2021 -- H 5823

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2021

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A N   A C T

RELATING TO EDUCATION -- RESIDENCE OF CHILDREN FOR SCHOOL PURPOSES

     Introduced By: Representatives Vella-Wilkinson, Noret, Azzinaro, and Filippi

     Date Introduced: February 24, 2021

     Referred To: House Education

     It is enacted by the General Assembly as follows:

     SECTION 1. Section 16-64-1 of the General Laws in Chapter 16-64 entitled "Residence

of Children for School Purposes" is hereby amended to read as follows:

     16-64-1. Residency of children for school purposes.

     (a) Except as provided by law or by agreement, a child shall be enrolled in the school

system of the city or town where he or she resides. A child shall be deemed to be a resident of the

city or town where his or her parents reside. If the child's parents reside in different cities or towns

the child shall be deemed to be a resident of the city or town in which the parent having actual

custody of the child resides. In cases where a child has no living parents, has been abandoned by

his or her parents, or when parents are unable to care for their child on account of parental illness

or family break-up, the child shall be deemed to be a resident of the city or town where the child

lives with his or her legal guardian, natural guardian, or other person acting in loco parentis to the

child. An emancipated minor shall be deemed to be a resident of the city or town where he or she

lives. Children placed in group homes, in foster care, in child caring facilities, or by a Rhode Island

state agency or a Rhode Island licensed child placing agency shall be deemed to be residents of the

city or town where the group home, child caring facility, or foster home is located for the purposes

of enrollment, and this city or town shall be reimbursed or the child's education shall be paid for in

accordance with § 16-64-1.1. In all other cases a child's residence shall be determined in accordance

with the applicable rules of the common law. Where a child is a resident in a dwelling which lies

in more than one municipality, the parent(s) or guardian shall choose which school district the child

shall attend without payment of costs as tuition.

     (b) Notwithstanding the provisions of subsection (a) of this section, a military-connected

student whose parent or guardian is being relocated to the state under military orders and is

transferred to or is pending transfer to a military installation within the state, shall be deemed to be

a resident pupil of the school system of the city or town where the parent or guardian is being

ordered to relocate or where the parent or guardian intends to reside as a result of the relocation,

for the purposes of enrollment. A school or school district shall permit military-connected students

to enroll preliminarily by remote registration without charge and shall not require the parents or

guardians of the military-connected student or the student himself or herself to physically appear

at a location within the district to register the student, if a parent or guardian presents evidence of

military orders that a parent or guardian will be stationed in this state during the current or following

school year. The parent or guardian may use an address within the school district where the

military-connected student is to be enrolled of a temporary on-base billeting facility, a purchased

or leased home or apartment, or federal government or public-private venture off-base military

housing. Proof of required residency shall not be required at the time of the remote registration but

shall be required within ten (10) days of the student's attendance in the school of the city or town

where he or she resides. For purposes of this section, "military-connected student" means a student

who is the dependent of either a person in the active military service of the United States or in a

full-time status during active service with a force of the Rhode Island national guard.

     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 -- RESIDENCE OF CHILDREN FOR SCHOOL PURPOSES

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     This act would provide that children of military personnel transferred to Rhode Island

pursuant to military orders may register the children for school without physically appearing for

the registration.

     This act would take effect upon passage.

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