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1 | ARTICLE 10 | |
2 | RELATING TO EDUCATION | |
3 | SECTION 1. Sections 16-7.2-3 and 16-7.2-6 of the General Laws in Chapter 16-7.2 entitled | |
4 | "The Education Equity and Property Tax Relief Act" is hereby amended as follows: | |
5 | 16-7.2-3. Permanent foundation education aid established. | |
6 | (a) Beginning in the 2012 fiscal year, the following foundation education-aid formula shall | |
7 | take effect. The foundation education aid for each district shall be the sum of the core instruction | |
8 | amount in subdivision (a)(1) and the amount to support high-need students in subdivision (a)(2), | |
9 | which shall be multiplied by the district state-share ratio calculated pursuant to § 16-7.2-4 to | |
10 | determine the foundation aid. | |
11 | (1) The core-instruction amount shall be an amount equal to a statewide, per-pupil core- | |
12 | instruction amount as established by the department of elementary and secondary education, | |
13 | derived from the average of northeast regional expenditure data for the states of Rhode Island, | |
14 | Massachusetts, Connecticut, and New Hampshire from the National Center for Education Statistics | |
15 | (NCES) that will adequately fund the student instructional needs as described in the basic education | |
16 | program and multiplied by the district average daily membership as defined in § 16-7-22. | |
17 | Expenditure data in the following categories: instruction and support services for students, | |
18 | instruction, general administration, school administration, and other support services from the | |
19 | National Public Education Financial Survey, as published by NCES, and enrollment data from the | |
20 | Common Core of Data, also published by NCES, will be used when determining the core- | |
21 | instruction amount. The core-instruction amount will be updated annually. For the purpose of | |
22 | calculating this formula, school districts' resident average daily membership shall exclude charter | |
23 | school and state-operated school students. | |
24 | (2) The amount to support high-need students beyond the core-instruction amount shall be | |
25 | determined by multiplying a student success factor of forty percent (40%) by the core instruction | |
26 | per-pupil amount described in subdivision (a)(1) and applying that amount for each resident child | |
27 | whose family income is at or below one hundred eighty-five percent (185%) of federal poverty | |
28 | guidelines, hereinafter referred to as "poverty status." | |
29 | (b) The department of elementary and secondary education shall provide an estimate of the | |
30 | foundation education aid cost as part of its budget submission pursuant to § 35-3-4. The estimate | |
31 | shall include the most recent data available as well as an adjustment for average daily membership | |
32 | growth or decline based on the prior year experience. | |
33 | (c) In addition, the department shall report updated figures based on the average daily | |
34 | membership as of October 1 by December 1. | |
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1 | (d) Beginning in the 2021 fiscal year, the department of elementary and secondary | |
2 | education shall include the number of students enrolled in RI Pre-K classrooms approved by the | |
3 | department in the average daily membership. | |
4 | (d)(e) Local education agencies may set aside a portion of funds received under subsection | |
5 | (a) to expand learning opportunities such as after school and summer programs, full-day | |
6 | kindergarten and/or multiple pathway programs, provided that the basic education program and all | |
7 | other approved programs required in law are funded. | |
8 | (e)(f) The department of elementary and secondary education shall promulgate such | |
9 | regulations as are necessary to implement fully the purposes of this chapter. | |
10 | 16-7.2-6. Categorical programs, state funded expenses. | |
11 | In addition to the foundation education aid provided pursuant to § 16-7.2-3, the permanent | |
12 | foundation education-aid program shall provide direct state funding for: | |
13 | (a) Excess costs associated with special education students. Excess costs are defined when | |
14 | an individual special education student's cost shall be deemed to be "extraordinary". Extraordinary | |
15 | costs are those educational costs that exceed the state-approved threshold based on an amount | |
16 | above five times the core foundation amount (total of core-instruction amount plus student success | |
17 | amount). The department of elementary and secondary education shall prorate the funds available | |
18 | for distribution among those eligible school districts if the total approved costs for which school | |
19 | districts are seeking reimbursement exceed the amount of funding appropriated in any fiscal year; | |
20 | and the department of elementary and secondary education shall also collect data on those | |
