2014 -- H 7441

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LC003646

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2014

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A N   A C T

RELATING TO EDUCATION - RESIDENCE OF CHILDREN FOR SCHOOL PURPOSES

     Introduced By: Representatives Naughton, Slater, Blazejewski, Silva, and Cimini

     Date Introduced: February 12, 2014

     Referred To: House Health, Education & Welfare

     It is enacted by the General Assembly as follows:

     SECTION 1. Sections 16-64-1, 16-64-1.1, 16-64-2, 16-64-5 and 16-64-8 of the General

Laws in Chapter 16-64 entitled "Residence of Children for School Purposes" are hereby amended

to read as follows:

     16-64-1. Residency of children for school purposes. -- Except as provided by law or by

agreement, a child shall be enrolled in the school system of the city or town where he or she

resides. A child shall be deemed to be a resident of the city or town where his or her parents

reside. If the child's parents reside in different cities or towns the child shall be deemed to be a

resident of the city or town in which the parent having actual custody of the child resides. In cases

where a child has no living parents, has been abandoned by his or her parents, or when parents are

unable to care for their child on account of parental illness or family break-up, the child shall be

deemed to be a resident of the city or town where the child lives with his or her legal guardian,

natural guardian, or other person acting in loco parentis to the child. An emancipated minor shall

be deemed to be a resident of the city or town where he or she lives. Children placed in group

homes, in foster care, in child caring facilities, or by a Rhode Island state agency or a Rhode

Island licensed child placing agency shall be deemed to be residents of the city or town where the

group home, child caring facility, or foster home is located for the purposes of enrollment, and

this but will have the right to continue to attend school in a district where they have previously

resided in order to maintain educational stability as provided for in § 16-64-5. A city or town

providing education to a student in state care shall be reimbursed or the child's education shall be

paid for in accordance with section 16-64-1.1. In all other cases a child's residence shall be

determined in accordance with the applicable rules of the common law. Where a child is a

resident in a dwelling which lies in more than one municipality, the parent(s) or guardian shall

choose which school district the child shall attend without payment of costs as tuition.

     16-64-1.1. Payment and reimbursement for educational costs of children placed in

foster care, group homes, or other residential facility by a Rhode Island state agency. -- (a)

Children placed in foster care by a Rhode Island licensed child placing agency or a Rhode Island

governmental agency shall be entitled to the same free appropriate public education provided to

all other residents of the city or town where the child is placed or in a district where they have

previously resided as provided for by § 16-64-5. The city or town shall pay the cost of the

education of the child during the time the child is in foster care in the city or town.

      (b) Children placed by DCYF in a group home or other residential facility that does not

include the delivery of educational services are to be educated by the community in which the

group home or other residential facility is located, or in a district where they have previously

resided as provided for by § 16-64-5, and those children shall be entitled to the same free

appropriate public education provided to all other residents of the city or town where the child is

placed. For purposes of payment and reimbursement for educational costs under this chapter, the

term "group home or other residential facility" shall not include independent living programs.

Each city and town that contains one or more group homes or other residential facilities that do

not include delivery of educational services will receive funds as part of state aid to education in

accordance with the following provisions:

      (1) On December 31 of each year the DCYF shall provide the department of elementary

and secondary education with a precise count of how many group home or other residential

facility "beds" exist in each Rhode Island city or town, counting only those "beds" in facilities

that do not include the delivery of educational services. The number of "beds" in each group

home or other residential facility shall be equal to the maximum number of children that may be

placed in that group home or other residential facility on any given night according to the

applicable licensure standards of the DCYF.

      (2) For the fiscal year beginning July 1, 2007, if the number of beds certified by the

Department of Children, Youth and Families for a school district by December 31, 2007 is greater

than the number certified March 14, 2007 upon which the education aid for FY 2008 was

appropriated, the education aid for that district will be increased by the number of increased beds

multiplied by fifteen thousand dollars ($15,000). Notwithstanding the provisions of this section or

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

located on the East Providence campus of Bradley Hospital shall be twenty-two thousand dollars

($22,000) per bed. The Department of Elementary and Secondary Education shall include the

additional aid in equal payments in March, April, May and June, and the Governor's budget

recommendations pursuant to section 35-3-8 shall include the amounts required to provide the

increased aid.

      For all fiscal years beginning after June 30, 2008, education aid for each school district

shall include fifteen thousand dollars ($15,000) for each bed certified by the Department of

Children, Youth and Families by the preceding December 31. Notwithstanding the provisions of

this section or any law to the contrary, the education aid for all group home or other residential

facility "beds" located or associated with the Children's Residential and Family Treatment

(CRAFT) program located on the East Providence campus of Bradley Hospital shall be twenty-

two thousand dollars ($22,000) per bed. For all fiscal years beginning after June 30, 2008,

whenever the number of beds certified by the Department of Children, Youth and Families for a

school district by December 31 is greater than the number certified the prior December 31 upon

which the education aid for that fiscal year was appropriated, the education aid for that district as

enacted by the assembly during the prior legislative session for that fiscal year will be increased

by the number of increased beds multiplied by the amount per bed authorized for that fiscal year.

The Department of Elementary and Secondary Education shall include the additional aid in equal

payments in March, April, May and June, and the Governor's budget recommendations pursuant

to section 35-3-8 shall include the amounts required to provide the increased aid.

