2014 -- S 2791 SUBSTITUTE A

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2014

____________

A N   A C T

RELATING TO EDUCATION - AVERAGE DAILY MEMBERSHIP - SCHOOL

POPULATION

     Introduced By: Senators Gallo, McCaffrey, Felag, Miller, and Lynch

     Date Introduced: March 25, 2014

     Referred To: Senate Education

     It is enacted by the General Assembly as follows:

     SECTION 1. Section 16-7-22 of the General Laws in Chapter 16-7 entitled "Foundation

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

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

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

provisions:

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

school districts shall exclude charter school and state school students, and beginning in school

year 2014-2015, include an estimate to ensure that districts converting from a half-day to a full-

day kindergarten program pursuant to section §16-99-4 are, credited on a full-time basis

beginning in the first year of enrollment. and are funded notwithstanding the transition plan

pursuant to § 16-7.2-7.

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

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

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

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

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

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

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

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

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

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

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

section.

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

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

     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 section §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 section §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 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

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.

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

the 2014-2015 school year and after, as defined by § 16-99-4, the increase in aid provided

pursuant to the formula for the increased reference average daily membership due to the

conversion of the kindergarten students from 0.5 full-time equivalent to 1.0 full-time equivalent is

not subject to the transition plan in subsection (a); instead, the increased kindergarten full-time

equivalents will be funded at the fully transitioned value of the formula beginning in FY 2017.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

implementation of new curriculum, and any other necessary expenses associated with each

school's implementation of a full-day kindergarten program. Funds will be appropriated Ranking

shall be based upon criteria established by the commissioner of elementary and secondary

education to ensure the quality and sustainability of the full-day kindergarten programs

implemented.

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

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

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

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

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

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

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

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

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

thousand (4,000).

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

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

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

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

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

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

five (5) years.

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

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

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

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

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

     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

***

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

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

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

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

     This act would take effect upon passage.

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