RELATING TO EDUCATION -- COMPULSORY ATTENDANCE
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Introduced By: Senators Cote, Lenihan, Graziano, and Izzo |
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Date Introduced: January 15, 2002 |
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 -- Excuses for
nonattendance. -- (a) Every child who has completed or will
have completed six (6) years of life on or before December 31 of any school
year and has not completed sixteen (16) 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 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 general law or regulation, then attendance shall not be
obligatory nor shall the penalty be incurred;.
but nothing in this section shall be construed
to allow the absence or irregular attendance of any child who is enrolled as a
member of any school, or of any child sent to school by the person having
control of the child.
(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 such child provides written permission to the
school department of the city or town
to terminate the child's enrollment. Provided, however, that
nothing in this sections (a) or (b) 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.
(b) (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. This act shall take effect upon passage.