Oklahoma 2024 Regular Session

Oklahoma Senate Bill SB1527 Compare Versions

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4		-	An Act
5		-	ENROLLED SENATE
	29	+	HOUSE OF REPRESENTATIVES - FLOOR VERSION
	30	+
	31	+	STATE OF OKLAHOMA
	32	+
	33	+	2nd Session of the 59th Legislature (2024)
	34	+
	35	+	ENGROSSED SENATE
6	36		BILL NO. 1527 By: Weaver, Treat, and Stephens
7	37		of the Senate
8	38
9	39		and
10	40
11		-	Sterling, Rosecrants, and
12		-	Roe of the House
	41	+	Sterling of the House
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16	45		An Act relating to schools; amending 70 O.S. 2021,
17	46		Section 10-105, which relates to school attendance;
18	47		updating statutory language; directing a school
19	48		district to excuse the absence of a child for the
20	49		purpose of receiving certain therapy or other service
21	50		related to an individualized education program;
22	51		requiring submission of written request for excused
23	52		absence; requiring documentation from provid er;
24	53		providing an effective date; and declaring an
25	54		emergency.
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29		-	SUBJECT: Excused absence from school
30	58
31	59		BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
32		-
33	60		SECTION 1. AMENDATORY 70 O.S. 2021, Section 10 -105, is
34	61		amended to read as follows:
35		-
36	62		Section 10-105. A. It shall be unlawful for a parent,
37	63		guardian, or other person having custody of a child who is over the
38	64		age of five (5) years , and under the age of eighteen (1 8) years, to
39	65		neglect or refuse to cause or compel such the child to attend and
40	66		comply with the rules of s ome public, private, or other school,
41	67		unless other means of education are provided for the full term the
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42	95		schools of the district are in session or the child is excused as
43	96		provided in this section. One -half (1/2) day of kinderga rten shall
44	97		be required of all children five (5) years of age or older unless
45	98		the child is excused from kindergarten attendance as provided in
46	99		this section. A child who is five (5 ) years of age shall be excused
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48		-	ENR. S. B. NO. 1527 Page 2
49	100		from kindergarten attendance until the next school year after the
50	101		child is six (6) years of a ge if a parent, guardian, or other perso n
51	102		having custody of the child notifies the superintendent of the
52	103		district where the child i s a resident by certified mail prior to
53	104		enrollment in kindergarten, or at any time during the first schoo l
54	105		year that the child is required to attend kindergarten pursuant to
55	106		this section, of election to withhold the child from kindergarten
56	107		until the next school year after the child is six (6) years of age.
57	108		A kindergarten program shall be directed toward deve lopmentally
58	109		appropriate objectives for such children. The p rogram shall require
59	110		that any teacher employed on and after January 1, 1993, to teach a
60	111		kindergarten program within the public school system shall be
61	112		certified in early childhood education. All t eachers hired to teach
62	113		a kindergarten program within the public school system prior to
63	114		January 1, 1993, shall be required to obtain certification in ea rly
64	115		childhood education on or before the 1996 -97 school year in order to
65	116		continue to teach a kindergarten program.
66		-
67	117		B. It shall be unlawful for any child who is over the age of
68	118		twelve (12) years and under the age of eighteen (18) years, and who
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69	146		has not finished four (4) years of high school work, to neglect or
70	147		refuse to attend and comply with the rules of som e public, private,
71	148		or other school, or receive an education by other means for the full
72	149		term the schools of the district are in session.
73		-
74	150		Provided, that this section shall not apply:
75		-
76	151		1. If any child is prevented from attending school by reason of
77	152		mental or physical disability, to be determined by the board of
78	153		education of the district upon a certificate of the school physician
79	154		or public health physician, or, if no such physician is available, a
80	155		duly licensed and practicing physic ian;
81		-
82	156		2. If any child is exc used from attendance at school, due to an
83	157		emergency, by the principal teacher of the school in which such the
84	158		child is enrolled, at the request of the parent, guardian,
85	159		custodian, or other person having control custody of such the child;
86		-
87	160		3. If any child who has attained his or her sixteenth birthday
88	161		is excused from attending school by written, joint agreement
89	162		between:
90		-
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92		-	ENR. S. B. NO. 1527 Page 3
93	163		a. the school administrator of the school district where
94	164		the child attends school, and
95		-
96	165		b. the parent, guardian , or custodian of the child.
97	166		Provided, further, that no child shall be excused from
98	167		attending school by such the joint agreement between a
99	168		school administrator and the parent, guar dian, or
100	169		custodian of the child unless and until it has been
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101	197		determined that such the action is for the best
102	198		interest of the child and/or the community, and that
103	199		said the child shall thereafter be under the
104	200		supervision of the parent, guardian , or custodian
105	201		until the child has reached the age o f eighteen (18)
106	202		years;
107		-
108	203		4. If any child is excused from attending s chool for the
109	204		purpose of observing religious holy days if before the absence, the
110	205		parent, guardian, or other person having custody or control of the
111	206		student child submits a written request for the excused absence.
