Chapter 173

2016 -- S 2391 SUBSTITUTE A Enacted 06/28/2016

A N   A C T

RELATING TO EDUCATION

Introduced By: Senators DaPonte, Gallo, E O`Neill, and Kettle

Date Introduced: February 11, 2016

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 [See Title 16 Chapter 97 - The Rhode Island Board of Education Act]" 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:

(1) Are provided at public expense, under public supervision and direction, and without

charge;

(2) 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;

(3) Include preschool, elementary school or secondary school education in the state; and

(4) 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) 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.

(f) A child with a disability as referenced in subsection (a) of this section shall have

available to them any benefits provided by this section up to their twenty-first birthday. Provided,

in the event such a child with a disability is enrolled in a post-secondary or transitional

educational program as part of the services provided to the child by the school committee or local

education agency (LEA), and such child reaches twenty-one (21) years of age during a school or

program year, then the school committee's or LEA's obligation to pay for the post-secondary or

transitional program shall continue through to the conclusion of the school or program's academic

year. Students who require more extensive care will remain under the direction of the department

of rehabilitative services and will be transitioned through the individual education plan prior to

reaching age twenty-one (21).

SECTION 2. This act shall take effect upon passage.

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LC003203/SUB A

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