2023 -- H 6112
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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 Casey, Phillips, and J. Brien
Date Introduced: March 03, 2023
Referred To: House Finance
It is enacted by the General Assembly as follows:
SECTION 1. Section 16-7.2-3 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
16-7.2-3. Permanent foundation education aid established. 3
(a) Beginning in the 2012 fiscal year, the following foundation education-aid formula shall 4
take effect. The foundation education aid for each district shall be the sum of the core instruction 5
amount in subdivision (a)(1) and the amount to support high-need students in subdivision (a)(2), 6
which shall be multiplied by the district state-share ratio calculated pursuant to § 16-7.2-4 to 7
determine the foundation aid. 8
(1) The core-instruction amount shall be an amount equal to a statewide, per-pupil core-9
instruction amount as established by the department of elementary and secondary education, 10
derived from the average of northeast regional expenditure data for the states of Rhode Island, 11
Massachusetts, Connecticut, and New Hampshire from the National Center for Education Statistics 12
(NCES) that will adequately fund the student instructional needs as described in the basic education 13
program and multiplied by the district average daily membership as defined in § 16-7-22. 14
Expenditure data in the following categories: instruction and support services for students, 15
instruction, general administration, school administration, and other support services from the 16
National Public Education Financial Survey, as published by NCES, and enrollment data from the 17
Common Core of Data, also published by NCES, will be used when determining the core-18
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instruction amount. The core-instruction amount will be updated annually. For the purpose of 1
calculating this formula, school districts’ resident average daily membership shall exclude charter 2
school and state-operated school students. 3
(2) The amount to support high-need students beyond the core-instruction amount shall be 4
determined by multiplying a student success factor of forty percent (40%) forty-five percent (45%) 5
by the core instruction per-pupil amount described in subdivision (a)(1) and applying that amount 6
for each resident child whose family income is at or below one hundred eighty-five percent (185%) 7
of federal poverty guidelines, hereinafter referred to as “poverty status.” By October 1, 2022, as 8
part of its budget submission pursuant to § 35-3-4 relative to state fiscal year 2024 and thereafter, 9
the department of elementary and secondary education shall develop and utilize a poverty measure 10
that in the department’s assessment most accurately serves as a proxy for the poverty status 11
referenced in this subsection and does not rely on the administration of school nutrition programs. 12
The department shall utilize this measure in calculations pursuant to this subsection related to the 13
application of the student success factor, in calculations pursuant to § 16-7.2-4 related to the 14
calculation of the state share ratio, and in the formulation of estimates pursuant to subsection (b) 15
below. The department may also include any recommendations which seek to mitigate any 16
disruptions associated with the implementation of this new poverty measure or improve the 17
accuracy of its calculation. 18
(3) In local education agencies, when over forty-five percent (45%) of resident children are 19
classified as "poverty status," the student success factor will be fifty percent (50%) by the core 20
instruction per-pupil amount described in subsection (a)(1) of this section and applying that amount 21
for each resident child whose family income is at or below one hundred eight-five percent (185%) 22
of federal poverty guidelines. 23
(b) The department of elementary and secondary education shall provide an estimate of the 24
foundation education aid cost as part of its budget submission pursuant to § 35-3-4. The estimate 25
shall include the most recent data available as well as an adjustment for average daily membership 26
growth or decline based on the prior year experience. 27
(c) In addition, the department shall report updated figures based on the average daily 28
membership as of October 1 by December 1. 29
(d) Local education agencies may set aside a portion of funds received under subsection 30
(a) to expand learning opportunities such as after school and summer programs, full-day 31
kindergarten and/or multiple pathway programs, provided that the basic education program and all 32
other approved programs required in law are funded. 33
(e) The department of elementary and secondary education shall promulgate such 34
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regulations as are necessary to implement fully the purposes of this chapter. 1
SECTION 2. This act shall take effect upon passage. 2
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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 that in local educational agencies when over forty-five percent 1
(45%) of the children have a family income that is at or below one hundred eighty-five percent 2
(185%) of federal poverty guidelines then the student success factor will be fifty percent (50%) by 3
the core instruction per-pupil amount. 4
This act would take effect upon passage. 5
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