Rhode Island Code of Regulations
Title 200 - Board of Education
Chapter 20 - Council on Elementary and Secondary Education
Subchapter 30 - Student Supports
Part 6 - Regulations Governing the Education of Children with Disabilities
Section 200-RICR-20-30-6.5 - Local Education Agency General Requirements

1. Under 34 C.F.R § 300.101(a), provide FAPE until the child's twenty-first (21st) birthday or until the child receives a regular high school diploma.

2. Ensure FAPE is available in accordance with § 6.5.3 of this Part for children enrolled by their parents in private schools.

3. Provide FAPE for children suspended or expelled from school:

1. Under 34 C.F.R. § 300.102(a)(3)(iv), the term "regular high school diploma" does not include an alternative degree that is not fully aligned with the state's academic standards, such as a certificate or a general educational development credential (GED).

1. Under 34 C.F.R. § 300.323(a), each public agency may use whatever State, local, Federal, and private sources of support available in the State to meet the requirements of this part.

2. Under 34 C.F.R. § 300.323(c), the LEA must ensure that there is no delay in implementing a child's IEP, including any case in which the payment source for providing or paying for special education and related services to the child is being determined.

1. Extended school year services eligibility is determined by the IEP team through regression and recoupment analysis of the severity of academic achievement and/or functional skill regression a child experiences as a result of an interruption in special education services, the amount of time required to recoup the prior level of skill, likelihood of retention of learned skills, rate of progress during the school year, and whether meaningful progress on IEP goals is likely to be significantly jeopardized if ESY services are not provided.

1. General. Each LEA must have in effect policies and procedures to ensure that all of the following children with disabilities are identified, located, and evaluated, regardless of the severity of their disabilities, and who are in need of special education and related services:

2. Children currently served. Each local education agency must have in effect policies and procedures to ensure that a practical method is developed and implemented to determine which children are currently receiving needed special education and related services.

3. Provisions implementing child find. The following provisions apply with respect to implementing the child find requirements of this section:

4. Interagency agreement. The RI Department of Education and the RI Department of Human Services have executed interagency agreements which serve as the primary mechanism through which universal screening is conducted and which specify the administrative, fiscal, and programmatic responsibility of each department relative to Child Find activities. The use of an interagency agreement or other mechanism for providing for the Early Intervention lead agency's participation does not alter or diminish the responsibility of the LEA to ensure compliance with the requirements of this section.

5. Confidentiality of child find data. The collection and use of data to meet the requirements of this section are subject to the confidentiality requirements of these regulations.

1. To the maximum extent appropriate, children with disabilities, including children in public or private institutions or other care facilities, are educated with children who are non-disabled; and

2. Special classes, separate schooling or other removal of children with disabilities from the regular educational environment occurs only if the nature or severity of the disability is such that education in regular classes with the use of supplementary aids and services cannot be achieved satisfactorily.

1. Each public agency shall make available to children with disabilities the following continuum of special education programs:

1. General. All preschool children (ages 3 through 5) with disabilities shall receive an IEP or IFSP suited to their particular needs which shall include, but not be limited to, language development, symbol recognition, communication and socialization skills, health, perceptual and sensory-motor development, art, music and physical education.

2. Each public agency must make available to each child with a disability, aged three (3) through (5) years old, a program which represents the least restrictive environment (LRE) and the appropriate placement given the student's individualized education program (IEP) or individualized family service plan (IFSP). Unless the individualized education program (IEP) or individualized family service plan (IFSP) requires otherwise, special education and related services shall be provided in that setting in which the child would normally be placed if he or she did not have a disability. The SEA has guidelines to assist IEP teams in determining delivery of services decisions. The array of educational settings shall include the following placement opportunities:

1. General. In determining the educational services for a child with a disability in homebound and hospital instruction programs, the IEP Team shall determine what constitutes an appropriate program, including the consideration of whether the child is in need of an extended school year program, as required by §6.5.1(F) of this Part.

2. Homebound Instructional Programs.

3. Hospital Instructional Programs.

1. Under 34 C.F.R. § 300.116(a), in determining the educational placement of a child with a disability, including a preschool child with a disability, each public agency must ensure that:

2. In addition to the requirements of 34 C.F.R. § 300.116:

1. Not later than the child's third (3rd) birthday, an IEP or IFSP must be in effect for each eligible child with a disability.

2. If a child's third birthday occurs during the summer, the child's IEP team shall determine the date when services under the IEP or IFSP will begin.

