Chapter 244

2012 -- H 7739 SUBSTITUTE A AS AMENDED

Enacted 06/14/12

 

A N A C T

RELATING TO EDUCATION -- CHILDREN WITH DISABILITIES

          

     Introduced By: Representatives McNamara, Handy, Bennett, Hull, and Savage

     Date Introduced: February 16, 2012

     

It is enacted by the General Assembly as follows:

 

     SECTION 1. Section 16-24-18 of the General Laws in Chapter 16-24 entitled "Children

with Disabilities" is hereby amended to read as follows:

 

     16-24-18. Transition from school to self-sufficient adulthood for students with

disabilities. -- (a) There is established within the department of elementary and secondary

education an interagency transition council (the "transition council") composed of:

      (1) The administrators or their designees of the following:

      (i) Department of human services -- office of rehabilitation services;

      (ii) Department of mental health, retardation behavioral healthcare, developmental

disabilities and hospitals -- division of developmental disabilities;

      (iii) Department of mental health, retardation behavioral healthcare, developmental

disabilities and hospitals -- division of mental health behavioral healthcare;

      (iv) Department of children, youth, and families; mental health services;

      (v) Department of elementary and secondary education -- special education office of

student, community and academic supports;

      (vi) Department of elementary and secondary education -- vocational office of adult and

career and technical education;

      (vii) Department of labor and training -- human resource investment council;

      (viii) Department of health -- division of community, family health, and equity; and

      (2) Commissioner of higher education or his or her designee; and

      (3) Two (2) young persons with disabilities, two (2) parents of young persons with

disabilities, and two (2) representatives of local school districts and one transition coordinator

from one of the regional educational collaboratives, appointed by the governor commissioner of

elementary and secondary education.

     (4) One representative of community-based providers of services to adults with

developmental disabilities and one representative of community-based providers of adult

behavioral healthcare services, appointed by the director of the department of behavioral

healthcare, developmental disabilities and hospitals.

      (b) The goal of the transition council is to ensure the preparedness of students with

disabilities, upon leaving school, to live and work in the community.

      (c) The transition council shall draft and propose periodic revisions to the cooperative

agreement among the state departments and offices for the provisions of services in the transition

of young persons with disabilities from school to self-sufficient adult life. The directors of the

state departments and agencies shall sign the cooperative agreement and any revisions, prior to

their implementation. The transition council shall oversee the implementation of the cooperative

agreement. The council shall issue guidelines or instructions and recommend to the state

departments and agencies appropriate directives necessary to effectuate the implementation of the

cooperative agreement. The transition council shall develop joint plans for state departments and

agencies and local school districts for providing transition services to assist young persons with

disabilities. The transition council shall, after hearing from the public, issue an annual report to

the governor, children's cabinet, and general assembly on the status of transition services and

recommendations for improving opportunities for young persons with disabilities to make a

successful transition from school to self-sufficient adult life.

      (d) Individualized transition planning will be initiated by the school district to include

the young person with a disability, guardian, general education and special education personnel as

appropriate, vocation career and technical education, and representatives of any party to the

delivery and implementation of the individual plan. Transition planning will begin by age sixteen

(16) and, when fourteen (14) or younger if determined appropriate in the individualized education

program, at age fourteen (14) or younger for each eligible young person with a disability and

shall be reviewed and updated annually.

      (e) As used in this section:

      (1) "Transition services" means a coordinated set of activities for a young person with a

disability, designed within an outcome oriented process, that promotes movement from school to

post-school activities including postsecondary education, vocational training, integrated

employment (including supported employment), continuing and adult education, adult services,

independent living, or community participation. The activities shall be based on the needs of the

individual young person with a disability, taking into account the young person with a disability's

preferences and interests; and shall include needed activities in the areas of:

      (i) Instruction:

      (ii) Community experiences;

      (iii) The development of employment and other post-school adult living objectives; and

      (iv) If appropriate, acquisition of daily living skills and functional vocational evaluation.

      (2) "Young person(s) with a disability" means those students:

      (i) Evaluated in accordance with the Individuals with Disabilities Education Act, 20

U.S.C. section 1400 et seq., as having mental retardation, hearing impairments including

deafness, speech or language impairments, visual impairments including blindness, serious

emotional disturbance, orthopedic impairments, autism, traumatic brain injury, other health

impairments, specific learning disabilities, deaf-blindness, or multiple disabilities; or

      (ii) Who because of those impairments needs special education and related services, and

      (iii) Age sixteen (16) and, when fourteen (14) or younger if determined appropriate in

the individualized education program, at age fourteen (14) or younger.

 

     SECTION 2. This act shall take effect upon passage.

     

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LC01731/SUB A

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