Rhode Island 2025 Regular Session

Rhode Island Senate Bill S0230 Compare Versions

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99 S T A T E O F R H O D E I S L A N D
1010 IN GENERAL ASSEMBLY
1111 JANUARY SESSION, A.D. 2025
1212 ____________
1313
1414 A N A C T
1515 RELATING TO EDUCATION -- SCHOOL COMMITTEES AND SUPER INTENDENTS
1616 Introduced By: Senators Quezada, Bell, and Bissaillon
1717 Date Introduced: February 13, 2025
1818 Referred To: Senate Education
1919
2020
2121 It is enacted by the General Assembly as follows:
2222 SECTION 1. Section 16-2-17 of the General Laws in Chapter 16-2 entitled "School 1
2323 Committees and Superintendents [See Title 16 Chapter 97 — The Rhode Island Board of Education 2
2424 Act]" is hereby amended to read as follows: 3
2525 16-2-17. Right to a safe school. 4
2626 (a) Each student, staff member, teacher, and administrator has a right to attend and/or work 5
2727 at a school which is safe and secure, and which is conducive to learning, and which is free from the 6
2828 threat, actual or implied, of physical harm by a disruptive student. A disruptive student is a person 7
2929 who is subject to compulsory school attendance, who exhibits persistent conduct which 8
3030 substantially impedes the ability of other students to learn, or otherwise substantially interferes with 9
3131 the rights stated above, and who has failed to respond to corrective and rehabilitative measures, 10
3232 including restorative justice practices, presented by staff, teachers, or administrators. 11
3333 (b) The school committee, or a school principal as designated by the school committee, 12
3434 may suspend all pupils in grades six (6) and above found guilty of this conduct, or of violation of 13
3535 those school regulations which relate to the rights set forth in subsection (a), or where a student 14
3636 represents a threat to those rights of students, teachers, or administrators, as described in subsection 15
3737 (a). Nothing in this section shall relieve the school committee or school principals from following 16
3838 all procedures required by state and federal law regarding discipline of students with disabilities. 17
3939 (c) The school committee, or a school principal as designated by the school committee, 18
4040 may issue an out-of-school suspension on a student enrolled in grades preschool through fifth grade 19
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4444 only if the school administration, in consultation with a school psychologist or other mental health 1
4545 professional, determines that such student’s behavior presents a threat to the physical safety or 2
4646 health of others which cannot be reduced or eliminated through interventions and supports. In all 3
4747 such instances, a school shall use appropriate behavioral supports, including, but not limited to, 4
4848 restorative justice practices, to address a student’s conduct. 5
4949 (d) An out-of-school suspension for violating school regulations involving alcohol, illegal 6
5050 drugs or controlled substances, or weapons, shall only be imposed on a case-by-case basis, in 7
5151 accordance with § 16-21-21.1. 8
5252 (e) A student suspended under this section may appeal the action of the school committee, 9
5353 or a school principal as designee, to the commissioner of elementary and secondary education who, 10
5454 after notice to the parties interested of the time and place of hearing, shall examine and decide the 11
5555 appeal without cost to the parties involved. Any decision of the commissioner in these matters shall 12
5656 be subject to appeal by the student to the council on elementary and secondary education and any 13
5757 decision of the council may be appealed by the student to the family court for the county in which 14
5858 the school is located as provided in § 42-35-15. 15
5959 (d)(f) All school superintendents, or their designees, shall review annually, the discipline 16
6060 data for their school district, collected in accordance with the specifications set forth in § 16-60-17
6161 4(a)(21), to determine whether the discipline imposed has a disproportionate impact on students 18
6262 based on race, ethnicity, or disability status and to appropriately respond to any such disparity. In 19
6363 addition to the data submitted, if a disparity exists, the every school district shall, after consultation 20
6464 with representatives of the faculty, submit a an annual report to the council on elementary and 21
6565 secondary education describing the conduct of the student, the frequency of the conduct, prior 22
6666 disciplinary actions for the conduct, any other relevant information and corrective actions what 23
6767 action, if any, has been or is being taken to address the any such disparity, after consultation with 24
6868 representatives of the faculty has been taken to address the disparity. If a review of the data 25
6969 determines that there are no such disparities, the district shall submit an annual report to that effect. 26
7070 The reports shall be deemed to be public records for purposes of title 38. 27
7171 (e)(g) On or before September 1, 2023, and annually by September 1 thereafter, the Rhode 28
7272 Island department of education, in coordination with the Rhode Island office of the attorney 29
7373 general, shall, for each school district, annually collect, report, and publish on its website, data on: 30
7474 the number of school resource officers; the use of force against students, including, but not limited 31
7575 to, the number of instances force was used and the type of the force used; arrests of students and 32
7676 reasons for arrest; student referrals to law enforcement and reasons for referral; student referrals to 33
7777 court or court service units; and the number and type of any other disciplinary actions taken or 34
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8181 recommended by school resource officers involving students. All data shall be published in a 1
8282 manner that protects the identities of students and shall be collected and designated by student age, 2
8383 grade, race, ethnicity, gender, language status, and disability, to the extent that the demographic 3
8484 data is available. 4
8585 SECTION 2. This act shall take effect upon passage. 5
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9292 EXPLANATION
9393 BY THE LEGISLATIVE COUNCIL
9494 OF
9595 A N A C T
9696 RELATING TO EDUCATION -- SCHOOL COMMITTE ES AND SUPERINTENDENTS
9797 ***
9898 This act would expand and fine tune the law on the right to a safe school. It would authorize 1
9999 the school administration to issue an out-of-school suspension to students in grade six (6) or above 2
100100 not only if they are disruptive, but also if they are a threat to the safety of students, teachers, or 3
101101 administrators; or found guilty of violating school regulations involving alcohol, illegal drugs or 4
102102 controlled substances, or weapons. The act would also provide that where students are in preschool 5
103103 through grade five (5), the school administration may issue an out-of-school suspension but only 6
104104 after a consultation with a school psychologist or other mental health professional. 7
105105 This act would take effect upon passage. 8
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