ARTICLE 21 SUBSTITUTE A AS AMENDED
EDUCATION
AID
SECTION 1. Sections 16-7-23 and 16-7-29 of the General
Laws in Chapter 16-7 entitled “Foundation Level School Support” are hereby
amended to read as follows:
16-7-23. Community requirements – Adequate minimum budget provision. –
(a) The school committee's budget provisions of each community for current
expenditures in each budget year shall provide for an amount from all sources
sufficient to support the basic program and all other approved programs shared
by the state. Each community shall contribute local funds to its school
committee in an amount not less than its local contribution for schools in the
previous fiscal year. Calculation of the annual local contribution shall not
include Medicaid revenues received by the municipality or district pursuant to
chapter 8 of title 40. A community which has a decrease in enrollment may
compute maintenance of effort on a per pupil rather than on an aggregate basis
when determining its local contribution; furthermore, a community which
experiences a nonrecurring expenditure for its schools may deduct the
nonrecurring expenditure in computing its maintenance of effort. The deduction
of nonrecurring expenditures shall be with the approval of the commissioner.
The courts of this state shall enforce this section by writ of mandamus.
(b) Whenever any state funds
are appropriated for educational purposes, the funds shall be used for
educational purposes only and all state funds appropriated for educational
purposes must be used to supplement any and all money allocated by a city or
town for educational purposes and, in no event, shall state funds be used to
supplant, directly or indirectly, any money allocated by a city or town for educational
purposes. All state funds shall be appropriated by the municipality to the
school committee for educational purposes in the same fiscal year in which they
are appropriated at the state level even if the municipality has already
adopted a school budget. All state and local funds unexpended by the end of the
fiscal year of appropriation shall remain a surplus of the school committee and
shall not revert to the municipality. Any surplus of state or local funds
appropriated for educational purposes shall not in any respect affect the
requirement that each community contribute local funds in an amount not less
than its local contribution for schools in the previous fiscal year, subject to
subsection (a) of this section, and shall not in any event be deducted from the
amount of the local appropriation required to meet the maintenance of effort
provision in any given year.
16-7-29. Minimum salary schedule established by community. – (a) Every community shall establish
and put into full effect by appropriate action of its school committee a salary
schedule recognizing years of service, experience, and training for all
certified personnel regularly employed in the public schools and having no more
than twelve (12) annual steps. provided, however, that any salary supplement
required under § 16-25.3-2 shall not be considered a step for the purposes of
this section. The term "school year" as applied to the salary
schedule means the ten (10) calendar months beginning in September and ending
the following June.
(b) Nothing in this section
shall prohibit a freeze or reduction of the monetary value of the steps in the
salary schedule through the collective bargaining process.
SECTION 2. Section 16-17.1-16 of the General Laws in
Chapter 16-7.1 entitled “The Rhode Island Student Investment Initiative” is
hereby amended to read as follows:
16-7.1-15. The Rhode Island student investment initiative. –
(a) Each locally or regionally operated school district shall receive as a base
the same amount of school aid as each district received in fiscal year
1997-1998, adjusted to reflect the increases or decreases in aid enacted to
meet the minimum and maximum funding levels established for FY 2000 through FY
2006 FY 2007. Each school district shall also receive school aid through
each investment fund for which that district qualifies pursuant to §§ 16-7.1-8,
16-7.1-9, 16-7.1-10, 16-7.1-11, 16-7.1-12, 16-7.1-16 and 16-7.1-19. These sums
shall be in addition to the base amount described in this section. For FY 2007 FY 2008, the
reference year for the data used in the calculation of aid pursuant to
§16-7.1-8, §16-7.1-9, §16-7.1-10, §16-7.1-11, section 16-7.1-11.1,
§16-7.1-12, and §16-7.1-16, sections 16-7.1-19 and 16-77.1-2(b) shall
be FY 2004. Calculation and distribution of education aid under §§ 16-5-31,
16-5-32, 16-7-20, 16-7-20.5, 16-7-34.2, 16-7-34.3, 16-24-6, 16-54-4, and
16-67-4 is hereby suspended. The funding of the purposes and activities of
chapter 67 of this title, the Rhode Island Literacy and Dropout Prevention Act of
1967, shall be the same amount of the base amount of each district funded for
that purpose in fiscal year 1997-1998. In addition each district shall expend
three percent (3%) of its student equity and early childhood funds under the
provisions of chapter 67 of this title.
