Rhode Island 2025 Regular Session

Rhode Island House Bill H5164 Compare Versions

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

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5	5	2025 -- H 5164
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7	7	LC000794
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9	9	S T A T E O F R H O D E I S L A N D
10	10	IN GENERAL ASSEMBLY
11	11	JANUARY SESSION, A.D. 2025
12	12	____________
13	13
14	14	A N A C T
15	15	RELATING TO EDUCATION -- CHILDREN WITH DISABILITIES
16	16	Introduced By: Representatives Carson, Shallcross Smith, McNamara, Cotter, Donovan,
17	17	Caldwell, Noret, Diaz, and Casimiro
18	18	Date Introduced: January 24, 2025
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. Findings of fact. 1
24	24	The General Assembly hereby finds and declares the following: 2
25	25	(l) Rhode Island is committed to delivering high-quality services to support positive early 3
26	26	childhood development and learning of children with developmental delays and disabilities under 4
27	27	Part C and Part B, Section 619 of the federal Individuals with Disabilities Education Act ("IDEA"), 5
28	28	20 U.S.C. S 1400 et seq., from infancy to kindergarten entry. 6
29	29	(2) Early identification and delivery of high-quality early childhood IDEA services to 7
30	30	children with developmental challenges, developmental delays, and disabilities can improve 8
31	31	educational outcomes, reduce long-term costs of special education, and maximize the long-term 9
32	32	potential of children succeeding in school and life. 10
33	33	(3) Nationally, young children with disabilities and delays and their families face 11
34	34	challenges with accessing inclusive early childhood services individualized to their needs in all 12
35	35	settings, particularly young children of color. 13
36	36	(4) Effective early childhood IDEA services can help children make substantial 14
37	37	developmental progress. Research has shown that about one-third of children who receive timely 15
38	38	Early Intervention services no longer had a developmental delay or special education need in 16
39	39	kindergarten. 17
40	40	(5) The Rhode Island Early Intervention program established pursuant to § 23-13-23, 18
41	41	currently managed by the R.I. Executive Office of Health and Human Services, is the state's 19
42	42
43	43
44	44	LC000794 - Page 2 of 7
45	45	comprehensive, coordinated, multidisciplinary, interagency system that provides early intervention 1
46	46	services for infants and toddlers with developmental delays and disabilities and their families, as 2
47	47	described and partially funded through Part C of the federal Individuals with Disabilities Education 3
48	48	Act. 4
49	49	(6) In Rhode Island, after twenty (20) years without a Medicaid rate increase, Early 5
50	50	Intervention financing and staffing challenges became so severe that in November 2021 the state 6
51	51	established a waiting list for Early Intervention services. As of January 2025, even after two 7
52	52	Medicaid rate increases, the Early Intervention program was still not fully staffed and there were 8
53	53	283 infants and toddlers who had been waiting for an Early Intervention evaluation for more than 9
54	54	45 days. 10
55	55	(7) The Rhode Island Department of Elementary and Secondary Education oversees the 11
56	56	state's early childhood special education services providing free, appropriate, public education to 12
57	57	all eligible children ages three (3) to five (5) with developmental delays and disabilities, partially 13
58	58	funded through a preschool formula grant under Part B, Section 619 of IDEA. 14
59	59	(8) In Rhode Island in 2022-2023, school districts completed developmental screenings for 15
60	60	only thirty-six percent (36%) of children ages three (3) to kindergarten entry. More than one-third 16
61	61	(1/3) of children ages three (3) to kindergarten entry who were referred to a school district with 17
62	62	developmental concerns were not evaluated to determine eligibility for special education. 18
63	63	(9) There is significant variation by school district in the percentage of children ages three 19
64	64	(3) to kindergarten entry who receive their early childhood special education services in a general 20
65	65	early childhood class. For example, ninety-five percent (95%) of children in East Greenwich 21
66	66	received their IEP services in an inclusive setting as of June 2023 compared to only thirty-eight 22
67	67	percent (38%) of children in the city of Providence. 23
68	68	(10) In March 2023, school districts in Rhode Island, particularly Providence Public 24
69	69	Schools, began reporting significant staffing challenges that were causing delays and disruptions 25
70	70	in delivering early childhood IDEA services to children ages three (3) to kindergarten entry. 26
71	71	SECTION 2. Chapter 16-24 of the General Laws entitled "Children With Disabilities [See 27
72	72	Title 16 Chapter 97 — The Rhode Island Board of Education Act]" is hereby amended by adding 28
73	73	thereto the following section: 29
74	74	16-24-20. Early childhood IDEA services task force established. 30
75	75	(a) As used in this section, the term "IDEA" refers to the Individuals with Disabilities 31
76	76	Education Act, as amended, 20 U.S.C. §1400 et seq. 32
77	77	(b) There shall be created an early childhood IDEA services task force (the "task force") 33
78	78	co-chaired by: 34
79	79
80	80
81	81	LC000794 - Page 3 of 7
82	82	(1) The commissioner of elementary and secondary education, or designee; 1
83	83	(2) The secretary of the executive office of health and human services (“EOHHS”), or 2
84	84	designee; 3
