Chapter 166
2008 -- S 2806
SUBSTITUTE A
Enacted 07/02/08
A N A C T
RELATING
TO EDUCATION -- CHILDREN WITH DISABILITIES
Introduced
By: Senator Dominick J. Ruggerio
Date
Introduced: March 05, 2008
It is enacted by the General Assembly as
follows:
SECTION 1. Section
16-24-1 of the General Laws in Chapter 16-24 entitled "Children
with Disabilities" is hereby amended to
read as follows:
16-24-1.
Duty of school committee to provide special education. -- (a) In any
city or
town where there is a child with a disability
within the age range as designated by the regulations
of the state board of regents for elementary and
secondary education, who is functionally limited
to such an extent that normal educational growth
and development is prevented, the school
committee of the city or town where the child
resides shall provide the type of special education
that will best satisfy the needs of the child
with a disability, as recommended and approved by the
state board of regents for elementary and
secondary education in accordance with its regulations
governing the education of children with
disabilities.
(b)
Notwithstanding any other federal or state law or regulation, the school
committee
where a parentally placed child who has or develops
a disability in private school resides, shall
provide the child with the same free and
appropriate education as it provides to children in public
schools. These children shall have the same
rights and remedies in the regulations of the board of
regents for elementary and secondary education
governing the education of children with
disabilities as children in public school
relative to initially determining eligibility, implementation
and/or any other rights and remedies relative to
any special education services the child may be
eligible or receive from the public school
district.
(c) For the
purpose of this statute, a parentally placed child who has or develops a
disability in private school is defined as a
child enrolled or placed in a private school by the
unilateral decision of his or her parents and
without consolation of the public school district, who
either has, or at some point while at the
private school is diagnosed with a learning disability.
Parents who unilaterally enroll their child in a
private school are required to pay the tuition costs
related to the child's education that are
unrelated to the child's disability, and the public school
district where the child resides is responsible for
payment of the services related to the child's
disability as developed and determined in the
child's individual education plan.
(d) For the
purpose of this statute, a free and appropriate education is defined as special
education services and related services that:
(i) Are
provided at public expense, under public supervision and direction, and without
charge;
(ii) Meet all
of the standards and requirements of the state of Rhode Island department of
education and requirements of the regulations of
the board of regents for elementary and
secondary education governing the education of
children with disabilities, which shall include
initial evaluation and determination procedures;
(iii) Include
preschool, elementary school or secondary school education in the state; and
(iv) Are
provided in conformity with an individualized education program that meets the
requirements of the regulations of the board of
regents for elementary and secondary education
governing the education of children with
disabilities.
(e)(b)
In those cases that an individual education plan has been adopted for a child
and
the child moves to another town or city, the
plan shall remain in effect until a new plan is adopted
for the child in the new town or city.
SECTION 2. This
act shall take effect upon passage.
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LC02412/SUB A
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