2023 -- H 5738

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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: Representative P. Morgan

     Date Introduced: February 21, 2023

     Referred To: House Education

     It is enacted by the General Assembly as follows:

     SECTION 1. Sections 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]" are 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 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) 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 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) On or before September 1, 2023, and annually by September 1 thereafter, the Rhode

Island department of elementary and secondary education (the "department"), 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 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.

     (f)(1) Each school shall develop an in-school suspension program in conjunction with the

department. As part of this in-school suspension program, an area of the school shall be dedicated

to in-school suspension. This area shall be equipped with private cubicles. Each cubicle shall be

equipped with computers. Before beginning serving suspension, each student shall be tested for

achievement level and/or learning needs. This testing shall be used to assign an appropriate learning

module for the child to complete. These modules should be chosen to strengthen the student's ability

to benefit from classroom instruction.

     (2) Each suspended student shall be assigned one or more appropriate computer-driven

instructional modules.

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     16-2-17.1. In school suspensions.

     Suspensions issued shall not be served out of school unless the student’s conduct meets the

standards set forth in § 16-2-17(a) or the student represents a demonstrable threat to students,

teachers, or administrators.

     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 that schools develop a program for in-school suspension that sets

aside and equips a specialized learning area in each school, that is appropriately equipped with

individualized, computer-assisted learning modules consistent with the educational level and goals

of the student.

     This act would take effect upon passage.

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