(b) Funding for full day
kindergarten programs in accordance with § 16-7.1-11.1 shall be in addition to
funding received under this section.
(c) Funding distributed under
§§ 16-77.1-2(b) and 16-64-1.1 shall be in addition to funding distributed under
this section.
(d) There shall be an
appropriation to ensure that total aid distributed to communities in FY 2007
FY 2008 under this section and §§ 16-7.1-11.1, 16-64-1.1 and
16-77.1-2(b) shall be as follows:
Barrington 2,599,526 2,599,526
Burrillville 13,779,743 13,854,743
Charlestown 2,002,838 2,002,832
Coventry 20,075,081 20,075,081
Cranston 35,580,911 35,580,911
Cumberland 13,257,009 13,257,009
East
Greenwich 1,949,761 1,949,761
East
Providence 26,762,254 26,888,254
Foster
1,416,463 1,416,463
Glocester
3,213,847 3,213,847
Hopkinton
6,241,352 6,241,352
Jamestown
531,908 531,908
Johnston
10,915,364 10,915,364
Lincoln
7,403,268 7,403,268
Little
Compton 368,810 368,810
Middletown 10,497,116 10,497,116
Narragansett 1,897,159 1,897,159
Newport
11,796,080 11,871,080
New
Shoreham 106,345 106,345
North
Kingstown 11,986,005 11,986,005
North
Providence 13,232,872 13,262,872
North
Smithfield 4,834,237 4,834,237
Pawtucket
66,858,559 67,023,559
Portsmouth
6,250,042 6,700,042
Providence
193,974,756 194,109,756
Richmond
6,188,615 6,188,615
Scituate
3,407,183 3,407,183
Smithfield
5,668,568 5,743,568
South
Kingstown 10,428,698 10,548,698
Tiverton
5,932,058 5,932,058
Warwick
37,626,000 37,626,000
Westerly
6,843,077 6,843,077
West
Warwick 20,440,547 20,440,547
Woonsocket
47,616,613 47,616,613
Bristol-Warren
20,498,190 20,498,190
Exeter-West
Greenwich 7,661,019 7,661,019
Chariho
398,334 398,334
Foster-Glocester
5,729,861 5,729,861
Central
Falls 43,313,036 43,873,873
This special provision shall not limit
entitlements as determined by application of other formula provisions in this
section.
(e) Children with
disabilities. (1) Based on its review of special education within the context
of Rhode Island school reform, the general assembly recommends addressing the
needs of all children and preventing disability through scientific research
based, as described in the No Child Left Behind Act of 2001, Title 1, Part B,
Section 1208 [20 U.S.C. § 6368], reading instruction and the development of
Personal Literacy Programs for students in the early grades performing below
grade level in reading and implement a system of student accountability that
will enable the state to track individual students over time. Additionally, the
department of elementary and secondary education must provide districts with
rigorous criteria and procedures for identifying students with learning
disabilities and speech/language impairments. Additional study is required of
factors that influence programming for students with low incidence
disabilities; those with disabilities that severely compromise life functions;
and programming for students with disabilities through urban special education.
Alternatives for funding special education require examination.
(2) All departments and
agencies of the state shall furnish any advice and information, documentary and
otherwise, to the general assembly and its agents that is deemed necessary or
desirable by the study to facilitate the purposes of this section.
SECTION 3. Section 16-25.3-2 of the General Laws in
Chapter 16-25.3 entitled “School Speech and Language Pathologists” is hereby
amended to read as follows:
16-25.3-2. Employment of speech language pathologists. – (a)
Each school district is encouraged by the general assembly to employ one full
time certified speech language pathologist for every forty (40) students who
receive speech language services within the age range of three (3) to
twenty-one (21). In cases where the number of students receiving speech
language services is above forty (40), the school district is encouraged to
employ a speech language pathologist on a part time pro-rata basis.
