CHAPTER 272

96-H 8181A am

Approved Aug. 6, 1996.

AN ACT RELATING TO EDUCATION -- COMPULSORY ATTENDANCE

It is enacted by the General Assembly as follows:

SECTION 1. Section 16-19-8 of the General Laws in Chapter 16-19 entitled "Compulsory Attendance" is hereby amended to read as follows:

16-19-8. Jurisdiction of family court. -- (a) {ADD Jurisdiction of cases arising under section 16-19-1 may reside with juvenile hearing boards in those cities and towns that so desire to hear such cases and which have established such boards. Any municipal juvenile hearing board established pursuant to this section shall, prior to hearing any compulsory attendance cases, inform the chief judge of the family court, in writing, of its establishment and plan to hear compulsory attendance cases. In all other cases arising under section 16-19-1 jurisdiction shall be with the family court. ADD} The family court of the state shall have jurisdiction in all cases arising under section 16-19-1.

(b) The family court shall also have authority to issue such equitable orders, enforcible through contempt of court proceedings, as may be needed to enforce section 16-19-1. As an alternative to the procedure set-out in section 16-19-1, the school committee may file a civil complaint seeking injunctive relief in truancy cases. If the family court rules in favor of the school committee the court may issue an injunction, enforceable through contempt of court proceedings, requiring compliance with the compulsory attendance law. Neither prior resort to enforcement proceedings under section 16-19-1 nor a showing of irreparable injury shall be prerequisite to injunctive relief under this section.

SECTION 2. This act shall take effect upon passage.



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