2013 -- H 6159

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LC02589

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STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2013

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A N A C T

RELATING TO STATE AFFAIRS AND GOVERNMENT - THE RHODE ISLAND

TRAINING SCHOOL FOR YOUTH COMPREHENSIVE EDUCATIONAL PROGRAMMING

ACT

     Introduced By: Representatives Dickinson, and McNamara

     Date Introduced: May 23, 2013

     Referred To: House Health, Education & Welfare

It is enacted by the General Assembly as follows:

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     SECTION 1. Chapter 42-72.6 of the General Laws entitled "The Rhode Island Training

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School for Youth Comprehensive Educational Programming Act" is hereby amended by adding

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thereto the following section:

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     42-72.6-4. Dual enrollment status and education of students in Rhode Island

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training school for youth. – (a) No school district shall un-enroll or remove a student from its

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roster when that student is ordered or directed to the Rhode Island Training School for Youth

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(RITSY). Such student shall remain enrolled in his or her municipal system of origin or

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“sending district” for purposes of this section. Said student shall also be deemed to be a student

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of the RITSY for purposes of the educational programming services provided there, so that the

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student shall be in a dual enrollment status in both their sending district and the educational

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programming at the RITSY.

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     (b) Students who do not hold high school diplomas and who are of high school age at the

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time of their incarceration, and who are not enrolled in a municipal or private education system,

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shall be deemed to be enrolled in the municipal school system of their last known residence. This

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provision shall also apply to students enrolled in alternative school systems, parochial school

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systems, or in home schooling.

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     (c) While in the education programs at the RITSY, the students shall take the same

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standardized tests and assessments administered in the student’s sending district. Provided, that

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this shall not prohibit or limit the ability of the teaching staff at the RITSY from administering

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additional testing and making modifications as said staff deems academically appropriate as part

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of the curriculum at the RITSY. The teaching staff at the RITSY shall retain academic freedom

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to modify the student’s program in the best interests of the child, to the same extent as the

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teaching staff in the student’s sending district.

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     (d) To the best extent possible through technological, on-line, video-conferencing, and

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other methods, the student at the RITSY shall participate in educational programs in his or

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sending district. This shall not prohibit the RITSY from modifying curriculum based upon the

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educational status or progress of the student in the RITSY curriculum. School districts are

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directed to work with the RITSY in establishing lines of communication and in facilitating such

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participation by the student.

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     (e) A student who completes all requirements for a high school diploma while enrolled in

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the education programs at the RITSY shall receive a diploma from the sending district.

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     (f) As to any student who is to be released from the RITSY prior to completing their

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educational requirements for a diploma, the principal or chief educational officer at the RITSY

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shall notify the principal of the appropriate school of the sending district of the impending release

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of the student and coordinate a plan for the student to transition from the RITSY back into the

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sending district school, at an academically appropriate grade level. Provided, if due to the

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movement of parents or guardians, or other circumstances, a student shall no longer be considered

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a resident of his or her original sending district, the principal or chief educational officer at the

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RITSY shall coordinate with the new appropriate district. School districts are directed to work

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with the RITSY in establishing such transition plans for students being released from the RITSY.

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     (g) The general assembly recognizes that the amount of notice available may vary

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depending upon the circumstances of the student’s release from the RITSY. To that end, the

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RITSY is directed to use its best efforts to provide as much notice as reasonably possible to the

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receiving district. The general assembly re-emphasizes that the goal is the return of the student to

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an academically appropriate educational setting upon release from the RITSY for those students

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who have not graduated as of their release.

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     (h) A sentencing authority shall consider school continuity when sentencing children to

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the RITSY and address school continuity as part of the authority’s deliberations. A sentencing

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authority or other court of competent jurisdiction may include within their adjudications specific

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orders or requirements regarding the student’s education and return to the sending district.

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     (i) A court of competent jurisdiction may order a variation from the provisions of this

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section, including, but not limited to, an order restraining and enjoining the student from

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returning to his or her sending district, provided that the court does so for good cause and states

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specific findings and reasons for making such order.

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     SECTION 2. This act shall take effect upon passage.

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LC02589

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EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N A C T

RELATING TO STATE AFFAIRS AND GOVERNMENT - THE RHODE ISLAND

TRAINING SCHOOL FOR YOUTH COMPREHENSIVE EDUCATIONAL PROGRAMMING

ACT

***

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     This act would require that students who are sentenced to the Rhode Island Training

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School for Youth (RITSY) remain enrolled in their last educational district. This act would also

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provide that such students are also deemed enrolled in the RITSY, thus setting up a dual

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enrollment program. The act would further direct the RITSY and the sending district to work on

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the transition of students from the RITSY back to their sending district, upon the student’s release

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from the RITSY.

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     This act would take effect upon passage.

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LC02589

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