Bill Text: AZ HB2168 | 2013 | Fifty-first Legislature 1st Regular | Introduced
Bill Title: School age; increase; parental permission
Spectrum: Partisan Bill (Republican 1-0)
Status: (Failed) 2013-01-28 - House ED Committee action: Discussed and Held [HB2168 Detail]
Download: Arizona-2013-HB2168-Introduced.html
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REFERENCE TITLE: school age; increase; parental permission |
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State of Arizona House of Representatives Fifty-first Legislature First Regular Session 2013
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HB 2168 |
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Introduced by Representative Dial
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AN ACT
amending sections 15‑802, 15‑803 and 15‑805, Arizona Revised Statutes; relating to school attendance.
(TEXT OF BILL BEGINS ON NEXT PAGE)
Be it enacted by the Legislature of the State of Arizona:
Section 1. Section 15-802, Arizona Revised Statutes, is amended to read:
15-802. School instruction; exceptions; violations; classification; definitions
A. Every child between the ages of who is at least six and sixteen under eighteen years of age shall attend a school and shall be provided instruction in at least the subjects of reading, grammar, mathematics, social studies and science. The person who has custody of the child shall choose a public, private or charter school or a homeschool as defined in this section to provide instruction or shall sign a contract to participate in an Arizona empowerment scholarship account pursuant to section 15‑2402.
B. The parent or person who has custody shall do the following:
1. If the child will attend a public, private or charter school, enroll the child in and ensure that the child attends a public, private or charter school for the full time school is in session. In accordance with guidelines adopted by the department of education, school districts and charter schools shall require and maintain verifiable documentation of residency in this state for pupils who enroll in the school district or charter school. If a child attends a school that is operated on a year‑round basis, the child shall regularly attend during school sessions that total not less than one hundred eighty school days or two hundred school days, as applicable, or the equivalent as approved by the superintendent of public instruction.
2. If the child will attend a private school or homeschool, file an affidavit of intent with the county school superintendent stating that the child is attending a regularly organized private school or is being provided with instruction in a homeschool. The affidavit of intent shall include:
(a) The child's name.
(b) The child's date of birth.
(c) The current address of the school the child is attending.
(d) The names, telephone numbers and addresses of the persons who currently have custody of the child.
3. If the child will attend homeschool, the child has not reached eight years of age by September 1 of the school year and the person who has custody of the child does not desire to begin home instruction until the child has reached eight years of age, file an affidavit of intent pursuant to paragraph 2 of this subsection stating that the person who has custody of the child does not desire to begin homeschool instruction.
C. An affidavit of intent shall be filed within thirty days from the time the child begins to attend a private school or homeschool and is not required thereafter unless the private school or the homeschool instruction is terminated and then resumed. The person who has custody of the child shall notify the county school superintendent within thirty days of the termination that the child is no longer being instructed at a private school or a homeschool. If the private school or homeschool instruction is resumed, the person who has custody of the child shall file another affidavit of intent with the county school superintendent within thirty days.
D. A person is excused from the duties prescribed by subsection A or B of this section if any of the following is shown to the satisfaction of the school principal or the school principal's designee:
1. The child is in such physical or mental condition that instruction is inexpedient or impracticable.
2. The child has completed the high school course of study necessary for completion of grade ten twelve as prescribed by the state board of education.
3. The child has presented reasons for nonattendance at a public school that are satisfactory to the school principal or the school principal's designee. For the purposes of this paragraph, the principal's designee may be the school district governing board.
4. The child is over fourteen at least sixteen years of age and is employed, with the consent of the person who has custody of him, at some lawful wage earning occupation.
5. The child is enrolled in a work training, career education, career and technical education, vocational education or manual training program that meets the educational standards established and approved by the department of education.
6. The child was either:
(a) Suspended and not directed to participate in an alternative education program.
(b) Expelled from a public school as provided in article 3 of this chapter.
7. The child is enrolled in an education program provided by a state educational or other institution.
E. Unless otherwise exempted in this section or section 15‑803, a parent of a child between who is at least six and sixteen under eighteen years of age or a person who has custody of a child, who does not provide instruction in a homeschool and who fails to enroll or fails to ensure that the child attends a public, private or charter school pursuant to this section or fails to sign a contract to participate in an empowerment scholarship account pursuant to section 15‑2402 is guilty of a class 3 misdemeanor. A parent who fails to comply with the duty to file an affidavit of intent to provide instruction in a homeschool is guilty of a petty offense.
F. If a child will be educated pursuant to an empowerment scholarship account pursuant to section 15‑2402, the department of education shall provide a copy of the contract to participate in the empowerment scholarship account to the school superintendent of the county where the pupil resides.
