1| STATE OF OKLAHOMA |
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2| 1st Session of the 59th Legislature (2023) |
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3|HOUSE BILL 1035 By: Rosecrants |
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6| AS INTRODUCED |
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7| An Act relating to schools; amending 70 O.S. 2021, |
| Section 10-105, which relates to student attendance; |
8| including exceptions for mental health counseling and |
| occupational therapy appointments; providing for |
9| certification of absence by certain professional; |
| updating language; and providing an effective date. |
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13|BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA: |
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14| SECTION 1. AMENDATORY 70 O.S. 2021, Section 10-105, is |
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15|amended to read as follows: |
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16| Section 10-105. A. It shall be unlawful for a parent, |
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17|guardian, or other person having custody of a child who is over the |
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18|age of five (5) years, and under the age of eighteen (18) years, to |
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19|neglect or refuse to cause or compel such child to attend and comply |
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20|with the rules of some public, private or other school, unless other |
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21|means of education are provided for the full term the schools of the |
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22|district are in session or the child is excused as provided in this |
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23|section. One-half (1/2) day of kindergarten shall be required of |
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24|all children five (5) years of age or older unless the child is |
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1|excused from kindergarten attendance as provided in this section. A |
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2|child who is five (5) years of age shall be excused from |
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3|kindergarten attendance until the next school year after the child |
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4|is six (6) years of age if a parent, guardian, or other person |
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5|having custody of the child notifies the superintendent of the |
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6|district where the child is a resident by certified mail prior to |
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7|enrollment in kindergarten, or at any time during the first school |
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8|year that the child is required to attend kindergarten pursuant to |
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9|this section, of election to withhold the child from kindergarten |
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10|until the next school year after the child is six (6) years of age. |
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11|A kindergarten program shall be directed toward developmentally |
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12|appropriate objectives for such children. The program shall require |
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13|that any teacher employed on and after January 1, 1993, to teach a |
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14|kindergarten program within the public school system shall be |
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15|certified in early childhood education. All teachers hired to teach |
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16|a kindergarten program within the public school system prior to |
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17|January 1, 1993, shall be required to obtain certification in early |
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18|childhood education on or before the 1996-97 school year in order to |
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19|continue to teach a kindergarten program. |
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20| B. It shall be unlawful for any child who is over the age of |
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21|twelve (12) years and under the age of eighteen (18) years, and who |
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22|has not finished four (4) years of high school work, to neglect or |
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23|refuse to attend and comply with the rules of some public, private |
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1|or other school, or receive an education by other means for the full |
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2|term the schools of the district are in session. |
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3| Provided, that this section shall not apply: |
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4| 1. If any child is prevented from attending school by reason of |
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5|mental or physical disability, including mental health counseling |
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6|and occupational therapy appointments, to be determined by the board |
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7|of education of the district upon a certificate of the school |
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8|physician or, public health physician, counselor or occupational |
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9|therapist, or, if no such physician, counselor or occupational |
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10|therapist is available, a duly licensed and practicing physician, |
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11|counselor or occupational therapist; |
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12| 2. If any child is excused from attendance at school, due to an |
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13|emergency, by the principal teacher of the school in which such |
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14|child is enrolled, at the request of the parent, guardian, custodian |
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15|or other person having control custody of such child; |
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16| 3. If any child who has attained his or her sixteenth birthday |
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17|is excused from attending school by written, joint agreement |
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18|between: |
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19| a. the school administrator of the school district where |
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20| the child attends school, and |
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21| b. the parent, guardian or custodian of the child. |
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22| Provided, further, that no child shall be excused from |
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23| attending school by such joint agreement between a |
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24| school administrator and the parent, guardian or |
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1| custodian of the child unless and until it has been |
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2| determined that such action is for the best interest |
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3| of the child and/or the community, and that said child |
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4| shall thereafter be under the supervision of the |
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5| parent, guardian or custodian until the child has |
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6| reached the age of eighteen (18) years; |
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7| 4. If any child is excused from attending school for the |
