Rhode Island 2025 Regular Session

Rhode Island Senate Bill S0247 Compare Versions

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

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5	5	2025 -- S 0247
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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 HEALTH AND SAFETY -- MATERNAL AND CHILD HEALTH SERVICES
16	16	FOR CHILDREN WITH SPECIAL HEALTHCARE NEE DS-EARLY INTERVENTION
17	17	PROGRAM FOR DEVELOPM ENTALLY DISABLED INFANTS
18	18	Introduced By: Senators Valverde, DiPalma, Lawson, Acosta, Appollonio, Pearson,
19	19	Lauria, Gallo, DiMario, and Zurier
20	20	Date Introduced: February 13, 2025
21	21	Referred To: Senate Education
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24	24	It is enacted by the General Assembly as follows:
25	25	SECTION 1. Legislative findings. 1
26	26	The general assembly finds and declares the following: 2
27	27	(1) Rhode Island has long been committed to delivering high-quality services to support 3
28	28	positive early childhood development and learning of children with developmental delays and 4
29	29	disabilities under Part C and Part B, Section 619 of the federal Individuals with Disabilities 5
30	30	Education Act ("IDEA") from infancy to kindergarten entry. 6
31	31	(2) Early identification and delivery of high-quality early childhood IDEA services to 7
32	32	children with developmental challenges, developmental delays, and disabilities can improve 8
33	33	educational outcomes, reduce long-term costs of special education, and maximize the long-term 9
34	34	potential of children succeeding in school and life. 10
35	35	(3) Effective early childhood IDEA services can help children make substantial 11
36	36	developmental progress. In Rhode Island, two (2) out of three (3) children with disabilities who 12
37	37	entered preschool below age expectations substantially increased their acquisition of knowledge 13
38	38	and skills to close or narrow the gap with same-age peers. 14
39	39	(4) The Rhode Island Early Intervention program established pursuant to § 23-13-22, 15
40	40	managed by the RI Executive Office of Health and Human Services, is the state's comprehensive, 16
41	41	coordinated, multidisciplinary, interagency system that provides early intervention services for 17
42	42	infants and toddlers with developmental delays and disabilities and their families, as described and 18
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46	46	partially funded through Part C of the federal Individuals with Disabilities Education Act. 1
47	47	(5) The Rhode Island Department of Education oversees the state's early childhood special 2
48	48	education services providing free, appropriate, public education to all eligible children ages three 3
49	49	(3) to five (5) with developmental delays and disabilities, partially funded through a preschool 4
50	50	formula grant under Part B, Section 619 of the IDEA. 5
51	51	(6) Currently in Rhode Island, there is a strict cut off at a child’s third birthday of Part C 6
52	52	Early Intervention services. For children enrolled in Early Intervention who have spring or summer 7
53	53	birthdays, this cutoff can lead to a gap of services before they start the early childhood special 8
54	54	education services in September. Gaps are also created when a child’s transition from Part C to Part 9
55	55	B services is delayed for other reasons. 10
56	56	(7) Federal law allows states to create an option for families to extend Early Intervention 11
57	57	services beyond a child’s third birthday. See 34 C.F.R. § 303.211. 12
58	58	(8) Six (6) states (CO, CT, IL, MD, MO, TN) and the District of Columbia (DC) have 13
59	59	implemented federally-approved frameworks to allow families to extend Early Intervention beyond 14
60	60	the child’s third birthday. This helps ensure continuity of services, fewer gaps in services and more 15
61	61	students starting school in September with services in place. 16
62	62	(9) Under 34 C.F.R. § 303.734, the federal government reserves fifteen percent (15%) of 17
63	63	any Part C appropriations in excess of four hundred sixty million dollars ($460,000,000) for states 18
64	64	with federally-approved Early Intervention extension options. In Federal Fiscal Year 2023, the 19
65	65	federal government appropriated five hundred forty million dollars ($540,000,000) for Part C, 20
66	66	meaning that the funds reserved for Early Intervention extension states totaled twelve million 21
67	67	dollars ($12,000,000). 22
68	68	SECTION 2. Section 23-13-22 of the General Laws in Chapter 23-13 entitled "Maternal 23
69	69	and Child Health Services for Children with Special Health Care Needs" is hereby amended to read 24
70	70	as follows: 25
71	71	23-13-22. Early intervention program for developmentally disabled infants. 26
72	72	(a) The director secretary of the department of human services executive office of health 27
73	73	and human services (EOHHS) shall ensure that all developmentally disabled infants from birth to 28
74	74	three (3) years of age shall be enrolled in the early intervention program. Beginning July 1, 2025, 29
75	75	EOHHS shall create a plan to allow children to remain in early intervention until the September 30
76	76	after their third birthday, as allowed by federal law 20 U.S.C. § 1435(c), including seeking any 31
77	77	federal approvals necessary or desirable to implement this new policy. By January 1, 2028, EOHHS 32
78	78	shall begin allowing children who turn three (3) years old between April 1, 2028, and August 31, 33
79	79	2028, to remain in early intervention until September 1, 2028. Beginning January 1, 2029, EOHHS 34
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83	83	shall allow children who turn three (3) in between January 1, 2029, and August 31, 2029, to remain 1
84	84	in early intervention until September 1, 2029. Beginning September 1, 2029, EOHHS shall allow 2
85	85	all eligible children to remain in early intervention until the September 1 following the child’s third 3
