§ 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 substantially impedes the ability of other students to learn, or otherwise substantially interferes with 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). Nothing in 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 secondary education 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 council on elementary and secondary education and any decision of the council 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(a)(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) On or before September 1, 2023, and annually by September 1 thereafter, the Rhode Island department of education, in coordination with the Rhode Island office 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, including, but not limited to, the number of instances force was used and the type of the force used; 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 the number and type of any other disciplinary actions taken or recommended by school resource officers involving students. All 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 the demographic data is available.
History of Section.G.L. 1896, ch. 60, § 12; G.L. 1909, ch. 67, § 8; G.L. 1923, ch. 70, § 21; G.L. 1938, ch. 178, § 21; G.L. 1956, § 16-2-17; P.L. 1992, ch. 358, § 1; P.L. 1998, ch. 30, § 2; P.L. 1998, ch. 51, § 2; P.L. 2016, ch. 171, § 1; P.L. 2016, ch. 186, § 1; P.L. 2022, ch. 391, § 1, effective June 30, 2022; P.L. 2022, ch. 392, § 1, effective June 30, 2022.
Structure Rhode Island General Laws
Section 16-2-1. - Cities included as towns.
Section 16-2-2. - City and town schools required — School year — Location — Kindergartens.
Section 16-2-3. - Emergency reduction of school year.
Section 16-2-5.1. - Professional development.
Section 16-2-6. - Chairperson and clerk of city or town committee.
Section 16-2-7. - Distribution of documents and blanks by clerk.
Section 16-2-8. - Regular meetings of committee.
Section 16-2-9. - General powers and duties of school committees. [Effective until January 1, 2023.]
Section 16-2-9.1. - Code of basic management principles and ethical school standards.
Section 16-2-9.2. - Joint purchasing agreements.
Section 16-2-9.3. - The advisory council on school finances.
Section 16-2-9.4. - School district accounting compliance.
Section 16-2-9.5. - Other post-employment benefits — OPEB trusts.
Section 16-2-9.6. - Joint purchasing agreements for technology and IT infrastructure.
Section 16-2-10. - Certification of superintendents.
Section 16-2-11. - General powers and duties of superintendent.
Section 16-2-11.1. - General powers and duties of school principals.
Section 16-2-12. - Joint superintendent employed by two or more cities or towns.
Section 16-2-13. - Joint committee — Annual convention — Superintendent — Dissolution.
Section 16-2-15. - Location of schools — Control of property.
Section 16-2-16. - Rules and regulations — Curriculum.
Section 16-2-17. - Right to a safe school.
Section 16-2-17.1. - In school suspensions.
Section 16-2-18. - Selection of teachers and superintendent — General control of schools — Expenses.
Section 16-2-18.1. - Criminal records review.
Section 16-2-18.2. - Prior criminal records checks.
Section 16-2-18.3. - Rules and regulations.
Section 16-2-18.4. - Criminal records review for volunteers.
Section 16-2-18.5. - Prior criminal records checks for school volunteers.
Section 16-2-19. - Children attending in adjoining cities or towns.
Section 16-2-20. - Visitation and examination of schools.
Section 16-2-21. - Pre-budget consultation — Annual reports — Appropriation requests — Budgets.
Section 16-2-21.1. - Repealed.
Section 16-2-21.2. - Three-year budget forecasting process.
Section 16-2-21.3. - Meetings with city and town councils.
Section 16-2-21.4. - School budgets — Compliance with certain requirements.
Section 16-2-21.5. - Notification of state school aid to school districts.
Section 16-2-21.6. - Collective bargaining fiscal impact statements.
Section 16-2-23. - Expenditures pending annual appropriation.
Section 16-2-24. - Survey of city or town schools.
Section 16-2-25. - Distribution of powers in Providence and Cranston.
Section 16-2-26. - Special statutes prevailing.
Section 16-2-27. - Eligibility for attendance — Kindergarten.
Section 16-2-28. - Eligibility for attendance — First grade.
Section 16-2-28.1. - Regulations.
Section 16-2-28.2. - Kindergarten multiple sessions.
Section 16-2-30. - School lunch programs.
Section 16-2-31. - School crossing guard equipment.
Section 16-2-32. - Policy manual for school committee.
Section 16-2-33. - City of Woonsocket — Compensation to school committee members.
Section 16-2-33.1. - City of Woonsocket — School dress code.
Section 16-2-33.2. - City of Central Falls — School dress code.
Section 16-2-34. - Central Falls School District board of trustees.
Section 16-2-35. - The Middletown public schools sponsorship program.