Introduced By: Rep. S. Anderson
Date Introduced : January 8, 1998
It is enacted by the General Assembly as follows:
SECTION 1. Title 16 of the General Laws entitled "Education" is hereby amended by adding thereto the following chapter:
{ADD 16-81-1. Right to a safe school. -- ADD} {ADD (a) Each student, staff member, teacher, and administrator has a right to attend and/or work in an institution of higher education 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 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. ADD}
{ADD (b) The governing body as designated by each institution of higher education may suspend or expel all students found guilty of said conduct or where a student represents a threat to those rights of students, teachers, or administrators, as described in subsection (a). Nothing herein shall relieve the institution of higher education from following all procedures required by state and federal law regarding discipline of students with disabilities. ADD}
{ADD (c) Any decision of the designated governing body shall be subject to appeal by the student as provided by the rules and regulations of each institution of higher education. Said procedures shall assure due process which shall include at a minimum time-lines for a prompt hearing; adequate notice to the student stating the rule allegedly violated and giving a specific description of the incident and evidence that will be used against the student; an opportunity prior to the hearings to review any evidence supporting the allegation; an impartial decision maker or team of decision makers; a right to confront and cross-examine witnesses; the opportunity to be represented by counsel; and a written decision setting forth clearly the grounds for the action of the school. ADD}
SECTION 2. Section 16-2-17 of the General Laws in Chapter 16-2 entitled "School Committees and Superintendents" 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 {DEL , DEL} {ADD and ADD}
secure, and {DEL peaceful, DEL} 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 {DEL incorrigibly
bad DEL} {ADD persistent ADD} conduct {ADD which substantially
impedes the ability of other students to learn, or otherwise substantially interferes with the rights stated aboveADD}, and who has
failed to respond to corrective and {DEL rehabilitation DEL}
{ADD rehabilitative ADD} measures presented by staff, teachers, or
administrators.
(b) The school committee, or a school principal as designated
by the school committee may suspend {DEL during pleasure DEL}
all pupils found guilty of {DEL incorrigibly bad DEL} {ADD said ADD}
conduct or of violation of the school regulations {ADD which relate to the rights set forth in subsection (a)ADD}, or where a student represents a threat to those rights of students,
teachers or administrators, as described in subsection (a). {ADD Nothing
herein shall relieve the school committee or school principals from
following all procedures required by state and federal law regarding
discipline of students with disabilities. ADD}
{ADD (c) ADD} 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 section 42-35-15.
