2023 -- H 5422

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LC001186

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2023

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A N   A C T

RELATING TO EDUCATION -- SCHOOL COMMITTEES AND SUPERINTENDENTS

     Introduced By: Representatives Diaz, Shallcross Smith, Ajello, Edwards, Giraldo, Hull,
Tanzi, Slater, Caldwell, and Sanchez

     Date Introduced: February 08, 2023

     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 pupils in grades six (6) and above 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) The school committee, or a school principal as designated by the school committee,

may issue an out-of-school suspension on 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 the 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

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 council on elementary and secondary

education and any decision of the council 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(a)(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

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

the what action, if any, has been or is being taken to address any such 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.

     (e)(g) On or before September 1, 2023, and annually by September 1 thereafter, the Rhode

Island department of education, in coordination with the Rhode Island office of the attorney

general, shall, for each school district, annually collect, report, and publish on its website, data on:

the number of school resource officers; the use of force against students, including, but not limited

to, the number of instances force was used and the type of the force used; arrests of students and

reasons for arrest; student referrals to law enforcement and reasons for referral; student referrals to

court or court service units; and the number and type of any other disciplinary actions taken or

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recommended by school resource officers involving students. All data shall be published in a

manner that protects the identities of students and shall be collected and designated by student age,

grade, race, ethnicity, gender, language status, and disability, to the extent that the demographic

data is available.

     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

***

     This act would authorize schools to issue an out-of-school suspension for 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. This act would also authorize schools to issue an out-of-school

suspension, on a case-by case basis, where a student has violated school regulations, including

alcohol, illegal drugs or weapons. The act would further provide that students in grades preschool

through five (5) may be issued an out-of-school suspension only after consultation with a school

psychologist or mental health professional where it is determined that such student’s behavior

presents a threat to the physical safety of others and cannot be reduced through interventions.

     This act would take effect upon passage.

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