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| 3 | - | ENGR. S. A. TO ENGR. H. B. NO. 1035 Page 1 1 | |
| 3 | + | SENATE FLOOR VERSION - HB1035 SFLR Page 1 | |
| 4 | + | (Bold face denotes Committee Am endments) 1 | |
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| 28 | - | ENGROSSED SENATE AMENDMENT | |
| 29 | - | TO | |
| 30 | - | ENGROSSED HOUSE | |
| 31 | - | BILL NO. 1035 By: Rosecrants, Pae, and | |
| 29 | + | SENATE FLOOR VERSION | |
| 30 | + | April 4, 2023 | |
| 31 | + | ||
| 32 | + | ||
| 33 | + | COMMITTEE SUBSTITUTE | |
| 34 | + | FOR ENGROSSED | |
| 35 | + | HOUSE BILL NO. 1035 By: Rosecrants, Pae, and | |
| 32 | 36 | Provenzano of the House | |
| 33 | 37 | ||
| 34 | 38 | and | |
| 35 | 39 | ||
| 36 | 40 | Pemberton of the Senate | |
| 37 | - | ||
| 38 | 41 | ||
| 39 | 42 | ||
| 40 | 43 | ||
| 41 | 44 | ||
| 42 | 45 | [ schools - student attendance - exceptions for | |
| 43 | 46 | mental health counseling and occupational therapy | |
| 44 | 47 | appointments - certification of absence - effective | |
| 45 | 48 | date ] | |
| 46 | 49 | ||
| 47 | 50 | ||
| 48 | 51 | ||
| 49 | 52 | ||
| 50 | - | AMENDMENT NO. 1. Page 1, strike the stricken title, enacting clause | |
| 51 | - | and entire bill and insert | |
| 52 | - | ||
| 53 | - | ||
| 54 | - | “An Act relating to schools; amending 70 O.S. 2021, | |
| 55 | - | Section 10-105, which relates to student attendance; | |
| 56 | - | updating statutory language; providing exceptions for | |
| 57 | - | mental health counseling and occupational therapy; | |
| 58 | - | requiring submission of written request for excused | |
| 59 | - | absence; allowing certa in excuse upon receipt of | |
| 60 | - | certain documentation; providing an effective date ; | |
| 61 | - | and declaring an emergency. | |
| 62 | - | ||
| 63 | - | ||
| 64 | - | ||
| 65 | - | ||
| 66 | 53 | BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA: | |
| 67 | 54 | SECTION 1. AMENDATORY 70 O .S. 2021, Section 10 -105, is | |
| 68 | 55 | amended to read as follows: | |
| 56 | + | Section 10-105. A. It shall be unlawful for a p arent, | |
| 57 | + | guardian, or other person having custody of a child who is over the | |
| 58 | + | age of five (5) years, and under the age of eighteen (18) years, to | |
| 59 | + | neglect or refuse to cause or compel such the child to attend and | |
| 60 | + | comply with the rules of some public, private , or other school, | |
| 61 | + | unless other means of education are provided for the full term the | |
| 62 | + | schools of the district are in session or the child is excused as | |
| 63 | + | provided in this section. One -half (1/2) day of kindergarten shall | |
| 64 | + | be required of all children five (5) years of age or older unless | |
| 69 | 65 | ||
| 70 | - | ENGR. S. A. TO ENGR. H. B. NO. 1035 Page 2 1 | |
| 66 | + | SENATE FLOOR VERSION - HB1035 SFLR Page 2 | |
| 67 | + | (Bold face denotes Committee Am endments) 1 | |
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| 95 | - | Section 10-105. A. It shall be unlawful for a p arent, | |
| 96 | - | guardian, or other person having custody of a child who is over the | |
| 97 | - | age of five (5) years, and under the age of eighteen (18) years, to | |
| 98 | - | neglect or refuse to cause or compel such the child to attend and | |
| 99 | - | comply with the rules of some public, private , or other school, | |
| 100 | - | unless other means of education are provided for the full term the | |
| 101 | - | schools of the district are in session or the child is excused as | |
| 102 | - | provided in this section. One -half (1/2) day of kindergarten shall | |
| 103 | - | be required of all children five (5) years of age or older unless | |
| 104 | 92 | the child is excused from kindergarten attendance as provided in | |
| 105 | 93 | this section. A child who is five (5) years of age shall be excused | |
| 106 | 94 | from kindergarten attendance until t he next school year after the | |
| 107 | 95 | child is six (6) years of age if a parent, guardian, or other person | |
| 108 | - | having custody of the child notifies the superintendent of the | |