86	86	birthday. Regulations governing the delivery of services under this program, including eligibility 4
87	87	criteria, shall be promulgated by the department of human services, with the advice of the 5
88	88	interagency coordinating council; provided, however, that all regulations promulgated by the 6
89	89	department of health shall remain in full force and effect until the time they are replaced by 7
90	90	regulations promulgated by the department of human services EOHHS. The regulations shall 8
91	91	stipulate, at a minimum, the following provisions that are consistent with the intent of this chapter: 9
92	92	(1) The director secretary shall develop and maintain a procedure for the earliest possible 10
93	93	identification and efficient referral of all developmentally disabled infants; 11
94	94	(2) The director secretary shall ensure that every infant identified and referred to this 12
95	95	program is enrolled as soon as possible after birth; and further, that for infants placed on a waiting 13
96	96	list for facility based group programming, an early intervention program shall be made available 14
97	97	within a thirty (30) day period from the time a need is identified in the individual program plan; 15
98	98	(3) Unless parents refuse the service, the home visiting component of the program shall 16
99	99	commence as soon as the infant has been identified as having a possible developmental disability; 17
100	100	(4) Any parent(s) who is/are dissatisfied with decisions or termination of service or with 18
101	101	practices and procedures of a particular agency or the department of human services EOHHS shall 19
102	102	notify the director of the department of human services secretary of EOHHS in writing within thirty 20
103	103	(30) calendar days and the complaint shall be reviewed in accordance with department of health 21
104	104	EOHHS policy and procedures, as amended, and the Administrative Procedures Act, chapter 35 of 22
105	105	title 42. 23
106	106	(5) An early intervention program for purposes of this section shall mean a comprehensive 24
107	107	array of educational, developmental, health, and social services provided on a calendar year basis 25
108	108	to eligible infants, children, and their families as specified in program regulations. 26
109	109	(b) Within ninety (90) days after October 1, 2004, an evaluation plan describing outcome 27
110	110	measures that document the program’s successes and shortcomings from the previous fiscal year 28
111	111	shall be submitted to the speaker of the house of representatives, the president of the senate and the 29
112	112	house oversight committee and the governor and the interagency coordinating council. 30
113	113	Development of the plan shall be made in consultation with the entities with expertise in this area 31
114	114	and the interagency coordinating council. The plan shall include a memorandum of understanding 32
115	115	between the department of health, department of human services and the department of elementary 33
116	116	and secondary education that demonstrates coordination and continuity of early intervention 34
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120	120	services among these departments. 1
121	121	(c) Within six (6) months after January 1, 2005 where prescribed outcomes documented in 2
122	122	the evaluation plan have not been accomplished the responsible agencies shall submit written 3
123	123	explanations for the shortfalls, together with their proposed remedies. The report shall also include 4
124	124	evaluation of the progress of the coordination efforts between the department of health and the 5
125	125	department of human services and the department of elementary and secondary education and the 6
126	126	interagency coordinating council and shall include any recommendations regarding modifications 7
127	127	of the reimbursement mechanisms of this chapter. 8
128	128	(d) Within twelve (12) months after August 1, 2005 a final report shall include the progress 9
129	129	of the coordination efforts between the department of health and the department of human services 10
130	130	and department of elementary and secondary education, interagency coordinating council and shall 11
131	131	include any recommendations regarding modifications to the comprehensive array of educational, 12
132	132	developmental, health and social services provided on a calendar year basis to eligible infants, 13
133	133	children and their families as specified in an early intervention system. 14
134	134	(e) All reports or documents required to be produced pursuant to 20 U.S.C. § 1471 et seq., 15
135	135	shall be submitted to the speaker of the house, president of the senate and the chairpersons of the 16
136	136	appropriate house of representatives and senate oversight committees and the governor and the 17
137	137	interagency coordinating council. Adherence to such plans and reporting requirements, and budgets 18
138	138	and the timely achievement of goals contained therein shall be considered by the oversight 19
139	139	committees of the house of representatives and senate, among other relevant factors, in determining 20
140	140	appropriations or other systemic changes. 21
141	141	SECTION 3. This act shall take effect upon passage. 22
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148	148	EXPLANATION
149	149	BY THE LEGISLATIVE COUNCIL
150	150	OF
151	151	A N A C T
152	152	RELATING TO HEALTH AND SAFETY -- MATERNAL AND CHILD HEALTH SERVICES
153	153	FOR CHILDREN WITH SPECIAL HEALTHCARE NEE DS-EARLY INTERVENTION
154	154	PROGRAM FOR DEVELOPMEN TALLY DISABLED INFANTS
155	155	***
156	156	This act would provide that the early intervention program for developmentally disabled 1
157	157	infants be under the jurisdiction of the executive office of health and human services (EOHHS). 2
158	158	The act would also extend eligibility for early intervention services. 3
159	159	This act would take effect upon passage. 4
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