law22231-10

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art.010/9/010/8/010/7/010/6/010/5/010/4/010/3/010/2/010/1

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ARTICLE 10 AS AMENDED

RELATING TO EDUCATION

SECTION 1. Sections 16-7-16, 16-7-20 and 16-7-40 of the General Laws in Chapter 16-7

entitled “Foundation Level School Support” are hereby amended to read as follows:

16-7-16. Definitions.

The following words and phrases used in §§ 16-7-15 to 16-7-34 have the following

meanings:

(1) "Adjusted equalized weighted assessed valuation" means the equalized weighted

assessed valuation of a community as determined by the department of revenue or as apportioned

by the commissioner pursuant to the provisions of § 16-7-21.

(2)(i) "Average daily membership" means the average number of pupils in a community

during a school year as determined pursuant to the provisions of § 16-7-22, less any students who

are served in a program operated by the state and funded through the permanent foundation

education aid formula pursuant to chapter 7.2 of this title.

(ii) For FY 2022, "average daily membership" means the greater of the average number of

pupils in a community during a school year as determined pursuant to the provisions of § 16-7-22

in March 2020 or March 2021, less any students who are served in a program operated by the state

and funded through the permanent foundation education aid formula pursuant to chapter 7.2 of this

title. State aid to charter public schools, Davies, and the Met Center shall be determined based on

the districts of residence in whichever year had the greater total average daily membership.

(A) For the purposes of determining the number of students in poverty, the department

shall divide the average daily membership of students reported as living in poverty in each district

of residence by the total average daily membership of students enrolled in the district of residence

in both March 2020 and March 2021. The greater percentage shall be applied to the average daily

membership used in the calculation of foundation education aid. For charter public schools, Davies,

and the Met Center, the average daily membership of students reported as living in poverty shall

be consistent with March 2020 or March 2021, whichever year had the greater total average daily

membership.

(B) If the average daily membership in March 2020 is greater for any given community

than in March 2021, the number of pupils shall be reduced by the number of students attending new

or expanding charter schools in FY 2022.

(iii) For FY 2023, "average daily membership" means the greater of the average number

of pupils in a community during a school year as determined pursuant to the provisions of § 16-7-

22 in March 2020, March 2021, or March 2022, less any students who are served in a program

operated by the state and funded through the permanent foundation education aid formula pursuant

to chapter 7.2 of this title. State aid to charter public schools, Davies, and the Met Center shall be

determined based on the districts of residence in whichever year had the greater total average daily

membership.

(A) For the purposes of determining the number of students in poverty, the department

shall divide the average daily membership of students reported as living in poverty in each district

of residence by the total average daily membership of students enrolled in the district of residence

in March 2020, March 2021, and March 2022. The greater percentage shall be applied to the

average daily membership used in the calculation of foundation education aid. For charter public

schools, Davies, and the Met Center, the average daily membership of students reported as living

in poverty shall be consistent with March 2020, March 2021, or March 2022, whichever year had

the greater total average daily membership.

(B) If the average daily membership in March 2020 is greater for any given community

than in March 2021 and March 2022, the number of pupils shall be reduced by the number of

students attending new or expanding charter schools in FY 2022 and FY 2023.

than in March 2022, the number of pupils shall be reduced by the number of students attending new

or expanding charter schools in FY 2023.

(iv) Notwithstanding subsection (2)(iii) above, for FY 2023 only, for any local education

agency in which the calculation of aid under subsection (2)(i) of this section and § 16-7-20(a) would

be greater than the calculation of aid under subsection (2)(iii) of this section, such local education

agency shall receive an additional appropriation equivalent to twenty percent (20%) of the

difference in aid that would have been received under subsection (2)(i) of this section. The

additional appropriation shall be as follows:

Barrington -$302,169

East Greenwich - $148,478

Exeter - $106,335

North Smithfield - $30,508

Richmond - $502

Smithfield - $75,374

Beacon Charter School -$22,731

Blackstone Academy - $11,212

Village Green Charter School - $1,073

Davies Career and Technical School - $2,808

(3) "Basic education program" means the cost of education of resident pupils in grades

twelve (12) and below in average daily membership for the reference year as determined by the

mandated minimum program level.

(4) "Certified personnel" means all persons who are required to hold certificates issued by

or under the authority of the council on elementary and secondary education.

