Chapter 471
2016 -- S 2022
Enacted 07/13/2016

A N   A C T
RELATING TO EDUCATION - COMPULSORY ATTENDANCE

Introduced By: Senator Roger Picard
Date Introduced: January 13, 2016

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 post secondary 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.
     SECTION 3. This act shall take effect upon passage.
========
LC003449
========