Rhode Island School Discipline Laws & Regulations: Substance Use

Discipline Compendium

Rhode Island School Discipline Laws & Regulations: Substance Use

Category: Discipline Addressing Specific Code of Conduct Violations
Subcategory: Substance Use
State: Rhode Island

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LAWS

16-1-5. Duties of commissioner of elementary and secondary education.

It shall be the duty of the commissioner of elementary and secondary education:

(14) To establish health education, alcohol and substance abuse programs for students in grades kindergarten (K) through twelve (12), in accordance with § 35-4-18. The program will consist of the following: A mandated state health education, alcohol and substance abuse curriculum for grades kindergarten (K) through twelve (12), a mandated assessment program in the areas of health, fitness, alcohol and substance abuse, and an in-service training program that will be developed specifically for the implementation of the mandated curriculum.

16-12-10. Immunity for reports of suspected substance abuse.

Any teacher, school administrator, school guidance counselor, school psychologist, school drug counselor, school nurse, supervisor of attendance, attendance teacher, or attendance officer having reasonable cause to suspect that an elementary or secondary school student is abusing a controlled substance or alcohol, or is under the influence of a dangerous drug or alcohol, or has in his or her possession a controlled substance or alcohol, who reports this information to the appropriate elementary or secondary school officials pursuant to the school's drug policy, or if the school has no drug policy to the school's principal or the parents of the student under eighteen (18) years of age, or to a police agency, shall have immunity from any civil liability that might otherwise be incurred or imposed as a result of the making of the report.

16-21-16. Students suspected of narcotic addiction.

Any teacher having reasonable cause to suspect that a secondary or elementary student under eighteen (18) years of age is addicted to a narcotic drug or under the influence of a dangerous drug who reports this information to the appropriate secondary or elementary school officials pursuant to the school's drug policy, or if the school has no drug policy to the school's principal or the parents of the student under eighteen (18) years of age, shall have immunity from any civil liability that might otherwise be incurred or imposed as a result of the making of the report.

16-21-21.1. Penalties for drug, alcohol or weapons offenses.

The discipline of any public school student for violating a school policy relating to the possession or use of alcohol, drugs or weapons not described in § 16-21-18 of this chapter, shall be imposed on a case-by-case basis pursuant to guidelines developed and promulgated by the school committee for that district. The guidelines and any discipline imposed shall take into account the nature and circumstances of the violation and the applicability of any federal laws governing students with disabilities.

16-21.2-1. Short title.

This chapter shall be known as "The Rhode Island Substance Abuse Prevention Act".

16-21.2-2. Declaration of purpose.

In recognition of the growing problem of substance use and abuse that municipalities face the purpose of this chapter is as follows:

(1) To promote the opportunity for municipalities to establish a comprehensive substance abuse prevention program addressing the specific needs of each individual municipality.

(2) To encourage the development of partnership among municipal governments, school systems, parents, and human service providers to serve the interest of the community in addressing the need for a comprehensive substance abuse prevention program.

(3) To promote a substance abuse prevention program in every community.

(4) To provide financial assistance for the planning, establishment, and operation of substance abuse prevention programs.

(5) To encourage municipal governments, in cooperation with school systems and human services organizations to jointly assess the extent of the substance abuse problem in their community.

16-21.2-3. Authority of municipal governments.

(a) All municipal governments or their designated agents shall have the power to establish, operate, conduct, and/or make provision for programs to provide a comprehensive substance abuse prevention program.

(b) The appropriate municipal authority shall adopt rules and regulations governing the substance abuse prevention program including an application and contracting procedure by which qualified groups may apply to operate a substance abuse prevention program.

(c) Substance abuse prevention programs shall comply with all applicable provisions of the general laws with all applicable state rules and regulations.

16-21.2-4. Substance abuse prevention program.

