Article 31

CHAPTER 16-7.1  The Rhode Island Student Investment Initiative (Article 31)
16-7.1-1	Legislative Findings
16-7.1-2	Accountability for Student Performance
16-7.1-3	Accountability for District and School Expenditures
16-7.1-4	Annual Report by the Commissioner of Education
16-7.1-5	Intervention and Support for Failing Schools
16-7.1-6	Core Instruction Equity Fund
16-7.1-7	Deleted
16-7.1-8	Student Equity Investment Fund
16-7.1-9	Student Language Assistance Investment Fund
16-7.1-10	Professional Development Investment Fund
16-7.1-11	Early Childhood Investment Fund
16-7.1-12	Student Technology Investment Fund
16-7.1-13	State Leadership in Conducting Annual Assessments of Student Performance
16-7.1-14	Joint Commission
16-7.1-15	The Rhode Island Student Investment Initiative
16-7.1-16	Targeted School Aid
16-7.1-17	Urban After-School Programs
16-7.1-18	Funding
16-7.1-23	Community Requirements
16-8-10.1	Mandatory School Breakfast Program
New Sections for FY 2000

 

16-7.1-1    Legislative findings

(A) The intent of this legislation is to enact a comprehensive state education aid funding program which addresses four (4) fundamental principles:

(1) Closing the inequitable resource gaps among school districts and schools;

(2) Closing inequitable gaps in performance and achievement among different groups of students, especially those correlated with poverty, gender, and language background;

(3) Targeting investments to improve student and school performance;

(4) And establishing a predictable method of distributing state education aid in a manner that addresses the over-reliance on the property tax to finance education.

This legislation is further designed to accelerate the implementation of the State Comprehensive Education Strategy. The strategy is an action plan for ensuring that all children achieve at high levels and become lifelong learners, productive workers, and responsible citizens. The standard for expected student achievement is currently being set at a high level both by the board of regents and in Rhode Island's districts and schools. High standards must be supported and these expectations must now be reached by all our students. All the state's children must enjoy the success that comes with proficiency in skill and knowledge.

(B) Evaluation of Success. - Improved student and school performance is the key measure of the success of Rhode Island's schools. This success cannot occur without investment based on the four fundamental principles as stated in section 16-7-1.1. The success of these investments shall be evaluated based on: accountability for student and school performance; accountability in terms of whether the state's investment is sufficiently adequate and equitable to support such improvement in performance; and on accountability for district and school expenditures.

16-7.1-2   Accountability for student performance

The board of regents shall adopt and publish statewide standards of performance and performance benchmarks in core subject areas to include writing and mathematics (grades 4, 8 and 10). These standards and performance benchmarks shall be ratified by the board and implemented by December 31, 1997. By December 31, 1998, performance standards and performance benchmarks for reading in two grades shall be added.
Districts and schools need to be held accountable for student performance results. Therefore, every school district receiving state education aid under Title 16 of the general laws shall develop a district strategic plan. The district strategic plan shall: be based on high academic standards for student performance consistent with the Statewide standards and benchmarks; be the product of a shared community wide process which defines a vision of what students should know and be able to do; address the needs of each school in the district; encourage the development of school-based improvement planning and implementation; include a process for mentoring of new teachers; be designed to improve student achievement with emphasis on closing the performance gaps among groups of students such as the performance gaps correlated with poverty, gender, and language background;, and disability; include establishment of student intervention teams to address the instructional needs of diverse learners, and an asset protection plan; and be consistent with Rhode Island's Comprehensive Education Strategy. In order to assure the most efficient use of resources in implementing strategic plans, districts and schools are encouraged to work together as consortia and as part of the regional collaboratives.

The strategic plan shall include strategies to improve the performance of students in mathematics, reading, and writing. These strategies shall be based on the adequate yearly progress expected for students and schools. Annual performance targets for determining whether schools and districts have made adequate yearly progress will be set by the commissioner of education. The general assembly expects these district strategies to increase the number of fourth grade students performing at or above the proficient standard in mathematics, reading and writing in each district and school. In fiscal 1998-99 and beyond, the increase shall be established annually in accordance with section 16-7.1-4.

