16-1-1 — 16-1-4. Repealed.

History of Section. P.L. 1951, ch. 2752, §§ 3 — 5, 9; Repealed by P.L. 1988, ch. 84, § 43, effective May 7, 1988.

16-1-5. Duties of commissioner of elementary and secondary education.

It shall be the duty of the commissioner of elementary and secondary education:

1. To carry out the policies and program formulated by the council on elementary and secondary education.
2. To evaluate credentials of applicants for certificates, to verify that the certification of teachers is in accordance with law and established standards, and to issue certificates at the direction of the board.
3. To certify the approval of accredited schools.
4. To recommend to the board an outline of the subjects and courses of study and the instructional standards for elementary and secondary schools.
5. To approve the distribution of state school funds in accordance with law and the regulations of the board.
6. To verify that school sites and school building plans are in accordance with law and regulations.
7. To exercise supervision over school libraries and library services.
8. To certify that school bus routes and schedules and all contracts for pupil transportation conform with provisions of law and the rules and regulations of the board.
9. To require the observance of all laws relating to schools and education.
10. To interpret school law and to decide such controversies as may be appealed to the commissioner from decisions of local school committees.
11. To prepare and recommend standard forms for the use of local schools.
12. 1. To prepare, with the assistance of the department of administration, manuals of uniform budgetary and standard financial records and procedures for local school officers. The board of regents shall adopt uniform local school budgeting procedures no later than July 1, 1989, and those procedures should include, at a minimum, the following:
       1. Provision for uniform classification of revenues and expenditures;
       2. Requirements of detailed expenditure estimates and a table of organization including the proposed staffing of each school;
       3. Estimates of receipts and expenditures for the last two (2) completed fiscal years, the current and ensuing fiscal years; and
    2. To carry out the purpose of this subsection a sum of ten thousand dollars ($10,000) not otherwise appropriated shall be included in the appropriation made to support the department of elementary and secondary education.
13. To receive general supervision from the council on elementary and secondary education and to appoint the several officers and employees of the department subject to the provisions of the state merit system act, chapters 3 and 4 of title 36.
14. To establish health education, alcohol and substance abuse programs for students in grades kindergarten (K) through twelve (12), in accordance with § 35-4-18 . The program will consist of the following: A mandated state health education, alcohol and substance abuse curriculum for grades kindergarten (K) through twelve (12), a mandated assessment program in the areas of health, fitness, alcohol and substance abuse, and an in-service training program that will be developed specifically for the implementation of the mandated curriculum.
15. 1. To appoint a three-member (3) committee for the purpose of choosing a “teacher of the year” among teachers in public school grades kindergarten (K) through twelve (12). The “teacher of the year” shall receive an award of one thousand dollars ($1,000).
    2. It is the intent of the general assembly that the funds necessary to carry out the provisions of this subdivision shall be provided within the annual appropriations act.
16. To institute a process to review, revise, and adopt statewide academic standards that align with state assessments for the core subjects of mathematics, English language arts, science and technology, history and social studies, world languages, and the arts.
17. To institute a process for adapting, adopting, and developing curriculum frameworks for mathematics, English language arts, science and technology, history and social studies, world languages, and the arts covered by the academic standards.
18. To institute a process for reviewing and identifying high-quality curriculum and materials in mathematics, English language arts, and science and technology.
19. To prepare each year a plan for providing statewide assistance in the preparation and implementation of professional development plans.

History of Section. P.L. 1951, ch. 2752, § 10; impl. am. P.L. 1952, ch. 2975, § 2; G.L. 1956, § 16-1-5 ; P.L. 1986, ch. 412, § 3, P.L. 1988, ch. 394, § 1; P.L. 1988, ch. 336, § 7; P.L. 1993, ch. 188, § 1; P.L. 1996, ch. 404, § 11; P.L. 2004, ch. 186, § 1; P.L. 2004, ch. 243, § 1; P.L. 2019, ch. 224, § 1; P.L. 2019, ch. 259, § 1.

16-1-6, 16-1-7. Repealed.

History of Section. G.L. 1896, ch. 51, §§ 9, 13; P.L. 1901, ch. 809, § 10; G.L. 1909, ch. 63, §§ 10, 14; G.L. 1923, ch. 65, §§ 7, 14; G.L. 1938, ch. 176, §§ 4, 5; Repealed by P.L. 1988, ch. 84, § 43, effective May 7, 1988.

16-1-8. Visits of commissioner to schools.

The commissioner of elementary and secondary education shall visit, as often as practicable, every city and town in the state, for the purpose of inspecting the schools, and diffusing as widely as possible, by public addresses and personal communications with school officers, teachers, and parents, a knowledge of the defects, and of any desirable improvements, in the administration of the system and the government and instruction of the schools.

History of Section. G.L. 1896, ch. 52, § 3; G.L. 1909, ch. 64, § 3; G.L. 1923, ch. 66, § 4; G.L. 1938, ch. 177, § 4; P.L. 1951, ch. 2752, § 20; G.L. 1956, § 16-1-8 .

16-1-9. Repealed.

History of Section. G.L. 1896, ch. 52, § 4; G.L. 1909, ch. 64, § 4; G.L. 1923, ch. 66, § 5; G.L. 1938, ch. 177, § 5; G.L. 1956, § 16-1-9 ; P.L. 1963, ch. 12, § 3; Repealed by P.L. 1978, ch. 159, § 4. For present provisions see § 16-23-3 .

16-1-10. Assumption of control of city or town schools by department — School lunch program.

1. The school committee of any city or town in which the taxable property is not adequate, at the average rate of taxation for public school support throughout the state, to provide with the money that may be apportioned from the general treasury an amount sufficient to provide and maintain public schools of a high standard, may at a regular meeting held before the first day of July in any year request the department of elementary and secondary education to assume the supervision, control, and management of the public schools of the city or town for the ensuing year; provided that the city or town has appropriated for the support of public schools for the year a sum equivalent to thirty cents (30¢) on each one hundred dollars ($100) of the assessed valuation of the city or town. Upon receiving the request the department, if it is satisfied that the request is warranted and that the best interests of the public schools would be served, may assume supervision, control, and management.
2. The department shall make available in its school lunch program low fat fortified milk with a milk fat content of one percent (1%) or less.

History of Section. P.L. 1913, ch. 947, § 1; P.L. 1922, ch. 2234, § 19; G.L. 1923, ch. 67, § 10; G.L. 1938, ch. 192, § 10; impl. am. P.L. 1951, ch. 2752, § 21; G.L. 1956, § 16-1-10 ; P.L. 1973, ch. 219, § 2.

16-1-11. Powers of department after taking over city or town schools.

For the purposes of this section and §§ 16-1-10 and 16-5-22 , the department of elementary and secondary education shall be subrogated to all the powers and functions of the city or town school committee, including the right to draw orders upon the city or town treasurer for the payment for the support of the public schools of the city or town of any money in the city or town treasury required by law to be accredited to the public school account. The department of elementary and secondary education may also apportion to or expend for the support of the public schools of the city or town any part of the annual appropriation for public schools provided by § 16-4-5 as shall not be apportioned for other purposes, or the whole, or any part of the annual appropriation as the general assembly shall make for the purposes of this section and §§ 16-1-10 and 16-5-22 .

History of Section. P.L. 1913, ch. 947, § 1; P.L. 1922, ch. 2234, § 19; G.L. 1923, ch. 67, § 10; G.L. 1938, ch. 192, § 10; impl. am. P.L. 1951, ch. 2752, § 21; G.L. 1956, § 16-1-11 .

16-1-12, 16-1-13. Repealed.

History of Section. P.L. 1951, ch. 2752, §§ 21, 24; Repealed by P.L. 1988, ch. 84, § 43, effective May 7, 1988.

16-1-14. Repealed.

History of Section. P.L. 1993, ch. 308, § 1; P.L. 1994, ch. 61, § 1; P.L. 1995, ch. 370, art. 18, § 3; P.L. 1996, ch. 100, art. 23, § 1; Repealed by P.L. 2003, ch. 376, art. 9, § 14, effective July 1, 2003. For present comparable provisions, see § 16-8-10.1 .

16-1-15. Restricted receipts.

There is hereby created a restricted receipt account with the department of elementary and secondary education for the purpose of receiving and expending monies from any other sources, public or private, limited to gifts, grants, and donations. The department shall deposit any revenues from such sources into the restricted receipt account to be used for the same educational purposes that its state appropriation is used, unless otherwise limited by any agreement to use such funds.

History of Section. P.L. 2021, ch. 162, art. 2, § 1, effective July 6, 2021.

16-2-1. Cities included as towns.

Wherever the word “town” is used in this chapter, it shall be construed to mean “city or town.”

History of Section. G.L. 1938, ch. 178, § 36; G.L. 1956, § 16-2-1 .

16-2-2. City and town schools required — School year — Location — Kindergartens.

1. 1. Except as specifically provided in this section, every city or town shall establish and maintain for at least one hundred eighty (180) days annually or the equivalent thereof, exclusive of holidays, a sufficient number of schools in convenient places under the control and management of the school committee and under the supervision of the Rhode Island Board of Education. In lieu of a convenient location, the school committee may provide transportation for pupils to and from school in accordance with the provisions of chapter 21 of this title. Provided, that a school district may establish a school year that is the equivalent of one hundred eighty (180) days through the use of longer school days in terms of hours or pursuant to subsection (c) of this section, and that may total less than one hundred eighty (180) separate days, so long as through the use of the longer school day, the school district annually provides a minimum of one thousand eighty (1,080) school hours in a single school year. This figure is based on a minimum of six (6) hours per school day. For purposes of clarification, the intent herein is to permit school districts to amend their school year to provide for longer school days while reducing the actual number of days in which the school facilities must be fully staffed and maintained, but to insure that in doing so, school districts shall still provide the minimum amount of instruction time contemplated by this section. Nothing herein shall be deemed to limit a school district from exceeding the minimum amounts of days and hours set forth herein.
   2. School districts intending to make use of the option provided herein to lengthen school days and shorten the school year shall submit a detailed school day plan and a proposed school calendar to the commissioner of elementary and secondary education for approval. The commissioner shall review the submitted school day plan and the submitted calendar to determine whether the plan and calendar are academically sound and fiscally efficient. The commissioner may grant or deny approval of the plan and/or the calendar.
2. School facilities shall include a sufficient number of kindergartens.
3. On or before December 1, 2017, the department of elementary and secondary education shall establish a policy that allows a school district to submit a detailed plan, at any time, to the commissioner of elementary and secondary education that would allow the schools to conduct instruction through virtual education when the schools have been closed due to inclement weather or other emergency. The plan for virtual education would be subject to, and require approval by, the council on elementary and secondary education in order to count as a school day.

History of Section. G.L. 1896, ch. 54, § 1; G.L. 1909, ch. 66, § 1; P.L. 1914, ch. 1097, § 1; G.L. 1923, ch. 69, § 1; P.L. 1927, ch. 970, § 1; G.L. 1938, ch. 179, § 1; P.L. 1956, ch. 3642, § 1; G.L. 1956, § 16-2-2 ; P.L. 1967, ch. 111, § 1; P.L. 2001, ch. 86, § 26; P.L. 2013, ch. 434, § 1; P.L. 2017, ch. 258, § 1; P.L. 2017, ch. 264, § 1.

16-2-3. Emergency reduction of school year.

In the event of any emergency brought about by the incidence of any epidemic or the threat of an epidemic or any emergency which may endanger the health of children or the physical well being of the community, the school committee of any city or town with the approval of the board of regents for elementary and secondary education may reduce the number of school days to not less than one hundred seventy (170) days; provided, that the compensation of teachers, janitors, clerks, and other employees in the public schools of the city or town shall not be reduced by reason of the shortening of the school year.

History of Section. G.L. 1938, ch. 179, § 1; P.L. 1956, ch. 3642, § 1; G.L. 1956, § 16-2-3 .

16-2-4. Repealed.

History of Section. G.L. 1896, ch. 54, § 5; G.L. 1909, ch. 66, § 3; G.L. 1923, ch. 69, § 3; G.L. 1938, ch. 179, § 3; G.L. 1956, § 16-2-4 ; Repealed by P.L. 1996, ch. 404, § 12, effective August 9, 1996.

16-2-5. Composition of city or town school committees — Election and terms of members — Vacancies.

The school committee of each city or town shall consist of three (3) residents of the city or town, or of any number as at the present time constitute the committee. In cities or towns having annual elections of city or town officers the committee shall be divided as equally as may be into three (3) classes whose several terms of office shall expire at the end of three (3) years from the dates of their respective elections. In cities or towns having biennial elections the committee shall be divided as equally as may be into two (2) classes whose several terms of office shall expire at the end of four (4) years from the dates of their respective elections. As the office of each class shall become vacant, the vacancy or vacancies shall be filled by the city or town at its regular city or town meeting for the election of state or city or town officers, or by the city or town council at its next meeting after this. In case of a vacancy by death, resignation, or otherwise than as is provided in this section, the vacancy shall be filled by the city or town council until the next regular city or town meeting for the election of state or city or town officers, when it shall be filled for the unexpired term as is provided in this section. This section shall not apply to the cities of Providence, Central Falls, Woonsocket, or the Town of North Smithfield.

History of Section. G.L. 1896, ch. 54, § 7; G.L. 1909, ch. 66, § 4; G.L. 1923, ch. 69, § 4; P.L. 1925, ch. 680, § 16; P.L. 1926, ch. 889, § 15; G.L. 1938, ch. 179, § 4; G.L. 1956, § 16-2-5 ; P.L. 1988, ch. 84, § 71; P.L. 2015, ch. 1, § 3; P.L. 2015, ch. 4, § 3.

16-2-5.1. Professional development.

1. The Rhode Island College in cooperation with the Rhode Island association of school committees shall develop a professional development educational program for Rhode Island school committees, that will include instruction in labor and labor relations, negotiating collective bargaining agreements, employee contract analysis, school finance, school law; duties and responsibilities of the committee, duties and responsibilities of the superintendent, ethics, the requirements of the open meetings law, student achievement, strategic planning, educational standards, student assessment, school accountability, data interpretation and analysis, collaboration building, advocacy, annual performance evaluation of the school superintendent and the local school committee, and any other topics as the Rhode Island association of school committees may deem to be necessary.
2. In conformity with § 16-60-4(15), the board of regents for elementary and secondary education shall approve the professional development program and create a process for recognizing school committee members that successfully complete the program in part or in whole.

History of Section. P.L. 1994, ch. 309, § 1; P.L. 2003, ch. 317, § 1; P.L. 2003, ch. 343, § 1; P.L. 2004, ch. 127, § 1; P.L. 2004, ch. 476, § 1; P.L. 2007, ch. 335, § 1.

16-2-6. Chairperson and clerk of city or town committee.

The school committee of each city or town shall choose a chairperson and clerk, either of whom may sign any orders or official papers, and may be removed at the pleasure of the committee. The clerk, under the direction of the committee, shall keep a journal of the proceedings of the committee.

History of Section. G.L. 1896, ch. 60, § 1; G.L. 1909, ch. 67, § 1; G.L. 1923, ch. 70, § 1; P.L. 1927, ch. 982, § 1; G.L. 1938, ch. 178, § 1; G.L. 1956, § 16-2-6 .

16-2-7. Distribution of documents and blanks by clerk.

The clerk of the school committee, when required by the department of elementary and secondary education, shall distribute any school documents and blanks as shall be sent to the clerk to the persons for whom they are intended.

History of Section. G.L. 1896, ch. 54, § 12; G.L. 1909, ch. 66, § 14; P.L. 1922, ch. 2234, § 10; G.L. 1923, ch. 70, § 11; G.L. 1938, ch. 178, § 11; impl. am. P.L. 1951, ch. 2752, § 21; G.L. 1956, § 16-2-7 .

16-2-8. Regular meetings of committee.

The school committee of each city or town shall hold at least four (4) regular meetings in every year, at a time and place within the city or town as the committee shall by general order fix and determine.

History of Section. G.L. 1896, ch. 60, § 2; G.L. 1909, ch. 67, § 2; G.L. 1923, ch. 70, § 2; G.L. 1938, ch. 178, § 2; G.L. 1956, § 16-2-8 .

16-2-9. General powers and duties of school committees.

1. Unless the responsibility is otherwise delegated by this chapter, the entire care, control, and management of all public school interests of the several cities and towns shall be vested in the school committees of the several cities and towns. School committees shall have, in addition to those enumerated in this title, the following powers and duties:
   1. To identify educational needs in the community.
   2. To develop education policies to meet the needs of the community.
   3. To provide for and ensure the implementation of federal and state laws, the regulations of the council on elementary and secondary education, and local school policies, programs, and directives.
   4. To provide for the evaluation of the performance of the school system.
   5. To have responsibility for the care and control of local schools.
   6. To have overall policy responsibility for the employment and discipline of school department personnel.
   7. To approve a master plan defining goals and objectives of the school system. These goals and objectives shall be expressed in terms of what men and women should know and be able to do as a result of their educational experience. The committee shall periodically evaluate the efforts and results of education in light of these objectives.
   8. To provide for the location, care, control, and management of school facilities and equipment.
   9. To adopt a school budget to submit to the local appropriating authority.
   10. To adopt any changes in the school budget during the course of the school year.
   11. To approve expenditures in the absence of a budget, consistent with state law.
   12. To employ a superintendent of schools and assign any compensation and other terms and conditions as the school committee and superintendent shall agree, provided that in no event shall the term of employment of the superintendent exceed three (3) years. Nothing contained in this chapter shall be construed as invalidating or impairing a contract of a school committee with a school superintendent in force on May 12, 1978.
   13. [Deleted by P.L. 2019, ch. 224, § 2 and P.L. 2019, ch. 259, § 2.]
   14. To establish minimum standards for personnel, to adopt personnel policies, and to approve a table of organization.
   15. To establish standards for the evaluation of personnel.
   16. To establish standards for conduct in the schools and for disciplinary actions.
   17. To hear appeals from disciplinary actions.
   18. To enter into contracts; provided, however, that notwithstanding any other provision of the general or public laws, whether of specific or general application, and notwithstanding the provisions of any charter of any municipality where the school committee is appointed and not elected, but not including, the Central Falls school district board of trustees established by § 16-2-34 , the power and duty to enter into collective bargaining agreements shall be vested in the chief executive officer of the municipality and not in the school committee.
   19. To publish policy manuals that shall include all school committee policies.
   20. To establish policies governing curriculum, courses of instruction, and text books.
   21. To provide for transportation services that meet or exceed standards of the council on elementary and secondary education.
   22. To make any reports to the department of education as are required by the council on elementary and secondary education.
   23. To delegate, consistent with law, any responsibilities to the superintendent as the committee may deem appropriate.
   24. To address the health and wellness of students and employees.
   25. To establish a subcommittee of the school board or committee to decrease obesity and address school health and wellness policies for students and employees consistent with § 16-21-28 .
   26. To annually undertake a minimum of six (6) hours of professional development as set forth and described in § 16-2-5.1 .
2. Nothing in this section shall be deemed to limit or interfere with the rights of teachers and other school employees to collectively bargain pursuant to chapters 9.3 and 9.4 of title 28 or to allow any school committee to abrogate any agreement reached by collective bargaining.
3. The elected school committees of each city, town, or regional school district, or the chief executive officer of any municipality having an appointed school committee, shall have the power to bind their successors and successor committees by entering into contracts of employment in the exercise of their governmental functions.
4. Notwithstanding any provisions of the general laws to the contrary, the requirement defined in subsections (d) through (f) of this section shall apply. The school committee of each school district shall be responsible for maintaining a school budget that does not result in a debt.
5. The school committee shall, within thirty (30) days after the close of the first and second quarters of the state’s fiscal year, adopt a budget as may be necessary to enable it to operate without incurring a debt, as described in subsection (d).
6. In the event that any obligation, encumbrance, or expenditure by a superintendent of schools or a school committee is in excess of the amount budgeted or that any revenue is less than the amount budgeted, the school committee shall within five (5) working days of its discovery of potential or actual over expenditure or revenue deficiency submit a written statement of the amount of and cause for the over obligation or over expenditure or revenue deficiency to the city or town council president and any other person who by local charter or statute serves as the city or town’s executive officer; the statement shall further include a statement of the school committee’s plan for corrective actions necessary to meet the requirements of subsection (d). The plan shall be approved by the auditor general and also submitted to the division of municipal finance.
7. Notwithstanding any other provision of law, whether of general or specific application, and notwithstanding any contrary provision of any city or town charter or ordinance, the elected school committee of any city, town, and regional school district shall be, and is hereby authorized to retain, the services of independent legal counsel as it may deem necessary and convenient. Any counsel so retained shall be compensated out of funds duly appropriated to the school committee, and in no event shall the independent counsel be deemed to be an employee of the pertinent city or town for any purpose.

History of Section. G.L. 1896, ch. 54, § 8; P.L. 1902, ch. 989, § 1; G.L. 1909, ch. 66, § 5; P.L. 1913, ch. 946, § 1; G.L. 1923, ch. 70, § 4; G.L. 1938, ch. 178, § 4; G.L. 1956, § 16-2-9 ; P.L. 1978, ch. 295, § 1; P.L. 1988, ch. 336, § 1; P.L. 1991, ch. 44, art. 44, § 1; P.L. 2005, ch. 74, § 1; P.L. 2005, ch. 76, § 1; P.L. 2007, ch. 303, § 1; P.L. 2007, ch. 335, § 1; P.L. 2007, ch. 413, § 1; P.L. 2010, ch. 299, § 1; P.L. 2011, ch. 151, art. 12, § 18; P.L. 2011, ch. 265, § 1; P.L. 2019, ch. 224, § 2; P.L. 2019, ch. 259, § 2.

16-2-9.1. Code of basic management principles and ethical school standards.

1. School committees shall adopt the following code of basic management principles and ethical school standards:

   The (District) does hereby establish a code of basic principles and ethical standards for school committee members acting individually and collectively as boards of education in the management of the public schools of (City or Town) .

   The school committee in accepts the obligation to operate the public schools in accordance with the fundamental principles and standards of school management, which principles include but are not limited to the following:

   1. Formulate written policy for the administration of schools to be reviewed regularly and revised as necessary.
   2. Exercise legislative, policy-making, planning and appraising functions and delegate administrative functions in the operation of schools.
   3. Recognize their critical responsibility for selecting the superintendent, defining his or her responsibilities, and evaluating his or her performance regularly without directly engaging in administrative processes.
   4. Accept and encourage a variety of opinions from and communication with all parts of the community.
   5. Make public relevant institutional information in order to promote communication and understanding between the school system and the community.
   6. Act on legislative and policy-making matters only after examining pertinent facts and considering the superintendent’s recommendations.
   7. Conduct meetings with planned and published agendas.
   8. Encourage and promote professional growth of school staff so that quality of instruction and support services may continually be improved.
   9. Establish and maintain procedural steps for resolving complaints and criticisms of school affairs.
   10. Act only through public meetings since individual board members have no authority to bind the board.
   11. Recognize that the first and greatest concern must be the educational welfare of the students attending the public schools.
   12. Work with other committee members to establish effective board policies and to delegate authority for the administration of the schools to the superintendent.
   13. Avoid being placed in a position of conflict of interest, and refrain from using the committee position for personal gain.
   14. Attend all regularly scheduled committee meetings as possible, and become informed concerning the issues to be considered at those meetings.
2. Nothing in this section shall be deemed to limit or interfere with the rights of teachers and other school employees to collectively bargain pursuant to chapters 9.3 and 9.4 of title 28 or to allow any school committee or superintendent to abrogate any agreement reached by collective bargaining.

History of Section. P.L. 1988, ch. 642, § 2.

16-2-9.2. Joint purchasing agreements.

Notwithstanding any other law or rule, any two (2) or more school committees may establish joint purchasing agreements between and among themselves or with the Rhode Island Association of School Committees for the purpose of purchasing goods and services. The Rhode Island Association of School Committees, acting on behalf of any school committees that are members of a joint purchasing agreement may seek the services of the Rhode Island division of purchases, department of administration, in procuring items necessary to the operation of the school district(s) and which items are common in usage to those procured by the state, and the division of purchasers shall, upon request by the Rhode Island Association of School Committees, furnish to its lists of supplies and equipment. The Rhode Island Association of School Committees and any consortia created pursuant to a joint purchase agreement under this chapter shall be entitled to all the rights and benefits set forth in § 37-2-56 .

History of Section. P.L. 2004, ch. 349, § 1; P.L. 2004, ch. 355, § 1.

16-2-9.3. The advisory council on school finances.

1. The legislature hereby finds and declares that there is a need for an advisory council on school finances to strengthen the fiscal accountability of school districts, regional school districts, state schools and charter schools in Rhode Island. The council shall be composed of five (5) members as follows:
   1. The auditor general of the state of Rhode Island or his or her designee;
   2. The executive director of the Rhode Island association of school committees or his or her designee;
   3. The president of the Rhode Island association of school business officials or his or her designee;
   4. The commissioner of elementary and secondary education or his or her designee; and
   5. The director of the department of administration or his or her designee. The auditor general or his or her designee shall serve as chair of the council. By July 1, 2005, the council shall develop recommendations for a uniform system of accounting, including a chart of accounts for all school districts, regional school districts, state schools and charter schools. By July 1, 2009 the council shall develop recommendations for a uniform system of accounting for all educational regional collaboratives identified in chapter 16-3.1. Said recommendations shall be advisory in nature and may be adopted by the office of auditor general and the department of elementary and secondary education in part or in whole.
2. The council shall meet no less than annually and recommend changes in accounting procedures to be adopted by school districts, regional school districts, state schools and charter schools as well as apprise school business officials, charter school officials, school committees and school superintendents, school administrators and state school officials about professional development opportunities that promotes sound fiscal practices and a knowledge of current state and federal rules and regulations regarding school finance. The council shall also report, annually, its activities and recommendations to the house committee on education accountability, the senate committee on education and the office of the governor.

History of Section. P.L. 2004, ch. 595, art. 23, § 8; P.L. 2008, ch. 149, § 1; P.L. 2008, ch. 192, § 1; P.L. 2013, ch. 501, § 14.

16-2-9.4. School district accounting compliance.

1. The office of auditor general and the department of elementary and secondary education shall promulgate a uniform system of accounting, including a chart of accounts based on the recommendations of the advisory council on school finances, and require all accounts of the school districts, regional school districts, state schools, and charter schools to be kept in accordance therewith; provided, that in any case in which the uniform system of accounting is not practicable, the office of auditor general, in conjunction with the department of elementary and secondary education, shall determine the manner in which the accounts shall be kept. The uniform chart of accounts (UCOA) must allow for both school-to-school and school district-to-school district comparisons. The structure of the UCOA shall ensure that data is captured and presented by, at a minimum, position, program, and school location in order to facilitate such comparisons. The uniform system of accounting shall also include a standardized budget process to ensure districts can annually assess investment priorities and incorporate long-range planning.
2. For the purpose of securing a uniform system of accounting and a chart of accounts the advisory council on school finances, as defined in § 16-2-9.3 , may make such surveys of the operation of any school district, regional school district, state school, or charter school as they shall deem necessary.
3. Upon completion of the implementation of the uniform chart of accounts, all the school districts, regional school districts, state schools, and/or charter schools, shall implement a department of elementary and secondary education-approved budget model that shall include a distinct line item for payments to charter schools and use best practices established by the department of elementary and secondary education for long-range planning, budget development, and budget administration and reporting.
4. Commencing July 1, 2017, and on a continuing basis thereafter, each local education agency shall submit a “budget-only” file that conforms with UCOA requirements to the department of elementary and secondary education within 30 days of the city/town adoption of the budget.
5. Using data from the uniform chart of accounts, on an annual basis, the department of elementary and secondary education shall publish on its website, and provide the general assembly with, a performance dashboard indicating the per-pupil expenditures of each public school and school district broken down by revenue sources and expenditure categories. Further, the department shall provide, within the same dashboard, student-performance indicators for each public school and school district.
6. Commencing July 1, 2017, and on a continuing basis thereafter, each local education agency shall post the following information on its website, in a downloadable format, for free public access:
   1. The local education agency’s annual budget, commencing with the budget for the 2017-18 budget year, that includes, at a minimum, information at the program and school levels;
   2. The local education agency shall post a link to the statewide website operated by the department of elementary and secondary education that will publish the school- and district-level “budget only” and UCOA expenditure data.
   3. Each local education agency shall update the information specified in subdivision (f)(1) within sixty (60) days after adoption and/or making any changes to the local education agency’s budget, including any changes made to the budgets of an individual program or school.
7. If any school district, regional school district, state school, or charter school fails to install and maintain the uniform system of accounting, including a chart of accounts and approved budget model, or fails to keep its accounts and interdepartmental records, or refuses or neglects to make the reports and to furnish the information in accordance with the method prescribed by the office of auditor general and the department of education, or hinders or prevents the examination of accounts and financial records, the auditor general and the commissioner of education, and/or their respective designee(s), shall make a report to the superintendent of schools of the local education agency, the school committee chairperson, the mayor or town manager, and the president of the town council, and/or for a charter school, to the board of trustees or directors, as applicable, in writing, specifying the nature and extent of the failure, refusal, neglect, hindrance, or prevention, and the commissioner is hereby authorized and directed to review the matter so reported. If the commissioner shall find that failure, refusal, neglect, hindrance, or prevention exists and that the school district, regional school district, state school, or charter school should properly comply in the matter so reported, the commissioner shall direct the school district, regional school district, state school, or charter school, in writing, to so comply. If the failure, refusal, neglect, hindrance, or prevention shall continue for a period of ten (10) days following the written direction, the commissioner may request the board of education for approval to withhold distribution of state aid to said school district, regional school district, state school, or charter school. The board shall hold a hearing and provide the subject school and/or district notice and an opportunity to be heard at said hearing. After hearing thereon, the board may authorize the commissioner to withhold the distribution of state aid to said school district, regional school district, state school, or charter school, if the board determines such sanction is appropriate.
8. The department of elementary and secondary education, in consultation with the division of municipal finance, shall conduct periodic reviews and analysis of school revenues and expenses. The department shall also review and monitor compliance with the approved budget model and best practices. The department shall identify those local education agencies considered to be at risk of a year-end deficit or a structural deficit that could impact future years. Such potential deficits shall be identified based on the periodic reviews, which may also include on-site visits and reporting in accordance with the provisions of § 45-12-22.2 . Potential deficits shall be reported to the office of municipal finance, office of auditor general, superintendent, chairperson of the school committee, mayor or town manager, and the president of the town council, of the applicable school district, regional school district, or state school, and/or for a charter school, to the board of trustees or directors, as applicable.

History of Section. P.L. 2004, ch. 595, art. 23, § 8; P.L. 2012, ch. 241, art. 12, § 1; P.L. 2013, ch. 284, § 1; P.L. 2013, ch. 399, § 1; P.L. 2014, ch. 489, § 1; P.L. 2016, ch. 142, art. 11, § 1.

16-2-9.5. Other post-employment benefits — OPEB trusts.

1. Notwithstanding the provisions of any general or special law, or the provisions of any municipality’s home rule charter, to the contrary, for purposes of funding any unfunded liability for other post-employment benefits including, but not limited to, health care and dental care benefits hereinafter referred to as (“OPEB”) in accordance with government accounting standards board statements 43 and 45, a school district, acting by its business manager or superintendent, upon an approving resolution of the school committee or school board as applicable, may enter into a trust agreement between the school district and a corporate trustee which shall be a bank or trust company doing business in the state, or a corporation established pursuant to chapter 5 of title 45. This trust agreement shall be in any form deemed proper by the business manager or superintendent, and shall be executed by its business manager or superintendent and countersigned by the chair of the school committee of the school district. It shall be lawful for any bank, trust company, or entity organized pursuant to § 45-5-20.1 doing business in the state to act as a depository or trustee under this trust agreement, and to furnish indemnification and pledge securities that may be required by any school district.
2. OPEB trust funds shall be credited with all amounts appropriated or otherwise made available by the school district for the purposes of meeting the current and future OPEB costs payable by the school district. OPEB trust funds shall also be credited with all amounts contributed or otherwise made available by employees of the school district for the purpose of meeting future OPEB costs payable by the school district. Amounts in an OPEB trust fund, including any earnings or interest accruing from the investment of these amounts, shall be expended only for the payment of the costs payable by the school district for OPEB or as otherwise permitted by the terms of the trust and applicable law. The business manager or superintendent, as applicable, shall invest or reinvest the amounts in the OPEB trust fund in any investment permitted for the state pension funds consistent with the investment policies of the state general treasurer’s office.
3. School districts are hereby authorized to enter into agreements, trusts, contracts, and other arrangements with the state and any of its departments, agencies, boards or commissions relating to the execution, management or operation of the OPEB trust funds, including, but not limited to, investments, and the state and its department, agencies, boards and commissions are hereby authorized to enter into such agreements, contracts and other arrangements with school districts. Notwithstanding any provisions of any general or special law or principle of equity to the contrary, the state shall have no liability to any school district for entering into such agreements.
4. A school district may employ any qualified bank, trust company, corporation, firm or person to advise it on the investment of the OPEB trust fund and may pay from the OPEB trust fund for this advice and other services. Procurement for these services shall be subject to the procurement procedures and rules governing school districts and municipalities in the state.
5. School districts are also hereby authorized to enter into agreements, trusts, contracts, and other arrangements with any corporation created pursuant to chapter 5 of title 45 relating to the execution, management or operation of the OPEB trust funds, including, but not limited to, investments, and the corporations established pursuant to § 45-5-20.1 are hereby authorized to enter into such agreements, contracts and other arrangements with school districts.
6. Nothing contained herein will prevent any school district from entering into agreements with other school districts per § 16-2-9.2 for the purposes of jointly pooling their investments or collectively entering into an agreement with a corporate trustee, as defined in subsection (a) of this section.
7. Nothing herein shall be construed to exempt OPEB trusts from the Rhode Island Access to Public Records Act, § 38-2-1 et seq.

History of Section. P.L. 2008, ch. 92, § 2; P.L. 2008, ch. 134, § 2; P.L. 2012, ch. 443, § 1.

16-2-9.6. Joint purchasing agreements for technology and IT infrastructure.

Notwithstanding any other law or rule, any two (2) or more school committees may establish joint purchasing agreements between and among themselves or with the Rhode Island Society of Technology Educators (“RISTE”), a domestic, nonprofit corporation, for the purposes of establishing bids pursuant to chapter 55 of title 45, and jointly purchasing technology-related goods and services. The RISTE, acting on behalf of any school committee(s) that are members of a joint purchasing agreement with RISTE, may establish specifications and bid on behalf of the member school districts. The RISTE shall comply with bidding requirements of chapter 55 of title 45. The RISTE and any consortia created pursuant to a joint purchase agreement under this chapter shall be entitled to all the rights and benefits set forth in § 37-2-56 . Notwithstanding the foregoing, nothing in this section permits any non-public school or non-public school district access to the master price agreement maintained by the department of administration, division of purchases.

History of Section. P.L. 2018, ch. 143, § 1; P.L. 2018, ch. 193, § 1.

16-2-10. Certification of superintendents.

No person shall be employed as superintendent of schools in any city or town unless the person holds a certificate of qualification issued by or under the authority of the state board of regents for elementary and secondary education.

History of Section. P.L. 1908, ch. 1560, § 1; G.L. 1909, ch. 66, § 10; G.L. 1923, ch. 70, § 9; P.L. 1925, ch. 598, § 1; G.L. 1938, ch. 178, § 9; impl. am. P.L. 1951, ch. 2752, § 21; G.L. 1956, § 16-2-10 ; P.L. 1988, ch. 84, § 71.

16-2-11. General powers and duties of superintendent.

1. The superintendent of schools employed in accordance with the provisions of this chapter shall, under the direction of the school committee, have the care and supervision of the public schools and shall be the chief administrative agent of the school committee. The superintendent shall have any duties as are defined in this section and in this title and any other duties as may be determined by the school committee, and shall perform any other duties as may be vested in him or her by law. In addition to the care and supervision of public schools and the appointment of employees of the district, it shall be the duty of the superintendent:
   1. To implement policies established by the school committee.
   2. To recommend educational plans, policies, and programs to meet the needs of the district.
   3. To recommend policies governing curriculum, courses of instruction, textbooks, and transportation of students.
   4. To comply with provisions of federal and state law and local charter provisions and ordinances.
   5. To have administrative responsibility for the school system.
   6. To appoint principals for each public school within the district at levels of compensation determined in accordance with policies established by the school committee.
   7. To appoint administrators and other personnel not assigned to individual schools. Also, to appoint, at the recommendation of the principal, personnel at individual schools in accordance with policies established by school district policies and collective bargaining agreements.
   8. To oversee the personnel function of the school department consistent with personnel standards, policies, and the table of organization established by the school committee.
   9. To provide for the evaluation of department personnel appointed by the superintendent.
   10. To prepare a school budget for consideration by the school committee.
   11. To authorize purchases consistent with the adopted school budget, policies and directives of the school committee, and applicable municipal policies, ordinances, and charter provisions.
   12. To be responsible for keeping the records of the school system.
   13. To report to the school committee on a regular basis the financial condition of the school system.
   14. To oversee discipline in the school system.
   15. To evaluate all schools within the school system and to report to the school committee the conformity with regulations of the council on elementary and secondary education and the policies, programs, and directives of the school committee.
   16. To report to the school committee on the operation of the school system, including an annual report on the district’s progress.
2. Nothing in this section shall be deemed to limit or interfere with the rights of teachers and other school employees to collectively bargain pursuant to chapters 9.3 and 9.4 of title 28, or to allow any school superintendent to abrogate any agreement reached by collective bargaining.
3. If at any time during the fiscal year the superintendent of schools determines, or is notified by the city or town chief charter officer or treasurer, that the estimated school expenses may exceed all revenue appropriated by the state or city or town or otherwise for public schools in the city or town, the superintendent of schools shall recommend to the school committee and shall, in order to provide for continuous regular public school operations consistent with the requirements of § 16-2-2 without regard to financial conditions, subsequently report to the city or town treasurer and chief charter officer what action will be taken to prevent an excess of expenditures, encumbrances, and accruals over revenues for public schools in the city or town.

History of Section. P.L. 1918, ch. 1667, § 1; G.L. 1923, ch. 70, § 10; G.L. 1938, ch. 178, § 10; G.L. 1956, § 16-2-11 ; P.L. 1980, ch. 152, § 2; P.L. 1988, ch. 336, § 1; P.L. 2019, ch. 224, § 2; P.L. 2019, ch. 259, § 2.

16-2-11.1. General powers and duties of school principals.

1. Principals employed under this section shall be the educational administrators and managers of their schools and shall supervise the operation and management of their schools and school property, subject to the supervision and direction of the superintendent. The principal shall have any duties as are defined in this section and in this title and shall perform any other duties as may be vested in him or her by law. In addition to serving as the educational administrator and manager of his or her school, it shall be the duty of the principal:
   1. In consultation with the school improvement team, to recommend the hiring of all teachers, athletic coaches, instructional or administrative aides, and other personnel assigned to the school, consistent with district personnel policies, collective bargaining agreements, and budgetary restrictions, and subject to the approval of the superintendent. Provided, that the hiring of employees may not interfere with the layoff or recall rights provided in collective bargaining agreements and the provisions of § 16-13-6 .
   2. To recommend the termination of any teachers, athletic coaches, instructional or administrative aides, and other personnel assigned to the school, consistent with district personnel policies, collective bargaining agreements, and budgetary restrictions, subject to review and prior approval by the superintendent and subject to the provisions of this chapter.
   3. To oversee the care, control, and management of school facilities and equipment.
   4. In consultation with the school improvement team, to prepare a school budget for consideration by the superintendent.
   5. To provide for the evaluation of personnel assigned to the school, including all teachers, consistent with the standards developed by the school committee pursuant to § 16-2-9(a)(15) .
   6. In cooperation with the district’s leadership, to initiate a performance review plan for the school and for individual teachers.
2. It shall be the responsibility of the principal, in consultation with professional staff of the building, to promote participatory decision making among all professional staff for the purpose of developing educational policy.
3. Nothing in this section shall be deemed to limit or interfere with the rights of teachers and other school employees to collectively bargain pursuant to chapters 9.3 and 9.4 of title 28, or to allow any school principal to abrogate any agreement reached by collective bargaining.
4. Recognizing that there may be a transition period necessary to implement the provisions of this section, all local education agencies, as defined in chapter 97.1 of title 16, shall ensure that the implementation of the powers and duties of school principals as provided by this section are adopted and implemented as soon as practical, but no later than August 1, 2021.

History of Section. P.L. 2019, ch. 224, § 3; P.L. 2019, ch. 259, § 3.

16-2-12. Joint superintendent employed by two or more cities or towns.

The school committee of two (2) or more cities or towns, in which the aggregate number of schools shall not be more than sixty (60), may by vote unite for the purpose of the employment of a superintendent of the schools of the several cities or towns.

History of Section. P.L. 1903, ch. 1101, § 2; G.L. 1909, ch. 66, § 6; P.L. 1912, ch. 804, § 1; G.L. 1923, ch. 70, § 5; G.L. 1938, ch. 178, § 5; G.L. 1956, § 16-2-12 .

16-2-13. Joint committee — Annual convention — Superintendent — Dissolution.

The school committees of the cities or towns voting to unite for the purpose of the employment of a superintendent of the schools as prescribed in § 16-2-12 , shall form a joint committee, for the purpose of this chapter; the joint committee shall be the agents of each city or town comprising the union. The school committees shall meet annually in joint convention at a place and time agreed upon by the chairpersons of the several school committees, and shall organize by the choice of a chairperson and secretary. They shall choose by ballot a superintendent of schools, fix his or her salary, and apportion the amount to be paid by each of the cities or towns, approximately according to the next preceding school census in the city or town. The union shall not be dissolved because the number of schools shall have increased beyond the number of sixty (60), nor, for any reason, for the period of three (3) years from the date of the formation of the union, except by concurrent votes of the school committees of a majority of the cities or towns constituting the union.

History of Section. P.L. 1903, ch. 1101, § 3; P.L. 1904, ch. 1147, § 1; G.L. 1909, ch. 66, § 7; P.L. 1912, ch. 804, § 1; G.L. 1923, ch. 70, § 6; G.L. 1938, ch. 178, § 6; G.L. 1956, § 16-2-13 ; P.L. 2001, ch. 86, § 26.

16-2-14. Repealed.

History of Section. P.L. 1903, ch. 1101, § 4; P.L. 1904, ch. 1147, § 2; G.L. 1909, ch. 66, § 8; P.L. 1919, ch. 1725, § 1; G.L. 1923, ch. 70, § 7; G.L. 1938, ch. 178, § 7; impl. am. P.L. 1951, ch. 2752, § 21; G.L. 1956, § 16-2-14 ; Repealed by P.L. 1960, ch. 27, § 12.

16-2-15. Location of schools — Control of property.

1. The school committee shall locate all schoolhouses, and shall not abandon, close, or change the location of any without good cause; and, unless provided by law, the school committee of each city or town shall have the care and control of all public school buildings and other public school property of the city or town, including repairs of the buildings and the purchase of furniture and other school equipment.
2. The school committee of any city or town may provide public school housing for the city or town by lease of buildings or portions of buildings, furniture, and other school equipment, subject to the following provisions:
   1. During the period or periods to which the lease applies the property leased shall be public school property of the city or town in all respects to the same effect as any public school building of the city or town;
   2. The lease shall provide for use and occupancy of periods at least the same as or equivalent to the periods during which public school buildings of the city or town are used and occupied;
   3. As applied to rooms for instruction the lease shall provide for exclusive use and occupancy during the periods of the lease and may provide for common or concurrent use and occupancy of other areas of the property;
   4. The use and occupancy under the lease may be for purpose of instruction at particular grade levels or in particular courses of study and may provide for consecutive use and occupancy of specified areas of the property provided that total use and occupancy under this lease complies with the provisions of subsection (b)(2).
3. Upon application of the school committee of any city or town, the commissioner of elementary and secondary education may prescribe by regulation standards for the leases in accordance with this chapter and in accordance with the Constitution, laws, and education policies and programs of the state. The expenses of the city or town under the lease shall constitute expenditures to support the basic program pursuant to the provisions of §§ 16-7-15 to 16-7-34 .

History of Section. G.L. 1896, ch. 60, § 4; G.L. 1909, ch. 67, § 3; P.L. 1917, ch. 1521, § 1; G.L. 1923, ch. 70, § 3; G.L. 1938, ch. 178, § 3; G.L. 1956, § 16-2-15 ; P.L. 1969, ch. 245, § 1; P.L. 1975, ch. 286, § 1.

16-2-15.1. Pawtucket school committee — Abandonment, closing, reopening, or acquisition of school buildings — Public hearings.

The school committee of the city of Pawtucket, whenever it shall deem it necessary to abandon or close an existing school building for a period of more than six (6) months or acquire or reopen a new school building, by either the purchase or lease of real property, shall conduct a public hearing within the city of Pawtucket for the purpose of addressing the issues of the desirability and necessity for the abandonment, closing, reopening, or acquisition, the reassignment of displaced students to other public education facilities, and the transportation of the displaced students. Any hearing shall be held on a date no more than six (6) months nor less than forty-five (45) days before the date of any abandonment, closing, reopening, or acquisition. The school committee shall give notice of the public hearing specifying the time and place of the hearing by publication of the notice in a newspaper of general circulation within the city of Pawtucket at least two (2) weeks and not more than four (4) weeks prior to the date of the hearing. At the hearing, opportunity shall be given residents of the city interested to be heard upon the proposed abandonment, closing, reopening, or acquisition and other related matters, including the reasonable opportunity to submit written or oral questions to the school committee.

History of Section. P.L. 1980, ch. 408, § 1.

16-2-16. Rules and regulations — Curriculum.

The school committee shall make and cause to be put up in each schoolhouse rules and regulations for the attendance and classification of the pupils, for the introduction and use of textbooks and works of reference, and for the instruction, government, and discipline of the public schools, and shall prescribe the studies to be pursued in the schools, under the direction of the department of elementary and secondary education.

History of Section. G.L., 1896, ch. 60, § 10; G.L. 1909, ch. 67, § 6; G.L. 1923, ch. 70, § 19; G.L. 1938, ch. 178, § 19; impl. am. P.L. 1951, ch. 2752, § 21; G.L. 1956, § 16-2-16 .

16-2-17. Right to a safe school.

1. Each student, staff member, teacher, and administrator has a right to attend and/or work at a school which is safe and secure, and which is conducive to learning, and which is free from the threat, actual or implied, of physical harm by a disruptive student. A disruptive student is a person who is subject to compulsory school attendance, who exhibits persistent conduct which substantially impedes the ability of other students to learn, or otherwise substantially interferes with the rights stated above, and who has failed to respond to corrective and rehabilitative measures presented by staff, teachers, or administrators.
2. The school committee, or a school principal as designated by the school committee, may suspend all pupils found guilty of this conduct, or of violation of those school regulations which relate to the rights set forth in subsection (a), or where a student represents a threat to those rights of students, teachers, or administrators, as described in subsection (a). Nothing in this section shall relieve the school committee or school principals from following all procedures required by state and federal law regarding discipline of students with disabilities.
3. A student suspended under this section may appeal the action of the school committee, or a school principal as designee, to the commissioner of elementary and secondary education who, after notice to the parties interested of the time and place of hearing, shall examine and decide the appeal without cost to the parties involved. Any decision of the commissioner in these matters shall be subject to appeal by the student to the board of regents for elementary and secondary education and any decision of the board of regents may be appealed by the student to the family court for the county in which the school is located as provided in § 42-35-15 .
4. All school superintendents, or their designees, shall review annually, the discipline data for their school district, collected in accordance with the specifications set forth in § 16-60-4(21), to determine whether the discipline imposed has a disproportionate impact on students based on race, ethnicity, or disability status and to appropriately respond to any such disparity. In addition to the data submitted, if a disparity exists, the school district shall submit a report to the council on elementary and secondary education describing the conduct of the student, the frequency of the conduct, prior disciplinary actions for the conduct, any other relevant information and corrective actions to address the disparity, after consultation with representatives of the faculty has been taken to address the disparity. The reports shall be deemed to be public records for purposes of title 38.

History of Section. G.L. 1896, ch. 60, § 12; G.L. 1909, ch. 67, § 8; G.L. 1923, ch. 70, § 21; G.L. 1938, ch. 178, § 21; G.L. 1956, § 16-2-17 ; P.L. 1992, ch. 358, § 1; P.L. 1998, ch. 30, § 2; P.L. 1998, ch. 51, § 2; P.L. 2016, ch. 171, § 1; P.L. 2016, ch. 186, § 1.

16-2-17.1. In school suspensions.

Suspensions issued shall not be served out of school unless the student’s conduct meets the standards set forth in § 16-2-17(a) or the student represents a demonstrable threat to students, teachers, or administrators.

History of Section. P.L. 2016, ch. 171, § 2; P.L. 2016, ch. 186, § 2.

16-2-18. Selection of teachers and superintendent — General control of schools — Expenses.

The selection of superintendent, in any city or towns that do not unite for the employment of a superintendent, and the entire care, control, and management of all the public school interests of the several cities or towns, shall be vested in the school committee of the several cities or towns, and they shall also draw all orders for the payment of their expenses; provided, that these expenses shall not in any fiscal year exceed the total of all revenue appropriated by the state or city or town or otherwise for the public schools under the care, control, and management of the school committee. If, in any fiscal year a school committee is notified that estimated expenses may exceed total available appropriations, the school committee shall adopt and implement a plan to maintain a balanced school budget, which plan shall provide for continuous regular public school operations consistent with the requirements of § 16-2-2 ; provided, that in no fiscal year shall a deficit be permitted for school operations. It is provided that, with the exception of the selection of the superintendent, the selection and appointment of teachers and other school department personnel shall be made by the superintendent with the consent of the school committee.

History of Section. P.L. 1903, ch. 1101, § 1; G.L. 1909, ch. 67, § 9; G.L. 1923, ch. 70, § 22; G.L. 1938, ch. 178, § 22; G.L. 1956, § 16-2-18 ; P.L. 1980, ch. 152, § 2; P.L. 1988, ch. 336, § 1.

16-2-18.1. Criminal records review.

1. Any person seeking employment with a private school or public school department who has not previously been employed by a private school or public school department in Rhode Island during the past twelve (12) months shall undergo a national and state criminal background check to be initiated prior to, or within one week of, employment after receiving a conditional offer of employment; provided, however, that employees hired prior to August 1, 2001, and or who have been continuously employed by a public school department in Rhode Island during the past twelve (12) months shall be exempt from the requirements of this section and § 16-2-18.2 .
2. The applicant shall apply to the bureau of criminal identification (BCI), department of attorney general, state police, or local police department where they reside, for a national and state criminal records check. Fingerprinting shall be required. Upon the discovery of any disqualifying information, the bureau of criminal identification, state police or local police department will inform the applicant, in writing, of the nature of the disqualifying information; and, without disclosing the nature of the disqualifying information, will notify the employer, in writing, that disqualifying information has been discovered.
3. An employee against whom disqualifying information has been found may request that a copy of the criminal background report be sent to the employer who shall make a judgment regarding the employment of the employee.
4. In those situations in which no disqualifying information has been found, the bureau of criminal identification, state police, or local police department shall inform the applicant and the employer, in writing, of this fact.
5. For purposes of this section:
   1. “Disqualifying information” means those offenses listed in §§ 23-17-37 , 11-37-8.1 , 11-37-8.3 , 11-9-1(b) , 11-9-1(c) , 11-9-1.3 ; and
   2. “Employment” means those individuals hired directly by the private school or public school department, contractual employees of the private school or public school department, and those individuals, who may have direct or unmonitored contact with children or students, who are hired by a third party who or that has contracted with the private school or public school department to provide services.
6. The employer shall maintain on file, subject to inspection by the department of elementary and secondary education, evidence that criminal records checks have been initiated on all employees seeking employment subsequent to July 13, 1998, and the results of the checks. The applicant shall be responsible for the costs of the national and state criminal records check.
7. At the conclusion of the criminal background check required in this section, the attorney general, state police, or local police department shall promptly destroy the fingerprint record of the applicant obtained pursuant to this chapter.

History of Section. P.L. 1998, ch. 315, § 1; P.L. 2001, ch. 286, § 1; P.L. 2002, ch. 227, § 1; P.L. 2002, ch. 413, § 1; P.L. 2012, ch. 452, § 1; P.L. 2013, ch. 34, § 1; P.L. 2013, ch. 45, § 1; P.L. 2014, ch. 374, § 1; P.L. 2014, ch. 408, § 1.

16-2-18.2. Prior criminal records checks.

If an applicant for employment has undergone a national and state criminal records check within twelve (12) months prior to an application for employment, the employer may request from the bureau of criminal identification or local police department a letter indicating the presence or absence of disqualifying information. The bureau of criminal identification will respond without disclosing the nature of the disqualifying information. The letter may be maintained on file to satisfy the requirements of this chapter.

History of Section. P.L. 1998, ch. 315, § 1; P.L. 2001, ch. 286, § 1.

16-2-18.3. Rules and regulations.

The commissioner of elementary and secondary education is authorized to promulgate rules and regulations to carry out the intent of this chapter. These regulations shall be promulgated in accordance with the rule-making provisions of chapter 35 of title 42.

History of Section. P.L. 1998, ch. 315, § 1.

16-2-18.4. Criminal records review for volunteers.

1. Any person who is a current or prospective volunteer of a private school or public school department and who may have direct and unmonitored contact with children and/or students on school premises, shall undergo a state criminal background check to be initiated prior to or within one week of commencement of such volunteer work.
2. The applicant shall apply to the bureau of criminal identification (BCI), department of attorney general, state police or local police department where he or she resides, for a state criminal records check. Upon the discovery of any disqualifying information, the bureau of criminal identification, state police or local police department will inform the applicant in writing of the nature of the disqualifying information; and, without disclosing the nature of the disqualifying information will notify the school department in writing that disqualifying information has been discovered.
3. A person against whom disqualifying information has been found may request that a copy of the criminal background report be sent to the school department which shall make a judgment regarding the qualifications and fitness of said person to volunteer for the school department.
4. In those situations in which no disqualifying information has been found, the bureau of criminal identification, state police or local police department shall inform the applicant and the school department in writing of this fact.
5. For purposes of this section, “disqualifying information” means those offenses listed in § 23-17-37 , and those offenses listed in §§ 11-37-8.1 and 11-37-8.3 .
6. The school department shall maintain on file, subject to inspection by the department of elementary and secondary education, evidence that criminal records checks have been initiated on all volunteers seeking employment subsequent to July 1, 2012, and the results of the checks. The current or prospective volunteer shall be responsible for the costs of the state criminal records check.
7. As used in this section and § 16-2-18.5 , the term “school department” means the school department for a public school as well as the governing administrative body for a private school.

History of Section. P.L. 2013, ch. 34, § 2; P.L. 2013, ch. 45, § 2.

16-2-18.5. Prior criminal records checks for school volunteers.

If a current or prospective volunteer of the school department or of a private school who may have direct and unmonitored contact with children and/or students on school premises has undergone a state criminal records check within twelve (12) months prior to commencement of volunteering for the school department, the school department may request from the bureau of criminal identification or local police department a letter indicating the presence or absence of disqualifying information. The bureau of criminal identification will respond without disclosing the nature of the disqualifying information. The letter may be maintained on file to satisfy the requirements of this chapter.

History of Section. P.L. 2013, ch. 34, § 2; P.L. 2013, ch. 45, § 2.

16-2-19. Children attending in adjoining cities or towns.

Whenever the school committee of any city or town shall find that it is more convenient or expedient for any child residing in the city or town to attend school in an adjoining city or town, the committee may arrange with the school authorities of the city or town for the attendance of the child at their schools, and may pay for the tuition out of the city or town appropriation for public schools. The amount paid shall be used for school purposes only.

History of Section. G.L. 1896, ch. 60, § 11; G.L. 1909, ch. 67, § 7; G.L. 1923, ch. 70, § 20; G.L. 1938, ch. 178, § 20; G.L. 1956, § 16-2-19 .

16-2-20. Visitation and examination of schools.

The school committee shall make provision for visitation and inspection of every public school in the city or town by the superintendent of schools or other agent of the committee at regular periods or as often as may be required for proper supervision; provided that at least once during every school year an examination shall be made of the schoolhouse and premises, including classrooms, laboratories, and other rooms used by pupils and teachers, with particular reference to cleanliness, heating, lighting, seating, ventilation, and other sanitary arrangements, and to corridors, stairways, doors, windows, fire escapes, and other devices for the protection of life in case of fire; and of registers and other school records, of the school library, apparatus, and equipment in classrooms and laboratories, of the books, discipline, mode of teaching, and other matters that affect instruction. Report of the visitation and examination, with recommendations for the improvement of schools, shall be made to the school committee. This section shall apply to the city of Providence.

History of Section. G.L. 1896, ch. 60, § 9; G.L. 1909, ch. 67, § 5; G.L. 1923, ch. 70, § 18; P.L. 1925, ch. 599, § 1; P.L. 1926, ch. 879, § 1; G.L. 1938, ch. 178, § 18; G.L. 1956, § 16-2-20 .

16-2-21. Pre-budget consultation — Annual reports — Appropriation requests — Budgets.

