NOTES TO DECISIONS.-This section, under which textbooks may be lent for use in sectarian schools, does not violate the establishment of religion prohibitions of Art. 1, Sec. 3 of the Constitution of Rhode Island or the First Amendment of the U.S. Constitution. Bowerman v. O'Connor (1968), 104 RI 519, 247 A 2d 82.

Pupil Transportation

Health and Safety of Pupils (ch. 21).

SEC. 16-21-1. Transportation of public and private school pupils.—The school committee of any town shall provide suitable transportation to and from school for pupils attending public and private schools of elementary and high school grades, except such private schools as are operated for profit, who reside so far from the public or private school which the pupil attends as to make the pupil's regular attendance at school impractical and for any pupil whose regular attendance would otherwise be impracticable on account of physical disability or infirmity. [G.L., ch. 70, sec. 31, as enacted by P.L. 1925, ch. 587, sec. 1; P.L. 1937, ch. 2506, sec. 1; G.L. 1938, ch. 178, sec. 30; G.L. 1956, sec. 16-21-1; P.L. 1971, ch. 270, sec. 1.]

SEC. 16-21-2. Transportation of school pupils without town limits.-In the event that any such public or private schools are consolidated, regionalized, or otherwise established to serve residents of a specific area within the state the school committee of any town shall provide such transportation for pupils attending said schools who reside within the town and within the area served by such school notwithstanding the location of the school without the limits of the town if the pupils reside so far from the school that transportation to school is provided within the town for other pupils who reside as far from school. [G.L., ch. 70, sec. 31--1/2, as enacted by P.L. 1937, ch. 2506, sec. 2; G.L. 1938, ch. 178, sec. 31; G.L. 1956, sec. 16-21-2; P.L. 1971, ch. 270, sec. 1.]

Records and Reports

Rights and Duties of Teachers
Generally (ch. 12).

SEC. 16-12-4. Register of pupils; reports required by school authorities.— Every teacher in any public or private school shall keep a register of the names of all the scholars attending said school, their sex, age, names of parents or guardians, the time when each scholar enters and leaves the school, the daily attendance, together with the days of the month on which the school is visited by any officer connected with public schools, and shall prepare any report required by the school committee or department of education. [G.L. 1896, ch. 61, sec. 5; G.L. 1909, ch. 68, sec. 6; P.L. 1922, ch. 2234, sec. 13; G.L. 1923, ch. 71, sec. 6; G.L. 1938, ch. 180, sec. 6; impl. am. P.L. 1951, ch. 2752, sec. 21; G.L. 1956, sec. 16-12-4.]

Compiler's Note: See also APPROVAL/SUPERVISION/SUPPORT, Ch. 40, secs. 16-40-11 and 16-40-15.

Teacher Certification

Certification of Teachers (ch. 11).

SEC. 16-11-2. Examinations; issuance of certificates.-The state board of education shall hold, or cause to be held, in such places in different parts of the state, and at such times as it may determine, examinations for the position of teacher in the public schools of this state; and said board of education is hereby authorized to issue certificates of qualification which shall be valid throughout the state for the grade and time specified therein. [P.L. 1898, ch. 544, sec. 10; G.L. 1909, ch. 68, sec. 2; G.L. 1923, ch. 71, sec. 2; G.L. 1938, ch. 180, sec. 2; impl. am. P.L. 1951, ch. 2752, sec. 21; G.L. 1956, sec. 16-11-2.]

SEC. 16-11-3. Certificates without examination.-Said board of education may, in its discretion, issue certificates of qualification without examination

to persons who may present evidence of qualification and shall comply with the regulations of said board. [P.L. 1898, ch. 544, sec. 12; G.L. 1909, ch. 68, sec. 3; G.L. 1923, ch. 71, sec. 3; G.L. 1938, ch. 180, sec. 3; impl. am. P.L. 1951, ch. 2752, sec. 21.]

Teachers' Retirement (ch. 16).

SEC. 16-16-6. Credit for service in private schools; contributions.-In determining the creditable service of any teacher employed in any city or town for the purposes of retirement on a service retirement allowance only (not including a deferred retirement allowance), there may be added to, and included in, total service, as defined in this chapter, not more than five (5) years of service as a teacher or in a capacity essentially similar or equivalent to that of a teacher in any private school or institution in this state and in public schools in this state wherein the teacher was paid by funds of the United States government except such schools or institutions as are operated for profit; provided, however, that no such service shall count as creditable service if rendered within ten (10) years of retirement; and provided, further, that such service shall not be counted as creditable service unless the member shall pay into the retirement system a lump sum contribution of ten percent (10%) for each year, based on the salary of the member in effect at the date of application for such credit. The retirement board shall fix and determine the time when and the conditions under which such payments shall be made. Payments for the purpose of retirement credits under this section may be made by teachers who were teaching in Rhode Island as of June 30, 1970 not later than December 31, 1974. [P.L. 1948, ch. 2101, sec. 3; P.L. 1951, ch. 2830, sec. 6; G.L. 1956, sec. 16-16-6; P.L. 1963, ch. 189, sec. 1; P.L. 1967, ch. 158, sec. 1; P.L. 1970, ch. 112, art. 8, sec. 1; P.L. 1972, ch. 92, sec. 1.]