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8|purpose of observing religious holy days if before the absence, the |
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9|parent, guardian, or other person having custody or control of the |
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10|student child submits a written request for the excused absence. |
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11|The school district shall excuse a student child pursuant to this |
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12|subsection for the days on which the religious holy days are |
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13|observed and for the days on which the student child must travel to |
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14|and from the site where the student child will observe the holy |
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15|days; or |
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16| 5. If any child is excused from attending school for the |
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17|purpose of participating in a military funeral honors ceremony upon |
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18|approval of the school principal. |
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19| C. It shall be the duty of the attendance officer to enforce |
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20|the provisions of this section. In the prosecution of a parent, |
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21|guardian, or other person having custody or control of a child for |
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22|violation of any provision of this section, it shall be an |
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23|affirmative defense that the parent, guardian, or other person |
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24|having custody of the child has made substantial and reasonable |
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1|efforts to comply with the compulsory attendance requirements of |
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2|this section but is unable to cause the child to attend school. If |
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3|the court determines the affirmative defense is valid, it shall |
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4|dismiss the complaint against the parent, guardian, or other person |
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5|having custody of the child and shall notify the school attendance |
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6|officer who shall refer the child to the district attorney for the |
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7|county in which the child resides for the filing of a Child in Need |
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8|of Supervision petition against the child pursuant to the Oklahoma |
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9|Juvenile Code. |
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10| D. Any parent, guardian, custodian, child or other person |
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11|violating any of the provisions of this section, upon conviction, |
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12|shall be guilty of a misdemeanor, and shall be punished as follows: |
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13| 1. For the first offense, a fine of not less than Twenty-five |
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14|Dollars ($25.00) nor more than Fifty Dollars ($50.00), or |
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15|imprisonment for not more than five (5) days, or both such fine and |
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16|imprisonment; |
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17| 2. For the second offense, a fine of not less than Fifty |
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18|Dollars ($50.00) nor more than One Hundred Dollars ($100.00), or |
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19|imprisonment for not more than ten (10) days, or both such fine and |
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20|imprisonment; and |
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21| 3. For the third or subsequent offense, a fine of not less than |
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22|One Hundred Dollars ($100.00) nor more than Two Hundred Fifty |
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23|Dollars ($250.00), or imprisonment for not more than fifteen (15) |
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24|days, or both such fine and imprisonment. |
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1| Each day the child remains out of school after the an oral and |
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2|documented or written warning has been given to the parent, |
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3|guardian, custodian, child or other person or the child has been |
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4|ordered to school by the juvenile court shall constitute a separate |
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5|offense. |
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6| E. At the trial of any person charged with violating the |
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7|provisions of this section, the attendance records of the child or |
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8|ward may be presented in court by any authorized employee of the |
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9|school district. |
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10| F. The court may order the parent, guardian, or other person |
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11|having custody of the child to perform community service in lieu of |
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12|the fine set forth in this section. The court may require that all |
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13|or part of the community service be performed for a public school |
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14|district. |
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15| G. The court may order as a condition of a deferred sentence or |
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16|as a condition of sentence upon conviction of the parent, guardian, |
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17|or other person having custody of the child any conditions as the |
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18|court considers necessary to obtain compliance with school |
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19|attendance requirements. The conditions may include, but are not |
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20|limited to, the following: |
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21| 1. Verifying attendance of the child with the school; |
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22| 2. Attending meetings with school officials; |
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23| 3. Taking the child to school; |
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24| 4. Taking the child to the bus stop; |
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1| 5. Attending school with the child; |
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2| 6. Undergoing an evaluation for drug, alcohol, or other |
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3|substance abuse and following the recommendations of the evaluator; |
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4|and |
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5| 7. Taking the child for drug, alcohol, or other substance abuse |
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6|evaluation and following the recommendations of the evaluator, |
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7|unless excused by the court. |
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8| SECTION 2. This act shall become effective November 1, 2023. |
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10| 59-1-5668 EK 01/02/23 |
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