§ 16-64-1.1 - Payment and reimbursement for educational costs of children placed in foster care, group homes, or other residential facility by a Rhode Island state agency. - Rhode Island Statutes

SECTION 16-64-1.1

   § 16-64-1.1  Payment and reimbursement foreducational costs of children placed in foster care, group homes, or otherresidential facility by a Rhode Island state agency. – (a) Children placed in foster care by a Rhode Island licensed child placingagency or a Rhode Island governmental agency shall be entitled to the same freeappropriate public education provided to all other residents of the city ortown where the child is placed. The city or town shall pay the cost of theeducation of the child during the time the child is in foster care in the cityor town.

   (b) Children placed by DCYF in a group home or otherresidential facility that does not include the delivery of educational servicesare to be educated by the community in which the group home or otherresidential facility is located, and those children shall be entitled to thesame free appropriate public education provided to all other residents of thecity or town where the child is placed. For purposes of payment andreimbursement for educational costs under this chapter, the term "group home orother residential facility" shall not include independent living programs. Eachcity and town that contains one or more group homes or other residentialfacilities that do not include delivery of educational services will receivefunds as part of state aid to education in accordance with the followingprovisions:

   (1) On December 31 of each year the DCYF shall provide thedepartment of elementary and secondary education with a precise count of howmany group home or other residential facility "beds" exist in each Rhode Islandcity or town, counting only those "beds" in facilities that do not include thedelivery of educational services. The number of "beds" in each group home orother residential facility shall be equal to the maximum number of childrenthat may be placed in that group home or other residential facility on anygiven night according to the applicable licensure standards of the DCYF.

   (2) For the fiscal year beginning July 1, 2007, if the numberof beds certified by the Department of Children, Youth and Families for aschool district by December 31, 2007 is greater than the number certified March14, 2007 upon which the education aid for FY 2008 was appropriated, theeducation aid for that district will be increased by the number of increasedbeds multiplied by fifteen thousand dollars ($15,000). Notwithstanding theprovisions of this section or any law to the contrary, the education aid forall group home or other residential facility "beds" located or associated withthe Children's Residential and Family Treatment (CRAFT) program located on theEast Providence campus of Bradley Hospital shall be twenty-two thousand dollars($22,000) per bed. The Department of Elementary and Secondary Education shallinclude the additional aid in equal payments in March, April, May and June, andthe Governor's budget recommendations pursuant to § 35-3-8 shall includethe amounts required to provide the increased aid.

   For all fiscal years beginning after June 30, 2008, educationaid for each school district shall include fifteen thousand dollars ($15,000)for each bed certified by the Department of Children, Youth and Families by thepreceding December 31. Notwithstanding the provisions of this section or anylaw to the contrary, the education aid for all group home or other residentialfacility "beds" located or associated with the Children's Residential andFamily Treatment (CRAFT) program located on the East Providence campus ofBradley Hospital shall be twenty-two thousand dollars ($22,000) per bed. Forall fiscal years beginning after June 30, 2008, whenever the number of bedscertified by the Department of Children, Youth and Families for a schooldistrict by December 31 is greater than the number certified the prior December31 upon which the education aid for that fiscal year was appropriated, theeducation aid for that district as enacted by the assembly during the priorlegislative session for that fiscal year will be increased by the number ofincreased beds multiplied by the amount per bed authorized for that fiscalyear. The Department of Elementary and Secondary Education shall include theadditional aid in equal payments in March, April, May and June, and theGovernor's budget recommendations pursuant to § 35-3-8 shall include theamounts required to provide the increased aid.

   (3) [Deleted by P.L. 2007, ch. 73, art. 21, §6.]

   (4) [Deleted by P.L. 2007, ch. 73, art. 21, §6.]

   (5) [Deleted by P.L. 2007, ch. 73, art. 21, §6.]

   (c) Children placed by DCYF in a residential treatmentprogram, group home, or other residential facility, whether or not located inthe state of Rhode Island, which includes the delivery of educational services,provided by that facility (excluding facilities where students are taught ongrounds for periods of time by teaching staff provided by the school districtin which the facility is located), shall have the cost of their education paidfor as provided for in subsection (d) of this section and § 16-64-1.2. Thecity or town determined to be responsible to DYCF for a per-pupil specialeducation cost pursuant to § 16-64-1.2 shall pay its share of the cost ofeducational services to DCYF or to the facility providing educational services.

   (d) Children placed by DCYF in group homes, child caringfacilities, community residences, or other residential facilities shall havethe entire cost of their education paid for by DCYF if:

   (1) The facility is operated by the state of Rhode Island orthe facility has a contract with DCYF to fund a pre-determined number ofplacements or part of the facility's program;

   (2) The facility is state-licensed; and

   (3) The facility operates an approved on-grounds educationalprogram, whether or not the child attends the on-grounds program.