2023 -- S 0067

========

LC000261

========

     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2023

____________

A N   A C T

RELATING TO EDUCATION -- THE EDUCATION EQUITY AND PROPERTY TAX

RELIEF ACT

     Introduced By: Senators Cano, Quezada, Murray, Lawson, Acosta, Pearson, Euer,
DiMario, Kallman, and Burke

     Date Introduced: February 01, 2023

     Referred To: Senate Finance

     It is enacted by the General Assembly as follows:

     SECTION 1. Section 16-7.2-3 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:

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

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

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

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

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

determine the foundation aid.

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

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

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

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

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

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

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

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

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

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

instruction amount. The core-instruction amount will be updated annually. For the purpose of

calculating this formula, school districts’ resident average daily membership shall exclude charter

school and state-operated school students.

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

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

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

either:

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

federal poverty guidelines: or, hereinafter referred to as “poverty status.”

     (ii) Identified as an English language learner, as defined in the Rhode Island department of

elementary and secondary education department regulations.

     By October 1, 2022, as part of its budget submission pursuant to § 35-3-4 relative to state

fiscal year 2024 and thereafter, the department of elementary and secondary education shall

develop and utilize a poverty measure that in the department’s assessment most accurately serves

as a proxy for the poverty status referenced in this subsection and does not rely on the

administration of school nutrition programs. The department shall utilize this measure in

calculations pursuant to this subsection related to the application of the student success factor, in

calculations pursuant to § 16-7.2-4 related to the calculation of the state share ratio, and in the

formulation of estimates pursuant to subsection (b) below. The department may also include any

recommendations which seek to mitigate any disruptions associated with the implementation of

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

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

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

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

growth or decline based on the prior year experience.

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

membership as of October 1 by December 1.

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

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

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

other approved programs required in law are funded.

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

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

LC000261 - Page 2 of 4

     SECTION 2. This act shall take effect upon passage.

========

LC000261

========

LC000261 - Page 3 of 4

EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N   A C T

RELATING TO EDUCATION -- THE EDUCATION EQUITY AND PROPERTY TAX

RELIEF ACT

***

     This act would add to the determination of the need to support high-need students a separate

and independent qualifying factor of whether the student is an English language learner as defined

by the department of education's regulations.

     This act would take effect upon passage.

========

LC000261

========

LC000261 - Page 4 of 4