=======

art.013/2

1-1

ARTICLE 13 SUBSTITUTE A AS AMENDED

1-2

RELATING TO EDUCATION AID

1-3

     SECTION 1. Section 16-7.1-15 of the General Laws in Chapter 16-7.1 entitled “The Paul

1-4

W. Crowley Rhode Island Student Investment Initiative” is hereby amended to read as follows:

1-5

     16-7.1-15. The Paul W. Crowley Rhode Island student investment initiative.

1-6

[Effective July 1, 2010.].-- (a) Each locally or regionally operated school district shall receive as

1-7

a base the same amount of school aid as each district received in fiscal year 1997-1998, adjusted

1-8

to reflect the increases or decreases in aid enacted to meet the minimum and maximum funding

1-9

levels established for FY 2000 through FY 2008. Each school district shall also receive school aid

1-10

through each investment fund for which that district qualifies pursuant to §§ 16-7.1-8, 16-7.1-9,

1-11

16-7.1-10, 16-7.1-11, 16-7.1-12, 16-7.1-16 and 16-7.1-19. These sums shall be in addition to the

1-12

base amount described in this section. For FY 2009 and FY 2010, the reference year for the data

1-13

used in the calculation of aid pursuant to § 16-7.1-8, § 16-7.1-9, § 16-7.1-10, § 16-7.1-11, § 16-

1-14

7.1-11.1, § 16-7.1-12, § 16-7.1-16, § 16-7.1-19 and 16-77.1-2(b) shall be FY 2004. Calculation

1-15

and distribution of education aid under §§ 16-5-31, 16-5-32, 16-7-20, 16-7-20.5, 16-7-34.2, 16-7-

1-16

34.3, 16-24-6, 16-54-4, and 16-67-4 is hereby suspended. Provided, however, calculation and

1-17

distribution of education aid under § 16-7.1-10 is suspended for FY 2009 and FY 2010. School

1-18

districts may continue to maintain professional development programs and may reduce other

1-19

education programs to achieve savings during FY 2009 and FY 2010. The funding of the

1-20

purposes and activities of chapter 67 of this title, the Rhode Island Literacy and Dropout

1-21

Prevention Act of 1967, shall be the same amount of the base amount of each district funded for

1-22

that purpose in fiscal year 1997-1998. In addition each district shall expend three percent (3%) of

1-23

its student equity and early childhood funds under the provisions of chapter 67 of this title.

1-24

     (b) Funding for full day kindergarten programs in accordance with § 16-7.1-11.1 shall be

1-25

in addition to funding received under this section.

1-26

     (c) Funding distributed under §§ 16-77.1-2(b) and 16-64-1.1 shall be in addition to

1-27

funding distributed under this section.

1-28

     (d) For FY 2009, aid to school districts shall be reduced by the equivalent savings that are

1-29

realized due to a reduction of payments to the teachers' retirement system. The reduction for the

1-30

Chariho regional school district shall be prorated among the member communities. In addition,

2-1

for FY 2009 aid to school districts shall be reduced by any amount of previously appropriated

2-2

school housing aid determined to be ineligible for reimbursement in accordance with § 16-7-44.2.

2-3

For FY 2009 aid shall also be reduced by the amount of projected revenue for the period

2-4

December 1, 2008 through June 30, 2009 from the permanent school fund. The projected revenue

2-5

shall be determined by annualizing actual earnings from the period May 12, 2008 through

2-6

November 30, 2008. The department of elementary and secondary education shall reduce aid in

2-7

two equal installments, payable in May and June; provided however, that East Providence shall

2-8

receive one payment of reduced aid in May.

2-9

     For FY 2009, aid to school districts shall include thirty eight million, three hundred

2-10

twenty-four thousand, eight hundred twenty-two dollars ($38,324,822) from federal fiscal

2-11

stabilization funds offset by a like reduction from general revenues. The distribution shall be in

2-12

the same proportion as general operating aid.

2-13

     (e) For FY 2010, aid to school districts shall be reduced by the equivalent savings that are

2-14

realized due to a reduction of payments to the teachers' retirement system. The reduction for the

2-15

Chariho regional school district shall be prorated among the member communities. For FY 2010,

2-16

aid to school districts shall be reduced by thirty-three million nine hundred twenty-eight thousand

2-17

two hundred sixteen dollars ($33,928,216) based on the school district's share of total FY 2009

2-18

enacted education aid, including state schools and charter schools. For FY 2010, a distribution of

2-19

stabilization funds per the American Recovery and Reinvestment Act (ARRA) totaling thirty-four

2-20

million one hundred seven thousand one hundred ninety-five dollars ($34,107,195) shall be

2-21

allocated to school districts proportionately based on their share of total FY 2009 enacted

2-22

education aid, including state schools and charter schools.

