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     ARTICLE 10

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RELATING TO EDUCATION

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     SECTION 1. Sections 16-7.2-3 and 16-7.2-6 of the General Laws in Chapter 16-7.2 entitled

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"The Education Equity and Property Tax Relief Act" is hereby amended as follows:

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     16-7.2-3. Permanent foundation education aid established.

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     (a) Beginning in the 2012 fiscal year, the following foundation education-aid formula shall

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take effect. The foundation education aid for each district shall be the sum of the core instruction

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amount in subdivision (a)(1) and the amount to support high-need students in subdivision (a)(2),

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which shall be multiplied by the district state-share ratio calculated pursuant to § 16-7.2-4 to

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determine the foundation aid.

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

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

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

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

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

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program and multiplied by the district average daily membership as defined in § 16-7-22.

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Expenditure data in the following categories: instruction and support services for students,

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instruction, general administration, school administration, and other support services from the

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

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

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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

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school and state-operated school students.

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

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

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per-pupil amount described in subdivision (a)(1) and applying that amount for each resident child

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whose family income is at or below one hundred eighty-five percent (185%) of federal poverty

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guidelines, hereinafter referred to as "poverty status."

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     (b) The department of elementary and secondary education shall provide an estimate of the

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foundation education aid cost as part of its budget submission pursuant to § 35-3-4. The estimate

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shall include the most recent data available as well as an adjustment for average daily membership

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growth or decline based on the prior year experience.

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     (c) In addition, the department shall report updated figures based on the average daily

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membership as of October 1 by December 1.

 

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     (d) Beginning in the 2021 fiscal year, the department of elementary and secondary

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education shall include the number of students enrolled in RI Pre-K classrooms approved by the

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department in the average daily membership.

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     (d)(e) Local education agencies may set aside a portion of funds received under subsection

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(a) to expand learning opportunities such as after school and summer programs, full-day

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kindergarten and/or multiple pathway programs, provided that the basic education program and all

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other approved programs required in law are funded.

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     (e)(f) The department of elementary and secondary education shall promulgate such

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regulations as are necessary to implement fully the purposes of this chapter.

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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 permanent

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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 when

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

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

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

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amount). 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 appropriated in any fiscal year;

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and the department of elementary and secondary education shall also collect data on those

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educational costs that exceed the state-approved threshold based on an amount above two (2), three

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(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 state.

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

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

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

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those eligible school districts if the total approved costs for which school districts are seeking

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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 programs.

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

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program funds as may be determined by the general assembly consistent with chapter 16-87;

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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 outside

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

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

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

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

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appropriations to the Central Falls school district. At the end of the transition period defined in §

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16-7.2-7, the municipality will continue its contribution pursuant to § 16-7-24. Additional support

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for the Davies and the Met Center is needed due to the costs associated with running a stand-alone

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high school offering both academic and career and technical coursework. The department shall

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recommend criteria for the purpose of allocating any and all stabilization funds as may be

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determined by the general assembly;

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

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This fund will provide state funding for the costs associated with transporting students to out-of-

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

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

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

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

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within regional school districts, established pursuant to chapter 3 of this title. This fund requires

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

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

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

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

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of funding available in any fiscal year;

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

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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 this title, 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 this title, 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 available

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

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which regionalized school districts are seeking a regionalization bonus exceed the amount of

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funding appropriated in any fiscal year;

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     (h) Additional state support for English learners (EL) multilingual learners (MLL). The

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amount to support EL multilingual students shall be determined by multiplying an EL MLL factor

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of ten percent (10%) by the core-instruction per-pupil amount defined in § 16-7.2-3(a)(1) and

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applying that amount of additional state support to EL multilingual students identified using widely

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adopted, independent standards and assessments identified by the commissioner. All categorical

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funds distributed pursuant to this subsection must be used to provide high-quality, research-based

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services to EL multilingual students and managed in accordance with requirements set forth by the

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commissioner of elementary and secondary education. The department of elementary and

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secondary education shall collect performance reports from districts and approve the use of funds

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prior to expenditure. The department of elementary and secondary education shall ensure the funds

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are aligned to activities that are innovative and expansive and not utilized for activities the district

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is currently funding are utilized for:

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     (1) Increasing the number of new bilingual classrooms and programs;

 

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     (2) Increasing capacity of multilingual educators and English to Speakers of Other

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Languages (ESOL) certified educators;

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     (3) Continuous training to retain multilingual and ESOL certified educators;

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     (4) Increasing the knowledge and capacity of building administrators about MLL students

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to better support them;

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     (5) Provide training for general education teachers to become certified in ESOL; and

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     (6) Provide training for instructional coaches and personnel supporting differently-abled

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students to serve multilingual students.

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

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distribution among eligible recipients if the total calculated costs exceed the amount of funding

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available in any fiscal year;

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     (i) State support for school resource officers and mental health professionals. For purposes

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of this subsection, a school resource officer (SRO) shall be defined as a career law enforcement

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officer with sworn authority who is deployed by an employing police department or agency in a

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community-oriented policing assignment to work in collaboration with one or more schools. School

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resource officers should have completed at least forty (40) hours of specialized training in school

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policing, administered by an accredited agency, before being assigned. Beginning in FY 2019, for

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a period of three (3) years, school districts or municipalities that choose to employ school resource

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officers shall receive direct state support for costs associated with employing such officers at public

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middle and high schools. Districts or municipalities shall be reimbursed an amount equal to one-

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half (1/2) of the cost of salaries and benefits for the qualifying positions. Funding will be provided

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for school resource officer positions established on or after July 1, 2018, provided that:

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     (1) Each school resource officer shall be assigned to one school:

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     (i) Schools with enrollments below one thousand twelve hundred (1,200) students shall

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require one school resource officer;

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     (ii) Schools with enrollments of one thousand twelve hundred (1,200) or more students

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shall require two school resource officers;

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     (2) School resource officers hired in excess of the requirement noted above shall not be

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eligible for reimbursement; and

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     (3) Schools that eliminate existing school resource officer positions and create new

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positions under this provision shall not be eligible for reimbursement; and

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     (4) For FY 2021, school districts that choose to employ additional mental health

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professionals at public schools may apply to receive direct state support for costs associated with

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employing such staff. Districts shall be reimbursed an amount equal to one-half (1/2) of the cost

 

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of salaries and benefits for the qualifying positions, provided that the District commits to funding

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the position beyond FY 2021 in the absence of continued state funds.

