2022 -- H 7848

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LC005414

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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

     Introduced By: Representatives Ranglin-Vassell, Tanzi, Amore, and Donovan

     Date Introduced: March 04, 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

presented by staff, teachers, or administrators.

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

may suspend all pupils found guilty of this conduct, or of 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). 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) 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) 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 school district shall submit a 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 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.

     (e) In creating and enforcing a school conduct and discipline code, each school district

shall, on and after January 1, 2023, provide for alternative programs to out-of-school suspensions

that impose proportionate disciplinary interventions and consequences designed to reduce referrals

to law enforcement, except where these referrals are required by law. Plans shall provide for the

appropriate use of prevention, intervention, restorative justice, peer mediation, counseling or other

approaches to address student misconduct, designed to reduce students' exposure to the courts and

the criminal justice system as well as increasing the likelihood of youth persisting in delinquent or

criminal behaviors. The plans shall state that school administration shall not order a victim's

participation in a restorative justice practice or peer mediation if the victim alleges the misconduct

involves unlawful sexual behavior, domestic violence, stalking or the violation of a protection

order. The plan shall ensure that the code complies with all laws concerning the education of

students with disabilities. The plan shall require and provide space within each school for this

program. In the event that there is a violation of the code of conduct or a student poses a threat to

a peer, teacher, administrator, support staff or themselves, that student should be placed in an

alternative educational setting within the school with continuation of educational services to

include conflict resolution, restorative justice practices and mediation. An alternative setting would

be outside of the regular classroom setting and with a RIDE certified teacher. Students not deemed

a physical threat should not be given out-of-school suspension for infractions such as dress code

violations or insubordination. Before a student receives an out-of-school suspension there should

be tiered intervention which includes:

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     (1) Meeting with student;

     (2) Meeting with student and parent/guardian; and

     (3) Detention.

     For students receiving special education services, if the infraction presented is due to their

disability, that student must be accommodated and be provided with support services based on their

IEP.

     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 require school districts to provide for alternative programs and classroom

space, within the school, to reduce the number of out-of-school suspensions. Students that pose a

threat to a peer, teacher, administrator, support staff or themselves would be placed in an alternative

educational setting within the school with a RIDE certified teacher.

     This act would take effect upon passage.

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