2-23

     Districts shall comply with the assurances and reporting requirements provided in the

2-24

federal guidance for the (ARRA) allocation and by the commissioner of elementary and

2-25

secondary education.

2-26

     (f) There shall be an appropriation to ensure that total aid distributed to communities in

2-27

FY 2010 under this section and §§ 16-7.1-11.1, 16-64-1.1 and 16-77.1-2(b) and excluding any FY

2-28

2009 Stabilization reappropriations shall be as follows:

2-29

      FY 2010 Stimulus Fiscal

2-30

      General Revenues Stabilization Allocation

2-31

     Barrington 1,863,090 1,629,678 128,427 170,513

2-32

     Burrillville 12,928,167 12,220,612 681,478 948,730

2-33

     Charlestown 1,697,49 7 1,590,767 98,918 134,864

2-34

     Coventry 18,056,601 16,912,980 991,787 1,365,674

3-1

     Cranston 31,662,364 29,622,695 1,752,647 2,410,080

3-2

     Cumberland 11,829,002 11,066,294 654,948 900,586

3-3

     East Greenwich 1,503,975 1,321,451 96,326 129,312

3-4

     East Providence 24,199,858 23,047,872 1,328,384 1,833,360

3-5

     Foster 1,286,565 1,208,609 69,979 96,527

3-6

     Glocester 2,927,949 2,754,277 158,776 219,128

3-7

     Hopkinton 5,677,786 5,323,835 308,347 425,441

3-8

     Jamestown 398,173 356,229 26,278 35,124

3-9

     Johnston 9,596,568 8,971,463 531,110 730,358

3-10

     Lincoln 6,363,969 5,884,774 365,750 499,702

3-11

     Little Compton 296,650 267,222 18,221 24,622

3-12

     Middletown 9,532,081 8,937,990 518,598 715,319

3-13

     Narragansett 1,167,137 1,314,267 93,727 125,872

3-14

     Newport 10,714683 10,104,222 586,477 808,465

3-15

     New Shoreham 64,987 50,323 5,254 6,826

3-16

     North Kingstown 10,631,113 9,922,498 2,155 813,392

3-17

     North Providence 12,081,507 11,311,934 661,166 911,004

3-18

     North Smithfield 4,344,329 4,055,880 238,830 328,814

3-19

     Pawtucket 62,176,676 58,731,451 3,311,223 4,584,707

3-20

     Portsmouth 5,923,071 5,571,674 332,008 454,416

3-21

     Providence 178,309,941 168,378,347 9,577,917 13,241,031

3-22

     Richmond 5,652,344 5,300,144 305,712 422,147

3-23

     Scituate 2,926,243 2,712,604 168,328 229,942

3-24

     Smithfield 4,992,643 4,635,136 283,754 388,414

3-25

     South Kingstown 9,224,287 8,575,177 521,117 714,097

3-26

     Tiverton 5,271,861 4,923,363 293,067 402,699

3-27

     Warwick 32,168,879 31,261,607 1,858,870 2,554,650

3-28

     Westerly 5,771,932 5,319,551 338,071 460,458

3-29

     West Warwick 18,738,108 17,635,159 1,009,842 1,395,236

3-30

     Woonsocket 44,071,702 41,636,569 2,342,811 3,244,945

3-31

     Bristol-Warren 18,761,456 17,675,687 1,009,726 1,395,455

3-32

     Exeter-West Greenwich 6,814,331 6,378,147 374,779 515,945

3-33

     Chariho 378,758 359,704 19,679 27,370

3-34

     Foster-Glocester 5,194,804 4,878,574 283,077 390,339

4-1

     Central Falls 42,507,399 40,233,714 2,167,539 3,021,611

4-2

     In addition to the amounts listed above, the department of elementary and secondary

4-3

education shall allocate monthly to each school district all funds received into the permanent

4-4

school fund pursuant to § 42-61.2-7, as amended by chapter 13 of the 2008 Public Laws entitled

4-5

"An Act Relating to State Affairs and Government", up to $14.1 million, in the same proportion

4-6

as the aid distribution in the FY 2009 enacted appropriations act.

