2023 -- S 0524
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LC002263
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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 -- SUBSTITUTE TEACHER FLAT RATE
Introduced By: Senators Gallo, Lombardo, DiPalma, Ciccone, and Gu
Date Introduced: March 07, 2023
Referred To: Senate Finance
It is enacted by the General Assembly as follows:
SECTION 1. Title 16 of the General Laws entitled "EDUCATION" is hereby amended by 1
adding thereto the following chapter: 2
CHAPTER 112 3
SUBSTITUTE TEACHER FLAT RATE 4
16-112-1. Short title. 5
This chapter shall be known and may be cited as the "Substitute Teacher Flat Rate". 6
16-112-2. Definitions. 7
As used in this chapter: 8
(1) “Certified” means an individual employed on a temporary basis, that holds a certificate 9
or certificates issued by or under the authority of the council on elementary and secondary 10
education. 11
(2) “Non-certified substitute teacher” means an individual employed on a temporary basis 12
that does not hold a certificate or certificates issued by or under the authority of the council on 13
elementary and secondary education. 14
(3) “School district” means any school district formed pursuant to law. 15
16-112-3. Application of chapter. 16
This chapter applies to every school district in this state and all certified and non-certified 17
substitute teachers who teach in state schools of elementary and secondary education. 18
16-112-4. Hiring of substitute teachers. 19
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The committee or board of a school or school district may employ a student without a 1
teaching certificate as a substitute teacher, as defined by that school or school district. To qualify, 2
the student shall be currently enrolled in an accredited institution of higher education, be enrolled 3
in a program that will culminate in the student becoming eligible for a teaching license in the State 4
of Rhode Island, and have earned at least sixty (60) credits towards their degree. 5
16-112-5. Rate of pay. 6
(a) Substitute teaching personnel shall be paid a flat rate of two hundred fifty dollars ($250) 7
for non-certified personnel and three hundred dollars ($300) for certified personnel. This rate shall 8
apply to all personnel currently in the pool of substitutes for a particular district, and to newly hired 9
substitute teaching personnel hired after the effective date of this chapter. 10
(b) The general assembly shall allocate funding from the American Rescue Plan Relief 11
Fund to school districts to support hiring of substitute teachers. 12
(1) The funding shall cover the difference between the collectively bargained per diem rate 13
for substitute teachers and the flat rate established in subsection (a) of this section. 14
(i) If, as of the effective date of this chapter, the school administration in a particular district 15
is engaged in the collective bargaining process with the teachers’ union, for purposes of enforcing 16
this chapter, the per diem substitute rate shall be the rate established by the most recent collective 17
bargaining agreement. 18
(ii) For the duration of this program, bargaining parties shall be prohibited from bargaining 19
for a per diem rate for substitute teachers which is based on an anticipated allocation of funds 20
pursuant to this chapter. 21
(c) Each school district shall submit to the Rhode Island department of education (RIDE) 22
on a monthly basis an itemized request for reimbursement, including, but not limited to, the 23
following information: 24
(1) The number of new hires to the substitute pool since the effective date of this chapter; 25
(2) Total number of substitute teaching personnel who received the flat rate as established 26
in this chapter, broken down by non-certified and certified personnel; and 27
(3) Total amount paid to substitute teaching personnel for that quarter. 28
(d) Upon receipt, RIDE shall reimburse the district for the total amount itemized within 29
thirty (30) business days. RIDE shall promulgate any necessary rules and regulations for the 30
implementation of this chapter. 31
16-112-6. Pay in excess of state supported rates. 32
Nothing contained in this chapter shall prevent any local school board or district from 33
paying an additional amount of salary to any substitute teacher when such additional amount is 34
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derived from local funds or appropriations. 1
16-112-7. Rules and regulations. 2
The department of education shall make such rules and regulations as it deems appropriate 3
to make the application of the salary structure contained in this chapter uniform throughout the 4
state. 5
16-112-8. Sunset provision. 6
This section shall sunset upon the completion of the 2023-2024 school year or upon 7
exhaustion of approved American Rescue Plan Relief Funds for education relief, whichever is 8
earliest. 9
16-112-9. Reporting. 10
(a) No later than August 1 each year, for the duration of the program, each school district 11
shall report to the department of education the following data from the previous school year: 12
(1) How many substitute teachers were hired under this program; 13
(2) The race, ethnicity, and gender of the applicant pool; 14
(3) Whether any substitute teachers were hired for full-time status; 15
(4) Education and certifications; and 16
(5) Reason for exiting the position, if they were not hired for full-time status. 17
(b) The department of education shall cull the data from the school districts and prepare a 18
report to be submitted to the general assembly by September 1. The department of education shall 19
appropriately redact any data received and make it publicly available on the department of 20
education website. 21
SECTION 2. This act shall take effect upon passage. 22
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LC002263
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EXPLANATION
BY THE LEGISLATIVE COUNCIL
OF
A N A C T
RELATING TO EDUCATION -- SUBSTITUTE TEACHER FLAT RATE
***
This act would establish a flat rate for certified and non-certified substitute teaching 1
personnel statewide at two hundred fifty dollars ($250) and three hundred dollars ($300), 2
respectively, and would propose using American Rescue Plan Act funds to cover the difference 3
between the per diem rate set by each school district and the flat rate with a sunset date of September 4
1, 2024 or until no funds remain, whichever is earliest. 5
This act would take effect upon passage. 6
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