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art.007/6/007/5/007/4/007/3/007/2/007/1

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     ARTICLE 7 AS AMENDED

RELATING TO EDUCATION

     SECTION 1. Section 16-2-34 of the General Laws in Chapter 16-2 entitled "School

Committees and Superintendents [See Title 16 Chapter 97 — The Rhode Island Board of Education

Act]" is hereby repealed.

     16-2-34. Central Falls School District board of trustees.

     (a) There is hereby established a seven (7) member board of trustees, which shall govern

the Central Falls School District. With the exception of those powers and duties reserved by the

commissioner of elementary and secondary education, and the board of regents for elementary and

secondary education, the board of trustees shall have the powers and duties of school committees.

Notwithstanding any provision of law to the contrary, the commissioner of elementary and

secondary education, as the executive agent of the board of regents for elementary and secondary

education, is authorized to exercise in whole or in part care, control, and management over the

public schools of the Central Falls school district within the scope of authority of the board of

trustees and board of regents, whenever the commissioner deems such intervention to be necessary

and appropriate.

     (b) The board of regents for elementary and secondary education shall appoint the members

of the board of trustees from nominations made by the commissioner of elementary and secondary

education. The chairperson shall also be selected in this manner. The board of regents shall

determine the number, qualifications, and terms of office of members of the board of trustees,

provided however, that at least four (4) of the members shall be residents of the city and parents of

current or former Central Falls public school students. The remaining three (3) shall be appointed

at large.

     (c) The board of regents shall provide parameters for overall budget requests, approve the

budget, and otherwise participate in budget development.

     (d) The commissioner of elementary and secondary education shall recommend parameters

for overall budget requests, recommend a budget, and otherwise participate in budget development.

     (e) The commissioner shall approve the process for selection of the superintendent.

     (f) The board of trustees shall meet monthly and serve without compensation. The board

of trustees shall have broad policy making authority for the operation of the school, as well as the

following powers and duties:

     (1) To identify the educational needs of the district;

     (2) To develop educational policies to meet the needs of students in the school district;

     (3) To appoint a superintendent to serve as its chief executive officer and to approve

assistant and associate superintendents from nominations made by the superintendent;

     (4) To provide policy guidance and otherwise participate in budget development; and

     (5) To develop staffing policies which ensure that all students are taught by educators of

the highest possible quality.

     (g) The superintendent shall serve at the pleasure of the board of trustees with the initial

appointment to be for a period of not more than three (3) years; provided, however, that the terms

and conditions of employment are subject to the approval of the board of regents for elementary

and secondary education.

     (h) It shall be the responsibility of the superintendent to manage and operate the school on

a day-to-day basis. The superintendent's duties shall include the following:

     (1) To be responsible for the care, supervision, and management of the schools;

     (2) To recommend to the board of trustees educational policies to meet the needs of the

district, and to implement policies established by the board of trustees;

     (3) To present nominations to the board of trustees for assistant and associate

superintendents and to appoint all other school personnel;

     (4) To provide for the evaluation of all school district personnel;

     (5) To establish a school based management approach for decision making for the operation

of the school;

     (6) To prepare a budget and otherwise participate in budget development as required, and

to authorize purchases consistent with the adopted school district budget;

     (7) To report to the board of trustees, on a regular basis, the financial condition and

operation of the schools, and to report annually on the educational progress of the schools;

     (8) To establish appropriate advisory committees as needed to provide guidance on new

directions and feedback on the operation of the schools;

     (9) With policy guidance from the board of trustees and extensive involvement of the

administrators and faculty in the school, to annually prepare a budget. The board of trustees shall

approve the budget and transmit it to the commissioner. The board of regents for elementary and

secondary education, upon recommendation of the commissioner of elementary and secondary

education, shall provide parameters for the overall budget request. Based on review and

recommendation by the commissioner, the board of regents shall approve the total budget and

incorporate it into its budget request to the governor and to the general assembly. Line item

budgeting decisions shall be the responsibility of the superintendent; and

     (10) To negotiate, along with the chairperson of the board of trustees and his or her

appointed designee, all district employment contracts, which contracts shall be subject to the

approval of the commissioner of elementary and secondary education with the concurrence of the

board of regents.

     (i) Nothing in this section shall be deemed to limit or otherwise interfere with the rights of

teachers and other school employees to bargain collectively pursuant to chapters 9.3 and 9.4 of title

28, to exercise rights afforded under any statute including, but not limited to, Title 16, or to allow

the commissioner, board of trustees or the superintendent to abrogate any agreement by collective

bargaining.

     (j) The appointment of the special state administrator for the Central Falls School District

and the Central Falls School District Advisory Group, created by chapter 312 of the Rhode Island

Public Laws of 1991, will no longer be in effect upon the selection and appointment of the board

of trustees created in this section. All powers and duties of the special state administrator and the

Central Falls School District Advisory Group are hereby transferred and assigned to the board of

trustees created in this section, upon the selection and appointment of that board.

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

[See Title 16 Chapter 97 — The Rhode Island Board of Education Act]" is hereby amended by

adding thereto the following section:

     16-7-23.3. Central Falls schools -- Return to local control -- Local appropriation.