4-7

     This special provision shall not limit entitlements as determined by application of other

4-8

formula provisions in this section.

4-9

     (g) For FY 2009 payments to charter public schools shall be reduced by the equivalent

4-10

savings that are realized due to a reduction of payments to the teachers' retirement system. The

4-11

reduction for district sponsored charter schools shall be incorporated in the sponsoring school

4-12

district's aid as noted in subsection (f). Aid to charter public schools shall be reduced in the April

4-13

quarterly payment. For FY 2009, charter public school funding is as follows:

4-14

     Beacon Charter School 1,512,785

4-15

     Blackstone Academy 1,469,349

4-16

     Compass 614,485

4-17

     Paul Cuffee 4,449,006

4-18

     CVS Highlander 2,596,782

4-19

     International 2,863,818

4-20

     Kingston Hill Academy 736,784

4-21

     Learning Community 3,669,529

4-22

     NE Laborer's 1,508,866

4-23

     Textron 2,361,370

4-24

     Times 2 Academy 6,870,410

4-25

     (h) (1) For FY 2010, payments to charter public schools shall be reduced by the

4-26

equivalent savings that are realized due to a deferment reduction of payments to the teachers'

4-27

retirement system. The reduction for district sponsored charter schools shall be incorporated in

4-28

the sponsoring schools district's aid as noted in subsection (f). For FY 2010, payments to charter

4-29

public schools shall be reduced by one million four hundred sixty-three thousand three hundred

4-30

sixty-seven dollars ($1,463,367) based on the charter schools' share of total FY 2009 enacted

4-31

education aid, including school districts and state schools. For FY 2010, a distribution of

4-32

stabilization funds per the American Recovery and Reinvestment Act (ARRA) totaling one

4-33

million four hundred seventy-one thousand eighty-seven dollars ($1,471,087) shall be allocated to

4-34

charter public schools proportionately based on their share of total FY 2009 enacted education

5-1

aid, including school districts and state schools.

5-2

     (2) For FY 2010, payments to charter public schools shall be further reduced by one

5-3

million one hundred fifty-eight thousand one dollars ($1,158,001) based on the charter schools'

5-4

share of total FY 2010 originally enacted education aid. For FY 2010, an additional distribution

5-5

of stabilization funds per the American Recovery and Reinvestment Act (ARRA) totaling one

5-6

hundred ninety-seven thousand seven hundred fifty-two dollars ($197,752) shall be allocated to

5-7

charter public schools proportionately based on their share of total FY 2010 originally enacted

5-8

education aid.

5-9

     (3) Public charter schools shall comply with the assurances and reporting requirements

5-10

provided in the federal guidance for the (ARRA) allocation and by the commissioner of

5-11

elementary and secondary education.

5-12

     (i) There shall be deducted from the final aid payment to each school district any amounts

5-13

owed to the state at the end of the fiscal year for transportation of the district’s students under the

5-14

statewide transportation system established pursuant to R.I.G.L. 16-21.1-7 and 16-21.1-8.

5-15

Districts shall receive monthly invoices summarizing the basis of the transportation fees charged.

5-16

Any such deductions in aid shall be transferred to the statewide student transportation services

5-17

restricted receipt account.

5-18

     (j) The provisions of R.I.G.L. 16-26-7.1 notwithstanding, districts shall be assessed

5-19

tuition to cover the costs of educational services that are additional to the core deaf and hard of

5-20

hearing education program that is provided to resident students at the Rhode Island School for the

5-21

Deaf. This tuition shall be based on a graduated tuition schedule that is based on the varying

5-22

needs of students. The department of elementary and secondary education shall develop and

5-23

implement the schedule. Districts shall receive monthly invoices summarizing the basis for the

5-24

tuition charged. There shall be deducted from the final aid payment to each school district at the

5-25

end of the fiscal year any amounts owed to the state for these additional educational services.

5-26

     (i) (k) Children with disabilities. (1)  Based on its review of special education within the

5-27

context of Rhode Island school reform, the general assembly recommends addressing the needs of

5-28

all children and preventing disability through scientific research based, as described in the No

5-29

Child Left Behind Act of 2001, Title 1, Part B, Section 1208 [20 U.S.C. § 6368], reading

5-30

instruction and the development of Personal Literacy Programs for students in the early grades

5-31

performing below grade level in reading and implement a system of student accountability that

5-32

will enable the state to track individual students over time. Additionally, the department of

5-33

elementary and secondary education must provide districts with rigorous criteria and procedures

5-34

for identifying students with learning disabilities and speech/language impairments. Additional

6-1

study is required of factors that influence programming for students with low incidence

6-2

disabilities; those with disabilities that severely compromise life functions; and programming for

6-3

students with disabilities through urban special education. Alternatives for funding special

6-4

education require examination.

