2012 -- S 2461

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LC00801

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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 - STATE REIMBURSEMENT

     Introduced By: Senators Lombardo, Picard, Cote, Maher, and Pinga

     Date Introduced: February 16, 2012

     Referred To: Senate Finance

It is enacted by the General Assembly as follows:

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     SECTION 1. Sections 16-64-1.1, 16-64-1.2 and 16-64-1.3 of the General Laws in

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Chapter 16-64 entitled "Residence of Children for School Purposes" are hereby amended to read

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as follows:

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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 state shall pay

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the cost 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 from the state,

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through the DCYF, for the entire cost of educating any children placed by DCYF in a group home

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or other residential facility as provided for herein, as part of state aid to education in accordance

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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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     Provided, for all fiscal years beginning after July 1, 2012, the state, through the DCYF,

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shall pay for the entire cost of the education of the children using these beds, based upon the

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number of certified beds determined pursuant to this section.

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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 entire cost of their education paid for by the state, through

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DCYF. as provided for in subsection (d) of this section and section 16-64-1.2. The city or town

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determined to be responsible to DYCF for a per-pupil special education cost pursuant to section

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16-64-1.2 shall pay its share of the cost of educational services to DCYF or to the facility

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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

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the child attends the on-grounds program.

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     (e) For all school years commencing on or after July 1, 2012, state funds shall be tracked

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by the department of education and paid based upon the actual number of students who are being

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educated in the city or town. If a student moves or is placed in another facility by the DCYF

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during the school year which results in the student attending a public school in another city or

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town, the moneys paid to the city or town for education of said child shall be prorated and

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disbursed in proportions to the number of days during the year that the student is being educated

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by the city or town. If the student is moved but remains in a private setting, the payments shall

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continue accordingly. It is the intention of the general assembly that the state moneys paid for

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education shall follow the residence of the child and be utilized for the education of such child, to

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the greatest extent reasonably possible, and that the state shall realize cost-savings by tracking the

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actual number of days a student attends a particular school district and makes payments based

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thereon.

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     16-64-1.2. Designation of residency of children in state care for purposes of financial

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responsibility under section 16-64-1.1(c) -- Effect of designation of residence. -- (a) An initial

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factual determination and designation of the residence of the parent(s) of a child placed in the

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care and custody of the state shall be made by the family court in accordance with section 33-

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15.1-2. The director of the department of children, youth, and families shall incorporate any

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designation of parent's residence on the child's intra-state education identification card and update

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the designation pursuant to section 42-72.4-1(b).

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      (b) If no factual determination and designation of the residence of the parent(s) of a child

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placed in the care and custody of the state is made by the family court pursuant to section 16-64-

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1.2(a), then the department of elementary and secondary education shall designate the city or

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town to be responsible for the per-pupil special education cost of education to be paid to DCYF

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or to the facility providing educational services for children in state care pursuant to section 16-

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64-1.1(c).

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      (c) The department of elementary and secondary education shall designate the city or

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town to be responsible for the per-pupil special education cost of education to be paid to DCYF

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for children in state care who have neither a father, mother, nor guardian living in the state or

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whose residence can be determined in the state or who have been surrendered for adoption or who

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have been freed for adoption by a court of competent jurisdiction using the following criteria: (1)

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last known Rhode Island residence of the child's father, mother, or guardian prior to moving from

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the state, dying, surrendering the child for adoption or having parental rights terminated; (2) when

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the child's parents are separated or divorced and neither parent resides in the state, the last known

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residence of the last parent known to have lived in the state. This designation by the department

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of elementary and secondary education shall be incorporated on the child's intra-state education

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identification card.

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      (d) The designation of a city or town pursuant to subsection (a), (b), or (c) of this section

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shall constitute prima facie evidence of parents' residence in the city or town and/or the city or

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town's financial responsibility for the child's education as provided in section 16-64-1.1. Pending

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any final decision under section 16-64-6 that a different city, town or agency bears any financial

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responsibility, the commissioner shall be authorized to order the general treasurer to deduct the

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amount owed from the designated community's school aid and to pay this amount to DCYF.

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     16-64-1.3. Educational responsibility for children in group homes and other

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residential placements. -- (a) The city or town in which a foster home, group home, or other

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residential facility that does not include the delivery of educational services is located shall be

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responsible for the free appropriate public education of any child residing in those placements,

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including all procedural safeguards, evaluation, and instruction in accordance with regulations

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under chapter 24 of this title, for any period during which a child is residing in the city or town.

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The city or town shall coordinate its efforts with any other city or town to which a child moves

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when exiting the city or town responsible under this subsection. For any school year

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commencing on or after July 1, 2012, the state, through the DCYF, shall pay the entire cost of the

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education of all said children.

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      (b) The city or town responsible for payment under section 16-64-1.1(c) for payment of a

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city or town's per pupil special education cost to DCYF for a child placed in a residential facility,

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group home, or other residential facility that includes the delivery of educational services shall be

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responsible for the free, appropriate public education, including all procedural safeguards,

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evaluation and instruction in accordance with regulations under chapter 24 of this title.

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     SECTION 2. This act shall take effect on July 1, 2012.

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LC00801

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EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N A C T

RELATING TO EDUCATION - STATE REIMBURSEMENT

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     This act would provide that the state, acting through the DCYF, would pay for the costs

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of educating children placed in group homes or certain other facilities by the DCYF.

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     This act would take effect on July 1, 2012.

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LC00801

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