2021 -- S 0454

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LC001539

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2021

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A N   A C T

RELATING TO EDUCATION

     Introduced By: Senators Murray, DiPalma, and Valverde

     Date Introduced: March 04, 2021

     Referred To: Senate Education

     It is enacted by the General Assembly as follows:

     SECTION 1. Chapter 16-24 of the General Laws entitled "Children With Disabilities [See

Title 16 Chapter 97 - The Rhode Island Board of Education Act]" is hereby amended by adding

thereto the following sections:

     16-24-19. Legislative findings.

     The legislature finds and declares that:

     (1) Every student who receives special education is covered by the Individuals with

Disabilities Education Act (IDEA). There are seven (7) basic principles which are consistent with

the IDEA. These principles are as follows:

     (i) To identify the child with special needs;

     (ii) To provide free and appropriate public education;

     (iii) Conduct an evaluation. Districts shall gather the information necessary to help

determine the student’s educational needs and guide decision making about appropriate educational

programming;

     (iv) Produce an individualized education program ("IEP") to ensure that each student’s

individual needs are met; districts shall create a written statement of the educational program

designed to the needs of the student;

     (v) Provide the least restrictive environment for the student so that each student receives

an appropriate education designed to meet their special needs. Each student with disabilities shall

be separated from their nondisabled peers only when the nature of the disability is such that they

cannot succeed in a general education classroom, even with supplementary aids and supports;

     (vi) Offer opportunities for meaningful participation of parents, guardians, and caretakers

of students with disabilities, and the students, when appropriate, to become involved throughout

the special education process; and

     (vii) Implement procedural safeguards to ensure that each student’s rights and the rights of

the parents, guardians, and caretakers of the students with disabilities are protected and establish

clear steps to address issues which may arise. Parents, guardians and caretakers of students with

disabilities or students with disabilities who are over the age of eighteen (18) through twenty-one

(21) and enrolled in school shall have the ability to participate in meetings, examine all education

records and obtain an individual educational evaluation of the student.

     16-24-20. The Rhode Island ombudsperson for special education.

     (a) There is hereby established a Rhode Island ombudsperson for parents, guardians and

caretakers of students with disabilities students with disabilities or students with disabilities who

are over the age of eighteen (18) through twenty-one (21) and enrolled in school. The

ombudsperson shall be independent of the department of education and shall serve as an advocate,

coordinator, and point of contact for those parents, guardians, and caretakers of students with

disabilities or students with disabilities who are over the age of eighteen (18) through twenty-one

(21) and enrolled in school, when dealing with school districts and the districts' compliance with

the applicable individualized education program (referred to hereinafter in this section and §§ 16-

24-21, 16-24-22, 16-24-23, 16-24-24, and 16-24-26 as an “IEP”), 504 plans established pursuant

to the Rehabilitation Act of 1973 (29 U.S.C. § 701 et seq.) (which plans are hereinafter referred to

in this section and §§ 16-24-21, 16-24-22, 16-24-23, 16-24-24, and 16-25-25 as “504 plans”), and

related supports and services for students with disabilities who are provided special services

pursuant to this chapter and federal law, including, but not limited to, the Individuals with

Disabilities Education Act (20 U.S.C. Section 1400 et seq.), and the minimum accountability

standards as they pertain to the individual student.

     (b) The governor, with the advice and consent of the senate, shall appoint an

ombudsperson, who shall be a person qualified by training and experience to perform the duties set

forth in subsections (c) through (e) of this section. The appointment shall be made from a list of at

least three (3) persons prepared and submitted by a committee consisting of six (6) members, all of

whom shall be appointed to serve four (4) year terms. Four (4) members of the committee shall

constitute a quorum. No one shall be eligible for appointment unless he or she is a resident of this

state. Each member appointed to the committee shall have knowledge of federal and state special

education law, knowledge of civil rights, and experience with the implementation of IEP and 504

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plans. The members shall be as follows:

     (1) One of whom shall be a member of the Rhode Island senate, appointed by the president

of the senate;

     (2) One of whom shall be a member of the house of representatives, appointed by the

speaker of the house of representatives;

     (3) One of whom shall be an attorney who practices in the area of special education law;

     (4) One of whom shall be a parent, guardian or caretaker of a student with special

disabilities;

     (5) One of whom shall be an administrator of a municipal school district, or designee; and

     (6) One of whom shall be a special education teacher, or designee.

     (7) The ombudsperson shall hold office for a term of five (5) years and shall continue to

hold office until his or her successor is appointed and qualified.

