2008 -- H 7989

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LC01813

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STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2008

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A N A C T

RELATING TO EDUCATION

     Introduced By: Representatives Naughton, Slater, and Dennigan

     Date Introduced: February 26, 2008

     Referred To: House Finance

It is enacted by the General Assembly as follows:

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     SECTION 1. Chapter 16-24 of the General Laws entitled "Children with Disabilities" is

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hereby amended by adding thereto the following sections:

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     16-24-19. School age children. -- (1) Self-contained special classes whether part-time or

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full-time for school aged children with mild and moderate disabilities shall be limited to eight (8)

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children unless there is an equivalent of a full-time teacher assistant in which case the maximum

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number allowable shall be ten (10) children. When a work placement program is being conducted

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at the senior high school level whereby half of the children with disabilities are involved in out-

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of-school work placement, there shall be a special education teacher in the classroom and at least

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one other special education teacher employed in the coordination and counseling of work

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placement activities. When half of the class is on work placement, the maximum size of the class

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may exceed ten (10) children with disabilities with the equivalent of a full-time teacher assistant,

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but in no case shall the class size exceed a maximum of twenty (20) children with disabilities.

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Maximum class size for children with severe, profound or multiple disabilities shall not exceed

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six (6) children and shall include a full-time teacher assistant when the class size exceeds three

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(3) children.

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     (2) The class size described in section (1) of this statute represents the total number of

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students assigned to the particular teacher assigned to that class comprising that teachers total

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caseload, regardless of the number of students physically present in that class at any one time.

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     (3) School aged children with sever, profound or multiple disabilities shall receive related

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services from a full-time physical and/or occupational therapist at least one day per week unless

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otherwise indicated by the evaluation process and described in the IEP. These services shall

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include direct service to these children and consultation with the classroom teacher and parent(s).

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Other related services should be on an as needed basis. Each school-aged child with a disability

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shall have ready access to materials, equipment, and other services that are customarily available

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to children in regular education classes. Each school-aged child with a disability shall have

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assistance from appropriate related services personnel on an as needed basis as determined by the

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evaluation process. Teachers, teachers' assistants, and related services personnel shall participate

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and consult in an ongoing evaluation process in order to continuously refine and delineate the

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needs of each school-aged child with a disability and of the special education program.

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     16-24-20. Speech-language pathology services. -- The program offered to children with

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disabilities pursuant to this chapter shall include:

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     (i) Identification of children with speech or language impairments;

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     (ii) Diagnosis and appraisal of specific speech or language impairments;

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     (iii) Referral for medical or other professional attention necessary for the habilitation of

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speech or language impairments;

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     (iv) Provision of speech and language services for the habilitation or prevention of

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communicative impairments; and

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     (v) Counseling and guidance of parents, children and teachers regarding speech and

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language impairments.

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     16-24-21. Personnel. -- (a) Certification-Licensure. All professional personnel, whether

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employed on a full-time or part-time basis, or under a contractual agreement, for whom

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certificates or licenses are required by state law and/or regulations, shall hold appropriate

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certificates or licenses. Where no such mandates exist, such personnel shall show evidence

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satisfactory to the Rhode Island department of elementary and secondary education that they have

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appropriate professional training and/or experience to perform satisfactorily and successfully in

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their respective areas.

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     (b) Special Education Director. Every school district, except as provided for in subsection

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(g) herein must employ a full-time special education director; provided, however, school districts

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may join with a neighboring school district in appointing a full-time special education director to

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conduct a regional special education program. A school district having more than ten thousand

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(10,000) students enrolled in the public and on-public schools, and children in the age range of

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three (3) through five (5) years old in the school district shall also employ a full-time assistant

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special education director for every two-thousand (2,000) students enrolled in excess of ten

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thousand (10,000) students. A regional program which consists of more than two (2) communities

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shall also employ a full-time assistant special education director. If the total enrollment in the

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regionalized communities is over twelve thousand (12,000) students, an additional assistant

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special education director shall be employed for every two thousand (2,000) enrolled students

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above twelve thousand (12,000) students.

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     (c) School Psychologist. A school district having one thousand, five hundred (1,500)

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students enrolled in the public and non public schools and children in the age range of three (3)

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through five (5) years old shall employ one full-time school psychologist or equivalent for each

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one thousand, five hundred (1,500) students enrolled. In cases where the enrolled population of

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students falls between even multiples of fifteen hundred (1,500) (for example, 1,550), the school

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district shall employ a school psychologist on a part-time basis in accordance with the needs of

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the students with disabilities to be served, as determined by the evaluation team. Caseloads for

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school psychologists shall be assigned by the local responsible authority, in a prudent and

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equitable manner, based on the time required to properly serve the severity of the needs of the

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students with disabilities involved, as determined by the evaluation process. This ratio is a

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minimum standard. Each school district shall employ a sufficient number of school psychologists

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to meet all of the evaluation and the placement timelines as well as each student's individual

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service needs identified through the evaluation, the team of qualified professionals and the

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parent(s) (team) and the individualized education program (IEP).

