Rhode Island 2023 Regular Session

Rhode Island Senate Bill S0485 Compare Versions

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99 S TATE OF RHODE IS LAND
1010 IN GENERAL ASSEMBLY
1111 JANUARY SESSION, A.D. 2023
1212 ____________
1313
1414 A N A C T
1515 RELATING TO EDUCATION -- CHILDREN WITH DISABILITIES
1616 Introduced By: Senators Quezada, Cano, Ujifusa, Euer, Gallo, Pearson, Tikoian,
1717 Valverde, and Murray
1818 Date Introduced: March 07, 2023
1919 Referred To: Senate Education
2020
2121
2222 It is enacted by the General Assembly as follows:
2323 SECTION 1. Section 16-24-18 of the General Laws in Chapter 16-24 entitled "Children 1
2424 With Disabilities [See Title 16 Chapter 97 — The Rhode Island Board of Education Act]" is hereby 2
2525 amended to read as follows: 3
2626 16-24-18. Transition from school to self-sufficient adulthood for students with 4
2727 disabilities. 5
2828 (a) There is established within the department of elementary and secondary education an 6
2929 interagency transition council (the “transition council”) composed of: 7
3030 (1) The administrators or their designees of the following: 8
3131 (i) Department of human services — office of rehabilitation services; 9
3232 (ii) Department of behavioral healthcare, developmental disabilities and hospitals — 10
3333 division of developmental disabilities; 11
3434 (iii) Department of behavioral healthcare, developmental disabilities and hospitals — 12
3535 division of behavioral healthcare; 13
3636 (iv) Department of children, youth, and families; 14
3737 (v) Department of elementary and secondary education — office of student, community 15
3838 and academic supports; 16
3939 (vi) Department of elementary and secondary education — office of adult and career and 17
4040 technical education; 18
4141 (vii) Department of labor and training — human resource investment council governor's 19
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4545 workforce board; 1
4646 (viii) Department of health — division of community, family health, and equity; and 2
4747 (2) Postsecondary commissioner Commissioner of higher education or his or her designee; 3
4848 and 4
4949 (3) Two (2) young persons with disabilities, two (2) parents of young persons with 5
5050 disabilities, and two (2) representatives of local school districts and one transition coordinator from 6
5151 one of the regional educational collaboratives, appointed by the commissioner of elementary and 7
5252 secondary education. 8
5353 (4) One representative of community-based providers of services to adults with 9
5454 developmental disabilities and one representative of community-based providers of adult 10
5555 behavioral healthcare services, appointed by the director of the department of behavioral 11
5656 healthcare, developmental disabilities and hospitals. 12
5757 (b) The goal of the transition council is to ensure the preparedness of students with 13
5858 disabilities, upon leaving school, to live and work in the community. 14
5959 (c) The transition council shall draft and propose periodic revisions to the cooperative 15
6060 agreement among the state departments and offices for the provisions of services in the transition 16
6161 of young persons with disabilities from school to self-sufficient adult life. The directors of the state 17
6262 departments and agencies shall sign the cooperative agreement and any revisions, prior to their 18
6363 implementation. The transition council shall oversee the implementation of the cooperative 19
6464 agreement. The council shall issue guidelines or instructions and recommend to the state 20
6565 departments and agencies appropriate directives necessary to effectuate the implementation of the 21
6666 cooperative agreement. The transition council shall develop joint plans for state departments and 22
6767 agencies and local school districts for providing transition services to assist young persons with 23
6868 disabilities. The transition council shall, after hearing from the public, issue an annual report to the 24
6969 governor, children’s cabinet, and general assembly on the status of transition services and 25
7070 recommendations for improving opportunities for young persons with disabilities to make a 26
7171 successful transition from school to self-sufficient adult life. 27
7272 (d) Individualized transition planning will be initiated by the school district to include the 28
7373 young person with a disability, guardian, general education and special education personnel as 29
7474 appropriate, career and technical education, and representatives of any party to the delivery and 30
7575 implementation of the individual plan. Transition planning will begin by age fourteen (14) or 31
7676 younger if determined appropriate in the individualized education program, for each eligible young 32
7777 person with a disability and shall be reviewed and updated annually. 33
7878 (e) As used in this section: 34
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8282 (1) “Transition services” means a coordinated set of activities for a young person with a 1
8383 disability, designed within an outcome oriented process, that promotes movement from school to 2
8484 post-school activities including postsecondary education, vocational training, integrated 3
8585 employment (including supported employment), continuing and adult education, adult services, 4
8686 independent living, or community participation. The activities shall be based on the needs of the 5
8787 individual young person with a disability, taking into account the young person with a disability’s 6
8888 preferences and interests; and shall include needed activities in the areas of: 7
8989 (i) Instruction: 8
9090 (ii) Community experiences; 9
9191 (iii) The development of employment and other post-school adult living objectives; and 10
9292 (iv) If appropriate, acquisition of daily living skills and functional vocational evaluation. 11
9393 (2) “Young person(s) with a disability” means those students: 12
9494 (i) Evaluated in accordance with the Individuals with Disabilities Education Act, 20 U.S.C. 13
9595 § 1400 et seq., as having mental retardation, hearing impairments including deafness, speech or 14
9696 language impairments, visual impairments including blindness, serious emotional disturbance, 15
9797 orthopedic impairments, autism, traumatic brain injury, other health impairments, specific learning 16
9898 disabilities, deaf-blindness, or multiple disabilities intellectual disabilities, hearing impairments 17
9999 (including deafness), speech or language impairments, visual impairments (including blindness), 18
100100 serious emotional disturbance (referred to in this chapter as “emotional disturbance”), orthopedic 19
101101 impairments, autism, traumatic brain injury, other health impairments, or specific learning 20
102102 disabilities; or 21
103103 (ii) Who, by reason of the evaluation, needs special education and related services, or 22
104104 because of those impairments needs special education and related services, and or 23
105105 (iii) Age fourteen (14) or younger if determined appropriate in the individualized education 24
106106 program. Who have a Rehabilitation Act of 1973 as amended Section 504 plan, "29 U.S. Code § 25
107107 794 - Nondiscrimination under federal grants and programs"; or 26
108108 (iv) Age fourteen (14) or younger if determined appropriate. 27
109109 SECTION 2. This act shall take effect upon passage. 28
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116116 EXPLANATION
117117 BY THE LEGISLATIVE COUNCIL
118118 OF
119119 A N A C T
120120 RELATING TO EDUCATION -- CHILDREN WITH DISABILITIES
121121 ***
122122 This act would require transition planning for high school students with disabilities, who 1
123123 have a “504” plan, like the transition planning required for high school students with disabilities, 2
124124 who have an individualized education program (IEP). 3
125125 This act would take effect upon passage. 4
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