BILL NO.
1527 By: Weaver, Treat, and Stephens of the Senate
and
Sterling,
Rosecrants, and Roe of the House
An Act relating to schools; amending
70 O.S. 2021, Section 10-105, which relates to school attendance; updating
statutory language; directing a school district to excuse the absence of a
child for the purpose of receiving certain therapy or other service related to
an individualized education program; requiring submission of written request
for excused absence; requiring documentation from provider; providing an effective
date; and declaring an emergency.
SUBJECT: Excused absence from school
BE IT ENACTED BY THE PEOPLE OF THE
STATE OF OKLAHOMA:
SECTION 1. AMENDATORY 70 O.S. 2021, Section 10-105, is amended
to read as follows:
Section
10-105. A. It shall be unlawful for a parent, guardian,
or other person having custody of a child who is over the age of five (5)
years, and under the age of eighteen (18) years, to neglect or refuse to cause
or compel such the child to attend and comply with the rules of
some public, private, or other school, unless other means of education
are provided for the full term the schools of the district are in session or
the child is excused as provided in this section. One-half (1/2) day of kindergarten shall be
required of all children five (5) years of age or older unless the child is
excused from kindergarten attendance as provided in this section. A child who is five (5) years of age shall be
excused from kindergarten attendance until the next school year after the child
is six (6) years of age if a parent, guardian, or other person having custody
of the child notifies the superintendent of the district where the child is a
resident by certified mail prior to enrollment in kindergarten, or at any time
during the first school year that the child is required to attend kindergarten
pursuant to this section, of election to withhold the child from kindergarten
until the next school year after the child is six (6) years of age. A kindergarten program shall be directed
toward developmentally appropriate objectives for such children. The program shall require that any teacher
employed on and after
B. It shall be unlawful for any child who is
over the age of twelve (12) years and under the age of eighteen (18) years, and
who has not finished four (4) years of high school work, to neglect or refuse
to attend and comply with the rules of some public, private, or other
school, or receive an education by other means for the full term the schools of
the district are in session.
Provided,
that this section shall not apply:
1. If any child is prevented from attending school
by reason of mental or physical disability, to be determined by the board of
education of the district upon a certificate of the school physician or public
health physician, or, if no such physician is available, a duly licensed and
practicing physician;
2. If any child is excused from attendance at
school, due to an emergency, by the principal teacher of the school in which such
the child is enrolled, at the request of the parent, guardian, custodian,
or other person having control custody of such the child;
3. If any child who has attained his or her
sixteenth birthday is excused from attending school by written, joint agreement
between:
a. the school administrator of the school
district where the child attends school, and
b. the parent, guardian, or custodian of
the child. Provided, further, that no
child shall be excused from attending school by such the joint
agreement between a school administrator and the parent, guardian, or
custodian of the child unless and until it has been determined that such
the action is for the best interest of the child and/or the community,
and that said the child shall thereafter be under the supervision
of the parent, guardian, or custodian until the child has reached the
age of eighteen (18) years;
4. If any child is excused from attending school
for the purpose of observing religious holy days if before the absence, the
parent, guardian, or other person having custody or control of the student
child submits a written request for the excused absence. The school district shall excuse a student
child pursuant to this subsection for the days on which the religious
holy days are observed and for the days on which the student child
must travel to and from the site where the student child will
observe the holy days; or
5. If any child is excused from attending school
for the purpose of participating in a military funeral honors ceremony upon
approval of the school principal; or
6. If any child is excused from attending school
for the purpose of receiving speech therapy, occupational therapy, or any other
service related to the child’s individualized education program developed
pursuant to the Individuals with Disabilities Education Act and the parent,
guardian, or other person having custody or control of the child submits a
written request for the excused absence.
The school district shall excuse the child pursuant to this subsection
upon receipt of documentation from the provider of the therapy or other service.
C. It shall be the duty of the attendance
officer to enforce the provisions of this section. In the prosecution of a parent, guardian, or
other person having custody of a child for violation of any provision of this section,
it shall be an affirmative defense that the parent, guardian, or other person
having custody of the child has made substantial and reasonable efforts to
comply with the compulsory attendance requirements of this section but is
unable to cause the child to attend school.
If the court determines the affirmative defense is valid, it shall
dismiss the complaint against the parent, guardian, or other person having
custody of the child and shall notify the school attendance officer who shall
refer the child to the district attorney for the county in which the child
resides for the filing of a Child in Need of Supervision petition against the
child pursuant to the Oklahoma Juvenile Code.
D. Any parent, guardian, custodian, child,
or other person violating any of the provisions of this section, upon
conviction, shall be guilty of a misdemeanor, and shall be punished as follows:
1. For the first offense, a fine of not
less than Twenty-five Dollars ($25.00) nor more than Fifty Dollars ($50.00), or
imprisonment for not more than five (5) days, or both such fine and
imprisonment;
2. For the second offense, a fine of not
less than Fifty Dollars ($50.00) nor more than One Hundred Dollars ($100.00),
or imprisonment for not more than ten (10) days, or both such fine and
imprisonment; and
3. For the third or subsequent offense, a fine of
not less than One Hundred Dollars ($100.00) nor more than Two Hundred Fifty
Dollars ($250.00), or imprisonment for not more than fifteen (15) days, or both
such fine and imprisonment.
Each
day the child remains out of school after the an oral and
documented or written warning has been given to the parent, guardian,
custodian, child, or other person or the child has been ordered to
school by the juvenile court shall constitute a separate offense.
E. At the trial of any person charged with
violating the provisions of this section, the attendance records of the child
or ward may be presented in court by any authorized employee of the school
district.
F. The court may order the parent, guardian, or
other person having custody of the child to perform community service in lieu
of the fine set forth in this section.
The court may require that all or part of the community service be
performed for a public school district.
G. The court may order as a condition of a
deferred sentence or as a condition of sentence upon conviction of the parent,
guardian, or other person having custody of the child any conditions as the
court considers necessary to obtain compliance with school attendance
requirements. The conditions may
include, but are not limited to, the following:
1. Verifying attendance of the child with the
school;
2. Attending meetings with school officials;
3. Taking the child to school;
4. Taking the child to the bus stop;
5. Attending school with the child;
6. Undergoing an evaluation for drug, alcohol,
or other substance abuse and following the recommendations of the evaluator;
and
7. Taking the child for drug, alcohol, or other
substance abuse evaluation and following the recommendations of the evaluator,
unless excused by the court.
SECTION
2. This act shall become effective July 1, 2024.
SECTION
3. It being immediately necessary for the
preservation of the public peace, health, or safety, an emergency is hereby declared
to exist, by reason whereof this act shall take effect and be in full force
from and after its passage and approval.
Passed the Senate the 13th day of February, 2024.
Presiding Officer of the Senate
Passed the House of Representatives the 17th day of April, 2024.
Presiding Officer of the House
of Representatives
OFFICE OF THE GOVERNOR
Received
by the Office of the Governor this ____________________ day of
___________________, 20_______, at _______ o'clock _______ M.
By: _________________________________
Approved
by the Governor of the State of Oklahoma this _________ day of
___________________, 20_______, at _______ o'clock _______ M.
_________________________________
Governor of the State of Oklahoma
OFFICE OF THE SECRETARY OF STATE
Received
by the Office of the Secretary of State this __________ day of
__________________, 20 _______, at _______ o'clock _______ M.
By: _________________________________