reglab/statecodes huggingface dataset:
Rhode Island Code of Regulations › Title 200 - Board of Education › Chapter 20 - Council on Elementary and Secondary Education › Subchapter 30 - Student Supports › Part 3 - Regulations Governing the Education of English Language Learners › Section 200-RICR-20-30-3.17 - Monitoring Student Performance

Current through June 14, 2024
A. The performance
				  of all exited students shall be monitored for a minimum of two years to
				  determine whether they are succeeding in the LEA's general-education program.
				  The LEA shall continuously evaluate and document a student's progress, through
				  review of the student's most recent report cards, parental feedback, teacher
				  evaluations, and the student's recorded performance level on state and local
				  assessments. Monitored students shall be appropriately identified during the
				  state assessment process.
B. When
				  an exited student fails to progress in her or his current general-education
				  placement, the LEA shall implement appropriate procedures or assessments in
				  order to determine whether additional interventions or other supports are
				  needed, including the provision of further ELL instruction.
Rhode Island Code of Regulations › Title 200 - Board of Education › Chapter 20 - Council on Elementary and Secondary Education › Subchapter 30 - Student Supports › Part 3 - Regulations Governing the Education of English Language Learners › Section 200-RICR-20-30-3.18 - Responsibilities of RIDE

Current through June 14, 2024
RIDE shall ensure that the State ELL Advisory Council is
					 composed of representatives from the various ELL constituent groups and that it
					 shall meet on a regular basis no fewer than four (4) times per year. RIDE shall
					 inform LEAs of their respective fiscal entitlements as soon as possible, but
					 not later than the beginning of the fiscal year. RIDE shall provide LEAs with
					 appropriate applications, forms, and timelines. RIDE shall provide LEAs with
					 technical assistance on program design, curriculum alignment,
					 professional-development strategies, program management and evaluation, testing
					 and instructional modifications, and parent involvement. RIDE shall encourage
					 LEAs to combine funds to establish collaborative programs to meet the needs of
					 students. RIDE shall coordinate a comprehensive effort to disseminate
					 information about successful and promising practices and procedures. RIDE shall
					 prepare and submit to the Rhode Island General Assembly an annual financial and
					 program-evaluation report on the status of state and local efforts on behalf of
					 English Language Learners.
Rhode Island Code of Regulations › Title 200 - Board of Education › Chapter 20 - Council on Elementary and Secondary Education › Subchapter 30 - Student Supports › Part 3 - Regulations Governing the Education of English Language Learners › Section 200-RICR-20-30-3.19 - Responsibilities of LEAs

Current through June 14, 2024
Each LEA with ELL students must write an annual action plan
					 to ensure that all ELLs meet the AMAOs to be included in the LEA Strategic
					 Plan. The action plan must include the program-design components, outcomes,
					 staffing, professional development, parent-engagement initiatives, and steps to
					 close gaps in ELL performance on state assessments. The action plan must be
					 revised if the LEA failed to meet its AMAOs.
Rhode Island Code of Regulations › Title 200 - Board of Education › Chapter 20 - Council on Elementary and Secondary Education › Subchapter 30 - Student Supports › Part 3 - Regulations Governing the Education of English Language Learners › Section 200-RICR-20-30-3.20 - Responsibilities of Individual Schools

Current through June 14, 2024
Each School Improvement Plan in a school with English
					 Language Learners shall include an action plan that identifies measurable goals
					 for ELL instructional and support services and for the professional development
					 to be provided to those who teach English Language Learners.
Rhode Island Code of Regulations › Title 200 - Board of Education › Chapter 20 - Council on Elementary and Secondary Education › Subchapter 30 - Student Supports › Part 3 - Regulations Governing the Education of English Language Learners › Section 200-RICR-20-30-3.21 - Parent Involvement

Current through June 14, 2024
Criteria for Parent Involvement R.I. Gen. Laws §
										16-54-3(6).
					 Each LEA shall provide for the involvement of parents of English Language
					 Learners in the development, implementation, and evaluation of programs for
					 these students.
Rhode Island Code of Regulations › Title 200 - Board of Education › Chapter 20 - Council on Elementary and Secondary Education › Subchapter 30 - Student Supports › Part 3 - Regulations Governing the Education of English Language Learners › Section 200-RICR-20-30-3.22 - Minimum criteria for Parent Involvement