(a) The department of behavioral healthcare, developmental disabilities and hospitals shall be charged with the administration of this chapter and shall provide grants to assist in the planning, establishment, and operation of substance abuse prevention programs. Grants under this section shall be made to municipal governments or their designated agents according to the following guidelines:

(1) The maximum grant shall be one hundred twenty-five thousand dollars ($125,000); provided, however, in the event that available funding exceeds $1.6 million in a fiscal year, those surplus funds are to be divided proportionately among the cities and towns on a per capita basis but in no event shall the city of Providence exceed a maximum grant cap of $175,000.00.

(2) In order to obtain a grant, the municipality or its designated agent must in the first year:

(i) Demonstrate the municipality's need for a comprehensive substance abuse program in the areas of prevention and education.

(ii) Demonstrate that the municipality has established by appropriate legislative or executive action, a substance abuse prevention council which shall assist in assessing the needs and resources of the community, developing a three (3) year plan of action addressing the identified needs, the operation and implementation of the overall substance abuse prevention program; coordinating existing services such as law enforcement, prevention, treatment, and education; consisting of representatives of the municipal government, representatives of the school system, parents, and human service providers.

(iii) Demonstrate the municipality's ability to develop a plan of implementation of a comprehensive three (3) year substance abuse prevention program based on the specific needs of the community to include high risk populations of adolescents, children of substance abusers, and primary education school aged children.

(iv) Agree to conduct a survey/questionnaire of the student population designed to establish the extent of the use and abuse of drugs and alcohol in students throughout the local community's school population.

(v) Demonstrate that at least twenty percent (20%) of the cost of the proposed program will be contributed either in cash or in-kind by public or private resources within the municipality.

(b) The department of behavioral healthcare, developmental disabilities and hospitals shall adopt rules and regulations necessary and appropriate to carry out the purposes of this section.

16-21.2-5. Funding of substance abuse prevention program.

(a) Money to fund the Rhode Island Substance Abuse Prevention Act shall be appropriated from state general revenues and shall be raised by assessing an additional penalty of thirty dollars ($30.00) for all speeding violations as set forth in § 31-43-5.1. The money shall be deposited as general revenues. The department of behavioral healthcare, developmental disabilities and hospitals may utilize up to ten percent (10%) of the sums appropriated for the purpose of administering the substance abuse prevention program.

(b) Grants made under this chapter shall not exceed money available in the substance abuse prevention program.

16-21.3-1. Declaration of purpose.

In recognition of the growing problem of substance use and abuse among youth and that the average age of onset of substance use and abuse is middle school age, the purpose of this chapter is as follows:

(1) To establish a student assistance program in every public junior high/middle school based upon the model currently operating successfully in Rhode Island high schools.

(2) The student assistance program will address the following areas:

(i) Identification and supportive services for high risk youth;

(ii) Primary prevention programming in junior high/middle schools;

(iii) Assessment and referral services for substance abuse problems;

(iv) School staff training on integration of prevention/intervention program;

(v) Parent and community programming for substance abuse prevention;

(vi) Focused prevention/support groups for high risk youth;

(vii) Development and integration of school substance abuse policy with prevention/intervention services;

(viii) To promote integration between student assistance programs and community substance abuse prevention task forces.

(3) To establish a pilot student assistance program in public elementary schools to the extent that funds are available from the junior high/middle school student assistance fund for that purpose.

(4) To establish a student assistance program in every public high school to the extent that funds are available.

16-21.3-2. Junior high/middle school student assistance program.

(a) The department of behavioral healthcare, developmental disabilities and hospitals shall be charged with the administration of this chapter and shall contract with appropriate substance abuse prevention/intervention agencies to provide student assistance services in junior high/middle schools.

(b) Following the first complete year of operation, school systems receiving junior high/middle school student assistance services will be required to contribute twenty percent (20%) of the costs of student assistance counselors to the service provider agency in order to continue the services.

16-21.3-3. Funding of junior high/middle school student assistance program.

