CHAPTER 4 EDUCATION

Regional school districts can help economize precious resources while providing enhanced services to the area's students. Some of the services provided to students with special needs are:

1. a wider variety of special education opportunities;

2. a larger range of transportation services;

3. vocational and technical schools, including vocational rehabilitation services; and

4. other special programs that would benefit from a centralized approach to service delivery.

Regional Collaboratives 16-3.1-9 to 11

A southern Rhode Island collaborative of school districts was formed to provide special education programs and diagnostic services for Westerly, New Shoreham, Chariho, Narragansett, Jamestown, South Kingstown, North Kingstown, East Greenwich, and Exeter-West Greenwich.

A West Bay Rhode Island collaborative of school districts was formed to provide special education programs and diagnostic services for West Warwick, Providence, Warwick, Coventry, Cranston, Scituate, Foster-Glocester, Foster and Glocester.

An East Bay educational collaborative was formed to provide educational programs and services for Barrington, Bristol, East Providence, Little Compton, Middletown, Newport, Portsmouth, Tiverton and Warren.

An urban collaborative was formed to provide alternative education programs and diagnostic services for Providence, Pawtucket, and East Providence.

Hearing, Speech and Vision Examinations 16-21-14

The State-wide Hearing Screening and Conservation Program provide hearing, speech, and vision screenings of school students in Rhode Island. Each student in grades kindergarten through twelve (12) must be given a hearing test by a qualified audiometrist every three years. In addition, every student who has previously failed the screening test, repeated a grade, or shown evidence of a hearing loss must be tested as often as necessary. A student is exempt from this screening requirement if the parents object on the basis of religious beliefs.

Although this program is operated by the state, local educational agencies may administer their own screening programs if the Commissioner of Elementary and Secondary Education approves the programs. Any city or town that does not comply with this law could have state educational funds withheld.

Allergic Emergencies - Anaphylaxis - Use of Epinephrine - Administering Immunity

16-21-22 & 16-78-1

In order to provide for the health and safety of children and students who have been medically identified as being prone to anaphylaxis (exaggerated allergic reaction), the Department of Elementary and Secondary Education, the institutions of higher learning, and the Department of Health have incorporated a policy of parental consent for the administration of epinephrine on their child or student in case of an emergency. The policies, rules and regulations shall also include a procedure to allow children to carry and use prescription inhalers while in school or at a school sanctioned function or event, when prescribed by a licensed individual with prescriptive privileges.

For further information contact the:

Department of Elementary and Secondary Education and/or the Department of Health

Transportation Beyond District Limits 16-21.1-5

The Commissioner of Elementary and Secondary Education may require that a city or town furnish bus transportation to a student entitled to a special education program outside the area if no similar program is available within that city or town. Each school committee is responsible for the transportation and may cooperate with other school districts to provide it. The Commissioner of Elementary and Secondary Education will hold hearings for a student or parent if a conflict with the school committee arises regarding transportation. Either party may appeal the decision of the commissioner to the Rhode Island Superior Court.

General Duties of the School District 16-24

Each school committee has a duty to provide special education to students whose disabilities prevent success in standard educational programs. This special education must "best satisfy the needs of the student" and is subject to approval by the Board of Regents for Elementary and Secondary Education.

If there is no program that meets the specific needs of an individual student, the local school committee is responsible for the cost of providing a program elsewhere, including transportation. Cities and towns may work together to provide special educational services to students in the cooperative area. For more information regarding the regionalization of schools, see "Regional School Districts." Students with disabilities in state institutions or facilities must be provided with an appropriate educational program. These programs are subject to the same Board of Regents regulations as those governing any other school.

Education - Children with Disabilities 16-24-1

When an individual education plan (IEP) 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.

Transition from School to Self-Sufficient Adulthood for Students with Disabilities 16-24-18

Individualized transition service 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, vocational 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 determined appropriate in the individualized education program, at age fourteen (14) or younger for each eligible young person with a disability, and be reviewed and updated annually.

“Transition services” means a coordinated set of activities for a young person with a disability, designed within an out-come oriented process, that promotes movement from school to post-school activities; and shall include needed activities in the areas of:

1. instruction;

2. community experiences;

3. the development of employment and other post-school adult living objectives; and

4. if appropriate, acquisition of daily living skills and functional vocational evaluation.

