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HOUSE OF REPRESENTATIVES - FLOOR VERSION
STATE OF OKLAHOMA
1st Session of the 59th Legislature (2023)
HOUSE BILL 2050 By: Hardin of the House
and
Pemberton of the Senate
AS INTRODUCED
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 years of age; providing
exceptions; prescribing punishment for violations ;
and declaring an emergency.
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. AMENDATORY 70 O.S. 2021, 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) years, and under the age of eighteen (1 8) years, to
neglect or refuse to caus e or compel such child to attend and comply
with the rules of some public, private or other school, unless other
means of education are pr ovided 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 unless the child is
excused from kindergarten attendance as provided in this section. A
child who is five (5) yea rs 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, or other person
having custody of the child notifies the superintendent of the
district where the child is a r esident by certified mail prior to
enrollment in kindergarten, or at any time during the first school
year that the child is required to attend kindergarten 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 developmentally
appropriate objectives for such children. The program shall req uire
that any teacher employed on and after January 1, 1993, to teach a
kindergarten program within the public school system shall be
certified in early childhood education. All teachers hired to teach
a kindergarten program within the public school syste m prior to
January 1, 1993, shall be required to obtain certification in early
childhood education on or before the 19 96-97 school year in order to
continue to teach a kindergarten program.
B. It shall be unlawful for any child 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 completed four (4) years of high scho ol work, to
neglect or refuse to attend and comply with the rules of some
public, private or other school, or receive an education by othe r
means for the full term the schools of the district are in session.
Provided, that this section subsection shall not apply:
1. If any child is prevented from attending school by reason of
mental or physical disability, to be determined by the board of
education of the district upon a certificate of the school physician
or public health physi cian, or, if no such physician is available, a
duly licensed and practicing physician;
2. If any child is excused from attendance at attending school,
due to an emergency, by the principal teacher of the school in which
such child is enrolled, at the requ est of the parent, gu ardian,
custodian or other person havi ng 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 administrator of the sc hool district where
the child attends school, and
b. the parent, guardian or custodian of the child.
Provided, further, that no child shall be excused from
attending school by such joint agreement between a
school administrator and the parent, guardian or
custodian of the chi ld 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 until 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 absence, the
parent, guardian, or person having custody or control of the student
child submits a written request for the exc used absence. The school
district shall excuse a student child pursuant to this subsection
paragraph for the days on which the religious h oly days are observed
and for the days on which the student child must travel to and from
the site where the student w ill observe the holy days; or
5. If any child is excused fr om attending school for the
purpose of participating in a military funeral hon ors ceremony upon
approval of the school principal .
C. It shall be unlawful for any stude nt who is eighteen (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 subsection 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 the 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 attending 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 administrator 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 relig ious holy days if, before the absence, the
student submits a writ ten request for the excuse d absence. The
school district shall excuse a student pursuant to thi s 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 participating 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 section. In the prosecution of a parent,
guardian, or other person having custody of a child for viol ation of
any provision subsection A or B of this section, it shall be an
affirmative defense that the parent, guardian, or other person
having custody of the child has made s ubstantial and reasonable
efforts to comply with the c ompulsory attendance require ments of
this section but is unable to cause the child to attend scho ol. If
the court determines the affirmative defense is valid, it sha ll
dismiss the complaint against the parent, guardian, or other person
having custody of the child and shall notify th e school attendance
officer who shall refer the child to the district attorney for the
county in which the child resides for the filing 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, upo n 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 Dolla rs ($50.00), or
imprisonment for not more 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 less 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 violating the
provisions of this section, the attendance records of the 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 pers on 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 district.
G. H. The court may order as a condition 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 court considers necessary
to obtain compliance with school attendance requiremen ts. The
conditions may include, but are not limited to, the follow ing:
1. Verifying attendance of the child with the school;
2. Attending meetings with school officials;
3. Taking the child to school or the bus stop;
4. Taking the child to the bus sto p Attending school if the
student is eighteen (18) years of age;
5. Attending school with the child;
6. Undergoing an evaluation for dru g, alcohol, or other
substance abuse and following the recomm endations of the evaluator;
and
7. Taking the child for Transporting to or attending drug,
alcohol, or other substance abuse evaluation and following the
recommendations of the evaluator, unless excused by the court.
SECTION 2. It being immediately necessary for the preservation
of the public peace, health or safety, an emergency is hereby
declared to exist, by reason whereof this act shall take effect and
be in full force from a nd after its passage an d approval.
COMMITTEE REPORT BY: COMMITTEE ON COMMON EDUCATION, dated 03/01/2023
- DO PASS, As Coauthored.