1. At least sixty (60) days, but not more than ninety (90) days, prior to the formal submission of the school budget to the appropriate city or town officials by the school committee, there shall be a joint, pre-budget meeting between the school committee and the city or town council(s). At or before this meeting:
   1. The highest elected official of the city or town shall submit to the school committee an estimate, prepared in a manner approved by the department of administration, of projected revenues for the next fiscal year. In the case of the property tax, the projections shall include only changes in the property tax base, not property tax rates;
   2. The school committee shall submit to the city or town council a statement for the next ensuing fiscal year of anticipated total expenditures, projected enrollments with resultant staff and facility requirements, estimated enrollment and payments to charter schools, and any necessary or mandated changes in school programs or operations; and
   3. The school committee shall prepare and submit, annually, to the department of elementary and secondary education, on or before the first day of August, a report in the manner and form prescribed by the state board of regents for elementary and secondary education; the committee shall also prepare, not less than thirty (30) days before the date of the annual financial town meeting, or the date of the meeting of the city council at which annual appropriations are made, on forms prescribed and furnished by the department of elementary and secondary education, the estimates and recommendations of the amounts necessary to be appropriated for the support of public schools, including a distinct line item for estimated payments to charter schools for the fiscal year ensuing; provided, that a copy of these estimates and recommendations shall be sent to the department of elementary and secondary education, and until the report is made, and if the estimates and recommendations are not presented to the department, it may refuse to draw its orders for the money in the state treasury apportioned to the city or town; provided, that the necessary blank for the report has been furnished by the department on or before the first day of June, next preceding, and the necessary forms for the estimates and recommendations shall have been furnished by the department not less than sixty (60) days before the date of the annual appropriations meeting of the city council. The committee shall also prepare and submit annually to the department of elementary and secondary education and at the annual financial town meeting, a report to the city or town, setting forth its doings, the state, and condition of the schools, and plans for their improvement, which report, unless printed, shall be read in open meeting; and if printed, at least three (3) copies shall be transmitted to the department on or before the day of the annual financial town meeting in each year.
2. If the amount appropriated by the town meeting, the city or town council, or budget referendum is either more or less than the amount recommended and requested by the school committee, the school committee shall, within thirty (30) days after the appropriation is made, amend its estimates and recommendations so that expenses are no greater than the total of all revenue appropriated by the state or town or provided for public schools under the care, control, and management of the school committee.
3. Only a school budget in which total expenses are less than, or equal to, appropriations and revenues shall be considered an adopted school budget.
4. Notwithstanding any provision of the general or public laws to the contrary:
   1. The budget adopted and presented by any school committee for the fiscal year 2008 shall not propose the appropriation of municipal funds (exclusive of state and federal aid) in excess of one hundred five and one-quarter percent (105.25%) of the total of municipal funds appropriated by the city or town council for school purposes for fiscal year 2007;
   2. The budget adopted and presented by any school committee for the fiscal year 2009 shall not propose the appropriation of municipal funds (exclusive of state and federal aid) in excess of one hundred five percent (105%) of the total of municipal funds appropriated by the city or town council for school purposes for fiscal year 2008;
   3. The budget adopted and presented by any school committee for the fiscal year 2010 shall not propose the appropriation of municipal funds (exclusive of state and federal aid) in excess of one hundred four and three-quarters percent (104.75%) of the total of municipal funds appropriated by the city or town council for school purposes for fiscal year 2009;
   4. The budget adopted and presented by any school committee for the fiscal year 2011 shall not propose the appropriation of municipal funds (exclusive of state and federal aid) in excess of one hundred four and one-half percent (104.5%) of the total of municipal funds appropriated by the city or town council for school purposes for fiscal year 2010;
   5. The budget adopted and presented by any school committee for the fiscal year 2012 shall not propose the appropriation of municipal funds (exclusive of state and federal aid) in excess of one hundred four and one-quarter percent (104.25%) of the total of municipal funds appropriated by the city or town council for school purposes for fiscal year 2011; and
   6. The budget adopted and presented by any school committee for the fiscal year 2013 and for each fiscal year thereafter shall not propose the appropriation of municipal funds (exclusive of state and federal aid) in excess of one hundred four percent (104%) of the total of municipal funds appropriated by the city or town council for school purposes for the previous fiscal year.
5. Notwithstanding any provision of the general or public laws to the contrary, any judgment rendered pursuant to § 16-2-21.4(b) shall consider the percentage caps on school district budgets set forth in subsection (d) of this section.

History of Section. G.L. 1869, ch. 60, § 20; G.L. 1909, ch. 67, § 10; P.L. 1922, ch. 2234, § 12; G.L. 1923, ch. 70, § 23; G.L. 1938, ch. 178, § 23; impl. am. P.L. 1951, ch. 2752, § 21; G.L. 1956, § 16-2-21 ; P.L. 1980, ch. 152, § 2; P.L. 1985, ch. 182, §§ 12, 13; P.L. 1988, ch. 84, § 1; P.L. 2006, ch. 253, § 5; P.L. 2013, ch. 144, art. 13, § 2; P.L. 2014, ch. 489, § 1.

16-2-21.1. Repealed.

History of Section. P.L. 1985, ch. 182, § 13; P.L. 1988, ch. 336, § 1; Repealed by P.L. 1992, ch. 133, art. 77, § 1, effective July 1, 1992.

16-2-21.2. Three-year budget forecasting process.

1. On or before November 1 of each year, the highest elected official of each town or city shall submit to the school committee an estimate, prepared in a manner approved by the department of administration, of projected revenues for the next three (3) fiscal years. In the case of the property tax, the projection shall include only changes in the property tax base, not property tax rates.
2. On or before November 1, the school committee shall submit to the city or town council an estimate of its expenditures by major program and school revenues for the three (3) years, which designates those expenditures, in whole or in part, that are required by state law or regulation.
3. The state shall cooperate by the preparation and provision of information necessary to develop these three (3) year forecasts. The department of elementary and secondary education shall provide estimates of school aid based on current law or based on experience in previous years as determined by the commissioner. The department of elementary and secondary education shall also prepare a three (3) year plan to show the impact of state aid and state educational programs on each school district. All state aid estimates and three (3) year plans prepared by the department of elementary and secondary education shall be submitted to the director of the department of administration for review and comment prior to distribution among school districts. The department of administration shall develop a methodology for the calculation of three (3) year revenue forecasts by cities and towns. At the request of any city or town, the department of administration shall assist the city or town in making a forecast of revenues. In the absence of a request, the department of administration shall certify that any forecasts made by a city or town are consistent with the department of administration’s methodology. The retirement board established pursuant to § 36-8-3 shall provide projected rates for contribution to the teacher and municipal retirement systems. The state budget officer shall supply the assumptions he or she is using regarding the performance of the economy of the state.
4. There shall annually be a joint meeting between the city or town council and the school committee not later than December 31st to review the revenue and expenditure projections and to discuss issues affecting the preparation of the school budget.
5. For school districts that are not on a July 1 to June 30 fiscal year, the department of elementary and secondary education may, upon request of the district, establish other time periods for this planning process.

History of Section. P.L. 1985, ch. 182, § 13; P.L. 1988, ch. 84, § 71; P.L. 1989, ch. 126, art. 10, § 1.

16-2-21.3. Meetings with city and town councils.

For the purposes of §§ 16-2-21 and 16-2-21.2 , the term “town or city council” means the town or city council or other elected body charged by either local charter or public law with either preparing the budget for submission to town meeting or for final adoption of the budget. Meetings between the town or city council, as defined, and the school committee shall be held under the provision of law governing the meetings of the council. The school committee of a regional school district shall meet independently with the council of each town or city within the regional school district.

History of Section. P.L. 1986, ch. 13, § 2; P.L. 1988, ch. 84, § 71.

16-2-21.4. School budgets — Compliance with certain requirements.

1. Notwithstanding any provision of the general or public laws to the contrary, whenever a city, town, or regional school committee determines that its budget is insufficient to comply with the provisions of § 16-2-21 , 16-7-23 , or 16-7-24 , the city, town, or regional school committee shall adhere to the appropriated budget or the provisions of § 16-2-23 in the absence of an appropriated budget. The chairperson of the city, town, or regional school committee, in accordance with the provisions of § 16-2-9 , shall be required to petition the commissioner, in writing, to seek alternatives for the district to comply with state regulations and/or provide waivers to state regulations and, in particular, those which are more restrictive than federal regulations that allow the school committee to operate with a balanced budget. Waivers which affect the health and safety of students and staff or which violate the provisions of chapter 24 of this title shall not be granted. The commissioner must consider alternatives for districts to comply with regulations and/or provide waivers to regulations in order that the school committee may operate with a balanced budget within the previously authorized appropriation. In the petition to the commissioner, the school committee shall be required to identify the alternatives to meet regulations and/or identify the waivers it seeks in order to provide the commissioner with the revised budget which allows it to have a balanced budget within the previously authorized appropriation. The commissioner shall respond within fifteen (15) calendar days from the date of the written petition from the school committee. If the commissioner does not approve of the alternatives to meet regulations or the waivers from regulations which are sought by the school committee, or if the commissioner does not approve of the modified expenditure plan submitted by the school committee, then: (1) within ten (10) days of receiving the commissioner’s response, the school committee may submit a written request to the city or town council for the council of the municipality to decide whether to increase the appropriation for schools to meet expenditures. The decision to increase any appropriations shall be conducted pursuant to the local charter or the public law controlling the approval of appropriations within the municipality; or (2) in a regional school district, the chairperson of the school committee may, within ten (10) days of receiving the commissioner’s response, submit a written request to the chief elected official of each of the municipalities to request that the city or town council in each of their respective towns meet to decide whether or not to increase the appropriation for schools to meet expenditures. The decision to increase any appropriations shall be conducted pursuant to the local charter or the public law controlling the approval of appropriations within the municipality.
2. In the event of a negative vote by the appropriating authority, the school committee shall have the right to seek additional appropriations by bringing an action in the superior court for the county of Providence and shall be required to demonstrate that the school committee lacks the ability to adequately run the schools for that school year with a balanced budget within the previously authorized appropriation or in accordance with §§ 16-2-21 , 16-2-23 , 16-7-23 , and 16-7-24 . In no event shall any court order obtained by the school committee have force and effect for any period longer than the fiscal year for which the litigation is brought. Any action filed pursuant to this section shall be set down for a hearing at the earliest possible time and shall be given precedence over all matters except older matters of the same character. The court shall render its decision within thirty (30) days of the close of the hearings. Upon the bringing of an action in the superior court by the school committee to increase appropriations, the chief executive officer of the municipality, or in the case of a regional school district the chief elected officials from each of the member municipalities, shall cause to have a financial and performance audit in compliance with the generally acceptable governmental auditing standards of the school department conducted by the auditor general, the bureau of audits, or a certified public accounting firm qualified in performance audits. The results of the audit shall be made public upon completion and paid for by the school committee to the state or private certified public accounting firm.
3. The auditor general shall select the auditor if the audit is not directly performed by his or her office.

History of Section. P.L. 1995, ch. 173, § 1; P.L. 2008, ch. 244, § 1.

16-2-21.5. Notification of state school aid to school districts.

Any requirement that the department of elementary and secondary education notify the local school districts of state education aid estimates prior to the submission of the governor’s budget presentation is suspended until further action by the general assembly. The department shall provide state education aid estimates based upon the governor’s budget submission and shall supplement these estimates upon the passage of the budget by the general assembly.

History of Section. P.L. 1996, ch. 100, art. 22, § 1.

16-2-21.6. Collective bargaining fiscal impact statements.

1. Prior to executing any collective bargaining agreement between a school committee and representatives of teachers and/or other school employees, the school committee in any municipality, or regional school district with an elected school committee, or the chief executive officer in any municipality with an appointed school committee shall prepare or cause to be prepared a collective bargaining fiscal impact statement. These statements shall set forth, in dollar amounts, estimates of the fiscal impact, during the term of the proposed agreement. No comment or opinion relative to the merits of the terms of the contract shall be included, except that technical or mechanical errors or defects may be noted.
2. The fiscal impact statement and the awarded contract shall be publicized and shall be made immediately available upon ratification of the contract.

History of Section. P.L. 2008, ch. 100, art. 36, § 1; P.L. 2011, ch. 265, § 2.

16-2-22. Repealed.

History of Section. G.L. 1896, ch. 60, § 21; G.L. 1909, ch. 67, § 11; G.L. 1923, ch. 70, § 24; G.L. 1938, ch. 178, § 24; G.L. 1956, § 16-2-22 ; Repealed by P.L. 1996, ch. 404, § 12, effective August 9, 1996.

16-2-23. Expenditures pending annual appropriation.

The school committee, in the interval between the close of the city or town fiscal year and the making of the annual appropriations for the support of public schools, may expend for public school purposes the unexpended balance remaining in the treasury from the school appropriation of the expired fiscal year, and for each month a sum of money not exceeding one-twelfth (1/12) of the amount appropriated in the preceding year for the support of public schools, and the city or town treasurer shall pay orders drawn by the school committee in accordance with the provisions of this section from any money in the city or town treasury not otherwise appropriated.

History of Section. G.L. 1909, ch. 67, § 17; P.L. 1919, ch. 1804, § 1; G.L. 1923, ch. 70, § 29; G.L. 1938, ch. 178, § 29; G.L. 1956, § 16-2-23 .

16-2-24. Survey of city or town schools.

The state board of regents for elementary and secondary education may make or cause to be made a survey of the public schools of any city or town, and shall make the survey upon the request of the school committee of any city or town; provided, that the school committee shall share one-half (1/2) the cost of any survey that it requests and the state department of elementary and secondary education shall also share half of the cost. The board of regents for elementary and secondary education shall include in its annual report to the general assembly a summary of its findings upon the surveys with the recommendations as shall seem advisable.

History of Section. G.L. 1909, ch. 63, § 21; P.L. 1922, ch. 2234, § 6; G.L. 1923, ch. 65, § 6; G.L. 1938, ch. 176, § 3; impl. am. P.L. 1951, ch. 2752, § 21; G.L. 1956, § 16-2-24 ; P.L. 1962, ch. 35, § 1.

16-2-25. Distribution of powers in Providence and Cranston.

In the cities of Providence and Cranston the school committee of each city shall employ the superintendent and teachers, have charge and custody of all school buildings and school property, manage and regulate the schools, and draw all orders for the payment of their expenses from the money appropriated by the city council for the support of public schools; provided, that the city council of each city shall have the expenditure of all sums appropriated for the purchase of land for school purposes or for the improvement of the land or for the construction or repair of school buildings.

History of Section. P.L. 1896, ch. 420, § 2; G.L. 1909, ch. 73, § 6; P.L. 1915, ch. 1192, § 1; G.L. 1923, ch. 77, § 6; G.L. 1938, ch. 178, § 33; G.L. 1956, § 16-2-25 .

16-2-26. Special statutes prevailing.

Except as provided in this section, the provisions of this chapter are subject to the provisions of any special statutes respecting any particular city or town, none of which are repealed by this chapter.

History of Section. G.L. 1938, ch. 178, § 34; G.L. 1956, § 16-2-26 .

16-2-27. Eligibility for attendance — Kindergarten.

Every child who has attained, or will have attained, five (5) years of age on or before September 1 of any school year shall be eligible to attend kindergarten during all the days that the kindergartens are in session during the school year. If a child is enrolled in kindergarten, the attendance requirements of § 16-19-1 shall apply.

History of Section. P.L. 1966, ch. 66, § 1; P.L. 1988, ch. 84, § 71; P.L. 2002, ch. 323, § 1; P.L. 2016, ch. 467, § 1; P.L. 2016, ch. 471, § 1.

16-2-28. Eligibility for attendance — First grade.

Every child who has completed or will have completed six (6) years of life on or before September 1 of any school year shall be eligible to attend first grade during all the days that the public schools are in session during the school year. Every child shall be eligible to attend first grade only upon completion of a state recognized or accredited kindergarten program.

History of Section. P.L. 1966, ch. 66, § 1; P.L. 1988, ch. 84, § 71; P.L. 1988, ch. 642, § 1; P.L. 2003, ch. 393, § 1.

16-2-28.1. Regulations.

The commissioner of elementary and secondary education shall promulgate regulations, including criteria for eligibility for waiver, pertaining to § 16-2-28 .

History of Section. P.L. 1988, ch. 642, § 2.

16-2-28.2. Kindergarten multiple sessions.

All public and private schools that provide multiple kindergarten sessions shall make every effort to give written notice to parents, thirty (30) days before the start of the school year, which kindergarten session their child has been placed.

History of Section. P.L. 1991, ch. 188, § 1.

16-2-29. Repealed.

History of Section. P.L. 1972, ch. 275, § 1; P.L. 1974, ch. 113, § 1; Repealed by P.L. 1976, ch. 330, § 1.

16-2-30. School lunch programs.

All municipal school systems in this state shall make available, in their school lunch programs, low fat fortified milk with a milk fat content of one percent (1%) or less.

History of Section. P.L. 1973, ch. 219, § 1.

16-2-31. School crossing guard equipment.

All municipal school systems in this state shall provide flags, belts, apparel, and devices to children acting in the capacity of school crossing guards, and this equipment shall be made from retro-reflective and/or fluorescent materials visible both day and night at three hundred feet (300´) to approaching motorists using lawful low beam headlights.

History of Section. P.L. 1974, ch. 32, § 1; P.L. 1976, ch. 68, § 1.

16-2-32. Policy manual for school committee.

1. All school committees in the state will have a policy manual. The policy manual will have all school committee policies in writing, properly indexed, and kept up to date. The policy manuals will be a source used to govern each school system. At least one policy manual will be available to the faculty and staff in each school library. At least one policy manual will be available for public reference at each administrative building and public library.
2. There is appropriated the sum of one hundred thousand dollars ($100,000), from money not otherwise appropriated, to the department of elementary and secondary education to implement a school committee/administrator training program.

History of Section. P.L. 1977, ch. 203, § 1; P.L. 1977, ch. 642, § 1.

16-2-33. City of Woonsocket — Compensation to school committee members.

The city council of the city of Woonsocket shall appropriate a sum certain and annually determine salaries for the chairperson and members of the school committee for the city of Woonsocket.

History of Section. P.L. 1999, ch. 394, § 1; P.L. 1999, ch. 503, § 1.

16-2-33.1. City of Woonsocket — School dress code.

The Woonsocket school committee, in conjunction with the superintendent, may adopt a school dress code for Woonsocket elementary, middle and high school students; provided, that:

1. the principal, staff and parents have had an opportunity to offer suggestions and comments;
2. the dress code shall be adopted at a time determined by the school committee, and the school committee shall give notice to the parents three (3) months before a dress code is required; and
3. that on days when a nationally recognized youth organization has a scheduled function students participating in this organization shall be exempt from the dress code on that day.

History of Section. P.L. 2009, ch. 179, § 1.

16-2-33.2. City of Central Falls — School dress code.

The Central Falls school district governing board, in conjunction with the superintendent, may adopt a school dress code for Central Falls primary, elementary, junior, and senior high school students; provided that:

1. The principal, staff, and parents have had an opportunity to offer suggestions and comments;
2. The dress code shall be adopted at a time determined by the governing board, and the governing board shall give notice to the parents three (3) months before a dress code is required; and
3. That on days when a nationally recognized youth organization has a scheduled function, students participating in this organization shall be exempt from the dress code on that day.

History of Section. P.L. 2013, ch. 277, § 1; P.L. 2013, ch. 343, § 1.

16-2-34. Central Falls School District board of trustees.

1. There is hereby established a seven (7) member board of trustees, which shall govern the Central Falls School District. With the exception of those powers and duties reserved by the commissioner of elementary and secondary education, and the board of regents for elementary and secondary education, the board of trustees shall have the powers and duties of school committees. Notwithstanding any provision of law to the contrary, the commissioner of elementary and secondary education, as the executive agent of the board of regents for elementary and secondary education, is authorized to exercise in whole or in part care, control, and management over the public schools of the Central Falls school district within the scope of authority of the board of trustees and board of regents, whenever the commissioner deems such intervention to be necessary and appropriate.
2. The board of regents for elementary and secondary education shall appoint the members of the board of trustees from nominations made by the commissioner of elementary and secondary education. The chairperson shall also be selected in this manner. The board of regents shall determine the number, qualifications, and terms of office of members of the board of trustees, provided however, that at least four (4) of the members shall be residents of the city and parents of current or former Central Falls public school students. The remaining three (3) shall be appointed at large.
3. The board of regents shall provide parameters for overall budget requests, approve the budget, and otherwise participate in budget development.
4. The commissioner of elementary and secondary education shall recommend parameters for overall budget requests, recommend a budget, and otherwise participate in budget development.
5. The commissioner shall approve the process for selection of the superintendent.
6. The board of trustees shall meet monthly and serve without compensation. The board of trustees shall have broad policy making authority for the operation of the school, as well as the following powers and duties:
   1. To identify the educational needs of the district;
   2. To develop educational policies to meet the needs of students in the school district;
   3. To appoint a superintendent to serve as its chief executive officer and to approve assistant and associate superintendents from nominations made by the superintendent;
   4. To provide policy guidance and otherwise participate in budget development; and
   5. To develop staffing policies which ensure that all students are taught by educators of the highest possible quality.
7. The superintendent shall serve at the pleasure of the board of trustees with the initial appointment to be for a period of not more than three (3) years; provided, however, that the terms and conditions of employment are subject to the approval of the board of regents for elementary and secondary education.
8. It shall be the responsibility of the superintendent to manage and operate the school on a day-to-day basis. The superintendent’s duties shall include the following:
   1. To be responsible for the care, supervision, and management of the schools;
   2. To recommend to the board of trustees educational policies to meet the needs of the district, and to implement policies established by the board of trustees;
   3. To present nominations to the board of trustees for assistant and associate superintendents and to appoint all other school personnel;
   4. To provide for the evaluation of all school district personnel;
   5. To establish a school based management approach for decision making for the operation of the school;
   6. To prepare a budget and otherwise participate in budget development as required, and to authorize purchases consistent with the adopted school district budget;
   7. To report to the board of trustees, on a regular basis, the financial condition and operation of the schools, and to report annually on the educational progress of the schools;
   8. To establish appropriate advisory committees as needed to provide guidance on new directions and feedback on the operation of the schools;
   9. With policy guidance from the board of trustees and extensive involvement of the administrators and faculty in the school, to annually prepare a budget. The board of trustees shall approve the budget and transmit it to the commissioner. The board of regents for elementary and secondary education, upon recommendation of the commissioner of elementary and secondary education, shall provide parameters for the overall budget request. Based on review and recommendation by the commissioner, the board of regents shall approve the total budget and incorporate it into its budget request to the governor and to the general assembly. Line item budgeting decisions shall be the responsibility of the superintendent; and
   10. To negotiate, along with the chairperson of the board of trustees and his or her appointed designee, all district employment contracts, which contracts shall be subject to the approval of the commissioner of elementary and secondary education with the concurrence of the board of regents.
9. Nothing in this section shall be deemed to limit or otherwise interfere with the rights of teachers and other school employees to bargain collectively pursuant to chapters 9.3 and 9.4 of title 28, to exercise rights afforded under any statute including, but not limited to, Title 16, or to allow the commissioner, board of trustees or the superintendent to abrogate any agreement by collective bargaining.
10. The appointment of the special state administrator for the Central Falls School District and the Central Falls School District Advisory Group, created by chapter 312 of the Rhode Island Public Laws of 1991, will no longer be in effect upon the selection and appointment of the board of trustees created in this section. All powers and duties of the special state administrator and the Central Falls School District Advisory Group are hereby transferred and assigned to the board of trustees created in this section, upon the selection and appointment of that board.

History of Section. P.L. 2002, ch. 204, § 1; P.L. 2012, ch. 241, art. 12, § 1.

16-2-35. The Middletown public schools sponsorship program.

1. The school committee of the town of Middletown shall be authorized to adopt by resolution the Middletown public schools sponsorship program (the “program”). The purpose of said program shall be to provide funding to aid the Middletown school district in maintaining its current extra-curricular program offerings by creating paid advertising and sponsorship opportunities through the Middletown public schools.
2. Such program shall meet the following guidelines and criteria:
   1. Proposals for sponsorships shall be reviewed by the superintendent of schools, and if approved by the superintendent, such approval shall be submitted to the Middletown school committee for final approval;
   2. Paid advertising and business sponsorships shall be permitted on school district grounds only with the prior approval of both the superintendent and the school committee of the town of Middletown.
   3. The Middletown school committee shall promulgate a policy on advertising and business sponsorship. Any advertising on school property, in district publications, and distribution or display that is paid for by a private, business, or commercial sponsor shall be consistent with the provisions of such policy. In promulgating such policy, the school district shall be especially cognizant of the requirements of chapter 21 of this title in regard to health and safety of pupils.
      1. Advertising and business sponsorships shall be limited to products, services, and issues that support and promote a positive educational atmosphere.
      2. Approved advertising, signage, and other promotions shall be in good taste, use good production quality, and shall not detract from the educational environment.
3. Prohibited advertising and business sponsorships shall include, but not be limited to, the following:
   1. Anything that is illegal, obscene, profane, vulgar, prurient, defamatory, violent, abusive, impolite, or that contains sexual content, sexual imagery, or sexual overtones, or that is otherwise not suitable for minors;
   2. Anything that is discriminatory or promotes goods or services not suitable for use or consumption by minors;
   3. Materials in support of or promoting a specific religion or religious viewpoint; and
   4. Materials in support of or promoting a specific political candidate or viewpoint.
4. The provisions of the section shall not apply to information, promotions, or announcements issued by the town of Middletown and/or the state of Rhode Island.

History of Section. P.L. 2015, ch. 248, § 1; P.L. 2015, ch. 270, § 1.

16-2-36. Orientation.

All public schools shall, prior to September 1 of each year, make every effort to provide written notice to parents, guardians, or caretakers of students inviting those parents, guardians, or caretakers to attend orientation at the school within thirty (30) days from the start of the school year.

History of Section. P.L. 2021, ch. 280, § 1, effective July 9, 2021; P.L. 2021, ch. 281, § 1, effective July 9, 2021.

16-2.1-1. Civic education commission.

There is hereby created a permanent commission to be known as the Rhode Island Permanent Commission on Civic Education to consist of twenty-one (21) members; three (3) of whom shall be from the house of representatives, not more than two (2) from the same political party, to be appointed by the speaker; three (3) of whom shall be from the senate, not more than two (2) from the same political party, to be appointed by the senate president; one of whom shall be the Rhode Island secretary of state, or designee; two (2) of whom shall be teachers or representatives of teachers, one of whom shall be a member of the National Education Association of Rhode Island, to be appointed by the speaker, and one of whom shall be a member of the American Federation of Teachers, to be appointed by the senate president; one of whom shall be a member of the Superintendent’s Association, or Principal’s Association, to be appointed by the speaker; one of whom shall be the director of the Rhode Island Historical Society, or designee; one of whom shall be the commissioner of elementary and secondary education, or designee; one of whom shall be the commissioner of postsecondary education, or designee; one of whom shall be from the Rhode Island Black Heritage Society, to be appointed by the speaker; one of whom shall be from the Dorcas International Institute of Rhode Island, to be appointed by the senate president; one of whom shall be a teacher at a parochial/private school institution, to be appointed by the speaker; one of whom shall be the director of museum and program at the Rhode Island Heritage Harbor Foundation, or designee; one of whom shall be the director of the Rhode Island Council for the Humanities, or designee; one of whom shall be the director of the Pell Center for International Relations and Public Policy, or designee; one of whom shall be the director of the Progreso Latino, or designee; and one of whom shall be the director of the Center for Civic Education, or designee.

History of Section. P.L. 2001, ch. 388, § 1; P.L. 2004, ch. 477, § 1; P.L. 2004, ch. 543, § 1; P.L. 2017, ch. 209, § 1; P.L. 2017, ch. 245, § 1.

16-2.1-2. Powers and duties.

1. The commission is empowered to appoint committees to study specialized areas of concern and to report their findings and recommendations to the commission; provided, however, that one of these committees shall be a Rhode Island history committee.
2. All departments and agencies of the state shall furnish advice and information, documentary and otherwise, to the commission and its agents as may be necessary or desirable to facilitate the purposes of this chapter.
3. The commission shall report its findings and/or recommendations to the speaker of the house of representatives, the senate president, and the commissioner of elementary and secondary education.
4. Eight (8) members of the commission shall constitute a quorum.
5. The commission shall meet at least two (2) times per year.

History of Section. P.L. 2001, ch. 388, § 1; P.L. 2017, ch. 209, § 1; P.L. 2017, ch. 245, § 1.

16-2.1-3. Definitions.

As used in this chapter, “civic education” means the goal of education in civic and government is informed, responsible participation in political life by competent citizens committed to the fundamental values and principles on American constitutional democracy. Their effective and responsible participation requires the acquisition of a body of knowledge and of intellectual and participatory skills. Effective and responsible participation also is furthered by development of certain dispositions or traits of character that enhance the individual’s capacity to participate in the political process and contribute to the healthy functioning of the political system and improvement of society.

History of Section. P.L. 2001, ch. 388, § 1.

16-3-1. Purpose of chapter.

The purpose of this chapter is to assist communities within the state to operate schools on a more efficient and economic basis through the development of regional school districts and to enhance the services of the schools in line with present day needs.

History of Section. P.L. 1958, ch. 197, § 1.

16-3-2. Purposes of regional school district schools.

Regional school districts may be organized for the establishment of schools for the purposes enumerated in this section:

1. To operate all schools and educational services;
2. To operate elementary or secondary schools;
3. To operate vocational or technical schools;
4. To operate a community college; and
5. To operate other schools as the people of the regional school district may determine, subject to the approval by the board of regents for elementary and secondary education.

History of Section. P.L. 1958, ch. 197, § 1; P.L. 1988, ch. 336, § 5.

16-3-3. Regional school educational services.

Regional school districts formed under the provisions of this chapter to operate any one of the types of schools listed in § 16-3-2 may establish any one or more of the following types of services for all the pupils of the regional school district if so specified in the agreement:

1. To provide education for individuals with disabilities;
2. To provide transportation for all schools in the regional district;
3. To provide school health services;
4. To provide guidance services;
5. To provide either general supervisory services for all the schools of the area or supervisory services in some special field such as vocational education; and
6. To provide other educational services as the people of the regional district may determine, subject to approval by the commissioner of elementary and secondary education.

History of Section. P.L. 1958, ch. 197, § 1; P.L. 1999, ch. 83, § 22; P.L. 1999, ch. 130, § 22.

16-3-3.1. Creation of regional school district planning board.

1. The commissioner of elementary and secondary education shall order the creation of a regional school district planning board for the purpose of conducting a study of the feasibility of regionalization or other cooperative ventures if any of the following conditions are found to exist:
   1. High school enrollments are below or are projected to be less than one hundred (100) per grade;
   2. Per pupil spending is sixty-six percent (66%) or less of the statewide average for three (3) consecutive years;
   3. The appropriating authority finds that the community does not have the fiscal and economic capacity to provide educational programs consistent with law and regulations, based on factors included but not limited to per pupil assessed valuation, and personal income;
   4. The commissioner of elementary and secondary education determines that a school district does not have the capacity to comply with the Basic Education Program (BEP).
2. In ordering the creation of a regional school district planning board the commissioner shall determine which cities or towns will be required to participate.
3. In mandating a regionalization study, the commissioner should make certain that the study address the following questions:
   1. Will regionalization allow the cities or towns to offer a complete K through 12 educational program (in particular, if the town or city currently “tuitions out” some of its students)?
   2. Will regionalization allow the school system to offer a more comprehensive and/or diversified program for high school students (i.e., advanced language, mathematics, etc., specialized and/or remedial courses)?
   3. Will regionalization, by its size alone, allow savings through “economies of scale”?
   4. What effect will regionalization have on transportation costs for the school district and transportation times for students?
   5. What effect will regionalization have on class size and will that be beneficial or detrimental to the students’ classroom performance, socialization skills, and/or participation in school activities?
   6. How will “spending per pupil” change with regionalization?
   7. Are there weaknesses in the curriculum or programs within a district that can be remedied by regionalization with a district with compensating strengths?
   8. What effect will existing labor contracts and bargaining agreements have on regionalization efforts?
   9. What new or diverse facility requirements will be needed if regionalization occurs and what are the costs of these facilities?
   10. What effect will regionalization have on disadvantaged and special populations within the districts?
   11. Will extracurricular activities and/or the student support services (guidance, library, etc.) be enhanced by regionalization?
   12. Will regionalization permit sufficient “local control” for all districts involved to assure parents that they have some influence on the education of their children?
   13. Will regionalization take into effect the unique socio-economic and cultural heritage of the participating cities and/or towns?
   14. Will regionalization have any effect on the vocational education program?
   15. Do comparative studies of regionalization in similar areas show improved school quality? and
   16. Do the regionalization plans take into effect projected demographic trends?
4. The regional school district planning board shall report its findings within eighteen (18) months of its creation.

History of Section. P.L. 1988, ch. 336, § 6; P.L. 1989, ch. 269, § 1.

16-3-4. Creation of planning committee — Appropriations.

1. Any city or town, by majority vote of its appropriating authority, may create a special unpaid committee to be known as a regional school district planning committee, to consist of three (3) members, two (2) of whom shall be appointed by the president of the city or town council and one of whom shall be appointed by the chairperson of the school committee; and shall at the same meeting appropriate for the expense of the committee a sum, not exceeding one tenth of one percent (.1%) of the assessed valuation of the city or town in the preceding year.
2. The committee may consist of more than three (3) members; if this is the case then two-thirds (2/3) shall be appointed by the president of the city or town council, and the remaining members by the chairperson of the school committee.
3. In cities and towns where the mayor or town administrator is directly elected, the committee shall be appointed in equal numbers of members by the mayor or town administrator, president of the city or town council, and chairperson of the school committee.

History of Section. P.L. 1955, ch. 3511, § 1; G.L. 1956, § 16-3-1 ; G.L. 1956, § 16-3-4 ; P.L. 1958, ch. 197, § 1; P.L. 1988, ch. 336, § 5.

16-3-5. Formation of regional planning board.

Regional school district planning committees from any two (2) or more cities or towns may join together to form a regional school district planning board or boards. A regional school district planning board shall organize immediately upon its formation by the election of a chairperson, vice-chairperson, and secretary treasurer.

History of Section. P.L. 1955, ch. 3511, § 1; G.L. 1956, § 16-3-2 ; G.L. 1956, § 16-3-5 ; P.L. 1958, ch. 197, § 1; P.L. 1988, ch. 336, § 5.

16-3-6. Studies and reports by planning board.

It shall be the duty of the regional school district planning board to study the advisability of establishing a regional school district, its organization, operation, and control, and of constructing, maintaining, and operating a school or schools and the types of services to be performed by the school or schools to serve the needs of the district; to estimate the construction and its operating costs; to investigate the methods of financing the school or schools, and any other matters pertaining to the organization and operation of a regional school district; and to submit a report of its findings and recommendations to the city or town councils of the several participating cities or towns. Planning boards created under § 16-3-3.1 shall include in their report the items listed in § 16-3-3.1 .

History of Section. P.L. 1955, ch. 3511, § 2; G.L. 1956, § 16-3-3 ; G.L. 1956, § 16-3-6 ; P.L. 1958, ch. 197, § 1; P.L. 1988, ch. 336, § 5.

16-3-7. Recommendations as to establishment of regional district.

The regional district planning board may recommend that there shall be established a regional school district which may include all the cities or towns represented by its membership, or alternatively, any specified combination of the cities or towns. If the regional district planning board so recommends, it shall submit a proposed agreement or agreements setting forth as to each alternative recommendation, if such be made, the following:

1. The number, composition, method of selection, and terms of office of the members of the regional district school committee.
2. The cities or towns in which the regional district school or schools are to be located.
3. The type of regional district school or schools and the type of services to be undertaken by the regional school district.
4. The method of apportioning the expenses of the regional school district, and the method of apportioning the costs of school construction, including any interest and retirement of principal of any bonds or other obligations issued by the district among the several cities or towns comprising the district, and the time and manner of payment of the shares of the several cities or towns of the expenses.
5. The method by which school transportation shall be provided, and if transportation is to be furnished by the district, the manner in which the expenses shall be borne by the several cities or towns.
6. The terms by which any city or town may be admitted to or separated from the regional school district.
7. The method by which the agreement may be amended.
8. The detailed procedure for the preparation and adoption of an annual budget.
9. Any other matters, not incompatible with law, which the board may deem advisable.

History of Section. P.L. 1955, ch. 3511, § 3; G.L. 1956, § 16-3-4 ; G.L. 1956, § 16-3-7 ; P.L. 1958, ch. 197, § 1; P.L. 1988, ch. 336, § 5.

16-3-7.1. Equalized representation.

Any other provisions of this chapter or any other general or public law to the contrary notwithstanding, members of the regional district school committee shall be selected from voting districts as nearly equal in population as is practicable within each city or town in the district, and member cities or towns in the districts shall be entitled to representation on the school committee in proportion to their population.

History of Section. P.L. 1970, ch. 225, § 1; P.L. 1988, ch. 336, § 5.

16-3-7.2. Transfer of North Providence school department.

The North Providence school department shall be transferred from the Providence vocational area to the William E. Davies vocational area.

History of Section. P.L. 1988, ch. 298, § 1.

16-3-8. Submission of agreement to board of regents for elementary and secondary education and the cities or towns.

Copies of the agreement drawn by the regional district planning board in accordance with § 16-3-7 shall be submitted to the state board of regents for elementary and secondary education for review and recommendation to the several cities or towns for their acceptance.

History of Section. P.L. 1955, ch. 3511, § 3; G.L. 1956, § 16-3-4 ; G.L. 1956, § 16-3-8 ; P.L. 1958, ch. 197, § 1; P.L. 1988, ch. 336, § 5.

16-3-9. Action by city or town on recommendations.

Each city or town council of the respective cities or towns shall, upon receipt of a recommendation that a regional school district should be formed, and of a proposed agreement submitted in accordance with the provisions of §§ 16-3-4 to 16-3-8 , and with the approval required by § 16-3-8 , direct the city or town clerk to cause the question of accepting the provisions of this and the following sections and the proposed agreement or agreements to be placed on the official warrant for the warning and calling of a special or annual financial town meeting or referendum to be held in either case within six (6) months after receipt of the recommendation by the city or town council, in substantially the following form:

“Shall the city or town accept the provisions of chapter 3 of title 16, providing for the establishment of a regional school district, together with the cities or towns of and , and the construction, maintenance, and operation of regional schools by the district in accordance with the provisions of a proposed agreement filed with the city or town council?”

History of Section. P.L. 1955, ch. 3511, § 4; G.L. 1956, § 16-3-5 ; G.L. 1956, § 16-3-9 ; P.L. 1958, ch. 197, § 1; P.L. 1988, ch. 336, § 5.

16-3-10. Acceptance by voters — Establishment of regional school district.

If a majority of the voters voting on the question in each of the several cities or towns shall vote in the affirmative to accept this chapter, the provisions of this chapter shall apply, and the proposed regional school district shall be deemed to be established in accordance with the terms of the agreement adopted.

History of Section. P.L. 1955, ch. 3511, § 4; G.L. 1956, § 16-3-6 ; G.L. 1956, § 16-3-10 ; P.L. 1958, ch. 197, § 1; P.L. 1988, ch. 336, § 5.

16-3-11. School committees of regional school districts — Powers and duties.

1. A regional school district established under the provisions of § 16-3-10 shall be a body politic and corporate with all the powers and duties conferred by law upon school committees and with the following additional powers and duties:
   1. To adopt a name and a corporate seal.
   2. To sue and be sued but only to the same extent and upon the same conditions that a city or town may sue or be sued.
   3. 1. To acquire by purchase, gift, or other means of transfer or by condemnation, land, and improvements within the district as a site for a school or schools. To acquire also by this method the rights of way and other easements as may be required in connection with the use of the site.
      2. For the purpose of acquiring land by condemnation for the site, the regional district is given all the powers conferred upon cities or towns for the condemnation of land for school purposes by § 16-9-5 ; provided, that the amount of land taken by the committee may exceed five (5) acres but shall not exceed thirty (30) acres for any one building site. The description, plat, and statement of the land taken under this chapter shall be signed by the chairperson of the regional district school committee and filed in the records of land evidence as provided in § 16-9-6 . The owners of land or any persons entitled to any estate or interest in it taken by the committee shall have the same right of petition, the right of jury trial, and all other rights under the provisions of §§ 16-9-7 and 16-9-8 .
      3. Upon the filing of the description, plat, and statement of the land taken, the title to the land shall vest absolutely and in fee simple in the regional school district notwithstanding that any of the land taken is devoted to a public use, and the district, acting by and through the district committee and its duly authorized agents, may immediately enter and take possession of the land without any process of law required by statute or common law, and remove any or all buildings, property, or other impediments, and occupy, use, and improve the land for the purposes of this chapter notwithstanding any other provision of law.
      4. The district, through its committee, is authorized and empowered to pay for the cost of acquiring land for the school site from the proceeds received from the sale of bonds issued pursuant to the provisions of this chapter, whether the property is acquired by purchase or by condemnation, or partly by purchase and partly by condemnation.
   4. To secure competent architectural and engineering services for the taking of surveys, the preparation of plans and specifications for the construction and equipment of a school or schools in the district, and to employ clerical assistance as may be necessary.
   5. To construct, furnish, and equip schools and improve the grounds upon which the schools are located and to make additions to the schools as may be needed.
   6. To make all contracts and agreements that may be necessary for the exercise of the powers vested in the district school committee by subdivisions (3), (4), and (5) of this subsection;
   7. To issue under its corporate name and seal bonds in serial form to an amount not exceeding the debt limits as described in this chapter. The bonds shall be signed by the chairperson and treasurer of the regional school district committee; the principal and interest shall be payable in any coin or currency of the United States that, at the time of payment, is legal tender for public and private debts, and the debt secured by the bonds shall be obligatory on the district to the same extent as other debts lawfully contracted by the district.
   8. To borrow temporarily and to issue temporary notes of the district, the proceeds of which shall be used only for the purposes set forth in subdivisions (3), (4), and (5) of this subsection. Each authorized issue shall constitute a separate loan. Each issue may be for a period of not more than three (3) years and notes issued for a shorter period may be refunded or renewed from time to time by the issue of other temporary notes maturing within the required period of three (3) years, provided, that the period from the date of issue of the original loan to the date of maturity of the refunding or renewal loans shall not be more than three (3) years. Temporary notes of the district shall be signed by the chairperson and treasurer of the regional district school committee, and may bear interest or be sold at a discount. The period and discount or interest rate and other particulars of the temporary notes shall be fixed by the district committee. The temporary notes and renewal notes, including interest or discount on the notes and the expense of preparing, issuing, and marketing the notes, shall, unless otherwise taken care of, be funded by the issue of serial bonds under the provisions of subdivision (7) of this subsection. The aggregate principal amount of temporary notes issued and outstanding under this subdivision shall not at any time exceed the sum of the serial bonds authorized to be issued.
   9. To incur temporary debt after the district school or schools are constructed and in operation in anticipation of revenue to be received.
   10. To apply for and receive, accept, and use any state or federal funds or assistance, or both, as may be provided, whether in the form of a grant or a loan, or both, on the same basis as other school districts, but subject to the provisions of this chapter; to receive, accept, and use any gift from private sources; to receive and disburse funds for any district purpose.
   11. To publish an annual report containing a detailed financial statement showing the total receipts and expenditures of the period covered by the report together with additional information relating to the maintenance and operating of the school or schools as may be deemed necessary by the regional district school committee.
   12. To engage legal counsel.
   13. To engage and employ a superintendent of the district who may also be a principal of a district school or schools on a contractual basis for either a definite or indefinite term as the regional school district school committee shall decide. The person employed shall have all the powers and duties imposed upon a superintendent of schools by law.
2. The powers, duties, and liabilities of a regional school district as set forth in this chapter, together with any other powers and duties pertaining to school committees prescribed by the laws of this state and not inconsistent with the provisions of this chapter, shall be vested in and exercised by a regional district school committee organized in accordance with the terms of the agreement. The committee shall choose by ballot a chairperson from its membership. It shall also appoint a clerk and a treasurer who may be the same person, and who need not be a member or members of the committee. The treasurer shall receive and take charge of all money belonging to the district and shall pay all bills and indebtedness of the district that have been approved by the committee; provided, that expenditures, encumbrances, and accruals shall not in any fiscal year exceed the total revenue belonging to the district. Should the treasurer estimate that actual expenses may exceed total available revenue in any fiscal year, he or she shall notify the school committee and the superintendent of schools, and the chief elected officials of the cities or towns. Purchase orders or financial commitments shall not be authorized even on the order of the school committee unless it can be proven that there will not be an excess of expenditures, encumbrances, and accruals over revenues. The clerk and the treasurer shall give bond to the district in the sum and with the surety as shall be satisfactory to the committee and conditioned for the faithful performance of the duties of the office.
3. Nothing contained in this section shall be construed to prohibit a regional district school committee from negotiating and contracting with school employees and teachers for services to be rendered in the ensuing fiscal years pursuant to chapters 9.3 and 9.4 of title 28.
4. The regional district school committee shall annually cause an audit to be made of the accounts of the regional school district and on completion of each audit, a report shall be made to the chairperson of the committee.
5. 1. Notwithstanding any provisions of the general laws to the contrary, the requirement defined in this subsection shall apply. The school committee of each school district shall be responsible for maintaining a school budget which does not result in a debt.
   2. The school committee shall, within thirty (30) days after the close of the first and second quarters of the state’s fiscal year, adopt the budget as may be necessary to enable it to operate without incurring a debt, as described in subdivision (1) of this subsection.
   3. In the event that any obligation, encumbrance or expenditure by a superintendent of schools or a school committee is in excess of the amount budgeted or that any revenue is less than the amount budgeted, the school committee shall within five (5) working days of its discovery of potential or actual over expenditure or revenue deficiency, submit a written statement of the amount of and cause for the over obligation or over expenditure or revenue deficiency to the town council president and such other person who by local charter or statute serves as the city or town’s executive officer; the statement shall further include a statement of the school committee’s plan for corrective actions necessary to meet the requirements of subdivision (1) of this subsection. The plan shall be approved by the auditor general.

History of Section. P.L. 1958, ch. 197, § 1; P.L. 1980, ch. 152, § 3; P.L. 1981, ch. 397, § 1; P.L. 1988, ch. 84, § 72; P.L. 1988, ch. 336, § 5; P.L. 1991, ch. 44, art. 44, § 2.

16-3-12. Regional school district financial meeting — Special meetings.

1. The regional school district financial meeting to which all the voters qualified to vote in their respective cities or towns on any proposition for the imposition of a tax or the expenditure of money shall be held on the first Monday in February of each year at eight o’clock (8:00) p.m. at the regional school district high school or any other location that the regional school district committee may publicly designate in advance; provided, however, that:
   1. The Exeter-West Greenwich regional school district meeting shall be held on the second (2nd) or third (3rd) Monday of April of each year at the discretion of the school committee at seven o’clock (7:00) p.m.; and
   2. The Chariho Regional School District meeting for the calendar year 2002 only shall be held no later than March 23, 2002 at a time and date to be determined by the regional district school committee. The regional district school committee shall prepare and approve a budget no later than thirty (30) days prior to the annual meeting date. The regional district school committee shall adopt a final proposed budget no later than ten (10) days prior to the annual meeting date and the treasurer of the regional school district shall certify the charge per pupil to each district treasurer by April 9, 2002.
2. Special meetings may be called by vote of the regional school district committee or upon petition of two hundred (200) district voters filed in writing with the committee; provided, however, that for the Exeter-West Greenwich Regional School District, a petition of five percent (5%) of registered voters shall be required to call a special meeting and the petition must be filed on or before May 15 of any year. The petition shall be presented in proper format with the signature, the printed name and the address of each registered voter, to the school committee at a duly convened school committee meeting.

History of Section. P.L. 1958, ch. 197, § 1; P.L. 1970, ch. 149, § 1; P.L. 1991, ch. 16, § 1; P.L. 1991, ch. 380, § 1; P.L. 1992, ch. 3, § 1; P.L. 1993, ch. 3, § 1; P.L. 1993, ch. 13, § 1; P.L. 1993, ch. 14, § 1; P.L. 1994, ch. 4, § 1; P.L. 1995, ch. 8, § 1; P.L. 1995, ch. 11, § 1; P.L. 1996, ch. 9, § 1; P.L. 1997, ch. 4, § 1; P.L. 1997, ch. 7, § 1; P.L. 1998, ch. 5, § 1; P.L. 1999, ch. 3, § 1; P.L. 2000, ch. 6, § 1; P.L. 2000, ch. 7, § 1; P.L. 2001, ch. 2, § 1; P.L. 2001, ch. 4, § 1; P.L. 2001, ch. 86, § 27; P.L. 2002, ch. 11, § 1; P.L. 2002, ch. 12, § 1; P.L. 2004, ch. 47, § 1; P.L. 2004, ch. 230, § 1; P.L. 2006, ch. 114, § 1; P.L. 2006, ch. 197, § 1.

16-3-13. Powers of regional school district financial meeting.

The regional school district financial meeting shall determine the regional school district budget as to overall amounts, the decision as to the levying of taxes covering the functions of the regional school district, the purchase of land and the construction of buildings, the extension of the scope of the functions of the regional school district as approved by the board of regents for elementary and secondary education, and the election of members to the regional school district school committee.

History of Section. P.L. 1958, ch. 197, § 1.

16-3-14. Regional representatives.

In cities and towns that do not have a regional school district financial meeting, the regional school committee or an alternative mechanism approved by the board of regents for elementary and secondary education shall determine the regional school district budget as to overall amounts, the purchase of land, and the construction of buildings.

History of Section. P.L. 1958, ch. 197, § 1; P.L. 1988, ch. 336, § 5.

16-3-15. Moderator and clerk.

The moderator of the regional school district financial meeting shall be the chairperson of the regional school district committee and the clerk of the meeting shall be the clerk of the regional school district committee.

History of Section. P.L. 1958, ch. 197, § 1.

16-3-16. Operation expenses.

The school district financial meeting or the regional representatives under the provisions of § 16-3-14 shall not be subject to tax limitations for operational purposes except as specifically provided in the agreement.

History of Section. P.L. 1958, ch. 197, § 1; P.L. 1988, ch. 336, § 5.

16-3-17. Capital outlay debt limitation.

The regional school district financial meeting or regional representatives under the provisions of § 16-3-14 shall be subject to the statutory debt limit for incurring debt for capital outlay purposes in those regional school districts embracing all the educational functions of the area to ten percent (10%) of the full valuation of the taxable real property within the district as determined by the department of administration. If this results in increasing the debt requirements over the debt limits of any town or city which represents less than half (1/2) of the true valuation of the regional school district, this shall not be considered as a violation of the debt limit in the town or city.

History of Section. P.L. 1958, ch. 197, § 1; P.L. 1988, ch. 336, § 5.

16-3-18. Transfer and use of plant.

In any instance where the regional school district embraces functions formerly performed by towns and cities within their borders which require the utilization of a plant, the plant shall be transferred to the regional school district or rented by it, and if transferred the regional school district shall assume responsibility for the servicing of outstanding debts on the plant.

History of Section. P.L. 1958, ch. 197, § 1.

16-3-19. Costs of operation — Payment of debts — Apportionment among district members.

1. 1. The cost of the operation of a regional school district and the cost of payment of an indebtedness of the regional school district authorized by the regional school district financial meeting or regional representatives under the provisions of § 16-3-14 shall be borne by the member towns and/or cities that comprise the regional school district in that proportion that the equalized weighted assessed valuation of the property of the towns and cities that lie within the regional school district as determined from the latest figure certified by the department of revenue bears to the total equalized weighted assessed valuation of the total property of the regional school district, or, if the figures from the department of revenue are not available, the latest figures on equalized weighted assessed valuation used by the state department of elementary and secondary education in determining equalization aid under chapter 7 of this title shall be used.
   2. However, the apportionment of the cost of operating a regional school district and the cost of paying indebtedness may be determined by the members towns and/or cities that comprise the regional school district in a manner approved by a majority vote within each member community.
2. On or before March 1 in each year the treasurer of the regional school district shall determine the proportionate share of the cost of the operation and the cost of the capital debt service payments of the regional school district for the next regional school district fiscal year to be borne by the towns and/or cities that comprise the regional school district in the manner prescribed in subsection (a) of this section, and he or she shall notify the town or city treasurer of the towns and/or cities comprising the regional school district of the total amount of money necessary to be raised from the regional school district taxpayers of each town or city for the operation of the regional school district for the fiscal year following.

History of Section. P.L. 1958, ch. 197, § 1; P.L. 1988, ch. 84, § 72; P.L. 1988, ch. 336, § 5; P.L. 2006, ch. 246, art. 38, § 2.

16-3-20. Appropriations by member towns.

1. Each city or town that is a member of a regional school district shall annually appropriate a sum sufficient to pay its proportionate share of the interest on the bonds and notes issued and outstanding under authority of this chapter, and also to pay its proportionate share of the principal of the bonds and notes maturing in any one year until the bonds and notes are fully paid.
2. Each city or town that is a member of the district shall annually appropriate a sum sufficient to pay its proportionate share of the operation of the regional school district in accordance with the terms of the agreement.

History of Section. P.L. 1958, ch. 197, § 1; P.L. 1988, ch. 336, § 5.

16-3-21. Payments by members.

The town or city treasurer of each town or city of the regional school district shall forward to the regional school district treasurer on July 1, October 1, January 1, and April 1 one-fourth (1/4) of the amount due for the operation of the regional school district for the fiscal year beginning July 1 from each town or city or parts thereof comprising the regional school district.

History of Section. P.L. 1958, ch. 197, § 1.

16-3-22. Regional school fiscal year.

The regional school district fiscal years shall begin on July 1.

History of Section. P.L. 1958, ch. 197, § 1.

16-3-23. Repealed.

History of Section. P.L. 1958, ch. 197, § 1; Repealed by P.L. 1960, ch. 27, § 12.

16-3-24. Additional state assistance.

In the event the general assembly shall enact legislation providing for financial assistance to cities and towns for school construction or for assisting the cities and towns in servicing the debt already incurred for the construction of schools, any regional school district shall be entitled to share in the aid in the same manner as any city or town.

History of Section. P.L. 1958, ch. 197, § 1.

16-3-25. Districts organized prior to 1959.

1. A regional school district organized prior to January 1, 1959, shall be governed by the provisions of the act establishing it and the provisions of this chapter not inconsistent with it.
2. Amendments to the date of financial district meetings shall not be considered inconsistent with acts establishing pre-1959 regional school districts provided those amendments are limited to one year only.

History of Section. P.L. 1958, ch. 197, § 2; P.L. 1992, ch. 6, § 1.

16-3-26. Appropriation for regionalization studies.

The cost of conducting the studies required under § 16-3-3.1 shall be borne by an annual state appropriation. The commissioner of elementary and secondary education shall establish regulations necessary to implement this section.

History of Section. P.L. 1988, ch. 336, § 6.

16-3.1-1. Purpose of this chapter.

The purpose of this chapter is threefold: to assist school districts within the state to establish cooperative service operations and the method of administering those operations; to provide for the delivery of administrative and instructional services desired by school districts; and to provide that the department of elementary and secondary education offer technical assistance to carry out the purpose of this chapter.

History of Section. P.L. 1975, ch. 246, § 1.

16-3.1-2. Agreements.

1. Any school committee, acting for or on behalf of its district, may enter into an agreement with one or more other school committees to conduct jointly instructional education programs and/or administrative functions, provided that the agreement has been reviewed and is recommended by the commissioner of elementary and secondary education and has the approval of each participating school committee.
2. The department of elementary and secondary education shall provide technical assistance to any school districts expressing interest in the formation of cooperative services. It shall review proposed agreements and make recommendations prior to the submission of the agreements to the commissioner of elementary and secondary education for his or her consideration.

History of Section. P.L. 1975, ch. 246, § 1.

16-3.1-3. Rules and regulations.

The board of regents for elementary and secondary education shall adopt regulations regarding all aspects of the agreement. Each agreement shall fully describe the services to be rendered, the terms by which each school district shall share in the cost of the services, and shall provide for a method of governing the services which services shall be considered a part of the public school system.

History of Section. P.L. 1975, ch. 246, § 1.

16-3.1-4. Financial incentives.

The board of regents for elementary and secondary education may provide for special grants which it may deem necessary to stimulate the formation of cooperative service arrangements, and it may establish the level of subsidy that it deems appropriate to continue the operation of any cooperative service area.

History of Section. P.L. 1975, ch. 246, § 1.

16-3.1-5. Termination of participation.

1. Each original agreement shall provide for the disposition, upon termination, of any unencumbered funds, equipment, supplies, and property, real or personal, held pursuant to the agreement. The commissioner of elementary and secondary education shall resolve any and all disputes among participating school districts which the governing body is unable to resolve.
2. Any school district that is a party to a cooperative service agreement may terminate its obligation at the end of any fiscal year by written notice to the commissioner of elementary and secondary education and all other parties, provided that notice is received at least six (6) months before the start of the state’s next ensuing fiscal year.

History of Section. P.L. 1975, ch. 246, § 1.

16-3.1-6. Collective bargaining agreements unaffected.

Nothing in this chapter shall allow any school district to abrogate any agreement reached by collective bargaining.

History of Section. P.L. 1975, ch. 246, § 1.

16-3.1-7. Newport County regional special education program.

Notwithstanding the provisions of any general or special law to the contrary, the school committees of the towns of Middletown, Portsmouth, Tiverton, and Little Compton are authorized and empowered to continue their cooperative efforts to provide special education programs and diagnostic services required by law or regulation, and related functions, through participation in the Newport County regional special education program and, for that purpose, to assign and delegate to their respective school committee chairs or designee or superintendents of schools or designee, acting as a regional board duties, responsibilities, and powers as the committees may deem necessary or desirable for the conduct, administration, and management of the regional special education program. In matters pertaining to the regional special education program, the regional board shall constitute and act as the school board referred to in chapter 24 of this title.

History of Section. P.L. 1979, ch. 310, § 1; P.L. 2003, ch. 433, § 1.

16-3.1-8. Regional center collaborative — Northern Rhode Island.

