EDUCATION -- COMPULSORY ATTENDANCE, the official text

H8531 2026 -- H 8531 ======== LC006240 ======== STATE OF RHODE ISLAND IN GENERAL ASSEMBLY JANUARY SESSION, A.D. 2026 ____________ A N A C T RELATING TO EDUCATION -- COMPULSORY ATTENDANCE Introduced By: Representatives O Brien, Dawson, Shanley, Noret, Serpa, Fellela, Azzinaro, Kennedy, Corvese, and Solomon Date Introduced: May 08, 2026 Referred To: House Education It is enacted by the General Assembly as follows: 1 SECTION 1. Sections 16-19-1 and 16-19-2 of the General Laws in Chapter 16-19 entitled 2 Compulsory Attendance [See Title 16 Chapter 97 — The Rhode Island Board of Education Act] 3 are hereby amended to read as follows: 4 16-19-1. Attendance required. 5 (a) Every child who has completed, or will have completed, six (6) years of life on or before 6 September 1 of any school year, or is enrolled in kindergarten, and has not completed eighteen (18) 7 years of life, shall regularly attend some public day school during all the days and hours that the 8 public schools are in session in the city or town in which the child resides. The public school shall 9 be responsible for regular attendance data monitoring of all students and early identification of 10 emergent truant behavior. Prior to referring truant students to family court, schools must do their 11 due diligence to assure all interventions have taken place. This includes, and is not limited to: 12 (1) Consultation with the parent or guardian; and 13 (2) Coordination with the student’s school-identified support team such as the 14 individualized education plan, behavioral support, or attendance teams. 15 Every person having under his or her control a child, as described in this section, shall 16 cause the child to attend school as required by this section, and for every neglect of this duty, the 17 person having control of the child shall be fined not exceeding fifty dollars ($50.00) for each day, 18 or part of a day, that the child fails to attend school, and if the total of these days is more than thirty 19 (30) school days during any school year, then the person shall, upon conviction, be imprisoned not 1 exceeding six (6) months or shall be fined not more than five hundred dollars ($500), or both; 2 provided, that if the person so charged shall prove that the child has attended, for the required period 3 of time, a private day school approved by the commissioner of elementary and secondary education 4 pursuant to § 16-60-6(10); or a course of at-home instruction approved by the school committee of 5 the town where the child resides , pursuant to § 16-19-2 ; or has been accepted into an accredited 6 postsecondary education program; or has obtained a waiver under subsection (b); or that the 7 physical or mental condition of the child was such as to render his or her attendance at school 8 inexpedient or impracticable; or that the child was excluded from school by virtue of some other 9 general law or regulation, then attendance shall not be obligatory nor shall the penalty be incurred. 10 (b) A waiver to the compulsory attendance requirement may be granted by the 11 superintendent only upon proof that the pupil has an alternative learning plan for obtaining either 12 a high school diploma or its equivalent. 13 (1) Alternative-learning plans shall include age-appropriate academic rigor and the 14 flexibility to incorporate the pupil’s interests and manner of learning. These plans may include, but 15 are not limited to, such components, or combination of components, of extended learning 16 opportunities as independent study, private instruction, performing groups, internships, community 17 service, apprenticeships, and online courses that are currently funded and available to the school 18 department and/or the community. In developing these alternative-learning plans, consideration 19 shall be given to the unique difficulties and interruptions that many students are experiencing 20 because of the COVID-19 pandemic. Accordingly, these alternative-learning plans may incorporate 21 alternatives and extended breaks in study that would not be considered preferable under non- 22 pandemic circumstances. 23 (2) Alternative-learning plans shall be developed, and amended if necessary, in 24 consultation with the pupil, a school guidance counselor, the school principal, and at least one 25 parent or guardian of the pupil, and submitted to the superintendent for approval. An alternative- 26 learning plan may, but is not required to, incorporate an extended withdrawal as set forth in this 27 section. 28 (3)(i) If the superintendent does not approve the alternative-learning plan, the parent or 29 guardian of the pupil may appeal such decision to the school committee. A parent or guardian may 30 appeal the decision of the school committee to the commissioner of education pursuant to chapter 31 39 of this title (hereinafter collectively referred to as the “reviewing body”). 32 (ii) In making decisions regarding the approval of an alternative-learning plan, 33 consideration shall be given to the unique difficulties and interruptions that many students are 34 experiencing because of the COVID-19 pandemic. Accordingly, alternative-learning plans may be LC006240 - Page 2 of 7 1 approved that may incorporate alternatives and extended breaks in study that would not be 2 considered preferable under non-pandemic circumstances. The provisions of this section shall not 3 require the approval of an alternative-learning plan that the reviewing body determines is not in the 4 best interests of the child. 