21 | educational costs that exceed the state-approved threshold based on an amount above two (2), three | |
22 | (3), and four (4) times the core-foundation amount; | |
23 | (b) Career and technical education costs to help meet initial investment requirements | |
24 | needed to transform existing, or create new, comprehensive, career and technical education | |
25 | programs and career pathways in critical and emerging industries and to help offset the higher- | |
26 | than-average costs associated with facilities, equipment maintenance and repair, and supplies | |
27 | necessary for maintaining the quality of highly specialized programs that are a priority for the state. | |
28 | The department shall develop criteria for the purpose of allocating any and all career and technical | |
29 | education funds as may be determined by the general assembly on an annual basis. The department | |
30 | of elementary and secondary education shall prorate the funds available for distribution among | |
31 | those eligible school districts if the total approved costs for which school districts are seeking | |
32 | reimbursement exceed the amount of funding available in any fiscal year; | |
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1 | (c) Programs to increase access to voluntary, free, high-quality pre-kindergarten programs. | |
2 | The department shall recommend criteria for the purpose of allocating any and all early childhood | |
3 | program funds as may be determined by the general assembly consistent with chapter 16-87; | |
4 | (d) Central Falls, Davies, and the Met Center Stabilization Fund is established to ensure | |
5 | that appropriate funding is available to support their students. Additional support for Central Falls | |
6 | is needed due to concerns regarding the city's capacity to meet the local share of education costs. | |
7 | This fund requires that education aid calculated pursuant to § 16-7.2-3 and funding for costs outside | |
8 | the permanent foundation education-aid formula, including, but not limited to, transportation, | |
9 | facility maintenance, and retiree health benefits shall be shared between the state and the city of | |
10 | Central Falls. The fund shall be annually reviewed to determine the amount of the state and city | |
11 | appropriation. The state's share of this fund may be supported through a reallocation of current state | |
12 | appropriations to the Central Falls school district. At the end of the transition period defined in § | |
13 | 16-7.2-7, the municipality will continue its contribution pursuant to § 16-7-24. Additional support | |
14 | for the Davies and the Met Center is needed due to the costs associated with running a stand-alone | |
15 | high school offering both academic and career and technical coursework. The department shall | |
16 | recommend criteria for the purpose of allocating any and all stabilization funds as may be | |
17 | determined by the general assembly; | |
18 | (e) Excess costs associated with transporting students to out-of-district non-public schools. | |
19 | This fund will provide state funding for the costs associated with transporting students to out-of- | |
20 | district non-public schools, pursuant to chapter 21.1 of this title. The state will assume the costs of | |
21 | non-public out-of-district transportation for those districts participating in the statewide system. | |
22 | The department of elementary and secondary education shall prorate the funds available for | |
23 | distribution among those eligible school districts if the total approved costs for which school | |
24 | districts are seeking reimbursement exceed the amount of funding available in any fiscal year; | |
25 | (f) Excess costs associated with transporting students within regional school districts. This | |
26 | fund will provide direct state funding for the excess costs associated with transporting students | |
27 | within regional school districts, established pursuant to chapter 3 of this title. This fund requires | |
28 | that the state and regional school district share equally the student transportation costs net any | |
29 | federal sources of revenue for these expenditures. The department of elementary and secondary | |
30 | education shall prorate the funds available for distribution among those eligible school districts if | |
31 | the total approved costs for which school districts are seeking reimbursement exceed the amount | |
32 | of funding available in any fiscal year; | |
33 | (g) Public school districts that are regionalized shall be eligible for a regionalization bonus | |
34 | as set forth below: | |
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1 | (1) As used herein, the term "regionalized" shall be deemed to refer to a regional school | |
2 | district established under the provisions of chapter 3 of this title, including the Chariho Regional | |
3 | School district; | |
4 | (2) For those districts that are regionalized as of July 1, 2010, the regionalization bonus | |
5 | shall commence in FY 2012. For those districts that regionalize after July 1, 2010, the | |