1. Notwithstanding the provisions of any general or special law to the contrary, the school committees of the cities and towns of Lincoln, Cumberland, Pawtucket, Central Falls, Woonsocket, Smithfield, North Smithfield, North Providence, Johnston, Foster, Glocester, Foster-Glocester regional school district, and Burrillville are authorized and empowered to continue and/or initiate cooperative efforts to provide special education programs and diagnostic services required by law or regulation, to utilize technology, including without limitation television, to provide limited interest curriculum, and to provide programs for the gifted and talented, all on a collaborative basis. The various school committees may assign and delegate to their respective school committee chairs or designee or superintendents of schools or designee, acting as a regional board, any duties, responsibilities, and powers that the committees may deem necessary for the conduct, administration, and management of the regional center collaborative of northern Rhode Island.
2. The Northern Rhode Island Collaborative, as a nonprofit corporation, shall have all the powers provided in the R.I. Nonprofit Corporation Act (RI Gen. Laws § 7-6-1 , et seq.):
   1. To purchase, take, receive, lease, take by gift, or otherwise acquire, own, hold, mortgage, finance, improve, and use a certain parcel of realty and fixtures thereon located at 300 George Washington Highway, Smithfield, Rhode Island, and any parcels of realty contiguous thereto.
   2. To create a wholly-owned subsidiary entity for the purpose of facilitating any of the powers, duties and responsibilities referred to above.

History of Section. P.L. 1986, ch. 515, § 1; P.L. 2003, ch. 433, § 1; P.L. 2007, ch. 353, § 1; P.L. 2007, ch. 471, § 1; P.L. 2013, ch. 501, § 17.

16-3.1-9. Regional collaborative.

Notwithstanding the provisions of any general or special law to the contrary, the school committees of the towns and school districts of Westerly, New Shoreham, Chariho regional school district, Narragansett, Jamestown, South Kingstown, North Kingstown, East Greenwich, and the Exeter-West Greenwich regional school district are authorized and empowered to continue and/or initiate cooperative efforts to provide services included but not limited to special education programs and diagnostic services required by law or regulation; to utilize technology without restriction; to provide limited interest curriculum; and to provide programs for the gifted and talented, all on a collaborative basis. The intent of the regional collaborative is to provide the opportunity for all children to receive educational services locally. The various school committees may assign and delegate to their respective school committee chairs or designee or superintendents of schools or designee, acting as a regional board, any duties, responsibilities and powers that the committees may deem necessary for the conduct, administration, and management of the regional collaborative — southern Rhode Island. A bylaw committee shall be named by the commission to study the feasibility of creating a south county regional network center to provide multiple services for students with disabilities. The committee’s membership should consist of three (3) special education directors, three (3) superintendents, three (3) parents, and two (2) other interested persons from the participating towns and school districts and any other person that the governing regional board may deem necessary. This regionalized collaborative shall enjoy any regionalized bonus aid wherever applicable to collaboratives or cooperative service areas.

History of Section. P.L. 1988, ch. 620, § 1; P.L. 1991, ch. 420, § 1; P.L. 1999, ch. 83, § 23; P.L. 1999, ch. 130, § 23; P.L. 2001, ch. 86, § 28; P.L. 2003, ch. 433, § 1.

16-3.1-9.1. Regional collaborative — West Bay Rhode Island.

Notwithstanding the provisions of any general or special law to the contrary, the school committees of the towns and school districts of West Warwick, Providence, Warwick, Coventry, Cranston, Scituate, Foster-Glocester regional school district, Foster, and Glocester are authorized and empowered to study and/or continue and/or initiate cooperative efforts to provide services included but not limited to special education programs and diagnostic services required by law or regulation; to utilize technology without restriction; to provide limited interest curriculum; and to provide programs for the gifted and talented, all on a collaborative basis in an effort to improve efficiency and cost effectiveness. The intent of the regional collaborative is to provide the opportunity for all children to receive educational services locally. The various school committees may assign and delegate to their respective school committee chairs or designee or superintendents of schools or designee, acting as a regional board any duties, responsibilities and powers that the committees may deem necessary for the conduct, administration and management of the regional collaborative — West Bay Rhode Island.

History of Section. P.L. 1990, ch. 306, § 1; P.L. 2003, ch. 433, § 1.

16-3.1-10. Regional center collaborative — East Bay Educational Collaborative.

1. Notwithstanding the provisions of any general or special law to the contrary, the school committees of the cities and towns of Barrington, Bristol, East Providence, Little Compton, Middletown, Newport, Portsmouth, Tiverton, and Warren are authorized and empowered to continue and/or initiate cooperative efforts to provide educational programs and/or services on a collaborative basis. The various school committees may assign and delegate to their respective school committee chairs or designee or superintendents of schools or designee, acting as a regional board of directors, any duties, responsibilities, and powers that the committees may deem necessary for the conduct, administration, and management of the East Bay Educational Collaborative.
2. Notwithstanding the above enumerated powers, duties and responsibilities referred to above and in chapter 3.1 of this title, the East Bay Educational Collaborative, as a nonprofit corporation incorporated pursuant to the R.I. Nonprofit Corporation Act (RI Gen Laws § 7-6-1 , et seq.), shall have the authority to:
   1. Purchase, take, receive, lease, take by gift, devise, or bequest, or otherwise acquire, own, hold, improve, use and otherwise deal in and with real estate, including their current site location, to wit, 317 Market Street, Warren, Rhode Island, or such other site as meets the administrative and/or operational needs of the East Bay Educational Collaborative, subject to the approval of five (5) of the eight (8) school committees of the member districts of the collaborative or a majority of the school committees that are members of the collaborative at the time.
   2. Sell, convey, mortgage, finance, bond, lend, lease, exchange, transfer, and otherwise dispose of all or any part of its property and assets, both real or personal, subject to the approval of five (5) of the eight (8) school committees of the member districts of the collaborative or a majority of the school committees that are members of the collaborative at the time.

History of Section. P.L. 1989, ch. 173, § 1; P.L. 2003, ch. 433, § 1; P.L. 2005, ch. 213, § 1; P.L. 2005, ch. 373, § 1; P.L. 2013, ch. 501, § 17.

16-3.1-11. Urban collaborative.

Notwithstanding the provisions of any general or special law to the contrary, the school committees of the cities of Providence, Pawtucket, East Providence, Central Falls and other Rhode Island school districts as may be approved for inclusion by existing member districts in accordance with collaborative bylaws are authorized and empowered to continue and/or initiate cooperative efforts to provide alternate education programs and/or diagnostic services required by law or regulation for students achieving limited success in traditional settings and to do all things necessary including, but not limited to utilization of technology, including television, all on a collaborative basis. The various school committees may assign and delegate to their respective school committee chairs or designee or superintendents of schools or designee, acting as a regional board any duties, responsibilities, and powers that the committees may deem necessary for the conduct, administration, and management of the urban collaborative. Beginning on July 1, 2013 the urban collaborative shall be funded pursuant to the provisions of § 16-7.2-3 . The state share of the permanent foundation education aid shall be paid directly to the urban collaborative pursuant to the provisions of § 16-7.2-7 . The local school district shall transfer the difference between the calculated state share of the permanent foundation education aid and the amount calculated pursuant to the provisions of § 16-7.2-7 to the urban collaborative, until the transition of the state share is complete. In addition, the local school district shall pay the local share of education funding to the urban collaborative as outlined in § 16-7.2-5 .

The urban collaborative shall be eligible to receive other aids, grants, Medicaid revenue, and any other revenue according to Rhode Island law, as though it were a school district. Federal aid received by the state shall be used to benefit students in the urban collaborative, if the school qualifies for the aid, as though it were a school district.

History of Section. P.L. 1989, ch. 173, § 1; P.L. 1999, ch. 28, § 1; P.L. 1999, ch. 194, § 1; P.L. 2003, ch. 433, § 1; P.L. 2012, ch. 241, art. 12, § 9; P.L. 2013, ch. 270, § 1; P.L. 2013, ch. 352, § 1.

16-3.1-12. Repealed.

History of Section. P.L. 1989, ch. 173, § 1; Repealed by P.L. 2001 ch. 86, § 29, effective July 6, 2001.

16-3.1-13. Reporting.

Any collaborative established under this chapter shall implement a uniform system of accounting in compliance with § 16-2-9.3 to track their expenditures and investments and file a report on said expenditures and investments by October 1, of each year, with the Rhode Island board of regents for elementary and secondary education, the office of the auditor general, the Rhode Island senate committee on education and finance, the Rhode Island house of representatives committee on health, education and welfare and finance and local school committees. Each collaborative shall also file periodic reports, to the board of regents, the senate education committee and the house health, education and welfare committee, detailing their activities and programs.

History of Section. P.L. 2003, ch. 433, § 2; P.L. 2008, ch. 149, § 2; P.L. 2008, ch. 192, § 2.

16-3.1-14. Short title.

This chapter shall be known and may be cited as the “Cooperative Service Among School Districts Act of 2010.”

History of Section. P.L. 2010, ch. 86, § 1; P.L. 2010, ch. 108, § 1.

16-3.1-15. Declaration of purpose.

1. A collaborative approach to the dual mission of educational effectiveness and business efficiency is the purpose of this educational collaborative act. The goal is to maximize both educational effectiveness and business services which will lead to cost savings. The educational collaborative system will allow school districts to more appropriately concentrate on educating at the most local level, which should be their prime mission. This system can be defined as including not only the regional educational collaboratives and their boards, local district school committees and district superintendents, operating as private, nonprofit educational service agencies, but also the board of regents and the commissioner of the Rhode Island department of elementary and secondary education.
2. As used herein, the terms “collaborative,” “educational collaborative,” “regional collaborative,” and combinations thereof, shall be deemed to refer to the collaboratives established pursuant to this chapter, and recognized as 501(c)3 nonprofit corporations incorporated pursuant to the Rhode Island Nonprofit Corporation Act, Rhode Island general laws § 7-6-1 , et seq. Nothing in this legislation is intended to erode the legal status of the regional collaboratives as 501(c)3’s and their boards of directors must be cognizant to their legal and fiduciary responsibilities to these enterprises.
3. The purpose of this act is also to bring the efforts of the members of the educational collaborative system, listed in subsection (a) above, into appropriate and productive dialogue and relationship with one another, in order to bring about the business efficiencies and quality instructional practice the legislature desires.

History of Section. P.L. 2010, ch. 86, § 1; P.L. 2010, ch. 108, § 1.

16-3.1-16. Financial incentives.

The board of regents for elementary and secondary education may provide for special grants that it may deem necessary to stimulate and encourage the development of cooperative service agreements that would be administered by the area educational collaborative. The regents may also establish an ongoing level of subsidy that it deems appropriate to continue the operation of any cooperative service area.

History of Section. P.L. 2010, ch. 86, § 1; P.L. 2010, ch. 108, § 1.

16-3.1-17. Rules and regulations.

1. The board of regents for elementary and secondary education shall adopt rules and regulations regarding all aspects of the educational collaboratives mission and goals.
2. Instructional education programs and/or administrative and/or best business practice plans will be submitted to, and approved by, the commissioner of elementary and secondary education.
3. Each educational collaborative will submit a plan to the board of regents for approval by the commissioner of elementary and secondary education, that will increase efficiencies and economies of scale in providing instructional services. The plan will incorporate best practices from business, reflect a regional approach and accompanying volume increase, and shall include, but not be limited to, measures concerning:
   1. Teacher training programs and staff development;
   2. Special education programs and diagnostic services required by law or regulation and related functions;
   3. Programs for the gifted and talented;
   4. Programs for students who are at risk of suspension or expulsion;
   5. Development of shared instructional services;
   6. Act as regional or statewide administrative unit, or enabling unit, or as a participant of a joint purchasing agreement or agreements established pursuant to § 16-2-9.2 , for such functions as transportation, cooperative purchasing of food, and other noninstructional support services, such as the purchasing of oil, gas, electricity, health care contracts, supplies, payroll and other business operations, as may be appropriate;
   7. Any other consolidation of services and purchasing that achieves efficiencies and cost savings.
4. An educational collaborative may contract with a school district that is not a participating member, or another educational collaborative. Districts may contract any of their functions, individually and collectively, in whole or in part, to a regional collaborative when such contracting will increase efficiencies and economies of scale in providing instructional and business services.
5. The board of regents should consider the progress made or planned as reported and provide for special grants to stimulate the formation of cooperative service arrangements, or a level of subsidy appropriate to launch or continue the operation of any cooperative service area.

History of Section. P.L. 2010, ch. 86, § 1; P.L. 2010, ch. 108, § 1.

16-3.1-18. Board of directors.

Each educational collaborative’s board of directors will set policies and programs consistent with the aims and intents of this legislation for approval by the department of education and developed in conjunction with educational collaborative staff. Each participating school committee will appoint one member to the respective governing board. The board of directors will include an odd number of members. In the case of educational collaboratives with an even number of participating school districts, regional school districts may appoint two (2) members. School committees can appoint anyone they choose to the board of directors from their membership.

History of Section. P.L. 2010, ch. 86, § 1; P.L. 2010, ch. 108, § 1.

16-3.1-19. Collective bargaining agreements unaffected.

Nothing in this chapter shall allow any school district to abrogate any agreement reached by collective bargaining.

History of Section. P.L. 2010, ch. 86, § 1; P.L. 2010, ch. 108, § 1.

16-3.1-20. Building ownership.

Nothing in this chapter shall limit any of the five (5) educational collaboratives from purchasing, leasing, taking by gift, or otherwise acquiring, own, hold, mortgage, finance, improve, and use real estate for purposes of furthering their mission and goals to meet their administrative and operational needs. An affirmative majority of the educational collaborative’s board of directors will be needed to purchase, lease, mortgage or finance real estate. Such real estate may be exempt from local property taxes as described in Rhode Island general laws § 44-3-3 .

History of Section. P.L. 2010, ch. 86, § 1; P.L. 2010, ch. 108, § 1.

16-3.1-21. YouthBuild Preparatory Academy.

1. Notwithstanding the provisions of any general or special law to the contrary, the school committees of the cities of Providence and Central Falls are authorized and empowered to initiate and implement cooperative efforts, including, but not limited to, collaborative use of technology, to provide an alternative, diploma-granting secondary education program to be known as the YouthBuild Preparatory Academy (hereinafter “academy”) for their respective resident students ages fourteen (14) to twenty-one (21) who are achieving limited success in traditional settings.
   1. The purpose of this section is to further enable the school committees of the cities of Providence and Central Falls:
      1. To support students at risk of school failure, with a special focus on the diverse needs of urban students, to create an environment for individual growth, and to cultivate social and emotional development;
      2. To offer a rigorous and relevant standards-driven, experiential learning community, and to provide college and career preparatory education based on guided, project-based core curriculum with an emphasis on education, human services, and community development; and
      3. To provide an alternative learning environment for disconnected and at-risk students desiring to complete their academic careers in a setting that offers comprehensive support services, accelerated academic curriculum, leadership development, and life skills that will enable them to become resilient, self-sufficient adults.
   2. The YouthBuild Preparatory Academy shall be operated under the provisions of this chapter. Students attending the YouthBuild Preparatory Academy will do so on a full-time basis with the costs for their education at the academy being shared by the state and the district of residence as described in § 16-7.2-5 .
   3. The YouthBuild Preparatory Academy shall be governed by a board of trustees; with the exception of those powers and duties reserved by the commissioner of elementary and secondary education, the board of education, and the school committees of the cities of Providence and Central Falls, the board of trustees shall have the powers and duties of school committees.
   4. Composition of the board of trustees.  The board of trustees of the YouthBuild Preparatory Academy shall consist of:
      1. One appointee of the board of trustees of the Central Falls school district;
      2. One appointee of the school board of the city of Providence; and
      3. The council on elementary and secondary education shall appoint the remaining members of the board of trustees of the YouthBuild Preparatory Academy with input from the commissioner of elementary and secondary education. Prior to enrolling students, the board of trustees shall present a plan for the governance, administration, and operation of the YouthBuild Preparatory Academy, including the nature and extent of parental, professional educator, and community involvement in the governance and operation of the YouthBuild Preparatory Academy, and the means of ensuring accountability, to the commissioner, the Providence and Central Falls school districts, and the council on elementary and secondary education.
   5. The academy authorized under this section shall be subject to educational and financial standards and reporting as deemed necessary by the department of elementary and secondary education.
2. The YouthBuild Preparatory Academy shall be eligible to receive other aid, grants, Medicaid revenue, and any other revenue according to Rhode Island law, as though it is a school district. Federal aid received by the state shall be used to benefit students in the YouthBuild Preparatory Academy, if the school qualifies for the aid, as though it is a school district.

History of Section. P.L. 2016, ch. 208, § 1; P.L. 2016, ch. 210, § 1.

16-3.2-1. Declaration of policy.

As part of the effort to transform education in Rhode Island, the general assembly is committed to developing and supporting strategies that foster cultures of excellence, innovation, and continuous improvement in Rhode Island schools. The general assembly believes that all district schools benefit from effective leadership, strong labor/management collaboration, strong community support and engagement, and the autonomy and flexibility to continuously improve instruction and implement and adopt strategies that meet the needs of their students. The general assembly therefore in this act establishes empowerment schools, which shall remain within a public-school district, under the district leadership of the superintendent and school committee, but which shall be managed collaboratively on site by the principal and the faculty, as an additional opportunity for supporting more high-performing and innovative schools within the Rhode Island system of public education. A school that volunteers to be an empowerment school, as defined in this chapter, shall have unprecedented levels of regulatory and statutory flexibility; school-based autonomy, including autonomy over budget; flexibility in school-based instructional policies and professional practices defined through shared leadership; and be uniquely positioned to create compelling learning environments responsive to increased student and parent/family empowerment. Similarly, in this act, the general assembly establishes the affirmative right for students and their parents/families to enroll in an empowerment school that is different than their assigned school based on residence, in order to seek innovative instructional policies and practices that best match their learning needs, so long as the empowerment school has elected, as part of its empowerment plan, to accept students from other schools within the student’s district of residence.

History of Section. P.L. 2016, ch. 142, art. 11, § 7.

16-3.2-2. The empowerment school.

1. The following entities may be designated as an empowerment school: a school in a public-school district, a school within a school in a public-school district, a career and technical education program within a public-school district, a state school.
2. Except as otherwise provided in this chapter, all statute regulations, and collective bargaining agreement terms and conditions shall apply to empowerment schools.
3. Notwithstanding §§ 16-2-9 and 16-2-11 , the principal and professional staff of a empowerment school, acting in concert as a school leadership team, shall make decisions regarding the school’s policies and practices, including, but not limited to, curriculum, instructional practices, policies and procedures, calendar and schedule, allocation of resources, staffing, and professional development, consistent with the district collective bargaining agreement and school-based amendments as defined in § 16-3.2-4(f). Leadership teams shall determine methods to document and communicate the latest decisions that emerge through the leadership team process. Noncertified staff, parents, students, and community members may also be members of the school leadership team at the school’s discretion. The principal shall have final authority in all instructional, personnel, managerial, and operational matters, except for those matters expressly delegated to the school leadership team through the participatory leadership process, consistent with the district collective bargaining agreement and school-based amendments as defined in § 16-3.2-4(f).
4. Students from the district in which the empowerment school is located shall be funded either pursuant to §§ 16-3.2-7 and 16-7.2-5 or, based on mutual, written agreement between the superintendent and the principal of the empowerment school, in accordance with an alternative agreement with the school district.
5. Teachers and other staff who work in empowerment schools shall maintain their full status as members of their respective bargaining unit and as employees of the district and service in an empowerment school shall not be deemed to be an interruption of service in the school district for purposes of seniority and teachers’ retirement.
6. Although existing collective bargaining agreements shall apply to an empowerment school, empowerment schools shall be eligible to amend the existing districtwide collective bargaining agreement through an expedited and timely process, subject to approval of the superintendent, district union membership, and school committee. School-based amendments to the districtwide collective bargaining agreement shall be non-precedent setting for future district bargaining or contract administration. In all instances, final approval or non-approval by all parties of school-based amendments to the districtwide collective bargaining agreement shall be made within ninety (90) days of submission of such request.

History of Section. P.L. 2016, ch. 142, art. 11, § 7.

16-3.2-3. Procedure for creation of an empowerment school.

1. The commissioner of elementary and secondary education shall develop a process for a public school, with the approval of its superintendent and school committee, to be designated as an empowerment school with the duties, responsibilities, and autonomies set forth in this chapter. Said process shall also address the manner in which a school and its school committee can convert an empowerment school back to a traditional public school. No existing public school shall be converted into an empowerment school or back to a traditional public school unless two-thirds (2/3) of the full-time professional staff currently assigned to the eligible entity described in § 16-3.2-4 approve the proposal. The empowerment school application process and timeline shall be determined by the commissioner and include information including, but not limited to, the vision for the empowerment school; the means it will use to improve school performance and student achievement; performance criteria that will be used to measure student learning at least sufficient to participate in the state accountability plan; a plan for the governance, administration, and operation of the empowerment school; whether the school will be funded via §§ 16-3.2-7 and 16-7.2-5 or through an alternative written agreement between the superintendent and the principal of the empowerment school; and the state statutes, state regulations, contract provisions, and school district rules from which variances or waivers are sought in order to facilitate operation of the empowerment school. The application shall include a description of the authority of the principal and how employment decisions of the principal would impact the teacher and staff assignment process within a school district. In order to facilitate statewide innovation, approved empowerment school plans shall be posted publicly.
2. Upon deeming an application to be satisfactory, the superintendent and school committee shall transmit its approval of the designation to the commissioner of elementary and secondary education, who shall then register the school as an empowerment school subject to the duties, responsibilities, and autonomies of this chapter.

   Nothing in this chapter shall require an empowerment school to include all of the provisions of this chapter in its locally approved plan. In other words, empowerment plans may include only a locally determined subset of the provisions made possible by this chapter.

   Nothing in this chapter shall prevent the creation of school-based amendment to the district collective bargaining agreement, as defined in § 16-3.2-4(f), to incorporate all or part of the empowerment plan into the local collective bargaining agreement.

3. If the designation of an empowerment school is approved by the superintendent and school committee, it shall be authorized to operate for a period of up to three (3) years. The empowerment school plan may be modified as necessary during its period of authorization and may be renewed for increments up to three (3) years utilizing the same process outlined herein for initial designation and registration.
4. Upon registration of the empowerment school designation by the commissioner of elementary and secondary education, the commissioner shall be deemed to have authorized all necessary variances from statutes and regulations enumerated in the application.

History of Section. P.L. 2016, ch. 142, art. 11, § 7.

16-3.2-4. Empowerment school principal.

1. Principals of empowerment schools shall be the educational leaders and administrators of their schools and shall supervise the operation and management of their schools and school property. It shall be the responsibility of the principal to promote participatory decision-making among all professional staff for the purposes of developing educational policy and practices. The term professional staff shall include all teachers, administrators, instructional leaders, specialists, and related service providers who are certified by the state as education professionals. Principals employed under this section shall be responsible for recommending the hiring and assigning all teachers and other professional staff, athletic coaches, instructional, or administrative aides and any other personnel assigned to the school and for terminating all such personnel, subject to this chapter and the review and approval of the superintendent. Any assignment to an empowerment school of a teacher previously employed in another school in the district, including, but not limited to, voluntary transfer, involuntary transfer, reduction in force, and recall, shall be subject to the approval of the principal, consistent with the district collective bargaining agreement and school-based amendments as defined in § 16-3.2-4(f). No teacher or staff may be laid-off, suspended, or terminated by a school district who would not otherwise have been laid-off, suspended, or terminated except for an employment decision by an empowerment school principal pursuant to this section.
2. The principal of the empowerment school shall serve at the pleasure of the superintendent, with the advice and consent of the school committee, through a written contract not to exceed three (3) years.

History of Section. P.L. 2016, ch. 142, art. 11, § 7.

16-3.2-5. Budgets and funding.

1. All services, centrally or otherwise, provided by the school district in which the empowerment school is located that the empowerment school decides to utilize, including, but not limited to, financial services, transportation, food services, custodial services, maintenance, curriculum, professional development, media services, libraries, nursing, and warehousing, shall be subject to negotiation between the empowerment school and the school district in which the empowerment school is located and paid for out of the revenues of  the empowerment school.

   Nothing in this chapter shall prevent empowerment schools from electing to receive the same district services as it did prior to the empowerment school designation.

2. An empowerment school shall be eligible to receive other aids, grants, Medicaid revenue, and other revenue according to Rhode Island law, as though it were a school district. Federal aid received by the state shall be used to benefit students in the empowerment school, if the school qualifies for the aid, as though it were a school district.
3. An empowerment school may negotiate and contract directly with third parties for the purchase goods and services, consistent with applicable law.

History of Section. P.L. 2016, ch. 142, art. 11, § 7.

16-3.2-6. Review of empowerment schools.

Each empowerment school shall be reviewed by the department of elementary and secondary education on a schedule determined by the commissioner. Based on an evaluation of the empowerment school’s plan, its impact on student achievement, or its impact on the health and welfare of its students or staff, the commissioner may, in extreme circumstances and at any time during the empowerment school’s authorized period of operation, recommend to the council on elementary and secondary education that the empowerment school’s designation and registration, and/or its open-enrollment designation, be revoked. Prior to recommending to the council that a empowerment school’s designation and registration be revoked, the commissioner shall provide the school, superintendent, and school committee with specific notice of the reasons for revocation and grant the school and school committee an opportunity to be heard in accordance with the process set forth in chapter 39 of this title.

History of Section. P.L. 2016, ch. 142, art. 11, § 7.

16-3.2-7. Portions of title 16 applicable to empowerment schools.

In addition to federal law and this chapter, the following provisions of this title shall be binding on empowerment schools. Accordingly, school committees may not endorse, nor may the commissioner approve, any request for waiver of the following provisions pursuant to this chapter:

1. Section 16-2-2 (minimum length of school year);
2. Section 16-2-17 (right to a safe school);
3. Section 16-8-10 (federal funds for school lunch);
4. Section 16-12-3 (duty to cultivate principles of morality);
5. Section 16-12-10 (immunity for report of suspected substance abuse);
6. Sections 16-13-2 , 16-13-3 (teachers’ tenure)
7. Section 16-16-2 (teachers’ retirement);
8. Section 16-19-1 (compulsory attendance);
9. Section 16-20-1 (school holidays enumerated);
10. Sections 16-21-3 and 16-21-4 (fire safety);
11. Sections 16-21-10 , 16-21-14 , and 16-21-16 (health screenings);
12. Section 16-22-9 (uniform testing);
13. Section 16-24-2 (regulations of state board pertaining to children with disabilities);
14. Section 16-38-1 (discrimination because of race or age);
15. Section 16-38-1.1 (discrimination because of sex);
16. Section 16-38-2 (immunizations);
17. Section 16-38-4 (exclusive clubs);
18. Section 16-38-6 (commercial activities prohibited);
19. Section 16-38-9 (misconduct of school officers);
20. Section 16-38-10 (power of officials to visit schools);
21. Section 16-39-1 (appeal of matters of dispute to commissioner);
22. Section 16-39-2 (appeal of school committee actions to commissioner);
23. Section 16-39-3 (appeal to state board);
24. Section 16-39-3.1 (enforcement of final decision);
25. Section 16-39-3.2 (interim protective orders);
26. Section 16-39-8 (subpoena power of commissioner);
27. Section 16-40-16 (student records);
28. Section 16-71-1 (Educational Record Bill of Rights Act);
29. Section 16-21-21.1 (Penalties for drug, alcohol or weapons offenses);
30. Chapter 21.5 of title 16 (Student interrogations).

    Although waivers for § 16-11-1 (teacher certification) are permissible, consistent with the locally approved plan, teachers in an empowerment school must hold at least one teacher certification, which may be different than the certification associated with their assignment, unless such teacher is assigned to teach in a shortage area, whereby the teacher shall be provided with school-based support and work toward a certification to be awarded within five years of the date of assignment at the empowerment school.

History of Section. P.L. 2016, ch. 142, art. 11, § 7.

16-3.2-8. Appropriation.

The general assembly may annually appropriate funds to support empowerment schools. This appropriation shall be managed by the department of elementary and secondary education.

History of Section. P.L. 2016, ch. 142, art. 11, § 7.

16-3.2-9. Regulations.

The department of elementary and secondary education shall promulgate such regulations as are necessary to implement fully the purposes of this chapter.

History of Section. P.L. 2016, ch. 142, art. 11, § 7.

16-4-1. Custody and investment of fund.

The general treasurer with the advice of the governor shall have full power to regulate the custody and safekeeping of the permanent fund for the support of public schools, and, subject to the provisions of chapter 10 of title 35, shall keep the fund securely invested in bonds or notes of the United States, or in bonds of towns or cities within this state, or certificates of deposit, or commercial paper, or in other investments authorized by virtue of § 35-10-6 ; provided, that the securities in which the fund is invested may remain a part of the fund until exchanged for other securities.

History of Section. G.L. 1896, ch. 30, § 1; G.L. 1909, ch. 40, § 1; P.L. 1922, ch. 2234, § 1; G.L. 1923, ch. 41, § 1; G.L. 1938, ch. 194, § 1; G.L. 1956, § 16-4-1 ; P.L. 1979, ch. 173, § 1; P.L. 1986, ch. 287, art. 12, § 2.

Legislative Intent.

Section 1 of P.L. 1986, ch. 287, art. 12 contains legislative findings concerning the necessity for the amendments of §§ 16-4-1 and 16-4-5 , repeal of § 16-4-4 , and enactment of § 16-4-6 by that Act.

16-4-2. Duties paid by auctioneers.

The money that shall be paid into the state treasury by auctioneers, for duties accruing to the use of the state, is appropriated, and the money shall annually be added to the school fund.

History of Section. G.L. 1896, ch. 30, § 2; G.L. 1909, ch. 40, § 2; G.L. 1923, ch. 41, § 2; G.L. 1938, ch. 194, § 2; G.L. 1956, § 16-4-2 .

16-4-3. State funds forfeited by cities or towns.

Whenever any money appropriated to any city or town from the state treasury, for the support of its public schools shall have been forfeited by the city or town, the money shall be added to the school fund, and shall forever remain a part of the school fund.

History of Section. G.L. 1896, ch. 30, § 3; G.L. 1909, ch. 40, § 3; G.L. 1923, ch. 41, § 3; G.L. 1938, ch. 194, § 3; G.L. 1956, § 16-4-3 .

16-4-4. Repealed.

History of Section. G.L. 1896, ch. 30, § 4; G.L. 1909, ch. 40, § 4; P.L. 1922, ch. 2234, § 2; G.L. 1923, ch. 41, § 4; G.L. 1938, ch. 194, § 4; G.L. 1956, § 16-4-4 ; Repealed by P.L. 1986, ch. 287, art. 12, § 3, effective June 24, 1986.

16-4-5. Use of fund and income — Unexpended funds.

The income from the fund is appropriated to be used for the promotion and support of public education. The board of regents for elementary and secondary education may adopt rules and regulations for the expenditure of these funds. In expending the income the board shall first consider public school improvement projects and programs whose effects could benefit the public schools of any one or more city, town, or school district in the state. The commissioner of elementary and secondary education shall regularly make recommendations to the board about specific programs and projects to be supported by these funds and the general assembly may make appropriations from the fund principal for educational purposes. Whenever any funds are appropriated for educational purposes, the funds shall be used for educational purposes only and all these 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. The commissioner shall oversee the fund, assess the effectiveness of its programs and projects, and make recommendations about the general use and operation of the funds to the board. For the purposes of this section the general treasurer shall continue to hold, subject to expenditure by the board of regents for elementary and secondary education, any part of the income of the fund unexpended.

History of Section. G.L. 1896, ch. 30, § 5; G.L. 1909, ch. 40, § 5; P.L. 1922, ch. 2234, § 3; G.L. 1923, ch. 41, § 5; P.L. 1925, ch. 611, § 1; P.L. 1929, ch. 1342, § 1; P.L. 1932, ch. 1920, § 1; G.L. 1938, ch. 194, § 5; impl. am. P.L. 1951, ch. 2752, § 21; G.L. 1956, § 16-4-5 ; P.L. 1986, ch. 287, art. 12, § 2; P.L. 1993, ch. 138, art. 77, § 8.

16-4-6. Additions to the fund.

1. The general assembly shall review the adequacy of the permanent school fund on a regular basis and may make any appropriations to carry out the purposes of this chapter as it deems necessary. In addition, the board of regents for elementary and secondary education is authorized to accept grants and bequests from public and private sources in order to carry out the purposes of this chapter.
2. It is the intent of the general assembly that the funds necessary to carry out the provisions of this section shall be provided within the annual appropriations act.

History of Section. P.L. 1986, ch. 287, art. 12, § 4; P.L. 1988, ch. 84, § 73.

16-5-1 — 16-5-17. Repealed.

History of Section. G.L. 1896, ch. 53, §§ 1-5; P.L. 1898, ch. 544, §§ 3, 46; P.L. 1903, ch. 1101, §§ 5, 6; P.L. 1904, ch. 1147, § 3; G.L. 1909, ch. 65, §§ 1-5; ch. 66, §§ 9, 10; ch. 74, §§ 2, 3, 5; P.L. 1909, ch. 446, § 1; P.L. 1910, ch. 545, § 1; P.L. 1912, ch. 845, §§ 1-4; P.L. 1914, ch. 1098, § 1; P.L. 1915, ch. 1234, § 1; P.L. 1918, ch. 1654, §§ 1, 2; P.L. 1919, ch. 1725, § 2; P.L. 1921, ch. 2055, § 1; P.L. 1922, ch. 2234, §§ 8, 9, 17; G.L. 1923, ch. 67, §§ 1-5; ch. 68, §§ 1-5; ch. 70, §§ 8, 9; ch. 81, §§ 2, 3, 8; P.L. 1925, ch. 594, § 1; P.L. 1925, ch. 597, § 1; P.L. 1925, ch. 598, § 1; P.L. 1926, ch. 775, § 1; P.L. 1935, ch. 2250, § 149; P.L. 1936, ch. 2375, §§ 1, 2; G.L. 1938, ch. 178, §§ 8, 9; ch. 192, §§ 1-5; ch. 93, §§ 1-4; ch. 197, §§ 2, 3, 5, 8; P.L. 1939, ch. 659, § 2; P.L. 1940, ch. 825, § 1; G.L. 1956, §§ 16-5-1 — 16-5-1 7; Repealed by P.L. 1960, ch. 27, § 12.

16-5-18. Funds for training of practical nurses.

Funds shall be provided to the state board of regents for elementary and secondary education for vocational education for:

1. Establishment of a program for the training of practical nurses in the Woonsocket area.
2. After the establishment of a program for the training of practical nurses in the Woonsocket area, the existing facilities of the Providence program for the metropolitan area shall be expanded.
3. After the establishment of a program for the training of practical nurses in the Woonsocket area, and after the existing facilities of the Providence program for the metropolitan area have been expanded, the present program shall be extended to those other areas of the state where the need is evident.
4. The acceleration of the recruitment program for applicants for the practical nurse training program.

History of Section. P.L. 1956, ch. 3764, § 1; G.L. 1956, § 16-5-18 .

16-5-19 — 16-5-21. Repealed.

History of Section. G.L. 1896, ch. 53, §§ 7-9; P.L. 1898, ch. 540, § 1; G.L. 1909, ch. 65, §§ 7-9; P.L. 1916, ch. 1348, § 1; G.L. 1923, ch. 67, §§ 6-8; P.L. 1925, ch. 595, § 1; P.L. 1935, ch. 2250, § 149; G.L. 1938, ch. 192, §§ 6-8; G.L. 1956, §§ 16-5-19 — 16-5-21; Repealed by P.L. 1960, ch. 27, § 12.

16-5-22. Appropriations to aid evening schools.

The general assembly shall annually appropriate any sum as it may deem necessary for the support and maintenance of public evening schools in the several cities or towns of the state, to be apportioned by the board of regents for elementary and secondary education for the support of the schools as may be approved by the board; and the state controller is authorized and directed to draw his or her orders for the payment of the sum, or so much of the sum as shall be required, on vouchers approved by the department of elementary and secondary education.

History of Section. G.L. 1896, ch. 53, § 10; G.L. 1909, ch. 65, § 10; G.L. 1923, ch. 67, § 9; P.L. 1925, ch. 596, § 1; P.L. 1935, ch. 2250, § 149; G.L. 1938, ch. 192, § 9; impl. am. P.L. 1939, ch. 660, § 65; impl. am. P.L. 1951, ch. 2752, § 21; G.L. 1956, § 16-5-22 .

16-5-23 — 16-5-29. Repealed.

History of Section. G.L. 1923, ch. 81, §§ 9-11; P.L. 1936, ch. 2375, § 4; G.L. 1938, ch. 81, § 11; G.L. 1938, ch. 197, §§ 9-11; P.L. 1939, ch. 691, § 1; P.L. 1943, ch. 1275, § 1; P.L. 1944, ch. 1501, §§ 1, 2; G.L. 1956, §§ 16-5-23 — 16-5-27; Repealed by P.L. 1960, ch. 27, § 12.

16-5-30. Withholding of aid for infraction of laws or regulations — Report to general assembly.

The commissioner of elementary and secondary education may, for violation or neglect of law or for violation or neglect of rules and regulations in pursuance of law by any city or town or city or town officer or school committee, or for nonpayment of tuition owed by one community to another including but not limited to those children in state custody, vocational education, or special education, order the general treasurer to withhold the payment of any portion of the public money that has been or may be apportioned to the city or town; and the general treasurer upon the receipt in writing of the order shall hold the public money due the city or town until the time as the commissioner by writing requests the withheld funds for the purposes of eliminating the violation or neglect of law or regulation that caused the order to be issued, or the commissioner of elementary and secondary education shall notify the treasurer that the city or town has complied with the order as the department of elementary and secondary education shall make in the premises, in which case payment shall be made to the town immediately. If the violation is for nonpayment of tuition and it has been determined by the commissioner that the tuition is owed, then the commissioner shall, subject to the debtor community’s right to appeal to the superior court, order the general treasurer to deduct the amount owed from the debtor community’s school aid and to pay the community which is owed the tuition. The board of regents for elementary and secondary education shall report to the general assembly annually all infractions of school law which shall be brought to its attention, with a record of this action as the department shall have taken in each instance.

History of Section. G.L., ch. 63, § 5; P.L. 1922, ch. 2234, § 4; G.L. 1923, ch. 65, § 5; G.L. 1938, ch. 176, § 2; impl. am. P.L. 1951, ch. 2752, §§ 8, 10, 21; G.L. 1956, § 16-5-30 ; P.L. 1988, ch. 336, § 8; P.L. 1996, ch. 100, art. 22, § 6.

16-5-30.1. Penalty for violation.

Any community that does not comply with the provisions of §§ 16-21-7 , 16-21-9 , 16-21-12 , 16-21-14 , and 16-38-2 shall be subject to the penalty provided in § 16-5-30 .

History of Section. P.L. 1961, ch. 133, § 7.

16-5-31. Educational improvement block grant.

1. There is created an educational improvement block grant.
2. The dollar equivalents resulting from the difference in the statewide local tax rate as defined in § 16-7-19(a) and (b), and as divided in § 16-7-19(c) , may be expended for any of the purposes set forth below:
   1. Providing preschool programs, of at least one-half (1/2) day’s duration, for four (4) year old children who are at risk of school failure;
   2. Providing parent education programs including the provision of resource materials on home learning activities, private and group educational guidance, individual and group learning experiences for the parent and child, and other activities that enable the parent to improve learning in the home;
   3. Reducing class size with the ultimate goal of an average pupil/teacher ratio of 15-1 in grades pre-kindergarten through three (3); and
   4. Providing full day kindergarten programs with first priority given to children who are at risk of school failure.
3. Education improvement block grant funds shall be allocated to every community in the proportion to which each community’s share bears to the total state share as computed under § 16-7-19(a) and as further adjusted by minimum share and regional school district provisions as provided for in § 16-7-20 . In order to be eligible to obtain funds provided in this section a school district must submit, for the commissioner’s approval, an application which clearly and specifically describes how the funds will be used for the purposes intended.
4. The commissioner of elementary and secondary education shall establish and promulgate regulations for the purpose of carrying out the intent of this section. Funds granted under this section shall not be used by districts to supplant local funds. School districts may carry over to the next fiscal year a maximum of fifteen percent (15%) of their allocation.

History of Section. P.L. 1960, ch. 27, § 9; P.L. 1985, ch. 182, §§ 3, 4; P.L. 1986, ch. 198, § 8; P.L. 1988, ch. 336, § 8; P.L. 2001, ch. 86, § 30.

16-5-32. Elementary and secondary education excellence fund.

1. There is created a fund of three million dollars ($3,000,000) for the purposes set forth below:
   1. Two hundred fifty thousand dollars ($250,000) shall be used to make competitive grant awards to local school districts for exemplary dropout prevention programs;
   2. One hundred thousand dollars ($100,000) shall be used to establish training programs for parents, with special emphasis on parents of preschool children, and to make competitive grant awards to local school districts for exemplary parent involvement programs;
   3. One hundred thousand dollars ($100,000) shall be used for school committee and administrator training;
   4. Two hundred fifty thousand dollars ($250,000) shall be used to make competitive grant awards to local school districts which develop exemplary school site management programs;
   5. One million dollars ($1,000,000) shall be prorated among local school districts on the basis of their 1987-88 entitlement under § 16-7-20 to fund grants to further the literacy focus in instruction in kindergarten through grade three (3) for all students and supplementary literacy instruction for educationally disadvantaged students in grades kindergarten through twelve (12);
   6. Two hundred fifty thousand dollars ($250,000) shall be used to establish a statewide screening program for all children just entering school;
   7. Three hundred thousand dollars ($300,000) for use by the commissioner of elementary and secondary education to implement recommendations of the task force to study the governor’s 1991 report on education;
   8. Five hundred thousand dollars ($500,000) shall be used for vocational education in accordance with § 16-45-7 ; and
   9. Two hundred fifty thousand dollars ($250,000) will be used to establish and expand programs in area vocational schools.
2. All grant money received by a local school district from this fund will be ineligible for reimbursement under the school operations aid program. Funds, with the exception of subsection (a)(8), may not be used to supplant funding for existing programs and activities.
3. The commissioner of elementary and secondary education shall promulgate any rules and regulations as he or she shall deem necessary for the operation of the education excellence fund. The decision of the commissioner of elementary and secondary education shall be final on all questions regarding grants.

History of Section. P.L. 1987, ch. 581, § 1; P.L. 1988, ch. 84, § 1.

16-5-33. Education partnership fund.

There is created and established a program to be known as the “education partnership program.” The commissioner of elementary and secondary education is authorized to accept grants and bequests from public and private sources with the approval of the director of administration which shall be deposited as general revenues. In order to carry out the purposes of grants and bequests the commissioner shall oversee the appropriated funds, adopt rules and regulations for the expenditure of these funds, and assess the effectiveness of its programs and projects. The state controller is directed to draw his or her orders upon the general treasurer for the payment of the sum, or so much of the sum as may be required upon receipt by the controller of vouchers duly authenticated by the commissioner.

History of Section. P.L. 1988, ch. 336, § 9; P.L. 1995, ch. 70, art. 40, § 43.

16-5-34. Repealed.

History of Section. P.L. 2006, ch. 264, § 1; P.L. 2006, ch. 298, § 1; Repealed by P.L. 2010, ch. 23, art. 13, § 4.

16-6-1 — 16-6-6. Repealed.

History of Section. P.L. 1947, ch. 1887, art. 9, part 1, § 2; P.L. 1948, ch. 2131, § 1; G.L. 1956, §§ 16-6-3 — 16-6-6; Repealed by P.L. 1960, ch. 27, § 12.

16-7-1 — 16-7-14. Repealed.

History of Section. P.L. 1955, ch. 3419, §§ 1-5, 7, 8; G.L. 1956, §§ 16-7-1 — 16-7-1 4; R.P.L. 1957, ch. 68, §§ 1, 2; Repealed by P.L. 1960, ch. 27, § 12.

16-7-15. Statement of purpose.

The purpose of §§ 16-7-15 to 16-7-34 is to provide a quality education for all Rhode Island youth by requiring a minimum per pupil expenditure level, by encouraging school committees to provide superior education beyond this minimum, by identifying fiscal responsibilities of school committees, by further improving the efficiency of our school systems through encouraging small school districts to combine into larger, more efficient regionalized units, and by incorporating the many various state aids into one comprehensive program.

History of Section. P.L. 1960, ch. 27, § 1.

16-7-16. Definitions.

The following words and phrases used in §§ 16-7-15 to 16-7-34 have the following meanings:

1. “Adjusted equalized weighted assessed valuation” means the equalized weighted assessed valuation of a community as determined by the department of revenue or as apportioned by the commissioner pursuant to the provisions of § 16-7-21 .
2. 1. “Average daily membership” means the average number of pupils in a community during a school year as determined pursuant to the provisions of § 16-7-22 , less any students who are served in a program operated by the state and funded through the permanent foundation education aid formula pursuant to chapter 7.2 of this title.
   2. For FY 2022, “average daily membership” means the greater of the average number of pupils in a community during a school year as determined pursuant to the provisions of § 16-7-22 in March 2020 or March 2021, less any students who are served in a program operated by the state and funded through the permanent foundation education aid formula pursuant to chapter 7.2 of this title. State aid to charter public schools, Davies, and the Met Center shall be determined based on the districts of residence in whichever year had the greater total average daily membership.
      1. For the purposes of determining the number of students in poverty, the department shall divide the average daily membership of students reported as living in poverty in each district of residence by the total average daily membership of students enrolled in the district of residence in both March 2020 and March 2021. The greater percentage shall be applied to the average daily membership used in the calculation of foundation education aid. For charter public schools, Davies, and the Met Center, the average daily membership of students reported as living in poverty shall be consistent with March 2020 or March 2021, whichever year had the greater total average daily membership.
      2. If the average daily membership in March 2020 is greater for any given community than in March 2021, the number of pupils shall be reduced by the number of students attending new or expanding charter schools in FY 2022.
3. “Basic education program” means the cost of education of resident pupils in grades twelve (12) and below in average daily membership for the reference year as determined by the mandated minimum program level.
4. “Certified personnel” means all persons who are required to hold certificates issued by or under the authority of the council on elementary and secondary education.
5. “Community” means any city, town, or regional school district established pursuant to law and/or the department of children, youth and families; provided, however, that the department of children, youth and families shall not have those administrative responsibilities and obligations as set forth in chapter 2 of this title; provided, however, that the member towns of the Chariho regional high school district, created by P.L. 1958, ch. 55 as amended, shall constitute separate and individual communities for the purpose of determining and distributing the foundation level school support including state aid for noncapital excess expenses for the special education of children with disabilities provided for in § 16-24-6 for all grades financed in whole or in part by the towns irrespective of any regionalization and any school operated by the state department of elementary and secondary education.
6. “Department of children, youth and families” means that department created pursuant to chapter 72 of title 42. For purposes of this section, §§ 16-7-20 , 16-24-2 , and 42-72-5(b)(22) , “children” means those children who are placed, assigned, or otherwise accommodated for residence by the department of children, youth and families in a state operated or supported community residence licensed by a state agency and the residence operates an educational program approved by the department of elementary and secondary education.
7. “Equalized weighted assessed valuation” means the equalized weighted assessed valuation for a community as determined by the division of property valuation pursuant to the provisions of § 16-7-21 .
8. “Full time equivalency students” means the time spent in a particular activity divided by the amount of time in a normal school day.
9. “Incentive entitlement” means the sum payable to a local school district under the formula used.
10. “Mandated minimum program level” means the amount that shall be spent by a community for every pupil in average daily membership as determined pursuant to the provisions of § 16-7-18 .
11. “Reference year” means the next year prior to the school year immediately preceding that in which the aid is to be paid. For the purposes of calculating the permanent foundation education formula aid as described in § 16-7.2-3 , the reference date shall be one year prior to the year in which aid is paid.
12. “Regularly employed” and “service” as applied to certified personnel have the same meaning as defined in chapter 16 of this title.

History of Section. P.L. 1960, ch. 27, § 2; P.L. 1961, ch. 93, § 2; P.L. 1967, ch. 160, § 2; P.L. 1968, ch. 170, § 2; 1975, ch. 260, art. 4, § 1; P.L. 1980, ch. 264, § 1; P.L. 1981, ch. 367, § 1; P.L. 1983, ch. 134, § 1; P.L. 1986, ch. 526, § 2; P.L. 1988, ch. 84, § 74; P.L. 1988, ch. 336, § 10; P.L. 1989, ch. 126, art. 39, § 1; P.L. 1989, ch. 490, § 1; P.L. 1990, ch. 487, § 1; P.L. 1998, ch. 68, § 1; P.L. 1999, ch. 83, § 24; P.L. 1999, ch. 130, § 24; P.L. 2006, ch. 246, art. 38, § 3; P.L. 2010, ch. 124, § 1; P.L. 2010, ch. 125, § 1; P.L. 2021, ch. 162, art. 10, § 1, effective July 6, 2021.

16-7-17. Time of payment of state’s share of the basic program and approved expenditures.

There shall be paid by the state to each community in twelve (12) monthly installments an amount as determined by law to be the state’s share of the cost of the basic program for the reference year and all approved expenditures in excess of the basic program for the reference year, provided, however, that these payments to a community shall be reduced by the amount of funds deposited by the department into the local education agency EPSDT account in accordance with § 40-8-18 on behalf of the community. The July payment shall be two and fifty-four hundredths percent (2.54%) of the state’s share based upon the estimated pupil data, valuation data, and expenditure data for the reference year and the August through June payments shall each be eight and eighty-six hundredths percent (8.86%) of the aid due and payable based upon the data for the reference year, except for the city of East Providence which shall be paid during October and April in accordance with chapter 344 of the Public Laws of 1982.

History of Section. P.L. 1960, ch. 27, § 3; P.L. 1982, ch. 344, art. 7, § 1; P.L. 1991, ch. 6, art. 20, § 1; P.L. 1991, ch. 44, art. 46, § 1; P.L. 1992, ch. 289, § 2; P.L. 1992, ch. 399, § 2; P.L. 1992, ch. 133, art. 79, § 1; P.L. 2001, ch. 86, § 31; P.L. 2012, ch. 241, art. 12, § 5.

16-7-18. Determination of mandated minimum program level.

The mandated minimum program level shall be determined annually by the board of regents for elementary and secondary education upon recommendation of the commissioner.

History of Section. P.L. 1960, ch. 27, § 4.

16-7-19. Computation of standard local tax rate.

1. The standard local tax rate required to support the basic program shall be forty percent (40%).
2. The statewide local tax rate to be used in calculating each community’s share under § 16-7-20 shall be fifty percent (50%).
3. Fifty percent (50%) of the difference resulting from the difference between the rate presented in subsection (a) and the rate presented in subsection (b) shall be used in accordance with § 16-5-31 and fifty percent (50%) of the difference shall be allocated annually by the general assembly, upon recommendation of the commissioner and the board of regents for elementary and secondary education, for one or more of the programs listed in § 16-69-2 .
4. The state controller is authorized and directed to draw his or her order upon the general treasurer for the payment of those sums or any portions of those sums as may be required from time to time upon receipt by the controller of properly authenticated vouchers.
5. If the sums appropriated are not sufficient to implement subsections (a), (b), and (c) of this section, then the amount appropriated shall first be utilized to implement subsection (b) of this section. If the sums are not sufficient, then the amount shall be ratably reduced. Amounts remaining after full funding of subsection (b) of this section shall be apportioned among school districts for the purpose of subsection (c) of this section.

History of Section. P.L. 1960, ch. 27, § 5; P.L. 1964, ch. 242, art. 7, § 1; P.L. 1967, ch. 160, § 3; P.L. 1980, ch. 152, § 5; P.L. 1984, ch. 245, art. XII, § 1; P.L. 1985, ch. 182, §§ 5, 6; P.L. 1988, ch. 84, § 84; P.L. 1988, ch. 336, § 10; P.L. 1989, ch. 126, art. 35, § 1; P.L. 1990, ch. 65, art. 31, § 1; P.L. 1991, ch. 6, art. 21, § 1; P.L. 1991, ch. 44, art. 39, § 1; P.L. 1992, ch. 133, art. 43, § 1; P.L. 1994, ch. 70, art. 15, § 1; P.L. 2001, ch. 86, § 31.

16-7-19.1. Optional incentive plan.

1. Any school committee in a municipality, or regional school district with an elected school committee, may by resolution to the retirement board, and the chief executive officer in any municipality with an appointed school committee may by order to the retirement board, as a result of a bargaining agreement with its teacher employees, accept an incentive plan to provide supplemental payments for teachers who are eligible for a service retirement allowance at the time they retire, or who become eligible for a service retirement allowance subsequent to their retirement, as follows: As an incentive to retire, the school committee shall grant no later than thirty (30) days following retirement a lump sum payment not to exceed one hundred fifty dollars ($150) for each year of service in that community, up to a maximum of thirty (30) years of service.
2. Each teacher must notify the school committee by July 1 of the year in which they intend to retire. The incentive payment shall be paid to the teacher no later than thirty (30) days following retirement or at the time they become eligible for a service retirement allowance and no retirement contribution shall be made from this payment.
3. Incentive payments under the plan shall not be included in the final salary of a teacher for the computation of the basic pension due from the retirement plan and the supplemental amount shall be computed as a separate item based on the existing pension formula, including three (3) year average, and the supplemental payment shall then be added to the teacher’s basic pension amount.
4. Supplemental payments under this section shall be applied, in the case of an option, after the option annuity amount is determined, and shall be continued for the lifetime of the teacher only and not to a beneficiary.
5. Supplemental payments under this section shall not be included in the original pension allowance subject to any cost of living increase provided by § 16-16-40 .
6. The total of all supplemental payments to retired teachers under this section shall be reimbursed to the retirement board by the school districts on a monthly basis. Whenever any amounts due are not paid within thirty (30) days from the date due, the board shall levy regular interest on the payments from date due to date of payment.
7. Any school committee in a municipality or regional school district with an elected school committee may terminate the optional incentive plan by resolution to the retirement board and the chief executive officer of a municipality with an appointed school committee may terminate the optional incentive plan by order to the retirement board, provided that:
   1. No teacher who retires after the termination of the plan shall be eligible for any incentive or supplemental payments.
   2. Any retired teacher who is receiving supplemental payments prior to the termination of the plan shall continue to receive payments for the remaining lifetime of the teacher, and the school district shall continue to be liable for the reimbursement of the payments to the retirement board as provided in subsection (f) of this section.

History of Section. P.L. 1981, ch. 162, § 4; P.L. 1983, ch. 289, § 1; P.L. 1986, ch. 432, § 1; P.L. 1987, ch. 368, § 1; P.L. 1988, ch. 84, § 74; P.L. 1988, ch. 129, art. 11, § 1; P.L. 1991, ch. 44, art. 39, § 1; P.L. 2011, ch. 265, § 3.

16-7-20. Determination of state’s share.

1. For each community the state’s share shall be computed as follows: Let

   Click to view

   Then the state share entitlement for the community shall be RE where

   R = 1 - 0.5vM/(Vm) through June 30, 2011, and R = 1 - 0.475 vM/(Vm) beginning on July 1, 2011 and thereafter.

   Except that in no case shall R be less than zero percent (0%).

2. Whenever any funds are appropriated for educational purposes, the funds shall be used for educational purposes only and all state funds appropriated for educational purposes 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. The courts of this state shall enforce this section by writ of mandamus.
3. Notwithstanding the calculations in subsection (a), the hospital school at the Hasbro Children’s Hospital shall be reimbursed one hundred percent (100%) of all expenditures approved by the council on elementary and secondary education in accordance with currently existing rules and regulations for administering state aid, and subject to annual appropriations by the general assembly including, but not limited to, expenditures for educational personnel, supplies, and materials in the prior fiscal year.
4. In the event the computation of the state’s share for any local education agency as outlined in subsection (a) is determined to have been calculated incorrectly after the state budget for that fiscal year has been enacted, the commissioner of elementary and secondary education shall notify affected local education agencies, the senate president, and the speaker of the house within fifteen (15) days of the determination.
5. Realignment of aid payments to the affected local education agencies pursuant to subsection (d) shall occur in the following fiscal year:
   1. If the determination shows aid is underpaid to the local education agency, any amounts owed shall be paid in equal monthly installments.
   2. If the determination shows aid was overpaid, the department of elementary and secondary education shall recapture some amount of the aid from the overpaid local education agency. The amount to be withheld shall be equal to the amount of the overpayment prorated to the number of full months remaining in the fiscal year when the notification required in subsection (d) was made.

R = state share ratio for the community. v = adjusted equalized weighted assessed valuation for the community, as defined in . § 16-7-21(3) V = sum of the values of v for all communities. m = average daily membership of pupils in the community as defined in . § 16-7-22(3) M = total average daily membership of pupils in the state. E = approved reimbursable expenditures for the community for the reference year minus the excess costs of special education, tuitions, federal and state receipts, and other income.

History of Section. P.L. 1960, ch. 27, § 6; P.L. 1964, ch. 242, art. 7, § 1; P.L. 1967, ch. 160, § 3; P.L. 1973, ch. 214, § 1; P.L. 1976, ch. 130, § 1; P.L. 1976, ch. 198, art. 6, § 1; P.L. 1979, ch. 234, §§ 1, 2; P.L. 1980, ch. 152, § 5; P.L. 1980, ch. 264, § 1; P.L. 1981, ch. 23, § 1; P.L. 1981, ch. 367, § 1; P.L. 1982, ch. 305, § 1; P.L. 1982, ch. 344, art. 7, § 2; P.L. 1983, ch. 134, § 1; P.L. 1983, ch. 167, art. 7, § 1; P.L. 1984, ch. 245, art. XII, § 2; P.L. 1986, ch. 198, § 9; P.L. 1987, ch. 270, § 1; P.L. 1988, ch. 84, § 74; P.L. 1988, ch. 336, § 10; P.L. 1989, ch. 126, art. 39, § 1; P.L. 1989, ch. 126, art. 53, § 1; P.L. 1990, ch. 487, § 1; P.L. 1991, ch. 44, art. 39, § 1; P.L. 1992, ch. 133, art. 43, § 1; P.L. 1994, ch. 70, art. 15, § 1; P.L. 1994, ch. 70, art. 28, § 1; P.L. 1994, ch. 331, § 1; P.L. 1995, ch. 370, art. 18, § 2; P.L. 1995, ch. 376, § 1; P.L. 1998, ch. 68, § 1; P.L. 2001, ch. 86, § 31; P.L. 2010, ch. 124, § 1; P.L. 2010, ch. 125, § 1; P.L. 2019, ch. 88, art. 9, § 1.

16-7-20.1. Annual report of number of children with disabilities receiving support.

