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| 5 | 5 | | 2023 -- S 0094 |
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| 6 | 6 | | ======== |
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| 7 | 7 | | LC000898 |
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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: 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. Section 16-7.2-6 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 | | 16-7.2-6. Categorical programs, state funded expenses. 3 |
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| 26 | 26 | | In addition to the foundation education aid provided pursuant to § 16-7.2-3, the permanent 4 |
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| 27 | 27 | | foundation education-aid program shall provide direct state funding for: 5 |
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| 28 | 28 | | (a) Excess costs associated with special education students. Excess costs are defined when 6 |
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| 29 | 29 | | an individual special education student’s cost shall be deemed to be “extraordinary.” Extraordinary 7 |
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| 30 | 30 | | costs are those educational costs that exceed the state-approved threshold based on an amount 8 |
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| 31 | 31 | | above five times the core foundation amount (total of core-instruction amount plus student success 9 |
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| 32 | 32 | | amount). The department of elementary and secondary education shall prorate the funds available 10 |
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| 33 | 33 | | for distribution among those eligible school districts if the total approved costs for which school 11 |
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| 34 | 34 | | districts are seeking reimbursement exceed the amount of funding appropriated in any fiscal year; 12 |
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| 35 | 35 | | and the department of elementary and secondary education shall also collect data on those 13 |
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| 36 | 36 | | educational costs that exceed the state-approved threshold based on an amount above two (2), three 14 |
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| 37 | 37 | | (3), and four (4) times the core-foundation amount; 15 |
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| 38 | 38 | | (b) Career and technical education costs to help meet initial investment requirements 16 |
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| 39 | 39 | | needed to transform existing, or create new, comprehensive, career and technical education 17 |
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| 40 | 40 | | programs and career pathways in critical and emerging industries and to help offset the higher-18 |
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| 41 | 41 | | |
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| 42 | 42 | | |
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| 43 | 43 | | LC000898 - Page 2 of 7 |
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| 44 | 44 | | than-average costs associated with facilities, equipment maintenance and repair, and supplies 1 |
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| 45 | 45 | | necessary for maintaining the quality of highly specialized programs that are a priority for the state. 2 |
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| 46 | 46 | | The department shall develop criteria for the purpose of allocating any and all career and technical 3 |
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| 47 | 47 | | education funds as may be determined by the general assembly on an annual basis. The department 4 |
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| 48 | 48 | | of elementary and secondary education shall prorate the funds available for distribution among 5 |
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| 49 | 49 | | those eligible school districts if the total approved costs for which school districts are seeking 6 |
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| 50 | 50 | | reimbursement exceed the amount of funding available in any fiscal year; 7 |
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| 51 | 51 | | (c) Programs to increase access to voluntary, free, high-quality pre-kindergarten programs. 8 |
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| 52 | 52 | | The department shall recommend criteria for the purpose of allocating any and all early childhood 9 |
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| 53 | 53 | | program funds as may be determined by the general assembly; 10 |
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| 54 | 54 | | (d) Central Falls, Davies, and the Met Center Stabilization Fund is established to ensure 11 |
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| 55 | 55 | | that appropriate funding is available to support their students. Additional support for Central Falls 12 |
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| 56 | 56 | | is needed due to concerns regarding the city’s capacity to meet the local share of education costs. 13 |
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| 57 | 57 | | This fund requires that education aid calculated pursuant to § 16-7.2-3 and funding for costs outside 14 |
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| 58 | 58 | | the permanent foundation education-aid formula, including, but not limited to, transportation, 15 |
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| 59 | 59 | | facility maintenance, and retiree health benefits shall be shared between the state and the city of 16 |
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| 60 | 60 | | Central Falls. The fund shall be annually reviewed to determine the amount of the state and city 17 |
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| 61 | 61 | | appropriation. The state’s share of this fund may be supported through a reallocation of current 18 |
