Rhode Island 2023 Regular Session

Rhode Island House Bill H5772 Compare Versions

Only one version of the bill is available at this time.

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5	5	2023 -- H 5772
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7	7	LC001328
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9	9	S TATE OF RHODE IS LAND
10	10	IN GENERAL ASSEMBLY
11	11	JANUARY SESSION, A.D. 2023
12	12	____________
13	13
14	14	A N A C T
15	15	RELATING TO EDUCATION -- CHILDREN WITH DISABILITIES
16	16	Introduced By: Representatives Kislak, Morales, Cotter, Donovan, Spears, and
17	17	Cortvriend
18	18	Date Introduced: February 22, 2023
19	19	Referred To: House Education
20	20
21	21
22	22	It is enacted by the General Assembly as follows:
23	23	SECTION 1. Chapter 16-24 of the General Laws entitled "Children With Disabilities [See 1
24	24	Title 16 Chapter 97 — The Rhode Island Board of Education Act]" is hereby amended by adding 2
25	25	thereto the following section: 3
26	26	16-24-1.1. Parental consent. 4
27	27	(a)(1) Parental consent required. Notwithstanding any other federal or state law or 5
28	28	regulation, school districts shall obtain written parental consent before conducting an initial 6
29	29	evaluation or making an initial placement of a student in a special education program of services. 7
30	30	Written parental consent shall also be obtained before: 8
31	31	(i) Conducting a reevaluation; 9
32	32	(ii) Placing a student in a special education placement subsequent to the initial placement 10
33	33	in special education; and 11
34	34	(iii) Making any changes to services in an existing special education program of services. 12
35	35	(2) A parent may revoke consent at any time for all special education and related services 13
36	36	or for any service that is a component of an overall individual education program (IEP). Except for 14
37	37	initial evaluation and initial placement, consent may not be required as a condition of any 15
38	38	continuing benefit to the student of existing services while disagreements about services are being 16
39	39	resolved. 17
40	40	(3) In order that parental consent be properly fully informed, parents have the right to 18
41	41	observe any program(s) proposed for their child if the child is identified as eligible for special 19
42	42
43	43
44	44	LC001328 - Page 2 of 7
45	45	education services. 1
46	46	(4) To further ensure informed parental consent, parents have the right to receive 2
47	47	evaluations and materials at least seven (7) days prior to attending an IEP meeting at which those 3
48	48	materials will be discussed. This includes any proposed goals, objectives or other IEP materials 4
49	49	that the district staff will present and discuss at the IEP meeting. To address parental scheduling 5
50	50	needs, parents can agree to the sharing of this material less than seven (7) days ahead of the IEP 6
51	51	meeting. All materials provided shall comply with legal requirements for language accessibility. 7
52	52	(5) Written parental consent required for changes to IEP services or placement: No later 8
53	53	than thirty (30) days after receipt of the proposed IEP and proposed placement, the parents shall: 9
54	54	(i) Accept or reject the IEP, in whole or in part, in writing; 10
55	55	(ii) Accept or reject the proposed placement, in writing; 11
56	56	(iii) If the IEP is rejected, in whole or in part, the parents may request a meeting to discuss 12
57	57	the rejected portions of the IEP or the overall adequacy of the IEP and/or accept an amended 13
58	58	proposal presented by the district; or 14
59	59	(iv) Upon receipt of the written parental response to the proposed IEP and proposed 15
60	60	placement, the school district shall implement all accepted elements of the IEP without delay. A 16
61	61	school district shall not use a parent’s refusal to consent to one service or activity or request of 17
62	62	additional services, or activities to deny the child any other services or activities to which a parent 18
63	63	has consented. 19
64	64	(b) Parental consent withheld. If, subsequent to initial evaluation and initial placement, the 20
65	65	school district is unable to obtain parental consent to a reevaluation or to placement in a special 21
66	66	education program subsequent to the initial placement, or the parent revokes consent to such 22
67	67	reevaluation or placement, the school district shall consider with the parent whether such action 23
68	68	will result in the denial of a free appropriate public education to the student. If, after consideration, 24
69	69	the school district determines that the parent's failure or refusal to consent will result in a denial of 25
70	70	a free appropriate public education to the student, it shall seek resolution of the dispute through 26
71	71	mediation and/or a hearing. This provision shall not apply if the parent has revoked consent to all 27
72	72	special education and related services. 28
73	73	(c) Efforts to obtain parental participation. When the participation of the parent is required 29
74	74	and the parent fails or refuses to participate, the school district shall make and document multiple 30
75	75	efforts to contact the parent. Such efforts may include letters, written notices sent by certified mail, 31
76	76	electronic mail (email), telephone call, or, if appropriate, TTY communications to the home, and 32
77	77	home visits at such time as the parent is likely to be home. Efforts may include seeking assistance 33
78	78	from a community service agency to secure parental participation. The school district shall ensure 34
79	79
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82	82	that its efforts to involve the parent and gain parental consent meet a reasonable efforts requirement 1
83	83	as articulated in federal law at 34 CFR § 300.300. If all of these efforts are attempted and 2
84	84	documented and the district is unable to secure parental participation and consent to a reevaluation 3
85	85	or placement subsequent to the initial placement in a special education program, the school district 4