Reimbursement and Payment of Educational Costs 16-64-9

Allows the Board of Regents to design a simple and clear method for reimbursement of the educational costs of students in group homes.

The Rhode Island School-to-Work Transition Act of 1996 16-78 -- (a) There is hereby established, within the department of elementary and secondary education, a representative from one of the regional educational collaboratives composed of:

The Rhode Island School-to-Work Transition system which is integrated with Rhode Island’s plan for economic and workforce development. The goals of the plan are to:

1. provide all young people with a smooth transition from school to the world of careers and work;

2. utilize workplaces as active learning environments;

3. provide guidelines for local and regional partnerships to develop initiatives that meet student and employer needs;

4. provide testing at certain grade levels that measures student’s knowledge and skills;

5. involve families in their children’s education and career planning; and

6. encourage employers to work in partnership with schools to set standards and provide work-based learning experiences.

The interagency transition council, created by RIGL 16-24-18, will serve as the liaison on behalf of individuals with disabilities consistent with the mandate of the Individuals with Disabilities Education Act (IDEA). These two programs are tied together.

Students who are Blind and/or Deaf 16-25

Parents of students who are blind and/or deaf may request that their child becomes a state beneficiary at "any suitable institution or school ... within or without of the state." The state is responsible for the cost of enrollment for all state beneficiaries at these special schools. The Department of Elementary and Secondary Education must supervise the education of these beneficiaries. Once placed, a student cannot be withdrawn from the school without approval of either the Department of Elementary and Secondary Education or the Governor.

Also the Department may supply services to care for and educate blind students who have not reached school age in cases where the parents are unable to properly provide these services.

Braille Instruction for Blind Students 16-25.1

In developing the IEP for students who have a vision loss, which makes reading print inefficient, proficiency in Braille reading and writing is essential. The assessment for such students shall include a Braille skill inventory. Braille instruction and use shall not be required, if in developing the IEP, all members of the placement team concur that the student's visual impairments does not effect reading and writing performance. The provision of other services does not preclude use of Braille. Nothing requires the exclusive use of Braille if other special education services are appropriate to the student's educational needs.

The board of regents for elementary and secondary education shall require teachers seeking certification to teach students who are blind or visually impaired to demonstrate competency in reading and writing Braille.

Instruction for Deaf or Hard of Hearing Students 16-25.2

In developing the IEP for students who are deaf or hard of hearing, the assessments necessary for the development of the program shall include a language assessment performed for each student to determine that student’s primary communication mode, style and language. The language assessment required for development of an IEP shall consider the primary means of communication to which the child is accustomed, the student’s ability and opportunities to communicate with others, whether hearing or not, and student and parent preferences for communication mode, style and language. A variety of options must be available when determining an appropriate program.

Education - School Speech and Language Pathologists 16-25.3

It is required that speech-language pathologists participate in the multidisciplinary team for students who receive speech-language services or students for whom such services are being considered. It is also required that the state regulation relating to speech or language impairments be reviewed as part of the triennial review of regulations conducted by the Rhode Island Department of Education.

Education - The Rhode Island American Sign Language Instruction Act of 1996 16-25.4-2 and 16-25.4-3

American Sign Language is a fully developed, autonomous, natural language with distinct grammar, syntax, vocabulary, and cultural heritage that is used by hearing, deaf and hard of hearing individuals in the United States. American Sign Language shall be accorded equal status with other linguistic systems in the state’s public and higher education systems. Successful completion of any American Sign Language course in the common schools will satisfy the foreign language entrance requirements for a state institution of higher education.

In encouraging more mainstreaming, it should be mentioned that the state’s Department of Education will incur all fees relating to sign language interpreters.

School for the Deaf 16-26

The Rhode Island School for the Deaf is open to anyone between from birth to twenty-one (21) years whose speech or hearing or both is impaired to such a degree that public schooling would not be advantageous. Students who are "mentally or otherwise incapable," however, are not eligible for admission. There is no charge for RI residents; residents of other states may be admitted upon payment of rates fixed by the board of regents for elementary and secondary education.