6 | regionalization bonus shall commence in the first fiscal year following the establishment of a | |
7 | regionalized school district as set forth in chapter 3 of this title, including the Chariho Regional | |
8 | School District; | |
9 | (3) The regionalization bonus in the first fiscal year shall be two percent (2.0%) of the | |
10 | state's share of the foundation education aid for the regionalized district as calculated pursuant to | |
11 | §§ 16-7.2-3 and 16-7.2-4 in that fiscal year; | |
12 | (4) The regionalization bonus in the second fiscal year shall be one percent (1.0%) of the | |
13 | state's share of the foundation education aid for the regionalized district as calculated pursuant to | |
14 | §§ 16-7.2-3 and 16-7.2-4 in that fiscal year; | |
15 | (5) The regionalization bonus shall cease in the third fiscal year; | |
16 | (6) The regionalization bonus for the Chariho regional school district shall be applied to | |
17 | the state share of the permanent foundation education aid for the member towns; and | |
18 | (7) The department of elementary and secondary education shall prorate the funds available | |
19 | for distribution among those eligible regionalized school districts if the total, approved costs for | |
20 | which regionalized school districts are seeking a regionalization bonus exceed the amount of | |
21 | funding appropriated in any fiscal year; | |
22 | (h) Additional state support for English learners (EL) multilingual learners (MLL). The | |
23 | amount to support EL multilingual students shall be determined by multiplying an EL MLL factor | |
24 | of ten percent (10%) by the core-instruction per-pupil amount defined in § 16-7.2-3(a)(1) and | |
25 | applying that amount of additional state support to EL multilingual students identified using widely | |
26 | adopted, independent standards and assessments identified by the commissioner. All categorical | |
27 | funds distributed pursuant to this subsection must be used to provide high-quality, research-based | |
28 | services to EL multilingual students and managed in accordance with requirements set forth by the | |
29 | commissioner of elementary and secondary education. The department of elementary and | |
30 | secondary education shall collect performance reports from districts and approve the use of funds | |
31 | prior to expenditure. The department of elementary and secondary education shall ensure the funds | |
32 | are aligned to activities that are innovative and expansive and not utilized for activities the district | |
33 | is currently funding are utilized for: | |
34 | (1) Increasing the number of new bilingual classrooms and programs; | |
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1 | (2) Increasing capacity of multilingual educators and English to Speakers of Other | |
2 | Languages (ESOL) certified educators; | |
3 | (3) Continuous training to retain multilingual and ESOL certified educators; | |
4 | (4) Increasing the knowledge and capacity of building administrators about MLL students | |
5 | to better support them; | |
6 | (5) Provide training for general education teachers to become certified in ESOL; and | |
7 | (6) Provide training for instructional coaches and personnel supporting differently-abled | |
8 | students to serve multilingual students. | |
9 | The department of elementary and secondary education shall prorate the funds available for | |
10 | distribution among eligible recipients if the total calculated costs exceed the amount of funding | |
11 | available in any fiscal year; | |
12 | (i) State support for school resource officers and mental health professionals. For purposes | |
13 | of this subsection, a school resource officer (SRO) shall be defined as a career law enforcement | |
14 | officer with sworn authority who is deployed by an employing police department or agency in a | |
15 | community-oriented policing assignment to work in collaboration with one or more schools. School | |
16 | resource officers should have completed at least forty (40) hours of specialized training in school | |
17 | policing, administered by an accredited agency, before being assigned. Beginning in FY 2019, for | |
18 | a period of three (3) years, school districts or municipalities that choose to employ school resource | |
19 | officers shall receive direct state support for costs associated with employing such officers at public | |
20 | middle and high schools. Districts or municipalities shall be reimbursed an amount equal to one- | |
21 | half (1/2) of the cost of salaries and benefits for the qualifying positions. Funding will be provided | |
22 | for school resource officer positions established on or after July 1, 2018, provided that: | |
23 | (1) Each school resource officer shall be assigned to one school: | |
24 | (i) Schools with enrollments below one thousand twelve hundred (1,200) students shall | |
25 | require one school resource officer; | |
26 | (ii) Schools with enrollments of one thousand twelve hundred (1,200) or more students | |
