2015 -- H 6123

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2015

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A N   A C T

RELATING TO TOWNS AND CITIES -- LOW AND MODERATE INCOME HOUSING

     Introduced By: Representatives Morin, Carson, Phillips, Maldonado, and Casey

     Date Introduced: April 29, 2015

     Referred To: House Finance

     It is enacted by the General Assembly as follows:

     SECTION 1. Chapter 45-53 of the General Laws entitled "Low and Moderate Income

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

     45-53-10. Education aid to be indexed to achieving low and moderate income

housing levels. – (a) Effective January 1, 2016, a community's receipt of permanent foundation

education aid pursuant to chapter 7.2 of title 16 shall be indexed to a municipality's ability to

successfully meet its low and moderate income housing goals as provided for in this chapter, in

the following manner:

     (1) For purposes of this section, commencing on January 1, 2016, and for each successive

year thereafter, every community shall have a five (5) year period to meet the goal of ten percent

(10%) of the year-round units or, in the case of certain urban towns or cities, fifteen percent

(15%) of the occupied rental housing units as being low and moderate income housing, as

provided for in § 45-53-3. If a community's minimum percentage requirements of low or

moderate income housing are adjusted by statute, then the provisions of this section shall be

indexed and tied to those adjustments such that whether a community's education aid is increased

or decreased will be dependent upon the adjusted minimum amount of low and moderate income

housing that is required;

     (2) After the five (5) year period provided for in subsection (a)(1) of this section, and for

each year thereafter, any community that exceeds the required minimum goals identified in

subsection (a)(1) of this section for low and moderate income housing shall have its education aid

increased in a percentage amount equal to the percentage by which the community exceeds its

required minimum goals of ten percent (10%) or fifteen percent (15%) whichever is applicable.

Any community which receives an increase in education aid pursuant to the provisions of this

section shall be eligible to receive increases so long as the community maintains an amount of

low and moderate income housing in excess of the community’s statutory minimum

requirements.

     (3) The division of planning of the department of administration shall certify to the

general assembly on or before April 1 of each year as to the percentage and amount of low

income housing in a municipality as of the previous year, for purposes of implementing this

section.

     (b) As used herein:

     (1) The term "community" means the municipality or municipalities serviced by, a part

of, or in a given school district; and

     (2) The term "education aid" means the permanent foundation education aid received by

each school district established pursuant to the provisions of chapter 7.2 of title 16, "The

Education Equity and Property Tax Relief Act."

     SECTION 2. Section 16-7.2-3 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:

     16-7.2-3. Permanent foundation education aid established. -- (a) Beginning in the

2012 fiscal year, the following foundation education aid formula shall take effect. The foundation

education aid for each district shall be the sum of the core instruction amount in (a)(1) and the

amount to support high need students in (a)(2), which shall be multiplied by the district state

share ratio calculated pursuant to § 16-7.2-4 to determine the foundation aid.

      (1) The core instruction amount shall be an amount equal to a statewide per pupil core

instruction amount as established by the department of elementary and secondary education,

derived from the average of northeast regional expenditure data for the states of Rhode Island,

Massachusetts, Connecticut, and New Hampshire from the National Center for Education

Statistics (NCES) that will adequately fund the student instructional needs as described in the

basic education program and multiplied by the district average daily membership as defined in §

16-7-22. Expenditure data in the following categories: instruction and support services for

students, instruction, general administration, school administration and other support services

from the National Public Education Financial Survey as published by NCES and enrollment data

from the Common Core of Data also published by NCES will be used when determining the core

instruction amount. The core instruction amount will be updated annually. For the purpose of

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calculating this formula, school districts' resident average daily membership shall exclude charter

school and state-operated school students.

      (2) The amount to support high need students beyond the core instruction amount shall

be determined by multiplying a student success factor of forty percent (40%) by the core

instruction per pupil amount described in § 16-7.2-3(1) and applying that amount to all resident

children eligible for USDA reimbursable school meals.

      (b) LEAs may set aside a portion of funds received under subsection (a) to expand

learning opportunities such as after school and summer programs, full day kindergarten and/or

multiple pathway programs provided that the basic education program and all other approved

programs required in law are funded.

     (c) The provisions of § 45-33-10 shall be applied after the yearly amount of education aid

provided for under subsection (a) of this section is calculated.

     SECTION 3. This act shall take effect on January 1, 2016.

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EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N   A C T

RELATING TO TOWNS AND CITIES -- LOW AND MODERATE INCOME HOUSING

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     This act would provide for increases in the amount of foundation level school support

that a community would receive, based upon a community's ability to meet and surpass its

minimum low and moderate income housing requirements.

     This act would take effect on January 1, 2016.

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