Rhode Island 2023 Regular Session

Rhode Island Senate Bill S0490 Compare Versions

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

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5	5	2023 -- S 0490
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7	7	LC001734
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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 -- HIGHER EDUCATION OPPORTUNITIES FOR STUDENTS
16	16	WITH DISABILITIES
17	17	Introduced By: Senators DiMario, Murray, Lawson, DiPalma, Gallo, Euer, and Valverde
18	18	Date Introduced: March 07, 2023
19	19	Referred To: Senate Education
20	20
21	21
22	22	It is enacted by the General Assembly as follows:
23	23	SECTION 1. Title 16 of the General Laws entitled "EDUCATION" is hereby amended by 1
24	24	adding thereto the following chapter: 2
25	25	CHAPTER 24.2 3
26	26	HIGHER EDUCATION OPPORTUNITIES FOR STUDENTS WITH DISABILITIES ACT 4
27	27	16-24.2-1. Title. 5
28	28	This act shall be known and may be cited as the “Higher Education Opportunities for 6
29	29	Students with Intellectual Disabilities Act.” 7
30	30	16-24.2-2. Purpose. 8
31	31	The purpose of this chapter is to provide inclusive educational opportunities for a child or 9
32	32	student with a disability as referenced in § 16-24-1, to improve academic achievement, develop 10
33	33	employment and independent living skills and enhance the overall and independent learning 11
34	34	environments for these persons. More generally, the purpose of this chapter is to offer a further 12
35	35	enhanced option to students with a disability to obtain social and emotional growth, support, and 13
36	36	development. This chapter includes students with disabilities, severe intellectual disabilities, severe 14
37	37	autism spectrum disorders or other severe developmental disabilities. As used in this chapter, the 15
38	38	term "student with a disability" means a student who is eligible for and receives special education 16
39	39	services as described in § 16-24-1. 17
40	40	16-24.2-3. Attendance at state colleges and universities. 18
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43	43	LC001734 - Page 2 of 7
44	44	(a) Students with a disability who are eighteen (18) to twenty-one (21) years of age, 1
45	45	inclusive, and up to twenty-two (22) years of age where the provisions of § 16-24-1(f) are 2
46	46	applicable, who receive special education services and have disabilities including, but not limited 3
47	47	to, severe intellectual disabilities, severe autism spectrum disorders or other severe developmental 4
48	48	disabilities and are receiving special education services may also have program options including, 5
49	49	but not limited to, continuing education, participation in credit and noncredit courses that include 6
50	50	students without disabilities in an institution of higher education, development of independent 7
51	51	living skills, development of skills necessary for employment and development of skills to access 8
52	52	community services. Participation of such students in institutions of higher education under this 9
53	53	section shall be considered an approved expense as a special education service and shall be a benefit 10
54	54	available to them pursuant to the provisions of § 16-24-1. More specifically, the provision of this 11
55	55	chapter shall be considered a form of secondary school education; provided, however, that this 12
56	56	service is addressed in and provided in accordance with the student’s individualized education 13
57	57	program pursuant § 16-24-1. 14
58	58	(b) Schools for which a student may attend include all state colleges and universities, 15
59	59	including the community college of Rhode Island, Rhode Island college, and the university of 16
60	60	Rhode Island. 17
61	61	16-24.2-4. Program requirements. 18
62	62	(a) To ensure that students with a disability, including, but not limited to, individuals with 19
63	63	severe intellectual disabilities, severe autism spectrum disorders or other severe developmental 20
64	64	disabilities, have opportunities to be included with non-disabled students in all aspects of higher 21
65	65	education for the purpose of gaining academic, career, technical and independent living skills to 22
66	66	prepare them for adult life, including, but not limited to, employment and civic engagement, such 23
67	67	individuals attending a state institution of postsecondary education pursuant to this chapter shall 24
68	68	not be required to: 25
69	69	(1) Take any standardized college entrance aptitude test; 26
70	70	(2) Have a high school diploma or its equivalent; 27
71	71	(3) Meet minimum academic course requirements; 28
72	72	(4) Meet minimum grade point average requirements; or 29
73	73	(5) Obtain a passing score on any statewide assessment tests, in order to participate in 30
74	74	undergraduate academic courses, internships, work-based trainings, extracurricular activities that 31
75	75	include non-disabled students and all other aspects of campus life in accordance with this chapter. 32
76	76	(b)(1) State institutions of higher education, in consultation with the department of 33
77	77	elementary and secondary education and the office of the postsecondary commissioner, and 34
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81	81	consistent with the purposes of this chapter, may create guidelines to select students participating 1
82	82	in higher education pursuant to this chapter, including, but not limited to, guidelines to determine 2
83	83	campus capacity and to coordinate selection of students with relevant local, state or other public 3
84	84	agencies serving students with severe intellectual disabilities, severe autism spectrum disorders or 4
85	85	other severe developmental disabilities. Provided, however, that these individuals shall not be 5
