2022 -- H 6621

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LC003497

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2022

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A N   A C T

RELATING TO EDUCATION -- CHILDREN WITH DISABILITIES (SEE TITLE 16

CHAPTER 97 -- THE RHODE ISLAND BOARD OF EDUCATION ACT)

     Introduced By: Representatives Cortvriend, Carson, Amore, Henries, Kazarian,
Donovan, Kislak, Noret, and Casimiro

     Date Introduced: January 06, 2022

     Referred To: House Education

     It is enacted by the General Assembly as follows:

     SECTION 1. Chapter 16-24 of the General Laws entitled "Children With Disabilities [See

Title 16 Chapter 97 - The Rhode Island Board of Education Act]" is hereby amended by adding

thereto the following section:

     16-24-19. Local Advisory Committee on Special Education.

     (a) There is hereby authorized, created and established a local advisory committee ("the

committee") of each local education or regional special education program. The governing school

committee or committees, as applicable, shall approve the by-laws of the advisory committee.

     (b)(1) The committee, local or regional, shall consist of persons involved in or concerned

with the education of students with disabilities or students whom are differentially abled. Parents,

guardians or caretakers of students with disabilities or students whom are differentially abled shall

compose a majority of the local committee membership. Parents, guardians or caretakers of

students with disabilities or students whom are differentially abled shall consist of a majority of the

local committee and at least fifty percent (50%) of this majority shall be selected by the parents,

guardians or caretakers of children with disabilities or students whom are differentially abled.

     (2) A regional committee shall reflect an equal distribution of representatives from each of

the school districts that comprise the regional program. The members shall be as follows:

     (i) One of whom is an individual with a disability or differentially abled;

     (ii) One of whom is a public school administrator, or designee;

     (iii) One of whom is a special education teacher, or designee;

     (iv) One of whom is a general education teacher, or designee; and

     (v) Other members of the community may be appointed to the committee at the discretion

of the committee and school board.

     (c) The committee shall advise the school district or regional program on matters

concerning the unmet needs of students with disabilities or students whom are differentially abled,

comment on improvement plans including school support plans resulting from the federal

Individuals with Disabilities Education Act (IDEA) Part B compliance reports, local compliance

with state and federal laws pertaining to the education of students with disabilities or students whom

are differentially abled, comment on applications for federal and state funds and serve as advocates

in partnership with parents, guardians or caretakers of students with disabilities or students whom

are differentially abled to ensure that they receive the entitlements provided to them under state and

federal laws.

     (d) The local or regional educational agency shall provide support to the committee by

contracting for technical assistance services with the Rhode Island designated parent training and

technical assistance agency or other community-based nonprofit parent organization. Such

technical assistance shall include the role of advisory committees in advocating for children, state

and federal regulations, community resources, strategic planning and development of an annual

report to the school committee. The local advisory committee shall present this annual report, at a

public meeting, to the school committee of any district that is part of the local education or regional

special education program. The local or regional educational agency shall also provide school and

district improvement plans to the committee for comment and make available appropriate records

and data as permitted by law. The public agency shall also support the committee in disseminating

information to the parent, guardian or caretaker of the student with disabilities or student whom is

differentially abled regarding the role of the advisory committee, information pertaining to special

education and inform the committee of professional development opportunities that are available

within the local education agency (LEA). As used in this section, the term "local or regional

education agency" means the school district or regional school district serviced by the local

advisory committee.

     (e) The committee shall meet as often as necessary to conduct its business but no less than

four (4) times annually. Official minutes shall be kept of all committee meetings and be available

for public review. All committee meetings and agendas shall be publicly announced prior to any

meeting, and meetings shall be open to the public. The committee shall be subject to the provisions

of chapter 46 of title 42 (the "open meetings act"), except that the committee shall not release the

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identity or disclose information which could identify any particular student with a disability, or

who is receiving special education services, or who is differently abled. Notwithstanding any

provisions of § 42-46-5 to the contrary, a local advisory committee may go into executive session

and may seal their executive session minutes for purposes of reviewing matters which relate to the

privacy of students and their records; provided, however, that any affected student shall be notified

in advance in writing and advised that the student may require that the discussion be held in an

open meeting.

     (f) Members of the committee shall serve without compensation; provided, however, they

may be reimbursed for reasonable and necessary expenses for attending meetings and performing

their duties.

     (g) At the time a student is referred to special education, each school district or regional

special education program shall provide the parent, guardian or caretaker of that student with

notification of the existence of the local or regional advisory committee for special education

established pursuant to this section. The notification shall specify that a majority of the local

advisory committee on special education is parents, guardians or caretakers of students with

disabilities or students whom are differentially abled, and shall provide the parent, guardian or

caretaker with the contact information for the chairperson of the local advisory committee for

special education or the regional advisory committee on special education.

     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 (SEE TITLE 16

CHAPTER 97 -- THE RHODE ISLAND BOARD OF EDUCATION ACT)

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     This act would create a local advisory committee on special education in every school

district to advise the school district on matters concerning the unmet needs of students with

disabilities, comment on improvement plans including school support plans resulting from the

federal Individuals with Disabilities Educational Act (IDEA) Part B compliance reports, local

compliance with state and federal laws pertaining to the education of students with disabilities,

comment on applications for federal and state funds and serve as advocates in partnership with

parents, guardians or caretakers of students with disabilities to ensure that they receive the

entitlements provided to them under state and federal laws. The majority of the committee would

be comprised of parents, guardians or caretakers of students with disabilities.

     This act would take effect upon passage.

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