ARTICLE 19 SUBSTITUTE A AS AMENDED

RELATING TO EDUCATION AID

SECTION 1. Section 16-7-23 of the General Laws in Chapter 16-7 entitled “Foundation Level School Support” is hereby amended to read as follows:

§ 16-7-23.  Community requirements – Adequate minimum budget provision. – (a) The school committee's budget provisions of each community for current expenditures in each budget year shall provide for an amount from all sources sufficient to support the basic program and all other approved programs shared by the state. Each community shall contribute local funds to its school committee in an amount not less than its local contribution for schools in the previous fiscal year; provided, however, that for FY 2005, that amount shall not be less than provided for FY 2003. Calculation of the annual local contribution shall not include Medicaid revenues received by the municipality or district pursuant to chapter 8 of title 40. A community which has a decrease in enrollment may compute maintenance of effort on a per pupil rather than on an aggregate basis when determining its local contribution; furthermore, a community which experiences a nonrecurring expenditure for its schools may deduct the nonrecurring expenditure in computing its maintenance of effort. The deduction of nonrecurring expenditures shall be with the approval of the commissioner. The courts of this state shall enforce this section by writ of mandamus.

(b) Whenever any state 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. All state funds shall be appropriated by the municipality to the school committee for educational purposes in the same fiscal year in which they are appropriated at the state level even if the municipality has already adopted a school budget. All state and local funds unexpended by the end of the fiscal year of appropriation shall remain a surplus of the school committee and shall not revert to the municipality. Any surplus of state or local funds appropriated for educational purposes shall not in any respect affect the requirement that each community contribute local funds in an amount not less than its local contribution for schools in the previous fiscal year, subject to subsection (a) of this section, and shall not in any event be deducted from the amount of the local appropriation required to meet the maintenance of effort provision in any given year.

SECTION 2. Sections 16-7.1-5 and 16-7.1-15 of the General Laws in Chapter 16-7.1 entitled “The Rhode Island Student Investment Initiative” are hereby amended to read as follows:

16-7.1-5. Intervention and support for failing schools. -- (a) The board of regents shall adopt a series of progressive support and intervention strategies consistent with the Comprehensive Education Strategy and the principles of the "School Accountability for Learning and Teaching" (SALT) of the board of regents for those schools and school districts that continue to fall short of performance goals outlined in the district strategic plans. These strategies shall initially focus on: (1) technical assistance in improvement planning, curriculum alignment, student assessment, instruction, and family and community involvement; (2) policy support; (3) resource oversight to assess and recommend that each school has adequate resources necessary to meet performance goal; and (4) creating supportive partnerships with education institutions, business, governmental, or other appropriate nonprofit agencies. If after a three (3) year period of support there has not been improvement in the education of students as determined by objective criteria to be developed by the board of regents, then there shall be progressive levels of control by the department of elementary and secondary education over the school and/or district budget, program, and/or personnel. This control by the department of elementary and secondary education may be exercised in collaboration with the school district and the municipality. If further needed, the school shall be reconstituted. Reconstitution responsibility is delegated to the board of regents and may range from restructuring the school's governance, budget, program, personnel, and/or may include decisions regarding the continued operation of the school. The board of regents shall assess the district's capacity and may recommend the provision of additional district, municipal and/or state resources. If a school or school district is under the board of regents' control as a result of actions taken by the board pursuant to this section, the local school committee shall be responsible for funding that school or school district at the same level as in the prior academic year increased by the same percentage as the state total of school aid is increased.

(b) For FY 2006 2007, the department shall dedicate one hundred thousand dollars ($100,000) from funds appropriated to support progressive support and intervention and SALT visits to support the Rhode island Consortium for Instructional Leadership and Training. This consortium is engaged in training school leaders to be more effective instructional leaders in the standards based instruction environment.

16-7.1-15. The Rhode Island student investment initiative. – (a) Each locally or regionally operated school district shall receive as a base the same amount of school aid as each district received in fiscal year 1997-1998, adjusted to reflect the increases or decreases in aid enacted to meet the minimum and maximum funding levels established for FY 2000 through FY 2005 FY 2006. Each school district shall also receive school aid through each investment fund for which that district qualifies pursuant to §§ 16-7.1-8, 16-7.1-9, 16-7.1-10, 16-7.1-11, 16-7.1-12, 16-7.1-16 and 16-7.1-19. These sums shall be in addition to the base amount described in this section. For FY 2007, the reference year for the data used in the calculation of aid pursuant to §§16-7.1-8, 16-7.1-9, 16-7.1-10, 16-7.1-11, 16-7.1-12, and 16-7.1-16 shall be FY 2004. Calculation and distribution of education aid under §§ 16-5-31, 16-5-32, 16-7-20, 16-7-20.5, 16-7-34.2, 16-7-34.3, 16-24-6, 16-54-4, and 16-67-4 is hereby suspended. The funding of the purposes and activities of chapter 67 of this title, the Rhode Island Literacy and Dropout Prevention Act of 1967, shall be the same amount of the base amount of each district funded for that purpose in fiscal year 1997-1998. In addition each district shall expend three percent (3%) of its student equity and early childhood funds under the provisions of chapter 67 of this title.

