2023 -- H 6358

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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 -- STATE DEPARTMENT OF ELEMENTARY AND

SECONDARY EDUCATION

     Introduced By: Representatives Craven, Caldwell, McGaw, Corvese, Casey, McNamara,
Solomon, and Edwards

     Date Introduced: May 03, 2023

     Referred To: House Finance

     It is enacted by the General Assembly as follows:

     SECTION 1. Section 16-1-5 of the General Laws in Chapter 16-1 entitled "State

Department of Elementary and Secondary Education [See Title 16 Chapter 97 — The Rhode Island

Board of Education Act]" is hereby amended to read as follows:

     16-1-5. Duties of commissioner of elementary and secondary education.

     It shall be the duty of the commissioner of elementary and secondary education:

     (1) To carry out the policies and program formulated by the council on elementary and

secondary education.

     (2) To evaluate credentials of applicants for certificates, to verify that the certification of

teachers is in accordance with law and established standards, and to issue certificates at the direction

of the board.

     (3) To certify the approval of accredited schools.

     (4) To recommend to the board an outline of the subjects and courses of study and the

instructional standards for elementary and secondary schools.

     (5) To approve the distribution of state school funds in accordance with law and the

regulations of the board.

     (6) To verify that school sites and school building plans are in accordance with law and

regulations.

     (7) To exercise supervision over school libraries and library services.

     (8) To certify that school bus routes and schedules and all contracts for pupil transportation

conform with provisions of law and the rules and regulations of the board.

     (9) To require the observance of all laws relating to schools and education.

     (10) To interpret school law and to decide such controversies as may be appealed to the

commissioner from decisions of local school committees.

     (11) To prepare and recommend standard forms for the use of local schools.

     (12)(i) To prepare, with the assistance of the department of administration, manuals of

uniform budgetary and standard financial records and procedures for local school officers. The

board of regents shall adopt uniform local school budgeting procedures no later than July 1, 1989,

and those procedures should include, at a minimum, the following:

     (A) Provision for uniform classification of revenues and expenditures;

     (B) Requirements of detailed expenditure estimates and a table of organization including

the proposed staffing of each school;

     (C) Estimates of receipts and expenditures for the last two (2) completed fiscal years, the

current and ensuing fiscal years; and

     (ii) To carry out the purpose of this subsection a sum of ten thousand dollars ($10,000) not

otherwise appropriated shall be included in the appropriation made to support the department of

elementary and secondary education.

     (13) To receive general supervision from the council on elementary and secondary

education and to appoint the several officers and employees of the department subject to the

provisions of the state merit system act, chapters 3 and 4 of title 36.

     (14) To establish health education, alcohol and substance abuse programs for students in

grades kindergarten (K) through twelve (12), in accordance with § 35-4-18. The program will

consist of the following: A mandated state health education, alcohol and substance abuse

curriculum for grades kindergarten (K) through twelve (12), a mandated assessment program in the

areas of health, fitness, alcohol and substance abuse, and an in-service training program that will

be developed specifically for the implementation of the mandated curriculum.

     (15)(i) To appoint a three-member (3) committee for the purpose of choosing a “teacher of

the year” among teachers in public school grades kindergarten (K) through twelve (12). The

“teacher of the year” shall receive an award of one thousand dollars ($1,000).

     (ii) It is the intent of the general assembly that the funds necessary to carry out the

provisions of this subdivision shall be provided within the annual appropriations act.

     (16) To institute a process to review, revise, and adopt statewide academic standards that

align with state assessments for the core subjects of mathematics, English language arts, science

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and technology, history and social studies, world languages, and the arts.

     (17) To institute a process for adapting, adopting, and developing curriculum frameworks

for mathematics, English language arts, science and technology, history and social studies, world

languages, and the arts covered by the academic standards.

     (18) To institute a process for reviewing and identifying high-quality curriculum and

materials in mathematics, English language arts, and science and technology.

     (19) To prepare each year a plan for providing statewide assistance in the preparation and

implementation of professional development plans.

     (20) To assign two (2) individuals within the department to be tasked exclusively to work

on career and technical education (CTE). One individual shall be exclusively responsible for

increasing CTE enrollment and supporting the creation of new CTE programs. One individual shall

be exclusively responsible for implementing and supporting employer outreach programs and the

expansion of existing programs to align with current and future employers' needs.

     SECTION 2. Section 16-7.2-6 of the General Laws in Chapter 16-7.2 entitled "The

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

     16-7.2-6. Categorical programs, state funded expenses.

