1|ENGROSSED SENATE AMENDMENT |
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2|ENGROSSED HOUSE |
|BILL NO. 1035 By: Rosecrants, Pae, and |
3| Provenzano of the House |
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4| and |
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5| Pemberton of the Senate |
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7| |
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8| [ schools - student attendance - exceptions for |
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9| mental health counseling and occupational therapy |
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10| appointments - certification of absence - effective |
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11| date ] |
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14|AMENDMENT NO. 1. Page 1, strike the stricken title, enacting clause |
| and entire bill and insert |
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16| "An Act relating to schools; amending 70 O.S. 2021, |
| Section 10-105, which relates to student attendance; |
17| updating statutory language; providing exceptions for |
| mental health counseling and occupational therapy; |
18| requiring submission of written request for excused |
| absence; allowing certain excuse upon receipt of |
19| certain documentation; providing an effective date; |
| and declaring an emergency. |
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21| |
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22|BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA: |
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23| SECTION 1. AMENDATORY 70 O.S. 2021, Section 10-105, is |
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24|amended to read as follows: |
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1| Section 10-105. A. It shall be unlawful for a parent, |
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2|guardian, or other person having custody of a child who is over the |
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3|age of five (5) years, and under the age of eighteen (18) years, to |
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4|neglect or refuse to cause or compel such the child to attend and |
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5|comply with the rules of some public, private, or other school, |
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6|unless other means of education are provided for the full term the |
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7|schools of the district are in session or the child is excused as |
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8|provided in this section. One-half (1/2) day of kindergarten shall |
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9|be required of all children five (5) years of age or older unless |
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10|the child is excused from kindergarten attendance as provided in |
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11|this section. A child who is five (5) years of age shall be excused |
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12|from kindergarten attendance until the next school year after the |
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13|child is six (6) years of age if a parent, guardian, or other person |
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14|having custody of the child notifies the superintendent of the |
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15|district where the child is a resident by certified mail prior to |
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16|enrollment in kindergarten, or at any time during the first school |
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17|year that the child is required to attend kindergarten pursuant to |
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18|this section, of election to withhold the child from kindergarten |
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19|until the next school year after the child is six (6) years of age. |
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20|A kindergarten program shall be directed toward developmentally |
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21|appropriate objectives for such children. The program shall require |
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22|that any teacher employed on and after January 1, 1993, to teach a |
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23|kindergarten program within the public school system shall be |
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24|certified in early childhood education. All teachers hired to teach |
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1|a kindergarten program within the public school system prior to |
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2|January 1, 1993, shall be required to obtain certification in early |
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3|childhood education on or before the 1996-97 school year in order to |
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4|continue to teach a kindergarten program. |
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5| B. It shall be unlawful for any child who is over the age of |
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6|twelve (12) years and under the age of eighteen (18) years, and who |
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7|has not finished four (4) years of high school work, to neglect or |
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8|refuse to attend and comply with the rules of some public, private, |
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9|or other school, or receive an education by other means for the full |
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10|term the schools of the district are in session. |
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11| Provided, that this section shall not apply: |
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12| 1. If any child is prevented from attending school by reason of |
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13|mental or physical disability, to be determined by the board of |
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14|education of the district upon a certificate of the school physician |
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15|or public health physician, or, if no such physician is available, a |
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16|duly licensed and practicing physician; |
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17| 2. If any child is excused from attendance at school, due to an |
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18|emergency, by the principal teacher of the school in which such the |
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19|child is enrolled, at the request of the parent, guardian, |
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20|custodian, or other person having control custody of such the child; |
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21| 3. If any child who has attained his or her sixteenth birthday |
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22|is excused from attending school by written, joint agreement |
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23|between: |
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1| a. the school administrator of the school district where |
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2| the child attends school, and |
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3| b. the parent, guardian, or custodian of the child. |
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4| Provided, further, that no child shall be excused from |
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5| attending school by such the joint agreement between a |
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6| school administrator and the parent, guardian, or |
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7| custodian of the child unless and until it has been |
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8| determined that such the action is for the best |
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9| interest of the child and/or the community, and that |
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10| said the child shall thereafter be under the |
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11| supervision of the parent, guardian, or custodian |
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12| until the child has reached the age of eighteen (18) |
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13| years; |
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14| 4. If any child is excused from attending school for the |
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15|purpose of observing religious holy days if before the absence, the |
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16|parent, guardian, or other person having custody or control of the |
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17|student child submits a written request for the excused absence. |
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18|The school district shall excuse a student child pursuant to this |
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19|subsection for the days on which the religious holy days are |
