CHAPTER 331

94-S 2607B

Approved Jul. 12, 1994.

AN ACT RELATING TO EDUCATION -- HOSPITAL SCHOOL

It is enacted by the General Assembly as follows:

SECTION 1. Section 16-7-20 of the General Laws in Chapter 16-7 entitled "Foundation Level School Support" is hereby amended to read as follows:

{ADD 16-7-20. Determination of state's share. -- ADD} (a) For each community the state's share shall be computed as follows.

Let

R = state share ratio for the community.

v = adjusted equalized weighted assessed valuation for the community, as defined in section 16-7-21(c).

V = sum of the values of v for all communities.

m = average daily membership of pupils in the community as defined in section 16-7-22(c).

M = total average daily membership of pupils in the state.

E = approved reimbursable expenditures for the community for the reference year minus the excess costs of special education, tuitions, federal and state receipts, and other income.

Then the state share entitlement for the community shall be RE where

R = 1-0.5vM/(Vm),

except that in no case shall R be less than {DEL fifteen percent (15%) in fiscal year 1993 and nine DEL} {ADD zero ADD} percent {DEL (9%) DEL} {ADD (0%) ADD} {ADD . ADD} {DEL as set forth in section 16-7-19(E). DEL} This percentage shall be applied to one hundred percent (100%) of all expenditures approved by the board of regents for elementary and secondary education in accordance with currently existing rules and regulations for administering state aid, including but not limited to the setting of appropriate limits for expenditures eligible for reimbursement; provided, however, that the costs of special education required under chapter 24 of this title shall be excluded; and the costs for regional vocational school operation and tuition which are funded in chapter 45 of this title for the reference year 1987-1988 and thereafter, shall be excluded. "Special education costs" shall mean the costs which are in excess of the average per pupil expenditure in average daily membership for the second school year preceding. The average per pupil expenditure in average daily membership of those students receiving special education shall be included in the cost of the basic program for the reference year, as "reference year" is defined in section 16-7-16 of this title , provided, further that expenditures from federal monies in lieu of taxes shall not be counted and, provided further, however, in the case of regional school districts, the state's share shall be increased by {ADD fourteen and seven-tenths percent (14.7%) for 1994-1995 for the Bristol-Warren regional district, and four and eight-tenths percent (4.8%) for 1994-1995 for the Exeter-West Greenwich regional district and for the Foster-Glocester regional district; ADD} {DEL two percent (2%) for each grade so consolidated for the first two (2) years of operation, diminishing thereafter by one-fourth of one percent (1/4%) per grade per year but in no event shall the increased percentage be less than six (6%) percent for 1988-1989, six and one-half percent (6 1/2%) for 1989-1990, seven percent (7%) for 1990-1991, seven and one-half percent (7 1/2%) for 1991-1992 and eight percent (8%) for 1992-1993 and thereafter except that beginning in fiscal year 1993-1994 districts regionalized after July 1, 1993 shall receive this increase only if one (1) of the districts entering into the regionalization agreement is a distressed community based upon criteria established by the commissioner and approved by the board of regents; DEL} provided further that the individual communities in the Chariho regional districts shall each receive the {ADD seven and five-hundredths percent (7.05%) ADD} {DEL applicable increased percentage DEL} for those grades serviced by the regional school district; and provided further, however, that any minor placed in foster care, by a Rhode Island licensed child-placing agency or a Rhode Island governmental agency, with a private family shall be deemed to be a resident of the city or town in which the minor is placed; and it shall be the duty and obligation of the city or town where the minor is placed to provide the minor with the same public education provided all other residents of that city or town and the city or town shall pay the cost of the education of the minor and shall be reimbursed by the state in the same manner as previously described in this section; and provided further, that all exceptional children, as defined in section 16-24-2, including those children whose parents or legal guardian are unknown or whose whereabouts are unknown, and whose education is provided by the department of mental health, retardation, and hospitals pursuant to section 16-24-13, as amended, as of April 2, 1979, shall have all their educational program costs paid for until they complete the school year during which they reach the age of twenty-one (21), from funds appropriated to the department of mental health, retardation, and hospitals by the general assembly; and provided further, that all other school-age children, except those children receiving care and treatment in accordance with chapter 7 of title 40.1, who are placed, assigned, or otherwise accommodated for residence by a Rhode Island state agency in a state-operated or supported community residence licensed by any Rhode Island state agency shall have the cost of their public school education paid for by the city or town wherein the child's residence as determined by section 16-64-1 had been established immediately prior to the child's entry into the state-operated or supported community residence. The cost of the child's education shall be paid to the town where the child's group home or community residence is located and the town making the payment shall be reimbursed by the state in the same manner as previously described in this section, except in the case of handicapped children who are appointed state beneficiaries under chapter 25 of this title, in which case the reimbursement shall be in the manner described in section 16-24-6. Children, except those children receiving care and treatment in accordance with chapter 7 of title 40.1, who are placed, assigned or otherwise accommodated for residence by the department for children and their families in a state-operated or supported community residence licensed by a Rhode Island state agency shall have the cost of their education paid by the department for children and their families. The city or town or state agency responsible for payment shall be responsible for the special education and related services including all procedural safeguards, evaluation, and instruction in accordance with regulations under chapter 24. (b)(1) The calculations in subsection (a) notwithstanding the following formula is to be used to determine the entitlement for each school district for children attending regional vocational-technical schools and the satellites of such schools: Net local cost for area vocational schools-statewide divided by full-time equivalent students in area vocational schools-statewide multiplied by the full-time equivalent students in area vocational schools-district multiplied by the share ratio for the district equals the incentive entitlement.

