Introduced By: Senators Izzo, Parella, Lenihan, Celona, and Caprio
Date Introduced : February 4, 1998
It is enacted by the General Assembly as follows:
SECTION 1. Sections 16-7-16 and 16-7-20 of the General Laws in Chapter 16-7 entitled "Foundation Level School Support" are hereby amended to read as follows:
16-7-16. Definitions. -- The following words and phrases used in sections 16-7-15 to 16-7-34 shall have the following meanings:
(1) "Adjusted equalized weighted assessed valuation" shall mean the equalized weighted assessed valuation of a community as determined by the department of administration or as apportioned by the commissioner pursuant to the provisions of section 16-7-21;
(2) "Average daily membership" shall mean the average number of pupils in a community during a school year as determined pursuant to the provisions of section 16-7-22, less any students who are served in a program operated by the state and which program is part of the operations aid formula;
(3) "Basic program" shall mean the cost of education of resident pupils in grades twelve (12) and below in average daily membership for the reference year as determined by the mandated minimum program level plus all transportation costs including school bus monitors;
(4) "Certified personnel" shall mean all persons who are required to hold certificates issued by or under the authority of the board of regents for elementary and secondary education;
(5) "Community" shall mean any city, town, or regional school district established pursuant to law and/or the department of children, youth, and families; provided, however, that the department of children, youth, and families shall not have those administrative responsibilities and obligations as set forth in chapter 2 of this title; provided, however, that the member towns of the Chariho regional high school district, created by P.L. 1958, chapter 55 as amended, shall constitute separate and individual communities for the purpose of determining and distributing the foundation level school support including state aid for noncapital excess expenses for the special education of handicapped children provided for in section 16-24-6 for all grades financed in whole or in part by the towns irrespective of any regionalization and any school operated by the state department of elementary and secondary education;
(6) "Department of children, youth, and families" shall
mean that department created pursuant to chapter 72 of title 42.
{DELFor purposes of this section, sections 16-7-20, 16-24-2, and 42-72-5(b)(22),
"children" means those children , except those
children receiving care and treatment in accordance with chapter
7 of title 40.1, who are placed, assigned, or otherwise
accommodated for residence by the department of children and their
families in a state operated or supported community residence
licensed by a Rhode Island state agency and the residence operates
an educational program approved by the department of elementary
and secondary education;DEL}
(7) "Equalized weighted assessed valuation" shall mean the equalized weighted assessed valuation for a community as determined by the department of administration pursuant to the provisions of section 16-7-21;
(8) "Full time equivalency students" shall mean the time spent in a particular activity divided by the amount of time in a normal school day;
(9) "Incentive entitlement" shall mean the sum payable to a local school district under the formula used;
(10) "Mandated minimum program level" shall mean the amount which shall be spent by a community for every pupil in average daily membership as determined pursuant to the provisions of section 16-7-18;
(11) "Reference year" shall mean the next year prior to the school year immediately preceding that in which the aid is to be paid; and
(12) "Regularly employed" and "service" as applied to certified personnel shall have the same meaning as defined in chapter 16 of this title.
