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| 5 | 5 | | 2023 -- S 0063 |
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| 6 | 6 | | ======== |
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| 7 | 7 | | LC000894 |
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| 8 | 8 | | ======== |
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| 9 | 9 | | S TATE OF RHODE IS LAND |
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| 10 | 10 | | IN GENERAL ASSEMBLY |
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| 11 | 11 | | JANUARY SESSION, A.D. 2023 |
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| 12 | 12 | | ____________ |
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| 13 | 13 | | |
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| 14 | 14 | | A N A C T |
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| 15 | 15 | | RELATING TO STATE AFFAIRS AND GOVERNMENT -- OFFICE OF THE SPECIAL |
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| 16 | 16 | | EDUCATION OMBUD |
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| 17 | 17 | | Introduced By: Senators Murray, DiPalma, Valverde, Lauria, Quezada, Bell, Felag, |
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| 18 | 18 | | McKenney, DiMario, and Gu |
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| 19 | 19 | | Date Introduced: February 01, 2023 |
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| 20 | 20 | | Referred To: Senate Education |
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| 21 | 21 | | |
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| 22 | 22 | | |
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| 23 | 23 | | It is enacted by the General Assembly as follows: |
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| 24 | 24 | | SECTION 1. Legislative findings. The general assembly hereby finds and declares that: 1 |
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| 25 | 25 | | (1) Every student who receives special education is covered by the Individuals with 2 |
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| 26 | 26 | | Disabilities Education Act (IDEA). There are seven (7) basic principles which are consistent with 3 |
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| 27 | 27 | | the IDEA. These principles are as follows: 4 |
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| 28 | 28 | | (i) To identify the child with special needs; 5 |
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| 29 | 29 | | (ii) To provide free and appropriate public education; 6 |
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| 30 | 30 | | (iii) To conduct an evaluation where school districts gather the information necessary to 7 |
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| 31 | 31 | | help determine the student's educational needs and guide decision making about appropriate 8 |
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| 32 | 32 | | educational programming; 9 |
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| 33 | 33 | | (iv) To produce an individualized education program (IEP) to ensure that each student's 10 |
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| 34 | 34 | | individual needs are met, school districts shall create a written statement of the educational program 11 |
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| 35 | 35 | | designed to the needs of the student; 12 |
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| 36 | 36 | | (v) To provide the least restrictive environment for the student in order that each student 13 |
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| 37 | 37 | | receives an appropriate education designed to meet their special needs. 14 |
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| 38 | 38 | | (vi) To offer opportunities for meaningful participation of parents, guardians, and 15 |
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| 39 | 39 | | custodians of students with disabilities, and the students, when appropriate, to become involved 16 |
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| 40 | 40 | | throughout the special education process; and 17 |
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| 41 | 41 | | (vii) To implement procedural safeguards to ensure that each student's rights and the rights 18 |
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| 42 | 42 | | |
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| 43 | 43 | | |
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| 44 | 44 | | LC000894 - Page 2 of 11 |
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| 45 | 45 | | of the parents, guardians, and custodians of the students with disabilities are protected and establish 1 |
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| 46 | 46 | | clear steps to address issues which may arise. Parents, guardians and custodians of students with 2 |
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| 47 | 47 | | disabilities between the ages of three (3) through eighteen (18) or custodians or guardians of 3 |
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| 48 | 48 | | students with disabilities who are over the age of eighteen (18) through twenty-two (22) and 4 |
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| 49 | 49 | | enrolled in school shall have the ability to participate in meetings, examine all education records 5 |
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| 50 | 50 | | and obtain an individual educational evaluation of the student. 6 |
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| 51 | 51 | | SECTION 2. Title 42 of the General Laws entitled "STATE AFFAIRS AND 7 |
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| 52 | 52 | | GOVERNMENT" is hereby amended by adding thereto the following chapter: 8 |
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| 53 | 53 | | CHAPTER 165 9 |
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| 54 | 54 | | OFFICE OF THE SPECIAL EDUCATION OMBUD 10 |
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| 55 | 55 | | 42-165-1. Establishment. 11 |
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| 56 | 56 | | There is hereby created and established the office of the special education ombud. 12 |