(b) When a
speech and language evaluation or the provision of speech language services are
being considered or are part of the student's program the speech language
pathologist shall be a member of the multidisciplinary team.
(c) In the
event an individual seeks emergency certification from the department of
elementary and secondary education in the area of speech language pathology,
the individual must meet the following minimum requirements before the granting
of emergency certification by the department of elementary and secondary
education:
(1) Hold a
bachelor's degree in communicative disorders from an accredited college or
university;
(2) Have
successfully completed no less than eighteen (18) hours of graduate credit in
the area of speech language pathology.
(d)
Individuals under emergency certification to conduct the business of a speech
language pathologist shall be under the direct supervision of a certified
speech language pathologist. At no time shall a certified speech language
pathologist supervise more than one emergency certified speech language
pathologist.
(e) Any licensed
speech language pathologist who has met the requirements and acquired a
Certificate of Clinical Competence from the American Speech-Language-Hearing
Association, and who is employed full-time as a speech language pathologist
by a school district, shall be entitled to receive an annual salary supplement
of one thousand seven hundred fifty dollars ($1,750) for school year 2007
only, in addition to any other compensation to which the employee may be
entitled.
Any licensed speech language
pathologist who has met the requirements and acquired a Certificate of Clinical
Competence from the American Speech-Language-Hearing Association and is
employed full-time by a school district shall submit documentation to the
department of elementary and secondary education, and to the local school
district by December 1, in order to be eligible to receive the salary
supplement in the next immediate school year, except for the school year 2007,
in which documentation shall be submitted to the department of elementary and
secondary education and the local school district by October 1 in order to be
eligible to receive the salary supplement in that school year. The department
of elementary and secondary education shall, within thirty (30) days, notify
the school district if the documentation provided by the employee is inadequate
to show proof of certification, thereby rendering the employee ineligible for
the salary supplement in the next immediate school year; provided, however,
that if the employee provides additional information, with fifteen (15) days of
notification of ineligibility, verifying certification, that employee shall be
entitled to receive the salary supplement in the next immediate school year.
(f) Local school districts
shall be reimbursed by the state for costs attributable to the salary
supplements provided for in this act.
SECTION
4. Section 16-25.3-2 of the General Laws in Chapter
16-25.3 entitled "School Speech and Language Pathologists" is hereby
amended to read as follows:
16-25.3-2. Employment of speech language pathologists. --
(a) Each school district is encouraged by the general assembly to employ one
full time certified speech language pathologist for every forty (40) students
who receive speech language services within the age range of three (3) to
twenty-one (21). In cases where the number of students receiving speech
language services is above forty (40), the school district is encouraged to
employ a speech language pathologist on a part time pro-rata basis.
(b) When a speech and language evaluation or the provision of
speech language services are being considered or are part of the student's
program the speech language pathologist shall be a member of the
multidisciplinary team.
(c) In the event an individual seeks emergency certification from
the department of elementary and secondary education in the area of speech
language pathology, the individual must meet the following minimum requirements
before the granting of emergency certification by the department of elementary
and secondary education:
(1) Hold a bachelor's degree in communicative disorders from an
accredited college or university;
(2) Have successfully completed no less than eighteen (18) hours
of graduate credit in the area of speech language pathology.
(d) Individuals under emergency certification to conduct the
business of a speech language pathologist shall be under the direct supervision
of a certified speech language pathologist. At no time shall a certified speech
language pathologist supervise more than one emergency certified speech
language pathologist.
(e) Any licensed speech language pathologist who has met the
requirements and acquired a Certificate of Clinical Competence from the
American Speech-Language-Hearing Association, and who is employed by a school
district, shall be entitled to receive an annual salary supplement of one
thousand seven hundred fifty dollars ($1,750), in addition to any other
compensation to which the employee may be entitled.
