ARTICLE 13 SUBSTITUTE A AS AMENDED
RELATING TO
EDUCATION AID
SECTION 1. Section 16-7.1-15 of the General Laws in Chapter
16-7.1 entitled “The Paul
W. Crowley Rhode Island
Student Investment Initiative” is hereby amended to read as follows:
16-7.1-15. The
Paul W.
[Effective July 1, 2010.].-- (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 2008. 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 2009 and FY
2010, 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, § 16-
7.1-11.1, § 16-7.1-12, § 16-7.1-16, § 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. Provided, however, calculation and
distribution of education aid under § 16-7.1-10 is suspended for
FY 2009 and FY 2010. School
districts may continue to maintain professional development
programs and may reduce other
education programs to achieve savings during FY 2009 and FY
2010. 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) For FY 2009, aid to
school districts shall be reduced by the equivalent savings that are
realized due to a reduction of payments to the teachers'
retirement system. The reduction for the
Chariho regional school district shall be prorated among the
member communities. In addition,
for FY 2009 aid to school districts shall be reduced by
any amount of previously appropriated
school housing aid determined to be ineligible for
reimbursement in accordance with § 16-7-44.2.
For FY 2009 aid shall also be reduced by the amount of
projected revenue for the period
December 1, 2008 through June 30,
2009 from the permanent school fund.
The projected revenue
shall be determined by annualizing actual earnings from the
period May 12, 2008 through
November 30, 2008. The department of elementary and
secondary education shall reduce aid in
two equal installments, payable in May and June; provided
however, that
receive one payment of reduced aid in May.
For FY 2009, aid to
school districts shall include thirty eight million, three hundred
twenty-four thousand, eight hundred twenty-two dollars
($38,324,822) from federal fiscal
stabilization funds offset by a like reduction from general
revenues. The distribution shall be in
the same proportion as general operating aid.
(e) For FY 2010, aid
to school districts shall be reduced by the equivalent savings that are
realized due to a reduction of payments to the teachers'
retirement system. The reduction for the
Chariho regional school district shall be prorated among the
member communities. For FY 2010,
aid to school districts shall be reduced by thirty-three
million nine hundred twenty-eight thousand
two hundred sixteen dollars ($33,928,216) based on the
school district's share of total FY 2009
enacted education aid, including state schools and charter
schools. For FY 2010, a distribution of
stabilization funds per the American Recovery and Reinvestment Act
(ARRA) totaling thirty-four
million one hundred seven thousand one hundred ninety-five dollars
($34,107,195) shall be
allocated to school districts proportionately based on their
share of total FY 2009 enacted
education aid, including state schools and charter schools.
Districts shall comply
with the assurances and reporting requirements provided in the
federal guidance for the (ARRA) allocation and by the
commissioner of elementary and
secondary education.
(f) There shall be an
appropriation to ensure that total aid distributed to communities in
FY 2010 under this section and §§ 16-7.1-11.1,
16-64-1.1 and 16-77.1-2(b) and excluding any FY
2009 Stabilization reappropriations shall be as follows:
FY
2010 Stimulus Fiscal
General Revenues Stabilization Allocation
1,863,090
1,629,678 128,427
170,513
Burrillville 12,928,167 12,220,612
681,478 948,730
1,697,49 7 1,590,767 98,918 134,864
18,056,601
16,912,980 991,787
1,365,674
31,662,364
29,622,695 1,752,647
2,410,080
11,829,002
11,066,294 654,948
900,586
1,503,975
1,321,451 96,326
129,312
24,199,858 23,047,872 1,328,384 1,833,360
Foster 1,286,565
1,208,609 69,979
96,527
Glocester
2,927,949
2,754,277 158,776
219,128
Hopkinton 5,677,786 5,323,835
308,347
425,441
398,173
356,229 26,278
35,124
9,596,568
8,971,463 531,110
730,358
6,363,969
5,884,774 365,750
499,702
Little 296,650
267,222 18,221
24,622
9,532,081
8,937,990 518,598
715,319
Narragansett 1,167,137 1,314,267
93,727
125,872
10,714683
10,104,222 586,477
808,465
