2022 -- H 7548

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LC004578

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2022

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A N   A C T

RELATING TO EDUCATION -- RESIDENCE OF CHILDREN FOR SCHOOL PURPOSES

     

     Introduced By: Representative Kathleen A. Fogarty

     Date Introduced: February 18, 2022

     Referred To: House Finance

     It is enacted by the General Assembly as follows:

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     SECTION 1. Section 16-64-1.1 of the General Laws in Chapter 16-64 entitled "Residence

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of Children for School Purposes" is hereby amended to read as follows:

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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.

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

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Rhode Island governmental agency shall be entitled to the same free, appropriate public education

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provided to all other residents of the city or town where the child is placed. The city or town shall

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pay the cost of the education of the child during the time the child is in foster care in the city or

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town.

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     (b) Children placed by the department of children, youth and families (DCYF) in a group

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home or other residential facility that does not include the delivery of educational services are to

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be educated by the community in which the group home or other residential facility is located, and

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those children shall be entitled to the same free, appropriate public education provided to all other

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residents of the city or town where the child is placed. For purposes of payment and reimbursement

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for educational costs under this chapter, the term "group home or other residential facility" shall

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not include independent-living programs. Each city and town that contains one or more group

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homes or other residential facilities that do not include delivery of educational services will receive

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funds as part of state aid to education in 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 facility

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"beds" exist in each Rhode Island city or town, counting only those "beds" in facilities that do not

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include the delivery of educational services. The number of "beds" in each group home or other

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residential facility shall be equal to the maximum number of children who may be placed in that

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group home or other residential facility on any given night according to the applicable licensure

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standards of the DCYF.

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

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a school district by December 31, 2007, is greater than the number certified March 14, 2007, upon

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which the education aid for FY 2008 was appropriated, the education aid for that district will be

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increased by the number of increased beds multiplied by fifteen thousand dollars ($15,000).

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Notwithstanding the provisions of this section or any law to the contrary, the education aid for all

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group home or other residential facility "beds" located or associated with the Children's Residential

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and Family Treatment (CRAFT) program located on the East Providence campus of Bradley

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Hospital shall be twenty-two thousand dollars ($22,000) per bed. The Department of Elementary

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and Secondary Education shall include the additional aid in equal payments in March, April, May,

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and June, and the Governor's budget recommendations pursuant to § 35-3-8 shall include the

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amounts required to provide the increased aid.

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     For all fiscal years beginning after June 30, 2016, education aid for each school district

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shall include seventeen thousand dollars ($17,000) for each bed certified by DCYF by the preceding

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December 31. Notwithstanding the provisions of this section or any law to the contrary, the

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education aid for all group home or other residential facility "beds" located or associated with the

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Children's Residential and Family Treatment (CRAFT) program located on the East Providence

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campus of Bradley Hospital shall be twenty-six thousand dollars ($26,000) per bed. For all fiscal

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years beginning after June 30, 2008, whenever the number of beds certified by DCYF for a school

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

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

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

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

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

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March, April, May, and June, and the Governor's budget recommendations pursuant to § 35-3-8

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shall include the amounts required to provide the increased aid.

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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 delivery

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of educational services provided by that facility (excluding facilities where students are taught on

 

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grounds for periods of time by teaching staff provided by the school district in which the facility is

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located), shall have the cost of their education paid for as provided for in subsection (d) and § 16-

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64-1.2. The city or town determined to be responsible to DYCF for a per-pupil special-education

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cost pursuant to § 16-64-1.2 shall pay its share of the cost of educational services to DCYF or to

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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 the

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child attends the on-grounds program.

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     (e) In addition to the provisions of subsection (b) of this section, the department of

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education, in conjunction with the DCYF, shall develop a procedure to ensure that the

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municipalities in which group homes or other residential facilities are located are reimbursed for

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the educational expenses above the cost allocated in this section. Any procedure established shall

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provide at a minimum that the actual education costs associated with a child placed in a group home

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or other residential facility is paid by the state through the department of education, the DCYF, or

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the municipality where the child is a resident pursuant to § 16-64-1.

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     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 -- RESIDENCE OF CHILDREN FOR SCHOOL PURPOSES

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     This act would require the department of education and the DCYF to develop a procedure

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to ensure that the municipalities where group homes or other residential facilities are located are

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reimbursed for the educational expenses above the cost allocated.

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     This act would take effect upon passage.

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