Current through June 14, 2024
A. The LEA
				  together with the liaison, shall develop a written parent-involvement plan that
				  includes outreach to the ELL community. Parents shall be informed of the
				  multiple ways that they can become involved in the education of their children,
				  not only in ELL programs, but also in other school programs, services, and
				  activities.
B. The LEA shall
				  provide culturally and linguistically appropriate parent-education programs or
				  parent outreach and training activities that are designed to assist all parents
				  of ELL students to become active participants in the education of their
				  children.
C. The LEA shall include
				  input from the parents of English Language Learners when it considers
				  improvements not only in ELL programs but also when it considers improvements
				  in other school programs in which English Language Learners may be
				  involved.
D. The LEA shall present
				  the annual ELL action plan from the LEA Strategic Plan and the Federal Title
				  III component of the Consolidated Resource Plan for parent review. Results of
				  English Language Learner performance on state assessments and ELL graduation
				  rates shall be provided annually to parents.
E. The LEA shall require each one of its
				  schools to have at least one parent representative of ELL students from each of
				  the language groups with more than twenty (20) students in that school to serve
				  on School Improvement Teams (SIT). School Improvement Teams shall receive
				  training and information on relevant ELL issues including, but not limited to,
				  ELL state regulations and federal programs
F. Parents shall be informed of their right
				  to decline to have their child participate in English Language Learner programs
				  and to remove their child from English Language Learner programs. Parents will
				  also be informed that even though ELL program services are waived, the student
				  will still be considered to be an English Language Learner who must be assessed
				  on the state's annual English Language Proficiency assessment. If a family does
				  not participate in the identification, assessment and placement process, the
				  student shall not be penalized; additional outreach and attention shall be
				  given to the family to educate them about the process and to encourage
				  participation.
Rhode Island Code of Regulations › Title 200 - Board of Education › Chapter 20 - Council on Elementary and Secondary Education › Subchapter 30 - Student Supports › Part 3 - Regulations Governing the Education of English Language Learners › Section 200-RICR-20-30-3.23 - Procedural Safeguards

Current through June 14, 2024
Parents have the right to appeal any ELL decision affecting
					 their child through the appeals process established by R.I. Gen. Laws
					 §§
										16-39-1 and
					  16-39-2.
					 RIDE will prepare a simple-language explanation of the appeals process for
					 distribution to parents.
Rhode Island Code of Regulations › Title 200 - Board of Education › Chapter 20 - Council on Elementary and Secondary Education › Subchapter 30 - Student Supports › Part 3 - Regulations Governing the Education of English Language Learners › Section 200-RICR-20-30-3.24 - Local Advisory Committee (LEA)

Current through June 14, 2024
LEAs shall appoint an LEA-wide ELL Advisory Committee
					 consisting of parents and educators. The LEA shall ensure that each year the
					 Committee has active members and regularly scheduled meetings. The LEA, in
					 consultation with parents of ELL students, may choose to have this Committee be
					 a stand-alone committee or have it be a subcommittee of an existing LEA Parent
					 Advisory Committee. The ELL parent membership shall be representative of the
					 language groups in the LEA. Low-incidence LEAs are encouraged to create a
					 regional advisory committee. RIDE will provide guidance and assistance to LEAs
					 that opt to create regional advisory committees. The membership of the
					 Committee shall include representation from the School Improvement Team (SIT)
					 of each school having an ELL population. Membership of each local Committee
					 shall be composed of persons involved in or concerned with the education of ELL
					 students. Family members of ELL students shall make up a majority of the
					 committee membership, and at least fifty percent (50%) of this majority shall
					 be selected by the families of ELL students. Each local Committee shall also
					 include a former ELL student, an ELL Administrator and/or an ELL Coordinator,
					 an ELL classroom teacher, and a general-education classroom teacher and/or
					 administrator. Additional membership shall be at the discretion of the LEA.
					 Appointment of community representatives from appropriate language groups is
					 encouraged.
Rhode Island Code of Regulations › Title 200 - Board of Education › Chapter 20 - Council on Elementary and Secondary Education › Subchapter 30 - Student Supports › Part 3 - Regulations Governing the Education of English Language Learners › Section 200-RICR-20-30-3.25 - Functions and Responsibilities of Advisory Committees

Current through June 14, 2024
The Committee shall advise the LEA and individual schools
					 in matters concerning: the ELL programs currently offered, unmet needs of ELL
					 students, the development and implementation of future plans, local compliance
					 with state and federal laws and regulations, applications for state and federal
					 funding; and evaluation of ELL programs. The LEA shall provide information to
					 the parents of ELL students about the advocacy roles of the LEA Liaison and the
					 Advisory Committee when their children enter the school system.
Rhode Island Code of Regulations › Title 200 - Board of Education › Chapter 20 - Council on Elementary and Secondary Education › Subchapter 30 - Student Supports › Part 3 - Regulations Governing the Education of English Language Learners › Section 200-RICR-20-30-3.26 - Responsibilities of the School LEA - Advisory Committee

