2012 -- H 7653

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LC01585

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STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2012

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A N A C T

RELATING TO EDUCATION - RESIDENCE OF CHILDREN FOR SCHOOL PURPOSES

     Introduced By: Representatives MacBeth, McLaughlin, Menard, and Schadone

     Date Introduced: February 16, 2012

     Referred To: House Health, Education & Welfare

It is enacted by the General Assembly as follows:

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     SECTION 1. Sections 16-64-1.1 and 16-64-1.3 of the General Laws in Chapter 16-64

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entitled "Residence of Children for School Purposes" are hereby amended to read as follows:

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     16-64-1.1. Payment and reimbursement for educational costs of children placed in

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foster care, group homes, or other residential facility by a Rhode Island state agency. -- (a)

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Children placed in foster care by a Rhode Island licensed child placing agency or a Rhode Island

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governmental agency shall be entitled to the same free appropriate public education provided to

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all other residents of the city or town where the child is placed. The city or town shall pay the cost

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of the education of the child during the time the child is in foster care in the city or town.

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      (b) Children placed by DCYF in a group home or other residential facility that does not

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include the delivery of educational services are to be educated by the community in which the

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group home or other residential facility is located, and those children shall be entitled to the same

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free appropriate public education provided to all other residents of the city or town where the

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child is placed. For purposes of payment and reimbursement for educational costs under this

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chapter, the term "group home or other residential facility" shall not include independent living

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programs. Each city and town that contains one or more group homes or other residential

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facilities that do not include delivery of educational services will receive funds as part of state aid

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to education in accordance with the following provisions:

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      (1) On December 31 of each year the DCYF shall provide the department of elementary

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and secondary education with a precise count of how many group home or other residential

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facility "beds" exist in each Rhode Island city or town, counting only those "beds" in facilities

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that do not include the delivery of educational services. The number of "beds" in each group

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home or other residential facility shall be equal to the maximum number of children that may be

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placed in that group home or other residential facility on any given night according to the

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applicable licensure standards of the DCYF.

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      (2) For the fiscal year beginning July 1, 2007, if the number of beds certified by the

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Department of Children, Youth and Families for a school district by December 31, 2007 is greater

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than the number certified March 14, 2007 upon which the education aid for FY 2008 was

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appropriated, the education aid for that district will be increased by the number of increased beds

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multiplied by fifteen thousand dollars ($15,000). Notwithstanding the provisions of this section or

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any law to the contrary, the education aid for all group home or other residential facility "beds"

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located or associated with the Children's Residential and Family Treatment (CRAFT) program

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located on the East Providence campus of Bradley Hospital shall be twenty-two thousand dollars

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($22,000) per bed. The Department of Elementary and Secondary Education shall include the

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additional aid in equal payments in March, April, May and June, and the Governor's budget

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recommendations pursuant to section 35-3-8 shall include the amounts required to provide the

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increased aid.

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      For all fiscal years beginning after June 30, 2008, education aid for each school district

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shall include fifteen thousand dollars ($15,000) for each bed certified by the Department of

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Children, Youth and Families by the preceding December 31. Notwithstanding the provisions of

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this section or any law to the contrary, the education aid for all group home or other residential

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facility "beds" located or associated with the Children's Residential and Family Treatment

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(CRAFT) program located on the East Providence campus of Bradley Hospital shall be twenty-

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two thousand dollars ($22,000) per bed. For all fiscal years beginning after June 30, 2008,

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whenever the number of beds certified by the Department of Children, Youth and Families for a

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school district by December 31 is greater than the number certified the prior December 31 upon

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which the education aid for that fiscal year was appropriated, the education aid for that district as

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enacted by the assembly during the prior legislative session for that fiscal year will be increased

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by the number of increased beds multiplied by the amount per bed authorized for that fiscal year.

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The Department of Elementary and Secondary Education shall include the additional aid in equal

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payments in March, April, May and June, and the Governor's budget recommendations pursuant

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to section 35-3-8 shall include the amounts required to provide the increased aid.

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      (3) [Deleted by P.L. 2007, ch. 73, art. 21, section 6.]

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      (4) [Deleted by P.L. 2007, ch. 73, art. 21, section 6.]

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      (5) [Deleted by P.L. 2007, ch. 73, art. 21, section 6.]

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      (c) Children placed by DCYF in a residential treatment program, group home, or other

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residential facility, whether or not located in the state of Rhode Island, which includes the

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delivery of educational services, provided by that facility (excluding facilities where students are

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taught on grounds for periods of time by teaching staff provided by the school district in which

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the facility is located), shall have the cost of their education paid for as provided for in subsection

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(d) of this section and section 16-64-1.2. The city or town determined to be responsible to DYCF

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for a per-pupil special education cost pursuant to section 16-64-1.2 shall pay its share of the cost

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of educational services to DCYF or to the facility providing educational services.

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     DCYF shall be considered the public agency and local educational agency for purposes

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of this section and shall be responsible for compliance with chapter 24 of this title and the federal

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and state special education laws and regulations including the federal individuals with disabilities

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education act and Rhode Island board of regents regulations governing the education of children

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with disabilities.

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      (d) Children placed by DCYF in group homes, child caring facilities, community

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residences, or other residential facilities shall have the entire cost of their education paid for by

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DCYF if:

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      (1) The facility is operated by the state of Rhode Island or the facility has a contract with

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DCYF to fund a pre-determined number of placements or part of the facility's program;

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      (2) The facility is state-licensed; and

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      (3) The facility operates an approved on-grounds educational program, whether or not

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the child attends the on-grounds program.

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     16-64-1.3. Educational responsibility for children in group homes and other

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residential placements. -- (a) The city or town in which a foster home, group home, or other

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residential facility that does not include the delivery of educational services is located shall be

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responsible for the free appropriate public education of any child residing in those placements,

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including all procedural safeguards, evaluation, and instruction in accordance with regulations

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under chapter 24 of this title, for any period during which a child is residing in the city or town.

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The city or town shall coordinate its efforts with any other city or town to which a child moves

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when exiting the city or town responsible under this subsection.

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      (b) The city or town responsible for payment under section 16-64-1.1(c) for payment of a

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city or town's per pupil special education cost to DCYF for a child placed in a residential facility,

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group home, or other residential facility that includes the delivery of educational services shall be

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responsible for the free, appropriate public education, including all procedural safeguards,

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evaluation and instruction in accordance with regulations under chapter 24 of this title.

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     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 - RESIDENCE OF CHILDREN FOR SCHOOL PURPOSES

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     This act would mandate that for educational purposes, children who are placed in

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residential care, that DCYF would be considered the public agency and local educational agency.

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It would clarifiy a present conflict between state and federal law.

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     This act would take effect upon passage.

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