1| HOUSE OF REPRESENTATIVES - FLOOR VERSION |
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2| STATE OF OKLAHOMA |
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3| 1st Session of the 59th Legislature (2023) |
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4|HOUSE BILL 2050 By: Hardin of the House |
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5| and |
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6| Pemberton of the Senate |
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7| |
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8| |
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9| AS INTRODUCED |
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10| An Act relating to schools; amending 70 O.S. 2021, |
| Section 10-105, which relates to school attendance; |
11| requiring compulsory school attendance for certain |
| students who are eighteen years of age; providing |
12| exceptions; prescribing punishment for violations; |
| and 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 10-105, is |
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18|amended to read as follows: |
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19| Section 10-105. A. It shall be unlawful for a parent, |
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20|guardian, or other person having custody of a child who is over the |
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21|age of five (5) years, and under the age of eighteen (18) years, to |
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22|neglect or refuse to cause or compel such child to attend and comply |
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23|with the rules of some public, private or other school, unless other |
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24|means of education are provided for the full term the schools of the |
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1|district are in session or the child is excused as provided in this |
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2|section. One-half (1/2) day of kindergarten shall be required of |
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3|all children five (5) years of age or older unless the child is |
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4|excused from kindergarten attendance as provided in this section. A |
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5|child who is five (5) years of age shall be excused from |
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6|kindergarten attendance until the next school year after the child |
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7|is six (6) years of age if a parent, guardian, or other person |
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8|having custody of the child notifies the superintendent of the |
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9|district where the child is a resident by certified mail prior to |
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10|enrollment in kindergarten, or at any time during the first school |
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11|year that the child is required to attend kindergarten pursuant to |
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12|this section, of election to withhold the child from kindergarten |
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13|until the next school year after the child is six (6) years of age. |
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14|A kindergarten program shall be directed toward developmentally |
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15|appropriate objectives for such children. The program shall require |
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16|that any teacher employed on and after January 1, 1993, to teach a |
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17|kindergarten program within the public school system shall be |
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18|certified in early childhood education. All teachers hired to teach |
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19|a kindergarten program within the public school system prior to |
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20|January 1, 1993, shall be required to obtain certification in early |
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21|childhood education on or before the 1996-97 school year in order to |
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22|continue to teach a kindergarten program. |
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23| B. It shall be unlawful for any child who is over the age of |
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24|twelve (12) years and under the age of eighteen (18) years, and who |
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1|has not finished completed four (4) years of high school work, to |
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2|neglect or refuse to attend and comply with the rules of some |
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3|public, private or other school, or receive an education by other |
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4|means for the full term the schools of the district are in session. |
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5| Provided, that this section subsection shall not apply: |
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6| 1. If any child is prevented from attending school by reason of |
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7|mental or physical disability, to be determined by the board of |
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8|education of the district upon a certificate of the school physician |
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9|or public health physician, or, if no such physician is available, a |
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10|duly licensed and practicing physician; |
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11| 2. If any child is excused from attendance at attending school, |
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12|due to an emergency, by the principal teacher of the school in which |
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13|such child is enrolled, at the request of the parent, guardian, |
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14|custodian or other person having control of such child; |
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15| 3. If any child who has attained his or her sixteenth birthday |
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16|is excused from attending school by written, joint agreement |
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17|between: |
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18| a. the school administrator of the school district where |
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19| the child attends school, and |
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20| b. the parent, guardian or custodian of the child. |
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21| Provided, further, that no child shall be excused from |
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22| attending school by such joint agreement between a |
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23| school administrator and the parent, guardian or |
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24| custodian of the child unless and until it has been |
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1| determined that such action is for the best interest |
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2| of the child and/or the community, and that said child |
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3| shall thereafter be under the supervision of the |
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4| parent, guardian or custodian until the child has |
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5| reached the age of eighteen (18) years; |
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6| 4. If any child is excused from attending school for the |
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7|purpose of observing religious holy days if, before the absence, the |
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8|parent, guardian, or person having custody or control of the student |
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9|child submits a written request for the excused absence. The school |
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10|district shall excuse a student child pursuant to this subsection |
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11|paragraph for the days on which the religious holy days are observed |
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12|and for the days on which the student child must travel to and from |
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13|the site where the student will observe the holy days; or |
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14| 5. If any child is excused from attending school for the |
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15|purpose of participating in a military funeral honors ceremony upon |
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16|approval of the school principal. |
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17| C. It shall be unlawful for any student who is eighteen (18) |
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18|years of age, and who has not completed four (4) years of high |
