2022 -- H 7162

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LC003851

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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, and Slater

     Date Introduced: January 26, 2022

     Referred To: House Education

     It is enacted by the General Assembly as follows:

     SECTION 1. 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,

including restorative justice practices, presented by staff, teachers, or administrators.

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

may suspend all issue an out-of-school suspension to pupils in grades six (6) and above, only if a

pupil is found to be a disruptive student as defined in subsection (a) of this section; or a threat to

the physical safety or health of students, teachers, or administrators; or found guilty of this conduct,

or of a violation of those school regulations which relate to 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) involving alcohol, illegal drugs or controlled substances, or weapons.

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 issue an out-of-school suspension to a student enrolled in grades preschool through fifth grade,

only if the school administration, in consultation with a school psychologist or other mental health

professional, determines that such student’s behavior presents a threat to the physical safety or

health of others, which cannot be reduced or eliminated through interventions and supports. In all

such instances, a school shall use appropriate behavioral supports, including, but not limited to,

restorative justice practices, to address a student’s conduct.

     (d) An out-of-school suspension for violating school regulations involving alcohol, illegal

drugs or controlled substances, or weapons, shall only be imposed on a case-by-case basis, in

accordance with § 16-21-21.1.

     (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 to what action, if any,

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

faculty has been taken to address the disparity. If a review of the data determines that there are no

such disparities, the district shall submit an annual report to that effect. The reports shall be deemed

to be public records for purposes of title 38.

     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 (SEE

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

***

     This act would allow schools to impose an out-of-school suspension of students in grades

six (6) and above, if they are found to be a threat to the physical safety or health of students,

teachers, and administrators or violated school regulations, including alcohol, illegal drugs or

weapons. Younger students may be issued an out-of-school suspension after consultation with a

school psychologist or mental health professional.

     This act would take effect upon passage.

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