27 | shall require two school resource officers; | |
28 | (2) School resource officers hired in excess of the requirement noted above shall not be | |
29 | eligible for reimbursement; and | |
30 | (3) Schools that eliminate existing school resource officer positions and create new | |
31 | positions under this provision shall not be eligible for reimbursement; and | |
32 | (4) For FY 2021, school districts that choose to employ additional mental health | |
33 | professionals at public schools may apply to receive direct state support for costs associated with | |
34 | employing such staff. Districts shall be reimbursed an amount equal to one-half (1/2) of the cost | |
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1 | of salaries and benefits for the qualifying positions, provided that the District commits to funding | |
2 | the position beyond FY 2021 in the absence of continued state funds. | |
3 | (i) For the purposes of this section, mental health professionals shall be defined to include, | |
4 | but not be limited to, student assistance counselors, school counselors, social workers, and school | |
5 | psychologists; | |
6 | (ii) Schools that eliminate existing mental health professional positions and create new | |
7 | positions under this provision shall not be eligible for reimbursement; | |
8 | (iii) The Department of Education will establish an application process and will oversee | |
9 | distribution of the funds. If demand for the funds is greater than what is allocated, the department | |
10 | will create a process where priority will be given based on, but not limited to, current mental health | |
11 | capacity at the school and its demonstrated need based on documented incident reports. | |
12 | (j) Categorical programs defined in (a) through (g) shall be funded pursuant to the transition | |
13 | plan in § 16-7.2-7. | |
14 | SECTION 2. Sections 16-48-1, 16-48-2, 16-48-3, 16-48-5, and 16-48-6 of the General | |
15 | Laws in Chapter 16-48 entitled “Educational Services to Very Young Children” is hereby amended | |
16 | to read as follows: | |
17 | 16-48-1. Applicability | |
18 | This chapter shall pertain to private nursery schools and other regular schools or programs | |
19 | of educational services to children between the ages of two (2) four (4) years eight (8) months and | |
20 | six (6) years of age where the schools and programs operate one or more sessions daily. It does not | |
21 | include bona fide kindergarten and nursery preschool classes which are part of a nonpublic | |
22 | elementary school system. | |
23 | 16-48-2. Establishment High Quality Comprehensive Approval of and operation of | |
24 | schools Classrooms and Programs. | |
25 | (a) No Any person, unincorporated society, association, or corporation desiring High | |
26 | Quality Comprehensive Approval to operate of a school classroom or program as defined in this | |
27 | chapter shall be permitted to establish and maintain a school or program unless and until file an | |
28 | application has been filed with the commissioner of elementary and secondary education and | |
29 | suitable provision has been made to fulfill any minimum requirements of adequate faculty, health, | |
30 | safety, sanitation, site, physical plant, educational program, and any other standards that may be | |
31 | are established through rules and regulations promulgated by the commissioner of elementary and | |
32 | secondary education. Upon satisfactory compliance with the standards as established by the | |
33 | commissioner of elementary and secondary education, along with the certification by the | |
34 | appropriate fire, health, and building inspectors, the school classroom or program shall be approved | |
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1 | receive High Quality Comprehensive Approval for a period of one year three years, which approval | |
2 | shall require renewal unless sooner revoked by the commissioner for cause. | |
3 | (b) Upon application to establish for High Quality Comprehensive Approval of a school | |
4 | classroom or program as defined in this chapter or to renew the application, the applicant will | |
5 | submit the names of its owner, officers, and employees. The commissioner of elementary and | |
6 | secondary education may request the bureau of criminal identification of the state police to conduct | |
7 | a nationwide criminal records check of the owners, officers, and employees of the school or | |
8 | program and the bureau of criminal identification of the state police will conduct criminal records | |
9 | checks on request. To accomplish nationwide criminal records checks, the commissioner may | |
10 | require owners, officers, and employees of the schools or programs to be fingerprinted by the | |
11 | bureau of criminal identification of the state police. The commissioner may examine these criminal | |
12 | records checks to aid in determining the suitability of the applicant for approval or renewal of | |
13 | approval. | |
