2013 -- S 1035 SUBSTITUTE A

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LC02913/SUB A

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STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2013

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A N A C T

RELATING TO EDUCATION -- FULL-DAY KINDERGARTEN ACCESSIBILITY ACT

     Introduced By: Senator Hanna M. Gallo

     Date Introduced: June 27, 2013

     Referred To: Senate Education

It is enacted by the General Assembly as follows:

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     SECTION 1. Sections 16-99-4 and 16-99-5 of the General Laws in Chapter 16-99

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entitled “Full-Day Kindergarten Accessibility Act” are hereby amended to read as follows:

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     16-99-4. Eligible school districts; funding. --

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      (a) A school district shall be eligible to receive request funding pursuant to subsection

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16-96-4(b) 16-99-4(b), if:

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

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     (2) The school district operates a half-day kindergarten program as of September 1, 2011

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2012, but not a full-day kindergarten, as defined herein, serving more than one-half of the

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kindergarten students in the district as determined on a headcount basis.

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     (b) Subject to appropriation, beginning with school year 2013-2014, the commissioner of

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elementary and secondary education shall approve up to four (4) eligible public school districts

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per year to voluntarily implement a full-day kindergarten program as defined herein. The

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aforementioned schools school district shall receive funding to offset a portion of the reasonable

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one-time, start-up costs including, but not limited to, desks, books, facility upgrades, ancillary

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costs associated with relocation of students, costs associated with the development and

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implementation of new curriculum, and any other necessary expenses associated with each

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school's implementation of a full-day kindergarten program. Funds will be appropriated based

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upon criteria established by the commissioner of elementary and secondary education to ensure

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the quality and sustainability of the full-day kindergarten programs implemented.

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     (c) If more than four (4) eligible school districts apply in one year, or if the appropriation

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does not support four (4) eligible districts, the commissioner of elementary and secondary

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education shall determine which districts shall access the available funds for start-up costs. The

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commissioner's decision shall consider the sustainability of the program and the average number

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of children eligible for USDA reimbursable school meals served by the respective district’s

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elementary schools. The commissioner may consider the school district’s plan ability of the

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district to house the kindergarten enrollment, implement a quality full-day program. ,and sustain

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the program once implemented, and the decision should maximize the number of students that

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can enter full-day kindergarten program for that year.

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     (d) School districts receiving funds pursuant to this chapter must operate only a full-day

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program, no half-day programs. The full-day kindergarten program must continue to operate for

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five (5) years.

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

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     (f) Notwithstanding the provisions of subsection (d), school districts who request funding

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pursuant to this chapter may be allowed to phase-in the implementation of a full-day kindergarten

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program, provided that the district provides the department of elementary and secondary

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education with a schedule and plan as to the implementation of such program.

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     16-99-5. Reporting.--

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     The Rhode Island department of elementary and secondary education shall report to the

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senate president, speaker of the house, and the governor on the progress of this initiative on or

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before May 1st, 2013 2014, and on an annual basis by May 1st of each year thereafter.

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     SECTION 2. Section 16-7-22 of the General Laws in Chapter 16-7 entitled "Foundation

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Level School Support" is hereby amended to read as follows:

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     16-7-22. Determination of average daily membership. -- Each community shall be

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paid pursuant to the provisions of section 16-7-17 an amount based upon the following

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provisions:

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      (1) On or before September 1 of each year the average daily membership of each city

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and town for the reference year shall be determined by the commissioner of elementary and

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secondary education from data supplied by the school committee in each community in the

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following manner: The aggregate number of days of membership of all pupils enrolled full time

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in grade twelve (12) and below, except that pupils below grade one who are not full time shall be

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counted on a full time equivalent basis: (i) increased by the aggregate number of days of

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membership of pupils residing in the particular city or town whose tuition in schools approved by

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the department of elementary and secondary education in other cities and towns is paid by the

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particular city or town; and (ii) decreased by the aggregate number of days of membership of

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nonresident pupils enrolled in the public schools of the particular city or town and further

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decreased by the aggregate number of days of membership equal to the number of group home

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beds calculated for the purposes of reimbursement pursuant to section 14-64-1.1; and (iii)

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decreased further, in the case of a city or town which is a member of a regional school district

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during the first year of operation of the regional school district, by the aggregate number of days

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of membership of pupils residing in the city or town who would have attended the public schools

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in the regional school district if the regional school district had been operating during the

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previous year, divided by the number of days during which the schools were officially in session

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during the reference year. The resulting figures shall be the average daily membership for the city

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or town for the reference year. For purposes of calculating the permanent foundation education

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aid as described in section 16-7.2-3(1) and (2), the average daily membership for school districts

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shall exclude charter school and state school students., and beginning in school year 2014-2015,

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include an estimate to ensure that districts converting from a half-day to a full-day kindergarten

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program pursuant to section 16-99-4 are, credited on a full-time basis beginning in the first year

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of enrollment.

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      (2) The average daily membership of pupils attending public schools shall apply for the

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purposes of determining the percentage of the state's share under the provisions of sections 16-7-

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16(3), 16-7-16(10), 16-7-18, 16-7-19, 16-7-20, 16-7-21 and 16-7.2-4.

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      (3) In the case of regional school districts, the aggregate number of days of membership

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by which each city or town is decreased in subdivision (1)(iii) of this section divided by the

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number of days during which the schools attended by the pupils were officially in session shall

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determine the average daily membership for the regional school district during the first year of

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operation. After the first year of operation, the average daily membership of each regional school

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district, except the Chariho regional high school district, shall be determined by the commissioner

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of elementary and secondary education from data supplied by the school committee of each

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regional school district for the reference year in the manner provided in subdivision (1) of this

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section.

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     SECTION 3. This act shall take effect upon passage and shall include additional funding

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in the foundation educational aid estimate.

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EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N A C T

RELATING TO EDUCATION -- FULL-DAY KINDERGARTEN ACCESSIBILITY ACT

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     This act would expand the criteria to be considered by the commissioner of elementary

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and secondary education when selecting and approving school districts that will receive state

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funding to assist in commencing a full-day kindergarten program. This act would also expand

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upon areas where districts could expend such funds if selected by the commissioner.

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     This act would take effect upon passage, and would include additional funding in the

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foundation educational aid estimate.

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LC02913/SUB A

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