(2) No school district shall receive for area vocational-technical students more than one hundred percent (100%) of its expenditures in the reference year from a combination of state operations aid and the area vocational-technical school incentive program.

(3) If the sum appropriated by the state for any fiscal year for making payments to the cities and towns under this program is not sufficient to pay in full the total amount which all cities and towns are entitled to receive for such fiscal year, the maximum entitlement which all cities and towns shall receive for the fiscal year shall be ratably reduced.

(4) Expenditure reports shall be submitted to the commissioner in accordance with rules and regulations promulgated by the board of regents. Further, the board of regents shall promulgate rules and regulations which shall include the eligible expenditures, a standardized method for calculating area vocational-technical school tuitions, and other rules and regulations for the purpose of carrying out the intent of this incentive program.

(c) Reimbursement payments as calculated under this section shall be made in twelve (12) monthly installments. The July and August payments shall be two and one-half percent (2-1/2%) and the September through June payments shall each be nine and one-half percent (9-1/2%) of the amount to which each school district is entitled. The calculations for vocational education as set forth in this section shall be used to support students attending area vocational facilities.

The foregoing section relating to entitlement for school districts for children attending regional vocational technical schools shall terminate beginning with reference year 1987-1988.

(d) Notwithstanding the calculations in subsections (a) and (b), the department for children and their families shall be reimbursed one hundred percent (100%) of all approved education expenditures including special education expenditures in the prior fiscal year. The commissioner of elementary and secondaryh education shall promulgate such rules and regulations to carry out the intent of this section.

(e) The department of education shall base reimbursement on one hundred percent (100%) of the expenditures for its state-operated schools in accordance with the reference year provision as defined in section 16-7-16(f). Any funds to supplement the reimbursement shall be appropriated and included in the department budget.

(f) The section shall apply to the School for the Deaf and the Davies Vocational School notwithstanding any provisions of this section to the contrary.

{ADD (g) Whenever any funds are appropriated for educational purposes, the funds shall be used for educational purposes only and all such state funds must be used to supplement any and all monies allocated by a city or town for educational purposes and in no event shall state funds be used to supplant, directly or indirectly, any monies allocated by a city or town for educational purposes. The courts of this state shall enforce this section by writ of mandamus.

(h) Poverty weight. -- The state shall provide forty-six million eighty thousand and four dollars ($46,080,004) each fiscal year to be used exclusively to support services to students eligible for free or reduced price type A lunches. These funds shall be distributed to each district in proportion to the number of such eligible students relative to the total number of students eligible for free and reduced type A lunches statewide. This shall be known as poverty weight aid the legislature hereby directs the commisioner to develop, by August 15, 1994, policies and procedures for the use of these funds and to report annually to the legislature on the effectiveness of these funds. For the purposes of this section, the date as of which eligibility for free or reduced type A lunches shall be determined by October 15 preceding the school year for which the poverty-weight aid is distributed.

(i) Notwithstanding the calculations in subsections (a) and (b), the hospital school at the Hasbro Children's Hospital shall be reimbursed eighty thousand dollars ($80,000) in the fiscal year ending June 30, 1995, and thereafter one hundred percent (100%) of all expenditures approved by the board of regents for elementary and secondary education in accordance with currently existing rules and regulations for administering state aid, and subject to annual appropriations by the general assembly including but not limited to expenditures for educational personnel, supplies and materials in the prior fiscal year. ADD}

SECTION 2. This act shall take effect upon passage.


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