Current through June 14, 2024
A. The
				  LEA shall provide assistance to the Advisory Committee in:
1. Developing the Advisory Committee's
				  organizational structure and bylaws. The organizational structure and bylaws of
				  the Advisory Committee shall become effective upon approval by the
				  LEA;
2. Developing procedures for
				  the Advisory Committee to carry out its functions and
				  responsibilities;
3. Providing
				  technical and consultative services;
4. Making available appropriate records and
				  data as permitted by law;
5.
				  Providing in-service training for membership of the Advisory Committee in such
				  areas as: the role of Advisory Committees, the role of advocacy groups, the
				  conduct of meetings, state and federal laws and regulations, procedural
				  safeguards, community resources, establishing two-way communication and support
				  between the parent and the ELL student, between the LEA and Advisory Committee,
				  and between home and school, including teachers and administrators;
				  and
6. Notifying parents of the ELL
				  Advisory Committee. When a student is referred for an ELL placement, the LEA
				  shall provide the family with notification of the existence of the local ELL
				  Advisory Committee and responsibilities of the Committee. The notification
				  shall indicate that a majority of the local ELL Advisory Committee consist of
				  families of ELL students and shall inform the families how the chairperson of
				  the local ELL Advisory Committee can be contacted
Rhode Island Code of Regulations › Title 200 - Board of Education › Chapter 20 - Council on Elementary and Secondary Education › Subchapter 30 - Student Supports › Part 3 - Regulations Governing the Education of English Language Learners › Section 200-RICR-20-30-3.27 - Meeting Procedures for Advisory Committees

Current through June 14, 2024
The Committee shall meet as often as necessary to conduct
					 its business but at least four (4) times annually. By July 1st of each year,
					 the Committee shall submit an annual report on the committee's activities,
					 including any suggestions it has made to the LEA. The LEA shall respond to the
					 ELL Advisory Committee in writing within sixty (60) calendar days of receiving
					 the annual report. These reports shall be made available to the public in a
					 manner consistent with other public reporting requirements. Reports and minutes
					 of each meeting shall also be forwarded to the school LEA's superintendent's
					 office. The LEA shall respond to the Committee within fifteen (15) calendar
					 days after receiving the report. Official minutes shall be kept of all
					 Committee meetings and shall be made available to the public on request. All
					 Committee meetings and agenda items shall be publicly announced prior to any
					 meetings, and these meetings shall be open to the public. Interpreters and
					 other necessary services for committee members or participants shall be
					 provided at Committee meetings by the LEA. The Committee membership shall serve
					 without compensation but must be reimbursed by the LEA for reasonable and
					 necessary expenses for attending meetings and performing
					 duties.
Rhode Island Code of Regulations › Title 200 - Board of Education › Chapter 20 - Council on Elementary and Secondary Education › Subchapter 30 - Student Supports › Part 3 - Regulations Governing the Education of English Language Learners › Section 200-RICR-20-30-3.28 - RIDE Monitoring

Current through June 14, 2024
A. RIDE shall:
1. Send the general timelines and criteria
				  for monitoring to ELA's and/or superintendents.
2. Establish specific monitoring dates in
				  cooperation with local administrators.
3. Notify LEA's and/or superintendents of
				  monitoring visitation dates and purposes.
4. Conduct periodic monitoring visitations to
				  ensure that each LEA is performing according to the standards and procedures
				  prescribed by law and by regulation governing ELL instruction.
5. Monitor the quality of the programs or
				  services including the rate of student English language and academic growth as
				  indicated by statewide tests and graduation rates.
6. Ensure that all statewide assessment
				  reports include data disaggregated by ELL status in accordance with R.I. Gen.
				  Laws §
											16-7.1-13.
				  This disaggregation shall include separate statements of data describing
				  students in the program and students that have been exited from program.
				  Reporting of data will be in accordance with State ELL assessment
				  policy
7. Notify LEA's and/or
				  superintendents and appropriate administrators in writing of
				  monitoring-visitation findings.
8.
				  Provide technical assistance and support to schools and LEAs to help them:
a. Comply with these regulations,
b. Provide effective ELL services to
				  students, and
c. Reach their school
				  improvement goals, specifically as these goals relate to ELL students and the
				  ELL program.
9. If a
				  RIDE monitoring visit demonstrates that an LEA is not in compliance with these
				  regulations, a corrective action plan shall be developed in concert with the
				  LEA. Where appropriate, this corrective action plan may become part of a
				  Negotiated Agreement with the LEA. Ride will monitor compliance with the
				  corrective action plan for an agreed upon period of time. Nothing herein shall
				  be construed to prevent the Commissioner from implementing other enforcement
				  procedures.
Rhode Island Code of Regulations › Title 200 - Board of Education › Chapter 20 - Council on Elementary and Secondary Education › Subchapter 30 - Student Supports › Part 3 - Regulations Governing the Education of English Language Learners › Section 200-RICR-20-30-3.29 - School-LEA Evaluations

Current through June 14, 2024
A. The LEA shall:
1. Include in its annual action plan for ELL
				  services the expected outcomes, which shall be in accordance with the program
				  outcomes for all students as reflected in the state standards.
2. Determine the process for program
				  improvement, which shall be in accordance with closing the gaps for all
				  students as required by R.I. Gen. Laws §
											16-7.1-1 and
				  by federal laws applicable to the education of ELL students.
3. Provide RIDE with an annual evaluation
				  report which will include recommendations for improvement should the LEA not
				  achieve the expected outcomes. Upon implementation of these recommendations, if
				  the LEA still does not achieve the expected outcomes, RIDE shall provide
				  technical assistance for program improvement or recommend the development of a
				  corrective action plan.
4. Ensure
				  that all schools with an ELL population participate fully in the Rhode Island
				  School Accountability for Learning and Teaching (SALT) Program.
5. RIDE shall prepare an annual statewide
				  evaluation report based on the evaluation reports submitted by the LEAs.
Rhode Island Code of Regulations › Title 200 - Board of Education › Chapter 20 - Council on Elementary and Secondary Education › Subchapter 30 - Student Supports › Part 3 - Regulations Governing the Education of English Language Learners › Section 200-RICR-20-30-3.30 - Census

