent-child
contact with a child of a deploying parent shall be so
identified at the time of filing by stating in the
text of the pleading the specific facts related to
deployment.
SECTION
10. The title of Chapter 15-9 of the General Laws entitled "SUPPORT OF
CHILDREN" is hereby
amended to read as follows:
CHAPTER
15-9
Support
of Children
CHAPTER
15-9
SUPPORT
OF CHILDREN
[See
Title 16 Chapter 97 -- The
SECTION
11. Section 15-26-2 of the General Laws in Chapter 15-26 entitled "State
Disbursement Unit for the
Collection and Distribution of Child Support" is hereby amended to
read as follows:
15-26-2.
Operation. -- (a) The centralized state collection and disbursement
unit shall
be operated directly by the department of administration,
division of taxation or its designee and
in coordination with the automated system.
(b) The centralized
state collection and disbursement unit shall use the automated
procedures, electronic processes, including the
electronic funds transfer (EFT) provisions as
authorized by the tax administrator under § 44-1-31,
and computer driven technology to the
maximum extent feasible, efficient and economical for
the collection and disbursement of support
payments, including procedures for receipt from
parents, employers, and other states, and for
disbursement to custodial parents and other obligees, the state agency, and the agencies of other
states:
(1) (i) For accurate identification of payments;
(2) (ii)
To ensure prompt disbursement of the custodial parent's share of any payment;
and
(3) (iii)
To furnish to any parent, upon request, timely information on the current
status of
support payments.
SECTION
12. The title of Chapter 16-1 of the General Laws entitled "STATE
DEPARTMENT OF ELEMENTARY
AND SECONDARY EDUCATION" is hereby amended
to read as follows:
CHAPTER
16-1
State
Department of Elementary and Secondary Education
CHAPTER
16-1
STATE
DEPARTMENT OF ELEMENTARY AND SECONDARY EDUCATION
[See
Title 16 Chapter 97 -- The
SECTION
13. The title of Chapter 16-2 of the General Laws entitled "SCHOOL
COMMITTEES AND
SUPERINTENDENTS" is hereby amended to read as follows:
CHAPTER
16-2
School
Committees And Superintendents
CHAPTER
16-2
SCHOOL
COMMITTEES AND SUPERINTENDENTS
[See
Title 16 Chapter 97 -- The
SECTION
14. Section 16-2-9.3 of the General Laws in Chapter 16-2 entitled "School
Committees and
Superintendents" is hereby amended to read as follows:
16-2-9.3.The
advisory council on school finances. -- (a) The legislature hereby
finds
and declares that there is a need for an advisory
council on school finances to strengthen the fiscal
accountability of school districts, regional school
districts, state schools and charter schools in
(1) The auditor general
of the state of
(2) The executive
director of the
her designee;
(3) The president of the
designee;
(4) The commissioner of
elementary and secondary education or his or her designee; and
(5) The director of the
department of administration or his or her designee. The auditor
general or his or her designee shall serve as chair of
the council. By July 1, 2005, the council shall
develop recommendations for a uniform system of
accounting, including a chart of accounts for
all school districts, regional school districts, state
schools and charter schools. By July 1, 2009 the
council shall develop recommendations for a uniform
system of accounting for all educational
regional collaboratives
identified in § chapter 16-3.1. Said recommendations shall be
advisory in
nature and may be adopted by the office of auditor
general and the department of elementary and
secondary education in part or in whole.
(b) The council shall
meet no less than annually and recommend changes in accounting
procedures to be adopted by school districts, regional
school districts, state schools and charter
schools as well as apprise school business officials,
charter school officials, school committees
and school superintendents, school administrators and
state school officials about professional
development opportunities that promotes sound fiscal
practices and a knowledge of current state
and federal rules and regulations regarding school
finance. The council shall also report, annually,
its activities and recommendations to the house
committee on education accountability, the senate
committee on education and the office of the governor.
SECTION
15. The title of Chapter 16-3 of the General Laws entitled
"ESTABLISHMENT OF
REGIONAL SCHOOL DISTRICTS" is hereby amended to read as
follows:
CHAPTER
16-3
Establishment
of Regional School Districts
CHAPTER
16-3
ESTABLISHMENT
OF REGIONAL SCHOOL DISTRICTS
[See
Title 16 Chapter 97 -- The
SECTION
16. The title of Chapter 16-3.1 of the General Laws entitled "COOPERATIVE
SERVICE AMONG SCHOOL
DISTRICTS" is hereby amended to read as follows:
CHAPTER
16-3.1
Cooperative
Service Among
CHAPTER
16-3.1
COOPERATIVE
SERVICE AMONG
[See
Title 16 Chapter 97 -- The
SECTION
17. Sections 16-3.1-8 and 16-3.1-10 of the General Laws in Chapter 16-3.1
entitled "Cooperative
Service Among School Districts" are hereby amended to read as follows:
16-3.1-8. Regional
center collaborative -
Notwithstanding the provisions of any general or special
law to the contrary, the school
committees of the cities and towns of
Foster-Glocester regional
school district, and Burrillville are authorized and empowered to
continue and/or initiate cooperative efforts to
provide special education programs and diagnostic
services required by law or regulation, to utilize
technology, including without limitation
television, to provide limited interest curriculum,
and to provide programs for the gifted and
talented, all on a collaborative basis. The various
school committees may assign and delegate to
their respective school committee chairs or designee
or superintendents of schools or designee,
acting as a regional board, any duties,
responsibilities, and powers that the committees may deem
necessary for the conduct, administration, and
management of the regional center collaborative of
northern
(b) The
the powers provided in the R.I. Nonprofit Corporation
Act (RI Gen. Laws § 7-6-1, et seq):
(1) To purchase, take, receive,
lease, take by gift, or otherwise acquire, own, hold,
mortgage, finance, improve, and use a certain parcel
of realty and fixtures thereon located at 300
thereto.
(2) To create a
wholly-owned subsidiary entity for the purpose of facilitating any of the
powers, duties and responsibilities referred to above.
16-3.1-10. Regional
center collaborative -
educational collaborative. -- Regional
center collaborative -
Collaborative. -- (a) Notwithstanding
the provisions of any general or special law to the contrary,
the school committees of the cities and towns of
empowered to continue and/or initiate cooperative
efforts to provide educational programs and/or
services on a collaborative basis. The various school
committees may assign and delegate to their
respective school committee chairs or designee or
superintendents of schools or designee, acting
as a regional board of directors, any duties,
responsibilities, and powers that the committees may
deem necessary for the conduct, administration, and
management of the
Collaborative
educational collaborative.
(b)
Notwithstanding the above enumerated powers, duties and responsibilities
referred to
above and in chapter 3.1 of this title, the East Bay
Educational Collaborative, as a nonprofit
corporation incorporated pursuant to the R.I.
Nonprofit Corporation Act (RI Gen Laws § 7-6-1, et
seq.), shall have the authority to:
(1) Purchase, take,
receive, lease, take by gift, devise, or bequest, or otherwise acquire,
own, hold, improve, use and otherwise deal in and with
real estate, including their current site
location, to wit,
administrative and/or operational needs of the East
Bay Educational Collaborative, subject to the
approval of five (5) of the eight (8) school
committees of the member districts of the collaborative
or a majority of the school committees that are
members of the collaborative at the time.
(2) Sell, convey,
mortgage, finance, bond, lend, lease, exchange, transfer, and otherwise
dispose of all or any part of its property and assets,
both real or personal, subject to the approval
of five (5) of the eight (8) school committees of the member
districts of the collaborative or a
majority of the school committees that are members of
the collaborative at the time.
SECTION
18. The title of Chapter 16-4 of the General Laws entitled "PERMANENT
SCHOOL FUND" is hereby
amended to read as follows:
CHAPTER
16-4
Permanent
School Fund
CHAPTER
16-4
PERMANENT
SCHOOL FUND
[See
Title 16 Chapter 97 -- The
SECTION
19. The title of Chapter 16-5 of the General Laws entitled "STATE
AID" is
hereby amended to read as
follows:
CHAPTER
16-5
State
Aid
CHAPTER
16-5
STATE
AID
[See
Title 16 Chapter 97 -- The
SECTION
20. The title of Chapter 16-7 of the General Laws entitled "FOUNDATION
LEVEL SCHOOL SUPPORT"
is hereby amended to read as follows:
CHAPTER
16-7
Foundation
Level School Support
CHAPTER
16-7
FOUNDATION
LEVEL SCHOOL SUPPORT
[See
Title 16 Chapter 97 -- The
SECTION
21. Sections 16-7-20.1 and 16-7-41.1 of the General Laws in Chapter 16-7
entitled "Foundation
Level School Support" are hereby amended to read as follows:
16-7-20.1. Annual
report of number of children with disabilities receiving support. --
The director of the department of behavioral
healthcare, developmental disabilities and hospitals
department of mental health, retardation, and hospitals shall annually report on the first day of
September to the commissioner of elementary and
secondary education the number of children
with disabilities affected by § 16-7-20 and the
educational program costs for the children.