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     (i) For the purposes of this section, mental health professionals shall be defined to include,

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but not be limited to, student assistance counselors, school counselors, social workers, and school

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psychologists;

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     (ii) Schools that eliminate existing mental health professional positions and create new

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positions under this provision shall not be eligible for reimbursement;

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     (iii) The Department of Education will establish an application process and will oversee

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distribution of the funds. If demand for the funds is greater than what is allocated, the department

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will create a process where priority will be given based on, but not limited to, current mental health

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capacity at the school and its demonstrated need based on documented incident reports.

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

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plan in § 16-7.2-7.

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     SECTION 2. Sections 16-48-1, 16-48-2, 16-48-3, 16-48-5, and 16-48-6 of the General

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Laws in Chapter 16-48 entitled “Educational Services to Very Young Children” is hereby amended

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to read as follows:

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     16-48-1. Applicability

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     This chapter shall pertain to private nursery schools and other regular schools or programs

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of educational services to children between the ages of two (2) four (4) years eight (8) months and

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six (6) years of age where the schools and programs operate one or more sessions daily. It does not

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include bona fide kindergarten and nursery preschool classes which are part of a nonpublic

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elementary school system.

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     16-48-2. Establishment High Quality Comprehensive Approval of and operation of

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schools Classrooms and Programs.

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     (a) No Any person, unincorporated society, association, or corporation desiring High

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Quality Comprehensive Approval to operate of a school classroom or program as defined in this

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chapter shall be permitted to establish and maintain a school or program unless and until file an

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application has been filed with the commissioner of elementary and secondary education and

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suitable provision has been made to fulfill any minimum requirements of adequate faculty, health,

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safety, sanitation, site, physical plant, educational program, and any other standards that may be

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are established through rules and regulations promulgated by the commissioner of elementary and

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secondary education. Upon satisfactory compliance with the standards as established by the

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commissioner of elementary and secondary education, along with the certification by the

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appropriate fire, health, and building inspectors, the school classroom or program shall be approved

 

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receive High Quality Comprehensive Approval for a period of one year three years, which approval

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shall require renewal unless sooner revoked by the commissioner for cause.

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     (b) Upon application to establish for High Quality Comprehensive Approval of a school

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classroom or program as defined in this chapter or to renew the application, the applicant will

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submit the names of its owner, officers, and employees. The commissioner of elementary and

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secondary education may request the bureau of criminal identification of the state police to conduct

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a nationwide criminal records check of the owners, officers, and employees of the school or

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program and the bureau of criminal identification of the state police will conduct criminal records

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checks on request. To accomplish nationwide criminal records checks, the commissioner may

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require owners, officers, and employees of the schools or programs to be fingerprinted by the

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bureau of criminal identification of the state police. The commissioner may examine these criminal

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records checks to aid in determining the suitability of the applicant for approval or renewal of

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approval.

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16-48-3. Rules and regulations.

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The commissioner of elementary and secondary education shall make all necessary rules and

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regulations as the commissioner shall deem necessary or expedient, in conformity with the

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provisions of this chapter and not contrary to law, for the necessary accreditation of the schools

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classrooms and programs, and the commissioner shall do all things and perform all acts necessary

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to enforce the provisions of this chapter.

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     16-48-5. Revocation of approval.

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     The commissioner of elementary and secondary education may revoke or refuse to renew

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the approval of any nursery school classroom or program approved upon reasonable notice to the

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school authorities and provided that a hearing on the revocation shall be afforded the parties.

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Grounds for revocation or refusal to renew shall include:

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     (1) Failure to maintain standards;

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     (2) Refusal to submit proper reports or records;

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     (3) Refusal to admit authorized representatives of the department of elementary and

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secondary education;

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     (4) Furnishing or making misleading or false statements or reports;

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     (5) Failure to maintain adequate financial resources; or

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     (6) Any other cause which, in the opinion of the commissioner, may be detrimental to the

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health, education, safety, or welfare of the children involved.

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16-48-6. Penalty.

 

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Every person who violates any of the provisions of this chapter by conducting a school or program

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without first having obtained approval as provided in this chapter, or who shall refuse to permit a

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reasonable inspection and examination of a facility as provided in this chapter, or who shall

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intentionally make any false statements or reports to the commissioner of elementary and secondary

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education or the commissioner's agents with reference to the matters contained in these statements

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or reports, or who conducts this facility after approval has been revoked or suspended shall, upon

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conviction of the first offense, be imprisoned for a term not exceeding six (6) months or be fined

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not exceeding one hundred dollars ($100) for each week that the facility shall have been maintained

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without approval, and on the second or subsequent offense shall be imprisoned for a term not

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exceeding one year or be fined not exceeding five hundred dollars ($500) for each week that the

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facility shall have been maintained without approval or both the fine and imprisonment.

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     SECTION 3. Chapter 16-87 of the General Laws entitled “Rhode Island Prekindergarten

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Education Act” is hereby amended by adding thereto the following sections:

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     16-87-6. High Quality, Universal Prekindergarten.

