Chapter 151

2008 -- H 7009

Enacted 07/01/08

 

A N A C T

RELATING TO EDUCATION -- PAUL W. CROWLEY RHODE ISLAND STUDENT INVESTMENT INITIATIVE

          

     Introduced By: Representatives Costantino, Fox, Shanley, Kilmartin, and Jackson

     Date Introduced: January 01, 2008

   

It is enacted by the General Assembly as follows:

 

     SECTION 1. The title of Chapter 16-7.1 of the General Laws entitled "The Rhode Island

Student Investment Initiative" is hereby amended to read as follows:

 

     CHAPTER 16-7.1

The Rhode Island Student Investment Initiative

 

     CHAPTER 16-7.1

THE PAUL W. CROWLEY RHODE ISLAND STUDENT INVESTMENT INITIATIVE

 

     Sections 16-7.1-1, 16-7.1-2, 16-7.1-3, 16-7.1-4, 16-7.1-5, 16-7.1-6, 16-7.1-7, 16-7.1-8, 16-7.1-9, 16-7.1-10, 16-7.1-11, 16-7.1-11.1, 16-7.1-12, 16-7.1-13, 16-7.1-14, 16-7.1-15, 16-7.1-16, 16-7.1-17, 16-7.1-18 and 16-7.1-19 of the General Laws in Chapter 16-7.1 entitled "The Rhode Island Student Investment Initiative" are included herein as follows:

 

     16-7.1-1. Legislative findings. -- (a) Legislative intent. - (1) The intent of this legislation

is to enact a comprehensive state education aid funding program which addresses four (4)

fundamental principles:

      (i) Closing the inequitable resource gaps among school districts and schools;

      (ii) Closing inequitable gaps in performance and achievement among different groups of

students, especially those correlated with poverty, gender, and language background;

      (iii) Targeting investments to improve student and school performance; and

      (iv) Establishing a predictable method of distributing state education aid in a manner that

addresses the over-reliance on the property tax to finance education.

      (2) This legislation is further designed to accelerate the implementation of the State

Comprehensive Education Strategy. The strategy is an action plan for ensuring that all children

achieve at high levels and become lifelong learners, productive workers, and responsible citizens.

The standard for expected student achievement is currently being set at a high level both by the

board of regents and in Rhode Island's districts and schools. High standards must be supported

and these expectations must now be reached by all our students. All the state's children must

enjoy the success that comes with proficiency in skill and knowledge.

      (b) Evaluation of success. Improved student and school performance is the key

measure of the success of Rhode Island's schools. This success cannot occur without investment

based on the four (4) fundamental principles as stated in subsection (a) of this section. The

success of these investments shall be evaluated based on: accountability for student and school

performance; accountability in terms of whether the state's investment is sufficiently adequate

and equitable to support improvement in performance; and on accountability for district and

school expenditures.

 

     16-7.1-2. Accountability for student performance. -- (a) The board of regents shall

adopt and publish statewide standards of performance and performance benchmarks in core

subject areas to include writing and mathematics (grades four (4), eight (8), and ten (10)). These

standards and performance benchmarks shall be ratified by the board and implemented, and

performance standards and performance benchmarks for reading in two (2) grades shall be added.

      (b) Districts and schools need to be held accountable for student performance results.

Therefore, every school district receiving state education aid under this title shall develop a

district strategic plan. The district strategic plan shall: (1) be based on high academic standards

for student performance consistent with the statewide standards and benchmarks; (2) be the

product of a shared community wide process which defines a vision of what students should

know and be able to do; (3) address the needs of each school in the district; (4) encourage the

development of school-based improvement planning and implementation; (5) include a process

for mentoring of new teachers; (6) be designed to improve student achievement with emphasis on

closing the performance gaps among groups of students such as the performance gaps correlated

with poverty, gender, language background, and disability; (7) include establishment of student

intervention teams to address the instructional needs of diverse learners, include high standards of

student behavior designed to create an orderly educational environment with due regard for the

rights of students, and an asset protection plan; and (8) be consistent with Rhode Island's

comprehensive education strategy. In order to assure the most efficient use of resources

implementing strategic plans, districts and schools are encouraged to work together as consortia

and as part of the regional collaboratives.