| 109 | - | district where the child is a resident by certified mail prior to | |
| 110 | - | enrollment in kindergarten, or at any time during the first school | |
| 111 | - | year that the child is r equired to attend kindergarten pursuant to | |
| 112 | - | this section, of election to withhold the child fro m kindergarten | |
| 113 | - | until the next school year after the child is six (6) years of age. | |
| 114 | - | A kindergarten program shall be directed toward developmentally | |
| 115 | - | appropriate objectives for such children. The program shall require | |
| 116 | - | that any teacher employed on and after January 1, 1993, to teach a | |
| 117 | - | kindergarten program within the public school system shall be | |
| 118 | - | certified in early childhood education. All teachers hired to teach | |
| 119 | - | ||
| 120 | - | ENGR. S. A. TO ENGR. H. B. NO. 1035 Page 3 1 | |
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| 145 | - | a kindergarten program within the public school system prior to | |
| 146 | - | January 1, 1993, shall be require d to obtain certification in early | |
| 147 | - | childhood education on or before the 1996 -97 school year in orde r to | |
| 148 | - | continue to teach a kindergarten program. | |
| 149 | - | B. It shall be unlawful for any child who is over the age of | |
| 150 | - | twelve (12) years and under the age of eighteen (18) years, and who | |
| 151 | - | has not finished four (4) years of high school work, to neglect or | |
| 152 | - | refuse to attend and comply with the rules of some public, private , | |
| 153 | - | or other school, or receive an education by other means for the full | |
| 154 | - | term the schools of the district are in session. | |
| 155 | - | Provided, that this section shall not apply: | |
| 156 | - | 1. If any child is prevented from at tending school by reason of | |
| 157 | - | mental or physical disability, to be determined by the board of | |
| 158 | - | education of the district upon a certificate of the school physician | |
| 159 | - | or public health physician, or, if no such physician is available, a | |
| 160 | - | duly licensed and practici ng physician; | |
| 161 | - | 2. If any child is excused from attendance at school, due to an | |
| 162 | - | emergency, by the principal teacher of the school in which such the | |
| 163 | - | child is enrolled, at the req uest of the parent, gu ardian, | |
| 164 | - | custodian, or other person having control custody of such the child; | |
| 165 | - | 3. If any child who has attained his or her sixt eenth birthday | |
| 166 | - | is excused from attending school by written, joint agreement | |
| 167 | - | between: | |
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| 169 | - | ENGR. S. A. TO ENGR. H. B. NO. 1035 Page 4 1 | |
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| 194 | - | a. the school administrator of the school district wher e | |
| 195 | - | the child attends school, a nd | |
| 196 | - | b. the parent, guardian, or custodian of the child. | |
| 197 | - | Provided, further, that no chil d shall be excused from | |
| 198 | - | attending school by such the joint agreement between a | |
| 199 | - | school administrator and the parent, guardian, or | |
| 200 | - | custodian of the child unless and until it has been | |
| 201 | - | determined that such the action is for the best | |
| 202 | - | interest of the child and/o r the community, and that | |
| 203 | - | said the child shall thereafter be under the | |
| 204 | - | supervision of the parent, guardian, or custodian | |
| 205 | - | until the child has reached the age of eighteen (18) | |
| 206 | - | years; | |
| 207 | - | 4. If any child is excused from attending school for the | |
| 208 | - | purpose of observing religious holy days if befor e the absence, the | |
| 209 | - | parent, guardian, or other person having custody or control of the | |
| 210 | - | student child submits a written request for the exc used absence. | |
| 211 | - | The school district shall excuse a student child pursuant to this | |
