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HB 8531

AN ACT RELATING TO EDUCATION -- COMPULSORY ATTENDANCE

2026 Regular Session Introduced by Sam Azzinaro and 9 co-sponsors

Allows school committees to deny or defer at-home instruction if attendance-related issues exist, with due process, short deferral windows, and clear appeal rights.

05/19/2026 Committee recommended measure be held for further study
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Bill Summary · HB 8531

Overview

  • Bill: HB 8531
  • Session: 2026 (Rhode Island)
  • Jurisdiction: Rhode Island
  • Title: AN ACT RELATING TO EDUCATION -- COMPULSORY ATTENDANCE
  • Introduced: May 8, 2026
  • Referred to: House Education
  • Purpose: Amend Rhode Island’s compulsory attendance framework to provide school committees with greater discretion to deny or defer approval of at-home instruction plans in cases where attendance issues or related petitions/charges are present, while preserving due process and the ability to appeal.

Main purpose and intent

  • Strengthen oversight of at-home instruction (home schooling) when there are ongoing attendance-related concerns.
  • Allow local school committees to defer or deny approval of at-home instruction plans if a truancy petition, habitual truancy petition, or related civil/criminal charges involving attendance exist or are pending.
  • Ensure due process for parents/guardians, including defined appeal pathways and required written findings.

Key provisions and changes

  1. Attendance requirements (16-19-1)

    • Maintains existing compulsory attendance obligation: all children who have completed 6 years of life or are enrolled in kindergarten, and under 18, must regularly attend public day school.
    • Public schools must monitor attendance data and identify truancy early.
    • Schools must attempt interventions before referring truancy to family court (parent consultation and coordination with school support teams).

  2. Penalties for non-attendance

    • Owners/guardians responsible for ensuring attendance may be fined up to $50 per day of non-attendance.
    • If more than 30 days of attendance are missed in a school year, penalties may include imprisonment up to 6 months or fines up to $500, or both.
    • Exceptions allow attendance to be deemed compliant if the child attends alternative approved arrangements (private day school, at-home instruction approved by the school committee, postsecondary enrollment, a waiver, or if ill/unable to attend for other lawful reasons).

  3. Waiver of compulsory attendance (16-19-1(b))

    • Superintendent may grant a waiver upon proof of an alternative learning plan for obtaining a high school diploma or equivalent.
    • Alternative-learning plans must be age-appropriate, flexible, and may include extended-learning opportunities (independent study, internships, online courses, etc.), with consideration for COVID-19–related disruptions.
    • Plans must be developed with input from the pupil, counselor, principal, and at least one parent/guardian and approved by the superintendent.
    • Provisions for appeals if the plan is not approved (to school committee, then to commissioner).

  4. Alternative-learning plans and extended withdrawal

    • Plans may include extended withdrawal for unique disruptions; students remain enrolled and can return to regular classes without re-enrollment.
    • Extended withdrawal is subject to periodic monitoring.

  5. Denial/deferral of at-home instruction (16-19-2)

    • Local school committees may deny or defer approval of at-home instruction if attendance-related petitions are filed or pending, or if related charges exist within the prior 12 months, or if the proposed instruction lacks necessary competency or capacity.
    • A deferral is limited to up to 30 school days, with potential extension of up to 15 additional days for good cause.
    • Denial must include written findings addressing the relevant factors (truancy status, legal issues, best interests of the child, and evidence supporting the denial).
    • If a child is enrolled in public school at the time of at-home instruction request, the child remains enrolled and attends unless temporary arrangements are deemed necessary for medical or safety reasons.

  6. At-home instruction standards and accommodations (16-19-2)

    • For students with Section 504 plans, IEPs, or other special education needs, the committee must consider whether at-home instruction provides necessary accommodations and supports.

  7. Appeals and due process

    • Denials/deferrals must be in writing with specific factual findings and notice of appeal rights.
    • Parents may appeal to the Department of Elementary and Secondary Education (DESE) within 30 days; DESE’s decision is final.
    • DESE may promulgate rules to implement these provisions, including definitions of “good faith,” “capacity,” “competent instructor,” and standards for hearings and documentation.

Who and what is affected

  • Students subject to compulsory attendance in Rhode Island.
  • Parents/guardians or individuals with care and custody of students.
  • School committees and school administrators responsible for approving at-home instruction.
  • Truant officers and the Department of Elementary and Secondary Education (DESE) for oversight and appeals.
  • Students with IEPs or 504 plans, where accommodations must be considered in at-home instruction.

Procedural and timeline aspects

  • Effective date: Takes effect upon passage.
  • Appeals timeline: Appeals to DESE must be filed within 30 days of written decision.
  • Deferrals of at-home instruction: Initial deferral up to 30 school days, with one possible extension of up to 15 more school days for good cause.
  • Written decisions: Denials/deferrals must be issued in writing within five school days of the committee vote/decision, detailing factual basis and appeal rights.
  • Public schools’ monitoring and interventions: Ongoing requirement to monitor attendance and attempt interventions before referrals to family court.

Notable policy implications

  • Balances enforcement of compulsory attendance with flexibility for at-home/in alternative learning arrangements.
  • Introduces a structured appeal pathway and due-process protections for families challenging committee decisions.
  • Acknowledges pandemic-era disruptions by explicitly permitting alternative learning strategies and extended withdrawal options.

If you’d like, I can compare this bill to current Rhode Island compulsory attendance statutes or provide a section-by-section annotated outline.

Compiled from official sources — confirm details with the bill’s official record.

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