200 R.I. Code R. 200-RICR-20-30-6.5

Current through December 3, 2024

Section 200-RICR-20-30-6.5 - Local Education Agency General Requirements

6.5.1 Free appropriate public education (FAPE) Requirements

A. An LEA must provide free appropriate public education in accordance with 34 C.F.R § 300.101, incorporated by reference above; provided, however, that each LEA shall:

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:

a. An LEA need not provide services to a child with a disability who has been removed from his or her current placement for ten (10) school days or less in that school year, if services are not provided to a child without disabilities who has been similarly removed.

b. In the case of a child with a disability who has been removed from his or her current placement for more than ten (10) school days in that school year, the LEA, for the remainder of the removals, must:

(1) Provide services to the extent necessary to enable the child to appropriately progress in the general curriculum and appropriately advance toward achieving the goals set out in the child's IEP. The child's IEP team determines the extent to which services are necessary to enable the child to appropriately progress in the general curriculum and appropriately advance toward achieving the goals set out in the child's IEP if the child is removed because of behavior that has been determined not to be a manifestation of the child's disability.

c. In the case of a child who is removed from his or her current placement to an interim alternative educational setting for reasons described in §§6.5.1(c)(2) and (3) of this Part, the LEA must

(1) Provide services consistent with 34 C.F.R. § 300.530, regarding determination of the appropriate interim alternative educational setting, if the removal is:

(AA) For drug or weapons offenses under 34 C.F.R. § 300.530; or

(BB) Based on a hearing officer determination that maintaining the current placement of the child is substantially likely to result in injury to the child or to others if he or she remains in the current placement, consistent with 34 C.F.R. § 300.532.

B. The limitation-exception to FAPE for certain ages shall be in accordance with 34 C.F.R. § 300.102, incorporated by reference above; provided, however:

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).

C. FAPE-methods and payments are required in accordance with 34 C.F.R. § 300.103, incorporated above; provided, however:

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.

D. Residential placement shall be provided in accordance with 34 C.F.R. § 300.104, incorporated by reference above.

E. Assistive technology shall be provided in accordance with 34 C.F.R. § 300.105, incorporated by reference above.

F. Extended school year services shall be made available in accordance with 34 C.F.R. § 300.106, incorporated by reference above. In addition to the requirements set forth in 34 C.F.R. § 300.106, each public agency must also meet the following extended school year standards:

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.

a. IEP team decisions regarding extended school year services are based upon a variety of data including retrospective data, predictive data, peer reviewed research, evidenced based best practice and other critical factors.

b. IEP team considerations include, but are not limited to the following possible factors when determining the child's individual need for ESY services:

(1) the nature and/or severity of the child's disability;

(2) the child's rate of learning;

(3) the degree of progress towards IEP goals and objectives or for children transitioning from IDEA Part C services (Early Intervention) to IDEA Part B services, consideration of the degree of progress toward Individual Family Service Plan (IFSP) outcomes;

(4) the child's stereotypic, ritualistic, aggressive or self-injurious interfering behaviors;

(5) the physical needs of the child;

(6) emerging skills and breakthrough opportunities;

(7) the ability of the child to interact with typically developing peers;

(8) the child's post-school outcomes and vocational needs;

(9) other special circumstances as determined by the IEP team.

c. ESY instruction is focused on those specific IEP goals and objectives severely impacted by extended breaks in instruction.

G. Nonacademic services shall be provided in accordance with 34 C.F.R. § 300. 107, incorporated by reference above.

H. Physical education services shall be provided in accordance with 34 C.F.R. § 300. 108, incorporated by reference above.

I. Program options shall be provided by each public agency in accordance with 34 C.F.R.§ 300.110, incorporated by reference above.

