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STATE OF OKLAHOMA
1st Session of the 60th Legislature (2025)
HOUSE BILL 1109 By: Pogemiller
AS INTRODUCED
An Act relating to truancy; amending 10A O.S. 2021,
Section 2-2-503, as amended by Section 2, Chapter
259, O.S.L. 2022 (10A O.S. Supp . 2024, Section 2-2-
503), which relates to disposition orders,
prohibiting detention for failure to attend school;
amending 70 O.S. 2021, Sections 10 -105, as amended by
Section 1, Chapter 128, O.S.L. 2024 and 10 -106 (70
O.S. Supp. 2024, Section 10 -105), which relate to
school attendance; adding title to misdemeanor;
mandating waiver of certain fines under certain
conditions; requiring written notice to be sent to
parents after five unexcused absences; mandating
truancy intervention requirements after certai n
absences; permitting local boards of education to
adopt pre-intervention plans; requiring school
districts to create and adopt progressive truancy
intervention plans; establishing three -tiered
requirements for progressive truancy intervention
plans; prohibiting suspension as part of a truancy
intervention plan; permitting report o f absences to
court under certain circumstances; defining evidence
of unwillingness to cooperate; establishing report
requirements; allowing court dismissal of complaints
under certain circumstances; providing an effective
date; and declaring an emergency.
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. AMENDATORY 10A O.S. 2021, Section 2 -2-503, as
amended by Section 2, Chapter 259, O.S.L. 2022 (10A O.S. Supp. 2024,
Section 2-2-503), is amended to read as follows:
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Section 2-2-503. A. The following kinds of orders of
disposition may be made in respect to children adjudicated in need
of supervision or delinquent:
1. The court may place the child on probation with or without
supervision in the home of the child, or in the custody of a
suitable person, upon such conditions as the court shall determine.
If the child is placed on probation in a county having a juvenile
bureau, the court may impose a probation fee of not more than
Twenty-five Dollars ($25.00) per month, if the court finds that the
child or parent or legal guardian of the child has the ability to
pay the fee. In counties having a juvenile bureau, the fee shall be
paid to the juvenile bureau; in all other counties, no fee shall be
paid to the Office of Juvenile Affairs;
2. If it is consistent with the welfare of the child, the child
shall be placed with the parent or legal guardian of the child, but
if it appears to the court that the conduct of such parent,
guardian, legal guardian, stepparent or other adult person living in
the home has contributed to the child becoming delinquent or in need
of supervision, the court may issue a written order specifying
conduct to be followed by such parent, guardian, legal custodian,
stepparent or other adult person living in the home with respect to
such child. The conduct specified shall be such as would reasonably
prevent the child from continuing to be delinquent or in need of
supervision.
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a. If it is consistent with the welfare of the child, in
cases where the child has been adjudicated to be in
need of supervision due to repeated absence from
school, the court may order counseling and treatment
for the child and the parents of t he child to be
provided by the local school district, the county, the
Office or a private individual or entity. Prior to
final disposition, the court shall require that it be
shown by the appropriate school district that a child
found to be truant has bee n evaluated for learning
disabilities, hearing and visual impairments and othe r
impediments which could constitute an educational
handicap or has been evaluated to determine whether
the child has a disability if it is suspected that the
child may require special education services in
accordance with the Individuals with Disabilities
Education Act (IDEA). The results of such tests shall
be made available to the court for use by the court in
determining the disposition of the case.
b. In issuing orders to a parent, guardian, legal
guardian, stepparent or other adult person living in
the home of a child adjudicated to be a delinquent
child or in making other disposition of said
delinquent child, the court may consider the testimony
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of said parent, guardian, le gal guardian, stepparent
or other adult person concerning the behavior of the
juvenile and the ability of such person to exercise
parental control over the behavior of the juvenile.
c. In any dispositional order involving a child age
sixteen (16) or older, the court shall make a
determination, where appropriate, of the services
needed to assist the child to make the transition to
independent living.
d. No child who has been adjudicated in need of
supervision only upon the basis of truancy or
noncompliance with the mandatory school attendance law
shall be placed in a public or private institutional
facility or be removed from the custody of the lawful
parent, guardian or custodian of the child.
