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