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| 62 | 62 | | state appropriations to the Central Falls school district. At the end of the transition period defined 19 |
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| 63 | 63 | | in § 16-7.2-7, the municipality will continue its contribution pursuant to § 16-7-24. Additional 20 |
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| 64 | 64 | | support for the Davies and the Met Center is needed due to the costs associated with running a 21 |
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| 65 | 65 | | stand-alone high school offering both academic and career and technical coursework. The 22 |
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| 66 | 66 | | department shall recommend criteria for the purpose of allocating any and all stabilization funds as 23 |
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| 67 | 67 | | may be determined by the general assembly; 24 |
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| 68 | 68 | | (e) Excess costs associated with transporting students to out-of-district non-public schools. 25 |
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| 69 | 69 | | This fund will provide state funding for the costs associated with transporting students to out-of-26 |
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| 70 | 70 | | district non-public schools, pursuant to chapter 21.1 of this title. The state will assume the costs of 27 |
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| 71 | 71 | | non-public out-of-district transportation for those districts participating in the statewide system. 28 |
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| 72 | 72 | | The department of elementary and secondary education shall prorate the funds available for 29 |
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| 73 | 73 | | distribution among those eligible school districts if the total approved costs for which school 30 |
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| 74 | 74 | | districts are seeking reimbursement exceed the amount of funding available in any fiscal year; 31 |
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| 75 | 75 | | (f) Excess costs associated with transporting students within regional school districts. This 32 |
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| 76 | 76 | | fund will provide direct state funding for the excess costs associated with transporting students 33 |
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| 77 | 77 | | within regional school districts, established pursuant to chapter 3 of this title. This fund requires 34 |
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| 78 | 78 | | |
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| 79 | 79 | | |
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| 80 | 80 | | LC000898 - Page 3 of 7 |
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| 81 | 81 | | that the state and regional school district share equally the student transportation costs net any 1 |
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| 82 | 82 | | federal sources of revenue for these expenditures. The department of elementary and secondary 2 |
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| 83 | 83 | | education shall prorate the funds available for distribution among those eligible school districts if 3 |
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| 84 | 84 | | the total approved costs for which school districts are seeking reimbursement exceed the amount 4 |
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| 85 | 85 | | of funding available in any fiscal year; 5 |
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| 86 | 86 | | (g) Public school districts that are regionalized shall be eligible for a regionalization bonus 6 |
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| 87 | 87 | | as set forth below: 7 |
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| 88 | 88 | | (1) As used herein, the term “regionalized” shall be deemed to refer to a regional school 8 |
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| 89 | 89 | | district established under the provisions of chapter 3 of this title, including the Chariho Regional 9 |
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| 90 | 90 | | School district; 10 |
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| 91 | 91 | | (2) For those districts that are regionalized as of July 1, 2010, the regionalization bonus 11 |
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| 92 | 92 | | shall commence in FY 2012. For those districts that regionalize after July 1, 2010, the 12 |
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| 93 | 93 | | regionalization bonus shall commence in the first fiscal year following the establishment of a 13 |
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| 94 | 94 | | regionalized school district as set forth in chapter 3 of this title, including the Chariho Regional 14 |
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| 95 | 95 | | School District; 15 |
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| 96 | 96 | | (3) The regionalization bonus in the first fiscal year shall be two percent (2.0%) of the 16 |
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| 97 | 97 | | state’s share of the foundation education aid for the regionalized district as calculated pursuant to 17 |
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| 98 | 98 | | §§ 16-7.2-3 and 16-7.2-4 in that fiscal year; 18 |
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| 99 | 99 | | (4) The regionalization bonus in the second fiscal year shall be one percent (1.0%) of the 19 |
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| 100 | 100 | | state’s share of the foundation education aid for the regionalized district as calculated pursuant to 20 |
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| 101 | 101 | | §§ 16-7.2-3 and 16-7.2-4 in that fiscal year; 21 |
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| 102 | 102 | | (5) The regionalization bonus shall cease in the third fiscal year; 22 |
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| 103 | 103 | | (6) The regionalization bonus for the Chariho regional school district shall be applied to 23 |