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

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

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

an individual special education student’s cost shall be deemed to be “extraordinary.” Extraordinary

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

seeking reimbursement exceed the amount of funding available in any fiscal year; provided,

however, that funding at a minimum shall include:

     (1) For the fiscal year beginning July 1, 2023, and for each fiscal year thereafter, the

categorical funding provided pursuant to the provisions of § 16-7.2-6(b) shall be increased by a

minimum of one hundred percent (100%) over the funding provided in the fiscal year ending June

30, 2023. The increased funding shall be used exclusively for the establishment of new programs

to develop and promote high-wage, high-growth and high-demand jobs to support or enhance the

state's economy. Allocation of the increased funding shall be subject to approval of the

commissioner of elementary and secondary education ("commissioner") after consultation with the

board established pursuant to § 16-53-1;

     (2) For the fiscal year beginning July 1, 2023, and each fiscal year thereafter, funding shall

include two million dollars ($2,000,000) specifically for infrastructure, equipment and tools for

new approved CTE programs to be implemented in the fiscal year. The allocation of funding shall

be approved and implemented by the commissioner pursuant to a request for proposal (RFP)

process pursuant to the provisions of chapter 2 of title 37;

     (3) For the fiscal year beginning July 1, 2023, and each fiscal year thereafter, funding shall

include two million dollars ($2,000,000) specifically for new middle school CTE elective and/or

exploratory programs. The allocation of funding shall be approved and implemented by the

commissioner pursuant to an RFP process pursuant to the provisions of chapter 2 of title 37;

     (4) For the fiscal year beginning July 1, 2023, two (2) new advanced manufacturing centers

shall be established. One advanced manufacturing center shall be established in the east bay region

of the state and the other shall be located in Washington county. The commissioner, after

consultation with the board established pursuant to § 16-53-1, shall determine the location of the

centers. Prior to establishment of the centers or the selection of a location, an RFP grant application

process shall be utilized and a primary consideration for selection shall be prospective employer

demand and needs; and

     (5) Any funds appropriated but unutilized in the appropriated fiscal year shall be retained,

carried forward and used in subsequent fiscal years;

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

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

program funds as may be determined by the general assembly;

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

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

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

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

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

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

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

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

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

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

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

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

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

may be determined by the general assembly;

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

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

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

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

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

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

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

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

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

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

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

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

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

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

of funding available in any fiscal year;

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

as set forth below:

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

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

School district;

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

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

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

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

School District;

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

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

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

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

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

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

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

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

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

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

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

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

funding appropriated in any fiscal year;

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

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

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

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

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

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

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

department of elementary and secondary education shall collect performance reports from districts

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

education shall ensure the funds are aligned to activities that are innovative and expansive and not

utilized for activities the district is currently funding. The department of elementary and secondary

education shall prorate the funds available for distribution among eligible recipients if the total

calculated costs exceed the amount of funding available in any fiscal year;

     (i) State support for school resource officers. For purposes of this subsection, a school

resource officer (SRO) shall be defined as a career law enforcement officer with sworn authority

who is deployed by an employing police department or agency in a community-oriented policing

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assignment to work in collaboration with one or more schools. School resource officers should have

completed at least forty (40) hours of specialized training in school policing, administered by an

accredited agency, before being assigned. Beginning in FY 2019, for a period of three (3) years,

school districts or municipalities that choose to employ school resource officers shall receive direct

state support for costs associated with employing such officers at public middle and high schools.

Districts or municipalities shall be reimbursed an amount equal to one-half (½) of the cost of

salaries and benefits for the qualifying positions. Funding will be provided for school resource

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

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

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

require one school resource officer;

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

shall require two school resource officers;

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

eligible for reimbursement; and

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

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

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

the transition plan in § 16-7.2-7.

     SECTION 3. This act shall take effect upon passage.

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EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N   A C T

RELATING TO EDUCATION -- STATE DEPARTMENT OF ELEMENTARY AND

SECONDARY EDUCATION

***

     This act would provide that the commissioner of elementary and secondary education

would assign two (2) individuals to be tasked exclusively to work on career and technical

educational (CTE) issues. This act would also double the current categorical funding for CTE and

provide for the establishment of new CTE programs. Additionally, two million dollars ($2,000,000)

annually would be allocated for CTE infrastructure, equipment and tools, and two million dollars

($2,000,000) annually would be allocated for new middle school programs. Finally, this act would

also provide for the establishment of two (2) new advanced manufacturing centers with one to be

located in the east bay area and the other in Washington County.

     This act would take effect upon passage.

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