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.