86	86	may, but is not required to, proceed to seek resolution through mediation and/or a hearing. This 5
87	87	provision to override the lack of parental consent due to parental non-participation shall not apply 6
88	88	if the parent has revoked consent to all special education and related services. 7
89	89	(d) Prior notice of proposed change(s). Parent(s) of a child with a disability shall be notified 8
90	90	in writing within a reasonable time, but not less than fourteen (14) days, before the school district 9
91	91	proposes to initiate or change, or refuses to initiate or change, the referral, evaluation, determination 10
92	92	of eligibility, IEP, or educational placement of the child or the provision of free appropriate public 11
93	93	education to the child. The notice shall comply with 34 CFR §§ 300.503 through CFR 300.504. 12
94	94	(e) Student's right to IEP services and placement. In accordance with state and federal law, 13
95	95	during the pendency of any dispute regarding placement or services, the eligible student shall 14
96	96	remain in their then current education program and placement unless the parents and the school 15
97	97	district agree otherwise in writing. If the parents have agreed in part to proposed IEP services 16
98	98	and/or placement changes, those shall be implemented without delay pursuant to subsection 17
99	99	(a)(5)(iv) of this section. 18
100	100	(1) If the parents are seeking initial placement in the public school, and the child is at least 19
101	101	five (5) years old, the child shall be placed in the public school program. 20
102	102	(2) For children three (3) and four (4) years of age, rights to services from the public school 21
103	103	district are limited to children who have been found eligible for special education and have an IEP 22
104	104	and placement proposed by the public school district and accepted by the parent. 23
105	105	(3) A hearing officer may order a temporary change in placement of an eligible student for 24
106	106	reasons consistent with federal law, including, but not limited to, when maintaining such student in 25
107	107	the current placement is substantially likely to result in injury to the student or others. 26
108	108	(f) Rules and regulations. The department of education shall promulgate rules and 27
109	109	regulations consistent with this section, in conformance with chapter 35 of title 42 ("administrative 28
110	110	procedures"). 29
111	111	SECTION 2. Section 16-24-1 and 16-24-11 of the General Laws in Chapter 16-24 entitled 30
112	112	"Children With Disabilities [See Title 16 Chapter 97 — The Rhode Island Board of Education 31
113	113	Act]" are hereby amended to read as follows: 32
114	114	16-24-1. Duty of school committee to provide special education. 33
115	115	(a) In any city or town where there is a child with a disability within the age range as 34
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119	119	designated by the regulations of the state board of education who is functionally limited to such an 1
120	120	extent that normal educational growth and development is prevented, the school committee of the 2
121	121	city or town where the child resides shall provide the type of special education that will best satisfy 3
122	122	the needs of the child with a disability, as recommended and approved by the state board of 4
123	123	education in accordance with its regulations governing the education of children with disabilities. 5
124	124	(b) Notwithstanding any other federal or state law or regulation, the school committee 6
125	125	where a parentally placed child who has, or develops, a disability in private school resides, shall 7
126	126	provide the child with the same free and appropriate education as it provides to children in public 8
127	127	schools. These children shall have the same rights and remedies in the regulations of the board of 9
128	128	education governing the education of children with disabilities as children in public school relative 10
129	129	to initially determining eligibility, implementation, and/or any other rights and remedies relative to 11
130	130	any special education services the child may be eligible to receive from the public school district. 12
131	131	(c) For the purpose of this statute, a parentally placed child who has, or develops, a 13
132	132	disability in private school is defined as a child enrolled or placed in a private school by the 14
133	133	unilateral decision of his or her parents and without consultation of the public school district, who 15
134	134	either has, or at some point while at the private school is diagnosed with, a learning disability. 16
135	135	Parents who unilaterally enroll their child in a private school are required to pay the tuition costs 17
136	136	related to the child’s education that are unrelated to the child’s disability, and the public school 18
137	137	district where the child resides is responsible for payment of the services related to the child’s 19
138	138	disability as developed and determined in the child’s individual education plan. 20
139	139	(d) For the purpose of this statute, a free and appropriate education is defined as special 21
140	140	education services and related services that: 22
141	141	(1) Are provided at public expense, under public supervision and direction, and without 23
142	142	charge; 24
143	143	(2) Meet all of the standards and requirements of the state of Rhode Island department of 25
144	144	education and requirements of the regulations of the board of education governing the education of 26
145	145	children with disabilities, which shall include initial evaluation and determination procedures; 27
146	146	(3) Include preschool, elementary school, or secondary school education in the state; and 28
147	147	(4) Are provided in conformity with an individualized education program that meets the 29
148	148	requirements of the regulations of the board of education governing the education of children with 30
149	149	disabilities. 31
150	150	(e) In those cases that an individual education plan has been adopted for a child and the 32
