2013 -- S 0125 SUBSTITUTE A

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LC00494/SUB A

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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 EDUCATION -- CHILDREN WITH DISABILITIES

     Introduced By: Senators DaPonte, and Conley

     Date Introduced: January 24, 2013

     Referred To: Senate Finance

It is enacted by the General Assembly as follows:

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     SECTION 1. Section 16-24-1 of the General Laws in Chapter 16-24 entitled "Children

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with Disabilities" is hereby amended to read as follows:

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     16-24-1. Duty of school committee to provide special education. -- (a) In any city or

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town where there is a child with a disability within the age range as designated by the regulations

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of the state board of regents for elementary and secondary education, who is functionally limited

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to such an extent that normal educational growth and development is prevented, the school

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committee of the city or town where the child resides shall provide the type of special education

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that will best satisfy the needs of the child with a disability, as recommended and approved by the

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state board of regents for elementary and secondary education in accordance with its regulations

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governing the education of children with disabilities.

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      (b) Notwithstanding any other federal or state law or regulation, the school committee

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where a parentally placed child who has or develops a disability in private school resides, shall

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provide the child with the same free and appropriate education as it provides to children in public

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schools. These children shall have the same rights and remedies in the regulations of the board of

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regents for elementary and secondary education governing the education of children with

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disabilities as children in public school relative to initially determining eligibility, implementation

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and/or any other rights and remedies relative to any special education services the child may be

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eligible or receive from the public school district.

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      (c) For the purpose of this statute, a parentally placed child who has or develops a

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disability in private school is defined as a child enrolled or placed in a private school by the

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unilateral decision of his or her parents and without consolation of the public school district, who

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either has, or at some point while at the private school is diagnosed with a learning disability.

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Parents who unilaterally enroll their child in a private school are required to pay the tuition costs

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related to the child's education that are unrelated to the child's disability, and the public school

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district where the child resides is responsible for payment of the services related to the child's

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disability as developed and determined in the child's individual education plan.

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      (d) For the purpose of this statute, a free and appropriate education is defined as special

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education services and related services that:

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      (i) Are provided at public expense, under public supervision and direction, and without

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charge;

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      (ii) Meet all of the standards and requirements of the state of Rhode Island department of

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education and requirements of the regulations of the board of regents for elementary and

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secondary education governing the education of children with disabilities, which shall include

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initial evaluation and determination procedures;

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      (iii) Include preschool, elementary school or secondary school education in the state; and

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      (iv) Are provided in conformity with an individualized education program that meets the

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requirements of the regulations of the board of regents for elementary and secondary education

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governing the education of children with disabilities.

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      (e) In those cases that an individual education plan has been adopted for a child and the

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child moves to another town or city, the plan shall remain in effect until a new plan is adopted for

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the child in the new town or city.

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     (f) Provided, that as to any child attending the East Providence campus of Bradley

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Hospital who is not a resident of East Providence, the child’s sending district or district where

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the child resides shall be responsible to reimburse the school department of the city of East

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Providence for any balance due monies paid to Bradley Hospital for said child after application of

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any state aid. If such direct payment would otherwise violate the state school funding formula

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and/or federal law, then the sending district shall be responsible to reimburse the school

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department of the city of East Providence for payments made by the city of East Providence for

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said child.

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     SECTION 2. Sections 16-64-1 and 16-64-1.1 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. Residency of children for school purposes. -- Except as provided by law or by

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agreement, a child shall be enrolled in the school system of the city or town where he or she

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resides. A child shall be deemed to be a resident of the city or town where his or her parents

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reside. If the child's parents reside in different cities or towns the child shall be deemed to be a

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resident of the city or town in which the parent having actual custody of the child resides. In cases

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where a child has no living parents, has been abandoned by his or her parents, or when parents are

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unable to care for their child on account of parental illness or family break-up, the child shall be

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deemed to be a resident of the city or town where the child lives with his or her legal guardian,

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natural guardian, or other person acting in loco parentis to the child. An emancipated minor shall

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be deemed to be a resident of the city or town where he or she lives. Children placed in group

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homes, in foster care, in child caring facilities, or by a Rhode Island state agency or a Rhode

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Island licensed child placing agency shall be deemed to be residents of the city or town where the

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group home, child caring facility, or foster home is located for the purposes of enrollment, and

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this city or town shall be reimbursed or the child's education shall be paid for in accordance with

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section 16-64-1.1, except that in the case of a child at the East Providence campus of Bradley

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Hospital, the child shall not be considered to be a resident of the city of East Providence unless

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the child otherwise qualifies as a resident of said city aside from his or her attendance at Bradley

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Hospital. In all other cases a child's residence shall be determined in accordance with the

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applicable rules of the common law. Where a child is a resident in a dwelling which lies in more

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than one municipality, the parent(s) or guardian shall choose which school district the child shall

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attend without payment of costs as tuition.

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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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     (i) Provided, that as to any child attending the East Providence campus of Bradley

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Hospital who is not a resident of East Providence, the child’s sending district or district where

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the child resides shall be responsible to reimburse the school department of the city of East

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Providence for any balance due monies paid to Bradley Hospital for said child after application of

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any state aid. If such direct payment would otherwise violate the state school funding formula

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and/or federal law, then the sending district shall be responsible to reimburse the school

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department of the city of East Providence for payments made by the city of East Providence for

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said child.

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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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     (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 the

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child attends the on-grounds program.

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     SECTION 3. This act shall take effect upon passage.

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LC00494/SUB A

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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 any child attending the East Providence campus of

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Bradley Hospital, the child’s residence district and/or sending district would be responsible for

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payments to Bradley Hospital.

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     This act would take effect upon passage.

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LC00494/SUB A

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