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     (a) The general assembly acknowledges the need to adequately prepare all children to

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succeed in school by providing access to publicly funded, high quality prekindergarten education

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programs for all four-year-olds.

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(b) Access to Rhode Island’s mixed delivery system of high-quality prekindergarten

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classrooms in child care centers, public school districts, and Head Start centers shall be expanded

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across all communities in Rhode Island.

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(c) Expansion shall continue until every family who wants a high quality, prekindergarten

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seat for their four-year-olds has one. Universal access will be considered achieved when seventy

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percent of four-year-olds are enrolled in high-quality prekindergarten programs.

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     16-87-7. Prekindergarten Facilities.

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The Rhode Island department of elementary and secondary education and the department

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of human services shall work with other state departments and private philanthropy to research and

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establish programs to improve, expand, and renovate facilities to ensure providers meet licensing

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and facilities standards to expand access to high-quality prekindergarten learning environments.

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     16-87-8. High quality elements.

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     (a) To expand access to high-quality prekindergarten education programs, it is essential to

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invest in expanding high-quality early learning in order to meaningfully increase children’s school

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readiness.

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(b) The Rhode Island department of elementary and secondary education is hereby

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authorized to promulgate and adopt regulations for the implementation of high quality, universal

 

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prekindergarten. The following quality standards shall be established in regulation by the Rhode

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Island department of elementary and secondary education:

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     (i) Teacher education and certification;

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     (ii) Class size and staff ratios;

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     (iii) Learning time;

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     (iv) Learning standards;

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     (v) Curriculum;

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     (vi) Support for students with special needs;

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     (vii) Support for dual English language learners;

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     (viii) Professional development;

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     (ix) Child assessments; and

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     (x) Observations to improve practice

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     16-87-9 Successful transitions.

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     (a) Successful coordination between Rhode Island’s high-quality prekindergarten and

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kindergarten programs is essential for setting a solid foundation for all students. In order to have a

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seamless pathway from prekindergarten to third grade, standards, curriculum, instruction and

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assessments shall be aligned.

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(b) Effective transition programs and practices to help students and families move

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successfully from one setting to another shall be established.

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(c) All Local Education Agencies (LEAs) in Rhode Island shall develop a transition plan

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to kindergartens for all incoming students and families. These plans must contain two parts --

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student and family transition strategies, and program-level transition planning strategies:

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     (1) For student and family transition the following strategies shall be considered:

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     (i) Student visits to their future kindergarten classroom;

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     (ii) Kindergarten teacher visits to the prekindergarten classrooms;

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     (iii) Workshops for families of incoming kindergarten children; and

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     (iiv) Kindergarten orientation sessions the summer before school starts.

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     (2) For program-level transition planning the following strategies shall be considered;

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     (i) Creation of transition teams and liaisons between prekindergarten programs and district

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schools;

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     (ii) Joint professional development and data sharing for prekindergarten to third grade

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teachers; and

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     (iii) Teacher-to-teacher conferences.

 

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16-87-10. Early childhood education governance and data system. (a) The Rhode

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Island department of elementary and secondary education and the department of human services

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shall work with other state departments that comprise the Children’s Cabinet including, but not

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limited to, Rhode Island’s department of health, department of children, youth and families, and

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the executive office of health and human services to facilitate the coordination of federal, state, and

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local policies concerning early learning and care, as well as seeking, applying for and encouraging

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the use of any federal funds for early learning and care. These departments shall work together to

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identify ways to streamline decision-making, eliminate inefficiencies, and ensure that all state

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systems are coordinated and aligned to the same goals.

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     (b) In order to support a successful early learning system, including the expansion of high-

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quality prekindergarten programs, the Early Childhood and Education Data System (ECEDS) shall

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receive continued investment, development and support. ECEDS is an integrated data system to

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facilitate the sharing of information and data-driven decision-making. ECEDS has become the

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centralized source for much of our early learning data across multiple state agencies. It also has the

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capability to share essential child level data with state agencies and early childhood programs and

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key information about early learning providers and programs with families.

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     16-87-11. Ensuring access for low-income children.

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     (a) The Rhode Island department of elementary and secondary education and the

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department of human services will ensure that during the state prekindergarten Request for Proposal

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process, priority points will be awarded to communities serving a higher proportion of low-income

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children.

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     (b) Until such time that Universal Prekindergarten is achieved in a community, the state

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prekindergarten lottery process will include an algorithm to match the enrollment to the

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socioeconomic distribution of the community. For the lottery process, the poverty level is

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determined by free or reduced lunch status, or 185% of the federal poverty guidelines.

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     SECTION 4. Sections 16-87-2 and 16-87-4 of the General Laws in Chapter 16-87 entitled

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"Rhode Island Prekindergarten Education Act" is hereby amended as follows:

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     16-87-2. Findings. 

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     (a) The general assembly hereby finds that attending high quality early childhood education

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programs help children develop important social and cognitive skills and knowledge that prepares

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children to succeed in school. Research has shown long-lasting benefits for children who participate

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in very high quality, educationally focused early childhood programs. The benefits to children can

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also generate substantial government cost savings, including reduced need for special education

 

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services, reduced need for cash assistance and other public benefits, and reduced rates of

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incarceration.

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(b) The general assembly finds that there are substantial numbers of children in Rhode

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Island entering kindergarten who are not adequately prepared to succeed in school. Early school

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failure may ultimately contribute to such children dropping out of school at an early age, failing to

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achieve their full potential, becoming dependent upon public assistance, or becoming involved in

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criminal activities.

