The bill amends Section 16-24-1 of the General Laws in Chapter 16-24, which pertains to the provision of special education for children with disabilities. The amendment clarifies the duty of the school committee to provide special education that satisfies the needs of children with disabilities, as recommended by the state board of education. It includes new language that ensures parents and guardians of children with disabilities who are placed in private schools by their parents have the same rights and remedies as those in public schools, including all rights under the federal Individuals with Disabilities Education Act (IDEA) and procedural safeguards. Additionally, the amendment confers jurisdiction on the superior courts of the State of Rhode Island to hear civil actions related to special education services and to award attorneys' fees to a prevailing party in such cases.

The bill also defines the responsibilities of public school districts for children with disabilities who are unilaterally placed in private schools by their parents, including the provision of services related to the child's disability as outlined in the individual education plan (IEP). It specifies the definition of a free and appropriate education, the continuation of an IEP when a child moves to a new town or city, and the extension of benefits up to the child's twenty-first birthday or the conclusion of their academic year if they are enrolled in a postsecondary or transitional program. The bill mandates that local educational agencies and state adult service agencies provide notice of rights and obligations to the child and their parents or guardians as the child approaches twenty-one years of age. The bill also includes language that ensures the provision of speech-language pathology services is not terminated solely based on the child's age. The act would take effect upon passage.

Statutes affected:
5044: 16-24-1