New Shoreham 64,987 50,323 5,254
6,826
10,631,113
9,922,498 2,155
813,392
12,081,507
11,311,934 661,166
911,004
4,344,329
4,055,880 238,830
328,814
62,176,676
58,731,451 3,311,223
4,584,707
5,923,071
5,571,674 332,008
454,416
178,309,941
168,378,347 9,577,917
13,241,031
5,652,344
5,300,144 305,712
422,147
2,926,243
2,712,604 168,328
229,942
4,992,643
4,635,136 283,754
388,414
9,224,287
8,575,177 521,117
714,097
Tiverton 5,271,861 4,923,363
293,067
402,699
32,168,879
31,261,607 1,858,870
2,554,650
Westerly 5,771,932 5,319,551
338,071
460,458
18,738,108
17,635,159 1,009,842
1,395,236
44,071,702
41,636,569 2,342,811
3,244,945
Bristol-Warren 18,761,456 17,675,687
1,009,726
1,395,455
Exeter-West 6,814,331 6,378,147 374,779 515,945
Chariho
378,758
359,704 19,679
27,370
Foster-Glocester 5,194,804
4,878,574 283,077
390,339
42,507,399 40,233,714 2,167,539 3,021,611
In addition to the
amounts listed above, the department of elementary and secondary
education shall allocate monthly to each school district all
funds received into the permanent
school fund pursuant to § 42-61.2-7, as amended by chapter
13 of the 2008 Public Laws entitled
"An Act Relating to State Affairs and
Government", up to $14.1 million, in the same proportion
as the aid distribution in the FY 2009 enacted
appropriations act.
This special provision shall
not limit entitlements as determined by application of other
formula provisions in this section.
(g) For FY 2009 payments
to charter public schools shall be reduced by the equivalent
savings that are realized due to a reduction of payments to
the teachers' retirement system. The
reduction for district sponsored charter schools shall be
incorporated in the sponsoring school
district's aid as noted in subsection (f). Aid to charter public
schools shall be reduced in the April
quarterly payment. For FY 2009, charter public school funding
is as follows:
Compass 614,485
Paul Cuffee
4,449,006
CVS Highlander 2,596,782
International 2,863,818
Learning Community 3,669,529
NE Laborer's 1,508,866
Textron 2,361,370
Times 2 Academy 6,870,410
(h) (1) For FY
2010, payments to charter public schools shall be reduced by the
equivalent savings that are realized due to a deferment reduction
of payments to the teachers'
retirement system. The reduction for district sponsored charter
schools shall be incorporated in
the sponsoring schools district's aid as noted in
subsection (f). For FY 2010, payments to charter
public schools shall be reduced by one million four hundred
sixty-three thousand three hundred
sixty-seven dollars ($1,463,367) based on the charter
schools' share of total FY 2009 enacted
education aid, including school districts and state schools.
For FY 2010, a distribution of
stabilization funds per the American Recovery and Reinvestment Act
(ARRA) totaling one
million four hundred seventy-one thousand eighty-seven
dollars ($1,471,087) shall be allocated to
charter public schools proportionately based on their share
of total FY 2009 enacted education
aid, including school districts and state schools.
(2) For FY 2010,
payments to charter public schools shall be further reduced by one
million one hundred fifty-eight thousand one dollars
($1,158,001) based on the charter schools'
share of total FY 2010 originally enacted education aid.
For FY 2010, an additional distribution
of stabilization funds per the American Recovery and
Reinvestment Act (ARRA) totaling one
hundred ninety-seven thousand seven hundred fifty-two dollars
($197,752) shall be allocated to
charter public schools proportionately based on their share
of total FY 2010 originally enacted
education aid.
(3) Public
charter schools shall comply with the assurances and reporting requirements
provided in the federal guidance for the (ARRA) allocation and
by the commissioner of
elementary and secondary education.
(i)
There shall be deducted from the final aid payment to each school district any
amounts
owed to the state at the end of the fiscal year for
transportation of the district’s students under the
statewide transportation system established pursuant to R.I.G.L.
16-21.1-7 and 16-21.1-8.
Districts shall receive monthly invoices summarizing
the basis of the transportation fees charged.
Any such deductions in aid shall be transferred to the
statewide student transportation services
restricted receipt account.
