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| 5 | 5 | | 2025 -- S 0176 |
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| 7 | 7 | | LC001165 |
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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 -- HIGHER EDUCATION OPPORTUNITIES FOR STUDENTS |
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| 16 | 16 | | WITH DISABILITIES ACT |
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| 17 | 17 | | Introduced By: Senators DiMario, DiPalma, Mack, Gallo, Lawson, Murray, Acosta, |
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| 18 | 18 | | Valverde, McKenney, and Zurier |
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| 19 | 19 | | Date Introduced: February 07, 2025 |
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| 20 | 20 | | Referred To: Senate Education |
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| 21 | 21 | | |
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| 22 | 22 | | |
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| 23 | 23 | | It is enacted by the General Assembly as follows: |
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| 24 | 24 | | SECTION 1. Title 16 of the General Laws entitled "EDUCATION" is hereby amended by 1 |
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| 25 | 25 | | adding thereto the following chapter: 2 |
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| 26 | 26 | | CHAPTER 24.2 3 |
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| 27 | 27 | | HIGHER EDUCATION OPPORTUNITIES FOR STUDENTS WITH DISABILITIES ACT 4 |
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| 28 | 28 | | 16-24.2-1. Title. 5 |
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| 29 | 29 | | This act shall be known and may be cited as the “Higher Education Opportunities for 6 |
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| 30 | 30 | | Students with Intellectual Disabilities Act.” 7 |
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| 31 | 31 | | 16-24.2-2. Purpose. 8 |
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| 32 | 32 | | The purpose of this chapter is to provide inclusive educational opportunities for a child or 9 |
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| 33 | 33 | | student with a disability as referenced in § 16-24-1, to improve academic achievement, develop 10 |
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| 34 | 34 | | employment and independent living skills and enhance the overall and independent learning 11 |
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| 35 | 35 | | environments for these persons. More generally, the purpose of this chapter is to offer a further 12 |
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| 36 | 36 | | enhanced option to students with a disability to obtain social and emotional growth, support, and 13 |
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| 37 | 37 | | development. This chapter includes students with disabilities, severe intellectual disabilities, severe 14 |
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| 38 | 38 | | autism spectrum disorders or other severe developmental disabilities. As used in this chapter, the 15 |
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| 39 | 39 | | term "student with a disability" means a student who is eligible for and receives special education 16 |
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| 40 | 40 | | services as described in § 16-24-1. 17 |
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| 41 | 41 | | 16-24.2-3. Attendance at state colleges and universities. 18 |
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| 42 | 42 | | |
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| 43 | 43 | | |
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| 44 | 44 | | LC001165 - Page 2 of 7 |
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| 45 | 45 | | (a) Students with a disability who are eighteen (18) to twenty-one (21) years of age, 1 |
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| 46 | 46 | | inclusive, and up to twenty-two (22) years of age where the provisions of § 16-24-1(f) are 2 |
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| 47 | 47 | | applicable, who receive special education services and have disabilities including, but not limited 3 |
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| 48 | 48 | | to, severe intellectual disabilities, severe autism spectrum disorders or other severe developmental 4 |
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| 49 | 49 | | disabilities and are receiving special education services may also have program options including, 5 |
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| 50 | 50 | | but not limited to, continuing education, participation in credit and noncredit courses that include 6 |
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| 51 | 51 | | students without disabilities in an institution of higher education, development of independent 7 |
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| 52 | 52 | | living skills, development of skills necessary for employment and development of skills to access 8 |
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| 53 | 53 | | community services. Participation of such students in institutions of higher education under this 9 |
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| 54 | 54 | | section shall be considered an approved expense as a special education service and shall be a benefit 10 |
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| 55 | 55 | | available to them pursuant to the provisions of § 16-24-1. More specifically, the provision of this 11 |
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| 56 | 56 | | chapter shall be considered a form of secondary school education; provided, however, that this 12 |
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| 57 | 57 | | service is addressed in and provided in accordance with the student’s individualized education 13 |
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| 58 | 58 | | program pursuant § 16-24-1. 14 |
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| 59 | 59 | | (b) Schools for which a student may attend include all state colleges and universities, 15 |
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| 60 | 60 | | including the Community College of Rhode Island, Rhode Island College, and the University of 16 |
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| 61 | 61 | | Rhode Island. 17 |
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| 62 | 62 | | 16-24.2-4. Program requirements. 18 |
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| 63 | 63 | | (a) To ensure that students with a disability, including, but not limited to, individuals with 19 |
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| 64 | 64 | | severe intellectual disabilities, severe autism spectrum disorders or other severe developmental 20 |
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| 65 | 65 | | disabilities, have opportunities to be included with non-disabled students in all aspects of higher 21 |
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| 66 | 66 | | education for the purpose of gaining academic, career, technical and independent living skills to 22 |
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| 67 | 67 | | prepare them for adult life, including, but not limited to, employment and civic engagement, such 23 |
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| 68 | 68 | | individuals attending a state institution of postsecondary education pursuant to this chapter shall 24 |
