2019 -- S 0545

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LC001636

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2019

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A N   A C T

RELATING TO EDUCATION -- SUICIDE PREVENTION - THE NATHAN BRUNO AND

JASON FLATT ACT

     Introduced By: Senators Euer, Seveney, DiPalma, Coyne, and Pearson

     Date Introduced: March 14, 2019

     Referred To: Senate Education

     It is enacted by the General Assembly as follows:

     SECTION 1. Title 16 of the General Laws entitled "EDUCATION" is hereby amended

by adding thereto the following chapter:

CHAPTER 21.7

THE NATHAN BRUNO AND JASON FLATT ACT

     16-21.7-1. Short title.

     This act shall be known and may be cited as "The Nathan Bruno and Jason Flatt Act."

     16-21.7-2. Training.

     (a) The department of education shall adopt rules and regulations supporting suicide

awareness and prevention training each year for public school personnel.

     (b) Training shall be required of all personnel hired or contracted by the school district,

including, but not limited to, teachers, administration, custodians, lunch personnel, substitutes,

nurses, coaches and coaching staff even if volunteers.

     (c) Training may be provided within the framework of existing in-service training

programs offered by the department of education or as part of professional development

activities.

     (d)(1) The department of education shall, in consultation with the department of health,

education and health care stakeholders and suicide prevention experts, develop a list of approved

training materials to fulfill the requirements of this chapter.

     (2) Approved materials shall include training on how to identify appropriate mental

health services both within the school and the larger community, and when and how to refer

youth and their families to those services.

     (3) Approved materials may include programs that can be completed through self-review

of suitable suicide prevention materials.

     16-21.7-3. Student suicide prevention policy.

     (a) Each public school district shall adopt a policy on student suicide prevention. This

policy shall, at a minimum, address procedures relating to suicide prevention, intervention and

postvention. As used in this chapter, "postvention" means counseling or other social care given to

students after another student's suicide or attempted suicide.

     (b) To assist school districts in developing policies for student suicide prevention, the

department of education shall develop and maintain a model policy, or adopt an existing policy as

a model policy, to serve as a guide for school districts in accordance with this chapter.

     (c) The school district policies shall incorporate the following provisions:

     (1) Parents or legal guardians shall be notified as soon as there is an issue with their child

to allow a safety net for the student;

     (2) Districts shall create a clear complaint process for a general education student or his

or her parent(s) or legal guardian(s) to make against a school for a misdeed or violation of a right,

to be modeled after the current guidelines for students with individualized educational plans

(IEPs);

     (3) Guidance counselors shall be assigned the title of academic advisor. If the staff

member provides social emotional support for students for more than sixty percent (60%) of their

work time, the staff shall be considered social emotional support staff;

     (4) Concrete language developed by the department of education that defines an in-school

issue compared to an out-of-school issue. Conflicts between school personnel and students off

school grounds and not during school time would be considered an out-of-school issue and should

be handled appropriately; and

     (5) A clear and encompassing employee conduct policy and regulations for when school

personnel are involved with a student with whom they have had a prior incident that has caused a

fracture in their relationship.

     16-21.7-4. Protection from litigation.

     (a) No person shall have a cause of action for any loss or damage caused by any act or

omission resulting from the implementation of the provisions of this chapter or resulting from any

training required by this chapter, or lack thereof, unless caused by willful or wanton misconduct.

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     (b) The training required by the provisions of this chapter, or lack thereof, shall not be

construed to impose any specific duty of care.

     16-21.7-5. Conflict between student and teacher.

     (a) Any conflict or disagreement between a student and a teacher regarding the behavior

of the student in school, whether in an academic or social setting, causing physical or mental

trauma to a student shall trigger a notification to the parent(s) or legal guardian(s) of the child in

order to facilitate the creation of a safety net for the student relating to suicide prevention.

     (b) Upon notification that a conflict has arisen which has caused a fracture in the

student/teacher relationship, the school district shall establish a clear and encompassing code of

conduct regarding future interactions between the teacher and the student.

     (c) The conflict must arise as a result of an issue occurring within the school or associated

with school sanctioned activities including, but not limited to, athletic events, social events and

field trips.

     (d) Any conflict arising between a student and a teacher occurring in situations other than

those described in subsection (c) of this section shall be treated as an out-of-school issue.

     16-21.7-6. Complaint process for student, parent(s), or legal guardian.

     (a) Whenever a conflict arises between a student and a teacher as set forth in § 16-21.7-5,

or any other personnel hired or contracted by the school district, the student, parent(s), or legal

guardian(s) may file a complaint against a teacher or the hired or contracted employee of the

school for resolution.

     (b) Complaints should include the complainant's full name, address, and contact

information, including email address and telephone number. Complaints should be specific in

describing the nature of the complaint and relevant information: the name of the parties involved,

including witnesses, dates, the name of the institution, the policy or procedure violated (if

known), and contact information. Any supporting material that substantiates the complaint should

also be included.

     (c) The complaint shall be filed with the superintendent of the school district for hearing

and resolution.

     16-21.7-7. Resolution of the complaint.

     (a) The department of education shall establish a hearing process for the resolution of a

complaint by the promulgation of rules and regulations necessary to establish this process, as well

as the implementation of the provisions of this chapter.

     (b) The hearing process shall be patterned on the hearing process utilized for the

resolution of issues arising from students with individual education plans (IEPs).

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     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 -- SUICIDE PREVENTION - THE NATHAN BRUNO AND

JASON FLATT ACT

***

     This act would create the "Nathan Bruno and Jason Flatt Act" which would require

training of teachers and school personnel regarding suicide awareness and prevention and

establishment of a conflict resolution process between teachers or school personnel and students.

     This act would take effect upon passage.

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