      (c) (1) The strategic plan shall include strategies to improve the performance of students

in mathematics, reading, and writing. Each plan must describe a scientific research based, as

described in the No Child Left Behind Act of 2001, Title 1, Part B, Section 1208 [20 U.S.C.

section 6368] reading instruction to improve the reading skills of all students in the early grades

(kindergarten through grade five (5)) that is aligned with the board of regents reading policy. The

district must develop, implement and evaluate a Personal Literacy Program for each student in

these grades who is performing below grade level. These strategies shall be based on the adequate

yearly progress expected for students and schools. Annual performance targets for determining

whether schools and districts have made adequate yearly progress will be set by the commissioner

of elementary and secondary education. The general assembly expects these district strategies to

increase the number of fourth grade students performing at or above the proficient standard in

mathematics, reading, and writing in each district and school. The increase shall be established

annually in accordance with section 16-7.1-4.

      (2) The general assembly recognizes the contribution of school counselors to positive

educational change, to the implementation of the No Child Left Behind Act of 2001, and to the

success of students in three (3) developmental domains: academic, career, and personal/social. It

endorses the National Standards for School Counseling Programs as developed by the American

School Counselor Association (ASCA). Further, the general assembly encourages every district

to implement a K-12 standards-based comprehensive, developmental school counseling program.

      (d) Each strategic plan must indicate the manner in which self-studies will be completed

at the school level in accordance with guidelines established by the commissioner. Funds shall be

appropriated to the department of elementary and secondary education to assist districts with on-

site reviews. Schools to be visited shall be determined by the commissioner.

      (e) Each strategic plan must indicate the method in which school administrators and staff

shall achieve and maintain an orderly educational environment in accordance with due process

and with due regard for the rights of students.

      (f) Each strategic plan shall include the development of inter-agency agreements for the

coordination of services among state and local agencies responsible for service to children and

families. These agreements shall address the identification and provision of services to pre-school

children with disabilities and children and youth with behavioral health care needs.

      (g) All district strategic plans and annual updates shall be submitted to the commissioner

of elementary and secondary education no later than May 1, of each year.

      (h) All strategic plans shall include strategies to decrease obesity and improve the health

and wellness of students and employees through nutrition, physical activity, health education, and

physical education. Said strategies shall be submitted by May 1st of each year to the Rhode Island

department of elementary and secondary education and the Rhode Island department of health.

 

     16-7.1-3. Accountability for district and school expenditures. -- All school districts

shall implement a uniform program to track educational expenditures and investments. All school

districts shall prepare annual reports of its programs which shall be submitted to the department

of elementary and secondary education by July 31 of each year. The business office in each

school district shall annually declare that the facts and figures presented in the district expenditure

report are accurate to the best of their knowledge. In the event that a report is not submitted

within thirty days of July 31, state educational aid to the school district may be withheld. In

addition, each school committee shall annually ratify the district expenditure report and transmit

the report to the commissioner of elementary and secondary education no later than September 30

of each year. Furthermore, the commissioner of elementary and secondary education in

conjunction with the Rhode Island Association of School Business Officials shall determine the

feasibility of and implement when appropriate a standard chart of accounts for all school districts.

If implemented, the municipalities shall integrate use of this chart of accounts with municipal

accounts as appropriate.

 

     16-7.1-4. Annual report by Commissioner of Elementary and Secondary Education.

-- On or before March 31 of each year, the commissioner of elementary and secondary education

shall annually publish a report detailing school district and individual school performance

consistent with section 16-60-4(22). This report shall also set annual performance benchmarks.

Also, the commissioner of elementary and secondary education shall report to the house of

representatives and the senate, sitting as the grand committee, no later than March 31 of each

year, the status of district and school performance, status of the level of the state's investment in

education, and the status of district and school expenditures.

 

     16-7.1-5. Intervention and support for failing schools. -- (a) The board of regents shall

adopt a series of progressive support and intervention strategies consistent with the

Comprehensive Education Strategy and the principles of the "School Accountability for Learning

and Teaching" (SALT) of the board of regents for those schools and school districts that continue

to fall short of performance goals outlined in the district strategic plans. These strategies shall

initially focus on: (1) technical assistance in improvement planning, curriculum alignment,

student assessment, instruction, and family and community involvement; (2) policy support; (3)

resource oversight to assess and recommend that each school has adequate resources necessary to

meet performance goal; and (4) creating supportive partnerships with education institutions,

business, governmental, or other appropriate nonprofit agencies. If after a three (3) year period of

support there has not been improvement in the education of students as determined by objective

criteria to be developed by the board of regents, then there shall be progressive levels of control