     (a) In fiscal years 2027 and thereafter, the city of Central Falls will contribute to the Central

Falls School District an amount at least equal to the sum of:

     (1) One percent (1%) of the city's prior year total tax levy;

     (2) The city's prior year contribution; and

     (3) A contribution from the Central Falls school district's fund balance beginning with

$500,000 in fiscal year 2027, reduced by $50,000 annually in accordance with the final report of

the Special Joint Legislative Commission to Study the Return of Central Falls Schools to Local

Governance with a target end point that meets the Government Finance Officers Association’s

standards and aligns with the department of elementary and secondary education’s fiscal

accountability standards and annual reporting to ensure adequate funding of the foundation

education aid for all Central Falls students.

     (b) As authorized in § 44-5-2, the city of Central Falls may exceed the maximum levy to

fulfill its obligation to contribute the amount required this section.

     (c) No later than September 30, 2030, as preparation for the fiscal year 2032 budgeting

process, the city of Central Falls (including the Central Falls school district), the division of

municipal finance, and the department of elementary and secondary education shall conduct a

review of the funding requirements set forth in this section and provide their recommendations for

any modifications which should be made to the governor, speaker of the house, and president of

the senate.

     SECTION 3. Section 16-7-41.1 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:

     16-7-41.1. Eligibility for reimbursement.

     (a) School districts, not municipalities, may apply for and obtain approval for a project

under the necessity of school construction process set forth in the regulations of the council on

elementary and secondary education, provided, however, in the case of a municipality that issues

bonds through the Rhode Island health and educational building corporation to finance or refinance

school facilities for a school district that is not part of the municipality, the municipality may apply

for and obtain approval for a project. Such approval will remain valid until June 30 of the third

fiscal year following the fiscal year in which the council on elementary and secondary education’s

approval is granted. Only those projects undertaken at school facilities under the care and control

of the school committee and located on school property may qualify for reimbursement under §§

16-7-35 — 16-7-47. Facilities with combined school and municipal uses or facilities that are

operated jointly with any other profit or nonprofit agency do not qualify for reimbursement under

§§ 16-7-35 — 16-7-47. Projects completed by June 30 of a fiscal year are eligible for

reimbursement in the following fiscal year. A project for new school housing or additional housing

shall be deemed to be completed when the work has been officially accepted by the school

committee or when the housing is occupied for its intended use by the school committee, whichever

is earlier.

     (b) Notwithstanding the provisions of this section, the board of regents shall not grant final

approval for any project between June 30, 2011, and May 1, 2015, except for projects that are

necessitated by immediate health and safety reasons. In the event that a project is requested during

the moratorium because of immediate health and safety reasons, those proposals shall be reported

to the chairs of the house and senate finance committees.

     (c) Any project approval granted prior to the adoption of the school construction

regulations in 2007, and which are currently inactive; and any project approval granted prior to the

adoption of the school construction regulations in 2007 which did not receive voter approval or

which has not been previously financed, are no longer eligible for reimbursement under this

chapter. The department of elementary and secondary education shall develop recommendations

for further cost containment strategies in the school housing aid program.

     (d) Beginning July 1, 2015, the council on elementary and secondary education shall

approve new necessity of school construction applications on an annual basis. The department of

elementary and secondary education shall develop an annual application timeline for local

education agencies seeking new necessity of school construction approvals.

     (e) Beginning July 1, 2019, no state funding shall be provided for projects in excess of ten

million dollars ($10,000,000) unless the prime contractor for the project has received

prequalification from the school building authority. However, for projects commencing after July

1, 2026, and for subsequent fiscal years, no state funding shall be provided for projects in excess

of ten million dollars ($10,000,000) unless the prime contractor for the project has received

prequalification from the division of purchases.

     (f) Beginning July 1, 2019, the necessity of school construction process set forth in the

regulations of the council on elementary and secondary education shall include a single statewide

process, developed with the consultation of the department of environmental management, that will

ensure community involvement throughout the investigation and remediation of contaminated

building sites for possible reuse as the location of a school. That process will fulfill all provisions

of § 23-19.14-5 related to the investigation of reuse of such sites for schools.

     (g) Beginning July 1, 2019, school housing projects exceeding one million five hundred

thousand dollars ($1,500,000) subject to inflation shall include an owner’s program manager and a

commissioning agent. The cost of the program manager and commissioning agent shall be

considered a project cost eligible for aid pursuant to §§ 16-7-41 and 16-105-5. However, for

projects completing after July 1, 2026, and subsequent fiscal years, school housing projects

exceeding ten million dollars ($10,000,000) subject to inflation shall include an owner’s program

manager and a commissioning agent. The cost of the program manager and commissioning agent

shall not exceed three percent (3%) of total project costs and shall be considered a project cost

eligible for aid pursuant to §§ 16-7-41 and 16-105-5.

     (h) Temporary housing, or swing space, for students shall be a reimbursable expense so

long as a district can demonstrate that no other viable option to temporarily house students exists

and provided that use of the temporary space is time limited for a period not to exceed twenty-four

(24) months and tied to a specific construction project.

