ARTICLE 7

RELATING TO EDUCATION

     SECTION 1. Section 16-7.2-3 and 16-7.2-5 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 subsection (a)(1) of this section and the amount to support high-need students in

subsection (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 a student success factor of forty percent (40%) by the core instruction per-

pupil amount described in subsection (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. Beginning with the FY 2026 calculation, three percent (3%) shall be added to the

student success factor for those districts with poverty status at or above sixty percent as determined

in § 16-7.2-4(a); 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.

     (c) In addition, the department shall report updated figures based on the average daily

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.

     16-7.2-5. Charter public schools, the William M. Davies, Jr. Career and Technical

High School, and the Metropolitan Regional Career and Technical Center.

     (a) Charter public schools, as defined in chapter 77 of this title, the William M. Davies, Jr.

Career and Technical High School (Davies), and the Metropolitan Regional Career and Technical

Center (the Met Center) shall be funded pursuant to § 16-7.2-3. If the October 1 actual enrollment

data for any charter public school shows a ten percent (10%) or greater change from the prior year

enrollment that is used as the reference year average daily membership, the last six (6) monthly

payments to the charter public school will be adjusted to reflect actual enrollment. The state share

of the permanent foundation education aid shall be paid by the state directly to the charter public

schools, Davies, and the Met Center pursuant to § 16-7.2-9 and shall be calculated using the state-

share ratio of the district of residence of the student as set forth in § 16-7.2-4. The department of

elementary and secondary education shall provide the general assembly with the calculation of the

state share of permanent foundation education aid for charter public schools delineated by school

district.

     (b) The local share of education funding shall be paid to the charter public school, Davies,

and the Met Center by the district of residence of the student and shall be the local, per-pupil cost

calculated by dividing the local appropriation to education from property taxes, net of debt service,

and capital projects, as defined in the uniform chart of accounts by the average daily membership

for each city and town, pursuant to § 16-7-22, for the reference year.

     (c) Beginning in FY 2017, there shall be a reduction to the local per-pupil funding paid by

the district of residence to charter public schools, Davies, and the Met Center. This reduction shall

be equal to the greater (i) Of seven percent (7%) of the local, per-pupil funding of the district of

residence pursuant to subsection (b) or (ii) The per-pupil value of the district’s costs for non-public

textbooks, transportation for non-public students, retiree health benefits, out-of-district special-

education tuition and transportation, services for students age eighteen (18) to twenty-one (21)

years old, pre-school screening and intervention, and career and technical education, tuition and

transportation costs, debt service and rental costs minus the average expenses incurred by charter

schools for those same categories of expenses as reported in the uniform chart of accounts for the

prior preceding fiscal year pursuant to § 16-7-16(11) and verified by the department of elementary

and secondary education. In the case where audited financials result in a change in the calculation

after the first tuition payment is made, the remaining payments shall be based on the most recent

audited data. For those districts whose greater reduction occurs under the calculation of (ii), there

shall be an additional reduction to payments to mayoral academies with teachers who do not

participate in the state teacher’s retirement system under chapter 8 of title 36 equal to the per-pupil

value of teacher retirement costs attributable to unfunded liability as calculated by the state’s

actuary for the prior preceding fiscal year. Notwithstanding the foregoing, beginning with FY 2026,

the reduction to the local per-pupil funding shall not exceed fourteen percent (14%).

     (d) Local district payments to charter public schools, Davies, and the Met Center for each

district’s students enrolled in these schools shall be made on a quarterly basis in July, October,

January, and April; however, the first local-district payment shall be made by August 15, instead

of July. Failure of the community to make the local-district payment for its student(s) enrolled in a

charter public school, Davies, and/or the Met Center may result in the withholding of state

education aid pursuant to § 16-7-31.

     (e) Beginning in FY 2017, school districts with charter public school, Davies, and the Met

Center enrollment, that, combined, comprise five percent (5%) or more of the average daily

membership as defined in § 16-7-22, shall receive additional aid for a period of three (3) years. Aid

in FY 2017 shall be equal to the number of charter public school, open-enrollment schools, Davies,

or the Met Center students as of the reference year as defined in § 16-7-16 times a per-pupil amount

of one hundred seventy-five dollars ($175). Aid in FY 2018 shall be equal to the number of charter

public school, open-enrollment schools, Davies, or the Met Center students as of the reference year

as defined in § 16-7-16 times a per-pupil amount of one hundred dollars ($100). Aid in FY 2019

shall be equal to the number of charter public school, open-enrollment schools, Davies, or the Met

Center students as of the reference year as defined in § 16-7-16 times a per-pupil amount of fifty

dollars ($50.00). The additional aid shall be used to offset the adjusted fixed costs retained by the

districts of residence.

     (f) [Deleted by P.L. 2023, ch. 79, art. 8, § 2.]

     SECTION 2. Section 16-77.4-1 of the General Laws in Chapter 16-77.4 entitled " Mayoral

Academies " is hereby amended to read as follows:

      16-77.4-1. Entities eligible to apply to become, or for the expansion of, a mayoral

academy.

     (a) A “mayoral academy” means a charter school created by a mayor of any city or town

within the State of Rhode Island, acting by, or through, a nonprofit organization established for

said purpose (regardless of the time said nonprofit organization is in existence), that enrolls students

from more than one city or town, including both urban and non-urban communities, and that offers

an equal number of enrollments to students on a lottery basis; provided, further, that such mayoral

academies shall have a founding board of trustees or directors that is comprised of representatives

from each included city or town and is chaired by a mayor of an included city or town. The mayor

from each city or town, or in the absence of a mayor, the city or town council via a resolution or

ordinance, shall approve the participation in the mayoral academy’s catchment area for a proposed

charter or an amendment to a charter for expansion. Upon completion of a first charter term and an

approved renewal, any member may be elected by the board to be the chair. For purposes of this

chapter, the term “mayor” shall include any elected town administrator.

     (b) No child shall be required to attend a mayoral academy, nor shall any teacher be

required to teach in a mayoral academy. The school committee of the district in which a mayoral

academy is located shall make accommodations to facilitate the transfer of students who do not

wish to participate in a mayoral academy into other public schools. It shall also make

accommodations for those students who wish to transfer into the mayoral academy as space

permits. If the total number of students who are eligible to attend and apply to a mayoral academy

is greater than the number of spaces available, the mayoral academy shall conduct a lottery to

determine which students shall be admitted.

     SECTION 3. This article shall take effect upon passage.