14 | 16-48-3. Rules and regulations. | |
15 | The commissioner of elementary and secondary education shall make all necessary rules and | |
16 | regulations as the commissioner shall deem necessary or expedient, in conformity with the | |
17 | provisions of this chapter and not contrary to law, for the necessary accreditation of the schools | |
18 | classrooms and programs, and the commissioner shall do all things and perform all acts necessary | |
19 | to enforce the provisions of this chapter. | |
20 | 16-48-5. Revocation of approval. | |
21 | The commissioner of elementary and secondary education may revoke or refuse to renew | |
22 | the approval of any nursery school classroom or program approved upon reasonable notice to the | |
23 | school authorities and provided that a hearing on the revocation shall be afforded the parties. | |
24 | Grounds for revocation or refusal to renew shall include: | |
25 | (1) Failure to maintain standards; | |
26 | (2) Refusal to submit proper reports or records; | |
27 | (3) Refusal to admit authorized representatives of the department of elementary and | |
28 | secondary education; | |
29 | (4) Furnishing or making misleading or false statements or reports; | |
30 | (5) Failure to maintain adequate financial resources; or | |
31 | (6) Any other cause which, in the opinion of the commissioner, may be detrimental to the | |
32 | health, education, safety, or welfare of the children involved. | |
33 | 16-48-6. Penalty. | |
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1 | Every person who violates any of the provisions of this chapter by conducting a school or program | |
2 | without first having obtained approval as provided in this chapter, or who shall refuse to permit a | |
3 | reasonable inspection and examination of a facility as provided in this chapter, or who shall | |
4 | intentionally make any false statements or reports to the commissioner of elementary and secondary | |
5 | education or the commissioner's agents with reference to the matters contained in these statements | |
6 | or reports, or who conducts this facility after approval has been revoked or suspended shall, upon | |
7 | conviction of the first offense, be imprisoned for a term not exceeding six (6) months or be fined | |
8 | not exceeding one hundred dollars ($100) for each week that the facility shall have been maintained | |
9 | without approval, and on the second or subsequent offense shall be imprisoned for a term not | |
10 | exceeding one year or be fined not exceeding five hundred dollars ($500) for each week that the | |
11 | facility shall have been maintained without approval or both the fine and imprisonment. | |
12 | SECTION 3. Chapter 16-87 of the General Laws entitled “Rhode Island Prekindergarten | |
13 | Education Act” is hereby amended by adding thereto the following sections: | |
14 | 16-87-6. High Quality, Universal Prekindergarten. | |
15 | (a) The general assembly acknowledges the need to adequately prepare all children to | |
16 | succeed in school by providing access to publicly funded, high quality prekindergarten education | |
17 | programs for all four-year-olds. | |
18 | (b) Access to Rhode Island’s mixed delivery system of high-quality prekindergarten | |
19 | classrooms in child care centers, public school districts, and Head Start centers shall be expanded | |
20 | across all communities in Rhode Island. | |
21 | (c) Expansion shall continue until every family who wants a high quality, prekindergarten | |
22 | seat for their four-year-olds has one. Universal access will be considered achieved when seventy | |
23 | percent of four-year-olds are enrolled in high-quality prekindergarten programs. | |
24 | 16-87-7. Prekindergarten Facilities. | |
25 | The Rhode Island department of elementary and secondary education and the department | |
26 | of human services shall work with other state departments and private philanthropy to research and | |
27 | establish programs to improve, expand, and renovate facilities to ensure providers meet licensing | |
28 | and facilities standards to expand access to high-quality prekindergarten learning environments. | |
29 | 16-87-8. High quality elements. | |
30 | (a) To expand access to high-quality prekindergarten education programs, it is essential to | |
31 | invest in expanding high-quality early learning in order to meaningfully increase children’s school | |
32 | readiness. | |
33 | (b) The Rhode Island department of elementary and secondary education is hereby | |
34 | authorized to promulgate and adopt regulations for the implementation of high quality, universal | |
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1 | prekindergarten. The following quality standards shall be established in regulation by the Rhode | |
2 | Island department of elementary and secondary education: | |
3 | (i) Teacher education and certification; | |
4 | (ii) Class size and staff ratios; | |
5 | (iii) Learning time; | |
6 | (iv) Learning standards; | |
7 | (v) Curriculum; | |
8 | (vi) Support for students with special needs; | |