5 (iii) In addition, this section authorizes the granting of an extended withdrawal from school. 6 An extended withdrawal from school is a withdrawal that may be authorized that is not intended to 7 be a permanent withdrawal but that is extended because of unique difficulties and interruptions that 8 many students are experiencing because of the COVID-19 pandemic. A student in an extended 9 withdrawal shall still be considered to be enrolled in school and will not need to be re-enrolled for 10 purposes of returning to the student’s regular classes. An extended withdrawal may authorize a 11 student to be excused from taking any classes during the withdrawal period or to undertake a 12 reduced number of classes than the student would otherwise take as an enrolled student. An 13 extended withdrawal shall include provisions to periodically monitor and check-in on the status of 14 the student and the student’s ability to return to the public school learning environment. An 15 extended withdrawal pursuant to this subsection may be granted to any student, regardless of age. 16 (c) Nothing in this section shall be deemed to limit or otherwise interfere with the rights of 17 teachers and other school employees to collectively bargain pursuant to chapters 9.3 and 9.4 of title 18 28 or to allow any school committee to abrogate any agreement reached by collective bargaining. 19 (d) No school shall use a student’s truancy or absenteeism as the sole basis for using an 20 out-of-school suspension as a disciplinary action. 21 16-19-2. Approval of private schools — Requirements — Review Approval of private 22 schools and at-home instruction -- Enforcement safeguards -- Due process. 23 (a) For the purposes of this chapter a private school or at-home instruction shall be 24 approved only when it complies with the following requirements: (1) that the period of attendance 25 of the pupils in the school or in the home instruction is substantially equal to that required by law 26 in public schools; (2) that registers are kept and returned to the school committee, the 27 superintendent of schools, truant officers, and the department of elementary and secondary 28 education in relation to the attendance of pupils, and are made the same as registers kept by the 29 public schools; (3) that reading, writing, geography, arithmetic, the history of the United States, the 30 history of Rhode Island, and the principles of American government shall be taught in the English 31 language substantially to the same extent as these subjects are required to be taught in the public 32 schools, and that the teaching of the English language and of other subjects indicated in this section 33 shall be thorough and efficient; provided, however, that nothing contained in this section shall be 34 construed or operate to deny the right to teach in private schools or in at-home instruction any of LC006240 - Page 3 of 7 1 the subjects or any other subject in any other language in addition to the teaching in English as 2 prescribed in this section; provided, further, that any interested person resident in any city or town 3 aggrieved by the action of the school committee of the city or town either in approving or refusing 4 to approve at-home instruction may appeal the action to the department of elementary and 5 secondary education. The department of elementary and secondary education, after notice to the 6 parties interested of the time and place of a hearing, shall examine and decide the appeal without 7 cost to the parties. The commissioner of elementary and secondary education shall also grant a 8 hearing to any party aggrieved by a refusal to approve a private school pursuant to § 16-60-6(10). 9 The decision of the board of regents for elementary and secondary education shall, if an appeal is 10 made to the board, be final. 11 (b) Notwithstanding any other provision of law, a local school committee may deny 12 approval of, or defer action upon, a proposed course of at-home instruction when the committee 13 finds, based on specific facts in the record, that approval at that time would be inconsistent with 14 law or not in the best interest of the child. 15 (1) The committee may deny or defer approval where: 16 (i) A truancy, habitual truancy, or other attendance-related petition has been filed by the 17 school department against the child and remains pending; 18 (ii) The child has been the subject of such a petition within the preceding twelve (12) 19 months; 20 (iii) A parent, guardian, or other individual having care, custody or control of the child has 21 been charged, civilly or criminally, with an offense or violation arising from failure to comply with 22 compulsory attendance requirements, and the charge remains pending or was filed within the 23 preceding twelve (12) months; or 24 (iv) The committee determines that the proposed primary instructor or instruction lacks the 25 competency and the capacity necessary to provide instruction, including the capacity to maintain 26 required attendance records and reporting. 27 (2) When a request for at-home instruction is submitted for a child who is enrolled in a 28 public school at the time of submission, the child shall remain enrolled and shall attend school 29 pending the committee’s decision, unless the superintendent determines that temporary alternative 30 arrangements are required for documented medical or safety reasons. 