by the department of elementary and secondary education over the school and/or district budget,

program, and/or personnel. This control by the department of elementary and secondary

education may be exercised in collaboration with the school district and the municipality. If

further needed, the school shall be reconstituted. Reconstitution responsibility is delegated to the

board of regents and may range from restructuring the school's governance, budget, program,

personnel, and/or may include decisions regarding the continued operation of the school. The

board of regents shall assess the district's capacity and may recommend the provision of

additional district, municipal and/or state resources. If a school or school district is under the

board of regents' control as a result of actions taken by the board pursuant to this section, the local

school committee shall be responsible for funding that school or school district at the same level

as in the prior academic year increased by the same percentage as the state total of school aid is

increased.

      (b) For FY 2007, the department shall dedicate one hundred thousand dollars ($100,000)

from funds appropriated to support progressive support and intervention and SALT visits to

support the Rhode island Consortium for Instructional Leadership and Training. This consortium

is engaged in training school leaders to be more effective instructional leaders in the standards

based instruction environment.

 

     16-7.1-6. Core instruction equity fund. -- The general assembly recognizes that Rhode

Island cities and towns primarily rely on the local property tax to finance education programs, and

that the state's highest effective property tax rates are concentrated in the state's urban

communities. Therefore, certain communities, because of low tax capacity and high tax effort, are

unable to appropriate sufficient funds for the support of core instructional programs. The general

assembly also recognizes the need to reduce inequities in resource distribution among the state's

cities and towns as well as among the state's districts and schools. Therefore, the general

assembly establishes the Core Instructional Equity Fund to improve the capacity of cities and

towns to support the core instruction activities that are the basis of daily teaching and learning in

all classrooms. The general assembly shall annually appropriate and distribute some sum to meet

these needs. The sum shall be distributed based upon the following formula:

      (1) Data. - Data used for the following calculations are defined as follows:

      (i) Population (state and municipal) shall be included from the most recent census;

      (ii) Equalized weighted assessed valuations (EWAV) from the most recently completed

and certified study pursuant to section 16-7-21;

      (iii) Most recent tax data certified by the local assessors to the department of

administration, and core instructional per pupil cost as determined by the commissioner of

elementary and secondary education;

      (iv) Most recent resident average daily membership (ADM) pursuant to section 16-7-22;

      (2) Methodology.

      (i) Community Property Tax Capacity Index Calculation

      Calculate statewide tax rate:

      Step 1: total statewide property tax yield/total statewide property tax base (EWAV) =

state average tax rate

      Step 2: calculate statewide yield per capita:

      Total statewide property tax yield/state population (most recent census) = state property

tax yield per capita

      Step 3: calculate municipal property tax yield per capita:

      Municipal property tax yield/population = municipal property tax yield per capita

      Step 4: calculate municipal property tax capacity:

      (Municipal property tax yield per capita/state property tax yield per capita) * 100 =

Community property tax capacity index

      (ii) Total Tax Capacity Index Calculation:

      Step 5: calculate community hypothetical property tax yield per capita:

      (Statewide tax rate * municipal property tax base (EWAV))/community population =

Hypothetical community property tax yield per capita

      Step 6: calculate total tax capacity index:

      (Hypothetical municipal yield per capita/state average property tax yield per capita) *

100 = total tax capacity index

      (iii) Tax Effort Index Calculation:

      Calculate property tax effort calculation:

      Step 7: (Municipal property tax yield per capita/hypothetical municipal property tax

yield per capita) * 100 = Property Tax Effort Index

      (iv) Capacity/Effort Index

      Calculation of the equity index:

      Step 8: (Property tax capacity index/tax effort index = Equity index

      (v) Instructional Cost Per Pupil

      Calculate the instructional cost per ADM:

      Step 9: core instructional district cost degrees istrict ADM = per pupil core instructional

district cost

      Step 10: select the statewide average per pupil instructional cost

      Step 11: state average per pupil core instructional cost s district per pupil core

instructional cost = core gap

      Step 12: core gap * ADM = weighted difference.

      (3) Eligibility to receive funds. - Only those districts which have a gap in instructional

core funding and which have capacity of less than 0.50 per the equity index are eligible to receive

funds under this provision.

      (4) For FY 2003, districts shall receive the greater of the dollar amount received in FY

2002 or the dollar amount calculated as the FY 2003 entitlement. For FY 2003, ten percent (10%)

of these funds shall, in addition to the purposes enumerated above, be used to increase student

and school performance, and shall be only spent with the prior approval of the commissioner of

elementary and secondary education.

