2023 -- H 5636

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LC001101

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2023

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A N   A C T

RELATING TO EDUCATION -- HIGHER EDUCATION OPPORTUNITIES FOR STUDENTS

WITH DISABILITIES

     Introduced By: Representatives Cortvriend, Carson, Dawson, Kislak, Morales, Donovan,
Casimiro, Speakman, Shallcross Smith, and Chippendale

     Date Introduced: February 15, 2023

     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 24.2

HIGHER EDUCATION OPPORTUNITIES FOR STUDENTS WITH DISABILITIES ACT

     16-24.2-1. Title.

     This act shall be known and may be cited as the “Higher Education Opportunities for

Students with Intellectual Disabilities Act.”

     16-24.2-2. Purpose.

     The purpose of this chapter is to provide inclusive educational opportunities for a child or

student with a disability as referenced in § 16-24-1, to improve academic achievement, develop

employment and independent living skills and enhance the overall and independent learning

environments for these persons. More generally, the purpose of this chapter is to offer a further

enhanced option to students with a disability to obtain social and emotional growth, support, and

development. This chapter includes students with disabilities, severe intellectual disabilities, severe

autism spectrum disorders or other severe developmental disabilities. As used in this chapter, the

term "student with a disability" means a student who is eligible for and receives special education

services as described in § 16-24-1.

     16-24.2-3. Attendance at state colleges and universities.

     (a) Students with a disability who are eighteen (18) to twenty-one (21) years of age,

inclusive, and up to twenty-two (22) years of age where the provisions of § 16-24-1(f) are

applicable, who receive special education services and have disabilities including, but not limited

to, severe intellectual disabilities, severe autism spectrum disorders or other severe developmental

disabilities and are receiving special education services may also have program options including,

but not limited to, continuing education, participation in credit and noncredit courses that include

students without disabilities in an institution of higher education, development of independent

living skills, development of skills necessary for employment and development of skills to access

community services. Participation of such students in institutions of higher education under this

section shall be considered an approved expense as a special education service and shall be a benefit

available to them pursuant to the provisions of § 16-24-1. More specifically, the provision of this

chapter shall be considered a form of secondary school education; provided, however, that this

service is addressed in and provided in accordance with the student’s individualized education

program pursuant § 16-24-1.

     (b) Schools for which a student may attend include all state colleges and universities,

including the community college of Rhode Island, Rhode Island college, and the university of

Rhode Island.

     16-24.2-4. Program requirements.

     (a) To ensure that students with a disability, including, but not limited to, individuals with

severe intellectual disabilities, severe autism spectrum disorders or other severe developmental

disabilities, have opportunities to be included with non-disabled students in all aspects of higher

education for the purpose of gaining academic, career, technical and independent living skills to

prepare them for adult life, including, but not limited to, employment and civic engagement, such

individuals attending a state institution of postsecondary education pursuant to this chapter shall

not be required to:

     (1) Take any standardized college entrance aptitude test;

     (2) Have a high school diploma or its equivalent;

     (3) Meet minimum academic course requirements;

     (4) Meet minimum grade point average requirements; or

     (5) Obtain a passing score on any statewide assessment tests, in order to participate in

undergraduate academic courses, internships, work-based trainings, extracurricular activities that

include non-disabled students and all other aspects of campus life in accordance with this chapter.

     (b)(1) State institutions of higher education, in consultation with the department of

elementary and secondary education and the office of the postsecondary commissioner, and

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consistent with the purposes of this chapter, may create guidelines to select students participating

in higher education pursuant to this chapter, including, but not limited to, guidelines to determine

campus capacity and to coordinate selection of students with relevant local, state or other public

agencies serving students with severe intellectual disabilities, severe autism spectrum disorders or

other severe developmental disabilities. Provided, however, that these individuals shall not be

denied opportunities to participate in higher education solely due to their intellectual disability,

autism spectrum disorders or developmental disability.

     (2) Public institutions of higher education, in consultation with the department of

elementary and secondary education and the office of the postsecondary commissioner, and

consistent with the purposes of this section, may also establish course selection guidelines to help

ensure that participating individuals receive guidance in selecting courses that are appropriate to

their individual strengths, needs, preferences and interests.

     (3) Participating individuals shall be permitted to:

     (i) Take a credit-bearing, undergraduate academic course for credit if they have met the

course prerequisites and requirements; or

     (ii) Audit a credit-bearing, undergraduate academic course, consistent with campus policies

governing selection of students for audit participation, if they have not met the course prerequisites

and requirements.

     (4) Nothing in this chapter shall require a public institution of higher education to provide

course enrollment or audit preference for students with severe intellectual disabilities, severe autism

spectrum disorders or other severe developmental disabilities, relative to other persons seeking to

enroll or audit a course. Nothing in this section shall require a public institution of higher education

to include students with severe intellectual disabilities, severe autism spectrum disorders or other

severe developmental disabilities in graduate and continuing education courses.

     (c) Individuals participating in higher education pursuant to subsections (a) and (b) of this

section shall have access to and be included with non-disabled students in all academic and non-

academic opportunities at public institutions of higher education in order to have inclusive

educational opportunities to acquire academic, career, technical and independent living skills that

prepare them for adult life including, but not limited to, employment and civic engagement.

Individual supports and services shall be made available to support inclusion in academic courses,

extracurricular activities, and other aspects of campus life; provided, however, that nothing in this

subsection shall supersede subsections (b) and (d) of this section.