(b) Funding for full day kindergarten programs in accordance with § 16-7.1-11.1 shall be in addition to funding received under this section.

(c) Funding distributed under §§ 16-77.1-2(b) and 16-64-1.1 shall be in addition to funding distributed under this section.

(d) There shall be an appropriation to ensure that total aid distributed to communities in FY 2006 FY 2007 under this section and §§ 16-7.1-11.1, 16-64-1.1 and 16-77.1-2(b) shall be as follows:

Barrington 2,479,907 2,599,526

Burrillville 13,145,661 13,779,743

Charlestown 1,910,676 2,002,838

Coventry 19,151,316 20,075,081

Cranston 33,943,638 35,580,911

Cumberland 12,646,981 13,257,009

East Greenwich 1,860,042 1,949,761

East Providence 25,530,776 26,762,254

Foster 1,351,283 1,416,463

Glocester 3,065,960 3,213,847

Hopkinton 5,954,153 6,241,352

Jamestown 507,432 531,908

Johnston 10,413,088 10,915,364

Lincoln 7,062,603 7,403,268

Little Compton 351,839 368,810

Middletown 10,014,086 10,497,116

Narragansett 1,809,860 1,897,159

Newport 11,253,278 11,796,080

New Shoreham 101,451 106,345

North Kingstown 11,434,463 11,986,005

North Providence 12,623,955 13,232,872

North Smithfield 4,611,787 4,834,237

Pawtucket 63,782,029 66,858,559

Portsmouth 5,962,443 6,250,042

Providence 185,048,912 193,974,756

Richmond 5,903,843 6,188,615

Scituate 3,250,400 3,407,183

Smithfield 5,407,726 5,668,568

South Kingstown 9,948,816 10,428,698

Tiverton 5,659,091 5,932,058

Warwick 35,894,621 37,626,000

Westerly 6,528,189 6,843,077

West Warwick 19,499,965 20,440,547

Woonsocket 45,425,511 47,616,613

Bristol-Warren 19,554,956 20,498,190

Exeter-West Greenwich 7,308,493 7,661,019

Chariho 380,004 398,334

Foster-Glocester 5,466,199 5,729,861

Central Falls 41,319,965 43,313,036

This special provision shall not limit entitlements as determined by application of other formula provisions in this section.

(e) Children with disabilities. (1) Based on its review of special education within the context of Rhode Island school reform, the general assembly recommends addressing the needs of all children and preventing disability through scientific research based, as described in the No Child Left Behind Act of 2001, Title 1, Part B, Section 1208 [20 U.S.C. § 6368], reading instruction and the development of Personal Literacy Programs for students in the early grades performing below grade level in reading and implement a system of student accountability that will enable the state to track individual students over time. Additionally, the department of elementary and secondary education must provide districts with rigorous criteria and procedures for identifying students with learning disabilities and speech/language impairments. Additional study is required of factors that influence programming for students with low incidence disabilities; those with disabilities that severely compromise life functions; and programming for students with disabilities through urban special education. Alternatives for funding special education require examination.

(2) All departments and agencies of the state shall furnish any advice and information, documentary and otherwise, to the general assembly and its agents that is deemed necessary or desirable by the study to facilitate the purposes of this section.

 SECTION 3. Section 16-64-1.1 of the General Laws in Chapter 16-64 entitled “Residence for Children for School Purposes” is hereby amended to read as follows:

§ 16-64-1.1.  Payment and reimbursement for educational costs of children placed in foster care, group homes, or other residential facility by a Rhode Island state agency.—

(a) Children placed in foster care by a Rhode Island licensed child placing agency or a Rhode Island governmental agency shall be entitled to the same free appropriate public education provided to all other residents of the city or town where the child is placed. The city or town shall pay the cost of the education of the child during the time the child is in foster care in the city or town.