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| 57 | 57 | | 42-165-2. Purpose. 13 |
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| 58 | 58 | | (a) The office of the special education ombud (the office) shall be independent of the Rhode 14 |
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| 59 | 59 | | Island department of education (the department) and shall serve as an impartial state office readily 15 |
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| 60 | 60 | | available to members of the public, including, but not limited to, teachers, local education agencies 16 |
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| 61 | 61 | | (LEAs), advocates, students, parents, guardians, and custodians of students with disabilities 17 |
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| 62 | 62 | | between the ages of three (3) through eighteen (18) or for those guardians and custodians of students 18 |
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| 63 | 63 | | with disabilities who are over the age of eighteen (18) through the age of twenty-two (22) and 19 |
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| 64 | 64 | | enrolled in school. 20 |
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| 65 | 65 | | (b) The primary responsibility of the office shall be to direct students, parents, guardians 21 |
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| 66 | 66 | | or custodians to the most appropriate resource in the community, in a school district or within the 22 |
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| 67 | 67 | | department, to ensure compliance by schools and school districts with the applicable individualized 23 |
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| 68 | 68 | | education program (IEP), as defined in Section 1401 of 20 U.S.C., and related services for students 24 |
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| 69 | 69 | | with disabilities pursuant to chapter 24 of title 16 and federal law including the Individuals with 25 |
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| 70 | 70 | | Disabilities Education Act (IDEA). 26 |
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| 71 | 71 | | (c) When appropriate and necessary, in the discretion of the ombud and pursuant to this 27 |
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| 72 | 72 | | chapter, the office of the special education ombud may also serve to monitor and investigate 28 |
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| 73 | 73 | | administrative action by the department related to special education services and its authority under 29 |
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| 74 | 74 | | the Individuals with Disabilities Education Act. 30 |
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| 75 | 75 | | 42-165-3. Definitions. 31 |
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| 76 | 76 | | When used in this chapter, the following terms shall have the following meanings: 32 |
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| 77 | 77 | | (1) "504 Plan" means § 504 of the Rehabilitation Act of 1973 (Pub. L. No. 93-112, 87 Stat. 33 |
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| 78 | 78 | | 394 (Sept. 26, 1973) codified at 29 U.S.C. § 701 et seq.). 34 |
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| 79 | 79 | | |
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| 80 | 80 | | |
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| 81 | 81 | | LC000894 - Page 3 of 11 |
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| 82 | 82 | | (2) "Administrative action" means any action, decision, adjudication, failure to act, 1 |
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| 83 | 83 | | omission, rule or regulation, interpretation, recommendation, policy, practice or procedure of the 2 |
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| 84 | 84 | | department. 3 |
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| 85 | 85 | | (3) "Department" means the Rhode Island department of education (RIDE); 4 |
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| 86 | 86 | | (4) "Guardian" or "guardians" means parents, guardians, and custodians of students with 5 |
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| 87 | 87 | | disabilities between the ages of three (3) through eighteen (18) or those guardians and custodians 6 |
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| 88 | 88 | | of students with disabilities who are over the age of eighteen (18) through the age of twenty-two 7 |
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| 89 | 89 | | (22). It includes an individual who has custody and control of a student or who has legal authority 8 |
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| 90 | 90 | | to make educational decisions on behalf of the student; 9 |
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| 91 | 91 | | (5) "Office" means the office of the special education ombud; 10 |
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| 92 | 92 | | (6) "State special education ombud", "state ombud" or "ombud" means the state special 11 |
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| 93 | 93 | | education ombud; and 12 |
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| 94 | 94 | | (7) "Student" means a public school, public charter school or private school student age 13 |
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| 95 | 95 | | three (3) through the age of twenty-two (22) receiving or seeking special education services, such 14 |
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| 96 | 96 | | as early intervention, IEP, 504 Plan and transitional plan for student leaving high school. 15 |
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| 97 | 97 | | 42-165-4. Appointment of the special education ombud. 16 |
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| 98 | 98 | | (a) The governor, with the advice and consent of the senate, shall appoint a person qualified 17 |
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| 99 | 99 | | by education, training and experience to analyze problems of law, administration and public policy, 18 |
