98 -- S 3057

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LC03412
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S T A T E     O F    R H O D E    I S L A N D

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 1998

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A N     A C T

AN ACT REPEALING THE RHODE ISLAND STUDENT INVESTMENT INITIATIVE

Introduced By: Senators Kelly and Algiere

Date Introduced :April 2, 1998

Referred To: Senate Read and Passed

It is enacted by the General Assembly as follows:

SECTION 1. Chapter 16-7.1 of the General Laws entitled "The Rhode Island Student Investment Initiative" is hereby repealed in its entirety.

{DEL CHAPTER 7.1 DEL}

{DEL THE RHODE ISLAND STUDENT INVESTMENT DEL}

{DEL INITIATIVE DEL}

{DEL 16-7.1-1. Legislative findings. -- DEL} {DEL(A) This legislation is a transition step toward enacting comprehensive state education aid funding program which addresses four (4) fundamental principles: DEL}

{DEL (1) Closing the inequitable resource gaps among school districts and schools; DEL}

{DEL (2) Closing inequitable gaps in performance and achievement among different groups of students, especially those correlated with poverty, gender, and language background; DEL}

{DEL (3) Targeting investments to improve student and school performance; DEL}

{DEL (4) And establishing a predictable method of distributing state education aid in a manner that addresses the over-reliance on the property tax to finance education. DEL}

{DEL This transitional step is designed to accelerate the implementation of the State Comprehensive Education Strategy. The strategy is an action plan for ensuring that all children achieve at high levels and become lifelong learners, productive workers and responsible citizens. The standard for expected student achievement is currently being set at a high level both by the board of regents and in Rhode Island's districts and schools. High standards must be supported and these expectations must now be reached by all our students. All the state's children must enjoy the success that comes with proficiency in skill and knowledge. DEL}

{DEL (B) Evaluation of Success.. - Improved student and school performance is the key measure of the success of Rhode Island's schools. This success cannot occur without investment based on the four fundamental principles as stated in section 16-7-1.2. The success of these investments shall be evaluated based on: accountability for student and school performance; accountability in terms of whether the state's investment is sufficiently adequate and equitable to support such improvement in performance; and on accountability for district and school expenditures. DEL}

{DEL 16-7.1-2. Accountability for student performance. -- DEL} {DELThe board of regents shall adopt and publish statewide standards of performance and performance benchmarks in core subject areas to include writing and mathematics (grades 4, 8 and 10). These standards and performance benchmarks shall be ratified by the board and implemented by December 31, 1997. By December 31, 1998, performance standards and performance benchmarks for reading in two grades shall be added. DEL}

{DEL Districts and schools need to be held accountable for student performance results. Therefore, every school district receiving state education aid under Title 16 of the general laws shall develop a district strategic plan. The district strategic plan shall: be based on high academic standards for student performance consistent with the Statewide standards and benchmarks; be the product of a shared community wide process which defines a vision of what students should know and be able to do; address the needs of each school in the district; encourage the development of school-based improvement planning and implementation; be designed to improve student achievement with emphasis on closing the performance gaps among groups of students such as the performance gaps correlated with poverty, gender, and language background; include an asset protection plan; and be consistent with Rhode Island's Comprehensive Education Strategy. In order to assure the most efficient use of resources implementing strategic plans, districts and schools are encouraged to work together as consortia and as part of the regional collaboratives. DEL}

{DEL The strategic plan shall include strategies to improve the performance of students in mathematics, reading and writing. These strategies shall be based on the adequate yearly progress expected for students and schools. Annual performance targets for determining whether schools and districts have made adequate yearly progress will be set by the commissioner of education. The general assembly expects these district strategies to increase the number of fourth grade students performing at or above the proficient standard in mathematics, reading and writing in each district and school. In fiscal 1998-99 and beyond, the increase shall be established annually in accordance with section 16-7.1-4. DEL}

{DEL All district strategic plans shall be submitted to the commissioner of education no later than November 1, 1998. DEL}

