2012 -- S 2829

=======

LC02233

=======

STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2012

____________

A N A C T

RELATING TO EDUCATION -- FOUNDATION LEVEL SCHOOL SUPPORT

     Introduced By: Senators DaPonte, and Bates

     Date Introduced: March 22, 2012

     Referred To: Senate Finance

It is enacted by the General Assembly as follows:

1-1

     SECTION 1. Section 16-7-23 of the General Laws in Chapter 16-7 entitled "Foundation

1-2

Level School Support" is hereby amended to read as follows:

1-3

     16-7-23. Community requirements -- Adequate minimum budget provision. -- (a)

1-4

The school committee's budget provisions of each community for current expenditures in each

1-5

budget year shall provide for an amount from all sources sufficient to support the basic program

1-6

and all other approved programs shared by the state. Each community shall contribute local funds

1-7

to its school committee in an amount not less than its local contribution for schools in the

1-8

previous fiscal year except to the extent permitted by section sections 16-7-23.1 and 16-7-23.2.

1-9

Provided, that for the fiscal years 2010 and 2011 each community shall contribute to its school

1-10

committee in an amount not less than ninety-five percent (95.0%) of its local contribution for

1-11

schools for the fiscal year 2009. Calculation of the annual local contribution shall not include

1-12

Medicaid revenues received by the municipality or district pursuant to chapter 8 of title 40. A

1-13

community which has a decrease in enrollment may compute maintenance of effort on a per pupil

1-14

rather than on an aggregate basis when determining its local contribution; furthermore, a

1-15

community which experiences a nonrecurring expenditure for its schools may deduct the

1-16

nonrecurring expenditure in computing its maintenance of effort. The deduction of nonrecurring

1-17

expenditures shall be with the approval of the commissioner. The courts of this state shall enforce

1-18

this section by writ of mandamus means of injunctive relief.

1-19

      (b) Whenever any state funds are appropriated for educational purposes, the funds shall

1-20

be used for educational purposes only and all state funds appropriated for educational purposes

2-1

must be used to supplement any and all money allocated by a city or town for educational

2-2

purposes and, in no event, shall state funds be used to supplant, directly or indirectly, any money

2-3

allocated by a city or town for educational purposes. All state funds shall be appropriated by the

2-4

municipality to the school committee for educational purposes in the same fiscal year in which

2-5

they are appropriated at the state level even if the municipality has already adopted a school

2-6

budget. All state and local funds unexpended by the end of the fiscal year of appropriation shall

2-7

remain a surplus of the school committee and shall not revert to the municipality. Any surplus of

2-8

state or local funds appropriated for educational purposes shall not in any respect affect the

2-9

requirement that each community contribute local funds in an amount not less than its local

2-10

contribution for schools in the previous fiscal year, subject to subsection (a) of this section, and

2-11

shall not in any event be deducted from the amount of the local appropriation required to meet the

2-12

maintenance of effort provision in any given year.

2-13

     SECTION 2. Chapter 16-7 of the General Laws entitled "Foundation Level School

2-14

Support" is hereby amended by adding thereto the following section:

2-15

     16-7-23.2. School deficit reduction -- Maintenance of effort provision. – A city, town,

2-16

or regional school district appropriating authority may appropriate supplemental funds to

2-17

eliminate or reduce a school budget deficit. To the extent that such a supplemental appropriation

2-18

represents payment of past annual expenditure, the payment shall not be used in the computation

2-19

of the maintenance of effort requirements established by section 16-7-23.

2-20

     SECTION 3. This act shall take effect upon passage.

=======

LC02233

========

EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N A C T

RELATING TO EDUCATION -- FOUNDATION LEVEL SCHOOL SUPPORT

***

3-1

     This act would provide that supplemental appropriations made by a city, town or regional

3-2

school district appropriating authority for the payment of past annual expenditures would not be

3-3

used in the computation of the maintenance of effort requirements established under section 16-7-

3-4

23.

3-5

     This act would take effect upon passage.

=======

LC02233

=======