SECTION 1. Legislative findings and purpose.
(1) Seclusions can occur in spaces used for "time out," "calming down," "de-escalation," "quiet," or "isolation," if the student is alone and not free to leave. Placing children in seclusion causes students to lose extensive instructional time even due to non-crisis behaviors or exhibiting an imminent danger to themselves or others. Additionally, while in seclusion, students would often engage in self-injurious behaviors such as banging their head against the door without staff intervention.
(2) It is the policy of the State of Rhode Island to promote safety and prevent harm to all students, staff, and visitors in the public schools and to treat all school students with dignity and respect in the delivery of discipline, seclusion, and use of reasonable force as permitted by law.
(3) To accomplish such policy. It is the intention of the legislature to provide school staff with clear guidelines about what constitutes use of reasonable force permissible in Rhode Island schools with the goal of improving student achievement, attendance, promotion and graduation rates by employing positive behavioral interventions to address student behavior in a positive and safe manner while promoting retention of valuable teachers and other school personnel by providing appropriate training in prescribed procedures, which address student behavior in a positive and safe manner.
SECTION 2. Chapter 16-21 of the General Laws entitled "Health and Safety of Pupils" is hereby amended by adding thereto the following section: 16-21-44. Prohibition of seclusion classrooms.
(a) No student shall be subjected to unlawful seclusion by program personnel, a law enforcement officer, or a school security guard, while attending any public pre-k program, elementary or secondary school in the state. An unlawful seclusion does not include physical escort, a physical prompt to use adaptive devices or mechanical supports, physical restraints or time-outs and shall only apply to isolation in a designated seclusion room.
(b) The commissioner of elementary and secondary education (“commissioner”) shall address any complaints alleging a violation of this section to conduct an appropriate investigation. The commissioner shall promulgate the rules and regulations of such investigation and the department of education shall publish, on its website, all notice requirements, forms and instructions as to how to submit a complaint of any alleged violation.
SECTION 3. This act shall take effect upon passage.