Current through June 14, 2024
Information concerning students enrolled in English
					 Language Learner programs shall be forwarded to the RIDE in a state-approved
					 secure format. The identity of these students shall be treated as confidential
					 in accordance with R.I. Gen. Laws §§
										16-71-1,
					  38-2-1, and
					 the Federal Family Educational Rights and Privacy Act,
					  20 U.S.C. §
											1232g,  34 C.F.R. Part 99.
Rhode Island Code of Regulations › Title 200 - Board of Education › Chapter 20 - Council on Elementary and Secondary Education › Subchapter 30 - Student Supports › Part 3 - Regulations Governing the Education of English Language Learners › Section 200-RICR-20-30-3.31 - Triennial Review of Regulations

Current through June 14, 2024
The Commissioner of RIDE shall review this Part every third
					 (3rd) year from the date of its effect. Through this
					 review the Commissioner will determine whether this Part is sufficient to
					 support the provision of a free, appropriate, public education to all eligible
					 ELL students. In making this review, the Commissioner shall consider advice
					 from school administrators, the state and local ELL Advisory Committees, and
					 the results of monitoring activities performed by RIDE staff. Recommendations
					 for changes shall be made by the Commissioner to the Council on Elementary and
					 Secondary Education.
Rhode Island Code of Regulations › Title 200 - Board of Education › Chapter 20 - Council on Elementary and Secondary Education › Subchapter 30 - Student Supports › Part 5 - State Regulations Education of Homeless Children and Youth › Section 200-RICR-20-30-5.1 - Authority

Current through June 14, 2024
This Part is promulgated pursuant to R.I. Gen. Laws
					 §§
										16-24-2 and
					  16-64-2.
Rhode Island Code of Regulations › Title 200 - Board of Education › Chapter 20 - Council on Elementary and Secondary Education › Subchapter 30 - Student Supports › Part 5 - State Regulations Education of Homeless Children and Youth › Section 200-RICR-20-30-5.2 - Definitions

Current through June 14, 2024
A. "Homeless children and youths" means
				  children and youths "who lack a fixed, regular, and adequate nighttime
				  residence," as per the federal McKinney-Vento Homeless Assistance Act of 1987,
				  as amended (the "McKinney-Vento Act") at
				   42 U.S.C. §§
											11434a(2)(A) and (B), including:
1. Children and youths who are sharing the
				  housing of other persons due to loss of housing, economic hardship, or a
				  similar reason; are living in motels, hotels, trailer parks, or camping grounds
				  due to a lack of alternative accommodations; are living in emergency or
				  transitional shelters; are abandoned in hospitals;
2. Children and youths who have a primary
				  nighttime residence that is a public or private place not designed for or
				  ordinarily used as a regular sleeping accommodation for human beings;
3. Children and youths who are living in
				  cars, parks, public spaces, abandoned buildings, substandard housing, bus or
				  train stations, or similar settings;
4. Unaccompanied youth (youth not in the
				  physical custody of a parent or guardian); and
5. Migratory children (as such term is
				  defined at 30 U.S.C. § 6399) who qualify as homeless for the purposes of
				  the McKinney-Vento Act because they are living in circumstances described in
				  §§
											5.2(A)(1) through
				  (4)   of this Part above.
Rhode Island Code of Regulations › Title 200 - Board of Education › Chapter 20 - Council on Elementary and Secondary Education › Subchapter 30 - Student Supports › Part 5 - State Regulations Education of Homeless Children and Youth › Section 200-RICR-20-30-5.3 - Stay-put Placement

Current through June 14, 2024
A. Stay-put
				  Placement. If a student becomes homeless during an academic year, or between
				  academic years, the student's School of Origin must-taking into account the
				  best interests of the student-"to the extent feasible, keep the student in the
				  School of Origin, except when doing so is contrary to the wishes of the
				  student's parent or guardian," as per the McKinney-Vento Act, 42 U.S.C. §
				  11432g(3)(B). The student may stay in his or her School of Origin "for the
				  remainder of the academic year, even if the student becomes permanently housed
				  during an academic year," as per 42 U.S.C. §
				  11432g(3)(A)(i)(II).
B. Duration of
				  Stay-put Placement and Parental Best Interest Determination. A Homeless Student
				  has the right, as long as it is in his or her best interest, to remain enrolled
				  in his or her School of Origin until he or she has permanent housing somewhere,
				  as per 42 U.S.C. § 11432g(3)(A). Rhode Island allows the parents of a
				  Homeless Child to decide, subject to school district challenge, whether it is
				  in the best interest of the student to attend school in the town where the
				  student is now living, or to attend the student's School of Origin.
C. Disputed Best Interest Determination. If a
				  school district disputes a parent's best interest determination, the dispute
				  may be appealed to the commissioner.
D. Factors Used in Making a Best Interest
				  Determination. The following factors are to be considered in making a best
				  interest determination:
1. special needs of
				  the child;
2. continuity of
				  services;
3. distance/travel
				  time;
4. involvement in special
				  activities or sports;
5. safety;
				  and
6. other relevant
				  information
Rhode Island Code of Regulations › Title 200 - Board of Education › Chapter 20 - Council on Elementary and Secondary Education › Subchapter 30 - Student Supports › Part 5 - State Regulations Education of Homeless Children and Youth › Section 200-RICR-20-30-5.5 - Elimination of Enrollment Barriers

