1| STATE OF OKLAHOMA |
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2| 1st Session of the 60th Legislature (2025) |
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3|HOUSE BILL 1144 By: Rosecrants |
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4| |
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5| |
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6| AS INTRODUCED |
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7| An Act relating to schools; amending 70 O.S. 2021, |
| Sections 1-111, as last amended by Section 1, Chapter |
8| 4, O.S.L. 2024, and 10-105, as amended by Section 1, |
| Chapter 128, O.S.L. 2024 (70 O.S. Supp. 2024, |
9| Sections 1-111 and 10-105), which relate to |
| attendance; allowing an excused absence for mental |
10| health; authorizing one day per semester for mental |
| health absences; making documentation optional; |
11| exempting a certain amount of mental health excused |
| absences from compulsory attendance requirement; |
12| clarifying valid excuse application for attendance |
| recording purposes; providing an effective date; and |
13| declaring an emergency. |
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14| |
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15| |
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16|BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA: |
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17| SECTION 1. AMENDATORY 70 O.S. 2021, Section 1-111, as |
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18|last amended by Section 1, Chapter 4, O.S.L. 2024 (70 O.S. Supp. |
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19|2024, Section 1-111), is amended to read as follows: |
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20| Section 1-111. A. Except as otherwise provided for by law, a |
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21|school day shall consist of not less than six (6) hours devoted to |
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22|school activities. A district board of education may elect to |
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23|extend the length of one (1) or more school days to more than six |
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24|(6) hours and reduce the number of school days as long as the total |
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1|amount of classroom instruction time is not less than one thousand |
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2|eighty (1,080) hours per year as required pursuant to Section 1-109 |
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3|of this title. |
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4| B. A school day for nursery, early childhood education, |
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5|kindergarten, and alternative education programs shall be as |
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6|otherwise defined by law or as defined by the State Board of |
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7|Education. Except as otherwise provided for in this subsection, not |
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8|more than one (1) school day shall be counted for attendance |
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9|purposes in any twenty-four-hour period. Two (2) school days, each |
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10|consisting of not less than six (6) hours, may be counted for |
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11|attendance purposes in any twenty-four-hour period only if one of |
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12|the school days is for the purpose of parent-teacher conferences |
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13|held as provided for in Section 1-109 of this title. |
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14| C. Except as provided in subsection D of this section, students |
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15|absent from school in which they are regularly enrolled may be |
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16|considered as being in attendance if the reason for such absence is |
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17|to participate in scheduled school activities under the direction |
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18|and supervision of a regular member of the faculty or to participate |
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19|in an online course approved by the district board of education. |
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20|The State Board of Education shall adopt rules to provide for the |
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21|implementation of supplemental online courses which shall include, |
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22|but not be limited to, provisions addressing the following: |
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23| 1. Criteria for student admissions eligibility; |
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24| |
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1| 2. A student admission process administered through the |
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2|district of residence, which provides the ability for the student to |
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3|enroll in individual courses; |
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4| 3. A process by which students are not denied the opportunity |
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5|to enroll in educationally appropriate courses by school districts. |
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6|For the purposes of this section, "educationally appropriate" means |
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7|any instruction that is not substantially a repeat of a course or |
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8|portion of a course that the student has successfully completed, |
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9|regardless of the grade of the student, and regardless of whether a |
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10|course is similar to or identical to the instruction that is |
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11|currently offered in the school district; |
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12| 4. Creation of a system which provides ongoing enrollment |
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13|access for students throughout the school year; |
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14| 5. A grace period of fifteen (15) calendar days from the first |
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15|day of an online course for student withdrawal from an online course |
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16|without academic penalty; |
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17| 6. Mastery of competencies for course completion rather than |
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18|Carnegie units; |
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19| 7. Student participation in extracurricular activities in |
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20|accordance with school district eligibility rules and policies and |
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21|any rules and policies of a private organization or association |
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22|which provides the coordination, supervision, and regulation of the |
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23|interscholastic activities and contests of schools; |
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24| |
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1| 8. Parent authorization for release of state test results to |
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2|online course providers, on a form developed by the State Department |
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3|of Education; and |
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4| 9. A review process to identify and certify online course |
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5|providers and a uniform payment processing system. |
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6| D. Except as provided in paragraph 3 of this subsection, |
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7|students absent from school in which they are regularly enrolled |
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8|shall be given an excused absence if the reason for such absence is |
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9|to participate in scheduled 4-H activities or programs as approved |
