law24117-08

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art.008/8/008/7/008/6/008/5/008/4/008/3/008/2/008/1

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ARTICLE 8 AS AMENDED

RELATING TO EDUCATION

SECTION 1. Sections 16-7.2-3 and 16-7.2-6 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 subdivisionsubsection (a)(1) of this section and the amount to support high-need

students in subdivisionsubsection (a)(2) of this section, 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:

(i) multiplying Multiplying a student success factor of forty percent (40%) by the core

instruction per-pupil amount described in subdivisionsubsection (a)(1) of this section 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.” By

October 1, 2022, as part of its budget submission pursuant to § 35-3-4 relative to state fiscal year

2024 and thereafter, the department of elementary and secondary education shall develop and

utilize a poverty measure that in the department’s assessment most accurately serves as a proxy for

the poverty status referenced in this subsection and does not rely on the administration of school

nutrition programs. The department shall utilize this measure in calculations pursuant to this

subsection related to the application of the student success factor, in calculations pursuant to § 16-

7.2-4 related to the calculation of the state share ratio, and in the formulation of estimates pursuant

to subsection (b) below. The department may also include any recommendations which seek to

mitigate any disruptions associated with the implementation of this new poverty measure or

improve the accuracy of its calculation. Beginning with the FY 2024 calculation, students whose

family income is at or below one hundred eighty-five percent (185%) of federal poverty guidelines

will be determined by participation in the supplemental nutrition assistance program (SNAP). The

number of students directly certified through the department of human services shall be multiplied

by a factor of 1.6; and

(ii) Multiplying a multilingual learner (MLL) factor of twenty percent (20%) by the core

instruction per-pupil amount described in subsection (a)(1) of this section, applying that amount

for each resident child identified in the three lowest proficiency categories using widely adopted,

independent standards and assessments in accordance with subsection (f)(1) of this section and as

identified by the commissioner and defined by regulations of the council on elementary and

secondary education. Local education agencies shall report annually to the department of

elementary and secondary education by September 1, outlining the planned and prior year use of

all funding pursuant to this subsection to provide services to MLL students in accordance with

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

department shall review the use of funds to ensure consistency with established best practices.

(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.

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)(1) By October 1, 2023, as part of its budget submission pursuant to § 35-3-4 relative to

state fiscal year 2025, the department of elementary and secondary education shall evaluate the

number of students by district who qualify as multilingual learner (MLL) students and MLL

students whose family income is at or below one hundred eighty-five percent (185%) of federal

poverty guidelines. The submission shall also include segmentation of these populations by levels

as dictated by the WIDA multilingual learner assessment tool used as an objective benchmark for

English proficiency. The department shall also prepare and produce expense data sourced from the

uniform chart of accounts to recommend funding levels required to support students at the various

levels of proficiency as determined by the WIDA assessment tool. Utilizing this information, the

department shall recommend a funding solution to meet the needs of multilingual learners; this may

include but not be limited to inclusion of MLL needs within the core foundation formula amount

through one or multiple weights to distinguish different students of need or through categorical

means.

(2) By October 1, 2024, as part of its budget submission pursuant to § 35-3-4 relative to

state fiscal year 2026, the department of elementary and secondary education shall develop

alternatives to identify students whose family income is at or below one hundred eighty-five percent

(185%) of federal poverty guidelines through participation in state-administered programs,

including, but not limited to, the supplemental nutrition assistance program (SNAP), and RIteCare

and other programs that include the collection of required supporting documentation. The

department may also include any recommendations that seek to mitigate any disruptions associated

with implementation of this new poverty measure or improve the accuracy of its calculation.

(3) The department shall also report with its annual budget request information regarding

local contributions to education aid and compliance with §§ 16-7-23 and 16-7-24. The report shall

also compare these local contributions to state foundation education aid by community. The

department shall also report compliance to each city or town school committee and city or town

council.

