§ 16-24-1 - Duty of school committee to provide special education. - Rhode Island Statutes

SECTION 16-24-1

   § 16-24-1  Duty of school committee toprovide special education. – (a) In any city or town where there is a child with a disability within the agerange as designated by the regulations of the state board of regents forelementary and secondary education, who is functionally limited to such anextent that normal educational growth and development is prevented, the schoolcommittee of the city or town where the child resides shall provide the type ofspecial education that will best satisfy the needs of the child with adisability, as recommended and approved by the state board of regents forelementary and secondary education in accordance with its regulations governingthe education of children with disabilities.

   (b) Notwithstanding any other federal or state law orregulation, the school committee where a parentally placed child who has ordevelops a disability in private school resides, shall provide the child withthe same free and appropriate education as it provides to children in publicschools. These children shall have the same rights and remedies in theregulations of the board of regents for elementary and secondary educationgoverning the education of children with disabilities as children in publicschool relative to initially determining eligibility, implementation and/or anyother rights and remedies relative to any special education services the childmay be eligible or receive from the public school district.

   (c) For the purpose of this statute, a parentally placedchild who has or develops a disability in private school is defined as a childenrolled or placed in a private school by the unilateral decision of his or herparents and without consolation of the public school district, who either has,or at some point while at the private school is diagnosed with a learningdisability. Parents who unilaterally enroll their child in a private school arerequired to pay the tuition costs related to the child's education that areunrelated to the child's disability, and the public school district where thechild resides is responsible for payment of the services related to the child'sdisability as developed and determined in the child's individual education plan.

   (d) For the purpose of this statute, a free and appropriateeducation is defined as special education services and related services that:

   (i) Are provided at public expense, under public supervisionand direction, and without charge;

   (ii) Meet all of the standards and requirements of the stateof Rhode Island department of education and requirements of the regulations ofthe board of regents for elementary and secondary education governing theeducation of children with disabilities, which shall include initial evaluationand determination procedures;

   (iii) Include preschool, elementary school or secondaryschool education in the state; and

   (iv) Are provided in conformity with an individualizededucation program that meets the requirements of the regulations of the boardof regents for elementary and secondary education governing the education ofchildren with disabilities.

   (e) In those cases that an individual education plan has beenadopted for a child and the child moves to another town or city, the plan shallremain in effect until a new plan is adopted for the child in the new town orcity.