Chapter 391
2022 -- H 6649 SUBSTITUTE A
Enacted 06/30/2022

A N   A C T
RELATING TO EDUCATION -- SCHOOL COMMITTEES AND SUPERINTENDENTS

Introduced By: Representatives McNamara, and Diaz

Date Introduced: January 06, 2022

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
council on elementary and secondary education and any decision of the board of regents 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(21)
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 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
recommended by school resource officers involving students. All such 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 such the
demographic data is available.
     SECTION 2. This act shall take effect upon passage.
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LC003475/SUB A
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