2023 -- H 6358
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LC002902
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S T A T E O F R H O D E I S L A N D
IN GENERAL ASSEMBLY
JANUARY SESSION, A.D. 2023
____________
A N A C T
RELATING TO EDUCATION -- STATE DEPARTMENT OF ELEMENTARY AND
SECONDARY EDUCATION
Introduced By: Representatives Craven, Caldwell, McGaw, Corvese, Casey, McNamara,
Solomon, and Edwards
Date Introduced: May 03, 2023
Referred To: House Finance
It is enacted by the General Assembly as follows:
SECTION 1. Section 16-1-5 of the General Laws in Chapter 16-1 entitled "State 1
Department of Elementary and Secondary Education [See Title 16 Chapter 97 — The Rhode Island 2
Board of Education Act]" is hereby amended to read as follows: 3
16-1-5. Duties of commissioner of elementary and secondary education. 4
It shall be the duty of the commissioner of elementary and secondary education: 5
(1) To carry out the policies and program formulated by the council on elementary and 6
secondary education. 7
(2) To evaluate credentials of applicants for certificates, to verify that the certification of 8
teachers is in accordance with law and established standards, and to issue certificates at the direction 9
of the board. 10
(3) To certify the approval of accredited schools. 11
(4) To recommend to the board an outline of the subjects and courses of study and the 12
instructional standards for elementary and secondary schools. 13
(5) To approve the distribution of state school funds in accordance with law and the 14
regulations of the board. 15
(6) To verify that school sites and school building plans are in accordance with law and 16
regulations. 17
(7) To exercise supervision over school libraries and library services. 18
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(8) To certify that school bus routes and schedules and all contracts for pupil transportation 1
conform with provisions of law and the rules and regulations of the board. 2
(9) To require the observance of all laws relating to schools and education. 3
(10) To interpret school law and to decide such controversies as may be appealed to the 4
commissioner from decisions of local school committees. 5
(11) To prepare and recommend standard forms for the use of local schools. 6
(12)(i) To prepare, with the assistance of the department of administration, manuals of 7
uniform budgetary and standard financial records and procedures for local school officers. The 8
board of regents shall adopt uniform local school budgeting procedures no later than July 1, 1989, 9
and those procedures should include, at a minimum, the following: 10
(A) Provision for uniform classification of revenues and expenditures; 11
(B) Requirements of detailed expenditure estimates and a table of organization including 12
the proposed staffing of each school; 13
(C) Estimates of receipts and expenditures for the last two (2) completed fiscal years, the 14
current and ensuing fiscal years; and 15
(ii) To carry out the purpose of this subsection a sum of ten thousand dollars ($10,000) not 16
otherwise appropriated shall be included in the appropriation made to support the department of 17
elementary and secondary education. 18
(13) To receive general supervision from the council on elementary and secondary 19
education and to appoint the several officers and employees of the department subject to the 20
provisions of the state merit system act, chapters 3 and 4 of title 36. 21
(14) To establish health education, alcohol and substance abuse programs for students in 22
grades kindergarten (K) through twelve (12), in accordance with § 35-4-18. The program will 23
consist of the following: A mandated state health education, alcohol and substance abuse 24
curriculum for grades kindergarten (K) through twelve (12), a mandated assessment program in the 25
areas of health, fitness, alcohol and substance abuse, and an in-service training program that will 26
be developed specifically for the implementation of the mandated curriculum. 27
(15)(i) To appoint a three-member (3) committee for the purpose of choosing a “teacher of 28
the year” among teachers in public school grades kindergarten (K) through twelve (12). The 29
“teacher of the year” shall receive an award of one thousand dollars ($1,000). 30
(ii) It is the intent of the general assembly that the funds necessary to carry out the 31
provisions of this subdivision shall be provided within the annual appropriations act. 32
(16) To institute a process to review, revise, and adopt statewide academic standards that 33
align with state assessments for the core subjects of mathematics, English language arts, science 34
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and technology, history and social studies, world languages, and the arts. 1
(17) To institute a process for adapting, adopting, and developing curriculum frameworks 2