9 | (vii) Support for dual English language learners; | |
10 | (viii) Professional development; | |
11 | (ix) Child assessments; and | |
12 | (x) Observations to improve practice | |
13 | 16-87-9 Successful transitions. | |
14 | (a) Successful coordination between Rhode Island’s high-quality prekindergarten and | |
15 | kindergarten programs is essential for setting a solid foundation for all students. In order to have a | |
16 | seamless pathway from prekindergarten to third grade, standards, curriculum, instruction and | |
17 | assessments shall be aligned. | |
18 | (b) Effective transition programs and practices to help students and families move | |
19 | successfully from one setting to another shall be established. | |
20 | (c) All Local Education Agencies (LEAs) in Rhode Island shall develop a transition plan | |
21 | to kindergartens for all incoming students and families. These plans must contain two parts -- | |
22 | student and family transition strategies, and program-level transition planning strategies: | |
23 | (1) For student and family transition the following strategies shall be considered: | |
24 | (i) Student visits to their future kindergarten classroom; | |
25 | (ii) Kindergarten teacher visits to the prekindergarten classrooms; | |
26 | (iii) Workshops for families of incoming kindergarten children; and | |
27 | (iiv) Kindergarten orientation sessions the summer before school starts. | |
28 | (2) For program-level transition planning the following strategies shall be considered; | |
29 | (i) Creation of transition teams and liaisons between prekindergarten programs and district | |
30 | schools; | |
31 | (ii) Joint professional development and data sharing for prekindergarten to third grade | |
32 | teachers; and | |
33 | (iii) Teacher-to-teacher conferences. | |
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1 | 16-87-10. Early childhood education governance and data system. (a) The Rhode | |
2 | Island department of elementary and secondary education and the department of human services | |
3 | shall work with other state departments that comprise the Children’s Cabinet including, but not | |
4 | limited to, Rhode Island’s department of health, department of children, youth and families, and | |
5 | the executive office of health and human services to facilitate the coordination of federal, state, and | |
6 | local policies concerning early learning and care, as well as seeking, applying for and encouraging | |
7 | the use of any federal funds for early learning and care. These departments shall work together to | |
8 | identify ways to streamline decision-making, eliminate inefficiencies, and ensure that all state | |
9 | systems are coordinated and aligned to the same goals. | |
10 | (b) In order to support a successful early learning system, including the expansion of high- | |
11 | quality prekindergarten programs, the Early Childhood and Education Data System (ECEDS) shall | |
12 | receive continued investment, development and support. ECEDS is an integrated data system to | |
13 | facilitate the sharing of information and data-driven decision-making. ECEDS has become the | |
14 | centralized source for much of our early learning data across multiple state agencies. It also has the | |
15 | capability to share essential child level data with state agencies and early childhood programs and | |
16 | key information about early learning providers and programs with families. | |
17 | 16-87-11. Ensuring access for low-income children. | |
18 | (a) The Rhode Island department of elementary and secondary education and the | |
19 | department of human services will ensure that during the state prekindergarten Request for Proposal | |
20 | process, priority points will be awarded to communities serving a higher proportion of low-income | |
21 | children. | |
22 | (b) Until such time that Universal Prekindergarten is achieved in a community, the state | |
23 | prekindergarten lottery process will include an algorithm to match the enrollment to the | |
24 | socioeconomic distribution of the community. For the lottery process, the poverty level is | |
25 | determined by free or reduced lunch status, or 185% of the federal poverty guidelines. | |
26 | SECTION 4. Sections 16-87-2 and 16-87-4 of the General Laws in Chapter 16-87 entitled | |
27 | "Rhode Island Prekindergarten Education Act" is hereby amended as follows: | |
28 | 16-87-2. Findings. | |
29 | (a) The general assembly hereby finds that attending high quality early childhood education | |
30 | programs help children develop important social and cognitive skills and knowledge that prepares | |
31 | children to succeed in school. Research has shown long-lasting benefits for children who participate | |
32 | in very high quality, educationally focused early childhood programs. The benefits to children can | |
33 | also generate substantial government cost savings, including reduced need for special education | |
