2017 -- H 6088 SUBSTITUTE A

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2017

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A N   A C T

RELATING TO EDUCATION -- CHILDREN WITH DISABILITIES

     

     Introduced By: Representatives Azzinaro, Corvese, McNamara, McLaughlin, and
Kennedy

     Date Introduced: April 06, 2017

     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.

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     (a) In any city or town where there is a child with a disability within the age range as

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designated by the regulations of the state board of regents for elementary and secondary

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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 in accordance with its regulations 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,

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

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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 governing the education of children with disabilities, which shall include

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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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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) A child with a disability as referenced in subsection (a) of this section shall have

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available to them any benefits provided by this section up to their twenty-first birthday, in

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accordance with the student’s individualized education program (IEP). Provided, in the event

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such a child with a disability is enrolled in a post-secondary or transitional educational program

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as part of the services provided to the child by the school committee or local education agency

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(LEA), and such child reaches twenty-one (21) years of age during a school or program year, then

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the school committee's or LEA's obligation to pay for the post-secondary or transitional program

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shall continue through to the conclusion of the school or program's academic year, in accordance

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with the student's individualized education program. Not later than sixty (60) calendar days prior

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to the child turning twenty-one (21) years of age, the local educational agency (LEA) shall

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provide the child and the parent or guardian with notice explaining the rights under this section

 

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that remain in effect at age twenty-one (21). Further, not later than sixty (60) calendar days prior

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to the child turning twenty-one (21) years of age, the state adult service agencies responsible for

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planning, funding and providing services and supports for adults with developmental disabilities,

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including the state office of rehabilitation services (ORS) and the state department of behavioral

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healthcare, developmental disabilities and hospitals (BHDDH), shall provide the child and the

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parent or guardian with notice of the obligations and responsibilities that the respective agency

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owes to eligible recipients along with a level of funding and/or an individual support plan for the

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child twenty-one (21) years of age to receive. Students who require more extensive care will

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remain under the direction of the department of rehabilitative services and will be transitioned

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through the individual education plan prior to reaching age twenty-one (21). This section shall not

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be used to delay or defer the obligation of a state agency responsible for providing services to this

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population.

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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 provide that for children with disabilities who turn twenty-one (21) years

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of age while in a post-secondary or transitional educational program, the local educational

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agency's ("LEA") obligation to pay for the child's education would continue in accordance with

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the student's individual education program. The act would also provide that not later than sixty

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(60) days prior to the child turning twenty-one (21), the LEA and state adult service agencies

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responsible for providing supports for adults with developmental disabilities would provide the

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child and the parent or guardian with certain notices about rights and benefits available when the

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child turns twenty-one (21). The act would also provide that this law would not be used to delay

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or defer the obligation of a state agency responsible for providing services to adults with

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developmental disabilities.

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     This act would take effect upon passage.

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