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(c) Furthermore, the general assembly finds that there is an existing infrastructure of early

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childhood programs in Rhode Island serving preschool age children in full-day and half-day

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programs that is supported through state and federal investments in child care, Head Start and

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special education. It is the goal of the general assembly to support a system of publicly-funded,

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high quality prekindergarten education programs that are operated through a diverse delivery

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network, including child care, Head Start and public school districts.

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(d) By enacting this law, the general assembly acknowledges the need to adequately

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prepare all children to succeed in school by providing access to publicly-funded high quality

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prekindergarten education programs. 

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(e) Since 2008, Rhode Island’s state prekindergarten program, RI Pre-K, has expanded to

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offer more than one thousand four hundred high-quality prekindergarten seats to four-year-olds

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across thirteen communities. Rhode Island’s mixed delivery prekindergarten model has been

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nationally recognized as one of the highest quality state prekindergarten programs in the United

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States.

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     16-87-4. Early childhood workforce development. 

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     The Rhode Island department of elementary and secondary education and the department

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of human services shall work with other state departments and private philanthropy to establish a

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statewide, comprehensive, research-based early childhood workforce development scholarship

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program to expand the numbers of early childhood educators who have an associate's or bachelor's

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degree in early childhood education and who work with children from birth to age five (5). 

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     SECTION 5. Sections 16-87-3 and 16-87-5 of the General Laws in Chapter 16-87 entitled

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“Rhode Island Prekindergarten Education Act” are hereby repealed.

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16-87-3. Planning phase for a prekindergarten program. 

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     (a) The Rhode Island department of elementary and secondary education shall begin

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planning an initial, pilot prekindergarten program that meets high quality standards, builds on the

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existing early childhood education infrastructure in the state (including child care, Head Start and

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public schools) and serves children ages three (3) and four (4) who reside in communities with

 

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concentrations of low performing schools. This planning phase will develop specific goals to

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expand the pilot prekindergarten program over time and will also identify opportunities to

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strengthen care and learning programs for infants and toddlers.

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     (b) During this planning phase, the Rhode Island department of elementary and secondary

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education will quantify the resources needed to achieve and maintain high quality standards in

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prekindergarten programs and identify incentives and supports to develop a qualified early

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education workforce, including opportunities for experienced early childhood educators and

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paraprofessionals to acquire college degrees and earn early childhood teacher certification.

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     (c) The Rhode Island department of elementary and secondary education will begin to

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develop plans to collect and analyze data regarding the impact of the pilot prekindergarten program

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on participating children's school readiness and school achievement. 

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     16-87-5. Reporting. 

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     The Rhode Island department of elementary and secondary education shall report back to

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the general assembly and the governor on the progress of the pilot planning phase no later than

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October 31, 2008. 

16

     SECTION 6. Section 16-105-7 of the General Laws in Chapter 16-105 entitled "School

17

Building Authority" is hereby amended as follows:

18

     16-105-7. Expenses incurred by the school building authority.

19

     In order to provide for one-time or limited the expenses of the school building authority

20

under this chapter, the Rhode Island health and educational building corporation shall provide

21

funding from the school building authority capital fund, fees generated from the origination of

22

municipal bonds and other financing vehicles used for school construction, any investment income

23

generated by state and municipal funds held in trust by the Rhode Island health and educational

24

building corporation, and its own reserves. The school building authority shall, by October 1 of

25

each year, report to the governor and the chairs of the senate and house finance committees, the

26

senate fiscal advisor, and the house fiscal advisor the amount sought for expenses for the next fiscal

27

year.

28

     There is also hereby established a restricted-receipt account within the budget of the

29

department of elementary and secondary education entitled "school construction services," to be

30

financed by the Rhode Island health and educational building corporation's sub-allotments of fees

31

generated from the origination of municipal bonds and other financing vehicles used for school

32

construction, any investment income generated by state and municipal funds held in trust by the

33

Rhode Island health and educational building corporation, and its own reserves. Effective July 1,

34

2018, this account shall be utilized for the express purpose of supporting personnel expenditures

 

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directly related to the administration of the school construction aid program. Expenditure of all

2

restricted receipts accepted by the department shall be subject to the annual appropriation process

3

and approval by the general assembly.

4

     SECTION 7. Sections 16-107-3, 16-107-4, 16-107-5, and 16-107-6 of the General Laws

5

in Chapter 16-107 entitled "Rhode Island Promise Scholarship" are hereby amended as follows:

6

16-107-3. Establishment of scholarship program.

7

Beginning with the high school graduating class of 2017, it is hereby established the Rhode

8

Island promise scholarship programs. that will end with the high school graduating class of 2020.

9

The general assembly shall annually appropriate the funds necessary to implement the purposes of

10

this chapter. Additional funds beyond the scholarships may be appropriated to support and advance

11

the Rhode Island promise scholarship program. In addition to appropriation by the general

12

assembly, charitable donations may be accepted into the scholarship program.

13

     16-107-4. Definitions.

14

     When used in this chapter, the following terms shall have the following meanings:

15

(1) "FAFSA" means the Free Application for Federal Student Aid form;

16

     (2) “Certificate” means any certificate program with labor market value as defined by the

17

Postsecondary Commissioner.

18

     (3)(2) "Mandatory fees and tuition" are the costs that every student is required to pay in

19

order to enroll in classes, and does not include room and board, textbooks, program fees that may

20

exist in some majors, course fees that may exist for some specific courses, meal plans, or travel;

21

     (4)(3)"On track to graduate on time" means the standards determined by the community

22

college of Rhode Island in establishing the expectation of a student to graduate with an associate's

23

degree or certificate within two (2) years of enrollment (recognizing that some students, including

24

students who require developmental education, are double majors, or are enrolled in certain

25

professional programs may require an extended time period for degree completion);

26

     (5)(4) "Scholarship program" means the Rhode Island promise scholarship program that is

27

established pursuant to § 16-107-3;

28

     (6)(5) "Recipient student" means a student attending the community college of Rhode

29

Island who qualifies to receive the Rhode Island promise scholarship pursuant to § 16-107-6; and

30

     (7)(6) "State" means the State of Rhode Island and Providence Plantations.

