2016 -- H 7747

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2016

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A N   A C T

RELATING TO EDUCATION - RESIDENCE OF CHILDREN FOR SCHOOL PURPOSES

     Introduced By: Representative Kathleen A. Fogarty

     Date Introduced: February 25, 2016

     Referred To: House Finance

     It is enacted by the General Assembly as follows:

     SECTION 1. Section 16-64-1.1 of the General Laws in Chapter 16-64 entitled

"Residence of Children for School Purposes" is hereby amended to read as follows:

     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. 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, 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"

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

      (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

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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 § 16-64-1.2. The city or town determined to be responsible to DYCF for a

per-pupil special education cost pursuant to § 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

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.

     (e) In addition to the provisions of subsection (b) of this section, the department of

education, in conjunction with the DCYF, shall develop a procedure to ensure that the

municipalities in which there are located group homes or other residential facilities are

reimbursed for the educational expenses above the cost allocated in this section. Any procedure

established, shall provide at a minimum, that the actual education costs associated with a child

placed in a group home or other residential facility is paid by the state through the department of

education, the DCYF, or the municipality where the child is a resident pursuant to §16-64-1.

     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 require the department of education and the DCYF to develop a procedure

to ensure that the municipalities where group homes or other residential facilities are located are

reimbursed for the educational expenses above the cost allocated.

     This act would take effect upon passage.

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