2022 -- H 7486

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LC004464

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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 -- RHODE ISLAND SCHOOL FOR CHILDREN WITH

DYSLEXIA, DYSCALCULIA, AND DYSGRAPHIA (SEE TITLE 16 CHAPTER 97 -- THE

RHODE ISLAND BOARD OF EDUCATION ACT)

     Introduced By: Representatives Fenton-Fung, Amore, and Quattrocchi

     Date Introduced: February 16, 2022

     Referred To: House Finance

     It is enacted by the General Assembly as follows:

     SECTION 1. Title 16 of the General Laws entitled "EDUCATION" is hereby amended by

adding thereto the following chapter:

CHAPTER 26.2

RHODE ISLAND SCHOOL FOR CHILDREN WITH DYSLEXIA, DYSCALCULIA, AND

DYSGRAPHIA

     16-26.2-1. Short title.

     This chapter shall be known and may be cited as the "Rhode Island School for Children

with Dyslexia, Dyscalculia, and Dysgraphia".

     16-26.2-2. Control by board of education.

     The Rhode Island board of education shall have supervision, administration, and control of

the school for children with dyslexia, dyscalculia, and dysgraphia.

     16-26.2-3. Board of Trustees.

     (a) The powers delegated and authorized in this chapter for the board of education and the

department of elementary and secondary education shall be in addition to those previously

authorized by any other general or public law.

     (b) The governance, funding, and programming of the Rhode Island school for children

with dyslexia, dyscalculia, and dysgraphia, shall be in accordance with the rules and regulations

formulated by the board of education pursuant to chapter 35 of title 42.

     (c)(1) The purpose of this chapter is to create the Rhode Island school for children with

dyslexia, dyscalculia, and dysgraphia.

     (2) The school for children with dyslexia, dyscalculia, and dysgraphia shall be operated as

a local education agency and shall be governed by a board of trustees. With the exception of those

powers and duties reserved to the director, the commissioner of elementary and secondary

education, and the board of education, the board of trustees shall have the powers and duties of a

school committee.

     (3) The board of education shall appoint the members of the board of trustees from

nominations made by the commissioner of elementary and secondary education. The chairperson

shall also be selected in this manner. The board of education shall determine the qualifications and

terms of office of members of the board of trustees. The board of trustees shall be comprised of

nine (9) individuals, not less than five (5) of whom shall be persons who are dyslexic, dyscalculic

or dysgraphic. The commissioner may seek input on nominations of persons who are dyslexic,

dyscalculic or dysgraphic from organizations whose membership is primarily made up of dyslexic,

dyscalculic or dysgraphic individuals, individuals who are dyslexic, dyscalculic or dysgraphic, or

organizations whose purpose is advocacy for individuals who are dyslexic, dyscalculic or

dysgraphic, as well as from other sources. For purposes of obtaining input from diverse sources

regarding suggestions for nominations for the first trustees to be nominated by the commissioner,

the commissioner shall convene a public quorum to obtain broad input prior to making the initial

nominations for the founding membership on the board of trustees. No person in any way employed

by or doing business with the Rhode Island school for children with dyslexia, dyscalculia, and

dysgraphia shall serve on the board of trustees.

     (4) The board of education shall establish strategic directions for the education of dyslexic,

dyscalculic, and dysgraphic children in the State of Rhode Island.

     (5) The board of education shall provide parameters for budget requests, recommend a

budget, and participate in budget development.

     (d)(1) The commissioner of elementary and secondary education shall recommend

parameters for the overall budget requests, recommend a budget, and participate in budget

development.

     (2) The commissioner shall approve the process for selection of a director of the school.

     (e) The board of trustees shall meet monthly and serve without compensation. Seven (7)

members of the board of trustees shall be required to attend teacher appeal meetings pursuant to §

16-13-4. The board of trustees shall have broad policymaking authority of the operation of the

school consistent with this subsection and the following powers and duties:

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     (1) To identify the needs of children with dyslexia, dyscalculia and dysgraphia in the State

of Rhode Island.

     (2) To develop educational policies to meet the needs of children with dyslexia, dyscalculia

and dysgraphia served by the school for children with dyslexia, dyscalculia and dysgraphia.

     (3) To appoint a director of the school to serve as its chief executive officer and to approve

assistant directors from nominations made by the director.

     (4) To provide policy guidance and participate in budget development.

     (5) To develop staffing policies which ensure that all students are taught by educators of

the highest possible quality.

     (f)(1) The director shall serve at the pleasure of the board of trustees with the initial

appointment to be for a period of not more than five (5) years; provided, that the term and conditions

of employment are subject to the approval of the board of education.

     (2) It is the responsibility of the director to manage and operate the school on a day-to-day

basis. The director's responsibilities shall include the following:

     (i) To be responsible for the entire care, supervision, and management of the school for

children with dyslexia, dyscalculia, and dysgraphia.

     (ii) To recommend to the board of education educational policies to meet the needs of the

children with dyslexia, dyscalculia, and dysgraphia, and to implement policies established by the

board of trustees.

     (iii) To present nominations to the board of trustees for assistant administrators and to

appoint all other school personnel.

     (iv) To provide for the evaluation of all school personnel.

     (v) To establish a school based management approach for decision making for the operation

of the school.

     (vi) To report to the board of trustees on a regular basis the financial condition and the

operation of the school, and to report annually on the educational progress of the school.

     (vii) To establish appropriate advisory committees as needed to provide guidance and

feedback on the operation of the school.

     (viii) To be available to the board of trustees and to attend board of trustees meetings to

provide a link between the school and the board of trustees.

