Chapter
394
2003 -- S 0594
Enacted 07/31/03
A N A C T
RELATING TO EDUCATION
Introduced By: Senator
Hanna M. Gallo
Date
Introduced: February 13, 2003
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 December 31 September 1 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.
(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 provides written permission to the school
department of the city or town to
terminate the child's enrollment. 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.
(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.
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LC01976
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