6-5

     (2) All departments and agencies of the state shall furnish any advice and information,

6-6

documentary and otherwise, to the general assembly and its agents that is deemed necessary or

6-7

desirable by the study to facilitate the purposes of this section.

6-8

      (l) For FY 2011, aid to school districts shall be reduced by the equivalent savings that are

6-9

realized due to a reduction of payments to the teachers' retirement system. The reduction for the

6-10

Chariho regional school district shall be prorated among the member communities. For FY 2011,

6-11

aid to school districts shall be further reduced by twenty million four hundred ninety thousand

6-12

one hundred thirty-seven dollars ($20,490,137) from the FY 2010 originally enacted level based

6-13

on the school district's share of total FY 2010 originally enacted education aid, including aid to

6-14

state schools and charter schools. For FY 2011, a distribution of federal stabilization funds made

6-15

available through the American Recovery and Reinvestment Act (ARRA), in the amount of

6-16

seventeen million four hundred thirty-one thousand nine hundred four dollars ($17,431,904), shall

6-17

be allocated to school districts proportionately based on their share of total FY 2010 originally

6-18

enacted education aid, including aid to state schools and charter schools.

6-19

     (f) (m) There shall be an appropriation to ensure that total aid distributed to communities

6-20

in FY 2010 2011 under this section and §§ 16-7.1-11.1, 16-64-1.1 and 16-77.1-2(b), excluding

6-21

any FY 2009 and FY 2010 Stabilization reappropriations, shall be as follows:

6-22

      FY 2011 Stimulus Fiscal

6-23

      General Revenues Stabilization Allocation

6-24

        Barrington 1,863,090 1,709,541 128,427 68,151

6-25

        Burrillville 12,928,167 12,723,172 684,478 326,139

6-26

        Charlestown 1,697,497 1,658,980 98,948 49,284

6-27

        Coventry 18,056,601 17,625,624 991,787 480,946

6-28

        Cranston 31,662,364 30,876,770 1,752,647 852,976

6-29

        Cumberland 11,829,002 11,534,855 654,948 318,784

6-30

        East Greenwich 1,503,975 1,277,951 96,326 49,760

6-31

        East Providence 24,499,858 23,891,690 1,328,384 640,267

6-32

        Foster 1,286,565 1,259,241 69,979 33,780

6-33

        Glocester 2,927,940 2,869,462 158,776 76,538

6-34

        Hopkinton 5,677,786 5,547,160 308,347 148,729

7-1

        Jamestown 398,901 373,118 26,278 13,728

7-2

        Johnston 9,596,568 9,351,204 531,110 258,452

7-3

        Lincoln 6,363,969 6,139,669 365,750 181,008

7-4

        Little Compton 296,650 279,301 18,221 9,269

7-5

        Middletown 9,533,084 9,312,401 518,598 250,345

7-6

        Narragansett 1,467,137 1,375,277 93,727 48,407

7-7

        Newport 10,744,683 10,528,468 586,477 283,585

7-8

        New Shoreham 64,987 53,154 5,254 2,926

7-9

        North Kingstown 10,631,113 10,344,125 592,155 289,005

7-10

        North Providence 12,081,507 11,787,482 661,166 320,061

7-11

        North Smithfield 4,344,329 4,226,827 238,830 115,855

7-12

        Pawtucket 62,176,676 61,160,994 3,311,223 1,582,330

7-13

        Portsmouth 5,923,071 5,806,300 331,008 161,798

7-14

        Providence 178,309,944 175,216,822 9,577,917 4,596,217

7-15

        Richmond 5,652,344 5,522,206 305,742 147,191

7-16

        Scituate 2,926,243 2,830,181 168,328 83,341

7-17

        Smithfield 4,992,643 4,759,547 283,754 139,730

7-18

        South Kingstown 9,224,287 8,942,714 521,147 255,978

7-19

        Tiverton 5,271,861 5,132,318 293,067 142,905

7-20

        Warwick 33,468,879 32,587,668 1,858,870 906,046

7-21

        Westerly 5,774,932 5,552,661 338,074 168,643

7-22

        West Warwick 18,738,108 18,369,914 1,009,842 485,338

7-23

        Woonsocket 44,074,702 43,237,525 2,342,811 1,118,508

7-24

        Bristol-Warren 18,764,456 18,411,506 1,009,726 484,936

7-25

        Exeter-West Greenwich 6,814,331 6,527,123 374,779 181,826

7-26

        Chariho 378,758 374,376 19,679 9,291

7-27

        Foster-Glocester 5,194,804 5,083,179 283,077 136,766

7-28

        Central Falls 42,507,399 41,852,580 2,167,539 1,013,065

7-29

     In addition to the amounts listed above, the department of elementary and secondary

7-30

education shall allocate monthly to each school district all funds received into the permanent

7-31

school fund pursuant to § 42-61.2-7, as amended by chapter 13 of the 2008 Public Laws entitled

7-32

"An Act Relating to State Affairs and Government", up to $14.1 million, in the same proportion

7-33

as the aid distribution in the FY 2009 enacted appropriations act.

7-34

     This special provision shall not limit entitlements as determined by application of other

8-1

formula provisions in this section.

8-2

       (g) (n) For FY 2009 payments to charter public schools shall be reduced by the

8-3

equivalent savings that are realized due to a reduction of payments to the teachers' retirement

8-4

system. The reduction for district sponsored charter schools shall be incorporated in the

8-5

sponsoring school district's aid as noted in subsection (f) (g). Aid to charter public schools shall

8-6

be reduced in the April quarterly payment. For FY 2009, charter public school funding is as

8-7

follows:

8-8

     Beacon Charter School 1,512,785

8-9

     Blackstone Academy 1,469,349

8-10

     Compass 614,485

8-11

     Paul Cuffee 4,449,006

8-12

     CVS Highlander 2,596,782

8-13

     International 2,863,818

8-14

     Kingston Hill Academy 736,784

8-15

     Learning Community 3,669,529

8-16

     NE Laborer's 1,508,866

8-17

     Textron 2,361,370

8-18

     Times 2 Academy 6,870,410

8-19

     (o) For FY 2011, payments to charter public schools shall be reduced by the equivalent

8-20

savings that are realized due to a reduction of payments to the teachers' retirement system. The

8-21

reduction for district sponsored charter schools shall be incorporated in the sponsoring schools

8-22

district's aid as noted in subsection (g). For FY 2011, payments to charter public schools shall be

8-23

further reduced by one million seventy-six thousand nine hundred forty-one dollars ($1,076,941)

8-24

from the FY 2010 originally enacted education aid based on the charter schools' share of total FY

8-25

2010 enacted education aid, including aid to school districts and state schools. For FY 2011, a

8-26

distribution of federal stabilization funds made available through the American Recovery and

8-27

Reinvestment Act (ARRA), in the amount of one million forty-eight thousand six hundred dollars

8-28

($1,048,600), shall be allocated to charter public schools proportionately based on their share of

8-29

total FY 2010 originally enacted education aid, including aid to school districts and state schools.

8-30

     SECTION 2. Section 16-7-23 of the General Laws in Chapter 16-7 entitled "Foundation

8-31

Level School Support" is hereby amended to read as follows:

8-32

     16-7-23. Community requirements -- Adequate minimum budget provision. -- (a)

8-33

The school committee's budget provisions of each community for current expenditures in each

8-34

budget year shall provide for an amount from all sources sufficient to support the basic program

9-1

and all other approved programs shared by the state. Each community shall contribute local funds

9-2

to its school committee in an amount not less than its local contribution for schools in the

9-3

previous fiscal year. Provided, that for the fiscal years 2010 and 2011 each community shall

9-4

contribute to its school committee in an amount not less than ninety-five percent (95.0%) of its

9-5

local contribution for schools for the fiscal year 2009. Calculation of the annual local contribution

9-6

shall not include Medicaid revenues received by the municipality or district pursuant to chapter 8

9-7

of title 40. A community which has a decrease in enrollment may compute maintenance of effort

9-8

on a per pupil rather than on an aggregate basis when determining its local contribution;

9-9

furthermore, a community which experiences a nonrecurring expenditure for its schools may

9-10

deduct the nonrecurring expenditure in computing its maintenance of effort. The deduction of

9-11

nonrecurring expenditures shall be with the approval of the commissioner. The courts of this state

9-12

shall enforce this section by writ of mandamus.