31

     16-107-5. Administration of scholarship program.

32

(a) The financial aid office, in conjunction with the office of enrollment management or

33

their respective equivalent offices, at the community college of Rhode Island, shall administer the

 

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scholarship program for state residents seeking associate degrees or certificates who meet the

2

eligibility requirements in this chapter

3

(b) An award of the scholarship program shall cover up to the cost of two (2) years of

4

tuition and mandatory fees, less federal and all other financial aid monies available to the recipient

5

student. No grant received by students from the Department of Children, Youth and Families’

6

Higher Education Opportunity Incentive Grant as established by § 42-72.8 or the College Crusade

7

Scholarship Act as established in § 16-70 shall be considered federal or financial aid for the

8

purposes of this Chapter.

9

(c) The scholarship program is limited to one award per student as required by § 16-107-

10

6(a)(7).

11

A student may continue to receive an award towards a degree following completion of a

12

certificate program, provided that the student remains on track to graduate on time.

13

16-107-6. Eligibility for scholarship.

14

(a) Beginning with the students who enroll at the community college of Rhode Island in fall

15

of 2017 and ending with students who enroll at the community college of Rhode Island in the fall

16

of 2020, to be considered for the scholarship, a student:

17

(1) Must qualify for in-state tuition and fees pursuant to the residency policy adopted by the

18

council on postsecondary education, as amended, supplemented, restated, or otherwise modified

19

from time to time ("residency policy"); provided, that, the student must have satisfied the high

20

school graduation/equivalency diploma condition prior to reaching nineteen (19) years of age;

21

provided, further, that in addition to the option of meeting the requirement by receiving a high

22

school equivalency diploma as described in the residency policy, the student can satisfy the

23

condition by receiving other certificates or documents of equivalent nature from the state or its

24

municipalities as recognized by applicable regulations promulgated by the council on elementary

25

and secondary education;

26

(2) Must be admitted to, and must enroll and attend the community college of Rhode Island

27

on a full-time basis by the semester immediately following high school graduation or the semester

28

immediately following receipt of a high school equivalency diploma;

29

(3) Must complete the FAFSA and any required FAFSA verification by the deadline

30

prescribed by the community college of Rhode Island for each year in which the student seeks to

31

receive funding under the scholarship program;

32

(4) Must continue to be enrolled on a full-time basis;

33

(5) Must maintain an average annual cumulative grade point average (GPA) of 2.5 or

34

greater, as determined by the community college of Rhode Island;

 

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(6) Must remain on track to graduate on time with an associate degree or a certificate as

2

determined by the community college of Rhode Island;

3

(7) Must not have already received an award under this scholarship program; and

4

(8) Must commit to live, work, or continue their education in Rhode Island after graduation.

5

The community college of Rhode Island shall develop a policy that will secure this commitment

6

from recipient students.

7

(b) Notwithstanding the eligibility requirements under subsection (a) of this section

8

("specified conditions"):

9

(i) In the case of a recipient student who has an approved medical or personal leave of

10

absence or is unable to satisfy one or more specified conditions because of the student's medical or

11

personal circumstances, the student may continue to receive an award under the scholarship

12

program upon resuming the student's education so long as the student continues to meet all other

13

applicable eligibility requirements; and

14

(ii) In the case of a recipient student who is a member of the national guard or a member

15

of a reserve unit of a branch of the United States military and is unable to satisfy one or more

16

specified conditions because the student is or will be in basic or special military training, or is or

17

will be participating in a deployment of the student's guard or reserve unit, the student may continue

18

to receive an award under the scholarship program upon completion of the student's basic or special

19

military training or deployment.

20

     SECTION 8. Title 42 of the General Laws entitled “State Affairs and Government” is

21

hereby amended by adding thereto the following Chapter:

22

CHAPTER 42-12.6

23

THE RHODE ISLAND EARLY CHILDHOOD CARE AND EDUCATION CAPITAL FUND

24

ACT

25

     42-12.6-1. Short title.

26

This chapter shall be known and may be cited as the “Rhode Island early childhood care

27

and education capital fund act.”

28

     42-12.6-2. Findings.

29

(a) It is hereby found and declared that all children deserve high-quality, developmentally

30

appropriate learning environments that are designed to keep them safe, healthy, and support their

31

physical, behavioral and cognitive development.

32

(b) It is also found that many of Rhode Island’s existing early learning facilities suffer from

33

poor building conditions that may impact children’s health, safety, and quality in programming.

 

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(c) Furthermore, according to a 2019 Rhode Island Early Learning Facilities Needs

2

Assessment, many early learning providers in Rhode Island have expressed interest in improving

3

quality, opening new facilities spaces, and/or operating additional programs but 88% lack the

4

financial resources to do so. It also found that of the state’s 39 municipalities, 24 have more than

5

three infants and toddlers for every licensed slot available. There are also 18 communities that have

6

no high-quality child care available for infants and toddlers. Consequently, a need exists to initiate

7

funding strategies and innovative partnerships to improve and expand quality early learning

8

facilities.

9

(d) Through the establishment of the Rhode Island early childhood care and education

10

capital fund, Rhode Island can take steps to expand quality early learning facilities within a mixed

11

delivery system by providing funding that capitalizes on existing spaces, facilitates innovative

12

partnerships, and provides technical support in order to build a strong pipeline of new construction

13

projects.

14

42-12.6-3. Definitions.