     (i) Environmental site remediation, as defined by the school building authority, shall be a

reimbursable expense up to one million dollars ($1,000,000) per project.

     (j) If, within thirty (30) years of construction, a newly constructed school is sold to a private

entity, the state shall receive a portion of the sale proceeds equal to that project’s housing aid

reimbursement rate at the time of project completion.

     (k) All projects must comply with § 37-13-6, ensuring that prevailing wage laws are being

followed, and § 37-14.1-6, ensuring that minority business enterprises reach the required minimum

participation.

     SECTION 4. Sections 16-7.2-3, 16-7.2-5 and 16-7.2-9 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%); provided further, for the

fiscal year beginning July 1, 2026, and for subsequent fiscal years, the student success factor shall

be forty-three percent (43%) 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; 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.

     (4) By October 1, 2025, as part of its budget submission pursuant to § 35-3-4 relative to

state fiscal year 2027, the department of elementary and secondary education shall submit a report

developed in coordination with the department of administration and the Rhode Island longitudinal

data system within the office of the postsecondary commissioner. The report shall provide an

overview of the process for matching the department of human services program participation data

to the department of elementary and secondary education student enrollment records for use in the

education funding formula and recommend methods to ensure consistency and accuracy in future

matching processes.

     (5) As part of its FY 2027 and FY 2028 budget submission submissions, the department

shall also submit an estimate of foundation education aid that uses expanded direct certification

with Medicaid matching in consultation with the Rhode Island longitudinal data system and the

executive office of health and human services to identify students whose family income is at or

below one hundred eighty-five percent (185%) of federal poverty guidelines, in addition to an

estimate under the current law poverty determination.

     (6) By December 31, 2025, the department of elementary and secondary education shall

also develop and submit a report to the governor, speaker of the house, and senate president on

current and recommended processes to ensure the consistency and validity of submitted high-cost

special education data from local education agencies.

     (7) By October 1, 2026, as part of its budget submission pursuant to § 35-3-4 relative to

state fiscal year 2027, the department of elementary and secondary education shall, in collaboration

with the office of management and budget and the division of municipal finance, submit a report

comparing the funding system proposed in December 2025, by the Blue Ribbon Commission,

convened by the Rhode Island Foundation, to the current system, using validated FY 2025 Uniform

Chart of Accounts data. The report shall include, but not be limited to, a comparison of state and

local contributions for traditional districts and charter schools using different state share

percentages, recommendations for proposed weights for special education and career and technical

education students, and an analysis of the statutory recommendations.

     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%).

Notwithstanding the foregoing, for FY 2027, the reduction to the local per-pupil funding shall not

exceed fourteen percent (14%), other than for mayoral academies serving students from less than

four local school districts which have been approved as sending districts by the department of

elementary and secondary education. Notwithstanding the foregoing, beginning with FY 2028, 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.]

     16-7.2-9. Applicability.

     This chapter applies to education aid for any city, town or regional school district including

the Central Falls state operated school district, charter schools, the William M. Davies, Jr. Career

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

Calculation and distribution of aid under §§ 16-7-20.5, 16-7.1-6, 16-7.1-8, 16-7.1-9, 16-7.1-10, 16-

7.1-11, 16-7.1-11.1, 16-7.1-12, 16-7.1-15, 16-7.1-16, 16-7.1-17, 16-7.1-18, 16-7.1-19, 16-67-4,

and 16-77.1-2 is hereby suspended effective July 1, 2011, until further action by the general

assembly. Aid under this chapter will be paid pursuant to § 16-7-17, except that aid to the Central

Falls state operated school district and charter schools, Davies, and the Met Center pursuant to §

16-7.2-5 shall be paid in twelve (12) equal installments on the first of each month.

     SECTION 5. Title 16 of the General Laws entitled "EDUCATION" is hereby amended by

adding thereto the following chapter:

CHAPTER 54.1

THE SUPPORT AND ACCESS TO BILINGUAL EDUCATION ACT

     16-54.1-1. Short title.

     This chapter shall be known and may be cited as “The Support and Access to Bilingual

Education Act.”

     16-54.1-2. Definitions.

     For the purposes of this chapter:

     (1) “Bilingual dual language teacher”, or “BDL teacher,” means a teacher who provides

integrated language and content instruction in a partner language only or in a partner language and

in English, appropriate to the instructional program model they teach in, and holds the appropriate

certification pursuant to regulation 200-RICR-20-20-1.

     (2) “Bilingual language instruction program model” or "Bilingual education program

model” is an approach that serves multilingual learners at all stages of English language

development and who share a common home/native language. The goal of this approach is

proficiency and literacy in English and a partner language, as well as content achievement in both

English and a partner language. Instruction is provided in both English and home/native or partner

language. The bilingual education approach consists of dedicated English language development

and integrated language and content instruction components and can be structured in any of the

instructional program models as defined by 200-RICR-20-30-3.

     (3) "Department" means the department of elementary and secondary education.