9-13

      (b) Whenever any state funds are appropriated for educational purposes, the funds shall

9-14

be used for educational purposes only and all state funds appropriated for educational purposes

9-15

must be used to supplement any and all money allocated by a city or town for educational

9-16

purposes and, in no event, shall state funds be used to supplant, directly or indirectly, any money

9-17

allocated by a city or town for educational purposes. All state funds shall be appropriated by the

9-18

municipality to the school committee for educational purposes in the same fiscal year in which

9-19

they are appropriated at the state level even if the municipality has already adopted a school

9-20

budget. All state and local funds unexpended by the end of the fiscal year of appropriation shall

9-21

remain a surplus of the school committee and shall not revert to the municipality. Any surplus of

9-22

state or local funds appropriated for educational purposes shall not in any respect affect the

9-23

requirement that each community contribute local funds in an amount not less than its local

9-24

contribution for schools in the previous fiscal year, subject to subsection (a) of this section, and

9-25

shall not in any event be deducted from the amount of the local appropriation required to meet the

9-26

maintenance of effort provision in any given year.

9-27

     SECTION 3. Sections 16-7-41 and 16-7-45 of the General Laws in Chapter 16-7 entitled

9-28

“Foundation Level School Support” are hereby amended to read as follows:

9-29

     16-7-41.  Computation of school housing aid. -- (a) In each fiscal year the state shall

9-30

pay to each community a grant to be applied to the cost of school housing equal to the following:

9-31

     The cost of each new school housing project certified to the commissioner of elementary

9-32

and secondary education not later than July 15 of the fiscal year shall be divided by the actual

9-33

number of years of the bond issued by the local community or the Rhode Island Health and

9-34

Educational Building Corporation in support of the specific project, times the school housing aid

10-1

ratio; and provided, further, with respect to costs of new school projects financed with proceeds

10-2

of bonds issued by the local community or the Rhode Island Health and Educational Building

10-3

Corporation in support of the specific project, the amount of the school housing aid payable in

10-4

each fiscal year shall not exceed the amount arrived at by multiplying the principal and interest of

10-5

the bonds payable in each fiscal year by the school housing aid ratio and which principal and

10-6

interest amount over the life of the bonds, shall, in no event, exceed the costs of each new school

10-7

housing project certified to the commissioner of elementary and secondary education. If a

10-8

community fails to specify or identify the appropriate reimbursement schedule, the commissioner

10-9

of elementary and secondary education may at his or her discretion set up to a five (5) year

10-10

reimbursement cycle for projects under five hundred thousand dollars ($500,000); up to ten (10)

10-11

years for projects up to three million dollars ($3,000,000); and up to twenty (20) years for

10-12

projects over three million dollars ($3,000,000).

10-13

        (b) Aid shall be provided for the same period as the life of the bonds issued in support

10-14

of the project and at the school housing aid ratio applicable to the local community at the time of

10-15

the bonds issued in support of the project.

10-16

        (c) Aid shall be paid either to the community or in the case of projects financed through

10-17

the Rhode Island Health and Educational Building Corporation, to the Rhode Island Health and

10-18

Educational Building Corporation or its designee including, but not limited to, a trustee under a

10-19

bond indenture or loan and trust agreement, in support of bonds issued for specific projects of the

10-20

local community in accordance with this section, § 16-7-40 and § 16-7-44. Notwithstanding the

10-21

preceding, in case of failure of any city, town or district to pay the amount due in support of

10-22

bonds issued on behalf of a city or town school project financed by the Rhode Island Health and

10-23

Educational Building Corporation, upon notification by the Rhode Island Health and Educational

10-24

Building Corporation, the general treasurer shall deduct the amount from aid provided under this

10-25

section, § 16-7-40 and § 16-7-44 due the city, town or district and direct said funding to the

10-26

Rhode Island Health and Educational Building Corporation or its designee.

