2022 -- S 2289

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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 -- SCHOOL COMMITTEES AND SUPERINTENDENTS (SEE

TITLE 16 CHAPTER 97 -- THE RHODE ISLAND BOARD OF EDUCATION ACT)

     Introduced By: Senators Quezada, Euer, Cano, Murray, and Burke

     Date Introduced: February 15, 2022

     Referred To: Senate Education

     It is enacted by the General Assembly as follows:

     SECTION 1. Section 16-2-17 of the General Laws in Chapter 16-2 entitled "School

Committees and Superintendents [See Title 16 Chapter 97 - The Rhode Island Board of Education

Act]" is hereby amended to read as follows:

     16-2-17. Right to a safe school.

     (a) Each student, staff member, teacher, and administrator has a right to attend and/or work

at a school which is safe and secure, and which is conducive to learning, and which is free from the

threat, actual or implied, of physical harm by a disruptive student. A disruptive student is a person

who is subject to compulsory school attendance, who exhibits persistent conduct which

substantially impedes the ability of other students to learn, or otherwise substantially interferes with

the rights stated above, and who has failed to respond to corrective and rehabilitative measures,

including restorative justice practices, presented by staff, teachers, or administrators.

     (b) The school committee, or a school principal as designated by the school committee,

may suspend all pupils found guilty of this conduct, or of violation of those school regulations

which relate to the rights set forth in subsection (a), or where a student represents a threat to those

rights of students, teachers, or administrators, as described in subsection (a) issue an out-of-school

suspension to a student in grade six (6) and above only if he or she is found to be a disruptive

student as defined in subsection (a) of this section; or a threat to the physical safety or health of

students, teachers, or administrators; or found guilty of violating school regulations involving

alcohol, illegal drugs or controlled substances, or weapons. Nothing in this section shall relieve the

school committee or school principals from following all procedures required by state and federal

law regarding discipline of students with disabilities.

     (c) The school committee, or a school principal as designated by the school committee,

may issue an out-of-school suspension to a student enrolled in grades preschool through grade five

(5) only if the school administration, in consultation with a school psychologist or other mental

health professional, determines that such student’s behavior presents a threat to the physical safety

or health of others which cannot be reduced or eliminated through interventions and supports. In

all such instances, a school shall use appropriate behavioral supports including, but not limited to,

restorative justice practices, to address a student’s conduct.

     (d) An out-of-school suspension for violating school regulations involving alcohol, illegal

drugs or controlled substances, or weapons shall only be imposed on a case-by-case basis in

accordance with § 16-21-21.1.

     (c)(e) A student suspended under this section may appeal the action of the school

committee, or a school principal as designee, to the commissioner of elementary and secondary

education who, after notice to the parties interested of the time and place of hearing, shall examine

and decide the appeal without cost to the parties involved. Any decision of the commissioner in

these matters shall be subject to appeal by the student to the board of regents for elementary and

secondary education and any decision of the board of regents may be appealed by the student to

the family court for the county in which the school is located as provided in § 42-35-15.

     (d)(f) All school superintendents, or their designees, shall review annually, the discipline

data for their school district, collected in accordance with the specifications set forth in § 16-60-

4(21), to determine whether the discipline imposed has a disproportionate impact on students based

on race, ethnicity, or disability status and to appropriately respond to any such disparity. In addition

to the data submitted, if a disparity exists, the every school district shall, after consultation with

representatives of the faculty, submit a an annual report to the council on elementary and secondary

education describing the conduct of the student, the frequency of the conduct, prior disciplinary

actions for the conduct, any other relevant information and corrective actions to address the

disparity, after consultation with representatives of the faculty has been taken to address the

disparity what action, if any, has been taken to address any such disparity. If a review of the data

determines that there are no such disparities, the district shall submit an annual report to that effect.

The reports shall be deemed to be public records for purposes of title 38.

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     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 -- SCHOOL COMMITTEES AND SUPERINTENDENTS (SEE

TITLE 16 CHAPTER 97 -- THE RHODE ISLAND BOARD OF EDUCATION ACT)

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     This act would expand and fine tune the law on the right to a safe school. It would authorize

the school administration to issue an out-of-school suspension to students in grade six (6) and above

not only if they are disruptive, but also if they are a threat to the safety of students, teachers, or

administrators; or found guilty of violating school regulations involving alcohol, illegal drugs or

controlled substances, or weapons. The act would also provide that where students are in preschool

through grade five (5), the school administration may issue an out-of-school suspension but only

after a consultation with a school psychologist or other mental health professional.

     This act would take effect upon passage.

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