1| STATE OF OKLAHOMA | | | 2| 1st Session of the 60th Legislature (2025) | | | 3|HOUSE BILL 1109 By: Pogemiller | | | 4| | | | 5| | | | 6| AS INTRODUCED | | | 7| An Act relating to truancy; amending 10A O.S. 2021, | | Section 2-2-503, as amended by Section 2, Chapter | 8| 259, O.S.L. 2022 (10A O.S. Supp. 2024, Section | | 2-2-503), which relates to disposition orders, | 9| prohibiting detention for failure to attend school; | | amending 70 O.S. 2021, Sections 10-105, as amended by | 10| Section 1, Chapter 128, O.S.L. 2024 and 10-106 (70 | | O.S. Supp. 2024, Section 10-105), which relate to | 11| school attendance; adding title to misdemeanor; | | mandating waiver of certain fines under certain | 12| conditions; requiring written notice to be sent to | | parents after five unexcused absences; mandating | 13| truancy intervention requirements after certain | | absences; permitting local boards of education to | 14| adopt pre-intervention plans; requiring school | | districts to create and adopt progressive truancy | 15| intervention plans; establishing three-tiered | | requirements for progressive truancy intervention | 16| plans; prohibiting suspension as part of a truancy | | intervention plan; permitting report of absences to | 17| court under certain circumstances; defining evidence | | of unwillingness to cooperate; establishing report | 18| requirements; allowing court dismissal of complaints | | under certain circumstances; providing an effective | 19| date; and declaring an emergency. | | | 20| | | | 21|BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA: | | | 22| SECTION 1. AMENDATORY 10A O.S. 2021, Section 2-2-503, as | | | 23|amended by Section 2, Chapter 259, O.S.L. 2022 (10A O.S. Supp. 2024, | | | 24|Section 2-2-503), is amended to read as follows: | | | Req. No. 11025 Page 1 ___________________________________________________________________________
1| Section 2-2-503. A. The following kinds of orders of | | | 2|disposition may be made in respect to children adjudicated in need | | | 3|of supervision or delinquent: | | | 4| 1. The court may place the child on probation with or without | | | 5|supervision in the home of the child, or in the custody of a | | | 6|suitable person, upon such conditions as the court shall determine. | | | 7|If the child is placed on probation in a county having a juvenile | | | 8|bureau, the court may impose a probation fee of not more than | | | 9|Twenty-five Dollars ($25.00) per month, if the court finds that the | | | 10|child or parent or legal guardian of the child has the ability to | | | 11|pay the fee. In counties having a juvenile bureau, the fee shall be | | | 12|paid to the juvenile bureau; in all other counties, no fee shall be | | | 13|paid to the Office of Juvenile Affairs; | | | 14| 2. If it is consistent with the welfare of the child, the child | | | 15|shall be placed with the parent or legal guardian of the child, but | | | 16|if it appears to the court that the conduct of such parent, | | | 17|guardian, legal guardian, stepparent or other adult person living in | | | 18|the home has contributed to the child becoming delinquent or in need | | | 19|of supervision, the court may issue a written order specifying | | | 20|conduct to be followed by such parent, guardian, legal custodian, | | | 21|stepparent or other adult person living in the home with respect to | | | 22|such child. The conduct specified shall be such as would reasonably | | | 23|prevent the child from continuing to be delinquent or in need of | | | 24|supervision. | | | Req. No. 11025 Page 2 ___________________________________________________________________________
1| a. If it is consistent with the welfare of the child, in | | | 2| cases where the child has been adjudicated to be in | | | 3| need of supervision due to repeated absence from | | | 4| school, the court may order counseling and treatment | | | 5| for the child and the parents of the child to be | | | 6| provided by the local school district, the county, the | | | 7| Office or a private individual or entity. Prior to | | | 8| final disposition, the court shall require that it be | | | 9| shown by the appropriate school district that a child | | | 10| found to be truant has been evaluated for learning | | | 11| disabilities, hearing and visual impairments and other | | | 12| impediments which could constitute an educational | | | 13| handicap or has been evaluated to determine whether | | | 14| the child has a disability if it is suspected that the | | | 15| child may require special education services in | | | 16| accordance with the Individuals with Disabilities | | | 17| Education Act (IDEA). The results of such tests shall | | | 18| be made available to the court for use by the court in | | | 19| determining the disposition of the case. | | | 20| b. In issuing orders to a parent, guardian, legal | | | 21| guardian, stepparent or other adult person living in | | | 22| the home of a child adjudicated to be a delinquent | | | 23| child or in making other disposition of said | | | 24| delinquent child, the court may consider the testimony | | | Req. No. 11025 Page 3 ___________________________________________________________________________