16-7-41.1. Eligibility
for reimbursement.-- (a) School districts, not
municipalities, may
apply for and obtain approval for a project under the
necessity of school construction process set
forth in the regulations of the board of regents for
elementary and secondary education. Such
approval will remain valid until June 30 of the third
fiscal year following the fiscal year in which
the board of regents for elementary and secondary
education's approval is granted. Only those
projects undertaken at school facilities under the
care and control of the school committee and
located on school property may qualify for
reimbursement under §§ 16-7-35 - 16-7-47. Facilities
with combined school and municipal uses or facilities
that are operated jointly with any other
profit or non-profit agency do not qualify for
reimbursement under §§ 16-7-35 - 16-7-47. Projects
completed by June 30 of a fiscal year are eligible for
reimbursement in the following fiscal year.
A project for new school housing or additional housing
shall be deemed to be completed when
the work has been officially accepted by the school
committee or when the housing is occupied
for its intended use by the school committee,
whichever is earlier.
(b) Notwithstanding
the provisions of this section, the board of regents shall not grant
final approval for any project between June 30, 2011
and June 30, 2014 except for projects that
are necessitated by immediate health and safety
reasons. In the event that a project is requested
during the moratorium because of immediate health and
safety reasons, those proposals shall be
reported to the chairs of the house and senate finance
committees.
(c) Any
project approval granted prior to the adoption of the school construction
regulations in 2007, and which are currently inactive;
and any project approval granted prior to
the adoption of the school construction regulations in
2007 which did not receive voter approval
or which has not been previously financed, are no longer
eligible for reimbursement under this
chapter. The department of elementary and secondary
education shall develop recommendations
for further cost containment strategies in the school
housing aid program.
SECTION
22. The title of Chapter 16-7.1 of the General Laws entitled "THE PAUL W.
CROWLEY RHODE ISLAND
STUDENT INVESTMENT INITIATIVE" is hereby amended to
read as follows:
CHAPTER
16-7.1
The
CHAPTER
16-7.1
THE
[See
Title 16 Chapter 97 -- The
SECTION
23. Sections 16-7.2-4 and 16-7.2-7 of the General Laws in Chapter 16-7.2
entitled "The
Education Equity and Property Tax Relief Act" are hereby amended to read
as
follows:
16-7.2-4.
Determination of state's share. -- (a) For each district, the
state's share of the
foundation education aid calculated pursuant to §
16-7.2-3(a) shall use a calculation that
considers a district's revenue generating capacity and
concentration of high-need students. The
calculation is the square root of the sum of the state
share ratio for the community calculation
(SSRC), pursuant to § 16-7-20, squared plus the
district's percentage of students eligible for
USDA reimbursable school meals in grades PK-6
(PK6FRPL) squared, divided by two.
(b) For
purposes of determining the state's share, school district student data used in
this
calculation shall include charter school and state
school students. These ratios are used in the
permanent foundation education aid formula calculation
described in § 16-7.2-5.
16-7.2-7.
Transition plan. -- (a) The general assembly, shall
annually determine the
appropriation of education aid pursuant to this
chapter using a transition plan to begin in fiscal
year 2012, not to exceed seven (7) years for LEA's for whom the calculated education aid
pursuant to § 16-7.2-3 is more than the education aid
the LEA is receiving as of the effective date
of the formula, and ten (10) years for LEA's for whom the calculated education aid pursuant to §
16-7.2-3 is less than the education aid the LEA is
receiving as of the effective date of the formula.
(b) The
local share of funding pursuant to § 16-7.2-5 shall be transitioned
proportionately
over a period not to exceed five (5)
years. The transition shall provide a combination of direct aid
to districts, funds for the categorical programs, and
district savings through state- assumed costs,
as determined by the general assembly on an annual
basis, Updates to any components of the
permanent foundation education aid formula, such as
student data, property values, and/or median
family income, that result in an increase or decrease
in state education aid that impacts the total
state and local contribution by more than three
percent (3%) shall be transitioned over a period of
time not to exceed three (3) years.
SECTION
24. The title of Chapter 16-8 of the General Laws entitled "FEDERAL AID"
is hereby amended to read
as follows:
CHAPTER
16-8
Federal
Aid
CHAPTER
16-8
FEDERAL
AID
[See
Title 16 Chapter 97 -- The
SECTION
25. The title of Chapter 16-11 of the General Laws entitled
"CERTIFICATION OF TEACHERS"
is hereby amended to read as follows:
CHAPTER
16-11
Certification
of Teachers
CHAPTER
16-11
CERTIFICATION
OF TEACHERS
[See
Title 16 Chapter 97 -- The
SECTION
26. The title of Chapter 16-11.4 of the General Laws entitled "RHODE
ISLAND CERTIFICATION
STANDARDS BOARD" is hereby amended to read as follows:
CHAPTER
16-11.4
Rhode Certification Standards
Board
CHAPTER
16-11.4
[See
Title 16 Chapter 97 -- The
SECTION
27. The title of Chapter 16-16 of the General Laws entitled "TEACHERS'
RETIREMENT" is hereby
amended to read as follows:
CHAPTER
16-16
Teachers'
Retirement
CHAPTER
16-16
TEACHERS'
RETIREMENT
[See
Title 16 Chapter 97 -- The
SECTION
28. Section 16-16-35 of the General Laws in Chapter 16-16 entitled
"Teachers’
Retirement" is hereby amended to read as follows:
16-16-35. Contributions.
-- (a) The cost of the benefits provided in §§ 16-16-25 -
16-16-
38 shall be two percent (2%) of the member's annual
salary up to but not exceeding an annual
salary of ninety-six hundred dollars ($9,600);
one-half (1/2) of the cost shall be contributed by the
member by deductions from his or her salary, and the
other half (1/2) shall be contributed and
paid by the respective city, town, or school district
by which the member is employed. These
contributions shall be in addition to the contributions
provided in § 16-16-22 and shall be paid
into the teachers' survivors benefit fund created by
§§ 16-16-25 - 16-16-38 in the same manner as
contributions are made under the provisions of §
16-16-22.
(b) In the
event the market value of the Teachers' Survivor Benefit Plan assets shall
decrease below one hundred and twenty (120%) percent
of the Teachers' Survivor Benefit Plan
liabilities as reported by a qualified actuary
pursuant to § 16-16-37, the retirement board shall
determine and fix the amount of contributions
necessary to maintain a funding level of not less
than one hundred and twenty (120%) percent of assets
to liabilities ratio. Any adjusted cost of the
benefits provided in §§ 16-16-25 - 16-16-38 shall be
paid for by the member by deduction from
his or her salary. These contributions shall be in
addition to the contributions provided in § 16-16-
22 and shall be paid into the teachers' survivors
benefit fund created by §§ 16-16-25 - 16-16-38 in
the same manner as contributions are made under the
provisions of § 16-16-22.
SECTION
29. The title of Chapter 16-17.1 of the General Laws entitled "ALTERNATE
PROVISIONS FOR RETIREMENT
OF TEACHERS IN STATE COLLEGES" is hereby
amended to read as follows:
CHAPTER
16-17.1
Alternate
Provisions for Retirement of Teachers in State Colleges
CHAPTER
16-17.1
ALTERNATE
PROVISIONS FOR RETIREMENT OF TEACHERS IN STATE COLLEGES
[See
Title 16 Chapter 97 -- The
SECTION
30. The title of Chapter 16-19 of the General Laws entitled "COMPULSORY
ATTENDANCE" is hereby
amended to read as follows:
CHAPTER
16-19
Compulsory
Attendance
CHAPTER
16-19
COMPULSORY
ATTENDANCE
[See
Title 16 Chapter 97 -- The
SECTION
31. Section 16-21-14.1of the General Laws in Chapter 16-21 entitled
"Health
and Safety of Pupils"
is hereby amended to read as follows:
16-21-14.1. Vision
screening. – (a) Upon entering kindergarten or within thirty (30) days
of the start of the school year, the parent or
guardian of each child shall present to school health
personnel certification that the child, within the
previous twelve (12) months has passed a vision
screening conducted by a health care professional
licensed by the department of health or has
obtained a comprehensive eye examination performed by
a licensed optometrist or
ophthalmologist. For children who fail to pass the
vision screening and for children diagnosed
with neurodevelopmental
delay, proof of a comprehensive eye examination performed by a
licensed optometrist or ophthalmologist indicating any
pertinent diagnosis, treatment, prognosis,
recommendation and evidence of follow-up treatment, if
necessary, shall be provided.
(b) Any person who
conducts a comprehensive eye examination of a child in response to
such child having failed a vision screening given in
accordance with the provisions of this section
shall forward a written report of the results of the
examination to the school health personnel and
a copy of said report to a parent or guardian of such
child and the child's primary health care
provider. Said report shall include, but not be
limited to, the following:
(1) (i) Date of report;
(2) (ii)
Name, address and date of birth of the child;
(3) (iii)
Name of the child's school;
(4) (iv)
Type of examination;
(5) (v) A
summary of significant findings, including diagnoses, medication used, duration
of action of medication, treatment, prognosis, whether
or not a return visit is recommended and, if
so, when;
(6) (vi)
Recommended educational adjustments for the child, if any, which may include
the following: preferential seating in the classroom,
eyeglasses for full-time use in school,
eyeglasses for part-time use in school, sight-saving
eyeglasses or any other recommendations;
(7) (vii)
Name, address and signature of the examiner.
