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5 | 5 | | 2023 -- H 6113 |
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6 | 6 | | ======== |
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7 | 7 | | LC002196 |
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8 | 8 | | ======== |
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9 | 9 | | S TATE OF RHODE IS LAND |
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10 | 10 | | IN GENERAL ASSEMBLY |
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11 | 11 | | JANUARY SESSION, A.D. 2023 |
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12 | 12 | | ____________ |
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13 | 13 | | |
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14 | 14 | | A N A C T |
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15 | 15 | | RELATING TO EDUCATION -- THE EDUCATION EQUITY AND PROPERTY TAX |
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16 | 16 | | RELIEF ACT |
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17 | 17 | | Introduced By: Representatives Shanley, Donovan, Solomon, and Caldwell |
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18 | 18 | | Date Introduced: March 03, 2023 |
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19 | 19 | | Referred To: House Finance |
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20 | 20 | | |
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21 | 21 | | |
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22 | 22 | | It is enacted by the General Assembly as follows: |
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23 | 23 | | SECTION 1. Section 16-7.2-3 of the General Laws in Chapter 16-7.2 entitled "The 1 |
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24 | 24 | | Education Equity and Property Tax Relief Act" is hereby amended to read as follows: 2 |
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25 | 25 | | 16-7.2-3. Permanent foundation education aid established. 3 |
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26 | 26 | | (a) Beginning in the 2012 fiscal year, the following foundation education-aid formula shall 4 |
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27 | 27 | | take effect. The foundation education aid for each district shall be the sum of the core instruction 5 |
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28 | 28 | | amount in subdivision (a)(1) and the amount to support high-need students in subdivision (a)(2), 6 |
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29 | 29 | | which shall be multiplied by the district state-share ratio calculated pursuant to § 16-7.2-4 to 7 |
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30 | 30 | | determine the foundation aid. 8 |
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31 | 31 | | (1) The core-instruction amount shall be an amount equal to a statewide, per-pupil core-9 |
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32 | 32 | | instruction amount as established by the department of elementary and secondary education, 10 |
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33 | 33 | | derived from the average of northeast regional expenditure data for the states of Rhode Island, 11 |
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34 | 34 | | Massachusetts, Connecticut, and New Hampshire from the National Center for Education Statistics 12 |
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35 | 35 | | (NCES) that will adequately fund the student instructional needs as described in the basic education 13 |
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36 | 36 | | program and multiplied by the district average daily membership as defined in § 16-7-22. 14 |
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37 | 37 | | Expenditure data in the following categories: instruction and support services for students, 15 |
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38 | 38 | | instruction, general administration, school administration, and other support services from the 16 |
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39 | 39 | | National Public Education Financial Survey, as published by NCES, and enrollment data from the 17 |
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40 | 40 | | Common Core of Data, also published by NCES, will be used when determining the core-18 |
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41 | 41 | | |
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42 | 42 | | |
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43 | 43 | | LC002196 - Page 2 of 4 |
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44 | 44 | | instruction amount. The core-instruction amount will be updated annually. For the purpose of 1 |
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45 | 45 | | calculating this formula, school districts’ resident average daily membership shall exclude charter 2 |
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46 | 46 | | school and state-operated school students. 3 |
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47 | 47 | | (2) The amount to support high-need students beyond the core-instruction amount shall be 4 |
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48 | 48 | | determined by multiplying a student success factor of forty percent (40%) by the core instruction 5 |
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49 | 49 | | per-pupil amount described in subdivision (a)(1) and applying that amount for each resident child 6 |
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50 | 50 | | whose family income is at or below one hundred eighty-five percent (185%) of federal poverty 7 |
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51 | 51 | | guidelines, hereinafter referred to as “poverty status.” By October 1, 2022, as part of its budget 8 |
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52 | 52 | | submission pursuant to § 35-3-4 relative to state fiscal year 2024 and thereafter, the department of 9 |
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53 | 53 | | elementary and secondary education shall develop and utilize a poverty measure that in the 10 |
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54 | 54 | | department’s assessment most accurately serves as a proxy for the poverty status referenced in this 11 |
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55 | 55 | | subsection and does not rely on the administration of school nutrition programs. The department 12 |
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56 | 56 | | shall utilize this measure in calculations pursuant to this subsection related to the application of the 13 |
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57 | 57 | | student success factor, in calculations pursuant to § 16-7.2-4 related to the calculation of the state 14 |
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58 | 58 | | share ratio, and in the formulation of estimates pursuant to subsection (b) below. The department 15 |
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59 | 59 | | may also include any recommendations which seek to mitigate any disruptions associated with the 16 |
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60 | 60 | | implementation of this new poverty measure or improve the accuracy of its calculation. Provided, 17 |
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61 | 61 | | effective July 1, 2023, excess costs associated with special education students shall also be included 18 |
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62 | 62 | | in calculating direct state aid funding provided to school districts as part of the permanent 19 |
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63 | 63 | | foundation education-aid program. As used herein, the term “excess costs associated with special 20 |
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64 | 64 | | education students” includes both expenses deemed to be “extraordinary” pursuant to §16-7.2-6(a), 21 |
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65 | 65 | | as well as the additional costs incurred by a school district to educate a student determined to have 22 |
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66 | 66 | | a mild to moderate intellectual disability which costs are above the cost to educate a student who 23 |
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67 | 67 | | is not identified with a mild to moderate intellectual disability. 24 |
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68 | 68 | | (b) The department of elementary and secondary education shall provide an estimate of the 25 |
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69 | 69 | | foundation education aid cost as part of its budget submission pursuant to § 35-3-4. The estimate 26 |
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70 | 70 | | shall include the most recent data available as well as an adjustment for average daily membership 27 |
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71 | 71 | | growth or decline based on the prior year experience. 28 |
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72 | 72 | | (c) In addition, the department shall report updated figures based on the average daily 29 |
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73 | 73 | | membership as of October 1 by December 1. 30 |
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74 | 74 | | (d) Local education agencies may set aside a portion of funds received under subsection 31 |
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75 | 75 | | (a) to expand learning opportunities such as after school and summer programs, full-day 32 |
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76 | 76 | | kindergarten and/or multiple pathway programs, provided that the basic education program and all 33 |
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77 | 77 | | other approved programs required in law are funded. 34 |
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79 | 79 | | |
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80 | 80 | | LC002196 - Page 3 of 4 |
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81 | 81 | | (e) The department of elementary and secondary education shall promulgate such 1 |
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82 | 82 | | regulations as are necessary to implement fully the purposes of this chapter. 2 |
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83 | 83 | | SECTION 2. This act shall take effect upon passage. 3 |
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84 | 84 | | ======== |
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85 | 85 | | LC002196 |
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87 | 87 | | |
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88 | 88 | | |
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89 | 89 | | LC002196 - Page 4 of 4 |
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90 | 90 | | EXPLANATION |
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91 | 91 | | BY THE LEGISLATIVE COUNCIL |
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92 | 92 | | OF |
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93 | 93 | | A N A C T |
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94 | 94 | | RELATING TO EDUCATION -- THE EDUCATION EQUITY AND PROPERTY TAX |
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95 | 95 | | RELIEF ACT |
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96 | 96 | | *** |
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97 | 97 | | This act would include the costs of educating students with intellectual disabilities in 1 |
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98 | 98 | | calculating direct state aid funding from the permanent foundation education-aid program. 2 |
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99 | 99 | | This act would take effect upon passage. 3 |
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100 | 100 | | ======== |
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101 | 101 | | LC002196 |
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