     (4) "Eligible teacher" means a full-time teacher certified to teach in a kindergarten through

grade twelve (K-12) school by the department of elementary and secondary education and is

actively teaching within a public school with a high-incidence of multilingual learners in

accordance with regulation 200-RICR-20-30-3.

     (5) "High incidence of multilingual learners" means a local educational agency with a

multilingual learners student population that meets at least one of the following two (2) criteria: (i)

Is greater than or equal to two hundred and fifty (250) total multilingual learners; or (ii) Is greater

than or equal to twenty percent (20%) of the local educational agency's total student population

pursuant to the Rhode Island regulations governing the education of multilingual learners (200-

RICR-20-30-3).

     (6) "Local education agency" or "LEA" shall have the same meaning as defined in § 16-

92-3.

     (7) "Multilingual individual" means an individual who has demonstrated advanced low or

higher proficiency in the target language of certification in accordance with the American Council

on the Teaching of Foreign Languages (ACTFL) proficiency scale through any of the approved

seal of biliteracy language proficiency assessments including, but not limited to: ACT, SAT,

advanced placement (English language and composition, English literature and composition, and

world language), ACCESS, LAS Links (Form C/D), AAPPL, STAMP 4S, and ASLPI.

     (8) "Qualifying languages" means the most common languages other than English spoken

in the local education agency according to the U.S. Census Bureau and department data sources.

     (9) "State" means the State of Rhode Island.

     (10) "World language educator" means a person who is certified by the department of

elementary and secondary education as an all grades world language teacher in accordance with

regulation 200-RICR-20-20-1.

     16-54.1-3. Support and access to bilingual education act fund authorized.

     (a) The department shall establish and maintain a bilingual education support fund to

provide grants to traditional public school districts that establish and expand bilingual language

instruction program models; community-based organizations in collaboration with traditional

public school districts that establish and expand bilingual language instruction program models; or

institutions of higher education in partnership with traditional public school districts that establish

and expand bilingual language instruction program models.

     (b) The fund shall consist of:

     (1) Appropriations made by the general assembly pursuant to this section;

     (2) Charitable contributions to the fund; and

     (3) Other sources deemed appropriate by the department.

     16-54.1-4. Implementation of traditional public school district dual language

programs.

     (a) Eligibility for applicants shall be a minimum of one the following:

     (1) A traditional public school district within the state;

     (2) A community-based organization working in partnership with one or more traditional

public school district(s) within the state; or

     (3) An institution of higher education (IHE) working in partnership with one or more

traditional public school district(s) within the state.

     (b) An applicant may be eligible to receive a grant pursuant to the provisions of this chapter

if:

     (1) The traditional public school district uses or is planning to create a high-quality

bilingual language instruction program model in accordance with chapter 54 of title 16 (“education

of limited English proficient students”) and in accordance with regulations promulgated pursuant

thereto.

     (2) The LEA has a high incidence of multilingual learners as defined in 200-RICR-20-30-

3. For purposes of this section, the qualifying language(s) of instruction, in addition to English,

shall be determined based on the predominant home language(s) of the multilingual learner (MLL)

student population.

     (3) The LEA develops and commits to an immediate or gradual staffing plan to support the

kindergarten through grade twelve (K-12) dual language program.

     (c) Traditional public school districts are encouraged to leverage existing funds including

the state share of the MLL funding formula distribution and federal funds.

     (d) Traditional public school district, community-based organization, and institution of

higher education recipients funded pursuant to § 16-54.1-3, shall utilize such monies for dual

language program planning and implementation activities including, but not limited to:

     (1) Partnering with education professionals and organizations to design programs;

     (2) Developing and executing professional development for administrators and instructors;

or

     (3) Traditional public school districts self-evaluation program planning and

implementation of staffing needs including, but not limited to:

     (i) Providing financial support for bilingual dual language and world language teacher

certification;

     (ii) Providing in-service educator dual language professional development;

     (iii) Procuring high-quality curricular materials to enhance dual language instruction; and

     (iv) Other activities designed to facilitate or promote the LEA’s existing or emerging dual

language programs.

     (e) Only programs that adhere to high quality dual language program standards shall be

funded.

     16-54.1-5. Strategy and support to expand teaching certifications for bilingual dual

language and world language teachers.

     (a) The department shall collaborate with the office of the postsecondary commissioner,

and in consultation with any approved educator preparation program, to increase and streamline

the issuance of world language and bilingual dual language certifications for purposes of increasing

the number of bilingual dual language and world language teachers in LEAs with a high incidence

of multilingual learners as defined in 200-RICR-20-30-3.

     (b) Eligibility for applicants shall be at a minimum one of the following:

     (1) A traditional public school district within the state;

     (2) A community-based organization working in partnership with one or more traditional

public school district(s) within the state; or

     (3) An institution of higher education (IHE) working in partnership with one or more

traditional public school district(s) within the state.