(c) The department of
health in consultation with the department of education shall
promulgate regulations to carry out the purposes of
this section, including the regular reporting to
the departments of health and education on the results
of examinations provided under subsection
(b) above.
(d) The commissioner of
elementary and secondary education shall provide a
comprehensive report on the education of blind and
visually impaired children to the general
assembly prior to March 1, 2009. The report shall
include, but not limited to, an overview of
policies and programs; an analysis of the effect that
vision exam reports have had on improving
education for children; and the comprehensive
statewide vision education and services program;
and recommendations. The commissioner shall provide an
update of said analysis and report to
the general assembly prior to March 1, 2012 and every
three (3) years thereafter.
SECTION
32. The title of Chapter 16-21.1 of the General Laws entitled
"TRANSPORTATION OF
SCHOOL PUPILS BEYOND CITY AND TOWN LIMITS" is hereby
amended to read as follows:
CHAPTER
16-21.1
Transportation
of
CHAPTER
16-21.1
TRANSPORTATION
OF
[See
Title 16 Chapter 97 -- The
SECTION
33. Sections 16-21.2-4, 16-21.2-5, 16-21.2-6, 16-21.2-8 and 16-21.2-9 of the
General Laws in Chapter
16-21.2 entitled "The Rhode Island Substance Abuse Prevention Act"
are hereby amended to read
as follows:
16-21.2-4.
Substance abuse prevention program. -- (a) The department of
behavioral
healthcare, developmental disabilities and hospitals department of mental health, retardation, and
hospitals
shall be charged with the administration of this chapter and shall provide
grants to assist
in the planning, establishment, and operation of
substance abuse prevention programs. Grants
under this section shall be made to municipal
governments or their designated agents according to
the following guidelines:
(1) The maximum grant
shall be one hundred twenty-five thousand dollars ($125,000);
provided, however, in the event that available funding
exceeds $1.6 million in a fiscal year, those
surplus funds are to be divided proportionately among
the cities and towns on a per capita basis
but in no event shall the city of
(2) In order to obtain a
grant, the municipality or its designated agent must in the first
year:
(i)
Demonstrate the municipality's need for a comprehensive substance abuse program
in
the areas of prevention and education.
(ii) Demonstrate that
the municipality has established by appropriate legislative or
executive action, a substance abuse prevention council
which shall assist in assessing the needs
and resources of the community, developing a three (3)
year plan of action addressing the
identified needs, the operation and implementation of
the overall substance abuse prevention
program; coordinating existing services such as law
enforcement, prevention, treatment, and
education; consisting of representatives of the
municipal government, representatives of the
school system, parents, and human service providers.
(iii) Demonstrate the
municipality's ability to develop a plan of implementation of a
comprehensive three (3) year substance abuse
prevention program based on the specific needs of
the community to include high risk populations of
adolescents, children of substance abusers, and
primary education school aged children.
(iv) Agree to conduct a
survey/questionnaire of the student population designed to
establish the extent of the use and abuse of drugs and
alcohol in students throughout the local
community's school population.
(v) Demonstrate that at
least twenty percent (20%) of the cost of the proposed program
will be contributed either in cash or in-kind by
public or private resources within the
municipality.
(b) The department of
behavioral healthcare, developmental disabilities and hospitals
department of mental health, retardation, and
hospitals shall adopt rules and
regulations necessary
and appropriate to carry out the purposes of this
section.
16-21.2-5. Funding
of substance abuse prevention program. – (a) Money to fund the
Rhode Island Substance Abuse Prevention Act shall be
appropriated from state general revenues
and shall be raised by assessing an additional penalty
of thirty dollars ($30.00) for all speeding
violations as set forth in § 31-43-5.1. The money
shall be deposited as general revenues. The
department of behavioral healthcare, developmental
disabilities and hospitals department
of
mental health, retardation, and hospitals may utilize up to ten percent (10%) of the sums
appropriated for the purpose of administering the
substance abuse prevention program.
(b) Grants made under
this chapter shall not exceed money available in the substance
abuse prevention program.
16-21.2-6.
Timetable for grant applications and disbursement. – The department
of
behavioral healthcare, developmental disabilities and
hospitals department of mental
health,
retardation, and hospitals shall establish guidelines and criteria for the
acceptance of grant
applications and the disbursement of grants.
16-21.2-8. The
duties of the director of the department of mental health, retardation,
and hospitals.-- The duties of the director of the department of
behavioral healthcare,
developmental disabilities and hospitals.--The director of the department of behavioral
healthcare, developmental disabilities and hospitals department of mental health, retardation, and
hospitals or
his or her designated agent shall make an annual report by September 1 of each
year
to the governor and the general assembly on the
administration of the program.
16-21.2-9.
Permanent legislative oversight commission on substance abuse
prevention. -- There is established a permanent legislative oversight commission on
substance
abuse prevention whose purpose it shall be to oversee
the implementation and administration of
the Rhode Island Substance Abuse Prevention Act and to
advise and make recommendations to
the general assembly as to the adequacy and efficiency
of all statutes, rules, regulations,
guidelines, practices, and programs relating to
substance abuse prevention. The commission shall
consist of twelve (12) members: five (5) members shall
be appointed by the speaker of the house
of representatives from among the members of the house
of representatives, not more than four
(4) of whom shall be from the same political party;
three (3) members shall be appointed by the
president of the senate from among the members of the
senate, not more than two (2) of whom
shall be from the same political party; and one member
(ex officio) shall be the director of the
department of behavioral healthcare, developmental
disabilities and hospitals department
of
mental health, retardation, and hospitals and one member (ex officio) shall be the director of
the
department of health or designee; and a Rhode Island
Substance Abuse Prevention Act task force
member to be appointed by the chairperson of the
commission; and a public member appointed
by the chairperson of the commission. The chairperson
of the commission shall be appointed by
the speaker of the house of representatives. Members
of the commission shall serve without
compensation, except that they shall be allowed their
actual and necessary expenses incurred in
the performance of their duties under this section.
The commission may request and shall receive
from any instrumentality of the state, including the
division of substance abuse of the department
of behavioral healthcare, developmental disabilities
and hospitals department of mental
health,
retardation, and hospitals and from any municipality or any instrumentality of a
municipality, any
information and assistance that it deems necessary for
the proper execution of its powers and
duties under this section. The commission shall meet
at least quarterly and shall report at least
annually to the general assembly on its findings and
recommendations with respect to:
(1) All existing
substance abuse prevention programs;
(2) All rules,
regulations, and guidelines promulgated pursuant to the
Substance Abuse Prevention Act;
(3) Administration of
the
(4) Any other matters
relating to substance abuse prevention efforts in the state.
SECTION
34. The title of Chapter 16-22 of the General Laws entitled
"CURRICULUM"
is hereby amended to read
as follows:
CHAPTER
16-22
Curriculum
CHAPTER
16-22
CURRICULUM
[See
Title 16 Chapter 97 -- The
SECTION
35. The title of Chapter 16-22.1 of the General Laws entitled "THE
STATEWIDE VIRTUAL EDUCATION
ACT" is hereby amended to read as follows:
CHAPTER
16-22.1
The
Statewide Virtual Education Act
CHAPTER
16-22.1
THE
STATEWIDE VIRTUAL EDUCATION ACT
[See
Title 16 Chapter 97 -- The
SECTION
36. Sections 16-21.3-2, 16-21.3-3, 16-21.3-4 and 16-21.3-5 of the General
Laws in Chapter 16-21.3
entitled "The Rhode Island Student Assistance Junior High/Middle
School Act" are hereby
amended to read as follows:
16-21.3-2. Junior
high/middle school student assistance program. -- (a) The
department of behavioral healthcare, developmental
disabilities and hospitals department
of
mental health, retardation, and hospitals shall be charged with the administration of this
chapter
and shall contract with appropriate substance abuse
prevention/intervention agencies to provide
student assistance services in junior high/middle
schools.
(b) Following the first
complete year of operation, school systems receiving junior
high/middle school student assistance services will be
required to contribute twenty percent
(20%) of the costs of student assistance counselors to
the service provider agency in order to
continue the services.
16-21.3-3. Funding
of junior high/middle school student assistance program. -- (a)
Money to fund this program shall be raised by
assessing an additional substance abuse prevention
assessment of thirty dollars ($30.00) for all moving
motor vehicle violations handled by the
traffic tribunal including, but not limited to, those
violations set forth in § 31-41.1-4, except for
speeding. The money shall be deposited in a restricted
purpose receipt account separate from all
other accounts within the department of behavioral
healthcare, developmental disabilities and
hospitals department
of mental health, retardation, and hospitals. The restricted purpose
receipt
account shall be known as the junior high/middle
school student assistance fund and the traffic
tribunal shall transfer money from the junior
high/middle school student assistance fund to the
department of behavioral healthcare, developmental
disabilities and hospitals the
department of
mental health, retardation, and hospitals for the administration of the Rhode Island Student
Assistance Junior High/Middle School Act.
