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A 13-year-old in Pawtucket gets into a shoving match in the cafeteria, and the assistant principal says the word 'suspension.' In Rhode Island, that does not automatically mean staying home. State law says most suspensions are served inside the school unless the student is a demonstrable threat (a real, showable danger) to others or meets the state's definition of a disruptive student. This article explains that rule, the appeal path, and what a school must do when someone reports bullying.
Who has to be in school, and until when
In Rhode Island, a child who turns 6 on or before September 1, or who is enrolled in kindergarten, must attend school until turning 18. Before a school sends a truancy case (repeated unexcused absence) to Family Court, the law says it must first talk with the parent and work with the student's support team, such as an IEP or attendance team.
A superintendent can waive the requirement only if the student has an approved alternative learning plan toward a diploma or its equivalent.
Suspensions stay in school unless there is a real threat
Rhode Island defines a disruptive student as one whose persistent conduct substantially gets in the way of other students' learning and who has not responded to the school's corrective steps. The school committee, or a principal it names, may suspend for that conduct. Since 2016, those suspensions cannot be served out of school unless the student meets that definition or is a demonstrable threat.
The U.S. Supreme Court set the federal floor in Goss v. Lopez (1975): before a suspension of 10 days or less, a public school student must be told the charges and, if the student denies them, hear the evidence and get a chance to tell their side. So tell your side. You are allowed to.
We could not confirm a single statewide cap on how many days a suspension or expulsion can last. Your district's student handbook lists its own limits.
What a school must do after a bullying report
Every Rhode Island public district and charter school must follow one statewide bullying policy written by the Rhode Island Department of Education (RIDE, the state education agency). It covers bullying, cyberbullying, and retaliation. Students can report anonymously, though no one can be disciplined based only on an anonymous report.
The school must notify the parents of both the targeted student and the accused student within 24 hours of the incident report, investigate promptly, and tell the targeted student's parents what it is doing to stop it. A principal or designee is in charge. The policy also says no student is suspended for bullying unless it is a necessary consequence.
How to appeal in Rhode Island
A suspended student can appeal to the Commissioner of Elementary and Secondary Education, who gives notice of a hearing and decides the appeal at no cost to the family. After that, the student can appeal to the Council on Elementary and Secondary Education, and then to the Family Court in the county where the school is. Any other decision of a school committee can also be appealed to the commissioner.
First, ask the school for the written reason for the suspension and a copy of the district's discipline and bullying policies, which must be linked on the district's home page. Then write down dates, names, and what happened, and contact RIDE about filing an appeal.
Da ricordare
- Rhode Island students must attend school from age 6 until they turn 18.
- Most Rhode Island suspensions are served in school unless the student is a demonstrable threat or meets the disruptive-student definition.
- After a bullying report, the school must notify both families within 24 hours and investigate promptly.
- A suspension can be appealed for free to the state education commissioner, then to the state council and Family Court.
Fonti
- Rhode Island General Assembly: R.I. Gen. Laws 16-19-1, Attendance required (si apre in una nuova scheda)
- Rhode Island General Assembly: R.I. Gen. Laws 16-2-17, Right to a safe school (si apre in una nuova scheda)
- Rhode Island General Assembly: R.I. Gen. Laws 16-21-34, Statewide bullying policy implemented (si apre in una nuova scheda)
- Legal Information Institute: Goss v. Lopez, 419 U.S. 565 (1975) (si apre in una nuova scheda)
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