2022 -- S 2038

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LC004068

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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: Senators Murray, Pearson, Cano, Seveney, Acosta, and Picard

     Date Introduced: January 25, 2022

     Referred To: Senate Education

     It is enacted by the General Assembly as follows:

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     SECTION 1. Section 16-7.2-6 of the General Laws in Chapter 16-7.2 entitled "The

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Education Equity and Property Tax Relief Act" is hereby amended to read as follows:

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     16-7.2-6. Categorical programs, state funded expenses.

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     In addition to the foundation education aid provided pursuant to § 16-7.2-3, the permanent

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foundation education-aid program shall provide direct state funding for:

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     (a) Excess costs associated with special education students. Excess costs are defined when

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an individual special education student's cost shall be deemed to be "extraordinary." Extraordinary

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costs are those educational costs that exceed the state-approved threshold based on an amount

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above five times the core foundation amount (total of core-instruction amount plus student success

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amount). The department of elementary and secondary education shall prorate the funds available

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for distribution among those eligible school districts if the total approved costs for which school

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districts are seeking reimbursement exceed the amount of funding appropriated in any fiscal year;

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and the department of elementary and secondary education shall also collect data on those

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educational costs that exceed the state-approved threshold based on an amount above two (2), three

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(3), and four (4) times the core-foundation amount;

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     (b) Career and technical education costs to help meet initial investment requirements

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needed to transform existing, or create new, comprehensive, career and technical education

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programs and career pathways in critical and emerging industries and to help offset the higher-

 

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than-average costs associated with facilities, equipment maintenance and repair, and supplies

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necessary for maintaining the quality of highly specialized programs that are a priority for the state.

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The department shall develop criteria for the purpose of allocating any and all career and technical

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education funds as may be determined by the general assembly on an annual basis. The department

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of elementary and secondary education shall prorate the funds available for distribution among

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those eligible school districts if the total approved costs for which school districts are seeking

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reimbursement exceed the amount of funding available in any fiscal year;

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     (c) Programs to increase access to voluntary, free, high-quality pre-kindergarten programs.

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The department shall recommend criteria for the purpose of allocating any and all early childhood

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program funds as may be determined by the general assembly;

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     (d) Central Falls, Davies, and the Met Center Stabilization Fund is established to ensure

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that appropriate funding is available to support their students. Additional support for Central Falls

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is needed due to concerns regarding the city's capacity to meet the local share of education costs.

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This fund requires that education aid calculated pursuant to § 16-7.2-3 and funding for costs outside

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the permanent foundation education-aid formula, including, but not limited to, transportation,

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facility maintenance, and retiree health benefits shall be shared between the state and the city of

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Central Falls. The fund shall be annually reviewed to determine the amount of the state and city

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appropriation. The state's share of this fund may be supported through a reallocation of current state

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appropriations to the Central Falls school district. At the end of the transition period defined in §

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16-7.2-7, the municipality will continue its contribution pursuant to § 16-7-24. Additional support

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for the Davies and the Met Center is needed due to the costs associated with running a stand-alone

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high school offering both academic and career and technical coursework. The department shall

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recommend criteria for the purpose of allocating any and all stabilization funds as may be

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determined by the general assembly;

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     (e) Excess costs associated with transporting students to out-of-district non- public schools.

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This fund will provide state funding for the costs associated with transporting students to out-of-

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district non-public schools, pursuant to chapter 21.1 of this title. The state will assume the costs of

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non-public out- of-district transportation for those districts participating in the statewide system.

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The department of elementary and secondary education shall prorate the funds available for

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distribution among those eligible school districts if the total approved costs for which school

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districts are seeking reimbursement exceed the amount of funding available in any fiscal year;

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     (f) Excess costs associated with transporting students within regional school districts. This

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fund will provide direct state funding for the excess costs associated with transporting students

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within regional school districts, established pursuant to chapter 3 of this title. This fund requires

 

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that the state and regional school district share equally the student transportation costs net any

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federal sources of revenue for these expenditures. The department of elementary and secondary

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education shall prorate the funds available for distribution among those eligible school districts if

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the total approved costs for which school districts are seeking reimbursement exceed the amount

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of funding available in any fiscal year;