 

     16-7.1-7. [Repealed.] –

 

     16-7.1-8. Student equity investment fund. -- The general assembly recognizes the need

to improve fourth grade performances in mathematics, reading, and writing. Therefore, the

general assembly establishes the Student Equity Investment Fund to target students identified as

those requiring additional educational services. The general assembly shall annually appropriate

some sum and distribute it based on each district's proportion of resident children eligible for

USDA reimbursable school meals relative to the total number of eligible students statewide. For

the purposes of this section, the date as of eligibility for USDA reimbursable meals shall be

determined by the June report of the reference year as defined in section 16-7-16. These resources

shall be used to close student performance gaps in accordance with the district's strategic plan

pursuant to section 16-7.1-2. Beginning in FY 2003, the commissioner of elementary and

secondary education may require a district to use up to five percent (5%) of the funds allocated by

this section to increase student and school performance. The five percent (5%) set aside funds

shall only be spent with the prior approval of the commissioner of elementary and secondary

education.

 

     16-7.1-9. Student language assistance investment fund. -- The general assembly

recognizes the strength Rhode Island's growing cultural diversity brings to the overall economic

and social health of the state. Therefore, the general assembly establishes the Student Language

Assistance Investment Fund to target state resources to assist students who require additional

language educational services. The general assembly shall annually appropriate some sum and

distribute it based on each district's proportion of limited English proficiency students statewide

in the reference year as defined in section 16-7-16. These resources shall be used to close student

performance gaps in accordance with the district's strategic plan pursuant to section 16-7.1-2.

 

     16-7.1-10. Professional development investment fund. -- (a) In order to continue

developing the skills of Rhode Island's teachers, administrators and staff, the general assembly

establishes a Professional Development Investment Fund. The general assembly shall annually

appropriate some sum and distribute it based on a pupil-teacher ratio that shall be adjusted

annually by the commissioner of elementary and secondary education. School districts, including

collaboratives established pursuant to chapter 3.1 of this title, may use funds received under this

category of education aid to replace up to, but no more than, fifty percent (50%) of the amount

the school district spent for professional development programs in the previous fiscal year. The

expenditure of these funds shall be determined by a committee at each school consisting of the

school principal, two (2) teachers selected by the teaching staff of the school, and two (2) parents

of students attending the school. Schools that enroll students in the early grades (kindergarten

through grade three (3)) must expend these funds on the development of scientific research based,

as described in the No Child Left Behind Act of 2001, Title 1, Part B, Section 1208 [20 U.S.C.

section 6368] reading instruction to improve students reading performance.

      Schools that have met their performance targets in reading for the current academic year

and are not designated as a school in need of improvement, may expend their Professional

Development Investment Funds on professional development in the core academic subjects of

mathematics, writing, or reading to improve student performance.

      Collaborative programs between schools are encouraged. These resources shall be used

to close student performance gaps in accordance with the school's and district's strategic plan

pursuant to section 16-7.1-2. Additional funds shall be allocated to the department of elementary

and secondary education to support teacher and administrator professional development in all

districts, including, but not limited to:

      (1) Supporting mentoring systems;

      (2) Providing school districts with program support to assist teachers in local school

districts to improve reading instruction and enhance the integration of reading throughout the

curriculum with the goal of improving student performance to high standards;

      (3) Support for the design and implementation of leadership development for the teacher

to assume leadership roles or ultimately prepare for administrator;

      (4) Development of a plan for formal training of school leaders in standards based

instruction, school improvement planning, effective use of data in the decision-making process,

community involvement and creation of governance structures;

      (5) Support for national board certification of teachers, application fees for a certificate

of clinical competence issued by the American speech-language hearing association, and grants

for coordination and support of school based teacher professional development; and

      (6) The practice of scientific research based reading instruction to improve reading

performance.

      (b) In FY 2003, the additional funds allocated to the department of elementary and

secondary education pursuant to this section shall be used only to support the activities described

in subdivisions (a)(2) and (a)(5) of this section.

