Rhode Island 2023 Regular Session

Rhode Island Senate Bill S0254 Compare Versions

Only one version of the bill is available at this time.

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5	5	2023 -- S 0254
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7	7	LC001014
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9	9	S TATE OF RHODE IS LAND
10	10	IN GENERAL ASSEMBLY
11	11	JANUARY SESSION, A.D. 2023
12	12	____________
13	13
14	14	A N A C T
15	15	RELATING TO EDUCATION --THE EDUCATION EQUITY AND PROPERTY TAX
16	16	RELIEF ACT
17	17	Introduced By: Senators Gu, Kallman, Murray, Zurier, Sosnowski, Euer, Mack, Britto,
18	18	Cano, and DiPalma
19	19	Date Introduced: February 16, 2023
20	20	Referred To: Senate Finance
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23	23	It is enacted by the General Assembly as follows:
24	24	SECTION 1. Section 16-7.2-3 of the General Laws in Chapter 16-7.2 entitled "The 1
25	25	Education Equity and Property Tax Relief Act" is hereby amended to read as follows: 2
26	26	16-7.2-3. Permanent foundation education aid established. 3
27	27	(a) Beginning in the 2012 fiscal year, the following foundation education-aid formula shall 4
28	28	take effect. The foundation education aid for each district shall be the sum of the core instruction 5
29	29	amount in subdivision (a)(1) and the amount to support high-need students in subdivision (a)(2), 6
30	30	which shall be multiplied by the district state-share ratio calculated pursuant to § 16-7.2-4 to 7
31	31	determine the foundation aid. 8
32	32	(1) The core-instruction amount shall be an amount equal to a statewide, per-pupil core-9
33	33	instruction amount as established by the department of elementary and secondary education, 10
34	34	derived from the average of northeast regional expenditure data for the states of Rhode Island, 11
35	35	Massachusetts, Connecticut, and New Hampshire from the National Center for Education Statistics 12
36	36	(NCES) that will adequately fund the student instructional needs as described in the basic education 13
37	37	program and multiplied by the district average daily membership as defined in § 16-7-22. 14
38	38	Expenditure data in the following categories: instruction and support services for students, 15
39	39	instruction, general administration, school administration, and other support services from the 16
40	40	National Public Education Financial Survey, as published by NCES, and enrollment data from the 17
41	41	Common Core of Data, also published by NCES, will be used when determining the core-18
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45	45	instruction amount. The core-instruction amount will be updated annually. For the purpose of 1
46	46	calculating this formula, school districts’ resident average daily membership shall exclude charter 2
47	47	school and state-operated school students. 3
48	48	(2) The amount to support high-need students beyond the core-instruction amount shall be 4
49	49	determined by multiplying a student success factor of forty percent (40%) by the core instruction 5
50	50	per-pupil amount described in subdivision (a)(1) and applying that amount for each resident child 6
51	51	whose family income is at or below one hundred eighty-five percent (185%) of federal poverty 7
52	52	guidelines, hereinafter referred to as “poverty status.” By October 1, 2022, as part of its budget 8
53	53	submission pursuant to § 35-3-4 relative to state fiscal year 2024 and thereafter, the department of 9
54	54	elementary and secondary education shall develop and utilize a poverty measure that in the 10
55	55	department’s assessment most accurately serves as a proxy for the poverty status referenced in this 11
56	56	subsection and does not rely on the administration of school nutrition programs. The department 12
57	57	shall utilize this measure in calculations pursuant to this subsection related to the application of the 13
58	58	student success factor, in calculations pursuant to § 16-7.2-4 related to the calculation of the state 14
59	59	share ratio, and in the formulation of estimates pursuant to subsection (b) below. The department 15
60	60	may also include any recommendations which seek to mitigate any disruptions associated with the 16
61	61	implementation of this new poverty measure or improve the accuracy of its calculation. 17
62	62	(b) The department of elementary and secondary education shall provide an estimate of the 18
63	63	foundation education aid cost as part of its budget submission pursuant to § 35-3-4. The estimate 19
64	64	shall include the most recent data available as well as an adjustment for average daily membership 20