(b) The department of
behavioral healthcare, developmental disabilities and hospitals
department of mental health, retardation, and
hospitals may utilize up to ten
percent (10%) of the
sums collected from the additional penalty for the
purpose of administering the program.
16-21.3-4. The
duties of the director of the department the department of mental
health, retardation, and hospitals. -- The
duties of the director of the department of
behavioral healthcare, developmental disabilities and
hospitals. --The director of the
department of behavioral healthcare, developmental
disabilities and hospitals the
department of
mental health, retardation, and hospitals or his or her designated agent shall make an annual
report by September 1 of each year to the governor and
general assembly on the administration of
the program and shall submit to the governor and the
general assembly the results of an
independent evaluation of the substance abuse
prevention program created in accordance with
this section.
16-21.3-5.
Permanent legislative oversight commission on substance abuse
prevention. -- The established
permanent legislative oversight commission on substance abuse
prevention shall oversee the implementation and
administration of this chapter and shall advise
and make recommendations to the general assembly as to
the adequacy and efficiency of all
statutes, rules, regulations, guidelines, practices,
and programs relating to substance abuse
prevention. Members of the commission shall serve
without compensation, except that they shall
be allowed their actual and necessary expenses
incurred in the performance of their duties under
this section. The commission may request and shall
receive from any instrumentality of the state,
including the division of substance abuse services of the
department of behavioral healthcare,
developmental disabilities and hospitals department of mental health, retardation, and
hospitals,
and from any municipality or any instrumentality of
the municipality, any information and
assistance it deems necessary for the proper execution
of its powers and duties under this section.
The commission shall meet at least quarterly and shall
report at least annually to the general
assembly on its findings and recommendations with
respect to: (a) all existing substance abuse
prevention programs; (b) all rules, regulations, and
guidelines promulgated pursuant to this
chapter; (c) administration of this chapter; (d) any
other matters relating to substance abuse
prevention efforts in the state. The legislative
oversight commission shall have the authority to
designate or commit after careful evaluation
unexpended funds from this chapter and chapter 21.2
of this title to appropriate substance abuse
prevention programming and/or planning.
SECTION
37. The title of Chapter 16-24 of the General Laws entitled "CHILDREN
WITH DISABILITIES" is
hereby amended to read as follows:
CHAPTER
16-24
Children
with Disabilities
CHAPTER
16-24
CHILDREN
WITH DISABILITIES
[See
Title 16 Chapter 97 -- The
SECTION
38. Sections 16-24-1, 16-24-2, 16-24-3 and 16-24-16 of the General Laws in
Chapter 16-24 entitled
"Children with Disabilities" are hereby amended to read as follows:
16-24-1. Duty of
school committee to provide special education. -- (a) In any city or
town where there is a child with a disability within
the age range as designated by the regulations
of the state board of regents for elementary and
secondary education, who is functionally limited
to such an extent that normal educational growth and
development is prevented, the school
committee of the city or town where the child resides
shall provide the type of special education
that will best satisfy the needs of the child with a
disability, as recommended and approved by the
state board of regents for elementary and secondary
education in accordance with its regulations
governing the education of children with disabilities.
(b) Notwithstanding any
other federal or state law or regulation, the school committee
where a parentally placed child who has or develops a
disability in private school resides, shall
provide the child with the same free and appropriate
education as it provides to children in public
schools. These children shall have the same rights and
remedies in the regulations of the board of
regents for elementary and secondary education
governing the education of children with
disabilities as children in public school relative to
initially determining eligibility, implementation
and/or any other rights and remedies relative to any
special education services the child may be
eligible or receive from the public school district.
(c) For the purpose of
this statute, a parentally placed child who has or develops a
disability in private school is defined as a child
enrolled or placed in a private school by the
unilateral decision of his or her parents and without
consolation of the public school district, who
either has, or at some point while at the private
school is diagnosed with a learning disability.
Parents who unilaterally enroll their child in a
private school are required to pay the tuition costs
related to the child's education that are unrelated to
the child's disability, and the public school
district where the child resides is responsible for payment
of the services related to the child's
disability as developed and determined in the child's
individual education plan.
(d) For the purpose of
this statute, a free and appropriate education is defined as special
education services and related services that:
(i)(1)
Are provided at public expense, under public supervision and direction, and
without charge;
(ii)(2)
Meet all of the standards and requirements of the state of
of education and requirements of the regulations of
the board of regents for elementary and
secondary education governing the education of
children with disabilities, which shall include
initial evaluation and determination procedures;
(iii)(3)
Include preschool, elementary school or secondary school education in the
state;
and
(iv)(4)
Are provided in conformity with an individualized education program that meets
the requirements of the regulations of the board of
regents for elementary and secondary
education governing the education of children with
disabilities.
(e) In those cases that
an individual education plan has been adopted for a child and the
child moves to another town or city, the plan shall
remain in effect until a new plan is adopted for
the child in the new town or city.
16-24-2.
Regulations of state board. -- It shall be the duty of the state board
of regents
for elementary and secondary education to set up
regulations for the purpose of carrying out the
intent of this chapter; and the regulations shall also
be applicable in the administration of all
educational programs operated and/or supported by the department
of behavioral healthcare,
developmental disabilities and hospitals department of mental health, retardation, and
hospitals,
human services, and corrections; the department of
children, youth, and families and the board of
regents shall report to the attorney general for the
purpose of enforcing any noncompliance with
its regulations for special education. The regulations
shall include:
(1) Criteria to
determine who is to be included in the category of a child with a disability
and all persons from the age of three (3) to
twenty-one (21) years who are functionally limited to
such an extent that normal educational growth and development
is prevented must be included in
establishing the category of a child with a
disability;
(2) Minimum criteria
for establishment and/or reimbursement of special facilities (such
as public school classes, hospital schools, etc.) for
each category of exceptionality;
(3) Standard accounting
procedures including a uniform system of accounts for the
determination of the cost of special education and
standard reporting requirements, both subject
to the prior written approval of the auditor general,
and methods of reimbursement;
(4) Teacher training
recommendations and minimum teacher qualifications;
(5) Transportation;
(6) Provisions
permitting parents, public education agencies, certified public school
teachers, support personnel, and their authorized
representatives to appeal decisions made
pursuant to the regulations; and
(7) Any other
regulations the state board of regents deems necessary to implement this
chapter.
16-24-3. Annual
census of children with disabilities. -- The school committee of every
city and town shall annually ascertain, under
regulations prescribed by the state board of regents
for elementary and secondary education, in cooperation
with the directors of human services and
behavioral healthcare, developmental disabilities and
hospitals mental health,
retardation, and
hospitals,
the number of children residing in the town or city of school age who have
disabilities.
16-24-16. Approved
centers. -- For the purpose of furnishing transportation and
providing incidental expenses for the education of
mentally retarded children under the age of
eighteen (18), a center approved by the director of behavioral
healthcare, developmental
disabilities and hospitals mental health, retardation, and hospitals
shall be decreed to be a school
as considered in this chapter.
SECTION
39. The title of Chapter 16-25.1 of the General Laws entitled "BRAILLE
INSTRUCTION FOR BLIND
STUDENTS" is hereby amended to read as follows:
CHAPTER
16-25.1
Braille
Instruction for Blind Students
CHAPTER
16-25.1
BRAILLE
INSTRUCTION FOR BLIND STUDENTS
[See
Title 16 Chapter 97 -- The
SECTION
40. The title of Chapter 16-25.2 of the General Laws entitled
"INSTRUCTION FOR DEAF
OR HARD OF HEARING STUDENTS" is hereby amended to
read as follows:
CHAPTER
16-25.2
Instruction
for Deaf or Hard of Hearing Students
CHAPTER
16-25.2
INSTRUCTION
FOR DEAF OR HARD OF HEARING STUDENTS
[See
Title 16 Chapter 97 -- The
SECTION
41. The title of Chapter 16-25.3 of the General Laws entitled "SCHOOL
SPEECH AND LANGUAGE
PATHOLOGISTS" is hereby amended to read as follows:
CHAPTER
16-25.3
School
Speech and Language Pathologists
CHAPTER
16-25.3
SCHOOL
SPEECH AND LANGUAGE PATHOLOGISTS
[See
Title 16 Chapter 97 -- The
SECTION
42. Section 16-25.3-2 of the General Laws in Chapter 16-25.3 entitled
"School
Speech and Language Pathologists"
is hereby amended to read as follows:
16-25.3-2.
Employment of speech language pathologists. -- (a) Each school district
is
encouraged by the general assembly to employ one full
time certified speech language pathologist
for every forty (40) students who receive speech
language services within the age range of three
(3) to twenty-one (21). In cases where the number of
students receiving speech language services
is above forty (40), the school district is encouraged
to employ a speech language pathologist on a
part time pro-rata basis.
(b) When a speech and
language evaluation or the provision of speech language services
are being considered or are part of the student's
program the speech language pathologist shall be
a member of the multidisciplinary team.
(c) In the event an
individual seeks emergency certification from the department of
elementary and secondary education in the area of
speech language pathology, the individual
must meet the following minimum requirements before
the granting of emergency certification by
the department of elementary and secondary education:
(1) Hold a bachelor's
degree in communicative disorders from an accredited college or
university;
(2) Have successfully
completed no less than eighteen (18) hours of graduate credit in
the area of speech language pathology.