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10|by the county 4-H educator. The number of excused absences allowed |
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11|pursuant to this subsection shall be subject to the attendance |
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12|policy of the school district board of education. |
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13| 1. Upon request from a school principal or attendance officer, |
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14|a 4-H educator shall provide documentation as proof of student |
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15|participation in an activity or program sponsored by 4-H. |
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16| 2. Students shall be given the opportunity to make up any |
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17|schoolwork missed while they are participating in activities or |
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18|programs sponsored by 4-H. Students shall not have their class |
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19|grades adversely affected for lack of attendance or participation |
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20|due to their participation in activities or programs sponsored by |
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21|4-H. |
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22| 3. A school principal or his or her designee shall not credit a |
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23|student who participates in an activity or program sponsored by 4-H |
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24|with an excused absence if the participation occurs during: |
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1| a. the schedule established by the State Board of |
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2| Education for the administration of statewide student |
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3| assessments, or |
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4| b. any period of time for which the student has been |
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5| disciplined, suspended, or expelled, if the terms of |
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6| punishment would preclude the student from |
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7| participating in an educational field trip or |
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8| extracurricular activity. |
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9| E. Students absent from school in which they are regularly |
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10|enrolled shall be given an excused absence if the reason for such |
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11|absence is to support the mental health of the student. The number |
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12|of excused absences allowed pursuant to this subsection shall be one |
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13|(1) full school day per semester. Students and parents shall not be |
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14|required to provide any documentation in support of the student's |
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15|mental health day absence. |
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16| F. Each district board of education shall adopt policies and |
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17|procedures that conform to rules for online courses as adopted by |
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18|the State Board. Such policies shall include criteria for approval |
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19|of the course, the appropriateness of the course for a particular |
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20|student, authorization for full-time students to enroll in online |
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21|courses, and establishing fees or charges. No district shall be |
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22|liable for payment of any fees or charges for any online course for |
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23|a student who has not complied with the district's policies and |
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24|procedures. School districts shall not deny students the |
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1|opportunity to enroll in educationally appropriate courses and shall |
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2|provide an admissions process which includes input from the student, |
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3|the parent or legal guardian of the student, and school faculty. |
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4| F. G. Districts shall require students enrolled in online |
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5|courses to participate in the Oklahoma School Testing Program Act. |
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6|Students participating in online courses from a remote site will be |
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7|responsible for providing their own equipment and Internet access, |
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8|unless the district chooses to provide the equipment. Credit may |
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9|not be granted for such courses except upon approval of the State |
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10|Board of Education and the district board of education. |
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11| G. H. Nothing in this section shall prohibit a student who |
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12|transfers from the district in which the student resides to another |
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13|school district pursuant to the Education Open Transfer Act from |
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14|enrolling in a full-time virtual education program offered by the |
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15|receiving school district. A student who enrolls pursuant to this |
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16|subsection shall be subject to the provisions of Section 8-103.2 of |
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17|this title. The board of education of a school district with a |
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18|full-time virtual education program shall adopt a policy to |
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19|determine the number of transfer students the program has the |
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20|capacity to accept in each grade level, as provided for in Section |
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21|8-101.2 of this title. |
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22| H. I. Districts may provide students with opportunities for |
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23|blended instruction. "Blended instruction" shall mean a combination |
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24|of brick-and-mortar learning and virtual learning environments that |
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1|includes elements of a student's control over place, pace, and path |
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2|of learning. A student in blended instruction may work on virtual |
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3|courses at home or at school in a blended flex lab but shall |
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4|participate in at least one unit or set of competencies as defined |
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5|by Section 11-103.6 of this title at a physical school building in a |
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6|traditional classroom setting which is the academic equivalent of |
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7|one (1) hour per day for each instructional day in the school year |
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8|as defined by Section 1-109 of this title. |
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9| I. J. The school day for kindergarten may consist of six (6) |
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10|hours devoted to school activities. |
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11| SECTION 2. AMENDATORY 70 O.S. 2021, Section 10-105, as |
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12|amended by Section 1, Chapter 128, O.S.L. 2024 (70 O.S. Supp. 2024, |
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13|Section 10-105), is amended to read as follows: |