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     (g) Public school districts that are regionalized shall be eligible for a regionalization bonus

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as set forth below:

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     (1) As used herein, the term "regionalized" shall be deemed to refer to a regional school

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district established under the provisions of chapter 3 of this title, including the Chariho Regional

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School district;

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     (2) For those districts that are regionalized as of July 1, 2010, the regionalization bonus

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shall commence in FY 2012. For those districts that regionalize after July 1, 2010, the

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regionalization bonus shall commence in the first fiscal year following the establishment of a

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regionalized school district as set forth in chapter 3 of this title, including the Chariho Regional

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School District;

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     (3) The regionalization bonus in the first fiscal year shall be two percent (2.0%) of the

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state's share of the foundation education aid for the regionalized district as calculated pursuant to

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§§ 16-7.2-3 and 16-7.2-4 in that fiscal year;

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     (4) The regionalization bonus in the second fiscal year shall be one percent (1.0%) of the

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state's share of the foundation education aid for the regionalized district as calculated pursuant to

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§§ 16-7.2-3 and 16-7.2-4 in that fiscal year;

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     (5) The regionalization bonus shall cease in the third fiscal year;

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     (6) The regionalization bonus for the Chariho regional school district shall be applied to

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the state share of the permanent foundation education aid for the member towns; and

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     (7) The department of elementary and secondary education shall prorate the funds available

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for distribution among those eligible regionalized school districts if the total, approved costs for

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which regionalized school districts are seeking a regionalization bonus exceed the amount of

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funding appropriated in any fiscal year;

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     (h) Additional state support for English learners (EL). The amount to support EL students

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shall be determined by multiplying an EL factor of ten percent (10%) by the core-instruction per-

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pupil amount defined in § 16-7.2-3(a)(1) and applying that amount of additional state support to

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EL students identified using widely adopted, independent standards and assessments identified by

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the commissioner. All categorical funds distributed pursuant to this subsection must be used to

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provide high-quality, research- based services to EL students and managed in accordance with

 

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requirements set forth by the commissioner of elementary and secondary education. The

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department of elementary and secondary education shall collect performance reports from districts

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and approve the use of funds prior to expenditure. The department of elementary and secondary

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education shall ensure the funds are aligned to activities that are innovative and expansive and not

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utilized for activities the district is currently funding. The department of elementary and secondary

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education shall prorate the funds available for distribution among eligible recipients if the total

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calculated costs exceed the amount of funding available in any fiscal year;

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     (i) State support for school resource officers. For purposes of this subsection, a school

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resource officer (SRO) shall be defined as a career law enforcement officer with sworn authority

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who is deployed by an employing police department or agency in a community-oriented policing

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assignment to work in collaboration with one or more schools. School resource officers should have

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completed at least forty (40) hours of specialized training in school policing, administered by an

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accredited agency, before being assigned. Beginning in FY 2019, for a period of three (3) years,

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school districts or municipalities that choose to employ school resource officers shall receive direct

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state support for costs associated with employing such officers at public middle and high schools.

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Districts or municipalities shall be reimbursed an amount equal to one-half (½) of the cost of

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salaries and benefits for the qualifying positions. Funding will be provided for school resource

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officer positions established on or after July 1, 2018, provided that:

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     (1) Each school resource officer shall be assigned to one school:

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     (i) Schools with enrollments below one thousand twelve two hundred (1,200) students shall

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require one school resource officer;

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     (ii) Schools with enrollments of one thousand twelve two hundred (1,200) or more students

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shall require two school resource officers;

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     (2) School resource officers hired in excess of the requirement noted above shall not be

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eligible for reimbursement; and

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     (3) Schools that eliminate existing school resource officer positions and create new

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positions under this provision shall not be eligible for reimbursement; and

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     (j) Categorical programs defined in subsections (a) through (g) shall be funded pursuant to

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the transition plan in § 16-7.2-7.

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     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 remove the language that requires the department of elementary and

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secondary education to prorate funds available for distribution among school districts if the total

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approved costs of sought after reimbursement exceeds the amount of funding appropriated in any

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fiscal year. This act would also eliminate the funding of the categorical programs pursuant to the

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transition plan in § 16-7.2-7.

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     This act would take effect upon passage.

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