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| 69 | 69 | | not be required to: 25 |
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| 70 | 70 | | (1) Take any standardized college entrance aptitude test; 26 |
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| 71 | 71 | | (2) Have a high school diploma or its equivalent; 27 |
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| 72 | 72 | | (3) Meet minimum academic course requirements; 28 |
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| 73 | 73 | | (4) Meet minimum grade point average requirements; or 29 |
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| 74 | 74 | | (5) Obtain a passing score on any statewide assessment tests, in order to participate in 30 |
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| 75 | 75 | | undergraduate academic courses, internships, work-based trainings, extracurricular activities that 31 |
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| 76 | 76 | | include non-disabled students and all other aspects of campus life in accordance with this chapter. 32 |
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| 77 | 77 | | (b)(1) State institutions of higher education, in consultation with the department of 33 |
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| 78 | 78 | | elementary and secondary education and the office of the postsecondary commissioner, and 34 |
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| 79 | 79 | | |
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| 80 | 80 | | |
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| 81 | 81 | | LC001165 - Page 3 of 7 |
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| 82 | 82 | | consistent with the purposes of this chapter, may create guidelines to select students participating 1 |
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| 83 | 83 | | in higher education pursuant to this chapter, including, but not limited to, guidelines to determine 2 |
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| 84 | 84 | | campus capacity and to coordinate selection of students with relevant local, state or other public 3 |
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| 85 | 85 | | agencies serving students with severe intellectual disabilities, severe autism spectrum disorders or 4 |
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| 86 | 86 | | other severe developmental disabilities. Provided, however, that these individuals shall not be 5 |
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| 87 | 87 | | denied opportunities to participate in higher education solely due to their intellectual disability, 6 |
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| 88 | 88 | | autism spectrum disorders or developmental disability. 7 |
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| 89 | 89 | | (2) Public institutions of higher education, in consultation with the department of 8 |
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| 90 | 90 | | elementary and secondary education and the office of the postsecondary commissioner, and 9 |
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| 91 | 91 | | consistent with the purposes of this section, may also establish course selection guidelines to help 10 |
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| 92 | 92 | | ensure that participating individuals receive guidance in selecting courses that are appropriate to 11 |
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| 93 | 93 | | their individual strengths, needs, preferences and interests. 12 |
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| 94 | 94 | | (3) Participating individuals shall be permitted to: 13 |
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| 95 | 95 | | (i) Take a credit-bearing, undergraduate academic course for credit if they have met the 14 |
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| 96 | 96 | | course prerequisites and requirements; or 15 |
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| 97 | 97 | | (ii) Audit a credit-bearing, undergraduate academic course, consistent with campus policies 16 |
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| 98 | 98 | | governing selection of students for audit participation, if they have not met the course prerequisites 17 |
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| 99 | 99 | | and requirements. 18 |
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| 100 | 100 | | (4) Nothing in this chapter shall require a public institution of higher education to provide 19 |
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| 101 | 101 | | course enrollment or audit preference for students with severe intellectual disabilities, severe autism 20 |
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| 102 | 102 | | spectrum disorders or other severe developmental disabilities, relative to other persons seeking to 21 |
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| 103 | 103 | | enroll or audit a course. Nothing in this section shall require a public institution of higher education 22 |
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| 104 | 104 | | to include students with severe intellectual disabilities, severe autism spectrum disorders or other 23 |
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| 105 | 105 | | severe developmental disabilities in graduate and continuing education courses. 24 |
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| 106 | 106 | | (c) Individuals participating in higher education pursuant to subsections (a) and (b) of this 25 |
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| 107 | 107 | | section shall have access to and be included with non-disabled students in all academic and non-26 |
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| 108 | 108 | | academic opportunities at public institutions of higher education in order to have inclusive 27 |
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| 109 | 109 | | educational opportunities to acquire academic, career, technical and independent living skills that 28 |
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| 110 | 110 | | prepare them for adult life including, but not limited to, employment and civic engagement. 29 |
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| 111 | 111 | | Individual supports and services shall be made available to support inclusion in academic courses, 30 |
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| 112 | 112 | | extracurricular activities, and other aspects of campus life; provided, however, that nothing in this 31 |
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| 113 | 113 | | subsection shall supersede subsections (b) and (d) of this section. 32 |
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| 114 | 114 | | (d)(1) Public institutions of higher education shall not be required to bear the costs of 33 |
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| 115 | 115 | | individual supports and services that exceed the kind of supports and services generally provided 34 |
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| 116 | 116 | | |
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| 117 | 117 | | |
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| 118 | 118 | | LC001165 - Page 4 of 7 |
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| 119 | 119 | | by public institutions of higher education. 1 |
