2016 -- H 7757

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LC004910

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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 -- CHILDREN WITH DISABILITIES

     

     Introduced By: Representatives O'Brien, Kazarian, Williams, McEntee, and Winfield

     Date Introduced: February 26, 2016

     Referred To: House Health, Education & Welfare

     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 [See Title 16 Chapter 97 - The Rhode Island Board of Education Act]" is hereby

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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 Rhode Island board of

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education, who is functionally limited to such an extent that normal educational growth and

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development is prevented, the school committee of the city or town where the child resides shall

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provide the type of special education that will best satisfy the needs of the child with a disability,

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as recommended and approved by the state board of regents for elementary and secondary

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education Rhode Island board of education in accordance with its regulations governing the

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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 Rhode Island board of education governing the

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education of children with disabilities as children in public school relative to initially determining

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eligibility, implementation and/or any other rights and remedies relative to any special education

 

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services the child may be 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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      (1) Are provided at public expense, under public supervision and direction, and without

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charge;

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      (2) 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 Rhode Island board of education governing the education of children with

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disabilities, which shall include initial evaluation and determination procedures;

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      (3) Include preschool, elementary school or secondary school education in the state; and

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      (4) 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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Rhode Island board of education 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) To ensure that parents can participate fully and effectively with school personnel in

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the consideration and development of appropriate educational programs for their child, a school

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committee shall, upon request by a parent, provide timely access to parents and parent-designated

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independent evaluators and educational consultants for observations of a child's current program

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and of any program proposed for the child, including both academic and non-academic

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components of any such program. Parents and their designees shall be afforded access of

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sufficient duration and extent to enable them to evaluate a child's performance in a current

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program and the ability of a proposed program to enable such child to make effective progress.

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The duration and extent of the observation shall be based on the individual needs of the child.

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School committees shall impose no conditions or restrictions on such observations except those

 

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necessary to ensure the safety of children in a program or the integrity of the program while under

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observation or to protect children in the program from disclosure by an observer of confidential

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and personally identifiable education records in the event such education records are obtained in

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the course of an observation by a parent or a designee. A school department may require a parent

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or parent designee to sign an agreement to hold confidential any information the parent or parent

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designee may observe or derive from tangible education records of any student other than the

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parent's own child. The term "education records" as used in this agreement, means records and

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other tangible materials that contain information directly related to a student, or any information

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derived from tangible records, and are maintained by a school department or its agents and

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employees. Failure to provide access to a parent and/or their representative under this section is

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prima facie evidence that the school committee did not allow the parent and/or their

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representative to meaningfully participate in the development of their child's educational

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placement and/or programs.

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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 allow parents or guardians sufficient access to observe their child's special

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education program in order to assess the child's performance in a current program.

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     This act would take effect upon passage.

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