1| of said parent, guardian, legal guardian, stepparent | | | 2| or other adult person concerning the behavior of the | | | 3| juvenile and the ability of such person to exercise | | | 4| parental control over the behavior of the juvenile. | | | 5| c. In any dispositional order involving a child age | | | 6| sixteen (16) or older, the court shall make a | | | 7| determination, where appropriate, of the services | | | 8| needed to assist the child to make the transition to | | | 9| independent living. | | | 10| d. No child who has been adjudicated in need of | | | 11| supervision only upon the basis of truancy or | | | 12| noncompliance with the mandatory school attendance law | | | 13| shall be placed in a public or private institutional | | | 14| facility or be removed from the custody of the lawful | | | 15| parent, guardian or custodian of the child. | | | 16| e. Nothing in the Oklahoma Juvenile Code or the Oklahoma | | | 17| Children's Code may be construed to prevent a child | | | 18| from being adjudicated both deprived and delinquent if | | | 19| there exists a factual basis for such a finding; | | | 20| 3. The court may commit the child to the custody of a private | | | 21|institution or agency, including any institution established and | | | 22|operated by the county, authorized to care for children or to place | | | 23|them in family homes. In committing a child to a private | | | 24|institution or agency, the court shall select one that is licensed | | | Req. No. 11025 Page 4 ___________________________________________________________________________
1|by any state department supervising or licensing private | | | 2|institutions and agencies; or, if such institution or agency is in | | | 3|another state, by the analogous department of that state. Whenever | | | 4|the court shall commit a child to any institution or agency, it | | | 5|shall transmit with the order of commitment a summary of its | | | 6|information concerning the child, and such institution or agency | | | 7|shall give to the court such information concerning the child as the | | | 8|court may at any time require; | | | 9| 4. The court may order the child to receive counseling or other | | | 10|community-based services as necessary; | | | 11| 5. The court may commit the child to the custody of the Office | | | 12|of Juvenile Affairs. Any order adjudicating the child to be | | | 13|delinquent and committing the child to the Office of Juvenile | | | 14|Affairs shall be for an indeterminate period of time; | | | 15| 6. If the child has been placed outside the home, and it | | | 16|appears to the court that the parent, guardian, legal custodian, or | | | 17|stepparent, or other adult person living in the home has contributed | | | 18|to the child becoming delinquent or in need of supervision, the | | | 19|court may order that the parent, guardian, legal custodian, | | | 20|stepparent, or other adult living in the home be made subject to any | | | 21|treatment or placement plan prescribed by the Office or other person | | | 22|or agency receiving custody of the child; | | | 23| 7. With respect to a child adjudicated a delinquent child, the | | | 24|court may: | | | Req. No. 11025 Page 5 ___________________________________________________________________________
1| a. for acts involving criminally injurious conduct as | | | 2| defined in Section 142.3 of Title 21 of the Oklahoma | | | 3| Statutes, order the child to pay a victim compensation | | | 4| assessment in an amount not to exceed that amount | | | 5| specified in Section 142.18 of Title 21 of the | | | 6| Oklahoma Statutes. The court shall forward a copy of | | | 7| the adjudication order to the Crime Victims | | | 8| Compensation Board for purposes of Section 142.11 of | | | 9| Title 21 of the Oklahoma Statutes. Except as | | | 10| otherwise provided by law, such adjudication order | | | 11| shall be kept confidential by the Board, | | | 12| b. order the child to engage in a term of community | | | 13| service without compensation. The state or any | | | 14| political subdivision shall not be liable if a loss or | | | 15| claim results from any acts or omission of a child | | | 16| ordered to engage in a term of community service | | | 17| pursuant to the provisions of this paragraph, | | | 18| c. order the child, the parent or parents of the child, | | | 19| legal guardian of the child, or both the child and the | | | 20| parent or parents of the child or legal guardian at | | | 21| the time of the delinquent act of the child to make | | | 22| full or partial restitution to the victim of the | | | 23| offense which resulted in property damage or personal | | | 24| injury. | | | Req. No. 11025 Page 6 ___________________________________________________________________________
1| (1) The court shall notify the victim of the | | | 2| dispositional hearing. The court may consider a | | | 3| verified statement from the victim concerning | | | 4| damages for injury or loss of property and actual | | | 5| expenses of medical treatment for personal | | | 6| injury, excluding pain and suffering. If | | | 7| contested, a restitution hearing to determine the | | | 8| liability of the child, the parent or parents of | | | 9| the child, or legal guardian shall be held not | | | 10| later than thirty (30) days after the disposition | | | 11| hearing and may be extended by the court for good | | | 12| cause. The parent or parents of the child or | | | 13| legal guardian may be represented by an attorney | | | 14| in the matter of the order for remittance of the | | | 15| restitution by the parent or parents of the child | | | 16| or legal guardian. The burden of proving that | | | 17| the amount indicated on the verified statement is | | | 18| not fair and reasonable shall be on the person | | | 19| challenging the fairness and reasonableness of | | | 20| the amount. | | | 21| (2) Restitution may consist of monetary | | | 22| reimbursement for the damage or injury in the | | | 23| form of a lump sum or installment payments after | | | 24| the consideration of the court of the nature of | | | Req. No. 11025 Page 7 ___________________________________________________________________________