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| 120 | 120 | | (2) Costs associated with supporting participation in public institutions of higher education 2 |
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| 121 | 121 | | under this section shall be: 3 |
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| 122 | 122 | | (i) An approved expense as a special education service pursuant to § 16-24-1 and shall be 4 |
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| 123 | 123 | | considered secondary school education; provided, however, that a student’s participation in higher 5 |
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| 124 | 124 | | education is addressed in the student’s individualized education program under § 16-24-1 for 6 |
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| 125 | 125 | | students ages eighteen (18) to twenty-one (21) years old, inclusive, and age twenty-two (22) years, 7 |
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| 126 | 126 | | where applicable; provided further, that such student is considered to have a disability, a severe 8 |
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| 127 | 127 | | intellectual disability, a severe autism spectrum disorder or other severe developmental disability; 9 |
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| 128 | 128 | | provided further, that in the case of students who are age eighteen (18) or nineteen (19), 10 |
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| 129 | 129 | | participation shall be limited to students with a disability, a severe intellectual disability, a severe 11 |
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| 130 | 130 | | autism spectrum disorder or other severe developmental disability who have been unable to obtain 12 |
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| 131 | 131 | | a passing score on any statewide assessment tests utilized as a basis for competency determination. 13 |
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| 132 | 132 | | Provided further, that in the case of students ages twenty (20) or twenty-one (21) or twenty-two 14 |
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| 133 | 133 | | (22) where applicable, participation shall be limited to students with a disability, a severe 15 |
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| 134 | 134 | | intellectual disability, a severe autism spectrum disorder or other severe developmental disability 16 |
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| 135 | 135 | | who have been unable to obtain a passing score on any statewide assessment tests utilized as a basis 17 |
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| 136 | 136 | | for competency determinations, or who have already been determined eligible for special education 18 |
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| 137 | 137 | | and have also been determined by the individualized education program team to have severe 19 |
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| 138 | 138 | | functional delays impacting independent living, communication or behavioral skills resulting in 20 |
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| 139 | 139 | | skills that are significantly below chronological age. Provided further, that nothing in this section 21 |
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| 140 | 140 | | shall impose an additional cost on a school committee beyond the cost of what is required under 22 |
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| 141 | 141 | | state or federal special education law. The school committee shall forward the foundation education 23 |
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| 142 | 142 | | aid amount for the student, as determined in § 16-7.2-3, to the state college or university, and the 24 |
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| 143 | 143 | | state college and university shall not charge the district or the student for any costs of educating the 25 |
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| 144 | 144 | | student beyond the foundation education aid amount; 26 |
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| 145 | 145 | | (ii) Subject to the availability of federal funding and appropriation of foundation education 27 |
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| 146 | 146 | | aid pursuant to chapters 7, 7.1, and 7.2 of title 16, for individuals who are determined eligible for 28 |
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| 147 | 147 | | vocational rehabilitation services. Access to higher education assists in the attainment of an 29 |
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| 148 | 148 | | identified employment goal, as determined by the agency, consistent with all applicable regulations 30 |
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| 149 | 149 | | and subject to the development of an individualized plan for employment; 31 |
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| 150 | 150 | | (iii) Costs of participation may be covered by any other public or private sources available 32 |
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| 151 | 151 | | to the student. 33 |
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| 152 | 152 | | (e) Participating individuals under this section shall be required to follow the public 34 |
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| 153 | 153 | | |
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| 154 | 154 | | |
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| 155 | 155 | | LC001165 - Page 5 of 7 |
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| 156 | 156 | | institution of higher education’s student behavioral policies, including the student code of conduct, 1 |
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| 157 | 157 | | antidiscrimination and sexual violence policies; provided, however, that the public institution of 2 |
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| 158 | 158 | | higher education shall provide such policies in accessible formats and shall provide reasonable 3 |
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| 159 | 159 | | accommodations for participating individuals in any process instituted thereunder. 4 |
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| 160 | 160 | | (f) Nothing in this section shall be construed to impose any liability against any school 5 |
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| 161 | 161 | | district or any public institution of higher education, including trustees, officers, administrators or 6 |
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| 162 | 162 | | employees of the school district or public institution of higher education. 7 |
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| 163 | 163 | | (g) Nothing in this section shall be construed as creating or imposing a specific duty of 8 |
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| 164 | 164 | | care, nor shall this section create or impose a private right of action against any school district or 9 |
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| 165 | 165 | | any public institution of higher education, including trustees, officers, administrators or employees 10 |
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| 166 | 166 | | of a school district or public institution of higher education. 11 |
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| 167 | 167 | | 16-24.2-5. Return to public high school option. 12 |
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| 168 | 168 | | Any student taking courses at a state college or university pursuant to this chapter shall 13 |