(5) "Community" means any city, town, or regional school district established pursuant to

law and/or the department of children, youth and families; provided, however, that the department

of children, youth and families shall not have those administrative responsibilities and obligations

as set forth in chapter 2 of this title; provided, however, that the member towns of the Chariho

regional high school district, created by P.L. 1958, ch. 55 as amended, shall constitute separate and

individual communities for the purpose of determining and distributing the foundation level school

support including state aid for noncapital excess expenses for the special education of children with

disabilities provided for in § 16-24-6 for all grades financed in whole or in part by the towns

irrespective of any regionalization and any school operated by the state department of elementary

and secondary education.

(6) "Department of children, youth and families" means that department created pursuant

to chapter 72 of title 42. For purposes of this section, §§ 16-7-20, 16-24-2, and 42-72-5(b)(22),

"children" means those children who are placed, assigned, or otherwise accommodated for

residence by the department of children, youth and families in a state operated or supported

community residence licensed by a state agency and the residence operates an educational program

approved by the department of elementary and secondary education.

(7) "Equalized weighted assessed valuation" means the equalized weighted assessed

valuation for a community as determined by the division of property valuation pursuant to the

provisions of § 16-7-21.

(8) "Full time equivalency students" means the time spent in a particular activity divided

by the amount of time in a normal school day.

(9) "Incentive entitlement" means the sum payable to a local school district under the

formula used.

(10) "Mandated minimum program level" means the amount that shall be spent by a

community for every pupil in average daily membership as determined pursuant to the provisions

of § 16-7-18.

(11) "Reference year" means the next year prior to the school year immediately preceding

that in which the aid is to be paid. For the purposes of calculating the permanent foundation

education formula aid as described in § 16-7.2-3, the reference date shall be one year prior to the

year in which aid is paid.

(12) "Regularly employed" and "service" as applied to certified personnel have the same

meaning as defined in chapter 16 of this title.

16-7-20. Determination of state's share.

(a) For each community the state's share shall be computed as follows: Let

R=state share ratio for the community.

v=adjusted equalized weighted assessed valuation for the community, as defined in § 16-

7-21(3).

V=sum of the values of v for all communities.

m=average daily membership of pupils in the community as defined in § 16-7-22(3).

M=total average daily membership of pupils in the state.

E=approved reimbursable expenditures for the community for the reference year minus the

excess costs of special education, tuitions, federal and state receipts, and other income.

Then the state share entitlement for the community shall be RE where

R = 1 − 0.5vM/(Vm) through June 30, 2011, and R = 1 − 0.475 vM/(Vm) beginning on

July 1, 2011 and thereafter. Except that in no case shall R be less than zero percent (0%).

(b) Whenever any 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. The courts of this state shall enforce this section by writ of

mandamus.

Children's Hospital shall be reimbursed one hundred percent (100%) of all expenditures approved

by the council on elementary and secondary education in accordance with currently existing rules

and regulations for administering state aid, and subject to annual appropriations by the general

assembly including, but not limited to, expenditures for educational personnel, supplies, and

materials in the prior fiscal year.

(d) In the event the computation of the state's share for any local education agency as

outlined in subsection (a) is determined to have been calculated incorrectly after the state budget

for that fiscal year has been enacted, the commissioner of elementary and secondary education shall

notify affected local education agencies, the senate president, and the speaker of the house within

fifteen (15) days of the determination.

(e) Realignment of aid payments to the affected local education agencies pursuant to

subsection (d) shall occur in the following fiscal year:

(1) If the determination shows aid is underpaid to the local education agency, any amounts

owed shall be paid in equal monthly installments.

(2) If the determination shows aid was overpaid, the department of elementary and

secondary education shall recapture some amount of the aid from the overpaid local education

agency. The amount to be withheld shall be equal to the amount of the overpayment prorated to the

number of full months remaining in the fiscal year when the notification required in subsection (d)

was made.

(f) The above notwithstanding, in no event shall the total paid to a local education agency

in the 2023 fiscal year pursuant to subsection (a), above, be reduced as a result of the

implementation of subsection (e), above; provided, however, that for the 2022 fiscal year, the full

amount of any payment due to an underpayment and realignment under subsection (e)(1), above,

shall be made for fiscal year 2022.

(g) Data used for the calculation of the FY 2022 state share ratio shall also be used for the

calculation of the FY 2023 state share ratio.