(d) Individuals under
emergency certification to conduct the business of a speech
language pathologist shall be under the direct
supervision of a certified speech language
pathologist. At no time shall a certified speech
language pathologist supervise more than one
emergency certified speech language pathologist.
(e) [Deleted by P.L.
2007, ch. 73, art. 21, section 4].
(f) [Deleted by P.L.
2007, ch. 73, art. 21, section 4].
SECTION
43. The title of Chapter 16-25.4 of the General Laws entitled "AMERICAN
SIGN LANGUAGE" is
hereby amended to read as follows:
CHAPTER
16-25.4
American
Sign Language
CHAPTER
16-25.4
AMERICAN
SIGN LANGUAGE
[See
Title 16 Chapter 97 -- The
SECTION
44. The title of Chapter 16-26 of the General Laws entitled "SCHOOL FOR
THE DEAF" is hereby
amended to read as follows:
CHAPTER
16-26
School
for the Deaf
CHAPTER
16-26
SCHOOL
FOR THE DEAF
[See
Title 16 Chapter 97 -- The
SECTION
45. The title of Chapter 16-26.1 of the General Laws entitled "RHODE
ISLAND VISION EDUCATION AND
SERVICES PROGRAM" is hereby amended to read as
follows:
CHAPTER
16-26.1
Rhode Vision Education and
Services Program
CHAPTER
16-26.1
[See
Title 16 Chapter 97 -- The
SECTION
46. The title of Chapter 16-28 of the General Laws entitled "EDUCATIONAL
TELEVISION" is hereby
amended to read as follows:
CHAPTER
16-28
Educational
Television
CHAPTER
16-28
EDUCATIONAL
TELEVISION
[See
Title 16 Chapter 97 -- The
SECTION
47. The title of Chapter 16-32 of the General Laws entitled "UNIVERSITY
OF
CHAPTER
16-32
University
of
CHAPTER
16-32
UNIVERSITY
OF
[See
Title 16 Chapter 97 -- The
SECTION
48. The title of Chapter 16-32.1 of the General Laws entitled "THE
read as follows:
CHAPTER
16-32.1
The
University of
CHAPTER
16-32.1
THE
UNIVERSITY OF
[See
Title 16 Chapter 97 -- The
SECTION
49. The title of Chapter 16-33 of the General Laws entitled "RHODE
CHAPTER
16-33
Rhode
CHAPTER
16-33
[See
Title 16 Chapter 97 -- The
SECTION
50. The title of Chapter 16-33.1 of the General Laws entitled "COMMUNITY
COLLEGE OF RHODE
ISLAND" is hereby amended to read as follows:
CHAPTER
16-33.1
Community
College of
CHAPTER
16-33.1
COMMUNITY
COLLEGE OF
[See
Title 16 Chapter 97 -- The
SECTION
51. The title of Chapter 16-38 of the General Laws entitled "OFFENSES
PERTAINING TO SCHOOLS"
is hereby amended to read as follows:
CHAPTER
16-38
Offenses
Pertaining to Schools
CHAPTER
16-38
OFFENSES
PERTAINING TO SCHOOLS
[See
Title 16 Chapter 97 -- The
SECTION
52. The title of Chapter 16-39 of the General Laws entitled
"CONTROVERSIES IN
SCHOOL MATTERS" is hereby amended to read as follows:
CHAPTER
16-39
Controversies
in School Matters
CHAPTER
16-39
CONTROVERSIES
IN SCHOOL MATTERS
[See
Title 16 Chapter 97 -- The
SECTION
53. The title of Chapter 16-40 of the General Laws entitled "PRIVATE
SCHOOLS" is hereby
amended to read as follows:
CHAPTER
16-40
Private
Schools
CHAPTER
16-40
PRIVATE
SCHOOLS
[See
Title 16 Chapter 97 -- The
SECTION
54. The title of Chapter 16-42 of the General Laws entitled "EDUCATION
OF GIFTED CHILDREN" is
hereby amended to read as follows:
CHAPTER
16-42
Education
of Gifted Children
CHAPTER
16-42
EDUCATION
OF GIFTED CHILDREN
[See
Title 16 Chapter 97 -- The
SECTION
55. The title of Chapter 16-44 of the General Laws entitled "COMMUNITY
COLLEGES" is hereby
amended to read as follows:
CHAPTER
16-44
Community
Colleges
CHAPTER
16-44
COMMUNITY
COLLEGES
[See
Title 16 Chapter 97 -- The
SECTION
56. The title of Chapter 16-45 of the General Laws entitled "REGIONAL
VOCATIONAL SCHOOLS" is
hereby amended to read as follows:
CHAPTER
16-45
Regional
Vocational Schools
CHAPTER
16-45
REGIONAL
VOCATIONAL SCHOOLS
[See
Title 16 Chapter 97 -- The
SECTION
57. Section 16-45-6.1 of the General Laws in Chapter 16-45 entitled
"Regional Vocational
Schools" is hereby amended to read as follows:
16-45-6.1. Career
and technical education. -- (a) The general assembly finds that
career
and technical education programs that meet rigorous
industry standards and prepare Rhode
Island's students to succeed in a wide variety of employment
settings are a critical component of
the state's public education system and a necessary
element of the state's economic development.
(b) The general
assembly further finds that the proportion of students now enrolled in
such programs is inadequate. Therefore, all
Commissioner of Elementary and Secondary Education no
later than January 1, 2006 setting forth
the means through which no fewer than forty (40)
percent of their students enrolled in grades nine
(9) through twelve (12) shall be provided the
opportunity to enroll in career and technical
programming that is certified by the Rhode Island
Department of Education as meeting industry
standards by September 2007.
(c) To facilitate
the development of additional career and technical program offerings for
education shall, in furtherance of the reports and
studies that have been developed since 2000
setting forth recommendations for an updated system of
career and technical education for the
State of
and technical programs and sets forth standards and
procedures for the department of elementary
and secondary education to approve programs that are
developed in cooperation with business,
industry and postsecondary institutions. The
department shall also develop a system design for
three additional state operated career and technical
schools, in addition to the William H. Davies
School and the Metropolitan Career and
model for the siting,
building costs, operational costs and program design for each such school.
The general assembly shall appropriate funds to the
department for purposes of their completion
of the system design for the statewide program
approval process to industry standards and the
development of the models, siting
and program design of the three (3) additional state operated
career and technical schools.
SECTION
58. The title of Chapter 16-45.1 of the General Laws entitled "CAREER AND
TECHNICAL EDUCATION"
is hereby amended to read as follows:
CHAPTER
16-45.1
Career
and Technical Education
CHAPTER
16-45.1
CAREER
AND TECHNICAL EDUCATION
[See
Title 16 Chapter 97 -- The
SECTION
59. The title of Chapter 16-52 of the General Laws entitled
"MAINTENANCE OF ORDER
ON CAMPUS" is hereby amended to read as follows:
CHAPTER
16-52
Maintenance
of Order on Campus
CHAPTER
16-52
MAINTENANCE
OF ORDER ON CAMPUS
[See
Title 16 Chapter 97 -- The
SECTION
60. The title of Chapter 16-53 of the General Laws entitled "RHODE
is hereby amended to read
as follows:
CHAPTER
16-53
Rhode Advisory Council for
Technical Vocational Education
CHAPTER
16-53
EDUCATION
[See
Title 16 Chapter 97 -- The
SECTION
61. The title of Chapter 16-54 of the General Laws entitled "EDUCATION
OF LIMITED ENGLISH
PROFICIENT STUDENTS" is hereby amended to read as follows:
CHAPTER
16-54
Education
of Limited English Proficient Students
CHAPTER
16-54
EDUCATION
OF LIMITED ENGLISH PROFICIENT STUDENTS
[See
Title 16 Chapter 97 -- The
SECTION
62. The title of Chapter 16-57 of the General Laws entitled "HIGHER
EDUCATION ASSISTANCE
AUTHORITY" is hereby amended to read as follows:
CHAPTER
16-57
Higher
Education Assistance Authority
CHAPTER
16-57
HIGHER
EDUCATION ASSISTANCE AUTHORITY
[See
Title 16 Chapter 97 -- The
SECTION
63. Section 16-57-10 of the General Laws in Chapter 16-57 entitled "Higher
Education Assistance
Authority" is hereby amended to read as follows:
16-57-10. Reserve
funds. -- (a) To assure the continued operation and solvency of
the
authority for the carrying out of its corporate
purposes, the authority may create and establish any
reserve funds as may be necessary or desirable for its
corporate purposes, and may pay into the
funds any money appropriated and made available by the
state, the commissioner, or any other
source for the purpose of the funds, and any money
collected by the authority as fees for the
guaranty of eligible loans.
(b) To assure continued
solvency of the authority, the authority's operating fund shall be
used solely for the ordinary operating expenses of the
authority. Furthermore, it is the intent of
the general assembly that these funds eventually be
used to increase financial assistance to Rhode
Island students in the form of scholarships and
grants.
