2022 -- H 7161

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LC003773

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2022

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A N   A C T

RELATING TO EDUCATION -- SCHOOL COMMITTEES AND SUPERINTENDENTS (SEE

TITLE 16 CHAPTER 97 -- THE RHODE ISLAND BOARD OF EDUCATION ACT)

     Introduced By: Representatives Diaz, Slater, Amore, McNamara, Biah, and Ajello

     Date Introduced: January 26, 2022

     Referred To: House Education

     It is enacted by the General Assembly as follows:

     SECTION 2. Section 16-2-17 of the General Laws in Chapter 16-2 entitled "School

Committees and Superintendents [See Title 16 Chapter 97 - The Rhode Island Board of Education

Act]" is hereby amended to read as follows:

     16-2-17. Right to a safe school.

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

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

threat, actual or implied, of physical harm by a disruptive student. A disruptive student is a person

who is subject to compulsory school attendance, who exhibits persistent conduct which

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

the rights stated above, and who has failed to respond to corrective and rehabilitative measures

presented by staff, teachers, or administrators.

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

may suspend, out of school, all pupils in grades six (6) and above if they are found to be a disruptive

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

those school regulations which relate to alcohol, drugs, or weapons; the rights set forth in subsection

(a), or where a student represents a threat to those rights of students, teachers, or administrators, as

described in subsection (a). Nothing in this section shall relieve the school committee or school

principals from following all procedures required by state and federal law regarding discipline of

students with disabilities.

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

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

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

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

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

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

through interventions and supports.

     (d) A school may use restorative justice practices, which include alternatives to traditional

discipline such as suspension or expulsion, to address a student’s behavior if the student is

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

and is disruptive to the school environment or commits an act which would be considered subject

to suspension but for the student’s grade.

     (c)(e) A student suspended under this section may appeal the action of the school

committee, or a school principal as designee, to the commissioner of elementary and secondary

education who, after notice to the parties interested of the time and place of hearing, shall examine

and decide the appeal without cost to the parties involved. Any decision of the commissioner in

these matters shall be subject to appeal by the student to the board of regents for elementary and

secondary education and any decision of the board of regents may be appealed by the student to

the family court for the county in which the school is located as provided in § 42-35-15.

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

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

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

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

to the data submitted, if a disparity exists, the every school district shall, after consultation with

representatives of the faculty, submit a an annual report to the council on elementary and secondary

education describing the conduct of the student, the frequency of the conduct, prior disciplinary

actions for the conduct, any other relevant information and corrective actions what action, if any,

has been taken to address the disparity, after consultation with representatives of the faculty has

been taken to address the disparity. The reports shall be deemed to be public records for purposes

of title 38.

     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 (SEE

TITLE 16 CHAPTER 97 -- THE RHODE ISLAND BOARD OF EDUCATION ACT)

***

     This act would allow for the out-of-school suspension of students in grade six (6) and

above, who are found to be disruptive as defined by existing law or found in violation of school

alcohol, drugs, or weapons' regulations. It would also authorize the imposition of an out-of-school

suspension for students in any grade before the sixth grade, if they are found to have possessed a

weapon or used, sold or possessed illegal drugs or if the school administration determines that the

student's behavior presents a threat to the physical safety or health of others, that cannot be reduced

or eliminated by an alternative intervention. Finally, it would require all school superintendents to

annually submit a report to the council on elementary and secondary education, which describes

what actions it has taken to address any disproportionate impact that its disciplinary actions have

had on its students, based their race, ethnicity or disability.

     This act would take effect upon passage.

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