     (c) The ombudsperson shall have the discretion to ensure all IEP documents, 504 plans,

related supports and services to students with disabilities are properly documented and

implemented, and the goals and objectives are being met, and that appropriate related supports and

services are being provided.

     (d)(1) The ombudsperson shall have authority to inquire of, investigate, and review all

documents from any school, district, or special education department in this state. The

ombudsperson shall have access to all IEP documents, 504 plans, related supports and services,

treatment plans, progress reports and report cards of all students with disabilities.

     (2) The ombudsperson shall have the discretion to review all documents relating to IEP

documents, 504 plans, related supports and services being provided to students throughout the state,

and ensure that proper documentation is being maintained by all schools and districts.

     (3) The ombudsperson shall track metrics of the type of disagreements or complaints

between a parent, guardian or caretaker of the student with disabilities or s student with disabilities

who are over the age of eighteen (18) through twenty-one (21) and is enrolled in school, and the

district; the type of suspect disabilities, which may uncover an unmet need in the education system;

the types of interventions and supports required by a segment of children.

     (4) The ombudsperson shall ensure protections and safeguards are provided to school staff.

To this end, all conversations between teachers, health professionals and/or any school district

personnel and the ombudsperson shall be deemed confidential and not subject to disclosure absent

a court order.

     (5) The ombudsperson shall implement measures to track and monitor district achievement,

success, and challenges in the implementation of IEPs, 504 plans, and related supports and services.

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     (6) The ombudsperson shall appoint a designee to attend IEP meetings in schools

throughout the state and speak with any person with knowledge of the student’s educational

program. The designee shall have access to all school district personnel and may work with the

Rhode Island child advocate as necessary.

     (7) The ombudsperson shall establish minimum compliance measures to ensure that copies

of all relevant documents which are discussed at any family meeting involving a student receiving

services pursuant to this chapter are given to the student’s family at least five (5) days in advance

of any scheduled meeting at which these documents are to be discussed.

     (8) The ombudsperson shall investigate any retaliatory act alleged or committed by any

administrator, school district, state department or other agency with the appropriate referrals to

judicial departments or agencies for action, and any and all complaints filed by a parent, guardian

or caretaker of student with disabilities or a student with disabilities who is over the age of eighteen

(18) through twenty-one (21) and enrolled in school.

     (9) The ombudsperson may appoint those assistants that may be deemed necessary whose

powers and duties shall be similar to those imposed upon the ombudsperson by law and any other

staff as is deemed necessary. The duties of the assistants and other staff members shall be performed

under and by the advice and direction of the ombudsperson.

     (10) All student records shall remain confidential and compliant with the Health Insurance

Portability and Accountability Act (HIPAA).

     (11) The ombudsperson shall not be held liable for any lack of compliance of an IEP or

504 plan.

     (12) All records or files of the ombudsperson shall be readily available to any parent,

guardian or caretaker of a student with disabilities or a student with disabilities who is over the age

of eighteen (18) through twenty-one (21) and enrolled in school to inspect and/or copy for purposes

of any agency or judicial proceeding.

     (e) On or before August 1, 2024, and annually on or before August 1 thereafter, the

ombudsperson shall prepare a detailed report to the governor, the general assembly and the

department of education advising on the status of services being provided to students with

disabilities in Rhode Island schools and summarizing the work of the ombudsperson during the

previous school year. The report shall be available to the public.

     This report shall also include a summary of the parent complaints being filed against

schools by families in regard to these services. The complaints shall remain confidential and shall

not be made available to the public. For purposes of this section, the complaints are as to the lack

of compliance of IEP and 504 plans or the denial of eligibility and/or lack of services.

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     (f) The general assembly shall annually appropriate the sum of five hundred thousand

dollars ($500,000) for the payments of the salaries of the staff and for payment of office expenses

and other actual expenses incurred by the ombudsperson in the performance of his or her duties;

and the controller is authorized and directed to draw his or her orders upon the general treasurer for

the payment of any sum or sums or so much that may from time to time be required upon receipt

by him or her of proper vouchers approved by the ombudsperson.

     (g) As used in this chapter, the term “family” includes parents, legal guardians, and

caretakers of students with disabilities, or any student with disabilities who is over the age of

eighteen (18) through twenty-one (21) and enrolled in school.

