2012 -- H 7829

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LC01581

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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 -- CHILDREN WITH DISABILITIES

     Introduced By: Representatives MacBeth, Tomasso, Jacquard, McLaughlin, and Menard

     Date Introduced: February 28, 2012

     Referred To: House Health, Education & Welfare

It is enacted by the General Assembly as follows:

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     SECTION 1. Chapter 16-1 of the General Laws entitled "State Department of Elementary

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and Secondary Education" is hereby amended by adding thereto the following section:

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     16-1-16. Transfer of due process hearings to the department of health. – (a)

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Notwithstanding any statute, law, rule or regulation to the contrary, the process of resolving

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disputes relating to the identification, evaluation or educational placement of children with

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disabilities and providing a free and appropriate education, as defined in section 16-24-1, known

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as “due process” hearings, shall be transferred to the department of health.

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     (b) The director of the department of health shall implement regulations relating to all

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hearing procedures and appeals, including, but not limited to, appointment of qualified hearing

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officers, in strict accordance with state and federal law.

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     (c) All costs associated with the conduct of hearings pursuant to this section shall be

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borne by the department of elementary and secondary education.

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     SECTION 2. Section 23-1-17 of the General Laws in Chapter 23-1 entitled "Department

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of Health" is hereby amended to read as follows:

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     23-1-17. Additional general powers. -- (a) In addition to the other powers given to the

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director of health or the department of health by other provisions of the general laws, and in order

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to permit the director to properly perform the duties given to him or her by the general assembly,

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and to enforce the rules and regulations the director is authorized to promulgate and adopt, the

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director is further authorized to promulgate and adopt rules and regulations for the establishment

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of information collection, minimum sanitary requirements, and other duties given to the director

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by section 23-1-1 or by any other provision of law, and to enforce those rules and regulations; and

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the director is further authorized to promulgate and adopt rules and regulations relating to the

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conduct of due process hearings relating to providing children with disabilities a free and

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appropriate education, and other duties given to the director by section 16-1-16, or by any other

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provisions of law, and to enforce those rules and regulations. The director is further authorized to

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issue licenses or permits, and to revoke, suspend, or annul them, to aid in the enforcement of

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those rules and regulations.

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      (b) In the event of a public health emergency, the director is authorized to grant a

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temporary Rhode Island health care provider license for a period not to exceed ninety (90) days

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and limited to those health care providers who hold an active valid license in another state. The

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director is authorized to promulgate and adopt rules and regulations to establish a process for this

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temporary emergency license.

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     SECTION 3. This act shall take effect upon passage.

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LC01581

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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 transfer “due process” hearings relating to the education of children with

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disabilities from the department of elementary and secondary education to the department of

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health.

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     This act would take effect upon passage.

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LC01581

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