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

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

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

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

an individual special education student’s cost shall be deemed to be “extraordinary.” Extraordinary

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

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

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

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

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

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

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

(3), and five (5) times the core-foundation amount;

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

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

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

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

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

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

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

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

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

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

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

program funds as may be determined by the general assembly;

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

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

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

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

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

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

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

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

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

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

support for the Davies and the Met Center is needed due to the costs associated with running a

stand-alone high school offering both academic and career and technical coursework. The

department shall recommend criteria for the purpose of allocating any and all stabilization funds as

may be determined by the general assembly;

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

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

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

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

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

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

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

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

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

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

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

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

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

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

of funding available in any fiscal year;

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

as set forth below:

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

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

School district;

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

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

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

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

School District;

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

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

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

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

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

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

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

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

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

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

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

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

funding appropriated in any fiscal year;

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

shall be determined by multiplying an EL factor of fifteen percent (15%) by the core-instruction

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

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

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

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

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

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

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

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

utilized for activities the district is currently funding;

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

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

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

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

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

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

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

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

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

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

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

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

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

require one school resource officer;

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

require two school resource officers;

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

eligible for reimbursement; and

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

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

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

the transition plan in § 16-7.2-7.

SECTION 2. Section 16-7-17 of the General Laws in Chapter 16-7 entitled "Foundation

Level School Support [See Title 16 Chapter 97 — The Rhode Island Board of Education Act]" is

hereby amended to read as follows:

16-7-17. Time of payment of state’s share of the basic program and approved

expenditures.

There shall be paid by the state to each community in twelve (12) monthly installments an

amount as determined by law to be the state’s share of the cost of the basic program for the reference

year and all approved expenditures in excess of the basic program for the reference year,; provided,

however, that these payments to a community shall be reduced by the amount of funds deposited

by the department into the local education agency EPSDT account in accordance with § 40-8-18

on behalf of the community. The July payment shall be two and fifty-four hundredths percent

(2.54%) of the state’s share based upon the estimated pupil data, valuation data, and expenditure

data for the reference year and the August through June payments shall each be eight and eighty-

six hundredths percent (8.86%) of the aid due and payable based upon the data for the reference

year, except for the city of East Providence which shall be paid during October and April in

accordance with chapter 344 of the Public Laws of 1982. This payment schedule of twelve (12)

monthly installments shall also apply to the city of East Providence, notwithstanding any provisions

to the contrary contained in Pub. L.P.L. 2012, ch. 241, art. 12, § 5.

SECTION 3. Section 16-7-22 of the General Laws in Chapter 16-7 entitled "Foundation

Level School Support [See Title 16 Chapter 97 — The Rhode Island Board of Education Act]" is

hereby amended to read as follows:

16-7-22. Determination of average daily membership.

Each community shall be paid pursuant to the provisions of § 16-7-17 an amount based

upon the following provisions:

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

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

education from data supplied by the school committee in each community in the following manner:

The aggregate number of days of membership of all pupils enrolled full time in grade twelve (12)

and below, except that pupils below grade one who are not full time shall be counted on a full-time

equivalent basis: (i) Increased by the aggregate number of days of membership of pupils residing

in the particular city or town whose tuition in schools approved by the department of elementary

and secondary education in other cities and towns is paid by the particular city or town; and (ii)

Decreased by the aggregate number of days of membership of nonresident pupils enrolled in the

public schools of the particular city or town and further decreased by the aggregate number of days

of membership equal to the number of group home beds calculated for the purposes of

reimbursement pursuant to § 16-64-1.1; and (iii) Decreased further, in the case of a city or town

that is a member of a regional school district during the first year of operation of the regional school

district by the aggregate number of days of membership of pupils residing in the city or town who

would have attended the public schools in the regional school district if the regional school district

had been operating during the previous year, divided by the number of days during which the

schools were officially in session during the reference year. The resulting figures shall be the

average, daily membership for the city or town for the reference year. For purposes of calculating

the permanent foundation education aid as described in § 16-7.2-3(1) and (2), the average, daily

membership for school districts shall exclude charter school and state school students, and

beginning in school year 2014-2015, include an estimate to ensure that districts converting from a

half-day to a full-day kindergarten program pursuant to § 16-99-4 are credited on a full-time basis

beginning in the first year of enrollment and are funded notwithstanding the transition plan pursuant

to § 16-7.2-7.