151	151	child moves to another town or city, the plan shall remain in effect until a new plan is adopted for 33
152	152	the child in the new town or city. 34
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156	156	(f) A child with a disability as referenced in subsection (a) of this section shall have 1
157	157	available to them any benefits provided by this section up to their twenty-first twenty-second 2
158	158	birthday, in accordance with the student’s individualized education program (IEP). Provided, in the 3
159	159	event such a child with a disability is enrolled in a postsecondary or transitional educational 4
160	160	program as part of the services provided to the child by the school committee or local education 5
161	161	agency (LEA), and such child reaches twenty-one (21) twenty-two (22) years of age during a school 6
162	162	or program year, then the school committee’s or LEA’s obligation to pay for the postsecondary or 7
163	163	transitional program shall continue through to the conclusion of the school or program’s academic 8
164	164	year, in accordance with the student’s individualized education program. Not later than sixty (60) 9
165	165	calendar days prior to the child turning twenty-one (21) twenty-two (22) years of age, the local 10
166	166	educational agency (LEA) shall provide the child and the parent or guardian with notice explaining 11
167	167	the rights under this section that remain in effect at age twenty-one (21) twenty-two (22). Further, 12
168	168	not later than sixty (60) calendar days prior to the child turning twenty-one (21) twenty-two (22) 13
169	169	years of age, the state adult service agencies responsible for planning, funding and providing 14
170	170	services and supports for adults with developmental disabilities, including the state office of 15
171	171	rehabilitation services (ORS) and the state department of behavioral healthcare, developmental 16
172	172	disabilities and hospitals (BHDDH), shall provide the child and the parent or guardian with notice 17
173	173	of the obligations and responsibilities that the respective agency owes to eligible recipients along 18
174	174	with a level of funding and/or an individual support plan for the child twenty-one (21) twenty-two 19
175	175	(22) years of age to receive. This section shall not be used to delay or defer the obligation of a state 20
176	176	agency responsible for providing services to this population. 21
177	177	(g) For purposes of providing services under this chapter, “special education” shall have 22
178	178	the same meaning as used in 34 C.F.R. § 300.39 and includes speech-language pathology services 23
179	179	for students among the other services and supports provided for therein. The provision of speech-24
180	180	language pathology services shall not cease or be terminated solely because a child has attained 25
181	181	nine (9) years of age or greater, if those services are still warranted. 26
182	182	16-24-11. Transportation for retarded children. Transportation for children with 27
183	183	disabilities. 28
184	184	Transportation shall be provided for all pupils attending a special class or suitable day 29
185	185	schools. 30
186	186	SECTION 3. Sections 16-24-7 and 16-24-10 of the General Laws in Chapter 16-24 entitled 31
187	187	"Children With Disabilities [See Title 16 Chapter 97 — The Rhode Island Board of Education 32
188	188	Act]" are hereby repealed. 33
189	189	16-24-7. “Mentally retarded minors” defined. 34
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193	193	The term “mentally retarded minors” means all children between the age of three (3) and 1
194	194	twenty-one (21) who because of retarded intellectual development, as determined by an individual 2
195	195	multidisciplinary evaluation, require specialized instruction appropriate to their individual 3
196	196	capacity. 4
197	197	16-24-10. Arrangements by cities and towns having small numbers of retarded 5
198	198	children. 6
199	199	Each city and town which contains fewer than eight (8) mentally retarded minors may 7
200	200	contract with another city or town for the education of the minors or may establish a special class 8
201	201	pursuant to the previous provision with the consent of the board of regents for elementary and 9
202	202	secondary education. In the event that a city or town does not establish a class for fewer than eight 10
203	203	(8) mentally retarded minors or contract with another city or town, then the city or town shall 11
204	204	contract with a suitable day school for instruction adapted to the mental attainments of the minors; 12
205	205	provided that the day schools shall be subject to the regulations and supervision of the state board 13
206	206	of regents for elementary and secondary education. 14
207	207	SECTION 4. This act shall take effect upon passage. 15
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209	209	LC001328
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214	214	EXPLANATION
215	215	BY THE LEGISLATIVE COUNCIL
216	216	OF
217	217	A N A C T
218	218	RELATING TO EDUCATION -- CHILDREN WITH DISABILITIES
219	219	***
220	220	This act would require parental consent prior to conducting an initial evaluation or making 1
221	221	an initial placement of a student in a special education program, as well as prior to changes being 2
222	222	made to any IEP services or placement. If a parent refuses consent and the school district determines 3
223	223	that the refusal to consent will result in a denial of a free appropriate public education to the student, 4
224	224	then the school district shall seek resolution through mediation or a hearing. This act would further 5
225	225	extend a student’s right to receive special education services from the student’s twenty-first 6
226	226	birthday to the student’s twenty-second birthday. Lastly, this act would repeal any reference to 7
227	227	children with disabilities as “retarded children”. 8
228	228	This act would take effect upon passage. 9
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