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| 100 | 100 | | and to perform the responsibilities of the state special education ombud, as set forth in this chapter. 19 |
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| 101 | 101 | | The ombud shall hold office for a term of five (5) years and shall continue to hold office until his 20 |
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| 102 | 102 | | or her successor is appointed and qualified. The ombud may be reappointed for additional terms. 21 |
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| 103 | 103 | | (b) The appointment shall be made from a list of at least three (3) individuals submitted by 22 |
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| 104 | 104 | | a committee, to be convened by the governor, consisting of seven (7) members as follows: 23 |
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| 105 | 105 | | (1) One of whom shall be an attorney who practices in the area of special education 24 |
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| 106 | 106 | | advocacy law appointed by the Rhode Island Bar Association; 25 |
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| 107 | 107 | | (2) One of whom shall be a special education administrator of a municipal school district, 26 |
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| 108 | 108 | | appointed by the Association of Rhode Island Administrators of Special Education; 27 |
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| 109 | 109 | | (3) One of whom shall be a special education teacher appointed by the American Federation 28 |
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| 110 | 110 | | of Teachers (AFT); 29 |
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| 111 | 111 | | (4) One of whom shall be a special education teacher appointed by the National Education 30 |
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| 112 | 112 | | Association; 31 |
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| 113 | 113 | | (5) One of whom shall be a parent, guardian or caretaker of a student with special needs 32 |
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| 114 | 114 | | appointed by Rhode Island Advocacy for Children; 33 |
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| 115 | 115 | | (6) One of whom shall be the executive director of the Rhode Island developmental 34 |
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| 116 | 116 | | |
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| 117 | 117 | | |
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| 118 | 118 | | LC000894 - Page 4 of 11 |
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| 119 | 119 | | disabilities council, or designee; and 1 |
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| 120 | 120 | | (7) One of whom shall be the child advocate, or designee. 2 |
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| 121 | 121 | | (c) Members of the committee shall have knowledge of federal and state special education 3 |
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| 122 | 122 | | law, knowledge of civil rights, or experience with the implementation of an individualized 4 |
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| 123 | 123 | | education program (IEP) and § 504 of the Rehabilitation Act of 1973 (504 plans). 5 |
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| 124 | 124 | | 42-165-5. Organization of the office of the state special education ombud. 6 |
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| 125 | 125 | | (a) The ombud shall select, appoint and fix the compensation of a person as deputy ombud 7 |
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| 126 | 126 | | and shall select, appoint and fix the compensation of such other employees as the ombud may deem 8 |
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| 127 | 127 | | necessary to discharge the ombud’s responsibilities under this chapter, and shall include, but not 9 |
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| 128 | 128 | | be limited to: 10 |
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| 129 | 129 | | (1) In-house legal counsel; 11 |
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| 130 | 130 | | (2) A data and evaluation coordinator; 12 |
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| 131 | 131 | | (3) An intake coordinator to screen inquiries and complaints filed by the public; and 13 |
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| 132 | 132 | | (4) A community liaison to develop strategic partnerships with community organizations, 14 |
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| 133 | 133 | | including the parent training and information center, that serve students with disabilities and their 15 |
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| 134 | 134 | | families. Compensation shall be fixed within the amount available by appropriation. All officers 16 |
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| 135 | 135 | | and employees shall serve at the ombud’s pleasure. 17 |
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| 136 | 136 | | (b) The ombud may delegate to staff members any authority, power or duty except this 18 |
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| 137 | 137 | | power of delegation and the ombud’s duty to make any report under this chapter. However, the 19 |
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| 138 | 138 | | ombud may authorize the deputy ombud to act in the ombud’s stead in the event of illness, absence, 20 |
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| 139 | 139 | | leave or disability, or when, in the ombud’s sole discretion, an appearance of impropriety or 21 |
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| 140 | 140 | | partiality or a conflict of interest prevents the ombud from discharging his or her duty in a particular 22 |
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| 141 | 141 | | matter. 23 |
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| 142 | 142 | | 42-165-6. Powers and duties of the state special education ombud. 24 |
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| 143 | 143 | | (a) The state special education ombud shall have the authority to: 25 |