Current through June 14, 2024
A. Records. A
				  school that a district selects through a best interest determination must
				  immediately enroll the Homeless Student, even if the Student is unable to
				  produce records normally required for enrollment (such as previous academic
				  records, medical records, proof of residency, or other documentation), as per
				  the McKinney Vento Act, 42 U.S.C. § 11432g(3)(E). The enrolling school
				  must immediately contact the school last attended by the child or youth to
				  obtain relevant academic or other records. Any record ordinarily kept by a
				  school regarding each Homeless Child or Youth must be maintained so that it is
				  available in a timely fashion when the child enters a new school or school
				  district.
B. Immunizations and
				  Medical Records. If a Homeless Child or Youth needs to obtain immunizations, or
				  immunization or medical records, the enrolling school must immediately refer
				  the parent or guardian to the district's local homeless liaison, who must
				  assist in obtaining the immunizations or records.
C. Legal guardianship issues impacting on
				  school enrollment, which cannot be resolved at the district level, as well as
				  any other unresolved issue relating to school enrollment, shall be referred to
				  the commissioner for decision pursuant to the authority granted by R.I. Gen.
				  Laws §
										16-64-6.
D. Review and Revision. The Rhode Island
				  Department of Education, in conjunction with local school districts and
				  entities fulfilling the role of local school districts, will develop, review
				  and revise policies to remove barriers to the enrollment and retention of
				  Homeless Children and Youth in school.
Rhode Island Code of Regulations › Title 200 - Board of Education › Chapter 20 - Council on Elementary and Secondary Education › Subchapter 30 - Student Supports › Part 5 - State Regulations Education of Homeless Children and Youth › Section 200-RICR-20-30-5.6 - Enrollment Disputes - Resolution

Current through June 14, 2024
A. Handling
				  Enrollment Disputes. If a dispute arises between a school district and parents
				  or guardians over school selection or enrollment or other issues, such as
				  transportation, the LEA must immediately enroll the Homeless Child or Youth in
				  the school in which the parent or guardian seeks enrollment and immediately
				  provide for other services, such as transportation, pending resolution of the
				  dispute by the commissioner, as per the McKinney-Vento Act at 42 U.S.C. §
				  11432g(3)(E). The district must provide to the parent or guardian a written
				  statement of the school placement decision and the appeal rights. The district
				  must refer the Child, Youth, parent, or guardian to the district liaison, who
				  must expeditiously carry out the dispute resolution process by filing an appeal
				  with the commissioner. Similar protections apply to unaccompanied youth.
1. Districts with high student mobility
				  should develop and have in place, inter-district agreements regarding the
				  provision of transportation.
Rhode Island Code of Regulations › Title 200 - Board of Education › Chapter 20 - Council on Elementary and Secondary Education › Subchapter 30 - Student Supports › Part 5 - State Regulations Education of Homeless Children and Youth › Section 200-RICR-20-30-5.7 - Rhode Island Coordinator for Education for Education of Homeless Children and Youth

Current through June 14, 2024
Coordinator. The Coordinator for Education of Homeless
					 Children and Youth will, among other things, provide technical assistance to
					 LEA liaisons to ensure that LEAs comply with the legislative requirements,
					 including student enrollment requirements, as per the McKinney-Vento Act at 42
					 U.S.C. § 11432g(6).
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-20-30-6.1 - Authority

Current through June 14, 2024
This Part is promulgated pursuant to R.I. Gen. Laws Chapter
					 16-24 and the Individuals with Disabilities Education Act (IDEA) (20 U.S.C. Chapter 33, 1400  et. seq.)
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-20-30-6.2 - Purpose

Current through June 14, 2024
The Purpose of this Part is to govern the education of
					 children with disabilities in accordance with
					  34 C.F.R. §
											300.1, incorporated in §
										6.3   of this
					 Part.
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-20-30-6.3 - Incorporated Materials

