§ 16-7.2-3. Permanent foundation education aid established.
(a) Beginning in the 2012 fiscal year, the following foundation education-aid formula
shall take effect. The foundation education aid for each district shall be the sum
of the core instruction amount in subsection (a)(1) of this section and the amount
to support high-need students in subsection (a)(2) of this section, which shall be
multiplied by the district state-share ratio calculated pursuant to § 16-7.2-4 to determine the foundation aid.
(1) The core instruction amount shall be an amount equal to a statewide, per-pupil core
instruction amount as established by the department of elementary and secondary education,
derived from the average of northeast regional expenditure data for the states of
Rhode Island, Massachusetts, Connecticut, and New Hampshire from the National Center
for Education Statistics (NCES) that will adequately fund the student instructional
needs as described in the basic education program and multiplied by the district average
daily membership as defined in § 16-7-22. Expenditure data in the following categories: instruction and support services for
students, instruction, general administration, school administration, and other support
services from the National Public Education Financial Survey, as published by NCES,
and enrollment data from the Common Core of Data, also published by NCES, will be
used when determining the core instruction amount. The core instruction amount will
be updated annually. For the purpose of calculating this formula, school districts'
resident average daily membership shall exclude charter school and state-operated
school students.
(2) The amount to support high-need students beyond the core instruction amount shall
be determined by:
(i) Multiplying a student success factor of forty percent (40%) by the core instruction
per-pupil amount described in subsection (a)(1) of this section and applying that
amount for each resident child whose family income is at or below one hundred eighty-five
percent (185%) of federal poverty guidelines, hereinafter referred to as "poverty
status.â€� By October 1, 2022, as part of its budget submission pursuant to § 35-3-4 relative to state fiscal year 2024 and thereafter, the department of elementary and
secondary education shall develop and utilize a poverty measure that in the department's
assessment most accurately serves as a proxy for the poverty status referenced in
this subsection and does not rely on the administration of school nutrition programs.
The department shall utilize this measure in calculations pursuant to this subsection
related to the application of the student success factor, in calculations pursuant
to § 16-7.2-4 related to the calculation of the state share ratio, and in the formulation of estimates
pursuant to subsection (b) below. The department may also include any recommendations
which seek to mitigate any disruptions associated with the implementation of this
new poverty measure or improve the accuracy of its calculation. Beginning with the
FY 2024 calculation, students whose family income is at or below one hundred eighty-five
percent (185%) of federal poverty guidelines will be determined by participation in
the supplemental nutrition assistance program (SNAP). The number of students directly
certified through the department of human services shall be multiplied by a factor
of 1.6; and
(ii) Multiplying a multilingual learner (MLL) factor of twenty percent (20%) by the core
instruction per-pupil amount described in subsection (a)(1) of this section, applying
that amount for each resident child identified in the three lowest proficiency categories
using widely adopted, independent standards and assessments in accordance with subsection
(f)(1) of this section and as identified by the commissioner and defined by regulations
of the council on elementary and secondary education. Local education agencies shall
report annually to the department of elementary and secondary education by September
1, outlining the planned and prior year use of all funding pursuant to this subsection
to provide services to MLL students in accordance with requirements set forth by the
commissioner of elementary and secondary education. The department shall review the
use of funds to ensure consistency with established best practices.
(b) The department of elementary and secondary education shall provide an estimate of
the foundation education aid cost as part of its budget submission pursuant to § 35-3-4. The estimate shall include the most recent data available as well as an adjustment
for average daily membership growth or decline based on the prior year experience.
(c) In addition, the department shall report updated figures based on the average daily
membership as of October 1 by December 1.
(d) Local education agencies may set aside a portion of funds received under subsection
(a) to expand learning opportunities such as after school and summer programs, full-day
kindergarten and/or multiple pathway programs, provided that the basic education program
and all other approved programs required in law are funded.
(e) The department of elementary and secondary education shall promulgate such regulations
as are necessary to implement fully the purposes of this chapter.
(f)(1) By October 1, 2023, as part of its budget submission pursuant to § 35-3-4 relative to state fiscal year 2025, the department of elementary and secondary education
shall evaluate the number of students by district who qualify as multilingual learner
(MLL) students and MLL students whose family income is at or below one hundred eighty-five
percent (185%) of federal poverty guidelines. The submission shall also include segmentation
of these populations by levels as dictated by the WIDA multilingual learner assessment
tool used as an objective benchmark for English proficiency. The department shall
also prepare and produce expense data sourced from the uniform chart of accounts to
recommend funding levels required to support students at the various levels of proficiency
as determined by the WIDA assessment tool. Utilizing this information, the department
shall recommend a funding solution to meet the needs of multilingual learners; this
may include but not be limited to inclusion of MLL needs within the core foundation
formula amount through one or multiple weights to distinguish different students of
need or through categorical means.
(2) By October 1, 2024, as part of its budget submission pursuant to § 35-3-4 relative to state fiscal year 2026, the department of elementary and secondary education
shall develop alternatives to identify students whose family income is at or below
one hundred eighty-five percent (185%) of federal poverty guidelines through participation
in state-administered programs, including, but not limited to, the supplemental nutrition
assistance program (SNAP), and RIteCare and other programs that include the collection
of required supporting documentation. The department may also include any recommendations
that seek to mitigate any disruptions associated with implementation of this new poverty
measure or improve the accuracy of its calculation.
(3) The department shall also report with its annual budget request information regarding
local contributions to education aid and compliance with §§ 16-7-23 and 16-7-24. The report shall also compare these local contributions to state foundation education
aid by community. The department shall also report compliance to each city or town
school committee and city or town council.
(4) By October 1, 2025, as part of its budget submission pursuant to § 35-3-4 relative to state fiscal year 2027, the department of elementary and secondary education
shall submit a report developed in coordination with the department of administration
and the Rhode Island longitudinal data system within the office of the postsecondary
commissioner. The report shall provide an overview of the process for matching the
department of human services program participation data to the department of elementary
and secondary education student enrollment records for use in the education funding
formula and recommend methods to ensure consistency and accuracy in future matching
processes.
(5) As part of its FY 2027 budget submission, the department shall also submit an estimate
of foundation education aid that uses expanded direct certification with Medicaid
matching in consultation with the Rhode Island longitudinal data system and the executive
office of health and human services to identify students whose family income is at
or below one hundred eighty-five percent (185%) of federal poverty guidelines, in
addition to an estimate under the current law poverty determination.
(6) By December 31, 2025, the department of elementary and secondary education shall also
develop and submit a report to the governor, speaker of the house, and senate president
on current and recommended processes to ensure the consistency and validity of submitted
high-cost special education data from local education agencies.