2015 -- H 5563

========

LC001214

========

     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2015

____________

A N   A C T

AN ACT RELATING TO EDUCATION - THE INTER-DISTRICT SCHOOL CHOICE

PROGRAM

     Introduced By: Representatives Nardolillo, Lancia, Giarrusso, and Chippendale

     Date Introduced: February 25, 2015

     Referred To: House Finance

     It is enacted by the General Assembly as follows:

     SECTION 1. Title 16 of the General Laws entitled "EDUCATION" is hereby amended

by adding thereto the following chapter:

CHAPTER 105

THE INTER-DISTRICT SCHOOL CHOICE PROGRAM

     16-105-1. Definitions. -- As used in this chapter, the following terms shall have the

following meanings:

     (1) "Above permanent foundation education aid amount" means: (i) For fiscal year

commencing July 1, 2016, fifty percent (50%) of the net losses incurred by a school district for

students who leave said district due to the provisions of this chapter; provided, however, that if

the amount lost by said district pursuant to this chapter is greater than two percent (2%) of the

total school budget of said district, the amount of said reimbursement shall be equal to seventy-

five percent (75%) of the net losses that result from the provisions of this chapter;

     (ii) Beginning in the fiscal year commencing July 1, 2017, and annually thereafter, the

amount of reimbursement shall be twenty-five percent (25%) of the net losses due to the

provisions of this chapter.

     (2) "Department" means the department of elementary and secondary education.

     (3) "Receiving district" means any city, town or regional school district within the state in

which a child does not reside, but in which that child attends public school under the provisions

of this chapter.

     (4) "Sending district" means any city, town or regional school district within the state in

which a child resides, but in which that child does not attend public school under the provisions

of this chapter.

     (5) "State school choice limit" means: (i) In the fiscal year commencing July 1, 2016, one

percent (1%) of the total number of students attending public schools in the state;

     (ii) In the fiscal year commencing July 1, 2017, one and one-half percent (1.5%) of the

total number of students attending public schools in the state;

     (iii) In the fiscal year commencing July 1, 2018, one and three-quarters percent (1.75%)

of the total number of students attending public schools in the state; and

     (iv) In the fiscal year commencing July 1, 2019, and thereafter, two percent (2%) of the

total number of students attending public schools in the state.

     16-105-2. Inter-district school choice program established. -- Effective July 1, 2016,

any child may attend a public school, in a city or town where he/she does not reside, as provided

for in this chapter; provided, however, that the receiving district shall be paid by the state a tuition

rate as established in §16-105-6.

     16-105-3. Reports to department of education. -- (a) Commencing in 2016, not later

than May 1 of every year, the school committee of each city, town or regional school district shall

submit a report to the department of elementary and secondary education stating:

     (1) The capacity of each school in said city, town or regional school district for the

following academic year;

     (2) The number of students expected to attend each school in said city, town or regional

school district in the following academic year;

     (3) The number of students attending said school district under the terms of this chapter

in the prior school year and the number of those students who are expected no longer to be

attending said school district in the next school year, except that such numbers shall not be

required in the report filed for May 1, 2016; and

     (4) The number of additional seats therefore available to non-resident students.

     (b) The department may require every district to update this report in whatever manner is

required to effectuate the objectives of this section.

     16-105-4. Participation by district in school choice program – Withdrawal from

program. -- Each city, town or regional school district shall enroll non-resident students at the

school of such non-resident student's choice, provided, however, that such receiving district has

seats available as stated in the report required pursuant to § 16-105-3. Provided, however, that

LC001214 - Page 2 of 9

this obligation to enroll non-resident students shall not apply to a district for a school year in

which its school committee, prior to June 1, after a public hearing, adopts a resolution

withdrawing from said obligation, for the school year beginning the following September. Any

such resolution of a school committee shall state the reasons therefor, and such resolution with

said reasons shall be filed with the department of education; provided, however, that said

department shall have no power to review any such decision by a school committee. If the city,

town or regional school district operates an intra-district choice plan, such as through the use of

magnet schools, non-resident students may apply for schools on the same basis as resident

students, but the intra-district choice plan may give preference to resident students in assigning

students to schools.

     16-105-5. Verification of participation and availability. -- Commencing in 2016, not

later than the July 1 in each year, each city, town or regional school district shall submit a non-

resident attendance report to the department and to the state treasurer, certifying the number of

non-resident applicants for each available seat in each school, the disposition of their

applications, how many of said applicants will be attending the district in the next school year, the

identity of the sending districts for those students, the annual amount of tuition for each such

child and the total tuition owed to the district based on full or partial attendance, itemized by the

amount attributable to each city or town of residence. The department may review said

certification to determine that the amount of the individual tuition charged for each child is in

accordance with the provisions of this chapter and shall inform the general treasurer of any errors.

