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STATE OF OKLAHOMA
1st Session of the 58th Legislature (2021)
HOUSE BILL 1761 By: Ranson
AS INTRODUCED
An Act relating to schools; amending 70 O.S. 2011,
Section 10-106, which relates to student attendance;
requiring adoption of student att endance policy for
students completing instructional activities; listing
provisions to include in the policy; defining term;
directing withdrawal for truancy if certain criteria
is not met; providing for notification of truancy;
mandating counting of stude nts for school funding
purposes; authorizing rule promulgation or policy
adoption; and providing an effective date .
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. AMENDATORY 70 O.S. 2011, Section 10 -106, is
amended to read as follows:
Section 10-106. A. It shall be the duty of the principal or
head teacher of each public, private or other school in the State of
Oklahoma to keep a full and complete record of the attendance of all
children at such schoo l and to notify the attendance officer of the
district in which such school is located of the absence of such
children from the school together with the causes thereof, if known;
and it shall be the duty of any parent, guardian or other person
having charge of any child of compulsory attendance age to notify
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the child's teacher concerning the cause of any absences of such
child. It shall be the duty of the principal or head teacher to
notify the parent, guardian or responsible person of the absence of
the child for any part of the school day, unless the parent,
guardian or other responsible person notifies the principal or head
teacher of such absence. Such attendance officer and teacher shall
be required to report to the school health officer all absences on
account of illness with such information respecting the same as may
be available by report or investigation; and the attendance officer
shall, if justified by the circumstances, promptly give to the
parent, guardian or custodian of any child who has no t complied with
the provisions of this article oral and documented or written
warning to the last-known address of such person that the attendance
of such child is required at some public, private or other school as
herein provided. If within five (5) day s after the warning has been
received, the parent, guardian or custodian of such child does not
comply with the provisions of this article, then such attendance
officer shall make complaint against the parent, guardian or
custodian of such child in a court of competent jurisdiction for
such violation, which violation shall be a misdemeanor. If Except
as provided in subsection B of this section, if a child is absent
without valid excuse four (4) or more days or parts of days within a
four-week period or is absent without valid excuse for ten (10) or
more days or parts of days within a semester, the attendance officer
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shall notify the parent, guardian or custodian of the child and
immediately report such absences to the district attorney in the
county wherein the school is located for juvenile proceedings
pursuant to Title 10A of the Oklahoma Statutes.
B. Beginning with the 2023 -2024 school year, the board of
education of a school district shall adopt an attendance policy
which reflects the ability of student s who are enrolled in the
school district to complete instructional activities while not
attending school in person. The attendance policy shall include the
following provisions:
1. The first date of attendance and membership shall be the
first date the student either attends school in person or completes
an instructional activity ;
2. A student who attends school shall be considered in
attendance for a quarter if the student:
a. completes instructional activities on no less than
ninety percent (90%) of t he days within the quarter,
b. is on pace for on-time completion of the course as
defined by the board of education, or
c. completes no less than seventy -two instructional
activities within the quarter of the academic year ;
and
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3. For a student who does n ot meet any of the criteria set
forth in paragraph 1 or 2 of this subsection, the amount of
attendance recorded shall be the greater of:
a. the number of school days during which the student
completed the instructional activities during the
quarter,
b. the number of school days proportional to the
percentage of the course that has been completed, or
c. the number of school days proportional to the
percentage of the required minimum number of completed
instructional activities during the quarter.
C. For the purposes of this section, "instructional activities "
shall include instructional meetings with a teacher, completed
assignments that are used to record a grade for a student that is
factored into the student 's grade for the semester during which the
assignment is completed, testing and school -sanctioned field trips.
D. Any student who is behind pace and does not complete an
instructional activity for a period of fifteen (15) school days
shall be withdrawn for truancy. The school shall submit a
notification to the parent or legal guardian of a student who has
been withdrawn for truancy or is approaching truancy.
E. Students who attend school in accordance with the attendance
policy adopted by the board of education as provided in subsection B
of this section shall be counted in the legal average daily
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attendance of the school district as established in Section 10 -103.1
of this title and the average daily attendance and average daily
membership as both are defined in Section 18 -107 of this title.
F. The State Department of Education may promulgate rules or
adopt policies to implement the provisions of this section.
SECTION 2. This act shall become effective November 1, 2021.
58-1-6189 EK 01/19/21