(j) The provisions of
R.I.G.L. 16-26-7.1 notwithstanding, districts shall be assessed
tuition to cover the costs of educational services that are
additional to the core deaf and hard of
hearing education program that is provided to resident
students at the
Deaf. This tuition shall be based on a graduated tuition
schedule that is based on the varying
needs of students. The department of elementary and
secondary education shall develop and
implement the schedule. Districts shall receive monthly
invoices summarizing the basis for the
tuition charged. There shall be deducted from the final aid
payment to each school district at the
end of the fiscal year any amounts owed to the state for
these additional educational services.
(i)
(k) Children with disabilities.
(1) Based on its review of special education within the
context 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.
(l) For FY
2011, aid to school districts shall be reduced by the equivalent savings that
are
realized due to a reduction of payments to the teachers'
retirement system. The reduction for the
Chariho regional school district shall be prorated among the
member communities. For FY 2011,
aid to school districts shall be further reduced by
twenty million four hundred ninety thousand
one hundred thirty-seven dollars ($20,490,137) from the
FY 2010 originally enacted level based
on the school district's share of total FY 2010
originally enacted education aid, including aid to
state schools and charter schools. For FY 2011, a
distribution of federal stabilization funds made
available through the American Recovery and Reinvestment Act
(ARRA), in the amount of
seventeen million four hundred thirty-one thousand nine hundred
four dollars ($17,431,904), shall
be allocated to school districts proportionately based
on their share of total FY 2010 originally
enacted education aid, including aid to state schools and
charter schools.
(f) (m) There shall be an appropriation to ensure that total
aid distributed to communities
in FY 2010 2011 under this section and §§
16-7.1-11.1, 16-64-1.1 and 16-77.1-2(b), excluding
any FY 2009 and FY 2010 Stabilization reappropriations, shall be as follows:
FY
2011 Stimulus Fiscal
General Revenues Stabilization Allocation
1,863,090 1,709,541
128,427
68,151
Burrillville
12,928,167 12,723,172
684,478 326,139
1,697,497 1,658,980
98,948
49,284
18,056,601 17,625,624
991,787 480,946
31,662,364 30,876,770
1,752,647
852,976
11,829,002 11,534,855
654,948 318,784
1,503,975
1,277,951 96,326
49,760
24,499,858 23,891,690
1,328,384
640,267
Foster
1,286,565
1,259,241 69,979
33,780
Glocester 2,927,940
2,869,462 158,776
76,538
Hopkinton
5,677,786 5,547,160
308,347
148,729
398,901 373,118
26,278
13,728
9,596,568 9,351,204
531,110
258,452
6,363,969 6,139,669
365,750
181,008
Little
296,650 279,301 18,221
9,269
9,533,084 9,312,401
518,598
250,345
Narragansett
1,467,137 1,375,277
93,727
48,407
10,744,683 10,528,468
586,477 283,585
New
Shoreham 64,987 53,154
5,254
2,926
10,631,113
10,344,125 592,155
289,005
12,081,507
11,787,482 661,166
320,061
4,344,329
4,226,827 238,830
115,855
62,176,676 61,160,994
3,311,223
1,582,330
5,923,071 5,806,300
331,008
161,798
178,309,944 175,216,822
9,577,917 4,596,217
5,652,344 5,522,206
305,742
147,191
2,926,243 2,830,181
168,328
83,341
4,992,643 4,759,547
283,754
139,730
9,224,287
8,942,714 521,147
255,978
Tiverton 5,271,861 5,132,318
293,067
142,905
33,468,879 32,587,668
1,858,870
906,046
Westerly
5,774,932
5,552,661 338,074
168,643
18,738,108
18,369,914 1,009,842
485,338
44,074,702 43,237,525
2,342,811
1,118,508
Bristol-Warren
18,764,456 18,411,506
1,009,726
484,936
Exeter-West
6,814,331 6,527,123 374,779 181,826
Chariho 378,758
374,376 19,679
9,291
Foster-Glocester 5,194,804
5,083,179 283,077
136,766
42,507,399 41,852,580
2,167,539
1,013,065
In addition to the
amounts listed above, the department of elementary and secondary
education shall allocate monthly to each school district all
funds received into the permanent
school fund pursuant to § 42-61.2-7, as amended by chapter
13 of the 2008 Public Laws entitled
"An Act Relating to State Affairs and
Government", up to $14.1 million, in the same proportion
as the aid distribution in the FY 2009 enacted
appropriations act.