16-7-20. Determination of state's share. --
(a) For each community the state's share shall be computed as
follows: Let R = state share ratio for the community. v =
adjusted equalized weighted assessed valuation for the community,
as defined in section 16-7-21(3). V = sum of the values of
v for all communities. m = average daily membership of pupils
in the community as defined in section 16-7-22(3). M = total
average daily membership of pupils in the state E = approved
reimbursable expenditures for the community for the reference
year minus the excess costs of special education, tuitions, federal
and state receipts, and other income. Then the state share entitlement
for the community shall be RE where R = 1 - 0.5vM/(Vm),except
that in no case shall R be less than zero percent (0%). This percentage
shall be applied to one hundred percent (100%) of all expenditures
approved by the board of regents for elementary and secondary
education in accordance with currently existing rules and regulations
for administering state aid, including but not limited to the
setting of appropriate limits for expenditures eligible for reimbursement;
provided, however, that the costs of special education required
under chapter 24 of this title shall be excluded; and the costs
for regional vocational school operation and tuition which are
funded in chapter 45 of this title for the reference year 1987-1988
and thereafter, shall be excluded. "Special education costs"
shall mean the costs which are in excess of the average per pupil
expenditure in average daily membership for the second school
year preceding. The average per pupil expenditure in average daily
membership of those students receiving special education shall
be included in the cost of the basic program for the reference
year, as "reference year" is defined in section 16-7-16;
provided, further that expenditures from federal money in lieu
of taxes shall not be counted and, provided further, however,
in the case of regional school districts, the state's share shall
be increased by fourteen and seven-tenths percent (14.7%) for
1994-1995 for the Bristol-Warren regional district, and four and
eight tenths percent (4.8%) for 1994-1995 for the Exeter-West
Greenwich regional district and for the Foster-Glocester regional
district; provided further that the individual communities in
the Chariho regional districts shall each receive the seven and
five hundredths percent (7.05%) for those grades serviced by the
regional school district {ADD . ADD} {DEL ; and provided further,
however, that it shall be the duty and obligation of the city
or town where any minor is placed in foster care by a Rhode Island
licensed child placing agency or a Rhode Island governmental agency,
with a private family, to provide the minor with the same public
education provided all other residents of that city or town during
the time that child is in foster care in the city or town, and
the city or town shall pay the cost of the education of the minor
and shall be reimbursed by the state in the same manner as previously
described in this section; and provided further, that all exceptional
children, as defined in section 16-24-2, including those children
whose parents or legal guardian are unknown or whose whereabouts
are unknown, and whose education is provided by the department
of mental health, retardation, and hospitals pursuant to section
16-24-13, as of April 2, 1979, shall have all their educational
program costs paid for until they complete the school year during
which they reach the age of twenty-one (21), from funds appropriated
to the department of mental health, retardation, and hospitals
by the general assembly; and provided further, that all other
school age children, except those children receiving care and
treatment in accordance with chapter 7 of title 40.1, who are
placed in group homes, child caring facilities, independent living
accommodations, supervised apartments or other community residences,
or other residential facility by a Rhode Island state agency or
a Rhode Island licensed child placing agency shall have the cost
of their education paid for by the city or town in which the child's
parent(s) or guardian live as determined by section 16-64-1. The
cost of the child's education shall be paid to the town where
the child's group home, child caring facility, independent living
accommodation, supervised apartment or community residence, or
other residential facility is located and the town making the
payment shall be reimbursed by the state in the same manner as
previously described in this section, except in the case of handicapped
children who are appointed state beneficiaries under chapter 25
of this title, in which case the reimbursement shall be in the
manner described in section 16-24-6. Children, except those children
receiving care and treatment in accordance with chapter 7 of title
40.1, who are placed, assigned or otherwise accommodated for residence
by the department of children, youth, and families in a state
operated or supported community residence licensed by a Rhode
Island state agency shall have the cost of their education paid
by the department of children, youth, and families. The department
of elementary and secondary education shall designate the city
or town to be responsible for special education for children in
the care, custody, and control of the department of children,
youth, and families who have neither a father, mother, nor guardian
living in the state or whose residence can be determined in the
state or who have been voluntarily surrendered for adoption by
a father, mother, or guardian or who have been freed for adoption
by a court of competent jurisdiction, using the following criteria:
(1) last known Rhode Island residence of the child's father, mother,
or guardian prior to moving from the state, dying, surrendering
the child for adoption, or having parental rights terminated;
(2) when the child's parents are separated or divorced and neither
parent resides in the state, the last known residence of last
parent known to have lived in the state. The city or town or state
agency responsible for payment shall be responsible for the special
education and related services including all procedural safeguards,
evaluation, and instruction in accordance with regulations under
chapter 24 of this title except that where payment is the responsibility
of the department of children, youth, and families, the department
of elementary and secondary education shall be responsible for
assuring that all procedural safeguards, evaluation, and instruction
in accordance with regulations under chapter 24 of this title
are provided. DEL} (b) (1) The calculations in subsection
(a) notwithstanding, the following formula is to be used to determine
the entitlement for each school district for children attending
regional vocational-technical schools and the satellites of those
schools: net local cost for area vocational schools statewide
divided by full time equivalent students in area vocational schools
statewide multiplied by the full time equivalent students in area
vocational schools district multiplied by the share ratio for
the district equals the incentive entitlement. (2) No school district
shall receive for area vocational-technical students more than
one hundred percent (100%) of its expenditures in the reference
year from a combination of state operations aid and the area vocational-technical
school incentive program. (3) If the sum appropriated by the state
for any fiscal year for making payments to the cities and towns
under this program is not sufficient to pay in full the total
amount which all cities and towns are entitled to receive for
the fiscal year, the maximum entitlement which all cities and
towns shall receive for the fiscal year shall be ratably reduced.