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

purposes of determining the percentage of the state’s share under the provisions of §§ 16-7-16(3),

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

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

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

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

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

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

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

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

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

section.

(4) For all fiscal years beginning after June 30, 2024, notwithstanding subsection (1)(ii)

above, the decrease for group home beds shall not apply to residential facility "beds" located or

associated with the CRAFT program pursuant to § 16-64-1.1.

SECTION 4. Sections 16-8-10 and 16-8-10.1 of the General Laws in Chapter 16-8 entitled

"Federal Aid [See Title 16 Chapter 97 — The Rhode Island Board of Education Act]" are hereby

amended to read as follows:

16-8-10. Mandatory school lunch programs.

All public elementary and secondary schools shall be required to make type A federally

reimbursable lunches available to students attending those schools through the USDA’s National

School Lunch Program (NSLP) in accordance with federal regulation as well as rules and

regulations adopted from time to time by the department of elementary and secondary education.

To the extent that federal, state, and other funds are available, free and reduced price type A

reimbursable lunches shall be provided to all students from families that meet the current specific

criteria established by federal and state regulations to qualify for free or reduced-price meals. The

Statestate of Rhode Island shall provide additional funds to public schools in an amount equal to

the difference between the federal reimbursement rate for a free lunch and the federal

reimbursement rate received for each student eligible for a reduced-price lunch and receiving lunch.

The requirement that type A reimbursable lunches be provided shall apply to locally managed

school lunch programs, and school lunch programs administered directly by the department of

elementary and secondary education or by any other public agency whether using school facilities

or a commercial catering service. The department of elementary and secondary education is further

authorized to expand the school lunch program to the extent that federal, state, and/or local funds

are available by the utilization of one or more food preparation centers for delivery to participating

schools for the purpose of providing meals to students on a more economical basis than could be

provided by a community acting individually.

16-8-10.1. Mandatory school breakfast programs.

(a) All public elementary and secondary schools shall be required to make a federally

reimbursable school breakfast breakfasts program available to students attending the school those

schools through the USDA’s School Breakfast Program (SBP) in accordance with federal

regulation as well as. The breakfast meal shall meet any rules and regulations that are adopted by

the commissioner from time to time by the department of elementary and secondary education. To

the extent that federal, state, and other funds are available, free reimbursable breakfasts shall be

provided to all students from families that meet the current specific criteria established by federal

and state regulations to qualify for free or reduced-price meals. The Statestate of Rhode Island

shall provide additional funds to public schools in an amount equal to the difference between the

federal reimbursement rate received for a free breakfast and the federal reimbursement rate received

for each student eligible for a reduced-price breakfast and receiving breakfast.

(b) The state of Rhode Island shall provide school districts a per-breakfast subsidy for each

breakfast served to students. The general assembly shall annually appropriate some sum and

distribute it based on each district’s proportion of the number of breakfasts served in the prior

school year relative to the statewide total in the same year. This subsidy shall augment the nonprofit

school food service account and be used for expenses incurred in providing nutritious breakfast

meals to students.

SECTION 5. The title of Chapter 16-70 of the General Laws entitled "The College Crusade

Scholarship [See Title 16 Chapter 97 — the Rhode Island Board of Education Act]" is hereby

amended to read as follows:

CHAPTER 16-70

The College Crusade Scholarship [See Title 16 Chapter 97 — the Rhode Island Board of

Education Act]

CHAPTER 16-70

THE ONWARD WE LEARN SCHOLARSHIP ACT

SECTION 6. Sections 16-70-1, 16-70-3, 16-70-4, 16-70-5 and 16-70-6 of the General

Laws in Chapter 16-70 entitled "The College Crusade Scholarship [See Title 16 Chapter 97 — the

Rhode Island Board of Education Act]" are hereby amended to read as follows:

16-70-1. Short title.

This chapter shall be known and may be cited as the “College Crusade Scholarship Act.”

"The Onward We Learn Scholarship Act".