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| 144 | 144 | | (1) Monitor the department’s special education complaint and dispute resolution processes 26 |
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| 145 | 145 | | to ensure transparency and accountability; 27 |
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| 146 | 146 | | (2) Investigate, on complaint or on the ombud’s own initiative, any administrative act by 28 |
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| 147 | 147 | | the department pertaining to special education services, pursuant to § 42-165-8; 29 |
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| 148 | 148 | | (3) Assist students and guardians in protecting the educational rights of students, which 30 |
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| 149 | 149 | | may include assisting students and guardians in individualized education plan meetings or other 31 |
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| 150 | 150 | | proceedings pursuant to chapter 24 of title 16 and the Individuals with Disabilities Education Act 32 |
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| 151 | 151 | | (IDEA); 33 |
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| 152 | 152 | | (4) Under limited circumstances pursuant to § 42-165-8, investigate special education-34 |
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| 153 | 153 | | |
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| 154 | 154 | | |
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| 155 | 155 | | LC000894 - Page 5 of 11 |
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| 156 | 156 | | related action taken by a local education agency or school; and 1 |
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| 157 | 157 | | (5) Promulgate rules and regulations required for the discharge of the ombud’s duties, 2 |
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| 158 | 158 | | including procedures for receiving and processing complaints, conducting investigations, and 3 |
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| 159 | 159 | | reporting findings conclusions and recommendations; 4 |
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| 160 | 160 | | (b) The office of the state special education ombud shall: 5 |
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| 161 | 161 | | (1) Inform students and guardians about special education resources in their community; 6 |
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| 162 | 162 | | (2) Ensure that students and guardians have regular and timely access to the services 7 |
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| 163 | 163 | | provided through the office and that students and guardians receive timely responses from 8 |
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| 164 | 164 | | representatives of the office; 9 |
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| 165 | 165 | | (3) Identify any patterns of concerns that emerge regarding special education services and 10 |
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| 166 | 166 | | educational rights and recommend strategies for improvement to the department; 11 |
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| 167 | 167 | | (4) Collaborate with the department and local education agencies' directors of special 12 |
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| 168 | 168 | | education to ensure that all dispute resolution processes are available to students and guardians; 13 |
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| 169 | 169 | | (5) Collect, analyze, and disseminate data and collaborate with advocacy agencies within 14 |
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| 170 | 170 | | the state to identify and report systemic special education issues to the department; 15 |
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| 171 | 171 | | (6) Ensure that office staff and contractors are trained in: 16 |
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| 172 | 172 | | (i) Federal, state and local laws, rules and policies with respect to special education in the 17 |
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| 173 | 173 | | state; 18 |
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| 174 | 174 | | (ii) Investigative techniques to determine if students are receiving special education 19 |
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| 175 | 175 | | opportunities; 20 |
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| 176 | 176 | | (iii) Dispute resolution; and 21 |
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| 177 | 177 | | (iv) Such other matters as the office deems appropriate; 22 |
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| 178 | 178 | | (7) Analyze, comment on and monitor the development and implementation of federal and 23 |
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| 179 | 179 | | state laws, rules and other governmental policies and actions that pertain to the educational rights 24 |
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| 180 | 180 | | of students with respect to the adequacy of special education services in the state; 25 |
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| 181 | 181 | | (8) Recommend changes to laws, rules, policies and actions pertaining to the special 26 |
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| 182 | 182 | | educational rights of students as the office determines to be appropriate; 27 |
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| 183 | 183 | | (9) Facilitate public comment on proposed laws, rules, policies and actions; and 28 |
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| 184 | 184 | | (10) Provide information and data to public and private agencies, legislators and other 29 |
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| 185 | 185 | | persons regarding the problems and concerns of special education services and make 30 |
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| 186 | 186 | | recommendations related to those problems and concerns. 31 |
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| 187 | 187 | | 42-165-7. Annual report. 32 |