(b) Children placed by DCYF in a group home or other residential facility that does not include the delivery of educational services are to be educated by the community in which the group home or other residential facility is located, and those children shall be entitled to the same free appropriate public education provided to all other residents of the city or town where the child is placed. For purposes of payment and reimbursement for educational costs under this chapter, the term "group home or other residential facility" shall not include independent living programs. Each city and town that contains one or more group homes or other residential facilities that do not include delivery of educational services will receive funds as part of state aid to education in accordance with the following provisions:

(1) On June 30 of each year the DCYF shall provide the department of elementary and secondary education with a precise count of how many group home or other residential facility "beds" exist in each Rhode Island city or town, counting only those "beds" in facilities that do not include the delivery of educational services. The number of "beds" in each group home or other residential facility shall be equal to the maximum number of children that may be placed in that group home or other residential facility on any given night according to the applicable licensure standards of the DCYF. This notification shall also include an estimate of the number of group home beds by city or town that are projected to be licensed by DCYF between July 1 and December 31 of each year.

(2) On June 30 of each year the DCYF shall provide the department of elementary and secondary education with a precise count of the total number of students aged three (3) to twenty-one (21) in DCYF care on that date who reside in group homes in the state of Rhode Island, as well as an accurate accounting of the percentage of those children that are eligible for special education and related services pursuant to the Individuals with Disabilities Education Act [20 U.S.C. § 1400 et seq.] as of that date;

(3) Each city or town shall receive state education aid in an amount equal to the number of group home or other residential facility "beds" in that community multiplied by a per pupil rate, subject to appropriation, intended to reflect the average cost per pupil based on the blend of regular education and special education students in group homes as derived from figures supplied on June 30 of the reference year as defined in § 16-7-16(11). Each city or town shall receive an additional per pupil rate for beds certified by DCYF as licensed between July 1 and December 31 of each year. Any city or town may petition the commissioner of elementary and secondary education for additional state education aid pursuant to this section in any year in which the total number of group home or other residential facility "beds" is increased by more than five (5) in any annual cycle.

(4) The general assembly shall annually appropriate a sum sufficient to distribute to each city or town the aid required by this subsection based upon the DCYF count provided on June 30 of the reference year as defined in § 16-7-16(11) and that aid shall be distributed by the department of elementary and secondary education. For an appropriation to be made for payments to be made for the 2001-2002 school year the DCYF shall establish a count as required in this subsection upon passage of this legislation [July 5, 2001]. This count shall be determined based on the group home and other residential facility "beds" in existence in each community as of December 31 of the preceding year.

(5) For fiscal year 2007, aid received pursuant to this section shall be equal to aid received in the fiscal year 2006 enacted budget. However, notwithstanding the language in subsection 3 limiting requests for additional aid to the year in which facility "beds" have increased by more than five (5) in that annual cycle, communities may, pursuant to subsection 3, petition in the fiscal year 2007 for additional aid based upon an increase of more than five (5) "beds" subsequent to the passage of the fiscal year 2006 budget enacted by the 2005 General Assembly.

(c) Children placed by DCYF in a residential treatment program, group home, or other residential facility, whether or not located in the state of Rhode Island, which includes the delivery of educational services, provided by that facility (excluding facilities where students are taught on grounds for periods of time by teaching staff provided by the school district in which the facility is located), shall have the cost of their education paid for as provided for in subsection (d) of this section and § 16-64-1.2. The city or town determined to be responsible to DYCF for a per-pupil special education cost pursuant to § 16-64-1.2 shall pay its share of the cost of educational services to DCYF or to the facility providing educational services.

(d) Children placed by DCYF in group homes, child caring facilities, community residences, or other residential facilities shall have the entire cost of their education paid for by DCYF if:

(1) The facility is operated by the state of Rhode Island or the facility has a contract with DCYF to fund a pre-determined number of placements or part of the facility's program;

(2) The facility is state-licensed; and

(3) The facility operates an approved on-grounds educational program, whether or not the child attends the on-grounds program.

SECTION 4. Chapter 16-22 of the General Laws entitled "Mathematics and English-language arts" is hereby amended as follows:

§16-22-23.  Mathematics and English-language arts. Mathematics, English/Language Arts, and Science. – (a) The board of regents for elementary and secondary education shall select and/or develop a statewide curriculum (i) in Mathematics and English/Language Arts for students in grades kindergarten (k) through twelve (12) by August 31, 2006 and (ii) in Science for students in grades kindergarten (k) through twelve (12) by August 31, 2008.

(b) The curriculum selected and/or developed by the board of regents shall:

(1) Be aligned with state standards and assessments utilized by the state department of elementary and secondary education;

(2) Contain sufficient detail to guide teachers in planning lessons aligned with state standards and assessments.

