2025 -- H 5164

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LC000794

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2025

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A N   A C T

RELATING TO EDUCATION -- CHILDREN WITH DISABILITIES

     Introduced By: Representatives Carson, Shallcross Smith, McNamara, Cotter, Donovan,
Caldwell, Noret, Diaz, and Casimiro

     Date Introduced: January 24, 2025

     Referred To: House Education

     It is enacted by the General Assembly as follows:

     SECTION 1. Findings of fact.

     The General Assembly hereby finds and declares the following:

     (l) Rhode Island is committed to delivering high-quality services to support positive early

childhood development and learning of children with developmental delays and disabilities under

Part C and Part B, Section 619 of the federal Individuals with Disabilities Education Act ("IDEA"),

20 U.S.C. S 1400 et seq., from infancy to kindergarten entry.

     (2) Early identification and delivery of high-quality early childhood IDEA services to

children with developmental challenges, developmental delays, and disabilities can improve

educational outcomes, reduce long-term costs of special education, and maximize the long-term

potential of children succeeding in school and life.

     (3) Nationally, young children with disabilities and delays and their families face

challenges with accessing inclusive early childhood services individualized to their needs in all

settings, particularly young children of color.

     (4) Effective early childhood IDEA services can help children make substantial

developmental progress. Research has shown that about one-third of children who receive timely

Early Intervention services no longer had a developmental delay or special education need in

kindergarten.

     (5) The Rhode Island Early Intervention program established pursuant to § 23-13-23,

currently managed by the R.I. Executive Office of Health and Human Services, is the state's

comprehensive, coordinated, multidisciplinary, interagency system that provides early intervention

services for infants and toddlers with developmental delays and disabilities and their families, as

described and partially funded through Part C of the federal Individuals with Disabilities Education

Act.

     (6) In Rhode Island, after twenty (20) years without a Medicaid rate increase, Early

Intervention financing and staffing challenges became so severe that in November 2021 the state

established a waiting list for Early Intervention services. As of January 2025, even after two

Medicaid rate increases, the Early Intervention program was still not fully staffed and there were

283 infants and toddlers who had been waiting for an Early Intervention evaluation for more than

45 days.

     (7) The Rhode Island Department of Elementary and Secondary Education oversees the

state's early childhood special education services providing free, appropriate, public education to

all eligible children ages three (3) to five (5) with developmental delays and disabilities, partially

funded through a preschool formula grant under Part B, Section 619 of IDEA.

     (8) In Rhode Island in 2022-2023, school districts completed developmental screenings for

only thirty-six percent (36%) of children ages three (3) to kindergarten entry. More than one-third

(1/3) of children ages three (3) to kindergarten entry who were referred to a school district with

developmental concerns were not evaluated to determine eligibility for special education.

     (9) There is significant variation by school district in the percentage of children ages three

(3) to kindergarten entry who receive their early childhood special education services in a general

early childhood class. For example, ninety-five percent (95%) of children in East Greenwich

received their IEP services in an inclusive setting as of June 2023 compared to only thirty-eight

percent (38%) of children in the city of Providence.

     (10) In March 2023, school districts in Rhode Island, particularly Providence Public

Schools, began reporting significant staffing challenges that were causing delays and disruptions

in delivering early childhood IDEA services to children ages three (3) to kindergarten entry.

     SECTION 2. Chapter 16-24 of the General Laws entitled "Children With Disabilities [See

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

thereto the following section:

     16-24-20. Early childhood IDEA services task force established.

     (a) As used in this section, the term "IDEA" refers to the Individuals with Disabilities

Education Act, as amended, 20 U.S.C. §1400 et seq.

     (b) There shall be created an early childhood IDEA services task force (the "task force")

co-chaired by:

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     (1) The commissioner of elementary and secondary education, or designee;

     (2) The secretary of the executive office of health and human services (“EOHHS”), or

designee;

     (3) The president of the RI Chapter of the American Academy of Pediatrics, or designee;

     (4) The executive director of Parents Leading for Educational Equity, or designee; and

     (5) The executive director of Rhode Island Kids Count, or designee.

     (c) The task force shall have the following additional members:

     (1) Three (3) parents of children with developmental delays or disabilities ages birth to

kindergarten entry, one each to be appointed by the executive director of Parents Leading for

Educational Equity, the Rhode Island Parent Information Network, and the Autism Project;

     (2) The executive director of the Rhode Island Parent Information Network ("RIPIN"), or

designee;

     (3) The executive director of The Autism Project, or designee;

     (4) The executive director of the Rhode Island Developmental Disabilities Council, or

designee;

     (5) One superintendent of a Rhode Island school district providing IDEA services to

children ages three (3) to kindergarten entry, to be appointed by the Rhode Island School

Superintendents Association;

     (6) One early childhood special education coordinator of a Rhode Island school district

responsible for IDEA services for children ages three (3) to kindergarten entry, to be appointed by

the Association for Rhode Island Administrators of Special Education;

     (7) One leader of a certified early intervention program to be appointed by the Rhode Island

Association of Early Intervention Programs;

     (8) One Early Head Start or Head Start program leader to be appointed by the Rhode Island

Head Start Association; and

     (9) One leader of a licensed early care and education programs that serves children ages

birth to kindergarten entry with developmental delays or disabilities who receive a subsidy from

the RI child care assistance program, to be appointed by the co-chairs of the Rhode Island

permanent legislative commission on child care.

