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28	28	STATE OF OKLAHOMA
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30	30	1st Session of the 58th Legislature (2021)
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32	32	HOUSE BILL 1761 By: Ranson
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38	38	AS INTRODUCED
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40	40	An Act relating to schools; amending 70 O.S. 2011,
41	41	Section 10-106, which relates to student attendance;
42	42	requiring adoption of student att endance policy for
43	43	students completing instructional activities; listing
44	44	provisions to include in the policy; defining term;
45	45	directing withdrawal for truancy if certain criteria
46	46	is not met; providing for notification of truancy;
47	47	mandating counting of stude nts for school funding
48	48	purposes; authorizing rule promulgation or policy
49	49	adoption; and providing an effective date .
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54	54	BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
55	55	SECTION 1. AMENDATORY 70 O.S. 2011, Section 10 -106, is
56	56	amended to read as follows:
57	57	Section 10-106. A. It shall be the duty of the principal or
58	58	head teacher of each public, private or other school in the State of
59	59	Oklahoma to keep a full and complete record of the attendance of all
60	60	children at such schoo l and to notify the attendance officer of the
61	61	district in which such school is located of the absence of such
62	62	children from the school together with the causes thereof, if known;
63	63	and it shall be the duty of any parent, guardian or other person
64	64	having charge of any child of compulsory attendance age to notify
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91	91	the child's teacher concerning the cause of any absences of such
92	92	child. It shall be the duty of the principal or head teacher to
93	93	notify the parent, guardian or responsible person of the absence of
94	94	the child for any part of the school day, unless the parent,
95	95	guardian or other responsible person notifies the principal or head
96	96	teacher of such absence. Such attendance officer and teacher shall
97	97	be required to report to the school health officer all absences on
98	98	account of illness with such information respecting the same as may
99	99	be available by report or investigation; and the attendance officer
100	100	shall, if justified by the circumstances, promptly give to the
101	101	parent, guardian or custodian of any child who has no t complied with
102	102	the provisions of this article oral and documented or written
103	103	warning to the last-known address of such person that the attendance
104	104	of such child is required at some public, private or other school as
105	105	herein provided. If within five (5) day s after the warning has been
106	106	received, the parent, guardian or custodian of such child does not
107	107	comply with the provisions of this article, then such attendance
108	108	officer shall make complaint against the parent, guardian or
109	109	custodian of such child in a court of competent jurisdiction for
110	110	such violation, which violation shall be a misdemeanor. If Except
111	111	as provided in subsection B of this section, if a child is absent
112	112	without valid excuse four (4) or more days or parts of days within a
113	113	four-week period or is absent without valid excuse for ten (10) or
114	114	more days or parts of days within a semester, the attendance officer
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141	141	shall notify the parent, guardian or custodian of the child and
142	142	immediately report such absences to the district attorney in the
143	143	county wherein the school is located for juvenile proceedings
144	144	pursuant to Title 10A of the Oklahoma Statutes.
145	145	B. Beginning with the 2023 -2024 school year, the board of
146	146	education of a school district shall adopt an attendance policy
147	147	which reflects the ability of student s who are enrolled in the
148	148	school district to complete instructional activities while not
149	149	attending school in person. The attendance policy shall include the
150	150	following provisions:
151	151	1. The first date of attendance and membership shall be the
152	152	first date the student either attends school in person or completes
153	153	an instructional activity ;
154	154	2. A student who attends school shall be considered in
155	155	attendance for a quarter if the student:
156	156	a. completes instructional activities on no less than
157	157	ninety percent (90%) of t he days within the quarter,
158	158	b. is on pace for on-time completion of the course as
159	159	defined by the board of education, or
160	160	c. completes no less than seventy -two instructional
161	161	activities within the quarter of the academic year ;
162	162	and
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189	189	3. For a student who does n ot meet any of the criteria set
190	190	forth in paragraph 1 or 2 of this subsection, the amount of
191	191	attendance recorded shall be the greater of:
192	192	a. the number of school days during which the student
193	193	completed the instructional activities during the
194	194	quarter,
195	195	b. the number of school days proportional to the
196	196	percentage of the course that has been completed, or
197	197	c. the number of school days proportional to the
198	198	percentage of the required minimum number of completed
199	199	instructional activities during the quarter.
200	200	C. For the purposes of this section, "instructional activities "
201	201	shall include instructional meetings with a teacher, completed
202	202	assignments that are used to record a grade for a student that is
203	203	factored into the student 's grade for the semester during which the
204	204	assignment is completed, testing and school -sanctioned field trips.
205	205	D. Any student who is behind pace and does not complete an
206	206	instructional activity for a period of fifteen (15) school days
207	207	shall be withdrawn for truancy. The school shall submit a
208	208	notification to the parent or legal guardian of a student who has
209	209	been withdrawn for truancy or is approaching truancy.
210	210	E. Students who attend school in accordance with the attendance
211	211	policy adopted by the board of education as provided in subsection B
212	212	of this section shall be counted in the legal average daily
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239	239	attendance of the school district as established in Section 10 -103.1
240	240	of this title and the average daily attendance and average daily
241	241	membership as both are defined in Section 18 -107 of this title.
242	242	F. The State Department of Education may promulgate rules or
243	243	adopt policies to implement the provisions of this section.
244	244	SECTION 2. This act shall become effective November 1, 2021.
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246	246	58-1-6189 EK 01/19/21

Oklahoma 2022 Regular Session

Oklahoma House Bill HB1761 Compare Versions