J. Child find.

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:

a. All children aged three (3) through twenty-one (21) residing in the LEA, including children with disabilities who are homeless children or are wards of the state, excluding, children parentally placed in private, including religious, schools located outside the LEA that meet the definitions under 34 C.F.R § 300.13 and 34 C.F.R. § 300.36;

b. All children with disabilities, regardless of residence, enrolled by their parents in private, including religious, schools that are located in the district served by the LEA and meet the State definition of an elementary or secondary school, in accordance with 34 C.F.R § 300.131 (Child Find for parentally-place private school children with disabilities); 34 C.F.R § 300.13 (Elementary School); and 34 C.F.R § 300.36 (Secondary School); and

c. For children aged three (3) through five (5) years, the screening procedures must be consistent with the Rhode Island Guidelines for Implementing Child Outreach Screening, as adopted by the Rhode Island Board of Regents.

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:

a. Documents relating to child find. Each LEA must have on file the policies and procedures described in §§6.5.1(J)(3)(a) ((1)) and ((2)) of this Part below, including:

(1) The name of the LEA Representative responsible for coordinating the planning and implementation of the policies and procedures under §6.5.1(J)(1) of this Part;

(2) The name of each agency that participates in the planning and implementation of the child find activities and a description of the nature and extent of its participation;

(3) The number of children with disabilities within each disability category that have been identified, located, and evaluated; and

(4) Information adequate to evaluate the effectiveness of those policies and procedures; and

(5) A description of the method the LEA uses to determine which children are currently receiving special education and related services.

b. Child find for children from birth through age two (2) (until the child turns age three) with the Department of Human Services as the lead agency administering Part C of the Act. The RI Department of Human Services is the lead agency for administering Part C of the Act, and implements a comprehensive system of child find activities including:

(1) Prior notice;

(2) Universal screening;

(3) Acting on direct referrals; and

(4) Evaluation and assessment procedures.

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.

K. Individualized education programs (IEP) shall be provided by each public agency in accordance with 34 C.F.R. § 300.112, incorporated by reference above.

L. Routine checking of hearing aids and external components of surgically implanted medical devices shall be conducted in accordance with 34 C.F.R. § 300.113, incorporated by reference above.

6.5.2Least Restrictive Environment (LRE) requirements

A. Except as provided in §6.7.5(A) of this Part (34 C.F.R. § 300.324(d)(2)) (regarding children with disabilities in adult prisons), each public agency must ensure that:

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.

B. Continuum of alternative placements shall be in accordance with 34 C.F.R. § 300.115, incorporated by reference above.

C. Continuum of special education placements and services.

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

a. Placement of the child in a general education class with special education consultation, supplementary aids and services or part-time services in a special class. The special educator(s) shall consult with the child's parent and general education teachers.

b. Placement in a special class integrated in a school district building. Placement must be based on similarity of student strengths and needs for the purpose of ensuring academic achievement and functional performance. Such classes must be taught by a special education teacher, together with other appropriately certified specialists providing related services. These professionals shall also consult with the child's parents.

c. Home or hospital instruction provided by special education teachers, general education classroom teachers or regular education, subject-matter teachers, together with other appropriately certified specialists providing related services, as needed; to any child with a disability whose health status warrants home or hospital instruction.

d. Special education day school placement in a separate public school or non-public facility whose special education program has been approved by the Rhode Island Commissioner of Elementary and Secondary Education.

e. Special education residential school placement in a separate public or non-public facility whose special education program has been approved by the Rhode Island Commissioner of Elementary and Secondary Education.

f. A continuum of services must be available to enable each child ages fourteen (14) to twenty-one (21) or earlier if appropriate, or upon graduation with a regular high school diploma, to achieve his or her measurable post-secondary goals as defined in §§ 6.4(JJ) and 6.7.4(A)(2) of this Part.

