2014 -- H 8219

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LC005701

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2014

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A N   A C T

RELATING TO EDUCATION - AVERAGE DAILY MEMBERSHIP - SCHOOL

POPULATION

     

     Introduced By: Representatives Jacquard, McNamara, Hearn, and Nunes

     Date Introduced: May 21, 2014

     Referred To: House Finance

     It is enacted by the General Assembly as follows:

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     SECTION 1. Section 16-7-22 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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     16-7-22. Determination of average daily membership. -- Each community shall be

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paid pursuant to the provisions of section 16-7-17 an amount based upon the following

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provisions:

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      (1) On or before September 1 of each year the average daily membership of each city

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and town for the reference year shall be determined by the commissioner of elementary and

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secondary education from data supplied by the school committee in each community in the

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following manner: The aggregate number of days of membership of all pupils enrolled full time

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in grade twelve (12) and below, except that pupils below grade one who are not full time shall be

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counted on a full time equivalent basis: (i) increased by the aggregate number of days of

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membership of pupils residing in the particular city or town whose tuition in schools approved by

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the department of elementary and secondary education in other cities and towns is paid by the

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particular city or town; and (ii) decreased by the aggregate number of days of membership of

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nonresident pupils enrolled in the public schools of the particular city or town and further

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decreased by the aggregate number of days of membership equal to the number of group home

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beds calculated for the purposes of reimbursement pursuant to section 14-64-1.1; and (iii)

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decreased further, in the case of a city or town which is a member of a regional school district

 

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during the first year of operation of the regional school district, by the aggregate number of days

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of membership of pupils residing in the city or town who would have attended the public schools

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in the regional school district if the regional school district had been operating during the

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previous year, divided by the number of days during which the schools were officially in session

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during the reference year. The resulting figures shall be the average daily membership for the city

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or town for the reference year. For purposes of calculating the permanent foundation education

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aid as described in section 16-7.2-3(1) and (2), the average daily membership for school districts

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shall exclude charter school and state school students, and beginning in school year 2014-2015,

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include an estimate to ensure that districts converting from a half-day to a full-day kindergarten

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program pursuant to section 16-99-4 are, credited on a full-time basis beginning in the first year

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of enrollment. and are funded notwithstanding the transition plan pursuant to § 16-7.2-7.

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      (2) The average daily membership of pupils attending public schools shall apply for the

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purposes of determining the percentage of the state's share under the provisions of sections 16-7-

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16(3), 16-7-16(10), 16-7-18, 16-7-19, 16-7-20, 16-7-21 and 16-7.2-4.

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      (3) In the case of regional school districts, the aggregate number of days of membership

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by which each city or town is decreased in subdivision (1)(iii) of this section divided by the

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number of days during which the schools attended by the pupils were officially in session shall

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determine the average daily membership for the regional school district during the first year of

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operation. After the first year of operation, the average daily membership of each regional school

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district, except the Chariho regional high school district, shall be determined by the commissioner

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of elementary and secondary education from data supplied by the school committee of each

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regional school district for the reference year in the manner provided in subdivision (1) of this

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section.

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     SECTION 2. Section 16-7.2-7 of the General Laws in Chapter 16-7.2 entitled "The

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Education Equity and Property Tax Relief Act" is hereby amended to read as follows:

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     16-7.2-7. Transition plan. -- (a) The general assembly, shall annually determine the

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appropriation of education aid pursuant to this chapter using a transition plan to begin in fiscal

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year 2012, not to exceed seven (7) years for LEA's for whom the calculated education aid

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pursuant to section 16-7.2-3 is more than the education aid the LEA is receiving as of the

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effective date of the formula, and ten (10) years for LEA's for whom the calculated education aid

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pursuant to section 16-7.2-3 is less than the education aid the LEA is receiving as of the effective

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date of the formula.

