2018 -- H 7904

========

LC005059

========

     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2018

____________

A N   A C T

     RELATING TO EDUCATION -- FOUNDATION LEVEL SCHOOL SUPPORT

     Introduced By: Representative Kenneth A. Marshall

     Date Introduced: February 28, 2018

     Referred To: House Finance

     It is enacted by the General Assembly as follows:

     SECTION 1. Sections 16-7-16 and 16-7-36 of the General Laws in Chapter 16-7 entitled

"Foundation Level School Support " are hereby amended to read as follows:

     16-7-16. Definitions.

     The following words and phrases used in §§ 16-7-15 to 16-7-34 have the following

meanings:

     (1) "Adjusted equalized weighted assessed valuation" means the equalized weighted

assessed valuation of a community as determined by the department of revenue or as apportioned

by the commissioner pursuant to the provisions of § 16-7-21;

     (2) "Average daily membership" means the average number of pupils in a community

during a school year as determined pursuant to the provisions of § 16-7-22, less any students who

are served in a program operated by the state and funded through the permanent foundation

education aid formula pursuant to chapter 16-7.2;

     (3) "Basic education program" means the cost of education of resident pupils in grades

twelve (12) and below in average daily membership for the reference year as determined by the

mandated minimum program level;

     (4) "Certified personnel" means all persons who are required to hold certificates issued by

or under the authority of the board of regents for elementary and secondary education;

     (5) "Community" means any city, town, or regional school district established pursuant to

law and/or the department of children, youth, and families; provided, however, that the

department of children, youth, and families shall not have those administrative responsibilities

and obligations as set forth in chapter 2 of this title; provided, however, that the member towns of

the Chariho regional high school district, created by P.L. 1958, chapter 55 as amended, and

effective for the 2018-2019 fiscal year and thereafter, any regional school district established

pursuant to law, shall constitute separate and individual communities for the purpose of

determining and distributing the foundation level school support including state aid for noncapital

excess expenses for the special education of children with disabilities provided for in § 16-24-6

for all grades financed in whole or in part by the towns irrespective of any regionalization and

any school operated by the state department of elementary and secondary education;

     (6) "Department of children, youth, and families" means that department created pursuant

to chapter 72 of title 42. For purposes of this section, §§ 16-7-20, 16-24-2, and 42-72-5(b)(22),

"children" means those children who are placed, assigned, or otherwise accommodated for

residence by the department of children, youth, and families in a state operated or supported

community residence licensed by a state agency and the residence operates an educational

program approved by the department of elementary and secondary education;

     (7) "Equalized weighted assessed valuation" means the equalized weighted assessed

valuation for a community as determined by the division of property valuation pursuant to the

provisions of § 16-7-21;

     (8) "Full time equivalency students" means the time spent in a particular activity divided

by the amount of time in a normal school day;

     (9) "Incentive entitlement" means the sum payable to a local school district under the

formula used;

     (10) "Mandated minimum program level" means the amount that shall be spent by a

community for every pupil in average daily membership as determined pursuant to the provisions

of § 16-7-18;

     (11) "Reference year" means the next year prior to the school year immediately preceding

that in which the aid is to be paid. For the purposes of calculating the permanent foundation

education formula aid as described in § 16-7.2-3, the reference date shall be one year prior to the

year in which aid is paid; and

     (12) "Regularly employed" and "service" as applied to certified personnel have the same

meaning as defined in chapter 16 of this title.

     (13) "Taxing regional school district" means a regional school district which has the

authority once ratified by member cities and towns annually to levy and collect educational taxes

upon property located within the municipalities served by the regional school district. All such

LC005059 - Page 2 of 4

educational taxes collected by member cities and towns would be distributed and used by the

regional school district for the education of students in the district. All regional school districts in

effect and operative as a regional school district as of July 1, 2018, shall be enabled to be a taxing

regional school district, with oversight and ratification of an annual budget by member cities and

towns.

     16-7-36. Definitions.

     The following words and phrases used in §§ 16-7-35 to 16-7-47 have the following

meanings:

     (1) "Adjusted equalized weighted assessed valuation" means the equalized weighted

assessed valuation for a community as determined by the division of property valuation within the

department of revenue in accordance with § 16-7-21; provided, however, that in the case of a

regional school district the commissioner of elementary and secondary education shall apportion

the adjusted equalized weighted assessed valuation of the member cities or towns among the

regional school district and the member cities or towns according to the proportion that the

number of pupils of the regional school district bears to the number of pupils of the member cities

or towns.

     (2) "Approved project" means a project which has complied with the administrative

regulations governing §§ 16-7-35 through 16-7-47, and which has been authorized to receive state

school housing reimbursement by the commissioner of elementary and secondary education.

     (3) "Community" means any city, town, or regional school district established pursuant to

law; provided, however, that the member towns of the Chariho regional high school district,

created by P.L. 1958, ch. 55, as amended, and effective for the 2018-2019 fiscal year and

thereafter, any regional school district established pursuant to law, shall constitute separate and

individual communities for the purposes of distributing the foundation level school support for

school housing for all grades financed in whole or in part by the towns irrespective of any

regionalization. "Community" shall also mean and include a taxing regional school district as

defined in § 16-7-16.

     (4) "Reference year" means the year next prior to the school year immediately preceding

that in which aid is to be paid.

     SECTION 2. This act shall take effect upon passage and be effective for the 2018-2019

fiscal year and thereafter.

========

LC005059

========

LC005059 - Page 3 of 4

EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N   A C T

     RELATING TO EDUCATION -- FOUNDATION LEVEL SCHOOL SUPPORT

***

     This act would enable all regional school districts in effect as of July 1, 2018, as taxing

regional school districts, with authority to levy and collect property taxes from member cities and

towns for educational purposes upon property located within the municipalities served by the

regional school district upon authorization and ratification of the annual budget request by

member cities and towns.

     This act would take effect upon passage and be effective for the 2018-2019 fiscal year

and thereafter.

========

LC005059

========

LC005059 - Page 4 of 4