1| the offense, the age, physical and mental | | | 2| condition of the child, the earning capacity of | | | 3| the child, the parent or parents of the child, or | | | 4| legal guardian, or the ability to pay, as the | | | 5| case may be. The payments shall be made to such | | | 6| official designated by the court for distribution | | | 7| to the victim. The court may also consider any | | | 8| other hardship on the child, the parent or | | | 9| parents of the child, or legal guardian and, if | | | 10| consistent with the welfare of the child, require | | | 11| community service in lieu of restitution or | | | 12| require both community service and full or | | | 13| partial restitution for the acts of delinquency | | | 14| by the child. | | | 15| (3) A child who is required to pay restitution and | | | 16| who is not in willful default of the payment of | | | 17| restitution may at any time request the court to | | | 18| modify the method of payment. If the court | | | 19| determines that payment under the order will | | | 20| impose a manifest hardship on the child, the | | | 21| parent or parents of the child, or legal | | | 22| guardian, the court may modify the method of | | | 23| payment. | | | 24| | | | Req. No. 11025 Page 8 ___________________________________________________________________________
1| (4) If the restitution is not being paid as ordered, | | | 2| the official designated by the court to collect | | | 3| and disburse the restitution ordered shall file a | | | 4| written report of the violation with the court. | | | 5| The report shall include a statement of the | | | 6| amount of the arrearage and any reasons for the | | | 7| arrearage that are known by the official. A copy | | | 8| of the report shall be provided to all parties | | | 9| and the court shall promptly take any action | | | 10| necessary to compel compliance. | | | 11| (5) Upon the juvenile attaining eighteen (18) years | | | 12| of age, the court shall determine whether the | | | 13| restitution order has been satisfied. If the | | | 14| restitution order has not been satisfied, the | | | 15| court shall enter a judgment of restitution in | | | 16| favor of each person entitled to restitution for | | | 17| the unpaid balance of any restitution ordered | | | 18| pursuant to this subparagraph. The clerk of the | | | 19| court shall send a copy of the judgment of | | | 20| restitution to each person who is entitled to | | | 21| restitution. The judgment shall be a lien | | | 22| against all property of the individual or | | | 23| individuals ordered to pay restitution and may be | | | 24| enforced by the victim or any other person or | | | Req. No. 11025 Page 9 ___________________________________________________________________________
1| entity named in the judgment to receive | | | 2| restitution in the same manner as enforcing | | | 3| monetary judgments. The restitution judgment | | | 4| does not expire until paid in full and is deemed | | | 5| to be a criminal penalty for the purposes of a | | | 6| federal bankruptcy involving the child, | | | 7| d. order the child to pay the fine which would have been | | | 8| imposed had such child been convicted of such crime as | | | 9| an adult. Any such fine collected pursuant to this | | | 10| paragraph shall be deposited in a special Work | | | 11| Restitution Fund to be established by the court to | | | 12| allow children otherwise unable to pay restitution to | | | 13| work in community service projects in the private or | | | 14| public sector to earn money to compensate their | | | 15| victims, | | | 16| e. order the cancellation or denial of driving privileges | | | 17| as provided by Sections 6-107.1 and 6-107.2 of Title | | | 18| 47 of the Oklahoma Statutes, | | | 19| f. sanction detention in the residence of the child or | | | 20| facility designated by the Office of Juvenile Affairs | | | 21| or the juvenile bureau for such purpose for up to five | | | 22| (5) days, order weekend detention in a place other | | | 23| than a juvenile detention facility or shelter, | | | 24| | | | Req. No. 11025 Page 10 ___________________________________________________________________________
1| tracking, or house arrest with electronic monitoring, | | | 2| and | | | 3| g. impose consequences, including detention as provided | | | 4| for in subparagraph f of this paragraph, for | | | 5| postadjudicatory violations of probation; | | | 6| 8. The court may order the child to participate in the Juvenile | | | 7|Drug Court Program; | | | 8| 9. The court may dismiss the petition or otherwise terminate | | | 9|its jurisdiction at any time for good cause shown; and | | | 10| 10. In any dispositional order removing a child from the home | | | 11|of the child, the court shall, in addition to the findings required | | | 12|by Section 2-2-105 of this title, make a determination that, in | | | 13|accordance with the best interests of the child and the protection | | | 14|of the public, reasonable efforts have been made to provide for the | | | 15|return of the child to the home of the child, or that efforts to | | | 16|reunite the family are not required as provided in Section 2-2-105 | | | 17|of this title, and reasonable efforts are being made to finalize an | | | 18|alternate permanent placement for the child. | | | 19| B. Prior to adjudication or as directed by a law enforcement | | | 20|subpoena or court order, a school district may disclose educational | | | 21|records to the court or juvenile justice system for purposes of | | | 22|determining the ability of the juvenile justice system to | | | 23|effectively serve a child. Any disclosure of educational records | | | 24|shall be in accordance with the requirements of the Family | | | Req. No. 11025 Page 11 ___________________________________________________________________________