The department may also, on a post-audit basis, verify the admission and attendance of the

number of children certified by each school district. In addition to the foregoing, all said districts

shall, on October 1 and April 1 report to the department and certify to the general treasurer

accurate and up-to-date reports of all the information required in the nonresident attendance

report. If the total number of students admitted to receiving districts pursuant to this chapter is

greater than the state school choice limit, the department shall notify all districts that no more

students may be accepted pursuant to this section.

     16-105-6. Tuition amounts. -- (a) For each student enrolling in a receiving district, there

shall be a school choice tuition amount. Said tuition amount shall be equal to seventy-five percent

(75%) of the actual per pupil spending amount in the receiving district for such education as is

required by such non-resident student, but not more than five thousand dollars ($5,000); provided,

however, that for special education students whose tuition amount shall remain the expense per

student for such type of education as is required by such non-resident student. The state treasurer

is hereby authorized and directed to deduct said school choice tuition amount from the total

LC001214 - Page 3 of 9

permanent foundation education aid pursuant to § 16-7.2-3 of said student's sending district, prior

to the distribution of said aid and to deposit said aid in the school choice tuition trust fund

established by § 16-105-17.

     (b) In the case of a child residing in a municipality which belongs to a regional school

district, the school choice tuition amount shall be deducted from permanent foundation education

aid of the school district appropriate to the grade level of the child. If, in a single district, the total

of all such deductions exceeds the total of said education aid, this excess amount shall be

deducted from other aid appropriated to the city or town. If, in a single district, the total of all

such deductions exceeds the total state aid appropriated, the state shall appropriate this excess

amount; provided, however, that id said district has exempted itself from the provisions of this

chapter, the state shall assess said district for said excess amount.

     16-105-7. School choice tuition. -- The general treasurer is further directed to disburse to

the receiving district, from the school choice tuition trust fund established by §16-105-17, an

amount equal to each student's school choice tuition; provided, however, that each public school

district which admits children under the provisions of this chapter, shall certify to the general

treasurer the number of such children attending its public schools, the city or town of residence of

each such child, the annual amount of tuition for each such child and the total tuition owed to the

district based on full or partial attendance, itemized by the amount attributable to each city or

town of residence; and provided further, that such certification shall be made on October 1 of

each year and April 1 of each year, commencing on and after July 1, 2016. Each school district

submitting a certification to the state treasurer shall also submit a copy of said certification to the

department of education. Said department may review said certification to determine that the

amount of the individual tuition charged for each child is in accordance with the provisions of this

chapter and shall inform the state treasurer of any errors. The department may also, on a post-

audit basis, verify the admission and attendance of the number of children certified by each

school district.

     16-105-8. Parent information system established. -- There shall be a parent

information system established, maintained and developed by the department of education to

disseminate to parents detailed and comparable information about each school system

participating in the school choice program, so-called, which shall include, but not be limited to,

information on special programs offered by the school, philosophy of the school, number of

spaces available, transportation plans, class sizes, teacher/student ratios, and data and information

on school performance that indicate its quality. Said information shall include the school profiles.

The department may include information regarding regional choice initiatives as deemed

LC001214 - Page 4 of 9

appropriate. The system shall have as its primary goal to ensure that all parents have an equal

opportunity to participate in the program of inter-district choice. The department of education,

when disseminating this information shall encourage the parent and student to make at least one

visit to the school of choice as part of the application procedure.

     16-105-9. School choice transportation reimbursement program. -- (a) Subject to

appropriation, the department of education shall develop and administer a school choice

transportation reimbursement program for the purpose of providing reimbursement for the

transportation of pupils enrolled under the provisions of this section. Pupils eligible for said

reimbursement must be eligible to receive free or reduced cost lunches under eligibility

guidelines promulgated by the federal government under 42 U.S.C. §1758. The department may

limit said reimbursement to a yearly amount. The types of transportation to be reimbursed

pursuant to said program shall include, but need not to be limited to, the following:

     (1) Transportation by school buses provided by the sending or receiving district;

     (2) Transportation provided by the parent or guardian of the child; and

     (3) Transportation provided by public transportation. All eligible pupils who attend a

school district contiguous to the school district of residence of such pupil shall be eligible for said

reimbursement.

     (b) If cost-effective transportation alternatives exist for pupils who attend districts not

contiguous to the school districts of residence of such pupil, the department may provide a

transportation reimbursement. Said reimbursements may be paid to the district in which the pupil

is enrolled, the district of residence of the student, or the parent, guardian or person acting as

guardian of the student; provided, however, that said district or parent provide documentation of

the transportation expenditure. The department of education shall promulgate rules and

regulations for the program. The department of education shall disseminate information to parents

and school systems detailing the availability of said transportation reimbursements. A full

description of said school choice transportation reimbursement program shall be submitted to the

house and senate. Nothing in this section shall confer upon any student attending a private school

any right to transportation or reimbursement therefor.