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| 188 | 188 | | No later than December 1, of each year, the office shall prepare and submit a report to the 33 |
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| 189 | 189 | | governor and to the general assembly that includes: 34 |
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| 190 | 190 | | |
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| 191 | 191 | | |
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| 192 | 192 | | LC000894 - Page 6 of 11 |
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| 193 | 193 | | (1) Actions taken by the office in the prior school year for which the report is prepared; 1 |
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| 194 | 194 | | (2) Special education concerns identified by or on behalf of students and guardians, 2 |
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| 195 | 195 | | resolution of the concerns and the effectiveness of the resolution processes; 3 |
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| 196 | 196 | | (3) Recommendations for improving the quality of special education services provided to 4 |
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| 197 | 197 | | students and protecting the educational rights of students; and 5 |
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| 198 | 198 | | (4) Policy, inclusive of regulatory and legislative recommendations, to solve identified 6 |
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| 199 | 199 | | concerns related to special education, to improve processes of resolutions of concerns, to improve 7 |
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| 200 | 200 | | the quality of services provided to students, to protect the educational rights of students and to 8 |
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| 201 | 201 | | remove barriers to education and educational services. 9 |
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| 202 | 202 | | 42-165-8. Investigations of special education complaints to the ombud. 10 |
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| 203 | 203 | | (a) The office shall have the authority to investigate complaints related to special education 11 |
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| 204 | 204 | | communicated to the office by or on behalf of students and guardians, pursuant to procedures and 12 |
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| 205 | 205 | | regulations promulgated by the office of the special education ombud. 13 |
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| 206 | 206 | | (b) Prior to formally investigating special education complaints, the office of the state 14 |
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| 207 | 207 | | special education ombud shall make a reasonable effort to determine: 15 |
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| 208 | 208 | | (1) That the student, parent, or guardian has pursued standard special education dispute 16 |
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| 209 | 209 | | resolution processes, or has not been reasonably able to avail themselves of the opportunity to 17 |
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| 210 | 210 | | pursue those processes; or 18 |
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| 211 | 211 | | (2) That the matter has been referred to the office for investigation by a federally-19 |
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| 212 | 212 | | designated parent training and information center (PTIC) charged with dealing with special 20 |
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| 213 | 213 | | education and disabilities under 20 U.S.C. 1471; or 21 |
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| 214 | 214 | | (3) That the student, parent, or guardian has filed a complaint with the department, and the 22 |
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| 215 | 215 | | department has failed to provide timely response to such complaint, or the department has 23 |
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| 216 | 216 | | responded to such complaint and the student’s school or district has failed to comply with the 24 |
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| 217 | 217 | | department’s determination. 25 |
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| 218 | 218 | | (c)(1) If determined by the ombud to be a suitable subject for investigation, the ombud may 26 |
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| 219 | 219 | | conduct a suitable investigation. An appropriate subject for investigation by the ombud includes 27 |
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| 220 | 220 | | any administrative act by the department which the ombud believes may be: 28 |
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| 221 | 221 | | (i) Contrary to law or regulation; 29 |
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| 222 | 222 | | (ii) Based on mistaken facts or irrelevant considerations; 30 |
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| 223 | 223 | | (iii) Unsupported by an adequate statement of reasons; 31 |
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| 224 | 224 | | (iv) Performed in an inefficient manner; 32 |
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| 225 | 225 | | (v) Unreasonable, unfair, or otherwise objectionable, even though in accordance with law; 33 |
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| 226 | 226 | | or 34 |
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| 227 | 227 | | |
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| 228 | 228 | | |
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| 229 | 229 | | LC000894 - Page 7 of 11 |
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| 230 | 230 | | (vi) Otherwise erroneous. 1 |
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| 231 | 231 | | (2) Additionally, a complaint that a school or district has failed to comply with a previous 2 |
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| 232 | 232 | | special education dispute resolution agreement or determination made by the department shall be 3 |
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| 233 | 233 | | considered an appropriate subject for investigation by the ombud. 4 |
