1 STATE OF OKLAHOMA
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2 2nd Session of the 59th Legislature (2024)
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3 SENATE BILL 1527 By: Weaver
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6 AS INTRODUCED
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7 An Act relating to schools; amending 70 O.S. 2021,
7 Section 10-105, which relates to school attendance;
8 updating statutory language; directing a school
8 district to excuse the absence of a child for the
9 purpose of receiving certain therapy or other service
9 related to an individualized education program;
10 requiring submission of written request for excused
10 absence; requiring documentation from provider;
11 providing an effective date; and declaring an
11 emergency.
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14 BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
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15 SECTION 1. AMENDATORY 70 O.S. 2021, Section 10-105, is
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16 amended to read as follows:
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17 Section 10-105. A. It shall be unlawful for a parent,
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18 guardian, or other person having custody of a child who is over the
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19 age of five (5) years, and under the age of eighteen (18) years, to
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20 neglect or refuse to cause or compel such the child to attend and
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21 comply with the rules of some public, private, or other school,
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22 unless other means of education are provided for the full term the
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23 schools of the district are in session or the child is excused as
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24 provided in this section. One-half (1/2) day of kindergarten shall
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 1 be required of all children five (5) years of age or older unless
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2 the child is excused from kindergarten attendance as provided in
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3 this section. A child who is five (5) years of age shall be excused
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4 from kindergarten attendance until the next school year after the
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5 child is six (6) years of age if a parent, guardian, or other person
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6 having custody of the child notifies the superintendent of the
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7 district where the child is a resident by certified mail prior to
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8 enrollment in kindergarten, or at any time during the first school
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9 year that the child is required to attend kindergarten pursuant to
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10 this section, of election to withhold the child from kindergarten
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11 until the next school year after the child is six (6) years of age.
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12 A kindergarten program shall be directed toward developmentally
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13 appropriate objectives for such children. The program shall require
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14 that any teacher employed on and after January 1, 1993, to teach a
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15 kindergarten program within the public school system shall be
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16 certified in early childhood education. All teachers hired to teach
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17 a kindergarten program within the public school system prior to
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18 January 1, 1993, shall be required to obtain certification in early
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19 childhood education on or before the 1996-97 school year in order to
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20 continue to teach a kindergarten program.
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21 B. It shall be unlawful for any child who is over the age of
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22 twelve (12) years and under the age of eighteen (18) years, and who
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23 has not finished four (4) years of high school work, to neglect or
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24 refuse to attend and comply with the rules of some public, private,
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 1 or other school, or receive an education by other means for the full
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2 term the schools of the district are in session.
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3 Provided, that this section shall not apply:
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4 1. If any child is prevented from attending school by reason of
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5 mental or physical disability, to be determined by the board of
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6 education of the district upon a certificate of the school physician
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7 or public health physician, or, if no such physician is available, a
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8 duly licensed and practicing physician;
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9 2. If any child is excused from attendance at school, due to an
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10 emergency, by the principal teacher of the school in which such the
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11 child is enrolled, at the request of the parent, guardian,
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12 custodian, or other person having control custody of such the child;
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13 3. If any child who has attained his or her sixteenth birthday
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14 is excused from attending school by written, joint agreement
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15 between:
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16 a. the school administrator of the school district where
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17 the child attends school, and
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18 b. the parent, guardian, or custodian of the child.
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19 Provided, further, that no child shall be excused from
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20 attending school by such the joint agreement between a
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21 school administrator and the parent, guardian, or
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22 custodian of the child unless and until it has been
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23 determined that such the action is for the best
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24 interest of the child and/or the community, and that
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 1 said the child shall thereafter be under the
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2 supervision of the parent, guardian, or custodian
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3 until the child has reached the age of eighteen (18)
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4 years;
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5 4. If any child is excused from attending school for the
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6 purpose of observing religious holy days if before the absence, the
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7 parent, guardian, or other person having custody or control of the
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8 student child submits a written request for the excused absence.