1|Educational Rights and Privacy Act of 1974 (FERPA). If the parent, | | | 2|guardian, or custodian of a child adjudicated a delinquent child | | | 3|asserts that the child has approval not to attend school pursuant to | | | 4|Section 10-105 of Title 70 of the Oklahoma Statutes, the court or | | | 5|the Office of Juvenile Affairs may require the parent to provide a | | | 6|copy of the written, joint agreement to that effect between the | | | 7|school administrator of the school district where the child attends | | | 8|school and the parent, guardian, or custodian of the child. | | | 9| C. With respect to a child adjudicated a delinquent child for a | | | 10|violent offense, within thirty (30) days of the date of the | | | 11|adjudication either the juvenile bureau in counties which have a | | | 12|juvenile bureau or the Office of Juvenile Affairs in all other | | | 13|counties shall notify the superintendent of the school district in | | | 14|which the child is enrolled or intends to enroll of the delinquency | | | 15|adjudication and the offense for which the child was adjudicated. | | | 16| D. No child who has been adjudicated in need of supervision may | | | 17|be placed in a secure facility. | | | 18| E. No child charged in a state or municipal court with a | | | 19|violation of state or municipal traffic laws or ordinances, or | | | 20|convicted therefor, may be incarcerated in jail for the violation | | | 21|unless the charge for which the arrest was made would constitute a | | | 22|felony if the child were an adult. Nothing contained in this | | | 23|subsection shall prohibit the detention of a juvenile for | | | 24|traffic-related offenses prior to the filing of a petition in the | | | Req. No. 11025 Page 12 ___________________________________________________________________________
1|district court alleging delinquency as a result of the acts and | | | 2|nothing contained in this section shall prohibit detaining a | | | 3|juvenile pursuant to Section 2-2-102 of this title. | | | 4| F. The court may revoke or modify a disposition order and may | | | 5|order redisposition. The child whose disposition is being | | | 6|considered for revocation or modification at said hearing shall be | | | 7|afforded the following rights: | | | 8| 1. Notice by the filing of a motion for redisposition by the | | | 9|district attorney. The motion shall be served on the child and the | | | 10|parent or legal guardian of the child at least five (5) business | | | 11|days prior to the hearing; | | | 12| 2. The proceedings shall be heard without a jury and shall | | | 13|require establishment of the facts alleged by a preponderance of the | | | 14|evidence; | | | 15| 3. During the proceeding, the child shall have the right to be | | | 16|represented by counsel, to present evidence, and to confront any | | | 17|witness testifying against the child; | | | 18| 4. Any modification, revocation or redisposition removing the | | | 19|child from the physical custody of a parent or guardian shall be | | | 20|subject to review on appeal, as in other appeals of delinquent | | | 21|cases; | | | 22| 5. If the child is placed in secure detention, bail may be | | | 23|allowed pending appeal; and | | | 24| | | | Req. No. 11025 Page 13 ___________________________________________________________________________
1| 6. The court shall not enter an order removing the child from | | | 2|the custody of a parent or legal guardian pursuant to this section | | | 3|unless the court first finds that reasonable efforts have been made | | | 4|to maintain the family unit and prevent the unnecessary removal of | | | 5|the child from the home of the child or that an emergency exists | | | 6|which threatens the safety of the child and that: | | | 7| a. such removal is necessary to protect the public, | | | 8| b. the child is likely to sustain harm if not | | | 9| immediately removed from the home, | | | 10| c. allowing the child to remain in the home is contrary | | | 11| to the welfare of the child, or | | | 12| d. immediate placement of the child is in the best | | | 13| interests of the child. | | | 14| The court shall state in the record that such considerations | | | 15|have been made. Nothing in this section shall be interpreted to | | | 16|limit the authority or discretion of the agency providing probation | | | 17|supervision services to modify the terms of probation including, but | | | 18|not limited to, curfews, imposing community service, or any | | | 19|nondetention consequences. | | | 20| G. A willful violation of any provision of an order of the | | | 21|court issued under the provisions of the Oklahoma Juvenile Code | | | 22|shall constitute indirect contempt of court and shall be punishable | | | 23|by a fine not to exceed Three Hundred Dollars ($300.00) or, as to a | | | 24| | | | Req. No. 11025 Page 14 ___________________________________________________________________________
