SB 102: "An Act relating to compulsory school attendance; relating to the crime of contributing to the delinquency of a minor; and relating to school disciplinary action and truancy."
00 SENATE BILL NO. 102 01 "An Act relating to compulsory school attendance; relating to the crime of contributing 02 to the delinquency of a minor; and relating to school disciplinary action and truancy." 03 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 04 * Section 1. AS 11.51.130(a) is amended to read: 05 (a) A person commits the crime of contributing to the delinquency of a minor 06 if, being 19 years of age or older or being under 19 years of age and having the 07 disabilities of minority removed for general purposes under AS 09.55.590, the person 08 aids, induces, causes, or encourages a child 09 (1) under 18 years of age to do any act prohibited by state law unless 10 the child's disabilities of minority have been removed for general purposes under 11 AS 09.55.590; 12 (2) under 18 years of age or allows a child under 18 years of age to 13 enter or remain in the immediate physical presence of the unlawful manufacture, use, 14 display, or delivery of a controlled substance knowing that the manufacture, use,
01 display, or delivery is occurring, unless the child's disabilities of minority have been 02 removed for general purposes under AS 09.55.590; 03 (3) under 18 [16] years of age to be repeatedly absent from school, 04 without just cause; or 05 (4) under 18 years of age to be absent from the custody of a parent, 06 guardian, or custodian without the permission of the parent, guardian, or custodian or 07 without the knowledge of the parent, guardian, or custodian, unless the child's 08 disabilities of minority have been removed for general purposes under AS 09.55.590 09 or the person has immunity under AS 47.10.350 or 47.10.398(a); it is an affirmative 10 defense to a prosecution under this paragraph that, at the time of the alleged offense, 11 the defendant 12 (A) reasonably believed that the child was in danger of physical 13 injury or in need of temporary shelter; and 14 (B) within 12 hours after taking the actions comprising the 15 alleged offense, notified a peace officer, a law enforcement agency, or the 16 Department of Health and Social Services of the name of the child and the 17 child's location. 18 * Sec. 2. AS 14.30.010(a) is amended to read: 19 (a) Every child who is [BETWEEN] seven years of age or older and under 20 18 [16] years of age shall attend school at the public school in the district in which the 21 child resides during each school term. Every parent, guardian, or other person having 22 the responsibility for or control of a child who is [BETWEEN] seven years of age or 23 older and under 18 [16] years of age shall maintain the child in attendance at a public 24 school in the district in which the child resides during the entire school term, except as 25 provided in (b) of this section. 26 * Sec. 3. AS 14.30.010(b) is amended to read: 27 (b) This section does not apply if a child 28 (1) is provided an academic education comparable to that offered by 29 the public schools in the area, [EITHER] by 30 (A) attendance at a private school in which the teachers are 31 certificated according to AS 14.20.020;
01 (B) tutoring by personnel certificated according to 02 AS 14.20.020; or 03 (C) attendance at an educational program operated in 04 compliance with AS 14.45.100 - 14.45.200 by a religious or other private 05 school; 06 (2) attends a school operated by the federal government; 07 (3) has a physical or mental condition that a competent medical 08 authority determines will make attendance impractical; 09 (4) is in the custody of a court or law enforcement authorities; 10 (5) is temporarily ill or injured; 11 (6) has been suspended or expelled under AS 14.03.160 or suspended 12 or denied admittance under AS 14.30.045; 13 (7) resides more than two miles from either a public school or a route 14 on which transportation is provided by the school authorities, except that this 15 paragraph does not apply if the child resides within two miles of a federal or private 16 school that the child is eligible and able to attend; 17 (8) is excused by action of the school board of the district at a regular 18 meeting or by the district superintendent subject to approval by the school board of the 19 district at the next regular meeting; 20 (9) has completed the 12th grade or has graduated from a secondary 21 school; 22 (10) is enrolled in 23 (A) a state boarding school established under AS 14.16; or 24 (B) a full-time program of correspondence study approved by 25 the department; in those school districts providing an approved correspondence 26 study program, a student may be enrolled either in the district correspondence 27 program or in the centralized correspondence study program; 28 (11) is equally well-served by an educational experience approved by 29 the school board as serving the child's educational interests despite an absence from 30 school, and the request for excuse is made in writing by the child's parents or guardian 31 and approved by the principal or administrator of the school that the child attends;
01 (12) is being educated in the child's home by a parent or legal 02 guardian. 03 * Sec. 4. AS 14.30.030 is repealed and reenacted to read: 04 Sec. 14.30.030. Procedures to reduce and prevent truancy. (a) The 05 governing body of a school district shall develop and implement procedures for the 06 reduction and prevention of truancy in the district. The procedures must 07 (1) be developed in partnership with persons interested in reducing and 08 preventing truancy, such as mental health providers, court personnel, school 09 administrators, business owners, teachers, alternative school personnel, and members 10 of the public; 11 (2) include a definition of "unexcused absence" for purposes of truancy 12 enforcement; and 13 (3) provide for progressive interventions for truancy that require 14 (A) notification of the parent or guardian of the student for 15 each unexcused absence; 16 (B) written notices, telephone calls, and a conference with the 17 student's parent or guardian and school administrators regarding the cause of 18 the truancy and a plan to prevent future truancy of the student; the notices must 19 include follow up to consider compliance and adjustments to the plan, for 20 repeated unexcused absences; and 21 (C) remedial academic support for the student as needed. 22 (b) The department shall provide support for districts and public schools in 23 developing and maintaining effective programs for the reduction of truancy. 24 * Sec. 5. AS 14.30 is amended by adding a new section to article 1 to read: 25 Sec. 14.30.059. Definitions. In AS 14.30.010 - 14.30.059, 26 (1) "district" has the meaning given in AS 14.17.990; 27 (2) "truancy" means an unexcused absence from class or school during 28 the school day by a student without the prior knowledge and consent of the student's 29 parent or guardian or of the person in charge of the school.