This special provision
shall not limit entitlements as determined by application of other
formula provisions in this section.
(g) (n) For FY 2009 payments to charter public schools shall
be reduced by the
equivalent savings that are realized due to a reduction of
payments to the teachers' retirement
system. The reduction for district sponsored charter schools
shall be incorporated in the
sponsoring school district's aid as noted in subsection (f)
(g). Aid to charter public schools shall
be reduced in the April quarterly payment. For FY 2009,
charter public school funding is as
follows:
Compass 614,485
Paul Cuffee
4,449,006
CVS Highlander 2,596,782
International 2,863,818
Learning Community 3,669,529
NE Laborer's 1,508,866
Textron 2,361,370
Times 2 Academy 6,870,410
(o) For FY 2011,
payments to charter public schools shall be reduced by the equivalent
savings that are realized due to a reduction of payments to
the teachers' retirement system. The
reduction for district sponsored charter schools shall be
incorporated in the sponsoring schools
district's aid as noted in subsection (g). For FY 2011, payments
to charter public schools shall be
further reduced by one million seventy-six thousand nine
hundred forty-one dollars ($1,076,941)
from the FY 2010 originally enacted education aid based on
the charter schools' share of total FY
2010 enacted education aid, including aid to school
districts and state schools. For FY 2011, a
distribution of federal stabilization funds made available through
the American Recovery and
Reinvestment Act (ARRA), in the amount of one million
forty-eight thousand six hundred dollars
($1,048,600), shall be allocated to charter public
schools proportionately based on their share of
total FY 2010 originally enacted education aid, including
aid to school districts and state schools.
SECTION 2. Section 16-7-23 of the General Laws in Chapter
16-7 entitled "Foundation
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. Provided, that for the fiscal years
2010 and 2011 each community shall
contribute to its school committee in an amount not less than
ninety-five percent (95.0%) of its
local contribution for schools for the fiscal year 2009. 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.
SECTION 3. Sections 16-7-41 and 16-7-45 of the General Laws
in Chapter 16-7 entitled
“
16-7-41. Computation of school housing aid. -- (a)
In each fiscal year the state shall
pay to each community a grant to be applied to the cost
of school housing equal to the following:
The cost of each new
school housing project certified to the commissioner of elementary
and secondary education not later than July 15 of the
fiscal year shall be divided by the actual
number of years of the bond issued by the local community or
the Rhode Island Health and
Educational Building Corporation in support of the
specific project, times the school housing aid
ratio; and provided, further, with respect to costs of new
school projects financed with proceeds
of bonds issued by the local community or the Rhode
Island Health and
Corporation in support of the specific project, the
amount of the school housing aid payable in
each fiscal year shall not exceed the amount arrived at by
multiplying the principal and interest of
the bonds payable in each fiscal year by the school
housing aid ratio and which principal and
interest amount over the life of the bonds, shall, in no
event, exceed the costs of each new school
housing project certified to the commissioner of elementary
and secondary education. If a
community fails to specify or identify the appropriate
reimbursement schedule, the commissioner
of elementary and secondary education may at his or her
discretion set up to a five (5) year
reimbursement cycle for projects under five hundred thousand
dollars ($500,000); up to ten (10)
years for projects up to three million dollars
($3,000,000); and up to twenty (20) years for
projects over three million dollars ($3,000,000).
(b)
Aid shall be provided for the same period as the life of the bonds issued in
support
of the project and at the school housing aid ratio
applicable to the local community at the time of
the bonds issued in support of the project.
(c)
Aid shall be paid either to the community or in the case of projects financed
through
the
Educational Building Corporation or its designee
including, but not limited to, a trustee under a
bond indenture or loan and trust agreement, in support of
bonds issued for specific projects of the
local community in accordance with this section, § 16-7-40
and § 16-7-44. Notwithstanding the
preceding, in case of failure of any city, town or district to
pay the amount due in support of
bonds issued on behalf of a city or town school project
financed by the Rhode Island Health and
Educational Building Corporation, upon notification by
the Rhode Island Health and Educational
Building Corporation, the general treasurer shall
deduct the amount from aid provided under this
section, § 16-7-40 and § 16-7-44 due the city, town or
district and direct said funding to the
Rhode Island Health and Educational
Building Corporation or its designee.