86	86	denied opportunities to participate in higher education solely due to their intellectual disability, 6
87	87	autism spectrum disorders or developmental disability. 7
88	88	(2) Public institutions of higher education, in consultation with the department of 8
89	89	elementary and secondary education and the office of the postsecondary commissioner, and 9
90	90	consistent with the purposes of this section, may also establish course selection guidelines to help 10
91	91	ensure that participating individuals receive guidance in selecting courses that are appropriate to 11
92	92	their individual strengths, needs, preferences and interests. 12
93	93	(3) Participating individuals shall be permitted to: 13
94	94	(i) Take a credit-bearing, undergraduate academic course for credit if they have met the 14
95	95	course prerequisites and requirements; or 15
96	96	(ii) Audit a credit-bearing, undergraduate academic course, consistent with campus policies 16
97	97	governing selection of students for audit participation, if they have not met the course prerequisites 17
98	98	and requirements. 18
99	99	(4) Nothing in this chapter shall require a public institution of higher education to provide 19
100	100	course enrollment or audit preference for students with severe intellectual disabilities, severe autism 20
101	101	spectrum disorders or other severe developmental disabilities, relative to other persons seeking to 21
102	102	enroll or audit a course. Nothing in this section shall require a public institution of higher education 22
103	103	to include students with severe intellectual disabilities, severe autism spectrum disorders or other 23
104	104	severe developmental disabilities in graduate and continuing education courses. 24
105	105	(c) Individuals participating in higher education pursuant to subsections (a) and (b) of this 25
106	106	section shall have access to and be included with non-disabled students in all academic and non-26
107	107	academic opportunities at public institutions of higher education in order to have inclusive 27
108	108	educational opportunities to acquire academic, career, technical and independent living skills that 28
109	109	prepare them for adult life including, but not limited to, employment and civic engagement. 29
110	110	Individual supports and services shall be made available to support inclusion in academic courses, 30
111	111	extracurricular activities, and other aspects of campus life; provided, however, that nothing in this 31
112	112	subsection shall supersede subsections (b) and (d) of this section. 32
113	113	(d)(1) Public institutions of higher education shall not be required to bear the costs of 33
114	114	individual supports and services that exceed the kind of supports and services generally provided 34
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118	118	by public institutions of higher education. 1
119	119	(2) Costs associated with supporting participation in public institutions of higher education 2
120	120	under this section shall be: 3
121	121	(i) An approved expense as a special education service pursuant to § 16-24-1 and shall be 4
122	122	considered secondary school education; provided, however, that a student’s participation in higher 5
123	123	education is addressed in the student’s individualized education program under § 16-24-1 for 6
124	124	students ages eighteen (18) to twenty-one (21) years old, inclusive, and age twenty-two (22) years, 7
125	125	where applicable; provided further, that such student is considered to have a disability, a severe 8
126	126	intellectual disability, a severe autism spectrum disorder or other severe developmental disability; 9
127	127	provided further, that in the case of students who are age eighteen (18) or nineteen (19), 10
128	128	participation shall be limited to students with a disability, a severe intellectual disability, a severe 11
129	129	autism spectrum disorder or other severe developmental disability who have been unable to obtain 12
130	130	a passing score on any statewide assessment tests utilized as a basis for competency determination. 13
131	131	Provided further, that in the case of students ages twenty (20) or twenty-one (21) or twenty-two 14
132	132	(22) where applicable, participation shall be limited to students with a disability, a severe 15
133	133	intellectual disability, a severe autism spectrum disorder or other severe developmental disability 16
134	134	who have been unable to obtain a passing score on any statewide assessment tests utilized as a basis 17
135	135	for competency determinations, or who have already been determined eligible for special education 18
136	136	and have also been determined by the individualized education program team to have severe 19
137	137	functional delays impacting independent living, communication or behavioral skills resulting in 20
138	138	skills that are significantly below chronological age. Provided further, that nothing in this section 21
139	139	shall impose an additional cost on a school committee beyond the cost of what is required under 22
140	140	state or federal special education law. The school committee shall forward the foundation education 23
141	141	aid amount for the student, as determined in § 16-7.2-3, to the state college or university, and the 24
142	142	state college and university shall not charge the district or the student for any costs of educating the 25
143	143	student beyond the foundation education aid amount; 26
144	144	(ii) Subject to the availability of federal funding and appropriation of foundation education 27
145	145	aid pursuant to chapters 7, 7.1, and 7.2 of title 16, for individuals who are determined eligible for 28