65	65	growth or decline based on the prior year experience. 21
66	66	(c) In addition, the department shall report updated figures based on the average daily 22
67	67	membership as of October 1 by December 1. 23
68	68	(d) Local education agencies may set aside a portion of funds received under subsection 24
69	69	(a) to expand learning opportunities such as after school and summer programs, full-day 25
70	70	kindergarten and/or multiple pathway programs, provided that the basic education program and all 26
71	71	other approved programs required in law are funded. 27
72	72	(e) The department of elementary and secondary education shall promulgate such 28
73	73	regulations as are necessary to implement fully the purposes of this chapter. 29
74	74	(f) The provisions of § 45-53-10 shall be applied after the yearly amount of education aid 30
75	75	provided for under subsection (a) of this section is calculated. 31
76	76	SECTION 2. Chapter 45-53 of the General Laws entitled "Low and Moderate Income 32
77	77	Housing" is hereby amended by adding thereto the following section: 33
78	78	45-53-10. Education aid to be indexed to achieving low- and moderate-income housing 34
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82	82	levels. 1
83	83	(a) Effective January 1, 2024, a community’s receipt of permanent foundation education 2
84	84	aid pursuant to chapter 7.2 of title 16 shall be indexed to a municipality’s ability to successfully 3
85	85	meet its low- and moderate-income housing goals as provided for in this chapter, in the following 4
86	86	manner: 5
87	87	(1) For purposes of this section, commencing on January 1, 2024, and for each successive 6
88	88	year thereafter, every community shall have a five (5) year period to meet the goal of ten percent 7
89	89	(10%) of the year-round units or, in the case of certain urban towns or cities, fifteen percent (15%) 8
90	90	of the occupied rental housing units as being low- and moderate-income housing, as provided for 9
91	91	in § 45-53-3. If a community’s minimum percentage requirements of low- or moderate-income 10
92	92	housing are adjusted by statute, then the provisions of this section shall be indexed and tied to those 11
93	93	adjustments such that whether a community’s education aid is increased or decreased will be 12
94	94	dependent upon the adjusted minimum amount of low- and moderate-income housing that is 13
95	95	required; 14
96	96	(2) After the five (5) year period provided for in subsection (a)(1) of this section, and for 15
97	97	each year thereafter, any community that exceeds the required minimum goals identified in 16
98	98	subsection (a)(1) of this section for low- and moderate-income housing shall have its education aid 17
99	99	increased by two percent (2%) for every one percent (1%) by which the community exceeds its 18
100	100	requirement minimum goals of ten percent (10%) or fifteen percent (15%) whichever is applicable. 19
101	101	Any community which receives an increase in education aid pursuant to the provisions of this 20
102	102	section shall be eligible to receive increases so long as the community maintains an amount of low- 21
103	103	and moderate-income housing in excess of the community’s statutory minimum requirements. 22
104	104	(3) The division of planning of the department of administration shall certify to the general 23
105	105	assembly on or before April 1 of each year as to the percentage and amount of low- and moderate-24
106	106	income housing in a municipality as of the previous year, for purposes of implementing this section. 25
107	107	(b) As used herein: 26
108	108	(1) “Community” means the municipality or municipalities serviced by, a part of, or in a 27
109	109	given school district. 28
110	110	(2) “Education aid” means the permanent foundation education aid received by each school 29
111	111	district established pursuant to the provisions of chapter 7.2 of title 16, the (“education equity and 30
112	112	property tax relief act”). 31
113	113	SECTION 3. This act shall take effect on January 1, 2024. 32
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120	120	EXPLANATION
121	121	BY THE LEGISLATIVE COUNCIL
122	122	OF
123	123	A N A C T
124	124	RELATING TO EDUCATION --THE EDUCATION EQUITY AND PROPERTY TAX
125	125	RELIEF ACT
126	126	***
127	127	This act would provide for increases in the amount of foundation level school support that 1
128	128	a community would receive, based upon a community’s ability to meet and surpass its minimum 2
129	129	low- and moderate-income housing requirements. 3
130	130	This act would take effect on January 1, 2024. 4
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