(d) Notwithstanding
any provisions of law to the contrary, in connection with the
issuance of refunding bonds benefiting any local community,
any net interest savings resulting
from the refunding bonds issued by such community or a
municipal public buildings authority for
the benefit of the community or by the
for the benefit of the community, in each case in support
of school housing projects for the
community, shall be allocated between the community and the
state of
the applicable school housing aid ratio at the time of
issuance of the refunding bonds, calculated
pursuant to § 16-7-39, that would otherwise apply in
connection with school housing projects of
the community. In connection with any such refunding of
bonds, the finance director or the chief
financial officer of the community shall certify such net
interest savings to the commissioner of
elementary and secondary education. Notwithstanding § 16-7-44 or
any other provision of law to
the contrary, school housing projects costs in connection
with any such refunding bond issue shall
include bond issuance costs incurred by the community, the
municipal public buildings authority
or the
connection therewith. In connection with any refunding bond
issue, school housing project costs
shall include the cost of interest payments on such
refunding bonds, if the cost of interest
payments was included as a school housing cost for the bonds
being refunded. A local community
or municipal public buildings authority shall not be
entitled to the benefits of this subsection (d)
unless the net present value savings resulting from the
refunding is at least three percent (3%) of
the refunded bond issue.
(e)
Any provision of law to the contrary notwithstanding, the commissioner of
elementary and secondary education shall cause to be monitored
the potential for refunding
outstanding bonds of local communities or municipal public
building authorities or of the Rhode
Island Health and Educational Building Corporation
issued for the benefit of local communities
or municipal public building authorities and benefiting
from any aid referenced in this section. In
the event it is determined by said monitoring that the
net present value savings which could be
achieved by refunding such bonds of the type referenced in the
prior sentence including any
direct costs normally associated with such refundings is equal to (i) at
least one hundred thousand
dollars ($100,000) and (ii) for the state and the communities
or public building authorities at least
three percent (3%) of the bond issue to be refunded including
associated costs then, in such event,
the commissioner (or his or her designee) may direct the
local community or municipal public
building authority for the benefit of which the bonds were
issued, to refund such bonds. Failure of
the local community or municipal public buildings
authority to timely refund such bonds, except
due to causes beyond the reasonable control of such local
community or municipal public
building authority, shall result in the reduction by the state
of the aid referenced in this § 16-7-4.1
associated with the bonds directed to be refunded in an amount
equal to ninety percent (90%) of
the net present value savings reasonably estimated by the
commissioner of elementary and
secondary education (or his or her designee) which would have
been achieved had the bonds
directed to be refunded been refunded by the ninetieth (90th)
day (or if such day is not a business
day in the state of
of the directive of the commissioner (or his or her
designee) to refund such bonds. Such reduction
in the aid shall begin in the fiscal year following the
fiscal year in which the commissioner issued
such directive for the remaining term of the bond.
(f) Payments
shall be made in accordance with § 16-7-40 and this section.
16-7-45. Annual
appropriations. -- The general assembly shall
annually appropriate
those sums that it may deem necessary to carry out the
purposes of §§ 16-7-35 to 16-7-47, and the
state controller is authorized and directed to draw his or
her orders upon the general treasurer for
the payment of the sum, or so much of it as may be
required from time to time, upon the receipt
by the controller of properly authenticated vouchers. In
the event that the full amount of housing
aid has not been appropriated in a particular fiscal
year, school housing aid will not be ratably
reduced. In such cases, aid computed for school housing costs
for debt service which has been
paid by the local community prior to project completion
will be deferred. Such aid will be paid
within three (3) equal installments beginning the fiscal
year after project completion. This
deferral provision shall only be applicable if the computed
aid for debt service paid by the local
community prior to project completion exceeds five hundred
thousand dollars ($500,000).
