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STATE OF OKLAHOMA
1st Session of the 60th Legislature (2025)
HOUSE BILL 1144 By: Rosecrants
AS INTRODUCED
An Act relating to schools; amending 70 O.S. 2021,
Sections 1-111, as last amended by Section 1, Chapter
4, O.S.L. 2024, and 10-105, as amended by Section 1,
Chapter 128, O.S.L. 2024 (70 O.S. Supp. 2024,
Sections 1-111 and 10-105), which relate to
attendance; allowing an excused absence for mental
health; authorizing one day per semester for mental
health absences; making documentation optional;
exempting a certain amount of mental health excused
absences from compulsory attendance requirement;
clarifying valid excuse application for attendance
recording purposes; providing an effective date; and
declaring an emergency.
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. AMENDATORY 70 O.S. 2021, Section 1-111, as
last amended by Section 1, Chapter 4, O.S.L. 2024 (70 O.S. Supp.
2024, Section 1-111), is amended to read as follows:
Section 1-111. A. Except as otherwise provided for by law, a
school day shall consist of not less than six (6) hours devoted to
school activities. A district board of education may elect to
extend the length of one (1) or more school days to more than six
(6) hours and reduce the number of school days as long as the total
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amount of classroom instruction time is not less than one thousand
eighty (1,080) hours per year as required pursuant to Section 1-109
of this title.
B. A school day for nursery, early childhood education,
kindergarten, and alternative education programs shall be as
otherwise defined by law or as defined by the State Board of
Education. Except as otherwise provided for in this subsection, not
more than one (1) school day shall be counted for attendance
purposes in any twenty-four-hour period. Two (2) school days, each
consisting of not less than six (6) hours, may be counted for
attendance purposes in any twenty-four-hour period only if one of
the school days is for the purpose of parent-teacher conferences
held as provided for in Section 1-109 of this title.
C. Except as provided in subsection D of this section, students
absent from school in which they are regularly enrolled may be
considered as being in attendance if the reason for such absence is
to participate in scheduled school activities under the direction
and supervision of a regular member of the faculty or to participate
in an online course approved by the district board of education.
The State Board of Education shall adopt rules to provide for the
implementation of supplemental online courses which shall include,
but not be limited to, provisions addressing the following:
1. Criteria for student admissions eligibility;
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2. A student admission process administered through the
district of residence, which provides the ability for the student to
enroll in individual courses;
3. A process by which students are not denied the opportunity
to enroll in educationally appropriate courses by school districts.
For the purposes of this section, "educationally appropriate" means
any instruction that is not substantially a repeat of a course or
portion of a course that the student has successfully completed,
regardless of the grade of the student, and regardless of whether a
course is similar to or identical to the instruction that is
currently offered in the school district;
4. Creation of a system which provides ongoing enrollment
access for students throughout the school year;
5. A grace period of fifteen (15) calendar days from the first
day of an online course for student withdrawal from an online course
without academic penalty;
6. Mastery of competencies for course completion rather than
Carnegie units;
7. Student participation in extracurricular activities in
accordance with school district eligibility rules and policies and
any rules and policies of a private organization or association
which provides the coordination, supervision, and regulation of the
interscholastic activities and contests of schools;
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8. Parent authorization for release of state test results to
online course providers, on a form developed by the State Department
of Education; and
9. A review process to identify and certify online course
providers and a uniform payment processing system.
D. Except as provided in paragraph 3 of this subsection,
students absent from school in which they are regularly enrolled
shall be given an excused absence if the reason for such absence is
to participate in scheduled 4-H activities or programs as approved
by the county 4-H educator. The number of excused absences allowed
pursuant to this subsection shall be subject to the attendance
policy of the school district board of education.
1. Upon request from a school principal or attendance officer,
a 4-H educator shall provide documentation as proof of student
participation in an activity or program sponsored by 4-H.
2. Students shall be given the opportunity to make up any
schoolwork missed while they are participating in activities or
programs sponsored by 4-H. Students shall not have their class
grades adversely affected for lack of attendance or participation
due to their participation in activities or programs sponsored by 4-
H.
3. A school principal or his or her designee shall not credit a
student who participates in an activity or program sponsored by 4-H
with an excused absence if the participation occurs during:
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a. the schedule established by the State Board of
Education for the administration of statewide student
assessments, or
b. any period of time for which the student has been
disciplined, suspended, or expelled, if the terms of
punishment would preclude the student from
participating in an educational field trip or
extracurricular activity.