16-7-40. Increased school housing ratio.

(a)(1) In the case of regional school districts, the school housing aid ratio shall be increased

by two percent (2%) for each grade so consolidated.

(2) Regional school districts undertaking renovation project(s) shall receive an increased

share ratio of four percent (4%) for those specific project(s) only, in addition to the combined share

ratio calculated in § 16-7-39 and this subsection.

(b) In the case of projects undertaken by districts specifically for the purposes of school

safety and security, the school housing aid share ratio shall be increased by five percent (5%) for

these specific projects only, in the calculation of school housing aid. The increased share ratio shall

continue to be applied for as long as the project(s) receives state housing aid. In order to qualify for

the increased share ratio, seventy-five percent (75%) of the project costs must be specifically

directed to school safety and security measures. The council on elementary and secondary

education shall promulgate rules and regulations for the administration and operation of this

section.

building authority, including the remediation of hazardous materials, the school housing aid ratio

shall be increased by five percent (5%) so long as the construction of the project commences by

December 30, 2022 2023, is completed by December 30, 2027 2028, and a two hundred fifty

million dollar ($250,000,000) general obligation bond is approved on the November 2018 ballot.

In order to qualify for the increased share ratio, twenty-five percent (25%) of the project costs or a

minimum of five hundred thousand dollars ($500,000) must be specifically directed to this purpose.

(d) For purposes of educational enhancement, including projects devoted to the

enhancement of early childhood education and career and technical education, the school housing

aid ratio shall be increased by five percent (5%) so long as construction of the project commences

by December 30, 2022 2023, is completed by December 30, 2027 2028, and a two hundred fifty

million dollar ($250,000,000) general obligation bond is approved on the November 2018 ballot.

In order to qualify for the increased share ratio, twenty-five percent (25%) of the project costs or a

minimum of five hundred thousand dollars ($500,000) must be specifically directed to these

purposes.

(e) For replacement of a facility that has a facilities condition index of sixty-five percent

(65%) or higher, the school housing ratio shall be increased by five percent (5%) so long as

construction of the project commences by December 30, 2023, is completed by December 30, 2028,

does not receive a bonus pursuant to subsection (f) or subsection (g), and a two hundred fifty million

dollar ($250,000,000) general obligation bond is approved on the November 2018 ballot. In order

to qualify for the increased share ratio, twenty-five percent (25%) of the project costs or a minimum

of five hundred thousand dollars ($500,000) must be specifically directed to this purpose.

(f) For any new construction or renovation that increases the functional utilization of any

facility from less than sixty percent (60%) to more than eighty percent (80%), including the

consolidation of school buildings within or across districts, the school housing aid ratio shall be

increased by five percent (5%) so long as construction of the project commences by December 30,

2023, is completed by December 30, 2028, and a two hundred fifty million dollar ($250,000,000)

general obligation bond is approved on the November 2018 ballot. In order to qualify for the

increased share ratio, twenty-five percent (25%) of the project costs or a minimum of five hundred

thousand dollars ($500,000) must be specifically directed to this purpose.

(g) For any new construction or renovation that decreases the functional utilization of any

facility from more than one hundred twenty percent (120%) to between eighty-five percent (85%)

to one hundred five percent (105%), the school housing ratio shall be increased by five percent

(5%) so long as construction of the project commences by December 30, 2023, is completed by

December 30, 2028, and a two hundred fifty million dollar ($250,000,000) general obligation bond

is approved on the November 2018 ballot. In order to qualify for the increased share ratio, twenty-

five percent (25%) of the project costs or a minimum of five hundred thousand dollars ($500,000)

must be specifically directed to this purpose.

(h) For consolidation of two (2) or more school buildings, within or across districts into

one school building, the school housing aid ratio shall be increased by five percent (5%) so long as

construction of the project commences by December 30, 2023, is completed by December 30, 2028,

a two hundred fifty million dollar ($250,000,000) general obligation bond is approved on the

November 2018 ballot, and does not receive a bonus pursuant to subsection (f) or subsection (g).

In order to qualify for the increased share ratio, twenty-five percent (25%) of the project costs or a

minimum of five hundred thousand dollars ($500,000) must be specifically directed to this purpose.

(i) Any regionalized and/or non-regionalized school district receiving an increased share

ratio for a project approved prior to July 1, 2018, shall continue to receive the increased share ratio

for as long as the project receives state housing aid.

