Oklahoma 2022 Regular Session

Oklahoma House Bill HB3502 Compare Versions

Version 1 (Old)

Version 2 (New)

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3		-	HB3502 HFLR Page 1
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	3	+	Req. No. 10879 Page 1 1
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29		-	HOUSE OF REPRESENTATIVES - FLOOR VERSION
30		-
31	28		STATE OF OKLAHOMA
32	29
33	30		2nd Session of the 58th Legislature (2022)
34	31
35	32		COMMITTEE SUBSTITUTE
36	33		FOR
37		-	HOUSE BILL NO. 3502 By: Hardin (David) of the House
38		-
39		-	and
40		-
41		-	Pemberton of the Senate
	34	+	HOUSE BILL NO. 3502 By: Hardin (David)
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47	40		COMMITTEE SUBSTITUTE
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49	42		An Act relating to schools; amending 70 O.S. 2021,
50	43		Section 10-105, which relates to school attendance;
51	44		requiring compulsory school attendance for certain
52	45		students who are eighteen; providing ex ceptions;
53	46		prescribing punishment for violations ; and declaring
54	47		an emergency.
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59	52		BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLA HOMA:
60	53		SECTION 1. AMENDATORY 70 O.S. 20 21, Section 10-105, is
61	54		amended to read as follows:
62	55		Section 10-105. A. It shall be unlawful for a parent,
63	56		guardian, or other perso n having custody of a child who is over the
64	57		age of five (5) year s, and under the age of eighteen (18) years, to
65	58		neglect or refuse to cause or compel such child to attend and comply
66	59		with the rules of some public, private or other school, unless other
67	60		means of education are provided for the full term the schools of the
	61	+	district are in session or the child is excused as provided in this
	62	+	section. One-half (1/2) day of kindergarten shall be required of
	63	+	all children five (5) years of age or older unless the chil d is
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69		-	HB3502 HFLR Page 2
70		-	BOLD FACE denotes Committee Amendments. 1
	65	+	Req. No. 10879 Page 2 1
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95		-	district are in session or the child is excused as provided in this
96		-	section. One-half (1/2) day of kindergarten shall be required of
97		-	all children five (5) years of age or older unles s the child is
98	90		excused from kindergarten attendance as provided in this se ction. A
99	91		child who is five (5) years of age shall be excused from
100	92		kindergarten attendance until the next school year after the child
101	93		is six (6) years of age if a parent, guardian, or other pe rson
102	94		having custody of the child notifies the superintendent of the
103	95		district where the child is a resident by certified mail prior to
104	96		enrollment in kindergarten, or at any time during the first school
105	97		year that the child is required to attend kindergarten pursuant to
106	98		this section, of election to withhold the child from kindergarten
107	99		until the next school year after the child is six (6) years of age.
108	100		A kindergarten program shall be directed toward devel opmentally
109	101		appropriate objectives for such children. Th e program shall require
110	102		that any teacher employed on and after J anuary 1, 1993, to teach a
111	103		kindergarten program within the public school system shall be
112	104		certified in early childhood education. All te achers hired to teach
113	105		a kindergarten program within the public school system prior to
114	106		January 1, 1993, shall be required to obtain certification in early
115	107		childhood education on or before the 1996 -97 school year in order to
116	108		continue to teach a kindergarten program.
117	109		B. It shall be unlawful for any child who is o ver the age of
118	110		twelve (12) years and under the age of eighteen (18) years, and who
	111	+	has not finished four (4) years of high school work, to neglect or
	112	+	refuse to attend and comply with the rules of some public, private
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120		-	HB3502 HFLR Page 3
121		-	BOLD FACE denotes Committee Amendments. 1
	114	+	Req. No. 10879 Page 3 1
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146		-	has not finished four (4) years of high school work, to neglect or
147		-	refuse to attend and comply with the rules of some public, private
148	139		or other school, or recei ve an education by other means for the full
149	140		term the schools of the district a re in session.
150	141		Provided, that this section shall not apply:
151	142		1. If any child is prevented from attending school by reason of
152	143		mental or physical disability, to be determined by th e board of
153	144		education of the district upon a certificate of the school physicia n
154	145		or public health physician, or, if no such physician is available, a
155	146		duly licensed and practicing physician;
156	147		2. If any child is excus ed from attendance at school, due to an
157	148		emergency, by the principal teacher of the school in which such
158	149		child is enrolled, at the request of the parent, guardian, custodian
159	150		or other person having control of such child;
160	151		3. If any child who has attained his or her sixteenth birthday
161	152		is excused from attending school by written, joint agreement
162	153		between:
163	154		a. the school administr ator of the school district where
164	155		the child attends school, and
165	156		b. the parent, guardian or custodian of the child.