Each strategic plan must indicate the manner in which self-studies will be completed at the school level in accordance with guidelines established by the commissioner. Funds shall be appropriated to the Department of Elementary and Secondary Education to assist districts with on-site reviews. Schools to be visited shall be determined by the Commissioner.

Each strategic plan shall include the development of inter-agency agreements for the coordination of services among state and local agencies responsible for service to children and families. These agreements shall address the identification and provision of services to preschool children with disabilities and children and youth with behavioral health care needs.

All district strategic plans and annual updates shall be submitted to the commissioner of education no later than November 1 of each year.

16-7.1-3    Accountability for district and school expenditures

By June 30, 1998, all school districts shall implement a uniform program to track educational expenditures and investments. To ensure that each district's report on educational expenditures accurately reflects actual experience, the business office in each school district shall annually declare that the facts and figures presented in the district expenditure report are accurate to the best of their knowledge. In addition, each school committee shall annually ratify the district expenditure report and transmit the report to the commissioner of education no later than November 1 of each year. Furthermore, the commissioner of education in conjunction with the Rhode Island Association of School Business Officials shall determine the feasibility of and implement when appropriate a standard chart of accounts for all school districts. If implemented, the municipalities shall integrate use of this chart of accounts with municipal accounts as appropriate.

16-7.1-4    Annual report by the commissioner of education

On or before March 1 of each year, the commissioner of education shall annually publish a report detailing school district and individual school performance consistent with section 16-60-4(22) of the general laws. This report shall also set annual performance benchmarks. Also, the commissioner of education shall report to the house of representatives and the senate, sitting as the grand committee, no later than March 1 of each year, the status of district and school performance, status of the level of the state's investment in education, and the status of district and school expenditures.

16-7.1-5    Intervention and support for failing schools

The Board of Regents shall adopt a series of progressive support and intervention strategies consistent with the Comprehensive Education Strategy and the principles of the "School Accountability for Learning and Teaching" (SALT) of the Board of Regents for those schools and school districts that continue to fall short of performance goals outlined in the district strategic plans. Such strategies shall initially focus on: (1) technical assistance in improvement planning, curriculum alignment, student assessment, instruction, and family and community involvement; (2) policy support; and (3) creating supportive partnerships with education institutions, business, governmental or other appropriate nonprofit agencies. If after a three-year period of support there has not been improvement in the education of students as determined by objective criteria to be developed by the Board of Regents, then there shall be progressive levels of control by the Rhode Island Department of Education over the school and/or district budget, program, and/or personnel. Such control by the Rhode Island Department of Education may be exercised in collaboration with the school district and the municipality. If further needed, the school shall be reconstituted. Such reconstitution responsibility is hereby delegated to the Board of Regents and may range from restructuring the school's governance, budget, program, personnel, and/or may include decisions regarding the continued operation of the school. The Board of Regents shall assess the district's capacity and may recommend the provision of additional district, municipal and/or state resources. If a school or school district is under the Board of Regents' control as a result of actions taken by the Board pursuant to this section, the local school committee shall be responsible for funding that school or school district at the same level as in the prior academic year increased by the same percentage as the state total of school aid is increased.

16-7.1-6    Core instruction equity fund

The general assembly recognizes that Rhode Island cities and towns primarily rely on the local property tax to finance education programs, and that the state's highest effective property tax rates are concentrated in the state's urban communities. Therefore, certain communities, because of low tax capacity and high tax effort, are unable to appropriate sufficient funds for the support of core instructional programs. The general assembly also recognizes the need to reduce inequities in resource distribution among the state's cities and towns as well as among the state's districts and schools. Therefore, the general assembly hereby establishes the Core Instructional Equity Fund to improve the capacity of cities and towns to support the core instruction activities that are the basis of daily teaching and learning in all classrooms. The general assembly shall annually appropriate and distribute some sum to meet these needs. The sum shall be distributed based upon the following formula:

(a) Data:
Data used for the following calculations are defined as follows:

(1) population (state and municipal) shall be included from the most recent census;

(2) equalized weighted assessed valuation (EWAV) from the most recently completed and certified study pursuant to 16-77-21;

(3) most recent tax data certified by the local assessors to the department of administration, and core instructional per pupil cost as determined by the Commissioner of Elementary and Secondary Education;

(4) most recent resident average daily membership (RADM) pursuant to 16-7-22;

