Rhode Island HB 7153: AN ACT RELATING TO EDUCATION -- SCHOOL COMMITTEES AND SUPERINTENDENTS (Requires school districts to provide for alternative programs and classroom space, within the school, to reduce the number of out of school suspensions which could lead to other deviant behaviors.)

Bill Text

2018 -- H 7153 
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LC003170 
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S T A T E     O F     R H O D E     I S L A N D 
IN GENERAL ASSEMBLY 
JANUARY SESSION, A.D. 2018 
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A N   A C T 
RELATING TO EDUCATION -- SCHOOL COMMITTEES AND SUPERINTENDENTS 
Introduced   By: Representatives   Ranglin-Vassell,   Ajello,   Donovan,   Fogarty,   and 
Maldonado 
Date Introduced: January 12, 2018 
Referred To: House Health, Education &  Welfare 
 
 
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 1 
Committees  and  Superintendents  [See  Title  16  Chapter  97 - The  Rhode  Island  Board  of 2 
Education Act]" is hereby amended to read as follows: 3 
16-2-17. Right to a safe school. 4 
(a)  Each  student,  staff  member,  teacher,  and  administrator  has  a  right  to  attend  and/or 5 
work at a school which is safe and secure, and which is conducive to learning, and which is free 6 
from the threat, actual or implied, of physical harm by a disruptive student. A disruptive student 7 
is  a  person  who  is  subject  to  compulsory  school  attendance,  who  exhibits  persistent  conduct 8 
which  substantially  impedes  the  ability  of  other  students  to  learn,  or  otherwise  substantially 9 
interferes  with  the  rights  stated  above,  and  who  has  failed  to  respond  to  corrective  and 10 
rehabilitative measures presented by staff, teachers, or administrators. 11 
(b) The school committee, or  a  school  principal as  designated  by  the  school  committee, 12 
may  suspend  all  pupils  found  guilty  of  this  conduct,  or  of  violation  of  those  school  regulations 13 
which relate to the rights set forth in subsection (a), or where a student represents a threat to those 14 
rights  of  students,  teachers,  or  administrators,  as  described  in  subsection  (a).  Nothing  in  this 15 
section  shall  relieve the  school  committee  or  school  principals  from  following  all  procedures 16 
required by state and federal law regarding discipline of students with disabilities. 17 
(c)  A  student  suspended  under  this  section  may  appeal  the  action  of  the  school 18 
committee,  or  a  school  principal  as  designee, to  the  commissioner of  elementary  and  secondary 19 

 
 
 
LC003170 - Page 2 of 4 
education  who,  after  notice  to  the  parties  interested  of  the  time  and  place  of  hearing,  shall 1 
examine  and  decide  the  appeal  without  cost  to  the  parties  involved.  Any  decision  of  the 2 
commissioner in these matters shall be subject to appeal by the student to the board of regents for 3 
elementary and secondary education and any decision of the board of regents may be appealed by 4 
the student to the family court for the county in which the school is located as provided in § 42-5 
35-15. 6 
(d)  All  school  superintendents,  or  their  designees,  shall  review  annually,  the  discipline 7 
data for their school district, collected in accordance with the specifications set forth in § 16-60-8 
4(21),  to  determine whether  the  discipline  imposed  has  a  disproportionate  impact  on  students 9 
based on race, ethnicity, or disability status and to appropriately respond to any such disparity. In 10 
addition to the data submitted, if a disparity exists, the school district shall submit a report to the 11 
council  on  elementary  and  secondary  education  describing  the  conduct  of  the  student,  the 12 
frequency   of   the   conduct,   prior   disciplinary   actions   for   the   conduct,   any   other   relevant 13 
information and corrective actions to address the disparity, after consultation with representatives 14 
of  the  faculty  has  been taken  to  address  the  disparity.  The  reports  shall  be  deemed  to  be  public 15 
records for purposes of title 38. 16 
(e)  In  creating  and  enforcing  a  school  conduct  and  discipline  code,  each  school district 17 
shall, on and after January 1, 2019,  provide for alternative programs to out-of-school suspensions 18 
that  impose  proportionate  disciplinary  interventions  and  consequences  designed  to  reduce 19 
referrals to law enforcement, except where these referrals are required by law. Plans shall provide 20 
for the appropriate use of prevention, intervention, restorative justice, peer mediation, counseling 21 
or other approaches to address  student misconduct, designed  to reduce  student's exposure  to the 22 
courts  and the  criminal justice  system as well as increasing the likelihood of youth persisting in 23 
delinquent or criminal behaviors. The plans shall state that school administration shall not order a 24 
victim's  participation  in  a  restorative  justice  practice  or  peer  mediation  if  the  victim  alleges  the 25 
misconduct  involves  unlawful  sexual  behavior,  domestic  violence,  stalking  or  the  violation  of  a 26 
protection  order.  The  plan  shall  ensure  that