Any licensed speech language pathologist who has met the
requirements and acquired a Certificate of Clinical Competence from the
American Speech-Language-Hearing Association shall submit documentation to the
department of elementary and secondary education, and to the local school
district by December 1, in order to be eligible to receive the salary
supplement in the next immediate school year, except for the school year 2007,
in which documentation shall be submitted to the department of elementary and
secondary education and the local school district by October 1 in order to be
eligible to receive the salary supplement in that school year. The department of elementary and secondary
education shall, within thirty (30) days, notify the school district if the
documentation provided by the employee is inadequate to show proof of
certification, thereby rendering the employee ineligible for the salary
supplement in the next immediate school year; provided, however, that if the
employee provides additional information, with fifteen (15) days of
notification of ineligibility, verifying certification, that employee shall be
entitled to receive the salary supplement in the next immediate school year.
(f) Local school districts shall be reimbursed by the state for
costs attributable to the salary supplements provided for in this act.
SECTION 5. Chapter 16-47 of the General Laws entitled
“Compact for Education” is hereby repealed in its entirety:
16-47-1. Compact. – The
interstate compact for education is enacted into law and entered into by this
state with all states legally joining in the compact in the form substantially
as follows:
ARTICLE
I
Purpose
and Policy
A. It is the purpose of this
compact to:
1. Establish and maintain
close cooperation and understanding among executive, legislative, professional
educational and lay leadership on a nationwide basis at the state and local
levels.
2. Provide a forum for the
discussion, development, crystalization and recommendation of public policy
alternatives in the field of education.
3. Provide a clearing house
of information on matters relating to educational problems and how they are
being met in different places throughout the nation, so that the executive and
legislative branches of state government and of local communities may have
ready access to the experience and record of the entire country, and so that
both lay and professional groups in the field of education may have additional
avenues for the sharing of experience and the interchange of ideas in the
formation of public policy in education.
4. Facilitate the improvement
of state and local educational systems so that all of them will be able to meet
adequate and desirable goals in a society which requires continuous qualitative
and quantitative advance in educational opportunities, methods and facilities.
B. It is the policy of this
compact to encourage and promote local and state initiative in the development,
maintenance, improvement and administration of educational systems and
institutions in a manner which will accord with the needs and advantages of diversity
among localities and states.
C. The party states recognize
that each of them has an interest in the quality and quantity of education
furnished in each of the other states, as well as in the excellence of its own
educational systems and institutions, because of the highly mobile character of
individuals within the nation, and because the products and services
contributing to the health, welfare and economic advancement of each state are
supplied in significant part by persons educated in other states.
ARTICLE
II
State
Defined
As used in the compact,
"State" means state, territory, or possession of the United States,
the District of Columbia, or the Commonwealth of Puerto Rico.
ARTICLE
III
The
Commission
A. The educational commission
of the states, hereinafter called "The commission", is hereby
established. The commission shall consist of seven (7) members representing
each party state. One of such members shall be the governor; two (2) shall be
members of the state legislature selected by its respective houses and serving
in such manner as the legislature may determine; and four (4) shall be
appointed by and serve at the pleasure of the governor, unless the laws of the
state otherwise provide. If the laws of a state prevent legislators from
serving on the commission, six (6) members shall be appointed by and serve at
the pleasure of the governor, unless the laws of the state otherwise provide.
In addition to any other principles or requirements which a state may establish
for the appointment and service of its members of the commission, the guiding
principle for the composition of the membership on the commission from each
party state shall be that the members representing such state shall, by virtue
of their training, experience, knowledge or affiliations be in a position
collectively to reflect broadly the interests of the state government, higher
education, the state education system, local education, lay and professional,
public and non-public educational leadership. Of those appointees, one shall be
the head of a state agency or institution, designated by the governor, having
responsibility for one or more programs of public education. In addition to the
members of the commission representing the party states, there may be not to exceed
ten (10) non-voting commissioners selected by the steering committee for terms
of one year. Such commissioners shall represent leading national organizations
of professional educators or persons concerned with educational administration.