The director of the department of behavioral healthcare, developmental disabilities and hospitals shall annually report on the first day of September to the commissioner of elementary and secondary education the number of children with disabilities affected by § 16-7-20 and the educational program costs for the children.

History of Section. P.L. 1979, ch. 234, § 3; P.L. 1988, ch. 84, § 74; P.L. 1999, ch. 83, § 24; P.L. 1999, ch. 130, § 24; P.L. 2013, ch. 501, § 21.

16-7-20.2. Repealed.

History of Section. P.L. 1992, ch. 133, art. 43, § 6; P.L. 1993, ch. 138, art. 77, § 6; Repealed by P.L. 1994, ch. 70, art. 15, § 2, effective July 1, 1994.

16-7-20.3. Repealed.

History of Section. P.L. 1993, ch. 138, art. 77, § 3; Repealed by P.L. 1994, ch. 70, art. 15, § 2, effective July 1, 1994.

16-7-20.4. Repealed.

History of Section. P.L. 1993, ch. 138, art. 77, § 3; P.L. 1994, ch. 70, art. 15, § 1; Repealed by P.L. 2001, ch. 86, § 32, effective July 6, 2001.

16-7-20.5. Computation of regionalization bonus.

For each regional school district, a state share shall be computed and multiplied by the reference year cost, as defined under § 16-7-16(11) , of the basic program, as defined under § 16-7-16(3) . The state share shall equal two percent (2%) for each grade so consolidated for the first two (2) years of operation, diminishing thereafter by one-fourth of one percent (1/4%) per grade per year, but in no event shall the increased percentage be less than eight percent (8%); provided further, that the individual communities in the Chariho regional districts shall each receive the applicable increased percentage of those grades serviced by the regional school district. Reimbursement payments as calculated under this section shall be made in accordance with the monthly distribution defined under § 16-7-20(c) .

History of Section. P.L. 1995, ch. 370, art. 18, § 1; P.L. 2001, ch. 86, § 31.

16-7-20.6, 16-7-20.7. Repealed.

History of Section. P.L. 1995, ch. 370, art. 18, § 1; P.L. 1996, ch. 100, art. 22, § 2; Repealed by P.L. 2001, ch. 86, § 32, effective July 6, 2001.

16-7-21. Determination and adjustment of equalized weighted assessed valuation.

On or before August 1 of each year the division of property valuation within the department of revenue shall determine and certify to the commissioner of elementary and secondary education the equalized weighted assessed valuation for each city and town in the following manner:

1. The total assessed valuations of real and tangible personal property for each city and town as of December 31 of the third preceding calendar year shall be weighted by bringing the valuation to the true and market value of real and tangible personal property. The total assessed valuations of real and tangible personal property for all cities and towns shall be applied to the true and market valuations of the property for all cities and towns and the resulting percentage shall determine the average throughout the state. This percentage applied to the sum of the total true and market value of real and tangible personal property of each city and town shall be the equalized weighted assessed valuation of each city and town.
2. The equalized weighted assessed valuation for each city and town shall be allocated to the particular city or town, and in the case of a regional school district that does not service all grades, except the Chariho regional high school district, the commissioner of elementary and secondary education shall apportion that proportion of the equalized weighted assessed valuation of the member cities or towns that the average daily membership serviced by the regional school district bears to the total average daily membership, and the equalized weighted assessed valuation of the member cities and towns shall be appropriately reduced.
3. The equalized weighted assessed valuation for each community as allocated or apportioned in accordance with subsection (2) shall be adjusted by the ratio that the median family income of a city or town bears to the statewide median family income as reported in the latest available federal census data. The total state adjusted equalized weighted assessed valuation shall be the same as the total state equalized weighted assessed valuation.
4. In the event that certified data is later determined to be incorrect, the division of property valuation, in conjunction with the commissioner of elementary and secondary education, shall inform local education agencies, the senate president, and the speaker of the house of the issue(s) within five (5) days of the determination.

History of Section. P.L. 1960, ch. 27, § 7; P.L. 1961, ch. 93, § 2; P.L. 1967, ch. 160, § 3; P.L. 1975, ch. 260, art. 4, § 2; P.L. 1980, ch. 264, § 1; P.L. 1983, ch. 134, § 1; P.L. 1988, ch. 84, § 74; P.L. 2006, ch. 246, art. 38, § 3; P.L. 2019, ch. 88, art. 9, § 1.

16-7-22. Determination of average daily membership.

Each community shall be paid pursuant to the provisions of § 16-7-17 an amount based upon the following provisions:

1. On or before September 1 of each year the average daily membership of each city and town for the reference year shall be determined by the commissioner of elementary and secondary education from data supplied by the school committee in each community in the following manner: The aggregate number of days of membership of all pupils enrolled full time in grade twelve (12) and below, except that pupils below grade one who are not full time shall be counted on a full-time equivalent basis: (i) Increased by the aggregate number of days of membership of pupils residing in the particular city or town whose tuition in schools approved by the department of elementary and secondary education in other cities and towns is paid by the particular city or town; and (ii) Decreased by the aggregate number of days of membership of nonresident pupils enrolled in the public schools of the particular city or town and further decreased by the aggregate number of days of membership equal to the number of group home beds calculated for the purposes of reimbursement pursuant to § 16-64-1.1 ; and (iii) Decreased further, in the case of a city or town that is a member of a regional school district during the first year of operation of the regional school district by the aggregate number of days of membership of pupils residing in the city or town who would have attended the public schools in the regional school district if the regional school district had been operating during the previous year, divided by the number of days during which the schools were officially in session during the reference year. The resulting figures shall be the average, daily membership for the city or town for the reference year. For purposes of calculating the permanent foundation education aid as described in § 16-7.2-3(1) and (2), the average, daily membership for school districts shall exclude charter school and state school students, and beginning in school year 2014-2015, include an estimate to ensure that districts converting from a half-day to a full-day kindergarten program pursuant to § 16-99-4 are credited on a full-time basis beginning in the first year of enrollment and are funded notwithstanding the transition plan pursuant to § 16-7.2-7 .
2. The average daily membership of pupils attending public schools shall apply for the purposes of determining the percentage of the state’s share under the provisions of §§ 16-7-16(3) , 16-7-16(10) , 16-7-18 , 16-7-19 , 16-7-20 , 16-7-21 and 16-7.2-4 .
3. In the case of regional school districts, the aggregate number of days of membership by which each city or town is decreased in subdivision (1)(iii) of this section, divided by the number of days during which the schools attended by the pupils were officially in session, shall determine the average daily membership for the regional school district during the first year of operation. After the first year of operation, the average, daily membership of each regional school district, except the Chariho regional high school district, shall be determined by the commissioner of elementary and secondary education from data supplied by the school committee of each regional school district for the reference year in the manner provided in subdivision (1) of this section.

History of Section. P.L. 1960, ch. 27, § 8; P.L. 1967, ch. 160, § 3; P.L. 1972, ch. 197, § 1; P.L. 1980, ch. 264, § 1; P.L. 1983, ch. 134, § 1; P.L. 1988, ch. 84, § 74; P.L. 1989, ch. 490, § 1; P.L. 1992, ch. 133, art. 43, § 1; P.L. 2001, ch. 77, art. 22, § 5; P.L. 2010, ch. 124, § 1; P.L. 2010, ch. 125, § 1; P.L. 2013, ch. 358, § 2; P.L. 2014, ch. 431, § 1; P.L. 2014, ch. 456, § 1.

16-7-23. Community requirements — Adequate minimum budget provision.

1. 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. Each community shall contribute local funds to its school committee in an amount not less than its local contribution for schools in the previous fiscal year except to the extent permitted by §§ 16-7-23.1 and 16-7-23.2 . Provided, that for the fiscal years 2010 and 2011 each community shall contribute to its school committee in an amount not less than ninety-five percent (95.0%) of its local contribution for schools for the fiscal year 2009. Calculation of the annual local contribution shall not include Medicaid revenues received by the municipality or district pursuant to chapter 8 of title 40. A community that 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 that experiences a nonrecurring expenditure for its schools may deduct the nonrecurring expenditure in computing its maintenance of effort. The deduction of nonrecurring expenditures shall be with the approval of the commissioner. Provided, however, that notwithstanding any provision of this title to the contrary, debt service that is no longer carried on the books of any school district shall not be included in any school district’s annual budget, nor shall nonrecurring debt service be included in maintenance of effort as set forth in this chapter, nor shall any nonrecurring debt service be included in the operating budget of any school district. For the purposes set forth above, nonrecurring capital lease payments shall be considered nonrecurring debt service. The courts of this state shall enforce this section by means of injunctive relief.
2. Districts’ annual maintenance expenditures must meet the requirements of subsection (b)(1), (b)(2), or (b)(3) of this section.
   1. A minimum of three percent (3%) of the operating budget shall be dedicated exclusively for maintenance expenditures as defined in § 16-7-36(7) provided that for FY 2019, that amount shall be one percent (1%), for FY 2020, that amount shall be one and one-half percent (1.5%), for FY 2021 that amount shall be two percent (2%), and for FY 2022 that amount shall be two and one-half percent (2.5%).
   2. A minimum of three percent (3%) of the replacement value shall be dedicated exclusively for maintenance expenditures as defined in § 16-7-36(7) provided that for FY 2019, that amount shall be one percent (1%), for FY 2020 that amount shall be one and one-half percent (1.5%), for FY 2021 that amount shall be two percent (2%), and for FY 2022 that amount shall be two and one-half percent (2.5%).
   3. A minimum of three dollars ($3.00), subject to inflation, per square foot of building space shall be dedicated exclusively for maintenance expenditures as defined in § 16-7-36(7).
3. The department of elementary and secondary education shall be responsible for establishing a reporting mechanism to ensure the intent of this section is being met. In the event that a district does not meet its minimum expenditure requirement in a given year, the state shall direct state housing aid paid pursuant to § 16-7-41 or § 16-105-5 , in an amount equal to the shortfall, to a restricted fund created by the district and dedicated solely to meeting maintenance requirements.
4. Whenever any state funds are appropriated for educational purposes, the funds shall be used for educational purposes only and all state funds appropriated for educational purposes 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 surplus of state or local funds appropriated for educational purposes shall not in any respect affect the requirement that each community contribute local funds in an amount not less than its local contribution for schools in the previous fiscal year, subject to subsection (a) of this section, 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.

History of Section. P.L. 1960, ch. 27, § 10; P.L. 1994, ch. 70, art. 15, § 1; P.L. 1995, ch. 370, art. 18, § 2; P.L. 1996, ch. 100, art. 22, § 3; P.L. 1997, ch. 30, art. 31, § 2; P.L. 1998, ch. 31, art. 31, § 4; P.L. 2000, ch. 55, art. 13, § 2; P.L. 2001, ch. 77, art. 22, § 1; P.L. 2001, ch. 86, § 31; P.L. 2003, ch. 376, art. 9, § 1; P.L. 2006, ch. 246, art. 19, § 1; P.L. 2010, ch. 23, art. 13, § 2; P.L. 2010, ch. 124, § 1; P.L. 2010, ch. 125, § 1; P.L. 2012, ch. 241, art. 12, § 6; P.L. 2018, ch. 47, art. 9, § 1.

16-7-23.1. Special maintenance of effort rules for high local contribution and high per pupil expenditure communities.

1. Any community that has a local appropriation that funds at least eighty-five percent (85%) of the basic education program shall be defined as a high local contribution community. A high local contribution community that has provided full funding of the basic education program and all other approved programs required in law and regulation is authorized to reduce its local appropriation to schools by an amount up to ten percent (10%) of any increase it receives in state school funds, pursuant to the implementation of the permanent foundation education aid formula as defined in § 16-7.2-3 .
2. Any community that has a local appropriation that combined with state education aid provides full funding of the basic education program and exceeds the benchmarks established by the department of elementary and secondary education for costs outside the permanent foundation education aid formula, pursuant to § 16-7.2-3 , including but not limited to transportation, facility maintenance, and retiree health care, shall be defined as a high per pupil expenditure community. A high per pupil expenditure community is authorized to reduce its local appropriation to schools by an amount up to ten percent (10%) of any increase it receives in state school funds, pursuant to the implementation of the permanent foundation education aid formula as defined in § 16-7.2-3 .
3. Upon request of the local community, and for good cause shown, the commissioner of elementary and secondary education may grant variances to subsection (a) and (b) if the commissioner finds that such adjustment does not disrupt the continued effective operation of the public school system of the city or town.

History of Section. P.L. 2010, ch. 124, § 1; P.L. 2010, ch. 125, § 1.

16-7-23.2. School deficit reduction — Maintenance of effort provision.

A city, town, or regional school district appropriating authority may appropriate supplemental funds to eliminate or reduce a school budget deficit. To the extent that such a supplemental appropriation represents payment of past annual expenditure, the payment shall not be used in the computation of the maintenance of effort requirements established by § 16-7-23 .

History of Section. P.L. 2012, ch. 241, art. 12, § 7.

16-7-24. Minimum appropriation by a community for approved school expenses.

Each community shall appropriate or otherwise make available to the school committee for approved school expenditures during each school year, to be expended under the direction and supervision of the school committee of that community, an amount, which, together with state education aid and federal aid: (1) shall be not less than the costs of the basic program during the reference year, (2) plus the costs in the reference year of all optional programs shared by the state; provided, however, that the state funds provided in accordance with § 16-5-31 shall not be used to supplant local funds. The board of regents for elementary and secondary education shall adopt regulations for determining the basic education program and the maintenance of local appropriation to support the basic education program. A community that has a local appropriation insufficient to fund the basic education program pursuant to the regulations described in this section and all other approved programs shared by the state and required in law shall be required to increase its local appropriation in accordance with § 44-5-2 or find efficiencies in other non-education programs to provide sufficient funding to support the public schools. The city of Central Falls annual local contribution to education shall be determined pursuant to subsection 16-7.2-6(d) .

History of Section. P.L. 1960, ch. 27, § 10; P.L. 1983, ch. 200, § 1; P.L. 1988, ch. 84, § 74; P.L. 1988, ch. 336, § 10; P.L. 2010, ch. 124, § 1; P.L. 2010, ch. 125, § 1.

16-7-25. Minimum program required.

The school committee in each community shall operate the schools each year on an appropriate level at least as adequate as the minimum established in §§ 16-7-15 to 16-7-34 .

History of Section. P.L. 1960, ch. 27, § 10.

16-7-26. Repealed.

History of Section. P.L. 1960, ch. 27, § 10; Repealed by P.L. 1975, ch. 299, § 1.

16-7-27. School tax rate to be identified.

The taxing authority in every city and town of the state shall record upon the individual tax notices the tax rate which is apportioned for school purposes separate from the tax rate which is apportioned for municipal purposes and the total of these two (2) tax rates.

History of Section. P.L. 1960, ch. 27, § 10.

16-7-28. Separate revenue and expenditure records kept by school communities.

The communities shall provide for the keeping of separate revenue and expenditure records for all school purposes including capital expenditures on any forms and in any manner that the commissioner of elementary and secondary education may prescribe.

History of Section. P.L. 1960, ch. 27, § 10.

16-7-29. Minimum salary schedule.

1. Every municipality and regional school district shall establish and put into full effect by appropriate action of its school committee in a municipality or regional school district where the school committee is elected, or by appropriate action of the chief executive officer, in a municipality where the school committee is appointed, a salary schedule recognizing years of service, experience, and training for all certified personnel regularly employed in the public schools and having no more than twelve (12) annual steps. The term “school year” as applied to the salary schedule means the ten (10) calendar months beginning in September and ending the following June.
2. Nothing in this section shall prohibit a freeze or reduction of the monetary value of the steps in the salary schedule through the collective bargaining process.

History of Section. P.L. 1960, ch. 27, § 10; P.L. 1988, ch. 84, § 74; P.L. 1992, ch. 173, § 1; P.L. 1993, ch. 189, § 1; P.L. 2006, ch. 246, art. 19, § 5; P.L. 2007, ch. 73, art. 21, § 1; P.L. 2011, ch. 265, § 4.

16-7-30. School attendance when high school not maintained by community.

A community not maintaining a high school shall make provision for the free attendance of its children at some high school or academy approved by the state board of regents for elementary and secondary education.

History of Section. P.L. 1960, ch. 27, § 12.

16-7-31. Failure of community to furnish funds — Withholding of state funds.

If any community shall fail to maintain local appropriation or fail to appropriate or otherwise make available to the school committee the minimum sums provided in this chapter, including specifically but without limitation the minimum salary schedule as established in § 16-7-29 , and the funds and funding levels required for voluntary participation as an EPSDT provider pursuant to § 40-8-18 , all state education as provided in Title 16, and the minimum budget provision as established in § 16-7-23 , the commissioner of elementary and secondary education may notify the general treasurer of the amount of any deficiency. The general treasurer, on being so informed in writing of the amount of the deficiency by the commissioner, shall withhold state funds otherwise due during the subsequent state fiscal year to the community for its general uses and purposes in an amount equal to the deficiency.

History of Section. P.L. 1960, ch. 27, § 11; P.L. 1983, ch. 200, § 1; P.L. 1992, ch. 289, § 2; P.L. 1992, ch. 399, § 2; P.L. 1994, ch. 70, art. 15, § 1.

16-7-32. Annual review of expenditures.

The commissioner of elementary and secondary education shall annually review actual expenditures in each school year and in case any community fails to adequately support the programs shared by the state, as provided in §§ 16-7-15 to 16-7-34 , the commissioner shall inquire into the cause or causes of this failure of the community to adequately support the programs shared by the state.

History of Section. P.L. 1960, ch. 27, § 11.

16-7-33. Evaluation of operations — Recommendations.

The commissioner of elementary and secondary education is directed to evaluate the operation of this chapter, and at least once every three (3) years the state board of regents for elementary and secondary education shall review the findings of the commissioner of elementary and secondary education and shall make its recommendations in writing to the governor and to the general assembly.

History of Section. P.L. 1960, ch. 27, § 11.

16-7-34. Appropriation of funds.

The general assembly shall annually appropriate a sum that it may deem necessary to carry out the purposes of §§ 16-5-31 and 16-7-15 to 16-7-34 ; and the state controller is authorized and directed to draw his or her orders upon the general treasurer for the payment of this sum, or so much of that sum as may be required from time to time, upon receipt by the controller of properly authenticated vouchers.

History of Section. P.L. 1960, ch. 27, § 13.

16-7-34.1. Repealed.

History of Section. P.L. 1967, ch. 160, § 4; P.L. 1968, ch. 170, § 4; P.L. 1988, ch. 84, § 44; Repealed by P.L. 1992, ch. 133, art. 11, § 1, effective July 1, 1992.

16-7-34.2. Appropriation of funds for education of children with disabilities.

The general assembly shall appropriate to the board of regents for elementary and secondary education the sums that it deems necessary to carry out the purposes of this section for distribution to local and regional school districts on the basis of the ratio which the children with disabilities in that district bear to the state total of children with disabilities; provided however, that no school district receives less than twelve thousand five hundred dollars ($12,500) for the purpose of financially assisting school programs for the child with a disability currently in operation and those programs initiated by the district in the future, and as approved by the department of elementary and secondary education; and the state controller is authorized and directed to draw his or her orders upon the general treasurer for the payment of the sum, or so much of that sum as may be from time to time required, upon receipt by the controller of properly authenticated vouchers approved by the commissioner of elementary and secondary education. The department shall have the power to require that the programs shall be administered and supervised by the local districts in a manner that the department deems most feasible educationally and most sound economically.

History of Section. P.L. 1967, ch. 160, § 5; P.L. 1968, ch. 170, § 5; P.L. 1976, ch. 130, § 9; P.L. 1988, ch. 84, § 44; P.L. 1999, ch. 83, § 24; P.L. 1999, ch. 130, § 24.

16-7-34.3. Reimbursement by the state for conventional public housing students.

1. Each school district shall be reimbursed for expenditures for services and instructional programs for students residing in conventional public housing units owned by public housing authorities which are not on local tax rolls. Reimbursement shall be made when the services and programs have been carried out in accordance with the requirements of state law and regulations of the board of regents for elementary and secondary education. The following formula shall be used to distribute aid for the students residing in the public housing units:
   1. 1. The following formula and definitions are to be used to determine the entitlement for each school district:
      2. The incentive entitlement for a district shall be the product of the average per pupil cost for the district, the number of full time equivalent pupils in grade 12 and below residing in conventional public housing, and the state share ratio for the district.
   2. In this formula the following terms have the following meanings:
      1. “Incentive entitlement” means the sum payable to a local school district under this formula.
      2. “Average per pupil costs for the district” means all expenditures approved by the state board of regents for elementary and secondary education as defined in § 16-7-20 plus the costs of special education required under chapter 24 of this title divided by average daily membership of pupils as determined in § 16-7-22(1) .
      3. “State share ratio” means the effective state share ratio as calculated under § 16-7-20 .
      4. “Conventional public housing” means those properties identified as eligible low rent housing projects under title I of P.L. 81-874, 20 U.S.C. § 236 et seq.
2. Students living on property owned by the Rhode Island resource recovery corporation shall also be included in computations under this section.
3. Students living in the North Kingstown Traveler’s Aid housing project shall also be included in computations under this section.
4. An amount shall be appropriated for the purpose of reimbursing school districts as required pursuant to subsection (a) for conventional public housing.
5. If the sum appropriated in subsection (a) of this section is not sufficient to pay in full the amount for conventional public housing which each city and town is entitled to receive in any fiscal year, the maximum amount which all cities and towns are entitled to receive under this section shall be deducted from the sum appropriated for all cities and towns under § 16-7-20 . If, after final allocation of §§ 16-7-15 through 16-7-34 , a district receives more than one hundred percent (100%) reimbursement, the excess shall be deducted from this conventional public housing allocation in the following fiscal year.
6. Reimbursement payments as calculated under this chapter shall be made according to § 16-7-16 . All payments under this chapter shall be used exclusively to support services for conventional public housing students.
7. Expenditure reports shall be submitted by the local school districts to the commissioner of elementary and secondary education in accordance with rules and regulations of the board of regents for elementary and secondary education.

History of Section. P.L. 1986, ch. 287, art. 30, § 1; P.L. 1987, ch. 118, art. 12, § 1; P.L. 1989, ch. 490, § 1; P.L. 1990, ch. 65, art. 33, § 1; P.L. 1991, ch. 44, art. 39, § 1; P.L. 1992, ch. 133, art. 43, § 1; P.L. 1995, ch. 370, art. 18, § 2; P.L. 2001, ch. 86, § 31.

16-7-35. Foundation program for school housing — Declaration of policy.

Sections 16-7-35 to 16-7-47 are designed to:

1. Guarantee adequate school housing for all public school children in the state, and
2. Prevent the cost of school housing from interfering with the effective operation of the schools.

History of Section. P.L. 1960, ch. 26, § 1.

16-7-36. Definitions.

The following words and phrases used in §§ 16-7-35 to 16-7-47 have the following meanings:

1. “Adjusted equalized weighted assessed valuation” means the equalized weighted assessed valuation for a community as determined by the division of property valuation within the department of revenue in accordance with § 16-7-21 ; provided, however, that in the case of a regional school district the commissioner of elementary and secondary education shall apportion the adjusted equalized weighted assessed valuation of the member cities or towns among the regional school district and the member cities or towns according to the proportion that the number of pupils of the regional school district bears to the number of pupils of the member cities or towns.
2. “Approved project” means a project which has complied with the administrative regulations governing §§ 16-7-35 through 16-7-47 , and which has been authorized to receive state school housing reimbursement by the commissioner of elementary and secondary education.
3. “Commissioning agent” means a person or entity who ensures that systems are designed, installed, functionally tested, and capable of being operated and maintained to perform in conformity with the design intent of a project.
4. “Community” means any city, town, or regional school district established pursuant to law; provided, however, that the member towns of the Chariho regional high school district, created by P.L. 1958, ch. 55, as amended, shall constitute separate and individual communities for the purposes of distributing the foundation level school support for school housing for all grades financed in whole or in part by the towns irrespective of any regionalization.
5. “Facilities condition index” means the cost to fully repair the building divided by the cost to replace the building as determined by the school building authority.
6. “Functional utilization” means the ratio of the student population within a school facility to the capacity of the school facility to adequately serve students as defined by the school building authority.
7. “Maintenance expenditures” means amounts spent for repairs or replacements for the purpose of keeping a school facility open and safe for use, including repairs, maintenance, and replacements to a school facility’s heating, lighting, ventilation, security, and other fixtures to keep the facility or fixtures in effective working condition. Maintenance shall not include contracted or direct custodial or janitorial services, expenditures for the cleaning of a school facility or its fixtures, the care and upkeep of grounds, recreational facilities, or parking lots, or the cleaning of or repairs and replacements to movable furnishings or equipment.
8. “Owner’s program manager” means owner’s program manager as defined in § 37-2-7 .
9. “Prime contractor” means the construction contractor who is responsible for the completion of a project.
10. “Reference year” means the year next prior to the school year immediately preceding that in which aid is to be paid.
11. “Subject to inflation” means the base amount multiplied by the percentage of increase in the Producer Price Index (PPI) Data for Nonresidential Building Construction (NAICS 236222) as published by the United States Department of Labor, Bureau of Labor Statistics determined as of September 30 of the prior calendar year.

History of Section. P.L. 1960, ch. 26, § 2; P.L. 1961, ch. 93, § 2; P.L. 1980, ch. 264, § 1; P.L. 1981, ch. 252, § 1; P.L. 1983, ch. 134, § 1; P.L. 1988, ch. 84, § 9; P.L. 2006, ch. 246, art. 38, § 3; P.L. 2018, ch. 47, art. 9, § 1.

16-7-37. Reports from communities.

The superintendent of schools in each community shall certify to the commissioner of elementary and secondary education by the dates designated in accordance with the regulations of the board of regents for elementary and secondary education any information that may be needed for the operation of §§ 16-7-35 to 16-7-47 , in any form and upon any blanks that the commissioner of elementary and secondary education shall require.

History of Section. P.L. 1960, ch. 26, § 3; P.L. 1981, ch. 252, § 1.

16-7-38. Time for payments to communities.

There shall be paid on September 15 and March 15 of each year one-half (1/2) of the amount to which each community is entitled in terms of the computation in § 16-7-41 .

History of Section. P.L. 1960, ch. 26, § 4; P.L. 2012, ch. 241, art. 12, § 5.

16-7-39. Computation of school housing-aid ratio.

For each community, the percent of state aid for school housing costs shall be computed in the following manner:

1. The adjusted equalized weighted assessed valuation for the district is divided by the resident average daily membership for the district (grades twelve (12) and below); (2) The adjusted equalized weighted assessed valuation for the state is divided by the resident average daily membership for the state (grades twelve (12) and below); (1) is then divided by (2) and the resultant ratio is multiplied by a factor currently set at sixty-two percent (62%) which represents the approximate average district share of school support; the resulting product is then subtracted from one hundred percent (100%) to yield the housing aid share ratio, provided that in no case shall the ratio be less than thirty percent (30%). Provided, that effective July 1, 2010, and annually at the start of each fiscal year thereafter, the thirty percent (30%) floor on said housing-aid share shall be increased by five percent (5%) increments each year until said floor on the housing-aid share ratio reaches a minimum of not less than forty percent (40%). This provision shall apply only to school housing projects completed after June 30, 2010, that received approval from the board of regents prior to June 30, 2012. Provided further, for the fiscal year beginning July 1, 2012, and for subsequent fiscal years, the minimum housing aid share shall be thirty-five percent (35%) for all projects receiving council on elementary and secondary education approval after June 30, 2012. The resident average daily membership shall be determined in accordance with § 16-7-22(1) .
2. No district shall receive a combined total of more than twenty (20) incentive percentage points for projects that commence construction by December 30, 2023, and five (5) incentive points for projects that commence construction thereafter; provided further, these caps shall be in addition to amounts received under §§ 16-7-40(a)(1) and 16-7-40(a)(2) . Furthermore, a district’s share shall not be decreased by more than half of its regular share irrespective of the number of incentive points received nor shall a district’s state share increase by more than half of its regular share, including amounts received under §§ 16-7-40(a)(1) and 16-7-40(a)(2) , irrespective of the number of incentive points received.

History of Section. P.L. 1960, ch. 26, § 5; P.L. 1964, ch. 242, art. 7, § 1; P.L. 1981, ch. 252, § 1; P.L. 1988, ch. 84, § 44; P.L. 1989, ch. 490, § 1; P.L. 2001, ch. 24, art. 3, § 1; P.L. 2003, ch. 376, art. 9, § 1; P.L. 2010, ch. 124, § 1; P.L. 2010, ch. 125, § 1; P.L. 2012, ch. 241, art. 12, § 3; P.L. 2018, ch. 47, art. 9, § 1.

16-7-40. Increased school housing ratio.

1. 1. In the case of regional school districts, the school housing aid ratio shall be increased by two percent (2%) for each grade so consolidated.
   2. Regional school districts undertaking renovation project(s) shall receive an increased share ratio of four percent (4%) for those specific project(s) only, in addition to the combined share ratio calculated in § 16-7-39 and this subsection.
2. In the case of projects undertaken by districts specifically for the purposes of school safety and security, the school housing aid share ratio shall be increased by five percent (5%) for these specific projects only, in the calculation of school housing aid. The increased share ratio shall continue to be applied for as long as the project(s) receives state housing aid. In order to qualify for the increased share ratio, seventy-five percent (75%) of the project costs must be specifically directed to school safety and security measures. The council on elementary and secondary education shall promulgate rules and regulations for the administration and operation of this section.
3. For purposes of addressing health and safety deficiencies as defined by the school building authority, including the remediation of hazardous materials, the school housing aid ratio shall be increased by five percent (5%) so long as the construction of the project commences by December 30, 2022, is completed by December 30, 2027, and a two hundred fifty million dollar ($250,000,000) general obligation bond is approved on the November 2018 ballot. In order to qualify for the increased share ratio, twenty-five percent (25%) of the project costs or a minimum of five hundred thousand dollars ($500,000) must be specifically directed to this purpose.
4. For purposes of educational enhancement, including projects devoted to the enhancement of early childhood education and career and technical education, the school housing aid ratio shall be increased by five percent (5%) so long as construction of the project commences by December 30, 2022, is completed by December 30, 2027, and a two hundred fifty million dollar ($250,000,000) general obligation bond is approved on the November 2018 ballot. In order to qualify for the increased share ratio, twenty-five percent (25%) of the project costs or a minimum of five hundred thousand dollars ($500,000) must be specifically directed to these purposes.
5. For replacement of a facility that has a facilities condition index of sixty-five percent (65%) or higher, the school housing ratio shall be increased by five percent (5%) so long as construction of the project commences by December 30, 2023, is completed by December 30, 2028, does not receive a bonus pursuant to subsection (f) or subsection (g), and a two hundred fifty million dollar ($250,000,000) general obligation bond is approved on the November 2018 ballot. In order to qualify for the increased share ratio, twenty-five percent (25%) of the project costs or a minimum of five hundred thousand dollars ($500,000) must be specifically directed to this purpose.
6. For any new construction or renovation that increases the functional utilization of any facility from less than sixty percent (60%) to more than eighty percent (80%), including the consolidation of school buildings within or across districts, the school housing aid ratio shall be increased by five percent (5%) so long as construction of the project commences by December 30, 2023, is completed by December 30, 2028, and a two hundred fifty million dollar ($250,000,000) general obligation bond is approved on the November 2018 ballot. In order to qualify for the increased share ratio, twenty-five percent (25%) of the project costs or a minimum of five hundred thousand dollars ($500,000) must be specifically directed to this purpose.
7. For any new construction or renovation that decreases the functional utilization of any facility from more than one hundred twenty percent (120%) to between eighty-five percent (85%) to one hundred five percent (105%), the school housing ratio shall be increased by five percent (5%) so long as construction of the project commences by December 30, 2023, is completed by December 30, 2028, and a two hundred fifty million dollar ($250,000,000) general obligation bond is approved on the November 2018 ballot. In order to qualify for the increased share ratio, twenty-five percent (25%) of the project costs or a minimum of five hundred thousand dollars ($500,000) must be specifically directed to this purpose.
8. For consolidation of two (2) or more school buildings, within or across districts into one school building, the school housing aid ratio shall be increased by five percent (5%) so long as construction of the project commences by December 30, 2023, is completed by December 30, 2028, a two hundred fifty million dollar ($250,000,000) general obligation bond is approved on the November 2018 ballot, and does not receive a bonus pursuant to subsection (f) or subsection (g). In order to qualify for the increased share ratio, twenty-five percent (25%) of the project costs or a minimum of five hundred thousand dollars ($500,000) must be specifically directed to this purpose.
9. Any regionalized and/or non-regionalized school district receiving an increased share ratio for a project approved prior to July 1, 2018, shall continue to receive the increased share ratio for as long as the project receives state housing aid.

History of Section. P.L. 1960, ch. 26, § 6; P.L. 1962, ch. 47, § 1; P.L. 1981, ch. 252, § 1; P.L. 1985, ch. 309, § 1; P.L. 1988, ch. 84, § 44; P.L. 1999, ch. 83, § 24; P.L. 1999, ch. 130, § 24; P.L. 2003, ch. 376, art. 9, § 1; P.L. 2018, ch. 47, art. 9, § 1.

16-7-41. Computation of school housing aid.

1. In each fiscal year the state shall pay to each community a grant to be applied to the cost of school housing equal to the following:

   The cost of each new school housing project certified to the commissioner of elementary and secondary education not later than July 15 of the fiscal year shall be divided by the actual number of years of the bond issued by the local community or the Rhode Island health and educational building corporation in support of the specific project, times the school housing aid ratio; and provided, further, with respect to costs of new school projects financed with proceeds of bonds issued by the local community or the Rhode Island health and educational building corporation in support of the specific project, the amount of the school housing aid payable in each fiscal year shall not exceed the amount arrived at by multiplying the principal and interest of the bonds payable in each fiscal year by the school housing aid ratio and which principal and interest amount over the life of the bonds, shall, in no event, exceed the costs of each new school housing project certified to the commissioner of elementary and secondary education. If a community fails to specify or identify the appropriate reimbursement schedule, the commissioner of elementary and secondary education may at his or her discretion set up to a five (5) year reimbursement cycle for projects under five hundred thousand dollars ($500,000); up to ten (10) years for projects up to three million dollars ($3,000,000); and up to twenty (20) years for projects over three million dollars ($3,000,000).

2. Aid shall be provided for the same period as the life of the bonds issued in support of the project and at the school housing aid ratio applicable to the local community as set forth in § 16-7-39 at the time the project is approved by the council on elementary and secondary education.
3. Aid shall be paid either to the community or in the case of projects financed through the Rhode Island health and educational building corporation, to the Rhode Island health and educational building corporation or its designee including, but not limited to, a trustee under a bond indenture or loan and trust agreement, in support of bonds issued for specific projects of the local community in accordance with this section, § 16-7-40 and § 16-7-44 . Notwithstanding the preceding, in case of failure of any city, town, or district to pay the amount due in support of bonds issued on behalf of a city, town, school or district project financed by the Rhode Island health and educational building corporation, upon notification by the Rhode Island health and educational building corporation, the general treasurer shall deduct the amount from aid provided under this section, § 16-7-40 , § 16-7-44 and § 16-7-15 through § 16-7-34.3 due the city, town, or district and direct said funding to the Rhode Island health and educational building corporation or its designee.
4. Notwithstanding any provisions of law to the contrary, in connection with the issuance of refunding bonds benefiting any local community, any net interest savings resulting from the refunding bonds issued by such community or a municipal public buildings authority for the benefit of the community or by the Rhode Island health and educational building corporation for the benefit of the community, in each case in support of school housing projects for the community, shall be allocated between the community and the state of Rhode Island, by applying the applicable school housing aid ratio at the time of issuance of the refunding bonds, calculated pursuant to § 16-7-39 , that would otherwise apply in connection with school housing projects of the community; provided however, that for any refundings that occur between July 1, 2013, and December 31, 2015, the community shall receive eighty percent (80%) of the total savings and the state shall receive twenty percent (20%). In connection with any such refunding of bonds, the finance director or the chief financial officer of the community shall certify such net interest savings to the commissioner of elementary and secondary education. Notwithstanding § 16-7-44 or any other provision of law to the contrary, school housing projects costs in connection with any such refunding bond issue shall include bond issuance costs incurred by the community, the municipal public buildings authority, or the Rhode Island health and educational building corporation, as the case may be, in connection therewith. In connection with any refunding bond issue, school housing project costs shall include the cost of interest payments on such refunding bonds, if the cost of interest payments was included as a school housing cost for the bonds being refunded. A local community or municipal public buildings authority shall not be entitled to the benefits of this subsection (d) unless the net present value savings resulting from the refunding is at least three percent (3%) of the refunded bond issue.
5. Any provision of law to the contrary notwithstanding, the commissioner of elementary and secondary education shall cause to be monitored the potential for refunding outstanding bonds of local communities or municipal public building authorities or of the Rhode Island health and educational building corporation issued for the benefit of local communities or municipal public building authorities and benefiting from any aid referenced in this section. In the event it is determined by said monitoring that the net present value savings which could be achieved by refunding such bonds of the type referenced in the prior sentence including any direct costs normally associated with such refundings is equal to (i) at least one hundred thousand dollars ($100,000) and (ii) for the state and the communities or public building authorities at least three percent (3%) of the bond issue to be refunded including associated costs then, in such event, the commissioner (or his or her designee) may direct the local community or municipal public building authority for the benefit of which the bonds were issued, to refund such bonds. Failure of the local community or municipal public buildings authority to timely refund such bonds, except due to causes beyond the reasonable control of such local community or municipal public building authority, shall result in the reduction by the state of the aid referenced in this § 16-7-41 associated with the bonds directed to be refunded in an amount equal to ninety percent (90%) of the net present value savings reasonably estimated by the commissioner of elementary and secondary education (or his or her designee) which would have been achieved had the bonds directed to be refunded been refunded by the ninetieth (90th) day (or if such day is not a business day in the state of Rhode Island, the next succeeding business day) following the date of issuance of the directive of the commissioner (or his or her designee) to refund such bonds. Such reduction in the aid shall begin in the fiscal year following the fiscal year in which the commissioner issued such directive for the remaining term of the bond.
6. Payments shall be made in accordance with § 16-7-40 and this section.
7. For purposes of financing or refinancing school facilities in the city of Central Falls through the issuance of bonds through the Rhode Island health and educational building corporation, the city of Central Falls shall be considered an “educational institution” within the meaning of § 45-38.1-3(13) .

History of Section. P.L. 1960, ch. 26, § 7; P.L. 1981, ch. 252, § 1; P.L. 1989, ch. 471, § 1; P.L. 2003, ch. 376, art. 9, § 1; P.L. 2005, ch. 117, art. 13, § 8; P.L. 2007, ch. 370, § 1; P.L. 2008, ch. 9, art. 5, § 1; P.L. 2010, ch. 124, § 1; P.L. 2010, ch. 125, § 1; P.L. 2012, ch. 241, art. 12, § 5; P.L. 2013, ch. 144, art. 13, § 1; P.L. 2018, ch. 47, art. 9, § 1.

16-7-41.1. Eligibility for reimbursement.

1. School districts, not municipalities, may apply for and obtain approval for a project under the necessity of school construction process set forth in the regulations of the council on elementary and secondary education, provided, however, in the case of a municipality that issues bonds through the Rhode Island health and educational building corporation to finance or refinance school facilities for a school district that is not part of the municipality, the municipality may apply for and obtain approval for a project. Such approval will remain valid until June 30 of the third fiscal year following the fiscal year in which the council on elementary and secondary education’s approval is granted. Only those projects undertaken at school facilities under the care and control of the school committee and located on school property may qualify for reimbursement under §§ 16-7-35 — 16-7-47 . Facilities with combined school and municipal uses or facilities that are operated jointly with any other profit or nonprofit agency do not qualify for reimbursement under §§ 16-7-35 — 16-7-47 . Projects completed by June 30 of a fiscal year are eligible for reimbursement in the following fiscal year. A project for new school housing or additional housing shall be deemed to be completed when the work has been officially accepted by the school committee or when the housing is occupied for its intended use by the school committee, whichever is earlier.
2. Notwithstanding the provisions of this section, the board of regents shall not grant final approval for any project between June 30, 2011, and May 1, 2015, except for projects that are necessitated by immediate health and safety reasons. In the event that a project is requested during the moratorium because of immediate health and safety reasons, those proposals shall be reported to the chairs of the house and senate finance committees.
3. Any project approval granted prior to the adoption of the school construction regulations in 2007, and which are currently inactive; and any project approval granted prior to the adoption of the school construction regulations in 2007 which did not receive voter approval or which has not been previously financed, are no longer eligible for reimbursement under this chapter. The department of elementary and secondary education shall develop recommendations for further cost containment strategies in the school housing aid program.
4. Beginning July 1, 2015, the council on elementary and secondary education shall approve new necessity of school construction applications on an annual basis. The department of elementary and secondary education shall develop an annual application timeline for local education agencies seeking new necessity of school construction approvals.
5. Beginning July 1, 2019, no state funding shall be provided for projects in excess of ten million dollars ($10,000,000) unless the prime contractor for the project has received prequalification from the school building authority.
6. Beginning July 1, 2019, the necessity of school construction process set forth in the regulations of the council on elementary and secondary education shall include a single statewide process, developed with the consultation of the department of environmental management, that will ensure community involvement throughout the investigation and remediation of contaminated building sites for possible reuse as the location of a school. That process will fulfill all provisions of § 23-19.14-5 related to the investigation of reuse of such sites for schools.
7. Beginning July 1, 2019, school housing projects exceeding one million five hundred thousand dollars ($1,500,000) subject to inflation shall include an owner’s program manager and a commissioning agent. The cost of the program manager and commissioning agent shall be considered a project cost eligible for aid pursuant to §§ 16-7-41 and 16-105-5 .
8. Temporary housing, or swing space, for students shall be a reimbursable expense so long as a district can demonstrate that no other viable option to temporarily house students exists and provided that use of the temporary space is time limited for a period not to exceed twenty-four (24) months and tied to a specific construction project.
9. Environmental site remediation, as defined by the school building authority, shall be a reimbursable expense up to one million dollars ($1,000,000) per project.
10. If, within thirty (30) years of construction, a newly constructed school is sold to a private entity, the state shall receive a portion of the sale proceeds equal to that project’s housing aid reimbursement rate at the time of project completion.
11. All projects must comply with § 37-13-6 , ensuring that prevailing wage laws are being followed, and § 37-14.1-6 , ensuring that minority business enterprises reach a minimum of ten percent (10%) of the dollar value of the bid.

History of Section. P.L. 2003, ch. 376, art. 9, § 2; P.L. 2011, ch. 151, art. 5, § 3; P.L. 2013, ch. 144, art. 13, § 1; P.L. 2013, ch. 501, § 21; P.L. 2014, ch. 145, art. 22, § 1; P.L. 2015, ch. 141, art. 9, § 1; P.L. 2018, ch. 47, art. 9, § 1.

16-7-42. Other aid for school housing projects — Effect.

In the computations of §§ 16-7-35 — 16-7-47 , only that portion of the cost of school housing projects for which no aid has been received from the federal government under the provision of any present or subsequent federal legislation shall be used. In the computations of §§ 16-7-35 — 16-7-47 , the cost of a school housing project shall be reduced by the amount of federal aid and other private and public funding that is applied to the project.

History of Section. P.L. 1960, ch. 26, § 8; P.L. 2003, ch. 376, art. 9, § 3.

16-7-43. Repealed.

History of Section. P.L. 1960, ch. 26, § 9; Repealed by P.L. 2003, ch. 376, art. 9, § 4, effective July 1, 2003.

16-7-44. School housing project costs.

School housing project costs, the date of completion of school housing projects, and the applicable amount of school housing project cost commitments shall be in accordance with the regulations of the commissioner of elementary and secondary education and the provisions of §§ 16-7-35 — 16-7-47 ; provided, however, that school housing project costs shall include the purchase of sites, buildings, and equipment, the construction of buildings, and additions or renovations of existing buildings and/or facilities. School housing project costs shall include the cost of interest payment on any bond issued after July 1, 1988, provided that such bond is approved by the voters on or before June 30, 2003, or issued by a municipal public building authority or by the appropriate approving authority on or before June 30, 2003. Except as provided in § 16-7-41(d) , for those projects approved after June 30, 2003, interest payments may only be included in project costs provided that the bonds for these projects are issued through the Rhode Island health and educational building corporation. School housing project costs shall exclude: (1) Any bond issuance costs incurred by the municipality or regional school district; (2) Demolition costs for buildings, facilities, or sites deemed surplus by the school committee; and (3) Restrictions pursuant to § 16-7-44.1 . A building, facility, or site is declared surplus by a school committee when the committee no longer has such building, facility, or site under its direct care and control and transfers control to the municipality, § 16-2-15 . The council on elementary and secondary education will promulgate rules and regulations for the administration of this section. These rules and regulations may provide for the use of lease revenue bonds, capital leases, or capital reserve funding, to finance school housing provided that the term of any bond, or capital lease shall not be longer than the useful life of the project and these instruments are subject to the public review and voter approval otherwise required by law for the issuance of bonds or capital leases. Cities or towns issuing bonds, or leases issued by a municipal public buildings authority for the benefit of a local community pursuant to chapter 50 of title 45 shall not require voter approval. Effective January 1, 2008, and except for interim finance mechanisms, refunding bonds, borrowing from the school building authority capital fund, and bonds issued by the Rhode Island health and educational building corporation to finance school housing projects for towns, cities, or regional school districts borrowing for which has previously been authorized by an enabling act of the general assembly, all bonds, notes, and other forms of indebtedness issued in support of school housing projects shall require passage of an enabling act by the general assembly.

History of Section. P.L. 1960, ch. 26, § 10; P.L. 1981, ch. 252, § 1; P.L. 1988, ch. 441, § 1; P.L. 1996, ch. 320, § 1; P.L. 2003, ch. 376, art. 9, § 5; P.L. 2007, ch. 222, § 1; P.L. 2007, ch. 236, § 1; P.L. 2007, ch. 370, § 1; P.L. 2008, ch. 9, art. 5, § 1; P.L. 2015, ch. 141, art. 9, § 1; P.L. 2018, ch. 47, art. 9, § 1.

16-7-44.1. Program restrictions.

Housing aid shall not be provided for the purchase of furniture, fixtures and equipment except in the case of a project to construct a new school or new school addition that is also supported by a general obligation or lease revenue bond. Housing aid shall not be provided for projects supported by capital lease agreements that: (1) are not lease purchase agreements; (2) do not demonstrate a direct benefit to the school nor are located on school property; and (3) do not exclude all non-capital costs such as maintenance costs prior to the request for reimbursement.

History of Section. P.L. 2003, ch. 376, art. 9, § 6.

16-7-44.2. Repayment of school housing aid.

1. If an audit or subsequent review by the commissioner of elementary and secondary education determines that a community was overpaid school housing aid, the community shall repay the determined amount over a number of years that is calculated by dividing the total amount of the overpayment by the total amount of revenues reported by the school district for the most recently completed fiscal year.
2. If the percentage derived from section (a) above is one-half percent (0.5%) or less, the community shall repay the entire amount of the overpayment in the same fiscal year in which the overpayment is determined.
3. If the percentage derived from section (a) above is greater than one-half percent (0.5%), the community shall repay the amount of the overpayment over a number of years that equals the percentage derived from section (a) divided by one-half percent (0.5%).
4. Repayments of more than one year shall be made in equal installments over the term derived from section (c) above. The department of elementary and secondary education will submit an invoice to the community on July 1st.
5. If the department of elementary and secondary education has not received the required amount by June 30 of the applicable fiscal year, education aid for the community calculated pursuant to § 16-7.1-15 shall be reduced by the amount due.
6. If the entire overpayment is not received in full in the first year, interest will be applied annually at a rate equal to the consumer price index.

History of Section. P.L. 2009, ch. 5, art. 13, § 2.

16-7-45. Annual appropriations.

The general assembly shall annually appropriate those sums that it may deem necessary to carry out the purposes of §§ 16-7-35 to 16-7-47 , and the state controller is authorized and directed to draw his or her orders upon the general treasurer for the payment of the sum, or so much of it as may be required from time to time, upon the receipt by the controller of properly authenticated vouchers. In the event that the full amount of housing aid has not been appropriated in a particular fiscal year, school housing aid will not be ratably reduced. In such cases, aid computed for school housing costs for debt service which has been paid by the local community prior to project completion will be deferred. Such aid will be paid within three (3) equal installments beginning the fiscal year after project completion. This deferral provision shall only be applicable if the computed aid for debt service paid by the local community prior to project completion exceeds five hundred thousand dollars ($500,000).

History of Section. P.L. 1960, ch. 26, § 11; P.L. 2010, ch. 23, art. 13, § 3.

16-7-46. Repealed.

History of Section. P.L. 1960, ch. 26, § 13; Repealed by P.L. 1987, ch. 288, § 1, effective June 30, 1987. For present provision of law, see § 16-7-33 .

16-7-47. Addition to existing aid.

The provisions of §§ 16-7-35 to 16-7-47 shall be in addition to any and all state aid for education as provided in any other general or special law.

History of Section. P.L. 1960, ch. 26, § 14.

16-7-48, 16-7-49. Repealed.

History of Section. P.L. 1993, ch. 138, art. 77, § 5; Repealed by P.L. 1994, ch. 70, art. 15, § 2, effective July 1, 1994.

16-7.1-1. Legislative findings.

1. Legislative intent.  (1) 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; and
   4. Establishing a predictable method of distributing state education aid in a manner that addresses the over-reliance on the property tax to finance education.

      (2) 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.

2. 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 (4) fundamental principles as stated in subsection (a) of this section. 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 improvement in performance; and on accountability for district and school expenditures.

History of Section. P.L. 1997, ch. 30, art. 31, § 1; P.L. 1998, ch. 31, art. 31, § 1.

16-7.1-2. Accountability for student performance.

1. 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 four (4), eight (8), and ten (10)). These standards and performance benchmarks shall be ratified by the board and implemented and performance standards and performance benchmarks for reading in two (2) grades shall be added.
2. Districts and schools need to be held accountable for student performance results. Therefore, every school district receiving state education aid under this title shall develop a district strategic plan. The district strategic plan shall: (1) Be based on high academic standards for student performance consistent with the statewide standards and benchmarks; (2) Be the product of a shared communitywide process that defines a vision of what students should know and be able to do; (3) Address the needs of each school in the district; (4) Encourage the development of school-based improvement planning and implementation; (5) Include a process for mentoring of new teachers; (6) 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, language background, and disability; (7) Include establishment of student intervention teams to address the instructional needs of diverse learners, include high standards of student behavior designed to create an orderly educational environment with due regard for the rights of students, and an asset protection plan; and (8) Be consistent with Rhode Island’s comprehensive education strategy. In order to ensure the most efficient use of resources implementing strategic plans, districts and schools are encouraged to work together as consortia and as part of the regional collaboratives.
3. 1. The strategic plan shall include strategies to improve the performance of students in mathematics, reading, and writing. Each plan must describe a scientific research-based, as described in the No Child Left Behind Act of 2001, Title 1, Part B, § 1208 [20 U.S.C. § 6368], reading instruction to improve the reading skills of all students in the early grades (kindergarten through grade five (5)) that is aligned with the board of regents reading policy. The district must develop, implement, and evaluate a personal literacy program for each student in these grades who is performing below grade level. 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 elementary and secondary 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. The increase shall be established annually in accordance with § 16-7.1-4 .
   2. The general assembly recognizes the contribution of school counselors to positive educational change; to the implementation of the No Child Left Behind Act of 2001; and to the success of students in three (3) developmental domains: academic, career, and personal/social. It endorses the National Standards for School Counseling Programs as developed by the American School Counselor Association (ASCA). Further, the general assembly encourages every district to implement a K-12 standards-based, comprehensive, developmental school counseling program. The general assembly further encourages every district to provide professional development opportunities for school counselors that focus on best practices in collaborating with business, industry, and other community organizations to create internships and apprenticeships for secondary students.
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.
5. Each strategic plan must indicate the method in which school administrators and staff shall achieve and maintain an orderly educational environment in accordance with due process and with due regard for the rights of students.
6. 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 pre-school children with disabilities and children and youth with behavioral healthcare needs.
7. All district strategic plans and annual updates shall be submitted to the commissioner of elementary and secondary education no later than May 1 of each year.
8. All strategic plans shall include strategies to decrease obesity and improve the health and wellness of students and employees through nutrition, physical activity, health education, and physical education. Said strategies shall be submitted by May 1st of each year to the Rhode Island department of elementary and secondary education and the Rhode Island department of health.

History of Section. P.L. 1997, ch. 30, art. 31, § 1; P.L. 1998, ch. 31, art. 31, § 1; P.L. 1999, ch. 31, art. 23, § 2; P.L. 2000, ch. 267, § 1; P.L. 2001, ch. 77, art. 22, § 2; P.L. 2002, ch. 65, art. 18, § 1; P.L. 2004, ch. 184, § 1; P.L. 2004, ch. 244, § 1; P.L. 2005, ch. 74, § 2; P.L. 2005, ch. 76, § 2; P.L. 2014, ch. 438, § 1; P.L. 2014, ch. 459, § 1.

16-7.1-3. Accountability for district and school expenditures.

All school districts shall implement a uniform program to track educational expenditures and investments. All school districts shall prepare annual reports of its programs which shall be submitted to the department of elementary and secondary education by July 31 of each year. 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 the event that a report is not submitted within thirty days of July 31, state educational aid to the school district may be withheld. In addition, each school committee shall annually ratify the district expenditure report and transmit the report to the commissioner of elementary and secondary education no later than September 30 of each year. Furthermore, the commissioner of elementary and secondary 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.

History of Section. P.L. 1997, ch. 30, art. 31, § 1; P.L. 1998, ch. 31, art. 31, § 1; P.L. 2005, ch. 117, art. 13, § 1.

16-7.1-4. Annual report by Commissioner of Elementary and Secondary Education.

On or before March 31 of each year, the commissioner of elementary and secondary education shall annually publish a report detailing school district and individual school performance consistent with § 16-60-4(22). This report shall also set annual performance benchmarks. Also, the commissioner of elementary and secondary education shall report to the house of representatives and the senate, sitting as the grand committee, no later than March 31 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.

History of Section. P.L. 1997, ch. 30, art. 31, § 1; P.L. 1998, ch. 7, § 1.

16-7.1-5. Intervention and support for failing schools.

1. 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. These strategies shall initially focus on: (1) technical assistance in improvement planning, curriculum alignment, student assessment, instruction, and family and community involvement; (2) policy support; (3) resource oversight to assess and recommend that each school has adequate resources necessary to meet performance goal; and (4) creating supportive partnerships with education institutions, business, governmental, or other appropriate nonprofit agencies. If after a three (3) 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 department of elementary and secondary education over the school and/or district budget, program, and/or personnel. This control by the department of elementary and secondary education may be exercised in collaboration with the school district and the municipality. If further needed, the school shall be reconstituted. Reconstitution responsibility is 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.
2. For FY 2007, the department shall dedicate one hundred thousand dollars ($100,000) from funds appropriated to support progressive support and intervention and SALT visits to support the Rhode Island Consortium for Instructional Leadership and Training. This consortium is engaged in training school leaders to be more effective instructional leaders in the standards based instruction environment.

History of Section. P.L. 1997, ch. 30, art. 31, § 1; P.L. 1998, ch. 31, art. 31, § 1; P.L. 2002, ch. 65, art. 18, § 1; P.L. 2003, ch. 376, art. 9, § 7; P.L. 2004, ch. 595, art. 23, § 5; P.L. 2005, ch. 117, art. 13, § 1; P.L. 2006, ch. 246, art. 19, § 2.

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 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:

1. 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 valuations (EWAV) from the most recently completed and certified study pursuant to § 16-7-21 ;
   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 (ADM) pursuant to § 16-7-22 ;
2. Methodology.
   1. 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

   2. 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

   3. 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

   4. Capacity/Effort Index

      Calculation of the equity index:

      Step 8: (Property tax capacity index/tax effort index = Equity index

   5. Instructional Cost Per Pupil

      Calculate the instructional cost per ADM:

      Step 9: core instructional district cost/district ADM = per pupil core instructional district cost

      Step 10: select the statewide average per pupil instructional cost

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

      Step 12: core gap * ADM = weighted difference.

3. 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.
4. For FY 2003, districts shall receive the greater of the dollar amount received in FY 2002 or the dollar amount calculated as the FY 2003 entitlement. For FY 2003, ten percent (10%) of these funds shall, in addition to the purposes enumerated above, be used to increase student and school performance, and shall be only spent with the prior approval of the commissioner of elementary and secondary education.

History of Section. P.L. 1997, ch. 30, art. 31, § 1; P.L. 2001, ch. 86, § 33; P.L. 2002, ch. 65, art. 18, § 1.

16-7.1-7. Repealed.

History of Section. P.L. 1997, ch. 30, art. 31, § 1; Repealed by P.L. 1998, ch. 31, art. 31, § 2, effective July 1, 1998.

16-7.1-8. Student equity investment fund.

The general assembly recognizes the need to improve fourth grade performances in mathematics, reading, and writing. Therefore, the general assembly 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 it based on each district’s proportion of resident children eligible for USDA reimbursable school meals relative to the total number of eligible students statewide. For the purposes of this section, the date as of eligibility for USDA reimbursable meals shall be determined by the June report of the reference year as defined in § 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 . Beginning in FY 2003, the commissioner of elementary and secondary education may require a district to use up to five percent (5%) of the funds allocated by this section to increase student and school performance. The five percent (5%) set aside funds shall only be spent with the prior approval of the commissioner of elementary and secondary education.

History of Section. P.L. 1997, ch. 30, art. 31, § 1; P.L. 2002, ch. 65, art. 18, § 1; P.L. 2003, ch. 373, § 1; P.L. 2003, ch. 374, § 1; P.L. 2003, ch. 376, art. 9, § 7.

16-7.1-9. Student language assistance investment fund.

