2020 -- H 7800

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LC004631

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2020

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A N   A C T

RELATING TO EDUCATION -- CHILDREN WITH DISABILITIES

     

     Introduced By: Representatives Blazejewski, Johnston, Azzinaro, Casey, and Bennett

     Date Introduced: February 26, 2020

     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 education who is functionally limited to such an

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extent that normal educational growth and development is prevented, the school committee of the

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city or town where the child resides shall provide the type of special education that will best satisfy

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the needs of the child with a disability, as recommended and approved by the state board of

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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 and their parents or guardians shall have all the same rights and remedies

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in the regulations of the board of education governing the education of children with disabilities

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and as are provided in the federal Individuals with Disabilities Education Act, 20 U.S.C. § 1400 et

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seq., as children in public school relative to initially determining eligibility, implementation, and/or

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any other rights and remedies relative to any special education services the child may be eligible to

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receive from the public school district. This shall include the rights and remedies set forth in

 

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subsections (a) through (j) of 29 U.S.C. § 1415, the section entitled "procedural safeguards."

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Provided, however, that for purposes of subsection (b) of this section, the jurisdiction which the

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Individuals with Disabilities Education Act confers on the district courts of the United States shall

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be conferred on the superior courts of the state of Rhode Island. With respect to parentally placed

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children in private schools and their parents or guardians, the superior courts of the state of Rhode

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Island shall thus have jurisdiction, under the same standards as those set forth in 29 U.S.C. §

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1415(i), to hear civil actions brought by any party aggrieved by a decision rendered in an impartial

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due process hearing, and to award attorneys' fees to a prevailing party who is a state educational

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agency, a local educational agency, or the parent or guardian of a parentally placed child with a

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disability.

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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 education governing the education of

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children with 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 education governing the education of children with

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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 such

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a child with a disability is enrolled in a postsecondary or transitional educational program as part

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of the services provided to the child by the school committee or local education agency (LEA), and

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

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committee's or LEA's obligation to pay for the postsecondary or transitional program shall continue

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through to the conclusion of the school or program's academic year, in accordance with the student's

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individualized education program. Not later than sixty (60) calendar days prior to the child turning

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

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parent or guardian with notice explaining the rights under this section that remain in effect at age

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twenty-one (21). Further, not later than sixty (60) calendar days prior to the child turning twenty-

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one (21) years of age, the state adult service agencies responsible for planning, funding and

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providing services and supports for adults with developmental disabilities, including the state office

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of rehabilitation services (ORS) and the state department of behavioral healthcare, developmental

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disabilities and hospitals (BHDDH), shall provide the child and the parent or guardian with notice

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of the obligations and responsibilities that the respective agency owes to eligible recipients along

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with a level of funding and/or an individual support plan for the child twenty-one (21) years of age

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to receive. This section shall not be used to delay or defer the obligation of a state agency

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responsible for providing services to this 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 make explicit that parents and guardians of children with disabilities in

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private school have the same rights and remedies as parents/guardians of children in public school.

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This act would also provide a procedure in superior court to enforce these rights and remedies.

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     This act would take effect upon passage.

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