SECTION 2. Section 16-7.2-3 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:

16-7.2-3. Permanent foundation education aid established.

(a) Beginning in the 2012 fiscal year, the following foundation education-aid formula shall

take effect. The foundation education aid for each district shall be the sum of the core instruction

amount in subdivision (a)(1) and the amount to support high-need students in subdivision (a)(2),

which shall be multiplied by the district state-share ratio calculated pursuant to § 16-7.2-4 to

determine the foundation aid.

(1) The core-instruction amount shall be an amount equal to a statewide, per-pupil core-

instruction amount as established by the department of elementary and secondary education,

derived from the average of northeast regional expenditure data for the states of Rhode Island,

Massachusetts, Connecticut, and New Hampshire from the National Center for Education Statistics

(NCES) that will adequately fund the student instructional needs as described in the basic education

program and multiplied by the district average daily membership as defined in § 16-7-22.

Expenditure data in the following categories: instruction and support services for students,

instruction, general administration, school administration, and other support services from the

National Public Education Financial Survey, as published by NCES, and enrollment data from the

Common Core of Data, also published by NCES, will be used when determining the core-

instruction amount. The core-instruction amount will be updated annually. For the purpose of

calculating this formula, school districts' resident average daily membership shall exclude charter

school and state-operated school students.

(2) The amount to support high-need students beyond the core-instruction amount shall be

determined by multiplying a student success factor of forty percent (40%) by the core instruction

per-pupil amount described in subdivision (a)(1) and applying that amount for each resident child

whose family income is at or below one hundred eighty-five percent (185%) of federal poverty

guidelines, hereinafter referred to as "poverty status." By October 1, 2022, as part of its budget

submission pursuant to § 35-3-4 relative to state fiscal year 2024 and thereafter, the department of

elementary and secondary education shall develop and utilize a poverty measure that in the

department's assessment most accurately serves as a proxy for the poverty status referenced in this

subsection and does not rely on the administration of school nutrition programs. The department

shall utilize this measure in calculations pursuant to this subsection related to the application of the

student success factor, in calculations pursuant to § 16-7.2-4 related to the calculation of the state

share ratio, and in the formulation of estimates pursuant to subsection (b) below. The department

may also include any recommendations which seek to mitigate any disruptions associated with the

implementation of this new poverty measure or improve the accuracy of its calculation.

(b) The department of elementary and secondary education shall provide an estimate of the

foundation education aid cost as part of its budget submission pursuant to § 35-3-4. The estimate

shall include the most recent data available as well as an adjustment for average daily membership

growth or decline based on the prior year experience.

membership as of October 1 by December 1.

(d) Local education agencies may set aside a portion of funds received under subsection

(a) to expand learning opportunities such as after school and summer programs, full-day

kindergarten and/or multiple pathway programs, provided that the basic education program and all

other approved programs required in law are funded.

(e) The department of elementary and secondary education shall promulgate such

regulations as are necessary to implement fully the purposes of this chapter.

SECTION 3. Section 16-87-4 of the General Laws in Chapter 16-87 entitled "Rhode Island

Prekindergarten Education Act" is hereby amended to read as follows:

16-87-4. Early childhood workforce development.

(a) The Rhode Island department of elementary and secondary education shall work with

other state departments and private philanthropy to establish a statewide, comprehensive, research-

based early childhood workforce development scholarship program to expand the numbers

number of early childhood educators who have an associate's or bachelor's degree in early

childhood education and who work with children from birth to age five (5).

(b)(1) In furtherance of the goals set forth in this chapter, no later than January 1, 2023, the

governor’s workforce board shall convene a working group comprised of representatives from the

department of elementary and secondary education, department of human services, office of the

postsecondary commissioner, the RI early learning council, organized labor, and early childhood

education industry employers, whose purpose shall be to identify barriers to entry into the early

childhood education workforce, and to design accessible and accelerated pathways into the

workforce, including, but not limited to, registered apprenticeships and postsecondary credit for

prior work experience.

(2) No later than April 1, 2023, the working group shall provide the general assembly with

recommendations for addressing the barriers to workforce entry and implementing the solutions

identified by the working group; the recommendations shall outline any administrative and

legislative action that would be required by participating agencies to implement the

recommendations.

