2022 -- S 2289 | |
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LC004400 | |
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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) | |
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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: | |
1 | SECTION 1. Section 16-2-17 of the General Laws in Chapter 16-2 entitled "School |
2 | Committees and Superintendents [See Title 16 Chapter 97 - The Rhode Island Board of Education |
3 | Act]" is hereby amended to read as follows: |
4 | 16-2-17. Right to a safe school. |
5 | (a) Each student, staff member, teacher, and administrator has a right to attend and/or work |
6 | at a school which is safe and secure, and which is conducive to learning, and which is free from the |
7 | threat, actual or implied, of physical harm by a disruptive student. A disruptive student is a person |
8 | who is subject to compulsory school attendance, who exhibits persistent conduct which |
9 | substantially impedes the ability of other students to learn, or otherwise substantially interferes with |
10 | the rights stated above, and who has failed to respond to corrective and rehabilitative measures, |
11 | including restorative justice practices, presented by staff, teachers, or administrators. |
12 | (b) The school committee, or a school principal as designated by the school committee, |
13 | may suspend all pupils found guilty of this conduct, or of violation of those school regulations |
14 | which relate to the rights set forth in subsection (a), or where a student represents a threat to those |
15 | rights of students, teachers, or administrators, as described in subsection (a) issue an out-of-school |
16 | suspension to a student in grade six (6) and above only if he or she is found to be a disruptive |
17 | student as defined in subsection (a) of this section; or a threat to the physical safety or health of |
18 | students, teachers, or administrators; or found guilty of violating school regulations involving |
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1 | alcohol, illegal drugs or controlled substances, or weapons. Nothing in this section shall relieve the |
2 | school committee or school principals from following all procedures required by state and federal |
3 | law regarding discipline of students with disabilities. |
4 | (c) The school committee, or a school principal as designated by the school committee, |
5 | may issue an out-of-school suspension to a student enrolled in grades preschool through grade five |
6 | (5) only if the school administration, in consultation with a school psychologist or other mental |
7 | health professional, determines that such student’s behavior presents a threat to the physical safety |
8 | or health of others which cannot be reduced or eliminated through interventions and supports. In |
9 | all such instances, a school shall use appropriate behavioral supports including, but not limited to, |
10 | restorative justice practices, to address a student’s conduct. |
11 | (d) An out-of-school suspension for violating school regulations involving alcohol, illegal |
12 | drugs or controlled substances, or weapons shall only be imposed on a case-by-case basis in |
13 | accordance with § 16-21-21.1. |
14 | (c)(e) A student suspended under this section may appeal the action of the school |
15 | committee, or a school principal as designee, to the commissioner of elementary and secondary |
16 | education who, after notice to the parties interested of the time and place of hearing, shall examine |
17 | and decide the appeal without cost to the parties involved. Any decision of the commissioner in |
18 | these matters shall be subject to appeal by the student to the board of regents for elementary and |
19 | secondary education and any decision of the board of regents may be appealed by the student to |
20 | the family court for the county in which the school is located as provided in § 42-35-15. |
21 | (d)(f) All school superintendents, or their designees, shall review annually, the discipline |
22 | data for their school district, collected in accordance with the specifications set forth in § 16-60- |
23 | 4(21), to determine whether the discipline imposed has a disproportionate impact on students based |
24 | on race, ethnicity, or disability status and to appropriately respond to any such disparity. In addition |
25 | to the data submitted, if a disparity exists, the every school district shall, after consultation with |
26 | representatives of the faculty, submit a an annual report to the council on elementary and secondary |
27 | education describing the conduct of the student, the frequency of the conduct, prior disciplinary |
28 | actions for the conduct, any other relevant information and corrective actions to address the |
29 | disparity, after consultation with representatives of the faculty has been taken to address the |
30 | disparity what action, if any, has been taken to address any such disparity. If a review of the data |
31 | determines that there are no such disparities, the district shall submit an annual report to that effect. |
32 | The reports shall be deemed to be public records for purposes of title 38. |
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1 | 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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1 | This act would expand and fine tune the law on the right to a safe school. It would authorize |
2 | the school administration to issue an out-of-school suspension to students in grade six (6) and above |
3 | not only if they are disruptive, but also if they are a threat to the safety of students, teachers, or |
4 | administrators; or found guilty of violating school regulations involving alcohol, illegal drugs or |
5 | controlled substances, or weapons. The act would also provide that where students are in preschool |
6 | through grade five (5), the school administration may issue an out-of-school suspension but only |
7 | after a consultation with a school psychologist or other mental health professional. |
8 | This act would take effect upon passage. |
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