for mathematics, English language arts, science and technology, history and social studies, world 3
languages, and the arts covered by the academic standards. 4
(18) To institute a process for reviewing and identifying high-quality curriculum and 5
materials in mathematics, English language arts, and science and technology. 6
(19) To prepare each year a plan for providing statewide assistance in the preparation and 7
implementation of professional development plans. 8
(20) To assign two (2) individuals within the department to be tasked exclusively to work 9
on career and technical education (CTE). One individual shall be exclusively responsible for 10
increasing CTE enrollment and supporting the creation of new CTE programs. One individual shall 11
be exclusively responsible for implementing and supporting employer outreach programs and the 12
expansion of existing programs to align with current and future employers' needs. 13
SECTION 2. Section 16-7.2-6 of the General Laws in Chapter 16-7.2 entitled "The 14
Education Equity and Property Tax Relief Act" is hereby amended to read as follows: 15
16-7.2-6. Categorical programs, state funded expenses. 16
In addition to the foundation education aid provided pursuant to § 16-7.2-3, the permanent 17
foundation education-aid program shall provide direct state funding for: 18
(a) Excess costs associated with special education students. Excess costs are defined when 19
an individual special education student’s cost shall be deemed to be “extraordinary.” Extraordinary 20
costs are those educational costs that exceed the state-approved threshold based on an amount 21
above five times the core foundation amount (total of core-instruction amount plus student success 22
amount). The department of elementary and secondary education shall prorate the funds available 23
for distribution among those eligible school districts if the total approved costs for which school 24
districts are seeking reimbursement exceed the amount of funding appropriated in any fiscal year; 25
and the department of elementary and secondary education shall also collect data on those 26
educational costs that exceed the state-approved threshold based on an amount above two (2), three 27
(3), and four (4) times the core-foundation amount; 28
(b) Career and technical education ("CTE") costs to help meet initial investment 29
requirements needed to transform existing, or create new, comprehensive, career and technical 30
education programs and career pathways in critical and emerging industries and to help offset the 31
higher-than-average costs associated with facilities, equipment maintenance and repair, and 32
supplies necessary for maintaining the quality of highly specialized programs that are a priority for 33
the state. The department shall develop criteria for the purpose of allocating any and all career and 34
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technical education funds as may be determined by the general assembly on an annual basis. The 1
department of elementary and secondary education shall prorate the funds available for distribution 2
among those eligible school districts if the total approved costs for which school districts are 3
seeking reimbursement exceed the amount of funding available in any fiscal year; provided, 4
however, that funding at a minimum shall include: 5
(1) For the fiscal year beginning July 1, 2023, and for each fiscal year thereafter, the 6
categorical funding provided pursuant to the provisions of § 16-7.2-6(b) shall be increased by a 7
minimum of one hundred percent (100%) over the funding provided in the fiscal year ending June 8
30, 2023. The increased funding shall be used exclusively for the establishment of new programs 9
to develop and promote high-wage, high-growth and high-demand jobs to support or enhance the 10
state's economy. Allocation of the increased funding shall be subject to approval of the 11
commissioner of elementary and secondary education ("commissioner") after consultation with the 12
board established pursuant to § 16-53-1; 13
(2) For the fiscal year beginning July 1, 2023, and each fiscal year thereafter, funding shall 14
include two million dollars ($2,000,000) specifically for infrastructure, equipment and tools for 15
new approved CTE programs to be implemented in the fiscal year. The allocation of funding shall 16
be approved and implemented by the commissioner pursuant to a request for proposal (RFP) 17
process pursuant to the provisions of chapter 2 of title 37; 18
(3) For the fiscal year beginning July 1, 2023, and each fiscal year thereafter, funding shall 19
include two million dollars ($2,000,000) specifically for new middle school CTE elective and/or 20
exploratory programs. The allocation of funding shall be approved and implemented by the 21
commissioner pursuant to an RFP process pursuant to the provisions of chapter 2 of title 37; 22
(4) For the fiscal year beginning July 1, 2023, two (2) new advanced manufacturing centers 23
