2012 -- S 2542 SUBSTITUTE A

=======

LC01751/SUB A

=======

STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2012

____________

A N A C T

RELATING TO EDUCATION - COMPULSORY ATTENDANCE

     Introduced By: Senators Pichardo, Ruggerio, Goodwin, Metts, and Perry

     Date Introduced: February 28, 2012

     Referred To: Senate Education

It is enacted by the General Assembly as follows:

1-1

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

1-2

"Compulsory Attendance" is hereby amended to read as follows:

1-3

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

1-4

completed six (6) years of life on or before September 1 of any school year and has not completed

1-5

eighteen (18) years of life shall regularly attend some public day school during all the days and

1-6

hours that the public schools are in session in the city or town in which the child resides. Every

1-7

person having under his or her control a child as described in this section shall cause the child to

1-8

attend school as required by this section, and for every neglect of this duty the person having

1-9

control of the child shall be fined not exceeding fifty dollars ($50.00) for each day or part of a day

1-10

that the child fails to attend school, and if the total of these days is more than thirty (30) school

1-11

days during any school year, then the person shall, upon conviction, be imprisoned not exceeding

1-12

six (6) months or shall be fined not more than five hundred dollars ($500), or both; provided, that

1-13

if the person so charged shall prove that the child has attended for the required period of time a

1-14

private day school approved by the commissioner of elementary and secondary education

1-15

pursuant to section 16-60-6(10), or a course of at-home instruction approved by the school

1-16

committee of the town where the child resides, or has been accepted into an accredited

1-17

postsecondary education program, or has obtained a waiver under subsection (b) of this section,

1-18

or that the physical or mental condition of the child was such as to render his or her attendance at

1-19

school inexpedient or impracticable, or that the child was excluded from school by virtue of some

1-20

other general law or regulation, then attendance shall not be obligatory nor shall the penalty be

2-1

incurred.

2-2

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

2-3

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

2-4

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

2-5

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

2-6

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

2-7

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

2-8

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

2-9

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

2-10

the school department and/or the community.

2-11

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

2-12

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

2-13

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

2-14

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

2-15

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

2-16

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

2-17

chapter 39 of title 16.

2-18

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

2-19

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

2-20

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

2-21

bargaining.

2-22

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

2-23

out-of-school suspension as a disciplinary action.

2-24

     SECTION 2. Section 16-21-27 of the General Laws in Chapter 16-21 entitled "Health

2-25

and Safety of Pupils" is hereby amended to read as follows:

2-26

     16-21-27. Alternative education programs. -- Each school district shall adopt a plan to

2-27

ensure continued education of students who are removed from the classroom because of a

2-28

suspension of more than ten (10) days or who are chronically truant. The plan shall be adopted by

2-29

the school committee and shall be submitted to Rhode Island department of elementary and

2-30

secondary education as part of its annual strategic plan submission.

2-32

SECTION 3. This act shall take effect upon passage.

=======

LC01751/SUB A

========

EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N A C T

RELATING TO EDUCATION - COMPULSORY ATTENDANCE

***

4-1

     This act would prohibit schools from considering a students truancy or absenteeism as a

4-2

basis for using an out-of-school suspension as a disciplinary action.

4-3

     This at would take effect upon passage.

=======

LC01751/SUB A

=======