Woonsocket Radio News Room

House passes Rep. Kislak’s bill to improve IEP process

STATE HOUSE – The House of Representatives today approved legislation sponsored by Rep. Rebecca Kislak to make several changes that give parents more insight and control in changes in their child’s individualized education plan (IEP), and set the wheels in motion for a much-needed overhaul of the state’s IEP regulations.

The bill (2024-H 7721A), which now goes to the Senate, would allow parents and guardians to approve or reject changes in their child’s educational services, allow parents to observe their child’s classroom prior to placement, and would require that any documents being considered at an IEP meeting be provided to parents at least three days in advance.

The legislation has been developed over the course of the past two years by Representative Kislak (D-Dist. 4, Providence), who is the second vice chairwoman of the House Education Committee, with input and feedback from representatives of the Department of Education (RIDE) and members of advocacy groups including Rhode Island Parent Information Network, the Association of Rhode Island Administrators of Special Education (ARIASE), the Rhode Island Center for Justice and others.

While the changes proposed in the bill are among the priorities of parents seeking changes to the state’s IEP regulations, Representative Kislak said they address only a few of the issues, and she is hopeful that the wholesale regulation update required by the bill will result in meaningful change that helps students more easily access all the services they need.

 “The IEP process can, unfortunately, feel like a fight for parents, particularly when they believe their child’s needs aren’t being met. There should be more equality among everyone at the table in an IEP meeting, and it should feel like a collaborative effort that is focused on providing kids with the resources they need to grow and learn,” said Representative Kislak. “The changes to the process in this bill are steps in the right direction. The biggest step forward is the mandate that RIDE begin the work of creating new IEP guidelines, to make sure the process of developing IEPs meets the needs of students, families and schools. Parents and school districts need to be partners in the education of students with special needs, and the current system often doesn’t work to create that collaborative approach.”

Under the legislation, RIDE would have until July 1, 2026, to institute provisions in this bill concerning parental consent to IEP changes, three-days’ notice of documents and classroom observation. The bill gives the department until Dec. 31, 2026, to review and revise its guidance related to the IEP process, and to develop statewide model forms and documents related to IEP development. The bill stipulates that the redevelopment of that guidance is to include a robust public engagement process.

Representative Kislak noted that the recent development of a new resource — impartial IEP facilitators — is a welcome change that also supports parents through the IEP process. The free service provided by the Rhode Island Department of Education’s Office of Student, Community, and Academic Supports, offers facilitators who are trained to help resolve conflicts and to keep the meetings focused on creating a plan in the best interest of the student. The service, which grew out of legislation (2022-H 7536) sponsored by Rep. Lauren H. Carson (D-Dist. 75, Newport), began in March. Representative Kislak said she hopes that RIDE incorporates the lessons learned from this new mediation program into the new IEP process guidance.

The legislation now goes to the Senate, where Sen. Alana M. DiMario (D-Dist. 36, Narragansett, North Kingstown, New Shoreham) is sponsoring companion legislation (2024-S 2526).