House Bill #5827 (2021)

AN ACT RELATING TO EDUCATION -- SCHOOL COMMITTEE AND SUPERINTENDENTS

Requires the RIDE in coordination with the department of the attorney general to collect all public data concerning the use of force, arrest, and referrals to law enforcement or courts in different categories with a reasonable explanation.

View latest version | View original version
View status on official RI website

Subscribe to email updates


Changes since original draft

  • 2021 – H 5827
  • 2021 – H 5827 SUBSTITUTE A
  • ========
  • LC001836
  • LC001836/SUB A
  • ========
  • S T A T E O F R H O D E I S L A N D
  • 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. 2021
  • ____________
  • A N A C T
  • A N A C T
  • RELATING TO EDUCATION – SCHOOL COMMITTEE AND SUPERINTENDENTS
  • Introduced By: Representatives McNamara, and Diaz
  • Date Introduced: February 24, 2021
  • Referred To: House Education
  • 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 Committees and Superintendents [See Title 16 Chapter 97 - The Rhode Island Board of Education Act]" 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 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 is subject to compulsory school attendance, who exhibits persistent conduct which substantiallyimpedestheabilityofother studentstolearn,orotherwisesubstantiallyinterfereswith the rights stated above, and who has failed to respond to corrective and rehabilitative measures presented by staff, teachers, or administrators.
  • (b) The school committee, or a school principal as designated by the school committee, may suspend all pupils found guilty of this conduct, or of violation of those school regulations which relate to the rights set forth in subsection (a), or where a student represents a threat to those rights of students, teachers,or administrators, as described in subsection (a). Nothingin this section shall relieve the school committee or school principals from following all procedures required by state and federal law regarding discipline of students with disabilities.
  • (c) 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 secondaryeducation 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 § 42-35-15.
  • (d) All school superintendents, or their designees, shall review annually, the discipline data for their school district, collected in accordance with the specifications set forth in § 16-60-4(21), to determine whether the discipline imposed has a disproportionate impact on students based on race, ethnicity, or disability status and to appropriately respond to any such disparity. In addition to the data submitted, if a disparity exists, the school district shall submit a report to the council on elementary and secondary education describing the conduct of the student, the frequency of the conduct, prior disciplinary actions for the conduct, any other relevant information and corrective actions to address the disparity, after consultation with representatives of the faculty has been taken to address the disparity. The reports shall be deemed to be public records for purposes of title 38.
  • (e)TheRhodeIslanddepartment ofeducation,incoordinationwiththeRhodeIslandoffice of the attorneygeneral,shall annuallycollect,report, and publishonitswebsite, data onthe number of school resource officers in each school district, the use of force against students; arrests of studentsandreasonsforarrest; studentreferralstolawenforcement andreasonsforreferral;student referrals to court or court service units; and other disciplinary actions by school resource officers involving students. Such data shall be published in a manner that protects the identities of students and be designated by student age, grade, race, ethnicity, gender, language status, and disability, if such data is available.
  • SECTION 2. This act shall take effect upon passage.
  • (d) All school superintendents, or their designees, shall review annually, the discipline data for their school district, collected in accordance with the specifications set forth in § 16-60-4(21), to determine whether the discipline imposed has a disproportionate impact on students based on race, ethnicity, or disability status and to appropriately respond to any such disparity. In addition to the data submitted, if a disparity exists, the school district shall submit a report to the council on elementary and secondary education describing the conduct of the student, the frequency of the conduct, prior disciplinary actions for the conduct, any other relevant information and corrective actions to address the disparity, after consultation with representatives of the faculty has been taken to address the disparity. The reports shall be deemed to be public records for purposes of title 38.
  • (e)TheRhodeIslanddepartment ofeducation,incoordinationwiththeRhodeIslandoffice of the attorney general, shall, for each school district, annually collect, report, and publish on its website, data on: the number of school resource officers; the use of force against students; arrests of students and reasons for arrest; student referrals to law enforcement and reasons for referral; student referrals to court or court service units; and other disciplinary actions by school resource officers involving students. All such data shall be published in a manner that protects the identities of students and shall be collected and designated by student age, grade, race, ethnicity, gender, language status, and disability, to the extent that such demographic data is available.
  • SECTION 2. This act shall take effect upon passage.
  • ========
  • LC001836
  • LC001836/SUB A
  • ========
  • EXPLANATION
  • BY THE LEGISLATIVE COUNCIL
  • OF
  • A N A C T
  • RELATING TO EDUCATION – SCHOOL COMMITTEE AND SUPERINTENDENTS
  • ***
  • This act would require the department of education in coordination with the attorney general to collect and publish data concerning school resource officers in each district, including use of force against students, arrests, and referrals to law enforcement or courts.
  • This act would take effect upon passage. ======== LC001836 ========
  • This act would take effect upon passage. ======== LC001836/SUB A ========

Votes

NOTE: Electronic voting records are unofficial and may not be accurate. For an official vote tally, check the House or Senate Journal from the day of the vote.

Floor vote for PASSAGE

June 06, 2019 at 4:53pm
Yeas: 71 / Nays: 0 / Not voting: 4 / Recused: 0
Legislator Vote
Rep. Abney Y
Rep. Ackerman NV
Rep. Ajello Y
Rep. Almeida Y
Rep. Alzate Y
Rep. Amore Y
Rep. Azzinaro Y
Rep. Barros Y
Rep. Bennett Y
Rep. Blazejewski Y
Rep. Caldwell Y
Rep. Canario Y
Rep. Carson Y
Rep. Casey Y
Rep. Casimiro Y
Rep. Cassar Y
Rep. Chippendale Y
Rep. Cortvriend Y
Rep. Corvese Y
Rep. Costantino Y
Rep. Craven Y
Rep. Diaz Y
Rep. Donovan Y
Rep. Edwards Y
Rep. Fellela Y
Rep. Filippi Y
Rep. Fogarty Y
Rep. Handy Y
Rep. Hawkins Y
Rep. Hull Y
Rep. Jackson Y
Rep. Jacquard Y
Rep. Johnston Y
Rep. Kazarian Y
Rep. Kennedy Y
Rep. Kislak NV
Rep. Knight Y
Rep. Lima Y
Rep. Lombardi Y
Rep. Lyle Y
Rep. Maldonado Y
Rep. Marszalkowski Y
Rep. Mattiello Y
Rep. McEntee Y
Rep. McKiernan Y
Rep. McLaughlin Y
Rep. McNamara Y
Rep. Mendez Y
Rep. Messier Y
Rep. Millea Y
Rep. Morin NV
Rep. Nardone Y
Rep. Newberry Y
Rep. Noret Y
Rep. O'Brien Y
Rep. Phillips Y
Rep. Place Y
Rep. Price Y
Rep. Quattrocchi Y
Rep. Ranglin-Vassell Y
Rep. Roberts Y
Rep. Ruggiero Y
Rep. Serodio Y
Rep. Serpa Y
Rep. Shanley Y
Rep. Shekarchi Y
Rep. Slater Y
Rep. Solomon Y
Rep. Speakman Y
Rep. Tanzi Y
Rep. Tobon Y
Rep. Ucci NV
Rep. Vella-Wilkinson Y
Rep. Walsh Y
Rep. Williams Y