The general assembly recognizes the strength Rhode Island’s growing cultural diversity brings to the overall economic and social health of the state. Therefore, the general assembly establishes the Student Language Assistance Investment Fund to target state resources to assist students who require additional language educational services. The general assembly shall annually appropriate some sum and distribute it based on each district’s proportion of limited English proficiency students statewide in the reference year as defined in § 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 .

History of Section. P.L. 1997, ch. 30, art. 31, § 1; P.L. 2005, ch. 117, art. 13, § 1.

16-7.1-10. Professional development investment fund.

1. In order to continue developing the skills of Rhode Island’s teachers, administrators and staff, the general assembly establishes a Professional Development Investment Fund. The general assembly shall annually appropriate some sum and distribute it based on a pupil-teacher ratio that shall be adjusted annually by the commissioner of elementary and secondary education. School districts, including collaboratives established pursuant to chapter 3.1 of this title, 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 (2) teachers selected by the teaching staff of the school, and two (2) parents of students attending the school. Schools that enroll students in the early grades (kindergarten through grade three (3)) must expend these funds on the development of scientific research based, as described in the No Child Left Behind Act of 2001, Title 1, Part B, Section 1208 [20 U.S.C. § 6368], reading instruction to improve students reading performance. Schools that have met their performance targets in reading for the current academic year and are not designated as a school in need of improvement, may expend their Professional Development Investment Funds on professional development in the core academic subjects of mathematics, writing, or reading to improve student performance. 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 § 16-7.1-2 . Additional funds shall be allocated to the department of elementary and secondary education to support teacher and administrator 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 leadership development for the teacher to assume leadership roles or ultimately prepare for administrator;
   4. Development of a plan for formal training of school leaders in standards based instruction, school improvement planning, effective use of data in the decision-making process, community involvement and creation of governance structures;
   5. Support for national board certification of teachers, application fees for a certificate of clinical competence issued by the American speech-language hearing association, and grants for coordination and support of school based teacher professional development; and
   6. The practice of scientific research based reading instruction to improve reading performance.
2. In FY 2003, the additional funds allocated to the department of elementary and secondary education pursuant to this section shall be used only to support the activities described in subdivisions (a)(2) and (a)(5) of this section.
3. Out of the funds appropriated by the general assembly for professional development in subsection (a) of this section, twenty-five percent (25%) shall be set aside for district-wide professional development activities. The expenditure of this district-wide professional development set-aside shall be determined by a committee in each district consisting of the superintendent or his or her designee, three (3) teachers appointed by the collective bargaining agent, and one member of the Rhode Island department of elementary and secondary education field service team servicing that school district designated by the commissioner of elementary and secondary education. The expenditure must be aligned with the district strategic plan as well as ongoing professional development programs approved by the department of elementary and secondary education. Collaborative programs between school districts are permissible.
4. Beginning in FY 2006, professional development funds shall only be spent with the prior approval of the commissioner of elementary and secondary education upon submission of a district level plan which incorporates the school level plans and which details the use of the funds.  These plans shall to the extent possible call for professional development activities that are embedded or do not otherwise encroach upon student instruction time.  The requirements of this paragraph shall apply to both district-wide professional development activities and professional development activities determined by the school-level committees.
5. In FY 2009 payments from the professional development investment fund are hereby suspended through June 30, 2009. Notwithstanding, school districts may continue to maintain professional development programs and may reduce other education programs to achieve savings.
6. In FY 2010 payments from the professional development investment fund are hereby suspended through June 30, 2010. Notwithstanding, school districts may continue to maintain professional development programs and may reduce other education programs to achieve savings.

History of Section. P.L. 1997, ch. 30, art. 31, § 1; P.L. 1998, ch. 31, art. 31, § 1; P.L. 1999, ch. 31, art. 23, § 3; P.L. 2002, ch. 65, art. 18, § 1; P.L. 2002, ch. 400, § 1; P.L. 2003, ch. 219, § 1; P.L. 2003, ch. 310, § 1; P.L. 2003, ch. 321, § 1; P.L. 2003, ch. 337, § 1; P.L. 2003, ch. 376, art. 9, § 7; P.L. 2004, ch. 456, § 1; P.L. 2005, ch. 117, art. 13, § 6; P.L. 2009, ch. 5, art. 13, § 1; P.L. 2009, ch. 68, art. 3, § 1.

16-7.1-11. Early childhood investment fund.

The general assembly 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 it 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 § 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 is determined in § 16-7-22 . These resources shall be used to close student performance gaps in accordance with the district’s strategic plan pursuant to § 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; (1) 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; (2) 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 that 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.

History of Section. P.L. 1997, ch. 30, art. 31, § 1; P.L. 1998, ch. 31, art. 31, § 1.

16-7.1-11.1. Full day kindergarten investment fund.

1. Beginning in fiscal year 2001, the general assembly shall appropriate and distribute to each locally or regionally operated district a sum equal to the number of full-time kindergarten students reported as a member of each district as of the reference year as defined in § 16-7-16(11) times a per pupil amount, which shall be:
   1. Fifteen hundred dollars ($1,500) for those districts with a tax effort index of below 0.6 as calculated pursuant to § 16-7.1-6 ;
   2. One thousand dollars ($1,000) for those districts with a tax effort index of below 1.0 as calculated pursuant to § 16-7.1-6 ; and
   3. Five hundred dollars ($500) for all other districts.
2. Funding under this section shall be in addition to any and all other aid received by the district, including aid received under this chapter, chapter 77.1 of this title, and any minimum increase of aid provided for under § 16-7.1-15 .
3. For fiscal year 2007, aid received pursuant to this section shall be equal to aid received in the fiscal year 2006 enacted budget by the 2005 general assembly.

History of Section. P.L. 2000, ch. 55, art. 20, § 2; P.L. 2001, ch. 77, art. 22, § 2; P.L. 2005, ch. 117, art. 13, § 1; P.L. 2006, ch. 246, art. 19, § 7.

16-7.1-12. Student technology investment fund.

The general assembly 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 § 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 it based on each district’s proportion of their average daily membership in the reference year as defined in § 16-7-16 . For purposes of this section, average daily membership shall be defined in § 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.

History of Section. P.L. 1997, ch. 30, art. 31, § 1; P.L. 1998, ch. 31, art. 31, § 1.

16-7.1-13. Repealed.

History of Section. P.L. 1997, ch. 30, art. 31, § 1; Repealed by P.L. 2014, ch. 336, § 2, effective July 3, 2014; P.L. 2014, ch. 337, § 2, effective July 3, 2014.

16-7.1-14. Joint commission.

The special joint commission established in § 16-79-2 supports the funding program established in § 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.

History of Section. P.L. 1997, ch. 30, art. 31, § 1; P.L. 1998, ch. 31, art. 31, § 1.

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

1. Each locally or regionally operated school district shall receive as a base the same amount of school aid as each district received in fiscal year 1997-1998, adjusted to reflect the increases or decreases in aid enacted to meet the minimum and maximum funding levels established for FY 2000 through FY 2008. Each school district shall also receive school aid through each investment fund for which that district qualifies pursuant to §§ 16-7.1-8 , 16-7.1-9 , 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 base amount described in this section. For FY 2009 and FY 2010, the reference year for the data used in the calculation of aid pursuant to § 16-7.1-8 , § 16-7.1-9 , § 16-7.1-10 , § 16-7.1-11 , § 16-7.1-11.1 , § 16-7.1-12 , § 16-7.1-16 , § 16-7.1-19 and 16-77.1-2(b) shall be FY 2004. Calculation 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. Provided, however, calculation and distribution of education aid under § 16-7.1-10 is suspended for FY 2009 and FY 2010. School districts may continue to maintain professional development programs and may reduce other education programs to achieve savings during FY 2009 and FY 2010. The funding of the purposes and activities of chapter 67 of this title, the Rhode Island Literacy and Dropout Prevention Act of 1967, 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 percent (3%) of its student equity and early childhood funds under the provisions of chapter 67 of this title.
2. Funding for full day kindergarten programs in accordance with § 16-7.1-11.1 shall be in addition to funding received under this section.
3. Funding distributed under §§ 16-77.1-2(b) and 16-64-1.1 shall be in addition to funding distributed under this section.
4. For FY 2009, aid to school districts shall be reduced by the equivalent savings that are realized due to a reduction of payments to the teachers’ retirement system. The reduction for the Chariho regional school district shall be prorated among the member communities. In addition, for FY 2009 aid to school districts shall be reduced by any amount of previously appropriated school housing aid determined to be ineligible for reimbursement in accordance with § 16-7-44.2 . For FY 2009 aid shall also be reduced by the amount of projected revenue for the period December 1, 2008 through June 30, 2009 from the permanent school fund. The projected revenue shall be determined by annualizing actual earnings from the period May 12, 2008 through November 30, 2008. The department of elementary and secondary education shall reduce aid in two equal installments, payable in May and June; provided however, that East Providence shall receive one payment of reduced aid in May. For FY 2009, aid to school districts shall include thirty eight million, three hundred twenty-four thousand, eight hundred twenty-two dollars ($38,324,822) from federal fiscal stabilization funds offset by a like reduction from general revenues. The distribution shall be in the same proportion as general operating aid.
5. Districts shall comply with the assurances and reporting requirements provided in the federal guidance for the (ARRA) allocation and by the commissioner of elementary and secondary education.
6. There shall be an appropriation to ensure that total aid distributed to communities in 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 2009 Stabilization reappropriations shall be as follows: Click to view In addition to the amounts listed above, the department of elementary and secondary education shall allocate monthly to each school district all funds received into the permanent school fund pursuant to § 42-61.2-7 , as amended by chapter 13 of the 2008 Public Laws entitled “An Act Relating to State Affairs and Government”, up to $14.1 million, in the same proportion as the aid distribution in the FY 2009 enacted appropriations act. This special provision shall not limit entitlements as determined by application of other formula provisions in this section.
7. For FY 2009 payments to charter public schools shall be reduced by the equivalent savings that are realized due to a reduction of payments to the teachers’ retirement system. The reduction for district sponsored charter schools shall be incorporated in the sponsoring school district’s aid as noted in subsection (f). Aid to charter public schools shall be reduced in the April quarterly payment. For FY 2009, charter public school funding is as follows:

   Beacon Charter School1,512,785

   Blackstone Academy1,469,349

   Compass614,485

   Paul Cuffee4,449,006

   CVS Highlander2,596,782

   International2,863,818

   Kingston Hill Academy736,784

   Learning Community3,669,529

   NE Laborer's1,508,866

   Textron2,361,370

   Times 2 Academy6,870,410

8. 1. For FY 2010, payments to charter public schools shall be reduced by the equivalent savings that are realized due to a reduction of payments to the teachers’ retirement system. The reduction for district sponsored charter schools shall be incorporated in the sponsoring schools district’s aid as noted in subsection (f). For FY 2010, payments to charter public schools shall be reduced by one million four hundred sixty-three thousand three hundred sixty-seven dollars ($1,463,367) based on the charter schools’ share of total FY 2009 enacted education aid, including school districts and state schools. For FY 2010, a distribution of stabilization funds per the American Recovery and Reinvestment Act (ARRA) totaling one million four hundred seventy-one thousand eighty-seven dollars ($1,471,087) shall be allocated to charter public schools proportionately based on their share of total FY 2009 enacted education aid, including school districts and state schools.
   2. For FY 2010, payments to charter public schools shall be further reduced by one million one hundred fifty-eight thousand one dollars ($1,158,001) based on the charter schools’ share of total FY 2010 originally enacted education aid. For FY 2010, an additional distribution of stabilization funds per the American Recovery and Reinvestment Act (ARRA) totaling one hundred ninety-seven thousand seven hundred fifty-two dollars ($197,752) shall be allocated to charter public schools proportionately based on their share of total FY 2010 originally enacted education aid.
   3. Public charter schools shall comply with the assurances and reporting requirements provided in the federal guidance for the (ARRA) allocation and by the commissioner of elementary and secondary education.
9. There shall be deducted from the final aid payment to each school district any amounts owed to the state at the end of the fiscal year for transportation of the district’s students under the statewide transportation system established pursuant to R.I.G.L. 16-21.1-7 and 16-21.1-8 . Districts shall receive monthly invoices summarizing the basis of the transportation fees charged. Any such deductions in aid shall be transferred to the statewide student transportation services restricted receipt account.
10. The provisions of R.I.G.L. 16-26-7.1 notwithstanding, districts shall be assessed tuition to cover the costs of educational services that are additional to the core deaf and hard of hearing education program that is provided to resident students at the Rhode Island School for the Deaf. This tuition shall be based on a graduated tuition schedule that is based on the varying needs of students. The department of elementary and secondary education shall develop and implement the schedule. Districts shall receive monthly invoices summarizing the basis for the tuition charged. There shall be deducted from the final aid payment to each school district at the end of the fiscal year any amounts owed to the state for these additional educational services.
11. Children with disabilities.  (1) Based on its review of special education within the context of Rhode Island school reform, the general assembly recommends addressing the needs of all children and preventing disability through scientific research based, as described in the No Child Left Behind Act of 2001, Title 1, Part B, Section 1208 [20 U.S.C. § 6368], reading instruction and the development of Personal Literacy Programs for students in the early grades performing below grade level in reading and implement a system of student accountability that will enable the state to track individual students over time. Additionally, the department of elementary and secondary education must provide districts with rigorous criteria and procedures for identifying students with learning disabilities and speech/language impairments. Additional study is required of factors that influence programming for students with low incidence disabilities; those with disabilities that severely compromise life functions; and programming for students with disabilities through urban special education. Alternatives for funding special education require examination.

    (2) All departments and agencies of the state shall furnish any advice and information, documentary and otherwise, to the general assembly and its agents that is deemed necessary or desirable by the study to facilitate the purposes of this section.

12. For FY 2011, aid to school districts shall be reduced by the equivalent savings that are realized due to a reduction of payments to the teachers’ retirement system. The reduction for the Chariho regional school district shall be prorated among the member communities. For FY 2011, aid to school districts shall be further reduced by twenty million four hundred ninety thousand one hundred thirty-seven dollars ($20,490,137) from the FY 2010 originally enacted level based on the school district’s share of total FY 2010 originally enacted education aid, including aid to state schools and charter schools. For FY 2011, a distribution of federal stabilization funds made available through the American Recovery and Reinvestment Act (ARRA), in the amount of seventeen million four hundred thirty-one thousand nine hundred four dollars ($17,431,904), shall be allocated to school districts proportionately based on their share of total FY 2010 originally enacted education aid, including aid to state schools and charter schools.
13. There shall be an appropriation to ensure that total aid distributed to communities in FY 2011 under this section and §§ 16-7.1-11.1 , 16-64-1.1 and 16-77.1-2(b) , excluding any FY 2009 and FY 2010 Stabilization reappropriations, shall be as follows: Click to view In addition to the amounts listed above, the department of elementary and secondary education shall allocate monthly to each school district all funds received into the permanent school fund pursuant to § 42-61.2-7 , as amended by chapter 13 of the 2008 Public Laws entitled “An Act Relating to State Affairs and Government”, up to $14.1 million, in the same proportion as the aid distribution in the FY 2009 enacted appropriations act. This special provision shall not limit entitlements as determined by application of other formula provisions in this section.
14. For FY 2009 payments to charter public schools shall be reduced by the equivalent savings that are realized due to a reduction of payments to the teachers’ retirement system. The reduction for district sponsored charter schools shall be incorporated in the sponsoring school district’s aid as noted in subsection (g). Aid to charter public schools shall be reduced in the April quarterly payment. For FY 2009, charter public school funding is as follows:

    Beacon Charter School1,512,785

    Blackstone Academy1,469,349

    Compass614,485

    Paul Cuffee4,449,006

    CVS Highlander2,596,782

    International2,863,818

    Kingston Hill Academy736,784

    Learning Community3,669,529

    NE Laborer's1,508,866

    Textron2,361,370

    Times 2 Academy6,870,410

15. For FY 2011, payments to charter public schools shall be reduced by the equivalent savings that are realized due to a reduction of payments to the teachers’ retirement system. The reduction for district sponsored charter schools shall be incorporated in the sponsoring schools district’s aid as noted in subsection (g). For FY 2011, payments to charter public schools shall be further reduced by one million seventy-six thousand nine hundred forty-one dollars ($1,076,941) from the FY 2010 originally enacted education aid based on the charter schools’ share of total FY 2010 enacted education aid, including aid to school districts and state schools. For FY 2011, a distribution of federal stabilization funds made available through the American Recovery and Reinvestment Act (ARRA), in the amount of one million forty-eight thousand six hundred dollars ($1,048,600), shall be allocated to charter public schools proportionately based on their share of total FY 2010 originally enacted education aid, including aid to school districts and state schools.

FY 2010 Stimulus Fiscal Stabilization General Revenues Allocation Barrington 1,629,678 170,513 Burrillville 12,220,612 948,730 Charlestown 1,590,767 134,864 Coventry 16,912,980 1,365,674 Cranston 29,622,695 2,410,080 Cumberland 11,066,294 900,586 East Greenwich 1,321,451 129,312 East Providence 23,047,872 1,833,360 Foster 1,208,609 96,527 Glocester 2,754,277 219,128 Hopkinton 5,323,835 425,441 Jamestown 356,229 35,124 Johnston 8,971,463 730,358 Lincoln 5,884,774 499,702 Little Compton 267,222 24,622 Middletown 8,937,990 715,319 Narragansett 1,314,267 125,872 Newport 10,104,222 808,465 New Shoreham 50,323 6,826 North Kingstown 9,922,498 813,392 North Providence 11,311,934 911,004 North Smithfield 4,055,880 328,814 Pawtucket 58,731,451 4,584,707 Portsmouth 5,571,674 454,416 Providence 168,378,347 13,241,031 Richmond 5,300,144 422,147 Scituate 2,712,604 229,942 Smithfield 4,635,136 388,414 South Kingstown 8,575,177 714,097 Tiverton 4,923,363 402,699 Warwick 31,261,607 2,554,650 Westerly 5,319,551 460,458 West Warwick 17,635,159 1,395,236 Woonsocket 41,636,569 3,244,945 Bristol-Warren 17,675,687 1,395,455 Exeter-West Greenwich. 6,378,147 515,945 Chariho 359,704 27,370 Foster-Glocester 4,878,574 390,339 Central Falls 40,233,714 3,021,611

FY 2011 Stimulus Fiscal FY 2011 Stabilization General Revenues Allocation Barrington 1,712,863 64,829 Burrillville 12,736,916 312,396 Charlestown 1,661,061 47,203 Coventry 17,646,066 460,504 Cranston 30,913,084 816,662 Cumberland 11,548,713 304,926 East Greenwich 1,280,422 47,289 East Providence 23,918,627 613,330 Foster 1,260,670 32,351 Glocester 2,872,692 73,308 Hopkinton 5,553,441 142,447 Jamestown 373,817 13,029 Johnston 9,362,199 247,456 Lincoln 6,147,563 173,114 Little Compton 279,764 8,806 Middletown 9,323,001 239,745 Narragansett 1,377,507 46,177 Newport 10,540,392 271,661 New Shoreham 53,292 2,789 North Kingstown 10,356,579 276,550 North Providence 11,800,998 306,546 North Smithfield 4,231,887 110,796 Pawtucket 61,226,793 1,516,531 Portsmouth 5,828,378 154,719 Providence 175,422,098 4,405,942 Richmond 5,528,422 140,975 Scituate 2,833,854 79,668 Smithfield 4,765,663 133,614 South Kingstown 8,953,748 244,944 Tiverton 5,138,483 136,740 Warwick 32,626,231 867,483 Westerly 5,560,097 161,207 West Warwick 18,390,194 465,058 Woonsocket 43,284,016 1,072,017 Bristol-Warren 18,431,734 464,709 Exeter-West Greenwich. 6,534,833 174,116 Chariho 374,768 8,899 Foster-Glocester 5,089,030 130,915 Central Falls 39,893,956 971,688

History of Section. P.L. 1998, ch. 31, art. 31, § 3; P.L. 1999, ch. 31, art. 23, § 3; P.L. 2000, ch. 55, art. 20, § 1; P.L. 2001, ch. 77, art. 22, § 2; P.L. 2002, ch. 65, art. 18, § 1; P.L. 2003, ch. 376, art. 9, § 7; P.L. 2004, ch. 595, art. 23, § 2; P.L. 2005, ch. 117, art. 13, § 6; P.L. 2006, ch. 246, art. 19, § 2; P.L. 2007, ch. 73, art. 21, § 2; P.L. 2008, ch. 100, art. 38, § 1; P.L. 2008, ch. 151, § 1; P.L. 2008, ch. 182, § 1; P.L. 2009, ch. 5, art. 13, § 1; P.L. 2009, ch. 68, art. 3, § 1; P.L. 2010, ch. 23, art. 13, § 1; P.L. 2011, ch. 151, art. 5, § 1.

16-7.1-16. Targeted school aid.

1. In addition to those funds described in § 16-7.1-15 , 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 the programs and proposed expenditures shall be a part of the district’s strategic plan and/or annual updates required under § 16-7.1-2 .
2. The commissioner may require a school district to reserve up to five percent (5%) of its targeted aid for intervention remedies. These five percent (5%) set-aside funds shall only be spent with the prior approval of the commissioner of elementary and secondary education. 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 that the commission 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.
3. Districts may use targeted funds in new or expanded programs for:
   1. Early childhood education;
   2. Helping schools to improve instruction to meet high standards;
   3. Reducing class size at the elementary level;
   4. After school programming for middle schools, junior, and senior high schools in accordance with § 16-7.1-17 ;
   5. Establishing and implementing innovative organizations and methods of instruction at the middle, junior high, and/or high school levels;
   6. Child opportunity zones;
   7. Teacher mentoring;
   8. Curriculum revision to meet new standards;
   9. School and district intervention; or
   10. Other programs which the commissioner believes will result in increased student performance.

History of Section. P.L. 1998, ch. 31, art. 31, § 3; P.L. 2002, ch. 65, art. 18, § 1.

16-7.1-17. Urban after-school programs.

1. There is hereby established an after-school program for middle schools and junior and senior high schools to be administered by the department of elementary and secondary education.
2. Each district receiving targeted funds under this section must use a portion of these funds to establish programs as defined in this section 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 identified as “at risk” by the legislature in accordance with § 16-7.1-16 and which have an equity index below one. 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 that meet board of regents standards. The commissioner may require that districts that receive targeted funds establish these programs either district-wide or at an individual school within the district. Nothing contained in this section shall prevent the commissioner from interpreting middle or junior high school to mean middle or junior high school age.
3. The department of elementary and secondary education is 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 elementary and secondary education.

History of Section. P.L. 1998, ch. 31, art. 31, § 3; P.L. 1998, ch. 383, § 1.

16-7.1-18. Investment funds — Funding.

Funding of the investment funds enumerated in § 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 this title 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 used for the purposes required by the terms of §§ 16-7.1-6 , 16-7.1-8 , and 16-7.1-9 . The fund thus set aside and provided to school districts shall be restricted to be used for the purposes required by the terms of §§ 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 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 this title.

History of Section. P.L. 1999, ch. 31, art. 23, § 5; P.L. 1999, ch. 159, § 1; P.L. 1999, ch. 370, § 1; P.L. 2001, ch. 77, art. 22, § 2.

16-7.1-19. Vocational technical equity fund.

1. The general assembly recognizes the need to support the academic instruction component of vocational education for students enrolled in career and technical education programs. To accomplish this, the general assembly shall appropriate some sum per student for each student who attends a locally operated career and technical center based on the enrollments reported to the department of elementary and secondary education for the reference year as defined in § 16-7-16 . The sum shall be five hundred dollars ($500) per student. Funding under this section will be limited to those students enrolled in programs that are part of the career and technical education system as approved by the department of elementary and secondary education.
2. For fiscal year 2007, aid received pursuant to this section shall be equal to aid received in the fiscal year 2006 enacted by the 2005 general assembly.

History of Section. P.L. 2000, ch. 55, art. 20, § 2; P.L. 2001, ch. 77, art. 22, § 2; P.L. 2002, ch. 65, art. 18, § 1; P.L. 2003, ch. 376, art. 9, § 8; P.L. 2006, ch. 246, art. 19, § 9.

16-7.2-1. Legislative findings.

1. The general assembly recognizes the need for an equitable distribution of resources among the state’s school districts, property tax relief and a predicable method of distributing education aid. The general assembly finds that there is a need to reform the way public education is financed because:
   1. All children should have access to an adequate and meaningful education regardless of their residence or economic means;
   2. A school funding system should treat property taxpayers equably, limit the portion of school budgets financed by property taxes, and establish sufficient cost controls on school spending;
   3. The state should ensure that its school funding structure adequately reflects the different needs of students, and closes the educational inequities among the state’s school districts; and
   4. The state education funding system should provide a predicable amount and source of funding to ensure stability in the funding of schools.
2. The intent of this chapter is to promote a school finance system in Rhode Island that is predicated on student need and taxpayer ability to pay. A new school funding system in the state should promote educational equity for all students and reduce the reliance on the property tax to fund public education. This legislation is intended to ensure educational opportunity to each pupil in each city or town on substantially equal terms. Adequate per pupil support will be provided through a combination of state school aid and local education property tax levies.

History of Section. P.L. 2004, ch. 393, § 1; P.L. 2004, ch. 491, § 1.

16-7.2-2. Joint legislative committee to establish a permanent education foundation aid formula for Rhode Island.

1. There is hereby established a joint legislative committee to develop a basic foundation support program and an appropriate transition plan to fully implement a new funding system.

   The committee shall consist of ten (10) members, five (5) of which shall be appointed by the speaker of the house, one (1) of which shall be from the minority party, and five (5) members appointed by the president of the senate, one (1) of which shall be from the minority party. The speaker of the house and president of the senate shall each appoint a committee co-chair.

   The joint legislative committee is directed to consider the following framework in developing a new education foundation support program:

   1. A state education funding formula that is student population and needs driven. Student counts should include enrollments, students eligible for free and reduced lunch, those participating in language assistance programs, and special education. Provisions should be made for those school districts that experience declining enrollments.
   2. The accounting for “extraordinary special education expenditures” in special education spending for one child in a given fiscal year.
   3. A per pupil foundation amount to be used in the calculation of school funding. The per pupil foundation amount should be based on what the cost is to provide an equitable and adequate education, and consider various cost factors, such as pupil-teacher ratios, teacher and staff compensation, technology investments, educational supplies, teacher training and professional development, student performance assessments, curriculum offerings and support services and other costs associated with the delivery of educational services.
   4. Per pupil cost, based on a least cost option plan to provide purchase of service contracts in areas such as equipment, repair, benefits, transportation, general purchasing, capital construction, data processing and health and other insurance programs. In addition, the department of education should assist regional collaboratives in identifying opportunities to maximize multiple school district participation for “high cost” programs.
   5. Various methods of funding the system.
   6. A transition education funding plan.
2. The speaker of the house and president of the senate, in consultation with the committee co-chairs, are hereby directed to appoint a foundation aid technical advisory group, and a property tax relief technical advisory group.
3. The foundation aid technical advisory group shall advise and assist the committee in recommending foundation aid amounts by:
   1. Identifying specific resources and least cost options to provide every child the opportunity to necessary educational opportunities to meet education performance standards; and
   2. Systematically calculating the amount of per pupil funding necessary to support an effective and efficient educational system. The group may create task forces to consider the needs of special populations, comprehensive education programs, and noneducational support activities, composed of experts in these areas. In developing a foundation aid amount, the group shall consider, among other factors, pupil-teacher ratios, compensation, collective bargaining practices, technology investments, educational supplies, teacher training and professional development, student performance assessments, curriculum offerings and support services and all other costs and needs associated with the delivery of educational services.
4. The property tax relief technical advisory group shall advise and assist the committee in identifying the options and the impact of replacing existing local education property tax levies that support the funding of elementary and secondary education with other resources.
5. The joint committee shall issue a report outlining its findings and recommendations no later than May 15, 2007.

   All state agencies and departments shall be directed to cooperate with and provide all necessary information to the joint legislative committee.

History of Section. P.L. 2004, ch. 393, § 1; P.L. 2004, ch. 491, § 1; P.L. 2005, ch. 186, § 1; P.L. 2005, ch. 267, § 1; P.L. 2006, ch. 72, § 1; P.L. 2006, ch. 79, § 1; P.L. 2007, ch. 10, § 1; P.L. 2007, ch. 12, § 1.

16-7.2-3. Permanent foundation education aid established.

1. 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 subdivision (a)(1) and the amount to support high-need students in subdivision (a)(2), 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 multiplying a student success factor of forty percent (40%) by the core instruction per-pupil amount described in subdivision (a)(1) 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.”
2. 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.
3. In addition, the department shall report updated figures based on the average daily membership as of October 1 by December 1.
4. 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.
5. The department of elementary and secondary education shall promulgate such regulations as are necessary to implement fully the purposes of this chapter.

History of Section. P.L. 2010, ch. 124, § 4; P.L. 2010, ch. 125, § 4; P.L. 2016, ch. 142, art. 11, § 2; P.L. 2018, ch. 47, art. 9, § 2.

16-7.2-4. Determination of state’s share.

1. For each district, the state’s share of the foundation education aid calculated pursuant to § 16-7.2-3(a) shall use a calculation that considers a district’s revenue-generating capacity and concentration of high-need students. The calculation is the square root of the sum of the state-share ratio for the community calculation, pursuant to § 16-7-20 , squared plus the district’s percentage of students in grades PK-6 in poverty status squared, divided by two.
2. For purposes of determining the state’s share, school district student data used in this calculation shall include charter school and state school students. These ratios are used in the permanent foundation education aid formula calculation described in § 16-7.2-5 .

History of Section. P.L. 2010, ch. 124, § 4; P.L. 2010, ch. 125, § 4; P.L. 2013, ch. 501, § 23; P.L. 2016, ch. 142, art. 11, § 2.

16-7.2-5. Charter public schools, the William M. Davies, Jr. Career and Technical High School, and the Metropolitan Regional Career and Technical Center.

1. Charter public schools, as defined in chapter 77 of this title, the William M. Davies, Jr. Career and Technical High School (Davies), and the Metropolitan Regional Career and Technical Center (the Met Center) shall be funded pursuant to § 16-7.2-3 . If the October 1 actual enrollment data for any charter public school shows a ten percent (10%) or greater change from the prior year enrollment that is used as the reference year average daily membership, the last six (6) monthly payments to the charter public school will be adjusted to reflect actual enrollment. The state share of the permanent foundation education aid shall be paid by the state directly to the charter public schools, Davies, and the Met Center pursuant to § 16-7.2-9 and shall be calculated using the state-share ratio of the district of residence of the student as set forth in § 16-7.2-4 . The department of elementary and secondary education shall provide the general assembly with the calculation of the state share of permanent foundation education aid for charter public schools delineated by school district.
2. The local share of education funding shall be paid to the charter public school, Davies, and the Met Center by the district of residence of the student and shall be the local, per-pupil cost calculated by dividing the local appropriation to education from property taxes, net of debt service, and capital projects, as defined in the uniform chart of accounts by the average daily membership for each city and town, pursuant to § 16-7-22 , for the reference year.
3. Beginning in FY 2017, there shall be a reduction to the local per-pupil funding paid by the district of residence to charter public schools, Davies, and the Met Center. This reduction shall be equal to the greater (i) Of seven percent (7%) of the local, per-pupil funding of the district of residence pursuant to subsection (b) or (ii) The per-pupil value of the district’s costs for non-public textbooks, transportation for non-public students, retiree health benefits, out-of-district special-education tuition and transportation, services for students age eighteen (18) to twenty-one (21) years old, pre-school screening and intervention, and career and technical education, tuition and transportation costs, debt service and rental costs minus the average expenses incurred by charter schools for those same categories of expenses as reported in the uniform chart of accounts for the prior preceding fiscal year pursuant to § 16-7-16(11) and verified by the department of elementary and secondary education. In the case where audited financials result in a change in the calculation after the first tuition payment is made, the remaining payments shall be based on the most recent audited data. For those districts whose greater reduction occurs under the calculation of (ii), there shall be an additional reduction to payments to mayoral academies with teachers who do not participate in the state teacher’s retirement system under chapter 8 of title 36 equal to the per-pupil value of teacher retirement costs attributable to unfunded liability as calculated by the state’s actuary for the prior preceding fiscal year.
4. Local district payments to charter public schools, Davies, and the Met Center for each district’s students enrolled in these schools shall be made on a quarterly basis in July, October, January, and April; however, the first local-district payment shall be made by August 15, instead of July. Failure of the community to make the local-district payment for its student(s) enrolled in a charter public school, Davies, and/or the Met Center may result in the withholding of state education aid pursuant to § 16-7-31 .
5. Beginning in FY 2017, school districts with charter public school, Davies, and the Met Center enrollment, that, combined, comprise five percent (5%) or more of the average daily membership as defined in § 16-7-22 , shall receive additional aid for a period of three (3) years. Aid in FY 2017 shall be equal to the number of charter public school, open-enrollment schools, Davies, or the Met Center students as of the reference year as defined in § 16-7-16 times a per-pupil amount of one hundred seventy-five dollars ($175). Aid in FY 2018 shall be equal to the number of charter public school, open-enrollment schools, Davies, or the Met Center students as of the reference year as defined in § 16-7-16 times a per-pupil amount of one hundred dollars ($100). Aid in FY 2019 shall be equal to the number of charter public school, open-enrollment schools, Davies, or the Met Center students as of the reference year as defined in § 16-7-16 times a per-pupil amount of fifty dollars ($50.00). The additional aid shall be used to offset the adjusted fixed costs retained by the districts of residence.
6. School districts with charter public school, Davies, and the Met Center enrollment, that, combined, comprise five percent (5%) or more of the average daily membership as defined in § 16-7-22 , shall receive additional aid intended to help offset the impact of new and expanding charter schools. For FY 2022, aid shall be equal to the number of new students being served as determined by the difference between the reference year as defined in § 16-7-16 and FY 2019 times a per-pupil amount of five hundred dollars ($500). For FY 2023 and thereafter, aid shall be equal to the number of new students being served as determined by the difference between the reference year as defined in § 16-7-16 and the prior reference year times a per-pupil amount of five hundred dollars ($500). The additional aid shall be used to offset the adjusted fixed costs retained by the districts of residence.

History of Section. P.L. 2010, ch. 124, § 4; P.L. 2010, ch. 125, § 4; P.L. 2014, ch. 489, § 2; P.L. 2016, ch. 142, art. 11, § 2; P.L. 2017, ch. 451, § 7; P.L. 2021, ch. 162, art. 10, § 2, effective July 6, 2021.

16-7.2-6. Categorical programs, state funded expenses.

In addition to the foundation education aid provided pursuant to § 16-7.2-3 , the permanent foundation education-aid program shall provide direct state funding for:

1. Excess costs associated with special education students. Excess costs are defined when an individual special education student’s cost shall be deemed to be “extraordinary.” Extraordinary costs are those educational costs that exceed the state-approved threshold based on an amount above five times the core foundation amount (total of core-instruction amount plus student success amount). The department of elementary and secondary education shall prorate the funds available for distribution among those eligible school districts if the total approved costs for which school districts are seeking reimbursement exceed the amount of funding appropriated in any fiscal year; and the department of elementary and secondary education shall also collect data on those educational costs that exceed the state-approved threshold based on an amount above two (2), three (3), and four (4) times the core-foundation amount;
2. Career and technical education costs to help meet initial investment requirements needed to transform existing, or create new, comprehensive, career and technical education programs and career pathways in critical and emerging industries and to help offset the higher-than-average costs associated with facilities, equipment maintenance and repair, and supplies necessary for maintaining the quality of highly specialized programs that are a priority for the state. The department shall develop criteria for the purpose of allocating any and all career and technical education funds as may be determined by the general assembly on an annual basis. The department of elementary and secondary education shall prorate the funds available for distribution among those eligible school districts if the total approved costs for which school districts are seeking reimbursement exceed the amount of funding available in any fiscal year;
3. Programs to increase access to voluntary, free, high-quality pre-kindergarten programs. The department shall recommend criteria for the purpose of allocating any and all early childhood program funds as may be determined by the general assembly;
4. Central Falls, Davies, and the Met Center Stabilization Fund is established to ensure that appropriate funding is available to support their students. Additional support for Central Falls is needed due to concerns regarding the city’s capacity to meet the local share of education costs. This fund requires that education aid calculated pursuant to § 16-7.2-3 and funding for costs outside the permanent foundation education-aid formula, including, but not limited to, transportation, facility maintenance, and retiree health benefits shall be shared between the state and the city of Central Falls. The fund shall be annually reviewed to determine the amount of the state and city appropriation. The state’s share of this fund may be supported through a reallocation of current state appropriations to the Central Falls school district. At the end of the transition period defined in § 16-7.2-7 , the municipality will continue its contribution pursuant to § 16-7-24 . Additional support for the Davies and the Met Center is needed due to the costs associated with running a stand-alone high school offering both academic and career and technical coursework. The department shall recommend criteria for the purpose of allocating any and all stabilization funds as may be determined by the general assembly;
5. Excess costs associated with transporting students to out-of-district non-public schools. This fund will provide state funding for the costs associated with transporting students to out-of-district non-public schools, pursuant to chapter 21.1 of this title. The state will assume the costs of non-public out-of-district transportation for those districts participating in the statewide system. The department of elementary and secondary education shall prorate the funds available for distribution among those eligible school districts if the total approved costs for which school districts are seeking reimbursement exceed the amount of funding available in any fiscal year;
6. Excess costs associated with transporting students within regional school districts. This fund will provide direct state funding for the excess costs associated with transporting students within regional school districts, established pursuant to chapter 3 of this title. This fund requires that the state and regional school district share equally the student transportation costs net any federal sources of revenue for these expenditures. The department of elementary and secondary education shall prorate the funds available for distribution among those eligible school districts if the total approved costs for which school districts are seeking reimbursement exceed the amount of funding available in any fiscal year;
7. Public school districts that are regionalized shall be eligible for a regionalization bonus as set forth below:
   1. As used herein, the term “regionalized” shall be deemed to refer to a regional school district established under the provisions of chapter 3 of this title, including the Chariho Regional School district;
   2. For those districts that are regionalized as of July 1, 2010, the regionalization bonus shall commence in FY 2012. For those districts that regionalize after July 1, 2010, the regionalization bonus shall commence in the first fiscal year following the establishment of a regionalized school district as set forth in chapter 3 of this title, including the Chariho Regional School District;
   3. The regionalization bonus in the first fiscal year shall be two percent (2.0%) of the state’s share of the foundation education aid for the regionalized district as calculated pursuant to §§ 16-7.2-3 and 16-7.2-4 in that fiscal year;
   4. The regionalization bonus in the second fiscal year shall be one percent (1.0%) of the state’s share of the foundation education aid for the regionalized district as calculated pursuant to §§ 16-7.2-3 and 16-7.2-4 in that fiscal year;
   5. The regionalization bonus shall cease in the third fiscal year;
   6. The regionalization bonus for the Chariho regional school district shall be applied to the state share of the permanent foundation education aid for the member towns; and
   7. The department of elementary and secondary education shall prorate the funds available for distribution among those eligible regionalized school districts if the total, approved costs for which regionalized school districts are seeking a regionalization bonus exceed the amount of funding appropriated in any fiscal year;
8. Additional state support for English learners (EL). The amount to support EL students shall be determined by multiplying an EL factor of ten percent (10%) by the core-instruction per-pupil amount defined in § 16-7.2-3(a)(1) and applying that amount of additional state support to EL students identified using widely adopted, independent standards and assessments identified by the commissioner. All categorical funds distributed pursuant to this subsection must be used to provide high-quality, research-based services to EL students and managed in accordance with requirements set forth by the commissioner of elementary and secondary education. The department of elementary and secondary education shall collect performance reports from districts and approve the use of funds prior to expenditure. The department of elementary and secondary education shall ensure the funds are aligned to activities that are innovative and expansive and not utilized for activities the district is currently funding. The department of elementary and secondary education shall prorate the funds available for distribution among eligible recipients if the total calculated costs exceed the amount of funding available in any fiscal year;
9. State support for school resource officers. For purposes of this subsection, a school resource officer (SRO) shall be defined as a career law enforcement officer with sworn authority who is deployed by an employing police department or agency in a community-oriented policing assignment to work in collaboration with one or more schools. School resource officers should have completed at least forty (40) hours of specialized training in school policing, administered by an accredited agency, before being assigned. Beginning in FY 2019, for a period of three (3) years, school districts or municipalities that choose to employ school resource officers shall receive direct state support for costs associated with employing such officers at public middle and high schools. Districts or municipalities shall be reimbursed an amount equal to one-half (1/2) of the cost of salaries and benefits for the qualifying positions. Funding will be provided for school resource officer positions established on or after July 1, 2018, provided that:
   1. Each school resource officer shall be assigned to one school:
      1. Schools with enrollments below one thousand twelve hundred (1,200) students shall require one school resource officer;
      2. Schools with enrollments of one thousand twelve hundred (1,200) or more students shall require two school resource officers;
   2. School resource officers hired in excess of the requirement noted above shall not be eligible for reimbursement; and
   3. Schools that eliminate existing school resource officer positions and create new positions under this provision shall not be eligible for reimbursement; and
10. Categorical programs defined in subsections (a) through (g) shall be funded pursuant to the transition plan in § 16-7.2-7 .

History of Section. P.L. 2010, ch. 124, § 4; P.L. 2010, ch. 125, § 4; P.L. 2012, ch. 241, art. 12, § 4; P.L. 2016, ch. 142, art. 11, § 2; P.L. 2017, ch. 302, art. 12, § 1; P.L. 2018, ch. 47, art. 9, § 2.

16-7.2-7. Transition plan.

1. The general assembly shall annually determine the appropriation of education aid pursuant to this chapter using a transition plan to begin in fiscal year 2012, not to exceed seven (7) years for LEA’s for whom the calculated education aid pursuant to § 16-7.2-3 is more than the education aid the LEA is receiving as of the effective date of the formula, and ten (10) years for LEA’s for whom the calculated education aid pursuant to § 16-7.2-3 is less than the education aid the LEA is receiving as of the effective date of the formula.
2. The local share of funding pursuant to § 16-7.2-5 shall be transitioned proportionately over a period not to exceed five (5) years. The transition shall provide a combination of direct aid to districts, funds for the categorical programs, and district savings through state-assumed costs, as determined by the general assembly on an annual basis. Updates to any components of the permanent foundation education aid formula, such as student data, property values, and/or median family income, that result in an increase or decrease in state education aid that impacts the total state and local contribution by more than three percent (3%) shall be transitioned over a period of time not to exceed three (3) years.
3. For districts that are converting from a half-day to a full-day kindergarten program for the 2014-2015 school year and after, as defined by § 16-99-4 , the increase in aid provided pursuant to the formula for the increased reference average daily membership due to the conversion of the kindergarten students from 0.5 full-time equivalent to 1.0 full-time equivalent is not subject to the transition plan in subsection (a); instead, the increased kindergarten full-time equivalents will be funded at the fully transitioned value of the formula beginning in FY 2017.

History of Section. P.L. 2010, ch. 124, § 4; P.L. 2010, ch. 125, § 4; P.L. 2013, ch. 501, § 23; P.L. 2014, ch. 431, § 2; P.L. 2014, ch. 456, § 2.

16-7.2-8. Accountability.

1. Pursuant to §§ 16-7.1-3 and 16-7.1-5 , the department of elementary and secondary education (the “department”) shall use the uniform chart of accounts to maintain fiscal accountability for education expenditures that comply with applicable laws and regulations including, but not limited to, the basic education program. This data shall be used to develop criteria, priorities, and benchmarks specific to each local education agency (LEA) to improve cost controls, efficiencies, and program effectiveness. The department shall present LEA-specific information to the LEA to which it applies, and provide a summary of all LEA reports to the governor and the general assembly annually, beginning on August 1, 2022.
2. The department of elementary and secondary education shall establish and/or implement program standards to be used in the oversight of the use of foundation aid calculated pursuant to § 16-7.2-3 . Such oversight will be carried out in accordance with the progressive support and intervention protocols established in chapter 7.1 of this title.

History of Section. P.L. 2010, ch. 124, § 4; P.L. 2010, ch. 125, § 4; P.L. 2021, ch. 162, art. 10, § 2, effective July 6, 2021.

16-7.2-9. Applicability.

This chapter applies to education aid for any city, town or regional school district including the Central Falls state operated school district, charter schools, the William M. Davies, Jr. Career and Technical High School, and the Metropolitan Regional Career and Technical Center. Calculation and distribution of aid under §§ 16-7-20.5 , 16-7.1-6 , 16-7.1-8 , 16-7.1-9 , 16-7.1-10 , 16-7.1-11 , 16-7.1-11.1 , 16-7.1-12 , 16-7.1-15 , 16-7.1-16 , 16-7.1-17 , 16-7.1-18 , 16-7.1-19 , 16-67-4 , and 16-77.1-2 is hereby suspended effective July 1, 2011, until further action by the general assembly. Aid under this chapter will be paid pursuant to § 16-7-17 , except that aid to the Central Falls state operated school district and charter schools, Davies, and the Met Center pursuant to § 16-7.2-5 shall be paid in twelve (12) equal installments on the first of each month.

History of Section. P.L. 2010, ch. 124, § 4; P.L. 2010, ch. 125, § 4.

16-7.2-10. Reporting to the General Assembly.

On or before November 15, 2010, the department of education shall report to the senate president, speaker of the house, and chairs of the Senate and House Finance Committees on the following: (a) The identification and evaluative impact of alternative mechanisms to update or supplement the median family income factor relied upon in the EWAV variable utilized in the permanent education aid formula in accordance with this section; (b) An analysis of the feasibility, alternative financing mechanisms, and impact of the Central Falls Stabilization Fund pursuant to this section; and, (c) a multi-year analysis of the impact of the financing of charter schools and vocational schools, pursuant to this section, on local school districts.

History of Section. P.L. 2010, ch. 124, § 4; P.L. 2010, ch. 125, § 4.

16-8-1. State board for vocational education.

The board of regents for elementary and secondary education is constituted and designated as the state board for vocational education to cooperate with the federal office of education and veterans administration, or their successors, in the administration of any act of congress relating to vocational education and rehabilitation in agriculture, distributive occupations, household arts, trades, and industries, or to disabled veterans and other persons, and to secure for the state the benefits of that cooperation.

History of Section. P.L. 1951, ch. 2752, § 11; G.L. 1956, § 16-8-1 .

16-8-2. Acceptance and administration of the Smith-Hughes Vocational Education Act for vocational education.

The state of Rhode Island having accepted the provisions of an act passed by the senate and house of representatives of the United States in congress assembled, entitled “An act to provide for the promotion of vocational education; to provide for co-operation with the states in the promotion of such education in agriculture and the trades and industries; to provide for co-operation with the states in the preparation of teachers of vocational subjects; and to appropriate money, and regulate its expenditure,” approved February 23, 1917, designates the general treasurer as custodian for vocational education funds as required by that act of congress. The general treasurer shall receive and provide for the proper custody of money paid to the state from the federal treasury under the provisions of the act of congress, and shall disburse the money upon orders drawn by the state controller upon requisitions of the department of elementary and secondary education. The state board for vocational education shall have and shall exercise all the powers necessary to cooperate on behalf of the state with the federal office of education in the administration of the provisions of the act of congress.

History of Section. P.L. 1918, ch. 1622, § 1; G.L. 1923, ch. 68, § 6; G.L. 1938, ch. 193, § 5; impl. am. P.L. 1939, ch. 660, § 65; P.L. 1951, ch. 2752, § 12; impl. am. P.L. 1951, ch. 2752, § 21; G.L. 1956, § 16-8-2 .

16-8-3. Acceptance and administration of the Vocational Education Act of 1946.

The state of Rhode Island accepts the provisions of an act passed by the senate and house of representatives of the United States in congress assembled, entitled “An act to amend the act of June 8, 1936, relating to vocational education, so as to provide for the further development of vocational education in the states and territories” approved August 1, 1946, and designates the general treasurer as custodian for vocational education funds as required by the act of congress. The general treasurer shall receive and provide for the proper custody of money paid to the state from the general treasury under the provisions of the act of congress and shall disburse the money upon orders drawn by the state controller upon requisitions of the state board of vocational education. The state board for vocational education shall have and shall exercise all powers necessary to cooperate, on behalf of the state, with the federal office of education in the administration of the provisions of the act of congress.

History of Section. G.L. 1938, ch. 193, § 6; P.L. 1948, ch. 2104, § 2; G.L. 1956, § 16-8-3 .

16-8-4 — 16-8-6. Repealed.

History of Section. P.L. 1952, ch. 2959, §§ 1-3; G.L. 1956, §§ 16-8-4 — 16-8-6; Repealed by P.L. 2001, ch. 86, § 34, effective July 6, 2001.

16-8-7. School lunch programs — Definitions.

For the purposes of §§ 16-8-7 to 16-8-13 :

1. “School” is construed to mean any educational institution operated on a nonprofit basis, having a graded course of instruction with prescribed standards for the completion of each grade, with compulsory class attendance, and records of class work regularly maintained.
2. “School board” includes city or town school committees or any person or group responsible for the operation of a private or a parochial school.

History of Section. P.L. 1947, ch. 1979, § 1; G.L. 1956, § 16-8-7 .

16-8-8. Acceptance and use of federal school lunch funds.

The department of elementary and secondary education is authorized to accept and direct the disbursement of funds appropriated by any act of congress and apportioned to the state in connection with the establishment and maintenance of school lunch programs. The department of elementary and secondary education shall deposit all funds received from the federal government with the general treasurer, to be placed in a special account, and drawn upon only on receipt of properly authenticated vouchers signed by the department of elementary and secondary education.

History of Section. P.L. 1947, ch. 1979, § 2; impl. am. P.L. 1951, ch. 2752, § 21; G.L. 1956, § 16-8-8 .

16-8-9. Administration of program.

The department of elementary and secondary education may enter into any agreements, with any agency of the federal government, with any school board, or with any other agency or person, prescribe any regulations, employ any personnel, and take any action, that it may deem necessary to provide for the establishment, maintenance, operation, and expansion of any school lunch program, and to direct the disbursement of federal and state funds in accordance with existing provisions of the federal and state laws. The department of elementary and secondary education may give technical advice and assistance to any school board in connection with the establishment and operation of any school lunch program and may assist in training personnel engaged in the operation of these programs. The department of elementary and secondary education may accept any gift for use in connection with any school lunch program.

History of Section. P.L. 1947, ch. 1979, § 3; G.L. 1956, § 16-8-9 .

16-8-10. Mandatory school lunch programs.

All public elementary and secondary schools shall be required to make type A lunches available to students attending those schools in accordance with rules and regulations adopted from time to time by the department of elementary and secondary education. To the extent that federal, state, and other funds are available, free and reduced price type A lunches shall be provided to all students from families that meet the current specific criteria established by federal and state regulations. The requirement that type A lunches be provided shall apply to locally managed school lunch programs, and school lunch programs administered directly by the department of elementary and secondary education or by any other public agency whether using school facilities or a commercial catering service. The department of elementary and secondary education is further authorized to expand the school lunch program to the extent that federal, state, and/or local funds are available by the utilization of one or more food preparation centers for delivery to participating schools for the purpose of providing meals to students on a more economical basis than could be provided by a community acting individually.

History of Section. P.L. 1947, ch. 1979, § 4; G.L. 1956, § 16-8-10 ; P.L. 1972, ch. 140, § 1; P.L. 1988, ch. 84, § 45.

16-8-10.1. Mandatory school breakfast programs.

1. All public schools shall make a breakfast program available to students attending the school. The breakfast meal shall meet any rules and regulations that are adopted by the commissioner.
2. The state of Rhode Island shall provide school districts a per breakfast subsidy for each breakfast served to students. The general assembly shall annually appropriate some sum and distribute it based on each district’s proportion of the number of breakfasts served in the prior school year relative to the statewide total in the same year. This subsidy shall augment the nonprofit school food service account and be used for expenses incurred in providing nutritious breakfast meals to students.

History of Section. P.L. 1998, ch. 31, art. 31, § 5; P.L. 1999, ch. 31, art. 23, § 4; P.L. 1999, ch. 219, § 1; P.L. 2000, ch. 55, art. 20, § 3; P.L. 2000, ch. 206, § 1; P.L. 2003, ch. 376, art. 9, § 13; P.L. 2005, ch. 117, art. 13, § 7.

16-8-10.2. Mandatory contract terms.

No school board or school receiving aid under this chapter for school lunch programs shall negotiate, extend, or renew any school lunch service contract unless the contract provides for payments to school-lunch workers and aides for one hundred and eighty (180) days or the length of the contract for the school year, whichever is longer.

History of Section. P.L. 2022, ch. 160, § 1, effective June 27, 2022; P.L. 2022, ch. 159, § 1, effective June 27, 2022.

16-8-11. Program accounts — Reports — Audits — Inspections.

The department of elementary and secondary education shall prescribe regulations for the keeping of accounts and records and the making of reports by or under the supervision of school boards. These accounts and records shall be available for inspection and audit by authorized agents of the federal government or by the department of elementary and secondary education or its duly authorized agents. The department of elementary and secondary education shall conduct or cause to be conducted any audits, inspections, and administrative reviews of accounts, records, and operations with respect to school lunch programs that may be considered necessary to determine whether its agreements with school boards and regulations pursuant to §§ 16-8-7 to 16-8-13 are being complied with, and to ensure that school lunch programs are effectively administered.

History of Section. P.L. 1947, ch. 1979, § 5; impl. am. P.L. 1951, ch. 2752, § 21; G.L. 1956, § 16-8-11 .

16-8-12. Studies and appraisals of lunch programs.

The department of elementary and secondary education is authorized, to the extent that funds are available for these purposes, and in cooperation with local school boards and other appropriate organizations, to conduct studies as to methods of improving and expanding school lunch programs and promoting nutritional education in the schools, to conduct appraisals of the nutritive benefits of school lunch programs, and to report its findings from time to time to the governor.

History of Section. P.L. 1947, ch. 1979, § 6; G.L. 1956, § 16-8-12 .

16-8-13. Annual school lunch appropriations.

The general assembly shall annually appropriate some sum that it may deem necessary to carry out the purposes of §§ 16-8-7 to 16-8-12 ; and the state controller is authorized and directed to draw his or her orders upon the general treasurer for the payment of that sum or so much of it as may be required from time to time, upon receipt by the controller of vouchers approved by the department of elementary and secondary education.

History of Section. P.L. 1947, ch. 1979, § 7; impl. am. P.L. 1951, ch. 2752, § 21; G.L. 1956, § 16-8-13 .

16-8-14. Federal aid funds — Custody — Disbursement.

Unless otherwise specifically provided by law, any and all money received or that may be received by the state for the use or benefit of the state or any city or town for educational purposes from appropriations made by virtue of or under any act or acts of the congress of the United States shall be received by the general treasurer who shall provide for the proper custody of the money. The state controller is authorized and directed to draw his or her orders upon the general treasurer for the disbursement of the money or any part of it, upon receipt by the controller of properly authenticated vouchers approved by the department of elementary and secondary education.

History of Section. P.L. 1949, ch. 2311, § 1; impl. am. P.L. 1951, ch. 2752, § 21; G.L. 1956, § 16-8-14 .

16-8-15. Education Jobs Fund.

For FY 2012 only, state general revenue appropriations to all local education agencies — including school districts, charter schools, and state schools — shall be reduced by the amount allocated to each local education agency under the terms of the federal Education Jobs Fund program.

History of Section. P.L. 2011, ch. 151, art. 5, § 2.

16-9-1. Receipt and payment of school funds by town treasurer.

The town treasurer shall receive the money due the town from the state for public schools, and shall keep a separate accounting of all money appropriated by the state or town or otherwise for public schools in the town, and shall pay the money to the order of the school committee; provided, however, that school expenditures, encumbrances, and accruals shall not, in any fiscal year, exceed the total revenue appropriated for public schools in the town. Should the town treasurer, finance director, or other charter officer charged with general responsibility for town finances, or the school financial officer, estimate that actual public school expenditures, encumbrances, and accruals may exceed the total revenue appropriated for the expenditures in any fiscal year, the school committee, the superintendent of schools, and the chief elected officials of the town shall be notified. Purchase orders or financial commitments shall not be authorized even on the order of the school committee unless it can be proven that there will not be an excess of expenditures, encumbrances, and accruals over revenues. Nothing contained in this section shall be construed to prohibit a school committee from negotiating and contracting with school employees and teachers for services to be rendered in the ensuing fiscal years pursuant to chapters 9.3 and 9.4 of title 28.

History of Section. G.L. 1896, ch. 54, § 9; G.L. 1909, ch. 66, § 11; G.L. 1923, ch. 69, § 5; G.L. 1938, ch. 179, § 5; impl. am. Const. Amend., art. 27; G.L. 1956, § 16-9-1 ; P.L. 1980, ch. 152, § 4; P.L. 1981, ch. 397, § 2.

16-9-2. Annual statement — Contents.

The town treasurer shall, before the tenth (10th) day of July in each year, submit to the school committee a statement of all money applicable to the support of public schools for the current school year, specifying the sources of the money.

History of Section. G.L. 1896, ch. 54, § 10; G.L. 1909, ch. 66, § 12; P.L. 1922, ch. 2234, § 10; G.L. 1923, ch. 69, § 6; G.L. 1938, ch. 179, § 6; G.L. 1956, § 16-9-2 .

16-9-3. Repealed.

History of Section. G.L. 1896, ch. 54, § 11; G.L. 1909, ch. 66, § 13; P.L. 1922, ch. 2234, § 10; G.L. 1923, ch. 69, § 7; G.L. 1938, ch. 179, § 7; impl. am. P.L. 1952, ch. 2752, § 21; G.L. 1956, § 16-9-3 ; Repealed by P.L. 1987, ch. 152, § 1, effective June 23, 1987.

16-9-4. Town providing for schoolhouses.

Any town may vote, in a meeting notified for that purpose, to provide schoolhouses, together with the necessary fixtures and appendages.