e. Nothing in the Oklahoma Juvenile Code or the Oklahoma
Children's Code may be construed to prevent a child
from being adjudicated both depriv ed and delinquent if
there exists a factual basis for such a finding;
3. The court may commit the child to the custody of a private
institution or agency, including any institut ion established and
operated by the county, authorized to care for children or to place
them in family homes. In committing a child to a private
institution or agency, the court shall select one that is licensed
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by any state department supervising or lice nsing private
institutions and agencies; or, if such institution or agency is in
another state, by the analogous department of that state. Whenever
the court shall commit a child to any institution or agency, it
shall transmit with the order of commitment a summary of its
information concerning the child, and such institution or agency
shall give to the court such information concerning the child as the
court may at any time require ;
4. The court may order the child to receive counseling or other
community-based services as necessary ;
5. The court may commit the child to the custo dy of the Office
of Juvenile Affairs. Any order adjudicating the child to be
delinquent and committing the child to the Office of Juvenile
Affairs shall be for an indeterminate period of time;
6. If the child has been placed outside the home, and it
appears to the court that the parent, guardian, legal custodian, or
stepparent, or other adult person living in the home has contributed
to the child becoming delinquent or in need o f supervision, the
court may order that the parent, guardian, legal custodian,
stepparent, or other adult living in the home be made subject to any
treatment or placement plan prescribed by the Office or other person
or agency receiving custody of the chil d;
7. With respect to a child adjudicated a delinquent child, the
court may:
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a. for acts involving criminally injurious conduct as
defined in Section 142.3 of Title 21 of the Oklahoma
Statutes, order the child to pay a victim compensation
assessment in an amount not to exceed that amount
specified in Section 142.18 of Title 21 of t he
Oklahoma Statutes. The court shall forward a copy of
the adjudication order to the Crime Victims
Compensation Board for purposes of Section 142.11 of
Title 21 of the Oklahoma Statutes. Except as
otherwise provided by law, such adjudication order
shall be kept confidential by the Board,
b. order the child to engage in a term of community
service without compensation. The state or any
political subdivision shall not be liable if a loss or
claim results from any acts or omission of a child
ordered to engage in a term of community service
pursuant to the provisions of this paragraph,
c. order the child, the parent or parents of the child,
legal guardian of the child, or both the child and the
parent or parents of the child or legal guardian at
the time of the delinquent act of the child to make
full or partial restitution to the victim of the
offense which resulted in property damage or personal
injury.
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(1) The court shall notify the victim of the
dispositional hearing. The court may consider a
verified statement from the victim concerning
damages for injury or loss of property and actual
expenses of medical treatment for personal
injury, excluding pain and suffering. If
contested, a restitution hearing to determine the
liability of the child, the parent or parents of
the child, or legal guardian shall be held not
later than thirty (30) days after the disposition
hearing and may be extended by the court for good
cause. The parent or parents of the child or
legal guardian may be represented by an attorney
in the matter of the order for remittance of the
restitution by the parent or parents of the child
or legal guardian. The burden of proving that
the amount indicated on the verif ied statement is
not fair and reasonable shall be on the person
challenging the fairness and reasonableness of
the amount.
(2) Restitution may consist of monetary reimbursement
for the damage or injury in the form of a lump
sum or installment payments afte r the
consideration of the court of the nature of the
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offense, the age, physic al and mental condition
of the child, the earning capacity of the child,
the parent or parents of the child, or legal
guardian, or the ability to pay, as the case may
be. The payments shall be made to such official
designated by the court for distribution to the
victim. The court may also consider any other
hardship on the child, the parent or parents of
the child, or legal guardian and, if consistent
with the welfare of the chi ld, require community
service in lieu of restitution or require both
community service and full or partial restitution
for the acts of delinquency by the child.
(3) A child who is required to pay restitution and
who is not in willful default of the payment of
restitution may at any time request the court to
modify the method of payment. If the court
determines that payment under the order will
impose a manifest hardship on the child, the
parent or parents of the child, or legal
guardian, the court may modi fy the method of
payment.
(4) If the restitution is not being paid as ordered,
the official designated by the court to collect
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and disburse the restitution ordered shall file a
written report of the violation with the court.
