A Social Equity Credit proposal from Alan Gordon
Johnston parents already have unused seats traveling to and from their children’s schools every day. Alan Gordon is proposing that Rhode Island turn that unused capacity into a safe, voluntary parent-carpool network — and recognize participating parents through Social Equity Credits.
Alan is asking Governor Dan McKee and Johnston Mayor Joseph Polisena to work together to launch a pilot now by Executive Order, measure verified student transportation, and seek legislative approval for capped state income-tax and Johnston property-tax credits.
Below are Alan’s letter to Governor McKee and Mayor Polisena and the proposed Executive Order.
Letter to Governor McKee and Mayor Polisena
PROPOSED EXECUTIVE ORDER
STATE OF RHODE ISLAND
EXECUTIVE DEPARTMENT
EXECUTIVE ORDER 26-__
ESTABLISHING THE JOHNSTON STUDENT TRANSPORTATION COMMUNITY CAPACITY PILOT
WHEREAS, reliable transportation is essential to ensuring that Rhode Island children can attend school safely and consistently;
WHEREAS, disruption of student transportation in the Town of Johnston has imposed substantial burdens upon students, parents, guardians, schools, and the community;
WHEREAS, parents and guardians already transporting their own children may possess unused vehicle capacity that, with appropriate safeguards and voluntary participation, could supplement existing student transportation;
WHEREAS, Rhode Island has previously used executive and agency action to expand available student-transportation capacity during extraordinary circumstances, while maintaining appropriate licensing, insurance and safety protections;
WHEREAS, the State has an interest in determining whether existing community resources can safely supplement conventional transportation during periods of temporary transportation disruption;
WHEREAS, a limited pilot will permit the State and Town to evaluate such capacity before considering any permanent program or expenditure;
NOW, THEREFORE, I, DANIEL J. McKEE, GOVERNOR OF THE STATE OF RHODE ISLAND, by virtue of the authority vested in me by Article IX of the Rhode Island Constitution and applicable Rhode Island law, do hereby order and direct as follows:
1. Establishment
There is hereby established a Johnston Student Transportation Community Capacity Pilot (“Pilot”).
The appropriate agencies of the Executive Branch are directed to offer reasonable assistance to the Town of Johnston and Johnston Public Schools in designing, implementing and evaluating a temporary voluntary parent-and-guardian carpool program, to the extent permitted by existing law.
2. Voluntary Community Transportation
The Pilot shall explore a system through which qualified parents and guardians already traveling to or from Johnston schools may voluntarily make unused vehicle capacity available to other participating families.
Participation by every driver, parent, guardian and student shall be voluntary.
No child may participate without express authorization of the child’s parent or legal guardian.
3. Safety
No driver shall transport another family’s child through the Pilot unless all requirements established by applicable law and the Pilot have been satisfied.
Such requirements shall address, as appropriate:
- driver’s-license status;
- vehicle registration;
- automobile insurance;
- driving record and appropriate screening;
- vehicle safety;
- child-restraint requirements;
- emergency contact information; and
- written parental consent.
Nothing in this Order suspends or waives any licensing, insurance, vehicle-safety, child-protection or student-transportation requirement.
4. Verified Social Equity Transportation Units
For purposes of measuring community benefit under the Pilot:
One additional participating student safely transported to or from school shall constitute one Verified Social Equity Transportation Unit.
The Town, School Department and participating state agencies may establish an efficient means of verifying such trips while minimizing collection and disclosure of personally identifiable student information.
5. Units Have No Present Financial Value
Verified Social Equity Transportation Units are established solely for measurement, evaluation and recognition.
They do not constitute money, property, compensation, an entitlement, or a state or municipal tax credit.
Nothing herein creates a legal expectation of future compensation or tax treatment.
6. Evaluation of Social Equity Credits
The Department of Administration and Division of Taxation are directed, to the extent consistent with their statutory responsibilities, to evaluate the fiscal and administrative feasibility of legislation under which verified public-benefit services could qualify for a capped Social Equity Credit.
The evaluation may consider:
(a) a Rhode Island personal-income-tax credit associated with verified transportation units; and
(b) appropriate statutory authority under which Johnston could elect to provide corresponding municipal property-tax recognition.
Any tax credit or reduction in tax liability shall require authorization otherwise provided by law.
7. Transportation Regulations
The Rhode Island Department of Education, Division of Motor Vehicles and other appropriate agencies shall identify any statutes or regulations affecting implementation of the Pilot and advise the Governor concerning:
(a) whether the Pilot may operate under existing law;
(b) whether existing administrative discretion or rulemaking authority is sufficient;
(c) whether statutory amendment is required; and
(d) whether any temporary regulatory relief would be legally permissible under separately applicable emergency authority.
Nothing in this Order itself suspends any statute or regulation.
8. Students With Individual Transportation Rights
Nothing herein shall diminish, replace or modify transportation or related services required under federal or state law, including services required by an individualized education program, Section 504 plan, McKinney-Vento requirements, or other legally enforceable accommodation.
9. Existing Transportation Agreements
The Pilot is supplemental.
Nothing in this Order shall impair an existing contract, relieve an existing transportation provider of its obligations, or diminish any remedy available to the State, Town, School Department, students or families arising from existing transportation arrangements.
10. Evaluation
Within 60 days after commencement of transportation under the Pilot, participating agencies shall report available aggregate results, including:
- participating drivers;
- seats made available;
- participating students;
- verified student-trips;
- administrative costs;
- safety and reliability outcomes; and
- transportation capacity supplemented by the Pilot.
The report shall also identify legal, fiscal and administrative issues that should be addressed before continuation or expansion.
11. Legislative Recommendations
The Department of Administration, in consultation with participating agencies and Johnston officials, may recommend legislation establishing a capped and time-limited Social Equity Credit demonstration program based upon verified public benefits.
Any recommendation should include appropriate individual and aggregate fiscal caps, verification requirements, safeguards against duplicate compensation, reporting requirements and a sunset provision.
12. No New Expenditure or Entitlement
Nothing in this Order shall be construed to:
(a) appropriate funds;
(b) create or authorize a tax expenditure;
(c) create an entitlement;
(d) obligate the State or Town to compensate participants;
(e) displace existing public or contracted transportation; or
(f) authorize conduct otherwise prohibited by law.
13. Duration
This Order shall take effect immediately.
The Pilot authorization shall expire 90 days after transportation commences, unless extended, modified or terminated pursuant to lawful authority.
So Ordered:
Daniel J. McKee
Governor
Date: __________________