2012 -- H 7655

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LC01537

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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 Naughton, Morrison, Silva, Hull, and Savage

     Date Introduced: February 16, 2012

     Referred To: House Health, Education & Welfare

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) In order to avoid unnecessarily limiting the options of a school committee or local

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educational agency for providing a free appropriate public education to any of its students with

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disabilities who may require placement in a non-public school, it shall not be an eligibility

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requirement for approval by the Rhode Island department of education, as a non-public special

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education program or school in which children with disabilities may be placed by their public

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school or to which they may be referred by their public school, that the non-public school’s

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teaching staff meet the Rhode Island department of education’s certification requirements for

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public school regular or special education teachers.

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     SECTION 2. This act shall take effect upon passage.

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LC01537

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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 exempt non-public schools from the department of education’s

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certification requirements as they relate to students with disabilities.

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     This act would take effect upon passage.

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LC01537

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