| 212 | - | subsection for the days on which the religi ous holy days are | |
| 213 | - | observed and for the days on which the student child must travel to | |
| 214 | - | and from the site where the student child will observe the holy | |
| 215 | - | days; or | |
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| 217 | - | ENGR. S. A. TO ENGR. H. B. NO. 1035 Page 5 1 | |
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| 242 | - | 5. If any child is excused from attending school for the | |
| 243 | - | purpose of participating in a military funeral honors ceremony u pon | |
| 244 | - | approval of the school p rincipal; or | |
| 245 | - | 6. If any child is excused from attending school for the | |
| 246 | - | purpose of receiving mental health counseling or occupational | |
| 247 | - | therapy if before the absence, th e parent, guardian, or other person | |
| 248 | - | having custody of the child submits a written request for the | |
| 249 | - | excused absence. The school district shall excuse the child | |
| 250 | - | pursuant to this subsection upon receipt of documentation from the | |
| 251 | - | mental health or occupational therapy provider evidencing the | |
| 252 | - | child’s absence due to participation in mental health counseling or | |
| 253 | - | occupational therapy. | |
| 254 | - | C. It shall be the duty of the attendance officer to enforce | |
| 255 | - | the provisions of this section. In the prosecution of a parent, | |
| 256 | - | guardian, or other person having custody of a child for violation of | |
| 257 | - | any provision of this section, it shall be an affirmative defense | |
| 258 | - | that the parent, guardian, or other person having custody of the | |
| 259 | - | child has made substantial and reasonable efforts to comply wit h the | |
| 260 | - | compulsory attendance requireme nts of this section but is unable to | |
| 261 | - | cause the child to attend school. If the court determines the | |
| 262 | - | affirmative defense is valid, it shall dismiss the complaint against | |
| 263 | - | the parent, guardian, or other person having custo dy of the child | |
| 264 | - | and shall notify the school attendance officer who shall refer the | |
| 265 | - | child to the district attorney for the county in which th e child | |
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| 267 | - | ENGR. S. A. TO ENGR. H. B. NO. 1035 Page 6 1 | |
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| 292 | - | resides for the filing of a Child in Nee d of Supervision petition | |
| 293 | - | against the child pursuant to the Oklahoma Juvenile Code. | |
| 294 | - | D. Any parent, guard ian, custodian, child , or other person | |
| 295 | - | violating any of the provisions of this section, upon conviction , | |
| 296 | - | shall be guilty of a misdemeanor, and shall be punished as follows: | |
| 297 | - | 1. For the first offense, a fine of not less than Twenty-five | |
| 298 | - | Dollars ($25.00) nor more than Fifty Dollars ($50.00), or | |
| 299 | - | imprisonment for not more than five (5) days, or both such fine a nd | |
| 300 | - | imprisonment; | |
| 301 | - | 2. For the second offense, a f ine of not less than Fifty | |
| 302 | - | Dollars ($50.00) nor more than One Hundre d Dollars ($100.00), or | |
| 303 | - | imprisonment for not more than ten (10) days, or both such fi ne and | |
| 304 | - | imprisonment; and | |
| 305 | - | 3. For the third or subsequen t offense, a fine of not less than | |
| 306 | - | One Hundred Dollars ($100.00) nor more than Two Hundred Fifty | |
| 307 | - | Dollars ($250.00), or imprisonment for not more than fift een (15) | |
| 308 | - | days, or both such fine and imprisonme nt. | |
| 309 | - | Each day the child remains out of school after the an oral and | |
| 310 | - | documented or written warning has be en given to the parent, | |
| 311 | - | guardian, custodian, child , or other person or the child has been | |
| 312 | - | ordered to school by the juvenile court shall constitute a separate | |
| 313 | - | offense. | |
| 314 | - | E. At the trial of any person charged wi th violating the | |