      (3) [Deleted by P.L. 2007, ch. 73, art. 21, section 6.]

      (4) [Deleted by P.L. 2007, ch. 73, art. 21, section 6.]

      (5) [Deleted by P.L. 2007, ch. 73, art. 21, section 6.]

      (c) Children placed by DCYF in a residential treatment program, group home, or other

residential facility, whether or not located in the state of Rhode Island, which includes the

delivery of educational services, provided by that facility (excluding facilities where students are

taught on grounds for periods of time by teaching staff provided by the school district in which

the facility is located), shall have the cost of their education paid for as provided for in subsection

(d) of this section and section 16-64-1.2. The city or town determined to be responsible to DYCF

for a per-pupil special education cost pursuant to section 16-64-1.2 shall pay its share of the cost

of educational services to DCYF or to the facility providing educational services.

      (d) Children placed by DCYF in group homes, child caring facilities, community

residences, or other residential facilities shall have the entire cost of their education paid for by

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DCYF if:

      (1) The facility is operated by the state of Rhode Island or the facility has a contract with

DCYF to fund a pre-determined number of placements or part of the facility's program;

      (2) The facility is state-licensed; and

      (3) The facility operates an approved on-grounds educational program, whether or not

the child attends the on-grounds program.

     16-64-2. Retention of residence. -- A child shall be eligible to receive education from

the city or town in which the child's residence has been established until his or her residence has

been established in another city or town and that city or town has enrolled the child within its

school system, unless the commissioner of elementary and secondary education, pursuant to

section 16-64-6, has ordered otherwise. or, in the case of a child in foster care, until they have

achieved permanency, if maintaining educational stability is determined by the family court to be

in the child’s best interest. Nothing contained in this section shall be construed to prohibit a city

or town in its own discretion from enrolling a child within its school system before a child has

established technical residency within the city or town. The commissioner of elementary and

secondary education shall promulgate any rules that may be needed to implement the educational

provisions of the Stewart B. McKinney Homeless Assistance Act (P.L. 105-220), 42 U.S.C.

section 11431 et seq., and of the Fostering Connections to Success and Increasing Adoptions Act

of 2008 (Pub. L. 110-351), 42 U.S.C. 1305 et seq.

     16-64-5. Children under care and control of state agency. -- Children under care

and control of state agency – Right to a stable education. -- In cases where the director of a

Rhode Island state agency considers it likely that a child under his or her care and control will be

subject to a short term placement or series of short term placements, the director may petition the

commissioner of elementary and secondary education to designate the child's original city or

town of residence as having continuing responsibility for the child's education. This designation

shall be effective for period not greater than two (2) months unless an extension is granted by the

commissioner. Nothing contained in this section shall be construed to prohibit any school system

from providing transportation for the child without charge. Disputes under this section including

disputes relating to transportation shall be resolved in accordance with section 16-64-6.

     (a) Rhode Island licensed child placing agencies and Rhode Island governmental

agencies shall promote the educational stability of children in foster care by considering the

child's school attendance area when making placement decisions. The foster care pupil shall have

the right to remain enrolled in and attend school in a district where they have previously resided,

if such placement is deemed by the family court in the pupil’s best interest for so long as the child

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remains in the care of the state, notwithstanding the provisions of § 16-64-8.

     (b) School districts shall ensure that if a pupil in foster care is absent from school due to a

decision to change the placement of a pupil made by the family court or child placing agency, or

due to a verified court appearance or related court-ordered activity, the grades and credits of the

pupil shall be calculated as of the date the pupil left school, and no lowering of his or her grades

shall occur as a result of the absence of the pupil under these circumstances.

     (c) Notwithstanding any state or federal law to the contrary, school districts shall be

authorized to permit access of pupil school records to any child placing agency for the purpose of

fulfilling educational case management responsibilities and assisting with the school or placement

of a pupil.

     16-64-8. Completion of semester of school year. -- When a student changes his or her

residence during the course of a semester the student shall be allowed to complete the semester in

his or her original city or town of residence. If the student is a senior or about to enter his or her

senior year the student shall be allowed to complete his or her senior year in his or her original

city or town of residence. No school district shall be required to provide transportation to a

student exercising the option permitted by this section. No school district shall require a student

to exercise the option allowed in this section. No school district shall be required to pay tuition

for a student who exercises the option allowed in this section. Nothing in this section shall be

construed to diminish the rights of any person covered by the McKinney Homeless Assistance

Act (P.L. 105-220), 42 U.S.C. section 11431 et seq., or any person covered by the provisions of

Fostering Connections to Success and Increasing Adoptions Act of 2008 (Pub. L. 110-351), 42

U.S.C. 1305 et seq.

     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 - RESIDENCE OF CHILDREN FOR SCHOOL PURPOSES

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     This act would provide that Rhode Island licensed child placing agencies and Rhode

Island governmental agencies would promote the educational stability of children in foster care

by considering the child’s school attendance area when making placement decisions. More

specifically, the act would provide that a student who is in foster care would have the right to

remain enrolled in and attend school in a district where the student previously resided, if such

placement were deemed by the family court to be in the pupil’s best interest.

     This act would take effect upon passage.

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