SECTION 1. Section 16-7-22 of the General Laws in Chapter 16-7 entitled "Foundation Level School Support" is hereby amended to read as follows:

16-7-22. Determination of average daily membership. -- Each community shall be paid pursuant to the provisions of ~~section~~ §16-7-17 an amount based upon the following provisions:

(1) On or before September 1 of each year the average daily membership of each city and town for the reference year shall be determined by the commissioner of elementary and secondary education from data supplied by the school committee in each community in the following manner: The aggregate number of days of membership of all pupils enrolled full time in grade twelve (12) and below, except that pupils below grade one who are not full time shall be counted on a full time equivalent basis: (i) iIncreased by the aggregate number of days of membership of pupils residing in the particular city or town whose tuition in schools approved by the department of elementary and secondary education in other cities and towns is paid by the particular city or town; and (ii) dDecreased by the aggregate number of days of membership of nonresident pupils enrolled in the public schools of the particular city or town and further decreased by the aggregate number of days of membership equal to the number of group home beds calculated for the purposes of reimbursement pursuant to ~~section~~ §14-64-1.1; and (iii) decreased further, in the case of a city or town ~~which~~ that is a member of a regional school district during the first year of operation of the regional school district, by the aggregate number of days of membership of pupils residing in the city or town who would have attended the public schools in the regional school district if the regional school district had been operating during the previous year, divided by the number of days during which the schools were officially in session during the reference year. The resulting figures shall be the average, daily membership for the city or town for the reference year. For purposes of calculating the permanent foundation education aid as described in ~~section~~ §16-7.2-3(1) and (2), the average daily membership for school districts shall exclude charter school and state school students, and beginning in school year 2014-2015, include an estimate to ensure that districts converting from a half-day to a full-day kindergarten program pursuant to ~~section~~ §16-99-4 are, credited on a full-time basis beginning in the first year of enrollment. and are funded notwithstanding the transition plan pursuant to § 16-7.2-7.

(2) The average daily membership of pupils attending public schools shall apply for the purposes of determining the percentage of the state's share under the provisions of ~~sections~~ §§16-7-16(3), 16-7-16(10), 16-7-18, 16-7-19, 16-7-20, 16-7-21 and 16-7.2-4.

(3) In the case of regional school districts, the aggregate number of days of membership by which each city or town is decreased in subdivision (1)(iii) of this section, divided by the number of days during which the schools attended by the pupils were officially in session, shall determine the average daily membership for the regional school district during the first year of operation. After the first year of operation, the average, daily membership of each regional school district, except the Chariho regional high school district, shall be determined by the commissioner of elementary and secondary education from data supplied by the school committee of each regional school district for the reference year in the manner provided in subdivision (1) of this section.

SECTION 2. Section 16-7.2-7 of the General Laws in Chapter 16-7.2 entitled "The Education Equity and Property Tax Relief Act" is hereby amended to read as follows:

16-7.2-7. Transition plan. -- (a) The general assembly, shall annually determine the appropriation of education aid pursuant to this chapter using a transition plan to begin in fiscal year 2012, not to exceed seven (7) years for LEA's for whom the calculated education aid pursuant to ~~section~~ §16-7.2-3 is more than the education aid the LEA is receiving as of the effective date of the formula, and ten (10) years for LEA's for whom the calculated education aid pursuant to ~~section~~ §16-7.2-3 is less than the education aid the LEA is receiving as of the effective date of the formula.

(b) The local share of funding pursuant to ~~section~~ §16-7.2-5 shall be transitioned proportionately over a period not to exceed five (5) years. The transition shall provide a combination of direct aid to districts, funds for the categorical programs, and district savings through state-assumed costs, as determined by the general assembly on an annual basis, Updates to any components of the permanent foundation education aid formula, such as student data, property values, and/or median family income, that result in an increase or decrease in state education aid that impacts the total state and local contribution by more than three percent (3%) shall be transitioned over a period of time not to exceed three (3) years.

(c) For districts that are converting from a half-day to a full-day kindergarten program for the 2014-2015 school year and after, as defined by § 16-99-4, the increase in aid provided pursuant to the formula for the increased reference average daily membership due to the conversion of the kindergarten students from 0.5 full-time equivalent to 1.0 full-time equivalent is not subject to the transition plan in subsection (a); instead, the increased kindergarten full-time equivalents will be funded at the fully transitioned value of the formula beginning in FY 2017.

SECTION 3. Section 16-99-4 of the General Laws in Chapter 16-99 entitled "Full-Day Kindergarten Accessibility Act" is hereby amended to read as follows:

16-99-4. Eligible school districts; funding. -- (a) A school district shall be eligible to request funding pursuant to ~~subsection~~ §16-99-4(b), if:

(1) The school district is a public school district; and

(2) The school district operates a half-day kindergarten program as of September 1, 2012, but not a full-day kindergarten, as defined herein, serving more than one-half of the kindergarten students in the district as determined on a headcount basis.

(b) Subject to appropriation, beginning with school year 2013-2014, the commissioner of elementary and secondary education shall rank and approve ~~up to four (4)~~ eligible public school districts ~~per year to~~ that voluntarily implement a full-day kindergarten program as defined herein. The aforementioned school district shall receive funding to offset a portion of the reasonable, one-time, start-up costs including, but not limited to, desks, books, facility upgrades, ancillary costs associated with relocation of students, costs associated with the development and implementation of new curriculum, and any other necessary expenses associated with each school's implementation of a full-day kindergarten program. ~~Funds will be appropriated~~ Ranking shall be based upon criteria established by the commissioner of elementary and secondary education to ensure the quality and sustainability of the full-day kindergarten programs implemented.

(c) If more than four (4) eligible school districts apply in one year, or if the appropriation does not support four (4) eligible districts, the commissioner of elementary and secondary education shall determine which districts shall access the available funds for start-up costs. In ranking the school districts' proposals, ~~The~~ the ~~commissioner's~~ commissioner ~~decision~~ shall consider the quality and sustainability of the program and the average number of children eligible for USDA reimbursable school meals served by the respective district's elementary schools with priority given to school districts with enrollment greater than eight thousand (8,000). ~~The commissioner may consider the school district's plan to house the kindergarten enrollment, implement a quality full-day program.~~ If no school district has enrollment greater than eight thousand (8,000), then priority shall be given to school districts with enrollment greater than four thousand (4,000).

(c) The commissioner shall fully fund all eligible expenditures of each district in rank order. If a district's proposal cannot be fully funded, the district may either accept the available funding for the project or refuse funding. If funding is refused, the commissioner shall fund the next eligible school district's request based on the aforementioned ranking.

(d) School districts receiving funds pursuant to this chapter must operate only a full-day program, no half-day programs. The full-day kindergarten program must continue to operate for five (5) years.

(e) All funding provided under this section is subject to appropriation.

(f) Notwithstanding the provisions of subsection (d), school districts ~~who~~ that request funding pursuant to this chapter may be allowed to phase-in the implementation of a full-day kindergarten program, provided that the district provides the department of elementary and secondary education with a schedule and plan as to the implementation of such program.

SECTION 4. This act shall take effect upon passage.

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LC004951/SUB A/2
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