2013 -- H 5754

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LC01361

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STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2013

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A N A C T

RELATING TO EDUCATION - SCHOOL COMMITTEES AND SUPERINTENDENTS

     Introduced By: Representatives Tanzi, Ajello, Diaz, Cimini, and Blazejewski

     Date Introduced: February 28, 2013

     Referred To: House Health, Education & Welfare

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" is hereby amended to read as follows:

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     16-2-17. Right to a safe school. -- (a) Each student, staff member, teacher, and

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administrator has a right to attend and/or work at a school which is safe and secure, and which is

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conducive to learning, and which is free from the threat, actual or implied, of physical harm by a

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disruptive student. A disruptive student is a person who is subject to compulsory school

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attendance who exhibits persistent conduct which substantially impedes the ability of other

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students to learn or otherwise substantially interferes with the rights stated above, and who has

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failed to respond to corrective and rehabilitative measures presented by staff, teachers, or

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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

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section shall relieve the school committee or school principals from following all procedures

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required by 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

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

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education who, after notice to the parties interested of the time and place of hearing, shall

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examine and decide the appeal without cost to the parties involved. Any decision of the

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commissioner in these matters shall be subject to appeal by the student to the board of regents for

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elementary and secondary education and any decision of the board of regents may be appealed by

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the student to the family court for the county in which the school is located as provided in section

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42-35-15.

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     (d) The commissioner shall develop a method to analyze local school system discipline

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data collected in accordance with subdivision 16-60-4(21) to determine whether the discipline

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imposed has a disproportionate impact on students based on race or ethnicity. If such an impact

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is found, the local school system shall prepare and present to the department a plan to reduce that

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impact. The local school system shall report its progress annually to the board of education.

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     SECTION 2. Chapter 16-2 of the General Laws entitled "School Committees and

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Superintendents" is hereby amended by adding thereto the following section:

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     16-2-17.1. In-school suspensions. – Suspensions shall be in-school suspensions, unless

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the student's conduct meets the standards of subsection 16-2-17(a).

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     SECTION 3. This act shall take effect upon passage.

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LC01361

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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 direct the commissioner of elementary and secondary education to

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develop a method to analyze data regarding the imposition of school discipline, focusing on

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whether discipline imposed has a disproportionate impact on students based on race or ethnicity.

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     This act would take effect upon passage.

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LC01361

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