     (d)(1) Public institutions of higher education shall not be required to bear the costs of

individual supports and services that exceed the kind of supports and services generally provided

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by public institutions of higher education.

     (2) Costs associated with supporting participation in public institutions of higher education

under this section shall be:

     (i) An approved expense as a special education service pursuant to § 16-24-1 and shall be

considered secondary school education; provided, however, that a student’s participation in higher

education is addressed in the student’s individualized education program under § 16-24-1 for

students ages eighteen (18) to twenty-one (21) years old, inclusive, and age twenty-two (22) years,

where applicable; provided further, that such student is considered to have a disability, a severe

intellectual disability, a severe autism spectrum disorder or other severe developmental disability;

provided further, that in the case of students who are age eighteen (18) or nineteen (19),

participation shall be limited to students with a disability, a severe intellectual disability, a severe

autism spectrum disorder or other severe developmental disability who have been unable to obtain

a passing score on any statewide assessment tests utilized as a basis for competency determination.

Provided further, that in the case of students ages twenty (20) or twenty-one (21) or twenty-two

(22) where applicable, participation shall be limited to students with a disability, a severe

intellectual disability, a severe autism spectrum disorder or other severe developmental disability

who have been unable to obtain a passing score on any statewide assessment tests utilized as a basis

for competency determinations, or who have already been determined eligible for special education

and have also been determined by the individualized education program team to have severe

functional delays impacting independent living, communication or behavioral skills resulting in

skills that are significantly below chronological age. Provided further, that nothing in this section

shall impose an additional cost on a school committee beyond the cost of what is required under

state or federal special education law. The school committee shall forward the foundation education

aid amount for the student, as determined in § 16-7.2-3, to the state college or university, and the

state college and university shall not charge the district or the student for any costs of educating the

student beyond the foundation education aid amount;

     (ii) Subject to the availability of federal funding and appropriation of foundation education

aid pursuant to chapters 7, 7.1, and 7.2 of title 16, for individuals who are determined eligible for

vocational rehabilitation services. Access to higher education assists in the attainment of an

identified employment goal, as determined by the agency, consistent with all applicable regulations

and subject to the development of an individualized plan for employment;

     (iii) Costs of participation may be covered by any other public or private sources available

to the student.

     (e) Participating individuals under this section shall be required to follow the public

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institution of higher education’s student behavioral policies, including the student code of conduct,

antidiscrimination and sexual violence policies; provided, however, that the public institution of

higher education shall provide such policies in accessible formats and shall provide reasonable

accommodations for participating individuals in any process instituted thereunder.

     (f) Nothing in this section shall be construed to impose any liability against any school

district or any public institution of higher education, including trustees, officers, administrators or

employees of the school district or public institution of higher education.

     (g) Nothing in this section shall be construed as creating or imposing a specific duty of

care, nor shall this section create or impose a private right of action against any school district or

any public institution of higher education, including trustees, officers, administrators or employees

of a school district or public institution of higher education.

     16-24.2-5. Return to public high school option.

     Any student taking courses at a state college or university pursuant to this chapter shall

have the option to return to the student’s public high school, if it is found that taking courses at a

state college or university is not in the best interest of the student. If a student commences to attend

a state college or university pursuant to this chapter and subsequently returns to the high school

from the student’s sending district, the state college or university shall return to the sending district

the amount of foundation education aid related to the student, in an amount that is proportional to

the length of time the student spent attending the state college or university.

     16-24.2-6. Annual reporting.

     (a) Commencing September 1, 2024, and annually, not later than September 1 thereafter,

each state college or university shall file a report with the department of elementary and secondary

education, the office of the post-secondary commissioner, the board of education, and the senate

and house committees on education and on finance, regarding participation of individuals with

disabilities, severe intellectual disabilities, severe autism spectrum disorder, and other severe

developmental disabilities, who are attending state colleges and universities pursuant to this

section.

     (b) The report referred to in this section shall include, but not be limited to:

     (1) Data detailing the number of students participating pursuant to this section each

semester, including, but not limited to, gender, race and ethnicity of the students;

     (2) A list of all courses taken by participating students during the academic year, indicating

whether the students audited the course or participated in the course for credit;

     (3) A list of extracurricular activities, internships, clubs and other activities in which such

students participate during the academic year;

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     (4) A summary of innovative strategies and practices implemented at each institution of

higher education that foster relationships with school districts, the department of human services,

and other relevant public agencies;

     (5) Employment data for students participating pursuant to this section obtained to the best

of the ability of institutions of higher education; and

     (6) Any relevant information regarding successful outcomes or challenges the institution

experienced in the academic year.

     (c) The department of elementary and secondary education and the office of the

postsecondary commissioner shall review the reports and shall take steps necessary to ensure the

institution is including individuals pursuant to this section. The reports may be used to enhance

constructive conversations between the department, office, and institutions of higher education that

contribute to developing a full understanding of best practices in implementing this chapter.

     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 -- HIGHER EDUCATION OPPORTUNITIES FOR STUDENTS

WITH DISABILITIES

***

     This act would establish the Higher Education Opportunities for Students with Disabilities

Act. This act would enable students with disabilities who are ages eighteen (18) through twenty-

one (21) years, and in some cases to age twenty-two (22) years, to audit and otherwise attend state

colleges and universities using the student’s foundation education aid.

     This act would take effect upon passage.

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