Session of 2000
HOUSE BILL No. 2804
By Committee on Education
2-2
10 AN ACT
concerning children; relating to compulsory attendance at
11 school; amending
K.S.A. 1999 Supp. 72-1111 and 72-1113 and re-
12 pealing the existing
sections.
13
14 Be it enacted by the Legislature of the
State of Kansas:
15 Section
1. K.S.A. 1999 Supp. 72-1111 is hereby amended to read as
16 follows: 72-1111. (a) Subject to the other
provisions of this section, every
17 parent or person acting as parent in the
state of Kansas, who has control
18 over or charge of any child who has reached
the age of seven years and
19 is under the age of 18
16 years and has not attained a high school
diploma
20 or a general educational
development (GED) credential, shall require
21 such child to attend continuously each
school year (1) a public school for
22 the duration of the school term provided
for in K.S.A. 72-1106, and
23 amendments thereto, or (2) a private,
denominational or parochial school
24 taught by a competent instructor for a
period of time which is substantially
25 equivalent to the period of time public
school is maintained in the school
26 district in which the private,
denominational or parochial school is located.
27 If the child is 16 or 17 years of
age, the parent or person acting as parent,
28 by written consent, or the court,
pursuant to a court order, may allow the
29 child to be exempt from the
compulsory attendance requirements of this
30 section.
31 (b) If the child
is under 16 or 17 years of age, the child
shall be exempt
32 from the compulsory attendance requirements
of this section if (1) the
33 child is regularly enrolled in a
program recognized by the local board of
34 education as an approved
alternative educational program, or (2) the child
35 and the parent or person acting as
parent attend a final counseling session
36 conducted by the school during
which a disclaimer to encourage the child
37 to remain in school or to pursue
educational alternatives is presented to
38 and signed by the child and the
parent or person acting as parent. The
39 disclaimer shall include
information regarding the academic skills that the
40 child has not yet achieved, the
difference in future earning power be-
41 tween a high school graduate and a
high school drop out, and a listing of
42 educational alternatives that are
available for the child has successfully
43 completed the ninth grade.
2
1 (c) Any
child who is under the age of seven years, but who is enrolled
2 in school, is subject to the
compulsory attendance requirements of this
3 section. Any such child may be
withdrawn from enrollment in school at
4 any time by a parent or person acting
as parent of the child and thereupon
5 the child shall be exempt from the
compulsory attendance requirements
6 of this section until the child
reaches the age of seven years or is re-
7 enrolled in school.
8 (d) Any
child who is determined to be an exceptional child, except
9 for an exceptional child who is
determined to be a gifted child, under the
10 provisions of the special education for
exceptional children act is subject
11 to the compulsory attendance requirements
of such act and is exempt
12 from the compulsory attendance requirements
of this section.
13 (e) No child
attending public school in this state shall be required to
14 participate in any activity which is
contrary to the religious teachings of
15 the child if a written statement signed by
one of the parents or a person
16 acting as parent of the child is filed with
the proper authorities of the
17 school attended requesting that the child
not be required to participate
18 in such activities and stating the reason
for the request.