(c) By November 1, 20046, the commissioner of elementary and secondary education shall prepare an outline for development and implementation of the science curriculum utilizing appropriate groups and then shall convene a Mathematics curriculum advisory committee and an English/Language Arts science curriculum advisory committee for the purpose of developing recommended curriculum to the board of regents for elementary and secondary education. Each The science advisory committee shall include teachers, representatives of teacher unions, administrators, curriculum directors, school committee members, and experts designated by the commissioner.

SECTION 5. Section 16-7-29 of the General Laws in Chapter 16-7 entitled "Foundation Level School Support" is hereby amended to read as follows:

16-7-29. Minimum salary schedule established by community. -- (a) Every community shall establish and put into full effect by appropriate action of its school committee a salary schedule recognizing years of service, experience, and training for all certified personnel regularly employed in the public schools and having no more than twelve (12) annual steps. provided, however, that any salary supplement required under section 16-25.3-2 shall not be considered a step for the purposes of this section. The term "school year" as applied to the salary schedule means the ten (10) calendar months beginning in September and ending the following June.

(b) Nothing in this section shall prohibit a freeze or reduction of the monetary value of the steps in the salary schedule through the collective bargaining process.

SECTION 6. Section 16-25.3-2 of the General Laws in Chapter 16-25.3 entitled "School Speech and Language Pathologists" is hereby amended to read as follows:

16-25.3-2. Employment of speech language pathologists. -- (a) Each school district is encouraged by the general assembly to employ one full time certified speech language pathologist for every forty (40) students who receive speech language services within the age range of three (3) to twenty-one (21). In cases where the number of students receiving speech language services is above forty (40), the school district is encouraged to employ a speech language pathologist on a part time pro-rata basis.

(b) When a speech and language evaluation or the provision of speech language services are being considered or are part of the student's program the speech language pathologist shall be a member of the multidisciplinary team.

(c) In the event an individual seeks emergency certification from the department of elementary and secondary education in the area of speech language pathology, the individual must meet the following minimum requirements before the granting of emergency certification by the department of elementary and secondary education:

(1) Hold a bachelor's degree in communicative disorders from an accredited college or university;

(2) Have successfully completed no less than eighteen (18) hours of graduate credit in the area of speech language pathology.

(d) Individuals under emergency certification to conduct the business of a speech language pathologist shall be under the direct supervision of a certified speech language pathologist. At no time shall a certified speech language pathologist supervise more than one emergency certified speech language pathologist.

(e) Any licensed speech language pathologist who has met the requirements and acquired a Certificate of Clinical Competence from the American Speech-Language-Hearing Association, and who is employed by a school district, shall be entitled to receive an annual salary supplement of one thousand seven hundred fifty dollars ($1,750), in addition to any other compensation to which the employee may be entitled.

Any licensed speech language pathologist who has met the requirements and acquired a Certificate of Clinical Competence from the American Speech-Language-Hearing Association shall submit documentation to the department of elementary and secondary education, and to the local school district by December 1, in order to be eligible to receive the salary supplement in the next immediate school year, except for the school year 2007, in which documentation shall be submitted to the department of elementary and secondary education and the local school district by October 1 in order to be eligible to receive the salary supplement in that school year. The department of elementary and secondary education shall, within thirty (30) days, notify the school district if the documentation provided by the employee is inadequate to show proof of certification, thereby rendering the employee ineligible for the salary supplement in the next immediate school year; provided, however, that if the employee provides additional information, with fifteen (15) days of notification of ineligibility, verifying certification, that employee shall be entitled to receive the salary supplement in the next immediate school year.

(f) Local school districts shall be reimbursed by the state for costs attributable to the salary supplements provided for in this act.

SECTION 7. Section 16-7.1-11.1 of the General Laws in Chapter 16-7.1 entitled "The Rhode Island Student Investment Initiative" is hereby amended to read as follows:

16-7.1-11.1. Full day kindergarten investment fund. -- (a) Beginning in fiscal year 2001, the general assembly shall appropriate and distribute to each locally or regionally operated district a sum equal to the number of full-time kindergarten students reported as a member of each district as of the reference year as defined in section 16-7-16(11) times a per pupil amount, which shall be:

(1) Fifteen hundred dollars ($1,500) for those districts with a tax effort index of below 0.6 as calculated pursuant to section 16-7.1-6;

(2) One thousand dollars ($1,000) for those districts with a tax effort index of below 1.0 as calculated pursuant to section 16-7.1-6; and

(3) Five hundred dollars ($500) for all other districts.