History of Section. G.L. 1896, ch. 54, § 3; G.L. 1909, ch. 66, § 2; G.L. 1923, ch. 69, § 2; G.L. 1938, ch. 179, § 2; G.L. 1956, § 16-9-4 .

16-9-4.1. New school construction — Regulations for technology requirements.

1. The department of elementary and secondary education is instructed to develop regulations to ensure that any city, town, or district which undertakes “new school construction” as defined in this section provides in the planning for necessary wiring which is consistent with current standards for computer networking technology in schools.
2. The sponsor of any new school construction project or any school project involving the leasing of any portion of an existing building for use as a school shall also comply with the requirements for schools set forth in § 23-19.14-4 .
3. For the purposes of this section, “new school construction” means:
   1. Any new school buildings.
   2. Additions of any new classrooms to existing school buildings.

History of Section. P.L. 1998, ch. 129, § 1; P.L. 2012, ch. 163, § 2; P.L. 2012, ch. 179, § 2.

16-9-5. Power of city or town to condemn for school purposes — Maximum acreage.

Any city or town from time to time may take lands within the city or town, improved or unimproved, for the location of schoolhouses, the enlargement of schoolhouse lots, and for school purposes, provided that the amount of the land at any one taking shall not exceed fifteen (15) acres; except that:

1. The town of Foster may at any one taking take lands for these purposes in an amount not exceeding ten (10) acres;
2. The city of Warwick may at any one taking take lands for these purposes in an amount not exceeding fifteen (15) acres, provided, however, that before the city of Warwick may take more than five (5) acres for this purpose, it shall hold a public hearing;
3. The town of Narragansett may at any one taking take lands for these purposes in an amount not exceeding twelve (12) acres, provided, however, that before the town of Narragansett may take more than five (5) acres for this purpose, it shall hold a public hearing;
4. The town of Jamestown may at any one taking take lands for these purposes in an amount not exceeding twenty-five (25) acres;
5. The city of Cranston may at one taking take lands for these purposes in an amount not exceeding twenty-five (25) acres.

History of Section. P.L. 1906, ch. 1306, § 1; G.L. 1909, ch. 75, § 1; G.L. 1923, ch. 82, § 1; G.L. 1938, ch. 343, § 1; P.L. 1949, ch. 2312, § 1; G.L. 1956, § 16-9-5 ; P.L. 1970, ch. 315, § 1; P.L. 1986, ch. 39, § 1; P.L. 1988, ch. 36, § 1; P.L. 1989, ch. 356, § 1; P.L. 1999, ch. 348, § 1; P.L. 1999, ch. 431, § 1; P.L. 2001, ch. 86, § 35.

16-9-6. Filing of description of land taken — Notice to owners — Payment of agreed price.

If any town has already passed or shall pass a vote to erect a schoolhouse or to enlarge a schoolhouse lot, and the school committee shall fix upon a location for the schoolhouse in the town or shall determine that a school lot ought to be enlarged, the school committee of the town shall, within six (6) months from the date of the passage of a resolution by the school committee to take any land for these purposes, file in the records of land evidence for the town a description of the land, and also a plat of the land, and a statement that the land is taken pursuant to the provisions of §§ 16-9-5 to 16-9-8 , which description and statement shall be signed by the chairperson or president of the school committee, and upon the filing of the description, statement, and plat, the title in fee simple of the land shall vest in the town. After the filing of the description, statement, and plat, notice of the taking of the land shall be served upon the owners of and persons having an estate in and interested in the land by the town sergeant of the town leaving a true and attested copy of the description and statement with each of the persons personally, or at their last and usual place of abode in this state with some person living there, and, in case any persons are absent from this state and have no last and usual place of abode in this state occupied by any person, or in case the whereabouts of any persons are unknown to the town sergeant, the copy shall be left with the persons, if any, in charge of or having possession of the land taken of the absent person and persons whose whereabouts are unknown, and another copy of the description and statement shall be mailed to the address of the absent persons if they are known to the officer. After the filing of the description and statement, the town clerk of the town shall cause a copy of the description and statement to be published in some newspaper published in the county in which the town is located at least twice a week for three (3) successive weeks. If any party shall agree with the school committee for the price of the land so taken, the agreed price shall immediately be paid to that party by the town.

History of Section. P.L. 1906, ch. 1306, § 2; G.L. 1909, ch. 75, § 2; G.L. 1923, ch. 82, § 2; G.L. 1938, ch. 343, § 2; G.L. 1956, § 16-9-6 .

16-9-7. Assessment of land value by jury — Petition of owner.

Any owner of or person entitled to any estate in or interested in any part of the land so taken, who cannot agree with the school committee for the price of the land so taken in which he or she is interested, may, within three (3) months after personal notice of the taking, or, if he or she have no personal notice, may, within one year from the filing of the description, statement, and plat referred to in § 16-9-6 , apply by petition to the superior court held for the county where the land is located, setting forth the taking of his or her land and praying for an assessment of damages by a jury. Upon the filing of the petition the court shall cause twenty (20) days’ notice of the pendency of the petition to be given to the town by serving the town treasurer of the town with a certified copy of the petition, and may proceed after the notice to the trial; and the trial shall determine all questions of fact relating to the value of the land and the amount; and shall be conducted in every respect as other civil cases are tried, including the right to except to rulings and apply for new trial for cause. In case of conflicting claims to the land by any two (2) or more petitioners, the court may set down the petitions of the petitioners for trial at the same time by the same jury, and may frame all necessary issues for the trial.

History of Section. P.L. 1906, ch. 1306, § 3; G.L. 1909, ch. 75, § 3; G.L. 1923, ch. 82, § 3; G.L. 1938, ch. 343, § 3; G.L. 1956, § 16-9-7 .

16-9-8. Late filing of petition by landowner not receiving personal notice.

In case any owner of or person having an estate in or interested in the land shall fail to receive personal notice of the taking of the land, and shall fail to file his or her petition as provided in § 16-9-7 , the court in its discretion may permit the filing of the petition subsequent to the period of one year from the filing of the description and statement; provided, the person shall have had no actual knowledge of the taking of the land in season to file the petition; and provided, the town, after the filing of the description and statement, shall not have paid any other persons claiming to own the land the price or value of the land, or be liable to pay for the land under any judgment rendered against the town under the provisions of §§ 16-9-5 to 16-9-8 .

History of Section. P.L. 1906, ch. 1306, § 4; G.L. 1909, ch. 75, § 4; G.L. 1923, ch. 82, § 4; G.L. 1938, ch. 343, § 4; G.L. 1956, § 16-9-8 .

16-9-9. Purchase of flags and staffs for school buildings.

The school committees of the several towns of the state shall, in the same manner as now provided by law for the purchase of supplies for public schools by the committees, purchase for every school in their respective towns not now provided with a United States flag, flag staff, and the necessary appliances for the flag; and thereafter whenever the flag, flag staff, or the necessary appliances for the flag of any school shall from any cause become unsuitable for further use, the school committee shall in the same manner purchase others in place thereof.

History of Section. P.L. 1901, ch. 818, § 1; G.L. 1909, ch. 67, § 14; G.L. 1923, ch. 70, § 27; G.L. 1938, ch. 178, § 27; G.L. 1956, § 16-9-9 .

16-9-10. Display of flags.

The school committees of the several towns shall cause the United States flag to be displayed upon the public school buildings or premises during school hours if in their best judgment it is practicable, otherwise at any times that they may direct, and the committees shall also establish rules and regulations for the proper care, custody, and display of the flag; and when for any cause it is not displayed, it shall be placed conspicuously in the principal room of the school building.

History of Section. P.L. 1906, ch. 818, § 2; G.L. 1909, ch. 67, § 15; G.L. 1923, ch. 70, § 28; G.L. 1938, ch. 178, § 28; G.L. 1956, § 16-9-10 .

16-10-1 — 16-10-5. Repealed.

History of Section. P.L. 1898, ch. 544, §§ 1, 5, 7, 8; P.L. 1900, ch. 743, § 1; G.L. 1909, ch. 74, §§ 1, 4, 6, 7; P.L. 1915, ch. 1235, § 1; P.L. 1922, ch. 2234, § 17; G.L. 1923, ch. 81, §§ 1, 4, 6, 7; P.L. 1936, ch. 2375, § 3; G.L. 1938, ch. 197, §§ 1, 4, 6, 7; G.L. 1938, ch. 197, § 12; P.L. 1939, ch. 690, § 1; impl. am. P.L. 1951, ch. 2752, § 21; G.L. 1956, §§ 16-10-1 — 16-10-5; Repealed by P.L. 1960, ch. 27, § 12, and P.L. 1980, ch. 395, § 1.

16-11-1. Certification of public school teachers required — Deductions from state aid for noncompliance.

No person shall be employed to teach, as principal or assistant, in any school supported wholly or in part by public money unless the person shall have a certificate of qualification issued by or under the authority of the board of regents for elementary and secondary education. Provided, however, that any person who is employed as a part time speech and language pathologist at the Rhode Island School for the Deaf, for a period of not less than ten (10) years prior to July 11, 1990, shall not be required to have a certificate of qualification, and shall be exempt from the provisions of this section which require the certificate. In case any city or town shall pay or cause to be paid any of the public money to any person for teaching who did not, at the time of teaching, hold a certificate, then the department of elementary and secondary education shall deduct a sum equal to the amount so paid from the amount of the state’s money due, or which may thereafter become due, to the city or town, before giving his or her order in favor of the city or town for any of the public money under the provisions of §§ 16-1-10 , 16-1-11 , and 16-5-22 .

History of Section. P.L. 1898, ch. 544, § 9; P.L. 1903, ch. 1114, § 1; G.L. 1909, ch. 68, § 1; G.L. 1923, ch. 71, § 1; G.L. 1938, ch. 180, § 1; impl. am. P.L. 1951, ch. 2752, § 21; G.L. 1956, § 16-11-1 ; P.L. 1988, ch. 84, § 46; P.L. 1990, ch. 326, § 2.

16-11-2. Examinations — Issuance of certificates.

The board of regents for elementary and secondary education shall hold, or cause to be held, in any places in different parts of the state and at any times it may determine, examinations for the position of teacher in the public schools of this state; and the board of regents for elementary and secondary education is authorized to issue certificates of qualification which shall be valid throughout the state for the grade and time specified in the certificate. All assessed fees shall be deposited as general revenues.

History of Section. P.L. 1898, ch. 544, § 10; G.L. 1909, ch. 68, § 2; G.L. 1923, ch. 71, § 2; G.L. 1938, ch. 180, § 2; impl. am. P.L. 1951, ch. 2752, § 21; G.L. 1956, § 16-11-2 ; P.L. 1995, ch. 370, art. 40, § 44.

16-11-2.1, 16-11-2.2. Repealed.

History of Section. P.L. 1987, ch. 385, § 2; P.L. 1988, ch. 84, § 46; Repealed by P.L. 1996, ch. 404, § 13, effective August 9, 1996.

16-11-2.3. Standardized testing — Issuance of certificates.

1. No person who obtained an initial certificate prior to January 8, 2002 shall be barred from certification under this chapter solely because of his or her score on any standardized teacher’s examination; provided, however, that he or she successfully completes an assessment, based on criteria established by the board of regents for elementary and secondary education, in accordance with 34 CFR § 200.56.
2. The board of regents for elementary and secondary education may administer a written examination to prospective teachers seeking certification.

History of Section. P.L. 1991, ch. 352, § 1; P.L. 2003, ch. 165, § 1.

16-11-3. Certificates without examination.

The board of regents for elementary and secondary education may, in its discretion, issue certificates of qualification without examination to persons who may present evidence of qualification and shall comply with the regulations of the board. Provided, that any teacher who is certified in two (2) fields or subjects of science, other than general science, shall also be automatically certified in the field or subject of general science without the need for examination or other proof of qualifications in the subject of general science.

History of Section. P.L. 1898, ch. 544, § 12; G.L. 1909, ch. 68, § 3; G.L. 1923, ch. 71, § 3; G.L. 1938, ch. 180, § 3; impl. am. P.L. 1951, ch. 2752, § 21; G.L. 1956, § 16-11-3 ; P.L. 1980, ch. 379, § 1.

16-11-4. Annulment of certificates — Annulment, renewal, or recertification of certificates.

1. The commissioner of elementary and secondary education shall promulgate rules and regulations under which a certificate may be annulled for cause. The holder shall be entitled to notice and a hearing before the commissioner of elementary and secondary education prior to the annulment of the certificate. The holder shall have an opportunity to appeal the decision of the commissioner to the council on elementary and secondary education, if desired.
2. In the event the license of any person licensed pursuant to the provisions of this chapter is subject to renewal or recertification, for any reason, including, but not limited to, the payment of licensing fees, the department of elementary and secondary education shall send notice to such person of the need for such renewal or recertification, by electronic mail or e-mail. Said notice shall be issued at least ninety (90) calendar days prior to the proposed action. Such notice shall include:
   1. The action proposed by the department;
   2. The date such action proposed is to be taken; and
   3. A statement as to what actions the person needs to perform to retain the license, if applicable.
3. The notice required by subsection (b) of this section shall be in addition to, and not in place of, any other notice required by law.

History of Section. P.L. 1984, ch. 94, § 2; P.L. 1984, ch. 115, § 2; P.L. 2015, ch. 139, § 1; P.L. 2015, ch. 152, § 1; P.L. 2016, ch. 511, art. 1, § 7.

16-11-5. Interstate agreement.

The interstate agreement on qualification of education personnel is enacted into law and entered into with all other jurisdictions legally joining therein, in the form substantially as follows:

History of Section. P.L. 1969, ch. 206, § 1.

INTERSTATE AGREEMENT ON QUALIFICATION OF EDUCATIONAL PERSONNEL

16-11-6. Designated state official.

The “designated state official” for this state shall be the commissioner of elementary and secondary education. The commissioner is hereby authorized to enter into contracts pursuant to article III of the agreement in § 16-11-5 .

History of Section. P.L. 1969, ch. 206, § 2.

16-11-7. Publication of contracts.

True copies of all contracts made on behalf of this state pursuant to the agreement shall be kept on file in the office of the commissioner of elementary and secondary education and in the office of the secretary of state. The department of elementary and secondary education shall publish all contracts in convenient form.

History of Section. P.L. 1969, ch. 206, § 3.

16-11-8. Recruitment and selection of teachers — Troops to Teachers.

1. The Rhode Island department of education shall, as part of its certification of qualified candidates, utilize and apply for available grants with the Troops to Teachers (TTT) program whose oversight is provided by the United States Department of Defense and managed by the Defense Activity for Non-Traditional Educational Support (DANTES).
2. The implementation of the TTT program pursuant to this section shall be contingent upon federal funding. State funds or appropriations shall not be utilized in connection with the implementation of this section.
3. The commissioner shall promulgate whatever rules and regulations, including the creation of necessary forms and applications, that are required to carry out the provisions of this section.

History of Section. P.L. 2018, ch. 135, § 1; P.L. 2018, ch. 287, § 1.

16-11-9. Fast-track principal certification program.

1. The department of elementary and secondary education (the “department”) shall establish a fast-track principal certification program.
2. The fast-track principal certification program shall include, but need not be limited to, the following courses:
   1. School finance;
   2. School law; and
   3. Program evaluation, including data analysis.
3. Participants will earn a principal certification after successful completion of the courses, from a program approved by the department, required in subsection (b) of this section, and successful completion of the following three (3) requirements:
   1. A year-long internship shadowing a principal in the district where the participant is currently employed;
   2. Leading a districtwide or schoolwide initiative; and
   3. Successfully passing assessment requirements for Rhode Island principal certification.
4. To be eligible for admission into the fast-track principal certification program, an applicant shall:
   1. Have a minimum of ten (10) years’ experience as a teacher rated “effective” or “highly effective”;
   2. Have a recommendation from the superintendent(s) of the local education agency (LEA) or agencies in which the applicant worked as a teacher previously, or is working currently;
   3. Have a record of consistent leadership within an LEA, demonstrated through serving as a facilitator of professional development, a dean, a district coach, a department chair, or in another leadership position within a school or LEA; and
   4. Possess a master’s degree or higher.
5. Participants who earn a principal certification pursuant to this section shall complete a department-approved leadership development program to build leadership skills that support teaching and learning within the first renewal cycle of their certification.
6. For the purposes of this section, “local education agencies” shall include all of the following within the state:
   1. Public school districts;
   2. Regional school districts;
   3. State-operated schools;
   4. Regional collaborative schools; and
   5. Charter schools.

History of Section. P.L. 2019, ch. 117, § 1; P.L. 2019, ch. 151, § 1.

16-11-10. Streamlining English language learner certification.

1. The department of education shall provide rules and regulations to streamline the English as a second language (ESL) and/or English language learner (ELL) teaching certification, including, but not limited to: providing reciprocity to persons who hold a Massachusetts teaching certificate with similar certification in ELL and/or the Massachusetts counterpart, sheltered English immersion endorsements (SEI); providing cohorts where current Rhode Island certified teachers can obtain ESL and/or ELL endorsements; providing classes for current Rhode Island certified teachers at the individual school level within each school district, as well as accepting classes for Rhode Island ESL and/or ELL certification that are accepted for Massachusetts SEI endorsement.
2. The intention of this section is to increase the number and percentage of teachers in the state who are certified as English as a second language (ESL) and/or English language learner (ELL) teachers.

History of Section. P.L. 2021, ch. 297, § 1, effective January 1, 2022; P.L. 2021, ch. 296, § 1, effective January 1, 2022.

16-11.1-1. Athletic coaches — First aid course required.

The department of elementary and secondary education shall promulgate rules and regulations concerning the necessary requirements for first aid certification for any person who coaches in any athletic program in any school supported wholly or in part by public money.

History of Section. P.L. 1979, ch. 208, § 2; P.L. 2003, ch. 83, § 1; P.L. 2003, ch. 84, § 1; P.L. 2015, ch. 141, art. 20, § 15.

16-11.1-2. Duties of coach — Preseason lecture.

Prior to the start of each sport’s season, the head coach of a team which regularly competes against a school which receives public funds shall give or sponsor a lecture to his or her team as regards the long-term health effects of substance abuse, including, but not limited to, the use of steroids, alcohol, and drugs. The head coach shall utilize community resources including drug counselors and the student assistance program when giving or sponsoring the lecture.

History of Section. P.L. 1990, ch. 376, § 1.

16-11.2-1. “Teacher assistant” defined.

The term “teacher assistant” as used in this chapter is deemed to include any person employed to provide instructional or other direct services to students (and/or their parents/legal guardian) under the supervision and direction of the classroom teacher or other appropriately-certified professional staff. The department of elementary and secondary education shall coordinate the development of program standards for a training program for teacher assistants. The department of elementary and secondary education shall develop and make program standards available.

History of Section. P.L. 1996, ch. 167, § 1; P.L. 1997, ch. 96, § 1.

16-11.2-2. General qualifications of teacher assistants.

No person shall be employed as a teacher assistant in any school supported in whole or in part by public funds unless he or she shall:

1. Be of good character as verified by the employer;
2. Hold a high school diploma or general equivalency diploma;
3. For any person hired after January 1, 1999, complete a training program in compliance with the teacher assistant program standards developed by the department of elementary and secondary education pursuant to § 16-11.2-1 . The training program shall not be required of those persons employed as a teacher assistant in another Rhode Island school district prior to January 1, 1999, those who hold certification as a teacher assistant in another state, or those who hold an associate’s or bachelor’s degree and have completed coursework or other training consistent with the teacher assistant program standards developed by the department of elementary and secondary education;
4. If hired after January 8, 2002, and providing an instructional service, have completed at least two (2) years of study at an institution of higher education, obtained an associate’s (or higher) degree; or otherwise met a rigorous standard of quality and can demonstrate through a formal state or local academic assessment an appropriate level of: (i) knowledge of, and the ability to assist in instructing, reading, writing, and mathematics; or (ii) knowledge of, and the ability to assist in instructing, reading readiness, writing readiness, and mathematics readiness, as appropriate. Assessments developed at the local level may consist of performance assessments documenting teacher assistant skills; and
5. If hired on or before January 8, 2002, and providing instructional service, meet the requirements set forth in subdivision (4) herein not later than January 8, 2006. The employer shall pay for up to two (2) test administration fees for all teacher assistants hired prior to July 1, 2003.

History of Section. P.L. 1996, ch. 167, § 1; P.L. 1997, ch. 96, § 1; P.L. 2003, ch. 126, § 1; P.L. 2003, ch. 136, § 1.

16-11.2-3. Continued professional development of teacher assistants.

1. As a condition of continued employment every person employed as a teacher assistant shall participate in ongoing professional development.
2. Each school district or institution employing teacher assistants shall maintain records on a teacher assistant’s completion of:
   1. Training for the work assignment;
   2. Continuing education and relevant coursework;
   3. For any person hired after January 1, 1999, a certificate of completion from a training program which complied with the teaching assistant training program standards developed by the department of elementary and secondary education pursuant to § 16-11.2-1 ; and/or
   4. The requirements set forth in § 16-11.2-2(4) .

History of Section. P.L. 1996, ch. 167, § 1; P.L. 1997, ch. 96, § 1; P.L. 2003, ch. 126, § 1; P.L. 2003, ch. 136, § 1.

16-11.2-4. Prior experience.

Any person employed as a teacher assistant on August 5, 1996 shall not be required to meet the requirement set forth in § 16-11.2-2(2) and (3), but shall meet all other requirements imposed by this section no later than August 5, 1996.

History of Section. P.L. 1996, ch. 167, § 1; P.L. 1997, ch. 96, § 1.

16-11.2-5. Standardized testing.

Except as provided in § 16-11.2-2 , no person shall be deemed not qualified to be a teacher assistant under this chapter solely because of his or her score on any standardized teacher assistant’s examination. Nothing contained in this section shall be construed to require standardized testing for noninstructional teaching assistant positions.

History of Section. P.L. 1996, ch. 167, § 1; P.L. 2003, ch. 126, § 2; P.L. 2003, ch. 136, § 2.

16-11.2-6. Teacher assistant substitutes.

Any teacher assistant hired after July 1, 2002 who substitutes as a teacher assistant for more than twenty (20) days during any school year shall be required to meet the general qualifications of teacher assistant as provided in § 16-11.2-2 .

History of Section. P.L. 2001, ch. 235, § 1.

16-11.3-1. Panel established.

The department of elementary and secondary education shall convene an early reading success panel composed of elementary school teachers, school administrators, national experts in the field of reading research, and early childhood and higher education experts knowledgeable in the field of reading research. The panel shall review research on how reading is learned and on the knowledge and skills necessary for teachers to deliver effective reading instruction by July 1, 2001.

History of Section. P.L. 2000, ch. 278, § 1.

16-11.3-2. Reading success institute.

The department of elementary and secondary education shall develop, within available appropriations, a state-wide early reading success institute for educators based on the review completed by the early reading success panel pursuant to § 16-11.3-1 .

History of Section. P.L. 2000, ch. 278, § 1.

16-11.4-1. Legislative intent.

The general assembly recognizes that teaching and the rendering of other professional educational services in the pre-kindergarten through grade twelve (12) of public schools in this state affect the public interest. The general assembly further recognizes the importance of governing the preparation, licensure, and regulation of public school teachers and administrators through policies for teacher and administrator certification that maintain the highest professional standards and that are promulgated by the board of regents for elementary and secondary education with full input from those practicing in the profession.

History of Section. P.L. 2001, ch. 188, § 1.

16-11.4-2. Policy advisory board on teacher and administrator certification — Establishment — Composition.

There is hereby established a policy advisory board on teacher and administrator certification to consist of eleven (11) members: two (2) of whom shall be representatives of the Rhode Island Federation of Teachers and Health Professionals; two (2) of whom shall be representatives of the National Education Association of Rhode Island; two (2) of whom shall be members of the Association of Independent Colleges and Universities of Rhode Island (AICU Rhode Island); one of whom shall be a representative of the University of Rhode Island School of Education; one of whom shall be a representative of the Rhode Island College School of Education; one of whom shall be a representative of the Rhode Island Association of School Principals; one of whom shall be a representative of the Rhode Island Association of School Administrators; and one of whom shall be the commissioner of higher education, or his or her designee. The director of the department of elementary and secondary education office of teacher preparation, certification and professional development shall be non-voting ex-officio to the board. The policy advisory board shall advise the commissioners of elementary and secondary education and the board of regents for elementary and secondary education on the development of all policies, rules, and regulations relating to the certification of teachers and administrators.

History of Section. P.L. 2001, ch. 188, § 1; P.L. 2012, ch. 110, § 1; P.L. 2012, ch. 129, § 1.

16-11.4-3. Policy advisory board on teacher and administrator certification — Meetings — Staff support.

1. The policy advisory board on teacher and administrator certification shall hold regular meetings not less than ten (10) per year. The board shall hold additional special meetings as it deems necessary. Special meetings may be called by the commissioners of the department of elementary and secondary education, or by the request for a meeting of at least four (4) members. The presence of a majority of members shall constitute a quorum for transaction of business. All meetings of the board shall be open and public, except that the board may call an executive session as provided for in chapter 46 of title 42.
2. The department of elementary and secondary education shall provide all necessary staff and logistical support to the board to enable the board to carry out its function.
3. The provisions of chapter 46 of title 42 shall apply to all meetings of this board.

History of Section. P.L. 2001, ch. 188, § 1.

16-11.4-4. Policy advisory board on teacher and administrative certification — General powers and duties.

The advisory board shall:

1. Recommend to the commissioner of elementary and secondary education and to the council on elementary and secondary education standards for obtaining and maintaining a certificate of qualifications;
2. Recommend to the commissioner of elementary and secondary education and to the council on elementary and secondary education standards for the revocation or suspension of a certificate of qualifications and the standards for the reinstatement of a suspended or revoked certificate of qualifications;
3. Recommend to the commissioner of elementary and secondary education and to the council on elementary and secondary education the adoption or revision of rules and regulations consistent with law as may be necessary to regulate teacher and administrator certification pursuant to chapter 11 of this title;
4. Recommend to the commissioner of elementary and secondary education, commissioner of postsecondary education and to the councils on elementary and secondary education and postsecondary education standards for teacher and administrator preparation programs in this state and standards for the evaluation of teacher and administrator preparation programs in this state. The commissioner of elementary and secondary education and the commissioner of postsecondary education shall provide a report to the presidents of the university of Rhode Island and Rhode Island college, the president of the senate and the speaker of the house of representatives that outlines the recommendations of the advisory board and what, if any, action was taken by October 31, 2017.

History of Section. P.L. 2001, ch. 188, § 1; P.L. 2017, ch. 275, § 1; P.L. 2017, ch. 292, § 1.

16-11.4-5. Conformance with the Administrative Procedures Act.

Pursuant to § 16-60-10 , the board of regents of elementary and secondary education shall conform to the rulemaking requirements of the Administrative Procedures Act, chapter 35 of title 42, in implementing this chapter.

History of Section. P.L. 2001, ch. 188, § 1.

16-11.4-6. Right to read act.

1. This section shall be known and may be cited as the “Right to Read Act.”
2. No later than 2025, the following shall have proficient knowledge and skills to teach reading consistent with the best practices of scientific reading instruction and structured literacy instruction:
   1. A person who completes a state-approved educator preparation program; and
   2. A person seeking teacher licensure by reciprocity or by adding an endorsement.

      In addition, no later than 2025, a person who completes a state-approved educator preparation program, other than a teacher of elementary education program, shall demonstrate an awareness of the best practices of scientific reading instruction and structured literacy instruction.

3. Beginning no later than the 2024-2025 school year, each state-approved educator preparation program shall post on its website information describing its program to prepare teachers to teach reading with scientific reading instruction and structured literacy instruction; aligned with, but not limited to, the content measured by the stand-alone reading assessment adopted by the Rhode Island board of education act.
4. Beginning with the 2020-2021 school year, a public school district and an open-enrollment public charter school shall provide the following professional development in scientific reading instruction and structured literacy instruction:
   1. For teachers licensed at the elementary level, professional development for one of the prescribed pathways to obtaining a proficiency credential in knowledge and practices in scientific reading instruction and structured literacy instruction; and
   2. For teachers licensed at a level other than the elementary level, professional development for one of the prescribed pathways to obtaining an awareness credential in knowledge and practices in scientific reading instruction and structured literacy instruction.
5. Beginning with the 2022-2023 school year, a public school that does not provide the professional development pursuant to the provisions of subsection (d) shall:
   1. Be placed on probationary status; and
   2. Provide notice to parents that the public school district has not met the requirements of this section.
6. By the beginning of the 2023-2024 school year:
   1. All teachers employed in a teaching position that requires an elementary education (K-6) license or (K-12) license shall demonstrate proficiency in knowledge and practices of scientific reading and structured literacy instruction; and
   2. All other teachers shall demonstrate awareness in knowledge and practices of scientific reading instruction and structured literacy instruction.
7. All teachers who begin employment in the 2023-2024 school year and each school year thereafter shall demonstrate proficiency or awareness in knowledge and practices in scientific reading instruction and structured literacy instruction as is applicable to their teaching position by completing the prescribed proficiency or awareness in knowledge and practices of the scientific reading instruction credential and a structured literacy instruction credential either:
   1. As a condition of licensure; or
   2. Within one year if the teacher is:
      1. Already licensed; or
      2. Employed under a waiver from licensure.
8. A provider of a state-approved educator preparation program shall include in its annual report to the department of elementary and secondary education (the “department”) a description of program to prepare educators to teach reading using scientific reading instruction and structured literacy instruction.
9. A public school district that employs an educator in violation of this section or that does not provide the professional development as required under this section shall be in violation of the standards for accreditation of the Rhode Island board of education act, and the school district may be placed on probationary status by the department. A public school district placed on probationary status pursuant to the provisions of this subsection shall send written notification to the parents of the students in the public school district of the reason for being placed on probationary status.
10. A provider of a state-approved educator preparation program that does not comply with the requirements of this section may be subject to penalties up to and including having the provider’s approval status revoked.
11. The department is vested with the authority to, and shall enforce, this section.
12. The department shall promulgate rules to implement the provisions of this section.
13. As used in this section:
    1. The term “scientific reading instruction” means instruction that is instructional centered, empirically based, and further based on the study of the relationship between cognitive science and educational outcomes; and
    2. The term “structured literacy instruction” means an approach by which licensed personnel teach reading, which includes syllables, morphology, sound-symbol correspondence, semantics, and syntax, in an explicit, systematic, and diagnostic manner.

History of Section. P.L. 2019, ch. 112, § 1; P.L. 2019, ch. 155, § 1; P.L. 2020, ch. 79, art. 2, § 6.

16-12-1. “Teacher” defined.

The term “teacher,” as used in this chapter, is deemed to include every person employed as a teacher, supervisor, principal, or superintendent or assistant superintendent, of schools, whether employed in schools supported in whole or in part by public funds, or in colleges, or in public institutions, or in the department of elementary and secondary education.

History of Section. G.L. 1938, ch. 180, § 15; G.L. 1956, § 16-12-1 .

16-12-2. Employment of school committee member as teacher.

No member of the school committee of any town shall, so long as he or she continues in office as member of the school committee, be eligible or employed to teach as principal, supervisor, or assistant in any school supported entirely or in part by public money, or to serve as superintendent of schools, within the town in which the member of the school committee resides.

History of Section. G.L. 1896, ch. 61, § 6; P.L. 1899, ch. 620, § 1; G.L. 1909, ch. 68, § 7; P.L. 1916, ch. 1377, § 1; G.L. 1923, ch. 71, § 7; G.L. 1938, ch. 180, § 7; G.L. 1956, § 16-12-2 .

16-12-3. Duty to cultivate principles of morality.

Every teacher shall aim to implant and cultivate in the minds of all children committed to his or her care the principles of morality and virtue.

History of Section. G.L. 1896, ch. 61, § 7; G.L. 1909, ch. 68, § 8; G.L. 1923, ch. 71, § 8; G.L. 1938, ch. 180, § 8; G.L. 1956, § 16-12-3 .

16-12-3.1. Period of silent meditation.

At the opening of every school day in all grades in all public schools the teacher in charge of the room in which each class is held shall announce that a period of silence not to exceed one minute in duration shall be observed for meditation, and during this period silence shall be maintained and no activities engaged in.

History of Section. P.L. 1977, ch. 84, § 1.

16-12-4. Register of pupils — Reports required by school authorities.

1. Every teacher in any public or private school shall keep a register of the names of all the students attending the school, their sex and age, names of parents or guardians, the time when each student enters and leaves the school, and their daily attendance, and shall prepare any report required by the school committee or department of elementary and secondary education.
2. The school committee may establish an alternative method of keeping the register provided that all required information is furnished to the department of elementary and secondary education.

History of Section. G.L. 1896, ch. 61, § 5; G.L. 1909, ch. 68, § 6; P.L. 1922, ch. 2234, § 13; G.L. 1923, ch. 71, § 6; G.L. 1938, ch. 180, § 6; impl. am. P.L. 1951, ch. 2752, § 21; G.L. 1956, § 16-12-4 ; P.L. 1976, ch. 150, § 1.

16-12-5. Minimum salary.

The annual salary of any teacher employed on a full time basis in any public school shall not be less than twelve hundred dollars ($1,200).

History of Section. P.L. 1909, ch. 458, § 1; P.L. 1922, ch. 2234, § 18; G.L. 1923, ch. 71, § 13; G.L. 1938, ch. 180, § 13; P.L. 1945, ch. 1607, § 1; G.L. 1956, § 16-12-5 .

16-12-6. Dismissal of teachers.

The school committee of any town may, on reasonable notice and hearing, dismiss any teacher for refusal to conform to the regulations made by the committee, or for other just cause.

History of Section. G.L. 1896, ch. 61, § 4; G.L. 1909, ch. 68, § 5; G.L. 1923, ch. 71, § 5; P.L. 1938, ch. 2641, § 1; G.L. 1938, ch. 180, § 5; P.L. 1941, ch. 1033, § 1; G.L. 1956, § 16-12-6 ; P.L. 2009, ch. 316, § 1; P.L. 2009, ch. 317, § 1.

16-12-6.1. Special rules as to Cumberland.

The school committee of the town of Cumberland in electing teachers shall elect to serve at its discretion all teachers who have served in the schools under its direction for the previous three (3) consecutive school years; provided, that the school committee of the town of Cumberland may elect to serve at its discretion any person who has served more than one previous consecutive year. The school committee of the town of Cumberland may dismiss a teacher within the year of employment in the instance of teachers not employed at discretion, and at any time in the instance of teachers employed at discretion by a two-thirds (2/3) vote of the whole school committee for cause, which may be a violation of law, flagrant or persistent violation of the rules and regulations legally prescribed by the school committee, inefficiency, incapacity, insubordination, conduct unbecoming a teacher, or other just cause; provided, that no teacher shall be dismissed unless he or she has received a written copy of the charge or charges against him or her not less than thirty (30) days before the meeting at which the charge or charges are to be considered, and unless the teacher if he or she so requests it has been given a hearing before the school committee, and unless the charge or charges has or have been admitted or substantiated; and provided, further, that nothing in this section shall prevent the retirement of any teacher under a rule of the school committee affecting marriage or for the purpose of chapter 15 of this title; or the retirement at the end of any school year of any teacher whose services may no longer be required by reason of the closing of schools or the discontinuance of classes; and provided, further, that the school committee of the town of Cumberland may suspend any teacher for cause pending a hearing, but that suspension shall not involve loss of salary unless the cause is sufficient to justify dismissal as provided in this section.

History of Section. P.L. 2009, ch. 316, § 2; P.L. 2009, ch. 317, § 2; P.L. 2013, ch. 257, § 1; P.L. 2013, ch. 364, § 1.

16-12-7. Maximum school year in state schools.

1. No teacher as defined in this section shall be required to teach classes in any of the state institutions named in this section for a maximum of more than one hundred and ninety (190) days in any one school year.
2. The term “teacher” as used in this section is deemed to mean every person for whose position a certificate issued by the department of elementary and secondary education is required by law, and who is, or may be, employed by the state in a teaching capacity in any of the various correctional, medical, educational, mental, and any other types of similar public institutions owned and operated by this state.

History of Section. R.P.L. 1957, ch. 157, §§ 1, 2.

16-12-8. Extension of general laws to include certified teachers in state schools.

1. The general laws which apply to certified teachers in the cities and towns shall apply equally to certified teachers in state schools.
2. The provisions of § 16-60-7.2 shall also apply equally to certified teachers in state schools.

History of Section. P.L. 1969, ch. 99, § 1; P.L. 1990, ch. 503, § 1.

16-12-9. Residency within municipality not required.

Notwithstanding any prior ratification and validation by the general assembly of any home rule charter provision requiring that a public school department employee reside within the employing city or town, effective September 1, 2001, no home rule charter provision shall require that a public school department employee reside within the city or town as a condition of appointment or continued employment. Any prior ratification and validation by the general assembly of a home rule charter provision requiring residency within a city or town as a condition for employment of a public school department employee is expressly repealed by the general assembly. Nor shall any town or city council make or ordain any ordinance requiring that a public school department employee reside within the employing city or town as a condition of appointment or continued employment. Any existing ordinance requiring that a public school department employee reside within the employing city or town as a condition of appointment or continued employment is considered contrary to the laws of this state and is thus void as violative of state law.

History of Section. P.L. 1976, ch. 204, § 1; P.L. 1994, ch. 146, § 2; P.L. 1999, ch. 121, § 3; P.L. 2000, ch. 55, art. 20, § 5; P.L. 2005, ch. 299, § 1; P.L. 2005, ch. 310, § 1.

16-12-10. Immunity for reports of suspected substance abuse.

Any teacher, school administrator, school guidance counselor, school psychologist, school drug counselor, school nurse, supervisor of attendance, attendance teacher, or attendance officer having reasonable cause to suspect that an elementary or secondary school student is abusing a controlled substance or alcohol, or is under the influence of a dangerous drug or alcohol, or has in his or her possession a controlled substance or alcohol, who reports this information to the appropriate elementary or secondary school officials pursuant to the school’s drug policy, or if the school has no drug policy to the school’s principal or the parents of the student under eighteen (18) years of age, or to a police agency, shall have immunity from any civil liability that might otherwise be incurred or imposed as a result of the making of the report.

History of Section. P.L. 1976, ch. 323, § 1; P.L. 1987, ch. 317, § 1.

16-12-11. Educator evaluations.

1. Any board of education-approved educator evaluation system for tenured teachers shall include, but not be limited to, the following provisions:
   1. Any teacher who obtains or earns a rating of “highly effective,” or a number “4,” or any equivalent thereof shall, subsequent to such evaluation, be evaluated not more than once every three (3) years thereafter.
   2. Any teacher who obtains or earns a rating of “effective,” or a number “3,” or any equivalent thereof shall, subsequent to such evaluation, be evaluated not more than once every two (2) years thereafter.
   3. An annual conference shall be required for any “highly effective” or “effective” teacher included in subsections (a)(1) and (a)(2) herein. Said conference shall be in accordance with a process and scope determined by each school district’s educator evaluation committee.
2. The provisions of this section shall not prohibit annual evaluations in circumstances including, but not limited to:
   1. Any teacher who may request an annual evaluation; or
   2. Any teacher during his or her first year teaching under a new teaching certificate.
3. Any non-tenured teacher shall be evaluated annually.
4. Notwithstanding the provisions contained in subsection (a), principals may observe a teacher’s classroom and classroom instruction at any time.
5. Notwithstanding the provisions contained in subsection (a), nothing herein shall preclude more frequent educator evaluations if they are included in a local school district’s negotiated collective bargaining agreement entered into after July 1, 2014.
6. Notwithstanding the provisions contained in subsection (a), any concerns about a teacher’s performance that arise at anytime shall be handled in accordance with local school district personnel policies and negotiated collective bargaining agreements.
7. Any regulations of the department of education providing for the evaluation of teachers shall be modified to conform with the provisions and schedule set forth herein; provided, however, that nothing herein shall be construed to direct the department of education to act so as to jeopardize any current funding from a race to the top grant received by the state.

History of Section. P.L. 2014, ch. 470, § 1.

16-12.1-1. Legislative purpose.

The general assembly recognizes that administrators are not members of teacher collective bargaining units and, therefore, are not protected by the terms of teacher bargaining agreements. While clearly intending neither to interfere with the discretion of school committees to choose those who shall administer local schools nor to grant tenure to school administrators, the general assembly deems it necessary to the orderly and effective functioning of public education to inform school administrators of the bases or reasons for their suspension, dismissal, or nonrenewal of their employment relationship, and to afford administrators an opportunity to be heard before the school committee. Full disclosure of the bases or reasons for suspension, dismissal, or nonrenewal and the hearing which may follow, while providing administrators and school committees a meaningful hedge against mistaken or impermissible actions as well as an opportunity to question and confront those individuals whose judgment or allegations furnish the basis for the actions taken, are ultimately intended to erase harmful innuendo from any suspension, dismissal, or nonrenewal of an administrator.

History of Section. P.L. 1979, ch. 372, § 1; P.L. 1983, ch. 291, § 1.

16-12.1-2. “Administrator” defined.

The term “administrator” as used in this chapter applies only to full time, certified professionals having the authority in the interest of a local or regional school district or school within a district to direct, supervise, advise, or manage; provided, however, the term “administrator” does not include superintendents of schools or assistant superintendents of schools. An “administrator” within a teacher bargaining unit, protected by the terms of a regional or local school committee teacher collective bargaining agreement, shall not be protected by the provisions of this chapter.

History of Section. P.L. 1979, ch. 372, § 1.

16-12.1-2.1. Termination of administrator.

An administrator shall only be terminated for just cause including but not limited to declining enrollment or consolidation.

History of Section. P.L. 1983, ch. 291, § 2.

16-12.1-3. Notice required — Hearing.

Prior to taking final action dismissing or not renewing the employment of an administrator, and subsequent to suspending the employment of an administrator, a regional or local school committee shall provide the affected administrator with: (1) a concise, clear, written statement, privately communicated, of the bases or reasons for the suspension, dismissal, or nonrenewal, and (2) notification of the right of the administrator to a prompt hearing, which shall be at the election of the administrator, and the right to be represented by counsel at the hearing. Upon the request of a hearing by the administrator, prompt notification stating the time and place of the hearing shall be given. The time and place set for the hearing shall allow sufficient opportunity to the administrator for preparation without undue delay.

History of Section. P.L. 1979, ch. 372, § 1.

16-12.1-4. Conduct of hearing.

The hearing shall be held before a quorum of the school committee. The administrator shall have the opportunity to present and cross-examine witnesses. Testimony shall be taken under oath and a full stenographic record shall be kept.

History of Section. P.L. 1979, ch. 372, § 1.

16-12.1-5. Decision.

Within a reasonable time, not to exceed thirty (30) days, after the conclusion of the hearing, the school committee shall render a concise, clear, written decision. The findings and conclusions in the decision shall be based exclusively on evidence received at the hearing or on reasonable inferences drawn from the evidence. A copy of the decision shall be promptly supplied to the administrator.

History of Section. P.L. 1979, ch. 372, § 1.

16-12.1-6. Appeals.

An administrator aggrieved by a final decision of a school committee may obtain review under the provisions of chapter 39 of this title by petitioning the commissioner of elementary and secondary education within ten (10) days of receipt of the decision. When an appeal is taken, the school board shall forward a copy of the complete record of the case to the commissioner of elementary and secondary education.

History of Section. P.L. 1979, ch. 372, § 1.

16-13-1. “Teacher” defined.

The term “teacher” as used in this chapter means every person for whose position a certificate issued by the department of elementary and secondary education is required by law.

History of Section. P.L. 1946, ch. 1775, § 1; G.L. 1956, § 16-13-1 .

16-13-2. Annual contract basis — Automatic continuation.

1. Teaching service shall be on the basis of an annual contract, except as hereinafter provided, and the contract shall be deemed to be continuous unless the governing body of the schools shall notify the teacher, in writing, on or before March 1, that the contract for the ensuing year will not be renewed. If the dismissal or nonrenewal is based on fiscal exigency or program reorganization, the governing body shall notify the teacher on or before June 1 of the school year immediately preceding the school year in which the dismissal or nonrenewal is to become effective. Provided, however, that a teacher, upon request, shall be furnished a statement of cause for dismissal or nonrenewal of his or her contract by the school committee; provided further, that whenever any contract is not renewed, or the teacher is dismissed, the teacher shall be entitled to a hearing and appeal pursuant to the procedure set forth in § 16-13-4 .
2. Nothing contained in this section shall be construed to prohibit, or at any time to have prohibited, a school committee from agreeing, in a collective bargaining agreement, to the arbitration of disputes arising out of a dismissal or nonrenewal of a nontenured teacher pursuant to subsection (a) of this section.

History of Section. P.L. 1946, ch. 1775, § 2; G.L. 1956, § 16-13-2 ; P.L. 1970, ch. 222, § 1; 1995, ch. 387, § 1; P.L. 2014, ch. 278, § 1; P.L. 2014, ch. 335, § 1.

16-13-3. Probationary period — Tenure after probation.

1. Three (3) annual contracts within five (5) successive school years shall be considered evidence of satisfactory teaching and shall constitute a probationary period. Teachers who complete the probationary period shall be considered in continuous service and shall not be subject to annual renewal or nonrenewal of their contracts. No tenured teacher in continuous service shall be dismissed except for good and just cause. Whenever a tenured teacher in continuous service is to be dismissed, the notice of the dismissal shall be given to the teacher, in writing, on or before March 1 of the school year immediately preceding the school year in which the dismissal is to become effective. If the dismissal is based on fiscal exigency or program reorganization, the notice of dismissal shall be given to the teacher, in writing, on or before June 1 of the school year immediately preceding the school year in which the dismissal is to become effective. The teacher shall be furnished with a complete statement of the cause(s) for the dismissal by the governing body of the school and shall be entitled to a hearing and appeal pursuant to the procedure set forth in § 16-13-4 .
2. Nothing contained in this section shall be construed to prohibit, or at any time to have prohibited, a school committee from agreeing, in a collective bargaining agreement, to the arbitration of disputes arising out of the dismissal of a tenured teacher pursuant to subsection (a) of this section.
3. Any teacher employed by a local or regional school committee who has attained tenure in a Rhode Island public school system; who is appointed to an administrative position of principal, assistant principal, vice principal, superintendent, assistant superintendent, director, or other central office personnel in any Rhode Island public school system, including the original school district of employment; or who is hired for an administrative position as a fellow, education specialist, or director by the Rhode Island department of education, shall be granted an unpaid leave of absence, not to exceed three (3) years, in order to be employed in an administrative position of principal, assistant principal, vice principal, superintendent, assistant superintendent, director, or other central office personnel in any Rhode Island school system or the Rhode Island department of education. Said teachers shall, upon completion of their administrative position employment contract, or termination or resignation of the administrative position, be allowed to return to his or her former status as a tenured teacher within the system from which the leave of absence was taken. Such leaves of absence shall not be deemed to be an interruption of service for the purposes of seniority and teacher retirement.

History of Section. P.L. 1946, ch. 1775, § 3; G.L. 1956, § 16-13-3 ; P.L. 1975, ch. 258, § 1; P.L. 1992, ch. 170, § 1; P.L. 1995, ch. 387, § 1; P.L. 1997, ch. 307, § 1; P.L. 2013, ch. 267, § 1; P.L. 2013, ch. 362, § 1; P.L. 2014, ch. 278, § 1; P.L. 2014, ch. 335, § 1.

16-13-4. Statement of cause for dismissal — Hearing — Appeals — Arbitration.

1. The statement of cause for dismissal shall be given to the teacher, in writing, by the governing body of the schools. The teacher may, within fifteen (15) days of the notification, request, in writing, a hearing before the school committee or school board. The hearing shall be public or private, in the discretion of the teacher. Both teacher and school board shall be entitled to be represented by counsel and to present witnesses. The board shall keep a complete record of the hearing and shall furnish the teacher with a copy. Any teacher aggrieved by the decision of the school board shall have the right of appeal to the department of elementary and secondary education and shall have the right of further appeal to the superior court. Any decisions rendered must be approved by a majority of the full board. Members voting on a decision must have been in attendance at the hearing.
2. Nothing contained in this section shall be construed to prohibit, or at any time to have prohibited, a school committee in a municipality or regional school district with an elected school committee, or the chief executive officer in a municipality with an appointed school committee from agreeing, in a collective bargaining agreement, to the arbitration of disputes arising out of the nonrenewal, dismissal, and/or suspension of a teacher pursuant to §§ 16-13-2 , 16-13-3 , and/or 16-13-5 .

History of Section. P.L. 1946, ch. 1775, § 4; G.L. 1956, § 16-13-4 ; P.L. 1965, ch. 20, § 1; P.L. 1995, ch. 387, § 1; P.L. 2011, ch. 265, § 5; P.L. 2014, ch. 278, § 1; P.L. 2014, ch. 335, § 1; P.L. 2015, ch. 93, § 1; P.L. 2015, ch. 131, § 1.

16-13-5. Suspension for cause — Payment for period suspended.

1. Section 16-13-4 shall not prevent the suspension of a teacher for good and just cause. Prior to the suspension of a teacher as provided in this section, the school committee shall hold a pre-suspension hearing to determine if a suspension is warranted, and at the pre-suspension hearing, shall consider any available evidence and afford the teacher or his or her counsel an opportunity to respond to that evidence. In the event a teacher is suspended or otherwise not permitted to perform his or her duties prior to the presuspension hearing, then the teacher shall be paid his or her regular salary during that period.
2. Whenever a teacher is suspended by a school committee, the school committee shall furnish the teacher with a complete statement of the cause(s) of the suspension and, upon request, shall afford the teacher a hearing and appeal pursuant to the procedure set forth in § 16-13-4 . If the teacher shall be vindicated as a result of the hearing or any appeal the teacher shall be paid in full for the period of suspension, and provided further, that during the period of suspension, all medical and insurance benefits shall remain in full force and effect.
3. Nothing contained in this section shall be construed to prohibit or at any time to have prohibited a school committee in a municipality or regional school district with an elected school committee, or the chief executive officer in a municipality with an appointed school committee, from agreeing, in a collective bargaining agreement, to the arbitration of disputes arising out of the suspension of a teacher pursuant to subsection (a) of this section.

History of Section. P.L. 1946, ch. 1775, § 5; G.L. 1956, § 16-3-5 ; P.L. 1986, ch. 94, § 1; P.L. 1988, ch. 357, § 1; P.L. 1995, ch. 387, § 1; P.L. 2011, ch. 265, § 5.

16-13-6. Suspension because of decrease in school population — Seniority — Reinstatement.

1. A school board may, by reason of a substantial decrease of pupil population within its school system, suspend teachers in numbers necessitated by the decrease in pupil population; provided, however, that suspension of teachers shall be in the inverse order of their employment unless it is necessary to retain certain teachers of technical subjects whose places cannot be filled by teachers of earlier appointment; and, provided further, that teachers who are suspended shall be reinstated in the inverse order of their suspension. No new appointments shall be made while there are available teachers so suspended.
2. Notice of suspension under this section and § 16-13-5 shall be given, in writing, by the governing body of schools on or before June 1 notifying the teacher that his or her employment for the ensuing year shall be suspended, provided however, notice by that date need not be provided in the instance of an emergency performance-related cause.

History of Section. P.L. 1946, ch. 1775, § 6; G.L. 1956, § 16-13-6 ; P.L. 1992, ch. 170, § 1; P.L. 2014, ch. 278, § 1; P.L. 2014, ch. 335, § 1.

16-13-7. Continuity unimpaired by military service.

Absence from teaching because of serving one’s country shall not impair the continuing service status.

History of Section. P.L. 1946, ch. 1775, § 7; G.L. 1956, § 16-13-7 .

16-13-8. Continuity of tenure upon transfer.

Any teacher in continuing service who voluntarily resigns and transfers to another community in Rhode Island without interrupting his or her professional career, shall be considered to remain under tenure unless the teacher is notified to the contrary, in writing, prior to March 1 of the second school year in which the teacher transfers. If the dismissal or nonrenewal is based on fiscal exigency or program reorganization, the teacher shall be notified, in writing, prior to June 1 of the second (2nd) school year in which the teacher transfers.

History of Section. G.L. 1956, § 16-13-8 ; P.L. 1964, ch. 139, § 1; P.L. 2014, ch. 278, § 1; P.L. 2014, ch. 335, § 1.

16-14-1 — 16-14-6. Repealed.

History of Section. G.L. 1909, ch. 63, §§ 9, 17, and 18; P.L. 1912, ch. 839, § 1; G.L. 1923, ch. 84, §§ 8-10; G.L. 1923, ch. 65, § 18; P.L. 1932, ch. 1950, § 1; P.L. 1935, ch. 2250, § 149; G.L. 1923, ch. 84, §§ 14-16; P.L. 1938, ch. 2575, § 1; G.L. 1938, ch. 176, §§ 8-11, 15-17; G.L. 1938, ch. 176, § 18; P.L. 1943, ch. 1354, § 1; P.L. 1952, ch. 3040, § 1; P.L. 1954, ch. 3368, § 3; G.L. 1956, §§ 16-14-1 — 16-14-6; P.L. 1957, ch. 69, § 1; Repealed by P.L. 1977, ch. 238, § 6; P.L. 1980, ch. 395, § 1.

16-15-1 — 16-15-12. Repealed.

History of Section. G.L. 1907, ch. 1468, §§ 1, 2; G.L. 1909, ch. 69, §§ 1, 2, 4, 5; P.L. 1909, ch. 401, § 1; P.L. 1914, ch. 1090, § 1; P.L. 1915, ch. 1213, § 1; P.L. 1917, ch. 1500, § 1; P.L. 1921, ch. 2053, § 1; P.L. 1921, ch. 2054, § 1; P.L. 1921, ch. 2182, § 1; G.L. 1923, ch. 72, §§ 1 through 6; P.L. 1926, ch. 776, § 1; P.L. 1931, ch. 1707, § 1; P.L. 1937, ch. 2507, § 1; G.L. 1938, ch. 195, §§ 1 through 7; P.L. 1939, ch. 693, § 1; P.L. 1946, ch. 1717, §§ 1, 2; P.L. 1948, ch. 2101, § 4; impl. am. P.L. 1948, ch. 2102, § 4; P.L. 1948, ch. 2129, § 1; P.L. 1948, ch. 2130, § 1; impl. am. P.L. 1951, ch. 2752, § 21; P.L. 1952, ch. 3000, §§ 1, 3; P.L. 1955, ch. 3462, §§ 1, 2; G.L. 1956, §§ 16-15-1 through 16-15-1 2; P.L. 1958, ch. 208, § 1; impl. am. P.L. 1959, ch. 44; P.L. 1988, ch. 84, § 47; P.L. 1989, ch. 403, § 3; Repealed by P.L. 1992, ch. 306, art. II, § 1, effective January 1, 1993.

16-15-13. Additional pension and retirement grants — Declaration of policy.

The state pension systems for teachers of public education have proved to be inadequate to meet the special needs of retirement during this period of sharply increasing costs of living. A completely adequate retirement system for teachers is an essential responsibility of the state in providing sound public education. Therefore, §§ 16-15-13 to 16-15-15 are designed to provide additional state aid for retired teachers in order to make the teaching profession more attractive to qualified teachers and to provide for the security and welfare of education in the state.

History of Section. P.L. 1959, ch. 124, § 1.

16-15-14. Annual grant for teachers retiring after July 1, 1949.

1. The general assembly shall annually appropriate a sum sufficient to pay an additional annual retirement grant of four hundred dollars ($400) per year for a payment of a pension of not more than two thousand dollars ($2,000) annually to every retired teacher who qualified for either a pension or retirement benefits under the provisions of this chapter.
2. It shall also annually appropriate a sum sufficient to pay an additional pension grant which when added to the existing pension will provide a maximum annual pension of two thousand dollars ($2,000) to any retired teacher on an ordinary disability pension who has twenty (20) or more years of teaching service credit in the retirement system and to any retired teacher under the maximum plan who has twenty (20) or more years of teaching service credit in the retirement system who retired after July 1, 1949, and whose present annual pension under the provisions of chapter 16 of this title is less than two thousand dollars ($2,000).
3. This grant shall be an annual state grant and shall be in addition to any and all amounts being paid from any state pension or retirement system and in addition to any payments from a retirement or pension system of any city or town.
4. All money appropriated in accordance with the amended provisions of this chapter for the retired teachers shall be administered by the department of elementary and secondary education, and all money appropriated in accordance with the amended provisions of chapter 16 of this title for the retired teachers shall be administered by the retirement division in the department of treasury.

History of Section. P.L. 1959, ch. 124, § 2; P.L. 1966, ch. 274, § 2.

16-15-14.1. Additional retirement grants for state college and school teachers — Payment.

1. The general assembly shall also annually appropriate a sum sufficient to pay an additional retirement grant which when added to the existing pension will provide for the payment of a pension of not more than two thousand dollars ($2,000) annually to every retired teacher who qualified for and is receiving retirement benefits for teaching at Rhode Island College, the University of Rhode Island, or other state schools whose present annual pension is less than two thousand dollars ($2,000). This additional grant shall be an annual state grant and shall be in addition to any and all amounts being paid from the state pension or retirement system and shall be administered by the retirement division in the department of treasury.
2. These grants shall be apportioned into monthly benefits and shall be disbursed monthly.

History of Section. P.L. 1966, ch. 274, § 3.

16-15-15. Payment of grants for teachers retiring after July 1, 1949.

1. Upon the passage of §§ 16-15-13 — 16-15-15 the department of elementary and secondary education and the retirement division in the department of treasury shall apportion the retirement grant into monthly benefits and shall disburse monthly the benefits to all eligible retired teachers under this law.
2. The state controller is authorized and directed to draw his or her orders upon the general treasurer for the payment of those sums that may be required from time to time upon receipt by him or her of proper vouchers approved by the department of elementary and secondary education and the retirement division in the department of treasury.

History of Section. P.L. 1959, ch. 124, § 3.

16-15-16. Annual grant for teachers retiring prior to July 1, 1949.