15

(a) As used in this chapter:

16

(1) “Department” means the Rhode Island department of human services.

17

(2) “Early childhood care and education” refers to programs that are state licensed to

18

provide child care and serve children from birth through age six (6).

19

(3) “Eligible facility” means a building, structure or site that is, or will be, owned, leased

20

or otherwise used by one (1) or more eligible organizations and licensed by the department or local

21

education agency (LEA); provided that the facility shall serve or have a commitment to serve low-

22

income families; provided further, that leased facilities shall have a lease term that is consistent

23

with the scale of capital investment, but shall not be less than fifteen (15) years; and provided

24

further that municipally-owned buildings shall be eligible provided that there is a dedicated single

25

purpose space for licensed early childhood care and education.

26

(4) “Eligible organization” means a child care provider that is, at the time of its initial

27

application, providing, or has demonstrated a commitment to provide, early childhood care and

28

education and for low-income families with a public subsidy.

29

(5) “Eligible Project” means the acquisition, design, construction, repair, renovation,

30

rehabilitation or other capital improvement or deferred maintenance of an eligible facility.

31

(6) “Qualified community partner organization” means a certified community development

32

financial intermediary selected by the department. Said organization must possess experience

33

operating in Rhode Island, specifically supporting the early learning sector, have demonstrated fund

 

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1

management capabilities, and have expertise informing early learning facilities best practice

2

through assessment, training, and technical support.

3

42-12.6-4. Administration of program.

4

(a) The Department shall establish, administer, and oversee the Rhode Island early

5

childhood care and education capital fund as a competitive grant program, provided, however, that

6

the department may contract with a qualified community partner organization to administer the

7

program.

8

(b) Each recipient of a grant from the Rhode Island early childhood care and education

9

fund established in this chapter shall be an eligible organization intending to undertake an eligible

10

project having submitted an application that demonstrates: (i) a need for such project; (ii) the project

11

benefits to low-income children and the affected community; (iii) a financial need for assistance in

12

the form of such a grant; and (iv) local support for the project. Preference may be given to projects

13

that improve access to early childhood care and education in underserved communities,

14

commitment to providing high-quality care and education, and commitment to serving families

15

with public subsidy.

16

(c) The department shall promulgate such rules and regulations as are necessary to carry

17

out the intent and purpose and implementation of the responsibilities of each under this chapter.

18

42-12.6-5. Funding for program.

19

(a) The program established under this chapter may be funded from the proceeds of a

20

general obligation bond issuance dedicated to this purpose.

21

(b) The department of human services is hereby authorized to establish a restricted receipt

22

account, known as the “Rhode Island early childhood care and education capital fund,” within the

23

general fund of the state into which all amounts appropriated for the program created under this

24

chapter shall be deposited. In addition, charitable donations may be accepted into the account. The

25

account shall be used to pay for: (i) grants to eligible organizations; (ii) technical assistance to early

26

childhood care and education providers in matters related to capital planning and application

27

assistance; and (iii) costs associated with the administration of the program. The account shall be

28

exempt from the indirect cost recovery provisions of § 35-4-27.

29

42-12.6-5. Program integrity and reporting.

30

(a) Program integrity being of paramount importance, the department shall establish

31

procedures to ensure ongoing compliance with the terms and conditions of the program established

32

under this chapter, including procedures to safeguard the expenditure of public funds, to ensure that

33

the funds further the objectives of the program, and to evaluate the impact of the program. Such

34

requirements may include the submission of bank statements to verify availability of matching

 

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1

funds and contractor invoices to substantiate project expenses, in addition to such other reasonable

2

documentation the department may require.

3

(b) The department shall publish a report on the Rhode Island early childhood care and

4

education capital fund. The report shall contain information on the status of program

5

implementation as well as an accounting of the commitment, disbursement, and use of funds

6

allocated to the program including a listing of the organization name, city or town in which facility

7

is located, project description, and grant amount for each recipient. The report shall also, to the

8

extent practicable, track the impact of each completed project in terms of the number and quality

9

of current or additional classrooms and seats supported and any other information that the

10

department may deem appropriate. The report is due no later than ninety (90) days after the end of

11

the fiscal year and shall be provided to the governor, speaker of the house of representatives, and

12

the president of the senate.

13

     SECTION 9. Sections 42-64.26-3, 42-64.26-5, 42-64.26-8 and 42-64.26-12 of the General

14

Laws in Chapter 42-64.26 entitled “Stay Invested in RI Wavemaker Fellowship” are hereby

15

amended to read as follows:

16

42-64.26-3. Definitions.

17

As used in this chapter:

18

     (1) “Eligible graduate” means an individual who meets the eligibility requirements under

19

this chapter.

20

     (2) “Applicant” means an eligible graduate who applies for a tax credit for education loan

21

repayment expenses under this chapter.

22

     (3) “Award” means a tax credit awarded by the commerce corporation to an applicant as

23

provided under this chapter.

24

     (4) “Business” means any corporation, state bank, federal savings bank, trust company,

25

national banking association, bank holding company, loan and investment company, mutual

26

savings bank, credit union, building and loan association, insurance company, investment

27

company, broker-dealer company or surety company, limited liability company, partnership, sole

28

proprietorship, or federal agency or subsidiaries thereof.

29

     (4)(5) “Taxpayer” means an applicant who receives a tax credit under this chapter.

30

     (5)(6) “Commerce corporation” means the Rhode Island commerce corporation established

31

pursuant to chapter 64 of title 42.

32

     (6)(7) “Eligible expenses” or “education loan repayment expenses” means annual higher

33

education loan repayment expenses, including, without limitation, principal, interest and fees, as

 

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1

may be applicable, incurred and paid by an eligible graduate and which the eligible graduate is

2

obligated to repay for attendance at a post-secondary institution of higher learning.