{DEL 16-7.1-3. Accountability for district and school expenditures. -- DEL} {DELBy June 30, 1998, all school districts shall implement a uniform program to track educational expenditures and investments. To ensure that each district's report on educational expenditures accurately reflects actual experience, the business office in each school district shall annually declare that the facts and figures presented in the district expenditure report are accurate to the best of their knowledge. In addition, each school committee shall annually ratify the district expenditure report and transmit the report to the commissioner of education no later than November 1 of each year. DEL}

{DEL 16-7.1-4. Annual report by commissioner of education. -- DEL}{DEL On or before March 1 of each year, the commissioner of education shall annually publish a report detailing school district and individual school performance consistent with section 16-60-4(22). This report shall also set annual performance benchmarks. Also, the commissioner of education shall report to the house of representatives and the senate, sitting as the grand committee, no later than March 1 of each year, the status of district and school performance, status of the level of the state's investment in education, and the status of district and school expenditures. DEL}

{DEL 16-7.1-5. Intervention and support for failing schools. -- DEL} {DELThe 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. DEL}

{DEL 16-7.1-6. Core instruction equity fund. -- DEL}{DELThe general assembly recognizes that Rhode Island cities and towns primarily rely on the local property tax to finance education programs, and that the state's highest effective property tax rates are concentrated in the state's urban communities. Therefore, certain communities, because of low tax capacity and high tax effort, are unable to appropriate sufficient funds for the support of core instructional programs. The general assembly also recognizes the need to reduce inequities in resource distribution among the state's cities and towns as well as among the state's districts and schools. Therefore, the general assembly hereby establishes the Core Instructional Equity Fund to improve the capacity of cities and towns to support the core instruction activities that are the basis of daily teaching and learning in all classrooms. The general assembly shall annually appropriate and distribute some sum to meet these needs. The sum shall be distributed based upon the following formula: DEL}

{DEL (a) Data: DEL}

{DEL Data used for the following calculations are defined as follows: DEL}

{DEL (1) Population (state and municipal) shall be included from the most recent census; DEL}

{DEL (2) Equalized weighted assessed valuations (ewav) from the most recently completed and certified study pursuant to section 16-7-21; DEL}

{DEL (3) Most recent tax data certified by the local assessors to the department of administration, and core instructional per pupil cost as determined by the Commissioner of Elementary and Secondary Education; DEL}

{DEL (4) Most recent resident average daily membership (RADM) pursuant to section 16-7-22; DEL}

{DEL (b) Methodology: DEL}

{DEL Community Property Tax Capacity Index Calculation; DEL}

{DEL Calculate statewide tax rate; DEL}

{DEL Step 1: total statewide property tax yield/total statewide property tax base (ewav)= state average tax rate; DEL}

{DEL Step 2: calculate statewide yield per capita; DEL}

{DEL Total statewide property tax yield/state population (most recent census) = state property tax yield per capita; DEL}

{DEL Step 3: calculate municipal property tax yield per capita; DEL}

{DEL Municipal property tax yield/population = municipal property tax yield per capita; DEL}

{DEL Step 4: calculate municipal property tax capacity; DEL}

{DEL (Municipal property tax yield per capita/state property tax yield per capita) * 100 = Community property tax capacity index; DEL}

{DEL Total Tax Capacity Index Calculation; DEL}

{DEL Step 5: calculate community hypothetical property tax yield per capita; DEL}

{DEL (Statewide tax rate * municipal property tax base (ewav))/ Community population = Hypothetical community property tax yield per capita; DEL}

{DEL Step 6: calculate total tax capacity index; DEL}

{DEL (Hypothetical municipal yield per capita/State average property tax yield per capita) * 100 = total tax capacity index; DEL}

{DEL Tax Effort Index Calculation; DEL}

{DEL Calculate property tax effort calculation; DEL}

{DEL Step 7: (Municipal property tax yield per capita/hypothetical municipal property tax yield per capita) * 100 = Property Tax Effort Index DEL}