(b) Funding under this section shall be in addition to any and all other aid received by the district, including aid received under this chapter, chapter 77.1 of this title, and any minimum increase of aid provided for under section 16-7.1-15.

(c) For fiscal year 2007, aid received pursuant to this section shall be equal to aid received in the fiscal year 2006 enacted budget by the 2005 general assembly.

SECTION 8. Section 16-77.1-2 of the General Laws in Chapter 16-77.1 entitled "Funding of Charter Public Schools" is hereby amended to read as follows:

16-77.1-2. Operating costs. -- (a) Operating costs of a charter public school shall be the total of the per pupil payments for each student attending the charter public school. The per pupil payment for each student shall be determined based on the per pupil cost for the district of residence of each student. The state's share of the per pupil amount for each student attending the charter public school shall be paid by the state directly to the charter public school and shall be the percent, or share ratio, previously calculated under chapter 7 of this title; provided, that in no case shall the ratio be less than thirty percent (30%), minus the five percent (5%) of per pupil cost designated for indirect cost support to the student's school district as defined in subsection (b). The five percent (5%) indirect cost amount shall be deducted from the district per pupil cost before the state share is derived by applying the share ratio to the district per pupil cost. The local share of the per pupil amount for each student attending the charter public school shall be paid to the charter public school by the district of residence of the student and shall be the per pupil cost for the district of residence of the student minus the state share of that per pupil cost as designated in this section.

(b) In addition to all state aid to education paid to a local district pursuant to chapter 7.1 of this title, the state will pay an additional amount to the district for each student from this district who is attending a charter public school. The additional amount of state aid per pupil shall be five percent (5%) of the districts per pupil cost. The additional state aid shall be for the purpose of assisting local school districts to undertake the indirect costs borne by a district when its student attends a charter public school.

(c) The state department of elementary and secondary education shall annually determine both the state and local share of each charter public school's operating costs by deriving the respective shares associated with each student reported as a member of the charter public school as of June 30 of the reference year as defined in section 16-7-16(11) (or the enrollment as of October 1 of the current school year in the first year of operation of a charter school). All other data used in this determination shall be based upon the reference year as defined in section 16-7-16(11).

(d) The state shall make payments of its share of operating costs to each charter public school on a quarterly basis in July, October, January, and April. The July and October payments will be based upon the reported student membership of the charter public school as of June 30 of the reference year as defined in section 16-7-16(11) (or the enrollment as of October 1 of the current school year in the first year of operation of a charter school). Charter public schools will report current student enrollment, including district of residence for school purposes of each student enrolled, and each district will report current total district operating expenses and total district enrollments (including district students enrolled in charter public schools) annually by October 1. If the October 1 data on a charter public school's student enrollment show a ten percent (10%) or greater increase or decrease in students from the June membership count, the third and fourth quarter payments to the charter public school will be adjusted to reflect actual student enrollment in the charter public school.

(e) Local district payments to charter public schools for each district's students enrolled in the charter public school shall also be made quarterly as designated in subsection (d); the first local district payment shall be made by August 15 instead of July. Any local school district more than thirty (30) days in arrears on a quarterly payment for its student(s) enrolled in a charter public school shall have the amount of the arrearage deducted from state aid to that district and the withheld arrearage shall be paid by the state directly to the charter public school.

(f) Local school districts with student(s) enrolled in a charter public school shall continue to report these students in the total census of district public school students and will receive state aid for all these students pursuant to the provisions of chapter 7.1 of this title.

(g) All entitlements except those provided for in section 16-24-6.2 shall be ratably reduced if less than one hundred percent (100%) of the expenditures is appropriated.

(h) For fiscal year 2007, the indirect aid paid to districts pursuant to this section shall equal the amount received in the fiscal year 2006 enacted budget by the 2005 general assembly.

SECTION 9. Section 16-7.1-19 of the General Laws in Chapter 16-7.1 entitled "The Rhode Island Student Investment Initiative" is hereby amended to read as follows:

16-7.1-19. Vocational technical equity fund. -- The general assembly recognizes the need to support the academic instruction component of vocational education for students enrolled in career and technical education programs. To accomplish this, the general assembly shall appropriate some sum per student for each student who attends a locally operated career and technical center based on the enrollments reported to the department of elementary and secondary education for the reference year as defined in section 16-7-16. The sum shall be five hundred dollars ($500) per student. Funding under this section will be limited to those students enrolled in programs that are part of the career and technical education system as approved by the department of elementary and secondary education.

(b) For fiscal year 2007, aid received pursuant to this section shall be equal to aid received in the fiscal year 2006 enacted by the 2005 general assembly.

SECTION 10. This article shall take effect upon passage.