shall be established. One advanced manufacturing center shall be established in the east bay region 24
of the state and the other shall be located in Washington county. The commissioner, after 25
consultation with the board established pursuant to § 16-53-1, shall determine the location of the 26
centers. Prior to establishment of the centers or the selection of a location, an RFP grant application 27
process shall be utilized and a primary consideration for selection shall be prospective employer 28
demand and needs; and 29
(5) Any funds appropriated but unutilized in the appropriated fiscal year shall be retained, 30
carried forward and used in subsequent fiscal years; 31
(c) Programs to increase access to voluntary, free, high-quality pre-kindergarten programs. 32
The department shall recommend criteria for the purpose of allocating any and all early childhood 33
program funds as may be determined by the general assembly; 34
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(d) Central Falls, Davies, and the Met Center Stabilization Fund is established to ensure 1
that appropriate funding is available to support their students. Additional support for Central Falls 2
is needed due to concerns regarding the city’s capacity to meet the local share of education costs. 3
This fund requires that education aid calculated pursuant to § 16-7.2-3 and funding for costs outside 4
the permanent foundation education-aid formula, including, but not limited to, transportation, 5
facility maintenance, and retiree health benefits shall be shared between the state and the city of 6
Central Falls. The fund shall be annually reviewed to determine the amount of the state and city 7
appropriation. The state’s share of this fund may be supported through a reallocation of current 8
state appropriations to the Central Falls school district. At the end of the transition period defined 9
in § 16-7.2-7, the municipality will continue its contribution pursuant to § 16-7-24. Additional 10
support for the Davies and the Met Center is needed due to the costs associated with running a 11
stand-alone high school offering both academic and career and technical coursework. The 12
department shall recommend criteria for the purpose of allocating any and all stabilization funds as 13
may be determined by the general assembly; 14
(e) Excess costs associated with transporting students to out-of-district non-public schools. 15
This fund will provide state funding for the costs associated with transporting students to out-of-16
district non-public schools, pursuant to chapter 21.1 of this title. The state will assume the costs of 17
non-public out-of-district transportation for those districts participating in the statewide system. 18
The department of elementary and secondary education shall prorate the funds available for 19
distribution among those eligible school districts if the total approved costs for which school 20
districts are seeking reimbursement exceed the amount of funding available in any fiscal year; 21
(f) Excess costs associated with transporting students within regional school districts. This 22
fund will provide direct state funding for the excess costs associated with transporting students 23
within regional school districts, established pursuant to chapter 3 of this title. This fund requires 24
that the state and regional school district share equally the student transportation costs net any 25
federal sources of revenue for these expenditures. The department of elementary and secondary 26
education shall prorate the funds available for distribution among those eligible school districts if 27
the total approved costs for which school districts are seeking reimbursement exceed the amount 28
of funding available in any fiscal year; 29
(g) Public school districts that are regionalized shall be eligible for a regionalization bonus 30
as set forth below: 31
(1) As used herein, the term “regionalized” shall be deemed to refer to a regional school 32
district established under the provisions of chapter 3 of this title, including the Chariho Regional 33
School district; 34
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(2) For those districts that are regionalized as of July 1, 2010, the regionalization bonus 1
shall commence in FY 2012. For those districts that regionalize after July 1, 2010, the 2
regionalization bonus shall commence in the first fiscal year following the establishment of a 3
regionalized school district as set forth in chapter 3 of this title, including the Chariho Regional 4
School District; 5
(3) The regionalization bonus in the first fiscal year shall be two percent (2.0%) of the 6
state’s share of the foundation education aid for the regionalized district as calculated pursuant to 7
§§ 16-7.2-3 and 16-7.2-4 in that fiscal year; 8
(4) The regionalization bonus in the second fiscal year shall be one percent (1.0%) of the 9
