200 R.I. Code R. 200-RICR-20-30-6.10

Current through December 3, 2024

Section 200-RICR-20-30-6.10 - Additional Requirements

6.10.1 Local Advisory Committee on Special Education

A. Local advisory committee on special education (LAC).

1. The school committee of each local educational or regional special education program shall appoint an Advisory Committee on Special Education. The school committee shall approve the by- laws of the advisory committee.

2. Membership: Each local or regional committee shall be composed of persons involved in or concerned with the education of students with disabilities. Parents of students with disabilities shall compose a majority of the committee membership, and at least fifty percent (50%) of this majority shall be selected by the parents of students with disabilities. A regional committee shall reflect an equal distribution of representatives from each of the school districts that comprise the regional program. Membership shall include an individual with a disability, a public school administrator, a special education teacher, a general education teacher and other members of the community at the discretion of the committee and school board.

3. Functions and Responsibilities of the LAC: The committee shall advise the school district or regional program on matters concerning the unmet needs of students with disabilities, comment on improvement plans including school support plans resulting from IDEA Part B compliance reports, local compliance with state and federal laws pertaining to the education of students with disabilities, comment on applications for federal and state funds and serve as advocates in partnership with parents for students with disabilities to ensure that they receive the entitlements provided to them under state and federal laws.

4. Duties and Responsibilities of the Local or Regional Agency: The local or regional educational agency shall provide support to the committee by contracting for technical assistance services with the Rhode Island designated Parent Training and Technical Assistance Agency or other community- based non-profit parent organization. Such technical assistance shall include the role of advisory committees in advocating for children, state and federal regulations, community resources, strategic planning and development of an annual report to the school committee. The local or regional educational agency shall also provide school and district improvement plans to the committee for comment and make available appropriate records and data as permitted by law. The public agency shall also support the committee in disseminating information to parents of students regarding the role of the advisory committee, information pertaining to special education and inform the committee of professional development opportunities that are available within the LEA.

5. Conduct of Meetings: The committee shall meet as often as necessary to conduct its business but at least four times annually. Official minutes shall be kept of all committee meetings and be available for public review. All committee meetings and agendas shall be publicly announced prior to any meeting, and meetings shall be open to the public.

6. Members of the committee shall serve without compensation but may be reimbursed for reasonable and necessary expenses for attending meetings and performing duties.

7. Parent Notification of Local or Regional Advisory Committee: When a child is referred to special education, each school district or regional special education program shall provide the parents with notification of the existence of the Local or Regional Advisory Committee for Special Education established in compliance with this Part. The notification shall specify that a majority of the Local Advisory Committee (LAC) on Special Education is parents of children with disabilities, and shall inform the parents how the chairperson of the Local Advisory Committee (LAC) for Special Education or the Regional Advisory Committee on Special Education may be contacted.

6.10.2 Regional Transition Services Advisory Committee

A. Regional transition services advisory committee (TAC).

1. Within each of the legislatively created Collaboratives and Providence, there shall be a Transition Advisory Committee (TAC) that will conform to guidelines issued by RIDE. The membership of the TAC shall meet monthly during the school year. By the first of July of each year, the TAC shall submit to the State Transition Council an annual report of activities and recommendations.

6.10.3 Transportation

A. Transportation services for children with disabilities.

1. Responsibility. All students with disabilities who need special transportation as a related service and as determined by the evaluation process and described in the individual education program (IEP) shall be provided such service. It shall include free transportation from home to the educational program in which the child is enrolled. It shall also include free transportation to and from the clinical, diagnostic and therapeutic facilities when the clinical, diagnostic and therapeutic services are necessary to complete the child's evaluation or to provide the services required in the child's IEP.

