State Codes and Statutes
Statutes > Rhode-island > Title-33 > Chapter-33-15-1 > 33-15-1-2SECTION 33-15.1-2
§ 33-15.1-2 Guardianship for education– Educational advocates for children with disabilities under the care andcustody of the state. – Whenever the family court places a child in the care and custody of the state,it shall enter an order indicating whether the parents or guardian are to beallowed to continue to make educational decisions on behalf of the child. Atthe same time, the family court shall make a factual determination pursuant to§ 16-64-1 as to the residence of the child's parent(s) or guardian on thedate that the child is placed in the care and custody of the state, subject to§ 16-64-6. Thereafter, while the child is in the care of the state, thedirector of DCYF shall have the duty to update the child's parent's residencein accordance with § 42-72.4-1. If the family court enters an ordervesting the right to control a child's education with a state agency, and ifthe court or the state agency finds that the child is in need of specialeducation, or that the child is suspected of being in need of specialeducation, the court or state agency shall request the commissioner ofelementary and secondary education to appoint an educational advocate toexercise the child's due process rights under applicable state and federalspecial education laws and regulations. The commissioner of elementary andsecondary education shall also have the power to appoint an educationaladvocate when a child's parents or guardian cannot be identified or when thewhereabouts of a parent cannot be determined. If a parent is identified or thewhereabouts of the parent become known, then the commissioner shall terminatethe appointment of the educational advocate. An educational advocate, acting ingood faith, shall be immune from any liability resulting from the performanceof his or her duties as an educational advocate.
