2023 -- S 0524

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LC002263

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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 -- SUBSTITUTE TEACHER FLAT RATE

     Introduced By: Senators Gallo, Lombardo, DiPalma, Ciccone, and Gu

     Date Introduced: March 07, 2023

     Referred To: Senate Finance

     It is enacted by the General Assembly as follows:

     SECTION 1. Title 16 of the General Laws entitled "EDUCATION" is hereby amended by

adding thereto the following chapter:

CHAPTER 112

SUBSTITUTE TEACHER FLAT RATE

     16-112-1. Short title.

     This chapter shall be known and may be cited as the "Substitute Teacher Flat Rate".

     16-112-2. Definitions.

     As used in this chapter:

     (1) “Certified” means an individual employed on a temporary basis, that holds a certificate

or certificates issued by or under the authority of the council on elementary and secondary

education.

     (2) “Non-certified substitute teacher” means an individual employed on a temporary basis

that does not hold a certificate or certificates issued by or under the authority of the council on

elementary and secondary education.

     (3) “School district” means any school district formed pursuant to law.

     16-112-3. Application of chapter.

     This chapter applies to every school district in this state and all certified and non-certified

substitute teachers who teach in state schools of elementary and secondary education.

     16-112-4. Hiring of substitute teachers.

     The committee or board of a school or school district may employ a student without a

teaching certificate as a substitute teacher, as defined by that school or school district. To qualify,

the student shall be currently enrolled in an accredited institution of higher education, be enrolled

in a program that will culminate in the student becoming eligible for a teaching license in the State

of Rhode Island, and have earned at least sixty (60) credits towards their degree.

     16-112-5. Rate of pay.

     (a) Substitute teaching personnel shall be paid a flat rate of two hundred fifty dollars ($250)

for non-certified personnel and three hundred dollars ($300) for certified personnel. This rate shall

apply to all personnel currently in the pool of substitutes for a particular district, and to newly hired

substitute teaching personnel hired after the effective date of this chapter.

     (b) The general assembly shall allocate funding from the American Rescue Plan Relief

Fund to school districts to support hiring of substitute teachers.

     (1) The funding shall cover the difference between the collectively bargained per diem rate

for substitute teachers and the flat rate established in subsection (a) of this section.

     (i) If, as of the effective date of this chapter, the school administration in a particular district

is engaged in the collective bargaining process with the teachers’ union, for purposes of enforcing

this chapter, the per diem substitute rate shall be the rate established by the most recent collective

bargaining agreement.

     (ii) For the duration of this program, bargaining parties shall be prohibited from bargaining

for a per diem rate for substitute teachers which is based on an anticipated allocation of funds

pursuant to this chapter.

     (c) Each school district shall submit to the Rhode Island department of education (RIDE)

on a monthly basis an itemized request for reimbursement, including, but not limited to, the

following information:

     (1) The number of new hires to the substitute pool since the effective date of this chapter;

     (2) Total number of substitute teaching personnel who received the flat rate as established

in this chapter, broken down by non-certified and certified personnel; and

     (3) Total amount paid to substitute teaching personnel for that quarter.

     (d) Upon receipt, RIDE shall reimburse the district for the total amount itemized within

thirty (30) business days. RIDE shall promulgate any necessary rules and regulations for the

implementation of this chapter.

     16-112-6. Pay in excess of state supported rates.

     Nothing contained in this chapter shall prevent any local school board or district from

paying an additional amount of salary to any substitute teacher when such additional amount is

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derived from local funds or appropriations.

     16-112-7. Rules and regulations.

     The department of education shall make such rules and regulations as it deems appropriate

to make the application of the salary structure contained in this chapter uniform throughout the

state.

     16-112-8. Sunset provision.

     This section shall sunset upon the completion of the 2023-2024 school year or upon

exhaustion of approved American Rescue Plan Relief Funds for education relief, whichever is

earliest.

     16-112-9. Reporting.

     (a) No later than August 1 each year, for the duration of the program, each school district

shall report to the department of education the following data from the previous school year:

     (1) How many substitute teachers were hired under this program;

     (2) The race, ethnicity, and gender of the applicant pool;

     (3) Whether any substitute teachers were hired for full-time status;

     (4) Education and certifications; and

     (5) Reason for exiting the position, if they were not hired for full-time status.

     (b) The department of education shall cull the data from the school districts and prepare a

report to be submitted to the general assembly by September 1. The department of education shall

appropriately redact any data received and make it publicly available on the department of

education website.

     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 -- SUBSTITUTE TEACHER FLAT RATE

***

     This act would establish a flat rate for certified and non-certified substitute teaching

personnel statewide at two hundred fifty dollars ($250) and three hundred dollars ($300),

respectively, and would propose using American Rescue Plan Act funds to cover the difference

between the per diem rate set by each school district and the flat rate with a sunset date of September

1, 2024 or until no funds remain, whichever is earliest.

     This act would take effect upon passage.

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