B. The members of the
commission shall be entitled to one vote each on the commission. No action of
the commission shall be binding unless taken at a meeting at which a majority
of the total number of votes on the commission are cast in favor thereof.
Action of the commission shall be only at a meeting at which a majority of the
commissioners are present. The commission shall meet at least once a year. In
its by-laws, and subject to such directions and limitations as may be contained
therein, the commission may delegate the exercise of any of its powers to the
steering committee or the executive director, except for the power to approve
budgets or requests for appropriations, the power to make policy
recommendations pursuant to article IV and adoption of the annual report
pursuant to article III (J).
C. The commission shall have
a seal.
D. The commission shall elect
annually, from among its members, a chairperson, who shall be a governor, a
vice chairperson and a treasurer. The commission shall provide for the
appointment of an executive director. Such executive director shall serve at
the pleasure of the commission, and together with the treasurer and such other
personnel as the commission may deem appropriate shall be bonded in such amount
as the commission shall determine. The executive director shall be secretary.
E. Irrespective of the civil
service, personnel or other merit system laws of any of the party states, the
executive director subject to the approval of the steering committee shall
appoint, remove or discharge such personnel as may be necessary for the
performance of the functions of the commission, and shall fix the duties and
compensation of such personnel. The commission in its bylaws shall provide for
the personnel policies and programs of the commission.
F. The commission may borrow,
accept or contract for the services of personnel from any party jurisdiction,
the United States, or any subdivision or agency of the aforementioned
governments, or from any agency of two (2) or more of the party jurisdictions
or their subdivisions.
G. The commission may accept
for any of its purposes and functions under this compact any and all donations,
and grants of money, equipment, supplies, materials and services, conditional
or otherwise, from any state, the United States, or any other governmental
agency, or from any person, firm, association, foundation, or corporation, and
may receive, utilize and dispose of the same. Any donation or grant accepted by
the commission pursuant to this paragraph or services borrowed pursuant to
paragraph (F) of this article shall be reported in the annual report of the
commission. Such report shall include the nature, amount and conditions, if
any, of the donation, grant, or services borrowed, and the identity of the
donor or lender.
H. The commission may
establish and maintain such facilities as may be necessary for the transacting
of its business. The commission may acquire, hold, and convey real and personal
property and any interest therein.
I. The commission shall adopt
bylaws for the conduct of its business and shall have the power to amend and
rescind these bylaws. The commission shall publish its bylaws in convenient
form and shall file a copy thereof and a copy of any amendments thereto, with
the appropriate agency or officer in each of the party states.
J. The commission annually
shall make to the governor and legislature of each party state a report
covering the activities of the commission for the preceding year. The
commission may make such additional reports as it may deem desirable.
ARTICLE
IV
Powers
In addition to authority
conferred on the commission by other provisions of the compact, the commission
shall have authority to:
1. Collect, correlate,
analyze and interpret information and data concerning educational needs and
resources.
2. Encourage and foster
research in all aspects of education, but with special reference to the
desirable scope of instruction, organization, administration, and instructional
methods and standards employed or suitable for employment in public educational
systems.
3. Develop proposals for
adequate financing of education as a whole and at each of its many levels.
4. Conduct or participate in
research of the types referred to in this article in any instance where the commission
finds that such research is necessary for the advancement of the purposes and
policies of this compact, utilizing fully the resources of national
associations, regional compact organizations for higher education, and other
agencies and institutions, both public and private.
5. Formulate suggested
policies and plans for the improvement of public education as a whole, or for
any segment thereof, and make recommendations with respect thereto available to
the appropriate governmental units, agencies and public officials.
6. Do such other things as
may be necessary or incidental to the administration of any of its authority or
functions pursuant to this compact.
ARTICLE
V
Cooperation
with Federal Government
A. If the laws of the United
States specifically so provide, or if administrative provision is made
therefore within the federal government, the United States may be represented
on the commission by not to exceed ten (10) representatives. Any such
representative or representatives of the United States shall be appointed and
serve in such manner as may be provided by or pursuant to federal law, and may
be drawn from any one or more branches of the federal government, but no such
representative shall have a vote on the commission.