     (c) An applicant may be eligible to receive a grant pursuant to the provisions of this chapter

if:

     (1) Support for teacher certification costs are granted to multilingual individuals who plan

to teach in a traditional public school district and use, or is planning to create, a high-quality

bilingual language instruction program model in accordance with chapter 54 of title 16 (“education

of limited English proficient students”) and further in accordance with regulations promulgated

pursuant thereto;

     (2) The LEA has a high incidence of multilingual learners as defined in 200-RICR-20-30-

3; or

     (3) The qualifying language(s) of instruction, in addition to English, shall be determined

based on the predominant home language(s) of the multilingual learner student population.

     SECTION 6. Section 16-105-3 of the General Laws in Chapter 16-105 entitled "School

Building Authority" is hereby amended to read as follows:

     16-105-3. Roles and responsibilities.

     The school building authority roles and responsibilities shall include:

     (1) Management of a system with the goal of ensuring equitable and adequate school

housing for all public school children in the state;

     (2) Prevention of the cost of school housing from interfering with the effective operation

of the schools;

     (3) Management of school housing aid in accordance with statute;

     (4) Reviewing and making recommendations to the council on elementary and secondary

education on necessity of school construction applications for state school housing aid and the

school building authority capital fund, based on the recommendations of the school building

authority advisory board;

     (5) Promulgating, managing, and maintaining school construction regulations, standards,

and guidelines applicable to the school housing program, based on the recommendations of the

school building authority advisory board, created in § 16-105-8. Said regulations shall require

conformance with the minority business enterprise requirements set forth in § 37-14.1-6;

     (6) Developing a prequalification and review process for prime contractors, architects, and

engineers seeking to bid on projects in excess of ten million dollars ($10,000,000) in total costs

subject to inflation. Notwithstanding any general laws to the contrary, a prequalification shall be

valid for a maximum of two (2) years from the date of issuance. Factors to be considered by the

school building authority in granting a prequalification to prime contractors shall include, but not

be limited to, the contractor’s history of completing complex projects on time and on budget, track

record of compliance with applicable environmental and safety regulations, evidence that

completed prior projects prioritized the facility’s future maintainability, and compliance with

applicable requirements for the use of women and minority owned subcontractors;

     (i) At least annually, a list of prequalified contractors, architects, and engineers shall be

publicly posted with all other program information;

     (7) Providing technical assistance and guidance to school districts on the necessity of

school construction application process;

     (8) Providing technical advice and assistance, training, and education to cities, towns,

and/or local education agencies and to general contractors, subcontractors, construction or project

managers, designers and others in planning, maintenance, and establishment of school facility

space;

     (9) Developing a project priority system, based on the recommendations of the school

building authority advisory board, in accordance with school construction regulations for the school

building authority capital fund, subject to review and, if necessary, to be revised on intervals not to

exceed five (5) years. Project priorities shall include, but not be limited to, the following order of

priorities:

     (i) Projects to replace or renovate a building that is structurally unsound or otherwise in a

condition seriously jeopardizing the health and safety of school children where no alternative exists;

     (ii) Projects needed to prevent loss of accreditation;

     (iii) Projects needed for the replacement, renovation, or modernization of the HVAC

system in any schoolhouse to increase energy conservation and decrease energy-related costs in

said schoolhouse;

     (iv) Projects needed to replace or add to obsolete buildings in order to provide for a full

range of programs consistent with state and approved local requirements; and

     (v) Projects needed to comply with mandatory, instructional programs;

     (10) Maintaining a current list of requested school projects and the priority given them;

     (11) Collecting and maintaining readily available data on all the public school facilities in

the state;

     (12) Collecting, maintaining, and making publicly available quarterly progress reports of

all ongoing school construction projects that shall include, at a minimum, the costs of the project

and the time schedule of the project;

     (13) Recommending policies and procedures designed to reduce borrowing for school

construction programs at both state and local levels;

     (14) At least every five (5) years, conducting a needs survey to ascertain the capital

construction, reconstruction, maintenance, and other capital needs for schools in each district of the

state, including public charter schools;

     (15) Developing a formal enrollment projection model or using projection models already

available;

     (16) Encouraging local education agencies to investigate opportunities for the maximum

utilization of space in and around the district;

     (17) Collecting and maintaining a clearinghouse of prototypical school plans that may be

consulted by eligible applicants;

     (18) Retaining the services of consultants, as necessary, to effectuate the roles and

responsibilities listed within this section;

     (19) No district shall receive a combined total of more than twenty (20) incentive

percentage points for projects that commence construction by December 30, 2023, and five (5)

incentive points for projects that commence construction thereafter; provided further, these caps

shall be in addition to amounts received under §§ 16-7-40(a)(1) and 16-7-40(a)(2). Furthermore, a

district’s share shall not be decreased by more than half of its regular share irrespective of the

number of incentive points received, nor shall a district’s state share increase by more than half of

its regular share, including amounts received under §§ 16-7-40(a)(1) and 16-7-40(a)(2), irrespective

of the number of incentive points received. Notwithstanding any provision of the general laws to

the contrary, the reimbursement or aid received under this chapter or chapter 38.2 of title 45 shall

not exceed one hundred percent (100%) of the sum of the total project costs plus interest costs. If

a two hundred and fifty million dollar ($250,000,000) general obligation bond is approved on the

November 2018 ballot, projects approved between May 1, 2015, and January 1, 2018, are eligible

to receive incentive points (above and beyond what the project was awarded at the time of approval)

pursuant to § 16-7-39 and § 16-7-40. Provided, however, any project approved during this time

period with a project cost in excess of one million five hundred thousand dollars ($1,500,000),

which does not include an owner’s program manager and a commissioning agent, shall only be

eligible to receive five (5) incentive points. Incentive points awarded pursuant to the provisions of

this subsection shall only be applied to reimbursements occurring on or after July 1, 2018. Any

project approved between May 1, 2015, and January 1, 2018, that is withdrawn and/or resubmitted

for approval shall not be eligible for any incentive points.