D. Continuum of special education placements and services for children aged three (3) through five (5).

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:

a. Temporary placement in any educational setting as described in this Section, for a period of no more than thirty (30) days, when necessary to aid in determining educational objectives and the appropriate placement for an eligible child with a disability. Prior to such placement, an interim individualized education program (IEP) or individualized family service plan (IFSP) shall be developed which specifies the conditions and timelines for the temporary placement. Upon the close of the interim period, an individualized education program (IEP) or individualized family service plan (IFSP) meeting shall be conducted to finalize the child's individualized education program (IEP) or individualized family service plan (IFSP).

b. Placement in a general early childhood setting with on-site consultation by an early childhood special educator and/or provider(s) of related services to the general education teacher and/or to the family and, when indicated by the individualized education program (IEP) or individualized family service plan (IFSP), direct intervention with the child. Early childhood settings include, but are not limited to: general kindergarten classes, public and non-public preschools, Head Start programs, early care and education centers, home/early childhood combinations, home/Head Start combinations, or home based child care, which meet federal or state requirements. In these settings, children receive all of their special education and related services in programs designed primarily for children without disabilities.

c. Placement in an integrated preschool class designed primarily for preschool children with disabilities and including children without disabilities that is located in a public school building. The maximum class size shall be no more than fifteen (15) children with less than fifty percent (50%) being children with disabilities. The staff shall include at a minimum, an early childhood special educator and teacher assistant with the provision of additional staff as indicated by the needs of the children and their individualized education programs (IEPs) or individualized family service plans (IFSPs.)

d. Home-based special education and, where appropriate, related services provided to the child together with his or her parent(s) or primary care provider. Home visits shall include instruction for the parent or primary care provider, demonstration of specific tasks and provision of developmental toys and materials for the parents or primary care provider to use with the child. A home-based program may supplement placement in another program option or, for pre-kindergarten-aged students be available as the primary placement, unless the child's needs, as determined by the evaluation process, can more appropriately be met in a group setting. When implemented as the primary placement, home visits shall be scheduled at least weekly and in accordance with the individualized education program (IEP) or individualized family service plan (IFSP.)

e. Placement at home or in a general early childhood setting with supplementary placement in an early childhood special education setting for a portion of the school day or week.

f. Full-time placement in an early childhood special education setting which is located in a public school building or other community based early childhood facility.

g. Placement in a special education day school.

h. Placement in a residential special education school.

E. Continuum of special education placements and services: homebound and hospital instructional programs.

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.

a. The home atmosphere shall be conducive to learning. Special conditions recommended by the physician shall be observed.

b. The minimum number of hours of instruction shall be five (5) hours per school week at the elementary level of education and six (6) hours at the secondary level of education unless fewer hours are recommended by the physician. Depending on the physical condition of the child, a number of instructional hours greater than the minimum number of hours required per week is permissible.

c. A complete record of homebound teaching activities shall be maintained.

d. Homebound instruction shall be coordinated with the work of the regular education class so that return to school (if this is possible) will require little readjustment, or so that the long-term homebound instruction may approximate the regular education curriculum to the highest degree possible.

e. The use of a home-to-school telephone system or other appropriate technological system should be employed whenever possible. In such cases, however, a teacher should provide instruction in the student's home for at least one (1) hour each school week.

f. Children with disabilities who receive homebound instruction shall be provided with summer tutoring, if they are unable to complete their current school year because of health reasons.

g. Teachers of homebound instruction shall hold Rhode Island teaching certificates in the area appropriate to educate and provide related services to the student with a health impairment, a physical disability or to the student's disability condition.

h. School districts shall not use home tutoring programs as a substitute for in-school programs nor as a means of excluding students with disabilities from in-school programs.

3. Hospital Instructional Programs.

a. Hospital special education instructional programs shall meet the same criteria as that specified for homebound instructional programs when dealing with acute medical problems. In addition, private and State hospitals wishing to establish their in-patient educational programs or out-patient instructional programs must be approved by the Rhode Island Commissioner of Elementary and Secondary Education before they may operate such programs in Rhode Island and shall follow the same procedure and criteria for approval as outlined for non-public schools and State-operated school programs.

b. Certification of Hospital Teaching Personnel.

c. All teachers employed in hospital programs shall be trained and certified to provide special education in the area of basic disability for which the hospital program is established.