The report shall include a sta tement of the
amount of the arrearage and any reasons for the
arrearage that are known by the official. A copy
of the report shall be provided to all parties
and the court shall promptly take any action
necessary to compel compliance.
(5) Upon the juvenile attaining eighteen (18) years
of age, the court shall determine whether the
restitution order has been satisfied. If the
restitution order has not been satisfied, the
court shall enter a judgment of restitution in
favor of each person entitled to restit ution for
the unpaid balance of any restitution ordered
pursuant to this subparagraph. The clerk of the
court shall send a copy of the judgment of
restitution to each person who is entitled to
restitution. The judgment shall be a lien
against all property of the individual or
individuals ordered to pay restitution and may be
enforced by the victim or any other person or
entity named in the judgment to receive
restitution in the same manner as enforcing
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monetary judgments. The restitution judgment
does not expire until paid in full and is deemed
to be a criminal penalty for the purposes of a
federal bankruptcy involving the child,
d. order the child to pay the fine which would have been
imposed had such child been convicted of such crime as
an adult. Any such fine collected pursuant to this
paragraph shall be deposited in a special Work
Restitution Fund to be established by the court to
allow children otherwise unable to pay restitution to
work in community service projects in the private or
public sector to earn money to compensate their
victims,
e. order the cancellation or denial of driving privileges
as provided by Sections 6 -107.1 and 6-107.2 of Title
47 of the Oklahoma Statutes,
f. sanction detention in the residence of the child or
facility designated by the Office of Juvenile Affairs
or the juvenile bureau for such purpose fo r up to five
(5) days, order weekend detention in a place other
than a juvenile detention facility or shelter,
tracking, or house arrest with electronic monitoring,
and
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g. impose consequences, including detention as provided
for in subparagraph f of this paragraph, for
postadjudicatory violations of probation ;
8. The court may order the child to participate in the Juvenile
Drug Court Program;
9. The court may dismiss the petitio n or otherwise terminate
its jurisdiction at any time for good cause shown ; and
10. In any dispositional order removing a child from the home
of the child, the court shall, in addition to the findings required
by Section 2-2-105 of this title, make a dete rmination that, in
accordance with the best interests of the child and the protection
of the public, reasonable efforts have been made to provide for the
return of the child to the home of the child, or that efforts to
reunite the family are not required a s provided in Section 2 -2-105
of this title, and reasonable efforts are being made to finalize an
alternate permanent placement for the child.
B. Prior to adjudication or as directed by a law enforcement
subpoena or court order, a school district may disc lose educational
records to the court or juvenile justice system for purposes of
determining the ability of the juvenile justice system to
effectively serve a child. Any disclosure of educational records
shall be in accordance with the requirements of the Family
Educational Rights and Privacy Act of 1974 (FERPA). If the parent,
guardian, or custodian of a child adjudicated a delinquent child
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asserts that the child has approval not to attend school pursuant to
Section 10-105 of Title 70 of the Oklahoma Sta tutes, the court or
the Office of Juvenile Affairs may require the parent to provide a
copy of the written, joint agreement to that effect between the
school administrator of the school district where the child attends
school and the parent, guardian, or c ustodian of the child.
C. With respect to a child adjudicated a delinquent ch ild for a
violent offense, within thirty (30) days of the date of the
adjudication either the juvenile bureau in counties which have a
juvenile bureau or the Office of Juvenile A ffairs in all other
counties shall notify the superintendent of the school district in
which the child is enrolled or intends to enroll of the delinquency
adjudication and the offense for which the child was adjudicated.
D. No child who has been adjudicat ed in need of supervision may
be placed in a secure facility.
E. No child charged in a state or municipal court with a
violation of state or municipal traffic laws or ordinances, or
convicted therefor, may be incarcerated in jail for the violation
unless the charge for which the arrest was made would constitute a
felony if the child were an adult. Nothing contained in this
subsection shall prohibit the detention of a juvenile for traffic -
related offenses prior to the filing of a petition in the district
court alleging delinquency as a result of the acts and nothing
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contained in this section shall prohibit detaining a juvenile
pursuant to Section 2 -2-102 of this title.
