2017 -- H 5749

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LC001776

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2017

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A N   A C T

     RELATING TO EDUCATION-FOUNDATION LEVEL SCHOOL SUPPORT

     

     Introduced By: Representatives Amore, Barros, Regunberg, Cunha, and Blazejewski

     Date Introduced: March 01, 2017

     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 [See Title 16 Chapter 97 - The Rhode Island Board Of Education Act]" is

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hereby amended to read as follows:

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     16-7-23. Community requirements -- Adequate minimum budget provision.

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     (a) The school committee's budget provisions of each community for current

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expenditures in each budget year shall provide for an amount from all sources sufficient to

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support the basic program and all other approved programs shared by the state. Effective in fiscal

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year 2018 and except to the extent permitted by §§16-7-23.1 and 16-7-23.2, Each each

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community shall contribute local funds to its school committee the greater of the following two

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(2) amounts:

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     (1) in an amount not less than its The local contribution for schools in the previous fiscal

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year except to the extent permitted by §§ 16-7-23.1 and 16-7-23.2. Provided, that for the fiscal

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years 2010 and 2011 each community shall contribute to its school committee in an amount not

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less than ninety-five percent (95.0%) of its increased in accordance with the CPI-U measure from

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the most recent state fiscal year; or

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     (2) The local contribution for schools for the fiscal year 2009 in the previous fiscal year

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increased on a per pupil basis for each additional pupil when average daily membership as

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defined in §16-7-16(2) increases by at least one percent (1%) for two (2) consecutive years.

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(b) Calculation of the annual local contribution shall not include Medicaid revenues

 

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received by the municipality or district pursuant to chapter 8 of title 40. A community which has

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a decrease in enrollment may compute maintenance of effort on a per pupil rather than on an

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aggregate basis when determining its local contribution but must still adjust its net contribution

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after the deduction for enrollment decline by the most recent state fiscal year CPI-U increase;.

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Furthermore, a community which experiences a nonrecurring expenditure for its schools may

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

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nonrecurring expenditures shall be with the approval of the commissioner. Provided, however,

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that notwithstanding any provision of this title to the contrary, debt service that is no longer

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carried on the books of any school district shall not be included in any school districts' annual

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budget, nor shall non-recurring debt service be included in maintenance of effort as set forth in

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this chapter, nor shall any non-recruiting nonrecurring debt service be included in the operating

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budget of any school district. For the purposes set forth above non-recurring capital lease

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payments shall be considered non-recurring debt service. The courts of this state shall enforce this

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section by means of injunctive relief.

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

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

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

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

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any money allocated by a city or town for educational purposes. All state funds shall be

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appropriated by the municipality to the school committee for educational purposes in the same

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fiscal year in which they are appropriated at the state level even if the municipality has already

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adopted a school budget. All state and local funds unexpended by the end of the fiscal year of

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appropriation shall remain a surplus of the school committee and shall not revert to the

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municipality. Any surplus of state or local funds appropriated for educational purposes shall not

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in any respect affect the requirement that each community contribute local funds in an amount not

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less than its local contribution for schools in the previous fiscal year, subject to determined by

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subsection (a) of this section, and shall not in any event be deducted from the amount of the local

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appropriation required to meet the maintenance of effort provision in any given year.

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     SECTION 2. 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 amend the maintenance of effort provisions to require that local aid be

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determined by the amount of the previous year's aid, plus inflation or the local contribution for

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schools for the previous fiscal year plus and increase on a per pupil basis for each additional pupil

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when average daily membership increases by at least one percent (1%) for two (2) consecutive

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years.

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     This act would take effect upon passage.

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