2023 -- H 6113

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LC002196

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2023

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A N   A C T

RELATING TO EDUCATION -- THE EDUCATION EQUITY AND PROPERTY TAX

RELIEF ACT

     

     Introduced By: Representatives Shanley, Donovan, Solomon, and Caldwell

     Date Introduced: March 03, 2023

     Referred To: House Finance

     It is enacted by the General Assembly as follows:

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     SECTION 1. Section 16-7.2-3 of the General Laws in Chapter 16-7.2 entitled "The

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

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     16-7.2-3. 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.” By October 1, 2022, as part of its budget

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submission pursuant to § 35-3-4 relative to state fiscal year 2024 and thereafter, the department of

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elementary and secondary education shall develop and utilize a poverty measure that in the

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department’s assessment most accurately serves as a proxy for the poverty status referenced in this

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subsection and does not rely on the administration of school nutrition programs. The department

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shall utilize this measure in calculations pursuant to this subsection related to the application of the

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student success factor, in calculations pursuant to § 16-7.2-4 related to the calculation of the state

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share ratio, and in the formulation of estimates pursuant to subsection (b) below. The department

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may also include any recommendations which seek to mitigate any disruptions associated with the

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implementation of this new poverty measure or improve the accuracy of its calculation. Provided,

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effective July 1, 2023, excess costs associated with special education students shall also be included

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in calculating direct state aid funding provided to school districts as part of the permanent

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foundation education-aid program. As used herein, the term “excess costs associated with special

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education students” includes both expenses deemed to be “extraordinary” pursuant to §16-7.2-6(a),

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as well as the additional costs incurred by a school district to educate a student determined to have

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a mild to moderate intellectual disability which costs are above the cost to educate a student who

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is not identified with a mild to moderate intellectual disability.

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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) 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) 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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     SECTION 2. This act shall take effect upon passage.

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EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N   A C T

RELATING TO EDUCATION -- THE EDUCATION EQUITY AND PROPERTY TAX

RELIEF ACT

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     This act would include the costs of educating students with intellectual disabilities in

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calculating direct state aid funding from the permanent foundation education-aid program.

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     This act would take effect upon passage.

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