(a) Money to fund this program shall be raised by assessing an additional substance abuse prevention assessment of thirty dollars ($30.00) for all moving motor vehicle violations handled by the traffic tribunal including, but not limited to, those violations set forth in § 31-41.1-4, except for speeding. The money shall be deposited in a restricted purpose receipt account separate from all other accounts within the department of behavioral healthcare, developmental disabilities and hospitals. The restricted purpose receipt account shall be known as the junior high/middle school student assistance fund and the traffic tribunal shall transfer money from the junior high/middle school student assistance fund to the department of behavioral healthcare, developmental disabilities and hospitals for the administration of the Rhode Island Student Assistance Junior High/Middle School Act.

(b) The department of behavioral healthcare, developmental disabilities and hospitals may utilize up to ten percent (10%) of the sums collected from the additional penalty for the purpose of administering the program.

16-97.1-1. Performances of local education agencies and individual public schools–Evaluation system–Assessment instruments–Reports.

(n) Each school district shall file a description of the following instructional procedures and programs with the department every year:

(9) Drug, tobacco, and alcohol abuse programs.

23-1-36. Director’s duties regarding health education, alcohol, and substance abuse programs.

The director shall establish health education, alcohol, and substance abuse programs for students in grades kindergarten through twelve (12), in accordance with § 35-4-18. The director shall make an annual report to the governor and the general assembly on the administration of the program.

23-1.10-4. Duties of department.

The department shall:

(4) Cooperate with the board of regents for elementary and secondary education, board of governors for higher education, schools, police departments, courts, and other public and private agencies, organizations, and individuals in establishing programs for the prevention of alcoholism and treatment of alcoholics and intoxicated persons, and preparing curriculum materials for use at all levels of school education. [...]

(18) Establish alcohol and substance abuse prevention programs for students in kindergarten through grade twelve (12), in accordance with § 35-4-18. The director shall make an annual report to the governor and the general assembly on the administration of the program and shall submit to the governor and the general assembly the results of an independent evaluation of the alcohol and substance abuse prevention program established in accordance with this section. This evaluation shall address the following areas:

(i) Program development;

(ii) Implementation;

(iii) Impact; and

(iv) Recommendations for future needs.

23-20.9-3. Legislative intent–Purpose.

As tobacco now kills over four hundred and thirty-four thousand (434,000) people in the United States each year, it is the intent of this health legislation to eliminate the exposure of children attending school, and other persons working in schools, to the school-site health hazard of tobacco smoke and other tobacco product usage. It is the intent of this health legislation to protect the health and welfare of children in school by eliminating the exposure of children in school to the significant, life-threatening health hazard of tobacco smoke. It is the intent of this health legislation to create a tobacco-free school environment in Rhode Island.

23-20.9-4. Definitions.

As used in this chapter:

(1) "Electronic nicotine-delivery system usage" means any vaping, inhaling, or use of any device defined in § 11-9-13.4.

(2) "Governing body" means the body, board, committee or individual, or its designated agent(s) or designee(s), responsible for, or who or that has control over, the administration of any elementary or secondary school, public or private, in the state.

(3) "Person" means any person or persons including but not limited to contract or other workers on school property, school students, school administrators, school employees, school faculty, and school visitors.

(4) "School or schools" means any nonresidential school building, public or private, of any city or town or community educational system regulated, directly or secondarily, by the council on elementary and secondary education or the department of elementary and secondary education or any other state education board or local city or town school board or school committee or other legal educational subdivision acting under it. As used in this chapter, the term "school or schools" includes, but is not limited to: school playgrounds; school administration buildings; indoor school athletic facilities; school gymnasiums; school locker rooms; school buses; other school vehicles; other school buildings whose use is not primarily residential; and outside areas within twenty-five feet (25_) of any school building.

(5) "Tobacco product usage" means the smoking or use of any substance or item that contains tobacco, including, but not limited to: cigarettes, cigars, pipes, or other smoking tobacco, or the use of snuff or smokeless tobacco, or having in one's possession a lighted cigarette, cigar, pipe, or other substance or item containing tobacco.

23-20.9-5. Regulation of smoking in schools.

(a) The governing body of each school in Rhode Island shall be responsible for the development of enforcement procedures to prohibit tobacco product usage and electronic nicotine-delivery system usage by any person utilizing school facilities. All facilities used by a school, whether owned, leased, or rented, shall be subject to the provisions of this chapter. Enforcement procedures shall be promulgated and conspicuously posted in each building.