SECTION
64. The title of Chapter 16-59 of the General Laws entitled "BOARD OF
GOVERNORS FOR HIGHER
EDUCATION" is hereby amended to read as follows:
CHAPTER
16-59
Board
of Governors for Higher Education
CHAPTER
16-59
BOARD
OF GOVERNORS FOR HIGHER EDUCATION
[See
Title 16 Chapter 97 -- The
SECTION
65. The title of Chapter 16-60 of the General Laws entitled "BOARD OF
REGENTS FOR ELEMENTARY AND
SECONDARY EDUCATION" is hereby amended to
read as follows:
CHAPTER
16-60
Board
of Regents for Elementary and Secondary Education
CHAPTER
16-60
BOARD
OF REGENTS FOR ELEMENTARY AND SECONDARY EDUCATION
[See
Title 16 Chapter 97 -- The
SECTION
66. The title of Chapter 16-61 of the General Laws entitled "RHODE
ISLAND PUBLIC
TELECOMMUNICATIONS AUTHORITY" is hereby amended to read as
follows:
CHAPTER
16-61
Rhode Public Telecommunications
Authority
CHAPTER
16-61
[See
Title 16 Chapter 97 -- The
SECTION
67. The title of Chapter 16-63 of the General Laws entitled "ADULT
EDUCATION" is hereby
amended to read as follows:
CHAPTER
16-63
Adult
Education
CHAPTER
16-63
ADULT
EDUCATION
[See
Title 16 Chapter 97 -- The
SECTION
68. Section 16-64-1.1 of the General Laws in Chapter 16-64 entitled
"Residence of Children
for School Purposes" is hereby amended to read as follows:
16-64-1.1. Payment
and reimbursement for educational costs of children placed in
foster care, group homes, or other residential
facility by a
Children placed in foster care by a
governmental agency shall be entitled to the same free
appropriate public education provided to
all other residents of the city or town where the
child is placed. The city or town shall pay the cost
of the education of the child during the time the
child is in foster care in the city or town.
(b) Children placed by DCYF
in a group home or other residential facility that does not
include the delivery of educational services are to be
educated by the community in which the
group home or other residential facility is located,
and those children shall be entitled to the same
free appropriate public education provided to all
other residents of the city or town where the
child is placed. For purposes of payment and
reimbursement for educational costs under this
chapter, the term "group home or other
residential facility" shall not include independent living
programs. Each city and town that contains one or more
group homes or other residential
facilities that do not include delivery of educational
services will receive funds as part of state aid
to education in accordance with the following
provisions:
(1) On December 31 of
each year the DCYF shall provide the department of elementary
and secondary education with a precise count of how
many group home or other residential
facility "beds" exist in each
that do not include the delivery of educational
services. The number of "beds" in each group
home or other residential facility shall be equal to
the maximum number of children that may be
placed in that group home or other residential
facility on any given night according to the
applicable licensure standards of the DCYF.
(2) For the fiscal year
beginning July 1, 2007, if the number of beds certified by the
Department of Children, Youth and Families for a
school district by December 31, 2007 is greater
than the number certified March 14, 2007 upon which
the education aid for FY 2008 was
appropriated, the education aid for that district will
be increased by the number of increased beds
multiplied by fifteen thousand dollars ($15,000).
Notwithstanding the provisions of this section or
any law to the contrary, the education aid for all
group home or other residential facility "beds"
located or associated with the Children's Residential and
Family Treatment (CRAFT) program
located on the
($22,000) per bed. The Department of Elementary and
Secondary Education shall include the
additional aid in equal payments in March, April, May
and June, and the Governor's budget
recommendations pursuant to section 35-3-8 shall
include the amounts required to provide the
increased aid.
For all fiscal years
beginning after June 30, 2008, education aid for each school district
shall include fifteen thousand dollars ($15,000) for
each bed certified by the Department of
Children, Youth and Families by the preceding December
31. Notwithstanding the provisions of
this section or any law to the contrary, the education
aid for all group home or other residential
facility "beds" located or associated with
the Children's Residential and Family Treatment
(CRAFT) program located on the
two thousand dollars ($22,000) per bed. For all fiscal
years beginning after June 30, 2008,
whenever the number of beds certified by the
Department of Children, Youth and Families for a
school district by December 31 is greater than the
number certified the prior December 31 upon
which the education aid for that fiscal year was
appropriated, the education aid for that district as
enacted by the assembly during the prior legislative
session for that fiscal year will be increased
by the number of increased beds multiplied by the amount
per bed authorized for that fiscal year.
The Department of Elementary and Secondary Education
shall include the additional aid in equal
payments in March, April, May and June, and the
Governor's budget recommendations pursuant
to section 35-3-8 shall include the amounts required
to provide the increased aid.
(3) [Deleted by P.L.
2007, ch. 73, art. 21, section 6.]
(4) [Deleted by P.L.
2007, ch. 73, art. 21, section 6.]
(5) [Deleted by P.L.
2007, ch. 73, art. 21, section 6.]
(c) Children placed by
DCYF in a residential treatment program, group home, or other
residential facility, whether or not located in the
state of
delivery of educational services, provided by that
facility (excluding facilities where students are
taught on grounds for periods of time by teaching
staff provided by the school district in which
the facility is located), shall have the cost of their
education paid for as provided for in subsection
(d) of this section and section 16-64-1.2. The city or
town determined to be responsible to DYCF
for a per-pupil special education cost pursuant to
section 16-64-1.2 shall pay its share of the cost
of educational services to DCYF or to the facility
providing educational services.
(d) Children placed by
DCYF in group homes, child caring facilities, community
residences, or other residential facilities shall have
the entire cost of their education paid for by
DCYF if:
(1) The facility is
operated by the state of
DCYF to fund a pre-determined number of placements or
part of the facility's program;
(2) The facility is
state-licensed; and
(3) The facility operates
an approved on-grounds educational program, whether or not
the child attends the on-grounds program.
SECTION
69. The title of Chapter 16-67 of the General Laws entitled "RHODE
ISLAND LITERACY AND DROPOUT
PREVENTION ACT" is hereby amended to read as
follows:
CHAPTER
16-67
Rhode
CHAPTER
16-67
RHODE
[See
Title 16 Chapter 97 -- The
SECTION
70. The title of Chapter 16-67.1 of the General Laws entitled "RHODE
ISLAND HIGH SCHOOL DROPOUT
PREVENTION ACT OF 2007" is hereby amended to
read as follows:
CHAPTER
16-67.1
Rhode Dropout Prevention Act of
2007
CHAPTER
16-67.1
[See
Title 16 Chapter 97 -- The
SECTION
71. The title of Chapter 16-69 of the General Laws entitled "60/40 FUNDING
OF PUBLIC SCHOOLS" is hereby
amended to read as follows:
CHAPTER
16-69
60/o40
Funding of Public Schools
CHAPTER
16-69
60/40
FUNDING OF PUBLIC SCHOOLS
[See
Title 16 Chapter 97 -- The
SECTION
72. The title of Chapter 16-70 of the General Laws entitled "THE RHODE
ISLAND CHILDREN'S CRUSADE
FOR HIGHER EDUCATION" is hereby amended to read as
follows:
CHAPTER
16-70
The
Rhode Island Children's Crusade for Higher Education
CHAPTER
16-70
THE
RHODE ISLAND CHILDREN'S CRUSADE FOR HIGHER EDUCATION
[See
Title 16 Chapter 97 -- The
SECTION
73. Section 16-71-3 of the General Laws in Chapter 16-71 entitled "The
Rhode Island Educational
Records Bill of Rights" is hereby amended to read as follows:
16-71-3.
Educational records access and review rights -- Confidentiality of records. -
- (a)
The parent, legal guardian, or eligible student, shall have the following
enumerated rights:
(1) The right to
personally inspect and review records in existence at the time of the
request that are required to be kept by law or
regulation of the student within ten (10) days of the
request. The request shall be made to the school's
principal or designated appropriate authority;
(2) The right to a
reasonable explanation and interpretation of the records;
(3) The right to copies
of the records. The cost per copied page of written records shall
not exceed fifteen cents ($.15) per page for records copyable on common business or legal size
paper. No fee will be assessed to search for or to
retrieve the records;
(4) The right to have
the records preserved as long as a request to inspect is outstanding;
(5) The right to
request an amendment and/or expungement of the records
if the parent or
eligible student believes that the information
contained in these records is inaccurate, misleading,
or in violation of the student's right to privacy;
this request shall be made in writing to the
appropriate records keeper.
(6) The right to place
a statement in the record commenting on any contested
information in the record. This statement shall be
maintained with the contested part of the record
for as long as the record is maintained and it shall
be disclosed when the portion of the record to
which it relates is disclosed;
(7) The right to have
the records kept confidential and not released to any other
individual, agency or organization without prior
written consent of the parent, legal guardian or
eligible student, except to the extent that the
release of the records is authorized by the provisions
of 20 U.S.C. section 1232g or other applicable law or
court process.
(b) Any person
aggrieved under this chapter shall have the right to appeal in accordance
with the provisions of chapter 39 of this title.
(c) [Deleted by P.L.
2004, ch. 97, section 1 and by P.L. 2004, ch. 106, section 1.
