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

     

     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:

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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.

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     (a) Each student, staff member, teacher, and administrator has a right to attend and/or

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work at a school which is safe and secure, and which is conducive to learning, and which is free

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from the threat, actual or implied, of physical harm by a disruptive student. A disruptive student

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is a person who is subject to compulsory school attendance, who exhibits persistent conduct

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which substantially impedes the ability of other students to learn, or otherwise substantially

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interferes with the rights stated above, and who has failed to respond to corrective and

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rehabilitative measures presented by staff, teachers, or 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, out of school, all pupils in grades six (6) and above if they are found to be a

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disruptive student as described in subsection (a) of this section; guilty of this conduct, or of a

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violation of those school regulations which relate to alcohol, drugs, or weapons; the rights set

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forth in subsection (a), or where a student represents a threat to those rights of students, teachers,

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or administrators, as described in subsection (a). Nothing in this section shall relieve the school

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committee or school principals from following all procedures required by state and federal law

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regarding discipline of students with disabilities.

 

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     (c) The school committee, or a school principal as designated by the school committee,

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may only impose an out-of-school suspension on a student enrolled in grades preschool through

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fifth grade if such student possessed a weapon or other dangerous instrument; possessed, used, or

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sold illegal drugs or controlled substances; or if the school administration, in consultation with a

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school psychologist or other mental health professional, determines that a student’s behavior

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presents a threat to the physical safety or health of others which cannot be reduced or eliminated

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through interventions and supports.

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     (d) A school may uses restorative justice practices to address a student’s behavior if the

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student is suspended under subsection (c) of this section, or is enrolled in grades preschool

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through fifth grade and is disruptive to the school environment or commits an act which would be

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considered subject to suspension but for the student’s grade.

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     (c)(e) 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)(f) 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, if a disparity exists, the every school district shall, after

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consultation with representatives of the faculty, submit a an annual report to the council on

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elementary and secondary education describing the conduct of the student, the frequency of the

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conduct, prior disciplinary actions for the conduct, any other relevant information and corrective

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actions what action, if any, has been taken to address the disparity, after consultation with

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representatives of the faculty has been taken to address the disparity. The reports shall be deemed

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to be public records for purposes of title 38.

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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 - SCHOOL COMMITTEES AND SUPERINTENDENTS

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     This act would allow schools to suspend students, in and out of school, if they are in

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grades six (6) or above, and prohibit school committees or a principal designated by the school

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committee, from suspending students in grade five (5) or below unless they possessed weapons,

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narcotics or were found by a psychologist or other mental health professional to be a danger.

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     This act would take effect upon passage.

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