2022 -- S 2281

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LC004346

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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 -- SEE TITLE 16

CHAPTER 97 - THE RHODE ISLAND BOARD OF EDUCATION ACT

     

     Introduced By: Senators McCaffrey, Coyne, Goodwin, Euer, Murray, and Archambault

     Date Introduced: February 15, 2022

     Referred To: Senate Education

     It is enacted by the General Assembly as follows:

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

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Attendance [See Title 16 Chapter 97 - The Rhode Island Board of Education Act]" is hereby

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amended to read as follows:

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     16-19-1. Attendance required.

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     (a) Every child who has completed, or will have completed, six (6) years of life on or before

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September 1 of any school year, or is enrolled in kindergarten, and has not completed eighteen (18)

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years of life, shall regularly attend some public day school during all the days and hours that the

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public schools are in session in the city or town in which the child resides. The public school shall

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be responsible for regular attendance data monitoring of all students and early identification of

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emergent truant behavior. Prior to referring truant students to family court, schools must do their

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due diligence to assure all interventions have taken place. This includes, and is not limited to:

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     (1) Consultation with the parent or guardian; and

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     (2) Coordination with the student's school-identified support team such as the

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individualized education plan, behavioral support or attendance teams.

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     Every person having under his or her control a child, as described in this section, shall

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cause the child to attend school as required by this section, and for every neglect of this duty, the

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person having control of the child shall be fined not exceeding fifty dollars ($50.00) for each day,

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or part of a day, that the child fails to attend school, and if the total of these days is more than thirty

 

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(30) school days during any school year, then the person shall, upon conviction, be imprisoned not

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

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provided, that if the person so charged shall prove that the child has attended, for the required period

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

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

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the town where the child resides; or has been accepted into an accredited postsecondary education

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program; or has obtained a waiver under subsection (b); or that the physical or mental condition of

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the child was such as to render his or her attendance at school inexpedient or impracticable; or that

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the child was excluded from school by virtue of some other general law or regulation, then

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attendance shall not be obligatory nor shall the penalty be incurred.

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

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

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

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

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

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

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

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

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department and/or the community.

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

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

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

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

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

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

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39 of title 16.

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

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

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

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

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of-school suspension as a disciplinary action.

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     SECTION 2. 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 -- SEE TITLE 16

CHAPTER 97 - THE RHODE ISLAND BOARD OF EDUCATION ACT

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     This act would provide that the public schools shall be responsible for attendance data

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monitoring and detection of emergent truant behavior.

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     This act would take effect upon passage.

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