Health and Safety

Health and Safety of Pupils (ch. 21).

SEC. 16-21-4. Fire drills required.-It shall be the duty of the principal or other person in charge of every public school or private school or educational institution within the state, having more than twenty-five (25) pupils, to instruct and train the pupils by means of drills, so that they may in a sudden emergency be able to leave the school building in the shortest possible time and without confusion or panic. There shall be fifteen (15) such drills or rapid dismissals during the school year, at least eight (8) of which shall be held during the months of September, October and November. The remaining seven (7) such drills or rapid dismissals shall be held at the discretion of the principal or person in charge of such school. At least four (4) drills or rapid dismissals shall be obstructed by means of which at least one (1) or more exits and stairways in the school building are blocked off or not used and at least two (2) of such obstructed drills shall be held during the months of September and October.

Neglect by any principal or any person in charge of any public or private school or educational institution to comply with the provisions of this section shall be a misdemeanor punishable by a fine of not exceeding fifty dollars ($50.00). [G.L., ch. 68, secs. 9, 10, as enacted by P.L. 1912, ch. 797, sec. 1; G.L. 1923, ch. 71, secs. 9, 10; G.L. 1938, ch. 180, secs. 9, 10; G.L. 1956, sec. 16-21-4; P.L. 1959, ch. 132, sec. 1.]

SEC. 16-21-7. School health program.-All schools that are approved for the purpose of sections 16-19-1 and 16-19-2 shall have a school health program which shall be approved by the state director of the department of health and the state commissioner of education. The program shall provide for the organized direction and supervision of a healthful school environment, health education and services. No instruction in the characteristics, symptoms, and the treatment of disease shall be given to any child whose parent or guardian shall present a written statement signed by them stating that such instructions should not be given such child because of religious beliefs. [G.L., ch. 182, sec. 10, as enacted by P.L. 1949, ch. 2341, sec. 1; impl. am. P.L. 1951, ch. 2752, sec. 21; G.L. 1956, sec. 16-21-7; P.L. 1961, ch. 133, sec. 2.]

SEC. 16-21-15. Eye protective devices.-Every student and teacher in a public or private school, college, or university participating in any of the courses listed in subsections A and B hereof shall be required to wear approved eye protective devices at all times while participating in such courses or laboratories. Such devices shall be furnished by their respective schools, colleges and universities to all students, teachers, and visitors to such classrooms and laboratories.

(A) Vocational or industrial arts shops or laboratories involving experience with:

1. Hot molten metals;

2. Milling, sawing, turning, shaping, cutting, grinding, or stamping of any solid materials;

3. Heat treatment, tempering, or kiln firing of any metal or other materials; 4. Gas or electric arc welding;

5. Repair or servicing of any vehicle;

6. Caustic or explosive materials;

(B) Chemical or combined chemical-physical laboratories involving caustic or explosive chemicals or hot liquids or solids.

The director of labor shall promulgate regulations and standards assuring the use of devices which will protect the eyes of teachers, pupils and visitors against injury from foreign substances, and each public or private school, college and university shall, before furnishing eye protective devices, obtain approval of said devices from the director of labor. [G.L., sec. 16-21-15, as enacted by P.L. 1966, ch. 185, sec. 1.]

Offenses Pertaining to Schools (ch. 38).

SEC. 16-38-2. Immunization.-Every person upon first entering any public or private school in this state as a pupil shall furnish to the administrative head of such school evidence that such person has been immunized against such diseases as may from time to time be prescribed by regulation of the director of health and the commissioner of education, or a certificate from a licensed physician stating that such person is not a fit subject for immunization for medical reasons, or a certificate signed by the parent or guardian stating that such immunization is contrary to his beliefs. [G.L. 1896, ch. 65, sec. 14; G.L. 1909, ch. 73, sec. 10; P.L. 1915, ch. 1201, sec. 1; G.L. 1923, ch. 77, sec. 9; P.L. 1925, ch. 644, sec. 1; G.L. 1938, ch. 198, sec. 8; G.L. 1956, sec. 16-38-2; P.L. 1961, ch. 133, sec. 4; P.L. 1968, ch. 188, sec. 1; P.L. 1969, ch. 138, sec. 1.]

Federal Aid

Federal Aid (ch. 8).

