Rhode Island 2023 Regular Session

Rhode Island Senate Bill S0609 Compare Versions

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

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5	5	2023 -- S 0609
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9	9	S TATE OF RHODE IS LAND
10	10	IN GENERAL ASSEMBLY
11	11	JANUARY SESSION, A.D. 2023
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14	14	A N A C T
15	15	RELATING TO EDUCATION -- CHILDREN WITH DISABILITIES
16	16	Introduced By: Senators F. Lombardi, DiMario, Lawson, Ciccone, Britto, and Acosta
17	17	Date Introduced: March 07, 2023
18	18	Referred To: Senate Judiciary
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21	21	It is enacted by the General Assembly as follows:
22	22	SECTION 1. Section 16-24-1 of the General Laws in Chapter 16-24 entitled "Children 1
23	23	With Disabilities [See Title 16 Chapter 97 — The Rhode Island Board of Education Act]" is hereby 2
24	24	amended to read as follows: 3
25	25	16-24-1. Duty of school committee to provide special education. 4
26	26	(a) In any city or town where there is a child with a disability within the age range as 5
27	27	designated by the regulations of the state board of education who is functionally limited to such an 6
28	28	extent that normal educational growth and development is prevented, the school committee of the 7
29	29	city or town where the child resides shall provide the type of special education that will best satisfy 8
30	30	the needs of the child with a disability, as recommended and approved by the state board of 9
31	31	education in accordance with its regulations governing the education of children with disabilities. 10
32	32	(b) Notwithstanding any other federal or state law or regulation, the school committee 11
33	33	where a parentally placed child who has, or develops, a disability in private school resides, shall 12
34	34	provide the child with the same free and appropriate education as it provides to children in public 13
35	35	schools. These children and their parents shall have all the same rights and remedies in the 14
36	36	regulations of the board of education governing the education of children with disabilities and as 15
37	37	are provided in the federal Individuals with Disabilities Education Act, 20 U.S.C. §1400 et seq., as 16
38	38	children in public school relative to initially determining eligibility, implementation, and/or any 17
39	39	other rights and remedies relative to any special education services the child may be eligible to 18
40	40	receive from the public school district. as well as the rights and remedies set forth in subsections 19
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44	44	(a) through (j) of 29 U.S.C. § 1415, entitled "procedural safeguards." Provided, however, that for 1
45	45	purposes of subsection (b) of this section, the jurisdiction which the Individuals with Disabilities 2
46	46	Education Act confers on the district courts of the United States shall be conferred on the superior 3
47	47	courts of the State of Rhode Island. With respect to parentally placed children in private schools 4
48	48	and their parents or guardians, the superior courts of the State of Rhode Island shall thus have 5
49	49	jurisdiction, under the same standards as those set forth in 29 U.S.C. § 1415(i), to hear civil actions 6
50	50	brought by any party aggrieved by a decision rendered in an impartial due process hearing, and to 7
51	51	award attorneys' fees to a prevailing party who is a state educational agency, a local educational 8
52	52	agency, or the parent or guardian of a parentally placed child with a disability. 9
53	53	(c) For the purpose of this statute, a parentally placed child who has, or develops, a 10
54	54	disability in private school is defined as a child enrolled or placed in a private school by the 11
55	55	unilateral decision of his or her parents and without consultation of the public school district, who 12
56	56	either has, or at some point while at the private school is diagnosed with, a learning disability. 13
57	57	Parents who unilaterally enroll their child in a private school are required to pay the tuition costs 14
58	58	related to the child’s education that are unrelated to the child’s disability, and the public school 15
59	59	district where the child resides is responsible for payment of the services related to the child’s 16
60	60	disability as developed and determined in the child’s individual education plan. 17
61	61	(d) For the purpose of this statute, a free and appropriate education is defined as special 18
62	62	education services and related services that: 19
63	63	(1) Are provided at public expense, under public supervision and direction, and without 20
64	64	charge; 21
65	65	(2) Meet all of the standards and requirements of the state of Rhode Island department of 22
66	66	education and requirements of the regulations of the board of education governing the education of 23
67	67	children with disabilities, which shall include initial evaluation and determination procedures; 24
68	68	(3) Include preschool, elementary school, or secondary school education in the state; and 25
69	69	(4) Are provided in conformity with an individualized education program that meets the 26
70	70	requirements of the regulations of the board of education governing the education of children with 27
71	71	disabilities. 28
72	72	(e) In those cases that an individual education plan has been adopted for a child and the 29
73	73	child moves to another town or city, the plan shall remain in effect until a new plan is adopted for 30
74	74	the child in the new town or city. 31
75	75	(f) A child with a disability as referenced in subsection (a) of this section shall have 32
76	76	available to them any benefits provided by this section up to their twenty-first birthday, in 33
77	77	accordance with the student’s individualized education program (IEP). Provided, in the event such 34
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81	81	a child with a disability is enrolled in a postsecondary or transitional educational program as part 1
82	82	of the services provided to the child by the school committee or local education agency (LEA), and 2
83	83	such child reaches twenty-one (21) years of age during a school or program year, then the school 3
84	84	committee’s or LEA’s obligation to pay for the postsecondary or transitional program shall 4
85	85	continue through to the conclusion of the school or program’s academic year, in accordance with 5
86	86	the student’s individualized education program. Not later than sixty (60) calendar days prior to the 6
87	87	child turning twenty-one (21) years of age, the local educational agency (LEA) shall provide the 7
88	88	child and the parent or guardian with notice explaining the rights under this section that remain in 8
89	89	effect at age twenty-one (21). Further, not later than sixty (60) calendar days prior to the child 9
90	90	turning twenty-one (21) years of age, the state adult service agencies responsible for planning, 10
91	91	funding and providing services and supports for adults with developmental disabilities, including 11
92	92	the state office of rehabilitation services (ORS) and the state department of behavioral healthcare, 12
93	93	developmental disabilities and hospitals (BHDDH), shall provide the child and the parent or 13
94	94	guardian with notice of the obligations and responsibilities that the respective agency owes to 14
95	95	eligible recipients along with a level of funding and/or an individual support plan for the child 15
96	96	twenty-one (21) years of age to receive. This section shall not be used to delay or defer the 16
97	97	obligation of a state agency responsible for providing services to this population. 17
98	98	(g) For purposes of providing services under this chapter, “special education” shall have 18
99	99	the same meaning as used in 34 C.F.R. § 300.39 and includes speech-language pathology services 19
100	100	for students among the other services and supports provided for therein. The provision of speech-20
101	101	language pathology services shall not cease or be terminated solely because a child has attained 21
102	102	nine (9) years of age or greater, if those services are still warranted. 22
103	103	SECTION 2. This act shall take effect upon passage. 23
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110	110	EXPLANATION
111	111	BY THE LEGISLATIVE COUNCIL
112	112	OF
113	113	A N A C T
114	114	RELATING TO EDUCATION -- CHILDREN WITH DISABILITIES
115	115	***
116	116	This act would make explicit that parents and guardians of children with disabilities in 1
117	117	private schools have the same rights and remedies as parents/guardians of children in public 2
118	118	schools. This act would also provide a procedure in superior court to enforce these rights and 3
119	119	remedies. 4
120	120	This act would take effect upon passage. 5
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