(b) This chapter shall not modify, or be used as a basis for modifying, school policies or regulations in effect prior to the passage of this chapter if the existing policies or regulations prohibit tobacco product usage and electronic nicotine-delivery system usage in the school.

(c) All school areas where tobacco product usage is prohibited shall be clearly marked with "nonsmoking area" signs with bold block lettering at least three inches (3") high stating "Tobacco-Free School–Tobacco Use Prohibited." All school areas where electronic nicotine-delivery system usage is prohibited shall be clearly marked with "nonsmoking area" signs with bold block lettering at least three inches (3") high stating "E-Cigarettes and Vapor Devices Prohibited." There shall be at least one "nonsmoking area" sign, in conformance with the above, at every building entrance and in other areas as designated by the governing body. Signs shall also be posted in every school bus and every school vehicle. Signs as detailed above shall be provided, without charge, by the department of health.

35-4-18. Health education, alcohol, and substance abuse prevention program.

There is hereby created and established a program to be known as the "health education, alcohol, and substance abuse prevention program", which shall be funded annually by the general assembly. All moneys now or hereafter in the health education, alcohol, and substance abuse prevention program are hereby appropriated for the purpose of establishing continuous health education programs dealing primarily in the areas of alcohol and substance abuse for students in grades kindergarten (K) through twelve (12). The department of behavioral healthcare, developmental disabilities and hospitals and the department of elementary and secondary education are charged with administration of the program for the purposes specified in this section. Independent evaluation of the programs in grades kindergarten (K) through twelve (12) shall be made annually. Funds for evaluation shall emanate from the health education, alcohol, and substance abuse appropriations. Claims against the funds shall be examined, audited, and allowed in the manner now or hereafter provided by law.

REGULATIONS

200-RICR-20-10-1 Section 1.3.3. Health and social service supports.

C. Psychological and Mental Health Services

1. Mental and emotional health issues directly impede students' abilities to learn. Such issues include bullying, alcohol and drug abuse, depression, anxiety, and domestic violence, as well as psychiatric disorders.

2. Therefore, each LEA shall:

a. Ensure that students have access to a coordinated program of culturally and linguistically responsive psychological and mental health services, on site or through effective referral systems;

b. Ensure that school psychological and mental health services will be provided by appropriately credentialed, high quality staff. Services must provide for identification of risks and assessment of service needs; primary prevention; individual, family, and group counseling; consultative services; and resource and service coordination; and

c. To the extent practicable, ensure that schools coordinate with community youth development, prevention, and treatment efforts.

216-RICR-20-10-4 Section 4.4. General requirements.

C. The administrative head of school(s) is responsible for the comprehensive school health program and is required to:

1. Develop a manual of procedures (protocols) governing health education, health services and a healthful school environment. This manual must be available at the Superintendent's office and at each school. Procedures must address the statutory and regulatory requirements of this Part and include provisions pertaining to, but not limited to, the following:

b. Substance abuse;

c. The use of alcohol and tobacco products on school premises and at authorized school activities.

216-RICR-20-10-4 Section 4.42. Alcohol and other drugs.

A. All schools are required to have policies regarding possession of alcohol and other drugs and must have on-going prevention activities and programs as supported by the " Safe and Drug-Free Schools and Communities Act ", 20 U.S.C. § 7101 et seq.

1. All school districts must ensure that the discipline policies regarding incidents of students in possession of alcohol or drugs are imposed on a case-by-case basis.

216-RICR-20-10-4 Section 4.42. Alcohol and other drugs.

A. All schools are required to have policies regarding possession of alcohol and other drugs and must have on-going prevention activities and programs as supported by the " Safe and Drug-Free Schools and Communities Act ", 20 U.S.C. § 7101 et seq.

1. All school districts must ensure that the discipline policies regarding incidents of students in possession of alcohol or drugs are imposed on a case-by-case basis.

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