| Chapter 171 |
| 2016 -- S 2168 AS AMENDED Enacted 06/28/2016 |
| A N A C T |
| RELATING TO EDUCATION - SCHOOL COMMITTEES AND SUPERINTENDENTS |
| Introduced By: Senators Pichardo, Goodwin, Gallo, Metts, and Jabour |
| Date Introduced: January 27, 2016 |
| 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 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). 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) 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) 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 school district shall submit a 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. The reports shall be deemed to be public |
| records for purposes of title 38. |
| SECTION 2. Chapter 16-2 of the General Laws entitled "School Committees and |
| Superintendents [See Title 16 Chapter 97 - The Rhode Island Board of Education Act]" is hereby |
| amended by adding thereto the following section: |
| 16-2-17.1. In school suspensions. – Suspensions issued shall not be served out of school |
| unless the student's conduct meets the standards set forth in §16-2-17(a) or the student represents |
| a demonstrable threat to students, teachers, or administrators. |
| SECTION 3. This act shall take effect upon passage. |
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| LC004169 |
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