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| 234 | 234 | | (d) If, after investigation, the ombud is of the opinion that the department should: 5 |
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| 235 | 235 | | (1) Consider the matter further; 6 |
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| 236 | 236 | | (2) Modify or cancel an administrative action; 7 |
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| 237 | 237 | | (3) Alter a regulation or practice; 8 |
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| 238 | 238 | | (4) Explain more fully the administrative action in question; or 9 |
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| 239 | 239 | | (5) Pursue additional administrative action, in the case of a school or district failing to 10 |
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| 240 | 240 | | comply with a previous agreement or department determination, the ombud shall state any 11 |
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| 241 | 241 | | conclusions, recommendations and reasons therefore to the department. If the ombud so requests, 12 |
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| 242 | 242 | | the department shall inform the ombud, in a timely manner, about the action taken on 13 |
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| 243 | 243 | | recommendations or reasons for not adopting recommendations. 14 |
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| 244 | 244 | | (e) Before formally issuing a conclusion or recommendation that is significantly critical or 15 |
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| 245 | 245 | | adverse to the department, the ombud shall have consulted with the department and permitted the 16 |
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| 246 | 246 | | department reasonable opportunity to reply. 17 |
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| 247 | 247 | | (f) The ombud, in his or her discretion, may decide not to investigate for reasons including, 18 |
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| 248 | 248 | | but not limited to: 19 |
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| 249 | 249 | | (1) The complainant could reasonably be expected to use another remedy or channel; 20 |
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| 250 | 250 | | (2) The complaint is trivial or not made in good faith; 21 |
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| 251 | 251 | | (3) The complainant is not aggrieved, either personally or on behalf of a student over whom 22 |
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| 252 | 252 | | they have custody and control, by the subject matter of the complaint; or 23 |
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| 253 | 253 | | (4) Resources are insufficient for adequate investigation; 24 |
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| 254 | 254 | | (g) The ombud declining to investigate a complaint shall not bar the ombud from 25 |
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| 255 | 255 | | proceeding on his or her own initiative to investigate an administrative act whether or not included 26 |
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| 256 | 256 | | in the complaint. 27 |
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| 257 | 257 | | (h) If the office does not address a complaint, the office shall notify the complainant of the 28 |
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| 258 | 258 | | decision not to address the complaint and the reasons for the decision, and shall, if appropriate, 29 |
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| 259 | 259 | | refer the complainant to other special education resources in the community. 30 |
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| 260 | 260 | | 42-165-9. Access to student educational records. 31 |
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| 261 | 261 | | Upon request and with consent from the student or the student's guardian, the office shall 32 |
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| 262 | 262 | | have access to the student's educational records from the department, local education agency or any 33 |
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| 263 | 263 | | school in possession of the student's records that are necessary to carry out the office's 34 |
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| 264 | 264 | | |
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| 265 | 265 | | |
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| 266 | 266 | | LC000894 - Page 8 of 11 |
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| 267 | 267 | | responsibilities. 1 |
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| 268 | 268 | | 42-165-10. Confidentiality. 2 |
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| 269 | 269 | | (a) All files, records and evaluation forms maintained by the office that pertain to students 3 |
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| 270 | 270 | | are confidential and shall not be deemed "public records" subject to disclosure under chapter 2 of 4 |
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| 271 | 271 | | title 38 and shall be compliant with the Family Educational Rights and Privacy Act (FERPA) and 5 |
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| 272 | 272 | | the Health Insurance Portability and Accountability Act (HIPAA) except that the state ombud may 6 |
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| 273 | 273 | | disclose the identity of a concerned person or student if: 7 |
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| 274 | 274 | | (1) The student, provided they are over the age of eighteen (18), or the student's guardian 8 |
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| 275 | 275 | | consents in writing to the disclosure; or 9 |
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| 276 | 276 | | (2) The student, who is over the age of eighteen (18), or the student's guardian is unable to 10 |
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| 277 | 277 | | give written consent, and the student or the student's guardian gives consent using any method that 11 |
