Statutes, codes, and regulations
Rhode Island Administrative Code
Title 216 - Department of healthChapter 20 - Community HealthSubchapter 10 - Screening, Medical Services, and Reporting
Part 4 - School Health Programs
Section 216-RICR-20-10-4.4 - General Requirements

216 R.I. Code R. 216-RICR-20-10-4.4

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Current through December 26, 2024
Section 216-RICR-20-10-4.4 - General Requirements
A. All schools, as defined in § 4.3(A)(48) of this Part, that are approved pursuant to R.I. Gen. Laws §§ 16-19-1 and 16-19-2 are required to have a comprehensive school health program approved by RIDE and RIDOH in accordance with R.I. Gen. Laws § 16-21-7.
B. A comprehensive school health program as defined in § 4.3(A)(11) of this Part, consists of three (3) components:
1. Health education;
2. Health services; and
3. A healthful school environment.
a. All schools that sell or distribute competitive foods and beverages as defined in § 4.3 must do so in accordance with the provisions of R.I. Gen. Laws §§ 16-21-7(c) and (d); and pursuant to 200- RICR- 20-25-4, Regulations Governing Nutritional Requirements for Reimbursable Meals and Competitive Foods and Beverages; Limitations on Competitive Foods and Beverages at Meal Time.
b. The prohibition on advertising unhealthy food and beverages is pursuant to R.I. Gen. Laws § 16-21-7.1.
4. The health education program (curriculum and personnel) for non-public schools must be consistent with the provisions of § 4.5(A) of this Part.
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:
a. Students and/or employees infected with HIV/AIDS or hepatitis;
b. Substance abuse;
c. The use of alcohol and tobacco products on school premises and at authorized school activities;
d. Suicidal behavior;
e. The prevention and management of injuries and violent behaviors for the protection and safety of students on school premises and at authorized school activities; and
f. Provisions regarding the three (3) statutory waivers for exemption of a student from health education curricula pursuant to R.I. Gen. Laws §§ 16-22-18(c) sexuality and family life; 16-22-17(c) HIV/AIDS; and 16-21-7(a) the characteristics, symptoms or treatment of disease.
2. Provide an adequate number of personnel for a comprehensive school health program in accordance with the statutory requirements and the requirements of this Part. Required personnel include no less than a school physician, dentist, certified health educator and a school nurse.
a. Non-public schools may employ registered nurses licensed in Rhode Island pursuant to R.I. Gen. Laws Chapter 5-34, to provide individualized health services, but not to provide population-based health services and other requirements of the school health program as described in this Part.
3. Designate an individual(s) or committee to be accountable for the comprehensive school health program. The name of the individual(s) must be included in the annual school health report as required in § 4.4(C)(4) of this Part.
4. Submit an annual school health report to RIDE pertaining to the comprehensive school health program no later than sixty (60) days from a date established by RIDE. The report should be prepared with input from district school improvement teams when appropriate.
D. No requirement of this Part shall be construed as requiring a school nurse or other licensed health care provider to act in a manner contrary to the provisions of the laws and Regulations governing the practice of their profession.
E. Nothing in this Part is meant to preclude any student or the parents of any student from pursuing their rights to appropriate educational services and accommodations guaranteed by Federal and State laws.
4.4.1Child Abuse/Neglect Reporting; Reporting of Sexual Abuse of a Child in an Educational Program
A. Any person who has reasonable cause to know or suspect that any child has been abused or neglected, as defined in R.I. Gen. Laws § 40-11-2, or has been the victim of sexual abuse by another child is required to transfer that information to DCYF in accordance with the requirements of R.I. Gen. Laws § 40-11-3.
B. Any person who has reasonable cause to know or suspect that any child has been the victim of sexual abuse by an employee, agent, contractor or volunteer of an educational program as defined in R.I. Gen. Laws § 40-11-2, is required to transfer that information to DCYF in accordance with the requirements of R.I. Gen. Laws § 40-11-3.3.
C. The school's protocol for reporting child abuse or neglect and sexual abuse shall specify the responsibilities of all school personnel related to child abuse or neglect and sexual abuse, such as identification, reporting, multidisciplinary cooperation, in-service training, and public awareness.
D. Pursuant to R.I. Gen. Laws § 16-21-36, all schools are required to post the DCYF child abuse hotline telephone number available on DCYF's Child Protective Services website.
4.4.2Health and Wellness Subcommittee

The school committee for each school district is required to establish a districtwide coordinated school health and wellness subcommittee in accordance with the requirements of R.I. Gen. Laws § 16-21-28.

4.4.3Free-Play Recess

All schools are required to provide daily, at least twenty (20) consecutive minutes of unstructured free-play recess for students in elementary grades Kindergarten through six (6) in accordance with R.I. Gen. Laws § 16-22-4.2.

216 R.I. Code R. 216-RICR-20-10-4.4

Amended effective 4/11/2022