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-20-30-6.8 - Procedural Safeguards
Universal Citation: 200 RI Code of Rules 20 30 6.8
Current through September 18, 2024
6.8.1 Due Process Procedures for Parents and Children
A. Responsibility of SEA and other public
agencies shall be in accordance with
34 C.F.R. §
300.500, incorporated by reference by
above.
B. Opportunity to examine
records; parent participation in meetings shall be in accordance with
34 C.F.R. §
300.501, incorporated by
reference above; provided, however:
1. Parent
involvement in placement decisions shall be in accordance with
34 C.F.R. §
300.501(c). In
addition:
a. The LEA shall make reasonable
efforts to ensure that the parents understand, and are able to participate in,
any group discussions relating to the educational placement of their child,
including arranging for sign or language interpreters.
C. Independent educational
evaluation shall be in accordance with
34 C.F.R. §
300.502, incorporated by reference above;
provided, however:
1. If a parent requests an
independent educational evaluation at public expense, the public agency shall
comply with
34 C.F.R. §
300.502(b) not later than
fifteen (15) calendar days from receipt of a request.
D. Prior notice by the public agency; content
of notice, shall be in accordance with
34 C.F.R. §
300.503, incorporated by reference
above; provided, however:
1. The written
notice required by
34 C.F.R. §
300.503(a) shall be
given within ten (10) school days.
E. Procedural safeguards notice shall be in
accordance with
34 C.F.R. §
300.504, incorporated by reference above;
provided, however that the notice required in
34 C.F.R. §
300.504(c) shall also
include a full explanation of the procedural safeguard available under
§6.8.1(U) of this Part.
F. The
use of electronic mail shall be in accordance with
34 C.F.R. §
300.505, incorporated by reference
above.
G. Mediation. The SEA shall
offer and implement a conflict resolution procedure called "mediation" in
accordance
34 C.F.R. §
300.506, incorporated by
reference above; provided, however:
1. Under
34 C.F.R. §
300.506(a),
each public agency must ensure that procedures are established to implement
34 C.F.R. §
300.506(a),
including referring a party seeking mediation to the SEA.
H. The filing of a due process complaint
shall be subject to the provisions of
34 C.F.R. §
300.507, incorporated by reference
above.
I. Due process complaints
shall be in accordance with
34 C.F.R. §
300.508,
incorporated by reference above.
J. The development and use of model forms
shall be provide in accordance with
34 C.F.R. §
300.509, incorporated by
reference above.
K. The resolution
process shall be in accordance with
34 C.F.R. §
300.510, incorporated by reference
above.
L. Impartial due process
hearings shall be conducted in accordance with
34 C.F.R. §
300.511, incorporated by reference above;
provided, however:
1. Under
34 C.F.R. §
300.511(b), the SEA shall
establish, implement, determine financial responsibility, and develop
procedures for administering a system of due process under this
section.
M. Hearing
rights shall be provided in accordance with
34 C.F.R. §
300.512, incorporated by reference
above.
N. Hearing decisions shall
be issued in accordance with
34 C.F.R. §
300.513, incorporated by reference
above.
O. Finality of decision;
appeal.
1. Finality of hearing decision. A
decision made in a hearing conducted pursuant to §§6.8.1(H) through
(N) of this Part or §§6.8.2(A) through (E) of this Part is final,
except that any party involved in the hearing may appeal the decision under the
provisions of §6.8.1(Q) of this Part.
P. Timelines and convenience of hearings and
reviews shall be in accordance with
34 C.F.R. §
300.515, incorporated by reference
above.
Q. Civil actions may be
brought in accordance with
34 C.F.R. §
300.516, incorporated by
reference above; provided, however:
1.
General. Under
34 C.F.R. §
300.516(a),
any party aggrieved by the findings and decision made under
§§6.8.1(H) through (N) of this Part or §§6.8.2(A) through
(E) has the right to bring a civil action with respect to the due process
complaint notice requesting a due process hearing under §§6.8.1(H) or
6.8.2(A) through (C) of this Part. The action may be brought in any State court
of competent jurisdiction or in a district court of the United States without
regard to the amount in controversy.