     SECTION 7. Section 16-107-6 of the General Laws in Chapter 16-107 entitled "Rhode

Island Promise Scholarship" is hereby amended to read as follows:

     16-107-6. Eligibility for scholarship.

     (a) Beginning with the students who enroll at the community college of Rhode Island in

the fall of 2017, to be considered for the scholarship, a student:

     (1) Must qualify for in-state tuition and fees pursuant to the residency policy adopted by

the council on postsecondary education, as amended, supplemented, restated, or otherwise modified

from time to time (“residency policy”); provided, that, the student must have satisfied the high

school graduation/equivalency diploma condition prior to reaching nineteen (19) years of age;

provided, further, that in addition to the option of meeting the requirement by receiving a high

school equivalency diploma as described in the residency policy, the student can satisfy the

condition by receiving other certificates or documents of equivalent nature from the state or its

municipalities as recognized by applicable regulations promulgated by the council on elementary

and secondary education;

     (2) Must be admitted to, and must enroll and attend the community college of Rhode Island

on a full-time basis by the semester immediately following high school graduation or the semester

immediately following receipt of a high school equivalency diploma;

     (3) Must complete the 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

community college of Rhode Island, by the deadline prescribed by the community college of Rhode

Island for each year in which the student seeks to receive funding under the scholarship program;

     (4) Must continue to be enrolled on a full-time basis;

     (5) Must maintain an average annual cumulative grade point average (GPA) of 2.5 or

greater, as determined by the community college of Rhode Island;

     (6) Must remain on track to graduate on time as determined by the community college of

Rhode Island;

     (7) Must not have already received an award under this scholarship program; and

     (8) Must commit to live, work, or continue their education in Rhode Island after graduation.

     The community college of Rhode Island shall develop a policy that will secure this

commitment from recipient students.

     (b) Notwithstanding the eligibility requirements under subsection (a) of this section

(“specified conditions”):

     (1) In the case of a recipient student who has an approved medical or personal leave of

absence or is unable to satisfy one or more specified conditions because of the student’s medical

or personal circumstances, the student may continue to receive an award under the scholarship

program upon resuming the student’s education so long as the student continues to meet all other

applicable eligibility requirements;

     (2) In the case of a recipient student who is a member of the national guard or a member

of a reserve unit of a branch of the United States military and is unable to satisfy one or more

specified conditions because the student is or will be in basic or special military training, or is or

will be participating in a deployment of the student’s guard or reserve unit, the student may continue

to receive an award under the scholarship program upon completion of the student’s basic or special

military training or deployment; and

     (3) Any student with a disability, otherwise eligible for a scholarship pursuant to the

provisions of this section, as of May 15, 2021, shall be entitled to access this program and shall be

afforded all reasonable accommodations, as required by the ADA and the Rehabilitation Act of

1973, including, but not limited to, enrolling on a part-time basis, attaining a high school

diploma/GED by age twenty-one (21), and taking longer than two (2) years to graduate with an

associate’s degree;

     (4) Any student who enrolled in a postsecondary institution by the semester immediately

following high school graduation or the semester immediately following receipt of a high school

equivalency diploma and remained in the institution for only up to one semester may enroll and

attend the community college of Rhode Island in the semester immediately following and qualify

for the scholarship pursuant to this section; and

     (5) Any student may defer initial enrollment for one semester at the community college of

Rhode Island for the semester immediately following high school graduation or the semester

immediately following receipt of a high school equivalency diploma with an approved written

request and reason and qualifies for the scholarship pursuant to this section.

     SECTION 8. 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 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, 2030 2028, 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.

     (c) The office of management and budget, in consultation with the office of the

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 June 30, 2030 2033. 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 9. Section 44-5-2 of the General Laws in Chapter 44-5 entitled "Levy and

Assessment of Local Taxes" is hereby amended to read as follows:

     44-5-2. Maximum levy.