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19|school work, to neglect or refuse to attend and comply with the |
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20|rules of some public, private, or other school, or receive an |
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21|education by other means for the full term the schools of the |
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22|district are in session. |
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23| Provided, that this subsection shall not apply: |
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24| |
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1| 1. If any student is prevented from attending school by reason |
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2|of 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 physician is available, a duly |
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5|licensed and practicing physician; |
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6| 2. If any student is excused from attending school, due to an |
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7|emergency, by the administrator of the school where the student is |
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8|enrolled; |
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9| 3. If any student who has attained his or her eighteenth |
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10|birthday is excused from attending school by written, joint |
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11|agreement between: |
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12| a. the school administrator of the school district where |
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13| the student attends school, and |
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14| b. the student; |
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15| 4. If any student is excused from attending school for the |
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16|purpose of observing religious holy days if, before the absence, the |
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17|student submits a written request for the excused absence. The |
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18|school district shall excuse a student pursuant to this paragraph |
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19|for the days on which the religious holy days are observed and for |
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20|the days on which the student must travel to and from the site where |
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21|the student will observe the holy days; or |
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22| 5. If any student is excused from attending school for the |
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23|purpose of participating in a military funeral honors ceremony upon |
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24|approval of the school principal. |
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1| D. It shall be the duty of the attendance officer to enforce |
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2|the provisions of this section. In the prosecution of a parent, |
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3|guardian, or other person having custody of a child for violation of |
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4|any provision subsection A or B of this section, it shall be an |
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5|affirmative defense that the parent, guardian, or other person |
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6|having custody of the child has made substantial and reasonable |
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7|efforts to comply with the compulsory attendance requirements of |
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8|this section but is unable to cause the child to attend school. If |
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9|the court determines the affirmative defense is valid, it shall |
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10|dismiss the complaint against the parent, guardian, or other person |
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11|having custody of the child and shall notify the school attendance |
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12|officer who shall refer the child to the district attorney for the |
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13|county in which the child resides for the filing of a Child in Need |
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14|of Supervision petition against the child pursuant to the Oklahoma |
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15|Juvenile Code. |
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16| D. E. Any parent, guardian, custodian, student who is eighteen |
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17|(18) years of age, child or other person violating any of the |
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18|provisions of this section, upon conviction, shall be guilty of a |
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19|misdemeanor, and shall be punished as follows: |
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20| 1. For the first offense, a fine of not less than Twenty-five |
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21|Dollars ($25.00) nor more than Fifty Dollars ($50.00), or |
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22|imprisonment for not more than five (5) days, or both such fine and |
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23|imprisonment; |
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24| |
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1| 2. For the second offense, a fine of not less than Fifty |
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2|Dollars ($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 of 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 or student remains out of school after the |
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10|oral and documented or written warning has been given to the parent, |
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11|guardian, custodian, student, child or other person or the child has |
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12|been ordered to school by the juvenile court shall constitute a |
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13|separate offense. |
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14| E. F. At the trial of any person charged with violating the |
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15|provisions of this section, the attendance records of the student |
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16|who is eighteen (18) years of age, child, or ward may be presented |
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17|in court by any authorized employee of the school district. |
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18| F. G. The court may order the student who is eighteen (18) |
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19|years of age, parent, guardian, or other person having custody of |
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20|the child to perform community service in lieu of the fine set forth |
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21|in this section. The court may require that all or part of the |
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22|community service be performed for a public school district. |
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23| G. H. The court may order as a condition of a deferred sentence |
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24|or as a condition of sentence upon conviction of the student who is |
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1|eighteen (18) years of age, parent, guardian, or other person having |
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2|custody of the child any conditions as the court considers necessary |
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3|to obtain compliance with school attendance requirements. The |
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4|conditions may include, but are not 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 or the bus stop; |
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8| 4. Taking the child to the bus stop Attending school if the |
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9|student is eighteen (18) years of age; |
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10| 5. Attending school with the child; |
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11| 6. Undergoing an evaluation for drug, alcohol, or other |
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12|substance abuse and following the recommendations of the evaluator; |
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13|and |
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14| 7. Taking the child for Transporting to or attending drug, |
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15|alcohol, or other substance abuse evaluation and following the |
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16|recommendations of the evaluator, unless excused by the court. |
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17| SECTION 2. 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|COMMITTEE REPORT BY: COMMITTEE ON COMMON EDUCATION, dated 03/01/2023 |
|- DO PASS, As Coauthored. |
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