19 (f) When a
recognized church or religious denomination that objects
20 to a regular public high school education
provides, offers and teaches,
21 either individually or in cooperation with
another recognized church or
22 religious denomination, a regularly
supervised program of instruction,
23 which is approved by the state board of
education, for children of com-
24 pulsory school attendance age who have
successfully completed the
25 eighth grade, participation in such a
program of instruction by any such
26 children whose parents or persons acting as
parents are members of the
27 sponsoring church or religious denomination
shall be regarded as ac-
28 ceptable school attendance within the
meaning of this act. Approval of
29 such programs shall be granted by the state
board of education, for two-
30 year periods, upon application from
recognized churches and religious
31 denominations, under the following
conditions: (1) Each participating
32 child shall be engaged, during each day on
which attendance is legally
33 required in the public schools in the
school district in which the child
34 resides, in at least five hours of learning
activities appropriate to the adult
35 occupation that the child is likely to
assume in later years;
36 (2) acceptable
learning activities, for the purposes of this subsection,
37 shall include parent (or person acting as
parent) supervised projects in
38 agriculture and homemaking, work-study
programs in cooperation with
39 local business and industry, and
correspondence courses from schools
40 accredited by the national home study
council, recognized by the United
41 States office of education as the competent
accrediting agency for private
42 home study schools;
43 (3) at least 15
hours per week of classroom work under the supervi-
3
1 sion of an instructor shall be
provided, at which time students shall be
2 required to file written reports of
the learning activities they have pursued
3 since the time of the last class
meeting, indicating the length of time spent
4 on each one, and the instructor shall
examine and evaluate such reports,
5 approve plans for further learning
activities, and provide necessary as-
6 signments and instruction;
7 (4) regular
attendance reports shall be filed as required by law, and
8 students shall be reported as absent
for each school day on which they
9 have not completed the prescribed
minimum of five hours of learning
10 activities;
11 (5) the
instructor shall keep complete records concerning instruction
12 provided, assignments made, and work
pursued by the students, and these
13 records shall be filed on the first day of
each month with the state board
14 of education and the board of education of
the school district in which
15 the child resides;
16 (6) the
instructor shall be capable of performing competently the
17 functions entrusted thereto;
18 (7) in applying
for approval under this subsection a recognized church
19 or religious denomination shall certify its
objection to a regular public
20 high school education and shall specify, in
such detail as the state board
21 of education may reasonably require, the
program of instruction that it
22 intends to provide and no such program
shall be approved unless it fully
23 complies with standards therefor which
shall be specified by the state
24 board of education;
25 (8) if the
sponsors of an instructional program approved under this
26 subsection fail to comply at any time with
the provisions of this subsection,
27 the state board of education shall rescind,
after a written warning has
28 been served and a period of three weeks
allowed for compliance, approval
29 of the programs, even though the two-year
approval period has not
30 elapsed, and thereupon children attending
such program shall be admit-
31 ted to a high school of the school
district.
32 (g) As used in
this section, the terms "parent" and "person acting as
33 parent" have the meanings respectively
ascribed thereto in K.S.A. 72-
34 1046, and amendments thereto.
35 Sec.
2. K.S.A. 1999 Supp. 72-1113 is hereby amended to read as
36 follows: 72-1113. (a) Each board of
education shall designate one or more
37 employees who shall report to the secretary
of social and rehabilitation
38 services, or a designee thereof, all cases
of children who are less than 13
39 years of age and are not attending school
as required by law, and to the
40 appropriate county or district attorney, or
a designee thereof, all cases of
41 children who are 13 or more years of age
but less than 18 16 years of age
42 and are not attending school as required by
law. The designation shall be
43 made no later than September 1 of each
school year and shall be certified
4
1 no later than 10 days thereafter by
the board of education to the secretary
2 of social and rehabilitation
services, or the designee thereof, to the county
3 or district attorney, or the designee
thereof, and to the commissioner of
4 education. The commissioner of
education shall compile and maintain a
5 list of the designated employees of
each board of education.
6
(b) Whenever a child is required by law to attend school, and
the
7 child is not enrolled in a public or
nonpublic school, the child shall be
8 considered to be not attending school
as required by law and a report
9 thereof shall be made in accordance
with the provisions of subsection (a)
10 by a designated employee of the board of
education of the school district
11 in which the child resides. The provisions
of this subsection are subject
12 to the provisions of subsection (d).
13 (c)
(1) Whenever a child is required by law to attend school and
is
14 enrolled in school, and the child is
inexcusably absent therefrom on either
15 three consecutive school days or five
school days in any semester or seven
16 school days in any school year, whichever
of the foregoing occurs first,
17 the child shall be considered to be not
attending school as required by
18 law. A child is inexcusably absent from
school if the child is absent there-
19 from all or a significant part of a school
day without a valid excuse ac-
20 ceptable to the school employee designated
by the board of education to
21 have responsibility for the school
attendance of such child.
