Chapter
141
2008 -- H 7715 SUBSTITUTE A
Enacted 07/01/8
A N A C T
RELATING TO EDUCATION
- CHILDREN WITH DISABILITIES
Introduced By: Representatives Lally, and Shanley
Date Introduced: February
26, 2008
It is
enacted by the General Assembly as follows:
SECTION
1. Section 16-24-1 of the General Laws in Chapter 16-24 entitled "Children
with
Disabilities" is hereby amended to read as follows:
16-24-1.
Duty of school committee to provide special education. -- (a) In any
city or
town
where there is a child with a disability within the age range as designated by
the regulations
of the
state board of regents for elementary and secondary education, who is
functionally limited
to such
an extent that normal educational growth and development is prevented, the
school
committee
of the city or town where the child resides shall provide the type of
special education
that
will best satisfy the needs of the child with a disability, as recommended and
approved by the
state
board of regents for elementary and secondary education in accordance with its
regulations
governing
the education of children with disabilities.
(b)
Notwithstanding any other federal or state law or regulation, the school
committee
where
a parentally placed child who has or develops a disability in private school
resides, shall
provide
the child with the same free and appropriate education as it provides to
children in public
schools.
These children shall have the same rights and remedies in the regulations of
the board of
regents
for elementary and secondary education governing the education of children with
disabilities
as children in public school relative to initially determining eligibility,
implementation
and/or
any other rights and remedies relative to any special education services the
child may be
eligible
or receive from the public school district.
(c)
For the purpose of this statute, a parentally placed child who has or develops
a
disability
in private school is defined as a child enrolled or placed in a private school
by the
unilateral
decision of his or her parents and without consolation of the public school
district, who
either
has, or at some point while at the private school is diagnosed with a learning
disability.
Parents
who unilaterally enroll their child in a private school are required to pay the
tuition costs
related
to the child's education that are unrelated to the child's disability, and the
public school
district
where the child resides is responsible for payment of the services related to
the child's
disability
as developed and determined in the child's individual education plan.
(d)
For the purpose of this statute, a free and appropriate education is defined as
special
education
services and related services that:
(i)
Are provided at public expense, under public supervision and direction, and
without
charge;
(ii)
Meet all of the standards and requirements of the state of Rhode Island
department of
education
and requirements of the regulations of the board of regents for elementary and
secondary
education governing the education of children with disabilities, which shall
include
initial
evaluation and determination procedures;
(iii)
Include preschool, elementary school or secondary school education in the
state; and
(iv)
Are provided in conformity with an individualized education program that meets
the
requirements
of the regulations of the board of regents for elementary and secondary
education
governing
the education of children with disabilities.
(e)(b) In those cases that an individual education plan has been
adopted for a child and
the
child moves to another town or city, the plan shall remain in effect until a
new plan is adopted
for the
child in the new town or city.
SECTION
2. This act shall take effect upon passage.
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LC02213/SUB A/2
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