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STATE OF OKLAHOMA
2nd Session of the 59th Legislature (2024)
SENATE BILL 1527 By: Weaver
AS INTRODUCED
An Act relating to schools; amending 70 O.S. 2021,
Section 10-105, which relates to school attendance;
updating statutory language; directing a school
district to excuse the absence of a child for the
purpose of receiving certain therapy or other service
related to an individualized education program ;
requiring submission of written request for excused
absence; requiring documentation from provider;
providing an effective date; 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 (18) years , to
neglect or refuse to cause or compel such the child to attend and
comply with the rules of some public, private , or other school,
unless other means of educ ation are provided for the full term the
schools of the district are in session or the child is excused as
provided in this section. One -half (1/2) day of kinderga rten shall
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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) years of age shall be excused
from kindergarten attendance until the next school year af ter the
child is six (6) years of a ge 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 direc ted toward developmentally
appropriate objectives for such children. The progr am shall require
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 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 child who is over the age of
twelve (12) years and under the age of eighteen (18) years, and who
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 ,
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or other 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:
1. If any child is prevented from attending school by reas on 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, i f no such physician is available, a
duly licensed and practicing physic ian;
2. If any child is excused from attendan ce at school, due to an
emergency, by the principal teacher of the school in which such the
child is enrolled, at the request of the parent, guardian,
custodian, or other person having control custody of such the 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 school 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 the joint agreement between a
school administrator and the parent, guardian , or
custodian of the child unless and until it has been
determined that such the action is for the best
interest of the child and/or the community, and that
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said the child shall thereafter be under the
supervision of the parent, guardian , or custodian
until the child has reached the age o f eighteen (18)
years;
4. If any child is excused f rom attending school for the
purpose of observing religious holy days if before the absence, the
parent, guardian, or other person having custody or control of the
student child submits a written request for the excused absence.
The school district shall excuse a student child pursuant to this
subsection for the days on which the re ligious holy days are
observed and for the days on which the student child must travel to
and from the site where the student child will observe the holy
days; or
5. If any child is excused from attending school for the
purpose of participating in a military funeral honors ceremony upon
approval of the school principal ; or
6. If any child is excused from attending school for the
purpose of receiving speech therapy, occupational therapy, or any
other service related to the child’s individualized education
program developed pursuant to the Indi viduals with Disabilities
Education Act and the parent, guardian, or other person having
custody or control of the child submits a written request for the
excused absence. The school district s hall excuse the child
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pursuant to this subsection upon receipt of documentation from the
provider of the therapy or other service .
C. It shall be the duty of the attendance officer to enforce
the provisions of this section. In the prosecution of a par ent,
guardian, or other per son having custody of a child for violation of
any provision of this section, it shall be an affirmative defense
that the parent, guardian, or other person having custody of the
child has made substantial and reasonable efforts to comply with the
compulsory attendance requirements of this section but is unable to
cause the child to attend school. If the court determines the
affirmative defense is valid, it shall dismiss the comp laint 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 filing of a Child in Need of Supervision petition
against the child pursuant to the Oklahoma Juvenile Code.
D. Any parent, guardian, custodian, child , or other person
violating any of the provisions of this section, upon conviction,
shall be guilty of a misdemeanor, and shall be pun ished 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 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 Fifty
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 more 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 remains out of school after the an oral and
documented or written warning has been g iven to the parent,
guardian, custodian, child , or other person or the child has been
ordered to school by the juvenile court shall constitute a separate
offense.
E. At the trial of any person charged with violating the
provisions of this section, the att endance records of the child or
ward may be presented in court by any authorize d employee of the
school district.
F. The court may order the 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 requir e that all
or part of the community service be performed for a public school
district.
G. The court may order as a co ndition of a deferred sentence or
as a condition of sentence upon conviction of the parent, g uardian,
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or other person having custody of the child any conditions as the
court considers necessary to obtain compliance with school
attendance requirements. The conditions may include, but are not
limited to, the following:
1. Verifying attendance of t he 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 recommendations of the evaluator;
and
7. Taking the child for dr ug, alcohol, or other substance abuse
evaluation and following the recommendations of the evaluator,
unless excused by the court.
SECTION 2. This act shall beco me effective July 1, 2024.
SECTION 3. It being immediately necessary for the preservation
of the public peace, health , or safety, an emergency is hereby
declared to exist, by reason whereof thi s act shall take effect and
be in full force from and after its passage and approval.
59-2-2675 EB 12/28/2023 3:28:57 PM