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Summary

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This bill updates the rules for school attendance and homeschooling approvals in Rhode Island. It requires public schools to consult with parents and support teams before taking a student to family court for truancy. Additionally, it gives local school committees the authority to delay or deny a parent's request to homeschool their child if the student has recent or pending truancy issues, or if the proposed instructor lacks the ability to teach. It establishes a process for parents to appeal these denials and requires students to remain in public school while their homeschooling request is being reviewed.
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Analysis

Pros for Progressives

  • Requires schools to exhaust supportive interventions—such as consulting parents and utilizing behavioral support teams—before referring truant students to family court, helping to dismantle the school-to-prison pipeline.
  • Protects vulnerable children by preventing parents from using at-home instruction as a loophole to hide educational neglect or evade compulsory attendance enforcement.
  • Ensures students with disabilities (IEP or 504 plans) receive necessary accommodations by allowing schools to deny home instruction that lacks the capacity or resources to meet their documented needs.

Cons for Progressives

  • Gives local school committees broad discretion over what constitutes a "competent instructor," which could lead to biased decisions against marginalized, non-traditional, or low-income families.
  • Maintains the threat of fines and imprisonment for truancy, a punitive approach that disproportionately impacts poor and disadvantaged families struggling with systemic barriers to attendance.
  • Forces families who are denied homeschooling to navigate a bureaucratic state appeals process, placing an administrative burden on those with limited time or resources.

Pros for Conservatives

  • Empowers local government authorities to strictly enforce compulsory education laws, limiting the personal freedom of parents who wish to easily withdraw their children for alternative schooling.
  • Creates a mechanism to weaponize school committee approvals against non-compliant families, forcing them to submit to state educational mandates and oversight.
  • Imposes heavy regulatory burdens on the traditional family unit by requiring parents to prove their competency and capacity to teach their own children at home.

Cons for Conservatives

  • Establishes mandated bureaucratic interventions (like behavioral support teams) before schools can refer truant students to court, limiting the government's ability to quickly punish non-compliance.
  • Provides a formal appeals process and "good cause" exemptions that allow families to bypass local school committee denials, undermining the strict enforcement of truancy penalties.
  • Continues to legitimize alternative learning plans and COVID-19 related extended withdrawals, which may be viewed as overly accommodating rather than enforcing rigid schooling standards.

Constitutional Concerns

The bill raises minor 14th Amendment concerns regarding the fundamental right of parents to direct the education of their children. Giving school committees the power to deny at-home instruction based on subjective determinations of a parent's "competency and capacity" could invite due process challenges for vagueness. However, the state's recognized authority to enforce compulsory education and the inclusion of a formal appeals process likely mitigates substantial constitutional risks.

Impact Overview

Groups Affected

  • Parents and guardians
  • Public school students
  • School committees
  • Homeschooling families
  • School administrators

Towns Affected

All

Cost to Taxpayers

None

Revenue Generated

None

BillBuddy Impact Ratings

Importance

40

Measures population affected and overall level of impact.

Freedom Impact

50

Level of individual freedom impacted by the bill.

Public Services

60

How much the bill is likely to impact one or more public services.

Regulatory

55

Estimated regulatory burden imposed on the subject(s) of the bill.

Clarity of Bill Language

85

How clear the language of the bill is. Higher ambiguity equals a lower score.

Enforcement Provisions

80

Measures enforcement provisions and penalties for non-compliance (if applicable).

Environmental Impact

0

Impact the bill will have on the environment, positive or negative.

Privacy Impact

0

Impact the bill is likely to have on the privacy of individuals.

Bill Status

Current Status

Held
Comm Passed
Floor Passed
Law

History

• 05/08/2026 Introduced, referred to House Education

Bill Text

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

SECTION 2. This act shall take effect upon passage.

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