2026 -- H 7900

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LC005669

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2026

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A N   A C T

RELATING TO EDUCATION -- RESIDENCE OF CHILDREN FOR SCHOOL PURPOSES

     Introduced By: Representatives DeSimone, Slater, and Biah

     Date Introduced: February 27, 2026

     Referred To: House Education

     It is enacted by the General Assembly as follows:

     SECTION 1. Findings and purpose.

     (1) Rhode Island’s public education system guarantees every child the right to attend school

in their city or town of residence, pursuant to R.I. Gen. Laws §16-64-1.

     (2) In practice, many districts assign students to specific schools within the district based

on geographic zones or catchment areas.

     (3) Such boundaries were designed for administrative convenience, not to limit equitable

access to public education.

     (4) It is contrary to the public interest that open seats remain unfilled in one part of a district

while students elsewhere face overcrowding or lack access to quality options.

     (5) Every publicly funded seat should be made available to students residing in the same

district before the district seeks additional resources or capital expansion.

     (6) Therefore, the General Assembly declares that within-district access to open public

school seats is a matter of fairness, efficiency, and educational opportunity.

     SECTION 2. 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) In-district access to open seats.

     (1) Each school district shall ensure that any public school with available seats, after

completion of the initial enrollment period for students residing in that school’s designated

attendance area, shall make such seats available to other students residing within the same school

district.

     (2) The Rhode Island department of education (“RIDE”) shall, within twelve (12) months

of the effective date of this subsection, by regulation, establish procedures governing the

identification, public posting, and equitable assignment of such open seats including, but not

limited to, timelines, application processes, and lottery mechanisms when applications exceed

available capacity.

     (3) Districts may give enrollment priority to siblings of currently enrolled students, students

requiring specialized programs not offered elsewhere, or students residing nearest to the school;

provided that, such priorities are applied consistently and transparently.

     (4) No student shall be denied participation in the in-district open seat process on the basis

of race, ethnicity, language status, disability, or socioeconomic status.

     (5) Districts shall annually report to RIDE the number of available seats, applications

received, and placements made under this subsection.

     (6) RIDE shall compile and publicly release this data by October 1 of each year.

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     SECTION 3. 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 ensure that any public school with available seats, after completion of the

initial enrollment period for students residing in that school’s designated attendance area, shall

make such seats available to other students residing within the same school district.

     This act would take effect upon passage.

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