     (a) Through and including its fiscal year 2007, a city or town may levy a tax in an amount

not more than five and one-half percent (5.5%) in excess of the amount levied and certified by that

city or town for the prior year. Through and including its fiscal year 2007, but in no fiscal year

thereafter, the amount levied by a city or town is deemed to be consistent with the five and one-

half percent (5.5%) levy growth cap if the tax rate is not more than one hundred and five and one-

half percent (105.5%) of the prior year's tax rate and the budget resolution or ordinance, as

applicable, specifies that the tax rate is not increasing by more than five and one-half percent (5.5%)

except as specified in subsection (c) of this section. In all years when a revaluation or update is not

being implemented, a tax rate is deemed to be one hundred five and one-half percent (105.5%) or

less of the prior year's tax rate if the tax on a parcel of real property, the value of which is unchanged

for purpose of taxation, is no more than one hundred five and one-half percent (105.5%) of the

prior year's tax on the same parcel of real property. In any year through and including fiscal year

2007 when a revaluation or update is being implemented, the tax rate is deemed to be one hundred

five and one-half percent (105.5%) of the prior year's tax rate as certified by the division of property

valuation and municipal finance in the department of revenue.

     (b) In its fiscal year 2008, a city or town may levy a tax in an amount not more than five

and one-quarter percent (5.25%) in excess of the total amount levied and certified by that city or

town for its fiscal year 2007. In its fiscal year 2009, a city or town may levy a tax in an amount not

more than five percent (5%) in excess of the total amount levied and certified by that city or town

for its fiscal year 2008. In its fiscal year 2010, a city or town may levy a tax in an amount not more

than four and three-quarters percent (4.75%) in excess of the total amount levied and certified by

that city or town in its fiscal year 2009. In its fiscal year 2011, a city or town may levy a tax in an

amount not more than four and one-half percent (4.5%) in excess of the total amount levied and

certified by that city or town in its fiscal year 2010. In its fiscal year 2012, a city or town may levy

a tax in an amount not more than four and one-quarter percent (4.25%) in excess of the total amount

levied and certified by that city or town in its fiscal year 2011. In its fiscal year 2013 and in each

fiscal year thereafter, a city or town may levy a tax in an amount not more than four percent (4%)

in excess of the total amount levied and certified by that city or town for its previous fiscal year.

For purposes of this levy calculation, taxes levied pursuant to chapters 34 and 34.1 of this title shall

not be included. For FY 2018, in the event that a city or town, solely as a result of the exclusion of

the motor vehicle tax in the new levy calculation, exceeds the property tax cap when compared to

FY 2017 after taking into account that there was a motor vehicle tax in FY 2017, said city or town

shall be permitted to exceed the property tax cap for the FY 2018 transition year, but in no event

shall it exceed the four percent (4%) levy cap growth with the car tax portion included; provided,

however, nothing herein shall prohibit a city or town from exceeding the property tax cap if

otherwise permitted pursuant to subsection (d) of this section.

     (c) The division of property valuation in the department of revenue shall monitor city and

town compliance with this levy cap, issue periodic reports to the general assembly on compliance,

and make recommendations on the continuation or modification of the levy cap on or before

December 31, 1987, December 31, 1990, and December 31, every third year thereafter. The chief

elected official in each city and town shall provide to the division of property and municipal finance

within thirty (30) days of final action, in the form required, the adopted tax levy and rate and other

pertinent information.

     (d) The amount levied by a city or town may exceed the percentage increase as specified

in subsection (a) or (b) of this section if the city or town qualifies under one or more of the following

provisions:

     (1) The city or town forecasts or experiences a loss in total non-property tax revenues and

the loss is certified by the department of revenue.

     (2) The city or town experiences or anticipates an emergency situation, which causes or

will cause the levy to exceed the percentage increase as specified in subsection (a) or (b) of this

section. In the event of an emergency or an anticipated emergency, the city or town shall notify the

auditor general who shall certify the existence or anticipated existence of the emergency. Without

limiting the generality of the foregoing, an emergency shall be deemed to exist when the city or

town experiences or anticipates health insurance costs, retirement contributions, or utility

expenditures that exceed the prior fiscal year's health insurance costs, retirement contributions, or

utility expenditures by a percentage greater than three (3) times the percentage increase as specified

in subsection (a) or (b) of this section.

     (3) A city or town forecasts or experiences debt services expenditures that exceed the prior

year's debt service expenditures by an amount greater than the percentage increase as specified in

subsection (a) or (b) of this section and that are the result of bonded debt issued in a manner

consistent with general law or a special act. In the event of the debt service increase, the city or

town shall notify the department of revenue which shall certify the debt service increase above the

percentage increase as specified in subsection (a) or (b) of this section the prior year's debt service.

No action approving or disapproving exceeding a levy cap under the provisions of this section

affects the requirement to pay obligations as described in subsection (d) of this section.

     (4) The city or town experiences substantial growth in its tax base as the result of major

new construction that necessitates either significant infrastructure or school housing expenditures

by the city or town or a significant increase in the need for essential municipal services and such

increase in expenditures or demand for services is certified by the department of revenue.

     (5) In the city of Providence, for fiscal year 2026, any additional revenue generated from

the Class 2B rate exceeding twenty-eight dollars and eighty cents ($28.80) per one thousand dollars

($1,000) may exceed the maximum levy. For the purposes of this subsection, "Class 2A" and "Class

2B" shall have the same meaning as in § 44-5-11.18(1)(ii).