10-27

        (d) Notwithstanding any provisions of law to the contrary, in connection with the

10-28

issuance of refunding bonds benefiting any local community, any net interest savings resulting

10-29

from the refunding bonds issued by such community or a municipal public buildings authority for

10-30

the benefit of the community or by the Rhode Island health and educational building corporation

10-31

for the benefit of the community, in each case in support of school housing projects for the

10-32

community, shall be allocated between the community and the state of Rhode Island, by applying

10-33

the applicable school housing aid ratio at the time of issuance of the refunding bonds, calculated

10-34

pursuant to § 16-7-39, that would otherwise apply in connection with school housing projects of

11-1

the community. In connection with any such refunding of bonds, the finance director or the chief

11-2

financial officer of the community shall certify such net interest savings to the commissioner of

11-3

elementary and secondary education. Notwithstanding § 16-7-44 or any other provision of law to

11-4

the contrary, school housing projects costs in connection with any such refunding bond issue shall

11-5

include bond issuance costs incurred by the community, the municipal public buildings authority

11-6

or the Rhode Island health and educational building corporation, as the case may be, in

11-7

connection therewith. In connection with any refunding bond issue, school housing project costs

11-8

shall include the cost of interest payments on such refunding bonds, if the cost of interest

11-9

payments was included as a school housing cost for the bonds being refunded. A local community

11-10

or municipal public buildings authority shall not be entitled to the benefits of this subsection (d)

11-11

unless the net present value savings resulting from the refunding is at least three percent (3%) of

11-12

the refunded bond issue.

11-13

        (e) Any provision of law to the contrary notwithstanding, the commissioner of

11-14

elementary and secondary education shall cause to be monitored the potential for refunding

11-15

outstanding bonds of local communities or municipal public building authorities or of the Rhode

11-16

Island Health and Educational Building Corporation issued for the benefit of local communities

11-17

or municipal public building authorities and benefiting from any aid referenced in this section. In

11-18

the event it is determined by said monitoring that the net present value savings which could be

11-19

achieved by refunding such bonds of the type referenced in the prior sentence including any

11-20

direct costs normally associated with such refundings is equal to (i) at least one hundred thousand

11-21

dollars ($100,000) and (ii) for the state and the communities or public building authorities at least

11-22

three percent (3%) of the bond issue to be refunded including associated costs then, in such event,

11-23

the commissioner (or his or her designee) may direct the local community or municipal public

11-24

building authority for the benefit of which the bonds were issued, to refund such bonds. Failure of

11-25

the local community or municipal public buildings authority to timely refund such bonds, except

11-26

due to causes beyond the reasonable control of such local community or municipal public

11-27

building authority, shall result in the reduction by the state of the aid referenced in this § 16-7-4.1

11-28

associated with the bonds directed to be refunded in an amount equal to ninety percent (90%) of

11-29

the net present value savings reasonably estimated by the commissioner of elementary and

11-30

secondary education (or his or her designee) which would have been achieved had the bonds

11-31

directed to be refunded been refunded by the ninetieth (90th) day (or if such day is not a business

11-32

day in the state of Rhode Island, the next succeeding business day) following the date of issuance

11-33

of the directive of the commissioner (or his or her designee) to refund such bonds. Such reduction

11-34

in the aid shall begin in the fiscal year following the fiscal year in which the commissioner issued

12-1

such directive for the remaining term of the bond.

12-2

        (f) Payments shall be made in accordance with § 16-7-40 and this section.

12-3

      16-7-45. Annual appropriations. -- The general assembly shall annually appropriate

12-4

those sums that it may deem necessary to carry out the purposes of §§ 16-7-35 to 16-7-47, and the

12-5

state controller is authorized and directed to draw his or her orders upon the general treasurer for

12-6

the payment of the sum, or so much of it as may be required from time to time, upon the receipt

12-7

by the controller of properly authenticated vouchers. In the event that the full amount of housing

12-8

aid has not been appropriated in a particular fiscal year, school housing aid will not be ratably

12-9

reduced. In such cases, aid computed for school housing costs for debt service which has been

12-10

paid by the local community prior to project completion will be deferred. Such aid will be paid

12-11

within three (3) equal installments beginning the fiscal year after project completion. This

12-12

deferral provision shall only be applicable if the computed aid for debt service paid by the local

12-13

community prior to project completion exceeds five hundred thousand dollars ($500,000).

12-14

     SECTION 4. Section 16-5-34 of the General Laws in Chapter 16-5 entitled “State Aid” is

12-15

hereby repealed.

