2024 -- S 2526

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LC005149

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2024

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A N   A C T

RELATING TO EDUCATION -- CHILDREN WITH DISABILITIES

     

     Introduced By: Senators DiMario, Lauria, and Valverde

     Date Introduced: March 01, 2024

     Referred To: Senate Education

     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 [See

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Title 16 Chapter 97 — The Rhode Island Board of Education Act]" is hereby amended by adding

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thereto the following section:

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     16-24-1.1. Parental consent required.

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     (a) Unless expressly preempted by federal law, local education agencies (LEAs) shall

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obtain written parental consent before conducting an initial evaluation or making an initial

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placement of a student in a special education program of services. Except when the parent is

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unresponsive as described in the exception provided in this section, written parental consent shall

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also be obtained before:

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     (1) Conducting a reevaluation;

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     (2) Placing a student in a special education placement subsequent to the initial placement

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in special education; and/or

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     (3) Making any changes to services in an existing special education program of services.

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     (b) A parent may revoke consent at any time for all special education and related services

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or for any service that is a component of an overall individualized education program (IEP). Except

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for initial evaluation and initial placement, consent may not be required as a condition of any

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continuing benefit to the student of existing services while disagreements about services are being

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resolved.

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     (c) In order that parental consent be properly fully informed, parents have the right, upon

 

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request, to observe any placement proposed for their child if the child is identified as eligible for

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special education services. An LEA may implement reasonable limitations on the timing, duration,

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and frequency of observation visits, but may only prohibit parents from visiting a placement with

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students present in limited special circumstances when such prohibition is necessary to protect:

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     (1) The safety of the children in the program during the observation;

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     (2) The integrity of the program during the observation; or

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     (3) Children in the program from disclosure by an observer of confidential, personally

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identifiable information obtained during the observation.

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     (d) When imposing any such prohibition, the LEA shall:

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     (1) Allow parents to visit the placement or setting without students present; and

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     (2) Issue a written notification to the parents explaining why it was necessary to prohibit

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observation with students present.

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     (e) For forty-five (45) day emergency placements in interim alternative educational settings

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under 34 CFR § 300.530(g), LEAs shall offer parents an opportunity to observe the placement

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within a reasonable time following the placement, subject to the same reasonable limitations as

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described for other observation visits in this section. In implementing regulations, the Rhode Island

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department of education (RIDE) may issue standards or guidance further detailing reasonable

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limitations or restrictions allowable hereunder.

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     (f) To further ensure informed parental consent, parents shall receive evaluation reports

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and other relevant written materials that will be considered at the IEP meeting, including proposed

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goals and objectives for the IEP if they have been drafted, at least three (3) calendar days prior to

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attending an IEP meeting at which those materials will be discussed. To address parental scheduling

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needs, parents can agree to the sharing of this material less than three (3) calendar days ahead of

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the IEP meeting. All materials provided shall comply with legal requirements for language

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accessibility.

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     (g) The LEA’s timeframe for conducting initial evaluations and convening a meeting (as

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described in 200-RICR-20-30-6.7.2(A)(1)(b)) and for conducting revaluations and convening a

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meeting (as described in 200-RICR-20-30-6.7.2(C)(1)(b)) shall be extended from the current sixty

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(60) calendar days to sixty-three (63) calendar days.

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     (h)(1) No later than ten (10) school days after receipt of any proposed IEP and/or proposed

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placement, the parents shall:

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     (i) Accept or reject the IEP, in whole or in part, in writing; or

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     (ii) Accept or reject the proposed placement in writing.

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     (2) If the IEP is rejected, in whole or in part, the parents may request a meeting to discuss

 

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the rejected portions of the IEP or the overall adequacy of the IEP.

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     (3) Upon receipt of the written parental response to the proposed IEP and/or proposed

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placement, the LEA shall implement all accepted elements of the IEP on the date specified in the

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proposed IEP, while existing services from the prior IEP will remain in place with respect to

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rejected elements of the proposed IEP.

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     (4) If the parents fail to respond within ten (10) school days after receipt of the proposed

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IEP and proposed placement, the LEA shall implement the proposed IEP and proposed placement

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on the date specified in the IEP.

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     (i) An LEA shall not use a parent’s refusal to consent to one service or activity or request

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of additional services, or activities to deny the child any other services or activities to which the

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parent has consented. An LEA shall not be considered to be in violation of the requirement to make

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free and appropriate public education available to the child merely because of the failure to provide

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the child with the special education and related services for which the parent refuses to provide

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consent.

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     (j) If, subsequent to initial evaluation and initial placement, the LEA is unable to obtain

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parental consent to a reevaluation or to placement in a special education program subsequent to the

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initial placement, or the parent revokes consent to such reevaluation or placement, the LEA shall

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consider whether such action will result in the denial of a free, appropriate public education to the

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student. If, after consideration, the LEA determines that the parent's failure or refusal to consent

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will result in a denial of a free, appropriate public education to the student, it may seek resolution

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of the dispute through mediation and/or a due process hearing. This subsection shall not apply if

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the parent has revoked consent to all special education and related services.

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     (k) When LEAs are required to notify parents of proposed reevaluation, placement

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subsequent to the initial placement in a special education program, or changes to an IEP, the LEA

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shall make and document at least three (3) efforts to contact the parent, utilizing at least two (2) of

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the following means: written notices sent by certified mail; electronic mail (email); telephone call,

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or, if appropriate, teletypewriter communications to the home; and home visits at such time as the

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parent is likely to be home. The LEA shall ensure that its efforts to notify the parent meet a

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reasonable measure standard, guided by analogous requirements articulated in federal law at 34

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CFR §§300.300(c)(2) and 300.322(d). If the above efforts are attempted and documented, and the

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district is unable to secure parental response to a proposed reevaluation, placement subsequent to

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the initial placement in a special education program, or change to an IEP, the LEA may move

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forward with its proposed reevaluation, change in placement, and/or change to the existing IEP.

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This provision to override the lack of parental response shall not apply if the parent has revoked

 

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consent to all special education and related services.

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     (l) No later than January 1, 2027, RIDE shall promulgate rules and regulations consistent

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with the provisions of this section, and shall additionally review and revise its special education

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regulations codified at 200-RICR-20-30-6, in conformance with chapter 35 of title 42

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(“administrative procedures”). In addition to the notice and comment requirements of chapter 35

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of title 42, the department’s development of revised regulations shall include a robust public

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engagement process accessible to parents, students, educators, related service providers, and school

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administrators, including presentations to forums such as the special education local advisory

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committees as described in § 16-24-19, the Rhode Island special education advisory council, school

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committee and/or school board meetings, the Rhode Island board of education, the Rhode Island

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council on elementary and secondary education, and/or other similar public forums.

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     SECTION 2. Section 16-24-1.1(l) shall take effect upon passage. The remainder of this act

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shall take effect on July 1, 2025.

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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 outline the requirements and process for local education agencies to get

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written parental consent before conducting an evaluation, reevaluation, making an initial placement

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or changes in placement or the individual education program of a student in a special education

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program of services.

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     Section 16-24-1.1(l) would take effect upon passage. The remainder of this act would take

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effect on July 1, 2025.

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