     16-105-10. School committees may establish terms for accepting non-resident

students - Limitations. -- (a) School committees may establish terms for accepting non-resident

students; provided, however, that if the number of non-resident students applying for acceptance

to said district exceeds the number of non-resident students applying for acceptance to said

district exceeds the number of available seats, said school committee shall select students for

admission on a random basis; provided, further, that said school committee shall conduct said

LC001214 - Page 5 of 9

random selection twice: one time prior to July 1 and one time prior to November 1; provided,

further, that no school committee shall discriminate in the admission of any child on the basis of

race, color, religious creed, national origin, sex, gender identity, age, sexual orientation, ancestry,

athletic performance, physical handicap, special need or academic performance or proficiency in

the English language.

     (b) Any school committee that accepts non-resident students under the provisions of this

chapter shall notify each district from which it has accepted a non-resident student of its

acceptance of that student; provided, however, that a school committee may not publicly release

the names of students leaving or entering a district under the provisions of this section.

Notwithstanding the preceding provisions of this section, any sibling of a student already enrolled

in the receiving district shall receive priority for admission to said district.

     16-105-11. Student permitted to remain in system. -- Any child accepted to attend a

public school in a community other than the one in which he/she resides pursuant to this chapter

shall be permitted to remain in that school system until his/her high school graduation, unless

there is a lack of funding of the program.

     16-105-12. Pupils already in system. -- Notwithstanding the provisions of this chapter

or any general or special law to the contrary, any school district which admitted children on a

private tuition basis prior to July 1, 2016, may continue, on that basis, to admit any child who

attended its school system prior to that date, as well as any sibling or step-sibling of such child

and any foster child residing in the home of such child.

     16-105-13. Determination as to certain students already paying tuition. -- Any

student who, pursuant to the provisions of this chapter, has been attending or has been admitted to

attend a public school of a city or town in which he/she does not reside and for whom the state

has been paying tuition or, in the case of a student recently admitted, would be required to pay

tuition in the coming year, shall be deemed to be a student admitted pursuant to and shall be

subject to all of the provisions of this chapter; provided, however, that said students shall be

allowed to remain in said school notwithstanding any determination of capacity or decision by the

receiving district to withdraw made pursuant to this chapter.

     16-105-14. Eligibility for school choice reimbursement. -- Subject to appropriation,

any sending district for which the provisions of this chapter result in a reduction in permanent

foundation education aid as set forth in chapter 7.2 of title 16 shall be eligible to apply for a

school choice reimbursement from the state. The department of education shall promulgate rules

and regulations to determine method for calculating such adjustments and reimbursements.

     16-105-15. Receipt of funds permitted. -- The state and the school committee of and

LC001214 - Page 6 of 9

municipality may accept funds from the federal government for the purposes of this chapter. Any

amounts received by the school committee of any municipality from the federal government,

from the state or from a charitable foundation or private institution shall be deposited with the

treasurer of such municipality and held as a separate account, and may be expended by said

school committee without further appropriation. Whenever such funds are received after the

submission of the annual school budget, all or any portion thereof may be expended by the school

committee without further appropriation, but shall be accounted for in the next annual school

budget.

     16-105-16. Students with individual education plans. -- If the student attends the

public school of another city, town or regional school district and it is anticipated that the student

shall need the services of a private day or residential school, an individual education plan team

meeting shall be convened by the school district in which the child is attending school. The

school district in which the student attends school shall notify the school district where the

student resides of the team meeting at least five (5) school days prior to the meeting. Personnel

from the district in which the child resides shall be allowed to participate in the team meeting

concerning future placement of the child.

     16-105-17. School choice tuition trust fund. -- There shall be established a separate

fund, to be known as the school choice tuition trust fund. The general treasurer shall deposit in

such fund all school choice tuition amounts deducted from the education aid of sending districts,

all amounts deducted from other aid to cities and towns, and any amounts appropriated due to an

excess of deductions over such other aid, as such terms and amounts are defined in. Monies in

the fund shall be disbursed, without further appropriation, by the treasurer to receiving districts as

such district's school choice tuition amounts due such receiving districts, as such terms and

amounts are defined in §16-105-1.

     16-105-18. Transfer cards to be furnished. -- When any child described in this chapter

as attending an inter-district school leaves the school or institution where he/she is being educated

because of change of residence to another municipality in the state, the superintendent of schools,

in the case of a public school, or otherwise the person in charge, shall furnish such child a transfer

card in a form prescribed by the department of education which shall contain, in addition to any

other information relative to him/her, his/her name, age, grade in school, and in every case

possible, his/her new street and number, and shall forthwith send a duplicate thereof to the

superintendent of schools of the municipality where the child is to reside.

LC001214 - Page 7 of 9

     SECTION 2. This act shall take effect upon passage.

========

LC001214

========

LC001214 - Page 8 of 9

EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N   A C T

AN ACT RELATING TO EDUCATION - THE INTER-DISTRICT SCHOOL CHOICE

PROGRAM

***

     This act would implement inter-district school choice programs among public school

districts in Rhode Island.

     This act would take effect upon passage.

========

LC001214

========

LC001214 - Page 9 of 9