state’s share of the foundation education aid for the regionalized district as calculated pursuant to 10
§§ 16-7.2-3 and 16-7.2-4 in that fiscal year; 11
(5) The regionalization bonus shall cease in the third fiscal year; 12
(6) The regionalization bonus for the Chariho regional school district shall be applied to 13
the state share of the permanent foundation education aid for the member towns; and 14
(7) The department of elementary and secondary education shall prorate the funds available 15
for distribution among those eligible regionalized school districts if the total, approved costs for 16
which regionalized school districts are seeking a regionalization bonus exceed the amount of 17
funding appropriated in any fiscal year; 18
(h) Additional state support for English learners (EL). The amount to support EL students 19
shall be determined by multiplying an EL factor of ten percent (10%) by the core-instruction per-20
pupil amount defined in § 16-7.2-3(a)(1) and applying that amount of additional state support to 21
EL students identified using widely adopted, independent standards and assessments identified by 22
the commissioner. All categorical funds distributed pursuant to this subsection must be used to 23
provide high-quality, research-based services to EL students and managed in accordance with 24
requirements set forth by the commissioner of elementary and secondary education. The 25
department of elementary and secondary education shall collect performance reports from districts 26
and approve the use of funds prior to expenditure. The department of elementary and secondary 27
education shall ensure the funds are aligned to activities that are innovative and expansive and not 28
utilized for activities the district is currently funding. The department of elementary and secondary 29
education shall prorate the funds available for distribution among eligible recipients if the total 30
calculated costs exceed the amount of funding available in any fiscal year; 31
(i) State support for school resource officers. For purposes of this subsection, a school 32
resource officer (SRO) shall be defined as a career law enforcement officer with sworn authority 33
who is deployed by an employing police department or agency in a community-oriented policing 34
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assignment to work in collaboration with one or more schools. School resource officers should have 1
completed at least forty (40) hours of specialized training in school policing, administered by an 2
accredited agency, before being assigned. Beginning in FY 2019, for a period of three (3) years, 3
school districts or municipalities that choose to employ school resource officers shall receive direct 4
state support for costs associated with employing such officers at public middle and high schools. 5
Districts or municipalities shall be reimbursed an amount equal to one-half (½) of the cost of 6
salaries and benefits for the qualifying positions. Funding will be provided for school resource 7
officer positions established on or after July 1, 2018, provided that: 8
(1) Each school resource officer shall be assigned to one school: 9
(i) Schools with enrollments below one thousand twelve hundred (1,200) students shall 10
require one school resource officer; 11
(ii) Schools with enrollments of one thousand twelve hundred (1,200) or more students 12
shall require two school resource officers; 13
(2) School resource officers hired in excess of the requirement noted above shall not be 14
eligible for reimbursement; and 15
(3) Schools that eliminate existing school resource officer positions and create new 16
positions under this provision shall not be eligible for reimbursement; and 17
(j) Categorical programs defined in subsections (a) through (g) shall be funded pursuant to 18
the transition plan in § 16-7.2-7. 19
SECTION 3. This act shall take effect upon passage. 20
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EXPLANATION
BY THE LEGISLATIVE COUNCIL
OF
A N A C T
RELATING TO EDUCATION -- STATE DEPARTMENT OF ELEMENTARY AND
SECONDARY EDUCATION
***
This act would provide that the commissioner of elementary and secondary education 1
would assign two (2) individuals to be tasked exclusively to work on career and technical 2
educational (CTE) issues. This act would also double the current categorical funding for CTE and 3
provide for the establishment of new CTE programs. Additionally, two million dollars ($2,000,000) 4
annually would be allocated for CTE infrastructure, equipment and tools, and two million dollars 5
($2,000,000) annually would be allocated for new middle school programs. Finally, this act would 6
also provide for the establishment of two (2) new advanced manufacturing centers with one to be 7
located in the east bay area and the other in Washington County. 8
This act would take effect upon passage. 9
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