16-70-3. Program for the support of the college crusade established. Program for the

support of the onward we learn scholarship established.

The council on postsecondary education is empowered to establish and provide as part of

the operation of the office of the postsecondary commissioner methods and procedures for the

state’s support of the college crusade onward we learn scholarship and provide financial and

technical assistance as needed.

16-70-4. Council on postsecondary education support program — Powers and duties.

The council on postsecondary education shall have the following powers and duties:

(1) To prepare with the assistance of the commissioner of postsecondary education and to

present annually to the state budget officer in accordance with § 35-3-4, as part of the state higher

education budget, a line-item budget request specifically designated as the state’s share of support

for the college crusade of Rhode Island the onward we learn scholarship program. The budget shall

be designated as a specific, line-item budget request and shall be presented as part of the budget of

the postsecondary commissioner.; and

(2) To provide, through its office of the postsecondary commissioner, the authority to

designate the college crusade of Rhode Island the onward we learn scholarship program, a 501(c)(3)

nonprofit organization registered with the Rhode Island secretary of state, as the entity that will

administer and operate all program services and manage scholarship resources associated with the

federal GEAR UP program.

16-70-5. Budget and appropriations.

The general assembly shall annually appropriate any sums as it deems necessary as the

state’s share for the support and maintenance of the college crusade the onward we learn

scholarship program, including operational and scholarship support, and the state controller is

authorized and directed to draw his or her their orders upon the general treasurer for the payment

of the appropriations upon receipt by him or her the state controller of the proper voucher the

office of the postsecondary commissioner may provide. The office of the postsecondary

commissioner shall present the voucher to the state controller no later than the last day of the first

month of the fiscal year for which the appropriation is made and this appropriation shall be remitted

to the accounts of the college crusade of Rhode Island the onward we learn scholarship program

by the state treasurer no later than the last day of the second month of the fiscal year.

16-70-6. Audit requirements.

The college crusade of Rhode Island The onward we learn scholarship program shall

complete an annual audit completed by prior to the employment of private auditors. Audit work

papers of the private auditors shall be made available upon request to the auditor general and/or the

director of administration for their review, at the completion of the audit.

SECTION 7. Sections 16-113-7 and 16-113-10 of the General Laws in Chapter 16-113

entitled "Rhode Island Hope Scholarship Pilot Program Act" are hereby amended to read as

follows:

16-113-7. Reporting and disbursement.

(a) On or before November 10, 2023, and on or before November 10 and May 10 thereafter

for every year through and including calendar year 2028 2030, Rhode Island college shall submit

a report to the director of the office of management and budget, the state budget officer, the house

fiscal advisor, the senate fiscal advisor, the commissioner of postsecondary education, and the chair

of the council on postsecondary education, detailing the following:

(1) The number of students eligible to participate in the scholarship program;

(2) The amount of federal and institutional financial aid anticipated to be received by

recipient students;

(3) The aggregate tuition and mandatory fee costs attributable to recipient students;

(4) The resulting total cost of the scholarship program to the state; and

(5) The report shall contain such data for both the current fiscal year and the most up-to-

date forecast for the following fiscal year. Data reported shall be subdivided by student-year cohort

and shall be accompanied by a written explanation detailing the estimating methodology utilized

and any impact(s) the forecasted data may present to institutional capacity, operational costs, and

the tuition/fee revenue base of the institution.

(b) On or before July 1, 2024, and on or before July 1 thereafter for every year through and

including calendar year 2028, Rhode Island college, in conjunction with the office of the

postsecondary commissioner, shall submit a report evaluating the program to the governor, speaker

of the house, and the president of the senate. On or before July I1, 2030, Rhode Island college and

the commissioner of postsecondary education shall submit a report evaluating the program based

on all cohorts to the governor, speaker of the house, and the president of the senate. This evaluation

shall include the following:

(1) The number of students who started in each cohort;

(2) The number of students in each cohort who have attained a degree or certification in an

on-time manner;

(3) The number of students in each cohort who have not attained a degree or certification

in an on-time manner and an analysis of why that has happened;

(4) The number of students in each cohort who began the program but have been unable to

continue or complete the program and an analysis of why that has happened;

(5) The costs of the program and the costs of continuing the program;

(6) Suggestions for ways to increase the success of the program;

(7) Recommendations as to modifying, continuing, expanding, curtailing, or discontinuing

the program; and

(8) Any such other recommendations or information as Rhode Island college and the

commissioner of postsecondary education deem appropriate to include in the evaluation.

postsecondary commissioner, shall oversee the apportionment and disbursement of all funds

appropriated for the purpose of the scholarship program.