3

     (8) “Eligible high-demand STEM teacher” means a full-time content area teacher

4

employed by a Rhode Island local education agency and satisfying criteria proposed by the Rhode

5

Island Commissioner of Education in consultation with the commerce corporation and approved

6

by the commerce corporation, which at a minimum shall include provisions regarding minimum

7

instructional hours and qualifying high-demand STEM subject areas.

8

     (7)(9) “Eligibility period” means a term of up to four (4) consecutive service periods

9

beginning with the date that an eligible graduate receives initial notice of award under this chapter

10

and expiring at the conclusion of the fourth service period after such date specified.

11

     (8)(10) “Eligibility requirements” means the following qualifications or criteria required

12

for an applicant to claim an award under this chapter:

13

     (i) That the applicant shall have graduated from an accredited two (2) year, four (4) year

14

or graduate post-secondary institution of higher learning with an associate’s, bachelor’s, graduate,

15

or post-graduate degree and at which the applicant incurred education loan repayment expenses;,

16

and be either

17

     (A)(ii) That the applicant shall be aA full-time employee with a Rhode Island-based

18

employer located in this state throughout the eligibility period, whose employment is for work in

19

one or more of the following covered fields: life, natural or environmental sciences; computer,

20

information or software technology; advanced mathematics or finance; engineering; industrial

21

design or other commercially related design field; or medicine or medical device technology.; or

22

     (B) A full-time employee that is an eligible high-demand STEM teacher.

23

     (9)(11) “Full-time employee” means a person who is employed by a business or an eligible

24

high-demand STEM teacher as defined herein for consideration for a minimum of at least thirty-

25

five (35) hours per week, or who renders any other standard of service generally accepted by custom

26

or practice as full-time employment, or who is employed by a professional employer organization

27

pursuant to an employee leasing agreement between the business and the professional employer

28

organization for a minimum of thirty-five (35) hours per week, or who renders any other standard

29

of service generally accepted by custom or practice as full-time employment, and whose earnings

30

are subject to Rhode Island income tax and whose wages are subject to withholding.

31

     (12) “Local education agency” means a public board of education/school committee or

32

other public authority legally constituted within the State for either administrative control or

33

direction of one or more Rhode Island public elementary schools or secondary schools, or a regional

 

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1

school district, state-operated school, regional collaboration, and charter school or mayoral

2

academy.

3

     (10)(13) “Service period” means a twelve (12) month period beginning on the date that an

4

eligible graduate applicant receives initial notice of award under this chapter.

5

     (11)(14) “Student loan” means a loan to an individual by a public authority or private lender

6

to assist the individual to pay for tuition, books, and living expenses in order to attend a post-

7

secondary institution of higher learning.

8

      (12)(15) “Rhode Island-based employer” means (i) an employer having a principal place

9

of business or at least fifty-one percent (51%) of its employees located in this state; or (ii) an

10

employer registered to conduct business in this state that reported Rhode Island tax liability in the

11

previous tax year.

12

     (13)(16) “Fund” refers to the “Stay Invested in RI Wavemaker Fellowship Fund”

13

established pursuant to § 42-64.26-4.

14

     42-64.26-5. Administration.

15

     (a) Application. An eligible graduate claiming an award under this chapter shall submit to

16

the commerce corporation an application in the manner that the commerce corporation shall

17

prescribe.

18

     (b) Upon receipt of a proper application from an applicant who meets all of the eligibility

19

requirements, the commerce corporation shall select applicants on a competitive basis to receive

20

credits for up to a maximum amount for each service period of one thousand dollars ($1,000) for

21

an associate’s degree holder, four thousand dollars ($4,000) for a bachelor’s degree holder, and six

22

thousand dollars ($6,000) for a graduate or post-graduate degree holder, but not to exceed the

23

education loan repayment expenses incurred by such taxpayer during each service period

24

completed, for up to four (4) consecutive service periods provided that the taxpayer continues to

25

meet the eligibility requirements throughout the eligibility period. The commerce corporation shall

26

delegate the selection of the applicants that are to receive awards to a one or more fellowship

27

committees to be convened by the commerce corporation and promulgate the selection procedures

28

the fellowship committee or committees will use, which procedures shall require that the

29

committee’s consideration of applications be conducted on a name-blind and employer-blind basis

30

and that the applications and other supporting documents received or reviewed by the fellowship

31

committee or committees shall be redacted of the applicant’s name, street address, and other

32

personally-identifying information as well as the applicant’s employer’s name, street address, and

33

other employer-identifying information. The commerce corporation shall determine the

34

composition of the fellowship committee or committees and the selection procedures it will use in

 

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1

consultation with the state’s chambers of commerce or the Rhode Island Department of Education,

2

as appropriate.

3

      (c) The credits awarded under this chapter shall not exceed one hundred percent (100%)

4

of the education loan repayment expenses incurred paid by such taxpayer during each service

5

period completed for up to four (4) consecutive service periods. Tax credits shall be issued annually

6

to the taxpayer upon proof that (i) the taxpayer has actually incurred and paid such education loan

7

repayment expenses; (ii) the taxpayer continues to meet the eligibility requirements throughout the

8

service period; (iii) The award shall not exceed the original loan amount plus any capitalized

9

interest less award previously claimed under this section; and (iv) that the taxpayer claiming an

10

award is current on his or her student loan repayment obligations.

11

     (d) In consultation with the Rhode Island Department of Education, the commerce

12

corporation shall set guidelines for the proportion of awards to be made to eligible high-demand

13

STEM teachers so long as no more than one hundred (100) and no more than twenty-five percent

14

(25%) of the awards issued in a calendar year are to eligible high-demand STEM teachers.