112	207		The school district shall excuse a student child pursuant to this
113	208		subsection for the days on which th e religious holy days are
114	209		observed and for the days on which the student child must travel to
115	210		and from the site where the student child will observe the holy
116	211		days; or
117		-
118	212		5. If any child is excused f rom attending school for the
119	213		purpose of participating in a military funeral honors ceremony upon
120	214		approval of the school principal ; or
121		-
122	215		6. If any child is excused from attending school for the
123	216		purpose of receiving speech therapy, occupational therapy, or an y
124	217		other service related to the child’s individualized educat ion
125	218		program developed pursuant to the Indi viduals with Disabilities
126	219		Education Act and the parent, guardian, or other person having
127	220		custody or control of the child submits a written request for the
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128	248		excused absence. The school district s hall excuse the child
129	249		pursuant to this subsection upon receipt of documentation from the
130	250		provider of the therapy or other service.
131		-
132	251		C. It shall be the duty of the attendance officer to enforce
133	252		the provisions of this section. In the prosecution of a par ent,
134	253		guardian, or other person having custody of a child for violation of
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136		-	ENR. S. B. NO. 1527 Page 4
137	254		any provision of this section, it shall be an affirmative defense
138	255		that the parent, guardian, or other person having custody of the
139	256		child has made substantial and reasonable efforts to comply with the
140	257		compulsory attendance requirements of this section but is unable to
141	258		cause the child to attend sc hool. If the court determines the
142	259		affirmative defense is valid, it shall dismiss the complaint against
143	260		the parent, guardian, or other person having custody of the c hild
144	261		and shall notify the school attendance officer who shall refer the
145	262		child to the district attorney for the county in which the child
146	263		resides for the filing of a Child in Need of Supervision pe tition
147	264		against the child pursuant to the Oklahoma Juvenile Code.
148		-
149	265		D. Any parent, guardian, custodian, child , or other person
150	266		violating any of the provi sions of this section, upon conviction,
151	267		shall be guilty of a misdemeanor, and shall be punished as follow s:
152		-
153	268		1. For the first offense, a fine of not less than Twenty -five
154	269		Dollars ($25.00) nor more than Fifty Dollars ($50.00), or
155	270		imprisonment for not more t han five (5) days, or both such fine and
156	271		imprisonment;
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158	299		2. For the second offense, a fine of not less than Fifty
159	300		Dollars ($50.00) nor more than One Hundred Dollars ($100.00), or
160	301		imprisonment for not more than ten (10) days, or both such fine and
161	302		imprisonment; and
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163	303		3. For the third or subsequent offense, a fine of not less than
164	304		One Hundred Dollars ($100.00) no r more than Two Hundred Fifty
165	305		Dollars ($250.00), or imprison ment for not more than fifteen (15)
166	306		days, or both such fine and imprisonment.
167		-
168	307		Each day the child remains out of school after the an oral and
169	308		documented or written warning has been given to the par ent,
170	309		guardian, custodian, child , or other person or the child has been
171	310		ordered to school by the juvenile court shall constitute a separate
172	311		offense.
173		-
174	312		E. At the trial of any person charged with violating the
175	313		provisions of this section, the attendance records of the child or
176	314		ward may be presented in court by any autho rized employee of the
177	315		school district.
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181	316		F. The court may order the parent, guardian, or oth er person
182	317		having custody of the child to perform community service in lieu of
183	318		the fine set forth in this section. The court may requir e that all
184	319		or part of the community service be performed for a public school
185	320		district.
186		-
187	321		G. The court may order as a co ndition of a deferred sentence or
188	322		as a condition of sentence upon conviction of the parent, guardian,
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189	350		or other person having custody of the child any conditions as the
190	351		court considers necessary to obtain compliance with school
191	352		attendance requirements. The co nditions may include, but are not
192	353		limited to, the following:
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194	354		1. Verifying attendance of the child with t he school;
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196	355		2. Attending meetings with school officials;
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198	356		3. Taking the child to school;
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200	357		4. Taking the child to the bus stop;
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202	358		5. Attending school with the child;
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204	359		6. Undergoing an evaluation for drug, alcohol, or other
205	360		substance abuse and following the r ecommendations of the evaluator;
206	361		and
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208	362		7. Taking the child fo r drug, alcohol, or other substance abuse
209	363		evaluation and following the recommendations of t he evaluator,
210	364		unless excused by the court.
211		-
212	365		SECTION 2. This act shall become effective Ju ly 1, 2024.
213		-
214	366		SECTION 3. It being immediately necessary for the preservation
215	367		of the public peace, health , or safety, an emergency is her eby
216	368		declared to exist, by reason whereof thi s act shall take effect and
217	369		be in full force from and after i ts passage and approval.
218	370
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221		-	Passed the Senate the 13th day of February, 2024.
222		-
223		-
224		-
225		-	Presiding Officer of the Senate
226		-
227		-
228		-	Passed the House of Representatives the 17th day of April, 2024.
229		-
230		-
231		-
232		-	Presiding Officer of the House
233		-	of Representatives
234		-
235		-	OFFICE OF THE GOVERNOR
236		-	Received by the Office of the Governor this _______ _____________
237		-	day of _________________ __, 20_______, at _______ o'clock _______ M.
238		-	By: __________________________ _______
239		-	Approved by the Governor of the State of Oklahoma this _______ __
240		-	day of _________________ __, 20_______, at _______ o'clock _______ M.
241		-
242		-	_________________________________
243		-	Governor of the State of Oklahoma
244		-
245		-
246		-	OFFICE OF THE SECRETARY OF STATE
247		-	Received by the Office of the Secretary of State this _______ ___
248		-	day of _________________ _, 20 _______, at _______ o'clock _______ M.
249		-	By: _________________________________
	371	+	COMMITTEE REPORT BY: COMMITTEE ON COMMON EDUCATION, dated 04/02/2024
	372	+	- DO PASS.