Section 214-RICR-30-00-1.13 - Educational StabilityA. Children, including children with disabilities, placed in the custody of the Department must receive the free, appropriate public education to which they are entitled.B. The Department ensures that the initial and each subsequent placement of the child: 1. Considers the appropriateness of the current educational setting and the proximity to the school in which the child is enrolled at the time of placement;2. Allows the child to remain in the school in which the child is enrolled at the time of the initial or each subsequent placement. The Department works with Local Education Agencies (LEAs), the RI Department of Education, parent(s)/educational advocates, child and other appropriate parties to maintain the child in their school of origin; or3. If an educational best interest decision is made that it is not in the child's best interest to remain in their school of origin, the child is immediately and appropriately enrolled in a new school with all the child's educational records provided to the school.C. If an educational best interest decision is made that the child should change schools, the Department works with the sending and receiving LEAs and coordinates with the RI Department of Education.D. In circumstances where a child cannot be provided school transportation to/from their school of origin through the LEA or Statewide Bus Transportation systems, and the Department approves the foster care provider in providing such transportation, reimbursement is provided to the foster care provider for reasonable travel expenses required for the child to remain in their original school.E. The Department ensures a request is made to the Family Court for a factual determination and designation of the residence of the parent(s) of a child placed in custody of the Department in accordance with R.I. Gen. Laws § 16-64-1.2.1.13.1Educational Decision Making and ResponsibilityA. For any child in the Department's custody on an abuse, neglect, dependency petition or where the rights of the parent have been terminated, or the child is free for adoption, and where the Department has reason to believe the child is at risk for needing special education services or the child is already receiving special education services, the Department must submit to the Rhode Island Department of Education a referral for the appointment of an educational advocate. In cases where a child is in foster care on a wayward, delinquency, or voluntary petition and where the Department has reason to believe the child is at risk for needing special education services or the child is already receiving special education services, the Department may submit to the Rhode Island Department of Education a referral for the appointment of an educational advocate.B. The Family Court enters an order that the Department will make educational decisions on behalf of a child placed in the care and custody of the Department then the Department will submit to the Rhode Island Department of Education a referral for the appointment of an educational advocate.1.13.2Educational Advocate ReferralA. If a parent of a child with a disability or suspected of having disability and in the care or custody of the Department is unable or unwilling to ensure the needs of the child are met, the Department seeks appointment of an educational advocate through the Department of Elementary and Secondary Education (RIDE).B. The educational advocate represents the child in educational matters, advocates for the child's educational needs and participates in the educational component of the Department's service plan review.C. Only the educational advocate is authorized to sign the Individualized Education Plan (IEP) in place of the natural parent. Department staff are not authorized to sign the IEP in the place of the parent or guardian.214 R.I. Code R. 214-RICR-30-00-1.13
Adopted effective 12/27/2018