Section 16-24-1.1 - [Effective 7/1/2026] Parental consent required(a) Unless expressly preempted by federal law, local education agencies ("LEAs") shall obtain written parental consent before conducting an initial evaluation or making an initial placement of a student in a special education program of services. Except when the parent is unresponsive as described in the exception provided in this section, written parental consent shall also be obtained before: (1) Conducting a reevaluation; and/or(2) Making any changes to an existing Individualized Education Program ("IEP").(b) A parent may revoke consent at any time for all special education and related services. Except for initial evaluation and initial placement, consent may not be required as a condition of any continuing benefit to the student of existing services while disagreements about services are being resolved.(c) In order that parental consent be properly informed, parents have the right, upon request, to observe any placement proposed for their child if the child is identified as eligible for special education services. An LEA may implement reasonable limitations on the timing, duration, and frequency of observation visits, but may only prohibit parents from visiting a placement with students present in limited circumstances when such prohibition is necessary to protect: (1) The safety of the children in the program during the observation;(2) The integrity of the program during the observation; or(3) The confidential, personally identifiable information of children in the program, consistent with the provisions of the Family Educational Rights and Privacy Act (20 U.S.C. § 1232g) and the Individuals with Disabilities Education Act (20 U.S.C. § 1400 et seq.,) both as may be amended from time to time.(d) When imposing any such prohibition, the LEA shall:(1) Allow parents to visit the placement or setting without students present; and(2) Issue a written notification to the parents explaining why it was necessary to prohibit observation with students present.(e) For forty-five (45) day emergency placements in interim alternative educational settings under 34 CFR § 300.530(g), LEAs shall offer parents an opportunity to observe the placement within a reasonable time following the placement, subject to the same reasonable limitations as described for other observation visits in this section. In implementing regulations, the Rhode Island department of elementary and secondary education (the "department") may issue standards or guidance further detailing reasonable limitations or restrictions allowable hereunder.(f) To further ensure informed parental participation, parents shall receive evaluation reports and other relevant written materials that will be considered at an eligibility or IEP meeting, including proposed goals and objectives for the IEP if they have been drafted, at least three (3) calendar days prior to attending the meeting at which those materials will be discussed. To address parental scheduling needs, parents can agree to the sharing of this material less than three (3) calendar days ahead of the meeting. All materials provided shall comply with legal requirements for language accessibility.(g) The LEA's timeframe for conducting initial evaluations and convening a meeting (as described in 200-RICR-20-30-6.7.2(A)(1)(b)) and for conducting revaluations and convening a meeting (as described in 200-RICR-20-30-6.7.2(C)(1)(b)) shall be sixty-three (63) calendar days.(h)(1) No later than ten (10) school days after receipt of any proposed IEP, the parents shall accept or reject the IEP in writing.(2) If the IEP is rejected, the parents may request a meeting to discuss the rejected IEP. Until the LEA and parents have reached consensus on a new IEP or the disputed issue(s) have been resolved via a facilitated IEP meeting, mediation, due process decision, or some other appropriate means, the existing IEP will remain effective.(3) If the IEP is accepted, the LEA shall implement the IEP on the date specified in the proposed IEP.(4) If the parents fail to respond within ten (10) school days after receipt of the proposed IEP, the LEA shall implement the proposed IEP on the date specified in the IEP.(i) An LEA shall not be considered to be in violation of the requirement to make free and appropriate public education available to the child merely because the child does not receive the special education and related services for which the parent refuses to provide consent.(j) If, subsequent to initial evaluation and initial IEP, the LEA is unable to obtain parental consent to a reevaluation or to a proposed change to an existing IEP, the LEA shall consider whether such action will result in the denial of a free, appropriate public education to the student. If, after consideration, the LEA determines that the parent's failure or refusal to consent will result in a denial of a free, appropriate public education to the student, it may seek resolution of the dispute through mediation and/or a due process hearing. This subsection shall not apply if the parent has revoked consent to all special education and related services.(k) When an LEA: (1) Proposes to initiate or change the identification, evaluation, or educational placement of the child or the provision of a free and appropriate public education to the child; or (2) Refuses to initiate or change the identification, evaluation, or educational placement of the child or the provision of a free and appropriate public education to the child, the LEA shall make and document at least three (3) efforts to contact the parent, utilizing at least two (2) of the following means: written notices sent by certified mail; electronic mail; telephone call; and home visits at such time as the parent is likely to be home. All attempts to provide notice shall comply with legal requirements for language and other accessibility. If the above efforts are attempted and documented, and the district is unable to secure parental response to a proposed reevaluation, placement subsequent to the initial placement in a special education program, or change to an IEP, the LEA may move forward with its proposed reevaluation, change in placement, and/or change to the existing IEP. This provision to override the lack of parental response shall not apply if the parent has revoked consent to all special education and related services.R.I. Gen. Laws § 16-24-1.1
Added by 2024 Pub. Laws, ch. 235,§ 1, eff. 7/1/2026.Added by 2024 Pub. Laws, ch. 236,§ 1, eff. 7/1/2026.