12-16

     16-5-34. Statewide purchasing system. -- The department of elementary and secondary

12-17

education, pursuant to the collaborative established in Rhode Island General Laws § 6-2-9.2

12-18

along with the department of administration, shall develop a plan for the establishment and

12-19

implementation of a statewide purchasing system for all public schools in this state. Said

12-20

statewide purchasing system shall develop requests for proposals relating to goods and services to

12-21

enhance and support the mission of public schools and public education in general throughout this

12-22

state, including, but not limited to, the purchase of the following goods, supplies, and services:

12-23

     (a) General school supplies such as paper goods, office supplies, and cleaning products

12-24

that are or may be utilized by school departments;

12-25

     (b) Textbooks, telecommunications, wireless services, and software that have been

12-26

identified by local school departments as needed to support local curriculum objectives;

12-27

     (c) A statewide school transportation system for children with special needs. Local school

12-28

departments shall be eligible to participate in this system by purchasing transportation services on

12-29

a fee-for-service basis. It is stated herein that the goals and intent of establishing this state-wide

12-30

transportation system shall be as follows:

12-31

     (1) To reduce the duplication of bus routes;

12-32

     (2) To improve services to children through the development of shorter, more efficient

12-33

routes that minimize the amount of time spent by the student traveling on school transportation to

12-34

and from school and school-related/sponsored activities; and

13-1

     (3) To reduce transportation costs to local educational authorities through greater

13-2

efficiency and cost-effective measures.

13-3

     (d) General non-medical and dental insurance products and services, provided however,

13-4

     that the statewide purchasing system shall permit districts to establish their own benefit

13-5

and coverage levels.

13-6

     (e) The department of elementary and secondary education, in collaboration with the

13-7

     department of administration, shall also develop policies and procedures to reduce the

13-8

cost of health care insurance to local school departments by developing a collaborative process

13-9

which shall include local educational authorities and representatives of local educational unions

13-10

in discussions of cost saving efficiencies that could be achieved by including these employees in

13-11

a state health insurance contract.

13-12

     SECTION 5. Chapter 16-60 of the General Laws entitled “Board of Regents for

13-13

Elementary and Secondary Education” is hereby amended by adding thereto the following

13-14

section:

13-15

     16-60-7.3. Statewide purchasing system and programs. – (a) The department of

13-16

elementary and secondary education, together with the department of administration, is

13-17

authorized to develop and implement a voluntary statewide purchasing system for all public

13-18

schools in this state, including regional school districts. Said system may be utilized for the

13-19

purchase of all goods, supplies and services to support and enhance public school operations

13-20

under a statewide contract, and shall include, but not be limited to, the following goods, supplies

13-21

and services:

13-22

     (1) General school supplies such as paper goods, office supplies, textbooks and cleaning

13-23

products that are or may be utilized by school departments;

13-24

     (2) Telecommunications, wireless services, computer equipment, hardware and software

13-25

that have been identified by local school departments as needed to support curriculum objectives;

13-26

     (3) General non-medical and dental insurance products and services; provided however,

13-27

that the statewide purchasing system shall permit districts to establish their own benefit and

13-28

coverage levels.

13-29

     (b) Notwithstanding the provisions of any general or public law to the contrary, including

13-30

the provisions of chapter 2 of title 37, the department of elementary and secondary education and

13-31

local and regional school districts are authorized to participate in purchasing collaboratives,

13-32

consisting of two (2) or more states. Said participation shall be subject to prior approval of the

13-33

chief purchasing officer and rules and regulations promulgated by the department.

13-34

     SECTION 6. Section 37-2-56 of the General Laws in Chapter 37-2 entitled “State

14-1

Purchases” is hereby amended to read as follows:

14-2

      37-2-56. Purchasing for municipalities and regional school districts. -- (a) Any

14-3

municipality or regional school district of the state may participate in state master price

14-4

agreement contracts for the purchase of materials, supplies, services and equipment entered into

14-5

by the purchasing agent, provided, however, that the contractor is willing, when requested by the

14-6

municipality or school district, to extend the terms and conditions of the contract and that the

14-7

municipality or school district will be responsible for payment directly to the vendor under each

14-8

purchase contract. Unless a state contract is the result of an intergovernmental cooperative

14-9

purchase contract to which a municipality or school district is a party, the purchasing agent shall

14-10

not compel a successful bidder to extend the same terms and conditions to a municipality or

14-11

school district. However, the purchasing agent may, in the interest of obtaining better pricing on

14-12

behalf of the state and local entities, solicit offers based upon anticipated master price agreement

14-13

utilization by municipalities and school districts.

14-14

     SECTION 7. This article shall take effect upon passage.

     

Article-013-SUB-A-as-amended