(4) Expenditure reports shall be submitted to the commissioner
of elementary and secondary education in accordance with rules
and regulations promulgated by the board of regents for elementary
and secondary education. Further, the board of regents shall promulgate
rules and regulations which shall include the eligible expenditures,
a standardized method for calculating area vocational-technical
school tuitions, and other rules and regulations for the purpose
of carrying out the intent of this incentive program. (c) (1)
Reimbursement payments as calculated under this section shall
be made in twelve (12) monthly installments. The July and August
payments shall be two and one-half percent (21/2%) and the September
through June payments shall each be nine and one-half percent
(91/2%) of the amount to which each school district is entitled.
The calculations for vocational education as set forth in this
section shall be used to support students attending area vocational
facilities. (2) The foregoing provision relating to entitlement
for school districts for children attending regional vocational
technical schools shall terminate beginning with reference year
1987-1988. (d) The department of elementary and secondary education
shall base reimbursement on 100% of the expenditures for its state
operated schools in accordance with the reference year provision
as defined in section 16-7-16(11). Any funds to supplement the
reimbursement shall be appropriated and included in the department
budget. (e) This section shall apply to the School for the Deaf
and the Davies Vocational School notwithstanding any provisions
of this section to the contrary. (f) Whenever any funds are appropriated
for educational purposes, the funds shall be used for educational
purposes only and all such state funds 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. The courts of this state shall enforce
this section by writ of mandamus. (g) Notwithstanding the calculations
in subsections (a) and (b), the hospital school at the Hasbro
Children's Hospital shall be reimbursed eighty thousand dollars
($80,000) in the fiscal year ending June 30, 1995, and thereafter
one hundred percent (100%) of all expenditures approved by the
board of regents for elementary and secondary education in accordance
with currently existing rules and regulations for administering
state aid, and subject to annual appropriations by the general
assembly including but not limited to expenditures for educational
personnel, supplies, and materials in the prior fiscal year.
SECTION 2. Section 16-64-1 of the General Laws in Chapter 16-64 entitled "Residence of Children for School Purposes" is hereby amended to read as follows:
16-64-1. Residency of children for school purposes. --
Except as otherwise provided by law or by agreement, a child shall
be enrolled in the school system of the town wherein he or she
resides. A child shall be deemed to be a resident of the town
where his or her parents reside. If the child's parents reside
in different towns the child shall be deemed to be a resident
of the town in which the parent having actual custody of the child
resides. In cases where a child has no living parents, has been
abandoned by his or her parents, or when parents are unable to
care for their child on account of parental illness or family
break-up, the child shall be deemed to be a resident of the town
where the child lives with his or her legal guardian, natural
guardian, or other person acting in loco parentis to the child.
An emancipated minor shall be deemed to be a resident of the town
wherein he or she lives. Children placed in group homes, in foster
care, in child caring facilities, or by a Rhode Island state agency
or a Rhode Island licensed child placing agency shall be deemed
to be residents of the town where the group home, child caring
facility, or foster home is located {ADD for the purposes of enrollment ADD},
and this town shall be reimbursed or the child's education be
paid for in accordance with section {DEL 16-7-20 DEL} {ADD 16-64-1.1 ADD}.
