2018 -- S 2209

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LC003675

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2018

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A N   A C T

RELATING TO EDUCATION - THE EDUCATION EQUITY AND PROPERTY TAX RELIEF

ACT

     

     Introduced By: Senator Roger Picard

     Date Introduced: February 01, 2018

     Referred To: Senate Finance

     It is enacted by the General Assembly as follows:

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     SECTION 1. Section 16-7.2-6 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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     16-7.2-6. Categorical programs, state funded expenses.

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     In addition to the foundation education aid provided pursuant to § 16-7.2-3, the

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permanent foundation education-aid program shall provide direct state funding for:

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     (a) Excess costs associated with special education students. Excess costs are defined

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when an individual special education student's cost shall be deemed to be "extraordinary".

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Extraordinary costs are those educational costs that exceed the state-approved threshold based on

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an amount above five times the core foundation amount (total of core-instruction amount plus

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student success amount). The department of elementary and secondary education shall prorate the

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funds available for distribution among those eligible school districts if the total approved costs for

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which school districts are seeking reimbursement exceed the amount of funding appropriated in

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any fiscal year; and the department of elementary and secondary education shall also collect data

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on those educational costs that exceed the state-approved threshold based on an amount above

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two (2), three (3), and four (4) times the core-foundation amount;

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     (b) Career and technical education costs to help meet initial investment requirements

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needed to transform existing, or create new, comprehensive, career and technical education

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programs and career pathways in critical and emerging industries and to help offset the higher-

 

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than-average costs associated with facilities, equipment maintenance and repair, and supplies

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necessary for maintaining the quality of highly specialized programs that are a priority for the

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state. The department shall develop criteria for the purpose of allocating any and all career and

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technical education funds as may be determined by the general assembly on an annual basis. The

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department of elementary and secondary education shall prorate the funds available for

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distribution among those eligible school districts if the total approved costs for which school

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districts are seeking reimbursement exceed the amount of funding available in any fiscal year;

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     (c) Programs to increase access to voluntary, free, high-quality pre-kindergarten

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programs. The department shall recommend criteria for the purpose of allocating any and all early

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childhood program funds as may be determined by the general assembly;

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     (d) Central Falls, Davies, and the Met Center Stabilization Fund is established to ensure

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that appropriate funding is available to support their students. Additional support for Central Falls

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is needed due to concerns regarding the city's capacity to meet the local share of education costs.

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This fund requires that education aid calculated pursuant to § 16-7.2-3 and funding for costs

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outside the permanent foundation education-aid formula, including, but not limited to,

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transportation, facility maintenance, and retiree health benefits shall be shared between the state

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and the city of Central Falls. The fund shall be annually reviewed to determine the amount of the

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state and city appropriation. The state's share of this fund may be supported through a reallocation

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of current state appropriations to the Central Falls school district. At the end of the transition

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period defined in § 16-7.2-7, the municipality will continue its contribution pursuant to § 16-7-24.

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Additional support for the Davies and the Met Center is needed due to the costs associated with

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running a stand-alone high school offering both academic and career and technical coursework.

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The department shall recommend criteria for the purpose of allocating any and all stabilization

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funds as may be determined by the general assembly;

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     (e) Excess costs associated with transporting students to out-of-district non-public

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schools. This fund will provide state funding for the costs associated with transporting students to

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out-of-district non-public schools, pursuant to chapter 21.1 of title 16. The state will assume the

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costs of non-public out-of-district transportation for those districts participating in the statewide

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system. The department of elementary and secondary education shall prorate the funds available

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for distribution among those eligible school districts if the total approved costs for which school

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districts are seeking reimbursement exceed the amount of funding available in any fiscal year;

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     (f) Excess costs associated with transporting students within regional school districts.

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This fund will provide direct state funding for the excess costs associated with transporting

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students within regional school districts, established pursuant to chapter 3 of title 16. This fund

 

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requires that the state and regional school district share equally the student transportation costs

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net any federal sources of revenue for these expenditures. The department of elementary and

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secondary education shall prorate the funds available for distribution among those eligible school

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districts if the total approved costs for which school districts are seeking reimbursement exceed

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the amount of funding available in any fiscal year;

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     (g) Public school districts that are regionalized shall be eligible for a regionalization

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bonus as set forth below:

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     (1) As used herein, the term "regionalized" shall be deemed to refer to a regional school

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district established under the provisions of chapter 3 of title 16, including the Chariho Regional

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School district;

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     (2) For those districts that are regionalized as of July 1, 2010, the regionalization bonus

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shall commence in FY 2012. For those districts that regionalize after July 1, 2010, the

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regionalization bonus shall commence in the first fiscal year following the establishment of a

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regionalized school district as set forth in chapter 3 of title 16, including the Chariho Regional

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School District;

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     (3) The regionalization bonus in the first fiscal year shall be two percent (2.0%) of the

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state's share of the foundation education aid for the regionalized district as calculated pursuant to

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§§ 16-7.2-3 and 16-7.2-4 in that fiscal year;

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     (4) The regionalization bonus in the second fiscal year shall be one percent (1.0%) of the

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state's share of the foundation education aid for the regionalized district as calculated pursuant to

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§§ 16-7.2-3 and 16-7.2-4 in that fiscal year;

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     (5) The regionalization bonus shall cease in the third fiscal year;

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     (6) The regionalization bonus for the Chariho regional school district shall be applied to

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the state share of the permanent foundation education aid for the member towns; and

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     (7) The department of elementary and secondary education shall prorate the funds

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available for distribution among those eligible regionalized school districts if the total, approved

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costs for which regionalized school districts are seeking a regionalization bonus exceed the

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amount of funding appropriated in any fiscal year.