F. Placements shall be in accordance with 34 C.F.R. § 300.116, incorporated by reference above; provided, however:

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:

a. The placement decision:

(1) Is made by an IEP team, including the parents, and other persons knowledgeable about the child, the meaning of the evaluation data, and the placement options; and

(2) Is made in conformity with the LRE provisions of this section, including §§6.5.2(A) through (H) of this Part, and

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

a. In providing services to children with disabilities in special classes the age range of the children shall not exceed four (4) years. An exception to this requirement can be made only by the IEP team based on the documented needs of the child and with the agreement of the parents of all of the other students in the class where placement is sought.

G. Nonacademic settings shall be provided in accordance with 34 C.F.R. § 300.117, incorporated by reference above.

H. Each public agency shall ensure that LRE requirements are met in accordance with 34 C.F.R. § 300.118, incorporated by reference above.

I. Technical assistance and training activities shall be carried out by each public agency in accordance with 34 C.F.R. § 300.119, incorporated by reference above.

J. Transition of children from Part C of the Act to preschool programs:

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.

6.5.3 Children with Disabilities Enrolled by Their Parents in Private Schools

A. FAPE for children with disabilities enrolled by their parents in private schools:

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

a. As used in this part, private school children with disabilities means children with disabilities, beginning at age three (3), enrolled by their parents in private, including religious, schools or facilities that meet the definition of elementary school in § 6.4(I) of this Part or secondary school in § 6.4(DD) of this Part, other than children with disabilities covered under § 6.5.4 of this Part.

2. Services Available Under State Law.

a. As required by R.I. Gen. Laws § 16-24-1, each private school child with a disability is entitled to FAPE provided by the school committee of the city or town where the child resides. A parent of a private school child may seek FAPE by requesting from the LEA of residence an initial evaluation to determine if the child is a child with a disability. The LEA of residence shall evaluate and determine the child's eligibility for FAPE. A determination of eligibility for services under §§6.5.3(B) through (P) of this Part shall not be a prerequisite to a request for FAPE. Absent a request for FAPE, the LEA of residence will not be considered to be in violation of the requirement to make FAPE available to the private school child with a disability.

3. Provision of services-basic requirement.

a. General. Each LEA of residence shall make FAPE available to eligible students with disabilities who are enrolled by their parents in private schools. The LEA of residence shall determine the student's eligibility for FAPE.

b. LEA Responsibility. Each LEA of residence shall ensure that, an IEP is developed and implemented for each eligible child with a disability enrolled by their parents in a private school and that the child is afforded all of the rights of a child with a disability served by the LEA.

4. Services determined.

a. A private school child with a disability has a right to FAPE.

b. Decisions about the services that will be provided to private school children with disabilities must be made by the IEP team.

5. Services provided.

a. General. The services provided to private school children with disabilities by the LEA must be provided by personnel meeting the same standards as personnel providing services in the public schools.

b. Services provided in accordance with an IEP.

(1) Each private school child with a disability who has been designated by the LEA of residence to receive special education and related services must have an IEP.

B. Definition of parentally-placed private school children with disabilities.

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).

C. Each LEA must conduct child find in accordance with 34 C.F.R. § 300.131. In addition to the requirements of 34 C.F.R. § 300.131(b), each LEA must provide notice to parents of the right to FAPE under §6.5.3(A) of this Part.

D. Services for parentally-placed private school children with disabilities shall be provided in accordance with 34 C.F.R. § 300.132, incorporated by reference above.

E. Expenditures shall be in accordance with 34 C.F.R. § 300.133, incorporated by reference above.

F. Consultation shall take place in accordance with 34 C.F.R. § 300.134, incorporated by reference above.

G. Written affirmation shall be required in accordance with 34 C.F.R. § 300.135, incorporated by reference above.

H. Compliance shall take place in accordance with 34 C.F.R. § 300.136, incorporated by reference above.

I. Equitable services shall be determined in accordance with 34 C.F.R. § 300.137, incorporated by reference above.

J. Equitable services shall be provided in accordance with 34 C.F.R. § 300.138, incorporated by reference above.

K. Location of services and transportation shall be determined in accordance with 34 C.F.R. § 300.139, incorporated by reference above.