In all other cases a child's residence shall be determined in
accordance with the applicable rules of the common law. Where
a child is a resident in a dwelling which lies in more than one
municipality, the parent(s) or guardian shall choose which school
district the child shall attend without payment of costs as tuition.
SECTION 3. Chapter 16-64 of the General Laws entitled "Residence of Children for School Purposes" is hereby amended by adding thereto the following sections:
{ADD 16-64-1.1. Payment and reimbursement for educational costs of children placed in foster care, group homes, child caring facilities, community residences, or other residential facility by a Rhode Island state agency. -- ADD} {ADD (a) Children placed in foster care by a Rhode Island licensed child placing agency or a Rhode Island governmental agency with a private family 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 and shall be reimbursed by the state in accordance with section 16-7-20(a); ADD}
{ADD (b) children placed by DCYF pursuant to section 42-72-5(b)(24) in a residential treatment program, whether or not located in the state of Rhode Island, which includes the delivery of educational services, shall have the cost of their education paid for as provided for in section 42-72-5(b)(24). The city or town shall pay its share of the cost of educational services to DCYF ADD}
{ADD (c) 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: ADD}
{ADD (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 and; ADD}
{ADD (2) the facility is state-licensed and; ADD}
{ADD (3) the facility operates an approved on-grounds educational program, whether or not the child attends the on-grounds program. ADD}
{ADD (d) All other children placed by DCYF in group homes, child caring facilities, community residences, or other residential facilities, whether or not located in the state of Rhode Island, shall have the cost of their education paid for by DCYF or, if a child is enrolled in a public school in Rhode Island, by the city or town in which the residential facility is located, and the city, town or DCYF, shall receive a contribution from the city or town in which the child's parent(s) or guardian live as determined by section 16-64-1.2. Such contribution shall be at least the amount of the average per pupil cost for general or special education of the city or town making the contribution. ADD}
{ADD 16-64-1.2. Designation of residency of children in state care for purposes of financial responsibility under section 16-64-1.1 -- Effect of designation of residency. -- ADD}{ADD (a) An initial factual determination and designation of the residence of the parent(s) of a child placed in the care and custody of the state shall be made by the family court in accordance with section 33-15.1-2. The director of the department of children, youth and families shall incorporate such designation of parent's residence on the child's intra-state education identification card and thereafter update the designation pursuant to section 42-72.4-1(b). ADD}
{ADD (b) The department of elementary and secondary education shall designate the city or town to be responsible for the cost of education for children in state care who have neither a father, mother, nor guardian living in the state or whose residence can be determined in the state or who have been surrendered for adoption or who have been freed for adoption by a court of competent jurisdiction using the following criteria: (1) last known Rhode Island residence of the child's father, mother, or guardian prior to moving from the state, dying, surrendering the child for adoption or having parental rights terminated; (2) when the child's parents are separated or divorced and neither parent resides in the state, the last known residence of the last parent known to have lived in the state. Such designation shall be incorporated on the child's intra-state education identification card. ADD}
{ADD (c) The designation of a city or town pursuant to subsection (a) or (b) shall constitute prima facie evidence of parents' residence in the city or town and/or the city or town's financial responsibility for the child's education as provided in section 16-64-1.1. Pending any final decision under section 16-64-6 that a different city, town or agency bears such financial responsibility, the commissioner shall be authorized to order the general treasurer to deduct the amount owed from the designated community's school aid and to pay such amount to the community or state agency which has incurred the educational costs. ADD}
{ADD 16-64-1.3. Educational responsibility of city, town or state agency responsible for payment under section 16-64-1.1. --ADD}{ADDThe city or town or state agency responsible for payment under section 16-64-1.1 shall be responsible for the free, appropriate public education, including all procedural safeguards, evaluation and instruction in accordance with regulations under chapter 24 of this title, except that where payment is the responsibility of the department of children, youth and families, the department of elementary and secondary education shall be responsible for assuring that all procedural safeguards, evaluation and instruction in accordance with regulations under chapter 24 of this title are provided. ADD}
