2021 -- H 5827

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LC001836

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2021

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A N   A C T

RELATING TO EDUCATION -- SCHOOL COMMITTEE AND SUPERINTENDENTS

     Introduced By: Representatives McNamara, and Diaz

     Date Introduced: February 24, 2021

     Referred To: House Education

     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.

     (e) The Rhode Island department of education, in coordination with the Rhode Island office

of the attorney general, shall annually collect, report, and publish on its website, data on the number

of school resource officers in each school district, the use of force against students; 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 other disciplinary actions by school resource officers

involving students. Such data shall be published in a manner that protects the identities of students

and be designated by student age, grade, race, ethnicity, gender, language status, and disability, if

such data is available.

     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 COMMITTEE AND SUPERINTENDENTS

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     This act would require the department of education in coordination with the attorney

general to collect and publish data concerning school resource officers in each district, including

use of force against students, arrests, and referrals to law enforcement or courts.

     This act would take effect upon passage.

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