2022 -- H 7547

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2022

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A N   A C T

RELATING TO EDUCATION -- THE EDUCATION EQUITY AND PROPERTY TAX

RELIEF ACT

     Introduced By: Representatives Noret, Casimiro, McNamara, Amore, Corvese, Solomon,
Azzinaro, Diaz, Kazarian, and Alzate

     Date Introduced: February 18, 2022

     Referred To: House Finance

     It is enacted by the General Assembly as follows:

     SECTION 1. Sections 16-7.2-3 and 16-7.2-4 of the General Laws in Chapter 16-7.2 entitled

"The Education Equity and Property Tax Relief Act" are 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." Provided, the methods and measurements

provided for in § 16-7.2-3(f) shall be applied.

     (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.

     (c) In addition, the department shall report updated figures based on the average daily

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.

     (f) The department of elementary and secondary education shall develop proper methods

and measures to ensure that school districts are credited with proper per-pupil poverty counts,

which methods or measures shall not rely on the school lunch delivery program the department

currently administers. Those methods and measures shall be updated annually and uniformly to

verifiable metrics.

     16-7.2-4. Determination of state's share.

     (a) For each district, the state's share of the foundation education aid calculated pursuant

to § 16-7.2-3(a) shall use a calculation that considers a district's revenue-generating capacity and

concentration of high-need students. The calculation is the square root of the sum of the state-share

ratio for the community calculation, pursuant to § 16-7-20, squared plus the district's percentage of

students in grades PK-6 in poverty status squared, divided by two. Provided, the methods and

measurements provided for in § 16-7.2-4(c) shall be applied.

     (b) For purposes of determining the state's share, school district student data used in this

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calculation shall include charter school and state school students. These ratios are used in the

permanent foundation education aid formula calculation described in § 16-7.2-5.

     (c) The department shall develop proper methods and measures to ensure school districts

are credited with proper per-pupil poverty counts, which methods or measures shall not rely on the

school lunch delivery program the department currently administers. Those methods and measures

shall be updated annually and uniformly to verifiable metrics.

     SECTION 2. This act shall take effect upon passage.

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EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N   A C T

RELATING TO EDUCATION -- THE EDUCATION EQUITY AND PROPERTY TAX

RELIEF ACT

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     This act would mandate the department of education to provide a proper measurement of

the per-pupil poverty count other than the current lunch delivery method, to ensure that school

districts are credited accordingly.

     This act would take effect upon passage.

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