85	85	(3) The president of the RI Chapter of the American Academy of Pediatrics, or designee; 4
86	86	(4) The executive director of Parents Leading for Educational Equity, or designee; and 5
87	87	(5) The executive director of Rhode Island Kids Count, or designee. 6
88	88	(c) The task force shall have the following additional members: 7
89	89	(1) Three (3) parents of children with developmental delays or disabilities ages birth to 8
90	90	kindergarten entry, one each to be appointed by the executive director of Parents Leading for 9
91	91	Educational Equity, the Rhode Island Parent Information Network, and the Autism Project; 10
92	92	(2) The executive director of the Rhode Island Parent Information Network ("RIPIN"), or 11
93	93	designee; 12
94	94	(3) The executive director of The Autism Project, or designee; 13
95	95	(4) The executive director of the Rhode Island Developmental Disabilities Council, or 14
96	96	designee; 15
97	97	(5) One superintendent of a Rhode Island school district providing IDEA services to 16
98	98	children ages three (3) to kindergarten entry, to be appointed by the Rhode Island School 17
99	99	Superintendents Association; 18
100	100	(6) One early childhood special education coordinator of a Rhode Island school district 19
101	101	responsible for IDEA services for children ages three (3) to kindergarten entry, to be appointed by 20
102	102	the Association for Rhode Island Administrators of Special Education; 21
103	103	(7) One leader of a certified early intervention program to be appointed by the Rhode Island 22
104	104	Association of Early Intervention Programs; 23
105	105	(8) One Early Head Start or Head Start program leader to be appointed by the Rhode Island 24
106	106	Head Start Association; and 25
107	107	(9) One leader of a licensed early care and education programs that serves children ages 26
108	108	birth to kindergarten entry with developmental delays or disabilities who receive a subsidy from 27
109	109	the RI child care assistance program, to be appointed by the co-chairs of the Rhode Island 28
110	110	permanent legislative commission on child care. 29
111	111	(d) The task force shall be convened within thirty (30) days after the executive office of 30
112	112	human services has secured funding in the amount of two-hundred fifty thousand dollars 31
113	113	($250,000) to support the task force, and expert consultants have been hired to support the work of 32
114	114	the task force. Immediately upon obtaining sufficient funding, the EOHHS shall notify, in writing, 33
115	115	the governor, the speaker of the house, the president of the senate, and the chairperson of the 34
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117	117
118	118	LC000794 - Page 4 of 7
119	119	children’s cabinet established pursuant to §42-72.5-1, that the required funding has been secured. 1
120	120	The task force shall be convened and staffed by the children's cabinet which shall also oversee the 2
121	121	experts selected to facilitate the development of a plan to improve the delivery of early childhood 3
122	122	IDEA services for children with developmental delays and disabilities from infancy through 4
123	123	kindergarten entry. 5
124	124	(e) The task force shall meet for and over a period of eighteen (18) months which period 6
125	125	shall commence the day following the date the EOHHS provides the written notice that the required 7
126	126	funding has been secured, pursuant to subsection (d) of this section. The task force shall seek input 8
127	127	from the Rhode Island early learning council, the early intervention interagency coordinating 9
128	128	council established pursuant to § 23-13-23, and other stakeholders, to develop recommendations 10
129	129	which shall be finalized through consensus decision-making among members of the task force, or, 11
130	130	if consensus is not possible, through a majority vote among members of the task force with the 12
131	131	report specifying major areas of disagreement among task force members. 13
132	132	(f) The task force shall submit an interim report within twelve (12) months after the initial 14
133	133	convening of the task force to the governor, speaker of the house, president of the senate, and the 15
134	134	chairs of the house and senate finance and education committees, that shall include 16
135	135	recommendations regarding immediate strategies to stabilize and improve young children's access 17
136	136	to early childhood IDEA services, including specific recommended strategies to address staffing 18
137	137	challenges that have been delaying and disrupting the provision of early childhood IDEA services. 19
138	138	(g) The task force shall submit a final report within eighteen (18) months after the initial 20
139	139	convening to the governor, speaker of the house, president of the senate, and the chairs of the house 21
140	140	and senate finance and education committees, which shall include recommendations to stabilize 22
141	141	and improve young children's access to early childhood IDEA services in the state. The 23
142	142	recommendations shall address, but need not be limited to: 24
143	143	(1) Suggested updates to Rhode Island general laws and regulations to promote the early 25
144	144	identification, evaluation, eligibility determination, and consistent delivery of high-quality IDEA 26
145	145	services to young children from birth through kindergarten entry, with attention to equitable access 27
146	146	for historically and currently marginalized populations; 28
147	147	(2) Cost estimates and recommended funding and staffing strategies to ensure the timely 29
148	148	provision of high-quality early childhood IDEA services by qualified educators and professionals 30
