2019 -- H 5449

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LC001377

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2019

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A N   A C T

RELATING TO EDUCATION - FOUNDATION LEVEL SCHOOL SUPPORT

     

     Introduced By: Representatives Jacquard, and Fogarty

     Date Introduced: February 14, 2019

     Referred To: House Municipal Government

     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. Each community

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shall contribute local funds to its school committee in an amount not less than its local

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contribution for schools in the previous fiscal year except to the extent permitted by §§ 16-7-23.1

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and 16-7-23.2. Provided, that for the fiscal years 2010 and 2011 each community shall contribute

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to its school committee in an amount not less than ninety-five percent (95.0%) of its local

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contribution for schools for the fiscal year 2009. Calculation of the annual local contribution shall

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not include Medicaid revenues received by the municipality or district pursuant to chapter 8 of

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title 40. A community that has a decrease in enrollment may compute maintenance of effort on a

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per-pupil rather than on an aggregate basis when determining its local contribution; furthermore,

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a community that experiences a nonrecurring expenditure for its schools may deduct the

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

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

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

 

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the books of any school district shall not be included in any school district's annual budget, nor

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shall nonrecurring debt service be included in maintenance of effort as set forth in this chapter,

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nor shall any nonrecurring debt service be included in the operating budget of any school district.

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For the purposes set forth above, nonrecurring capital lease payments shall be considered

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nonrecurring debt service. The courts of this state shall enforce this section by means of

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injunctive relief.

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     (b) Districts' annual maintenance expenditures must meet the requirements of subsection

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(b)(1), (b)(2), or (b)(3) of this section.

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     (1) A minimum of three percent (3%) of the operating budget shall be dedicated

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exclusively for maintenance expenditures as defined in § 16-7-36(7) provided that for FY 2019,

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that amount shall be one percent (1%), for FY 2020, that amount shall be one and one-half

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percent (1.5%), for FY 2021 that amount shall be two percent (2%), and for FY 2022 that amount

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shall be two and one-half percent (2.5%).

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     (2) A minimum of three percent (3%) of the replacement value shall be dedicated

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exclusively for maintenance expenditures as defined in § 16-7-36(7) provided that for FY 2019,

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that amount shall be one percent (1%), for FY 2020 that amount shall be one and one-half percent

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(1.5%), for FY 2021 that amount shall be two percent (2%), and for FY 2022 that amount shall be

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two and one-half percent (2.5%).

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     (3) A minimum of three dollars ($3.00), subject to inflation, per square foot of building

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space shall be dedicated exclusively for maintenance expenditures as defined in § 16-7-36(7).

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     (4) A city or town has the option to transfer responsibility and expenditures for school

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building maintenance to the municipal side of the local government; provided, that this shall not

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reduce any obligations imposed by this section or for maintenance of effort.

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     (c) The department of elementary and secondary education shall be responsible for

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establishing a reporting mechanism to ensure the intent of this section is being met. In the event

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that a district does not meet its minimum expenditure requirement in a given year, the state shall

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direct state housing aid paid pursuant to § 16-7-41 or § 16-105-5, in an amount equal to the

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shortfall, to a restricted fund created by the district and dedicated solely to meeting maintenance

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requirements.

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     (d) Whenever any state funds are appropriated for educational purposes, the funds shall

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

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

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

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allocated by a city or town for educational purposes. All state funds shall be appropriated by the

 

LC001377 - Page 2 of 4

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municipality to the school committee for educational purposes in the same fiscal year in which

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they are appropriated at the state level even if the municipality has already adopted a school

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budget. All state and local funds unexpended by the end of the fiscal year of appropriation shall

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remain a surplus of the school committee and shall not revert to the municipality. Any surplus of

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state or local funds appropriated for educational purposes shall not in any respect affect the

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requirement that each community contribute local funds in an amount not less than its local

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contribution for schools in the previous fiscal year, subject to subsection (a) of this section, and

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shall not in any event be deducted from the amount of the local appropriation required to meet the

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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 allow a city or town to transfer responsibility and expenditures for school

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building maintenance to the municipal side of the local government.

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     This act would take effect upon passage.

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