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| 104 | 104 | | the state share of the permanent foundation education aid for the member towns; and 24 |
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| 105 | 105 | | (7) The department of elementary and secondary education shall prorate the funds available 25 |
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| 106 | 106 | | for distribution among those eligible regionalized school districts if the total, approved costs for 26 |
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| 107 | 107 | | which regionalized school districts are seeking a regionalization bonus exceed the amount of 27 |
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| 108 | 108 | | funding appropriated in any fiscal year; 28 |
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| 109 | 109 | | (h) Additional state support for English learners (EL). The amount to support EL students 29 |
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| 110 | 110 | | shall be determined by multiplying an EL factor of ten percent (10%) by the core-instruction per-30 |
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| 111 | 111 | | pupil amount defined in § 16-7.2-3(a)(1) and applying that amount of additional state support to 31 |
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| 112 | 112 | | EL students identified using widely adopted, independent standards and assessments identified by 32 |
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| 113 | 113 | | the commissioner. All categorical funds distributed pursuant to this subsection must be used to 33 |
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| 114 | 114 | | provide high-quality, research-based services to EL students and managed in accordance with 34 |
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| 115 | 115 | | |
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| 116 | 116 | | |
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| 117 | 117 | | LC000898 - Page 4 of 7 |
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| 118 | 118 | | requirements set forth by the commissioner of elementary and secondary education. The 1 |
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| 119 | 119 | | department of elementary and secondary education shall collect performance reports from districts 2 |
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| 120 | 120 | | and approve the use of funds prior to expenditure. The department of elementary and secondary 3 |
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| 121 | 121 | | education shall ensure the funds are aligned to activities that are innovative and expansive and not 4 |
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| 122 | 122 | | utilized for activities the district is currently funding. The department of elementary and secondary 5 |
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| 123 | 123 | | education shall prorate the funds available for distribution among eligible recipients if the total 6 |
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| 124 | 124 | | calculated costs exceed the amount of funding available in any fiscal year; 7 |
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| 125 | 125 | | (i) State support for school resource officers. For purposes of this subsection, a school 8 |
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| 126 | 126 | | resource officer (SRO) shall be defined as a career law enforcement officer with sworn authority 9 |
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| 127 | 127 | | who is deployed by an employing police department or agency in a community-oriented policing 10 |
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| 128 | 128 | | assignment to work in collaboration with one or more schools. School resource officers should have 11 |
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| 129 | 129 | | completed at least forty (40) hours of specialized training in school policing, administered by an 12 |
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| 130 | 130 | | accredited agency, before being assigned. Beginning in FY 2019, for a period of three (3) years, 13 |
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| 131 | 131 | | school districts or municipalities that choose to employ school resource officers shall receive direct 14 |
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| 132 | 132 | | state support for costs associated with employing such officers at public middle and high schools. 15 |
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| 133 | 133 | | Districts or municipalities shall be reimbursed an amount equal to one-half (½) of the cost of 16 |
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| 134 | 134 | | salaries and benefits for the qualifying positions. Funding will be provided for school resource 17 |
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| 135 | 135 | | officer positions established on or after July 1, 2018, provided that: 18 |
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| 136 | 136 | | (1) Each school resource officer shall be assigned to one school: 19 |
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| 137 | 137 | | (i) Schools with enrollments below one thousand twelve hundred (1,200) students shall 20 |
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| 138 | 138 | | require one school resource officer; 21 |
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| 139 | 139 | | (ii) Schools with enrollments of one thousand twelve hundred (1,200) or more students 22 |
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| 140 | 140 | | shall require two school resource officers; 23 |
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| 141 | 141 | | (2) School resource officers hired in excess of the requirement noted above shall not be 24 |
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| 142 | 142 | | eligible for reimbursement; and 25 |
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| 143 | 143 | | (3) Schools that eliminate existing school resource officer positions and create new 26 |