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     (d) Speech/Language Pathologist. A school district having a combined enrollment of one-

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thousand, two-hundred (1,200) students enrolled in the public and non public schools and

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children in the age range of three (3) through (5) years old shall employ a full-time

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speech/language pathologist or equivalent for each one-thousand, two hundred (1,200) students

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enrolled. In cases where the enrolled population of students falls between even multiples of

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twelve hundred (1,200), (for example, 1,250), the school district shall employ a speech/language

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pathologist on a part-time basis in accordance with the needs, as determined by the evaluation

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process, of students with speech/language disabilities to be served. Caseloads of a

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speech/language pathologist shall be assigned by the responsible local authority in a prudent and

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equitable manner, based on the time required to properly serve the severity of the needs of the

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students with disabilities involved, as determined by the evaluation process. This ratio is a

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minimum standard. Each school district shall employ a sufficient number of speech/language

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pathologists to meet all of the evaluation and the placement timelines as well as each student's

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individual service needs identified through the evaluation, the team of qualified professionals and

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the parent(s) (Team) and the individualized education program (IEP) process.

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     (e) School Social Worker. A school district having two-thousand, five hundred (2,500)

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students enrolled in the public and non public schools and children in the age range of three (3)

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through five (5) years old shall employ one full-time school social worker or equivalent to each

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two-thousand, five hundred (2,500) students enrolled. In cases where the enrolled population of

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students falls between even multiples of two-thousand, five hundred (2,500), (for example 2,500),

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the school district shall employ a school social worker on a part-time basis in accordance with the

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needs of the students with disabilities to be served. Caseloads of school social workers shall be

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assigned by the local responsible authority, in a prudent and equitable manner, based on the time

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required to properly serve the severity of the needs of the students with disabilities involved, as

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determined by the evaluation process. This ratio is a minimum standard. Each school district shall

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employ a sufficient number of school social workers to meet all of the evaluation and the

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placement timelines, as well as each student's individual service needs identified through the

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evaluation, the team of qualified professionals and the parent(s) (team) and the individualized

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education program (IEP) process.

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     (f) Physical and Occupational Therapists. The school, committee of each school district

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shall employ one full-time physical and/or occupational therapist or equivalent for every thirty

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(30) students with mild to moderate disabilities identified as being in need of physical and/or

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occupational therapy. School districts which have less than thirty (30) resident students with mild

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to moderate disabilities in need of physical and/or occupational therapy may join with another

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school district(s) in providing a full-time physical and/or occupational therapist for every thirty

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(30) students identified. Each school district shall also provide a physical and/or occupational

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therapist at least one full day per week for every six (6) resident students with sever or profound

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mental retardation and/or multi-handicapped disabilities identified as being in need of physical

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and/or occupational therapy. School districts which have less than six (6) such students may join

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with another school district(s) in providing a physical and/or occupational therapist at least one

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full day per week for every six (6) identified students. In cases where the identified population of

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students with mild to moderate disabilities in need of physical and/or occupational therapy should

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fall between multiples of thirty (30) (for example, 42), the school district shall employ a physical

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and/or occupational therapist on a part-time basis in accordance with the needs of such students

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as determined by the evaluation process. Caseloads for physical and occupational therapists shall

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be assigned by the local responsible authority, in a prudent and equitable manner, based on the

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time required to properly serve the severity of needs of the students with disabilities involved, as

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determined by the evaluation process and the recommendation of the student's physician.

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     (g) New Shoreham is hereby exempted from the provisions of subsection (b) herein

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because its low population and impracticability of regionalizing with another community. It must,

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however, have a part-time administrator for sufficient time to meet the needs of the school

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district.

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     16-24-22. Extended school year services. -- (a) General.

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     (1) Each LEA shall ensure that extended school year services are available as necessary

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to provide FAPE, consistent with paragraph (a)(2) of this section.

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     (2) Extended school year services must be provided only if a child's IEP team determines,

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on an individual basis, in accordance with this chapter, that the services are necessary for the

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provision of FAPE to the child.

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     (3) In implementing the requirements of this section, a public agency may not:

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     (i) Limit extended school year services to particular categories of disability; or

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     (ii) Unilaterally limit the type, amount, or duration of those services.

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     (4) The school year for children who have severe or profound mental retardation or

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multiple disabilities and who have physical or sensory impairments in combination with other

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severe disability conditions shall consist of a minimum of two hundred and thirty (230) days.

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During the additional fifty (50) days to the typical one hundred eighty (180) day school year,

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services shall be determined by the IEP team and provided in the least restrictive environment,

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which may include community based settings with children without disabilities.

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     (5) Nothing in this chapter shall be construed so as to deny the provisions of extended

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school years services to children with disabilities other than those referenced in subsection 4 of

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this section. Such services shall be based on the diagnosed needs of the child, the findings of the

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evaluation team and shall be described in the child's IEP.

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     (b) Definition. As used in these regulations, the term extended school years services

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means special education and related services that:

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     (1) Are provided to a child with a disability;

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     (i) Beyond the normal school year of the LEA;

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     (ii) In accordance with the child's IEP; and

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     (iii) At no cost to the parents of the child; and

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     (2) Meet the standards of the SEA.

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     SECTION 2. This act shall take effect upon passage.

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LC01813

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EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N A C T

RELATING TO EDUCATION

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     This act would modify into the general laws certain language regarding the instruction of

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special needs students. This language would closely follow the language contained in certain

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regulations promulgated by the board of regents.

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     This act would take effect upon passage.

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LC01813

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