15

     (d)(e) The commerce corporation shall not commit to overall awards in excess of the

16

amount contained in the fund.

17

     (e)(f) The commerce corporation shall reserve seventy percent (70%) of the awards issued

18

in a calendar year to applicants who are permanent residents of the state of Rhode Island or who

19

attended an institution of higher education located in Rhode Island when they incurred the

20

education loan expenses to be repaid.

21

     (f)(g) In administering award, the commerce corporation shall:

22

     (1) Require suitable proof that an applicant meets the eligibility requirements for award

23

under this chapter;

24

     (2) Determine the contents of applications and other materials to be submitted in support

25

of an application for award under this chapter; and

26

     (3) Collect reports and other information during the eligibility period for each award to

27

verify that a taxpayer continues to meet the eligibility requirements for an award.

28

     42-64.26-8. Carry forward and redemption of tax credits.

29

     (a) If the amount of the tax credit allowed under this chapter exceeds the taxpayer’s total

30

tax liability for the year in which the credit is allowed, the amount of such credit that exceeds the

31

taxpayer’s tax liability may be carried forward and applied against the taxes imposed for the

32

succeeding four (4) years, or until the full credit is used, whichever occurs first.

33

     (b) The tax credit allowed under this chapter may be used as a credit against personal

34

income taxes imposed under chapter 30 of title 44.

 

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1

     (c) The division of taxation shall at the request of a taxpayer redeem such credits in whole

2

or in part for one hundred percent (100%) of the value of the tax credit.

3

     (d) Any award made amounts paid to a taxpayer for the redemption of tax credits allowed

4

pursuant to this section shall be exempt from taxation under title 44 of the General Laws.

5

     42-64.26-12. Sunset.

6

     No incentives or credits shall be authorized pursuant to this chapter after December 31,

7

2020December 31, 2023.

8

     SECTION 10. Section 45-38.2-3 of the General Laws in Chapter 45-38.2 entitled "School

9

Building Authority Capital Fund" is hereby amended as follows:

10

     45-38.2-3. Administration.

11

     (a) The corporation shall have all the powers necessary or incidental to carry out and

12

effectuate the purposes and provisions of this chapter including:

13

     (1) To receive and disburse such funds from the state as may be available for the purpose

14

of the fund subject to the provisions of this chapter;

15

     (2) To make and enter into binding commitments to provide financial assistance to cities,

16

towns, and local education agencies from amounts on deposit in the fund;

17

     (3) To enter into binding commitments to provide subsidy assistance for loans and city,

18

town, and local education agency obligations from amounts on deposit in the fund;

19

     (4) To levy administrative fees on cities, towns, and local education agencies as necessary

20

to effectuate the provisions of this chapter; provided that the total amount of all such fees assessed

21

on any municipal bonds and other financing vehicles used for school construction does not exceed

22

one tenth of one percent (0.001) one percent (.01) of the original principal amount;

23

     (5) To engage the services of third-party vendors to provide professional services;

24

     (6) To establish one or more accounts within the fund; and

25

     (7) Such other authority as granted to the corporation under chapter 38.1 of this title.

26

     (b) Subject to the provisions of this chapter, and to any agreements with the holders of any

27

bonds of the corporation or any trustee therefor, amounts held by the corporation for the account

28

of the fund shall be applied by the corporation, either by direct expenditure, disbursement, or

29

transfer to one or more other funds and accounts held by the corporation or a trustee under a trust

30

agreement or trust indenture entered into by the corporation with respect to bonds or notes issued

31

by the corporation under this chapter or by a holder of bonds or notes issued by the corporation

32

under this chapter, either alone or with other funds of the corporation, to the following purposes:

 

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1

     (1) To provide financial assistance to cities, towns, and local education agencies to finance

2

costs of approved projects, and to refinance the costs of the projects, subject to such terms and

3

conditions, if any, as are determined by the department and/or the corporation;

4

     (2) To fund reserves for bonds of the corporation and to purchase insurance and pay the

5

premiums therefor, and pay fees and expenses of letters or lines of credit and costs of

6

reimbursement to the issuers thereof for any payments made thereon or on any insurance, and to

7

otherwise provide security for, and a source of payment for obligations of the corporation, by

8

pledge, lien, assignment, or otherwise as provided in chapter 38.1 of this title;

9

     (3) To pay or provide for subsidy assistance as determined by the school building authority;

10

     (4) To provide a reserve for, or to otherwise secure, amounts payable by cities, towns, and

11

local education agencies on loans and city, town, and local education agency obligations

12

outstanding in the event of default thereof; amounts in any account in the fund may be applied to

13

defaults on loans outstanding to the city, town, or local education agency for which the account

14

was established and, on a parity basis with all other accounts, to defaults on any loans or city, town,

15

or local education agency obligations outstanding; and

16

     (5) To provide a reserve for, or to otherwise secure, by pledge, lien, assignment, or

17

otherwise as provided in chapter 38.1 of this title, any bonds or notes of the corporation issued

18

under this chapter.

19

     (c) The repayment obligations of the city, town, or local education agency for loans shall

20

be in accordance with its eligibility for state aid for school housing as set forth in §§ 16-7-39, 16-

21

77.1-5, and 16-105-3(19).

22

     (d) In addition to other remedies of the corporation under any loan or financing agreement

23

or otherwise provided by law, the corporation may also recover from a city, town, or local education

24

agency, in an action in superior court, any amount due the corporation together with any other

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actual damages the corporation shall have sustained from the failure or refusal of the city, town, or

26

local education agency to make the payments or abide by the terms of the loan or financing

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agreement.

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      SECTION 11. This article shall take effect upon passage.

 

Art10

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