1|delinquent child, placement in a juvenile detention center for not | | | 2|more than ten (10) days, or by both such fine and detention. | | | 3| Notwithstanding the provisions of this subsection, a child shall | | | 4|not be placed into detention for a violation of a valid court order | | | 5|that compels them to attend school. | | | 6| SECTION 2. AMENDATORY 70 O.S. 2021, Section 10-105, as | | | 7|amended by Section 1, Chapter 128, O.S.L. 2024 (70 O.S. Supp. 2024, | | | 8|Section 10-105), is amended to read as follows: | | | 9| Section 10-105. A. It shall be unlawful for a parent, | | | 10|guardian, or other person having custody of a child who is over the | | | 11|age of five (5) years, and under the age of eighteen (18) years, to | | | 12|neglect or refuse to cause or compel the child to attend and comply | | | 13|with the rules of some public, private, or other school, unless | | | 14|other means of education are provided for the full term the schools | | | 15|of the district are in session or the child is excused as provided | | | 16|in this section. One-half (1/2) day of kindergarten shall be | | | 17|required of all children five (5) years of age or older unless the | | | 18|child is excused from kindergarten attendance as provided in this | | | 19|section. A child who is five (5) years of age shall be excused from | | | 20|kindergarten attendance until the next school year after the child | | | 21|is six (6) years of age if a parent, guardian, or other person | | | 22|having custody of the child notifies the superintendent of the | | | 23|district where the child is a resident by certified mail prior to | | | 24|enrollment in kindergarten, or at any time during the first school | | | Req. No. 11025 Page 15 ___________________________________________________________________________
1|year that the child is required to attend kindergarten pursuant to | | | 2|this section, of election to withhold the child from kindergarten | | | 3|until the next school year after the child is six (6) years of age. | | | 4|A kindergarten program shall be directed toward developmentally | | | 5|appropriate objectives for such children. The program shall require | | | 6|that any teacher employed on and after January 1, 1993, to teach a | | | 7|kindergarten program within the public school system shall be | | | 8|certified in early childhood education. All teachers hired to teach | | | 9|a kindergarten program within the public school system prior to | | | 10|January 1, 1993, shall be required to obtain certification in early | | | 11|childhood education on or before the 1996-97 school year in order to | | | 12|continue to teach a kindergarten program. | | | 13| B. It shall be unlawful for any child who is over the age of | | | 14|twelve (12) years and under the age of eighteen (18) years, and who | | | 15|has not finished four (4) years of high school work, to neglect or | | | 16|refuse to attend and comply with the rules of some public, private, | | | 17|or other school, or receive an education by other means for the full | | | 18|term the schools of the district are in session. | | | 19| Provided, that this section shall not apply: | | | 20| 1. If any child is prevented from attending school by reason of | | | 21|mental or physical disability, to be determined by the board of | | | 22|education of the district upon a certificate of the school physician | | | 23|or public health physician, or, if no such physician is available, a | | | 24|duly licensed and practicing physician; | | | Req. No. 11025 Page 16 ___________________________________________________________________________
1| 2. If any child is excused from attendance at school, due to an | | | 2|emergency, by the principal teacher of the school in which the child | | | 3|is enrolled, at the request of the parent, guardian, custodian, or | | | 4|other person having custody of the child; | | | 5| 3. If any child who has attained his or her sixteenth birthday | | | 6|is excused from attending school by written, joint agreement | | | 7|between: | | | 8| a. the school administrator of the school district where | | | 9| the child attends school, and | | | 10| b. the parent, guardian, or custodian of the child. | | | 11| Provided, further, that no child shall be excused from | | | 12| attending school by the joint agreement between a | | | 13| school administrator and the parent, guardian, or | | | 14| custodian of the child unless and until it has been | | | 15| determined that the action is for the best interest of | | | 16| the child and/or the community, and that the child | | | 17| shall thereafter be under the supervision of the | | | 18| parent, guardian, or custodian until the child has | | | 19| reached the age of eighteen (18) years; | | | 20| 4. If any child is excused from attending school for the | | | 21|purpose of observing religious holy days if before the absence, the | | | 22|parent, guardian, or other person having custody or control of the | | | 23|child submits a written request for the excused absence. The school | | | 24|district shall excuse a child pursuant to this subsection for the | | | Req. No. 11025 Page 17 ___________________________________________________________________________
