2013 -- S 0311

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LC01195

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STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2013

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A N A C T

RELATING TO EDUCATION - RESIDENCE OF CHILDREN FOR SCHOOL PURPOSES

     Introduced By: Senators Cool Rumsey, Goldin, Pichardo, Crowley, and Miller

     Date Introduced: February 13, 2013

     Referred To: Senate Education

It is enacted by the General Assembly as follows:

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     SECTION 1. Sections 16-64-1, 16-64-1.1, 16-64-2, 16-64-5 and 16-64-8 of the General

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Laws in Chapter 16-64 entitled "Residence of Children for School Purposes" are hereby amended

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to read as follows:

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     16-64-1. Residency of children for school purposes. -- Except as provided by law or by

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agreement, a child shall be enrolled in the school system of the city or town where he or she

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resides. A child shall be deemed to be a resident of the city or town where his or her parents

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reside. If the child's parents reside in different cities or towns the child shall be deemed to be a

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resident of the city or town in which the parent having actual custody of the child resides. In cases

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where a child has no living parents, has been abandoned by his or her parents, or when parents are

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unable to care for their child on account of parental illness or family break-up, the child shall be

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deemed to be a resident of the city or town where the child lives with his or her legal guardian,

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natural guardian, or other person acting in loco parentis to the child. An emancipated minor shall

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be deemed to be a resident of the city or town where he or she lives. Children placed in group

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homes, in foster care, in child caring facilities, or by a Rhode Island state agency or a Rhode

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Island licensed child placing agency shall be deemed to be residents of the city or town where the

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group home, child caring facility, or foster home is located for the purposes of enrollment, and

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this but will have the right to continue to attend school in a district where they have previously

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resided in order to maintain educational stability as provided for in section 16-64-5. A city or

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town providing education to a student in state care shall be reimbursed or the child's education

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shall be paid for in accordance with section 16-64-1.1. In all other cases a child's residence shall

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be determined in accordance with the applicable rules of the common law. Where a child is a

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resident in a dwelling which lies in more than one municipality, the parent(s) or guardian shall

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choose which school district the child shall attend without payment of costs as tuition.

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     16-64-1.1. Payment and reimbursement for educational costs of children placed in

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foster care, group homes, or other residential facility by a Rhode Island state agency. -- (a)

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Children placed in foster care by a Rhode Island licensed child placing agency or a Rhode Island

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governmental agency shall be entitled to the same free appropriate public education provided to

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all other residents of the city or town where the child is placed or in a district where they have

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previously resided as provided for by section 16-64-5. The city or town shall pay the cost of the

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education of the child during the time the child is in foster care in the city or town.

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      (b) Children placed by DCYF in a group home or other residential facility that does not

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include the delivery of educational services are to be educated by the community in which the

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group home or other residential facility is located, or in a district where they have previously

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resided as provided for by section 16-64-5, and those children shall be entitled to the same free

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appropriate public education provided to all other residents of the city or town where the child is

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placed. For purposes of payment and reimbursement for educational costs under this chapter, the

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term "group home or other residential facility" shall not include independent living programs.

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Each city and town that contains one or more group homes or other residential facilities that do

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not include delivery of educational services will receive funds as part of state aid to education in

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accordance with the following provisions:

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      (1) On December 31 of each year the DCYF shall provide the department of elementary

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and secondary education with a precise count of how many group home or other residential

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facility "beds" exist in each Rhode Island city or town, counting only those "beds" in facilities

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that do not include the delivery of educational services. The number of "beds" in each group

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home or other residential facility shall be equal to the maximum number of children that may be

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placed in that group home or other residential facility on any given night according to the

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applicable licensure standards of the DCYF.

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      (2) For the fiscal year beginning July 1, 2007, if the number of beds certified by the

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Department of Children, Youth and Families for a school district by December 31, 2007 is greater

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than the number certified March 14, 2007 upon which the education aid for FY 2008 was

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appropriated, the education aid for that district will be increased by the number of increased beds

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multiplied by fifteen thousand dollars ($15,000). Notwithstanding the provisions of this section or

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any law to the contrary, the education aid for all group home or other residential facility "beds"

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located or associated with the Children's Residential and Family Treatment (CRAFT) program

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located on the East Providence campus of Bradley Hospital shall be twenty-two thousand dollars

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($22,000) per bed. The Department of Elementary and Secondary Education shall include the

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additional aid in equal payments in March, April, May and June, and the Governor's budget

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recommendations pursuant to section 35-3-8 shall include the amounts required to provide the

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increased aid.

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      For all fiscal years beginning after June 30, 2008, education aid for each school district

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shall include fifteen thousand dollars ($15,000) for each bed certified by the Department of

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Children, Youth and Families by the preceding December 31. Notwithstanding the provisions of

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this section or any law to the contrary, the education aid for all group home or other residential

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facility "beds" located or associated with the Children's Residential and Family Treatment

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(CRAFT) program located on the East Providence campus of Bradley Hospital shall be twenty-

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two thousand dollars ($22,000) per bed. For all fiscal years beginning after June 30, 2008,

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whenever the number of beds certified by the Department of Children, Youth and Families for a

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school district by December 31 is greater than the number certified the prior December 31 upon

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which the education aid for that fiscal year was appropriated, the education aid for that district as

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enacted by the assembly during the prior legislative session for that fiscal year will be increased

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by the number of increased beds multiplied by the amount per bed authorized for that fiscal year.

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The Department of Elementary and Secondary Education shall include the additional aid in equal

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payments in March, April, May and June, and the Governor's budget recommendations pursuant

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to section 35-3-8 shall include the amounts required to provide the increased aid.

