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5 | 5 | | 2025 -- S 0113 |
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6 | 6 | | ======== |
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7 | 7 | | LC000906 |
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8 | 8 | | ======== |
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9 | 9 | | S T A T E O F R H O D E I S L A N D |
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10 | 10 | | IN GENERAL ASSEMBLY |
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11 | 11 | | JANUARY SESSION, A.D. 2025 |
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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 EDUCATION -- RESIDENCE OF CHILDREN FOR SCHOOL PURPOSES |
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16 | 16 | | Introduced By: Senators Lawson, Britto, and Lauria |
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17 | 17 | | Date Introduced: January 31, 2025 |
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18 | 18 | | Referred To: Senate Finance |
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19 | 19 | | |
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20 | 20 | | |
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21 | 21 | | It is enacted by the General Assembly as follows: |
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22 | 22 | | SECTION 1. Section 16-64-1.1 of the General Laws in Chapter 16-64 entitled "Residence 1 |
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23 | 23 | | of Children for School Purposes" is hereby amended to read as follows: 2 |
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24 | 24 | | 16-64-1.1. Payment and reimbursement for educational costs of children placed in 3 |
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25 | 25 | | foster care, group homes, or other residential facility by a Rhode Island state agency. 4 |
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26 | 26 | | (a) Children placed in foster care by a Rhode Island-licensed child-placing agency or a 5 |
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27 | 27 | | Rhode Island governmental agency shall be entitled to the same free, appropriate public education 6 |
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28 | 28 | | provided to all other residents of the city or town where the child is placed. The city or town shall 7 |
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29 | 29 | | pay the cost of the education of the child during the time the child is in foster care in the city or 8 |
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30 | 30 | | town. 9 |
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31 | 31 | | (b) Children placed by the department of children, youth and families (DCYF) in a group 10 |
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32 | 32 | | home or other residential facility that does not include the delivery of educational services are to 11 |
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33 | 33 | | be educated by the community in which the group home or other residential facility is located, and 12 |
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34 | 34 | | those children shall be entitled to the same free, appropriate public education provided to all other 13 |
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35 | 35 | | residents of the city or town where the child is placed. For purposes of payment and reimbursement 14 |
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36 | 36 | | for educational costs under this chapter, the term “group home or other residential facility” shall 15 |
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37 | 37 | | not include independent-living programs. Each city and town that contains one or more group 16 |
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38 | 38 | | homes or other residential facilities that do not include delivery of educational services will receive 17 |
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39 | 39 | | funds as part of state aid to education in accordance with the following provisions: 18 |
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40 | 40 | | (1) On December 31 of each year, the DCYF shall provide the department of elementary 19 |
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41 | 41 | | |
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42 | 42 | | |
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43 | 43 | | LC000906 - Page 2 of 4 |
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44 | 44 | | and secondary education with a precise count of how many group home or other residential facility 1 |
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45 | 45 | | “beds” exist in each Rhode Island city or town, counting only those “beds” in facilities that do not 2 |
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46 | 46 | | include the delivery of educational services. The number of “beds” in each group home or other 3 |
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47 | 47 | | residential facility shall be equal to the maximum number of children who may be placed in that 4 |
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48 | 48 | | group home or other residential facility on any given night according to the applicable licensure 5 |
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49 | 49 | | standards of the DCYF. 6 |
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50 | 50 | | (2) For the fiscal year beginning July 1, 2007, if the number of beds certified by DCYF for 7 |
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51 | 51 | | a school district by December 31, 2007, is greater than the number certified March 14, 2007, upon 8 |
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52 | 52 | | which the education aid for FY 2008 was appropriated, the education aid for that district will be 9 |
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53 | 53 | | increased by the number of increased beds multiplied by fifteen thousand dollars ($15,000). 10 |
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54 | 54 | | Notwithstanding the provisions of this section or any law to the contrary, the education aid for all 11 |
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55 | 55 | | group home or other residential facility “beds” located or associated with the Children’s Residential 12 |
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56 | 56 | | and Family Treatment (CRAFT) program located on the East Providence campus of Bradley 13 |
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57 | 57 | | Hospital shall be twenty-two thousand dollars ($22,000) per bed. The Department of Elementary 14 |
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58 | 58 | | and Secondary Education shall include the additional aid in equal payments in March, April, May, 15 |
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59 | 59 | | and June, and the Governor’s budget recommendations pursuant to § 35-3-8 shall include the 16 |
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60 | 60 | | amounts required to provide the increased aid. 17 |
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61 | 61 | | For all fiscal years beginning after June 30, 2016, education aid for each school district 18 |
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62 | 62 | | shall include seventeen thousand dollars ($17,000) for each bed certified by DCYF by the preceding 19 |
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63 | 63 | | December 31. Notwithstanding the provisions of this section or any law to the contrary, the 20 |
