2004 -- H 8204

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LC01651

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STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2004

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A N A C T

RELATING TO EDUCATION

     Introduced By: Representatives Naughton, Moffitt, Slater, and Giannini

     Date Introduced: February 26, 2004

     Referred To: House Finance

It is enacted by the General Assembly as follows:

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     SECTION 1. Chapter 16-3.1 of the General Laws entitled "Cooperative Service Among

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School Districts" is hereby amended by adding thereto the following section:

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     16-3.1-4.1. Financial incentives for the disabled. – The board of regents for elementary

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and secondary education may provide for special grants which it may deem necessary to stimulate

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special education service arrangements, and it may establish the level of subsidy that it deems

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appropriate to continue the operation of any special education service area.

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     SECTION 2. Sections 16-24-1 and 16-24-18 of the General Laws in Chapter 16-24

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entitled "Children with Disabilities" are hereby amended to read as follows:

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     16-24-1. Duty of school committee to provide special education. -- (a) In any city or

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town where there is a child with a disability within the age range as designated by the regulations

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of the state board of regents for elementary and secondary education, who is functionally limited

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to such an extent that normal educational growth and development is prevented, the school

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committee of the city or town shall provide the type of special education that will best satisfy the

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needs of the child with a disability, as recommended and approved by the state board of regents

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for elementary and secondary education in accordance with its regulations. The school committee

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shall also give notice to the parents or legal guardian of such child of the availability of the

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services at the Paul V. Sherlock Center for Disabilities.

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      (b) In those cases that an individual education plan has been adopted for a child and the

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child moves to another town or city, the plan shall remain in effect until a new plan is adopted for

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the child in the new town or city.

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

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

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

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

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

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      (ii) Department of mental health, retardation and hospitals -- division of developmental

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disabilities;

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      (iii) Department of mental health, retardation, and hospitals -- division of mental health;

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

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

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      (vi) Department of elementary and secondary education -- vocational and technical

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education;

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

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      (viii) Department of health -- division of family health; and

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

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

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

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from one of the regional educational collaboratives, appointed by the governor. ;and

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     (4) A member of the Paul V. Sherlock Center for Disabilities.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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successful transition from school to self-sufficient adult life.

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

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

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

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implementation of the individual plan. Transition planning will begin by age sixteen (16) and,

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when determined appropriate in the individualized education program, at age fourteen (14) or

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younger for each eligible young person with a disability and shall be reviewed and updated

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annually.

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      (e) As used in this section:

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

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

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

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

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

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

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

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      (i) Instruction:

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      (ii) Community experiences;

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

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

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

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

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

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

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

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

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

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      (iii) Age sixteen (16) and, when determined appropriate in the individualized education

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program, at age fourteen (14) or younger.

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     SECTION 3. This act shall take effect upon passage.

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LC01651

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EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N A C T

RELATING TO EDUCATION

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     This act would allow the board of regents for elementary and secondary education to

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provide for special grants which it may deem necessary to stimulate special education service

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arrangements and establish the level of subsidy that it deems appropriate to continue the operation

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of any special education service area. This act would also add a member of the Paul V. Sherlock

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Center for Disabilities to the interagency transition council within the department of elementary

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and secondary education, and would require each school committee to inform the parents or legal

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guardian of a child with disabilities of the availability of the services at the Paul V. Sherlock

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Center for Disabilities.

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     This act would take effect upon passage.

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LC01651

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