SECTION 4. Chapter 16-87 of the General Laws entitled "Rhode Island Prekindergarten

Education Act" is hereby amended by adding thereto the following sections:

16-87-6. Planning for prekindergarten expansion.

On or before December 31, 2022, the department of elementary and secondary education,

in collaboration with the department of human services and the children’s cabinet, as established

in § 45-72.5 42-72.5-1, shall submit to the governor, speaker of the house, president of the senate,

and chairs of the house and senate finance and education committees, an annual growth plan to

expand the state prekindergarten program to five thousand (5,000) seats, for three- and four-year-

old children, over five (5) years, beginning in FY 2024, as well as recommendations for achieving

universal prekindergarten in the state. The growth plan shall detail annual targets and projected

funding needs, as well as how the state will:

(a) (1) Equitably distribute prekindergarten funding to eligible providers;

(b) (2) Ensure that access to infant and toddler care is not at risk as the state prekindergarten

program is expanded;

adequate wages for early childhood educators, regardless of setting;

(d) (4) Build capacity among new and existing providers to ensure quality standards are

met in all settings; and,

(e) (5) Ensure providers in the mixed-delivery system have sufficient facilities to expand

access to high-quality prekindergarten services.

16-87-7. Pre-kindergarten Prekindergarten facilities.

(a) No later than December 31, 2022, the department of human services shall provide the

speaker of the house and president of the senate with a report on the status of disbursement and

impact of capital funds made available by the early learning facilities general obligation bond

approved on March 2, 2021.

(b) The departments of elementary and secondary education and human services may also

provide recommendations for programs and initiatives to ensure that early childhood education

providers utilize facilities that meet licensing and facilities standards, in order to increase access to

high-quality prekindergarten learning environments. Programs and initiatives may include, but

shall not be limited to:

(1) Grant programs for facility planning and/or emergency facility maintenance;

(2) Establishing strategic partnerships between local education agencies and community-

based early learning providers to make use of available space in existing facilities; and/or

(3) Technical assistance for providers to access capital, navigate licensing standards for

facilities, and/or begin the facility improvement and development processes.

SECTION 5. Title 16 of the General Laws entitled "EDUCATION" is hereby amended by

adding thereto the following chapter:

CHAPTER 87.1

EARLY CHILDHOOD GOVERNANCE WORKING GROUP

16-87.1-1. Early childhood governance working group.

(a) There shall be created an early childhood governance working group (“the working

group”) consisting of:

(1) The director of the department of human services, or designee;

(2) The commissioner of the department of education, or designee;

(3) The commissioner of postsecondary education, or designee;

(4) The director of the department of health, or designee;

(5) The director of the department of administration, or designee;

(6) The Chair chair of the children’s cabinet, who shall be responsible for convening the

working group; and

(7) The executive director of RI Kids Count, or designee.

(b) The working group shall convene any necessary subgroups of working group members

and other stakeholders to inform and complete the early childhood governance recommendations

required under this section.

speaker of the house, president of the senate, and chairs of the house and senate finance and

education committees, that shall include recommendations regarding the governance of early

childhood programs in the state. The recommendations shall address, but need not be limited to:

(1) The coordination and administration of early childhood programs and services;

(2) The governance and organizational structure of early childhood programs and services,

including whether, and under what circumstances, the state should consider unifying early

childhood programs under one state agency;

(3) The fiscal structure of proposed recommendations; and

(4) The implementation of early childhood data systems, for strategic planning, program

implementation, and program evaluation.

(d) Staff of the children’s cabinet shall provide assistance in completing the duties of the

working group identified in this section.

(e) The RI early learning council shall serve as an advisory body to the working group.

SECTION 6. Section 16-107-5 of the General Laws in Chapter 16-107 entitled "Rhode

Island Promise Scholarship" is hereby amended to read as follows:

16-107-5. Administration of scholarship program.

(a) The financial aid office, in conjunction with the office of enrollment management or

their respective equivalent offices, at the community college of Rhode Island, shall administer the

scholarship program for state residents seeking associate degrees who meet the eligibility

requirements in this chapter.

(b) An award of the scholarship program shall cover the cost of two (2) years of tuition and

mandatory fees, less federal and all other financial aid monies available to the recipient student. No

grant received by students from the College Crusade Scholarship Act as established in chapter 70

of this title 16 shall be considered federal or financial aid for the purposes of this chapter.

6(a)(7).

SECTION 7. This Article shall take effect upon passage.