Rhode Island 2023 Regular Session

Rhode Island House Bill H5389 Latest Draft

Bill / Introduced Version Filed 02/03/2023

                             
 
 
 
2023 -- H 5389 
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LC001037 
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S TATE  OF RHODE IS LAND 
IN GENERAL ASSEMBLY 
JANUARY SESSION, A.D. 2023 
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A N   A C T 
RELATING TO EDUCATION -- THE EDUCATION EQUITY AND PROPERTY TAX 
RELIEF ACT 
Introduced By: Representatives Felix, Tanzi, J. Lombardi, Henries, Morales, Cruz, 
Kislak, Batista, and Cotter 
Date Introduced: February 03, 2023 
Referred To: House Finance 
 
 
It is enacted by the General Assembly as follows: 
SECTION 1. Section 16-7.2-6 of the General Laws in Chapter 16-7.2 entitled "The 1 
Education Equity and Property Tax Relief Act" is hereby amended to read as follows: 2 
16-7.2-6. Categorical programs, state funded expenses. 3 
In addition to the foundation education aid provided pursuant to § 16-7.2-3, the permanent 4 
foundation education-aid program shall provide direct state funding for: 5 
(a) Excess costs associated with special education students. Excess costs are defined when 6 
an individual special education student’s cost shall be deemed to be “extraordinary.” Extraordinary 7 
costs are those educational costs that exceed the state-approved threshold based on an amount 8 
above five times the core foundation amount (total of core-instruction amount plus student success 9 
amount). The department of elementary and secondary education ("the department") shall prorate 10 
the funds available for distribution among those eligible school districts if the total approved costs 11 
for which school districts are seeking reimbursement exceed the amount of funding appropriated 12 
in any fiscal year; and the department of elementary and secondary education shall also collect data 13 
on those educational costs that exceed the state-approved threshold based on an amount above two 14 
(2), three (3), and four (4) times the core-foundation amount; 15 
(b) Career and technical education costs to help meet initial investment requirements 16 
needed to transform existing, or create new, comprehensive, career and technical education 17 
programs and career pathways in critical and emerging industries and to help offset the higher-18   
 
 
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than-average costs associated with facilities, equipment maintenance and repair, and supplies 1 
necessary for maintaining the quality of highly specialized programs that are a priority for the state. 2 
The department shall develop criteria for the purpose of allocating any and all career and technical 3 
education funds as may be determined by the general assembly on an annual basis. The department 4 
of elementary and secondary education shall prorate the funds available for distribution among 5 
those eligible school districts if the total approved costs for which school districts are seeking 6 
reimbursement exceed the amount of funding available in any fiscal year; 7 
(c) Programs to increase access to voluntary, free, high-quality pre-kindergarten programs. 8 
The department shall recommend criteria for the purpose of allocating any and all early childhood 9 
program funds as may be determined by the general assembly; 10 
(d) Central Falls, Davies, and the Met Center Stabilization Fund is established to ensure 11 
that appropriate funding is available to support their students. Additional support for Central Falls 12 
is needed due to concerns regarding the city’s capacity to meet the local share of education costs. 13 
This fund requires that education aid calculated pursuant to § 16-7.2-3 and funding for costs outside 14 
the permanent foundation education-aid formula, including, but not limited to, transportation, 15 
facility maintenance, and retiree health benefits shall be shared between the state and the city of 16 
Central Falls. The fund shall be annually reviewed to determine the amount of the state and city 17 
appropriation. The state’s share of this fund may be supported through a reallocation of current 18 
state appropriations to the Central Falls school district. At the end of the transition period defined 19 
in § 16-7.2-7, the municipality will continue its contribution pursuant to § 16-7-24. Additional 20 
support for the Davies and the Met Center is needed due to the costs associated with running a 21 
stand-alone high school offering both academic and career and technical coursework. The 22 
department shall recommend criteria for the purpose of allocating any and all stabilization funds as 23 
may be determined by the general assembly; 24 
(e) Excess costs associated with transporting students to out-of-district non-public schools. 25 
This fund will provide state funding for the costs associated with transporting students to out-of-26 
district non-public schools, pursuant to chapter 21.1 of this title. The state will assume the costs of 27 
non-public out-of-district transportation for those districts participating in the statewide system. 28 
The department of elementary and secondary education shall prorate the funds available for 29 
distribution among those eligible school districts if the total approved costs for which school 30 
districts are seeking reimbursement exceed the amount of funding available in any fiscal year; 31 
(f) Excess costs associated with transporting students within regional school districts. This 32 
fund will provide direct state funding for the excess costs associated with transporting students 33 
within regional school districts, established pursuant to chapter 3 of this title. This fund requires 34   
 