G. A person who is at least eighteen years of age but who has not completed the high school course of study necessary for completion of grade TWELVE as prescribed by the state board of education may withdraw from school only if the person signs and submits to the principal or head teacher of the school where the person was last enrolled a notarized consent form that is provided by the school. This subsection does not apply to a person who withdraws from a homeschool.
G. H. For the purposes of this section:
1. "Educated pursuant to an empowerment scholarship account" means a child whose parent has signed a contract pursuant to section 15‑2402 to educate the child outside of any school district or charter school and in which the parent may but is not required to enroll the child in a private school or to educate the child through any of the methods specified in section 15‑2402.
2. "Homeschool" means a nonpublic school conducted primarily by the parent, guardian or other person who has custody of the child or nonpublic instruction provided in the child's home.
3. "Private school" means a nonpublic institution, other than the child's home, where academic instruction is provided for at least the same number of days and hours each year as a public school.
Sec. 2. Section 15-803, Arizona Revised Statutes, is amended to read:
15-803. School attendance; exemptions; definitions
A. It is unlawful for any child who is between at least six and sixteen under eighteen years of age to fail to attend school during the hours school is in session, unless either:
1. The child is excused pursuant to section 15‑802, subsection D or section 15‑901, subsection A, paragraph 5, subdivision (c).
2. The child is accompanied by a parent or a person authorized by a parent.
3. The child is provided with instruction in a homeschool.
B. A child who is habitually truant or who has excessive absences may be adjudicated an incorrigible child as defined in section 8‑201. Absences may be considered excessive when the number of absent days exceeds ten per cent of the number of required attendance days prescribed in section 15‑802, subsection B, paragraph 1.
C. For the purposes of this section:
1. "Habitually truant" means a truant child who is truant for at least five school days within a school year.
2. "Truant" means an unexcused absence for at least one class period during the day.
3. "Truant child" means a child who is between at least six and sixteen under eighteen years of age and who is not in attendance at a public or private school during the hours that school is in session, unless excused as provided by this section.
Sec. 3. Section 15-805, Arizona Revised Statutes, is amended to read:
15-805. Attendance officer; powers and duties
A. The attendance officer may enforce the law relating to:
1. School attendance of children between the ages of who are at least six and sixteen under eighteen years of age.
2. The provisions of Section 15‑802, subsection E, and section 15‑803.
3. Employment of children between the ages of who are at least six and sixteen under eighteen years of age.
B. The attendance officer may:
1. Issue a citation to an adult or child who is alleged to be in violation of laws specified in subsection A of this section to appear before a court of competent jurisdiction and shall advise the person to whom the citation is issued that failure to appear at the time and place specified in the citation may result in the issuance of a warrant for the person's arrest. A citation that is issued to a child under eighteen years of age shall require the child's parent or person having custody to appear with the child at the time and place specified in the citation. The attendance officer shall notify the child's parent or person having custody that the citation was issued and that the parent or person having custody is required to appear in court with the child and shall give proof of the notice to the court.
2. Issue a citation on an Arizona traffic ticket and complaint form for any violation of laws specified in subsection A of this section.
3. Report a violation of a law specified in subsection A of this section to the local law enforcement agency and request an investigation of the violation. The law enforcement agency shall, when sufficient cause exists, shall refer the matter for prosecution.
4. Enter all places where children may be employed to investigate and enforce the law.
Sec. 4. Compulsory school attendance age in school years 2014‑2015 and 2015‑2016
Notwithstanding sections 15‑802, 15‑803 and 15‑805, Arizona Revised Statutes, as amended by this act:
1. For the 2014‑2015 school year:
(a) Every child who is under sixteen and one‑half years of age shall be provided instruction in a public, private or charter school or a homeschool unless the child is excused from this requirement as prescribed in section 15‑802, subsection D, Arizona Revised Statutes, as amended by this act.
(b) In order for a child who is at least sixteen and one‑half and under eighteen years of age to withdraw from school during the 2014‑2015 school year, the child's parent shall sign and submit to the principal or head teacher of the school where the child was last enrolled a notarized consent form that is provided by the school. This subdivision does not apply to a child who withdraws from a homeschool.
2. For the 2015‑2016 school year:
(a) Every child who is under seventeen and one‑half years of age shall be provided instruction in a public, private or charter school or a homeschool unless the child is excused from this requirement as prescribed in section 15‑802, subsection D, Arizona Revised Statutes, as amended by this act.
(b) In order for a child who is at least seventeen and one‑half and under eighteen years of age to withdraw from school during the 2015‑2016 school year, the child's parent shall sign and submit to the principal or head teacher of the school where the child was last enrolled a notarized consent form that is provided by the school. This subdivision does not apply to a child who withdraws from a homeschool.