1|days on which the religious holy days are observed and for the days | | | 2|on which the child must travel to and from the site where the child | | | 3|will observe the holy days; | | | 4| 5. If any child is excused from attending school for the | | | 5|purpose of participating in a military funeral honors ceremony upon | | | 6|approval of the school principal; or | | | 7| 6. If any child is excused from attending school for the | | | 8|purpose of receiving speech therapy, occupational therapy, or any | | | 9|other service related to the child's individualized education | | | 10|program developed pursuant to the Individuals with Disabilities | | | 11|Education Act and the parent, guardian, or other person having | | | 12|custody or control of the child submits a written request for the | | | 13|excused absence. The school district shall excuse the child | | | 14|pursuant to this subsection upon receipt of documentation from the | | | 15|provider of the therapy or other service. | | | 16| C. It shall be the duty of the attendance officer to enforce | | | 17|the provisions of this section. In the prosecution of a parent, | | | 18|guardian, or other person having custody of a child for violation of | | | 19|any provision of this section, it shall be an affirmative defense | | | 20|that the parent, guardian, or other person having custody of the | | | 21|child has made substantial and reasonable efforts to comply with the | | | 22|compulsory attendance requirements of this section but is unable to | | | 23|cause the child to attend school. If the court determines the | | | 24|affirmative defense is valid, it shall dismiss the complaint against | | | Req. No. 11025 Page 18 ___________________________________________________________________________
1|the parent, guardian, or other person having custody of the child | | | 2|and shall notify the school attendance officer who shall refer the | | | 3|child to the district attorney for the county in which the child | | | 4|resides for the filing of a Child in Need of Supervision petition | | | 5|against the child pursuant to the Oklahoma Juvenile Code. | | | 6| D. Any parent, guardian, custodian, child, or other person | | | 7|violating any of the provisions of this section, upon conviction, | | | 8|shall be guilty of a misdemeanor offense of educational neglect, and | | | 9|shall be punished as follows: | | | 10| 1. For the first offense, a fine not less than Twenty-five | | | 11|Dollars ($25.00) nor more than Fifty Dollars ($50.00), or | | | 12|imprisonment for not more than five (5) days, or both such fine and | | | 13|imprisonment; | | | 14| 2. For the second offense, a fine not less than Fifty Dollars | | | 15|($50.00) nor more than One Hundred Dollars ($100.00), or | | | 16|imprisonment for not more than ten (10) days, or both such fine and | | | 17|imprisonment; and | | | 18| 3. For the third or subsequent offense, a fine not less than | | | 19|One Hundred Dollars ($100.00) nor more than Two Hundred Fifty | | | 20|Dollars ($250.00), or imprisonment for not more than fifteen (15) | | | 21|days, or both such fine and imprisonment. | | | 22| Each day the child remains out of school after an oral and | | | 23|documented or written warning has been given to the parent, | | | 24|guardian, custodian, child, or other person or the child has been | | | Req. No. 11025 Page 19 ___________________________________________________________________________
1|ordered to school by the juvenile court shall constitute a separate | | | 2|offense. | | | 3| E. At the trial of any person charged with violating the | | | 4|provisions of this section, the attendance records of the child or | | | 5|ward may be presented in court by any authorized employee of the | | | 6|school district. | | | 7| F. The court may order the parent, guardian, or other person | | | 8|having custody of the child to perform community service in lieu of | | | 9|the fine set forth in this section. The court may require that all | | | 10|or part of the community service be performed for a public school | | | 11|district. | | | 12| G. The court may order as a condition of a deferred sentence or | | | 13|as a condition of sentence upon conviction of the parent, guardian, | | | 14|or other person having custody of the child any conditions as the | | | 15|court considers necessary to obtain compliance with school | | | 16|attendance requirements. The conditions may include, but are not | | | 17|limited to, the following: | | | 18| 1. Verifying attendance of the child with the school; | | | 19| 2. Attending meetings with school officials; | | | 20| 3. Taking the child to school; | | | 21| 4. Taking the child to the bus stop; | | | 22| 5. Attending school with the child; | | | 23| 6. Undergoing an evaluation for drug, alcohol, or other | | | 24| | | | Req. No. 11025 Page 20 ___________________________________________________________________________
1|substance abuse and following the recommendations of the evaluator; | | | 2|and | | | 3| 7. Taking the child for drug, alcohol, or other substance abuse | | | 4|evaluation and following the recommendations of the evaluator, | | | 5|unless excused by the court. | | | 6| H. Upon successful completion of the conditions of a deferred | | | 7|sentence or a condition of sentence upon conviction set out in | | | 8|subsection G of this section, and upon a determination by the court | | | 9|that the child has been in substantial compliance with school | | | 10|attendance requirements set out in this section, any fine imposed | | | 11|under subsection D of this section shall be waived. | | | 12| SECTION 3. AMENDATORY 70 O.S. 2021, Section 10-106, is | | | 13|amended to read as follows: | | | 14| Section 10-106. A. It shall be the duty of the principal or | | | 15|head teacher of each public, private or other school in the State of | | | 16|Oklahoma to keep a full and complete record of the attendance of all | | | 17|children at such school and to notify the attendance officer of the | | | 18|district in which such school is located of the absence of such | | | 19|children from the school together with the causes thereof, if known; | | | 20|and it shall be the duty of any parent, guardian or other person | | | 21|having charge of any child of compulsory attendance age to notify | | | 22|the child's teacher concerning the cause of any absences of such | | | 23|child. It shall be the duty of the principal or head teacher to | | | 24|notify the parent, guardian or responsible person of the absence of | | | Req. No. 11025 Page 21 ___________________________________________________________________________
