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HOUSE OF REPRESENTATIVES - FLOOR VERSION
STATE OF OKLAHOMA
2nd Session of the 58th Legislature (2022)
COMMITTEE SUBSTITUTE
FOR
HOUSE BILL NO. 3502 By: Hardin (David) of the House
and
Pemberton of the Senate
COMMITTEE SUBSTITUTE
An Act relating to schools; amending 70 O.S. 2021,
Section 10-105, which relates to school attendance;
requiring compulsory school attendance for certain
students who are eighteen; providing ex ceptions;
prescribing punishment for violations ; and declaring
an emergency.
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLA HOMA:
SECTION 1. AMENDATORY 70 O.S. 20 21, 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) year s, and under the age of eighteen (18) years, to
neglect or refuse to cause or compel such child to attend and comply
with the rules of some public, private or other school, unless ot her
means of education are provided for the full term the schools of the
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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 unles s the child is
excused from kindergarten attendance as provided in this se ction. 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, o r 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 kin dergarten 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 devel opmentally
appropriate objectives for such chi ldren. The program shall require
that any teacher employed on and after J anuary 1, 1993, to teach a
kindergarten program within the public school system shall be
certified in early childhood education. All te achers hired to teach
a kindergarten program w ithin the public school system prior to
January 1, 1993, shall be required to obtain certification in early
childhood education on or before the 1996 -97 school year in order to
continue to teach a kindergarten program.
B. It shall be unlawful for any chil d who is over the age of
twelve (12) years and under the age of eighteen (18) years, and who
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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 recei ve an education by other means for the full
term the schools of the district a re 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 th e board of
education of the district upon a certificate of the school physicia n
or public health physician, or, if no such physician is available, a
duly licensed and practicing physician;
2. If any child is excus ed from attendance at school, due to an
emergency, by the principal teacher of the school in which such
child is enrolled, at the request of the parent, guardian, custodian
or other person having control of such 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 administr ator of the school district where
the child attends school, and
b. the parent, guardian or custodian of the child.
Provided, further, t hat no child shall be excused from
attending school by such joint agreement between a
school administrator and the paren t, guardian or
custodian of the child unless and until it has been
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determined that such action is for the best interest
of the child and/or the community, and that said child
shall thereafter be under the supervision of the
parent, guardian or custodian un til 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 absenc e, the
parent, guardian, or person having custody or control of the student
submits a written request for the excused absence. The school
district shall excuse a student pursuant to this subsection for the
days on which the religious holy days are observe d and for the days
on which the student must travel to and from the site where the
student will observe the holy days; or
5. If any child is excused from attending school for the
purpose of participating in a milit ary funeral honors ceremony upon
approval of the school principal.
C. It shall be unlawful for any student who is eight een (18)
years of age, and who has not completed four (4) years of high
school work, to neglect or refuse to attend and comply with the
rules of some public, private, or o ther 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:
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1. If any student is prevented from attending schoo l by reason
of mental or physical disability , to be determined by the board of
education of the district upon a certificate of th e school physician
or public health physician, or, if no physician is available, a duly
licensed and practicing physician;
2. If any student is excused from attend ing school due to an
emergency by the administrator of the school where the student is
enrolled;
3. If any student who has attained his or her eighteenth
birthday is excused from attending school by written, joint
agreement between:
a. the school principal of the school district where the
student attends school, and
b. the student;
4. If any student is excused from attending school for the
purpose of observing religious holy days if before the abs ence the
student submits a writ ten request for the excuse d absence. The
school district shall excuse a student pursuant to this paragraph
for the days on which the religious holy days are observed and for
the days on which the student must travel to and from the site where
the student will observe the holy days ; or
5. If any student is excused from attending school for the
purpose of participatin g in a military funeral honors ceremony upon
approval of the school principal.
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D. It shall be the duty of the attendance officer to enforce
the provisions of this se ction. In the prosecu tion of a parent,
guardian, or other person having custody of a chil d for violation of
any provision subsection A or B of this section, it shall be an
affirmative defense that the parent, guardian, or other per son
having custody of the child has made s ubstantial and reasonable
efforts to comply with the compulsory attendan ce requirements of
this section but is unable to cause the child to att end 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 fil ing of a Child in Need
of Supervision petition against the child pursuant to the Oklahoma
Juvenile Code.
D. E. Any parent, guardian, custodian, student who is eighteen
(18) years of age, 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 m ore than five (5) days, or both such fine and
imprisonment;
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2. For the second offense, a fine of not less than F ifty
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 les s than
One Hundred Dollars ($100.00) nor m ore 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 or student remains out of school after the
oral and documented or written warning has been given to the parent,
guardian, custodian, student, child or other person or the child has
been ordered to school by the juvenile court shall constitute a
separate offense.
E. F. At the trial of any person charged with violat ing the
provisions of this section, the attendance records of t he student
who is eighteen (18) years of age, child, or ward may be presented
in court by any authorized employee of the school district.
F. G. The court may order the student who is eighteen (18)
years of age, 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 d istrict.
G. H. The court may order as a co ndition of a deferred sentence
or as a condition of sentence upon conviction of the student who is
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eighteen (18) years of age , parent, guardian, or other pe rson having
custody of the child any conditions as the co urt considers necessary
to obtain compliance with school attendance requ irements. The
conditions may include, but are not limited to, the following:
1. Verifying attendance of the child with the sc hool;
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 recomm endations of the evaluator;
and
7. Taking the child for or the student who is eighteen (18)
years of age attending drug, alcohol, or other substance abuse
evaluation and following the recommendations o f the evaluator,
unless excused by the court.
SECTION 2. It being immediately necessary for th e preservation
of the public peace, health or safety, an emergency is here by
declared to exist, by reason whereof this act shall take effect and
be in full force from and after its passage an d approval.
COMMITTEE REPORT BY: COMMITTEE ON COMMON EDUCATION, dated 03/02/2022
- DO PASS, As Amended and Coauthored.