R.I. Gen. Laws
Rhode Island General Laws

R.I. Gen. Laws § 16-7-16 (2026)

Definitions

✓ current as of July 2026
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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)(i) “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.

(ii) 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.

(A) 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.

(B) 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.

(iii) For FY 2023, “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, March 2021, or March 2022, 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.

(A) 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 March 2020, March 2021, and March 2022. 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, March 2021, or March 2022, whichever year had the greater total average daily membership.

(B) If the average daily membership in March 2020 is greater for any given community than in March 2021 and March 2022, the number of pupils shall be reduced by the number of students attending new or expanding charter schools in FY 2022 and FY 2023.

(C) If the average daily membership in March 2021 is greater for any given community than in March 2022, the number of pupils shall be reduced by the number of students attending new or expanding charter schools in FY 2023.

(iv) Notwithstanding subsection (2)(iii) above, for FY 2023 only, for any local education agency in which the calculation of aid under subsection (2)(i) of this section and § 16-7-20(a) would be greater than the calculation of aid under subsection (2)(iii) of this section, such local education agency shall receive an additional appropriation equivalent to twenty percent (20%) of the difference in aid that would have been received under subsection (2)(i) of this section. The additional appropriation shall be as follows:

Barrington - $302,169

East Greenwich - $148,478

Exeter - $106,335

North Smithfield - $30,508

Richmond - $502

Smithfield - $75,374

Beacon Charter School - $22,731

Blackstone Academy - $11,212

Village Green Charter School - $1,073

Davies Career and Technical School - $2,808

(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.

Notes of Decisions
Cited in 7 cases, 1979–2014 · leading case: Berthiaume v. Sch. Com. of City of Woonsocket, 397 A.2d 889 (R.I. 1979).
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Berthiaume v. Sch. Com. of City of Woonsocket, 397 A.2d 889 (R.I. 1979). · cites it 10× “Section 16-7-16 purports to define for purposes of inter alia §16-7-29, the terms “certified personnel” and “regularly employed.”
D'Ambra v. North Providence Sch. Comm., 601 A.2d 1370 (R.I. 1992). · cites it 5× “Section 16-7-16 indicates that § 16-7-29 was enacted in order to ‘provide a quality education for all Rhode Island youth * * clearly a public purpose.”
Howard Union of Teachers v. State, 478 A.2d 563 (R.I. 1984). · cites it 3× “” Section 16-7-16 of this chapter mandates the definition of terms applicable to §§ 16-7-15 through 16-7-34.”
Kingston Hill Academy v. Chariho Reg'l Sch. Dist., 21 A.3d 264 (R.I. 2011). · cites it 4× “” G.L.1956 § 16-7-16(11). Thus, in the instant dispute, the reference year that Chariho seeks to govern the number of students for whom it is responsible to make tuition payments to the charter schools is 2008.”
Chariho Reg'l Sch. Dist. v. Gist, 91 A.3d 783 (R.I. 2014). “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…”
Exeter-West Greenwich Reg'l Sch. Dist. v. Pontarelli, 460 A.2d 934 (R.I. 1983). “1956 (1981 Reenactment) § 16-7-16(a), as amended by P.L.1981, ch.”
Chariho Reg'l Sch. Dist. v. Deborah Gist, in her capacity as the Comm'r of Elementary & Secondary Educ. of the State of Rhode Island (R.I. 2014). “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…”
— R.I. Gen. Laws § 16-7-16(11) — 1 case
Kingston Hill Academy v. Chariho Reg'l Sch. Dist., 21 A.3d 264 (R.I. 2011). “” G.L.1956 § 16-7-16(11). Thus, in the instant dispute, the reference year that Chariho seeks to govern the number of students for whom it is responsible to make tuition payments to the charter schools is 2008.”
— R.I. Gen. Laws § 16-7-16(a) — 1 case
Exeter-West Greenwich Reg'l Sch. Dist. v. Pontarelli, 460 A.2d 934 (R.I. 1983). “1956 (1981 Reenactment) § 16-7-16(a), as amended by P.L.1981, ch.”
— R.I. Gen. Laws § 16-7-16(g) — 1 case
Berthiaume v. Sch. Com. of City of Woonsocket, 397 A.2d 889 (R.I. 1979). “Section 16-7-16 purports to define for purposes of inter alia §16-7-29, the terms “certified personnel” and “regularly employed.”
— R.I. Gen. Laws § 16-7-16(h) — 1 case
Berthiaume v. Sch. Com. of City of Woonsocket, 397 A.2d 889 (R.I. 1979). “Section 16-7-16 purports to define for purposes of inter alia §16-7-29, the terms “certified personnel” and “regularly employed.”
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