HB 363: "An Act relating to compulsory school attendance; and relating to the crime of contributing to the delinquency of a minor."
00 HOUSE BILL NO. 363 01 "An Act relating to compulsory school attendance; and relating to the crime of 02 contributing to the delinquency of a minor." 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 six years of age or older [BETWEEN SEVEN] and 20 under 18 [16] years of age shall attend school at the public school in the district in 21 which the child resides during each school term. Every parent, guardian, or other 22 person having the responsibility for or control of a child who is six years of age or 23 older [BETWEEN SEVEN] and under 18 [16] years of age shall maintain the child in 24 attendance at a public school in the district in which the child resides during the entire 25 school term, except as 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.