B. The commission may provide
information and make recommendations to any executive or legislative agency or
officer of the federal government concerning the common educational policies of
the states, and may advise with any such agencies or officers concerning any
matter of mutual interest.
ARTICLE
VI
Committees
A. To assist in the
expeditious conduct of its business when the full commission is not meeting,
the commission shall elect a steering committee of thirty (30) members which,
subject to the provisions of this compact and consistent with the policies of
the commission, shall be constituted and function as provided in the by-laws of
the commission. One-third (1/3) of the voting membership of the steering
committee shall consist of governors, and the remainder shall consist of other
members of the commission. A federal representative on the commission may serve
with the steering committee, but without vote. The voting members of the
steering committee shall serve for terms of two (2) years, except that members
elected to the first steering committee of the commission shall be elected as
follows: fifteen (15) for one year and fifteen (15) for two (2) years. The
chairperson, vice chairperson, and treasurer of the commission shall be members
of the steering committee and, anything in this paragraph to the contrary
notwithstanding, shall serve during their continuance in these offices.
Vacancies in the steering committee shall not affect its authority to act, but
the commission at its next regularly ensuing meeting following the occurrence
of any vacancy shall fill it for the unexpired term. No person shall serve more
than two (2) terms as a member of the steering committee: provided that service
for a partial term of one year or less shall not be counted toward the two (2)
term limitation.
B. The commission may
establish advisory and technical committees composed of state, local, and
federal officials, and private persons to advise it with respect to any one or
more of its functions. Any advisory or technical committee may, on request of
the states concerned, be established to consider any matter of special concern
to two (2) or more of the party states.
C. The commission may
establish such additional committees as its by-laws may provide.
ARTICLE
VII
Finance
A. The commission shall
advise the governor or designated officer or officers of each party state of
its budget and estimated expenditures for such period as may be required by the
laws of that party state. Each of the commission's budgets of estimated
expenditures shall contain specific recommendations of the amount or amounts to
be appropriated by each of the party states.
B. The total amount of
appropriation requests under any budget shall be apportioned among the party
states. In making such apportionment, the commission shall devise and employ a
formula which takes equitable account of the populations and per capita income
levels of the party states.
C. The commission shall not
pledge the credit of any party states. The commission may meet any of its
obligations in whole or in part with funds available to it pursuant to article
III(G) of this compact, provided that the commission takes specific action
setting aside such funds prior to incurring an obligation to be met in whole or
in part in such manner. Except where the commission makes use of funds
available to it pursuant to article III(G) thereof, the commission shall not
incur any obligation prior to the allotment of funds by the party states
adequate to meet the same.
D. The commission shall keep
accurate accounts of all receipts and disbursements. The receipts and
disbursements of the commission shall be subject to the audit and accounting
procedures established by its bylaws. However, all receipts and disbursements
of funds handled by the commission shall be audited yearly by a qualified
public accountant, and the report of the audit shall be included in and become
part of the annual reports of the commission.
E. The accounts of the
commission shall be open at any reasonable time for inspection by duly constituted
officers of the party states and by any persons authorized by the commission.
F. Nothing contained herein
shall be construed to prevent commission compliance with laws relating to audit
or inspection of accounts by or on behalf of any government contributing to the
support of the commission.
ARTICLE
VIII
Eligible
Parties; Entry into and Withdrawal
A. This compact shall have as
eligible parties all states, territories, and possessions of the United States,
the District of Columbia, and the Commonwealth of Puerto Rico. In respect of
any such jurisdiction not having a governor, the term "governor", as
used in this compact, shall mean the closest equivalent official of such
jurisdiction.
B. Any state or other eligible
jurisdiction may enter into this compact and it shall become binding thereon
when it has adopted the same: provided that in order to enter into initial
effect, adoption by at least ten (10) eligible party jurisdictions shall be
required.