SECTION 4. Section 16-5-34 of the General Laws in Chapter
16-5 entitled “State Aid” is
hereby repealed.
16-5-34. Statewide purchasing system. -- The
department of elementary and secondary
education, pursuant to the collaborative established in Rhode
Island General Laws § 6-2-9.2
along with the department of administration, shall develop
a plan for the establishment and
implementation of a statewide purchasing system for all public
schools in this state. Said
statewide purchasing system shall develop requests for
proposals relating to goods and services to
enhance and support the mission of public schools and public
education in general throughout this
state, including, but not limited to, the purchase of the
following goods, supplies, and services:
(a) General school
supplies such as paper goods, office supplies, and cleaning products
that are or may be utilized by school departments;
(b) Textbooks,
telecommunications, wireless services, and software that have been
identified by local school departments as needed to support
local curriculum objectives;
(c) A statewide
school transportation system for children with special needs. Local school
departments shall be eligible to participate in this system by
purchasing transportation services on
a fee-for-service basis. It is stated herein that the
goals and intent of establishing this state-wide
transportation system shall be as follows:
(1) To reduce the
duplication of bus routes;
(2) To improve
services to children through the development of shorter, more efficient
routes that minimize the amount of time spent by the student
traveling on school transportation to
and from school and school-related/sponsored activities;
and
(3) To reduce
transportation costs to local educational authorities through greater
efficiency and cost-effective measures.
(d) General non-medical
and dental insurance products and services, provided however,
that
the statewide purchasing system shall permit districts to establish their own
benefit
and coverage levels.
(e) The department of
elementary and secondary education, in collaboration with the
department
of administration, shall also develop policies and procedures to reduce the
cost of health care insurance to local school departments
by developing a collaborative process
which shall include local educational authorities and
representatives of local educational unions
in discussions of cost saving efficiencies that could be
achieved by including these employees in
a state health insurance contract.
SECTION 5. Chapter 16-60 of the General Laws entitled “Board
of Regents for
Elementary and Secondary
Education” is hereby amended by adding thereto the following
section:
16-60-7.3. Statewide purchasing system and programs. – (a) The department of
elementary and secondary education, together with the department
of administration, is
authorized to develop and implement a voluntary statewide
purchasing system for all public
schools in this state, including regional school districts.
Said system may be utilized for the
purchase of all goods, supplies and services to support and
enhance public school operations
under a statewide contract, and shall include, but not be
limited to, the following goods, supplies
and services:
(1) General school
supplies such as paper goods, office supplies, textbooks and cleaning
products that are or may be utilized by school departments;
(2)
Telecommunications, wireless services, computer equipment, hardware and
software
that have been identified by local school departments as needed
to support curriculum objectives;
(3) General
non-medical and dental insurance products and services; provided however,
that the statewide purchasing system shall permit
districts to establish their own benefit and
coverage levels.
(b) Notwithstanding
the provisions of any general or public law to the contrary, including
the provisions of chapter 2 of title 37, the department
of elementary and secondary education and
local and regional school districts are authorized to
participate in purchasing collaboratives,
consisting of two (2) or more states. Said participation shall
be subject to prior approval of the
chief purchasing officer and rules and regulations
promulgated by the department.
SECTION 6. Section 37-2-56 of the General Laws in Chapter
37-2 entitled “State
Purchases” is hereby
amended to read as follows:
37-2-56. Purchasing for municipalities and regional school districts.
-- (a) Any
municipality or regional school district of the state may
participate in state master price
agreement contracts for the purchase of materials, supplies, services
and equipment entered into
by the purchasing agent, provided, however, that the
contractor is willing, when requested by the
municipality or school district, to extend the terms and
conditions of the contract and that the
municipality or school district will be responsible for payment
directly to the vendor under each
purchase contract. Unless a state contract is the result of an
intergovernmental cooperative
purchase contract to which a municipality or school district
is a party, the purchasing agent shall
not compel a successful bidder to extend the same terms
and conditions to a municipality or
school district. However, the purchasing agent may, in the
interest of obtaining better pricing on
behalf of the state and local entities, solicit offers based
upon anticipated master price agreement
utilization by municipalities and school districts.
SECTION 7. This article shall take effect upon passage.