149	149	in natural and inclusive settings with sufficient dosage and duration. The task force shall review a 31
150	150	variety of financing options including modifications to the state education funding formula, 32
151	151	categorical funding administered by the department of education, local funding, federal IDEA 33
152	152	funding, and billing through Medicaid and commercial insurance. Recommendations shall include 34
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155	155	LC000794 - Page 5 of 7
156	156	methods to adjust funding annually to meet demand and to ensure program costs are covered 1
157	157	including competitive compensation to attract and retain qualified staff; 2
158	158	(3) Removal of barriers and expanding access to education and training to increase the 3
159	159	number of qualified professionals and the diversity of the early childhood IDEA workforce, 4
160	160	including designing and funding an education pipeline to help bilingual people and people of color 5
161	161	earn degrees, credentials, and professional licenses needed to deliver high-quality early childhood 6
162	162	IDEA services; 7
163	163	(4) An implementation plan and cost estimates to establish and maintain an ongoing 8
164	164	multilingual public awareness and outreach campaign to educate families with children from birth 9
165	165	through kindergarten entry about developmental delays and disabilities and how to access early 10
166	166	childhood IDEA services; 11
167	167	(5) An implementation plan and cost estimates to establish and maintain a multilingual 12
168	168	family resource center for families with children from birth through kindergarten entry who need 13
169	169	help getting evaluations, starting, or maintaining access to early childhood IDEA services; 14
170	170	(6) Strategies and action steps to ensure at least eighty percent (80%) of young children 15
171	171	from infancy to kindergarten entry receive developmental screenings and all referrals for children 16
172	172	who need follow-up IDEA eligibility evaluations are monitored; 17
173	173	(7) Strategies to ensure children receive early childhood IDEA services in natural 18
174	174	environments and least restrictive environments including community-based early care and 19
175	175	education settings chosen by families for children from infancy to kindergarten entry, which may 20
176	176	or may not be located in the same municipality where families reside; 21
177	177	(8) Strategies to maximize continuity and minimize disruption of IDEA services for 22
178	178	children from infancy through entry to kindergarten; and 23
179	179	(9) Strategies to enable community-based early care and education programs to hire and 24
180	180	retain sufficient qualified staff to support the enrollment, attendance, and full inclusion of young 25
181	181	children with special health care needs, developmental delays, and disabilities. 26
182	182	SECTION 3. The executive office of health and human services ("EOHHS"), is directed to 27
183	183	pursue federal funding opportunities to secure two hundred fifty thousand dollars ($250,000) for 28
184	184	the support of the early childhood IDEA services taskforce, established under chapter 24 of title 16 29
185	185	("Children with Disabilities"), to secure experts to facilitate the development of a plan to improve 30
186	186	the delivery of early childhood Individuals with Disabilities Education Act ("IDEA") services for 31
187	187	children with developmental delay and disabilities from infancy through kindergarten entry. This 32
188	188	work shall include gathering information through focus groups and interviews with families of 33
189	189	young children and frontline professionals working in early intervention and early childhood 34
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191	191
192	192	LC000794 - Page 6 of 7
193	193	special education to understand the challenges that cause disruptions and delays in providing high-1
194	194	quality early childhood IDEA services. EOHHS shall provide written updates to the governor, the 2
195	195	speaker of the house, and the senate president every six (6) months about the status of efforts to 3
196	196	secure federal funding and convene the task force, and shall also provide written notice to the same 4
197	197	persons immediately upon securing the federal funding. The task force shall be convened within 5
198	198	thirty (30) days after funding is secured and expert consultants have been hired to support the work 6
199	199	of the task force. 7
200	200	SECTION 4. This act shall take effect upon passage. 8
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202	202	LC000794
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206	206	LC000794 - Page 7 of 7
207	207	EXPLANATION
208	208	BY THE LEGISLATIVE COUNCIL
209	209	OF
210	210	A N A C T
211	211	RELATING TO EDUCATION -- CHILDREN WITH DISABILITIES
212	212	***
213	213	This act would establish a public-private task force managed by the children’s cabinet to 1
214	214	develop recommendations with cost estimates that, when implemented, would improve access to 2
215	215	high-quality early intervention and early childhood special education services for children with 3
216	216	developmental delays and disabilities from birth up to kindergarten entry. This act would further 4
217	217	direct the Executive Office of Health and Human Services to seek $250,000 in federal funding to 5
218	218	support the work of the task force over an eighteen (18) month period. 6
219	219	This act would take effect upon passage. 7
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221	221	LC000794
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