2014 -- H 7581

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LC004824

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2014

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A N   A C T

RELATING TO EDUCATION - SCHOOL COMMITTEES AND SUPERINTENDENTS

     Introduced By: Representatives Tanzi, O`Grady, Diaz, Blazejewski, and Ajello

     Date Introduced: February 26, 2014

     Referred To: House Health, Education & Welfare

     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" 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 section

42-35-15.

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

data collected in accordance with §16-60-4(21) to determine whether the discipline imposed has a

disproportionate impact on students based on race or ethnicity. If such a racial or ethnic disparity

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

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

     (e) Suspensions pursuant to this section shall be in-school suspensions, unless the

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

     SECTION 3. 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 direct the commissioner of elementary and secondary education to

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

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

and would provide that suspensions issued pursuant to this act be in-school suspensions unless

the conduct of the student rises to the level that he or she presents a threat to other students,

teachers or administrators.

     This act would take effect upon passage.

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