| 315 | - | provisions of this section, the attendance records of the child or | |
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| 317 | - | ENGR. S. A. TO ENGR. H. B. NO. 1035 Page 7 1 | |
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| 342 | - | ward may be presented in court b y any authorized employee of the | |
| 343 | - | school district. | |
| 344 | - | F. The court may order the parent, g uardian, or other person | |
| 345 | - | having custody of the child to perform community service in lieu of | |
| 346 | - | the fine set forth in this section. The court may require that all | |
| 347 | - | or part of the community service be performed f or a public school | |
| 348 | - | district. | |
| 349 | - | G. The court may order as a condition of a deferred sentence or | |
| 350 | - | as a condition of sentence upon conviction of the paren t, guardian, | |
| 351 | - | or other person having custody of the child any conditi ons as the | |
| 352 | - | court considers necessary to obtain compliance with school | |
| 353 | - | attendance requirements. The conditions may include, but are not | |
| 354 | - | limited to, the following: | |
| 355 | - | 1. Verifying attendance of the child with the school; | |
| 356 | - | 2. Attending meetings with school off icials; | |
| 357 | - | 3. Taking the child to school; | |
| 358 | - | 4. Taking the child to the bus stop; | |
| 359 | - | 5. Attending school with the child; | |
| 360 | - | 6. Undergoing an evaluat ion for drug, alcohol, or other | |
| 361 | - | substance abuse and following the recommendations of the evaluator; | |
| 362 | - | and | |
| 363 | - | 7. Taking the child for drug, alcohol, or other su bstance abuse | |
| 364 | - | evaluation and following the recom mendations of the evaluator, | |
| 365 | - | unless excused by the co urt. | |
| 366 | - | ||
| 367 | - | ENGR. S. A. TO ENGR. H. B. NO. 1035 Page 8 1 | |
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| 392 | - | SECTION 2. This act shall become effective July 1, 2023. | |
| 393 | - | SECTION 3. It being immediately necessary for t he preservation | |
| 394 | - | of the public peace, health , or safety, an emergency is hereby | |
| 395 | - | declared to exist, by reason whereof thi s act shall take effect and | |
| 396 | - | be in full force from and after its passage and approval. ” | |
| 397 | - | ||
| 398 | - | ||
| 399 | - | Passed the Senate the 25th day of April, 2023. | |
| 400 | - | ||
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| 403 | - | Presiding Officer of the Senate | |
| 404 | - | ||
| 405 | - | ||
| 406 | - | Passed the House of Representatives the ____ day of __________, | |
| 407 | - | 2023. | |
| 408 | - | ||
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| 410 | - | ||
| 411 | - | Presiding Officer of the House | |
| 412 | - | of Representatives | |
| 413 | - | ||
| 414 | - | ENGR. H. B. NO. 1035 Page 1 1 | |
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| 439 | - | ENGROSSED HOUSE | |
| 440 | - | BILL NO. 1035 By: Rosecrants, Pae, and | |
| 441 | - | Provenzano of the House | |
| 442 | - | ||
| 443 | - | and | |
| 444 | - | ||
| 445 | - | Pemberton of the Senate | |
| 446 | - | ||
| 447 | - | ||
| 448 | - | ||
| 449 | - | ||
| 450 | - | ||
| 451 | - | [ schools - student attendance - exceptions for | |
| 452 | - | mental health counseling and occupational therapy | |
| 453 | - | appointments - certification of absence - effective | |
| 454 | - | date ] | |
| 455 | - | ||
| 456 | - | ||
| 457 | - | ||
| 458 | - | ||
| 459 | - | ||
| 460 | - | ||
| 461 | - | BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA: | |
| 462 | - | SECTION 2. AMENDATORY 70 O.S. 2021, Section 10 -105, is | |
| 463 | - | amended to read as follows: | |
| 464 | - | Section 10-105. A. It shall be unlawful for a p arent, | |
| 465 | - | guardian, or other person having custody of a child who is over the | |
| 466 | - | age of five (5) years, and under the age of eighteen (18) years, to | |
| 467 | - | neglect or refuse to cause or compel such child to attend and comply | |
| 468 | - | with the rules of some public, private or ot her school, unless other | |