     (g) With policy guidance from the board of trustees and extensive involvement of the

administrators and faculty of the school, the director shall annually prepare a budget. The board of

trustees shall approve the budget and transmit it to the commissioner of elementary and secondary

education. The board of education shall provide parameters for the overall budget request. Based

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on review and recommendations for the commissioner, the board of education shall approve the

total budget and incorporate it into its budget request to the governor and to the general assembly.

Line item budgeting decisions shall be the responsibility of the director.

     (h) Nothing in this section shall be deemed to limit or interfere with the rights of teachers

and other school employees to bargain collectively pursuant to chapters 9.3 and 9.4 of title 28 or to

allow the board of trustees or the director to abrogate any agreement by collective bargaining.

Employees at the Rhode Island school for children with dyslexia, dyscalculia, and dysgraphia shall

be state employees.

     16-26.2-4. Admission of students.

     The board of education may admit any persons in the Rhode Island school for children with

dyslexia, dyscalculia, and dysgraphia as provided in § 16-26.2-5.

     16-26.2-5. Persons admissible.

     (a) All children of parents, or under the control of guardians or other persons, legal

residents of this state, between the ages from birth to twenty-one (21) years, who are dyslexic,

dyscalculic or dysgraphic, thus making it impracticable for this student to make progress toward

his or her educational goals by attending the public schools may attend the Rhode Island school for

children with dyslexia, dyscalculia, and dysgraphia, without charge, under any rules and regulations

as the board of education may establish.

     (b) Dyslexic, dyscalculic or dysgraphic persons from birth to twenty-one (21) years, who

are legal residents of the state, shall be entitled to the privilege of the school without charge, and

for any period of time in each individual case as may be deemed appropriate by the board of

education. Residents of other states may be admitted upon the payment of any rates of board and

tuition as may be fixed by the board.

     16-26.2-6. Regional hearing impaired programs.

     (a) Each city and town may contract with the Rhode Island school for children with

dyslexia, dyscalculia and dysgraphia to establish and operate programs for the children who are

dyslexic, dyscalculic or dysgraphic.

     (b) When these programs are operated by the Rhode Island school for children with

dyslexia, dyscalculia, or dysgraphia, each participating city or town shall be assessed for the cost

of the program in the proportion that their enrollment bears to the total enrollment in the program.

The assessments shall be deposited in a restricted receipt account for the purpose of funding

expenditures necessary to operate the regional program.

     16-26.2-7. Certificates of proficiency.

     Any child having attended the school for a time or course prescribed by the board, upon

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leaving the school, shall be entitled to receive a certificate of his or her proficiency from the board.

     16-26.2-8. Annual report to general assembly.

     The board of education shall annually in the month of January make a report to the general

assembly of the state and condition of the school, and a statement of all expenses incurred for

salaries, maintenance, tuition, and other items of current expense, together with an estimate of the

amount of money necessary to meet the current expenses of the next year.

     16-26.2-9. Execution of chapter -- Rules and regulations.

     The board of education shall carry out the provisions of this chapter and shall make any

rules and regulations governing the operation of the school that may be required.

     16-26.2-10. Other sources of funding.

     (a) Districts shall be assessed tuition to cover the costs of educational services that are

additional to the dyslexia, dyscalculia and dysgraphia education programs that are provided to

resident students at the Rhode Island school for children with dyslexia, dyscalculia and dysgraphia.

     (b) Tuition assessed at the school for children with dyslexia, dyscalculia and dysgraphia to

cover costs of educational services that are additional to the dyslexia, dyscalculia and dysgraphia

education programs shall be based on a graduated tuition schedule correlating to the varying needs

of students. Districts shall receive three (3) times each school year, invoices summarizing the basis

for the tuition charged. There shall be deducted from the final aid payment to each school district

at the end of the fiscal year any amounts owed to the state for these additional educational services.

All tuition paid by districts and any aid deducted for non-payment shall be deposited in a restricted

receipt account and shall be exempt from the indirect cost recovery provisions of § 35-4-7.

     (c) The Rhode Island school for children with dyslexia, dyscalculia and dysgraphia is

hereby authorized to rent or lease space in its school building. The school shall deposit any revenues

from such agreements into a restricted receipt account, to be known as the Rhode Island school for

children with dyslexia, dyscalculia and dysgraphia rental income account, to be used for the same

educational purposes that its state appropriation is used. Any such rental agreements must receive

prior approval from the school's board of trustees and by the state properties committee.

     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 -- RHODE ISLAND SCHOOL FOR CHILDREN WITH

DYSLEXIA, DYSCALCULIA, AND DYSGRAPHIA (SEE TITLE 16 CHAPTER 97 -- THE

RHODE ISLAND BOARD OF EDUCATION ACT)

***

     This act would create the Rhode Island school for children with dyslexia, dyscalculia, and

dysgraphia, to provide programs and support to those children diagnosed with dyslexia, dyscalculia

or dysgraphia, to assist the children to meet their educational goals where it may be otherwise

impossible to do so by attending public school. All children between the ages of birth to twenty-

one (21) years old, who are residents of the State of Rhode Island and have been diagnosed with

dyslexia, dyscalculia or dysgraphia are eligible for admission, free of charge. Residents of other

states may be admitted upon payment of any rates of board and tuition as set by the board of

trustees. This act would further allow each city or town to contract with the school to establish and

operate programs for children within the school district who are dyslexic, dyscalculic or dysgraphic.

Each school district shall be assessed a fee to fund the school each year, receiving three (3) invoices

per school year summarizing the basis for the tuition charge

     This act would take effect upon passage.

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