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14| Section 10-105. A. It shall be unlawful for a parent, |
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15|guardian, or other person having custody of a child who is over the |
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16|age of five (5) years, and under the age of eighteen (18) years, to |
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17|neglect or refuse to cause or compel the child to attend and comply |
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18|with the rules of some public, private, or other school, unless |
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19|other means of education are provided for the full term the schools |
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20|of the district are in session or the child is excused as provided |
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21|in this section. One-half (1/2) day of kindergarten shall be |
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22|required of all children five (5) years of age or older unless the |
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23|child is excused from kindergarten attendance as provided in this |
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24|section. A child who is five (5) years of age shall be excused from |
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1|kindergarten attendance until the next school year after the child |
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2|is six (6) years of age if a parent, guardian, or other person |
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3|having custody of the child notifies the superintendent of the |
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4|district where the child is a resident by certified mail prior to |
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5|enrollment in kindergarten, or at any time during the first school |
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6|year that the child is required to attend kindergarten pursuant to |
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7|this section, of election to withhold the child from kindergarten |
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8|until the next school year after the child is six (6) years of age. |
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9|A kindergarten program shall be directed toward developmentally |
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10|appropriate objectives for such children. The program shall require |
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11|that any teacher employed on and after January 1, 1993, to teach a |
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12|kindergarten program within the public school system shall be |
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13|certified in early childhood education. All teachers hired to teach |
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14|a kindergarten program within the public school system prior to |
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15|January 1, 1993, shall be required to obtain certification in early |
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16|childhood education on or before the 1996-97 school year in order to |
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17|continue to teach a kindergarten program. |
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18| B. It shall be unlawful for any child who is over the age of |
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19|twelve (12) years and under the age of eighteen (18) years, and who |
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20|has not finished four (4) years of high school work, to neglect or |
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21|refuse to attend and comply with the rules of some public, private, |
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22|or other school, or receive an education by other means for the full |
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23|term the schools of the district are in session. |
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24| Provided, that this section shall not apply: |
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1| 1. If any child is prevented from attending school by reason of |
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2|mental or physical disability, to be determined by the board of |
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3|education of the district upon a certificate of the school physician |
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4|or public health physician, or, if no such physician is available, a |
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5|duly licensed and practicing physician; |
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6| 2. If any child is excused from attendance at school, due to an |
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7|emergency, by the principal teacher of the school in which the child |
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8|is enrolled, at the request of the parent, guardian, custodian, or |
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9|other person having custody of the child; |
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10| 3. If any child who has attained his or her sixteenth birthday |
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11|is excused from attending school by written, joint agreement |
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12|between: |
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13| a. the school administrator of the school district where |
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14| the child attends school, and |
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15| b. the parent, guardian, or custodian of the child. |
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16| Provided, further, that no child shall be excused from |
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17| attending school by the joint agreement between a |
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18| school administrator and the parent, guardian, or |
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19| custodian of the child unless and until it has been |
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20| determined that the action is for the best interest of |
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21| the child and/or the community, and that the child |
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22| shall thereafter be under the supervision of the |
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23| parent, guardian, or custodian until the child has |
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24| reached the age of eighteen (18) years; |
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1| 4. If any child is excused from attending school for the |
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2|purpose of observing religious holy days if before the absence, the |
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3|parent, guardian, or other person having custody or control of the |
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4|child submits a written request for the excused absence. The school |
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5|district shall excuse a child pursuant to this subsection for the |
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6|days on which the religious holy days are observed and for the days |
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7|on which the child must travel to and from the site where the child |
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8|will observe the holy days; |
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9| 5. If any child is excused from attending school for the |
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10|purpose of participating in a military funeral honors ceremony upon |
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11|approval of the school principal; or |
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12| 6. If any child is excused from attending school for the |
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13|purpose of receiving speech therapy, occupational therapy, or any |
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14|other service related to the child's individualized education |
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15|program developed pursuant to the Individuals with Disabilities |
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16|Education Act and the parent, guardian, or other person having |
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17|custody or control of the child submits a written request for the |
