2022 -- S 2578

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LC004893

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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

     

     Introduced By: Senators Cano, Kallman, Mack, Quezada, Murray, McCaffrey, and
Goodwin

     Date Introduced: March 10, 2022

     Referred To: Senate Education

     It is enacted by the General Assembly as follows:

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

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

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Act]" is hereby amended to read as follows:

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     16-2-17. Right to a safe school.

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

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

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

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

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

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

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presented by staff, teachers, or administrators.

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

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

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

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rights of students, teachers, or administrators, as described in subsection (a). Nothing in this section

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shall relieve the school committee or school principals from following all procedures required by

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state and federal law regarding discipline of students with disabilities.

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

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

 

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

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appeal without cost to the parties involved. Any decision of the commissioner in these matters shall

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be subject to appeal by the student to the board of regents for elementary and secondary education

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and any decision of the board of regents may be appealed by the student to the family court for the

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

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

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for their school district, collected in accordance with the specifications set forth in § 16-60-4(21),

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to determine whether the discipline imposed has a disproportionate impact on students based on

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

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to the data submitted, if a disparity exists, the school district shall submit a report to the council on

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elementary and secondary education describing the conduct of the student, the frequency of the

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conduct, prior disciplinary actions for the conduct, any other relevant information and corrective

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

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

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     (e) On or before September 1, 2023, and annually by September 1 thereafter, the Rhode

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Island department of education, in coordination with the Rhode Island office of the attorney

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general, shall, for each school district, annually collect, report, and publish on its website, data on:

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the number of school resource officers; the use of force against students, including, but not limited

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to, the number of instances force was used and the type of the force used; arrests of students and

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reasons for arrest; student referrals to law enforcement and reasons for referral; student referrals to

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court or court service units; and the number and type of any other disciplinary actions taken or

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recommended by school resource officers involving students. All such data shall be published in a

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manner that protects the identities of students and shall be collected and designated by student age,

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grade, race, ethnicity, gender, language status, and disability, to the extent that such demographic

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data is available.

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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

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     This act would mandate the department of education and the office of the attorney general

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to annually collect and publish on its website data on the number of school resource officers, the

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use of force against students, student referrals to law enforcement, and student referrals to court or

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court service unit. All data would be published in a manner to protect the identity of the students.

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     This act would take effect upon passage.

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