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| 144 | 144 | | positions under this provision shall not be eligible for reimbursement; and 27 |
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| 145 | 145 | | (j) Categorical programs defined in subsections (a) through (g) shall be funded pursuant to 28 |
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| 146 | 146 | | the transition plan in § 16-7.2-7; and 29 |
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| 147 | 147 | | (k) Expenditures for services and instructional programs for students residing in 30 |
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| 148 | 148 | | conventional public housing units owned by public housing authorities which are not on local tax 31 |
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| 149 | 149 | | rolls. Payments shall be made when the services and programs have been carried out in accordance 32 |
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| 150 | 150 | | with the requirements of state law and regulations of the state board of education. 33 |
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| 151 | 151 | | (1) The following terms shall have the following meanings: 34 |
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| 152 | 152 | | |
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| 153 | 153 | | |
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| 154 | 154 | | LC000898 - Page 5 of 7 |
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| 155 | 155 | | (i) "Conventional public housing" means those properties identified as eligible low rent 1 |
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| 156 | 156 | | housing projects under title I of Pub. L. 81-874, 20 U.S.C. 236, et seq. 2 |
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| 157 | 157 | | (ii) "Incentive entitlement" means the sum payable to a local school district under this 3 |
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| 158 | 158 | | formula. 4 |
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| 159 | 159 | | (iii) "State share ratio" means the state share ratio as calculated under § 16-7.2-4. 5 |
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| 160 | 160 | | (2) The incentive entitlement for a district shall be the product of the average per pupil cost 6 |
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| 161 | 161 | | for the district based upon the Uniform Chart of Accounts, the number of full-time equivalent pupils 7 |
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| 162 | 162 | | in grade twelve (12) and below residing in conventional public housing, and the state share ratio 8 |
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| 163 | 163 | | for the district. 9 |
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| 164 | 164 | | (3) The department of elementary and secondary education shall prorate the funds available 10 |
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| 165 | 165 | | for distribution among those eligible school districts if the total approved costs for which school 11 |
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| 166 | 166 | | districts are seeking reimbursements exceed the amount of funding appropriated in any fiscal year. 12 |
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| 167 | 167 | | SECTION 2. Section 16-7-34.3 of the General Laws in Chapter 16-7 entitled "Foundation 13 |
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| 168 | 168 | | Level School Support [See Title 16 Chapter 97 - The Rhode Island Board of Education Act]" is 14 |
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| 169 | 169 | | hereby repealed. 15 |
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| 170 | 170 | | 16-7-34.3. Reimbursement by the state for conventional public housing students. 16 |
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| 171 | 171 | | (a) Each school district shall be reimbursed for expenditures for services and instructional 17 |
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| 172 | 172 | | programs for students residing in conventional public housing units owned by public housing 18 |
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| 173 | 173 | | authorities which are not on local tax rolls. Reimbursement shall be made when the services and 19 |
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| 174 | 174 | | programs have been carried out in accordance with the requirements of state law and regulations 20 |
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| 175 | 175 | | of the board of regents for elementary and secondary education. The following formula shall be 21 |
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| 176 | 176 | | used to distribute aid for the students residing in the public housing units: 22 |
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| 177 | 177 | | (1)(i) The following formula and definitions are to be used to determine the entitlement for 23 |
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| 178 | 178 | | each school district: 24 |
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| 179 | 179 | | (ii) The incentive entitlement for a district shall be the product of the average per pupil cost 25 |
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| 180 | 180 | | for the district, the number of full time equivalent pupils in grade 12 and below residing in 26 |
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| 181 | 181 | | conventional public housing, and the state share ratio for the district. 27 |
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| 182 | 182 | | (2) In this formula the following terms have the following meanings: 28 |
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| 183 | 183 | | (i) "Incentive entitlement" means the sum payable to a local school district under this 29 |
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| 184 | 184 | | formula. 30 |
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| 185 | 185 | | (ii) "Average per pupil costs for the district" means all expenditures approved by the state 31 |
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| 186 | 186 | | board of regents for elementary and secondary education as defined in § 16-7-20 plus the costs of 32 |
