§ 16-64-1.1. Payment and reimbursement for educational costs of children placed in foster care,
group homes, or other residential facility by a Rhode Island state agency.
(a) Children placed in foster care by a Rhode Island-licensed child-placing agency or
a Rhode Island governmental agency shall be entitled to the same free, appropriate
public education provided to all other residents of the city or town where the child
is placed. The city or town shall pay the cost of the education of the child during
the time the child is in foster care in the city or town.
(b) Children placed by the department of children, youth and families (DCYF) in a group
home or other residential facility that does not include the delivery of educational
services are to be educated by the community in which the group home or other residential
facility is located, and those children shall be entitled to the same free, appropriate
public education provided to all other residents of the city or town where the child
is placed. For purposes of payment and reimbursement for educational costs under this
chapter, the term "group home or other residential facility� shall not include independent-living
programs or the Children's Residential and Family Treatment (CRAFT) program located
on the East Providence campus of Bradley Hospital. Each city and town that contains
one or more group homes or other residential facilities that do not include delivery
of educational services will receive funds as part of state aid to education in accordance
with the following provisions:
(1) On December 31 of each year, the DCYF shall provide the department of elementary and
secondary education with a precise count of how many group home or other residential
facility "beds� exist in each Rhode Island city or town, counting only those "beds�
in facilities that do not include the delivery of educational services. The number
of "beds� in each group home or other residential facility shall be equal to the maximum
number of children who may be placed in that group home or other residential facility
on any given night according to the applicable licensure standards of the DCYF.
(2) For all fiscal years beginning after June 30, 2016, education aid for each school
district shall include seventeen thousand dollars ($17,000) for each bed certified
by DCYF by the preceding December 31. For all fiscal years beginning after June 30,
2008, whenever the number of beds certified by DCYF for a school district by December
31 is greater than the number certified the prior December 31 upon which the education
aid for that fiscal year was appropriated, the education aid for that district as
enacted by the assembly during the prior legislative session for that fiscal year
will be increased by the number of increased beds multiplied by the amount per bed
authorized for that fiscal year. The Department of Elementary and Secondary Education
shall include the additional aid in equal payments in March, April, May, and June,
and the Governor's budget recommendations pursuant to §â€‚35-3-8 shall include the amounts required to provide the increased aid.
(c) Children placed by DCYF in a residential-treatment program, group home, or other residential
facility, whether or not located in the state of Rhode Island, which includes the
delivery of educational services provided by that facility (excluding facilities where
students are taught on grounds for periods of time by teaching staff provided by the
school district in which the facility is located), shall have the cost of their education
paid for as provided for in subsection (d) and §â€‚16-64-1.2. The city or town determined to be responsible to DCYF for a per-pupil special-education
cost pursuant to §â€‚16-64-1.2 shall pay its share of the cost of educational services to DCYF or to the facility
providing educational services.
(d) Children placed by DCYF in group homes, child-caring facilities, community residences,
or other residential facilities shall have the entire cost of their education paid
for by DCYF if:
(1) The facility is operated by the state of Rhode Island or the facility has a contract
with DCYF to fund a pre-determined number of placements or part of the facility's
program;
(2) The facility is state licensed; and
(3) The facility operates an approved, on-grounds educational program, whether or not
the child attends the on-grounds program.
(e) Notwithstanding the foregoing or any other law, effective June 30, 2025, neither the
East Providence public schools nor the city of East Providence shall be responsible
to provide any educational or related services or instruction or have any financial
responsibility for any student attending the CRAFT program unless East Providence
is that student's district of origin. The school district of origin shall be responsible
to provide any pay for such services and instruction consistent with applicable state
law and regulation. For purposes of this section, "school district of origin� means
the school district in which the student was last registered to attend prior to admission
to the CRAFT program. The East Providence school district shall not be paid reimbursement
as provided in this statute for such students.