(b) Methodology:
Community Property Tax Capacity Index Calculation:
Calculate statewide tax rate;

Step 1: total statewide property tax yield/total statewide property tax base (ewav) = state average tax rate;

Step 2: calculate statewide yield per capita;
Total statewide property tax yield/state population (most recent census) = state property tax yield per capita;

Step 3: calculate municipal property tax yield per capita:
Municipal property tax yield/population = municipal property tax yield per capita;

Step 4: calculate municipal property tax capacity;
(municipal property tax yield per capita/state property tax yield per capita) * 100 = Community property tax capacity index;
Total Tax Capacity Index Calculation;

Step 5: calculate community hypothetical property tax yield per capita; (Statewide tax rate * municipal property tax base (ewav))/ Community population = Hypothetical community property tax yield per capita;

Step 6: calculate total tax capacity index;
(Hypothetical municipal yield per capita/State average property tax yield per capita) * 100 = total tax capacity index;
Tax Effort Index Calculation;
Calculate property tax effort calculation;

Step 7: (Municipal property tax yield per capita/hypothetical municipal property tax yield per capita) * 100 = Property Tax Effort Index
Capacity/Effort Index;
Calculation of the equity index;

Step 8: Property tax capacity index/tax effort index = Equity index;
Instructional Cost Per Pupil;
Calculate the instructional cost per RADM;

Step 9: core instructional district cost/district RADM = per pupil core instructional district cost;

Step 10: select the statewide median per pupil instructional cost;

Step 11: state median per pupil core instructional cost - district per pupil core instructional cost = core gap;

Step 12: core gap * RADM = weighted difference.
Eligibility to receive funds - only those districts which have a gap in instructional core funding and which have capacity of less than 0.50 per the equity index are eligible to receive funds under this provision.

16-7.1-7 Deleted

16-7.1-8    Student Equity Investment Fund

The general assembly recognizes the need to improve fourth grade performance in mathematics, reading, and writing. Therefore, the general assembly hereby establishes the Student Equity Investment Fund to target students identified as those requiring additional educational services. The general assembly shall annually appropriate some sum and distribute based on each district's proportion of children eligible for USDA reimbursable school meals relative to the total number of such students statewide. For the purposes of this section, the date as of such eligibility for USDA reimbursable meals shall be determined by the June report of the reference year as defined in section 16-7-16. These resources shall be used to close student performance gaps in accordance with the district's strategic plan pursuant to 16-7.1-2.

16-7.1-9    Student Language Assistance Investment Fund

The general assembly recognizes the strength Rhode Island's growing cultural diversity brings the overall economic and social health of the state. Therefore, the general assembly hereby establishes the Student Language Assistance Investment Fund to target state resources to assist students that require additional language educational services. The general assembly shall annually appropriate some sum and distribute based on each district's proportion of full time equivalent limited English proficiency students statewide in the reference year as defined in 16-7-16. For purposes of this section, full time equivalent for limited English proficiency students shall be defined in section 16-54-4 of the general laws. These resources shall be used to close student performance gaps in accordance with the district's strategic plan pursuant to 16-7.1-2.

16-7.1-10    Professional development investment fund

In order to continue developing the skills of Rhode Island's teachers and staff, the general assembly hereby establishes a Professional Development Investment Fund. The general assembly shall annually appropriate some sum and distribute based on a pupil-teacher ratio which shall be adjusted annually by the commissioner of education. School districts may use funds received under this category of education aid to replace up to, but no more than, fifty percent (50%) of the amount the school district spent for professional development programs in the previous fiscal year. The expenditure of these funds shall be determined by a committee at each school consisting of the school principal; two teachers selected by the teaching staff of the school and two parents of students attending the school. Collaborative programs between schools are encouraged. These resources shall be used to close student performance gaps in accordance with the school's and district's strategic plan pursuant to section 16-7.1-2. Of the funds appropriated by the general assembly for professional development five hundred and fifty five thousand dollars ($555,000) representing fourteen and three-tenths of one percent (14.3%) of the amount allocated to each district in this investment fund, shall be retained by the department of elementary and secondary education to support teacher professional development in all districts including but not limited to:

(1) supporting mentoring systems; 

(2) providing school districts with program support to assist teachers in local school districts to improve reading instruction and enhance the integration of reading throughout the curriculum with the goal of improving student performance to high standards;

(3) support for the design and implementation of a system for the training of school leaders; and 

(4) support for the national board certification of teachers and grants for coordination and support of school based teacher professional development.