3. At the time the child turns thirty (30) months, a transition team minimally consisting of a resident school district representative, the parent(s), an Early Intervention Program representative, and at the discretion of the parent(s) or agencies, other individuals who have knowledge or expertise regarding the child (including child care, Head Start, advocates and home provider, other family members, and related services personnel) must meet to develop a written plan which includes the activities to take place during the transition period, the timelines in which the activities will occur, and the persons responsible for carrying out these activities. Each LEA must respond within ten (10) school days to the Early Intervention (EI) transition notice and send an LEA representative to the thirty (30) month transition team meeting.

4. These activities will occur over a six (6) month period of time and will reflect the individual needs of the child and the participation of the child's family. For a child who will become thirty-six (36) months of age between May and September, these activities will occur on an adjusted timeline that will allow for the participation of all parties, and to ensure that the child will begin receiving special education and related services upon the opening of school, or when the child turns thirty-six (36) months if a child is eligible for an extended school year program.

5. As part of the transition plan, if a child is determined to be ineligible for special education services, the transition team will refer the family and child to appropriate community resources.

6. The LEA representative must have authority to commit resources.

1. Definition of "private school children with disabilities."

2. Services Available Under State Law.

3. Provision of services-basic requirement.

4. Services determined.

5. Services provided.

1. Parentally-placed private school children with disabilities has the same meaning as used in 34 C.F.R. § 300.130, incorporated by reference above; provided, however, the definition includes children with disabilities beginning at age three (3).

1. Each LEA must ensure that a child with a disability who is placed in or referred to a private school or facility by a public agency:

2. Is provided an education that meets the standards that apply to education provided by the SEA and the LEA including the requirements of this part, except for the personnel requirements at §6.5.8(A) of this Part; and

3. Has all of the rights of a child with a disability who is served by a public agency.

1. Under 34 C.F.R. § 300.153(c), the complaint must allege a violation that occurred not more than one (1) year prior to the date that the complaint is received in accordance with these regulations unless a longer period is reasonable because the violation is continuing, or the complainant is requesting compensatory services for a violation that occurred not more than three years prior to the date the complaint is received under these regulations and in accordance with §6.5.6(A) of this Part.

1. Under 34 C.F.R. § 300.156(a):

1. Staffing. It is the responsibility of the public agency to assess the needs of students with disabilities, assign personnel in accordance with those needs, and evaluate the delivery of services to determine whether the agency's program conforms to the requirements of this Part and the IDEA.

2. Special Education Administrators. Every public agency shall employ a sufficient number of special education administrators necessary to carry out the requirements of this Part and the IDEA. Any public agency may enter into an agreement with one or more other public agencies to employ the required number of special education administrators in operation of a regional special education program

3. Other Personnel. Every public agency shall employ a sufficient number of professionals, paraprofessionals, and assistants to meet all of the evaluation and placement timelines, as well as each student's individual service needs identified through the evaluation, and resulting in the individualized education program (IEP). Caseloads shall be assigned by the public agency in a prudent and equitable manner, based on the time required to properly serve the needs of the students with disabilities involved, as determined by the evaluation process and resulting in the IEP.

4. Reporting. Every public agency shall provide RIDE with the agency's policy to determine the number and types of personnel required under this section, and a description of the public process the agency used to develop its policy. Every public agency shall report annually to RIDE the agency's plan, pursuant to said policy, to comply with this regulation, including the number of full-time equivalent positions of special education administrators, special education teachers, school psychologist, speech/language pathologists, school social workers, and physical and occupational therapists, respectively, it uses to meet the needs of students with disabilities.

5. The Commissioner of Education may establish a class size maximum and/or staffing ratios for any group(s) of personnel, class, school, or district, if the commissioner determines that:

6. Any decision made under this section by the Commissioner may be appealed under R.I. Gen. Laws § 16-39-3.

1. RIDE shall establish and maintain an advisory panel in accordance with 34 C.F.R. § 300.167, incorporated by reference above.

1. General. The advisory panel, consisting of members appointed by the Commissioner of Elementary and Secondary Education, shall meet the requirements of 34 C.F.R. § 300.168, incorporated by reference above.

1. The duties of the advisory panel shall be in accordance with 34 C.F.R. § 300.169, incorporated by reference above.

1. The LEAs identified as having disproportionality must comply with the provisions of § 6.9.3 of this Part.