2024 -- S 2525

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LC005504

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2024

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A N   A C T

RELATING TO EDUCATION -- SCHOOL COMMITTEES AND SUPERINTENDENTS

     Introduced By: Senators Mack, and Cano

     Date Introduced: March 01, 2024

     Referred To: Senate 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. This includes having culturally

competent teachers who understand and respect the diverse backgrounds of their students, as well

as being trained in de-escalation and trauma-informed methods to minimize classroom disruptions

and promote a learning environment that supports student learning. No person shall be subjected to

violent threats, actual or implied, of physical harm by a disruptive student, teacher and/or

administrator. 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 council on elementary and secondary education and any

decision of the 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(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 appropriately.

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 and

when possible student and/or parents to co-create a remediation process that 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 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 the demographic

data is available.

     (f) In creating and enforcing a school conduct and discipline code, each school district

shall, on and after January 1, 2025, provide for alternative programs to out-of-school suspensions

that impose proportionate disciplinary interventions and consequences designed to reduce referrals

to law enforcement, except where these referrals are required by law.

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     (1) Plans shall provide for the appropriate use of prevention, intervention, restorative

justice, peer mediation, counseling or other approaches to address student misconduct, designed to

reduce students' exposure to the courts and the criminal justice system as well as increasing the

likelihood of youth persisting in delinquent or criminal behaviors.

     (2) Where possible, the plan shall include robust student involvement and input.

     (3) The plans shall state that school administration shall not order a victim's participation

in a restorative justice practice or peer mediation if the victim alleges the misconduct involves

unlawful sexual behavior, domestic violence, stalking or the violation of a protection order.

     (4) The plan shall ensure that the code complies with all laws concerning the education of

students with disabilities.

     (5) The plan shall require and provide space within each school for this program.

     (g) In the event that there is a violation of the code of conduct or a student poses a threat

to a peer, teacher, administrator, support staff or themselves, that student shall be placed in an

alternative educational setting within the school with continuation of educational services to

include conflict resolution, restorative justice practices and mediation.

     (1) An alternative setting would be outside of the regular classroom setting and with a

RIDE certified teacher.

     (2) Students not deemed a physical threat shall not be given out-of-school suspension for

infractions such as dress code violations or insubordination.

     (3) Before a student receives an out-of-school suspension, the school administration shall

promptly notify the parents or legal guardians of the student involved in any disciplinary action.

     (i) Notification shall be provided in a timely manner, preferably within twenty-four (24)

hours of the disciplinary incident.

     (ii) Notification to parents or legal guardians shall be communicated through preferred

communication methods included, but not limited to: written notice, phone call, or electronic

communication.

     (iii) Efforts shall be made to use a method that ensures the information reaches the parents

in a clear and timely manner.

     (iv) The notification to parents shall include, but not be limited to, the following

information:

     (A) A clear and concise description of the incident leading to disciplinary action.

     (B) Details of the disciplinary measures taken, including any suspension or alternative

educational placement.

     (C) Information on the right to appeal the disciplinary action, including relevant contact

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details.

     (v) The school shall provide notifications in a language that is understandable to the parents

or legal guardians, taking into consideration any language preferences or communication needs

indicated by the parents.

     (4) Where appropriate and possible, parents shall be encouraged to participate in

discussions related to the disciplinary incident, including any appeal processes or restorative justice

practices.

     (5) Additionally, before a student receives an out-of-school suspension, there shall be tiered

intervention which includes:

     (i) Meeting with student;

     (ii) Meeting with student and parent/guardian; and

     (iii) Required to complete up to two (2) hours of community service or appropriate

assignment based on the student’s age and ability.

     (iv) For students receiving special education services, if the infraction presented is due to

their disability, that student shall be accommodated and be provided with support services based

on their individualized education plan and 504 plans.

     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 that school districts provide culturally competent, de-escalation,

and trauma-informed methods to minimize classroom disruptions and improve student learning.

This involves implementing alternative programs, classroom strategies, and community service or

assignments that are age and developmentally appropriate, with the aim of reducing out-of-school

suspensions. Students who pose a threat to their peers, teachers, administrators, support staff, or

themselves will be placed in an alternative educational setting within the school, supervised by a

RIDE certified teacher.

     This act would take effect upon passage.

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