Chapter 376
2011 -- H 5061
Enacted 07/13/11
A N A C T
RELATING TO
EDUCATION -- COMPULSORY ATTENDANCE
Introduced By: Representatives McNamara, Diaz, and Savage
Date Introduced: January 19, 2011
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" 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 and has not completed
sixteen (16) 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 section 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) Every child
enrolled in school who completes or has completed
sixteen (16) years of
life and who has not yet attained eighteen (18) years of
age shall regularly attend school during
all the days and hours that the public schools are in
session in the city or town in which the child
resides unless the person having control of the child
withdraws the child from enrollment in
accordance with section 16-67.1-3. Provided, however, that
nothing in this subsection or in
subsection (a) of this section shall prohibit or limit cities or
towns from enacting programs of
early intervention and/or mediation in an effort to address
the problems of students who are
habitually late or absent from school 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.
SECTION 2. Section 16-67.1-3 of the General Laws in Chapter
16-67.1 entitled "Rhode
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)(A) Due to documented financial hardship
and the need of the individual to be
employed to support the individual's family or a dependent;
(ii)(B)
Due to documented illness;
(iii)(C)
By order of a court that has jurisdiction over the student; and or
(iv)(D)
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 promptly immediately
be re-enrolled.
SECTION 3. This act shall take effect upon passage.
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LC00141
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