2022 -- H 7062

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LC003442

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2022

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A N   A C T

RELATING TO EDUCATION – COMPULSORY ATTENDANCE

     Introduced By: Representatives McNamara, Potter, Baginski, Casimiro, Giraldo, S Lima,
and Noret

     Date Introduced: January 12, 2022

     Referred To: House Education

     It is enacted by the General Assembly as follows:

     SECTION 1. 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); 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. In developing these alternative-learning plans, consideration

shall be given to the unique difficulties and interruptions that many students are experiencing

because of the COVID-19 pandemic. Accordingly, these alternative-learning plans may incorporate

alternatives and extended breaks in study which would not be considered preferable under non-

pandemic circumstances.

     (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. An alternative-

learning plan may, but is not required to, incorporate an extended withdrawal as set forth in this

section.

     (3)(i) 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 (hereinafter collectively referred to as the "reviewing body").

     (ii) In making decisions regarding the approval of an alternative-learning plan,

consideration shall be given to the unique difficulties and interruptions that many students are

experiencing because of the COVID-19 pandemic. Accordingly, alternative-learning plans may be

approved which may incorporate alternatives and extended breaks in study which would not be

considered preferable under non-pandemic circumstances. The provisions of this section shall not

require the approval of an alternative-learning plan which the reviewing body determines is not in

the best interests of the child.

     (iii) In addition, this section authorizes the granting of an extended withdrawal from school.

An extended withdrawal from school is a withdrawal that may be authorized which is not intended

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to be a permanent withdrawal but which is extended because of unique difficulties and interruptions

that many students are experiencing because of the COVID-19 pandemic. A student in an extended

withdrawal shall still be considered to be enrolled in school and will not need to be re-enrolled for

purposes of returning to the student's regular classes. An extended withdrawal may authorize a

student to be excused from taking any classes during the withdrawal period or to undertake a

reduced number of classes than the student would otherwise take as an enrolled student. An

extended withdrawal shall include provisions to periodically monitor and check-in on the status of

the student and the student's ability to return to the public school learning environment. An

extended withdrawal pursuant to this subsection may be granted to any student, regardless of age.

     (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.

     SECTION 2. Section 16-67.1-3 of the General Laws in Chapter 16-67.1 entitled "Rhode

Island High School Dropout Prevention Act of 2007 [See Title 16 Chapter 97 - The Rhode Island

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

     16-67.1-3. Defining the age and protocol for a student to leave school.

     (a) Children who have completed sixteen (16) years of life and who have not yet attained

eighteen (18) years of age may not withdraw from school before graduation unless they have

previously developed an alternative learning plan in accordance with subsection 16-19-1(b) and,

after implementation of the plan:

     (1) The student, the student's parent(s)/guardian and an administrator agree to the

withdrawal;

     (2) At the exit interview, the student and the student's parent(s)/guardian provide written

acknowledgement of the withdrawal that meets the requirements of paragraph (4)(D) of this

subsection;

     (3) The school principal provides written consent for the student to withdraw from school;

and/or

     (4) The withdrawal is:

     (i) Due to documented financial hardship and the need of the individual to be employed to

support the individual's family or a dependent;

     (ii) Due to documented illness;

     (iii) By order of a court that has jurisdiction over the student; or

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     (iv) Accompanied by a written acknowledgement of a withdrawal under subdivision (2) of

this subsection which must include a statement that the student and the student's parent(s)/guardian

understand that withdrawal from school is likely to reduce the student's future earnings and increase

the student's likelihood of being unemployed in the future;

     (b) If a child of the age described in subsection (a) is habitually absent from school and the

school is unable to contact the parent(s)/guardian. the school may withdraw the child from

enrollment provided that its attempts to contact the parent(s)/guardian by telephone, regular and

registered mail, and home visit are documented. If a child who has been withdrawn from enrollment

under this subsection returns to school, or if the school mistakenly withdraws the child from

enrollment, the child shall immediately be re-enrolled.

     (c) An extended withdrawal pursuant to § 16-19-1 may be authorized which is not intended

to be a permanent withdrawal but which is extended because of unique difficulties and interruptions

that many students are experiencing because of the COVID-19 pandemic.

     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

***

     This act would provide that in developing alternative-learning plans, consideration shall be

given to the unique difficulties and interruptions that many students are experiencing because of

the COVID-19 pandemic. This act would also authorize the granting of an extended withdrawal

from school which is not intended to be a permanent withdrawal but which is extended because of

unique difficulties and interruptions that many students are experiencing because of the COVID-

19 pandemic.

     This act would take effect upon passage.

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