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1 | services, reduced need for cash assistance and other public benefits, and reduced rates of | |
2 | incarceration. | |
3 | (b) The general assembly finds that there are substantial numbers of children in Rhode | |
4 | Island entering kindergarten who are not adequately prepared to succeed in school. Early school | |
5 | failure may ultimately contribute to such children dropping out of school at an early age, failing to | |
6 | achieve their full potential, becoming dependent upon public assistance, or becoming involved in | |
7 | criminal activities. | |
8 | (c) Furthermore, the general assembly finds that there is an existing infrastructure of early | |
9 | childhood programs in Rhode Island serving preschool age children in full-day and half-day | |
10 | programs that is supported through state and federal investments in child care, Head Start and | |
11 | special education. It is the goal of the general assembly to support a system of publicly-funded, | |
12 | high quality prekindergarten education programs that are operated through a diverse delivery | |
13 | network, including child care, Head Start and public school districts. | |
14 | (d) By enacting this law, the general assembly acknowledges the need to adequately | |
15 | prepare all children to succeed in school by providing access to publicly-funded high quality | |
16 | prekindergarten education programs. | |
17 | (e) Since 2008, Rhode Island’s state prekindergarten program, RI Pre-K, has expanded to | |
18 | offer more than one thousand four hundred high-quality prekindergarten seats to four-year-olds | |
19 | across thirteen communities. Rhode Island’s mixed delivery prekindergarten model has been | |
20 | nationally recognized as one of the highest quality state prekindergarten programs in the United | |
21 | States. | |
22 | 16-87-4. Early childhood workforce development. | |
23 | The Rhode Island department of elementary and secondary education and the department | |
24 | of human services shall work with other state departments and private philanthropy to establish a | |
25 | statewide, comprehensive, research-based early childhood workforce development scholarship | |
26 | program to expand the numbers of early childhood educators who have an associate's or bachelor's | |
27 | degree in early childhood education and who work with children from birth to age five (5). | |
28 | SECTION 5. Sections 16-87-3 and 16-87-5 of the General Laws in Chapter 16-87 entitled | |
29 | “Rhode Island Prekindergarten Education Act” are hereby repealed. | |
30 | 16-87-3. Planning phase for a prekindergarten program. | |
31 | (a) The Rhode Island department of elementary and secondary education shall begin | |
32 | planning an initial, pilot prekindergarten program that meets high quality standards, builds on the | |
33 | existing early childhood education infrastructure in the state (including child care, Head Start and | |
34 | public schools) and serves children ages three (3) and four (4) who reside in communities with | |
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1 | concentrations of low performing schools. This planning phase will develop specific goals to | |
2 | expand the pilot prekindergarten program over time and will also identify opportunities to | |
3 | strengthen care and learning programs for infants and toddlers. | |
4 | (b) During this planning phase, the Rhode Island department of elementary and secondary | |
5 | education will quantify the resources needed to achieve and maintain high quality standards in | |
6 | prekindergarten programs and identify incentives and supports to develop a qualified early | |
7 | education workforce, including opportunities for experienced early childhood educators and | |
8 | paraprofessionals to acquire college degrees and earn early childhood teacher certification. | |
9 | (c) The Rhode Island department of elementary and secondary education will begin to | |
10 | develop plans to collect and analyze data regarding the impact of the pilot prekindergarten program | |
11 | on participating children's school readiness and school achievement. | |
12 | 16-87-5. Reporting. | |
13 | The Rhode Island department of elementary and secondary education shall report back to | |
14 | the general assembly and the governor on the progress of the pilot planning phase no later than | |
15 | 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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1 | 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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1 | 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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1 | (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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1 | (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 | |
25 | 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 | |
27 | agreement. | |
28 | SECTION 11. This article shall take effect upon passage. | |
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