Staff Analysis of the Legislation
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SUMMARY:
This bill would amend Part 1 of Article 16 of Chapter 2 of Title 20 to revise compulsory attendance laws.
REQUIREMENTS:
- Parents who are new residents of the state must enroll their child(ren) in a public, private or home school within 30 days or risk violation of the code.
- LBOE’s would be allowed to provide for excused absences.
- It removes the current penalty requirements and adds:
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- After 25 days of unexcused absences, the school must report the parent to the appropriate enforcement agency or be guilty of a misdemeanor
- Systems may report any child and his/her parents to an appropriate enforcement agency for not maintaining regular attendance.
- Local schools or anyone may report the parents of a child who have knowingly violated any part of the code.
- Local systems would be required to cooperate with investigations and prosecution of violations.
- A child must have accumulated five or more days for the code to apply.
- Every day’s absence after the parent has been notified would constitute a separate offense.
- After 2 reasonable attempts to notify the parent of 5 days unexcused absence without response, the school would be required to send a certified letter, thus ending their obligations.
- Parents, etc., found in violation would be guilty of a misdemeanor and subject to a fine of not less than $25 and not more than $100, imprisonment up to 30 days, community service or a combination at the discretion of the court.
- The same penalties would apply to parents, etc., who fail to enroll the child in a public, private or home school.
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