| 469 | - | means of education are provided for the full term the schools of the | |
| 470 | - | district are in session or the child is excused as provided in this | |
| 471 | - | section. One-half (1/2) day of kindergarten shall be required of | |
| 472 | - | ||
| 473 | - | ENGR. H. B. NO. 1035 Page 2 1 | |
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| 498 | - | all children five (5) years of age or older unless the child is | |
| 499 | - | excused from kindergarten attendance as provided in this s ection. A | |
| 500 | - | child who is five (5) years of age shall be excused from | |
| 501 | - | kindergarten attendance until the next school year after the child | |
| 502 | - | is six (6) years of age if a parent, guardian, or other person | |
| 503 | 96 | having custody of the child notifies the superintendent of the | |
| 504 | 97 | district where the child is a resident by certified mail prior to | |
| 505 | 98 | enrollment in kindergarten, or at any time during the first school | |
| 506 | 99 | year that the child is r equired to attend kindergarten pursuant to | |
| 507 | 100 | this section, of election to withhold the child fro m kindergarten | |
| 508 | 101 | until the next school year after the child is six (6) years of age. | |
| 509 | 102 | A kindergarten program shall be directed toward developmentally | |
| 510 | 103 | appropriate objectives for such children. The program shall require | |
| 511 | 104 | that any teacher employed on and after January 1, 1993, to teach a | |
| 512 | 105 | kindergarten program within the public school system shall be | |
| 513 | 106 | certified in early childhood education. All teachers hired to teach | |
| 514 | 107 | a kindergarten program within the public school system prior to | |
| 515 | 108 | January 1, 1993, shall be require d to obtain certification in early | |
| 516 | 109 | childhood education on or before the 1996 -97 school year in orde r to | |
| 517 | 110 | continue to teach a kindergarten program. | |
| 518 | 111 | B. It shall be unlawful for any child who is over the age of | |
| 519 | 112 | twelve (12) years and under the age of eighteen (18) years, and who | |
| 520 | 113 | has not finished four (4) years of high school work, to neglect or | |
| 521 | - | refuse to attend and comply with the rules of some public, private | |
| 114 | + | refuse to attend and comply with the rules of some public, private , | |
| 522 | 115 | ||
| 523 | - | ENGR. H. B. NO. 1035 Page 3 1 | |
| 116 | + | SENATE FLOOR VERSION - HB1035 SFLR Page 3 | |
| 117 | + | (Bold face denotes Committee Am endments) 1 | |
| 524 | 118 | 2 | |
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| 547 | 141 | ||
| 548 | 142 | or other school, or receive an education by other means for the full | |
| 549 | 143 | term the schools of the district are in session. | |
| 550 | 144 | Provided, that this section shall not apply: | |
| 551 | 145 | 1. If any child is prevented from at tending school by reason of | |
| 552 | - | mental or physical disability, including mental health counseling | |
| 553 | - | and occupational therapy appointments, to be determined by the b oard | |
| 554 | - | of education of the district upon a certificate of the school | |
| 555 | - | physician or, public health physician, counselor or occupational | |
| 556 | - | therapist, or, if no such physician, counselor or occupational | |
| 557 | - | therapist is available, a duly licensed and practicing physic ian, | |
| 558 | - | counselor or occupational therapist; | |
| 146 | + | mental or physical disability, to be determined by th e board of | |
| 147 | + | education of the district upon a certificate of the school physician | |
| 148 | + | or public health physician, or, if no such physician is available, a | |
| 149 | + | duly licensed and practici ng physician; | |
| 559 | 150 | 2. If any child is excused from attendance at school, due to an | |
| 560 | - | emergency, by the principal teacher of the school in which such | |
| 561 | - | child is enrolled, at the | |
| 562 | - | or other person having control custody of such child; | |
