2016 -- H 7845 SUBSTITUTE A

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2016

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A N   A C T

RELATING TO EDUCATION-COMPULSORY ATTENDANCE

     Introduced By: Representatives O'Brien, McKiernan, Almeida, Carnevale, and Marshall

     Date Introduced: March 03, 2016

     Referred To: House Health, Education & Welfare

     It is enacted by the General Assembly as follows:

     SECTION 1. Section 16-2-27 of the General Laws in Chapter 16-2 entitled "School

Committees and Superintendents [See Title 16 Chapter 97 - The Rhode Island Board of

Education Act]" is hereby amended to read as follows:

     16-2-27. Eligibility for attendance -- Kindergarten. -- Every child who has attained or

will have attained five (5) years of age on or before September 1 of any school year shall be

eligible to attend kindergarten during all the days that the kindergartens are in session during the

school year. If a child is enrolled in kindergarten, the attendance requirements of §16-19-1 shall

apply.

     SECTION 2. Section 16-19-1 of the General Laws in Chapter 16-19 entitled

"Compulsory Attendance [See Title 16 Chapter 97 - The Rhode Island Board of Education Act]"

is hereby amended to read as follows:

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

completed six (6) years of life on or before September 1 of any school year, or is enrolled in

kindergarten, and has not completed eighteen (18) years of life shall regularly attend some public

day school during all the days and hours that the public schools are in session in the city or town

in which the child resides. Every person having under his or her control a child as described in

this section shall cause the child to attend school as required by this section, and for every neglect

of this duty the person having control of the child shall be fined not exceeding fifty dollars

($50.00) for each day or part of a day that the child fails to attend school, and if the total of these

days is more than thirty (30) school days during any school year, then the person shall, upon

conviction, be imprisoned not exceeding six (6) months or shall be fined not more than five

hundred dollars ($500), or both; provided, that if the person so charged shall prove that the child

has attended for the required period of time a private day school approved by the commissioner of

elementary and secondary education pursuant to § 16-60-6(10), or a course of at-home instruction

approved by the school committee of the town where the child resides, or has been accepted into

an accredited postsecondary education program, or has obtained a waiver under subsection (b) of

this section, or that the physical or mental condition of the child was such as to render his or her

attendance at school inexpedient or impracticable, or that the child was excluded from school by

virtue of some other general law or regulation, then attendance shall not be obligatory nor shall

the penalty be incurred.

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

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

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

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

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

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

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

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

the school department and/or the community.

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

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

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

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

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

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

chapter 39 of title 16.

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

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

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

bargaining.

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

out-of-school suspension as a disciplinary action.

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     SECTION 3. This act shall take effect upon passage.

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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 broaden the law on compulsory school attendance so that it would apply

to all children enrolled in kindergarten.

     This act would take effect upon passage.

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