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      (3) [Deleted by P.L. 2007, ch. 73, art. 21, section 6.]

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      (4) [Deleted by P.L. 2007, ch. 73, art. 21, section 6.]

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      (5) [Deleted by P.L. 2007, ch. 73, art. 21, section 6.]

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      (c) Children placed by DCYF in a residential treatment program, group home, or other

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residential facility, whether or not located in the state of Rhode Island, which includes the

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delivery of educational services, provided by that facility (excluding facilities where students are

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taught on grounds for periods of time by teaching staff provided by the school district in which

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the facility is located), shall have the cost of their education paid for as provided for in subsection

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(d) of this section and section 16-64-1.2. The city or town determined to be responsible to DYCF

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for a per-pupil special education cost pursuant to section 16-64-1.2 shall pay its share of the cost

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of educational services to DCYF or to the facility providing educational services.

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      (d) Children placed by DCYF in group homes, child caring facilities, community

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residences, or other residential facilities shall have the entire cost of their education paid for by

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DCYF if:

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      (1) The facility is operated by the state of Rhode Island or the facility has a contract with

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DCYF to fund a pre-determined number of placements or part of the facility's program;

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      (2) The facility is state-licensed; and

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      (3) The facility operates an approved on-grounds educational program, whether or not

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the child attends the on-grounds program.

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     16-64-2. Retention of residence. -- A child shall be eligible to receive education from

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the city or town in which the child's residence has been established until his or her residence has

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been established in another city or town and that city or town has enrolled the child within its

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school system, unless the commissioner of elementary and secondary education, pursuant to

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section 16-64-6, has ordered otherwise.or, in the case of a child in foster care, until they have

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achieved permanency, if maintaining educational stability is determined by the family court to be

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in the child’s best interest. Nothing contained in this section shall be construed to prohibit a city

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or town in its own discretion from enrolling a child within its school system before a child has

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established technical residency within the city or town. The commissioner of elementary and

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secondary education shall promulgate any rules that may be needed to implement the educational

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provisions of the Stewart B. McKinney Homeless Assistance Act (P.L. 105-220), 42 U.S.C.

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section 11431 et seq., and of the Fostering Connections to Success and Increasing Adoptions Act

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of 2008 (P.L. 110-351, 42 USC section 1305 et seq.

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     16-64-5. Children under care and control of state agency. -- Children under care

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and control of state agency – Right to a stable education. -- In cases where the director of a

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Rhode Island state agency considers it likely that a child under his or her care and control will be

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subject to a short term placement or series of short term placements, the director may petition the

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commissioner of elementary and secondary education to designate the child's original city or

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town of residence as having continuing responsibility for the child's education. This designation

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shall be effective for period not greater than two (2) months unless an extension is granted by the

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commissioner. Nothing contained in this section shall be construed to prohibit any school system

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from providing transportation for the child without charge. Disputes under this section including

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disputes relating to transportation shall be resolved in accordance with section 16-64-6.

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     (a) Rhode Island licensed child placing agencies and Rhode Island governmental

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agencies shall promote the educational stability of children in foster care by considering the

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child's school attendance area when making placement decisions. The foster care pupil shall have

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the right to remain enrolled in and attend school in a district where they have previously resided,

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if such placement is deemed by the family court in the pupil’s best interest for so long as the child

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remains in the care of the state, notwithstanding the provisions of section 16-64-8.

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     (b) School districts shall ensure that if a pupil in foster care is absent from school due to a

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decision to change the placement of a pupil made by the family court or child placing agency, or

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due to a verified court appearance or related court-ordered activity, the grades and credits of the

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pupil shall be calculated as of the date the pupil left school, and no lowering of his or her grades

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shall occur as a result of the absence of the pupil under these circumstances.

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     (c) Notwithstanding any state or federal law to the contrary, school districts shall be

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authorized to permit access of pupil school records to any child placing agency for the purpose of

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fulfilling educational case management responsibilities and assisting with the school or placement

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of a pupil.

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     16-64-8. Completion of semester of school year. -- When a student changes his or her

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residence during the course of a semester the student shall be allowed to complete the semester in

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his or her original city or town of residence. If the student is a senior or about to enter his or her

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senior year the student shall be allowed to complete his or her senior year in his or her original

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city or town of residence. No school district shall be required to provide transportation to a

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student exercising the option permitted by this section. No school district shall require a student

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to exercise the option allowed in this section. No school district shall be required to pay tuition

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for a student who exercises the option allowed in this section. Nothing in this section shall be

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construed to diminish the rights of any person covered by the McKinney Homeless Assistance

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Act (P.L. 105-220), 42 U.S.C. section 11431 et seq., or any person covered by the provisions of

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Fostering Connections to Success and Increasing Adoptions Act of 2008 (P.L. 110-351), 42 USC

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section 1305 et seq.

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     SECTION 2. This act shall take effect upon passage.

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LC01195

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EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N A C T

RELATING TO EDUCATION - RESIDENCE OF CHILDREN FOR SCHOOL PURPOSES

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     This act would provide that Rhode Island licensed child placing agencies and Rhode

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Island governmental agencies would promote the educational stability of children in foster care

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by considering the child’s school attendance area when making placement decisions. More

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specifically, the act would provide that a student who is in foster care would have the right to

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remain enrolled in and attend school in a district where the student previously resided, if such

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placement were deemed by the family court to be in the pupil’s best interest.

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     This act would take effect upon passage.

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LC01195

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