     (6) Effective for tax assessment dated on or after December 31, 2025, and subject to all

requirements set forth in this section, the taxes levied on new housing units added to the municipal

tax base during a fiscal year may exceed the maximum levy. For the purposes of this subsection,

subject to the qualifying requirements below, new housing units shall include newly constructed

residential properties, meaning single-family homes, two-family homes, single-family attached

structures, multi-family dwellings, mixed-use developments where residential units constitute at

least fifty percent (50%) of the building's total square footage as well as existing buildings

converted into residential housing units qualifying under adaptive reuse in § 45-24-37; provided

such conversions meet all applicable zoning and building code requirements and increase the

municipality's total housing stock. New construction shall also include modular and manufactured

homes. This provision shall apply provided that:

     (i) A city or town has issued over ten (10) certificates of occupancy for new housing units

during the fiscal year in which the exemption is sought; and

     (ii) Such units are part of a development project that includes at least ten percent (10%) of

the units designated as low- or moderate-income housing as defined in §§ 45-53-3 and 42-128-8.1;

and

     (iii) Such units are taxed utilizing the same valuation methods and rates as similar units in

the respective city or town; and

     (iv) The taxes levied on these qualifying new housing units may only exceed the maximum

levy for the fiscal year in which the certificate of occupancy is issued and two (2) fiscal years

thereafter in which the municipality shall phase in the full taxes for these units into the maximum

levy by the fourth fiscal year following the issuance of a certificate of occupancy for the new

housing unit(s).

     (e) Any levy pursuant to subsection (d) of this section in excess of the percentage increase

specified in subsection (a) or (b) of this section shall be approved by the affirmative vote of at least

four-fifths (⅘) of the full membership of the governing body of the city or town, or in the case of a

city or town having a financial town meeting, the majority of the electors present and voting at the

town financial meeting shall also approve the excess levy.

     (f) Nothing contained in this section constrains the payment of present or future obligations

as prescribed by § 45-12-1, and all taxable property in each city or town is subject to taxation

without limitation as to rate or amount to pay general obligation bonds or notes of the city or town

except as otherwise specifically provided by law or charter.

     (g) Notwithstanding anything to the contrary, the town of Little Compton is permitted a

one-year levy cap exemption for fiscal year 2026 not to exceed twelve percent (12%), and subject

to approval by the Little Compton Financial Town Meeting.

     (h) Notwithstanding anything to the contrary, the City of Providence is permitted a one-

year levy cap exemption for fiscal year 2026 not to exceed eight percent (8%).

     (i) Notwithstanding anything to the contrary, the city of Central Falls, in fiscal years 2027

and thereafter, may levy an amount in excess of the percentage increase as specified in subsection

(a) or (b) of this section if it requires additional revenue to fulfill its obligation to contribute the

amount required by § 16-7-23.3 and such need is certified by the department of revenue.

     SECTION 10. Section 45-38.2-2 of the General Laws in Chapter 45-38.2 entitled "School

Building Authority Capital Fund" is hereby amended to read as follows:

     45-38.2-2. School building authority capital fund.

     (a) There is hereby established a school building authority capital fund. The corporation

shall establish and set up on its books the fund, to be held in trust and to be administered by the

corporation as provided in this chapter. This fund shall be in addition to the annual appropriation

for committed expenses related to the repayment of housing aid commitments. The corporation

shall deposit the following monies into the fund:

     (1) The difference between the annual housing aid appropriation and housing aid

commitment amounts appropriated or designated to the corporation by the state for the purposes of

the foundation program for school housing; provided that for FY 2019 and FY 2020 that amount

shall be used for technical assistance to districts pursuant to § 16-105-3(7);

     (2) Loan repayments, bond refinance interest savings, and other payments received by the

corporation pursuant to loan or financing agreements with cities, towns, or local education agencies

executed in accordance with this chapter;

     (3) Investment earnings on amounts credited to the fund;

     (4) Proceeds of bonds of the corporation issued in connection with this chapter to the extent

required by any trust agreement for such bonds;

     (5) Administrative fees levied by the corporation, with respect to financial assistance

rendered under this chapter and specified in § 45-38.2-3(a)(4), less operating expenses;

     (6) Other amounts required by provisions of this chapter or agreement, or any other law or

any trust agreement pertaining to bonds to be credited to the fund; and

     (7) Any other funds permitted by law which the corporation in its discretion shall determine

to credit thereto.

     (b) The corporation shall establish and maintain fiscal controls and accounting procedures

conforming to generally accepted government accounting standards sufficient to ensure proper

accounting for receipts in and disbursements from the school building authority capital fund.

     (c) The school building authority shall establish and maintain internal controls to ensure

that local education agencies are providing adequate asset protection plans, all local education

agencies have equal access and opportunity to address facility improvements on a priority basis,

and to ensure that funding from the school building authority capital fund has the greatest impact

on facility gaps in state priority areas. The school building authority will also manage necessity of

school construction approvals in accordance with the funding levels set forth by the general

assembly.

     SECTION 11. This article shall take effect upon passage, except sections 3, 4, 5, and 6

which shall be effective July 1, 2026 and except Section 10 which shall take effect retroactively as

of July 1, 2025.