SECTION
74. The title of Chapter 16-72 of the General Laws entitled "RHODE
ISLAND CHALLENGE GRANTS
ACT" is hereby amended to read as follows:
CHAPTER
16-72
Rhode Challenge Grants Act
CHAPTER
16-72
[See
Title 16 Chapter 97 -- The
SECTION
75. The title of Chapter 16-73 of the General Laws entitled "EDUCATION -
SOCIAL SERVICES" is
hereby amended to read as follows:
CHAPTER
16-73
Education
- Social Services
CHAPTER
16-73
EDUCATION
-- SOCIAL SERVICES
[See
Title 16 Chapter 97 -- The
SECTION
76. The title of Chapter 16-74 of the General Laws entitled "GUARANTEED
STUDENT ENTITLEMENT"
is hereby amended to read as follows:
CHAPTER
16-74
Guaranteed
Student Entitlement
CHAPTER
16-74
GUARANTEED
STUDENT ENTITLEMENT
[See
Title 16 Chapter 97 -- The
SECTION
77. The title of Chapter 16-77 of the General Laws entitled
"ESTABLISHMENT OF
CHARTER PUBLIC SCHOOLS" is hereby amended to read as
follows:
CHAPTER
16-77
Establishment
of Charter Public Schools
CHAPTER
16-77
ESTABLISHMENT
OF CHARTER PUBLIC SCHOOLS
[See
Title 16 Chapter 97 -- The
SECTION
78. The title of Chapter 16-77.1 of the General Laws entitled "FUNDING OF
CHARTER PUBLIC
SCHOOLS" is hereby amended to read as follows:
CHAPTER
16-77.1
Funding
of Charter Public Schools
CHAPTER
16-77.1
FUNDING
OF CHARTER PUBLIC SCHOOLS
[See
Title 16 Chapter 97 -- The
SECTION
79. The title of Chapter 16-77.2 of the General Laws entitled "DISTRICT
CHAPTER
16-77.2
District
CHAPTER
16-77.2
[See
Title 16 Chapter 97 -- The
SECTION
80. The title of Chapter 16-77.3 of the General Laws entitled
"INDEPENDENT CHARTER
SCHOOLS" is hereby amended to read as follows:
CHAPTER
16-77.3
Independent
Charter Schools
CHAPTER
16-77.3
INDEPENDENT
CHARTER SCHOOLS
[See
Title 16 Chapter 97 -- The
SECTION
81. The title of Chapter 16-77.4 of the General Laws entitled "MAYORAL
ACADEMIES" is hereby
amended to read as follows:
CHAPTER
16-77.4
Mayoral
Academies
CHAPTER
16-77.4
MAYORAL
ACADEMIES
[See
Title 16 Chapter 97 -- The
SECTION
82. Section 16-83-3 of the General Laws in Chapter 16-83 entitled "The
Rhode Island Middle School
Reform Act of 2004" is hereby amended to read as follows:
16-83-3. School
committees -- Implementation of policy. -- Every school committee in
every city or town shall initiate policy intended to
improve the educational performance of its
middle schools. Said policy shall include the
following criteria:
(a)(1)
Encourage the redesign of its middle schools. Such a redesign effort should
include all of the key elements of reformed middle schools,
particularly time for team planning at
least three (3) times per week and occurring during
the school day.
(b)(2)
Encourage the professional development of all middle school teachers to better
prepare them to successfully deal with the challenges
of educating the middle school student.
(c)(3)
Encourage after-school social and recreational programs at its middle schools
to
better engage and connect the middle school students
to their school.
(d)(4) Encourage
extended day academic tutorial programs for all students performing
below standard in English, language arts and
mathematics.
(e)(5)
Encourage the training of parents and community organizations to better prepare
them to address the numerous needs of middle school
students when they are not in school.
SECTION
83. The title of Chapter 16-84 of the General Laws entitled "PUBLIC
HIGHER EDUCATION ACADEMIC
EXCELLENCE AND STUDENT ACCESS
ENDOWMENT INCENTIVE
PROGRAM" is hereby amended to read as follows:
CHAPTER
16-84
Public
Higher Education Academic Excellence and Student Access Endowment Incentive
Program
CHAPTER
16-84
PUBLIC
HIGHER EDUCATION ACADEMIC EXCELLENCE AND STUDENT ACCESS
ENDOWMENT
INCENTIVE PROGRAM
[See
Title 16 Chapter 97 -- The
SECTION
84. Section 16-84-1 of the General Laws in Chapter 16-84 entitled "Public
Higher Education Academic
Excellence and Student Access Endowment Incentive Program" is
hereby amended to read as
follows:
16-84-1.
Legislative findings. -- (a) The legislature recognizes that it
is clearly in the
public interest for the University of Rhode Island,
Rhode Island College and the Community
excellence and educational access. The legislature
further finds that the creation of endowed
academic chairs enhances the ability of
education to offer quality instruction and that
additional scholarship funding will provide
opportunities for students to pursue their educational
and occupational goals. It is, therefore,
declared to be the policy of the state to encourage
private fundraising for these purposes by the
and to assist such fundraising through a matching
program to be known as the public higher
education academic excellence and student access
endowment incentive program.
(b) This program
shall not result in direct or indirect reductions in the state's
appropriation to the board of governors for higher
education.
SECTION
85. The title of Chapter 16-86 of the General Laws entitled "RHODE
CHAPTER
16-86
Rhode
CHAPTER
16-86
[See
Title 16 Chapter 97 -- The
SECTION
86. Section 16-86-1 of the General Laws in Chapter 16-86 entitled "Rhode
16-86-1.
Legislative findings. -- The general assembly finds and declares as
follows:
(1) There is a
distinct shortage in
to function in direct support of individuals with
developmental and/or learning disabilities who
have special needs.
(2) The on disabilities for Disabilities was established in 1993 at
individuals with disabilities in school, work and
society.
SECTION
87. The title of Chapter 16-90 of the General Laws entitled "HIGH SCHOOL
OUTCOMES IMPROVEMENT ACT OF
2009" is hereby amended to read as follows:
CHAPTER
16-90
High
School Outcomes Improvement Act of 2009
CHAPTER
16-90
HIGH
SCHOOL OUTCOMES IMPROVEMENT ACT OF 2009
[See
Title 16 Chapter 97 -- The
SECTION
88. The title of Chapter 16-93 of the General Laws entitled "GENOCIDE
EDUCATION IN SECONDARY
SCHOOLS" is hereby amended to read as follows:
CHAPTER
16-93
Genocide
Education in Secondary Schools
CHAPTER
16-93
GENOCIDE
EDUCATION IN SECONDARY SCHOOLS
[See
Title 16 Chapter 97 -- The
SECTION
89. Section 16-93-3 of the General Laws in Chapter 16-93 entitled
"Genocide
Education in Secondary
Schools" is hereby amended to read as follows:
16-93-3. Powers
and duties. -- The state shall adhere to the following procedures:
(1) The
department of education shall make available on its website curriculum
materials
and such other materials as may assist local and
regional school committees in developing
instructional programs pursuant to this section. The
curriculum materials may include information
on relevant genocides, including the Holocaust,
SECTION
90. The title of Chapter 16-94 of the General Laws entitled "THE RHODE
ISLAND FAMILY ENGAGEMENT
ADVISORY COUNCIL" is hereby amended to read as
follows:
CHAPTER
16-94
The
CHAPTER
16-94
THE
[See
Title 16 Chapter 97 -- The
SECTION
91. The title of Chapter 16-95 of the General Laws entitled "THE
RECOVERY HIGH SCHOOLS ACT"
is hereby amended to read as follows:
CHAPTER
16-95
The
Recovery High Schools Act
CHAPTER
16-95
THE
RECOVERY HIGH SCHOOLS ACT
[See
Title 16 Chapter 97 -- The
SECTION
92. The title of Chapter 16-96 of the General Laws entitled "THE COLLEGE
AND CAREER SUCCESS FOR ALL
STUDENTS ACT" is hereby amended to read as follows:
CHAPTER
16-96
The
College and Career Success for All Students Act
CHAPTER
16-96
THE
COLLEGE AND CAREER SUCCESS FOR ALL STUDENTS ACT
[See
Title 16 Chapter 97 -- The
SECTION
93. The title of Chapter 16-98 of the General Laws entitled "ACCESS TO
ADVANCED PLACEMENT COURSES
FOR ALL STUDENTS ACT" is hereby amended to
read as follows:
CHAPTER
16-98
Access
to Advanced Placement Courses for All Students Act
CHAPTER
16-98
ACCESS
TO ADVANCED PLACEMENT COURSES FOR ALL STUDENTS ACT
[See
Title 16 Chapter 97 -- The
SECTION
94. Section 17-9.1-31 of the General Laws in Chapter 17-9.1 entitled
"Registration of
Voters" is hereby amended to read as follows:
17-9.1-31. Voter
registration advisory board. -- (a) The state board of elections shall
establish a voter registration advisory board,
subsequently referred to as the advisory board, to
assist in the drafting of regulations and the
monitoring of implementation of the National Voter
Registration Act of 1993, 42 U.S.C. section 1973gg et
seq., and to help recruit and train the
volunteer registrars. The advisory board shall issue
an annual report to the state board, governor,
and general assembly on its activities.
