2023 -- S 0067
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LC000261
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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: Senators Cano, Quezada, Murray, Lawson, Acosta, Pearson, Euer,
DiMario, Kallman, and Burke
Date Introduced: February 01, 2023
Referred To: Senate 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%) by the core instruction 5
per-pupil amount described in subdivision (a)(1) and applying that amount for each resident child 6
either: 7
(i) Whose whose family income is at or below one hundred eighty-five percent (185%) of 8
federal poverty guidelines: or, hereinafter referred to as “poverty status.” 9
(ii) Identified as an English language learner, as defined in the Rhode Island department of 10
elementary and secondary education department regulations. 11
By October 1, 2022, as part of its budget submission pursuant to § 35-3-4 relative to state 12
fiscal year 2024 and thereafter, the department of elementary and secondary education shall 13
develop and utilize a poverty measure that in the department’s assessment most accurately serves 14
as a proxy for the poverty status referenced in this subsection and does not rely on the 15
administration of school nutrition programs. The department shall utilize this measure in 16
calculations pursuant to this subsection related to the application of the student success factor, in 17
calculations pursuant to § 16-7.2-4 related to the calculation of the state share ratio, and in the 18
formulation of estimates pursuant to subsection (b) below. The department may also include any 19
recommendations which seek to mitigate any disruptions associated with the implementation of 20
this new poverty measure or improve the accuracy of its calculation. 21
(b) The department of elementary and secondary education shall provide an estimate of the 22
foundation education aid cost as part of its budget submission pursuant to § 35-3-4. The estimate 23
shall include the most recent data available as well as an adjustment for average daily membership 24
growth or decline based on the prior year experience. 25
(c) In addition, the department shall report updated figures based on the average daily 26
membership as of October 1 by December 1. 27
(d) Local education agencies may set aside a portion of funds received under subsection 28
(a) to expand learning opportunities such as after school and summer programs, full-day 29
kindergarten and/or multiple pathway programs, provided that the basic education program and all 30
other approved programs required in law are funded. 31
(e) The department of elementary and secondary education shall promulgate such 32
regulations as are necessary to implement fully the purposes of this chapter. 33
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SECTION 2. This act shall take effect upon passage. 1
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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 add to the determination of the need to support high-need students a separate 1
and independent qualifying factor of whether the student is an English language learner as defined 2
by the department of education's regulations. 3
This act would take effect upon passage. 4
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