Newport School Committee v. Rhode Island Department of Education; Cumberland School Committee v. Rhode Island Council on Elementary and Secondary Education

Summary

The Rhode Island Supreme Court reviewed consolidated cases concerning whether municipalities must reimburse the Department of Children, Youth, and Families for educational costs of children placed in residential treatment programs. The per curiam majority held that the governing statutes require reimbursement for per-pupil special-education costs only and do not obligate municipalities to reimburse general-education costs where the statutory reference to general education had been removed. The Court quashed the Superior Court’s decision, while Chief Justice Suttell dissented.

Holdings

1. Municipalities are not required to reimburse DCYF at the per-pupil special-education rate when no special-education services were rendered and no special-education costs were incurred.
2. G.L. 1956 § 16-64-1.1 does not obligate municipalities to reimburse DCYF for the cost of general education for students placed by DCYF in residential treatment programs who are not receiving special-education services.

Questions Presented

1. Whether G.L. 1956 §§ 16-64-1.1 and 16-64-1.2 require a municipality to reimburse DCYF at the per-pupil special-education rate when a child placed in a residential treatment program did not receive special-education services.
2. Whether the statutes require a municipality to reimburse DCYF for general-education costs when the statutory reference to general-education costs was removed in 2001.

Disposition

quashed