      (c) Out of the funds appropriated by the general assembly for professional development

in subsection (a) of this section, twenty-five percent (25%) shall be set aside for district-wide

professional development activities. The expenditure of this district-wide professional

development set-aside shall be determined by a committee in each district consisting of the

superintendent or his or her designee, three (3) teachers appointed by the collective bargaining

agent, and one member of the Rhode Island department of elementary and secondary education

field service team servicing that school district designated by the commissioner of elementary and

secondary education. The expenditure must be aligned with the district strategic plan as well as

ongoing professional development programs approved by the department of elementary and

secondary education. Collaborative programs between school districts are permissible.

      (d) Beginning in FY 2006, professional development funds shall only be spent with the

prior approval of the commissioner of elementary and secondary education upon submission of a

district level plan which incorporates the school level plans and which details the use of the

funds. These plans shall to the extent possible call for professional development activities that

are embedded or do not otherwise encroach upon student instruction time. The requirements of

this paragraph shall apply to both district-wide professional development activities and

professional development activities determined by the school-level committees.

 

     16-7.1-11. Early childhood investment fund. -- The general assembly establishes the

Early Childhood Student Investment Fund to provide schools and teaching staff for the early

grades with resources to begin improving student performance and to provide early care and pre-

kindergarten programs. The general assembly shall annually appropriate some sum and distribute

it based on each district's proportion of their average daily membership for grades kindergarten

through and including third grade in the reference year as defined in section 16-7-16 relative to

the statewide average daily membership for the same grades in the same fiscal year. For purposes

of this section, average daily membership for grades kindergarten through and including third

grade is determined in section 16-7-22. These resources shall be used to close student

performance gaps in accordance with the district's strategic plan pursuant to section 16-7.1-2.

These early childhood investment funds shall be used in coordination with the literacy set-aside

funds, chapter 67 of this title. In addition, these funds may be used for early childhood pilot

programs, including Child Opportunity Zones (COZs), that; (1) combine and/or leverage some or

all of the following state, federal and/or local funds insofar as allowable: student equity

investment fund; literacy set-aside; special education funds; Title I funds; and any other

appropriate funds; (2) that focus on beginning to improve student performance through

developmentally appropriate early childhood education and integrated social and health service

support. Funding emphasis for early childhood programs shall be given by the districts to the

schools serving concentrations of at-risk students and shall be integrated with programs for

special needs students; all day kindergarten programs may be funded; and school links shall be

made with programs and students to facilitate full assessment of students' school readiness and

needs prior to entry into first grade and to help receiving schools meet the entering child's needs.

Programs shall include the development and expansion of child care providers, the development

of innovative start-up arrangements linked to small businesses, the development of programs and

providers in geographically underserved areas, the establishment of before and after school

programs with priority to be given to programs linked to schools, to infantoddler programs,

programs related to child opportunity zone family centers, and programs that serve children with

special health needs or developmental risks. A district may not fund any program that does not

meet standards as established by the board of regents. Districts may contract for services with

programs which meet board of regents standards. Any program that receives funds under this

section must keep records on the children's attendance and progress so that data will be available

to conduct longitudinal studies.

 

     16-7.1-11.1. Full day kindergarten investment fund. -- (a) Beginning in fiscal year

2001, the general assembly shall appropriate and distribute to each locally or regionally operated

district a sum equal to the number of full-time kindergarten students reported as a member of

each district as of the reference year as defined in section 16-7-16(11) times a per pupil amount,

which shall be:

      (1) Fifteen hundred dollars ($1,500) for those districts with a tax effort index of below

0.6 as calculated pursuant to section 16-7.1-6;

      (2) One thousand dollars ($1,000) for those districts with a tax effort index of below 1.0

as calculated pursuant to section 16-7.1-6; and

      (3) Five hundred dollars ($500) for all other districts.

      (b) Funding under this section shall be in addition to any and all other aid received by the

district, including aid received under this chapter, chapter 77.1 of this title, and any minimum

increase of aid provided for under section 16-7.1-15.

      (c) For fiscal year 2007, aid received pursuant to this section shall be equal to aid

received in the fiscal year 2006 enacted budget by the 2005 general assembly.