(b) The advisory board
shall consist of eighteen (18) members. The governor shall
appoint one member from the League of Women Voters,
one member of the Urban League, one
member of Common Cause, one member of Ocean State
Action, one member of the National
Association for the Advancement of Colored People, one
member of the R.I. Black Caucus of
State Legislators, and one representative of a state
employees' union. The speaker of the house
shall appoint two (2) members, not more than one from
the majority party. The president of the
senate shall appoint two (2) members, not more than one
from the majority party. In addition, the
following shall be members: the secretary of state or
her or his designee; the directors or their
designees of the division of motor vehicles, the
department of human services, the department of
health, and the department of behavioral
healthcare, developmental disabilities and hospitals
department of mental health, retardation, and
hospitals; and the chairpersons or
their designees of
the governor's commission on disabilities and the
governor's commission on Hispanic affairs. The
members shall annually elect a chairperson and other
officers as are necessary.
(c) Of the number of
members originally appointed under this section, one-third ( 1/3)
shall be appointed for a term of one year to be chosen
by lot; one-third ( 1/3) shall be appointed
for a term of two (2) years, to be chosen by lot; and
one-third ( 1/3) shall be appointed for a term
of three (3) years, to be chosen by lot. Thereafter,
vacancies created by expiration of terms shall
be filled with appointments for terms of three (3)
years. Members whose terms expire may be
reappointed to succeed themselves. The members of the
advisory board shall receive no
compensation for their services, but may, at the
discretion of the governor, be reimbursed for
traveling and other expenses actually incurred in the
performance of their official duties.
SECTION
95. Section 17-11-12.1 of the General Laws in Chapter 17-11 entitled
"Voting
Districts and
Officials" is hereby amended to read as follows:
17-11-12.1. High
school election officials. – (a) Notwithstanding any other
general law
to the contrary, and in order to provide for a greater
awareness of the elections process, the rights
and responsibilities of voters and the importance of
participating in the electoral process, as well
as to provide additional workers, an elections
official may appoint not more than five (5) students
per ward, and/or precinct to serve under the direct
supervision of ward, and/or precinct board
members designated by the elections official. A
student may be appointed, notwithstanding lack
of eligibility to vote, subject to the approval of the
educational institution in which the student is
enrolled, if the student possesses the following
qualifications:
(1) Is at least sixteen
(16) years of age at the time of the election to which he or she is
serving as a member of a ward, and/or precinct board.
(2) Is a
she is serving as a member of a ward, and/or precinct
board.
(3) Is a student in
good standing attending a public or private secondary educational
institution.
(4) Is a junior or
senior and has a grade point average of at least 2.5 on a 4.0 scale.
(c)(b) A
student appointed pursuant to this section may not be used to tally votes.
SECTION
96. Section 17-12.1-14 of the General Laws in Chapter 17-12.1 entitled
"Primaries for
Election of Delegates to National Conventions and for Presidential
Preference" is
hereby amended to read as
follows:
17-12.1-14.
Recount. -- (a) Upon application, the state board of elections
shall conduct a
recount for a presidential candidate or delegate for a
winning candidate when there is a two
hundred (200) or less vote difference between the
losing candidate or delegate and the winner.
Said recount shall be conducted by re-reading the
programmed memory device or devices and
comparing the results and totals obtained at such
recount with the results and totals obtained on
election night.
(b) The state
board shall have the authority to adopt rules and regulations to implement
and administer the provisions of this section.
SECTION
97. Section 17-19-39.1 of the General Laws in Chapter 17-19 entitled
"Conduct of Election
and Voting Equipment, and Supplies" is hereby amended to read as follows:
17-19-39.1. Voted
ballot storage and security. – (a) Voted computer ballots that
were
counted at the state board shall be stored in containers
by the state board until the expiration of
twenty-two (22) months from the date of election and
voted computer ballots that were voted and
packaged at a local precinct or counted at the local
board shall be held and stored in containers by
the local board in accordance with the regulations
promulgated by the state board until the
expiration of twenty-two (22) months from the date of
election. The voted ballots shall remain
stored in the appropriate containers unless ordered to
be opened by the state board or a court of
law. The computer file containing ballot layout
information and candidate totals shall be
transferred to a disk and retained permanently.
(b)
Notwithstanding the requirements of this section, the state board shall have the
authority to examine and inspect the voted ballots
subsequent to the certification of an election.
SECTION
98. Section 17-25.3-2 of the General Laws in Chapter 17-25.3 entitled
"Independent
Expenditures and Electioneering Communications" is hereby amended to read
as
follows:
17-25.3-2.
Optional use of separate campaign-related account by person, business
entity or political action committee for independent
expenditures, electioneering
communications, and covered transfers. -- (a)(1)(i) A
person, business entity or political action
committee may make disbursements for independent
expenditures, electioneering
communications, or covered transfers using amounts
from a bank account established and
controlled by the person, business entity or political
action committee to be known as the separate
campaign-related account (hereafter in this section
referred to as the "account"), which shall be
maintained separately from all other accounts of the
person, business entity or political action
committee and which shall consist exclusively of funds
that were paid directly to such account by
one or more person, business entity, or political
action committee other than the person, business
entity, or political action committee that controls the
account. A person, business entity, or
political action committee shall not make transfers
from its general treasury into an account
established under this section that such person,
business entity, or political action committee
controls.
(ii)(b)
Mandatory use of account after establishment. - If a person, business entity or
political action committee establishes an account
under this section, it may not make
disbursements for independent expenditures,
electioneering communications, or covered transfers
from any source other than amounts from the account.
(iii)(c)
Exclusive use of account for independent expenditures, electioneering
communications, and covered transfers. Amounts in the
account shall be used exclusively for
disbursements by the person, business entity or
political action committee for independent
expenditures, electioneering communications, or
covered transfers. After such disbursements are
made, information with respect to deposits made to the
account shall be disclosed in accordance
with subsection 17-25.3-1(f).
SECTION
99. Section 17-28-6 of the General Laws in Chapter 17-28 entitled "Address
Confidentiality for Victims
of Domestic Violence" is hereby amended to read as follows:
17-28-6.
Disclosure of address prohibited -- Exceptions. -- The secretary of
state may
not make a program participant's address, other than
the address designated by the secretary of
state, available for inspection or copying, except
under the following circumstances:
(a)(1) If
requested by a law enforcement agency, to the law enforcement agency;
(b)(2) If
directed by a court order, to a person identified in the order; and
(c)(3) If
certification has been canceled.
SECTION
100. Section 18-9.2-5 of the General Laws in Chapter 18-9.2 entitled
"Qualified
Dispositions in Trust" is hereby amended to read as follows:
18-9.2-5. Persons
not subject to qualified dispositions. -- Notwithstanding the
provisions of section 18-9.2-4, this chapter shall not
apply to defeat a claim brought by:
(a)(1)
Any person to whom the transferor is indebted on or before the date of a
qualified
disposition on account of an agreement or order of
court for the payment of support or alimony in
favor of the transferor's spouse, former spouse or
children, or for a division or distribution of
property in favor of the transferor's spouse or former
spouse, but only to the extent of the debt; or
(b)(2) To
any person who suffers death, personal injury, or property damage on or before
the date of a qualified disposition by a transferor,
which death, personal injury, or property
damage is at any time determined to have been caused
in whole or in part by the tortuous act or
omission of either the transferor or by another person
for whom the transferor is or was
vicariously liable but only to the extent of such
claim against such transferor or other person for
whom such transferor is or was vicariously liable.
SECTION
101. Section 37-2.2-2 of the General Laws in Chapter 37-2.2 entitled
"Disability Business
Enterprises" is hereby amended to read as follows:
37-2.2-2.
Definitions. -- As used in this chapter, the following words and
phrases shall
have the following meanings unless the context shall
indicate another or different meaning or
intent:
(1) "Persons with
disabilities" or "person with a disability" shall mean any
individual
who has a physical or mental impairment which
constitutes a substantial barrier to employment as
certified by the department of human services or
the department of behavioral healthcare,
developmental disabilities and hospitals.
(2) "Small
disadvantaged businesses owned and controlled by persons with disabilities
"
shall mean small business concern, which is at least fifty-one
percent (51%) owned by one or
more person(s) with disabilities or, in the case of a
publicly owned business, at least fifty-one
percent (51%) of the stock of which is owned by one or
more disabled person, whose
management and daily business operations are
controlled by one or more person(s) with
disabilities, and have fifty or fewer employees.
(3) "A physical or
mental impairment" shall mean any physiological disorder or
condition, cosmetic disfigurement, or anatomical loss affecting
one or more of the following body
systems: neurological; musculoskeletal; special sense
organs; respiratory, including speech
organs; cardiovascular; reproductive; digestive; genito-urinary; hemic and
lymphatic; skin; and
endocrine; or any mental psychological disorder, such
as mental retardation, organic brain
syndrome, emotional or mental illness, and specific
learning disabilities.
SECTION
102. This act shall take effect upon passage.
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LC01524/SUB A/2
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