     (h)(1) As used in this chapter, the term “students with disabilities” shall apply to all children

with disabilities, regardless of residence, enrolled by their parent, guardian or caretaker in private,

including religious, schools that are served by the local educational agency and meet the

requirements of an elementary or secondary school pursuant to chapter 60 of title 16, in accordance

with 34 C.F.R. § 300.131 (Child Find for parentally-placed private school children with

disabilities); 34 C.F.R. § 300.13 (Elementary School); and 34 C.F.R. § 300.36 (Secondary School);

or

     (2) Students with disabilities who are over the age of eighteen (18) through twenty-one

(21) and enrolled in school.

     (3) For children age three (3) through five (5) years, the screening procedures must be

consistent with the Rhode Island guidelines for implementing child outreach screening, as adopted

by the Rhode Island board of education.

     16-24-21. Evaluation of process.

     (a) The department, in conjunction with the ombudsperson established pursuant to § 16-

24-20, shall develop a meeting evaluation form to be provided to parents, guardians, and caretakers

of students with disabilities or a student with disabilities who is over the age of eighteen (18)

through twenty-one (21) and enrolled in school. The meeting evaluation form shall be provided to

parents, guardians, and caretakers of students with disabilities or a student with disabilities who is

over the age of eighteen (18) through twenty-one (21) and enrolled in school after every meeting

with representatives from the school regarding a student with disabilities. The department shall

make this form available on its website and shall have such forms printed in the language of the ten

(10) most commonly-used languages in Rhode Island.

     (b) The meeting evaluation form shall be designed to allow parents, guardians, and

caretakers of students with disabilities or a student with disabilities who is over the age of eighteen

(18) through twenty-one (21) and enrolled in school to provide feedback on their experience,

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understanding, and level of satisfaction with the processes involving IEPs, 504 plans, and related

supports and services. The meeting evaluation form shall also include sample or suggested

questions that may be asked by parents, guardians, and caretakers during this process.

     (c) Schools shall ensure that any parents, guardians, and caretakers of students with

disabilities or a student with disabilities who is over the age of eighteen (18) through twenty-one

(21) and enrolled in school are given meeting evaluation forms in a language understood by the

person receiving the form.

     (d) Persons receiving the meeting evaluation forms shall be encouraged to return those

forms to the issuing school within ten (10) days upon receipt and may provide a copy of the meeting

evaluation form to the ombudsperson. Copies of the completed meeting evaluation forms shall be

retained in the student’s file, and shall also be distributed to the school’s special education team

chair or department head, as applicable, and to the school district’s director of special education.

     (e) Schools shall review the forms and shall respond appropriately, if necessary.

     (f) Meeting evaluation forms shall not be deemed to be public records pursuant to chapter

2 of title 38 ("access to public records") and shall be compliant with the Health Insurance Portability

and Accountability Act (HIPAA).

     (g) The meeting evaluation forms shall inquire regarding:

     (1) Whether documents received by the family related to special education services were

given in a timely manner;

     (2) The quality of the student's special education team interaction with the parents;

     (3) The family’s level of confidence in the school or district’s explanation, development,

and implementation of the IEP, 504 plan, or related supports and services;

     (4) The family’s level of confidence in the collaboration with their student’s team

members;

     (5) The family’s satisfaction level that their voices were heard and that the family’s

concerns were recognized by the district; and

     (6) The family’s level of confidence that there are avenues to address any concerns or

complaints the family may have in the future regarding their student.

     (h) Each school district or regional special education program shall provide written

notification which shall be distributed to the family at the time a student with disabilities is referred

to special education, in conjunction with the meeting evaluation form set forth in subsection (a) of

this section. The notification shall specify that a majority of the local advisory committee (LAC)

on special education is parents, guardians or caretakers of students with disabilities, and shall

include the name, address, e-mail, and telephone number of the chairperson of the local advisory

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committee (LAC) for special education or the regional advisory committee on special education.

The school district or regional special education program shall ensure the notification is distributed

in the ten (10) most commonly used languages in Rhode Island.

     16-24-22. Progress reports.

     The department shall develop a model uniform checklist and progress report which schools

shall issue to parents, guardians, and caretakers of students with disabilities or a student with

disabilities who is over the age eighteen (18) through twenty-one (21) and enrolled in school to

inform those persons of the progress being made by their student in accordance with an IEP or 504

plan. The model uniform checklist and progress report shall be posted on the department's website.

Schools may, but shall not be required to utilize the model progress report, but schools shall include

all information required on the uniform checklist within the schools' progress reports. Provided, in

the event that information listed on the uniform checklist is not applicable to the particular student,

the progress report shall indicate it is not applicable. These progress reports and checklists shall not

be deemed to be public records pursuant to chapter 2 of title 38 ("access to public records").

Progress reports shall be based upon data and evidence driven.