C. Adoption of the compact
may be either by enactment thereof or by adherence thereto by the governor;
provided that in the absence of enactment, adherence by the governor shall be
sufficient to make his state a party only until December 31, 1967. During any
period when a state is participating in this compact through gubernatorial
action, the governor shall appoint those persons who, in addition to himself or
herself, shall serve as the members of the commission from his or her state,
and shall provide to the commission an equitable share of the financial support
of the commission from any source available to him or her.
D. Except for a withdrawal
effective on December 31, 1967, in accordance with paragraph C of this article,
any party state may withdraw from this compact by enacting a statute repealing
the same, but no such withdrawal shall take effect until one year after the
governor of the withdrawing state has given notice in writing of the withdrawal
to the governors of all other party states. No withdrawal shall affect any
liability already incurred by or chargeable to a party state prior to the time
of such withdrawal.
ARTICLE
IX
Construction
and Severability
This compact shall be
liberally construed so as to effectuate the purposes thereof. The provisions of
this compact shall be severable and if any phrase, clause, sentence or
provision of this compact is declared to be contrary to the constitution of any
state or of the United States, or the applicability thereof to any government,
agency, person or circumstance is held invalid, the validity of the remainder
of this compact and the applicability thereof to any government, agency, person
or circumstance shall not be affected thereby. If this compact shall be held
contrary to the constitution of any state participating therein, the compact
shall remain in full force and effect as to the state affected as to all
severable matters.
SECTION
6. Section 16-64-1.1 of the General Laws in Chapter
16-64 entitled "Residence of Children for School Purposes" is hereby
amended to read as follows:
16-64-1.1. Payment and reimbursement for educational costs of children
placed in foster care, group homes, or other residential facility by a Rhode
Island state agency. -- (a) Children placed in foster care
by a Rhode Island licensed child placing agency or a Rhode Island governmental
agency shall be entitled to the same free appropriate public education provided
to all other residents of the city or town where the child is placed. The city
or town shall pay the cost of the education of the child during the time the
child is in foster care in the city or town.
(b) Children placed by DCYF in a group home or other residential
facility that does not include the delivery of educational services are to be
educated by the community in which the group home or other residential facility
is located, and those children shall be entitled to the same free appropriate
public education provided to all other residents of the city or town where the
child is placed. For purposes of payment and reimbursement for educational
costs under this chapter, the term "group home or other residential
facility" shall not include independent living programs. Each city and
town that contains one or more group homes or other residential facilities that
do not include delivery of educational services will receive funds as part of
state aid to education in accordance with the following provisions:
(1) On June 30 December 31 of each year the DCYF
shall provide the department of elementary and secondary education with a
precise count of how many group home or other residential facility
"beds" exist in each Rhode Island city or town, counting only those
"beds" in facilities that do not include the delivery of educational
services. The number of "beds" in each group home or other
residential facility shall be equal to the maximum number of children that may
be placed in that group home or other residential facility on any given night
according to the applicable licensure standards of the DCYF. This
notification shall also include an estimate of the number of group home beds by
city or town that are projected to be licensed by DCYF between July 1 and
December 31 of each year.
(2) On June 30 of each year
the DCYF shall provide the department of elementary and secondary education
with a precise count of the total number of students aged three (3) to
twenty-one (21) in DCYF care on that date who reside in group homes in the
state of Rhode Island, as well as an accurate accounting of the percentage of
those children that are eligible for special education and related services
pursuant to the Individuals with Disabilities Education Act [20 U.S.C. section
1400 et seq.]as of that date;
(2) For the fiscal year
beginning July 1, 2007, if the number of beds certified by the Department of
Children, Youth and Families for a school district by December 31, 2007 is
greater than the number certified March 14, 2007 upon which the education aid
for FY 2008 was appropriated, the education aid for that district will be
increased by the number of increased beds multiplied by fifteen thousand
dollars ($15,000). Notwithstanding the provisions of this section or any law to
the contrary, the education aid for all group home or other residential
facility "beds" located or associated with the Children's Residential
and Family Treatment (CRAFT) program located on the East Providence campus of
Bradley Hospital shall be twenty-two thousand dollars ($22,000) per bed. The
Department of Elementary and Secondary Education shall include the additional
aid in equal payments in March, April, May and June, and the Governor's budget
recommendations pursuant to section 35-3-8 shall include the amounts required
to provide the increased aid.