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| 278 | 278 | | the student or the student's guardian is able to; provided that, the method used to communicate is 12 |
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| 279 | 279 | | usual or customary for the individual and clearly indicates that they consent to the disclosure; and 13 |
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| 280 | 280 | | provided further that, the consent shall also be documented immediately in writing by a 14 |
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| 281 | 281 | | representative of the office; or 15 |
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| 282 | 282 | | (4) Disclosure is ordered by the court. 16 |
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| 283 | 283 | | (b) The annual report required pursuant to this chapter may use confidential information 17 |
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| 284 | 284 | | and may be published or furnished to the public; provided that, the report does not identify 18 |
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| 285 | 285 | | individual students directly or indirectly nor violate the privileged or confidential nature of the 19 |
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| 286 | 286 | | relationship and communications between the student and the office. 20 |
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| 287 | 287 | | 42-165-11. Conflict of Interest. 21 |
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| 288 | 288 | | (a) An ombud shall not: 22 |
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| 289 | 289 | | (1) Have an ownership or investment or other financial relationship in a school providing 23 |
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| 290 | 290 | | special education services; 24 |
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| 291 | 291 | | (2) Be employed by, or participating in the management of, a school providing special 25 |
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| 292 | 292 | | education services; and 26 |
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| 293 | 293 | | (3) Receive, or have the right to receive, directly or indirectly, remuneration with a school 27 |
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| 294 | 294 | | providing special education services. 28 |
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| 295 | 295 | | (b) The governor shall ensure that the person or an immediate family member of that person 29 |
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| 296 | 296 | | appointed ombud does not have a conflict of interest. 30 |
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| 297 | 297 | | (c) The ombud shall ensure that an employee or a contractor of the office does not have a 31 |
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| 298 | 298 | | conflict of interest. 32 |
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| 299 | 299 | | 42-165-12. Posting and distribution of ombud information - Evaluation of process. 33 |
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| 300 | 300 | | (a) Every school providing special education services shall post, in a conspicuous location 34 |
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| 301 | 301 | | |
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| 302 | 302 | | |
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| 303 | 303 | | LC000894 - Page 9 of 11 |
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| 304 | 304 | | in the school, a notice regarding the office that contains a brief description of the services provided 1 |
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| 305 | 305 | | by the office and the name, address, and phone number of the office and shall post the information 2 |
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| 306 | 306 | | on the school's website, if applicable. The school providing special education services shall 3 |
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| 307 | 307 | | distribute information regarding the state ombud at the beginning of every school year, in addition 4 |
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| 308 | 308 | | to providing the information as part of the annual individual education plan (IEP) process prior to 5 |
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| 309 | 309 | | scheduling the first individual education plan meeting of each school year. The form of the notice 6 |
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| 310 | 310 | | shall be developed by the office and made easily available to schools. 7 |
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| 311 | 311 | | (b) The department, in conjunction with the ombud, shall develop and implement a 8 |
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| 312 | 312 | | reasonable, accessible and consistent method of evaluation that shall be made available to students 9 |
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| 313 | 313 | | and/or parents or guardians, for the purpose of regularly collecting feedback from families about 10 |
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| 314 | 314 | | their satisfaction with special education services and dispute resolution processes that are available 11 |
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| 315 | 315 | | to them. The evaluation shall be made available in as many modalities as is necessary to be made 12 |
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| 316 | 316 | | reasonably accessible to any student or guardian, and shall be made available in multiple languages. 13 |
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| 317 | 317 | | Students and guardians shall have the option to complete the evaluation anonymously, and any 14 |
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| 318 | 318 | | published data from the evaluation shall be de-identified and protect personally identifiable data. 15 |
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| 319 | 319 | | The ombud shall have access to all data collected from the evaluation method(s) adopted by the 16 |
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| 320 | 320 | | department. 17 |