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18|excused absence. The school district shall excuse the child |
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19|pursuant to this subsection upon receipt of documentation from the |
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20|provider of the therapy or other service; or |
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21| 7. If any child is excused from attending school for the |
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22|purpose of supporting the child's mental health. The school |
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23|district shall excuse the child pursuant to this subsection |
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24|regardless of whether the school received any documentation in |
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1|support of the absence. One (1) mental health day per semester |
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2|shall be considered a valid excuse for purposes of recording |
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3|attendance as provided for in Section 10-106 of this title. |
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4| C. It shall be the duty of the attendance officer to enforce |
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5|the provisions of this section. In the prosecution of a parent, |
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6|guardian, or other person having custody of a child for violation of |
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7|any provision of this section, it shall be an affirmative defense |
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8|that the parent, guardian, or other person having custody of the |
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9|child has made substantial and reasonable efforts to comply with the |
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10|compulsory attendance requirements of this section but is unable to |
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11|cause the child to attend school. If the court determines the |
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12|affirmative defense is valid, it shall dismiss the complaint against |
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13|the parent, guardian, or other person having custody of the child |
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14|and shall notify the school attendance officer who shall refer the |
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15|child to the district attorney for the county in which the child |
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16|resides for the filing of a Child in Need of Supervision petition |
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17|against the child pursuant to the Oklahoma Juvenile Code. |
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18| D. Any parent, guardian, custodian, child, or other person |
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19|violating any of the provisions of this section, upon conviction, |
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20|shall be guilty of a misdemeanor, and shall be punished as follows: |
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21| 1. For the first offense, a fine not less than Twenty-five |
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22|Dollars ($25.00) nor more than Fifty Dollars ($50.00), or |
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23|imprisonment for not more than five (5) days, or both such fine and |
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24|imprisonment; |
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1| 2. For the second offense, a fine not less than Fifty Dollars |
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2|($50.00) nor more than One Hundred Dollars ($100.00), or |
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3|imprisonment for not more than ten (10) days, or both such fine and |
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4|imprisonment; and |
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5| 3. For the third or subsequent offense, a fine not less than |
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6|One Hundred Dollars ($100.00) nor more than Two Hundred Fifty |
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7|Dollars ($250.00), or imprisonment for not more than fifteen (15) |
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8|days, or both such fine and imprisonment. |
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9| Each day the child remains out of school after an oral and |
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10|documented or written warning has been given to the parent, |
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11|guardian, custodian, child, or other person or the child has been |
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12|ordered to school by the juvenile court shall constitute a separate |
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13|offense. |
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14| E. At the trial of any person charged with violating the |
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15|provisions of this section, the attendance records of the child or |
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16|ward may be presented in court by any authorized employee of the |
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17|school district. |
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18| F. The court may order the parent, guardian, or other person |
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19|having custody of the child to perform community service in lieu of |
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20|the fine set forth in this section. The court may require that all |
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21|or part of the community service be performed for a public school |
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22|district. |
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23| G. The court may order as a condition of a deferred sentence or |
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24|as a condition of sentence upon conviction of the parent, guardian, |
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1|or other person having custody of the child any conditions as the |
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2|court considers necessary to obtain compliance with school |
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3|attendance requirements. The conditions may include, but are not |
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4|limited to, the following: |
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5| 1. Verifying attendance of the child with the school; |
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6| 2. Attending meetings with school officials; |
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7| 3. Taking the child to school; |
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8| 4. Taking the child to the bus stop; |
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9| 5. Attending school with the child; |
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10| 6. Undergoing an evaluation for drug, alcohol, or other |
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11|substance abuse and following the recommendations of the evaluator; |
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12|and |
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13| 7. Taking the child for drug, alcohol, or other substance abuse |
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14|evaluation and following the recommendations of the evaluator, |
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15|unless excused by the court. |
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16| SECTION 3. This act shall become effective July 1, 2025. |
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17| SECTION 4. It being immediately necessary for the preservation |
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18|of the public peace, health or safety, an emergency is hereby |
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19|declared to exist, by reason whereof this act shall take effect and |
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20|be in full force from and after its passage and approval. |
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21| |
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22| 60-1-11394 SW 01/11/25 |
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23| |
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24| |
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