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5 | 5 | | 2023 -- S 0087 |
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7 | 7 | | LC000900 |
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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: Senator Roger Picard |
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18 | 18 | | Date Introduced: February 01, 2023 |
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19 | 19 | | Referred To: Senate 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. Sections 16-7.2-3 and 16-7.2-4 of the General Laws in Chapter 16-7.2 entitled 1 |
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24 | 24 | | "The Education Equity and Property Tax Relief Act" are 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 | | and the amount to support school districts in subsection (a)(3) of this section which shall be 7 |
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30 | 30 | | multiplied by the district state-share ratio calculated pursuant to § 16-7.2-4 to determine the 8 |
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31 | 31 | | foundation aid. 9 |
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32 | 32 | | (1) The core-instruction amount shall be an amount equal to a statewide, per-pupil core-10 |
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33 | 33 | | instruction amount as established by the department of elementary and secondary education, 11 |
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34 | 34 | | derived from the average of northeast regional expenditure data for the states of Rhode Island, 12 |
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35 | 35 | | Massachusetts, Connecticut, and New Hampshire from the National Center for Education Statistics 13 |
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36 | 36 | | (NCES) that will adequately fund the student instructional needs as described in the basic education 14 |
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37 | 37 | | program and multiplied by the district average daily membership as defined in § 16-7-22. 15 |
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38 | 38 | | Expenditure data in the following categories: instruction and support services for students, 16 |
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39 | 39 | | instruction, general administration, school administration, and other support services from the 17 |
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40 | 40 | | National Public Education Financial Survey, as published by NCES, and enrollment data from the 18 |
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41 | 41 | | |
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42 | 42 | | |
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43 | 43 | | LC000900 - Page 2 of 4 |
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44 | 44 | | Common Core of Data, also published by NCES, will be used when determining the core-1 |
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45 | 45 | | instruction amount. The core-instruction amount will be updated annually. For the purpose of 2 |
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46 | 46 | | calculating this formula, school districts’ resident average daily membership shall exclude charter 3 |
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47 | 47 | | school and state-operated school students. 4 |
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48 | 48 | | (2) The amount to support high-need students beyond the core-instruction amount shall be 5 |
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49 | 49 | | determined by multiplying a student success factor of forty percent (40%) by the core instruction 6 |
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50 | 50 | | per-pupil amount described in subdivision (a)(1) and applying that amount for each resident child 7 |
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51 | 51 | | whose family income is at or below one hundred eighty-five percent (185%) of federal poverty 8 |
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52 | 52 | | guidelines, hereinafter referred to as “poverty status.” By October 1, 2022, as part of its budget 9 |
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53 | 53 | | submission pursuant to § 35-3-4 relative to state fiscal year 2024 and thereafter, the department of 10 |
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54 | 54 | | elementary and secondary education shall develop and utilize a poverty measure that in the 11 |
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55 | 55 | | department’s assessment most accurately serves as a proxy for the poverty status referenced in this 12 |
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56 | 56 | | subsection and does not rely on the administration of school nutrition programs. The department 13 |
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57 | 57 | | shall utilize this measure in calculations pursuant to this subsection related to the application of the 14 |
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58 | 58 | | student success factor, in calculations pursuant to § 16-7.2-4 related to the calculation of the state 15 |
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59 | 59 | | share ratio, and in the formulation of estimates pursuant to subsection (b) below. The department 16 |
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60 | 60 | | may also include any recommendations which seek to mitigate any disruptions associated with the 17 |
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61 | 61 | | implementation of this new poverty measure or improve the accuracy of its calculation. 18 |
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62 | 62 | | (3) The amount to support school districts with students residing in housing taxed in 19 |
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63 | 63 | | accordance with § 44-5-13.11, shall be determined by multiplying a housing factor of forty percent 20 |
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64 | 64 | | (40%) by the core instruction per pupil amount described in § 16-7.2-3(a)(1), and applying that 21 |
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65 | 65 | | amount to all resident children residing in housing taxed in accordance with § 44-5-13.11. 22 |
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66 | 66 | | (b) The department of elementary and secondary education shall provide an estimate of the 23 |
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67 | 67 | | foundation education aid cost as part of its budget submission pursuant to § 35-3-4. The estimate 24 |
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68 | 68 | | shall include the most recent data available as well as an adjustment for average daily membership 25 |
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69 | 69 | | growth or decline based on the prior year experience. 26 |
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70 | 70 | | (c) In addition, the department shall report updated figures based on the average daily 27 |
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71 | 71 | | membership as of October 1 by December 1. 28 |
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72 | 72 | | (d) Local education agencies may set aside a portion of funds received under subsection 29 |
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73 | 73 | | (a) to expand learning opportunities such as after school and summer programs, full-day 30 |
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74 | 74 | | kindergarten and/or multiple pathway programs, provided that the basic education program and all 31 |
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75 | 75 | | other approved programs required in law are funded. 32 |
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76 | 76 | | (e) The department of elementary and secondary education shall promulgate such 33 |
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77 | 77 | | regulations as are necessary to implement fully the purposes of this chapter. 34 |
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78 | 78 | | |
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79 | 79 | | |
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80 | 80 | | LC000900 - Page 3 of 4 |
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81 | 81 | | 16-7.2-4. Determination of state’s share. 1 |
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82 | 82 | | (a) For each district, the state’s share of the foundation education aid calculated pursuant 2 |
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83 | 83 | | to § 16-7.2-3(a) shall use a calculation that considers a district’s revenue-generating capacity and 3 |
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84 | 84 | | concentration of high-need students. The calculation is the square root of the sum of the state-share 4 |
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85 | 85 | | ratio for the community calculation, pursuant to § 16-7-20, squared plus the percentage of students 5 |
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86 | 86 | | residing in housing taxed in accordance with § 44-5-13.11 squared, plus the district’s percentage 6 |
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87 | 87 | | of students in grades PK-6 in poverty status squared, divided by two. 7 |
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88 | 88 | | (b) For purposes of determining the state’s share, school district student data used in this 8 |
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89 | 89 | | calculation shall include charter school and state school students. These ratios are used in the 9 |
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90 | 90 | | permanent foundation education aid formula calculation described in § 16-7.2-5. 10 |
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91 | 91 | | SECTION 2. This act shall take effect upon passage and shall apply to all school years 11 |
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92 | 92 | | commencing on or after July 1, 2023. 12 |
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94 | 94 | | LC000900 |
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97 | 97 | | |
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98 | 98 | | LC000900 - Page 4 of 4 |
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99 | 99 | | EXPLANATION |
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100 | 100 | | BY THE LEGISLATIVE COUNCIL |
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101 | 101 | | OF |
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102 | 102 | | A N A C T |
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103 | 103 | | RELATING TO EDUCATION -- THE EDUCATION EQUITY AND PROPERTY TAX |
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104 | 104 | | RELIEF ACT |
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105 | 105 | | *** |
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106 | 106 | | This act would amend the method for the calculation of the permanent foundation 1 |
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107 | 107 | | education aid to school districts, and would make an adjustment based upon students residing in 2 |
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108 | 108 | | qualified low-income housing. 3 |
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109 | 109 | | This act would take effect upon passage and would apply to all school years commencing 4 |
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110 | 110 | | on or after July 1, 2023. 5 |
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112 | 112 | | LC000900 |
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