16-7.1-11    Early Childhood Investment Fund

The general assembly hereby establishes the Early Childhood Student Investment Fund to provide schools and teaching staff for the early grades with resources to begin improving student performance and to provide early care and pre-kindergarten programs. The general assembly shall annually appropriate some sum and distribute based on each district's proportion of their average daily membership for grades kindergarten through and including third grade in the reference year as defined in section 16-7-16 relative to the statewide average daily membership for the same grades in the same fiscal year. For purposes of this section, average daily membership for grades kindergarten through and including third grade shall be defined in section 16-7-22. These resources shall be used to close student performance gaps in accordance with the district's strategic pan pursuant to section 16-7.1-2. These early childhood investment funds shall be used in coordination with the literacy set-aside funds (chapter 67 of this title). In addition, these funds may be used for early childhood pilot programs, including Child Opportunity Zones (COZs), that; 

(a) combine and/or leverage some or all of the following state, federal and/or local funds insofar as allowable; student equity investment fund; literacy set-aside; special education funds; Title I funds; and any other appropriate funds; 

(b) that focus on beginning to improve student performance through developmentally appropriate early childhood education and integrated social and health service support. 

Funding emphasis for early childhood programs shall be given by the districts to the schools serving concentrations of at-risk students and shall be integrated with programs for special needs students; all day kindergarten programs may be funded; and school links shall be made with programs and students to facilitate full assessment of students' school readiness and needs prior to entry into first grade and to help receiving schools meet the entering child's needs. Programs shall include the development and expansion of child care providers, the development of innovative start-up arrangements linked to small businesses, the development of programs and providers in geographically underserved areas, the establishment of before and after school programs with priority to be given to programs linked to schools, to infant/toddler programs, programs related to child opportunity zone family centers, and programs that serve children with special health needs or developmental risks. A district may not fund any program that does not meet standards as established by the Board of Regents. Districts may contract for services with programs which meet Board of Regents standards. Any program which receives funds under this section must keep records on the children's attendance and progress so that data will be available to conduct longitudinal studies.

16-7.1-12    Student technology investment fund

The general assembly hereby establishes the Student Technology Investment Fund to provide schools and teaching staff with up-to-date educational technology and training to help students meet the demands of the 21st century. Rhode Island's Comprehensive Education Strategy calls for providing support to all schools for educational technology. The funds may be used for: curriculum development to improve teaching and learning, in-service professional development to support the effective use of technology in schools; and infrastructure requirements such as equipment, technology related instructional materials, software and networking of systems. These resources shall be used to close student performance gaps in accordance with the district's strategic plan pursuant to section 16-7.1-2 and be consistent with the technology plan of the Rhode Island Comprehensive Strategy. The general assembly shall annually appropriate some sum and distribute based on each district's proportion of their average daily membership in the reference year as defined in section 16-7-16. For purposes of this section, average daily membership shall be defined in section 16-7-22. School districts may use funds received under this category of education aid to replace up to, but no more than, thirty five percent (35%) of the amount the school district spent for technology related expenditures in the previous fiscal year. District plans for the use of technology shall be reviewed by the legislative technology task force.

16-7.1-13    State leadership in conducting annual assessments of student performance

Setting high standards for student performance must be paired with related assessments that will determine what progress the state is making toward bringing all children to high levels of achievement. A state assessment program shall be continued and expanded in core areas (mathematics, reading, writing and health). The program shall include performance standards and an annual report which disaggregates performance by race, poverty, native language and gender. The general assembly shall annually appropriate funds to support the programs. The amount for fiscal 1998 is $1,093,043 and shall be recalculated annually. The commissioner of education shall implement the state assessment program.

16-7.1-14    Joint Commission

The special joint commission established in section 16-79-2 supports the funding program established in section 16-7.1-15 and shall continue to assess its effectiveness as a comprehensive state education aid funding program. The commission will examine the needs of pre-kindergarten aged children and adult education programs. The commission will also examine compensation and benefit programs of persons employed in public education.