SECTION 4. Section 33-15.1-2 of the General Laws in Chapter 33-15.1 entitled "Guardianship of Minors" is hereby amended to read as follows:
33-15.1-2. Guardianship for education -- Educational advocates for handicapped children under the care and custody of the state. -- Whenever the family court places a child in the care and custody of the state, it shall enter an order indicating whether the parents or guardian are to be allowed to continue to make educational decisions on behalf of the child. At the same time, the family court shall make a factual determination pursuant to section 16-64-1 as to the residence of the child's parent(s) or guardian on the date that the child is placed in the care and custody of the state, subject to section 16-64-6. {ADD Thereafter, while the child is in the care of the state, the director of DCYF shall have the duty to update the child's parent's residence in accordance with section 42-72.4-1. ADD} If the family court enters an order vesting the right to control a child's education with a state agency, and if the court or the state agency finds that the child is in need of special education, or that the child is suspected of being in need of special education, the court or state agency shall request the commissioner of elementary and secondary education to appoint an educational advocate to exercise the child's due process rights under applicable state and federal special education laws and regulations. The commissioner of elementary and secondary education shall also have the power to appoint an educational advocate when a child's parents or guardian cannot be identified or when the whereabouts of a parent cannot be determined. If a parent is identified or the whereabouts of the parent become known, then the commissioner shall terminate the appointment of the educational advocate. An educational advocate, acting in good faith, shall be immune from any liability resulting from the performance of his or her duties as an educational advocate.
SECTION 5. Section 42-72.4-1 of the General Laws in Chapter 42-72 entitled "Compulsory School Attendance -- Children Under State Care" is hereby amended to read as follows:
42-72.4-1. Children under state care -- Admission to public schools -- Intra-state education -- Identification card. -- (a) It shall be the duty of the director of the department of children, youth, and families to ensure that all children in the care of the state are allowed immediate admission, subject to the provisions of section 16-64-1 through section 16-64-8, to a public school in the city or town in which they are residing in an authorized placement. To facilitate the discharge of this duty, the director shall issue to every child in the state's care who has completed three (3) years of life and has not completed eighteen (18) years of life and to every other child in the state's care who is eligible to be enrolled in a public school, an intra-state education identification card.
{ADD (b) It shall be the duty of the director to update the intra-state
education identification card for each child in order to provide
current information regarding the residence of the parent or guardian
on an annual basis each time the child transfers to another school
district ADD}. Such a card shall provide that each city or town
be required to immediately enroll said child in its school system
and {ADD for purposes of determining the school district financially
responsible for the child's education in accordance with section
16-64-1.1, the parent's residence designated on the intra-state
education identification card shall constitute prima facie evidence
of the parent's residence in that district. ADD} {DEL shall
require DEL}
{ADD (c) It shall be the duty of ADD} both the receiving and sending school system to effect the immediate transfer of the child's school records without any additional documentation except as provided by the department of education. The requirements of this section shall be in addition to the provisions of section 16-64-7, which empowers the department of children, youth, and families to authorize the transfer of school records in certain situations. The director of the department of children, youth, and families shall be authorized to promulgate rules and regulations necessary to the implementation of this chapter. The director shall comply with the terms of this chapter upon passage for all children in state care who are not then enrolled and/or registered in the school district within which they reside and shall comply with the terms of the chapter for children who are currently so enrolled or registered no later than the time of such children's next school transfer.
{DEL (b) DEL} {ADD (d) ADD} All inmates in the training school,
without regard to their age, must attend or participate in a school,
vocational, general equivalency diploma program, or other training
program, located on the training school grounds as part of the
training schools programs while committed to the training school.
SECTION 6. This act shall take effect upon passage.
