Chapter 237

2017 -- S 0960 Enacted 07/19/2017

A N   A C T

RELATING TO EDUCATION -- CHILDREN WITH DISABILITIES

Introduced By: Senators Gallo, and Algiere

Date Introduced: June 15, 2017

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, in

accordance with the student’s individualized education program (IEP). Provided, in the event

such a child with a disability is enrolled in a post-secondary postsecondary 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

postsecondary or transitional program shall continue through to the conclusion of the school or

program's academic year, in accordance with the student's individualized education program. Not

later than sixty (60) calendar days prior to the child turning twenty-one (21) years of age, the

local educational agency (LEA) shall provide the child and the parent or guardian with notice

explaining the rights under this section that remain in effect at age twenty-one (21). Further, not

later than sixty (60) calendar days prior to the child turning twenty-one (21) years of age, the state

adult service agencies responsible for planning, funding and providing services and supports for

adults with developmental disabilities, including the state office of rehabilitation services (ORS)

and the state department of behavioral healthcare, developmental disabilities and hospitals

(BHDDH), shall provide the child and the parent or guardian with notice of the obligations and

responsibilities that the respective agency owes to eligible recipients along with a level of funding

and/or an individual support plan for the child twenty-one (21) years of age to receive. 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). This section shall not be used to delay or defer the obligation of a

state agency responsible for providing services to this population.

SECTION 2. This act shall take effect upon passage.

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LC002773

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