For all fiscal years
beginning after June 30, 2008, education aid for each school district shall
include fifteen thousand dollars ($15,000) for each bed certified by the
Department of Children, Youth and Families by the preceding December 31.
Notwithstanding the provisions of this section or any law to the contrary, the
education aid for all group home or other residential facility "beds"
located or associated with the Children's Residential and Family Treatment
(CRAFT) program located on the East Providence campus of Bradley Hospital shall
be twenty-two thousand dollars ($22,000) per bed. For all fiscal years
beginning after June 30, 2008, whenever the number of beds certified by the
Department of Children, Youth and Families for a school district by December 31
is greater than the number certified the prior December 31 upon which the
education aid for that fiscal year was appropriated, the education aid for that
district as enacted by the assembly during the prior legislative session for
that fiscal year will be increased by the number of increased beds multiplied
by the amount per bed authorized for that fiscal year. The Department of
Elementary and Secondary Education shall include the additional aid in equal
payments in March, April, May and June, and the Governor's budget
recommendations pursuant to section 35-3-8 shall include the amounts required
to provide the increased aid.
(3) Each city or town shall receive state education aid in an
amount equal to the number of group home or other residential facility
"beds" in that community multiplied by a per pupil rate.,
subject to appropriation, intended to reflect the average cost per pupil based
on the blend of regular education and special education students in group homes
as derived from figures supplied on June 30 of the reference year as defined in
section 16-7-16(11). Each city or town shall receive an additional per pupil
rate for beds certified by DCYF as licensed between July 1 and December 31 of
each year. Any city or town may petition the commissioner of elementary and
secondary education for additional state education aid pursuant to this section
in any year in which the total number of group home or other residential
facility "beds" is increased by more than five (5) in any annual
cycle.
(4) The general assembly
shall annually appropriate a sum sufficient to distribute to each city or town
the aid required by this subsection based upon the DCYF count provided on June
30 of the reference year as defined in section 16-7-16(11) and that aid shall
be distributed by the department of elementary and secondary education. For an
appropriation to be made for payments to be made for the 2001-2002 school year
the DCYF shall establish a count as required in this subsection upon passage of
this legislation [July 5, 2001] This count shall be determined based on the
group home and other residential facility "beds" in existence in each
community as of December 31 of the preceding year.
(5) For fiscal year 2007, aid received pursuant to this section
shall be equal to aid received in the fiscal year 2006 enacted budget. However,
notwithstanding the language in subsection 3 limiting requests for additional
aid to the year in which facility "beds" have increased by more than
five (5) in that annual cycle, communities may, pursuant to subsection 3,
petition in the fiscal year 2007 for additional aid based upon an increase of
more than five (5) "beds" subsequent to the passage of the fiscal
year 2006 budget enacted by the 2005 General Assembly.
(c) Children placed by DCYF in a residential treatment program,
group home, or other residential facility, whether or not located in the state
of Rhode Island, which includes the delivery of educational services, provided
by that facility (excluding facilities where students are taught on grounds for
periods of time by teaching staff provided by the school district in which the
facility is located), shall have the cost of their education paid for as
provided for in subsection (d) of this section and section 16-64-1.2. The city
or town determined to be responsible to DYCF for a per-pupil special education
cost pursuant to section 16-64-1.2 shall pay its share of the cost of
educational services to DCYF or to the facility providing educational services.
(d) Children placed by DCYF in group homes, child caring
facilities, community residences, or other residential facilities shall have
the entire cost of their education paid for by DCYF if:
(1) The facility is operated by the state of Rhode Island or the
facility has a contract with DCYF to fund a pre-determined number of placements
or part of the facility's program;
(2) The facility is state-licensed; and
(3) The facility operates an approved on-grounds educational
program, whether or not the child attends the on-grounds program.
SECTION 7. Sections 3 and 5 of this article shall take effect as of July 1, 2006; the remainder of this article shall take effect on July 1, 2007.