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      (b) The local share of funding pursuant to section 16-7.2-5 shall be transitioned

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proportionately over a period not to exceed five (5) years. The transition shall provide a

 

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combination of direct aid to districts, funds for the categorical programs, and district savings

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through state-assumed costs, as determined by the general assembly on an annual basis, Updates

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to any components of the permanent foundation education aid formula, such as student data,

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property values, and/or median family income, that result in an increase or decrease in state

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education aid that impacts the total state and local contribution by more than three percent (3%)

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shall be transitioned over a period of time not to exceed three (3) years.

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     (c) For districts that are converting from a half-day to a full-day kindergarten program, as

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defined by § 16-99-4, the increase in aid provided pursuant to the formula for the increased

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reference average daily membership due to the conversion of the kindergarten students from 0.5

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full-time equivalent to 1.0 full-time equivalent is not subject to the transition plan in subsection

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(a); instead, the increased kindergarten full-time equivalents will be funded at the fully

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transitioned value of the formula.

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     SECTION 3. Section 16-99-4 of the General Laws in Chapter 16-99 entitled "Full-Day

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Kindergarten Accessibility Act" is hereby amended to read as follows:

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     16-99-4. Eligible school districts; funding. -- (a) A school district shall be eligible to

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request funding pursuant to subsection 16-99-4(b), if:

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      (1) The school district is a public school district; and

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      (2) The school district operates a half-day kindergarten program as of September 1,

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2012, but not a full-day kindergarten, as defined herein, serving more than one-half of the

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kindergarten students in the district as determined on a headcount basis.

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      (b) Subject to appropriation, beginning with school year 2013-2014, the commissioner of

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elementary and secondary education shall rank and approve up to four (4) eligible public school

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districts per year to that voluntarily implement a full-day kindergarten program as defined herein.

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The aforementioned school district shall receive funding to offset a portion of the reasonable one-

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time, start-up costs including, but not limited to, desks, books, facility upgrades, ancillary costs

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associated with relocation of students, costs associated with the development and implementation

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of new curriculum, and any other necessary expenses associated with each school's

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implementation of a full-day kindergarten program. Funds will be appropriated Ranking shall be

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based upon criteria established by the commissioner of elementary and secondary education to

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ensure the quality and sustainability of the full-day kindergarten programs implemented.

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      (c) If more than four (4) eligible school districts apply in one year, or if the appropriation

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does not support four (4) eligible districts, the commissioner of elementary and secondary

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education shall determine which districts shall access the available funds for start-up costs. In

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ranking the school districts' proposals, The the commissioner's commissioner decision shall

 

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consider the quality and sustainability of the program and the average number of children eligible

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for USDA reimbursable school meals served by the respective district's elementary schools with

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priority given to school districts with enrollment greater than eight thousand (8,000). The

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commissioner may consider the school district's plan to house the kindergarten enrollment,

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implement a quality full-day program. If no school district has enrollment greater than eight

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thousand (8,000) then priority shall be given to school districts with enrollment greater than four

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thousand (4,000).

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     (c) The commissioner shall fully fund all eligible expenditures of each district in rank

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order. If a district's proposal cannot be fully funded, the district may either accept the available

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funding for the project or refuse funding. If funding is refused, the commissioner shall fund the

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next eligible school district's request based on the aforementioned ranking.

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      (d) School districts receiving funds pursuant to this chapter must operate only a full-day

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program, no half-day programs. The full-day kindergarten program must continue to operate for

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five (5) years.

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      (e) All funding provided under this section is subject to appropriation.

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      (f) Notwithstanding the provisions of subsection (d), school districts who request

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funding pursuant to this chapter may be allowed to phase-in the implementation of a full-day

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kindergarten program, provided that the district provides the department of elementary and

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secondary education with a schedule and plan as to the implementation of such program.

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     SECTION 4. 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 - AVERAGE DAILY MEMBERSHIP - SCHOOL

POPULATION

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     This act would prioritize the awarding of state aid for the implementation of full-day

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kindergarten programs. The commissioner of elementary and secondary education would rank all

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eligible school districts. Ranking would be based on the quality and sustainability of each

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program. Districts with eight thousand (8000) or more students would be given priority.

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     This act would take effect upon passage.

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