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9 The school district shall excuse a student child pursuant to this
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10 subsection for the days on which the religious holy days are
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11 observed and for the days on which the student child must travel to
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12 and from the site where the student child will observe the holy
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13 days; or
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14 5. If any child is excused from attending school for the
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15 purpose of participating in a military funeral honors ceremony upon
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16 approval of the school principal; or
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17 6. If any child is excused from attending school for the
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18 purpose of receiving speech therapy, occupational therapy, or any
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19 other service related to the child’s individualized education
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20 program developed pursuant to the Individuals with Disabilities
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21 Education Act and the parent, guardian, or other person having
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22 custody or control of the child submits a written request for the
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23 excused absence. The school district shall excuse the child
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 1 pursuant to this subsection upon receipt of documentation from the
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2 provider of the therapy or other service.
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3 C. It shall be the duty of the attendance officer to enforce
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4 the provisions of this section. In the prosecution of a parent,
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5 guardian, or other person having custody of a child for violation of
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6 any provision of this section, it shall be an affirmative defense
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7 that the parent, guardian, or other person having custody of the
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8 child has made substantial and reasonable efforts to comply with the
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9 compulsory attendance requirements of this section but is unable to
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10 cause the child to attend school. If the court determines the
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11 affirmative defense is valid, it shall dismiss the complaint against
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12 the parent, guardian, or other person having custody of the child
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13 and shall notify the school attendance officer who shall refer the
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14 child to the district attorney for the county in which the child
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15 resides for the filing of a Child in Need of Supervision petition
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16 against the child pursuant to the Oklahoma Juvenile Code.
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17 D. Any parent, guardian, custodian, child, or other person
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18 violating any of the provisions of this section, upon conviction,
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19 shall be guilty of a misdemeanor, and shall be punished as follows:
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20 1. For the first offense, a fine of not less than Twenty-five
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21 Dollars ($25.00) nor more than Fifty Dollars ($50.00), or
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22 imprisonment for not more than five (5) days, or both such fine and
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23 imprisonment;
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 1 2. For the second offense, a fine of not less than Fifty
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2 Dollars ($50.00) nor more than One Hundred Dollars ($100.00), or
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3 imprisonment for not more than ten (10) days, or both such fine and
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4 imprisonment; and
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5 3. For the third or subsequent offense, a fine of not less than
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6 One Hundred Dollars ($100.00) nor more than Two Hundred Fifty
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7 Dollars ($250.00), or imprisonment for not more than fifteen (15)
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8 days, or both such fine and imprisonment.
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9 Each day the child remains out of school after the an oral and
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10 documented or written warning has been given to the parent,
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11 guardian, custodian, child, or other person or the child has been
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12 ordered to school by the juvenile court shall constitute a separate
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13 offense.
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14 E. At the trial of any person charged with violating the
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15 provisions of this section, the attendance records of the child or
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16 ward may be presented in court by any authorized employee of the
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17 school district.
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18 F. The court may order the parent, guardian, or other person
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19 having custody of the child to perform community service in lieu of
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20 the fine set forth in this section. The court may require that all
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21 or part of the community service be performed for a public school
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22 district.
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23 G. The court may order as a condition of a deferred sentence or
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24 as a condition of sentence upon conviction of the parent, guardian,
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 1 or other person having custody of the child any conditions as the
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2 court considers necessary to obtain compliance with school
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3 attendance requirements. The conditions may include, but are not
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4 limited to, the following:
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5 1. Verifying attendance of the child with the school;
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6 2. Attending meetings with school officials;
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7 3. Taking the child to school;
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8 4. Taking the child to the bus stop;
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9 5. Attending school with the child;
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10 6. Undergoing an evaluation for drug, alcohol, or other
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11 substance abuse and following the recommendations of the evaluator;
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12 and
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13 7. Taking the child for drug, alcohol, or other substance abuse
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14 evaluation and following the recommendations of the evaluator,
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15 unless excused by the court.
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16 SECTION 2. This act shall become effective July 1, 2024.
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17 SECTION 3. It being immediately necessary for the preservation
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18 of the public peace, health, or safety, an emergency is hereby
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19 declared to exist, by reason whereof this act shall take effect and
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20 be in full force from and after its passage and approval.
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22 59-2-2675 EB 12/28/2023 3:28:57 PM
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