2020 -- S 2734 | |
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LC004776 | |
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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: Senators Cano, Quezada, Crowley, Metts, and Murray | |
Date Introduced: March 04, 2020 | |
Referred To: Senate Education | |
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 Education |
3 | 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 work |
6 | at a school which is safe and secure, and which is conducive to learning, and which is free from the |
7 | threat, actual or implied, of physical harm by a disruptive student. A disruptive student is a person |
8 | who is subject to compulsory school attendance, who exhibits persistent conduct which |
9 | substantially impedes the ability of other students to learn, or otherwise substantially interferes with |
10 | the rights stated above, and who has failed to respond to corrective and rehabilitative measures |
11 | presented by staff, teachers, or administrators. |
12 | (b) The school committee, or a school principal as designated by the school committee, |
13 | may issue an out-of-school suspension to suspend all pupils in grades six (6) and above if they are |
14 | found to be a disruptive student as described in subsection (a) of this section; guilty of this conduct, |
15 | or of a violation of those school regulations which relate to the alcohol, drugs, or weapons; rights |
16 | set 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) of this section. Nothing in this section shall relieve |
18 | the school committee or school principals from following all procedures required by state and |
19 | federal law 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 such 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 use 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 through |
10 | 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 examine |
15 | and decide the appeal without cost to the parties involved. Any decision of the commissioner in |
16 | these matters shall be subject to appeal by the student to the board of regents for elementary and |
17 | secondary education and any decision of the board of regents may be appealed by the student to |
18 | the family court for the county in which the school is located as provided in § 42-35-15. |
19 | (d)(f) All school superintendents, or their designees, shall review annually, the discipline |
20 | data for their school district, collected in accordance with the specifications set forth in § 16-60- |
21 | 4(21), to determine whether the discipline imposed has a disproportionate impact on students based |
22 | on race, ethnicity, or disability status and to appropriately respond to any such disparity. In addition |
23 | to the data submitted, if a disparity exists, the every school district shall, after consultation with |
24 | representatives of the faculty, submit a an annual report to the council on elementary and secondary |
25 | education describing the conduct of the student, the frequency of the conduct, prior disciplinary |
26 | actions for the conduct, any other relevant information and corrective actions what action, if any, |
27 | has been taken to address the disparity, after consultation with representatives of the faculty has |
28 | been taken to address the disparity. The reports shall be deemed to be public records for purposes |
29 | of title 38. |
30 | 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 a school principal to issue an out-of-school suspension to pupil(s) in |
2 | grades six (6) and above, if the pupil(s) are found to be disruptive. An out-of-school suspension for |
3 | pupil(s) in grades five (5) or below would be allowed only if a student possesses a weapon or other |
4 | dangerous instruments, the student possesses drugs, or if the school administration, in consultation |
5 | with a school psychologist, determines the student's behavior presents a threat to the physical safety |
6 | of others. A school would be required to use restorative justice practices to address student's |
7 | behavior if the student is suspended from grade five (5) and below. |
8 | This act would take effect upon passage. |
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