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5 | 5 | | 2025 -- S 0237 |
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6 | 6 | | ======== |
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7 | 7 | | LC000381 |
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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 -- RIGHTS OF STUDENTS ACT |
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16 | 16 | | Introduced By: Senators E Morgan, and Paolino |
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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. Title 16 of the General Laws entitled "EDUCATION" is hereby amended by 1 |
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23 | 23 | | adding thereto the following chapter: 2 |
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24 | 24 | | CHAPTER 117 3 |
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25 | 25 | | RIGHTS OF STUDENTS ACT 4 |
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26 | 26 | | 16-117-1. Short title. 5 |
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27 | 27 | | This chapter shall be known and may be cited as the "Rights of Students Act." 6 |
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28 | 28 | | 16-117-2. Definitions. 7 |
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29 | 29 | | The following words and phrases, as used in this chapter, shall have the following 8 |
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30 | 30 | | meanings: 9 |
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31 | 31 | | (1) "Public educational institution" means any of the following: 10 |
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32 | 32 | | (i) A school district, including its schools. 11 |
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33 | 33 | | (ii) A charter school, including any district charter school, independent charter school or 12 |
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34 | 34 | | mayoral academy. 13 |
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35 | 35 | | (iii) An accommodation school. 14 |
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36 | 36 | | (iv) Any state school for the deaf, blind or visually impaired, including, but not limited to, 15 |
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37 | 37 | | the Rhode Island school for the deaf. 16 |
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38 | 38 | | 16-117-3. Rights of students. 17 |
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39 | 39 | | (a) A public educational institution shall not discriminate against students or parents on the 18 |
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40 | 40 | | basis of a religious viewpoint or religious expression. 19 |
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42 | 42 | | |
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43 | 43 | | LC000381 - Page 2 of 4 |
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44 | 44 | | (b) If an assignment requires a student's viewpoint to be expressed in coursework, artwork 1 |
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45 | 45 | | or other written or oral assignments, a public educational institution shall not penalize or reward a 2 |
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46 | 46 | | student on the basis of religious content or a religious viewpoint. In such an assignment, a student's 3 |
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47 | 47 | | academic work that expresses a religious viewpoint shall be evaluated based on ordinary academic 4 |
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48 | 48 | | standards of substance and relevance to the course curriculum or requirements of the coursework 5 |
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49 | 49 | | or assignment. 6 |
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50 | 50 | | (c) Students in public educational institutions may pray or engage in religious activities or 7 |
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51 | 51 | | religious expression before, during and after the school day in the same manner and to the same 8 |
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52 | 52 | | extent that students may engage in nonreligious activities or expression. 9 |
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53 | 53 | | (d) Students in public educational institutions may wear clothing, accessories and jewelry 10 |
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54 | 54 | | that display religious messages or religious symbols in the same manner and to the same extent that 11 |
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55 | 55 | | other types of clothing, accessories and jewelry that display messages or symbols are permitted. 12 |
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56 | 56 | | (e) This section shall not be construed to authorize this state or any of its political 13 |
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57 | 57 | | subdivisions to do either of the following: 14 |
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58 | 58 | | (1) Require any person to participate in prayer or in any other religious activity. 15 |
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59 | 59 | | (2) Violate the constitutional rights of any person. 16 |
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60 | 60 | | (f) This section shall not be construed to limit the authority of any public educational 17 |
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61 | 61 | | institution to do any of the following: 18 |
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62 | 62 | | (1) Maintain order and discipline on the campus of the public educational institution in a 19 |
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63 | 63 | | content and viewpoint neutral manner. 20 |
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64 | 64 | | (2) Protect the safety of students, employees and visitors of the public educational 21 |
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65 | 65 | | institution. 22 |
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66 | 66 | | (3) Adopt and enforce policies and procedures regarding student speech at school; provided 23 |
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67 | 67 | | that, the policies and procedures do not violate the rights of students as guaranteed by the United 24 |
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68 | 68 | | States and Rhode Island constitutions and laws. 25 |
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69 | 69 | | (4) Adopt and enforce policies and procedures that prohibit students from wearing any type 26 |
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70 | 70 | | of clothing, accessories and jewelry that is worn with the intent to convey affiliation with a criminal 27 |
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71 | 71 | | street gang as defined in ยง 12-19-39. 28 |
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72 | 72 | | (g) A student or a student's parent shall not initiate legal action to enforce this section unless 29 |
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73 | 73 | | the student or the student's parent has done the following: 30 |
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74 | 74 | | (1) The student or the student's parent shall submit a complaint in writing with the specific 31 |
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75 | 75 | | facts of the alleged violation to the principal of the school. The principal shall investigate the 32 |
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76 | 76 | | complaint and respond in writing, including a description of any action taken to resolve the 33 |
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77 | 77 | | complaint, within fifteen (15) days of receiving the written complaint. 34 |
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78 | 78 | | |
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79 | 79 | | |
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80 | 80 | | LC000381 - Page 3 of 4 |
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81 | 81 | | (2) If the action taken by the principal of the school does not resolve the complaint of the 1 |
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82 | 82 | | student or the student's parent, the student or the student's parent shall submit a complaint in writing 2 |
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83 | 83 | | with the specific facts of the alleged violation to the superintendent or designated administrator. 3 |
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84 | 84 | | The superintendent or designated administrator shall investigate the complaint and respond in 4 |
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85 | 85 | | writing, including a description of any action taken to resolve the complaint, within twenty-five 5 |
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86 | 86 | | (25) days of receiving the written complaint. 6 |
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87 | 87 | | (3) If the action taken by the superintendent or designated administrator does not resolve 7 |
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88 | 88 | | the complaint of the student or the student's parent, the student or the student's parent may pursue 8 |
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89 | 89 | | legal action to enforce this section. 9 |
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90 | 90 | | 16-117-4. Severability. 10 |
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91 | 91 | | If any provision or phrase of this chapter or application of this chapter to any person or 11 |
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92 | 92 | | circumstances is held invalid, the invalidity shall not affect other provisions or phrases or 12 |
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93 | 93 | | applications of this chapter that can be given effect without the invalid provision or phrase or 13 |
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94 | 94 | | application, and to this end the provisions and phrases of this chapter are severable. 14 |
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95 | 95 | | SECTION 2. This act shall take effect upon passage. 15 |
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97 | 97 | | LC000381 |
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100 | 100 | | |
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101 | 101 | | LC000381 - Page 4 of 4 |
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102 | 102 | | EXPLANATION |
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103 | 103 | | BY THE LEGISLATIVE COUNCIL |
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104 | 104 | | OF |
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105 | 105 | | A N A C T |
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106 | 106 | | RELATING TO EDUCATION -- RIGHTS OF STUDENTS ACT |
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107 | 107 | | *** |
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108 | 108 | | This act would create the "Rights of Students Act" to provide protections for students and 1 |
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109 | 109 | | parents against discrimination on the basis of a religious viewpoint or religious expression. This 2 |
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110 | 110 | | act would also allow students to pray or engage in religious activities before, during or after school 3 |
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111 | 111 | | as well as to wear clothing, jewelry or accessories that display religious messages or symbols. 4 |
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112 | 112 | | Additionally, the act would create a complaint process for a student or parent seeking to file legal 5 |
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113 | 113 | | action to enforce this act. 6 |
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114 | 114 | | This act would take effect upon passage. 7 |
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116 | 116 | | LC000381 |
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