This bill proposes the creation of the Office of the Special Education Ombud in Rhode Island, an independent state office dedicated to serving as a resource for students with disabilities and their families. The office is tasked with ensuring compliance with individualized education programs (IEPs) and related services, as well as monitoring and investigating the Rhode Island Department of Education's actions regarding special education services. The bill defines key terms and states that the special education ombud will be appointed by the governor, with senate approval, for a five-year term, from a list provided by a committee with representatives from various organizations involved in special education. The committee will include additional members such as a disabilities council or designee and a child advocate or designee, with expertise in special education law and experience with IEPs and 504 Plans.
The bill outlines the powers and duties of the state special education ombud, including monitoring and investigating the department's complaint and dispute resolution processes, assisting students and guardians, informing them about resources, ensuring timely access to services, identifying issues, collaborating with educational agencies, collecting data, and providing training. The ombud is also responsible for analyzing laws and policies, recommending changes, facilitating public comment, and submitting an annual report. The office has the authority to investigate complaints and recommend actions to the department, and it sets conditions for when an investigation may not be pursued. The bill emphasizes confidentiality and compliance with FERPA and HIPAA, addresses potential conflicts of interest, and prohibits certain financial relationships. Additionally, the bill requires the provision of an evaluation method for families to give feedback on special education services, with the ombud having access to the data collected. Legal counsel for the office is included, along with measures against interference and non-compliance by school districts or the department. The bill would become effective upon passage.