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| 187 | 187 | | special education required under chapter 24 of this title divided by average daily membership of 33 |
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| 188 | 188 | | pupils as determined in § 16-7-22(1). 34 |
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| 189 | 189 | | |
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| 190 | 190 | | |
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| 191 | 191 | | LC000898 - Page 6 of 7 |
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| 192 | 192 | | (iii) "State share ratio" means the effective state share ratio as calculated under § 16-7-20. 1 |
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| 193 | 193 | | (iv) "Conventional public housing" means those properties identified as eligible low rent 2 |
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| 194 | 194 | | housing projects under title I of P.L. 81-874, 20 U.S.C. § 236 et seq. 3 |
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| 195 | 195 | | (b) Students living on property owned by the Rhode Island resource recovery corporation 4 |
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| 196 | 196 | | shall also be included in computations under this section. 5 |
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| 197 | 197 | | (c) Students living in the North Kingstown Traveler's Aid housing project shall also be 6 |
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| 198 | 198 | | included in computations under this section. 7 |
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| 199 | 199 | | (d) An amount shall be appropriated for the purpose of reimbursing school districts as 8 |
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| 200 | 200 | | required pursuant to subsection (a) for conventional public housing. 9 |
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| 201 | 201 | | (e) If the sum appropriated in subsection (a) of this section is not sufficient to pay in full 10 |
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| 202 | 202 | | the amount for conventional public housing which each city and town is entitled to receive in any 11 |
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| 203 | 203 | | fiscal year, the maximum amount which all cities and towns are entitled to receive under this section 12 |
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| 204 | 204 | | shall be deducted from the sum appropriated for all cities and towns under § 16-7-20. If, after final 13 |
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| 205 | 205 | | allocation of §§ 16-7-15 through 16-7-34, a district receives more than one hundred percent (100%) 14 |
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| 206 | 206 | | reimbursement, the excess shall be deducted from this conventional public housing allocation in 15 |
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| 207 | 207 | | the following fiscal year. 16 |
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| 208 | 208 | | (f) Reimbursement payments as calculated under this chapter shall be made according to § 17 |
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| 209 | 209 | | 16-7-16. All payments under this chapter shall be used exclusively to support services for 18 |
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| 210 | 210 | | conventional public housing students. 19 |
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| 211 | 211 | | (g) Expenditure reports shall be submitted by the local school districts to the commissioner 20 |
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| 212 | 212 | | of elementary and secondary education in accordance with rules and regulations of the board of 21 |
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| 213 | 213 | | regents for elementary and secondary education. 22 |
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| 214 | 214 | | SECTION 3. This act shall take effect upon passage. 23 |
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| 215 | 215 | | ======== |
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| 216 | 216 | | LC000898 |
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| 217 | 217 | | ======== |
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| 218 | 218 | | |
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| 219 | 219 | | |
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| 220 | 220 | | LC000898 - Page 7 of 7 |
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| 221 | 221 | | EXPLANATION |
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| 222 | 222 | | BY THE LEGISLATIVE COUNCIL |
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| 223 | 223 | | OF |
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| 224 | 224 | | A N A C T |
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| 225 | 225 | | RELATING TO EDUCATION -- THE EDUCATION EQUITY AND PROPERTY TAX |
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| 226 | 226 | | RELIEF ACT |
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| 227 | 227 | | *** |
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| 228 | 228 | | This act would repeal the provisions of § 16-7-34.3 regarding reimbursement by the state 1 |
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| 229 | 229 | | for conventional public housing students, and would add similar language to § 16-7.2-6 providing 2 |
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| 230 | 230 | | permanent foundation education aid funding for services and instructional services for students 3 |
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| 231 | 231 | | residing in conventional public housing units. 4 |
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| 232 | 232 | | This act would take effect upon passage. 5 |
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| 233 | 233 | | ======== |
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| 234 | 234 | | LC000898 |
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| 235 | 235 | | ======== |
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| 236 | 236 | | |
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