16-7.1-15    The Rhode Island Student Investment Initiative

Each locally or regionally operated school district shall receive as a base the same amount of school aid in all subsequent fiscal years as each district received in fiscal year 1997-1998. Each school district shall also receive school aid through each investment fund for which that district qualifies pursuant to sections 16-7.1-6, 16-7.1-8, 16-7.1-9, 16-7.1.10, 16-7.1-11, 16-7.1.12 and 16-7.1-16. These sums shall be in addition to the base amount described in this section. The total school aid distributed under this section in FY 2000 shall constitute not less than a 3.5 percent increase or more than a 13.5 percent increase in the aid distributed under this section in FY 1999 and each district shall receive the increase or decrease in aid necessary to meet this minimum or maximum funding level. Additionally, for FY 2000, any community with a tax effort index below 1.0 as calculated pursuant to 16-7.1-6 shall receive not less than a 6.75 percent increase in aid distributed under this section in FY 1999. Calculation and distribution of education aid under 16-5-31, 16-5-32, 16-7-20, 16-7-20.5, 16-7-34.2, 16-7-34.3, 16-24-6, 16-54-4 and 16-67-4 is hereby suspended. The funding of the purposes and activities of Chapter 67, the Rhode Island Literacy and Dropout Prevention Act of 1987, shall be the same amount of the base amount of each district funded for that purpose in fiscal year 1997-1998. In addition each district shall expend three (3) percent of its student equity and early childhood funds under the provisions of chapter 67.

16-7.1-16    Targeted School Aid

In addition to those funds described in 17-7.1-15, each district with a tax effort index below 1.0 as calculated pursuant to 16-7.1-6 and with a free and reduced lunch count in grades K-3 greater than forty percent (40%) shall receive targeted school aid. Districts shall be eligible for aid based on the proportion that their average daily membership bears to the total average daily membership of districts eligible for aid under this section. The local school district shall determine the amount it proposes to spend on the program priorities referred to in this section and such programs and proposed expenditures shall be a part of the district's strategic plan and/or annual updates required under 16-7.1-2.
The commissioner may require a school district to reserve up to five percent of its targeted aid for intervention remedies. If however by March 1, the amount reserved is not expended or expected to be spent in the academic year, then the district may expend the funds in accordance with the priorities of this section and with the approval of the commissioner. In addition, there shall be an appropriation for comprehensive on-site school reviews and other accountability measures which the commissioner deems appropriate in accordance with policies and procedures to be determined by the commissioner and to carry out the purposes of 16-7.1-2. The commissioner may give priority to districts receiving targeted funds for the use of this appropriation.

Districts may use targeted funds in new or expanded programs for early childhood education; helping schools to improve instruction to meet high standards; reducing class size at the elementary level; after school programming for middle schools, junior and senior high schools in accordance with 16-7.1-17; establishing and implementing innovative organizations and methods of instruction at the middle, junior high, and/or high school levels; child opportunity zones; teacher mentoring; curriculum revision to meet new standards; school and district intervention; or other programs which the commissioner believes will result in increased student performance.

16-7.1-17    Urban after-school programs

(a) There is hereby established an after-school program for middle schools, junior, and senior high schools to be administered by the Rhode Island Department of Elementary and Secondary Education.

(b) Each district receiving targeted funds under this section must use a portion of these funds to establish programs as defined herein at the middle or junior high school level and may establish a program at the senior high school level. Each program shall be located in or near middle schools or junior or senior high schools in school districts which are identified as "at risk" by the legislature in accordance with section 16-7.1-16 and which have an equity index below one (1). The purpose of the programs is to provide students an opportunity to engage in a gainful activity, such as an athletic, cultural, arts, academic, community service, remediation, and/or career exploration activity after-school or during the time the schools are not in session. Districts may contract for services with programs which meet Board of Regents standards. The commissioner may require that districts which receive targeted funds establish these programs either district-wide or at an individual school within the district. Nothing contained herein shall prevent the commissioner from interpreting middle or junior high school to mean middle or junior high school age.

(c) The Department of Elementary and Secondary Education is hereby authorized to promulgate rules and regulations for the administration and monitoring of the programs for providing any assistance to plan and design the programs, and for annually performing an evaluation of the overall quality of the after-school programs. Qualifying school districts will be required to submit a plan and other reports as may be requested relating to the use of the after-school program funds to the Commissioner of Education.

