2017 -- S 0960

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LC002773

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2017

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A N   A C T

RELATING TO EDUCATION -- CHILDREN WITH DISABILITIES

     Introduced By: Senators Gallo, and Algiere

     Date Introduced: June 15, 2017

     Referred To: Senate Education

     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 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, 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

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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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EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N   A C T

RELATING TO EDUCATION -- CHILDREN WITH DISABILITIES

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     This act would provide that for children with disabilities who turn twenty-one (21) years

of age while in a post-secondary or transitional educational program, the local educational

agency's ("LEA") obligation to pay for the child's education would continue in accordance with

the student's individual education program. The act would also provide that not later than sixty

(60) days prior to the child turning twenty-one (21), the LEA and state adult service agencies

responsible for providing supports for adults with developmental disabilities would provide the

child and the parent or guardian with certain notices about rights and benefits available when the

child turns twenty-one (21). The act would also provide that this law would not be used to delay

or defer the obligation of a state agency responsible for providing services to adults with

developmental disabilities.

     This act would take effect upon passage.

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