SEC 16-8-3. Acceptance and administration of vocational education act of 1946.-The state of Rhode Island and Providence Plantations hereby accepts the provisions of an act passed by the senate and house of representatives of the United States of America in congress assembled, entitled "An act to amend the act of June 8, 1936, relating to vocational education, so as to provide for the further development of vocational education in the states and territories" approved August 1, 1946 and hereby designates the general treasurer as custodian for vocational education funds as required by said act of congress. The general treasurer shall receive and provide for the proper custody of money paid to the state from the general treasury under the provisions of said act of congress and shall disburse such money upon orders drawn by the state controller upon requisitions of the state board of vocational education. Said state board for vocational education shall have and shall exercise all powers necessary to cooperate, on behalf of the state of Rhode Island, with the federal office of education in the administration of the provisions of the said act of congress. [G.L., ch. 193, sec. 6, as enacted by P.L. 1948, ch. 2104, sec. 2; G.L. 1956, sec. 16-8-3.]

SEC. 16-8-7. School lunch programs; definition of terms. -For the purposes of sections 16-8-7 to 16-8-13, inclusive:

The term "school board" shall include city or town school committees or any

person or group responsible for the operation of a private or a parochial school.

The term "school" shall be construed to mean any educational institution operated on a nonprofit basis, having a graded course of instruction with prescribed standards for the completion of each grade, with compulsory class attendance, and records of class work regularly maintained. [P.L. 1947, ch. 1979, sec. 1; G.L. 1956, sec. 16-8-7.]

SEC. 16-8-8. Acceptance and use of federal school lunch funds. – The state department of education is hereby authorized to accept and direct the disbursement of funds appropriated by any act of congress and apportioned to the state in connection with the establishment and maintenance of school lunch programs. The state department of education shall deposit all such funds received from the federal government with the general treasurer, to be placed in a special account, and drawn upon only on receipt of properly authenticated vouchers signed by the department of education. [P.L. 1947, ch. 1979, sec. 2; impl. am. P.L. 1951, ch. 2752, sec. 21; G.L. 1956, sec. 16-8-8.]

SEC. 16-8-9. Administration of school lunch program. The state department of education may enter into such agreements, with any agency of the federal government, with any school board, or with any other agency or person, may prescribe such regulations, employ such personnel, and take such action, as it may deem necessary to provide for the establishment, maintenance, operation and expansion of any school lunch program, and to direct the disbursement of federal and state funds in accordance with existing provisions of the federal and state laws. The state department of education may give technical advice and assistance to any school board in connection with the establishment and operation of any school lunch program and may assist in training personnel engaged in the operation of such programs. The state department of education may accept any gift for use in connection with any school lunch program. [P.L. 1947, ch. 1979, sec. 3; G.L. 1956, sec. 16-8-9.] SEC. 16-8-10. Locally managed lunch programs. School boards may operate locally managed school lunch programs as part of the regular plan of local school administration and may use therefor funds disbursed under the terms of sections 16-8-7 to 16-8-13, inclusive, in addition to gifts and any other funds received from sale of school lunches under such a program. [P.L. 1947, ch. 1979, sec. 4; G.L. 1956, sec. 16-8-10.]

SEC. 16-8-11. Lunch program records and accounts; audits and inspections.-The state department of education shall prescribe regulations for the keeping of accounts and records and the making of reports by or under the supervision of school boards. Such accounts and records shall be available for inspection and audit by authorized agents of the federal government or by the department of education or its duly authorized agents. The state department of education shall conduct or cause to be conducted such audits, inspections and administrative reviews of accounts, records and operations with respect to school lunch programs as may be considered necessary to determine whether its agreements with school boards and regulations pursuant to sections 16-8-7 to 16-8-13, inclusive, are being complied with, and to insure that school lunch programs are effectively administered. [P.L. 1947, ch. 1979, sec. 5; impl. am. P.L. 1951, ch. 2752, sec. 21; G.L. 1956, sec. 16-8-11.]

Regional Vocational Schools (ch. 45).

SEC. 16-45-5. Acceptance and expenditure of federal funds.-The state board of education is designated as the agency of this state and shall have full and complete authority to cooperate with and enter into contracts and agreements with the federal government, its agency or instrumentality in all matters relating to the furtherance of the establishment of vocational and technological schools and the advancement of vocational and technological training programs and to perform such acts as may be necessary and to make application for, receive and expend in accordance with such requirements, terms, rules, regulations and conditions as may be established, any grants, grants-in-aid or funds authorized or appropriated by congress and made available for such purposes to the state board of education by the federal government or any agency or instrumentality thereof. The proceeds of grants or funds so received

shall be paid to the general treasurer who shall place the same in a special account which shall be utilized for the purposes of said grants; and the state controller is hereby authorized and directed to draw his orders upon the general treasurer for the payment of such sums or so much thereof as may be required from time to time upon receipt by him of properly authenticated vouchers. The state board of education may authorize any state officer or employee to act as agent of the federal government, as may be provided in any federal legislation within the purview of this chapter. [G.L., sec. 16-45-5, as enacted by P.L. 1964, ch. 8, sec. 1.]

