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5 | 5 | | 2025 -- S 0230 |
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6 | 6 | | ======== |
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7 | 7 | | LC000647 |
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8 | 8 | | ======== |
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9 | 9 | | S T A T E O F R H O D E I S L A N D |
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10 | 10 | | IN GENERAL ASSEMBLY |
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11 | 11 | | JANUARY SESSION, A.D. 2025 |
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12 | 12 | | ____________ |
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13 | 13 | | |
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14 | 14 | | A N A C T |
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15 | 15 | | RELATING TO EDUCATION -- SCHOOL COMMITTEES AND SUPER INTENDENTS |
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16 | 16 | | Introduced By: Senators Quezada, Bell, and Bissaillon |
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17 | 17 | | Date Introduced: February 13, 2025 |
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18 | 18 | | Referred To: Senate Education |
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19 | 19 | | |
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20 | 20 | | |
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21 | 21 | | It is enacted by the General Assembly as follows: |
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22 | 22 | | SECTION 1. Section 16-2-17 of the General Laws in Chapter 16-2 entitled "School 1 |
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23 | 23 | | Committees and Superintendents [See Title 16 Chapter 97 — The Rhode Island Board of Education 2 |
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24 | 24 | | Act]" is hereby amended to read as follows: 3 |
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25 | 25 | | 16-2-17. Right to a safe school. 4 |
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26 | 26 | | (a) Each student, staff member, teacher, and administrator has a right to attend and/or work 5 |
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27 | 27 | | at a school which is safe and secure, and which is conducive to learning, and which is free from the 6 |
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28 | 28 | | threat, actual or implied, of physical harm by a disruptive student. A disruptive student is a person 7 |
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29 | 29 | | who is subject to compulsory school attendance, who exhibits persistent conduct which 8 |
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30 | 30 | | substantially impedes the ability of other students to learn, or otherwise substantially interferes with 9 |
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31 | 31 | | the rights stated above, and who has failed to respond to corrective and rehabilitative measures, 10 |
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32 | 32 | | including restorative justice practices, presented by staff, teachers, or administrators. 11 |
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33 | 33 | | (b) The school committee, or a school principal as designated by the school committee, 12 |
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34 | 34 | | may suspend all pupils in grades six (6) and above found guilty of this conduct, or of violation of 13 |
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35 | 35 | | those school regulations which relate to the rights set forth in subsection (a), or where a student 14 |
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36 | 36 | | represents a threat to those rights of students, teachers, or administrators, as described in subsection 15 |
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37 | 37 | | (a). Nothing in this section shall relieve the school committee or school principals from following 16 |
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38 | 38 | | all procedures required by state and federal law regarding discipline of students with disabilities. 17 |
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39 | 39 | | (c) The school committee, or a school principal as designated by the school committee, 18 |
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40 | 40 | | may issue an out-of-school suspension on a student enrolled in grades preschool through fifth grade 19 |
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41 | 41 | | |
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42 | 42 | | |
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43 | 43 | | LC000647 - Page 2 of 4 |
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44 | 44 | | only if the school administration, in consultation with a school psychologist or other mental health 1 |
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45 | 45 | | professional, determines that such student’s behavior presents a threat to the physical safety or 2 |
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46 | 46 | | health of others which cannot be reduced or eliminated through interventions and supports. In all 3 |
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47 | 47 | | such instances, a school shall use appropriate behavioral supports, including, but not limited to, 4 |
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48 | 48 | | restorative justice practices, to address a student’s conduct. 5 |
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49 | 49 | | (d) An out-of-school suspension for violating school regulations involving alcohol, illegal 6 |
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50 | 50 | | drugs or controlled substances, or weapons, shall only be imposed on a case-by-case basis, in 7 |
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51 | 51 | | accordance with § 16-21-21.1. 8 |
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52 | 52 | | (e) A student suspended under this section may appeal the action of the school committee, 9 |
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53 | 53 | | or a school principal as designee, to the commissioner of elementary and secondary education who, 10 |
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54 | 54 | | after notice to the parties interested of the time and place of hearing, shall examine and decide the 11 |
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55 | 55 | | appeal without cost to the parties involved. Any decision of the commissioner in these matters shall 12 |
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56 | 56 | | be subject to appeal by the student to the council on elementary and secondary education and any 13 |