F. The court may revoke or modify a disposition order and may
order redisposition. The child whose disposition is being
considered for revocation or modification at said hearing shall be
afforded the following rights:
1. Notice by the filing of a motion for redisposition by the
district attorney. The motion shall be served on the child and the
parent or legal guardian of the child at least five (5) business
days prior to the hearing;
2. The proceedings shall be heard without a jury and shall
require establishment of the facts alleged by a preponderance of the
evidence;
3. During the proce eding, the child shall have the right to be
represented by counsel, to present evidence, and to confront any
witness testifying against the child;
4. Any modification, revocation or redisposition removing the
child from the physical custody of a parent or guardian shall be
subject to review on appeal, as in other appeals of delinqu ent
cases;
5. If the child is placed in secure detention, bail may be
allowed pending appeal; and
6. The court shall not enter an order removing the child from
the custody of a parent or legal guardian pursuant to this section
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unless the court first finds that reasonable efforts have been made
to maintain the family unit and prevent the unnecessary removal of
the child from the home of the child or that an emergency exists
which threatens the safety of the child and that:
a. such removal is necessary to p rotect the public,
b. the child is likely to sustain harm if not immediately
removed from the home,
c. allowing the child to remain in the home is contrary
to the welfare of the child, or
d. immediate placement of the child is in the best
interests of the child.
The court shall state in the record that such considerations
have been made. Nothing in this section shall be interpreted to
limit the authority or discretion of the agen cy providing probation
supervision services to modify the terms of probation i ncluding, but
not limited to, curfews, imposing community service, or any
nondetention consequences.
G. A willful violation of any provision of an order of the
court issued under the provisions of the Oklahoma Juvenile Code
shall constitute indirect contempt of court and shall be punishable
by a fine not to exceed Three Hundred Dollars ($300.00) or, as to a
delinquent child, placement in a juvenile detention center for not
more than ten (10) days, or by both such fine and detention.
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Notwithstanding the p rovisions of this subsection, a child shall
not be placed into detention for a violation of a valid court order
that compels them to attend school.
SECTION 2. AMENDATORY 70 O.S. 2021, Section 10 -105, as
amended by Section 1, Chapter 128, O.S.L. 2024 (70 O.S. Supp. 2024,
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 the child to attend and comply
with the rules of some public, private, or other school, unless
other means of educat ion 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 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) years 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 resident 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
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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 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 sc hool system prior to
January 1, 1993, shall be required to obtain certificatio n 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 a ge 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,
or other school, or receive an education by oth er 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 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 such physician is available, a
duly licensed and practicing physician;
2. If any child is excused from attendance at school, due to an
emergency, by the princi pal teacher of the school in which the child
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is enrolled, at the request of th e parent, guardian, custodian, or
other person having custody of the child;
3. If any child who has attained his or her sixteenth birthday
is excused from attending school by wr itten, 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 the joint agreement between a
school administrator and the parent, guardian, or
custodian of the child unless and until it has been
determined that the action is for the best interest of
the child and/or the community, and that the child
shall thereafter be under t he 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 other person having custody or control of the
child submits a written requ est for the excused absence. The school
district shall excuse a child pursuant to this subsection for the
days on which the religious holy days are observed and for the days
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on which the child must travel to and from the site where the child
will observe the holy days;
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 Individuals 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 shall excuse the child
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 attendanc e officer to enforce
the provisions of this section. In the prosecution of a parent,
guardian, or other person having custody of a child for violation of
any provision of this s ection, 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 val id, it shall dismiss the complaint against
the parent, guardian, or other person having custody of the child
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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 offense of educational neglect , and
shall be punished as follows:
1. For the first offense, a fine not less than Twenty -five
Dollars ($25.00) nor more than Fifty Dol lars ($50.00), or
imprisonment for not more than five (5) days, or both such fine and
imprisonment;
2. For the second offense, a fine 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 subsequ ent offense, a fine 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 an oral and
documented or written warning has been given to the parent,
guardian, custodian, child, or other person or the child has been
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ordered to school by the juvenile court shall constitute a separate
offense.
E. At the trial of any person charged with vi olating the
provisions of this section, the attendance records of the child or
ward may be presented in court by any authorized 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 require that all
or part of the community service be performed for a public school
district.
