| Chapter 392 |
| 2022 -- S 2578 Enacted 06/30/2022 |
| 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 |
| 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 |
| council on elementary and secondary education and any decision of the board of regents council |
| 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) |
| 16-60-4(a)(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. |
| (e) On or before September 1, 2023, and annually by September 1 thereafter, the Rhode |
| Island department of education, in coordination with the Rhode Island office of the attorney |
| general, shall, for each school district, annually collect, report, and publish on its website, data on: |
| the number of school resource officers; the use of force against students, including, but not limited |
| to, the number of instances force was used and the type of the force used; arrests of students and |
| reasons for arrest; student referrals to law enforcement and reasons for referral; student referrals to |
| court or court service units; and the number and type of any other disciplinary actions taken or |
| recommended by school resource officers involving students. All such data shall be published in a |
| manner that protects the identities of students and shall be collected and designated by student age, |
| grade, race, ethnicity, gender, language status, and disability, to the extent that such the |
| demographic data is available. |
| SECTION 2. This act shall take effect upon passage. |
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| LC004893 |
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