2022 -- H 8151

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LC005793

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2022

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A N   A C T

RELATING TO EDUCATION -- ATHLETIC COACHES

     Introduced By: Representatives Fenton-Fung, McNamara, Shallcross Smith, and Noret

     Date Introduced: April 14, 2022

     Referred To: House Education

     It is enacted by the General Assembly as follows:

     SECTION 1. Chapter 16-11.1 of the General Laws entitled "Athletic Coaches" is hereby

amended by adding thereto the following section:

     16-11.1-3. Termination for cause - List maintained.

     (a) Whenever any person is employed as an athletic coach, assistant athletic coach, athletic

trainer, or similar position (hereinafter the "athletic coach") in any athletic program sponsored or

operated by any school district, including traditional public schools, charter schools, or private

schools, and that person is terminated for cause by a school committee or the governing body of a

charter or private school, the school committee or the governing body of the charter or private

school shall, within sixty (60) days of the termination or in cases where the termination is appealed,

within sixty (60) days after the conclusion of the appeal filed by the terminated athletic coach when

the termination is upheld, furnish the Rhode Island department of elementary and secondary

education (the "department") with the identity of the terminated athletic coach. Provided:

     (1) This section shall not apply to the nonrenewal of a contract or termination of an athletic

coach due to fiscal exigency, the suspension of the particular sport or athletic program the athletic

coach was working in, the selection of a different coach, or for anything other than termination for

cause;

     (2) As used herein:

     (i) The term "for cause" means a legally sufficient reason to terminate based upon

misconduct of the athletic coach; and

     (ii) The term "terminated" includes the complete severance of employment, the ending of

all unperformed portions of a conditional contract, and the nonrenewal of a contract.

     (b) The department shall maintain a list of those athletic coaches who have been terminated

for cause (the "list") and shall update the list monthly to include the names of any additional athletic

coaches submitted by a school committee or the governing body of a charter or private school

pursuant to the provisions of this section. This list of athletic coaches shall be accessible only to

the hiring authority of any private, parochial, charter or public school.

     (c) The list of terminated athletic coaches shall not be a public record pursuant to chapter

2 of title 38 ("access to public records"). This section shall not abrogate or modify any existing

statutory or common law privileges or immunities.

     SECTION 2. This act shall take effect upon passage.

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EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N   A C T

RELATING TO EDUCATION -- ATHLETIC COACHES

***

     This act would require a school committee or governing body of a charter or private school

to submit the identity of any athletic coach terminated for cause to the Rhode Island department of

education and this requirement would only apply to terminations for cause based upon misconduct

of the athletic coach. The act would apply to athletic coaches, assistant athletic coaches, and athletic

trainers. This act would also require the department to maintain a list and allow access to the list

by the hiring authority of any private, parochial, charter, or public school and the list of terminated

athletic coaches would not be a public record pursuant to the access to public records act.

     This act would take effect upon passage.

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