G. The court may order as a condition of a deferred sentence or
as a condition of sentence upon conviction of the parent, guardian,
or other person having custody of the child any conditions as the
court considers necessary to obtain compliance with scho ol
attendance requirements. The conditions may include, but are not
limited to, the following:
1. Verifying attendance of the child with the school;
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;
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6. Undergoing an evaluation f or drug, alcohol, or other
substance abuse and following the recommendations of the evaluator;
and
7. Taking the child for drug, alcohol, or other substance abuse
evaluation and following the recommendations of the evaluator,
unless excused by the court.
H. Upon successful completion of the conditions of a deferred
sentence or a condition of sentence upon conviction set out in
subsection G of this section, and upon a determinati on by the court
that the child has been in substantial compliance with school
attendance requirements set out in this section, any fine imposed
under subsection D of this section shall be waived.
SECTION 3. AMENDATORY 70 O.S. 2021 , Section 10-106, is
amended to read as follows:
Section 10-106. A. It shall be the duty of the principal or
head teacher of each public, private or other school in the State of
Oklahoma to keep a full and complete record of the attendance of all
children at such school and to notify the attendance officer of the
district in which such school is located of the absence of such
children from the school together with the causes thereof, if known;
and it shall be the duty of any parent, guardian or other pers on
having charge of any child of compulsory attendance age to notify
the child's teacher concerning the cause of any absences of such
child. It shall be the duty of the principal or head teacher to
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notify the parent, guardian or responsible person of the absence of
the child for any part of the school day, unless the parent,
guardian or other responsible person notifies the principal or head
teacher of such absence. Such attendance officer and teacher shall
be required to report to the school health offic er all absences on
account of illness with such information respecting the same as may
be available by report or investigation; and the attendance officer
shall, if justified by the circumstances, promptly give to the
parent, guardian or custodian of any c hild who has not complied with
the provisions of this article oral and documen ted or written
warning to the last-known address of such person that the attendance
of such child is required at some public, private or other school as
herein provided. If with in five (5) days after the warning has been
received, the parent, guardian or custodian of such child does not
comply with the provisions of this article, then such attendance
officer shall make complaint against the parent, guardian or
custodian of such child in a court of competent jurisdiction for
such violation, which violation shall be a misdemeanor. If a child
is absent without valid excuse four (4) or more days or parts of
days within a four-week period or is absent without valid excuse for
ten (10) or more days or parts of days within a semester, the
attendance officer shall notify the parent, guardian or custodian of
the child and immediately report such absences to the district
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attorney in the county wherein the school is located for juvenile
proceedings pursuant to Title 10A of the Oklahoma Statutes.
B. When a student accumulates five (5) days of unexcused
absences, the school administrator or attendance officer shall
serve, or cause to be served, upon the parent, guardian, or other
person having custody of a child subject to compulsory attendance
who is unlawfully absent from school, written notice that the
child's attendance at school is required by law. The school
administrator or attendance officer shall send a new notice after
each successive accumulation of five (5) unexcused absences.
1. After the child has accumul ated five (5) unexcused absences,
and after given adequate time, as determined by a school
administrator or attendance officer, the child 's parent, guardian,
or other person havi ng custody of the child has failed to turn in
documentation to excuse those absences, the director of schools or
attendance supervisor shall implement the first tier of the
progressive truancy intervention requirements as described in
subsections C and D o f this section;
2. Nothing in this section shall prohibit a local board of
education from adopting a truancy intervention plan that includes
intervention actions to be taken before the actions required by this
subsection;
C. On or before November 1, 2025 , every school district
superintendent shall devise and recommend a progressive truancy
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intervention plan for students who violate compulsory attendance
requirements prior to the filing of a truancy petition or a criminal
prosecution for educational neglec t. These interventions shall be
designed to address student conduct related t o truancy in the school
setting and minimize the need for referrals to district court. Each
local board of education shall adopt the recommended truancy
intervention plan presen ted by the district superintendent.
