TITLE 16

Education

CHAPTER 16-7

Foundation Level School Support [See Title 16 Chapter 97 – The Rhode

Island Board Of Education Act]

SECTION 16-7-22



   § 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 § 14-64-1.1; 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.)