1|the child for any part of the school day, unless the parent, | | | 2|guardian or other responsible person notifies the principal or head | | | 3|teacher of such absence. Such attendance officer and teacher shall | | | 4|be required to report to the school health officer all absences on | | | 5|account of illness with such information respecting the same as may | | | 6|be available by report or investigation; and the attendance officer | | | 7|shall, if justified by the circumstances, promptly give to the | | | 8|parent, guardian or custodian of any child who has not complied with | | | 9|the provisions of this article oral and documented or written | | | 10|warning to the last-known address of such person that the attendance | | | 11|of such child is required at some public, private or other school as | | | 12|herein provided. If within five (5) days after the warning has been | | | 13|received, the parent, guardian or custodian of such child does not | | | 14|comply with the provisions of this article, then such attendance | | | 15|officer shall make complaint against the parent, guardian or | | | 16|custodian of such child in a court of competent jurisdiction for | | | 17|such violation, which violation shall be a misdemeanor. If a child | | | 18|is absent without valid excuse four (4) or more days or parts of | | | 19|days within a four-week period or is absent without valid excuse for | | | 20|ten (10) or more days or parts of days within a semester, the | | | 21|attendance officer shall notify the parent, guardian or custodian of | | | 22|the child and immediately report such absences to the district | | | 23|attorney in the county wherein the school is located for juvenile | | | 24|proceedings pursuant to Title 10A of the Oklahoma Statutes. | | | Req. No. 11025 Page 22 ___________________________________________________________________________
1| B. When a student accumulates five (5) days of unexcused | | | 2|absences, the school administrator or attendance officer shall | | | 3|serve, or cause to be served, upon the parent, guardian, or other | | | 4|person having custody of a child subject to compulsory attendance | | | 5|who is unlawfully absent from school, written notice that the | | | 6|child's attendance at school is required by law. The school | | | 7|administrator or attendance officer shall send a new notice after | | | 8|each successive accumulation of five (5) unexcused absences. | | | 9| 1. After the child has accumulated five (5) unexcused absences, | | | 10|and after given adequate time, as determined by a school | | | 11|administrator or attendance officer, the child's parent, guardian, | | | 12|or other person having custody of the child has failed to turn in | | | 13|documentation to excuse those absences, the director of schools or | | | 14|attendance supervisor shall implement the first tier of the | | | 15|progressive truancy intervention requirements as described in | | | 16|subsections C and D of this section; | | | 17| 2. Nothing in this section shall prohibit a local board of | | | 18|education from adopting a truancy intervention plan that includes | | | 19|intervention actions to be taken before the actions required by this | | | 20|subsection; | | | 21| C. On or before November 1, 2025, every school district | | | 22|superintendent shall devise and recommend a progressive truancy | | | 23|intervention plan for students who violate compulsory attendance | | | 24|requirements prior to the filing of a truancy petition or a criminal | | | Req. No. 11025 Page 23 ___________________________________________________________________________
1|prosecution for educational neglect. These interventions shall be | | | 2|designed to address student conduct related to truancy in the school | | | 3|setting and minimize the need for referrals to district court. Each | | | 4|local board of education shall adopt the recommended truancy | | | 5|intervention plan presented by the district superintendent. | | | 6| D. Progressive truancy intervention plans adopted by local | | | 7|boards of education pursuant to subsection C of this section shall | | | 8|be applied prior to referral to a district court as described in | | | 9|Section 10-105 of this title. Progressive truancy intervention | | | 10|plans shall meet the following requirements: | | | 11| 1. Tier one of the progressive truancy intervention plan shall | | | 12|include, at a minimum: | | | 13| a. a conference involving, the student, the parent, | | | 14| guardian, or other person having custody of the | | | 15| student, a representative of the school, and a teacher | | | 16| of the student. If the student is served under an | | | 17| Individualized Education Program (IEP), the student's | | | 18| special education teacher or a representative of the | | | 19| school or district's special education services shall | | | 20| also be in attendance. If a student is homeless, as | | | 21| defined under the McKinney-Vento Homeless Assistance | | | 22| Act, the district's designated homeless liaison or a | | | 23| representative shall also be in attendance, | | | 24| | | | Req. No. 11025 Page 24 ___________________________________________________________________________