22 (2) Each board of
education shall adopt rules for determination of
23 valid excuse for absence from school and
for determination of what shall
24 constitute a "significant part of a school
day" for the purpose of this
25 section.
26 (3) Each board of
education shall designate one or more employees,
27 who shall each be responsible for
determining the acceptability and va-
28 lidity of offered excuses for absence from
school of specified children, so
29 that a designee is responsible for making
such determination for each
30 child enrolled in school.
31 (4) Whenever a
determination is made in accordance with the pro-
32 visions of this subsection that a child is
not attending school as required
33 by law, the designated employee who is
responsible for such determina-
34 tion shall make a report thereof in
accordance with the provisions of
35 subsection (a).
36 (5) The
provisions of this subsection are subject to the provisions of
37 subsection (d).
38 (d)
(1) Prior to making any report under this section that a child
is
39 not attending school as required by law,
the designated employee of the
40 board of education shall serve written
notice thereof, by personal delivery
41 or by first class mail, upon a parent or
person acting as parent of the child.
42 The notice shall inform the parent or
person acting as parent that con-
43 tinued failure of the child to attend
school without a valid excuse will
5
1 result in a report being made to the
secretary of social and rehabilitation
2 services or to the county or district
attorney. Upon failure, on the school
3 day next succeeding personal delivery
of the notice or within three school
4 days after the notice was mailed, of
attendance at school by the child or
5 of an acceptable response, as
determined by the designated employee, to
6 the notice by a parent or person
acting as parent of the child, the desig-
7 nated employee shall make a report
thereof in accordance with the pro-
8 visions of subsection (a). The
designated employee shall submit with the
9 report a certificate verifying the
manner in which notice was provided to
10 the parent or person acting as parent.
11 (2) Whenever a
law enforcement officer assumes temporary custody
12 of a child who is found away from home or
school without a valid excuse
13 during the hours school is actually in
session, and the law enforcement
14 officer delivers the child to the school in
which the child is enrolled or to
15 a location designated by the school in
which the child is enrolled to ad-
16 dress truancy issues, the designated
employee of the board of education
17 shall serve notice thereof upon a parent or
person acting as parent of the
18 child. The notice may be oral or written
and shall inform the parent or
19 person acting as parent of the child that
the child was absent from school
20 without a valid excuse and was delivered to
school by a law enforcement
21 officer.
22 (e) Whenever the
secretary of social and rehabilitation services re-
23 ceives a report required under this
section, the secretary shall investigate
24 the matter. If, during the investigation,
the secretary determines that the
25 reported child is not attending school as
required by law, the secretary
26 shall institute proceedings under the code
for care of children. If, during
27 the investigation, the secretary determines
that a criminal prosecution
28 should be considered, the secretary shall
make a report of the case to the
29 appropriate law enforcement agency.
30 (f) Whenever a
county or district attorney receives a report required
31 under this section, the county or district
attorney shall investigate the
32 matter. If, during the investigation, the
county or district attorney deter-
33 mines that the reported child is not
attending school as required by law,
34 the county or district attorney shall
prepare and file a petition alleging
35 that the child is a child in need of care.
If, during the investigation, the
36 county or district attorney determines that
a criminal prosecution is nec-
37 essary, the county or district attorney
shall commence the same.
38 (g) As used in
this section, "board of education" means the board of
39 education of a school district or the
governing authority of a nonpublic
40 school. The provisions of this act shall
apply to both public and nonpublic
41 schools.
42 Sec. 3. K.S.A. 1999 Supp.
72-1111 and 72-1113 are hereby repealed.
43 Sec. 4. This act shall
take effect and be in force from and after its
6
1 publication in the statute book.