2013 -- S 0125 | |
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LC00494 | |
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STATE OF RHODE ISLAND | |
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IN GENERAL ASSEMBLY | |
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JANUARY SESSION, A.D. 2013 | |
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A N A C T | |
RELATING TO EDUCATION -- CHILDREN WITH DISABILITIES | |
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Introduced By: Senators DaPonte, and Conley | |
Date Introduced: January 24, 2013 | |
Referred To: Senate Finance | |
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) Provided, that as to any child attending the East Providence campus of Bradley |
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Hospital who is not a resident of East Providence, the child’s sending district or district where |
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the child resides shall be responsible for payment to Bradley Hospital directly, for the amount due |
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to Bradley Hospital after application of any state aid. If such direct payment would otherwise |
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violate the state school funding formula and/or federal law, then the sending district shall be |
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responsible to reimburse the city of East Providence for payments made by the city of East |
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Providence for said child. |
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SECTION 2. Sections 16-64-1 and 16-64-1.1 of the General Laws in Chapter 16-64 |
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entitled "Residence of Children for School Purposes" are hereby amended to read as follows: |
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16-64-1. Residency of children for school purposes. -- Except as provided by law or by |
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agreement, a child shall be enrolled in the school system of the city or town where he or she |
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resides. A child shall be deemed to be a resident of the city or town where his or her parents |
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reside. If the child's parents reside in different cities or towns the child shall be deemed to be a |
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resident of the city or town in which the parent having actual custody of the child resides. In cases |
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where a child has no living parents, has been abandoned by his or her parents, or when parents are |
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unable to care for their child on account of parental illness or family break-up, the child shall be |
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deemed to be a resident of the city or town where the child lives with his or her legal guardian, |
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natural guardian, or other person acting in loco parentis to the child. An emancipated minor shall |
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be deemed to be a resident of the city or town where he or she lives. Children placed in group |
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homes, in foster care, in child caring facilities, or by a Rhode Island state agency or a Rhode |
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Island licensed child placing agency shall be deemed to be residents of the city or town where the |
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group home, child caring facility, or foster home is located for the purposes of enrollment, and |
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this city or town shall be reimbursed or the child's education shall be paid for in accordance with |
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section 16-64-1.1, except that in the case of a child at the East Providence campus of Bradley |
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Hospital, the child shall not be considered to be a resident of the city of East Providence unless |
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the child otherwise qualifies as a resident of said city aside from his or her attendance at Bradley |
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Hospital. In all other cases a child's residence shall be determined in accordance with the |
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applicable rules of the common law. Where a child is a resident in a dwelling which lies in more |
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than one municipality, the parent(s) or guardian shall choose which school district the child shall |
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attend without payment of costs as tuition. |
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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 shall pay the cost |
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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 as part of state aid |
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to education in accordance 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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(i) As to any child attending the East Providence campus of Bradley Hospital who is not a |
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resident of East Providence, the child’s sending district or district where the child resides shall be |
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responsible for payment to Bradley Hospital directly, for the amount due to Bradley Hospital |
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after application of any state aid. If such payment would otherwise violate the state school |
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funding formula and/or federal law, then the sending district shall be responsible to reimburse the |
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city of East Providence for payments made by the city of East Providence for said child. |
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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 cost of their education paid for as provided for in subsection |
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(d) of this section and section 16-64-1.2. The city or town determined to be responsible to DYCF |
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for a per-pupil special education cost pursuant to section 16-64-1.2 shall pay its share of the cost |
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of educational services to DCYF or to the facility 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 the |
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child attends the on-grounds program. |
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SECTION 3. This act shall take effect upon passage. |
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LC00494 | |
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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 provide that for any child attending the East Providence campus of |
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Bradley Hospital, the child’s residence district and/or sending district would be responsible for |
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payments to Bradley Hospital. |
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This act would take effect upon passage. |
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LC00494 | |
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