Chapter 036
2009 -- H 5267 SUBSTITUTE A AS
AMENDED
Enacted 09/02/09
A N A C T
RELATING TO
EDUCATION -- COMPULSORY ATTENDANCE
Introduced By: Representative Deborah L. Ruggiero
Date Introduced: February 03, 2009
It is enacted by the General
Assembly as follows:
SECTION 1. Section 16-19-8 of the General Laws in
Chapter 16-19 entitled
"Compulsory
Attendance" is hereby amended to read as follows:
16-19-8.
Jurisdiction of family court. -- (a)
Jurisdiction of cases arising under section
16-19-1 may reside with juvenile hearing boards in
those cities and towns that so desire to hear
these cases and which have established juvenile hearing
boards. Any municipal juvenile hearing
board established pursuant to this section shall, prior to
hearing any compulsory attendance cases,
inform the chief judge of the family court, in writing, of
its establishment and plan to hear
compulsory attendance cases. In all other cases arising under
section 16-19-1 jurisdiction shall be
with the family court. The town of
hearing board pursuant to this section.
(b) The family court
shall also have authority to issue equitable orders, enforceable
through contempt of court proceedings, needed to enforce
section 16-19-1. As an alternative to
the procedure set out in section 16-19-1, the school
committee may file a civil complaint seeking
injunctive relief in truancy cases. If the family court rules in
favor of the school committee the
court may issue an injunction, enforceable through contempt
of court proceedings, requiring
compliance with the compulsory attendance law. Neither prior
resort to enforcement proceedings
under section 16-19-1 nor a showing of irreparable injury shall
be prerequisite to injunctive relief
under this section.
SECTION 2. This act shall take effect upon
passage.
SECTION 1. Chapter 8-10 of the General Laws entitled
"Family Court" is hereby
amended by adding thereto the following section:
8-10-23.3.
the authority to create a juvenile hearing board subject
to the provisions of section 8-10-23.1, and
the requirements of the town's regulations, charter or
ordinances.
SECTION 2. This act shall take effect upon passage.
=======
LC00911/SUB A
=======