E. Students absent from school in which they are regularly
enrolled shall be given an excused absence if the reason for such
absence is to support the mental health of the student. The number
of excused absences allowed pursuant to this subsection shall be one
(1) full school day per semester. Students and parents shall not be
required to provide any documentation in support of the student's
mental health day absence.
F. Each district board of education shall adopt policies and
procedures that conform to rules for online courses as adopted by
the State Board. Such policies shall include criteria for approval
of the course, the appropriateness of the course for a particular
student, authorization for full-time students to enroll in online
courses, and establishing fees or charges. No district shall be
liable for payment of any fees or charges for any online course for
a student who has not complied with the district's policies and
procedures. School districts shall not deny students the
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opportunity to enroll in educationally appropriate courses and shall
provide an admissions process which includes input from the student,
the parent or legal guardian of the student, and school faculty.
F. G. Districts shall require students enrolled in online
courses to participate in the Oklahoma School Testing Program Act.
Students participating in online courses from a remote site will be
responsible for providing their own equipment and Internet access,
unless the district chooses to provide the equipment. Credit may
not be granted for such courses except upon approval of the State
Board of Education and the district board of education.
G. H. Nothing in this section shall prohibit a student who
transfers from the district in which the student resides to another
school district pursuant to the Education Open Transfer Act from
enrolling in a full-time virtual education program offered by the
receiving school district. A student who enrolls pursuant to this
subsection shall be subject to the provisions of Section 8-103.2 of
this title. The board of education of a school district with a
full-time virtual education program shall adopt a policy to
determine the number of transfer students the program has the
capacity to accept in each grade level, as provided for in Section
8-101.2 of this title.
H. I. Districts may provide students with opportunities for
blended instruction. "Blended instruction" shall mean a combination
of brick-and-mortar learning and virtual learning environments that
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includes elements of a student's control over place, pace, and path
of learning. A student in blended instruction may work on virtual
courses at home or at school in a blended flex lab but shall
participate in at least one unit or set of competencies as defined
by Section 11-103.6 of this title at a physical school building in a
traditional classroom setting which is the academic equivalent of
one (1) hour per day for each instructional day in the school year
as defined by Section 1-109 of this title.
I. J. The school day for kindergarten may consist of six (6)
hours devoted to school activities.
SECTION 2. AMENDATORY 70 O.S. 2021, Section 10-105, as
amended by Section 1, Chapter 128, O.S.L. 2024 (70 O.S. Supp. 2024,
Section 10-105), is amended to read as follows:
Section 10-105. A. It shall be unlawful for a parent,
guardian, or other person having custody of a child who is over the
age of five (5) years, and under the age of eighteen (18) years, to
neglect or refuse to cause or compel the child to attend and comply
with the rules of some public, private, or other school, unless
other means of education are provided for the full term the schools
of the district are in session or the child is excused as provided
in this section. One-half (1/2) day of kindergarten shall be
required of all children five (5) years of age or older unless the
child is excused from kindergarten attendance as provided in this
section. A child who is five (5) years of age shall be excused from
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kindergarten attendance until the next school year after the child
is six (6) years of age if a parent, guardian, or other person
having custody of the child notifies the superintendent of the
district where the child is a resident by certified mail prior to
enrollment in kindergarten, or at any time during the first school
year that the child is required to attend kindergarten pursuant to
this section, of election to withhold the child from kindergarten
until the next school year after the child is six (6) years of age.
A kindergarten program shall be directed toward developmentally
appropriate objectives for such children. The program shall require
that any teacher employed on and after January 1, 1993, to teach a
kindergarten program within the public school system shall be
certified in early childhood education. All teachers hired to teach
a kindergarten program within the public school system prior to
January 1, 1993, shall be required to obtain certification in early
childhood education on or before the 1996-97 school year in order to
continue to teach a kindergarten program.
B. It shall be unlawful for any child who is over the age of
twelve (12) years and under the age of eighteen (18) years, and who
has not finished four (4) years of high school work, to neglect or
refuse to attend and comply with the rules of some public, private,
or other school, or receive an education by other means for the full
term the schools of the district are in session.
Provided, that this section shall not apply:
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1. If any child is prevented from attending school by reason of
mental or physical disability, to be determined by the board of
education of the district upon a certificate of the school physician
or public health physician, or, if no such physician is available, a
duly licensed and practicing physician;
2. If any child is excused from attendance at school, due to an
emergency, by the principal teacher of the school in which the child
is enrolled, at the request of the parent, guardian, custodian, or
other person having custody of the child;
3. If any child who has attained his or her sixteenth birthday
is excused from attending school by written, joint agreement
between:
a. the school administrator of the school district where
the child attends school, and
b. the parent, guardian, or custodian of the child.
