S 3137Labor Relations

Education - Teachers' Tenure

Teachers suspended and later convicted of a felony must repay the salary received during their suspension.

Held for study

Population
Affected

Introduced Mar 20, 2026Committee Senate Labor & Gaming

Plain-English Summary

This legislation amends the state laws regarding teacher tenure and suspension. Currently, when a teacher is suspended pending a hearing, they continue to receive their salary. This bill introduces a requirement that if a teacher is suspended due to a criminal investigation or prosecution and is subsequently convicted of a felony, they must repay the salary they received during that suspension period to the school district. The amount to be repaid is the total salary paid minus any amounts that were deducted for taxes and employee benefits.

For younger readers

Sometimes, if a teacher is in trouble for breaking the law, the school tells them they cannot come to work while the police investigate what happened. Usually, the teacher still gets their paycheck during this time. This new rule says that if the teacher is found guilty of a very serious crime, called a felony, they have to give that money back to the school. This ensures that people who commit serious crimes don't get to keep money paid to them by the school while they were waiting for their trial.

Who & Where It Applies

Impacted groups

TeachersSchool CommitteesSchool DistrictsTaxpayersTeacher Unions

Impacted communities

All

Constitutional & Fiscal Check

None Likely

Estimated cost

None

Estimated revenue

Amount unknown

Bill Analysis

Both viewpoints

For Progressives

Ensures that public education funds are utilized for students and schools rather than compensating individuals convicted of serious felonies.
Increases accountability for public servants, reinforcing the standard that those entrusted with the care of children must adhere to the law.
Maintains the presumption of innocence by allowing pay to continue during the investigation, only requiring repayment after a conviction is secured.
Could impose severe financial hardship on the families of convicted individuals who may have relied on that income for survival during the legal process.
Creates a mechanism for the "clawback" of wages, which labor advocates might view as a slippery slope weakening worker protections during suspension periods.
Does not explicitly address how repayment interacts with potential wrongful convictions that are overturned years later, potentially complicating justice for the exonerated.

For Conservatives

Protects taxpayer dollars by ensuring they are not permanently lost to public employees who have violated the law and betrayed the public trust.
Enforces strict consequences for criminal behavior, upholding the rule of law and discouraging leniency for public sector union members.
Reduces the financial waste often associated with "paid administrative leave" for employees who are ultimately found guilty of crimes.
May prove difficult to enforce practically, as convicted felons may lack the assets to repay the state, leading to bureaucratic waste in attempted collections.
Could potentially be weaponized by the state to financially ruin individuals targeted by politically motivated felony prosecutions.
Expands government authority to seize assets (previously paid wages) from individuals, which some may view as government overreach.

Votes

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Full Bill Text

Changes to existing Rhode Island law · 7 additions · 1 deletion

SECTION 1. Section 16-13-5 of the General Laws in Chapter 16-13 entitled "Teachers’ Tenure" is hereby amended to read as follows: 16-13-5. Suspension for cause — Payment for period suspended.

(a) Section 16-13-4 shall not prevent the suspension of a teacher for good and just cause. Prior to the suspension of a teacher as provided in this section, the school committee shall hold a pre-suspension hearing to determine if a suspension is warranted, and at the pre-suspension hearing, shall consider any available evidence and afford the teacher or his or her counsel an opportunity to respond to that evidence. In the event a teacher is suspended or otherwise not permitted to perform his or her duties prior to the ~~presuspension~~ pre-suspension hearing, then the teacher shall be paid his or her regular salary during that period.

(b) Whenever a teacher is suspended by a school committee, the school committee shall furnish the teacher with a complete statement of the cause(s) of the suspension and, upon request, shall afford the teacher a hearing and appeal pursuant to the procedure set forth in § 16-13-4. If the teacher shall be vindicated as a result of the hearing or any appeal the teacher shall be paid in full for the period of suspension, and provided further, that during the period of suspension, all medical and insurance benefits shall remain in full force and effect. However, if the teacher is placed on suspension pending the outcome of a criminal investigation or prosecution, and convicted of a felony, as defined in § 11-1-2, the teacher shall repay to the school district the amount of the salary paid during the period of suspension, less any amounts paid to satisfy all taxes and any employee benefits.

(c) Nothing contained in this section shall be construed to prohibit or at any time to have prohibited a school committee in a municipality or regional school district with an elected school committee, or the chief executive officer in a municipality with an appointed school committee, from agreeing, in a collective bargaining agreement, to the arbitration of disputes arising out of the suspension of a teacher pursuant to subsection (a) of this section.

SECTION 2. This act shall take effect upon passage.