| 151 | + | emergency, by the principal teacher of the school in which such the | |
| 152 | + | child is enrolled, at the req uest of the parent, gu ardian, | |
| 153 | + | custodian, or other person having control custody of such the child; | |
| 563 | 154 | 3. If any child who has attained his or her sixteenth birthday | |
| 564 | 155 | is excused from attending school by written, joint agreement | |
| 565 | 156 | between: | |
| 566 | 157 | a. the school administrator of the school district wher e | |
| 567 | 158 | the child attends school, a nd | |
| 568 | - | b. the parent, guardian or custodian of the child. | |
| 159 | + | b. the parent, guardian, or custodian of the child. | |
| 569 | 160 | Provided, further, that no child shall be excused from | |
| 570 | - | attending school by such joint agreement between a | |
| 571 | - | school administrator and the parent, guardian or | |
| 161 | + | attending school by such the joint agreement between a | |
| 162 | + | school administrator and the parent, guardian, or | |
| 163 | + | custodian of the child unless and until it has been | |
| 164 | + | determined that such the action is for the best | |
| 165 | + | interest of the child and/or the community, and that | |
| 572 | 166 | ||
| 573 | - | ENGR. H. B. NO. 1035 Page 4 1 | |
| 167 | + | SENATE FLOOR VERSION - HB1035 SFLR Page 4 | |
| 168 | + | (Bold face denotes Committee Am endments) 1 | |
| 574 | 169 | 2 | |
| 575 | 170 | 3 | |
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| 597 | 192 | ||
| 598 | - | custodian of the chi ld unless and until it has been | |
| 599 | - | determined that such action is for the best interest | |
| 600 | - | of the child and/or the community, and that s aid child | |
| 601 | - | shall thereafter be under the supervision of the | |
| 602 | - | parent, guardian or custodian until the child has | |
| 603 | - | reached the age of eighteen (18) years; | |
| 193 | + | said the child shall thereafter be under the | |
| 194 | + | supervision of the parent, guardian, or custodian | |
| 195 | + | until the child has reached the age of eighteen (18) | |
| 196 | + | years; | |
| 604 | 197 | 4. If any child is excused from attending school for the | |
| 605 | 198 | purpose of observing religious holy days if befor e the absence, the | |
| 606 | 199 | parent, guardian, or other person having custody or control of the | |
| 607 | 200 | student child submits a written request for the exc used absence. | |
| 608 | 201 | The school district shall excuse a student child pursuant to this | |
| 609 | 202 | subsection for the days on which the religi ous holy days are | |
| 610 | 203 | observed and for the days on which the student child must travel to | |
| 611 | 204 | and from the site where the student child will observe the holy | |
| 612 | 205 | days; or | |
| 613 | 206 | 5. If any child is excused from attending school for the | |
| 614 | 207 | purpose of participating in a military funeral honors ceremony u pon | |
| 615 | - | approval of the school p rincipal. | |
| 616 | - | C. It shall be the duty of the attendance officer to enforce | |
| 617 | - | the provisions of this section. In the prosecution of a parent, | |
| 618 | - | guardian, or other person having custody or control of a child for | |
| 619 | - | violation of any provision of this section, it shall be an | |
| 620 | - | affirmative defense that the parent, guardian, or other person | |
| 621 | - | having custody of the ch ild has made substantial and reasonable | |
| 208 | + | approval of the school p rincipal; or | |
| 209 | + | 6. If any child is excused from attending school for the | |
| 210 | + | purpose of receiving mental health counseling or occupational | |
| 211 | + | therapy if before the absence, the parent, guardian, or other person | |
| 212 | + | having custody of the child submits a written request for the | |
| 213 | + | excused absence. The school district shall excuse the child | |
| 214 | + | pursuant to this subsection upon receipt of documentation from the | |
| 215 | + | mental health or occupational therapy provider evidencing the | |