16-113-10. Funding of and sunset of pilot program.

The Rhode Island hope scholarship pilot program shall be funded from July 1, 2023,

through and including July 1, 2028 June 30, 2030. There shall be no further funding of the pilot

program without further action of the general assembly. Any final reports due pursuant to this

chapter shall be filed pursuant to the dates set forth herein.

SECTION 8. Section 42-72.8-2 of the General Laws in Chapter 42-72.8 entitled

"Department of Children, Youth and Families’ Higher Education Opportunity Incentive Grant" is

hereby amended to read as follows:

42-72.8-2. Administration of program.

(a) Each year the The department annually shall notify, identify, and recommend from

among outreach to those youth in its legal custody, or who were in the Department’s legal custody

on their eighteenth (18th) birthday, those students who may be eligible to apply for a beginning at

age fourteen (14) and until the youth exits care, who may satisfy the eligibility requirements

prescribed in § 42-72.8-2.1 for the Higher Education Opportunity Incentive Grant. The department

of elementary and secondary education shall afford all appropriate assistance to the department in

the identification of youth who may be eligible for such grants. Each selected qualified applicant

will receive grants a grant, to the extent of available funding, to supplement federal, state, private,

and institutional scholarships, grants, and loans work-study opportunities awarded to the higher

education institution for the applicant in an amount not to exceed the full cost of attendance

including, but not limited to: tuition, fees, and room and board charges books, academic support,

transportation, food, and housing:. The department shall request from the higher education

institution the qualified applicant’s unmet need calculated in accordance with federal and state laws

and the institution’s policies. For the workforce development incentive grant, each qualified

applicant shall receive a grant, to the extent of available funding, in an amount not to exceed the

full cost of attendance including, but not limited to: training, fees, books, transportation, food, and

housing calculated by the department, in collaboration with the Community College of Rhode

Island. Payments pursuant to this chapter shall be disbursed in accordance with the requirements

of the higher education institution.

(b) A grant period shall be limited to two (2) years of full-time study at the Community

College of Rhode Island, four (4) years of full-time study at Rhode Island College, and the

University of Rhode Island, and in no instance shall the grant period exceed a period of four (4)

years. Grant recipients shall be enrolled full-time and shall continue to make satisfactory progress

toward an academic certificate or degree as determined by the school in which they are enrolled;

who:

(1) Have not yet reached the age of eighteen (18) on the day of recommendation, are in the

legal custody of the department on the day of recommendation and have remained in such custody

for at least twenty-four (24) months prior to the day of recommendation; or, for former foster care,

have reached the age of eighteen (18) prior to the date of recommendation, have not yet reached

the age of twenty-one (21) and were in the custody of the department from their sixteenth (16th) to

their eighteenth (18th) birthdays; and

(2) Have graduated from high school or received the equivalent of a high school diploma

not more than one year prior to the date of recommendation; and

(3) Has not reached his/her twenty-first (21st) birthday; except that youth who are

participating in this program on the date before his/her twenty-first (21st) birthday may remain

eligible until his/her twenty-third (23rd) birthday, as long as he/she continues to be considered a

full-time student by Community College of Rhode Island, Rhode Island College or University of

Rhode Island, and is making satisfactory progress, as determined by the school in which he/she is

enrolled, toward completion of his/her degree program.

SECTION 9. Chapter 42-72.8 of the General Laws entitled "Department of Children,

Youth and Families’ Higher Education Opportunity Incentive Grant" is hereby amended by adding

thereto the following section:

42-72.8-2.1. Eligibility.