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57 | 57 | | decision of the council may be appealed by the student to the family court for the county in which 14 |
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58 | 58 | | the school is located as provided in § 42-35-15. 15 |
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59 | 59 | | (d)(f) All school superintendents, or their designees, shall review annually, the discipline 16 |
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60 | 60 | | data for their school district, collected in accordance with the specifications set forth in § 16-60-17 |
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61 | 61 | | 4(a)(21), to determine whether the discipline imposed has a disproportionate impact on students 18 |
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62 | 62 | | based on race, ethnicity, or disability status and to appropriately respond to any such disparity. In 19 |
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63 | 63 | | addition to the data submitted, if a disparity exists, the every school district shall, after consultation 20 |
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64 | 64 | | with representatives of the faculty, submit a an annual report to the council on elementary and 21 |
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65 | 65 | | secondary education describing the conduct of the student, the frequency of the conduct, prior 22 |
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66 | 66 | | disciplinary actions for the conduct, any other relevant information and corrective actions what 23 |
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67 | 67 | | action, if any, has been or is being taken to address the any such disparity, after consultation with 24 |
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68 | 68 | | representatives of the faculty has been taken to address the disparity. If a review of the data 25 |
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69 | 69 | | determines that there are no such disparities, the district shall submit an annual report to that effect. 26 |
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70 | 70 | | The reports shall be deemed to be public records for purposes of title 38. 27 |
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71 | 71 | | (e)(g) On or before September 1, 2023, and annually by September 1 thereafter, the Rhode 28 |
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72 | 72 | | Island department of education, in coordination with the Rhode Island office of the attorney 29 |
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73 | 73 | | general, shall, for each school district, annually collect, report, and publish on its website, data on: 30 |
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74 | 74 | | the number of school resource officers; the use of force against students, including, but not limited 31 |
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75 | 75 | | to, the number of instances force was used and the type of the force used; arrests of students and 32 |
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76 | 76 | | reasons for arrest; student referrals to law enforcement and reasons for referral; student referrals to 33 |
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77 | 77 | | court or court service units; and the number and type of any other disciplinary actions taken or 34 |
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78 | 78 | | |
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79 | 79 | | |
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80 | 80 | | LC000647 - Page 3 of 4 |
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81 | 81 | | recommended by school resource officers involving students. All data shall be published in a 1 |
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82 | 82 | | manner that protects the identities of students and shall be collected and designated by student age, 2 |
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83 | 83 | | grade, race, ethnicity, gender, language status, and disability, to the extent that the demographic 3 |
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84 | 84 | | data is available. 4 |
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85 | 85 | | SECTION 2. This act shall take effect upon passage. 5 |
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86 | 86 | | ======== |
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87 | 87 | | LC000647 |
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89 | 89 | | |
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90 | 90 | | |
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91 | 91 | | LC000647 - Page 4 of 4 |
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92 | 92 | | EXPLANATION |
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93 | 93 | | BY THE LEGISLATIVE COUNCIL |
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94 | 94 | | OF |
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95 | 95 | | A N A C T |
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96 | 96 | | RELATING TO EDUCATION -- SCHOOL COMMITTE ES AND SUPERINTENDENTS |
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97 | 97 | | *** |
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98 | 98 | | This act would expand and fine tune the law on the right to a safe school. It would authorize 1 |
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99 | 99 | | the school administration to issue an out-of-school suspension to students in grade six (6) or above 2 |
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100 | 100 | | not only if they are disruptive, but also if they are a threat to the safety of students, teachers, or 3 |
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101 | 101 | | administrators; or found guilty of violating school regulations involving alcohol, illegal drugs or 4 |
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102 | 102 | | controlled substances, or weapons. The act would also provide that where students are in preschool 5 |
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103 | 103 | | through grade five (5), the school administration may issue an out-of-school suspension but only 6 |
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104 | 104 | | after a consultation with a school psychologist or other mental health professional. 7 |
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105 | 105 | | This act would take effect upon passage. 8 |
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107 | 107 | | LC000647 |
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