2022 -- S 2438

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LC004512

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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 -- RIGHTS OF STUDENTS ACT

     

     Introduced By: Senators E Morgan, and Rogers

     Date Introduced: March 01, 2022

     Referred To: Senate Education

     It is enacted by the General Assembly as follows:

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     SECTION 1. Title 16 of the General Laws entitled "EDUCATION" is hereby amended by

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adding thereto the following chapter:

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CHAPTER 112

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RIGHTS OF STUDENTS ACT

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     16-112-1. Short title.

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     This chapter shall be known and may be cited as the "Rights of Students Act."

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     16-112-2. Definitions.

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     The following words and phrases, as used in this chapter, shall have the following

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meanings:

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     (1) "Public educational institution" means any of the following:

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     (i) A school district, including its schools.

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     (ii) A charter school, including any district charter school, independent charter school or

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mayoral academy.

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     (iii) An accommodation school.

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     (iv) Any state school for the deaf, blind or visually impaired, including, but not limited to,

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the Rhode Island school for the deaf.

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     16-112-3. Rights of students.

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     (a) A public educational institution shall not discriminate against students or parents on the

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basis of a religious viewpoint or religious expression.

 

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     (b) If an assignment requires a student's viewpoint to be expressed in coursework, artwork

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or other written or oral assignments, a public educational institution shall not penalize or reward a

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student on the basis of religious content or a religious viewpoint. In such an assignment, a student's

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academic work that expresses a religious viewpoint shall be evaluated based on ordinary academic

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standards of substance and relevance to the course curriculum or requirements of the coursework

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or assignment.

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     (c) Students in public educational institutions may pray or engage in religious activities or

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religious expression before, during and after the school day in the same manner and to the same

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extent that students may engage in nonreligious activities or expression.

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     (d) Students in public educational institutions may wear clothing, accessories and jewelry

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that display religious messages or religious symbols in the same manner and to the same extent that

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other types of clothing. accessories and jewelry that display messages or symbols are permitted.

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     (e) This section shall not be construed to authorize this state or any of its political

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subdivisions to do either of the following:

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     (1) Require any person to participate in prayer or in any other religious activity.

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     (2) Violate the constitutional rights of any person.

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     (f) This section shall not be construed to limit the authority of any public educational

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institution to do any of the following:

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     (1) Maintain order and discipline on the campus of the public educational institution in a

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content and viewpoint neutral manner.

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     (2) Protect the safety of students, employees and visitors of the public educational

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institution.

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     (3) Adopt and enforce policies and procedures regarding student speech at school; provided

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that, the policies and procedures do not violate the rights of students as guaranteed by the United

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States and Rhode Island constitutions and laws.

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     (4) Adopt and enforce policies and procedures that prohibit students from wearing any type

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of clothing, accessories and jewelry that is worn with the intent to convey affiliation with a criminal

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street gang as defined in ยง 12-19-39.

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     (g) A student or a student's parent shall not initiate legal action to enforce this section unless

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the student or the student's parent has done the following:

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     (1) The student or the student's parent shall submit a complaint in writing with the specific

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facts of the alleged violation to the principal of the school. The principal shall investigate the

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complaint and respond in writing, including a description of any action taken to resolve the

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complaint, within fifteen (15) days of receiving the written complaint.

 

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     (2) If the action taken by the principal of the school does not resolve the complaint of the

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student or the student's parent, the student or the student's parent shall submit a complaint in writing

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with the specific facts of the alleged violation to the superintendent or designated administrator.

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The superintendent or designated administrator shall investigate the complaint and respond in

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writing, including a description of any action taken to resolve the complaint, within twenty-five

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(25) days of receiving the written complaint.

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     (3) If the action taken by the superintendent or designated administrator does not resolve

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the complaint of the student or the student's parent, the student or the student's parent may pursue

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legal action to enforce this section.

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     16-112-4. Severability.

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     If any provision or phrase of this chapter or application of this chapter to any person or

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circumstances is held invalid, the invalidity shall not affect other provisions or phrases or

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applications of this chapter that can be given effect without the invalid provision or phrase or

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application, and to this end the provisions and phrases of this chapter are severable.

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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 -- RIGHTS OF STUDENTS ACT

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     This act would create the "Rights of Students Act" to provide protections for students and

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parents against discrimination on the basis of a religious viewpoint or religious expression.

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     This act would take effect upon passage.

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