2012 -- H 8012

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STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2012

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A N A C T

RELATING TO EDUCATION -- FOUNDATION LEVEL SCHOOL SUPPORT

     Introduced By: Representatives Brien, and Newberry

     Date Introduced: March 28, 2012

     Referred To: House Finance

It is enacted by the General Assembly as follows:

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     SECTION 1. Section 16-7-23 of the General Laws in Chapter 16-7 entitled "Foundation

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Level School Support" is hereby amended to read as follows:

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     16-7-23. Community requirements -- Adequate minimum budget provision. -- (a)

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The school committee's budget provisions of each community for current expenditures in each

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budget year shall provide for an amount from all sources sufficient to support the basic program

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and all other approved programs shared by the state. Each community shall contribute local funds

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to its school committee in an amount not less than its local contribution for schools in the

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previous fiscal year except to the extent permitted by section sections 16-7-23.1 and 16-7-23.2.

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Provided, that for the fiscal years 2010 and 2011 each community shall contribute to its school

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committee in an amount not less than ninety-five percent (95.0%) of its local contribution for

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schools for the fiscal year 2009. Calculation of the annual local contribution shall not include

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Medicaid revenues received by the municipality or district pursuant to chapter 8 of title 40. A

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community which has a decrease in enrollment may compute maintenance of effort on a per pupil

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rather than on an aggregate basis when determining its local contribution; furthermore, a

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community which experiences a nonrecurring expenditure for its schools may deduct the

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nonrecurring expenditure in computing its maintenance of effort. The deduction of nonrecurring

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expenditures shall be with the approval of the commissioner. The courts of this state shall enforce

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this section by writ of mandamus means of injunctive relief.

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      (b) Whenever any state funds are appropriated for educational purposes, the funds shall

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be used for educational purposes only and all state funds appropriated for educational purposes

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must be used to supplement any and all money allocated by a city or town for educational

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purposes and, in no event, shall state funds be used to supplant, directly or indirectly, any money

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allocated by a city or town for educational purposes. All state funds shall be appropriated by the

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municipality to the school committee for educational purposes in the same fiscal year in which

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they are appropriated at the state level even if the municipality has already adopted a school

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budget. All state and local funds unexpended by the end of the fiscal year of appropriation shall

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remain a surplus of the school committee and shall not revert to the municipality. Any surplus of

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state or local funds appropriated for educational purposes shall not in any respect affect the

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requirement that each community contribute local funds in an amount not less than its local

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contribution for schools in the previous fiscal year, subject to subsection (a) of this section, and

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shall not in any event be deducted from the amount of the local appropriation required to meet the

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maintenance of effort provision in any given year.

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     SECTION 2. Chapter 16-7 of the General Laws entitled "Foundation Level School

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Support" is hereby amended by adding thereto the following section:

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     16-7-23.2. School deficit reduction -- Maintenance of effort provision. – A city, town,

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or regional school district appropriating authority may appropriate supplemental funds to

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eliminate or reduce a school budget deficit. To the extent that such a supplemental appropriation

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represents payment of past annual expenditure, the payment shall not be used in the computation

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of the maintenance of effort requirements established by section 16-7-23.

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     SECTION 3. This act shall take effect upon passage.

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EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N A C T

RELATING TO EDUCATION -- FOUNDATION LEVEL SCHOOL SUPPORT

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     This act would provide that supplemental appropriations made by a city, town or regional

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school district appropriating authority for the payment of past annual expenditures would not be

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used in the computation of the maintenance of effort requirements established under section 16-7-

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23.

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     This act would take effect upon passage.

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