2. Time limitation. Under
34 C.F.R. §
300.516(b) the
party bringing the action shall have thirty (30) days from the date of the
receipt of the decision of the hearing officer to file a civil
action.
R. Attorneys'
fees shall be in accordance with
34 C.F.R. §
300.517, incorporated by reference
above.
S. Child's status during
proceedings shall be in accordance with 34 C.F.R. § 300. 518, incorporated
by reference above.
T. The
assignment of surrogate parents shall be in accordance with 34 C.F.R. § 300. 519, incorporated by reference above.
U. Transfer of parental rights at age of
majority.
1. When a child with a disability
reaches the age of eighteen (18) under R.I. Gen. Laws §
15-12-1 (except for a child with a disability who has been determined to be incompetent
under State law):
a. The public agency must
provide any notice required by this part to both the child and the parents; and
b. All rights accorded to parents
under Part B of the Act transfer to the child;
2. All rights accorded to parents under Part
B of the Act transfer to children who are incarcerated in an adult or juvenile,
State or local correctional institution; and
3. The public agency must notify the child
and the parents of the transfer of rights.
6.8.2 Discipline Procedures
A. Authority of school personnel; emergency
removal. Section
34 C.F.R. §§
300.530(c) through (h) is
incorporated by reference above.
1. Section
34 C.F.R §
300.530(a) is superseded by
the following (Case-by-case determination):
a. School personnel may consider any unique
circumstances on a case-by-case basis when determining whether a change in
placement, consistent with the other requirements of this section, is
appropriate for a child with a disability who violates a code of student
conduct.
b. If school personnel
determine that a child with a disability presents an immediate threat to him or
herself or to others, the child may be removed from school for the remainder of
the school day regardless of the number of days of suspension the child had
already accrued during that school year.
c. For any emergency removal under
§6.8.2(A)(1)(b) of this Part the public agency must follow the
requirements of this section.
2. Section
34 C.F.R. §
300.530(b) is superseded by
the following (School Removal):
a. Removals
for less than ten (10) days cumulative. School personnel under this section may
remove a child with a disability who violates a code of student conduct from
his or her current placement to an appropriate interim alternative educational
setting, another setting, or suspension, for not more than ten (10) consecutive
school days (to the extent those alternatives are applied to children without
disabilities).
(1) During the first ten (10)
school days of removal (cumulative) during the course of a school year, a
public agency may, but is not required to:
(AA) Provide educational services to the
child;
(BB) Conduct a manifestation
determination prior to the disciplinary removal;
(CC) Perform a functional behavioral
assessment of the child; or
(DD)
Develop a behavioral intervention plan to address the behavioral factors such
as the length of each removal, the total amount of time the child is removed,
and the proximity of the removals to one another.
b. Removals for more than ten (10)
days cumulative. After a child with a disability has been removed from his or
her current placement for more than ten (10) school days cumulative in the same
school year, during any subsequent days of removal the public agency must
provide services to the extent required under
34 C.F.R. §
300.530(d).
B. Determination of
setting shall be in accordance with
34 C.F.R. §
300.531, incorporated by reference
above.
C. Appeals and expedited due
process hearings shall take place in accordance with
34 C.F.R. §
300.532, incorporated by reference
above; provided, however:
1. An expedited due
process hearing shall be in accordance with
34 C.F.R. §
300.532(c), except
that the expedited due process hearing must conclude within twenty (20) school
days of the date that the complaint requesting the hearing is filed.
D. The child's placement during an
appeal shall be in accordance with
34 C.F.R. §
300.533, incorporated by reference
above.
E. Protections for children
not determined eligible for special education and related services shall be in
accordance with
34 C.F.R. §
300.534, incorporated by
reference above.
F. Referral to and
action by law enforcement and judicial authorities shall be in accordance with
34 C.F.R. §
300.535, incorporated by
reference above.
G. Change of
placement because of disciplinary removals.
1.
For purposes of removals of a child with a disability from the child's current
educational placement under §§6.8.2(A) through (F) of this Part, a
change of placement occurs if the removal is for more than ten (10) school days
cumulative in the same school year.
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