{DEL Capacity/Effort Index; DEL}

{DEL Calculation of the equity index; DEL}

{DEL Step 8: (Property tax capacity index/tax effort index = Equity index; DEL}

{DEL Instructional Cost Per Pupil; DEL}

{DEL Calculate the instructional cost per RADM; DEL}

{DEL Step 9: core instructional district cost degrees district RADM = per pupil core instructional district cost; DEL}

{DEL Step 10: select the statewide median per pupil instructional cost; DEL}

{DEL Step 11: state median per pupil core instructional cost -- district per pupil core instructional cost = core gap; DEL}

{DEL Step 12: core gap * RADM = weighted difference. DEL}

{DEL Eligibility to receive funds -- only those districts which have a gap in instructional core funding and which have capacity of less than 0.50 per the equity index are eligible to receive funds under this provision in 1997-1998. DEL}

{DEL 16-7.1-7. Determination of state's share for fiscal year 1997-1998. -- DEL} {DELNotwithstanding any other provisions of the general laws, each school district, including the state operated district of Central Falls, shall receive at least the same amount of school aid in fiscal years 1997-1998 through and including fiscal year 1999-2000 as each district received in fiscal year 1996-1997 pursuant to section 16-7-20.7. For fiscal year 1997-1998, regional school districts shall receive the full regionalization bonus as calculated in section 16-7-20.5; except that no regional school district shall receive a regionalization bonus in 1997-1998 which is less than what the district received in 1996-1997, and except that such regionalization bonuses shall not be subject to the provisions of section 16-67-4. DEL}

{DEL 16-7.1-8. Student equity investment fund. -- DEL}{DELThe general assembly recognizes the need to improve fourth grade performances in mathematics, reading and writing. Therefore, the general assembly hereby establishes the Student Equity Investment Fund to target students identified as those requiring additional educational services. The general assembly shall annually appropriate some sum and distribute based on each district's proportion of children eligible for USDA reimbursable school meals relative to the total number of such students statewide. For the purposes of this section, the date as of such eligibility for USDA reimbursable meals shall be determined by the June report of the reference year as defined in section 16-7-16. These resources shall be used to close student performance gaps in accordance with the district's strategic plan pursuant to section 16-7.1-2. DEL}

{DEL 16-7.1-9. Student language assistance investment fund. -- DEL} {DELThe general assembly recognizes the strength Rhode Island's growing cultural diversity brings to the overall economic and social health of the state. Therefore, the general assembly hereby establishes the Student Language Assistance Investment Fund to target state resources to assist students that require additional language educational services. The general assembly shall annually appropriate some sum and distribute based on each district's proportion of full time equivalent limited English proficiency students statewide in the reference year as defined in section 16-7-16. For purposes of this section, full time equivalent for limited English proficiency students shall be defined in section 16-54-4 of the general laws. These resources shall be used to close student performance gaps in accordance with the district's strategic plan pursuant to section 16-7.1-2. DEL}

{DEL 16-7.1-10. Professional development investment fund. -- DEL} {DELIn order to continue developing the skills of Rhode Island's teachers and staff, the general assembly hereby establishes a Professional Development Investment Fund. The general assembly shall annually appropriate some sum and distribute based on a pupil-teacher ratio which shall be adjusted annually by the commissioner of education. School districts may use funds received under this category of education aid to replace up to, but no more than, ten percent (10%) of the amount the school district spent for professional development programs in the previous fiscal year. The expenditure of these funds shall be determined by a committee at each school consisting of the school principal; two teachers selected by the teaching staff of the school and two parents of students attending the school. Collaborative programs between schools are encouraged. These resources shall be used to close student performance gaps in accordance with the school's and district's strategic plan pursuant to section 16-7.1-2. DEL}