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| 169 | 169 | | have the option to return to the student’s public high school, if it is found that taking courses at a 14 |
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| 170 | 170 | | state college or university is not in the best interest of the student. If a student commences to attend 15 |
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| 171 | 171 | | a state college or university pursuant to this chapter and subsequently returns to the high school 16 |
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| 172 | 172 | | from the student’s sending district, the state college or university shall return to the sending district 17 |
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| 173 | 173 | | the amount of foundation education aid related to the student, in an amount that is proportional to 18 |
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| 174 | 174 | | the length of time the student spent attending the state college or university. 19 |
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| 175 | 175 | | 16-24.2-6. Annual reporting. 20 |
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| 176 | 176 | | (a) Commencing September 1, 2026, and annually, not later than September 1 thereafter, 21 |
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| 177 | 177 | | each state college or university shall file a report with the department of elementary and secondary 22 |
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| 178 | 178 | | education, the office of the post-secondary commissioner, the board of education, and the senate 23 |
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| 179 | 179 | | and house committees on education and on finance, regarding participation of individuals with 24 |
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| 180 | 180 | | disabilities, severe intellectual disabilities, severe autism spectrum disorder, and other severe 25 |
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| 181 | 181 | | developmental disabilities, who are attending state colleges and universities pursuant to this 26 |
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| 182 | 182 | | section. 27 |
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| 183 | 183 | | (b) The report referred to in this section shall include, but not be limited to: 28 |
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| 184 | 184 | | (1) Data detailing the number of students participating pursuant to this section each 29 |
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| 185 | 185 | | semester, including, but not limited to, gender, race and ethnicity of the students; 30 |
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| 186 | 186 | | (2) A list of all courses taken by participating students during the academic year, indicating 31 |
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| 187 | 187 | | whether the students audited the course or participated in the course for credit; 32 |
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| 188 | 188 | | (3) A list of extracurricular activities, internships, clubs and other activities in which such 33 |
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| 189 | 189 | | students participate during the academic year; 34 |
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| 190 | 190 | | |
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| 191 | 191 | | |
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| 192 | 192 | | LC001165 - Page 6 of 7 |
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| 193 | 193 | | (4) A summary of innovative strategies and practices implemented at each institution of 1 |
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| 194 | 194 | | higher education that foster relationships with school districts, the department of human services, 2 |
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| 195 | 195 | | and other relevant public agencies; 3 |
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| 196 | 196 | | (5) Employment data for students participating pursuant to this section obtained to the best 4 |
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| 197 | 197 | | of the ability of institutions of higher education; and 5 |
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| 198 | 198 | | (6) Any relevant information regarding successful outcomes or challenges the institution 6 |
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| 199 | 199 | | experienced in the academic year. 7 |
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| 200 | 200 | | (c) The department of elementary and secondary education and the office of the 8 |
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| 201 | 201 | | postsecondary commissioner shall review the reports and shall take steps necessary to ensure the 9 |
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| 202 | 202 | | institution is including individuals pursuant to this section. The reports may be used to enhance 10 |
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| 203 | 203 | | constructive conversations between the department, office, and institutions of higher education that 11 |
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| 204 | 204 | | contribute to developing a full understanding of best practices in implementing this chapter. 12 |
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| 205 | 205 | | SECTION 2. This act shall take effect upon passage. 13 |
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| 207 | 207 | | LC001165 |
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| 208 | 208 | | ======== |
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| 209 | 209 | | |
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| 210 | 210 | | |
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| 211 | 211 | | LC001165 - Page 7 of 7 |
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| 212 | 212 | | EXPLANATION |
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| 213 | 213 | | BY THE LEGISLATIVE COUNCIL |
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| 214 | 214 | | OF |
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| 215 | 215 | | A N A C T |
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| 216 | 216 | | RELATING TO EDUCATION -- HIGHER EDUCATION OPPORTUNITIES FOR STUDENTS |
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| 217 | 217 | | WITH DISABILITIES ACT |
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| 218 | 218 | | *** |
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| 219 | 219 | | This act would establish the Higher Education Opportunities for Students with Disabilities 1 |
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| 220 | 220 | | Act. This act would enable students with disabilities who are ages eighteen (18) through twenty-2 |
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| 221 | 221 | | one (21) years, and in some cases to age twenty-two (22) years, to audit and otherwise attend state 3 |
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| 222 | 222 | | colleges and universities using the student’s foundation education aid. 4 |
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| 223 | 223 | | This act would take effect upon passage. 5 |
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| 224 | 224 | | ======== |
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| 225 | 225 | | LC001165 |
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