2. Specific Requirements.

a. Appropriate devices, which accommodate specific transportation needs of the child, must be provided on an individualized basis.

b. A minimum of one (1) aide must be assigned to each bus used for special transportation. Such aide, in addition to providing general care and supervision to all children with disabilities on such bus, shall also provide assistance (from street level entrance of the child's dwelling) to such children lacking the mobility to leave the home and board transportation vehicles, and shall further assist such children in disembarking the vehicle and entering school. When children are transported to clinical, diagnostic or therapeutic facilities, determination of whether a bus aide is necessary shall be based on the judgment of the IEP Team.

c. School districts shall provide in-service training for administrative personnel, drivers and aides providing special education transportation services in order that they may effectively deal with the children with disabilities and understand the issues and concerns of the parents of such children.

d. Scheduling of transportation vehicles shall be planned whenever possible in such a manner as to provide for the least amount of travel time necessary to transport children with disabilities from home to school and back home again. When travel time for children with disabilities who are receiving special transportation is found to exceed one (1) hour to or from the location of special education services, the parent(s) shall be notified in writing. This notice will include the reason(s) for the duration of the travel time and the notification must include a description of the parent(s) right to an appeal. The school district will submit a copy of the notification to the Director of the Office of Student, Community and Academic Supports at RIDE. This notice will include the reason(s) for the duration of the travel time.

e. All vehicles used in the transportation of children with disabilities as a related service shall be equipped with two-way communication devices in case of an emergency.

6.10.4 Non-Public and State Operated School Programs

A. Non-public and State operated school programs.

1. To be eligible for approval by RIDE, special education programs conducted in private and state- operated schools in Rhode Island shall meet the regulations governing the approval of school programs. Private and state operated school programs shall be evaluated in the same manner, on the same schedule and with the same criteria and procedures as utilized for public schools in Rhode Island and shall be subject to on-site visits by the Rhode Island Commissioner of Elementary and Secondary Education or the Commissioner's authorized representative as often as is deemed necessary by RIDE. Approval of such programs shall be on a triennial basis.

2. All special education programs in any private and state operated day or residential school shall meet the same standards as those established for public school programs.

3. Private and state operated school programs shall provide services by appropriately certified personnel in accordance with the needs of the students with disabilities to be served, as determined by the IEP process. Caseloads for specialized personnel shall be assigned based on the time required to meet the needs of children with disabilities, as determined by the IEP process.

4. Monitoring of a child's progress in a private day or residential school program shall be conducted by the special education director or designee, trained in the child's area of need, who shall be from the school district where the child resides.

5. Special Education programs for children with disabilities in state operated schools shall be monitored by RIDE.

6. Private day or residential programs shall employ a certified administrator of special education, whose basic responsibilities shall be the overall administration and supervision of the special education program, and whose schedule shall be determined based on the time required to meet the needs of the children with disabilities

7. Each private day and residential school program shall have a statement of financial stability which identifies sufficient assets to establish and maintain a satisfactory program of education on a continuing basis. The owner(s) of a school, whether for initial approval or renewal of approval, shall also furnish statements of income and retained earnings and changes in financial position. These statements shall include in a clearly identifiable manner, records of receipts and expenditures, personnel salaries, and tuition. All statements shall be prepared by a Public Accountant or Certified Public Accountant, but need not be certified by the Accountant or supported by an audit. These statements shall be accompanied by a notarized statement by the owner(s) or the director of the school that the financial statements are true and correct, and shall identify the name of the Public Accountant or Certified Public Accountant who prepared the statements.

8. Information on tuition and/or fee schedule shall be submitted to RIDE in accordance with forms and instructions supplied by RIDE as part of the school approval application.

9. Each non-public day and residential school program shall use and have available for inspection written administrative procedures that encompass the following:

a. Provision for emergency and early termination of children including prior consultation with the special education director in the school district of the child's residence in order to provide for an orderly transfer of responsibility back to this special education director.

b. Provision of procedural safeguards which cover the same areas required for public schools.

c. Provision for parental involvement including parental education and counseling.

d. Provision for staff training.

e. Provision of measures which protect all students from exposure to humiliation or verbal abuse or any form of corporal punishment that could be construed as cruel or severe.

f. Provision of written reports on each child which are mailed to the child's parents and the special education director in the child's resident school district at least as often as the public school district reports progress to parents of non-disabled children.

10. State responsibility.

a. In ensuring that each LEA meets their responsibilities under §§6.5.4(A) through (C) of this Part, RIDE shall:

(1) Monitor compliance through procedures such as written reports, on-site visits, and parent questionnaires;

(2) Disseminate copies of applicable standards to each private school and facility to which an LEA has referred or placed a child with a disability; and

(3) Provide an opportunity for those private schools and facilities to participate in development and revision of State.

200 R.I. Code R. 200-RICR-20-30-6.10

Adopted effective 1/9/2019