{DEL 16-7.1-11. Early childhood investment fund. -- DEL}{DELThe general assembly hereby establishes the Early Childhood Student Investment Fund to provide schools and teaching staff for the early grades with resources to begin improving student performance. The general assembly shall annually appropriate some sum and distribute based on each district's proportion of their average daily membership for grades kindergarten through and including third grade in the reference year as defined in section 16-7-16 relative to the statewide average daily membership for the same grades in the same fiscal year. For purposes of this section, average daily membership for grades kindergarten through and including third grade shall be defined in section 16-7-22. These resources shall be used to close student performance gaps in accordance with the district's strategic plan pursuant to section 16-7.1-2. These early childhood investment funds shall be used in coordination with the literacy set-aside funds (chapter 67 of this title). In addition, these funds may be used for early childhood pilot programs, including Child Opportunity Zones (COZs), that combine and/or leverage some or all of the following state, federal and/or local funds insofar as allowable: student equity investment fund; literacy set-aside; special education funds; Title I funds; and any other appropriate funds. DEL}

{DEL 16-7.1-12. Student technology investment fund. -- DEL}{DELThe general assembly hereby establishes the Student Technology Investment Fund to provide schools and teaching staff with up-to-date educational technology and training to help students meet the demands of the 21st century. Rhode Island's Comprehensive Education Strategy calls for providing support to all schools for educational technology. The funds may be used for: curriculum development to improve teaching and learning, in-service professional development to support the effective use of technology in schools; and infrastructure requirements such as equipment, software and networking of systems. These resources shall be used to close student performance gaps in accordance with the district's strategic plan pursuant to section 16-7.1-2 and be consistent with the technology plan of the Rhode Island Comprehensive Strategy. The general assembly shall annually appropriate some sum and distribute based on each district's proportion of their average daily membership in the reference year as defined in section 16-7-16. For purposes of this section, average daily membership shall be defined in section 16-7-22. School districts may use funds received under this category of education aid to replace up to, but no more than, ten percent (10%) of the amount the school district spent for technology related expenditures in the previous fiscal year. DEL}

{DEL 16-7.1-13. State leadership in conducting annual assessments of student performance. -- DEL} {DELSetting high standards for student performance must be paired with related assessments that will determine what progress the state is making toward bringing all children to high levels of achievement. A state assessment program shall be continued and expanded in core areas (mathematics, reading, writing and health). The program shall include performance standards and an annual report which disaggregates performance by race, poverty, native language and gender. The general assembly shall annually appropriate funds to support the programs. The amount for fiscal 1998 is $1,093,043 and shall be recalculated annually. The commissioner of education shall implement the state assessment program. DEL}

{DEL 16-7.1-14. Joint commission. -- DEL}{DEL The special joint commission established in section 16-79-2 shall continue to work toward a comprehensive state education aid funding program. The commission will examine the needs of pre-kindergarten aged children and adult education programs. The commission will also examine compensation and benefit programs of persons employed in public education. DEL}

SECTION 2. 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. -- 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. For fiscal year {DEL s DEL} 1998 {DEL through and including fiscal year 2000 DEL}, each community shall contribute local funds to its school committee an amount not less than its {ADD fiscal year 1997 ADD} local contribution for schools {DEL in the previous fiscal year DEL}. The courts of this state shall enforce this section by writ of mandamus.

{DEL Furthermore, whenever any state 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. 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 such surplus of state or local funds shall not in any respect affect the requirement that each community contribute local funds in fiscal years 1998 through and including fiscal year 2000 in an amount not less than its local contribution for schools in the previous fiscal year, 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. DEL}

SECTION 3. This act shall take effect upon passage.

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LC03412
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EXPLANATION
BY THE LEGISLATIVE COUNCIL
OF
A N     A C T
AN ACT REPEALING THE RHODE ISLAND STUDENT INVESTMENT INITIATIVE

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This act would repeal "The Rhode Island Student Investment Initiative Act" which provided a comprehensive state education aid funding program.

This act would take effect upon passage.



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