Miscellaneous

Rights and Duties of Teachers Generally (ch. 12).

SEC. 16-12-3. Duty to cultivate principles of morality.-Every teacher shall aim to implant and cultivate in the minds of all children committed to his care the principles of morality and virtue. [G.L. 1896, ch. 61, sec. 7; G.L. 1909, ch. 68, sec. 8; G.L. 1923, ch. 71, sec. 8; G.L. 1938, ch. 180, sec. 8; G.L. 1956, sec. 16-12-3.]

CONSTITUTIONAL PROVISIONS

Public Aid For Nonpublic Schools

Finance and Taxation (art. 10)

SEC. 6. Credit of State; for what purposes county or township taxes levied or bonds issued.-The credit of the State shall not be pledged or loaned for the benefit of any individual, company, association or corporation; and the State shall not become a joint owner of or stockholder in any company, association or corporation. The General Assembly may, however, authorize the South Carolina Public Service Authority to become a joint owner with privately owned electric utilities, of electric generation or transmission facilities, or both, and to enter into and carry out agreements with respect to such jointly owned facilities. The General Assembly shall not have power to authorize any county or township to levy a tax or issue bonds for any purpose except for educational purposes, to build and repair public roads, buildings and bridges, to maintain and support prisoners, pay jurors, County officers, and for litigation, quarantine and court expenses and for ordinary County purposes, to support paupers, and pay past indebtedness: ***

Education (art. 11)

SEC. 4. Direct aid to religious or other private educational institutions prohibited. No money shall be paid from public funds nor shall the credit of the State or any of its political subdivisions be used for the direct benefit of any religious or other private educational institution. [1972 (57) 3193; 1973 (58) 44.]

Tax Exemptions For Nonpublic Schools

Finance and Taxation (art. 10).

SEC. 4. Property exempt from taxation.-There shall be exempted from taxation all county, township and municipal property used exclusively for public purposes and not for revenue, and the property of all schools, colleges and institutions of learning, all charitable institutions in the nature of asylums for the infirm, deaf and dumb, blind, idiotic and indigent persons, except where the profits of such institutions are applied to private uses; all public libraries, churches, parsonages and burying grounds; but property of associations and societies, although connected with charitable objects, shall not be exempt from State, county or municipal taxation: Provided, That as to real estate this exemption shall not extend beyond the buildings and premises actually occupied by such schools, colleges, institutions of learning, asylums, libraries, churches, parsonages and burial grounds, although connected with charitable objects.

Provided, further, the General Assembly may by act provide homestead tax exemptions. [1946 (44) 1745; 1947 (45) 136; 1970 (56) 2688; 1971 (57) 62, 103]

Miscellaneous

Legislative Department (art. 3).

SEC. 34. Special laws prohibited.-The General Assembly of this State shall not enact local or special laws concerning any of the following subjects or for any of the following purposes, to wit: * * *

III. To incorporate educational, religious, charitable, social, manufacturing or banking institutions not under the control of the State, or amend or extend the charters thereof. ***

XI. The provisions of this Section shall not apply to charitable and educational corporations where, under the terms of a gift, devise or will, special incorporation may be required. ***

Corporations (art. 9).

SEC. 2. Formation, organization and regulation, etc., of corporations.-The General Assembly shall provide by general law for the formation, organization, and regulation of corporations and shall prescribe their powers, rights, duties, and liabilities, including the powers, rights, duties, and liabilities of their officers and stockholders or members. [1970 (56) 2690; 1971 (57) 47.]

STATUTORY PROVISIONS

Education (title 21).

Approval/Supervision/Support

State Board of Education (ch. 3).

SEC. 21-45. General powers of Board.-The State Board of Education shall have the power to: * * *

(3) Adopt minimum standards for any phase of education as are considered necessary to aid in providing adequate educational opportunities and facilities. (4) Prescribe and enforce rules for the examination and certification of teachers.

(5) Grant State teachers' certificates and revoke them for immoral or unprofessional conduct, or evident unfitness for teaching. * * *

(10) Assume such other responsibilities and exercise such other powers and perform such other duties as may be assigned to it by law or as it may find necessary to aid in carrying out the purpose and objectives of the Constitution of the State. [1952 Code sec. 2145; 1942 Code sec. 5282; 1932 Code sec. 5289; Civ. C. '22 sec. 2549; Civ. C. '12 sec. 1708; Civ. C. '02 sec. 1184; 1896 (22) 150; 1914 (28) 450; 1915 (29) 188; 1923 (33) 147; 1927 (35) 354; 1928 (35) 1215; 1931 (37) 391; 1940 (41) 1763, 1886; 1947 (45) 55; 1963 (53) 512.]