Current through June 14, 2024
A. This Part hereby
				  adopts and incorporates  34 C.F.R. Part 300  (December 2018) by reference, not
				  including any further editions or amendments thereof and only to the extent
				  that the provisions therein are not inconsistent with these
				  regulations.
B. Notwithstanding
				  §
										6.3(A)   of
				  this Part, the following are not incorporated by reference or have been
				  modified in this Part for application in Rhode Island:
				   34 C.F.R §§
											300.8(a)(1), 300.8(c)(1)(i), 300.11(c)(1), 300.11(c)(2), 300.34(c)(9), 300.34(c)(16), 300.39(a)(2), 300.41, 300.101(a), 300.101(d), 300.102(a)(3)(iv), 300.103(a), 300.103(c), 300.106, 300.111, 300.114, 300.116, 300.118, 300.124, 300.129, 300.130, 300.131(b), 300.146, 300.153(c), 300.156(a), 300.157, 300.168, 300.173, 300.200, 300.201, 300.203, 300.210, 300.229(a), 300.229(c), 300.301(c), 300.303, 300.304(c)(1), 300.311(a), 300.320(a)(2)(i), 300.320(a), 300.320(b), 300.321(a)(4)(iii), 300.322(a), 300.322(b)(2), 300.322(f), 300.323(a), 300.323(c), 300.323(e), 300.501(c), 300.502(b), 300.503(a), 300.504(c), 300.506(a), 300.511(b), 300.514, 300.516(a), 300.516(b), 300.520, 300.530(a), 300.530(b), 300.532(c), 300.536, 300.601, 300.613(a).
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-20-30-6.5 - Local Education Agency General Requirements

Current through June 14, 2024
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.
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-20-30-6.6 - Local Educational Agency Eligibility

Current through June 14, 2024
A. An LEA's
				  condition of assistance shall be in accordance with  34 C.F.R. §
											300. 200,
				  incorporated by reference above. In addition:
1. An LEA is eligible for assistance under
				  R.I. Gen. Laws Chapter 16-24 for a fiscal year if the agency submits a plan
				  that provides assurances to the SEA that the LEA meets each of the conditions
				  as set forth in this Part.
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-20-30-6.7 - Evaluations, Eligibility Determinations, Individualized Education Programs, and Educational Placements

Current through June 14, 2024
6.7.1
Parental Consent
Parental consent shall be obtained in accordance with
					  34 C.F.R. §
												300.300, incorporated by reference
					 above.
6.7.2
Evaluations and Reevaluations
A.
				  Initial evaluations shall be conducted in accordance with
				   34 C.F.R. §
												300.301, incorporated by reference above;
				  provided, however:
1. Procedures and
				  timeframe for initial evaluation shall be conducted pursuant to
				   34 C.F.R. §
													300.301(c); provided,
				  however:
a. Each public agency must ensure
				  that:
(1) Within ten (10) school days of the
				  receipt of a referral for special education services a team of qualified
				  professionals and the parent that includes the individuals described in
				  §6.7.4(B) of this Part and other qualified professionals, as appropriate,
				  known as the Evaluation Team, meet to determine if a special education
				  evaluation is needed.
(2) The
				  initial evaluation shall commence no later than ten (10) school days after the
				  receipt of parental consent to conduct such an evaluation. If the parent does
				  not notify the public agency within five (5) school days of their consent to
				  evaluate, the team must document its efforts to obtain consent. If the public
				  agency has not obtained parental consent to evaluate within fifteen (15) school
				  days of the request to evaluate, the Evaluation Team must reconvene to consider
				  what action the public agency will take including, (as appropriate) the
				  requirements described in § 6.7.1 of this Part (34 C.F.R. §
															300.300(a)).
(3) A full individual initial evaluation is
				  conducted before the initial provision of special education and related
				  services
b. Within sixty (60) calendar days
				  of receipt of parental consent to an initial evaluation:
(1) The child is evaluated; and
(2) A written report of the Evaluation Team
				  is made available to the public agency and the parent(s); and a team of
				  qualified professionals and the parent(s) of the child meet as an eligibility
				  team to determine whether the child is a child with a disability and in need of
				  special education and related services.
Rhode Island Code of Regulations › Title 200 - Board of Education › Chapter 20 - Council on Elementary and Secondary Education › Subchapter 35 - Procedures › Part 2 - Petition for Promulgation of Rules › Section 200-RICR-20-35-2.1 - Purpose

Current through June 14, 2024
The purpose of this regulation is to prescribe the form of
					 a Petition for Promulgation of Rules pursuant to R.I. Gen. Laws §
										42-35-6 and the procedure for its submission, consideration, and
					 disposition.
Rhode Island Code of Regulations › Title 200 - Board of Education › Chapter 20 - Council on Elementary and Secondary Education › Subchapter 35 - Procedures › Part 2 - Petition for Promulgation of Rules › Section 200-RICR-20-35-2.2 - Authority

Current through June 14, 2024
This regulation is promulgated pursuant to the authority
					 granted in R.I. Gen. Laws §
										42-35-6.
Rhode Island Code of Regulations › Title 200 - Board of Education › Chapter 20 - Council on Elementary and Secondary Education › Subchapter 35 - Procedures › Part 2 - Petition for Promulgation of Rules › Section 200-RICR-20-35-2.3 - Definitions