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     (h) Additional state support for English learners (EL). The amount to support EL students

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shall be determined by multiplying an EL factor of ten percent (10%) by the core-instruction per-

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pupil amount defined in § 16-7.2-3(a)(1) and applying that amount of additional state support to

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EL students identified using widely adopted, independent standards and assessments identified by

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the commissioner. All categorical funds distributed pursuant to this subsection must be used to

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provide high-quality, research-based services to EL students and managed in accordance with

 

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requirements set forth by the commissioner of elementary and secondary education. The

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department of elementary and secondary education shall collect performance reports from

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districts and approve the use of funds prior to expenditure. The department of elementary and

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secondary education shall ensure the funds are aligned to activities that are innovative and

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expansive and not utilized for activities the district is currently funding. The department of

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elementary and secondary education shall prorate the funds available for distribution among

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eligible recipients if the total calculated costs exceed the amount of funding available in any fiscal

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year; and

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     (i) Categorical programs defined in (a) through (g) shall be funded pursuant to the

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transition plan in § 16-7.2-7.

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     (j) Expenditures for services and instructional programs for students residing in

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conventional public housing units owned by public housing authorities which are not on local tax

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rolls. Payments shall be made when the services and programs have been carried out in

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accordance with the requirements of state law and regulations of the state board of education.

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     (1) The following terms shall have the following meanings:

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     (i) "Conventional public housing" means those properties identified as eligible low rent

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housing projects under title I of Pub. L. 81-874, 20 U.S.C. 236 et seq.

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

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formula.

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     (iii) "State share ratio" means the state share ratio as calculated under § 16-7.2-4.

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     (2) The incentive entitlement for a district shall be the product of the average per pupil

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cost for the district based upon the Uniform Chart of Accounts, the number of full-time

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equivalent pupils in grade twelve (12) and below residing in conventional public housing, and the

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state share ratio for the district.

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     (3) The department of elementary and secondary education shall prorate the funds

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available for distribution among those eligible school districts if the total approved costs for

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which school districts are seeking reimbursements exceed the amount of funding appropriated in

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any fiscal year.

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     SECTION 2. Section 16-7-34.3 of the General Laws in Chapter 16-7 entitled

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"Foundation Level School Support [See Title 16 Chapter 97 - The Rhode Island Board Of

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Education Act]" is hereby repealed.

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     16-7-34.3. Reimbursement by the state for conventional public housing students.

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     (a) Each school district shall be reimbursed for expenditures for services and instructional

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programs for students residing in conventional public housing units owned by public housing

 

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authorities which are not on local tax rolls. Reimbursement shall be made when the services and

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programs have been carried out in accordance with the requirements of state law and regulations

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of the board of regents for elementary and secondary education. The following formula shall be

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used to distribute aid for the students residing in the public housing units:

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     (1) (i) The following formula and definitions are to be used to determine the entitlement

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for each school district:

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     (ii) The incentive entitlement for a district shall be the product of the average per pupil

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cost for the district, the number of full time equivalent pupils in grade 12 and below residing in

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conventional public housing, and the state share ratio for the district.

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     (2) In this formula the following terms have the following meanings:

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

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formula.

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     (ii) "Average per pupil costs for the district" means all expenditures approved by the state

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board of regents for elementary and secondary education as defined in § 16-7-20 plus the costs of

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special education required under chapter 24 of this title divided by average daily membership of

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pupils as determined in § 16-7-22(1).

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     (iii) "State share ratio" means the effective state share ratio as calculated under § 16-7-20.

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     (iv) "Conventional public housing" means those properties identified as eligible low rent

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housing projects under title I of P.L. 81-874, 20 U.S.C. § 236 et seq.

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     (b) Students living on property owned by the Rhode Island resource recovery corporation

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shall also be included in computations under this section.

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     (c) Students living in the North Kingstown Traveler's Aid housing project shall also be

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included in computations under this section.

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     (d) An amount shall be appropriated for the purpose of reimbursing school districts as

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required pursuant to subsection (a) for conventional public housing.

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     (e) If the sum appropriated in subsection (a) of this section is not sufficient to pay in full

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the amount for conventional public housing which each city and town is entitled to receive in any

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fiscal year, the maximum amount which all cities and towns are entitled to receive under this

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section shall be deducted from the sum appropriated for all cities and towns under § 16-7-20. If,

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after final allocation of §§ 16-7-15 through 16-7-34, a district receives more than one hundred

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percent (100%) reimbursement, the excess shall be deducted from this conventional public

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housing allocation in the following fiscal year.

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     (f) Reimbursement payments as calculated under this chapter shall be made according to

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§ 16-7-16. All payments under this chapter shall be used exclusively to support services for

 

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conventional public housing students.

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     (g) Expenditure reports shall be submitted by the local school districts to the

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commissioner of elementary and secondary education in accordance with rules and regulations of

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the board of regents for elementary and secondary education.

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     SECTION 3. 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 - THE EDUCATION EQUITY AND PROPERTY TAX RELIEF

ACT

***

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     This act would delete the provisions of § 16-7-34.3 regarding reimbursement by the state

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for conventional public housing students, and would add similar language to §16-7.2-6 providing

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permanent foundation education aid funding for services and instructional services for students

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residing in conventional public housing units.

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     This act would take effect upon passage.

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