2012 -- H 7739

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LC01731

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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 McNamara, Handy, Bennett, 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 16-24-18 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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     16-24-18. Transition from school to self-sufficient adulthood for students with

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disabilities. -- (a) There is established within the department of elementary and secondary

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education an interagency transition council (the "transition council") composed of:

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      (1) The administrators or their designees of the following:

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      (i) Department of human services -- office of rehabilitation services;

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      (ii) Department of mental health, retardation behavioral healthcare, developmental

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disabilities and hospitals -- division of developmental disabilities;

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      (iii) Department of mental health, retardation behavioral healthcare, developmental

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disabilities and hospitals -- division of mental health behavioral healthcare;

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      (iv) Department of children, youth, and families -- mental health services division of

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children’s behavioral healthcare and education;

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      (v) Department of elementary and secondary education -- special education office of

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student, community and academic supports;

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      (vi) Department of elementary and secondary education -- vocational office of adult and

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career and technical education;

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      (vii) Department of labor and training -- human resource investment council;

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      (viii) Department of health -- division of community, family health, and equity; and

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      (2) Commissioner of higher education or his or her designee; and

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      (3) Two (2) young persons with disabilities, two (2) parents of young persons with

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disabilities, and two (2) representatives of local school districts and one transition coordinator

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from one of the regional educational collaboratives, appointed by the governor commissioner of

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elementary and secondary education.

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     (4) One representative of community-based providers of services to adults with

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developmental disabilities and one representative of community-based providers of adult

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behavioral healthcare services, appointed by the director of the department of behavioral

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healthcare, developmental disabilities and hospitals.

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      (b) The goal of the transition council is to ensure the preparedness of students with

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disabilities, upon leaving school, to live and work in the community.

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      (c) The transition council shall draft and propose periodic revisions to the cooperative

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agreement among the state departments and offices for the provisions of services in the transition

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of young persons with disabilities from school to self-sufficient adult life. The directors of the

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state departments and agencies shall sign the cooperative agreement and any revisions, prior to

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their implementation. The transition council shall oversee the implementation of the cooperative

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agreement. The council shall issue guidelines or instructions and recommend to the state

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departments and agencies appropriate directives necessary to effectuate the implementation of the

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cooperative agreement. The transition council shall develop joint plans for state departments and

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agencies and local school districts for providing transition services to assist young persons with

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disabilities. The transition council shall, after hearing from the public, issue an annual report to

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the governor, children's cabinet, and general assembly on the status of transition services and

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recommendations for improving opportunities for young persons with disabilities to make a

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successful transition from school to self-sufficient adult life.

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      (d) Individualized transition planning will be initiated by the school district to include

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the young person with a disability, guardian, general education and special education personnel as

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appropriate, vocation career and technical education, and representatives of any party to the

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delivery and implementation of the individual plan. Transition planning will begin by age sixteen

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(16) and, when fourteen (14) or younger if determined appropriate in the individualized education

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program, at age fourteen (14) or younger for each eligible young person with a disability and

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shall be reviewed and updated annually.

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      (e) As used in this section:

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      (1) "Transition services" means a coordinated set of activities for a young person with a

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disability, designed within an outcome oriented process, that promotes movement from school to

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post-school activities including postsecondary education, vocational training, integrated

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employment (including supported employment), continuing and adult education, adult services,

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independent living, or community participation. The activities shall be based on the needs of the

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individual young person with a disability, taking into account the young person with a disability's

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preferences and interests; and shall include needed activities in the areas of:

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      (i) Instruction:

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      (ii) Community experiences;

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      (iii) The development of employment and other post-school adult living objectives; and

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      (iv) If appropriate, acquisition of daily living skills and functional vocational evaluation.

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      (2) "Young person(s) with a disability" means those students:

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      (i) Evaluated in accordance with the Individuals with Disabilities Education Act, 20

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U.S.C. section 1400 et seq., as having mental retardation, hearing impairments including

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deafness, speech or language impairments, visual impairments including blindness, serious

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emotional disturbance, orthopedic impairments, autism, traumatic brain injury, other health

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impairments, specific learning disabilities, deaf-blindness, or multiple disabilities; or

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      (ii) Who because of those impairments needs special education and related services, and

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      (iii) Age sixteen (16) and, when fourteen (14) or younger if determined appropriate in

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the individualized education program, at age fourteen (14) or younger.

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     SECTION 2. 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

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     This act would add a representative of community-based providers of services to adults

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with disabilities and a representative of community-based providers of adult behavioral

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healthcare to the interagency transition council within the department of elementary and

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secondary education. This act would also lower from sixteen (16) to fourteen (14) the age for

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transition planning to be initiated. This act would also make certain technical amendments to

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department and division titles.

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     This act would take effect upon passage.

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LC01731

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