Current through June 14, 2024
A. The following definitions shall apply to
				  this regulation:
1. "Department" means Rhode
				  Island Department of Education ("RIDE")
2. "Petition" means a request for the
				  Promulgation of a Rule.
3.
				  "Petitioner" means a person requesting the promulgation of a rule.
4. "Promulgate", with respect to a Rule,
				  means the process of writing a new Rule, or amending or repealing an existing
				  Rule.
5. "Rule" means the whole or
				  a part of an agency statement of general applicability that implements,
				  interprets, or prescribes law or policy or the organization, procedure, or
				  practice requirements of an agency and has the force of law. The term includes
				  the amendment or repeal of an existing rule. The term is used interchangeably
				  with the term "regulation." The term does not include the exceptions listed in
				  R.I. Gen. Laws §§
											42-35-1(19)(i) through
				  (vi).
Rhode Island Code of Regulations › Title 200 - Board of Education › Chapter 20 - Council on Elementary and Secondary Education › Subchapter 35 - Procedures › Part 2 - Petition for Promulgation of Rules › Section 200-RICR-20-35-2.4 - Request for the Promulgation of a Rule

Current through June 14, 2024
A. A request to
				  Promulgate a Rule must be in writing and include the following information:
1. The name and address of the
				  Petitioner;
2. A plain statement
				  identifying the rule or proposed new rule at issue;
3. A detailed statement of all facts relied
				  upon by the Petitioner;
4. A plain
				  statement requesting the Promulgation of a Rule, and further indicating whether
				  Petitioner seeks a new Rule or the amendment or repeal of an existing Rule.
a. In the case of a request for the repeal of
				  an existing Rule, the Petitioner shall identify the Rule by title and/or RICR
				  citation.
b. In the case of a
				  request for an amendment to an existing Rule, the Petitioner must identify with
				  specificity any proposed additions, deletions, or other amendments. New
				  proposed language must be clearly marked using underline formatting for
				  proposed insertions, and strikethrough formatting for proposed
				  deletions.
Rhode Island Code of Regulations › Title 200 - Board of Education › Chapter 20 - Council on Elementary and Secondary Education › Subchapter 35 - Procedures › Part 2 - Petition for Promulgation of Rules › Section 200-RICR-20-35-2.5 - Consideration and Disposition of Request for the Promulgation of a Rule

Current through June 14, 2024
A. The Department shall promptly consider and
				  respond to the request for the Promulgation of a Rule as provided in R.I. Gen.
				  Laws §
										42-35-6.
B. The Department may, at its discretion and
				  within the thirty (30) day period prescribe by statute:
1. Hold a hearing for further consideration
				  and discussion on the Petition; or
2. Request further information or documents
				  from the Petitioner necessary for the full evaluation of his or her
				  Petition.
Rhode Island Code of Regulations › Title 200 - Board of Education › Chapter 20 - Council on Elementary and Secondary Education › Subchapter 35 - Procedures › Part 3 - Conduct of Public Hearings › Section 200-RICR-20-35-3.1 - Purpose

Current through June 14, 2024
To establish a defined set of procedures for Rhode Island
					 Department of Education for the conduct of Public Hearings regarding Proposed
					 Rulemaking.
Rhode Island Code of Regulations › Title 200 - Board of Education › Chapter 20 - Council on Elementary and Secondary Education › Subchapter 35 - Procedures › Part 3 - Conduct of Public Hearings › Section 200-RICR-20-35-3.2 - Authority

Current through June 14, 2024
This regulation is promulgated pursuant to the authority
					 granted in R.I. Gen. Laws §
										42-35-2(a)(4).
Rhode Island Code of Regulations › Title 200 - Board of Education › Chapter 20 - Council on Elementary and Secondary Education › Subchapter 35 - Procedures › Part 3 - Conduct of Public Hearings › Section 200-RICR-20-35-3.3 - Definitions

Current through June 14, 2024
A. The following definitions shall apply to
				  this regulation:
1. "Department" means Rhode
				  Island Department of Education ("RIDE")
2. "Member of the public" means any
				  individual, firm, business, corporation, association, partnership or other
				  group.
3. "Presiding department
				  official" means the RIDE employee conducting the Public Hearing.
4. "Public hearing" means the convening of
				  Members of the Public and Department personnel for the purpose of obtaining
				  public comment on a Proposed Rulemaking.
5. "Proposed rulemaking" means a proposed new
				  rule, proposed amendment to a rule or proposed repeal of a rule as noticed
				  pursuant to R.I. Gen. Laws §
											42-35-2.7.
Rhode Island Code of Regulations › Title 200 - Board of Education › Chapter 20 - Council on Elementary and Secondary Education › Subchapter 35 - Procedures › Part 3 - Conduct of Public Hearings › Section 200-RICR-20-35-3.4 - Procedure for Conduct of Public Hearings

