2012 -- H 7287 SUBSTITUTE A

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LC00765/SUB A

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STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2012

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A N A C T

RELATING TO EDUCATION - COMPULSORY ATTENDANCE

     Introduced By: Representatives Diaz, Slater, McNamara, Silva, and Cimini

     Date Introduced: January 31, 2012

     Referred To: House Health, Education & Welfare

It is enacted by the General Assembly as follows:

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     SECTION 1. Section 16-19-1 of the General Laws in Chapter 16-19 entitled

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"Compulsory Attendance" is hereby amended to read as follows:

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     16-19-1. Attendance required. -- (a) Every child who has completed or will have

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completed six (6) years of life on or before September 1 of any school year and has not completed

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eighteen (18) years of life shall regularly attend some public day school during all the days and

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hours that the public schools are in session in the city or town in which the child resides. Every

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person having under his or her control a child as described in this section shall cause the child to

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attend school as required by this section, and for every neglect of this duty the person having

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control of the child shall be fined not exceeding fifty dollars ($50.00) for each day or part of a day

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that the child fails to attend school, and if the total of these days is more than thirty (30) school

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days during any school year, then the person shall, upon conviction, be imprisoned not exceeding

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six (6) months or shall be fined not more than five hundred dollars ($500), or both; provided, that

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if the person so charged shall prove that the child has attended for the required period of time a

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private day school approved by the commissioner of elementary and secondary education

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pursuant to section 16-60-6(10), or a course of at-home instruction approved by the school

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committee of the town where the child resides, or has been accepted into an accredited

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postsecondary education program, or has obtained a waiver under subsection (b) of this section,

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or that the physical or mental condition of the child was such as to render his or her attendance at

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school inexpedient or impracticable, or that the child was excluded from school by virtue of some

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other general law or regulation, then attendance shall not be obligatory nor shall the penalty be

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incurred.

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      (b) A waiver to the compulsory attendance requirement may be granted by the

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superintendent only upon proof that the pupil is sixteen (16) years of age or older and has an

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alternative learning plan for obtaining either a high school diploma or its equivalent.

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      (1) Alternative learning plans shall include age-appropriate academic rigor and the

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flexibility to incorporate the pupil's interests and manner of learning. These plans may include,

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but are not limited to, such components or combination of components of extended learning

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opportunities as independent study, private instruction, performing groups, internships,

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community service, apprenticeships, and online courses that are currently funded and available to

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the school department and/or the community.

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      (2) Alternative learning plans shall be developed, and amended if necessary, in

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consultation with the pupil, a school guidance counselor, the school principal and at least one

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parent or guardian of the pupil, and submitted to the superintendent for approval.

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      (3) If the superintendent does not approve the alternative learning plan, the parent or

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guardian of the pupil may appeal such decision to the school committee. A parent or guardian

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may appeal the decision of the school committee to the commissioner of education pursuant to

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chapter 39 of title 16.

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      (c) Nothing in this section shall be deemed to limit or otherwise interfere with the rights

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of teachers and other school employees to collectively bargain pursuant to chapters 9.3 and 9.4 of

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title 28 or to allow any school committee to abrogate any agreement reached by collective

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bargaining.

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     (d) No school shall use a student’s truancy or absenteeism as the sole basis for using an

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out-of-school suspension as a disciplinary action.

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     SECTION 2. Section 16-21-27 of the General Laws in Chapter 16-21 entitled "Health

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and Safety of Pupils" is hereby amended to read as follows:

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     16-21-27. Alternative education programs. -- Each school district shall adopt a plan to

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ensure continued education of students who are removed from the classroom because of a

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suspension of more than ten (10) days or who are chronically truant. The plan shall be adopted by

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the school committee and shall be submitted to Rhode Island department of elementary and

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secondary education as part of its annual strategic plan submission.

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SECTION 3. This act shall take effect upon passage.

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LC00765/SUB A

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EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N A C T

RELATING TO EDUCATION - COMPULSORY ATTENDANCE

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     This act would prohibit schools from considering a students truancy or absenteeism as a

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basis for using an out-of-school suspension as a disciplinary action.

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     This at would take effect upon passage.

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LC00765/SUB A

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