166	157		Provided, further, t hat no child shall be excused from
167	158		attending school by such joint agreement between a
168	159		school administrator and the paren t, guardian or
169	160		custodian of the child unless and until it has been
	161	+	determined that such action is for the best interest
	162	+	of the child and/or the community, and that said child
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171		-	HB3502 HFLR Page 4
172		-	BOLD FACE denotes Committee Amendments. 1
	164	+	Req. No. 10879 Page 4 1
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197		-	determined that such action is for the best interest
198		-	of the child and/or the community, and that said child
199	189		shall thereafter be under the supervision of the
200	190		parent, guardian or custodian un til the child has
201	191		reached the age of eighteen (18) years;
202	192		4. If any child is excused from attending school for the
203	193		purpose of observing religious holy days if before the absenc e, the
204	194		parent, guardian, or person having custody or control of the student
205	195		submits a written request for the excused absence. The school
206	196		district shall excuse a student pursuant to this subsection for the
207	197		days on which the religious holy days are observe d and for the days
208	198		on which the student must travel to and from the site where the
209	199		student will observe the holy days; or
210	200		5. If any child is excused from attending school for the
211	201		purpose of participating in a milit ary funeral honors ceremony upon
212	202		approval of the school principal.
213	203		C. It shall be unlawful for any student who is eight een (18)
214	204		years of age, and who has not completed four (4) years of high
215	205		school work, to neglect or refuse to attend and comply with the
216	206		rules of some public, private, or o ther school, or receive an
217	207		education by other means for the full term the schools of the
218	208		district are in session. Provided, that this section shall not
219	209		apply:
	210	+	1. If any student is prevented from attending schoo l by reason
	211	+	of mental or physical disability , to be determined by the board of
	212	+	education of the district upon a certificate of th e school physician
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221		-	HB3502 HFLR Page 5
222		-	BOLD FACE denotes Committee Amendments. 1
	214	+	Req. No. 10879 Page 5 1
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247		-	1. If any student is prevented from attending schoo l by reason
248		-	of mental or physical disability , to be determined by the board of
249		-	education of the district upon a certificate of th e school physician
250	239		or public health physician, or, if no physician is available, a duly
251	240		licensed and practicing physician;
252	241		2. If any student is excused from attend ing school due to an
253	242		emergency by the administrator of the school where the student is
254	243		enrolled;
255	244		3. If any student who has attained his or her eighteenth
256	245		birthday is excused from attending school by written, joint
257	246		agreement between:
258	247		a. the school principal of the school district where the
259	248		student attends school, and
260	249		b. the student;
261	250		4. If any student is excused from attending school for the
262	251		purpose of observing religious holy days if before the abs ence the
263	252		student submits a writ ten request for the excuse d absence. The
264	253		school district shall excuse a student pursuant to this paragraph
265	254		for the days on which the religious holy days are observed and for
266	255		the days on which the student must travel to and from the site where
267	256		the student will observe the holy days ; or
268	257		5. If any student is excused from attending school for the
269	258		purpose of participatin g in a military funeral honors ceremony upon
270	259		approval of the school principal.
	260	+	D. It shall be the duty of the attendance officer to enforce
	261	+	the provisions of this se ction. In the prosecution of a parent,
	262	+	guardian, or other person having custody of a chil d for violation of
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272		-	HB3502 HFLR Page 6
273		-	BOLD FACE denotes Committee Amendments. 1
	264	+	Req. No. 10879 Page 6 1
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298		-	D. It shall be the duty of the attendance officer to enforce
299		-	the provisions of this se ction. In the prosecu tion of a parent,
300		-	guardian, or other person having custody of a chil d for violation of
301	289		any provision subsection A or B of this section, it shall be an
302	290		affirmative defense that the parent, guardian, or other per son
303	291		having custody of the child has made s ubstantial and reasonable
304	292		efforts to comply with the compulsory attendan ce requirements of
305	293		this section but is unable to cause the child to att end school. If
306	294		the court determines the affirmative defense is valid, it shall
307	295		dismiss the complaint against the parent, guardian, or other person
308	296		having custody of the child and shall notify the school attendance
309	297		officer who shall refer the child to the district attorney for the
310	298		county in which the child resides for the fil ing of a Child in Need
311	299		of Supervision petition against the child pursuant to the Oklahoma
312	300		Juvenile Code.