D. Progressive truancy intervention plans adopted by local
boards of education pursuant to subsection C of this section shall
be applied prior to referral to a district court as described in
Section 10-105 of this title. Progressive truancy intervention
plans shall meet the following requirement s:
1. Tier one of the progressive truancy intervention plan shall
include, at a minimum:
a. a conference involving, the student, the parent,
guardian, or other person having cu stody of the
student, a representative of the school, and a teacher
of the student. If the student is served under an
Individualized Education Program (IEP), the student 's
special education teacher or a representative of the
school or district's special education services shall
also be in attendance. If a student is homeless, as
defined under the McKinney -Vento Homeless Assistance
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Act, the district's designated homeless liaison or a
representative shall also be in attendance,
b. a resulting attendance con tract to be signed by the
student, the parent, guardian, or other person having
custody of the student, and an attendance supervisor
or designee. The contract shall include:
(1) a specific description of the school 's attendance
expectations for the studen t,
(2) the period for which the contract is in effect,
and
(3) penalties for additional absences and alleged
school offenses, including additional
disciplinary action, and
c. regularly scheduled follow -up meetings, involving the
student, the parent, guardi an, or other person having
custody of the student, a representative of the
school, and a teacher of the student to discuss the
student's progress. If the student is served under an
Individualized Education Program (IEP), the student 's
special education te acher or a representative of the
school or district's special education servic es shall
also be in attendance. If a student is homeless, as
defined under the McKinney -Vento Homeless Assistance
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Act, the district's designated homeless liaison or a
representative shall also be in attendance.
2. Tier two shall be implemented upon a student 's accumulation
of additional unexcused absences in violation of the attendance
contract required under tier one. Tier two shall include an
individualized assessment by a sc hool employee of the reasons a
student has been absent from school, and if nec essary, referral of
the child, the parent or guardian, or both to counseling, community -
based services, or other in -school or out-of-school services aimed
at addressing the stude nt's attendance problems; and
3. Tier three shall be implemented if the truancy interventions
under tier two are unsuccessful. Tier three may consist of one (1)
or more of the following:
a. school-based community services;
b. participation in a school -based restorative justice
program; and
c. Saturday or after school courses desig ned to improve
attendance and behavior.
E. In-school suspension or out -of-school suspension shall not
be used as part of the progressive truancy intervention plans
adopted by school districts for unexcused absences from class or
school.
F. 1. Notwithstanding subsections D and G of this section, if
any tier of a progressive truancy intervention plan is unsuccessful
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with a student and the school can document that the student 's parent
or guardian is unwilling to cooperate in the truancy intervention
plan, then the district superintendent or attendance officer may
report the student's absences to the appropriate judge pursuant to
subsection G of this section without first having to implement
subsequent tiers, if any;
2. For purposes of this subsection, evidence of a parent 's or
guardian's unwillingness to cooperate in the truancy intervention
plan includes, but is not limited to, a parent 's or guardian's
failure or refusal, on multi ple occasions, to attend conferences,
return telephone calls, attend follow -up meetings, enter into an
attendance contract, or actively participate in any of the tiers of
intervention outlined in subsection D of this section or in the
local board of educat ion's progressive truancy intervention plan.
G. If a local education agency (LEA) has applied a progressive
truancy intervention plan that complies with subsection D of this
section, and interventions under the plan have failed to
meaningfully address th e student's school attendance, the district
superintendent, after written noti ce to the parent, guardian, or
other person having legal custody of the student, may report the
parent or guardian of the student, who is unlawfully absent from
school, to the appropriate court in the county or to the Department
of Human Services or both.
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H. Each referral to district court for conduct described in
subsection G of this section shall be accompanied by a statement
from the student's school, supported by appropriate documentation,
certifying that:
1. The school applied the progressive truancy intervention plan
adopted under subsection D for the student; and
2. The progressive truancy interventions failed to meaningfully
address the student's school attendance.
I. A court shall dismiss a complaint or referral made by an LEA
under this section that is not made in compliance with subsection H
of this section.
SECTION 4. This act shall become effective July 1, 2025.
SECTION 5. It being immediately necessary for the preservation
of the public peace, health or safe ty, an emergency is hereby
declared to exist, by reason whereof this act shall take effect and
be in full force from and after its passage and approval.
60-1-11025 SW 12/19/24