1. The general assembly shall annually appropriate a sum sufficient to pay an additional annual retirement grant of two thousand dollars ($2,000) for a payment of a pension of not more than five thousand dollars ($5,000) annually to every retired teacher who qualified for either a pension or retirement benefits under the provisions of this chapter, and who retired prior to July 1, 1949.
2. This grant shall be an annual state grant and shall be in addition to any and all amounts being paid from any state pension or retirement system and in addition to any payments from a retirement or pension system of any city or town.
3. All money appropriated in accordance with the amended provisions of this chapter for the retired teachers shall be administered by the department of elementary and secondary education.

History of Section. P.L. 1970, ch. 114, § 2; P.L. 1972, ch. 168, § 1; P.L. 1973, ch. 227, § 1.

16-15-17. Payment of grants for teachers retiring prior to July 1, 1949.

1. Upon the passage of this chapter the department of elementary and secondary education shall apportion the retirement grant into monthly benefits and shall disburse monthly benefits to all eligible retired teachers under this law.
2. The state controller is authorized and directed to draw his or her orders upon the general treasurer for the payment of those sums that may be required from time to time upon receipt by the controller of proper vouchers approved by the department of elementary and secondary education and the retirement division in the department of treasury.

History of Section. P.L. 1970, ch. 114, § 3.

16-16-1. Definitions.

1. The following words and phrases used in this chapter, unless a different meaning is plainly required by the context, have the following meanings:
   1. “Active member” means any teacher as defined in this section for whom the retirement system is currently receiving regular contributions pursuant to §§ 16-16-22 and 16-16-22 .1. Except as otherwise provided in this section, the words and phrases used in this chapter, so far as applicable, have the same meanings as they have in chapters 8 to 10 of title 36.
   2. “Beneficiary” means any person in receipt of annuity, benefit, or retirement allowance from the retirement system as provided in this chapter.
   3. “Child” includes a stepchild of a deceased member who has been a stepchild for at least one year immediately preceding the date on which the member died or an adopted child of a deceased member without regard to the length of time the child has been adopted.
   4. “Former spouse divorced” means a person divorced from a deceased member, but only if the person meets one of the following conditions:
      1. Is the mother or father of the deceased member’s child(ren);
      2. Legally adopted the deceased member’s child(ren) while married to the deceased member and while the child(ren) was under the age of eighteen (18) years; or
      3. Was married to the deceased member at the time both of them legally adopted a child(ren) under the age of eighteen (18) years.
   5. “Member” means any person included in the membership of the retirement system under the provisions of this chapter.
   6. “Prior service” means service as a teacher rendered prior to the first day of July, 1949, certified on his or her prior service certificate and allowable as prior service under the provisions of this chapter.
   7. “Retired teacher” means any teacher who retired prior to July 1, 1949, pursuant to the provisions of G.L. 1938, ch. 195, as amended, and who on June 30, 1949, was in receipt of a pension under the provisions of that chapter.
   8. “Retirement system” and “system” means the employees’ retirement system of the state of Rhode Island created by chapter 8 of title 36, and “retirement board” means the board established under that chapter.
   9. “Salary” or “compensation” includes any and all salary paid for teaching services regardless of whether any part of the salary or compensation is derived from any state or federal grant or appropriation for teachers’ salaries, as the term is defined in § 36-8-1(8) . “Average compensation” shall be defined in accordance with section 36-8-1(5)(a) .
   10. “Service” means service as a teacher as described in subdivision (12) of this section. Periods of employment as teacher, principal, assistant principal, supervisor, superintendent, or assistant superintendent shall be combined in computing periods of service and employment.
   11. “Spouse” means the surviving person who was married to a deceased member, but only if the surviving person meets one of the following conditions:
       1. Was married to the deceased member for not less than one year immediately prior to the date on which the member died;
       2. Is the mother or father of the deceased member’s child(ren);
       3. Legally adopted the deceased member’s child(ren) while married to the deceased member and while the child(ren) was under the age of eighteen (18) years; or
       4. Was married to the deceased member at the time both of them legally adopted a child(ren) under the age of eighteen (18) years.
   12. “Teacher” means a person required to hold a certificate of qualification issued by or under the authority of the board of regents for elementary and secondary education and who is engaged in teaching as his or her principal occupation and is regularly employed as a teacher in the public schools of any city or town in the state, or any formalized, commissioner approved, cooperative service arrangement. The term includes a person employed as a teacher, supervisor, principal, assistant principal, superintendent, or assistant superintendent of schools, director, assistant director, coordinator, consultant, dean, assistant dean, educational administrator, nurse teacher, and attendance officer or any person who has worked in the field of education or is working in the field of education that holds a teaching or administrative certificate. In determining the number of days served by a teacher the total number of days served in any public school of any city or town in the state may be combined for any one school year. The term also includes a school business administrator whether or not the administrator holds a teaching or administrative certificate, and also includes occupational therapists and physical therapists licensed by the department of health and employed by a school committee in the state, or by any formalized, commissioner approved, cooperative service arrangement.
   13. “Teaching” includes teaching, supervising, and superintending or assistant superintending of schools.
   14. “Total service” means prior service as defined in subdivision (6) of this section, plus service rendered as a member of the system on or after the first day of July, 1949.
   15. For purposes of this chapter, “domestic partner” shall be defined as a person who, prior to the decedent’s death, was in an exclusive, intimate and committed relationship with the decedent, and who certifies by affidavit that their relationship met the following qualifications:
       1. Both partners were at least eighteen (18) years of age and were mentally competent to contract;
       2. Neither partner was married to anyone else;
       3. Partners were not related by blood to a degree which would prohibit marriage in the state of Rhode Island;
       4. Partners resided together and had resided together for at least one year at the time of death; and
       5. Partners were financially interdependent as evidenced by at least two (2) of the following:
          1. Domestic partnership agreement or relationship contract;
          2. Joint mortgage or joint ownership of primary residence;
          3. Two (2) of: (I) joint ownership of motor vehicle; (II) joint checking account; (III) joint credit account; (IV) joint lease; and/or
          4. The domestic partner had been designated as a beneficiary for the decedent’s will, retirement contract or life insurance.
2. The masculine pronoun wherever used shall also include the feminine pronoun.
3. Any term not specifically defined in this chapter and specifically defined in chapters 36-8 — 36-10 shall have the same definition as set forth in chapters 36-8 — 36-10.

History of Section. P.L. 1948, ch. 2101, § 1; impl. am. P.L. 1951, ch. 2752, § 21; P.L. 1951, ch. 2830, § 5; G.L. 1956, § 16-16-1 ; P.L. 1962, ch. 212, § 2; P.L. 1972, ch. 139, § 1; P.L. 1976, ch. 236, § 2; P.L. 1979, ch. 211, § 1; P.L. 1981, ch. 162, § 2; P.L. 1983, ch. 217, § 1; P.L. 1985, ch. 258, § 1; P.L. 1995, ch. 370, art. 15, § 1; P.L. 1996, ch. 384, § 1; P.L. 1998, ch. 411, § 2; P.L. 2001, ch. 86, § 36; P.L. 2002, ch. 383, § 1; P.L. 2007, ch. 510, § 6; P.L. 2011, ch. 408, § 10; P.L. 2011, ch. 409, § 10.

16-16-2. Membership in system.

Membership in the retirement system for teachers began on July 1, 1949, and shall consist of:

1. All teachers as defined in this chapter who were in service on that date, and
2. All persons who become teachers on or after that date, which teachers shall become members of the system as a condition of their employment as teachers.

History of Section. P.L. 1948, ch. 2101, § 2; G.L. 1956, § 16-16-2 .

16-16-3. Repealed.

History of Section. P.L. 1948, ch. 2101, § 10; G.L. 1956, § 16-16-3 ; Repealed by P.L. 1980, ch. 169, § 1.

16-16-4. Membership of school nurses.

Every certified nurse teacher employed in the respective public schools of the several cities and towns of this state and every person who, prior to any certification as a nurse teacher, has been regularly employed by any city or town as a school nurse in the respective public schools shall be entitled to all the rights and benefits contained in this chapter and in chapters 8 — 10 of title 36.

History of Section. P.L. 1949, ch. 2192, § 1; G.L. 1956, § 16-16-4 ; P.L. 2001, ch. 86, § 36.

16-16-5. Service creditable.

1. In calculating “service”, “prior service”, or “total service” as defined in § 16-16-1 , every teacher shall be given credit for a year of service for each year in which he or she shall have served as a teacher; provided, that any teacher who through illness or leave of absence without pay does not serve a full school year may receive credit for a full school year of service by paying the full actuarial cost as defined in § 36-8-1(9) . Credit for leaves of absence shall be limited, in the aggregate, during the total service of a teacher to a period of four (4) years; provided, however, every teacher who had been required to resign for maternity reasons may receive credit for maternity reasons by making contribution to the system upon her return to teaching the amount she would have contributed to the retirement system, with regular interest, based upon her expected compensation but for her absence due to maternity reasons.
2. The retirement board shall fix and determine the time when and the conditions under which the payments shall be made.
3. Any teacher who serves or who has served during a school year the number of days that the public schools are required by law to be in session during the year shall be given credit for a year of service for that year. In determining the number of days served by a substitute teacher the total number of days served in any public school of any city or town in the state may be combined for any one school year. Any teacher shall be entitled to “prior service” credit for service prior to July 1, 1949, provided the teacher shall have been in service during the school year 1949-1950. The teacher shall be entitled to service credit for any year subsequent to July 1, 1949 in accordance with this chapter, by making contribution to the retirement system of the full actuarial cost for any such service credit.
4. Any teacher employed in at least a half (1/2) program including a job share program, or working at least half the number of days that the public schools are required to be in session, shall remain a contributing member and shall receive credit for that part-time service on a proportional basis. The purchase of any remaining program or job share time in which the teacher did not work shall not be permitted.
5. In computing service or in computing compensation, the retirement board shall credit no more than one year of service on account of all service in one calendar year.
6. Notwithstanding any other section of law, no member of the retirement system shall be permitted to purchase service credit for any portion of a year for which he or she is already receiving service credit in this retirement system.

History of Section. P.L. 1948, ch. 2101, § 3; P.L. 1951, ch. 2830, § 6; G.L. 1956, § 16-16-5 ; R.P.L. 1957, ch. 70, § 1; P.L. 1966, ch. 111, § 1; P.L. 1979, ch. 211, § 1; P.L. 1980, ch. 174, § 2; P.L. 1981, ch. 175, § 1; P.L. 1987, ch. 584, § 1; P.L. 1994, ch. 139, § 6; P.L. 1994, ch. 142, § 7; P.L. 1997, ch. 169, § 1; P.L. 2001, ch. 86, § 36; P.L. 2009, ch. 68, art. 7, § 4; P.L. 2011, ch. 408, § 10; P.L. 2011, ch. 409, § 10.

16-16-6. Credit for service in private schools or as federal employee — Contributions.

In determining the creditable service of any teacher employed in any city or town for the purposes of retirement there may be added to, and included in, total service as defined in this chapter not more than five (5) years of service as a teacher or in a capacity essentially similar or equivalent to that of a teacher in any private school or institution, in any charter school not subject to subdivision 16-77-4(b)(12), and in public schools in which the teacher was paid by funds of the United States government except schools or institutions that are operated for profit; provided, however, that this service shall not be counted as creditable service unless the member shall pay into the retirement system a contribution equal to the full actuarial value of each year of credit for which application is made based on the salary of the member in effect at the date of application for the credit as determined by the retirement board. The retirement board shall fix and determine the time when and the conditions under which the payments shall be made.

History of Section. P.L. 1948, ch. 2101, § 3; P.L. 1951, ch. 2830, § 6; G.L. 1956, § 16-16-6 ; P.L. 1963, ch. 189, § 1; P.L. 1967, ch. 158, § 1; P.L. 1970, ch. 112, art. 8, § 1; P.L. 1972, ch. 92, § 1; P.L. 1981, ch. 14, § 1; P.L. 1982, ch. 288, § 1; P.L. 1983, ch. 288, § 1; P.L. 1999, ch. 487, § 1; P.L. 2008, ch. 100, art. 38, § 3.

16-16-6.1. Credit for service outside state.

1. In determining the creditable service of any teacher employed in any city or town for the purpose of retirement, there may be added to, and included in, total service as defined in this chapter not more than five (5) years of service as a teacher in the public school outside this state; provided, however, this service shall not be counted as creditable service unless the member shall pay into the retirement system a contribution equal to the full actuarial value of each year of credit for which application is made based upon the teacher’s compensation at the time he or she makes application to purchase credit for each year of service for which he or she claims credit.
2. Credit for service outside the state which is purchased under paragraph (a) above may also be used for retirement purposes under the provisions of subsection (a) for teachers who retire on ordinary disability under § 16-16-14 provided these teachers have at least ten (10) years creditable service within the state.
3. The term “outside this state” means service in any state college, university, school, or public school in any other state of the United States, or in any territory or possession of the United States, including the Philippine Islands, or in any school under the jurisdiction of the United States government.
4. The retirement board shall fix and determine by rules and regulations the time when and the conditions under which payments shall be made.

History of Section. P.L. 1970, ch. 112, art. 8, § 3; P.L. 1972, ch. 92, § 1; P.L. 1979, ch. 346, §§ 1, 2; P.L. 1981, ch. 14, § 1; P.L. 1982, ch. 288, § 1; P.L. 1999, ch. 487, § 1; P.L. 2001, ch. 86, § 36; P.L. 2011, ch. 408, § 10; P.L. 2011, ch. 409, § 10.

16-16-6.2. Service credit for appropriate work experience — Contributions.

1. In determining the creditable service of any vocational education teacher employed in any city or town or by the state for the purpose of retirement or a service retirement allowance (not including a deferred retirement allowance), there may be added to, and included in, total service as defined in this chapter not more than five (5) years of “appropriate work experience” pursuant to § 16-60-4(9)(ii). This service shall not be counted as creditable service unless the member shall pay into the retirement system a contribution equal to the full actuarial costs for each year of service for which he or she claims credit.
2. Credit for “appropriate work experience” which is purchased under paragraph (a) above may also be used for retirement purposes under the provisions of subsection (a) for teachers who retire on ordinary disability under § 16-16-14 , provided those teachers have at least ten (10) years’ creditable service.
3. The term “appropriate work experience” means service in any industry, business, or other appropriate enterprise for which certification credit has been given pursuant to the “standards and qualifications for certification of teachers” as provided in § 16-60-4(9)(ii).

History of Section. P.L. 1982, ch. 102, § 1; P.L. 1985, ch. 435, § 1; P.L. 1986, ch. 497, § 1; P.L. 1987, ch. 434, § 1; P.L. 1987, ch. 599, § 1; P.L. 2001, ch. 86, § 36; P.L. 2011, ch. 408, § 10; P.L. 2011, ch. 409, § 10.

16-16-6.3. Repealed.

History of Section. P.L. 1984, ch. 413, § 1; P.L. 1986, ch. 198, § 10; Repealed by P.L. 1992, ch. 306, art. 2, § 2, effective January 1, 1993.

16-16-6.4. Service credit for appropriate work experience — Certified nurse teachers — Contributions.

1. In determining the creditable service of any certified nurse teacher employed by the state or by any city or town for the purpose of retirement or a service retirement allowance (not including a deferred retirement allowance), there may be added to, and included in, total service as defined in this chapter not more than four (4) years of “appropriate work experience.” The service shall not be counted as creditable service unless the member shall pay into the retirement system a contribution equal to the full actuarial costs for each year of the service for which the member claims credit.
2. Credit for “appropriate work experience” which is purchased under paragraph (a) above may also be used for retirement purposes under the provisions of subsection (a) for certified nurse teachers who retire on ordinary disability under § 36-10-13 or § 16-16-14 , provided the certified nurse teachers have at least ten (10) years’ creditable service.
3. The term “appropriate work experience” for the purposes of a certified nurse teacher means service in any industry, business, or other appropriate enterprise where a member has worked as a registered nurse and for which no credit for the purposes of retirement has been granted for either teaching in a school of nursing or for any other appropriate work experience; provided, however, that no member shall be allowed credit for more than a total of four (4) years of service credit.

History of Section. P.L. 1987, ch. 591, § 1; P.L. 1989, ch. 538, § 1; P.L. 2001, ch. 86, § 36; P.L. 2011, ch. 408, § 10; P.L. 2011, ch. 409, § 10.

16-16-7. Credit for military leave.

Any teacher who has been granted or shall be granted an official leave of absence by his or her superiors to enter the armed services of the United States shall have his or her service counted in his or her years of teaching, and his or her leave of absence shall in no way interrupt the continuity of his or her teaching service which for the purpose of computing retirement benefits under the state retirement system shall be deemed to be continuous service, provided the teacher was teaching for a minimum of six (6) months immediately prior to entry into the armed services and returned or returns to active teaching within one year following the date of his or her honorable discharge from the armed services, but in no event shall the credit exceed a maximum of four (4) years.

History of Section. P.L. 1948, ch. 2101, § 3; P.L. 1951, ch. 2830, § 6; G.L. 1956, § 16-16-7 ; P.L. 1972, ch. 252, § 1; P.L. 1981, ch. 348, § 2.

16-16-7.1. Armed service credit.

1. Any active teacher who served on active duty in the armed service of the United States or in the merchant marine service of the United States as defined in § 2 of Chapter 1721 of the Public Laws, 1946, may purchase credit for that service up to a maximum of four (4) years; provided that he or she has received an honorable discharge; provided further, that any teacher on an official leave of absence for illness or injury shall be eligible to purchase military credits as defined herein while on that leave of absence.
2. The cost to purchase these credits shall be ten percent (10%) of the member’s first year’s earnings as a teacher as defined in § 16-16-1 of this title, multiplied by the number of years and fraction of the years of the armed service up to a maximum of four (4) years.
3. There will be no interest charged provided the teacher makes that purchase during his or her first five (5) years of membership in the retirement system, but will be charged regular interest to date of purchase from date of enrollment into membership, if purchased after completing five (5) years of membership; provided, however, any teacher who was in the retirement system prior to July 1, 1980, would not be charged interest whenever he or she purchases the armed services credit.

History of Section. P.L. 1980, ch. 173, § 4; P.L. 1981, ch. 344, § 1; P.L. 1984, ch. 425, § 2; P.L. 1986, ch. 463, § 2; P.L. 1988, ch. 510, § 2; P.L. 1992, ch. 306, art. 2, § 3; P.L. 1997, ch. 169, § 1.

16-16-7.2. Peace corps, teacher corps, and volunteers in service to America — Credit.

1. Any active teacher who served in the peace corps, teacher corps, or in volunteers in service to America may purchase credit for that service, up to a maximum of four (4) years. Any teacher on an official leave of absence for illness or injury shall be eligible to purchase the credits while on the leave of absence.
2. The cost to purchase these credits shall be the full actuarial cost as defined in § 36-8-1(10) .

History of Section. P.L. 1985, ch. 423, § 1; P.L. 1988, ch. 524, § 1; P.L. 1989, ch. 473, § 2; P.L. 1992, ch. 306, art. 2, § 3; P.L. 2009, ch. 68, art. 7, § 4; P.L. 2011, ch. 408, § 10; P.L. 2011, ch. 409, § 10.

16-16-8. Credit for service as a state or municipal employee.

Any member who shall have rendered service as a state employee as defined by the provisions of chapter 17 of this title and chapters 8 — 10 of title 36 or who shall have rendered service as an employee of a participating municipality, as defined by chapter 21 of title 45, shall be entitled to credit for his or her service for the various purposes of this system, provided the member shall have been a contributing member for that period. All contributions made by the member shall be transferred in toto to this system for the periods of service and the retirement system shall calculate the full actuarial value of the accrued benefit with the former employer. If the full actuarial value of the accrued benefit with the former employer is greater than the total employee contributions transferred, the retirement system shall also transfer the difference between full actuarial value of the accrued benefit with the former employer and the employee’s contributions from the account of the former employer to the account of the current employer. In any case in which a member shall have received a refund or refunds of contributions made to the system, the allowance of the credit for service shall be conditioned upon the repayment of the full actuarial cost as defined in § 36-8-1(10) . Any service as defined in this section for which no contributions were made may be granted provided the member pays to the retirement system the full actuarial cost as defined in § 36-8-1(10) . The retirement board shall fix and determine the rules and regulations needed to govern the provisions of this section.

History of Section. P.L. 1948, ch. 2101, § 3; P.L. 1951, ch. 2830, § 6; G.L. 1956, § 16-16-8 ; P.L. 1970, ch. 112, art. 9, § 2; P.L. 1996, ch. 435, § 2; P.L. 1998, ch. 70, § 3; P.L. 1998, ch. 291, § 3; P.L. 2009, ch. 68, art. 7, § 4; P.L. 2011, ch. 408, § 10; P.L. 2011, ch. 409, § 10.

16-16-8.1. Purchase of service credits payable by installment.

Notwithstanding any other provisions of this chapter or of any other public or general law to the contrary, the retirement board shall permit individuals who purchase service credit to do so in installments. The retirement board shall create, by rule and regulation, provisions allowing that individuals purchasing service credit may do so on an installment plan by payroll deduction not to exceed five (5) years, provided that all purchases must be made prior to retirement. The retirement board shall charge interest at the actuarial assumed rate of return adopted by the board for purchases made on an installment plan.

History of Section. P.L. 2001, ch. 193, § 1; P.L. 2001, ch. 269, § 1.

16-16-9, 16-16-10. Repealed.

History of Section. P.L. 1948, ch. 2101, § 3; P.L. 1951, ch. 2830, § 6; G.L. 1956, §§ 16-16-9 , 16-16-10; P.L. 1961, ch. 121, § 1; Repealed by P.L. 1992, ch. 306, art. II, § 2, effective January 1, 1993.

16-16-11. Benefits payable — Survivor’s benefits.

1. The benefits payable to teachers under this chapter shall be those benefits provided in chapter 10 of title 36 and as provided in this chapter with and subject, however, to the conditions and modifications set forth in §§ 16-16-12 through 16-16-14 , and also the benefits provided in subsection (b) of this section.
2. If the teacher member of the retirement system dies, either prior to or after his or her effective date of retirement, any amounts credited to him or her in the teachers’ survivors benefit fund, as provided in this chapter, with regular accumulated interest on the amount, shall be applied toward the financing of those benefits for dependents and survivors of the member as defined in this chapter, and in amounts provided in this chapter.

History of Section. P.L. 1948, ch. 2101, § 4; G.L. 1956, § 16-16-11 ; P.L. 1962, ch. 212, § 1.

16-16-12. Procedure for service retirement.

Retirement of a member on a service retirement allowance shall be made by the retirement board as follows:

1. 1. Any member may retire upon his or her written application to the retirement board as of the first day of the calendar month in which the application was filed, provided the member was separated from service prior to filing the application, and further provided however, that if separation from service occurs during the month in which the application is filed, the effective date shall be the first day following the separation from service, and provided further that the member on retirement date has attained the age of sixty (60) years and has completed at least ten (10) years of contributory service on or before July 1, 2005, or regardless of age has completed twenty-eight (28) years of total service and has completed at least ten (10) years of contributory service on or before July 1, 2005, and who retire before October 1, 2009, or are eligible to retire as of September 30, 2009.
   2. For teachers who become eligible to retire on or after October 1, 2009, and prior to July 1, 2012, benefits are available to teachers who have attained the age of sixty-two (62) and completed at least ten (10) years of contributory service. For teachers in service as of October 1, 2009, who were not eligible to retire as of September 30, 2009, but became eligible to retire prior to July 1, 2012, the minimum retirement age of sixty-two (62) will be adjusted downward in proportion to the amount of service the member has earned as of September 30, 2009. The proportional formula shall work as follows:
      1. The formula shall determine the first age of retirement eligibility under the laws in effect on September 30, 2009, which shall then be subtracted from the minimum retirement age of sixty-two (62).
      2. The formula shall then take the teacher’s total service credit as of September 30, 2009, as the numerator and the years of service credit determined under (A) as the denominator.
      3. The fraction determined in (B) shall then be multiplied by the age difference in (1) to apply a reduction in years from age sixty-two (62).
2. 1. Any member, who has not completed at least ten (10) years of contributory service on or before July 1, 2005, may retire upon his or her written application to the retirement board as of the first day of the calendar month in which the application was filed; provided, the member was separated from service prior thereto; and further provided, however, that if separation from service occurs during the month in which application is filed, the effective date shall be the first day following that separation from service; provided, the member on his or her retirement date had attained the age of fifty-nine (59) and had completed at least twenty-nine (29) years of total service; or provided, that the member on his or her retirement date had attained the age of sixty-five (65) and had completed at least ten (10) years of contributory service; or provided, that the member on his or her retirement date had attained the age of fifty-five (55) and had completed twenty (20) years of total service and provided, that the retirement allowance, as determined according to the formula in § 16-16-13 is reduced actuarially for each month that the age of the member is less than sixty-five (65) years and who retire before October 1, 2009, or are eligible to retire as of September 30, 2009.
   2. For teachers who become eligible to retire on or after October 1, 2009, and prior to July 1, 2012, benefits are available to teachers who have attained the age of sixty-two (62) and have completed at least twenty-nine (29) years of total service or have attained the age of sixty-five (65) and completed at least ten (10) years of contributory service. For teachers in service as of October 1, 2009, who were not eligible to retire as of September 30, 2009, but become eligible to retire prior to July 1, 2012, who have a minimum retirement age of sixty-two (62), the retirement age will be adjusted downward in proportion to the amount of service the member has earned as of September 30, 2009. The proportional formula shall work as follows:
      1. The formula shall determine the first age of retirement eligibility under the laws in effect on September 30, 2009, which shall then be subtracted from the minimum retirement age of sixty-two (62).
      2. The formula shall then take the teacher’s total service credit as of September 30, 2009, as the numerator and the years of service credit determined under (A) as the denominator.
      3. The fraction determined in (B) shall then be multiplied by the age difference determined in (A) to apply a reduction in years from age sixty-two (62).
3. Effective July 1, 2012, the following shall apply to all teachers not eligible to retire prior to July 1, 2012:
   1. A teacher with contributory service on or after July 1, 2012, shall be eligible to retire upon the completion of at least five (5) years of contributory service and attainment of the teacher’s Social Security retirement age.
   2. For teachers with five (5) or more years of contributory service as of June 30, 2012, with contributory service on and after July 1, 2012, who have a retirement age of Social Security Retirement Age, the retirement age will be adjusted downward in proportion to the amount of service the teacher has earned as of June 30, 2012, but in no event shall a teacher’s retirement age under this subparagraph (ii) be prior to the attainment of age fifty-nine (59) or prior to the teacher’s retirement age determined under the laws in effect on June 30, 2012. The proportional formula shall work as follows:
      1. The formula shall determine the first age of retirement eligibility under the laws in effect on June 30, 2012, which shall then be subtracted from Social Security retirement age;
      2. The formula shall then take the teacher’s total service credit as of June 30, 2012, as the numerator and the projected service at retirement age in effect on June 30, 2012, as the denominator;
      3. The fraction determined in (2) shall then be multiplied by the age difference determined in (1) to apply a reduction in years from Social Security retirement age. (iii) Effective July 1, 2015, a teacher who has completed twenty (20) or more years of total service and who has attained an age within five (5) years of the eligible retirement age under subdivisions (c)(i) or (c)(ii) above or subsection (d) below, may elect to retire provided that the retirement allowance shall be reduced actuarially for each month that the age of the teacher is less than the eligible retirement age under subdivisions (c)(i) or (c)(ii) above or subsection (d) below in accordance with the following table: Click to view (iv) Notwithstanding any other provisions of section § 16-16-12(c) , a teacher who has completed ten (10) or more years of contributory service as of June 30, 2012, may elect to retire at his or her eligible retirement date as determined under subsections (a) and (b) above provided that a teacher making an election under this paragraph shall receive the teacher’s retirement benefit determined and calculated based on the teacher’s service and average compensation as of June 30, 2012. This provision shall be interpreted and administered in a manner to protect a teacher’s accrued benefit on June 30, 2012. (d) Notwithstanding any other provisions of subsection (c) above, effective July 1, 2015, teachers in active service shall be eligible to retire upon the earlier of:
         1. The attainment of at least age sixty-five (65) and the completion of at least thirty (30) years of total service, or the attainment of at least age sixty-four (64) and the completion of at least thirty-one (31) years of total service, or the attainment of at least age sixty-three (63) and the completion of at least thirty-two (32) years of total service, or the attainment of at least age sixty-two (62) and the completion of at least thirty-three (33) years of total service; or
         2. The teacher’s retirement eligibility date under subsections (c)(i) or (c)(ii) above. (e) Except as specifically provided in §§ 36-10-9.1 , 36-10-12 through 36-10-15 , and 45-21-19 through 45-21-22 , no member shall be eligible for pension benefits under this chapter unless
            1. The member shall have been a contributing member of the employees’ retirement system for at least ten (10) years; or
            2. For teachers in active contributory service on or after July 1, 2012, the teacher shall have been a contributing member of the employees’ retirement system for at least five (5) years. (2) Provided, however, a person who has ten (10) years service credit shall be vested; provided that for teachers in active contributory service on or after July 1, 2012, a teacher who has five (5) years of contributory service shall be vested. (3) Furthermore, any past service credits purchased in accordance with § 36-9-38 shall be counted towards vesting.
      4. Any person who becomes a member of the employees’ retirement system pursuant to § 45-21-8 shall be considered a contributing member for the purpose of chapter 21 of title 45 and this chapter.
      5. Notwithstanding any other provision of law, no more than five (5) years of service credit may be purchased by a member of the system. The five (5) year limit shall not apply to any purchases made prior to January 1, 1995. A member who has purchased more than five (5) years of service credit before January 1, 1995, shall be permitted to apply the purchases towards the member’s service retirement. However, no further purchase will be permitted.
      6. Notwithstanding any other provision of law, effective July 1, 2012, except for purchases under §§ 16-16-7.1 , 36-5-3 , 36-9-31 , 36-10-10.4 , and 45-21-53 :
         1. For service purchases for time periods prior to a teacher’s initial date of hire, the purchase must be made within three (3) years of the teacher’s initial date of hire; and
         2. For service purchases for time periods for official periods of leave as authorized by law, the purchase must be made within three (3) years of the time the official leave was concluded by the teacher. Notwithstanding paragraphs (i) and (ii) above, service purchases from time periods prior to June 30, 2012, may be made on or prior to June 30, 2015. (f) No member of the teachers’ retirement system shall be permitted to purchase service credits for casual or seasonal employment, for employment as a temporary or emergency employee, a page in the general assembly, or for employment at any state college or university while the employee is a student or graduate of the college or university. (g) Except as specifically provided in §§ 16-16-6.2 and 16-16-6.4 , a member shall not receive service credit in this retirement system for any year or portion of a year which counts as service credit in any other retirement system in which the member is vested or from which the member is receiving a pension and/or any annual payment for life. This subsection shall not apply to any payments received pursuant to the federal Social Security Act, 42 U.S.C. § 301 et seq. (h) A member who seeks to purchase or receive service credit in this retirement system shall have the affirmative duty to disclose to the retirement board whether or not he or she is a vested member in any other retirement system and/or is receiving a pension, retirement allowance, or any annual payment for life. The retirement board shall have the right to investigate as to whether or not the member has utilized the same time of service for credit in any other retirement system. The member has an affirmative duty to cooperate with the retirement board including, by way of illustration and not by way of limitation, the duty to furnish or have furnished to the retirement board any relevant information that is protected by any privacy act. (i) A member who fails to cooperate with the retirement board shall not have the time of service credit counted toward total service credit until the time the member cooperates with the retirement board and until the time the retirement board determines the validity of the service credit. (j) A member who knowingly makes a false statement to the retirement board regarding service time or credit shall not be entitled to a retirement allowance and is entitled only to the return of his or her contributions without interest.

Year Preceding Cumulative Annual Cumulative Monthly Retirement Reduction Reduction For Year 1 9% .75% For Year 2 8% .667% For Year 3 7% .583% For Year 4 7% .583% For Year 5 7% .583%

History of Section. P.L. 1948, ch. 2101, § 4; P.L. 1951, ch. 2830, § 7; P.L. 1955, ch. 3609, § 1; G.L. 1956, § 16-16-12 ; P.L. 1962, ch. 141, § 1; P.L. 1962, ch. 143, § 3; P.L. 1963, ch. 65, § 1; P.L. 1970, ch. 112, art. 2, § 2; P.L. 1970, ch. 112, art. 4, § 2; P.L. 1972, ch. 81, § 1; P.L. 1973, ch. 145, § 2; P.L. 1982, ch. 457, § 1; P.L. 1984, ch. 331, § 1; P.L. 1987, ch. 520, § 1; P.L. 1989, ch. 126, art. 55, § 1; P.L. 1992, ch. 306, art. 2, § 3; P.L. 1993, ch. 231, § 3; P.L. 1994, ch. 139, § 3; P.L. 2005, ch. 117, art. 7, § 1; P.L. 2009, ch. 68, art. 7, § 4; P.L. 2010, ch. 239, § 1; P.L. 2011, ch. 408, § 10; P.L. 2011, ch. 409, § 10; P.L. 2015, ch. 141, art. 21, § 11.

16-16-12.1. Repealed.

History of Section. P.L. 1981, ch. 180, § 2; Repealed by P.L. 1992, ch. 306, art. 2, § 2, effective January 1, 1993.

16-16-13. Amount of service retirement allowance.

1. 1. (i) For teachers eligible to retire on or before September 30, 2009, upon retirement from service under § 16-16-12 a teacher whose membership commenced before July 1, 2005, and who has completed at least ten (10) years of contributory service on or before July 1, 2005, shall, receive a retirement allowance which shall be determined in accordance with schedule A for service prior to July 1, 2012.
   2. Upon retirement from service under § 16-16-12 a teacher whose membership commenced after July 1, 2005, or who has not completed at least ten (10) years of contributory service as of July 1, 2005, shall receive a retirement allowance which shall be determined in accordance with Schedule B for service prior to July 1, 2012. Click to view
   Click to view (ii) For teachers eligible to retire on or after October 1, 2009, who were not eligible to retire on or before September 30, 2009, upon retirement for service under § 16-16-12, a teacher whose membership commenced before July 1, 2005, and who has completed at least ten (10) years of contributory service on or before July 1, 2005, shall receive a retirement allowance which shall be determined in accordance with schedule A above for service on before September 30, 2009, and shall be determined in accordance with schedule B in subsection (a)(2) below for service on or after October 1, 2009, and prior to July 1, 2012:
2. The retirement allowance of any teacher whose membership commenced before July 1, 2005, and who has completed at least ten (10) years of contributory service on or before July 1, 2005, shall be in an amount equal to the percentage allowance specified in subsection (a)(1) of his or her average highest three (3) consecutive years of compensation multiplied by the number of years of total service, but in no case to exceed eighty percent (80%) of the compensation, payable at completion of thirty-five (35) years of service; provided, however, for teachers retiring on or after October 1, 2009, who were not eligible to retire as of September 30, 2009, the calculation shall be based on the average highest five (5) consecutive years of compensation.

   The retirement allowance of any teacher whose membership commenced after July 1, 2005, or who has not completed at least ten (10) years of contributory service as of July 1, 2005, shall be in an amount equal to the percentage allowance specified in Schedule B of his or her average highest three (3) consecutive years of compensation multiplied by the number of years of total service, but in no case to exceed seventy-five percent (75%) of the compensation, payable at completion of thirty-eight (38) years of service; provided, however, for teachers retiring on or after October 1, 2009, who were not eligible to retire as of September 30, 2009 the calculation shall be based on the average highest five (5) consecutive years of compensation.

   Any teacher who has in excess of thirty-five (35) years on or before June 2, 1985, shall not be entitled to any refund, and any teacher with thirty-five (35) years or more on or after June 2, 1985, shall contribute from July 1, 1985, until his or her retirement.

3. For service prior to July 2012, the retirement allowance of a teacher shall be determined in accordance with subsections (a)(1) and (a)(2) above. For service on and after July 1, 2012:
   1. For teachers with fewer than twenty (20) years of total service as of June 30, 2012, a teacher’s retirement allowance shall be equal to one percent (1%) of the teacher’s average compensation multiplied by the teacher’s years of total service on and after July 1, 2012; and
   2. For teachers with twenty (20) or more years of total service as of June 30, 2012, a teacher’s retirement allowance shall be equal to one percent (1%) of the teacher’s average compensation multiplied by the teacher’s years of total service between July 1, 2012, and June 30, 2015, and two percent (2%) of the teacher’s average compensation multiplied by the teacher’s years of total service on and after July 1, 2015. For purposes of computing a teacher’s total service under the preceding sentence, service purchases shall be included in total service only with respect to those service purchases approved prior to June 30, 2012, and those applications for service purchases received by the retirement system on or before June 30, 2012. In no event shall a teacher’s retirement allowance exceed the maximum limitations set forth in subsection (b) above.

SCHEDULE A YEARS OF SERVICE PERCENTAGE ALLOWANCE 1st through 10th inclusive 1.7% 11th through 20th inclusive 1.9% 21st through 34th inclusive 3.0% 35th 2.0%

SCHEDULE B YEARS OF SERVICE PERCENTAGE ALLOWANCE 1st through 10th inclusive 1.60% 11th through 20th inclusive 1.80% 21st through 25th inclusive 2.0% 26th through 30th inclusive 2.25% 31st through 37th inclusive 2.50% 38th 2.25%

History of Section. P.L. 1948, ch. 2101, § 4; P.L. 1950, ch. 2607, § 2; P.L. 1951, ch. 2830, § 7; G.L. 1956, § 16-16-13 ; P.L. 1970, ch. 112, art. 1, § 2; P.L. 1985, ch. 331, § 1; P.L. 1989, ch. 476, § 1; P.L. 1992, ch. 306, art. 2, § 3; P.L. 2005, ch. 117, art. 7, § 1; P.L. 2009, ch. 68, art. 7, § 4; P.L. 2011, ch. 408, § 10; P.L. 2011, ch. 409, § 10; P.L. 2015, ch. 141, art. 21, § 12.

16-16-13.1. Teachers with more than 30 years of service — Amount of service retirement allowance — Minimum and maximum limitations.

In the case of any teacher who is a member of the employees’ retirement system of the state created by chapter 8 of title 36 who, at the time of retirement, has had at least thirty (30) years or more of total service, the teacher shall receive an annual retirement allowance of not less than thirty-four hundred dollars ($3,400) per year with an additional increment of two hundred dollars ($200) for each additional year of service up through a total of thirty-eight (38) years to a maximum of five thousand dollars ($5,000); provided that this section shall not apply in the case of any teacher who has elected an option for payment of pension and has thereby reduced the amount received to less than the amounts set forth in this section.

History of Section. P.L. 1978, ch. 390, § 1.

16-16-14. Retirement for ordinary disability.

1. Application for ordinary disability may be made by a teacher, his or her department head, or a person acting in the teacher’s behalf, while in active service or on leave of absence for illness, provided that the teacher has had five (5) or more years of total service of which at least three (3) consecutive years shall have been as a teacher, and the teacher is not entitled to a regular service retirement allowance. A statement from a physician shall accompany the application stating that the teacher is physically or mentally incapacitated for the performance of duty and that he or she should be retired.
2. A medical examination of the teacher shall be made by three (3) physicians engaged by the retirement board for this purpose, and should the medical examination show that the teacher is physically or mentally incapacitated for the performance of duty and ought to be retired, the physicians shall so report and certify to the retirement board and the retirement board, may retire the teacher for ordinary disability.
3. The retirement board shall establish uniform eligibility requirements, standards, and criteria for ordinary disability which shall apply to all members who make application for retirement for ordinary disability.

History of Section. P.L. 1992, ch. 306, art. 2, § 4.

16-16-15. Amount of ordinary disability benefit.

Upon retirement for ordinary disability under § 16-16-14 , a teacher shall receive a benefit equal to the rate prescribed for service retirement under § 16-16-13 subject to the provisions of § 16-16-20 ; provided, however, that no teacher retiring with less than ten (10) years of total service shall receive a benefit less than he or she would have received if he or she had ten (10) years of total service.

History of Section. P.L. 1992, ch. 306, art. 2, § 4; P.L. 1993, ch. 360, § 2.

16-16-16. Retirement for accidental disability.

1. Medical examination of an active teacher for accidental disability, and investigation of all statements and certificates by him or her or in his or her behalf in connection with the accidental disability, shall be made upon the application of the head of the department in which the teacher is employed or upon application of the teacher, or of a person acting in his or her behalf, stating that the teacher is physically or mentally incapacitated for the performance of service as a natural and proximate result of an accident, while in the performance of duty, and certify the definite time, place, and conditions of the duty performed by the teacher resulting in the alleged disability, and that the alleged disability is not the result of willful negligence or misconduct on the part of the teacher, and is not the result of age or length of service, and that the teacher should, therefore, be retired.
2. The application shall be made within five (5) years of the alleged accident from which the injury has resulted in the teacher’s present disability, and shall be accompanied by an accident report and a physician’s report certifying to the disability; provided, that, if the teacher was able to return to his or her employment and subsequently reinjures or aggravates the same injury, the application shall be made within the later of five (5) years of the alleged accident or three (3) years of the reinjury or aggravation. The application may also state that the teacher is permanently and totally disabled from any employment.
3. If a medical examination conducted by three (3) physicians engaged by the retirement board, and any investigation that the retirement board may desire to make, shall show that the teacher is physically or mentally incapacitated for the performance of service as a natural and proximate result of an accident, while in the performance of duty, and that the disability is not the result of willful negligence or misconduct on the part of the teacher, and is not the result of age or length of service, and that the teacher has not attained the age of sixty-five (65) years, and that the teacher should be retired, the physicians who conducted the examination shall so certify to the retirement board stating the time, place, and conditions of service performed by the teacher resulting in the disability, and the retirement board may grant the teacher an accidental disability benefit.
4. The retirement board shall establish uniform eligibility requirements, standards, and criteria for accidental disability which shall apply to all members who make application for accidental disability benefits.

History of Section. P.L. 1992, ch. 306, art. 2, § 4; P.L. 2009, ch. 68, art. 7, § 4.

16-16-17. Amount of accidental disability benefit.

1. For disability applications submitted on or before September 30, 2009, upon retirement for accidental disability under § 16-16-16 a teacher shall receive a benefit that shall be equal to sixty-six and two-thirds percent (662/3%) of his or her annual compensation at the time of his or her retirement, subject to the provisions of § 16-16-20 .
2. Upon any application for accidental disability submitted after October 1, 2009, if the teacher has been found to be permanently and totally disabled from service but has not been found by the board to be permanently and totally disabled from any employment as a result of his/her accidental disability, a teacher shall receive a retirement allowance equal to fifty percent (50%) of the rate of the teacher’s compensation at the date of the teacher’s retirement subject to the provisions of § 16-16-20 . The retiree shall, as a condition of continued receipt of a disability retirement allowance, on or before a date fixed by the retirement board, annually under penalties of perjury provide the board with such affidavits and accurate evidence of earnings, employment and gainful activity as the board may require, including, but not limited to, joint and/or individual tax returns. Payment of the disability retirement allowance shall continue as long as the individual remains disabled, and regardless of service or age. Upon retirement for accidental disability that has been found by the board to be permanently and totally disabling from any employment, a teacher shall receive a retirement allowance equal to sixty-six and two-thirds percent (662/3%) of the rate of the teacher’s compensation at the date of the teacher’s retirement subject to the provisions of § 16-16-20 . The retirement board shall apply the terms of subsection 28-33-17(b) in determining total disability.

History of Section. P.L. 1992, ch. 306, art. 2, § 4; P.L. 2009, ch. 68, art. 7, § 4.

16-16-18. Disability benefits pending final decision on application.

Notwithstanding any of the provisions of chapters 3 and 4 of title 36, and/or any existing regulations of the director of administration or the state retirement board, the state retirement board shall accord to a teacher, so entitled under present existing regulations, the minimum retirement benefits pending a decision upon any disability retirement of the teacher; provided, however, the granting of the minimum retirement shall not estop the teacher, so claiming disability, from any disability retirement consideration by the board.

History of Section. P.L. 1992, ch. 306, art. 2, § 4.

16-16-19. Reexamination of disability beneficiaries — Reduction of benefit — Reinstatement to active service.

Once each year the retirement board may, and upon his or her application shall, require any disability beneficiary under the minimum age of service retirement to undergo a medical examination, the examination to be made at the place of residence of the beneficiary, or other place mutually agreed upon, by a physician or physicians engaged by the retirement board. If the examination indicates that the beneficiary is able to engage in a gainful occupation, his or her name shall be placed on appropriate lists of candidates prepared for appointment to positions in his or her department or agency for which he or she is stated to be qualified, of a salary grade not exceeding that from which he or she was last retired. Should the beneficiary be engaged in a gainful occupation or should he or she be offered service as a result of the placing of his or her name on a list of candidates, the retirement board shall adjust, and, from time to time readjust, the amount of his or her disability benefit to an amount which shall not exceed the rate of benefit upon which he or she was originally retired, and which, when added to the amount then earnable by him or her, shall not exceed his or her rate of annual compensation currently for the classification that the disability annuitant held prior to retirement. Should any disability beneficiary under the minimum age of service retirement refuse to submit to one medical examination in any year by a physician or physicians designated by the retirement board, his or her benefit shall be discontinued until his or her withdrawal of the refusal, and should his or her refusal continue for one year, all his or her rights in and to the benefit shall be revoked by the retirement board. A disability beneficiary, reinstated to active service, shall be reinstated as a member and participate in the rights of the retirement system, to the same extent as any other teacher.

History of Section. P.L. 1992, ch. 306, art. 2, § 4.

16-16-20. Deduction of amounts received from workers’ compensation or as damages.

Any amount paid or payable under the provisions of any workers’ compensation law, or as the result of any action for damages for personal injuries against the state, on account of the death or disability of a teacher, shall be offset against and payable in lieu of any benefits payable out of funds provided by the state under the provisions of this chapter on account of the death or disability of the teacher. If the value of the total commuted benefits under any workers’ compensation law or action is less than the present value on an actuarial basis of the benefits otherwise payable under this chapter, the value of the commuted payments shall be deducted from the present value of the benefits, and the balance thereof shall be payable under the provisions of this chapter.

History of Section. P.L. 1992, ch. 306, art. 2, § 4.

16-16-21. Repealed.

History of Section. P.L. 1948, ch. 2101, §§ 4, 5; P.L. 1952, ch. 3000, § 3; G.L. 1956, §§ 16-16-15 — 16-16-21 ; Repealed by P.L. 1980, ch. 169, § 1.

16-16-22. Contributions to state system.

1. Prior to July 1, 2012, each teacher shall contribute into the system nine and one-half percent (9.5%) of compensation as his or her share of the cost of annuities, benefits, and allowances. Effective July 1, 2012, each teacher shall contribute an amount equal to three and three quarters percent (3.75%) of his or her compensation. Effective July 1, 2015, each teacher with twenty (20) or more years of total service as of June 30, 2012, shall contribute an amount equal to eleven percent (11%) of his or her compensation. The employer contribution on behalf of teacher members of the system shall be in an amount that will pay a rate percent of the compensation paid to the members, according to the method of financing prescribed in the state retirement act in chapters 8 — 10 and 10.3 of title 36. This amount shall be paid forty percent (40%) by the state and sixty percent (60%) by the city, town, local educational agency, or any formalized commissioner-approved cooperative service arrangement by whom the teacher members are employed, with the exception of teachers who work in federally funded projects and further with the exception of any supplemental contributions by a local municipality employer under chapter 10.3 of title 36 which supplemental employer contributions shall be made wholly by the local municipality. Provided, however, that the rate percent paid shall be rounded to the nearest hundredth of one percent (.01%).
2. The employer contribution on behalf of teacher members of the system who work in fully or partially federally funded programs shall be prorated in accordance with the share of the contribution paid from the funds of the federal, city, town, or local educational agency, or any formalized commissioner-approved cooperative service arrangement by whom the teacher members are employed.
3. In case of the failure of any city, town, or local educational agency, or any formalized commissioner-approved cooperative service arrangement, to pay to the state retirement system the amounts due from it under this section within the time prescribed, the general treasurer is authorized to deduct the amount from any money due the city, town, or local educational agency from the state.
4. The employer’s contribution shared by the state shall be paid in the amounts prescribed in this section for the city, town, or local educational agency and under the same payment schedule. Notwithstanding any other provisions of this chapter, the city, town, or local educational agency or any formalized commissioner-approved cooperative service arrangement shall remit to the general treasurer of the state the local employer’s share of the teacher’s retirement on the date contributions are withheld but no later than three (3) business days following the pay period ending in which contributions were withheld. The amounts that would have been contributed shall be deposited by the state in a special fund and not used for any purpose. The general treasurer, upon receipt of the local employer’s share, shall effect transfer of a matching amount of money from the state funds appropriated for this purpose by the general assembly into the retirement fund.

   Upon reconciliation of the final amount owed to the retirement fund for the employer share, the state shall ensure that any local education aid reduction assumed for the FY 2010 revised budget in excess of the actual savings is restored to the respective local entities.

5. This section is not subject to §§ 45-13-7 through 45-13-10 .

History of Section. P.L. 1948, ch. 2101, § 6; P.L. 1949, ch. 2375, § 1; P.L. 1951, ch. 2830, § 8; G.L. 1956, § 16-16-22 ; P.L. 1958, ch. 79, § 1; P.L. 1976, ch. 289, § 4; P.L. 1978, ch. 168, § 2; P.L. 1979, ch. 332, § 1; P.L. 1980, ch. 146, § 1; P.L. 1980, ch. 175, § 1; P.L. 1981, ch. 16, § 1; P.L. 1982, ch. 97, § 1; P.L. 1985, ch. 331, § 1; P.L. 1988, ch. 509, § 2; P.L. 1989, ch. 126, art. 29, § 1; P.L. 1991, ch. 6, art. 7, § 4; P.L. 1995, ch. 370, art. 15, § 1; P.L. 2001, ch. 86, § 36; P.L. 2009, ch. 5, art. 10, § 3; P.L. 2009, ch. 68, art. 7, § 9; P.L. 2010, ch. 9, § 2; P.L. 2010, ch. 10, § 2; P.L. 2011, ch. 408, § 10; P.L. 2011, ch. 409, § 10; P.L. 2015, ch. 141, art. 21, § 13; P.L. 2019, ch. 205, § 4; P.L. 2019, ch. 271, § 4; P.L. 2020, ch. 79, art. 2, § 7.

16-16-22.1. City or town payment of teacher member contributions.

1. Each city or town, pursuant to the provisions of § 414(h)(2) of the United States Internal Revenue Code, 26 U.S.C. § 414(h)(2), may, pursuant to appropriate local action by the city or town, pick up and pay the contributions that would be payable by the employees as teacher members under § 16-16-22 . The contributions so picked up shall be treated as employer contributions in determining tax treatment under the United States Internal Revenue Code. Employee contributions picked up pursuant to this section shall be treated and identified as teacher member contributions for all purposes of the retirement system except as specifically provided to the contrary in this section.
2. Teacher member contributions picked up by a city or town shall be paid from the same source of funds used for the payment of compensation to a teacher member. A deduction shall be made from a teacher member’s compensation equal to the amount of his or her contributions picked up by his or her city or town employer. This deduction, however, shall not reduce his or her compensation for purposes of computing benefits under the retirement system pursuant to this chapter or chapter 10 of title 36. Picked up contributions shall be transmitted to the retirement system in accordance with the provisions of § 16-16-22 and § 36-10-1 on the date contributions are withheld but no later than three (3) business days following the pay period ending in which contributions were withheld.
3. Every employer is required to deduct and withhold member contributions and to transmit same to the retirement system and is hereby made liable for the contribution. In addition, any amount of employee contributions actually deducted and withheld shall be deemed to be a special fund in trust for the benefit of the member and shall be transmitted to the retirement system as set forth herein.
4. The liability of an employer who fails to segregate these trust funds, or refuses to deduct and withhold member contributions from its employees, is enforceable by the retirement board through an appropriate action in the superior court. The general treasurer is also authorized to deduct the amount due from any money due the employer from the state.

History of Section. P.L. 1983, ch. 37, § 3; P.L. 2011, ch. 408, § 10; P.L. 2011, ch. 409, § 10; P.L. 2019, ch. 205, § 4; P.L. 2019, ch. 271, § 4.

16-16-23. Applicability of public employees’ retirement law.

Except as specifically provided otherwise in this chapter, all provisions of chapters 8 — 10 of title 36 shall extend and apply to the persons made members of the retirement system by the provisions of this chapter.

History of Section. P.L. 1948, ch. 2101, § 7; G.L. 1956, § 16-16-23 .

16-16-24. Substitute teaching and employment after retirement.

1. Any teacher or athletic coach certified pursuant to chapter 11.1 of this title, who has retired under the provisions of any law of this state, may substitute as a teacher at state schools and in the public schools of this state for a period of no more than ninety (90) days in any one school year without any forfeiture of, or reduction in, the retirement benefits and allowances the teacher is receiving, or may receive, as a retired teacher. Notice of the employment shall be sent monthly to the state retirement board by the school committee employing the teacher and by the employer and by the retired teacher at the end of each teaching assignment.
2. Any teacher or athletic coach certified pursuant to chapter 11.1 of this title, who has retired under the provisions of any law of this state, may be employed to fill a vacant position (including, but not limited to, employment as a tutor, mentor principal, or mentor assistant principal) by any state school or public school of this state for a period of no more than ninety (90) days in any one school year without any forfeiture of, or reduction in, the retirement benefits and allowances he or she is receiving, or may receive, as a retiree. Notice of the employment shall be sent monthly to the state retirement board by the employer and by the retired teacher. Provided, however, that no employment may be offered to a retiree subject to this section after July 1, 2002, unless the employer has made a good-faith effort each school year to fill the position with a nonretired employee without success, and certifies, in writing, that it has done so to the employees’ retirement system and to the bargaining agents of all education unions with whom the employer has collective-bargaining agreements.
3. Any retired teacher or athletic coach may be employed pursuant to subsections (a) and (b), but in no event shall employment exceed ninety (90) days.
4. The calculation of the ninety-day (90) period in any one school year shall be determined by either of the following methods:
   1. Three (3) hours shall constitute a half day and the number of half days shall be limited to one hundred eighty (180) half days, which shall be the equivalent of ninety (90) full days; or
   2. Each period per day shall constitute one-fifth (1/5) of a teaching day. Any teacher hired to teach two (2) periods per day shall be deemed to have worked seventy-two (72) full days per year. The computation is two-fifths times one hundred eighty (2/5 x 180) school days per year, which shall be equivalent to seventy-two (72) full days per year.
5. Any retired member of the employees retirement system of Rhode Island under title 36 or 45, who is certified as a substitute teacher, may substitute as a teacher at state schools and in the public schools of this state for a period of no more than ninety (90) days in any one school year without any forfeiture of, or reduction in, the retirement benefits and allowances the substitute teacher is receiving, or may receive, as a retiree under any title. The other provisions of subsections (b) through (d) shall also be deemed to apply.

History of Section. R.P.L. 1957, ch. 71, § 1; P.L. 1967, ch. 193, § 1; P.L. 1985, ch. 257, § 1; P.L. 1988, ch. 84, § 48; P.L. 2000, ch. 334, § 1; P.L. 2000, ch. 458, § 1; P.L. 2001, ch. 199, § 1; P.L. 2001, ch. 289, § 1; P.L. 2002, ch. 383, § 1; P.L. 2003, ch. 155, § 1; P.L. 2003, ch. 156, § 1; P.L. 2016, ch. 429, § 1; P.L. 2016, ch. 430, § 1.

16-16-24.1. Substitute teaching and post-retirement employment related to COVID-19.

1. Notwithstanding any public or general law, or rule or regulation to the contrary, any teacher, administrator, or staff member who has retired under the provisions of title 16, 36, or 45 may, as part of the public health crisis caused by COVID-19, exceed the ninety-day (90) cap on post-retirement employment upon:
   1. A determination by the local education authority that there exists a specialized need, within their authority, to fill positions on a temporary basis, that may exceed the ninety-day (90) cap on post-retirement employment;
   2. There exists a good-faith basis that those retired teachers, administrators, and staff members being asked to exceed the ninety-day (90) cap on post-retirement employment possess the skills, training, and knowledge necessary to help address the public health crisis, caused by COVID-19; and
   3. The local education authority has notified the state retirement board that it has determined that exceeding the ninety- day (90) cap on post-retirement employment is necessary to help address the public health crisis caused by COVID-19.
2. Any teacher, administrator, or staff member who has retired under the provisions of title 16, 36, or 45, and has been employed or re-employed  under the provisions of this section, shall not be entitled to additional service credits for such employment.
3. Unless extended by the general assembly, this section shall sunset upon the conclusion of the 2021-2022 school year.

History of Section. P.L. 2022, ch. 7, § 1, effective March 28, 2022; P.L. 2022, ch. 8, § 1, effective March 28, 2022.

16-16-25. Eligibility for survivor’s benefits — Payment.

A member’s dependents or survivors shall be eligible to receive the benefits provided in §§ 16-16-25 through 16-16-38 if the member shall have made regular contributions to the teachers’ survivors benefit fund as provided in § 16-16-34 for a period of at least six (6) consecutive calendar months prior to his or her death or retirement, as the case may be. These benefits shall be payable the first of the month following that month in which eligibility for the benefits occurs and shall be paid at the same time as the regular retirement allowance payments are made. No payment shall be due for the month in which ineligibility occurs. No widow’s or mother’s or domestic partner’s benefit payable under §§ 16-16-25 through 16-16-38 shall be reduced because of benefits payable to other dependents of the deceased member under the provisions of §§ 16-16-25 through 16-16-38.

History of Section. P.L. 1962, ch. 212, § 3; P.L. 1963, ch. 59, § 1; P.L. 1964, ch. 215, § 1; P.L. 1974, ch. 254, § 1; P.L. 2007, ch. 510, § 6.

16-16-26. Spouse’s or domestic partner’s benefits.

