2023 -- S 0252

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LC000346

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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 -- FOUNDATION LEVEL SCHOOL SUPPORT

     

     Introduced By: Senators Raptakis, F. Lombardi, Sosnowski, Ciccone, Tikoian, Ujifusa,
Paolino, E Morgan, Burke, and LaMountain

     Date Introduced: February 16, 2023

     Referred To: Senate Finance

     It is enacted by the General Assembly as follows:

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     SECTION 1. Section 16-7-20 of the General Laws in Chapter 16-7 entitled "Foundation

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Level School Support [See Title 16 Chapter 97 — The Rhode Island Board of Education Act]" is

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hereby amended to read as follows:

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     16-7-20. Determination of state’s share.

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     (a) For each community the state's share shall be computed as follows: Let

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     R = state share ratio for the community.

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     v = adjusted equalized weighted assessed valuation for the community, as defined

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in § 16-7-21(3).

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     V = sum of the values of v for all communities.

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     m = average daily membership of pupils in the community as defined in § 16-7-

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22(3).

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     M = total average daily membership of pupils in the state.

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     E = approved reimbursable expenditures for the community for the reference year

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minus the excess costs of special education, tuitions, federal and state receipts, and other income.

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     Then the state share entitlement for the community shall be RE where

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     R = 1 − 0.5vM/(Vm) through June 30, 2011, and R = 1 − 0.475 vM/(Vm) beginning on

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July 1, 2011 and thereafter.

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     Except that in no case shall R be less than zero percent (0%)., or shall the aid provided

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pursuant to the provisions of this chapter be less than the amount given to the community in the

 

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previous fiscal year.

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     (b) Whenever any funds are appropriated for educational purposes, the funds shall be used

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for educational purposes only and all state funds appropriated for educational purposes must be

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used to supplement any and all money allocated by a city or town for educational purposes and in

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no event shall state funds be used to supplant, directly or indirectly, any money allocated by a city

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or town for educational purposes. The courts of this state shall enforce this section by writ of

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mandamus.

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     (c) Notwithstanding the calculations in subsection (a), the hospital school at the Hasbro

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Children’s Hospital shall be reimbursed one hundred percent (100%) of all expenditures approved

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by the council on elementary and secondary education in accordance with currently existing rules

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and regulations for administering state aid, and subject to annual appropriations by the general

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assembly including, but not limited to, expenditures for educational personnel, supplies, and

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materials in the prior fiscal year.

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     (d) In the event the computation of the state’s share for any local education agency as

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outlined in subsection (a) is determined to have been calculated incorrectly after the state budget

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for that fiscal year has been enacted, the commissioner of elementary and secondary education shall

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notify affected local education agencies, the senate president, and the speaker of the house within

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fifteen (15) days of the determination.

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     (e) Realignment of aid payments to the affected local education agencies pursuant to

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subsection (d) shall occur in the following fiscal year:

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     (1) If the determination shows aid is underpaid to the local education agency, any amounts

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owed shall be paid in equal monthly installments.

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     (2) If the determination shows aid was overpaid, the department of elementary and

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secondary education shall recapture some amount of the aid from the overpaid local education

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agency. The amount to be withheld shall be equal to the amount of the overpayment prorated to the

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number of full months remaining in the fiscal year when the notification required in subsection (d)

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was made.

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     (f) The above notwithstanding, in no event shall the total paid to a local education agency

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in the 2023 fiscal year pursuant to subsection (a) be reduced as a result of the implementation of

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subsection (e); provided, however, that for the 2022 fiscal year, the full amount of any payment

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due to an underpayment and realignment under subsection (e)(1) shall be made for fiscal year 2022.

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     (g) Data used for the calculation of the FY 2022 state share ratio shall also be used for the

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calculation of the FY 2023 state share ratio.

 

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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 -- FOUNDATION LEVEL SCHOOL SUPPORT

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     This act would provide that in determining local school aid, the state would annually

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provide each community no less than an amount equal to the aid given in the preceding fiscal year.

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     This act would take effect upon passage.

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