 

     16-7.1-12. Student technology investment fund. -- The general assembly establishes the

Student Technology Investment Fund to provide schools and teaching staff with up-to-date

educational technology and training to help students meet the demands of the 21st century. Rhode

Island's Comprehensive Education Strategy calls for providing support to all schools for

educational technology. The funds may be used for: curriculum development to improve teaching

and learning, in-service professional development to support the effective use of technology in

schools; and infrastructure requirements such as equipment, technology related instructional

materials, software and networking of systems. These resources shall be used to close student

performance gaps in accordance with the district's strategic plan pursuant to section 16-7.1-2 and

be consistent with the technology plan of the Rhode Island Comprehensive Strategy. The general

assembly shall annually appropriate some sum and distribute it based on each district's proportion

of their average daily membership in the reference year as defined in section 16-7-16. For

purposes of this section, average daily membership shall be defined in section 16-7-22. School

districts may use funds received under this category of education aid to replace up to, but no more

than, thirty five percent (35%) of the amount the school district spent for technology related

expenditures in the previous fiscal year. District plans for the use of technology shall be reviewed

by the legislative technology task force.

 

     16-7.1-13. State leadership in conducting annual assessments of student

performance. -- Setting high standards for student performance must be paired with related

assessments that will determine what progress the state is making toward bringing all children to

high levels of achievement. A state assessment program shall be continued and expanded in core

areas (mathematics, reading, writing and health). The program shall include performance

standards and an annual report that disaggregates performance by race, poverty, native language

and gender. The general assembly shall annually appropriate funds to support the programs, and

the amount shall be recalculated annually. The commissioner of education shall implement the

state assessment program.

 

     16-7.1-14. Joint commission. -- The special joint commission established in section 16-

79-2 supports the funding program established in section 16-7.1-15 and shall continue to assess

its effectiveness as a comprehensive state education aid funding program. The commission will

examine the needs of pre-kindergarten aged children and adult education programs. The

commission will also examine compensation and benefit programs of persons employed in public

education.

 

     16-7.1-15. The Rhode Island student investment initiative The Paul W. Crowley

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 2007. Each school district shall

also receive school aid through each investment fund for which that district qualifies pursuant to

sections 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 2008, the reference

year for the data used in the calculation of aid pursuant to section 16-7.1-8, section 16-7.1-9,

section 16-7.1-10, section 16-7.1-11, section 16-7.1-11.1, section 16-7.1-12, section 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 sections 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 section 16-7.1-11.1

shall be in addition to funding received under this section.

     (c) Funding distributed under sections 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 2008 under this section and sections 16-7.1-11.1, 16-64-1.1 and 16-77.1-2(b) shall be as

follows:

      Barrington                                                               2,599,526

      Burrillville                                                               13,854,743

      Charlestown                                                            2,002,832

      Coventry                                                                 20,075,081

      Cranston                                                                 35,580,911

      Cumberland                                                            13,257,009

      East Greenwich                                                       1,949,761

      East Providence                                                      26,888,254

      Foster                                                                     1,416,463

      Glocester                                                                3,213,847

      Hopkinton                                                               6,241,352

      Jamestown                                                              531,908

      Johnston                                                                 10,915,364

      Lincoln                                                                   7,403,268

      Little Compton                                                        368,810

      Middletown                                                             10,497,116

      Narragansett                                                           1,897,159

      Newport                                                                 11,871,080

      New Shoreham                                                       106,345

      North Kingstown                                                     11,986,005

      North Providence                                                    13,262,872

      North Smithfield                                                      4,834,237

      Pawtucket                                                              67,023,559

      Portsmouth                                                             6,700,042

      Providence                                                              194,109,756

      Richmond                                                               6,188,615

      Scituate                                                                  3,407,183

      Smithfield                                                                5,743,568

      South Kingstown                                                     10,548,698

      Tiverton                                                                  5,932,058

      Warwick                                                                 37,626,000

      Westerly                                                                 6,843,077

      West Warwick                                                        20,440,547

      Woonsocket                                                            47,616,613

      Bristol-Warren                                                        20,498,190

      Exeter-West Greenwich                                          7,661,019

      Chariho                                                                   398,334

      Foster-Glocester                                                      5,729,861

      Central Falls                                                            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. section 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.

 

     16-7.1-16. Targeted school aid. -- (a) In addition to those funds described in section 16-

7.1-15, each district with a tax effort index below 1.0 as calculated pursuant to section 16-7.1-6

and with a free and reduced lunch count in grades K-3 greater than forty percent (40%) shall

receive targeted school aid. Districts shall be eligible for aid based on the proportion that their

average daily membership bears to the total average daily membership of districts eligible for aid

under this section. The local school district shall determine the amount it proposes to spend on the

program priorities referred to in this section and the programs and proposed expenditures shall be

a part of the district's strategic plan and/or annual updates required under section 16-7.1-2.