L Due process complaints and State complaints shall be in accordance with 34 C.F.R. § 300.140, incorporated by reference above.

M. The requirement that funds not benefit a private school shall be in accordance with 34 C.F.R. § 300.141, incorporated by reference above N. Use of personnel shall be in accordance with 34 C.F.R. § 300.142, incorporated by reference above.

O. The prohibition of separate classes shall be in accordance with 34 C.F.R. § 300.143, incorporated by reference above.

P. Property, equipment, and supplies shall be provided in accordance with 34 C.F.R. § 300.144, incorporated by reference above.

6.5.4Children with Disabilities in Private Schools Placed or Referred by Public Agencies

A. §§6.5.4(B) and 6.5.4(C) of this Part shall apply in accordance with 34 C.F.R. § 300.145, incorporated by reference above.

B. Responsibility of LEA.

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:

a. Is provided special education and related services:

(1) In conformance with an IEP that meets the requirements of §§6.7.4(A) through 6.7.5(B) of this Part and

(2) At no cost to the parents;

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.

C. Implementation by SEA shall be in accordance with 34 C.F.R. § 300.147, incorporated by reference above.

6.5.5Children with Disabilities Enrolled by Their Parents in Private Schools When FAPE is at Issue

Placement of children by parents when FAPE is at issue shall be in accordance with 34 C.F.R. § 300.148, incorporated by reference above.

6.5.6State Complaint Procedures

A. The State has adopted complaint procedures in accordance with 34 C.F.R. § 300. 151, incorporated by reference above.

B. The State complaint procedures shall include those set forth in 34 C.F.R. § 300. 152, incorporated by reference above.

C. Complaints shall be filed in accordance with 34 C.F.R. § 300.153, incorporated by reference above; provided, however:

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.

6.5.7Methods of Ensuring Services

Methods of ensuring services shall be in accordance with 34 C.F.R. § 300.154, incorporated by reference above.

6.5.8Additional Eligibility Requirements

A. Personnel qualifications shall be in accordance with 34 C.F.R. § 300.156, incorporated by reference above; provided, however:

1. Under 34 C.F.R. § 300.156(a):

a. The LEA must ensure that personnel necessary to carry out the purposes of this part are appropriately and adequately prepared and trained, including that those personnel have the content knowledge and skills to serve children with disabilities.

b. Certification-Licensure. All professional personnel, whether employed on a full-time or part-time basis, or under a contractual agreement, for whom certificates or licenses are required by State law and/or regulations, shall hold appropriate certificates or licenses. Where no such mandates exist, such personnel shall show evidence satisfactory to RIDE that they have appropriate professional training and/or experience to perform satisfactorily and successfully in their respective areas.

B.Personnel Requirements

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:

a. The plan submitted by the district under §6.5.8(B)(4) of this Part is insufficient to fulfill the requirements of this section,

b. The district has failed to comply with the terms of the plan submitted by the district under §6.5.8(B)(4) of this Part, or

c. Student performance within or throughout the district warrants intervention as dictated through R.I. Gen. Laws § 16-7.1-5

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

6.5.9State Advisory Panel

A. State advisory panel

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

B. Membership

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.

C. Duties

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

6.5.10Other Provisions Required for State Eligibility

A. The requirements regarding the over identification and disproportionality shall be met in accordance with 34 C.F.R. § 300.173, incorporated by reference above; provided, however:

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

B. Mandatory medication shall be prohibited in accordance with 34 C.F.R. § 300.174, incorporated by reference above.

200 R.I. Code R. 200-RICR-20-30-6.5

Adopted effective 1/9/2019