2015 -- S 0299

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2015

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A N   A C T

RELATING TO EDUCATION - SCHOOL COMMITTEES AND SUPERINTENDENTS

     

     Introduced By: Senators Pichardo, Metts, Crowley, Miller, and Nesselbush

     Date Introduced: February 12, 2015

     Referred To: Senate Education

     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 [See Title 16 Chapter 97 - The Rhode Island Board of

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Education Act]" 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 § 42-

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35-15.

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     (d) All school superintendents, or their designees, shall review annually, the discipline

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data for their school district, collected in accordance with the specifications set forth in § 16-60-

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4(21), to determine whether the discipline imposed has a disproportionate impact on students

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based on race, ethnicity or disability status and to appropriately respond to any such disparity. In

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addition to the data submitted, every school district shall submit an annual report to the council

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on elementary and secondary education describing what action, if any, has been taken to address

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the disparity. The reports shall be deemed to be public records for purposes of title 38.

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

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Superintendents [See Title 16 Chapter 97 - The Rhode Island Board of Education Act]" is hereby

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amended by adding thereto the following section:

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     16-2-17.1. In school suspensions. – Suspensions issued shall not be served out of school

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unless the student's conduct meets the standards set forth in § 16-2-17(a).

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     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 all school superintendents to review discipline data for their school

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district, to decide whether there is an unequal impact on students based on race, ethnicity, or

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disability status, and to respond to any disparity. Every school district would submit a report to

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the council on elementary and secondary education describing any action taken on the disparity.

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All such reports shall be public records. Also, student suspensions will not be served out of

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school unless the student's conduct meets certain standards.

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     This act would take effect upon passage.

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