Oklahoma 2024 Regular Session

Oklahoma House Bill HB2050 Compare Versions

Version 1 (Old)

Version 2 (New)

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3		-	HB2050 HFLR Page 1
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	3	+	Req. No. 5022 Page 1 1
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29		-	HOUSE OF REPRESENTATIVES - FLOOR VERSION
30		-
31	28		STATE OF OKLAHOMA
32	29
33	30		1st Session of the 59th Legislature (2023)
34	31
35		-	HOUSE BILL 2050 By: Hardin of the House
36		-
37		-	and
38		-
39		-	Pemberton of the Senate
	32	+	HOUSE BILL 2050 By: Hardin
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45	38		AS INTRODUCED
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47	40		An Act relating to schools; amending 70 O.S. 2021,
48	41		Section 10-105, which relates to school attendance;
49	42		requiring compulsory school attendance for certain
50	43		students who are eighteen years of age; providing
51	44		exceptions; prescribing punishment for violations ;
52	45		and declaring an emergency.
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	51	+	p
59	52		BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
60	53		SECTION 1. AMENDATORY 70 O.S. 2021, 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 person having custody of a child who is over the
64	57		age of five (5) years, and under the age of eighteen (1 8) years, to
65	58		neglect or refuse to caus e 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 child is
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69		-	HB2050 HFLR Page 2
70		-	BOLD FACE denotes Committee Amendments. 1
	65	+	Req. No. 5022 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 unless the child is
98	90		excused from kindergarten attendance as provided in this section. A
99	91		child who is five (5) yea rs 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 person
102	94		having custody of the child notifies the superintendent of the
103	95		district where the child is a r esident 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 developmentally
109	101		appropriate objectives for such children. The program shall require
110	102		that any teacher employed on and after January 1, 1993, to teach a
111	103		kindergarten program within the public school system shall be
112	104		certified in early childhood education. All teachers 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 19 96-97 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 over the age of
118	110		twelve (12) years and under the age of eighteen (18) years, and who
	111	+	has not finished completed four (4) years of high scho ol work, to
	112	+	neglect or refuse to attend and comply with the rules of some
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120		-	HB2050 HFLR Page 3
121		-	BOLD FACE denotes Committee Amendments. 1
	114	+	Req. No. 5022 Page 3 1
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146		-	has not finished completed four (4) years of high scho ol work, to
147		-	neglect or refuse to attend and comply with the rules of some
148	139		public, private or other school, or receive an education by other
149	140		means for the full term the schools of the district are in session.
150	141		Provided, that this section subsection 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 the board of
153	144		education of the district upon a certificate of the school physician
154	145		or public health physi cian, or, if no such physician is available, a
155	146		duly licensed and practicing physician;
156	147		2. If any child is excused from attendance at attending school,
157	148		due to an emergency, by the principal teacher of the school in which
158	149		such child is enrolled, at the requ est of the parent, gu ardian,
159	150		custodian or other person havi ng 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 administrator of the sc hool district where
164	155		the child attends school, and
165	156		b. the parent, guardian or custodian of the child.
166	157		Provided, further, that no child shall be excused from
167	158		attending school by such joint agreement between a
168	159		school administrator and the parent, guardian or
169	160		custodian of the chi ld 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		-	HB2050 HFLR Page 4
172		-	BOLD FACE denotes Committee Amendments. 1
	164	+	Req. No. 5022 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 until 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 absence, the
204	194		parent, guardian, or person having custody or control of the student
205	195		child submits a written request for the exc used absence. The school
206	196		district shall excuse a student child pursuant to this subsection
207	197		paragraph for the days on which the religious holy days are observed
208	198		and for the days on which the student child must travel to and from
209	199		the site where the student w ill observe the holy days; or
210	200		5. If any child is excused fr om attending school for the
211	201		purpose of participating in a military funeral honors ceremony upon
212	202		approval of the school principal .
213	203		C. It shall be unlawful for any stude nt who is eighteen (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.
219	209		Provided, that this subsection shall not 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 the school physician
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221		-	HB2050 HFLR Page 5
222		-	BOLD FACE denotes Committee Amendments. 1
	214	+	Req. No. 5022 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 the 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 administrator of the school district where
259	248		the 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 relig ious holy days if, before the absence, 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 thi s 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 participating 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 child for viol ation of
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272		-	HB2050 HFLR Page 6
273		-	BOLD FACE denotes Committee Amendments. 1
	264	+	Req. No. 5022 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 section. In the prosecution of a parent,
300		-	guardian, or other person having custody of a child for viol ation 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 person
303	291		having custody of the child has made s ubstantial and reasonable
304	292		efforts to comply with the c ompulsory attendance require ments of
305	293		this section but is unable to cause the child to attend scho ol. 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 th e 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 filing 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 Dolla rs ($50.00), or
319	307		imprisonment for not more 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		-	HB2050 HFLR Page 7
323		-	BOLD FACE denotes Committee Amendments. 1
	314	+	Req. No. 5022 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 the 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 pers on 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 condition 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 requiremen ts. The
	362	+	conditions may include, but are not limited to, the follow ing:
372	363
373		-	HB2050 HFLR Page 8
374		-	BOLD FACE denotes Committee Amendments. 1
	364	+	Req. No. 5022 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 court considers necessary
401		-	to obtain compliance with school attendance requiremen ts. The
402		-	conditions may include, but are not limited to, the follow ing:
403	389		1. Verifying attendance of the child with the school;
404	390		2. Attending meetings with school officials;
405	391		3. Taking the child to school or the bus stop;
406	392		4. Taking the child to the bus sto p Attending school if the
407	393		student is eighteen (18) years of age;
408	394		5. Attending school with the child;
409	395		6. Undergoing an evaluation for drug, alco hol, or other
410	396		substance abuse and following the recomm endations of the evaluator;
411	397		and
412	398		7. Taking the child for Transporting to or attending drug,
413	399		alcohol, or other substance abuse evaluation and following the
414	400		recommendations of the evaluator, 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 hereby
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 03/01/2023
421		-	- DO PASS, As Coauthored.
	406	+	59-1-5022 EK 11/30/22