The Rhode Island Law Reports

Eligibility and evaluations for special education services are governed by the Individuals with Disabilities Education Act of 2004, Section 1414 (the full text of 20 U.S.C. Section 1414 related to eligibility and evaluations is below the fold). 

Under IDEA a parent can request an initial evaluation for special education services at any time. In addition a school can recommend and request consent for an initial evaluation at any time. Once a request has been made and a parent has consented to evaluation a district has 60 calendar days to complete the evaluation. It is important to note that parental consent to an evaluation is not consent for services. 

If your child has previously been evaluated, you are entitled to demand a reevaluation once a year.

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Despite our usual focus on happenings in and about the Rhode Island Supreme Court, there can be no dispute that the hottest topic facing the Rhode Island legal system at the moment is the City of Central Falls Bankruptcy protection filing under Chapter 9 of the United States Bankruptcy Code. According to a posting on the United States Bankruptcy Court for the District of Rhode Island’s web site:

“The City of Central Falls, Rhode Island filed a Chapter 9 bankruptcy petition at 9:03 AM, August 1, 2011. The case is assigned bankruptcy number 11-13105. Chief Judge Sandra Lynch of the First Circuit Court of Appeals has designated Bankruptcy Judge Frank Bailey, of the District of Massachusetts, to preside over the case.”

For those readers interested in viewing the actual petition, the Bankruptcy Court has made it available for the public here.

Local news outlets, including the Providence Journal and GoLocalProv have provided excellent coverage on various aspects of the filing as they relate to the political and financial impact on the city and the state. As the case progresses, we too will provide periodic updates and explanations focused on the evolving law of municipal bankruptcy and Chapter 9 under the United States Bankruptcy Code.

The Rhode Island Supreme Court is adjourned for the term. The new term will begin in September. If there are any emergency actions or appeals we will be sure to keep you informed.

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This week the Rhode Island Supreme Court will convein on Tuesday, November 9, to hear full argument in 2009-224-A THOMAS CULLEN V. ROBERT TARINI and 2009-311-A JOHN J. RYAN V. CITY OF PROVIDENCE ET AL.  Additionaly, the Court will consider show cause arguments in three cases: 2009-285-A LISA SILVA V. ROLAND BRULE,
2009-289-A IN RE DANIEL D., and 2009-145-M.P. SCOTT PIERCE V. PROVIDENCE RETIREMENT BOARD.

The Providence Journal reported Saturday that Kara Russo, who sought the GOP nomination for Lt. Governor, but was defeated in the party’s primary, has petitioned the Rhode Island Supreme Court to order the Secretary of State to stop printing primary ballots while the Court takes time to review the Board of Elections’ decision denying Russo’s request to force withdrawn candidate Heidi Rogers to represent the party on the ballot in November. Alternatively Russo seeks to be named to the ballot as the party’s nominee.

On Monday, the Court’s designated Duty Justice is slated to meet with the lawyers and issue an initial ruling on Russo’s request for temporary injuctive relief.

It is possible the full Court will meet to review the Duty Justice’s decision. No other action is expected at this time.

There seems to be an emerging consensus, across the ideological spectrum, that the new state receivership law might constitute a full frontal assault on the state constitution’s Article 13 restriction on the General Assembly. So far, the Rhode Island Chapter of the ACLU, liberal blogger Matt Jerzyk, and conservative bloggers Justin Katz and Andrew Morse have all expressed misgivings about the powers granted to the Central Falls Receiver, retired Superior Court Judge Mark Pfeiffer.

The essence of the home rule provisions of the RI constitution is R.I. Const. Art. XIII, § 2, which provides “[e]very city and town shall have the power at any time to adopt a charter, amend its charter, enact and amend local laws relating to its property, affairs and government not inconsistent with this Constitution and laws enacted by the general assembly in conformity with the powers reserved to the general assembly.”

This section is parallelled by R.I. Const. Art. XIII, § 4 providing:

 “[t]he general assembly shall have the power to act in relation to the property, affairs and government of any city or town by general laws which shall apply alike to all cities and towns, but which shall not affect the form of government of any city or town. The general assembly shall also have the power to act in relation to the property, affairs and government of a particular city or town provided that such legislative action shall become effective only upon approval by a majority of the qualified electors of the said city or town voting at a general or special election, except that in the case of acts involving the imposition of a tax or the expenditure of money by a town the same shall provide for the submission thereof to those electors in said town qualified to vote upon a proposition to impose a tax or for the expenditure of money.”

If we accept that the new law is a law of general application that applies to alike to all municipalities then the question becomes whether the powers granted to the receiver affect the form of government? . . .