Provided, further, that no child shall be excused from
attending school by the joint agreement between a
school administrator and the parent, guardian, or
custodian of the child unless and until it has been
determined that the action is for the best interest of
the child and/or the community, and that the child
shall thereafter be under the supervision of the
parent, guardian, or custodian until the child has
reached the age of eighteen (18) years;
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4. If any child is excused from attending school for the
purpose of observing religious holy days if before the absence, the
parent, guardian, or other person having custody or control of the
child submits a written request for the excused absence. The school
district shall excuse a child pursuant to this subsection for the
days on which the religious holy days are observed and for the days
on which the child must travel to and from the site where the child
will observe the holy days;
5. If any child is excused from attending school for the
purpose of participating in a military funeral honors ceremony upon
approval of the school principal; or
6. If any child is excused from attending school for the
purpose of receiving speech therapy, occupational therapy, or any
other service related to the child's individualized education
program developed pursuant to the Individuals with Disabilities
Education Act and the parent, guardian, or other person having
custody or control of the child submits a written request for the
excused absence. The school district shall excuse the child
pursuant to this subsection upon receipt of documentation from the
provider of the therapy or other service; or
7. If any child is excused from attending school for the
purpose of supporting the child's mental health. The school
district shall excuse the child pursuant to this subsection
regardless of whether the school received any documentation in
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support of the absence. One (1) mental health day per semester
shall be considered a valid excuse for purposes of recording
attendance as provided for in Section 10-106 of this title.
C. It shall be the duty of the attendance officer to enforce
the provisions of this section. In the prosecution of a parent,
guardian, or other person having custody of a child for violation of
any provision of this section, it shall be an affirmative defense
that the parent, guardian, or other person having custody of the
child has made substantial and reasonable efforts to comply with the
compulsory attendance requirements of this section but is unable to
cause the child to attend school. If the court determines the
affirmative defense is valid, it shall dismiss the complaint against
the parent, guardian, or other person having custody of the child
and shall notify the school attendance officer who shall refer the
child to the district attorney for the county in which the child
resides for the filing of a Child in Need of Supervision petition
against the child pursuant to the Oklahoma Juvenile Code.
D. Any parent, guardian, custodian, child, or other person
violating any of the provisions of this section, upon conviction,
shall be guilty of a misdemeanor, and shall be punished as follows:
1. For the first offense, a fine not less than Twenty-five
Dollars ($25.00) nor more than Fifty Dollars ($50.00), or
imprisonment for not more than five (5) days, or both such fine and
imprisonment;
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2. For the second offense, a fine not less than Fifty Dollars
($50.00) nor more than One Hundred Dollars ($100.00), or
imprisonment for not more than ten (10) days, or both such fine and
imprisonment; and
3. For the third or subsequent offense, a fine not less than
One Hundred Dollars ($100.00) nor more than Two Hundred Fifty
Dollars ($250.00), or imprisonment for not more than fifteen (15)
days, or both such fine and imprisonment.
Each day the child remains out of school after an oral and
documented or written warning has been given to the parent,
guardian, custodian, child, or other person or the child has been
ordered to school by the juvenile court shall constitute a separate
offense.
E. At the trial of any person charged with violating the
provisions of this section, the attendance records of the child or
ward may be presented in court by any authorized employee of the
school district.
F. The court may order the parent, guardian, or other person
having custody of the child to perform community service in lieu of
the fine set forth in this section. The court may require that all
or part of the community service be performed for a public school
district.
G. The court may order as a condition of a deferred sentence or
as a condition of sentence upon conviction of the parent, guardian,
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or other person having custody of the child any conditions as the
court considers necessary to obtain compliance with school
attendance requirements. The conditions may include, but are not
limited to, the following:
1. Verifying attendance of the child with the school;
2. Attending meetings with school officials;
3. Taking the child to school;
4. Taking the child to the bus stop;
5. Attending school with the child;
6. Undergoing an evaluation for drug, alcohol, or other
substance abuse and following the recommendations of the evaluator;
and
7. Taking the child for drug, alcohol, or other substance abuse
evaluation and following the recommendations of the evaluator,
unless excused by the court.
SECTION 3. This act shall become effective July 1, 2025.
SECTION 4. It being immediately necessary for the preservation
of the public peace, health or safety, an emergency is hereby
declared to exist, by reason whereof this act shall take effect and
be in full force from and after its passage and approval.
60-1-11394 SW 01/11/25