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| 321 | 321 | | 42-165-13. Availability of legal counsel to the office. 18 |
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| 322 | 322 | | The governor shall ensure that adequate legal counsel is available and is able, without 19 |
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| 323 | 323 | | conflict of interest, to: 20 |
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| 324 | 324 | | (1) Provide advice and consultation to the office needed to protect the educational rights of 21 |
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| 325 | 325 | | students; and 22 |
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| 326 | 326 | | (2) Assist the office and contractors in the performance of the official duties of the state 23 |
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| 327 | 327 | | ombud and its representatives. 24 |
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| 328 | 328 | | 42-165-14. Interference with the office and retaliation. 25 |
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| 329 | 329 | | (a) A person shall not willfully interfere with the lawful actions of the office. 26 |
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| 330 | 330 | | (b) A person shall not institute discriminatory, disciplinary or retaliatory action against any 27 |
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| 331 | 331 | | student or guardian for filing a complaint with, providing information to or otherwise cooperating 28 |
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| 332 | 332 | | with the office. 29 |
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| 333 | 333 | | (c) If a school district or department personnel or a contractor or volunteer of a school 30 |
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| 334 | 334 | | district or the department fails to comply with the provisions of this chapter: 31 |
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| 335 | 335 | | (1) The ombud shall report the noncompliance to the commissioner of elementary and 32 |
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| 336 | 336 | | secondary education or, when appropriate, the governor; 33 |
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| 337 | 337 | | (2) The office shall collaborate with the department to access processes and resources to 34 |
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| 338 | 338 | | |
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| 339 | 339 | | |
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| 340 | 340 | | LC000894 - Page 10 of 11 |
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| 341 | 341 | | address special education services concerns; 1 |
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| 342 | 342 | | (3) The office shall collaborate with the department to identify further appropriate actions 2 |
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| 343 | 343 | | to be taken in response to the report, which may include a corrective action plan or any other 3 |
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| 344 | 344 | | administrative action that the department is authorized to take to ensure that students receive the 4 |
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| 345 | 345 | | free and appropriate public education required by state law including chapter 24 of title 16 and 5 |
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| 346 | 346 | | federal law, including the Individuals with Disabilities Education Act (IDEA); and 6 |
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| 347 | 347 | | (4) The office shall provide a letter to the concerned person and guardian explaining the 7 |
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| 348 | 348 | | actions needed to be taken by the department to ensure compliance with this chapter. 8 |
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| 349 | 349 | | SECTION 3. This act shall take effect upon passage. 9 |
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| 350 | 350 | | ======== |
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| 351 | 351 | | LC000894 |
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| 353 | 353 | | |
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| 354 | 354 | | |
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| 355 | 355 | | LC000894 - Page 11 of 11 |
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| 356 | 356 | | EXPLANATION |
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| 357 | 357 | | BY THE LEGISLATIVE COUNCIL |
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| 358 | 358 | | OF |
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| 359 | 359 | | A N A C T |
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| 360 | 360 | | RELATING TO STATE AFFAIRS AND GOVERNMENT -- OFFICE OF THE SPECIAL |
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| 361 | 361 | | EDUCATION OMBUD |
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| 362 | 362 | | *** |
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| 363 | 363 | | This act would establish the office of the Rhode Island ombud for special education, which 1 |
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| 364 | 364 | | would serve independent of the department of elementary and secondary education, to ensure 2 |
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| 365 | 365 | | school districts throughout the state meet the minimum standards required to comply with the 3 |
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| 366 | 366 | | individualized education programs for students with disabilities. This act would also require that 4 |
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| 367 | 367 | | families be provided a method of evaluation for collecting feedback about the level of satisfaction 5 |
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| 368 | 368 | | with the special education services and dispute resolution processes available to them. 6 |
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| 369 | 369 | | This act would take effect upon passage. 7 |
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| 371 | 371 | | LC000894 |
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