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20|observed and for the days on which the student child must travel to |
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21|and from the site where the student child will observe the holy |
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22|days; or |
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1| 5. If any child is excused from attending school for the |
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2|purpose of participating in a military funeral honors ceremony upon |
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3|approval of the school principal; or |
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4| 6. If any child is excused from attending school for the |
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5|purpose of receiving mental health counseling or occupational |
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6|therapy if before the absence, the parent, guardian, or other person |
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7|having custody of the child submits a written request for the |
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8|excused absence. The school district shall excuse the child |
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9|pursuant to this subsection upon receipt of documentation from the |
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10|mental health or occupational therapy provider evidencing the |
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11|child's absence due to participation in mental health counseling or |
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12|occupational therapy. |
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13| C. It shall be the duty of the attendance officer to enforce |
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14|the provisions of this section. In the prosecution of a parent, |
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15|guardian, or other person having custody of a child for violation of |
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16|any provision of this section, it shall be an affirmative defense |
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17|that the parent, guardian, or other person having custody of the |
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18|child has made substantial and reasonable efforts to comply with the |
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19|compulsory attendance requirements of this section but is unable to |
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20|cause the child to attend school. If the court determines the |
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21|affirmative defense is valid, it shall dismiss the complaint against |
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22|the parent, guardian, or other person having custody of the child |
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23|and shall notify the school attendance officer who shall refer the |
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24|child to the district attorney for the county in which the child |
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1|resides for the filing of a Child in Need of Supervision petition |
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2|against the child pursuant to the Oklahoma Juvenile Code. |
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3| D. Any parent, guardian, custodian, child, or other person |
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4|violating any of the provisions of this section, upon conviction, |
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5|shall be guilty of a misdemeanor, and shall be punished as follows: |
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6| 1. For the first offense, a fine of not less than Twenty-five |
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7|Dollars ($25.00) nor more than Fifty Dollars ($50.00), or |
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8|imprisonment for not more than five (5) days, or both such fine and |
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9|imprisonment; |
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10| 2. For the second offense, a fine of not less than Fifty |
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11|Dollars ($50.00) nor more than One Hundred Dollars ($100.00), or |
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12|imprisonment for not more than ten (10) days, or both such fine and |
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13|imprisonment; and |
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14| 3. For the third or subsequent offense, a fine of not less than |
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15|One Hundred Dollars ($100.00) nor more than Two Hundred Fifty |
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16|Dollars ($250.00), or imprisonment for not more than fifteen (15) |
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17|days, or both such fine and imprisonment. |
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18| Each day the child remains out of school after the an oral and |
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19|documented or written warning has been given to the parent, |
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20|guardian, custodian, child, or other person or the child has been |
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21|ordered to school by the juvenile court shall constitute a separate |
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22|offense. |
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23| E. At the trial of any person charged with violating the |
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24|provisions of this section, the attendance records of the child or |
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1|ward may be presented in court by any authorized employee of the |
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2|school district. |
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3| F. The court may order the parent, guardian, or other person |
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4|having custody of the child to perform community service in lieu of |
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5|the fine set forth in this section. The court may require that all |
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6|or part of the community service be performed for a public school |
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7|district. |
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8| G. The court may order as a condition of a deferred sentence or |
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9|as a condition of sentence upon conviction of the parent, guardian, |
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10|or other person having custody of the child any conditions as the |
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11|court considers necessary to obtain compliance with school |
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12|attendance requirements. The conditions may include, but are not |
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13|limited to, the following: |
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14| 1. Verifying attendance of the child with the school; |
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15| 2. Attending meetings with school officials; |
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16| 3. Taking the child to school; |
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17| 4. Taking the child to the bus stop; |
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18| 5. Attending school with the child; |
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19| 6. Undergoing an evaluation for drug, alcohol, or other |
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20|substance abuse and following the recommendations of the evaluator; |
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21|and |
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22| 7. Taking the child for drug, alcohol, or other substance abuse |
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23|evaluation and following the recommendations of the evaluator, |
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24|unless excused by the court. |
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1| SECTION 2. This act shall become effective July 1, 2023. |
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2| SECTION 3. It being immediately necessary for the preservation |
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3|of the public peace, health, or safety, an emergency is hereby |
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4|declared to exist, by reason whereof this act shall take effect and |
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5|be in full force from and after its passage and approval." |
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7| Passed the Senate the 25th day of April, 2023. |
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| Presiding Officer of the Senate |
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11| Passed the House of Representatives the ____ day of __________, |
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12|2023. |
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| Presiding Officer of the House |
15| of Representatives |
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