The bill proposes the creation of the Office of the Special Education Ombud in Rhode Island, an independent entity from the Rhode Island Department of Education, to assist individuals, including students, parents, teachers, and advocates, in navigating and ensuring compliance with special education programs and services as per state and federal law, including the Individuals with Disabilities Education Act (IDEA). The Special Education Ombud will be appointed by the governor with the advice and consent of the senate for a five-year term, and the appointment will be made from a list of candidates provided by a committee representing various organizations. The bill defines key terms and outlines the qualifications for committee members, who must have knowledge of federal and state special education law, civil rights, or experience with IEPs and 504 Plans.
The bill details the powers and duties of the state special education ombud, including monitoring and investigating special education services, assisting students and guardians, identifying patterns of concerns, 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 to the governor and general assembly. The ombud has the authority to investigate complaints, with specific conditions for investigation, and may recommend actions to the department following an investigation. The bill also sets provisions for when the ombud may not investigate a complaint, ensures confidentiality in compliance with FERPA and HIPAA, and establishes conflict of interest provisions. The act will take effect upon passage.