1| b. a resulting attendance contract to be signed by the | | | 2| student, the parent, guardian, or other person having | | | 3| custody of the student, and an attendance supervisor | | | 4| or designee. The contract shall include: | | | 5| (1) a specific description of the school's | | | 6| attendance expectations for the student, | | | 7| (2) the period for which the contract is in effect, | | | 8| and | | | 9| (3) penalties for additional absences and alleged | | | 10| school offenses, including additional | | | 11| disciplinary action, and | | | 12| c. regularly scheduled follow-up meetings, involving the | | | 13| student, the parent, guardian, or other person having | | | 14| custody of the student, a representative of the | | | 15| school, and a teacher of the student to discuss the | | | 16| student's progress. If the student is served under an | | | 17| Individualized Education Program (IEP), the student's | | | 18| special education teacher or a representative of the | | | 19| school or district's special education services shall | | | 20| also be in attendance. If a student is homeless, as | | | 21| defined under the McKinney-Vento Homeless Assistance | | | 22| Act, the district's designated homeless liaison or a | | | 23| representative shall also be in attendance. | | | 24| | | | Req. No. 11025 Page 25 ___________________________________________________________________________
1| 2. Tier two shall be implemented upon a student's accumulation | | | 2|of additional unexcused absences in violation of the attendance | | | 3|contract required under tier one. Tier two shall include an | | | 4|individualized assessment by a school employee of the reasons a | | | 5|student has been absent from school, and if necessary, referral of | | | 6|the child, the parent or guardian, or both to counseling, | | | 7|community-based services, or other in-school or out-of-school | | | 8|services aimed at addressing the student's attendance problems; and | | | 9| 3. Tier three shall be implemented if the truancy interventions | | | 10|under tier two are unsuccessful. Tier three may consist of one (1) | | | 11|or more of the following: | | | 12| a. school-based community services; | | | 13| b. participation in a school-based restorative justice | | | 14| program; and | | | 15| c. Saturday or after school courses designed to improve | | | 16| attendance and behavior. | | | 17| E. In-school suspension or out-of-school suspension shall not | | | 18|be used as part of the progressive truancy intervention plans | | | 19|adopted by school districts for unexcused absences from class or | | | 20|school. | | | 21| F. 1. Notwithstanding subsections D and G of this section, if | | | 22|any tier of a progressive truancy intervention plan is unsuccessful | | | 23|with a student and the school can document that the student's parent | | | 24|or guardian is unwilling to cooperate in the truancy intervention | | | Req. No. 11025 Page 26 ___________________________________________________________________________
1|plan, then the district superintendent or attendance officer may | | | 2|report the student's absences to the appropriate judge pursuant to | | | 3|subsection G of this section without first having to implement | | | 4|subsequent tiers, if any; | | | 5| 2. For purposes of this subsection, evidence of a parent's or | | | 6|guardian's unwillingness to cooperate in the truancy intervention | | | 7|plan includes, but is not limited to, a parent's or guardian's | | | 8|failure or refusal, on multiple occasions, to attend conferences, | | | 9|return telephone calls, attend follow-up meetings, enter into an | | | 10|attendance contract, or actively participate in any of the tiers of | | | 11|intervention outlined in subsection D of this section or in the | | | 12|local board of education's progressive truancy intervention plan. | | | 13| G. If a local education agency (LEA) has applied a progressive | | | 14|truancy intervention plan that complies with subsection D of this | | | 15|section, and interventions under the plan have failed to | | | 16|meaningfully address the student's school attendance, the district | | | 17|superintendent, after written notice to the parent, guardian, or | | | 18|other person having legal custody of the student, may report the | | | 19|parent or guardian of the student, who is unlawfully absent from | | | 20|school, to the appropriate court in the county or to the Department | | | 21|of Human Services or both. | | | 22| H. Each referral to district court for conduct described in | | | 23|subsection G of this section shall be accompanied by a statement | | | 24| | | | Req. No. 11025 Page 27 ___________________________________________________________________________
1|from the student's school, supported by appropriate documentation, | | | 2|certifying that: | | | 3| 1. The school applied the progressive truancy intervention plan | | | 4|adopted under subsection D for the student; and | | | 5| 2. The progressive truancy interventions failed to meaningfully | | | 6|address the student's school attendance. | | | 7| I. A court shall dismiss a complaint or referral made by an LEA | | | 8|under this section that is not made in compliance with subsection H | | | 9|of this section. | | | 10| SECTION 4. This act shall become effective July 1, 2025. | | | 11| SECTION 5. It being immediately necessary for the preservation | | | 12|of the public peace, health or safety, an emergency is hereby | | | 13|declared to exist, by reason whereof this act shall take effect and | | | 14|be in full force from and after its passage and approval. | | | 15| | | | 16| 60-1-11025 SW 12/19/24 | | | 17| | | | 18| | | | 19| | | | 20| | | | 21| | | | 22| | | | 23| | | | 24| | | | Req. No. 11025 Page 28