146	146	vocational rehabilitation services. Access to higher education assists in the attainment of an 29
147	147	identified employment goal, as determined by the agency, consistent with all applicable regulations 30
148	148	and subject to the development of an individualized plan for employment; 31
149	149	(iii) Costs of participation may be covered by any other public or private sources available 32
150	150	to the student. 33
151	151	(e) Participating individuals under this section shall be required to follow the public 34
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155	155	institution of higher education’s student behavioral policies, including the student code of conduct, 1
156	156	antidiscrimination and sexual violence policies; provided, however, that the public institution of 2
157	157	higher education shall provide such policies in accessible formats and shall provide reasonable 3
158	158	accommodations for participating individuals in any process instituted thereunder. 4
159	159	(f) Nothing in this section shall be construed to impose any liability against any school 5
160	160	district or any public institution of higher education, including trustees, officers, administrators or 6
161	161	employees of the school district or public institution of higher education. 7
162	162	(g) Nothing in this section shall be construed as creating or imposing a specific duty of 8
163	163	care, nor shall this section create or impose a private right of action against any school district or 9
164	164	any public institution of higher education, including trustees, officers, administrators or employees 10
165	165	of a school district or public institution of higher education. 11
166	166	16-24.2-5. Return to public high school option. 12
167	167	Any student taking courses at a state college or university pursuant to this chapter shall 13
168	168	have the option to return to the student’s public high school, if it is found that taking courses at a 14
169	169	state college or university is not in the best interest of the student. If a student commences to attend 15
170	170	a state college or university pursuant to this chapter and subsequently returns to the high school 16
171	171	from the student’s sending district, the state college or university shall return to the sending district 17
172	172	the amount of foundation education aid related to the student, in an amount that is proportional to 18
173	173	the length of time the student spent attending the state college or university. 19
174	174	16-24.2-6. Annual reporting. 20
175	175	(a) Commencing September 1, 2024, and annually, not later than September 1 thereafter, 21
176	176	each state college or university shall file a report with the department of elementary and secondary 22
177	177	education, the office of the post-secondary commissioner, the board of education, and the senate 23
178	178	and house committees on education and on finance, regarding participation of individuals with 24
179	179	disabilities, severe intellectual disabilities, severe autism spectrum disorder, and other severe 25
180	180	developmental disabilities, who are attending state colleges and universities pursuant to this 26
181	181	section. 27
182	182	(b) The report referred to in this section shall include, but not be limited to: 28
183	183	(1) Data detailing the number of students participating pursuant to this section each 29
184	184	semester, including, but not limited to, gender, race and ethnicity of the students; 30
185	185	(2) A list of all courses taken by participating students during the academic year, indicating 31
186	186	whether the students audited the course or participated in the course for credit; 32
187	187	(3) A list of extracurricular activities, internships, clubs and other activities in which such 33
188	188	students participate during the academic year; 34
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192	192	(4) A summary of innovative strategies and practices implemented at each institution of 1
193	193	higher education that foster relationships with school districts, the department of human services, 2
194	194	and other relevant public agencies; 3
195	195	(5) Employment data for students participating pursuant to this section obtained to the best 4
196	196	of the ability of institutions of higher education; and 5
197	197	(6) Any relevant information regarding successful outcomes or challenges the institution 6
198	198	experienced in the academic year. 7
199	199	(c) The department of elementary and secondary education and the office of the 8
200	200	postsecondary commissioner shall review the reports and shall take steps necessary to ensure the 9
201	201	institution is including individuals pursuant to this section. The reports may be used to enhance 10
202	202	constructive conversations between the department, office, and institutions of higher education that 11
203	203	contribute to developing a full understanding of best practices in implementing this chapter. 12
204	204	SECTION 2. This act shall take effect upon passage. 13
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211	211	EXPLANATION
212	212	BY THE LEGISLATIVE COUNCIL
213	213	OF
214	214	A N A C T
215	215	RELATING TO EDUCATION -- HIGHER EDUCATION OPPORTUNIT IES FOR STUDENTS
216	216	WITH DISABILITIES
217	217	***
218	218	This act would establish the Higher Education Opportunities for Students with Disabilities 1
219	219	Act. This act would enable students with disabilities who are ages eighteen (18) through twenty-2
220	220	one (21) years, and in some cases to age twenty-two (22) years, to audit and otherwise attend state 3
221	221	colleges and universities using the student’s foundation education aid. 4
222	222	This act would take effect upon passage. 5
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