31 (3) A deferral under this subsection shall be for a reasonable, defined period not to exceed 32 thirty (30) school days, during which the committee shall provide the parent or guardian with an 33 opportunity to submit documentation and to be heard regarding good cause, good faith for at-home 34 instruction, as well as competency and capacity pursuant to subsection (c) of this section. The LC006240 - Page 4 of 7 1 committee may extend the deferral once, for good cause shown and with written findings, for a 2 period not to exceed an additional fifteen (15) school days. 3 (4) A denial under this subsection shall be based on written findings that address: 4 (i) The nature and procedural posture of any pending truancy petition against the child, or 5 any criminal or civil charges against a parent, guardian or individual having care, custody, or 6 control of the child; 7 (ii) Why approval at that time would be inconsistent with law or not in the best interest of 8 the child; and 9 (iii) Why the evidence submitted by the parent, guardian or individual having care, custody, 10 or control of the child pursuant to subsection (c) of this section did not demonstrate good faith and 11 capacity or did not demonstrate the competency of the proposed instruction. 12 (c)(1) A denial or deferral shall not be issued, and a deferred request shall be approved, if 13 the parent, guardian or individual having care, custody, or control of the child demonstrates, 14 through documentation or testimony, that: 15 (i) The child’s failure to attend school occurred for good cause including, but not limited 16 to, documented medical circumstances, documented safety concerns, documented disability-related 17 needs, or other substantial reasons beyond the control of the parent, guardian or individual having 18 care, custody, or control of the child; 19 (ii) The proposed at-home instruction is offered in good faith as a bona fide educational 20 program and is not primarily intended to evade compulsory attendance enforcement; and 21 (iii) The proposed instruction is reasonably capable of complying with this section, 22 including maintaining required attendance substantially equal to public schools, maintaining and 23 producing required registers, and providing thorough and efficient instruction. 24 (2) For purposes of this subsection, a “competent instructor” means a parent, guardian or 25 individual having care, custody, or control of the child with demonstrated ability to provide 26 instruction, a qualified third-party instructor, or an accredited distance-learning program and any 27 other person as defined by the department of elementary and secondary education pursuant to the 28 provisions of subsection (f)(2) of this section; provided that, the parent, guardian or individual 29 having care, custody, or control of the child retains responsibility for compliance with attendance 30 and reporting requirements under this chapter. 31 (d) Where a child is subject to a Section 504 plan, an individualized education program 32 (IEP), or other documented special education needs, the school committee may consider whether 33 the proposed at-home instruction reasonably provides for the accommodations, services, or 34 supports necessary for the child to access instruction. Approval may be denied only upon written LC006240 - Page 5 of 7 1 findings that the parent, guardian or individual having care, custody, or control of the child, the 2 proposed instructor, or the proposed instruction, lacks the capacity or resources to implement 3 necessary accommodations in a manner consistent with the child’s documented needs, and only 4 after the parent, guardian or individual having care, custody, or control of the child has been 5 afforded the opportunity to submit a proposed accommodation plan. 6 (e) Any denial or deferral under this section shall be issued in writing and shall state the 7 specific factual basis for the committee’s action, including any findings required pursuant to this 8 section where applicable. The written decision shall identify the evidence relied upon, shall inform 9 the parent, guardian or individual having care, custody, or control of the child of the right to appeal, 10 and shall be provided within five (5) school days of the committee’s vote or determination. 11 (f)(1) A parent, guardian or individual having care, custody, or control of the child 12 aggrieved by a denial or deferral under this section may appeal to the department of elementary 13 and secondary education within thirty (30) days of receipt of the written decision. The department 14 shall review the record for compliance with this chapter and issue a written decision. The 15 department’s decision shall be final. 16 (2) The department of elementary and secondary education is authorized to promulgate 17 rules and regulations necessary to implement the provisions of this section, including definitions 18 of “good faith,” “capacity,” and “competent instructor,” the standards for hearings and 19 documentation, the timeliness for decisions and appeals, and the standards for review of denials or 20 deferrals. 21 SECTION 2. This act shall take effect upon passage. ======== LC006240 ======== LC006240 - Page 6 of 7 EXPLANATION BY THE LEGISLATIVE COUNCIL OF A N A C T RELATING TO EDUCATION -- COMPULSORY ATTENDANCE *** 1 This act would amend the provisions of compulsory attendance to authorize school 2 committees to deny or defer approval of a proposed course of at-home instruction where the filing 3 of a truancy or educational neglect petition, or attendance-related civil or criminal charges, raises 4 legitimate concerns about the content or enforcement of the education plan. 5 This act would take effect upon passage. ======== LC006240 ======== LC006240 - Page 7 of 7