(a) To be eligible for a Higher Education Opportunity Incentive Grant, a youth:

(1) Must have been in foster care in Rhode Island through the department for at least six

(6) months on or after their fourteenth birthday. The six (6) months can be non-consecutive periods

of foster care placement or participation in the voluntary extension of care pursuant to §14-1-6;

(2) Retains eligibility through the academic year in which the student reaches their twenty-

third birthday;

(3) Must have graduated from high school or received a high school equivalency diploma;

(4) Must be admitted to, and must enroll, attend, and make satisfactory progress towards

the completion of a degreed program of study at the Community College of Rhode Island, Rhode

Island College, or the University of Rhode Island on a full-time or part-time basis enrolled in no

less than six (6) credits per semester; and

(5) Must complete the FAFSAFree Application for Federal Student Aid (FAFSA) and

any required FAFSA verification, or for persons who are legally unable to complete the FAFSA,

must complete a comparable form created by the institution by the applicable deadline for each

year in which the student seeks to receive funding under the aforesaid incentive grant;.

(b) To be eligible for a Workforce Development Incentive Grant, a youth:

(1) Must have been in foster care in Rhode Island through the department for at least six

(6) months on or after their fourteenth birthday. The six (6) months can be non-consecutive periods

of foster care placement or participation in the voluntary extension of care pursuant to § 14-1-6;

(2) Retains eligibility through the academic year in which the student reaches their twenty-

third birthday;

(3) Must have graduated from high school or received a high school equivalency diploma;

and

(4) Must be enrolled and attend a workforce development program at the community

college of Rhode Island approved by the commissioner of postsecondary education;.

(d) Youth who meet the eligibility requirements in subsection (a) or (b) of this section and

who are adopted or placed in guardianship through the department after their sixteenth birthday are

eligible to receive the incentive grant.

SECTION 10. Sections 42-72.8-3 and 42-72.8-4 of the General Laws in Chapter 42-72.8

entitled "Department of Children, Youth and Families’ Higher Education Opportunity Incentive

Grant" are hereby amended to read as follows:

42-72.8-3. Selection of grant recipients.

(a) There shall be a grant award selection committee which shall consist of a representative

from each of the institutions of higher education appointed by their respective presidents, two (2)

representatives from the department of children, youth and families appointed by the director, one

representative from the department of elementary and secondary education appointed by the

commissioner, and one representative from the office of higher education appointed by the

commissioner and representatives of other organizations that the director of department of children,

youth and families believes can help further the goals of the program. Grant awards shall be made

by the department pursuant to its policies, procedures, rules, and regulations.

(b) Grant awards shall be made on the basis of scholastic record, aptitude, financial need

and general interest in higher education. Recipients must comply with all application deadlines and

criteria for admission to the institution to which the recipient is making application and, further,

the recipient must have been granted admission by the admissions office of the institution.

Cumulative grant awards shall not exceed available appropriations in any fiscal year. The

department shall adopt policies, procedures, rules, and or regulations, which are reasonably

necessary to implement the provisions of this chapter.

42-72.8-4. Appropriation.

(a) The general assembly shall appropriate no less than the sum of $ 50,000 for the fiscal

year ending June 30, 2000; $ 100,000 for the fiscal year ending June 30, 2001; $ 150,000 for the

fiscal year ending June 30, 2002; and two hundred thousand dollars ($ 200,000) annually for the

fiscal year ending June 30, 2003 and thereafter. No later than September 1, 2024, and annually

thereafter, the department shall provide an annual report to the governor, the speaker of the house

of representatives, and the president of the senate regarding the funds distributed pursuant to this

chapter. The report shall include:

(1) The total number of applicants in relation to the total number of grants authorized by

the department by school and approved workforce development program;

(2) The average unmet need for each grant recipient by each school and approved

workforce development program;

(3) The average award amount by grant program; and

(4) The total amount of funding distributed to each grant program.

(b) The department annually shall present the report and an update regarding the higher

education opportunity incentive grant and workforce development incentive grant to the youth

advisory board and key partners.

SECTION 11. This article shall take effect upon passage.