| 622 | 216 | ||
| 623 | - | ENGR. H. B. NO. 1035 Page 5 1 | |
| 217 | + | SENATE FLOOR VERSION - HB1035 SFLR Page 5 | |
| 218 | + | (Bold face denotes Committee Am endments) 1 | |
| 624 | 219 | 2 | |
| 625 | 220 | 3 | |
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| 647 | 242 | ||
| 648 | - | efforts to comply with the compulsory attendance requirements of | |
| 649 | - | this section but is unable to cause the child to attend school. If | |
| 650 | - | the court determines the affirmative defense is valid, it shall | |
| 651 | - | dismiss the complaint against the parent, guardian, or other person | |
| 652 | - | having custody of the child and shall notify the school attendance | |
| 653 | - | officer who shall refer the c hild to the district attorney for the | |
| 654 | - | county in which the child resides for the filing of a Child in Need | |
| 655 | - | of Supervision petition against the child pursuant to the Oklahoma | |
| 656 | - | Juvenile Code. | |
| 657 | - | D. Any parent, guardian, custodian, child or other person | |
| 243 | + | child’s absence due to participation in mental health counseling or | |
| 244 | + | occupational therapy. | |
| 245 | + | C. It shall be the duty of the attendance officer to enforce | |
| 246 | + | the provisions of this section. In the prosecution of a parent, | |
| 247 | + | guardian, or other person having custody of a child for violation of | |
| 248 | + | any provision of this section, it shall be an affirmative defense | |
| 249 | + | that the parent, guardian, or other person having custody of the | |
| 250 | + | child has made substantial and reasonable efforts to comply with the | |
| 251 | + | compulsory attendance requireme nts of this section but is unable to | |
| 252 | + | cause the child to attend school. If the court determines the | |
| 253 | + | affirmative defense is valid, it shall dismiss the complaint against | |
| 254 | + | the parent, guardian, or other person having custody of the child | |
| 255 | + | and shall notify the school attendance officer who shall refer the | |
| 256 | + | child to the district attorney for the county in which th e child | |
| 257 | + | resides for the filing of a Child in Nee d of Supervision petition | |
| 258 | + | against the child pursuant to the Oklahoma Juvenile Code. | |
| 259 | + | D. Any parent, guard ian, custodian, child , or other person | |
| 658 | 260 | violating any of the provisions of this section, upon conviction , | |
| 659 | 261 | shall be guilty of a misdemeanor, and shall be punished as follows: | |
| 660 | 262 | 1. For the first offense, a fine of not less than Twenty -five | |
| 661 | 263 | Dollars ($25.00) nor more than Fifty Dollars ($50.00), or | |
| 662 | 264 | imprisonment for not more than five (5) days, or both such fine a nd | |
| 663 | 265 | imprisonment; | |
| 664 | - | 2. For the second offense, a fine of n ot less than Fifty | |
| 665 | - | Dollars ($50.00) nor more than One Hundred Dollars ($100.00), or | |
| 666 | - | imprisonment for not more than ten (10) days, or both such fi ne and | |
| 667 | - | imprisonment; and | |
| 668 | - | 3. For the third or subsequent offense, a fine of not less than | |
| 669 | - | One Hundred Dollars ( $100.00) nor more than Two Hundred Fifty | |
| 670 | - | Dollars ($250.00), or imprisonment for not more than fifteen (15) | |
| 671 | - | days, or both such fine and imprisonme nt. | |
| 672 | 266 | ||
| 673 | - | ENGR. H. B. NO. 1035 Page 6 1 | |
| 267 | + | SENATE FLOOR VERSION - HB1035 SFLR Page 6 | |
| 268 | + | (Bold face denotes Committee Am endments) 1 | |
| 674 | 269 | 2 | |
| 675 | 270 | 3 | |
| 676 | 271 | 4 | |
| 677 | 272 | 5 | |
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| 695 | 290 | 23 | |
| 696 | 291 | 24 | |
| 697 | 292 | ||
| 293 | + | 2. For the second offense, a f ine of not less than Fifty | |
| 294 | + | Dollars ($50.00) nor more than One Hundred Dollars ($100.00), or | |
| 295 | + | imprisonment for not more than ten (10) days, or both such fi ne and | |
| 296 | + | imprisonment; and | |