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64 | 64 | | education aid for all group home or other residential facility “beds” located or associated with the 21 |
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65 | 65 | | Children’s Residential and Family Treatment (CRAFT) program located on the East Providence 22 |
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66 | 66 | | campus of Bradley Hospital shall be twenty-six thousand dollars ($26,000) per bed. For all fiscal 23 |
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67 | 67 | | years beginning after June 30, 2008, whenever the number of beds certified by DCYF for a school 24 |
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68 | 68 | | district by December 31 is greater than the number certified the prior December 31 upon which the 25 |
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69 | 69 | | education aid for that fiscal year was appropriated, the education aid for that district as enacted by 26 |
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70 | 70 | | the assembly during the prior legislative session for that fiscal year will be increased by the number 27 |
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71 | 71 | | of increased beds multiplied by the amount per bed authorized for that fiscal year. The Department 28 |
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72 | 72 | | of Elementary and Secondary Education shall include the additional aid in equal payments in 29 |
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73 | 73 | | March, April, May, and June, and the Governor’s budget recommendations pursuant to § 35-3-8 30 |
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74 | 74 | | shall include the amounts required to provide the increased aid. 31 |
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75 | 75 | | (c) Children placed by DCYF in a residential-treatment program, group home, or other 32 |
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76 | 76 | | residential facility, whether or not located in the state of Rhode Island, which includes the delivery 33 |
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77 | 77 | | of educational services provided by that facility (excluding facilities where students are taught on 34 |
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78 | 78 | | |
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79 | 79 | | |
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80 | 80 | | LC000906 - Page 3 of 4 |
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81 | 81 | | grounds for periods of time by teaching staff provided by the school district in which the facility is 1 |
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82 | 82 | | located), shall have the cost of their education paid for as provided for in subsection (d) and § 16-2 |
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83 | 83 | | 64-1.2. The city or town determined to be responsible to DCYF for a per-pupil special-education 3 |
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84 | 84 | | cost pursuant to § 16-64-1.2 shall pay its share of the cost of educational services to DCYF or to 4 |
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85 | 85 | | the facility providing educational services. 5 |
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86 | 86 | | (d) Children placed by DCYF in group homes, child-caring facilities, community 6 |
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87 | 87 | | residences, or other residential facilities shall have the entire cost of their education paid for by 7 |
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88 | 88 | | DCYF if: 8 |
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89 | 89 | | (1) The facility is operated by the state of Rhode Island or the facility has a contract with 9 |
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90 | 90 | | DCYF to fund a pre-determined number of placements or part of the facility’s program; 10 |
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91 | 91 | | (2) The facility is state licensed; and 11 |
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92 | 92 | | (3) The facility operates an approved, on-grounds educational program, whether or not the 12 |
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93 | 93 | | child attends the on-grounds program. 13 |
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94 | 94 | | (e) Notwithstanding the foregoing or any other law, effective June 30, 2025, neither the 14 |
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95 | 95 | | East Providence public schools nor the city of East Providence shall be responsible to provide any 15 |
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96 | 96 | | educational or related services or instruction or have any financial responsibility for any student 16 |
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97 | 97 | | attending the CRAFT program or other Bradley Hospital programs. The school district of origin 17 |
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98 | 98 | | shall be responsible to provide and pay for such services and instruction consistent with applicable 18 |
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99 | 99 | | state law and regulation. For purposes of this section, “school district of origin” means the school 19 |
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100 | 100 | | district in which the student was last registered to attend prior to admission to a Bradley program. 20 |
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101 | 101 | | The East Providence school district shall not be paid reimbursement as provided in this statute for 21 |
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102 | 102 | | such students. 22 |
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103 | 103 | | SECTION 2. This act shall take effect upon passage. 23 |
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105 | 105 | | LC000906 |
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108 | 108 | | |
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109 | 109 | | LC000906 - Page 4 of 4 |
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110 | 110 | | EXPLANATION |
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111 | 111 | | BY THE LEGISLATIVE COUNCIL |
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112 | 112 | | OF |
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113 | 113 | | A N A C T |
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114 | 114 | | RELATING TO EDUCATION -- RESIDENCE OF CHILDREN FOR SCHOOL PURPOSES |
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115 | 115 | | *** |
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116 | 116 | | This act would relieve the East Providence public schools and the city of East Providence 1 |
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117 | 117 | | from providing any educational or financial resources to children placed in the CRAFT program or 2 |
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118 | 118 | | other Bradley Hospital programs. The school district of origin where the student was last registered 3 |
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119 | 119 | | would bear this responsibility. 4 |
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120 | 120 | | This act would take effect upon passage. 5 |
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122 | 122 | | LC000906 |
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