 
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that the state and regional school district share equally the student transportation costs net any 1 
federal sources of revenue for these expenditures. The department of elementary and secondary 2 
education shall prorate the funds available for distribution among those eligible school districts if 3 
the total approved costs for which school districts are seeking reimbursement exceed the amount 4 
of funding available in any fiscal year; 5 
(g) Public school districts that are regionalized shall be eligible for a regionalization bonus 6 
as set forth below: 7 
(1) As used herein, the term “regionalized” shall be deemed to refer to a regional school 8 
district established under the provisions of chapter 3 of this title, including the Chariho Regional 9 
School district; 10 
(2) For those districts that are regionalized as of July 1, 2010, the regionalization bonus 11 
shall commence in FY 2012. For those districts that regionalize after July 1, 2010, the 12 
regionalization bonus shall commence in the first fiscal year following the establishment of a 13 
regionalized school district as set forth in chapter 3 of this title, including the Chariho Regional 14 
School District; 15 
(3) The regionalization bonus in the first fiscal year shall be two percent (2.0%) of the 16 
state’s share of the foundation education aid for the regionalized district as calculated pursuant to 17 
§§ 16-7.2-3 and 16-7.2-4 in that fiscal year; 18 
(4) The regionalization bonus in the second fiscal year shall be one percent (1.0%) of the 19 
state’s share of the foundation education aid for the regionalized district as calculated pursuant to 20 
§§ 16-7.2-3 and 16-7.2-4 in that fiscal year; 21 
(5) The regionalization bonus shall cease in the third fiscal year; 22 
(6) The regionalization bonus for the Chariho regional school district shall be applied to 23 
the state share of the permanent foundation education aid for the member towns; and 24 
(7) The department of elementary and secondary education shall prorate the funds available 25 
for distribution among those eligible regionalized school districts if the total, approved costs for 26 
which regionalized school districts are seeking a regionalization bonus exceed the amount of 27 
funding appropriated in any fiscal year; 28 
(h) Additional state support for English learners (EL). The amount to support EL students 29 
shall be determined by multiplying an EL factor of ten percent (10%) by the core-instruction per-30 
pupil amount defined in § 16-7.2-3(a)(1) and applying that amount of additional state support to 31 
EL students identified using widely adopted, independent standards and assessments identified by 32 
the commissioner. All categorical funds distributed pursuant to this subsection must be used to 33 
provide high-quality, research-based services to EL students and managed in accordance with 34   
 
 
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requirements set forth by the commissioner of elementary and secondary education. The 1 
department of elementary and secondary education shall collect performance reports from districts 2 
and approve the use of funds prior to expenditure. The department of elementary and secondary 3 
education shall ensure the funds are aligned to activities that are innovative and expansive and not 4 
utilized for activities the district is currently funding. The department of elementary and secondary 5 
education shall prorate the funds available for distribution among eligible recipients if the total 6 
calculated costs exceed the amount of funding available in any fiscal year; 7 
(i) State support for school resource officers. For purposes of this subsection, a school 8 
resource officer (SRO) shall be defined as a career law enforcement officer with sworn authority 9 
who is deployed by an employing police department or agency in a community-oriented policing 10 
assignment to work in collaboration with one or more schools. School resource officers should have 11 
completed at least forty (40) hours of specialized training in school policing, administered by an 12 
accredited agency, before being assigned. Beginning in FY 2019, for a period of three (3) years, 13 
school districts or municipalities that choose to employ school resource officers shall receive direct 14 
state support for costs associated with employing such officers at public middle and high schools. 15 
Districts or municipalities shall be reimbursed an amount equal to one-half (½) of the cost of 16 
salaries and benefits for the qualifying positions. Funding will be provided for school resource 17 
officer positions established on or after July 1, 2018, provided that: 18 
(1) Each school resource officer shall be assigned to one school: 19 
(i) Schools with enrollments below one thousand twelve two hundred (1,200) students shall 20 
require one school resource officer; 21 
(ii) Schools with enrollments of one thousand twelve two hundred (1,200) or more students 22 
shall require two school resource officers; 23 
(2) School resource officers hired in excess of the requirement noted above shall not be 24 
eligible for reimbursement; and 25 
(3) Schools that eliminate existing school resource officer positions and create new 26 
positions under this provision shall not be eligible for reimbursement; and 27 
(j) Categorical programs defined in subsections (a) through (g) shall be funded pursuant to 28 
the transition plan in § 16-7.2-7. 29 
(k) State support for site-based reading specialists. For the purposes of this section, the 30 
term “reading specialists” shall be defined by the Rhode Island teacher certification regulations. 31 
Local education agencies (LEAs) that choose to hire new reading specialists shall receive direct 32 
state support for a period of three (3) years after the date the specialist was hired. After accounting 33 
for any federal funds or federal, state, or local grants received toward the costs associated with such 34   
 