16-7.1-18    Funding

Funding of the investment funds enumerated in section 16-7.1-6, 16-7.1-8, 16-7.1-9, 16-7.1-10, 16-7.1-11 and 16-7.1-12 shall be by funds set aside from the state operations aid to be provided to school districts in the same manner as funds set aside and provided to school districts pursuant to chapter 67 of title 16 for literacy programs. The amount to be set aside will be that amount designated for each investment fund in the state budget as enacted. The funds thus set aside and provided to school districts shall be restricted to be used for the purposes required by the terms of section 16-7.1-6, 16-7.1-8, 16-7.1-9, 16-7.1-10, 16-7.1-11 and 16-7.1-12. The full set aside amount will be available for use by the school district. Use of this set aside amount is restricted to the purposes enumerated above and must be based on the strategic plan required to be submitted by local school districts to the department of elementary and secondary education by chapter 7.1 of title 16.

Revisions To Other Chapters of Title 16

16-7.1-23    Community Requirements

Adequate minimum budget provision. - The school committee's budget provisions of each community for current expenditures in each budget year shall provide for an amount from all sources sufficient to support the basic program and all other approved programs shared by the state. For fiscal years 1998 through and including fiscal year 2000, each community shall contribute local funds to its school committee an amount not less than its local contribution for schools in the previous fiscal year. A community which has a decrease in enrollment may compute maintenance of effort on a per pupil rather than on an aggregate basis when determining its local contribution; furthermore, a community which experiences a nonrecurring expenditure for its schools may deduct such an expenditure in computing its maintenance of effort. The deduction of nonrecurring expenditures shall be with the approval of the commissioner. The courts of this state shall enforce this section by writ of mandamus.

Furthermore, whenever any state funds are appropriated for educational purposes, the funds shall be used for educational purposes only and all such state funds must be used to supplement any and all money allocated by a city or town for educational purposes and, in no event, shall state funds be used to supplant, directly or indirectly, any money allocated by a city or town for educational purposes. All state funds shall be appropriated by the municipality to the school committee for educational purposes in the same fiscal year in which they are appropriated at the state level even if the municipality has already adopted a school budget. All state and local funds unexpended by the end of the fiscal year of appropriation shall remain a surplus of the school committee and shall not revert to the municipality. Any such surplus of state or local funds shall not in any respect affect the requirement that each community contribute local funds in fiscal years 1998 through and including fiscal year 2000 in an amount not less than its local contribution for schools in the previous fiscal year, and shall not in any event be deducted from the amount of the local appropriation required to meet the maintenance of effort provision in any given year.

16-8-10-1   Mandatory School Breakfast Program

All public elementary schools in which twenty percent (20%) or more of the students are eligible for free and reduced price type A lunches pursuant to section 16-8-10 and to federal and state regulations shall be required to make a breakfast program available to students attending the school. The breakfast program shall meet such rules and regulations as are adopted by the commissioner.

If a district projects that implementation of a school breakfast programs in a traditional cafeteria-type setting is not manageable or cost effective, it may distribute a pre-packaged breakfast in a disposable container which shall be served to the students in a classroom setting before 9:30 a.m.

New Sections for FY 2000

Children with disabilities study
The general assembly hereby establishes a children with disabilities study which shall review special education within the context of school reform. The study shall identify factors which influence the disproportionate designation of students as disabled and their educational programming, the performance of these students on state assessments, the graduation rates of those students, their employment status, their independent living status and their participation in post-secondary education. The study shall also examine federal and state special education funding practices.

All departments and agencies of the state shall furnish such advice and information, documentary and otherwise, to said study and its agents as is deemed necessary or desirable by the study to facilitate the purposes of this resolution.

The General Assembly may provide such funds as it deems necessary to carry out the purposes of this article.

The Speaker of the House is hereby authorized and directed to provide suitable staff and quarters for said study.

The Board of Regents shall adopt regulations on alternative education programs for students who are chronically subject to suspension. The regulations shall be adopted by February 1, 2000.

The regulations shall include:

1. Standards for establishment and operation of alternative education programs by public school districts;

2. A review process to be implemented by the Board of Regents to assess the effectiveness of the education and behavioral programs of the alternative education programs;

3. A process to identify sources of funding that may be available to school districts to operate an alternative education program.