     (d) The task force shall be convened within thirty (30) days after the executive office of

human services has secured funding in the amount of two-hundred fifty thousand dollars

($250,000) to support the task force, and expert consultants have been hired to support the work of

the task force. Immediately upon obtaining sufficient funding, the EOHHS shall notify, in writing,

the governor, the speaker of the house, the president of the senate, and the chairperson of the

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children’s cabinet established pursuant to §42-72.5-1, that the required funding has been secured.

The task force shall be convened and staffed by the children's cabinet which shall also oversee the

experts selected to facilitate the development of a plan to improve the delivery of early childhood

IDEA services for children with developmental delays and disabilities from infancy through

kindergarten entry.

     (e) The task force shall meet for and over a period of eighteen (18) months which period

shall commence the day following the date the EOHHS provides the written notice that the required

funding has been secured, pursuant to subsection (d) of this section. The task force shall seek input

from the Rhode Island early learning council, the early intervention interagency coordinating

council established pursuant to § 23-13-23, and other stakeholders, to develop recommendations

which shall be finalized through consensus decision-making among members of the task force, or,

if consensus is not possible, through a majority vote among members of the task force with the

report specifying major areas of disagreement among task force members.

     (f) The task force shall submit an interim report within twelve (12) months after the initial

convening of the task force to the governor, speaker of the house, president of the senate, and the

chairs of the house and senate finance and education committees, that shall include

recommendations regarding immediate strategies to stabilize and improve young children's access

to early childhood IDEA services, including specific recommended strategies to address staffing

challenges that have been delaying and disrupting the provision of early childhood IDEA services.

     (g) The task force shall submit a final report within eighteen (18) months after the initial

convening to the governor, speaker of the house, president of the senate, and the chairs of the house

and senate finance and education committees, which shall include recommendations to stabilize

and improve young children's access to early childhood IDEA services in the state. The

recommendations shall address, but need not be limited to:

     (1) Suggested updates to Rhode Island general laws and regulations to promote the early

identification, evaluation, eligibility determination, and consistent delivery of high-quality IDEA

services to young children from birth through kindergarten entry, with attention to equitable access

for historically and currently marginalized populations;

     (2) Cost estimates and recommended funding and staffing strategies to ensure the timely

provision of high-quality early childhood IDEA services by qualified educators and professionals

in natural and inclusive settings with sufficient dosage and duration. The task force shall review a

variety of financing options including modifications to the state education funding formula,

categorical funding administered by the department of education, local funding, federal IDEA

funding, and billing through Medicaid and commercial insurance. Recommendations shall include

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methods to adjust funding annually to meet demand and to ensure program costs are covered

including competitive compensation to attract and retain qualified staff;

     (3) Removal of barriers and expanding access to education and training to increase the

number of qualified professionals and the diversity of the early childhood IDEA workforce,

including designing and funding an education pipeline to help bilingual people and people of color

earn degrees, credentials, and professional licenses needed to deliver high-quality early childhood

IDEA services;

     (4) An implementation plan and cost estimates to establish and maintain an ongoing

multilingual public awareness and outreach campaign to educate families with children from birth

through kindergarten entry about developmental delays and disabilities and how to access early

childhood IDEA services;

     (5) An implementation plan and cost estimates to establish and maintain a multilingual

family resource center for families with children from birth through kindergarten entry who need

help getting evaluations, starting, or maintaining access to early childhood IDEA services;

     (6) Strategies and action steps to ensure at least eighty percent (80%) of young children

from infancy to kindergarten entry receive developmental screenings and all referrals for children

who need follow-up IDEA eligibility evaluations are monitored;

     (7) Strategies to ensure children receive early childhood IDEA services in natural

environments and least restrictive environments including community-based early care and

education settings chosen by families for children from infancy to kindergarten entry, which may

or may not be located in the same municipality where families reside;

     (8) Strategies to maximize continuity and minimize disruption of IDEA services for

children from infancy through entry to kindergarten; and

     (9) Strategies to enable community-based early care and education programs to hire and

retain sufficient qualified staff to support the enrollment, attendance, and full inclusion of young

children with special health care needs, developmental delays, and disabilities.

     SECTION 3. The executive office of health and human services ("EOHHS"), is directed to

pursue federal funding opportunities to secure two hundred fifty thousand dollars ($250,000) for

the support of the early childhood IDEA services taskforce, established under chapter 24 of title 16

("Children with Disabilities"), to secure experts to facilitate the development of a plan to improve

the delivery of early childhood Individuals with Disabilities Education Act ("IDEA") services for

children with developmental delay and disabilities from infancy through kindergarten entry. This

work shall include gathering information through focus groups and interviews with families of

young children and frontline professionals working in early intervention and early childhood

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special education to understand the challenges that cause disruptions and delays in providing high-

quality early childhood IDEA services. EOHHS shall provide written updates to the governor, the

speaker of the house, and the senate president every six (6) months about the status of efforts to

secure federal funding and convene the task force, and shall also provide written notice to the same

persons immediately upon securing the federal funding. The task force shall be convened within

thirty (30) days after funding is secured and expert consultants have been hired to support the work

of the task force.

     SECTION 4. 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 -- CHILDREN WITH DISABILITIES

***

     This act would establish a public-private task force managed by the children’s cabinet to

develop recommendations with cost estimates that, when implemented, would improve access to

high-quality early intervention and early childhood special education services for children with

developmental delays and disabilities from birth up to kindergarten entry. This act would further

direct the Executive Office of Health and Human Services to seek $250,000 in federal funding to

support the work of the task force over an eighteen (18) month period.

     This act would take effect upon passage.

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