Overview

Student Discipline in Rhode Island

By David A. Kane, J.D.

In ensuring school safety and schools as centers for learning and academic instruction, school administrators and sometimes courts have had to seek a balance between student's rights and the schools need to maintain a safe learning environment.

By legislative mandate, students, staff members, teachers and administrators in Rhode Island have a right to attend and/or work in a school that is safe, secure, and conducive to learning, and free from threat of physical harm by a disruptive student. (R.I.G.L. 16-2-17)

To assist in achieving this right to a safe school, each school committee must make, maintain and enforce a student discipline code which must be distributed to each student and receipt verified by signature of the student's parent, guardian or custodian. (R.I.G.L. 16-21-21)

Students that violate a school code of conduct may be subject to a school issued punishment or penalty. The extent to which a student can be disciplined and the rights afforded to a student, or, due process , is determined by the disciplinary action taken by the school department. Often these are handled right at the school location involving the student, teacher or teachers and the school administration. Common disciplinary measures include detention, loss of school privileges or restriction from school activities. As the punishment increases, so does the amount of due process afforded the student. This can best be illustrated by distinguishing between the number of days of school removal and the student's classification of enrollment in public school ranging from a general education student; a student entitled to special education and related services; and a student protected by Section 504 of the Rehabilitation Act of 1973. For more information, see: “Discipline – Basic Procedures” and “Discipline – Special Education Procedures”.