Current through June 14, 2024
A. Convening of
				  Public Hearing
1. Public Hearings may be held
				  at the election of the Department or as required pursuant to R.I. Gen. Laws
				  §
											42-35-2.8(c).
2. Notice of Public Hearings shall be issued
				  in accordance with the provisions of R.I. Gen. Laws §§
											42-35-2.8 and
				   42-26-6,
				  when applicable.
3. The Public
				  Hearing shall be held at a time and place designated by the
				  Department.
Rhode Island Code of Regulations › Title 200 - Board of Education › Chapter 30 - DEPARTMENT OF ELEMENTARY AND SECONDARY EDUCATION › Subchapter 10 - Civil Rights › Part 1 - Regulations Governing Protections for Students Rights to be Free from Discrimination on the Basis of Sex, Gender, Sexual Orientation, Gender Identity, or Gender Expression (200-RICR-30-10-1) › Section 200-RICR-30-10-2.1 - Authority

Current through June 14, 2024
The Commissioner, pursuant to R.I. Gen. Laws §
										16-38-1.1(a)(5) 
					 has the authority to promulgate regulations to enforce the statutory
					 requirements prohibiting discrimination on the basis of sex, gender, sexual
					 orientation, gender identity, or gender expression in schools.
Rhode Island Code of Regulations › Title 200 - Board of Education › Chapter 30 - DEPARTMENT OF ELEMENTARY AND SECONDARY EDUCATION › Subchapter 10 - Civil Rights › Part 1 - Regulations Governing Protections for Students Rights to be Free from Discrimination on the Basis of Sex, Gender, Sexual Orientation, Gender Identity, or Gender Expression (200-RICR-30-10-1) › Section 200-RICR-30-10-2.2 - Definitions

Current through June 14, 2024
A. "Gender Non-Conforming" means a term used
				  to describe people whose gender expression differs from stereotypic
				  expectations. This includes people who identify outside traditional gender
				  categories or identify as both genders. Other terms that can have similar
				  meanings include "gender variant", "gender expansive", or "gender
				  atypical".
B. "Transgender" means
				  an umbrella term used to describe a person whose gender identity or gender
				  expression is different from that traditionally associated with their assigned
				  sex at birth.
Rhode Island Code of Regulations › Title 200 - Board of Education › Chapter 30 - DEPARTMENT OF ELEMENTARY AND SECONDARY EDUCATION › Subchapter 10 - Civil Rights › Part 1 - Regulations Governing Protections for Students Rights to be Free from Discrimination on the Basis of Sex, Gender, Sexual Orientation, Gender Identity, or Gender Expression (200-RICR-30-10-1) › Section 200-RICR-30-10-2.3 - Protection for Transgender and Gender Nonconforming Students

Current through June 14, 2024
A. Programs and activities operated by Rhode
				  Island public educational agencies shall be free from discrimination based on
				  sex, gender, sexual orientation, gender identity or gender expression. By July
				  1, 2018, each Local Education Agency ("LEA") shall adopt a policy addressing
				  the rights of transgender and gender non-conforming students to a safe,
				  supportive and non-discriminatory school environment.
B. The LEA policy shall be consistent with
				  state and national best practices, guidance, and model policies and shall
				  address, at a minimum, such issues as confidentiality and privacy, discipline
				  and exclusion, staff training, access to school facilities and participation in
				  school programs, dress codes, official school records and use of preferred
				  names and pronouns.
C. The LEA
				  shall inform all members of the school community, including all school
				  personnel, students, and families about this policy.
Rhode Island Code of Regulations › Title 200 - Board of Education › Chapter 30 - DEPARTMENT OF ELEMENTARY AND SECONDARY EDUCATION › Subchapter 10 - Civil Rights › Part 2 - Safe School Act - Statewide Bullying Policy (200-RICR-30-10-2) › Section 200-RICR-30-10-2.1 - Introduction

Current through June 14, 2024
2.1.1
Authority and purpose
This Statewide Bullying Policy is promulgated pursuant to
					 the authority set forth in R.I. Gen. Laws §
											16-21-34.
					 Known as the Safe School Act, the statute recognizes that the bullying of a
					 student creates a climate of fear and disrespect that can seriously impair the
					 student's health and negatively affect learning. Bullying undermines the safe
					 learning environment that students need to achieve their full potential. The
					 purpose of the Policy is to ensure a consistent and unified statewide approach
					 to the prohibition of bullying at school.
Rhode Island Code of Regulations › Title 200 - Board of Education › Chapter 30 - DEPARTMENT OF ELEMENTARY AND SECONDARY EDUCATION › Subchapter 10 - Civil Rights › Part 2 - Safe School Act - Statewide Bullying Policy (200-RICR-30-10-2) › Section 200-RICR-30-10-2.2 - Definitions

Current through June 14, 2024
A. "Bullying" means:
1. The use by one or more students of a
				  written, verbal or electronic expression or a physical act or gesture or any
				  combination thereof directed at a student that:
a. Causes physical or emotional harm to the
				  student or damage to the student's property;
b. Places the student in reasonable fear of
				  harm to himself/herself or of damage to his/her property;
c. Creates an intimidating, threatening,
				  hostile, or abusive educational environment for the student;
d. Infringes on the rights of the student to
				  participate in school activities; or,
e. Materially and substantially disrupts the
				  education process or the orderly operation of a school.