      (b) The commissioner may require a school district to reserve up to five percent (5%) of

its targeted aid for intervention remedies. These five percent (5%) set-aside funds shall only be

spent with the prior approval of the commissioner of elementary and secondary education. If

however by March 1, the amount reserved is not expended or expected to be spent in the

academic year, then the district may expend the funds in accordance with the priorities of this

section and with the approval of the commissioner. In addition, there shall be an appropriation for

comprehensive on-site school reviews and other accountability measures that the commission

deems appropriate in accordance with policies and procedures to be determined by the

commissioner and to carry out the purposes of section 16-7.1-2. The commissioner may give

priority to districts receiving targeted funds for the use of this appropriation.

      (c) Districts may use targeted funds in new or expanded programs for:

      (1) Early childhood education;

      (2) Helping schools to improve instruction to meet high standards;

      (3) Reducing class size at the elementary level;

      (4) After school programming for middle schools, junior, and senior high schools in

accordance with section 16-7.1-17;

      (5) Establishing and implementing innovative organizations and methods of instruction

at the middle, junior high, and/or high school levels;

      (6) Child opportunity zones;

      (7) Teacher mentoring;

      (8) Curriculum revision to meet new standards;

      (9) School and district intervention; or

      (10) Other programs which the commissioner believes will result in increased student

performance.

 

     16-7.1-17. Urban after-school programs. -- (a) There is hereby established an after-

school program for middle schools and junior and senior high schools to be administered by the

department of elementary and secondary education.

      (b) Each district receiving targeted funds under this section must use a portion of these

funds to establish programs as defined in this section at the middle or junior high school level and

may establish a program at the senior high school level. Each program shall be located in or near

middle schools or junior or senior high schools in school districts identified as "at risk" by the

legislature in accordance with section 16-7.1-16 and which have an equity index below one. The

purpose of the programs is to provide students an opportunity to engage in a gainful activity, such

as an athletic, cultural, arts, academic, community service, remediation, and/or career exploration

activity after-school or during the time the schools are not in session. Districts may contract for

services with programs that meet board of regents standards. The commissioner may require that

districts that receive targeted funds establish these programs either district-wide or at an

individual school within the district. Nothing contained in this section shall prevent the

commissioner from interpreting middle or junior high school to mean middle or junior high

school age.

      (c) The department of elementary and secondary education is authorized to promulgate

rules and regulations for the administration and monitoring of the programs for providing any

assistance to plan and design the programs, and for annually performing an evaluation of the

overall quality of the after-school programs. Qualifying school districts will be required to submit

a plan and other reports as may be requested relating to the use of the after-school program funds

to the commissioner of elementary and secondary education.

 

     16-7.1-18. Investment funds -- Funding. -- Funding of the investment funds enumerated

in section 16-7.1-6, 16-7.1-8, 16-7.1-9, 16-7.1-10, 16-7.1-11, and 16-7.1-12 shall be by funds set

aside from the state operations aid to be provided to school districts in the same manner as funds

set aside and provided to school districts pursuant to chapter 67 of this title for literacy programs.

The amount to be set aside will be that amount designated for each investment fund in the state

budget as enacted. The funds thus set aside and provided to school districts shall be used for the

purposes required by the terms of sections 16-7.1-6, 16-7.1-8, and 16-7.1-9. The fund thus set

aside and provided to school districts shall be restricted to be used for the purposes required by

the terms of sections 16-7.1-10, 16-7.1-11, and 16-7.1-12. The full set aside amount will be

available for use by the school district. Use of this set aside amount must be based on the strategic

plan required to be submitted by local school districts to the department of elementary and

secondary education by chapter 7.1 of this title.

 

     16-7.1-19. Vocational technical equity fund. -- (a) The general assembly recognizes the

need to support the academic instruction component of vocational education for students enrolled

in career and technical education programs. To accomplish this, the general assembly shall

appropriate some sum per student for each student who attends a locally operated career and

technical center based on the enrollments reported to the department of elementary and secondary

education for the reference year as defined in section 16-7-16. The sum shall be five hundred

dollars ($500) per student. Funding under this section will be limited to those students enrolled in

programs that are part of the career and technical education system as approved by the

department of elementary and secondary education.

      (b) For fiscal year 2007, aid received pursuant to this section shall be equal to aid

received in the fiscal year 2006 enacted by the 2005 general assembly.

 

     SECTION 2. This act shall take effect upon passage.

     

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LC00246

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