 
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a position, the state shall reimburse LEAs an amount equal to one-half (1/2) of the cost of salaries 1 
and benefits that remain the LEA’s responsibility.  2 
(1) To receive the state reimbursement, reading specialists shall be hired to achieve the 3 
following ratios:  4 
(i) Schools with enrollments of up to five hundred (500) students shall require one reading 5 
specialist.  6 
(ii) Schools with enrollments of five hundred one (501) students to one thousand (1,000) 7 
students shall require two (2) reading specialists.  8 
(iii) Schools with enrollments greater than one thousand (1,000) students shall require three 9 
(3) reading specialists. 10 
(2) LEAs shall not be eligible to receive reimbursement for hiring reading specialists that 11 
would result in ratios lower than those identified in subsection (k)(1) of this section, unless the LEA 12 
provides a workload analysis to the department indicating that additional reading specialists are 13 
required to deliver all specified services to students in a particular school or schools. 14 
(3) Schools or LEAs that eliminate existing reading specialist positions and create new 15 
positions under this provision shall not be eligible for reimbursement. 16 
(4) Schools within the same LEA may share a reading specialist; provided, that the student-17 
to-specialist ratios between the sharing schools does not exceed those in subsection (k)(1) of this 18 
section. 19 
(l) State support for site-based mathematics specialists. For the purposes of this section, 20 
the term “mathematics specialists” shall be defined by the Rhode Island teacher certification 21 
regulations. Local education agencies (LEAs) that choose to hire new mathematics specialists shall 22 
receive direct state support for a period of three (3) years after the date the specialist was hired. 23 
After accounting for any federal funds or federal, state, or local grants received toward the costs 24 
associated with such a position, the state shall reimburse LEAs an amount equal to one-half (1/2) 25 
of the cost of salaries and benefits that remain the LEA’s responsibility.  26 
(1) To receive the state reimbursement, mathematics specialists shall be hired to achieve 27 
the following ratios:  28 
(i) Schools with enrollments of up to five hundred (500) students shall require one 29 
mathematics specialist.  30 
(ii) Schools with enrollments of five hundred one (501) students to one thousand (1,000) 31 
students shall require two (2) mathematics specialists.  32 
(iii) Schools with enrollments greater than one thousand (1,000) students shall require three 33 
(3) mathematics specialists. 34   
 
 
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(2) LEAs shall not be eligible to receive reimbursement for hiring mathematics specialists 1 
that would result in ratios lower than those identified in subsection (k)(1) of this section, unless the 2 
LEA provides a workload analysis to the department indicating that additional mathematics 3 
specialists are required to deliver all specified services to students in a particular school or schools. 4 
(3) Schools or LEAs that eliminate existing mathematics specialist positions and create 5 
new positions under this provision shall not be eligible for reimbursement. 6 
(4) Schools within the same LEA may share a mathematics specialist; provided, that the 7 
student-to-specialist ratios between the sharing schools does not exceed those in subsection (k)(1) 8 
of this section. 9 
SECTION 2. This act shall take effect upon passage. 10 
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LC001037 
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EXPLANATION 
BY THE LEGISLATIVE COUNCIL 
OF 
A N   A C T 
RELATING TO EDUCATION -- THE EDUCATION EQUITY AND PROPERTY TAX 
RELIEF ACT 
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This act would provide local education agencies (LEAs) hiring site-based specialists for 1 
reading and math to receive state reimbursement based on enrollment and specific guidelines. 2 
This act would take effect upon passage. 3 
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LC001037 
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