313	301		D. E. Any parent, guardian, custodian, student who is eighteen
314	302		(18) years of age, child or other person violating any of the
315	303		provisions of this section, upon conviction, shall be guilty of a
316	304		misdemeanor, and shall be punished as follows:
317	305		1. For the first offense, a fine of not less than Twenty-five
318	306		Dollars ($25.00) nor more than Fifty Dollars ($50.00), or
319	307		imprisonment for not m ore than five (5) days, or both such fine and
320	308		imprisonment;
	309	+	2. For the second offense, a fine of not less than F ifty
	310	+	Dollars ($50.00) nor more than One Hundred Dollars ($100.00), or
	311	+	imprisonment for not more than ten (10) days, or both such fine and
	312	+	imprisonment; and
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322		-	HB3502 HFLR Page 7
323		-	BOLD FACE denotes Committee Amendments. 1
	314	+	Req. No. 10879 Page 7 1
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348		-	2. For the second offense, a fine of not less than F ifty
349		-	Dollars ($50.00) nor more than One Hundred Dollars ($100.00), or
350		-	imprisonment for not more than ten (10) days, or both such fine and
351		-	imprisonment; and
352	339		3. For the third or subsequent offense, a fine of not less than
353	340		One Hundred Dollars ($100.00) nor m ore than Two Hundred Fifty
354	341		Dollars ($250.00), or imprisonment for not more than fifteen (15)
355	342		days, or both such fine and imprisonment.
356	343		Each day the child or student remains out of school after the
357	344		oral and documented or written warning has been given to the parent,
358	345		guardian, custodian, student, child or other person or the child has
359	346		been ordered to school by the juvenile court shall constitute a
360	347		separate offense.
361	348		E. F. At the trial of any person charged with violating the
362	349		provisions of this section, the attendance records of t he student
363	350		who is eighteen (18) years of age, child, or ward may be presented
364	351		in court by any authorized employee of the school district.
365	352		F. G. The court may order the student who is eighteen (18)
366	353		years of age, parent, guardian, or other person having custody of
367	354		the child to perform community service in lieu of the fine set forth
368	355		in this section. The court may require that all or part of the
369	356		community service be performed for a public school district.
370	357		G. H. The court may order as a co ndition of a deferred sentence
371	358		or as a condition of sentence upon conviction of the student who is
	359	+	eighteen (18) years of age , parent, guardian, or other pe rson having
	360	+	custody of the child any conditions as the court considers necessary
	361	+	to obtain compliance with school attendance requ irements. The
	362	+	conditions may include, but are not limited to, the following:
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373		-	HB3502 HFLR Page 8
374		-	BOLD FACE denotes Committee Amendments. 1
	364	+	Req. No. 10879 Page 8 1
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399		-	eighteen (18) years of age , parent, guardian, or other pe rson having
400		-	custody of the child any conditions as the co urt considers necessary
401		-	to obtain compliance with school attendance requ irements. The
402		-	conditions may include, but are not limited to, the following:
403	389		1. Verifying attendance of the child with the sc hool;
404	390		2. Attending meetings with school officials;
405	391		3. Taking the child to school;
406	392		4. Taking the child to the bus stop;
407	393		5. Attending school with the child;
408	394		6. Undergoing an evaluation for drug, alcohol, or other
409	395		substance abuse and following the recomm endations of the evaluator;
410	396		and
411	397		7. Taking the child for or the student who is eighteen (18)
412	398		years of age attending drug, alcohol, or other substance abuse
413	399		evaluation and following the recommendations o f the evaluator,
414	400		unless excused by the court.
415	401		SECTION 2. It being immediately necessary for the preservation
416	402		of the public peace, health or safety, an emergency is here by
417	403		declared to exist, by reason whereof this act shall take effect and
418	404		be in full force from and after its passage an d approval.
419	405
420		-	COMMITTEE REPORT BY: COMMITTEE ON COMMON EDUCATION, dated 03/02/2022
421		-	- DO PASS, As Amended and Coauthored.
	406	+	58-2-10879 MJ 03/02/22
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