| 297 | + | 3. For the third or subsequen t offense, a fine of not less than | |
| 298 | + | One Hundred Dollars ($100.00) nor more than Two Hundred Fifty | |
| 299 | + | Dollars ($250.00), or imprisonment for not more than fift een (15) | |
| 300 | + | days, or both such fine and imprisonme nt. | |
| 698 | 301 | Each day the child remains out of school after the an oral and | |
| 699 | 302 | documented or written warning has be en given to the parent, | |
| 700 | - | guardian, custodian, child or other person or the child has been | |
| 303 | + | guardian, custodian, child , or other person or the child has been | |
| 701 | 304 | ordered to school by the juvenile court shall constitute a separate | |
| 702 | 305 | offense. | |
| 703 | 306 | E. At the trial of any person charged wi th violating the | |
| 704 | 307 | provisions of this section, the attendance records of the child or | |
| 705 | 308 | ward may be presented in court by any authorized employee of the | |
| 706 | 309 | school district. | |
| 707 | 310 | F. The court may order the parent, g uardian, or other person | |
| 708 | 311 | having custody of the child to perform community service in lieu of | |
| 709 | 312 | the fine set forth in this section. The court may require that all | |
| 710 | 313 | or part of the community service be performed f or a public school | |
| 711 | 314 | district. | |
| 712 | 315 | G. The court may order as a condition of a deferred sentence or | |
| 713 | 316 | as a condition of sentence upon conviction of the paren t, guardian, | |
| 714 | - | or other person having custody of the child any conditions as the | |
| 715 | - | court considers necessary to obtain compliance with school | |
| 716 | - | attendance requirements. The conditions may include, but are not | |
| 717 | - | limited to, the following: | |
| 718 | - | 1. Verifying attendance of the ch ild with the school; | |
| 719 | - | 2. Attending meetings with school officials; | |
| 720 | - | 3. Taking the child to school; | |
| 721 | - | 4. Taking the child to the bus stop; | |
| 722 | 317 | ||
| 723 | - | ENGR. H. B. NO. 1035 Page 7 1 | |
| 318 | + | SENATE FLOOR VERSION - HB1035 SFLR Page 7 | |
| 319 | + | (Bold face denotes Committee Am endments) 1 | |
| 724 | 320 | 2 | |
| 725 | 321 | 3 | |
| 726 | 322 | 4 | |
| 727 | 323 | 5 | |
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| 744 | 340 | 22 | |
| 745 | 341 | 23 | |
| 746 | 342 | 24 | |
| 747 | 343 | ||
| 344 | + | or other person having custody of the child any conditions as the | |
| 345 | + | court considers necessary to obtain compliance with school | |
| 346 | + | attendance requirements. The conditions may include, but are not | |
| 347 | + | limited to, the following: | |
| 348 | + | 1. Verifying attendance of the child with the school; | |
| 349 | + | 2. Attending meetings with school officials; | |
| 350 | + | 3. Taking the child to school; | |
| 351 | + | 4. Taking the child to the bus stop; | |
| 748 | 352 | 5. Attending school with the child; | |
| 749 | 353 | 6. Undergoing an evaluat ion for drug, alcohol, or other | |
| 750 | 354 | substance abuse and following the recommendations of the evaluator; | |
| 751 | 355 | and | |
| 752 | 356 | 7. Taking the child for drug, alcohol, or other su bstance abuse | |
| 753 | 357 | evaluation and following the recom mendations of the evaluator, | |
| 754 | 358 | unless excused by the co urt. | |
| 755 | - | SECTION 3. This act shall become ef fective November 1, 2023. | |
| 756 | - | Passed the House of Representatives the 23rd day of March, 2023. | |
| 757 | - | ||
| 758 | - | ||
| 759 | - | ||
| 760 | - | ||
| 761 | - | Presiding Officer of the House | |
| 762 | - | of Representatives | |
| 763 | - | ||
| 764 | - | ||
| 765 | - | Passed the Senate the Enter day day of Enter month, 2023. | |
| 766 | - | ||
| 767 | - | ||
| 768 | - | ||
| 769 | - | ||
| 770 | - | Presiding Officer of the Senate | |
| 771 | - | ||
| 772 | - | ||
| 773 | - | ||
| 359 | + | SECTION 2. This act shall become effective November 1, 2023. | |
| 360 | + | COMMITTEE REPORT BY: COMMITTEE ON EDUCATION | |
| 361 | + | April 4, 2023 - DO PASS AS AMENDED BY CS |