2020 -- H 7439 | |
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LC004230 | |
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STATE OF RHODE ISLAND | |
IN GENERAL ASSEMBLY | |
JANUARY SESSION, A.D. 2020 | |
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A N A C T | |
RELATING TO EDUCATION - SCHOOL COMMITTEES AND SUPERINTENDENTS | |
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Introduced By: Representatives Diaz, McNamara, Slater, Amore, and Mendez | |
Date Introduced: February 05, 2020 | |
Referred To: House Health, Education & Welfare | |
It is enacted by the General Assembly as follows: | |
1 | SECTION 1. Section 16-2-17 of the General Laws in Chapter 16-2 entitled "School |
2 | Committees and Superintendents [See Title 16 Chapter 97 - The Rhode Island Board of |
3 | Education Act]" is hereby amended to read as follows: |
4 | 16-2-17. Right to a safe school. |
5 | (a) Each student, staff member, teacher, and administrator has a right to attend and/or |
6 | work at a school which is safe and secure, and which is conducive to learning, and which is free |
7 | from the threat, actual or implied, of physical harm by a disruptive student. A disruptive student |
8 | is a person who is subject to compulsory school attendance, who exhibits persistent conduct |
9 | which substantially impedes the ability of other students to learn, or otherwise substantially |
10 | interferes with the rights stated above, and who has failed to respond to corrective and |
11 | rehabilitative measures presented by staff, teachers, or administrators. |
12 | (b) The school committee, or a school principal as designated by the school committee, |
13 | may suspend, out of school, all pupils in grades six (6) and above if they are found to be a |
14 | disruptive student as described in subsection (a) of this section; guilty of this conduct, or of a |
15 | violation of those school regulations which relate to alcohol, drugs, or weapons; the rights set |
16 | forth in subsection (a), or where a student represents a threat to those rights of students, teachers, |
17 | or administrators, as described in subsection (a). Nothing in this section shall relieve the school |
18 | committee or school principals from following all procedures required by state and federal law |
19 | regarding discipline of students with disabilities. |
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1 | (c) The school committee, or a school principal as designated by the school committee, |
2 | may only impose an out-of-school suspension on a student enrolled in grades preschool through |
3 | fifth grade if such student possessed a weapon or other dangerous instrument; possessed, used, or |
4 | sold illegal drugs or controlled substances; or if the school administration, in consultation with a |
5 | school psychologist or other mental health professional, determines that a student’s behavior |
6 | presents a threat to the physical safety or health of others which cannot be reduced or eliminated |
7 | through interventions and supports. |
8 | (d) A school may uses restorative justice practices to address a student’s behavior if the |
9 | student is suspended under subsection (c) of this section, or is enrolled in grades preschool |
10 | through fifth grade and is disruptive to the school environment or commits an act which would be |
11 | considered subject to suspension but for the student’s grade. |
12 | (c)(e) A student suspended under this section may appeal the action of the school |
13 | committee, or a school principal as designee, to the commissioner of elementary and secondary |
14 | education who, after notice to the parties interested of the time and place of hearing, shall |
15 | examine and decide the appeal without cost to the parties involved. Any decision of the |
16 | commissioner in these matters shall be subject to appeal by the student to the board of regents for |
17 | elementary and secondary education and any decision of the board of regents may be appealed by |
18 | the student to the family court for the county in which the school is located as provided in § 42- |
19 | 35-15. |
20 | (d)(f) All school superintendents, or their designees, shall review annually, the discipline |
21 | data for their school district, collected in accordance with the specifications set forth in § 16-60- |
22 | 4(21), to determine whether the discipline imposed has a disproportionate impact on students |
23 | based on race, ethnicity, or disability status and to appropriately respond to any such disparity. In |
24 | addition to the data submitted, if a disparity exists, the every school district shall, after |
25 | consultation with representatives of the faculty, submit a an annual report to the council on |
26 | elementary and secondary education describing the conduct of the student, the frequency of the |
27 | conduct, prior disciplinary actions for the conduct, any other relevant information and corrective |
28 | actions what action, if any, has been taken to address the disparity, after consultation with |
29 | representatives of the faculty has been taken to address the disparity. The reports shall be deemed |
30 | to be public records for purposes of title 38. |
31 | 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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1 | This act would allow schools to suspend students, in and out of school, if they are in |
2 | grades six (6) or above, and prohibit school committees or a principal designated by the school |
3 | committee, from suspending students in grade five (5) or below unless they possessed weapons, |
4 | narcotics or were found by a psychologist or other mental health professional to be a danger. |
5 | This act would take effect upon passage. |
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