1. Spouse’s and domestic partner’s benefits are payable following the decease of a member as provided in §§ 16-16-25 — 16-16-38 .
2. The spouse or domestic partner shall be entitled to benefits upon attaining the age of sixty (60) years.
3. The spouse or domestic partner was living with the deceased member at the time of the member’s death. A spouse or domestic partner is deemed to have been living with the deceased member if they were both members of the same household on the date of the deceased member’s death, or the spouse or domestic partner was receiving regular contributions from the deceased member toward support on that date, or the deceased member had been ordered by a court to contribute to the spouse’s or domestic partner’s support.
4. Remarriage of the spouse or domestic partner or establishment of a domestic partnership shall render him or her ineligible to receive current or future benefits under this section.
5. The spouse or domestic partner of a member, as defined in this section, shall be entitled to monthly benefits payable in accordance with the following table:

   Click to view

6. A yearly cost-of-living adjustment for spouse’s or domestic partner’s benefits shall be based on the annual social security adjustment.

Spouse's or Domestic Highest Annual Partner's Monthly Salary Minimum Benefit $17,000 or less $825 $17,001 to $25,000 $963 $25,001 to $33,000 $1,100 $33,001 to $40,000 $1,238 $40,001 and over $1,375

History of Section. P.L. 1962, ch. 212, § 3; P.L. 1974, ch. 254, § 1; P.L. 1983, ch. 217, § 1; P.L. 1985, ch. 248, § 1; P.L. 1987, ch. 590, § 1; P.L. 1996, ch. 295, § 1; P.L. 2004, ch. 547, § 1; P.L. 2007, ch. 510, § 6; P.L. 2017, ch. 412, § 1; P.L. 2017, ch. 413, § 1.

16-16-27. Family benefits.

1. Family benefits shall be payable upon the decease of the member as provided in §§ 16-16-25 through 16-16-38 if at the time of the member’s death the surviving spouse or domestic partner:
   1. Has in his or her care a child of the deceased member entitled to child benefits;
   2. Is not entitled to a spouse’s or domestic partner’s benefit as provided in this chapter; and
   3. Was living with the deceased member at the time of his or her death.
2. Family benefits shall be payable in accordance with the following table. The monthly benefit shall be equal to the benefit that would be available to a spouse or domestic partner under § 16-16-26 multiplied by the following percentages: Click to view
3. Family benefits as set forth in this section are payable to the former spouse or to a former domestic partner divorced of a deceased member, if the former spouse or to a former domestic partner divorced:
   1. Has in his or her care a child of the deceased member who is his or her son, daughter, or legally adopted child entitled to child benefits payable on the basis of the deceased member’s salary;
   2. Was receiving from the deceased member, pursuant to agreement or court order, at least one-half (1/2) of his or her support at the time of the deceased member’s death;
   3. Is not entitled to a spouse’s or domestic partner’s benefit as provided in §§ 16-16-25 through 16-16-38 .
4. The family monthly benefit shall be payable in accordance with the table set forth in this section. A spouse or domestic partner who no longer qualifies for benefits under this section because his or her child or children have attained the age of eighteen (18) years or twenty-three (23) years and a full time student shall be entitled to receive monthly benefits upon attaining sixty (60) years of age in accordance with the benefits set forth in § 16-16-26 . The family benefits provided under this section shall cease upon the remarriage of the surviving spouse or domestic partner or establishment of a domestic partnership.

Parent and 1 Child Parent and 2 Children Parent and morethan 2 Children One Child Alone Two Children Alone Three or more Children Alone 150% 175% 175% 75% 150% 175%

History of Section. P.L. 1962, ch. 212, § 3; P.L. 1974, ch. 254, § 1; P.L. 1983, ch. 217, § 1; P.L. 1986, ch. 498, § 1; P.L. 1989, ch. 485, § 1; P.L. 1996, ch. 295, § 1; P.L. 2007, ch. 510, § 6.

16-16-28. Children’s benefits.

1. Children’s benefits are payable to the child, including a stepchild or adopted child of a deceased member, if:
   1. The child is unmarried and under the age of eighteen (18) years or twenty-three (23) years and a full time student, and was dependent upon the member at the time of the member’s death; or
   2. The dependent child regardless of age was under a disability which began before the child attained the age of eighteen (18) years. A child shall not be considered disabled unless proof is furnished to the retirement board.
2. 1. A child is considered dependent if living with the member at the time of the member’s death and he or she was contributing to the support of the child. If the member at the time of the member’s death was not living with the child or contributing to the child’s support, the child, if legitimate, is considered dependent upon the member unless the child:
      1. Was adopted by some other individual; or
      2. Was living with and receiving more than one-half (1/2) of his or her support from either one or both stepparents.
   2. An adopted child is considered dependent upon his or her adopting parents under the same conditions as those that apply to parents and their natural children.
3. A child is considered dependent upon either one or both stepparents at the time of the death if the child was:
   1. Living with his or her stepparent(s); or
   2. Receiving at least one-half (1/2) of his or her support from either one or both of the stepparents.

History of Section. P.L. 1962, ch. 212, § 3; P.L. 1974, ch. 254, § 1; P.L. 1983, ch. 217, § 1; P.L. 1986, ch. 498, § 1.

16-16-29. Repealed.

History of Section. P.L. 1962, ch. 212, § 3; P.L. 1974, ch. 254, § 1; Repealed by P.L. 1983, ch. 217, § 2. For present provisions of law concerning spouse’s benefits, see § 16-16-26 .

16-16-30. Parent’s benefits.

1. Parent’s benefits are payable to the parent or parents of a deceased member if the member did not leave a widow, widower, or child who could ever qualify for monthly benefits on the member’s wages and the parent:
   1. Has reached the age of sixty (60) years;
   2. Has not remarried or entered into a domestic partnership after the death of the member;
   3. Was receiving at least one-half (1/2) of his or her support from the member at the time of the member’s death and filed proof of his or her support within two (2) years of the date of death; and
   4. Is not entitled to a federal or state old age benefit based on his or her own earnings equal to or greater than the amount he or she would be entitled to as the dependent parent of the deceased member.
2. A parent’s benefit shall be payable monthly in accordance with the benefits set forth in § 16-16-26 .

History of Section. P.L. 1962, ch. 212, § 3; P.L. 1974, ch. 254, § 1; P.L. 1996, ch. 295, § 1; P.L. 2007, ch. 510, § 6.

16-16-31. Refund on termination prior to retirement.

A member withdrawing from service prior to retirement shall be entitled to a refund equal to the total amount contributed by him or her to the teachers’ survivors benefit fund, without interest.

History of Section. P.L. 1962, ch. 212, § 3; P.L. 1974, ch. 254, § 1.

16-16-32. Refund on retirement.

A member at the date of retirement in lieu of the survivors benefits provided in §§ 16-16-25 — 16-16-38 may elect to receive a lump sum payment equal to his or her contributions to the teachers’ survivors benefit fund, plus interest. Any member who retired prior to the effective date of this legislation shall have one hundred twenty (120) days from the effective date of this legislation to elect to receive a lump sum payment equal to his or her contributions to the teachers’ survivors benefit fund, plus interest. Interest is to be calculated and payable only up to the date of retirement.

History of Section. P.L. 1962, ch. 212, § 3; P.L. 1974, ch. 254, § 1; P.L. 1996, ch. 295, § 1; P.L. 2004, ch. 551, § 1.

16-16-33. Repealed.

History of Section. P.L. 1962, ch. 212, § 3; Repealed by amendment provisions of P.L. 1974, ch. 254, § 1. For present law, see § 16-16-31 .

16-16-34. Member leaving no survivors — Reversion.

1. In the case of any member who dies while in service leaving no dependents or survivors as defined in §§ 16-16-1 , 16-16-1 1, and 16-16-25 through 16-16-38 , his or her accumulated contributions to the teachers’ survivors benefit fund plus interest shall be payable to the person or persons that he or she may designate to the retirement board or in the absence of a designation to his or her estate.
2. Contributions made by a member who at the date of retirement did not exercise the election provided in § 16-16-32 and who dies without leaving survivors as defined in this chapter shall become part of the reserve of the fund.

History of Section. P.L. 1962, ch. 212, § 3; P.L. 1966, ch. 80, § 1; P.L. 1974, ch. 254, § 1.

16-16-35. Contributions.

1. The cost of the benefits provided in §§ 16-16-25 — 16-16-38 shall be two percent (2%) of the member’s annual salary up to but not exceeding an annual salary of eleven thousand five hundred dollars ($11,500); one-half (1/2) of the cost shall be contributed by the member by deductions from his or her salary, and the other half (1/2) shall be contributed and paid by the respective city, town, or school district by which the member is employed. These contributions shall be in addition to the contributions provided in § 16-16-22 and shall be paid into the teachers’ survivors benefit fund created by §§ 16-16-25 — 16-16-38 in the same manner as contributions are made under the provisions of § 16-16-22 .
2. In the event the market value of the teachers’ survivor benefit plan assets shall decrease below one hundred (100%) percent of the teachers’ survivor benefit plan liabilities as reported by a qualified actuary pursuant to § 16-16-37 , the retirement board shall determine and fix the amount of contributions necessary to maintain a funding level of not less than one hundred (100%) percent of assets to liabilities ratio. Any adjusted cost of the benefits provided in §§ 16-16-25 — 16-16-38 shall be paid for by the member by deduction from his or her salary. These contributions shall be in addition to the contributions provided in § 16-16-22 and shall be paid into the teachers’ survivors benefit fund created by §§ 16-16-25 — 16-16-38 in the same manner as contributions are made under the provisions of § 16-16-22 ; provided, however, that payments to compensate for asset-to-liability ratios less than one hundred (100%) percent shall be amortized over individual ten-year (10) close periods. Notwithstanding anything to the contrary in this chapter or in any other provision of Rhode Island law, no benefit enhancements, beyond the current provisions within §§ 16-16-25 — 16-16-38, shall be granted until the market value of the teachers’ survivor benefit plan assets shall increase above one hundred and twenty (120%) percent of the teachers’ survivor benefit plan liabilities as reported by a qualified actuary pursuant to § 16-16-37 .

History of Section. P.L. 1962, ch. 212, § 3; P.L. 1974, ch. 254, § 1; P.L. 1996, ch. 295, § 1; P.L. 2004, ch. 547, § 1; P.L. 2013, ch. 501, § 28; P.L. 2017, ch. 412, § 2; P.L. 2017, ch. 413, § 2.

16-16-36. Teachers’ survivors benefit fund.

There shall be established by the retirement board a special reserve account to be designated as the “teachers’ survivors benefit fund” and all contributions made and other money received under §§ 16-16-25 through 16-16-38 shall be credited to and all payments for benefits shall be charged to this reserve account.

History of Section. P.L. 1962, ch. 212, § 3; P.L. 1974, ch. 254, § 1; P.L. 1996, ch. 295, § 1.

16-16-37. Administration.

1. The retirement board shall administer and carry out the provisions of §§ 16-16-25 — 16-16-38 , and shall fix the rate of regular interest payable under §§ 16-16-25 — 16-16-38 to be changed from time to time, based upon the amount of interest earned by the teachers’ survivors benefit fund. The retirement board shall also cause a study and review to be made of the financial condition of the teachers’ survivors benefit fund at least once every two (2) years by a qualified actuary who shall report his or her findings and make recommendations to the board.
2. Any negotiated agreement entered into between any state or municipal agency or department and an employee or employees, whose conditions are contrary to the general laws or the rules and regulations and policies as adopted and promulgated by the retirement board, shall be null and void unless and until approved by formal action of the retirement board, for good cause shown.

History of Section. P.L. 1962, ch. 212, § 3; P.L. 1974, ch. 254, § 1; P.L. 1992, ch. 306, art. 2, § 3; P.L. 1996, ch. 295, § 1; P.L. 2001, ch. 86, § 36; P.L. 2004, ch. 547, § 1.

16-16-38. Social security.

Sections 16-16-25 through 16-16-38 shall not apply to teachers of any city, town, or regional school district who have elected coverage under the federal Social Security Act, 42 U.S.C. § 301 et seq., under the provisions of chapter 7 of title 36.

History of Section. P.L. 1962, ch. 212, § 4; P.L. 1974, ch. 254, § 1; P.L. 1996, ch. 295, § 1.

16-16-39. Severability.

The provisions of this chapter are severable and if any of its provisions are adjudged to be invalid or unconstitutional this shall not affect or impair any of the remaining provisions.

History of Section. P.L. 1962, ch. 212, § 5; P.L. 1974, ch. 254, § 1.

16-16-40. Additional benefits payable to retired teachers.

1. All teachers and all beneficiaries of teachers receiving any service retirement or ordinary or accidental disability retirement allowance pursuant to the provisions of this chapter and chapter 17 of this title, on or before December 31, 1967, shall receive a cost of living retirement adjustment equal to one and one-half percent (1.5%) per year of the original retirement allowance, not compounded, for each year the retirement allowance has been in effect. For purposes of computation credit shall be given for a full calendar year regardless of the effective date of the retirement allowance. This cost of living retirement adjustment shall be added to the amount of the service retirement allowance as of January 1, 1970, and payment shall begin as of July 1, 1970. An additional cost of living retirement adjustment shall be added to the original retirement allowance equal to three percent (3%) of the original retirement allowance on the first day of January, 1971, and each year thereafter through December 31, 1980.
2. All teachers and beneficiaries of teachers receiving any service retirement or ordinary disability retirement allowance pursuant to the provisions of this title who retired on or after January 1, 1968, shall, on the first day of January, next following the third (3rd) year on retirement, receive a cost of living adjustment, in addition to his or her retirement allowance, an amount equal to three percent (3%) of the original retirement allowance. In each succeeding year thereafter, on the first day of January, the retirement allowance shall be increased an additional three percent (3%) of the original retirement allowance, not compounded, to be continued through December 31, 1980.
3. 1. Beginning on January 1, 1981, for all teachers and beneficiaries of teachers receiving any service retirement and all teachers and all beneficiaries of teachers who have completed at least ten (10) years of contributory service on or before July 1, 2005, pursuant to the provisions of this chapter, and for all teachers and beneficiaries of teachers who receive a disability retirement allowance pursuant to §§ 16-16-14 — 16-16-17 , the cost of living adjustment shall be computed and paid at the rate of three percent (3%) of the original retirement allowance or the retirement allowance as computed in accordance with § 16-16-40.1 , compounded annually from the year for which the cost of living adjustment was determined to be payable by the retirement board pursuant to the provisions of subsection (a) or (b) of this section. Such cost of living adjustments are available to teachers who retire before October 1, 2009, or are eligible to retire as of September 30, 2009.
   2. The provisions of this subsection shall be deemed to apply prospectively only and no retroactive payment shall be made.
   3. The retirement allowance of all teachers and all beneficiaries of teachers who have not completed at least ten (10) years of contributory service on or before July 1, 2005, or were not eligible to retire as of September 30, 2009, shall, on the month following the third anniversary date of the retirement, and on the month following the anniversary date of each succeeding year be adjusted and computed by multiplying the retirement allowance by three percent (3%) or the percentage of increase in the Consumer Price Index for all Urban Consumers (CPI-U) as published by the United States Department of Labor Statistics, determined as of September 30 of the prior calendar year, whichever is less; the cost of living adjustment shall be compounded annually from the year for which the cost of living adjustment was determined payable by the retirement board; provided, that no adjustment shall cause any retirement allowance to be decreased from the retirement allowance provided immediately before such adjustment.
4. For teachers not eligible to retire in accordance with this chapter as of September 30, 2009, and not eligible upon passage of this article, and for their beneficiaries, the cost of living adjustment described in subsection (3) above shall only apply to the first thirty-five thousand dollars ($35,000) of retirement allowance, indexed annually, and shall commence upon the third (3rd) anniversary of the date of retirement or when the retiree reaches age sixty-five (65), whichever is later. The thirty-five thousand dollar ($35,000) limit shall increase annually by the percentage increase in the Consumer Price Index for all Urban Consumer (CPI-U) as published by the United States Department of Labor Statistics determined as of September 30 of the prior calendar year or three percent (3%), whichever is less. The first thirty-five thousand dollars ($35,000), as indexed, of retirement allowance shall be multiplied by the percentage of increase in the Consumer Price Index for all Urban Consumers (CPI-U) as published by the United States Department of Labor Statistics determined as of September 30 of the prior calendar year or three percent (3%), whichever is less, on the month following the anniversary date of each succeeding year. For teachers eligible to retire as of September 30, 2009, or eligible upon passage of this article, and for their beneficiaries, the provisions of this subsection (d) shall not apply.
5. The provisions of §§ 45-13-7 — 45-13-10 shall not apply to this section.
6. This subsection (f) shall be effective for the period July 1, 2012, through June 30, 2015.
   1. Notwithstanding the prior paragraphs of this section, and subject to paragraph (f)(2) below, for all present and former teachers, active and retired teachers, and beneficiaries receiving any retirement, disability or death allowance or benefit of any kind, the annual benefit adjustment provided in any calendar year under this section shall be equal to (A) multiplied by (B) where (A) is equal to the percentage determined by subtracting five and one-half percent (5.5%) (the “subtrahend”) from the Five-Year Average Investment Return of the retirement system determined as of the last day of the plan year preceding the calendar year in which the adjustment is granted, said percentage not to exceed four percent (4%) and not to be less than zero percent (0%), and (B) is equal to the lesser of the teacher’s retirement allowance or the first twenty-five thousand dollars ($25,000) of retirement allowance, such twenty-five thousand dollars ($25,000) amount to be indexed annually in the same percentage as determined under paragraph (f)(1)(A) above. The “Five-Year Average Investment Return” shall mean the average of the investment returns of the most recent five (5) plan years as determined by the retirement board. Subject to paragraph (f)(2) below, the benefit adjustment provided by this paragraph shall commence upon the third (3rd) anniversary of the date of retirement or the date on which the retiree reaches his or her Social Security retirement age, whichever is later. In the event the retirement board adjusts the actuarially assumed rate of return for the system, either upward or downward, the subtrahend shall be adjusted either upward or downward in the same amount.
   2. Except as provided in paragraph (f)(3), the benefit adjustments under this section for any plan year shall be suspended in their entirety unless the Funded Ratio of the Employees’ Retirement System of Rhode Island, the Judicial Retirement Benefits Trust and the State Police Retirement Benefits Trust, calculated by the system’s actuary on an aggregate basis, exceeds eighty percent (80%) in which event the benefit adjustment will be reinstated for all teachers for such plan year. In determining whether a funding level under this paragraph (f)(2) has been achieved, the actuary shall calculate the funding percentage after taking into account the reinstatement of any current or future benefit adjustment provided under this section.
   3. Notwithstanding paragraph (f)(2), in each fifth plan year commencing after June 30, 2012, commencing with the plan year ending June 30, 2017, and subsequently at intervals of five plan years, a benefit adjustment shall be calculated and made in accordance with paragraph (f)(l) above until the Funded Ratio of the Employees’ Retirement System of Rhode Island, the Judicial Retirement Benefits Trust and the State Police Retirement Benefits Trust, calculated by the system’s actuary on an aggregate basis, exceeds eighty percent (80%).
   4. Notwithstanding any other provisions of this chapter, the provisions of this paragraph (f) of § 16-16-40 shall become effective July 1, 2012, and shall apply to any benefit adjustments not granted on or prior to June 30, 2012.
7. This subsection (g) shall become effective July 1, 2015.
   1. 1. As soon as administratively reasonable following the enactment into law of this subsection (g), a one-time benefit adjustment shall be provided to teachers and/or beneficiaries of teachers who retired on or before June 30, 2012, in the amount of two percent (2%) of the lesser of either the teacher’s retirement allowance or the first twenty-five thousand dollars ($25,000) of the teacher’s retirement allowance. This one-time benefit adjustment shall be provided without regard to the retiree’s age or number of years since retirement.
      2. Notwithstanding the prior subsections of this section, for all present and former teachers, active and retired teachers, and beneficiaries receiving any retirement, disability or death allowance or benefit of any kind, the annual benefit adjustment provided in any calendar year under this section for adjustments on and after January 1, 2016, and subject to subsection (g)(2) below, shall be equal to (I) multiplied by (II):
         1. Shall equal the sum of fifty percent (50%) of (i) plus fifty percent (50%) of (ii) where:
            1. Is equal to the percentage determined by subtracting five and one-half percent (5.5%) (the “subtrahend”) from the five-year average investment return of the retirement system determined as of the last day of the plan year preceding the calendar year in which the adjustment is granted, said percentage not to exceed four percent (4%) and not to be less than zero percent (0%). The “five-year average investment return” shall mean the average of the investment returns of the most recent five (5) plan years as determined by the retirement board. In the event the retirement board adjusts the actuarially assumed rate of return for the system, either upward or downward, the subtrahend shall be adjusted either upward or downward in the same amount.
            2. Is equal to the lesser of three percent (3%) or the percentage increase in the Consumer Price Index for all Urban Consumers (CPI-U) as published by the U.S. Department of Labor Statistics determined as of September 30 of the prior calendar year. In no event shall the sum of (i) plus (ii) exceed three and one-half percent (3.5%) or be less than (0%) percent.
         2. is equal to the lesser of either the teacher’s retirement allowance or the first twenty-five thousand eight hundred and fifty-five dollars ($25,855) of retirement allowance, such amount to be indexed annually in the same percentage as determined under subsection (g)(1)(B)(I) above. The benefit adjustments provided by this subsection (g)(1)(B) shall be provided to all retirees entitled to receive a benefit adjustment as of June 30, 2012, under the law then in effect, and for all other retirees the benefit adjustments shall commence upon the third anniversary of the date of retirement or the date on which the retiree reaches his or her Social Security retirement age, whichever is later.
   2. Except as provided in subsection (g)(3), the benefit adjustments under subsection (g)(1)(B) for any plan year shall be suspended in their entirety unless the funded ratio of the employees’ retirement system of Rhode Island, the judicial retirement benefits trust and the state police retirement benefits trust, calculated by the system’s actuary on an aggregate basis, exceeds eighty percent (80%) in which event the benefit adjustment will be reinstated for all teachers for such plan year. In determining whether a funding level under this subsection (g)(2) has been achieved, the actuary shall calculate the funding percentage after taking into account the reinstatement of any current or future benefit adjustment provided under this section.
   3. Notwithstanding subsection (g)(2), in each fourth plan year commencing after June 30, 2012, commencing with the plan year ending June 30, 2016, and subsequently at intervals of four plan years: (i) A benefit adjustment shall be calculated and made in accordance with subsection (g)(1)(B) above; and (ii) Effective for teachers and/or beneficiaries of teachers who retired on or before June 30, 2015, the dollar amount in subsection (g)(1)(B)(II) of twenty-five thousand eight hundred and fifty-five dollars ($25,855) shall be replaced with thirty-one thousand and twenty-six dollars ($31,026)until the funded ratio of the employees’ retirement system of Rhode Island, the judicial retirement benefits trust and the state police retirement benefits trust, calculated by the system’s actuary on an aggregate basis, exceeds eighty percent (80%).
   4. Effective for teachers and or beneficiaries of teachers who have retired on or before July 1, 2015, a one-time stipend of five hundred dollars ($500) shall be payable within sixty (60) days following the enactment of the legislation implementing this provision, and a second one-time stipend of five hundred dollars ($500) in the same month of the following year. These stipends shall be payable to all retired teachers or beneficiaries receiving a benefit as of the applicable payment date and shall not be considered cost of living adjustments under the prior provisions of this § 16-16-40 .

History of Section. P.L. 1970, ch. 112, art. 10, § 2; P.L. 1980, ch. 237, §§ 1, 3; P.L. 1981, ch. 120, § 1; P.L. 1986, ch. 482, § 1; P.L. 2005, ch. 117, art. 7, § 1; P.L. 2009, ch. 68, art. 7, § 4; P.L. 2010, ch. 23, art. 16, § 2; P.L. 2011, ch. 408, § 10; P.L. 2011, ch. 409, § 10; P.L. 2015, ch. 141, art. 21, § 14.

16-16-40.1. One-time adjustment to original retirement allowance.

1. All teachers and the beneficiaries of teachers who retired during the calendar year 1979 shall receive an additional eight percent (8%) to their original retirement allowance.
2. All teachers and the beneficiaries of teachers who retired during calendar year 1978 shall receive an additional two percent (2%) added to the base eight percent (8%) paid to the 1979 retirees. Provided, further that an additional two percent (2%) of the retirement allowance shall be paid for each year to a maximum of twenty percent (20%) to those retirees and beneficiaries who retired in calendar year 1973 and prior to 1973 as indicated in the following schedule:

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3. The additional percentage shall be incorporated into the recipient’s monthly benefit starting with the payment due on or after July 31, 1986.
4. The provisions of §§ 45-13-7 through 45-13-10 shall not apply to this section.

Year of Retirement Additional Percentage 1979 8% 1978 10% 1977 12% 1976 14% 1975 16% 1974 18% 1973 20% Years prior to 1973 20%

History of Section. P.L. 1986, ch. 482, § 3.

16-16-41. Repealed.

History of Section. P.L. 1979, ch. 113, § 1; Repealed by P.L. 1981, ch. 9, § 1.

16-16-42. Life insurance benefits.

Notwithstanding any other provision of law to the contrary, any member who, at the time of retirement from service, has in effect life insurance provided for as a benefit of his or her employment shall, after retirement, be entitled to keep the policy of life insurance in effect by paying to the city or town an amount equal to the annual cost of the policy for the individual at the time of the individual’s retirement. The policy of insurance shall remain in effect for so long as the member continues to make annual payments.

History of Section. P.L. 1986, ch. 492, § 2; P.L. 1987, ch. 580, § 2.

16-16-43. Purchase of credit while serving a prison sentence prohibited.

Notwithstanding any other provisions of the retirement law or rulings of the retirement board in accordance with the powers vested in the board, no teacher shall be allowed to purchase service credits for time while incarcerated in prison, including, but not limited to, work release programs or home confinement programs.

History of Section. P.L. 1992, ch. 306, art. 2, § 5.

16-17-1. State retirement system extended to teachers in state schools.

Teachers in state universities, colleges, or schools shall be covered under the provisions of chapters 8, 9, and 10 of title 36 and chapters 16 and 17.1 of this title.

History of Section. P.L. 1948, ch. 2102, § 1; impl. am. P.L. 1951, ch. 2686, § 3; G.L. 1956, § 16-17-1 ; impl. am. P.L. 1959, ch. 44, § 2; P.L. 1981, ch. 126, § 1.

16-17-2 — 16-17-15. Repealed.

16-17.1-1. Definitions.

The following words and phrases as used in this chapter, unless a different meaning is plainly required by the context, have the following meanings:

1. “Average compensation” means the average of the annual contractual or yearly salary of an employee during the five (5) consecutive years of employment when average compensation was the highest either: (i) as an employee under the program, or (ii) as a member of the state employees retirement system.
2. “Board” means the board of regents for higher education.
3. “Employees” means presidents, professors, instructors, or other employees of the board who are eligible to participate in any retirement program by virtue of the terms of the program and who are exempt from the merit system; except as provided in this chapter, if an employee of the board who participates in the program shall change classifications, he or she shall have the option to remain with the program.
4. “Retirement program” and “program” means any retirement program adopted by the board of regents for higher education for any of its employees as defined in this section.
5. “State colleges” means the University of Rhode Island, Rhode Island College, Community College of Rhode Island, and any other universities, colleges, or schools under the jurisdiction of the board.
6. “State employees retirement system” means the retirement system existing by virtue of chapters 8 — 10 of title 36 and made applicable to employees by chapter 17 of this title.

History of Section. P.L. 1967, ch. 152, § 3; P.L. 1987, ch. 547, § 1.

16-17.1-2. Membership in a program.

1. All employees including those so employed on May 24, 1967, who have not been active members of the state employees retirement system, upon becoming eligible for membership in a program, shall be required to participate in the program.
2. 1. All employees including those so employed on May 24, 1967, who become eligible for membership in a program, and who are active members of the state employees retirement system, are extended the option of continuing their active membership in the state employees retirement system or joining the program and retaining a limited membership in the state employees retirement system as set forth in this chapter and be eligible for a vested pension only as contained in this chapter. These limited members shall not be entitled to any other benefits or provisions.
   2. All employees who become eligible for membership in the program after July 1, 1967, shall make their election within sixty (60) days after they become eligible for participation in the program. All employees not exercising the option to join a program shall be deemed to have chosen to continue active membership in the state employees retirement system in lieu of exercising the option to participate under the program.
3. Any employee who was a member of the program as an employee of the board, who subsequently enters the employees retirement system as a member by virtue of his or her employment, may have the option to purchase credit for any prior service with the board under the program, provided that he or she pays into the retirement system in a lump sum:
   1. The amount he or she would have contributed to the system had he or she been a member during his or her service, plus regular interest; and
   2. The amount of the state’s contribution to the program for his or her service, plus regular interest; and
   3. Provided further that these payments shall be made within the employee’s first year of membership in the retirement system.

History of Section. P.L. 1967, ch. 152, § 3; P.L. 1973, ch. 20, § 1; P.L. 1973, ch. 246, § 1; P.L. 1975, ch. 106, § 1; P.L. 1987, ch. 547, § 1; P.L. 2001, ch. 86, § 37.

16-17.1-3. Optional withdrawal of contributions to retirement system upon participation in another program — Notice.

An employee who elects to participate in a program as provided under § 16-17.1-2(b) may further elect to withdraw the total amount of all contributions he or she has made to the state employees retirement system, provided that the state retirement board shall be notified in writing of the employee’s intent to withdraw his or her contributions within ninety (90) days of the date upon which the employee becomes eligible to participate in a program. Upon the withdrawal of funds, which shall be effected within ninety (90) days following the state retirement board’s receipt of notice that the employee is participating under a program, the employee shall thereby forfeit and relinquish all accrued rights as a member of the state employees retirement system.

History of Section. P.L. 1967, ch. 152, § 3.

16-17.1-4. Continuing membership in retirement system upon participation in another program.

An employee who has elected to participate in a program in accordance with the provisions of § 16-17.1-2(b) and who has not withdrawn his or her contribution as provided in § 16-17.1-3 shall continue to be a member of the state employees retirement system and service with the state colleges while participating in the program shall be considered as service under the system; provided, however, that the employee shall be required to make no further contributions to the system and provided further that should the employee leave the employ of the state or become employed by the state in a capacity which does not qualify him or her for membership in the state employees retirement system before he or she has completed ten (10) years of service as an employee under a program or as a member of the state employees retirement system, he or she shall have the right pursuant to § 36-10-8 to obtain a refund of his or her own contributions made under the state employees retirement system from the state retirement board without interest.

History of Section. P.L. 1967, ch. 152, § 3.

16-17.1-5. Method of computing benefits under state employees retirement system for employees in a program.

Where an employee has elected to participate in a program in accordance with the provisions of § 16-17.1-2(b) , only the years of the employee’s service prior to making the election to participate under the program shall be considered as years of service for the purposes of computing the benefits available under the state employees retirement system pursuant to chapter 10 of title 36, provided that for the purpose of determining an employee’s service retirement allowance pursuant to § 36-10-10 , average compensation shall be determined in accordance with § 16-17.1-1(1) notwithstanding anything contained in the general laws to the contrary.

History of Section. P.L. 1967, ch. 152, § 3; P.L. 1988, ch. 84, § 49.

16-17.1-6. Retirement age.

An employee, notwithstanding the program he or she elects to participate in, shall not be required to retire at any age less than the maximum age as established in § 36-10-9(b).

History of Section. P.L. 1978, ch. 292, § 1; P.L. 1987, ch. 520, § 3.

16-17.2-1. Compact.

The interstate compact with respect to pension portability for educators is enacted into law and entered into by this state with all states legally joining therein in the form substantially as follows:

16-18-1 — 16-18-5. Repealed.

History of Section. G.L. 1896, ch. 54, §§ 13-15; P.L. 1900, ch. 739, § 1; G.L. 1909, ch. 66, §§ 15-17; P.L. 1920, ch. 1870, § 1; G.L. 1909, ch. 66, §§ 18, 19; P.L. 1922, ch. 2234, § 11; G.L. 1923, ch. 70, §§ 12-16; G.L. 1938, ch. 178, §§ 12-16; P.L. 1948, ch. 2028, § 1; impl. am. P.L. 1951, ch. 2752, § 21; G.L. 1956, §§ 16-18-1 — 16-18-5; P.L. 1961, ch. 80, § 1; Repealed by P.L. 1978, ch. 85, § 1. Chapter 85 further provided in § 3 that the repeal did not preclude a local school district from conducting any school census.

16-19-1. Attendance required.

1. Every child who has completed, or will have completed, six (6) years of life on or before September 1 of any school year, or is enrolled in kindergarten, and has not completed eighteen (18) years of life, shall regularly attend some public day school during all the days and hours that the public schools are in session in the city or town in which the child resides. Every person having under his or her control a child, as described in this section, shall cause the child to attend school as required by this section, and for every neglect of this duty, the person having control of the child shall be fined not exceeding fifty dollars ($50.00) for each day, or part of a day, that the child fails to attend school, and if the total of these days is more than thirty (30) school days during any school year, then the person shall, upon conviction, be imprisoned not exceeding six (6) months or shall be fined not more than five hundred dollars ($500), or both; provided, that if the person so charged shall prove that the child has attended, for the required period of time, a private day school approved by the commissioner of elementary and secondary education pursuant to § 16-60-6(10) ; or a course of at-home instruction approved by the school committee of the town where the child resides; or has been accepted into an accredited postsecondary education program; or has obtained a waiver under subsection (b); or that the physical or mental condition of the child was such as to render his or her attendance at school inexpedient or impracticable; or that the child was excluded from school by virtue of some other general law or regulation, then attendance shall not be obligatory nor shall the penalty be incurred.
2. A waiver to the compulsory attendance requirement may be granted by the superintendent only upon proof that the pupil is sixteen (16) years of age or older and has an alternative learning plan for obtaining either a high school diploma or its equivalent.
   1. Alternative-learning plans shall include age-appropriate academic rigor and the flexibility to incorporate the pupil’s interests and manner of learning. These plans may include, but are not limited to, such components, or combination of components, of extended learning opportunities as independent study, private instruction, performing groups, internships, community service, apprenticeships, and online courses that are currently funded and available to the school department and/or the community.
   2. Alternative-learning plans shall be developed, and amended if necessary, in consultation with the pupil, a school guidance counselor, the school principal, and at least one parent or guardian of the pupil, and submitted to the superintendent for approval.
   3. If the superintendent does not approve the alternative-learning plan, the parent or guardian of the pupil may appeal such decision to the school committee. A parent or guardian may appeal the decision of the school committee to the commissioner of education pursuant to chapter 39 of title 16.
3. Nothing in this section shall be deemed to limit or otherwise interfere with the rights of teachers and other school employees to collectively bargain pursuant to chapters 9.3 and 9.4 of title 28 or to allow any school committee to abrogate any agreement reached by collective bargaining.
4. No school shall use a student’s truancy or absenteeism as the sole basis for using an out-of-school suspension as a disciplinary action.

History of Section. G.L. 1896, ch. 64, § 1; P.L. 1902, ch. 1009, § 1; G.L. 1909, ch. 72, § 1; P.L. 1917, ch. 1492, § 1; P.L. 1922, ch. 2234, § 14; G.L. 1923, ch. 76, § 1; P.L. 1923, ch. 482, § 1; P.L. 1925, ch. 678, § 3; P.L. 1926, ch. 812, § 1; P.L. 1936, ch. 2360, § 1; P.L. 1937, ch. 2505, § 1; G.L. 1938, ch. 181, § 1; G.L. 1956, § 16-19-1 ; P.L. 1984, ch. 345, § 1; P.L. 1988, ch. 642, § 4; P.L. 1989, ch. 251, § 1; P.L. 1995, ch. 60, § 1; P.L. 2002, ch. 233, § 1; P.L. 2002, ch. 255, § 1; P.L. 2003, ch. 394, § 1; P.L. 2007, ch. 226, § 2; P.L. 2011, ch. 338, § 1; P.L. 2011, ch. 376, § 1; P.L. 2012, ch. 111, § 1; P.L. 2012, ch. 125, § 1; P.L. 2016, ch. 467, § 2; P.L. 2016, ch. 471, § 2.

16-19-1.1. Grants and gifts — Acceptance and expenditure — Coventry — Woonsocket.

1. The Coventry and Woonsocket school departments or school committees may accept any and all donations, gifts and grants of money, equipment, supplies, materials and services, conditional or otherwise, from any state, the federal government, or any governmental entity or agency; or from any person, firm, association, foundation or corporation, and shall receive, utilize and dispose of the same pursuant to the express terms or conditions stipulated by such donation, gift or grant.
2. Any amounts so received shall be deposited with the city/town treasurer and shall be held as a separate account and may be expended by such school department or school committee receiving the grant, gift or donations without further appropriation.
3. If the express terms or conditions of the donation, gift or grant so stipulate, interest on the donated, gifted or granted funds may remain with and become a part of the donation, gift or grant account and may be expended as part of the donation, gift or grant by the school department or school committee receiving the donation, gift or grant without further appropriation.

History of Section. P.L. 2007, ch. 317, § 1; P.L. 2007, ch. 434, § 1; P.L. 2008, ch. 343, § 1; P.L. 2008, ch. 440, § 1.

16-19-2. Approval of private schools — Requirements — Review.

For the purposes of this chapter a private school or at-home instruction shall be approved only when it complies with the following requirements: (1) that the period of attendance of the pupils in the school or in the home instruction is substantially equal to that required by law in public schools; (2) that registers are kept and returned to the school committee, the superintendent of schools, truant officers, and the department of elementary and secondary education in relation to the attendance of pupils, and are made the same as registers kept by the public schools; (3) that reading, writing, geography, arithmetic, the history of the United States, the history of Rhode Island, and the principles of American government shall be taught in the English language substantially to the same extent as these subjects are required to be taught in the public schools, and that the teaching of the English language and of other subjects indicated in this section shall be thorough and efficient; provided, however, that nothing contained in this section shall be construed or operate to deny the right to teach in private schools or in at-home instruction any of the subjects or any other subject in any other language in addition to the teaching in English as prescribed in this section; provided, further, that any interested person resident in any city or town aggrieved by the action of the school committee of the city or town either in approving or refusing to approve at-home instruction may appeal the action to the department of elementary and secondary education. The department of elementary and secondary education, after notice to the parties interested of the time and place of a hearing, shall examine and decide the appeal without cost to the parties. The commissioner of elementary and secondary education shall also grant a hearing to any party aggrieved by a refusal to approve a private school pursuant to § 16-60-6(10) . The decision of the board of regents for elementary and secondary education shall, if an appeal is made to the board, be final.

History of Section. G.L. 1923, ch. 76, § 8; P.L. 1925, ch. 678, § 4; G.L. 1938, ch. 181, § 8; G.L. 1956, § 16-19-2 ; P.L. 1984, ch. 345, § 1.

16-19-3. Appointment and compensation of truant officers — Supplies and assistance — Joint officers — Tenure.

The school committee of each city or town shall annually in the month of December appoint one or more persons as truant officers, who shall by virtue of their appointment be clothed with the power of special constables, and fix their compensation, which shall be payable from the appropriation for public schools. The school committee may also furnish all necessary supplies and clerical assistance for the proper and efficient performance of the duties of the truant officer. The school committee of two (2) or more cities or towns may appoint the same truant officer or officers, and any school committee that appoints other employees on a different tenure of office than annual appointments may appoint truant officers on a similar tenure in lieu of the annual appointment mentioned in this section and may fix their compensation from time to time.

History of Section. G.L. 1896, ch. 64, § 3; P.L. 1901, ch. 924, § 1; P.L. 1902, ch. 1009, § 1; G.L. 1909, ch. 72, § 3; G.L. 1923, ch. 76, § 2; G.L. 1938, ch. 181, § 2; impl. am. P.L. 1946, ch. 1775, § 2; G.L. 1956, § 16-19-3 .

16-19-4. Prosecution of violations — Process — Fees.

The truant officers shall, under the direction of the school committee, inquire into all cases arising under the provisions of this chapter, and shall be authorized, with the assistance of police officers upon request in case of violation of any of the provisions of this chapter, to make complaint for violations of this chapter. They may also serve all legal processes issued in pursuance of this chapter, but shall not be entitled to receive any fees for the service; provided, however, that in case of the commitment of any person under the provisions of any section of this chapter, or for default of payment of any fine and costs imposed, the officer shall be entitled to the regular fees allowed by law for similar service.

History of Section. G.L. 1896, ch. 64, § 3; P.L. 1901, ch. 924, § 1; P.L. 1902, ch. 1009, § 1; G.L. 1909, ch. 72, § 3; G.L. 1923, ch. 76, § 2; G.L. 1938, ch. 181, § 2; G.L. 1956, § 16-19-4 ; P.L. 1996, ch. 347, § 1.

16-19-5. Inspection and reports of places of employment of minors — Work certificates.

Truant officers and industrial inspectors may visit any places or establishments where minor children are employed to ascertain whether the provisions of this chapter are duly complied with, and may as often as twice in every year demand from all employers of minor children a report containing the names of all children who have not completed sixteen (16) years of life that are employed by them, the report to give the names, ages, and residences of all these children; and all employers of children under sixteen (16) years of age shall produce for the inspection of truant officers and industrial inspectors the permits to work prescribed by chapter 3 of title 28; and for any refusal to make reports provided for in this section, or for any refusal to produce the permits to work provided for in this section, any employer of children shall be fined not exceeding ten dollars ($10.00).

History of Section. G.L. 1896, ch. 64, §§ 7-9; P.L. 1902, ch. 1009, § 1; G.L. 1909, ch. 72, § 4; G.L. 1923, ch. 76, § 3; P.L. 1936, ch. 2360, § 2; G.L. 1938, ch. 181, § 3; G.L. 1956, § 16-19-5 .

16-19-6. Proceedings against habitual truants and offenders.

Every habitual truant, that is, every child who is required under § 16-19-1 to attend school and who willfully and habitually absents himself or herself from attending school; and every habitual school offender, that is, every child who is required to attend school under the provision of § 16-19-1 , but who persistently violates the rules and regulations of the school which he or she attends, or otherwise persistently misbehaves in the school which he or she attends, so as to render him or herself a fit subject for exclusion; shall be deemed a wayward child as provided in chapter 1 of title 14, and shall be subject to all the provisions of chapter 1 of title 14, and may be proceeded against and dealt with as a wayward child in accordance with the provisions of chapter 1 of title 14.

History of Section. G.L. 1896, ch. 64, §§ 8, 12, 13; P.L. 1902, ch. 1009, § 1; G.L. 1909, ch. 72, § 5; P.L. 1922, ch. 2210, § 1; G.L. 1923, ch. 76, § 4; P.L. 1923, ch. 449, § 1; P.L. 1926, ch. 840, § 1; G.L. 1938, ch. 181, § 4; G.L. 1956, § 16-19-6 .

16-19-7. Disposition of fines.

All fines under the provisions of §§ 16-19-1 and 16-19-5 shall inure and be applied to the support of the public schools in the city or town where the offense was committed.

History of Section. G.L. 1896, ch. 64, §§ 9, 15; P.L. 1902, ch. 1009, § 1; G.L. 1909, ch. 72, § 6; G.L. 1923, ch. 76, § 5; P.L. 1926, ch. 840, § 2; G.L. 1938, ch. 181, § 5; G.L. 1956, § 16-19-7 .

16-19-8. Jurisdiction of family court.

1. Jurisdiction of cases arising under § 16-19-1 may reside with juvenile hearing boards in those cities and towns that so desire to hear these cases and which have established juvenile hearing boards. Any municipal juvenile hearing board established pursuant to this section shall, prior to hearing any compulsory attendance cases, inform the chief judge of the family court, in writing, of its establishment and plan to hear compulsory attendance cases. In all other cases arising under § 16-19-1 jurisdiction shall be with the family court. The town of North Providence shall have the authority to establish a juvenile hearing board pursuant to this section.
2. The family court shall also have authority to issue equitable orders, enforceable through contempt of court proceedings, needed to enforce § 16-19-1 . As an alternative to the procedure set out in § 16-19-1 , the school committee may file a civil complaint seeking injunctive relief in truancy cases. If the family court rules in favor of the school committee the court may issue an injunction, enforceable through contempt of court proceedings, requiring compliance with the compulsory attendance law. Neither prior resort to enforcement proceedings under § 16-19-1 nor a showing of irreparable injury shall be prerequisite to injunctive relief under this section.

History of Section. G.L. 1896, ch. 64, §§ 10, 16; P.L. 1902, ch. 1009, § 1; G.L. 1909, ch. 72, § 7; G.L. 1923, ch. 76, § 6; G.L. 1938, ch. 181, § 6; impl. am. P.L. 1944, ch. 1441, § 14; G.L. 1956, § 16-19-8 ; P.L. 1969, ch. 239, § 31; P.L. 1984, ch. 345, § 1; P.L. 1996, ch. 272, § 1; P.L. 2009, ch. 281, § 1.

16-19-9. Immunity from liability for costs.

No officer complaining under any of the provisions of this chapter shall be required to give surety for costs; and the officer shall not in any way become liable for any costs that may accrue on the complaint.

History of Section. G.L. 1896, ch. 64, §§ 11, 17; P.L. 1902, ch. 1009, § 1; G.L. 1909, ch. 72, § 8; G.L. 1923, ch. 76, § 7; G.L. 1938, ch. 181, § 7; G.L. 1956, § 16-19-9 .

16-19-10. Notification of pupil absence.

1. Whenever any pupil in grades kindergarten through nine (9) fails to report to school on a regularly scheduled school day and no indication has been received by school personnel that the pupil’s parent or guardian is aware of the pupil’s absence, a reasonable effort to notify, by telephone, the parent or guardian shall be made by school personnel or volunteers organized by the school committee of each city, town, or regional school district or the director or other person in charge of private schools of elementary and secondary grades.
2. School committees, school personnel, or volunteers organized pursuant to this section shall be immune from any civil or criminal liability in connection with the notice to parents of a pupil’s absence or failure to give the notice required by this section.

History of Section. P.L. 1987, ch. 428, § 1.

16-20-1. School holidays enumerated.

The first day of January (as New Year’s Day), the third Monday of January (as Martin Luther King, Jr. Day), the twenty-second day of February (as Washington’s Birthday), the thirtieth day of May (as Memorial Day), the fourth day of July (as Independence Day), the twelfth day of October (as Columbus Day), the eleventh day of November (as Veterans Day), the twenty-fifth day of December (as Christmas Day), and each of these days in every year, or when any of the days falls on a Sunday, then the day following it, the first Monday of September (as Labor Day), and any other days that the governor or general assembly of this state or the president or the congress of the United States shall appoint as holidays for any purpose, days of thanksgiving, or days of solemn fast, shall be school holidays and no session of any school, except as provided in this section, in this state shall be held on any one of these days. Independent schools shall not be required to observe as a holiday the third Monday of January (Martin Luther King, Jr. Day).

History of Section. P.L. 1914, ch. 1071, § 1; G.L. 1923, ch. 75, § 1; G.L. 1938, ch. 191, § 1; P.L. 1942, ch. 1223, § 1; G.L. 1956, § 16-20-1 ; P.L. 1980, ch. 270, § 1; P.L. 2001, ch. 86, § 38.

16-20-2. Special holidays for war effort.

In addition to the holidays in § 16-20-1 , the governor may proclaim school holidays for the purpose of using the school premises and/or personnel in whole or in part for the state and/or federal administration in connection with a war effort, and the days so proclaimed may on specific recommendation of the governor be deducted by the authorities of the several cities and towns from the gross number of school days required by law.

History of Section. G.L. 1938, ch. 191, § 1; P.L. 1942, ch. 1223, § 1; G.L. 1956, § 16-20-2 .

16-20-3. Days of special observance — Duty of teachers and officials.

The twelfth day of February (as Grand Army Flag Day, in honor of the birthday of Abraham Lincoln), the last Friday in April (as Arbor Day), the fourth day of May (as Rhode Island Independence Day), the thirteenth day of September (as Commodore John Barry Day), and each of these days in every year, or when any of these days shall fall on Saturday then the day preceding, or on Sunday then the day following, shall be especially observed with appropriate exercises in all the schools of this state; and it shall be the duty of teachers and school officers to make suitable provisions for the proper observance of these days.

History of Section. P.L. 1914, ch. 1071, § 2; G.L. 1923, ch. 75, § 2; P.L. 1936, ch. 2282, § 2; G.L. 1938, ch. 191, § 2; P.L. 1945, ch. 1535, § 1; P.L. 1950, ch. 2453, § 1; G.L. 1956, § 16-20-3 .

16-20-4. Grand Army Flag Day — Uniform salute to the flag.

It shall be the duty of the teachers of the public schools to prepare a program of patriotic exercises for the proper observance of Grand Army Flag Day. The department of elementary and secondary education shall prepare for the use of the schools a printed program providing for a uniform salute to the flag, to be used daily during the session of the school. The salute to the flag shall be as follows: “I pledge allegiance to the flag of the United States of America and to the republic for which it stands, one nation, under God, indivisible, with liberty and justice for all”.

History of Section. P.L. 1901, ch. 818 § 4; G.L. 1909, ch. 64, § 7; G.L. 1923, ch. 66, § 12; P.L. 1932, ch. 1927, § 1; G.L. 1938, ch. 20, § 1; P.L. 1939, ch. 689, § 1; impl. am. P.L. 1951, ch. 2752, § 1; G.L. 1956, § 16-20-4 .

16-21-1. Transportation of public and private school pupils.

1. The school committee of any town or city shall provide suitable transportation, that may include, but is not limited to, pupil transportation vehicles as defined in § 31-22.1-1 , to and from school for pupils attending public and private schools of elementary and high school grades, except private schools that are operated for profit, who reside so far from the public or private school that the pupil attends as to make the pupil’s regular attendance at school impractical and for any pupil whose regular attendance would otherwise be impracticable on account of physical disability or infirmity.
   1. The school committee of any town or city using a pupil transportation vehicle as defined in § 31-22.1-1 shall comply with the requirements of subsection (b) of this section, notwithstanding the provisions of § 31-22.1-3(6) .
2. For transportation provided to children enrolled in grades kindergarten through five (5), school bus monitors, other than the school bus driver, shall be required on all school-bound and home-bound routes. Variances to the requirement for a school bus monitor may be granted by the commissioner of elementary and secondary education if he or she finds that an alternative plan provides substantially equivalent safety for children. For the purposes of this section a “school bus monitor” means any person sixteen (16) years of age or older.
3. No school committee shall negotiate, extend, or renew any transportation contract unless such contract enables the district to participate in the statewide transportation system, without penalty to the district, upon implementation of the statewide transportation system described in §§ 16-21.1-7 [repealed] and 16-21.1-8 . Notice of the implementation of the statewide transportation system for in-district transportation shall be provided in writing by the department of elementary and secondary education to the superintendent of each district upon implementation. Upon implementation of the statewide system of transportation for all students, each school committee shall purchase transportation services for its own resident students by accessing the statewide system on a fee-for-service basis for each student; provided, however, that any school committee that fulfills its transportation obligations primarily through the use of district-owned buses or district employees may continue to do so. Variances to the requirement for the purchase of transportation services through the statewide transportation system for non-public and non-shared routes may be granted by the commissioner of elementary and secondary education if the commissioner finds that an alternative system is more cost effective. All fees paid for transportation services provided to students under the statewide system shall be paid into a statewide student transportation services restricted receipt account within the department of elementary and secondary education. Payments from the account shall be limited to payments to the transportation service provider and transportation system consultants. This restricted receipt account shall not be subject to the indirect cost recoveries provisions set forth in § 35-4-27 .
4. No school committee shall negotiate, extend, or renew any school transportation service contract unless the contract provides for payments to school bus drivers, attendants, monitors, and aides for one hundred and eighty (180) days or the length of the contracted-for school year, whichever is longer.
5. With respect to any contract entered into under this section, a school committee or local education agency shall give a preference in contract and/or subcontract awards to the public transportation provider that uses electric buses to the greatest extent. This preference shall be given equal weight to any other preferences available to vendors.
6. With respect to any contract entered into under this section, no school committee or local education agency (“LEA”) shall take any adverse disciplinary action against any school bus driver, attendant, monitor, or aide covered by a collective bargaining agreement prior to any investigation or action taken by the contracting entity as provided for in the collective bargaining agreement. Nor shall the school committee or LEA impose discipline in excess of what is provided for in the governing collective bargaining agreement.

History of Section. G.L. 1923, ch. 70, § 31; P.L. 1925, ch. 587, § 1; P.L. 1937, ch. 2506, § 1; G.L. 1938, ch. 178, § 30; G.L. 1956, § 16-21-1 ; P.L. 1971, ch. 270, § 1; P.L. 1986, ch. 526, § 1; P.L. 2009, ch. 5, art. 12, § 1; P.L. 2010, ch. 23, art. 8, § 2; P.L. 2017, ch. 479, § 1; P.L. 2021, ch. 292, § 1, effective July 9, 2021; P.L. 2021, ch. 293, § 1, effective July 9, 2021.

16-21-1.1. Student registration for transportation.

1. The school committee of any city or town or regional school district in this state may maintain a registry of any students who will require busing during the school year.
2. The students’ parents may register the names and addresses of students with the school district at the start of each school year.
3. The school district of each city or town or regional school district may use the information in the registry to more cost-efficiently provide transportation to its pupils who it is responsible for transporting to school.

History of Section. P.L. 2016, ch. 461, § 1; P.L. 2016, ch. 462, § 1.

16-21-2. Repealed.

History of Section. This section (G.L. 1923, ch. 70, § 311/2; P.L. 1937, ch. 2506, § 2; G.L. 1938, ch. 178, § 31; G.L. 1956, § 16-21-2 ; P.L. 1971, ch. 270, § 1; P.L. 1976, ch. 187, § 1), which was declared unconstitutional by the federal district court, Members of Jamestown School Comm. v. Schmidt, 427 F. Supp. 1338 (D.R.I. 1977), is considered repealed by § 16-21.1-6 . For present provisions, see §§ 16-21.1-1 — 16-21.1-5 .

16-21-3. Standards for school building.

1. The state building codes standards committee, the state fire marshal, the state health department, and the department of labor and training — division of occupational health and safety shall determine whether the school buildings in the several cities and towns or on state property conform to appropriate state law and regulation. Further, it shall be the responsibility of each local fire chief, local building inspector, the director of the state department of health, and the director of the state department of labor and training to determine and notify each local school superintendent or private school official by August 1 of each year as to whether the public and private nursery and elementary and secondary school buildings conform to appropriate state law and regulation. In the case of those schools on state property, it shall be the responsibility of the state building commissioner, the state fire marshal, the director of the department of health, and the department of labor and training to notify the department director responsible for the operation of the school as to whether these schools conform to appropriate state law and regulation.
2. The state building code standards committee shall establish building code standards necessary for the implementation of this section.

History of Section. P.L. 1911, ch. 725, § 3; G.L. 1923, ch. 78, § 3; G.L. 1938, ch. 182, § 3; impl. am. P.L. 1951, ch. 2752, § 21; G.L. 1956, § 16-21-3 ; P.L. 1986, ch. 337, §§ 2, 3.

16-21-3.1. Approval.

1. It shall be the duty of the superintendent of schools, private school official, or in the case of state operated schools, the responsibility of the director of the state operated school, to ensure that schools are not opened until notification is received from the aforementioned agencies that the schools are in compliance with their respective codes.
2. Neglect by any superintendent, private school official, or the director of any state operated school to comply with the provisions of this section shall be a misdemeanor punishable by a fine of not exceeding five hundred dollars ($500).

History of Section. P.L. 1986, ch. 337, § 3; P.L. 2021, ch. 395, § 4, effective July 14, 2021.

16-21-4. Fire, evacuation and lockdown drills required — Failure to comply.

1. It shall be the duty of the principal or other person in charge of every public school or private school, college, university, or postsecondary institutions or educational institution within the state, having more than twenty-five (25) pupils, to instruct and train the pupils by means of drills, so that they may in a sudden emergency be able to leave school buildings and dormitories in the shortest possible time and without confusion or panic.

   Notwithstanding other provisions of this section, in all schools or buildings used for educational purposes through the twelfth grade by six (6) or more persons for four (4) or more hours per day or more than twelve (12) hours per week, there shall be not less than one emergency egress drill conducted every month the facility is in session with all occupants of the building participating in said drill. One additional emergency egress drill shall be conducted in buildings that are not open on a year-round basis within the first (1st) thirty (30) days of operation. At least one out of every four (4) emergency egress drills or rapid dismissals shall be obstructed by means of which at least one or more exits and stairways in the school building are blocked off or not used. In addition, there shall be two (2) evacuation drills and two (2) lockdown drills. Evacuation drills shall be designed and conducted for use when conditions outside the school building are safer than conditions inside the building. Lockdown drills shall be designed and conducted for use to protect school building occupants from potential dangers in the building, and one shall be held in September and one in January, and in conjunction with the local police whenever possible.

2. 1. In colleges, universities, postsecondary institutions, and residence facilities in public schools or private schools there shall be at least four (4) drills or rapid dismissals during the academic year for each school building or residence facility, at least two (2) of which shall be held between the months of September through December. The remaining two (2) drills shall be held between the months of January through June. Any college, university, or postsecondary institution that holds a summer session shall hold a drill or rapid dismissal during the first full week of the summer session.
   2. At least one drill or rapid dismissal shall be obstructed so that at least one or more exits or stairways in the school building or dormitory are blocked off or not used.
3. For purposes of this section “residence facility” means dormitory, fraternity, sorority, or any other type of residence hall, whether on campus or off campus, owned or leased by a college, university, postsecondary institutions, public schools, or private school with accommodations for twenty (20) or more students.
4. Notwithstanding other provisions of this section, fire drills shall be required in colleges or universities only for buildings which are used for a residence facility.
5. Neglect by any principal or any person in charge of any public or private school or educational institution to comply with the provisions of this section shall be a misdemeanor punishable by a fine not exceeding five hundred dollars ($500).
6. Written reports, on forms supplied by the department of elementary and secondary education, of each fire drill shall be completed immediately upon termination of every drill and shall be available for review by the fire marshal, assistant deputy fire marshal, or local fire authority. The fire marshal, assistant deputy fire marshal, or local fire authority may require that a fire drill be conducted in his or her presence.