     16-24-23. Model uniform information pamphlet.

     The department shall develop a model uniform information pamphlet which shall be

distributed to the family in conjunction with the student’s report card. The information pamphlet

shall include the name, address, e-mail, and telephone number of the Rhode Island ombudsperson

for special education; shall describe the roles, availability and authority of the ombudsperson; and

shall be clear and conspicuous. The department shall ensure the information pamphlet is distributed

in the ten (10) most commonly used languages in Rhode Island.

     16-24-24. Local advisory committee on special education.

     (a) There is hereby authorized, created and established an advisory committee on special

education to be appointed by the school committee of each local educational or regional special

education program.

     (b) Each local or regional committee shall be composed of persons involved in or

concerned with the education of students with disabilities. Parents, guardians and caretakers of

students with disabilities shall compose a majority of the committee membership, and at least fifty

percent (50%) of this majority shall be selected by the parents, guardians and caretakers of students

with disabilities. A regional committee shall reflect an equal distribution of representatives from

each of the school districts that comprise the regional program. Members of the committee shall

consist of an individual with a disability, a public school administrator, a special education teacher,

a general education teacher and other members of the community at the discretion of the school

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committee and school board.

     (c) The local advisory committee shall advise the school district or regional program on

matters concerning the unmet needs of students with disabilities, comment on improvement plans

including school support plans resulting from Individuals with Disabilities Education Act (IDEA)

Part B compliance reports, local compliance with state and federal laws pertaining to the education

of students with disabilities, comment on applications for federal and state funds and serve as

advocates in partnership with parents, guardians and caretakers of students with disabilities or

students with disabilities who are over the age of eighteen (18) through twenty-one (21) and

enrolled in school to ensure that they receive the entitlements provided to them under state and

federal law.

     (d) The local or regional educational agency shall provide support to the local advisory

committee by contracting for technical assistance services with the Rhode Island designated parent

training and technical assistance agency or other community-based nonprofit parent organization.

Such technical assistance shall include the role of the advisory committees in advocating for

children, state and federal regulations, community resources, strategic planning and development

of an annual report to the school committee. The local or regional educational agency shall also

provide school and district improvement plans to the committee for comment and make available

appropriate records and data as permitted by law. The public agency shall also support the

committee in disseminating information to parents, guardians and caretakers of students with

disabilities or students with disabilities who are over the age of eighteen (18) through twenty-one

(21) and enrolled in school regarding the role of the local advisory committee, information

pertaining to special education and inform the committee of professional development

opportunities that are available within the local educational agency.

     16-24-25. Audit.

     (a) By providing notice to parents, guardians or caretakers of students with disabilities or

students with disabilities who are over the age of eighteen (18) through twenty-one (21) and

enrolled in school that records will be reviewed and/or audited it increases the awareness of parental

educational rights, increases opportunities for parent assistance and guidance, increases parent

engagement, and provides the opportunity of communication and resolution between the district

and the students, parents, guardians or caretakers of students with disabilities or students with

disabilities who are over the age of eighteen (18) through twenty-one (21) and enrolled in school.

     (b) Commencing on December 1, 2022, the Rhode Island ombudsperson for special

education shall conduct random audits of school districts to ensure accountability and compliance

by the school district with the implementation of IEPs, 504 plans, and related supports and services

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for students of those school districts, and provide the department with yearly data, including denials

of eligibility of services, that will guide the department in improving educational outcomes.

Random audits may be conducted of any school district or individual school if requested by the

Rhode Island ombudsperson for special education, if there is a complaint filed by a parent, guardian

or caretaker of a student with disabilities or a student with disabilities who is over the age of

eighteen (18) through twenty-one (21) and enrolled in school, if there is a lawsuit filed against a

district, or if annually scheduled. These audits shall track, monitor metrics and provide

recommendations to the department and school district for remediation of non-compliance issues

and recommendations for improvements of systems and recordkeeping. A copy of the audit shall

be provided to the department, school district, school committee and/or any other child protection

agency as necessary.

     SECTION 2. This act shall take effect upon passage.

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EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N   A C T

RELATING TO EDUCATION

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     This act would establish the Rhode Island ombudsman for special education, independent

of the department of elementary and secondary education, to ensure school districts throughout the

state meet the minimum standards required to comply with individualized education programs for

students with disabilities. This act would further direct that families be provided forms to evaluate

their level of confidence and satisfaction with the schools in the process being followed in regard

to their student, as well as informational pamphlets in regards to the services provided and contact

information.

     This act would take effect upon passage.

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