In addition, the Rhode Island School for the Deaf operates regional programs for students with hearing impairments whose educational needs are better served in the public schools. The city or town in which each student lives must assume the cost of this program; there is no charge to the student.

The board of trustees shall be comprised of nine (9) individuals, not less than five (5) of who shall be persons who are deaf and hard of hearing.

Regional Vocational Schools 16-45-1.1 & 4.1

The public vocational schools must promote equal access, enrollment and participation in vocational programs regardless of disability. Each city or town may contract with the William E. Davies Jr. Vocational-Technical High School to establish and operate programs for special populations including students with disabilities.

Education - Social Services 16-73

The Commissioner of Elementary and Secondary Education, working with the directors of the departments; of Health; Administration; Children, Youth and Families; Mental Health, Retardation, and Hospitals; and Substance Abuse shall develop a plan for creating "child opportunity zones" to deliver comprehensive and coordinated social services at or near public schools.

Education - Charter Schools 16-77

Charter schools provide an alternative within the public education system by offering opportunities for existing public schools, groups of public school personnel, school districts, non-profit educational contractors, and non-profit cultural and professional organizations to establish and maintain a public school program to the terms of its charter. The Commissioner of Elementary and Secondary Education may not waive the special education regulations.

For further information contact the:

Department of Education, Commissioners Office

Driver Education Program Included in IEP 31-10-19

A separate driver training program must be provided for each special needs student whose Individual Education Plan (IEP) states the necessity of a program that is different from that provided for students without IEP's. IEP's for Driver's Education are part of the Special Education IEP.

The community college of Rhode Island must provide a driver training program for physically disabled drivers to be instructed in the usage of adapted vehicles. The vehicles are to be provided by the disabled individual. A physically disabled person must be certified by a licensed physician that he or she is physically disabled and possesses sufficient potential to become a competent motor vehicle operator. The community college of Rhode Island is responsible for establishing a tuition fee sufficient to cover the cost of the program.

Commercial Driver’s Licenses 31-10.3-15

The Registry of Motor Vehicles shall not automatically deny a commercial driver’s license to an insulin dependent person nor to any person with a physical or mental disability whose physician certifies as being medically able to safely operate a motor vehicle. If the Registry of Motor Vehicles denies a commercial driver’s license, they must report the legal basis on which they rejected the applicant.

For further information contact the:

Registry of Motor Vehicles

Guardianship for Education – Educational Advocates for Children with Disabilities under the Care and Custody of the State 33-15.1-2

Whenever the family court places a child in the care and custody of the state, it shall enter an order indicating whether the parents or guardian are to be allowed to continue to make educational decisions on behalf of the child. At the same time, the family court shall make a record as to the residence of the child's parent(s) or guardian. The director of DCYF shall have the duty to update the child's parent's residence. If the court or state agency finds that the child is in need of special education, the court or state agency can request the Commissioner of Education to appoint an educational advocate to exercise the child’s rights under state and federal special education laws and regulations. The commissioner of elementary and secondary education shall also have the power to appoint an educational advocate when a child's parents or guardian cannot be identified or when the whereabouts of a parent cannot be determined. If a parent is identified or the whereabouts of the parent become known, then the commissioner shall terminate the appointment of the educational advocate.

Adult Education Commission 16-58

The Adult Education Commission is responsible for advocating for adult education and determining the need within Rhode Island for adult education. Individuals who participate in adult education including anyone above the compulsory school attendance and anyone who remains enrolled or re-enrolled in regular high school programs or enters or re-enters higher education prior to the age of twenty-five (25) and not excluding persons who are disabled.

Higher Education - Disability Accessibility 16-59-24

The Board of Governors for Higher Education must develop a policy for students with disabilities setting forth the steps necessary to ensure that all public colleges are accessible to persons with disabilities. The plan must consider all needs and adopt reasonable accommodations to achieve equal participation in educational opportunities. The State Building Code Standards Committee shall, by September 1, 1990, adopt a disability accessibility standard for public colleges.

For further information contact the:

Office for Higher Education

RI State Building Commission

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