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20LSO-0193
2020
STATE OF WYOMING
20LSO-0193
ENGROSSED
3.0
SENATE FILE NO. SF0015
Absenteeism and truancy.
Sponsored by: Joint Education Interim Committee
A BILL
for
AN ACT relating to compulsory attendance; amending responsibilities for enforcing attendance requirements among school districts, district attorneys, parents and others; providing that a child subjected to willful absenteeism is neglected for purposes of the Child Protection Act; providing that a child who is an habitual truant is a child in need of supervision; creating definitions; amending penalties; requiring rulemaking; and providing for effective dates.
Be It Enacted by the Legislature of the State of Wyoming:
Section 1.
W.S. 14
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3
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202(a)(vii), 14
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6
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402(a)(iv), 14
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6
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411(b)(iv), 21
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3
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111(a)(intro) and (xvi), 21
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4
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101(a)(
i
), (ii) and by creating a new paragraph (vii), 21
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4
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104(a), 21
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4
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105 and 21
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4
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107 are amended to read:
14
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3
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202.
Definitions.
(a)
As used in W.S. 14
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3
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201 through 14
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3
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216:
(vii)
"Neglect" means a failure or refusal by those responsible for the child's welfare to provide adequate care, maintenance, supervision, education or medical, surgical or any other care necessary for the child's well being.
"Neglect" as applied to "education" in this paragraph includes willful absenteeism as defined in W.S. 21
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4
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101(a)(vii).
Treatment given in good faith by spiritual means alone, through prayer, by a duly accredited practitioner in accordance with the tenets and practices of a recognized church or religious denomination is not child neglect for that reason alone;
14
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6
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402.
Definitions.
(a)
As used in this act:
(iv)
"Child in need of supervision" means any child who has not reached his eighteenth birthday who is habitually truant
as defined in W.S. 21
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4
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101(a)(ii)
or has run away from home or habitually disobeys reasonable and lawful demands of his parents, guardian, custodian or other proper authority or is ungovernable and beyond control. "Child in need of supervision" includes any child who has not reached his eighteenth birthday who has committed a status offense;
14
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6
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411.
Complaints alleging child in need of supervision; investigation and determination by district attorney.
(b)
In determining the action necessary to protect the interest of the public or the child with regard to a petition alleging a child in need of supervision, the prosecuting attorney shall consider the following:
(iv)
Use of
truancy
compulsory attendance
statute enforcement
under W.S. 21
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4
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101 through 21
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4
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107
;
21
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3
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111.
Powers of boards of trustees.
(a)
Except as provided in paragraph (xvi) of this subsection, t
he board of trustees in each school district within the state may:
(xvi)
The board of trustees in each school district shall d
efine "unexcused absence
,
"
and
"habitual truancy"
and "willful absenteeism" in accordance with W.S. 21
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4
‑
101
for all students who are attending public schools
and who have met compulsory attendance requirements,
and establish rules
and regulations
regarding their attendance. For purposes of this paragraph,
students participating in the annual state fair held under W.S. 11
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10
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101 as an exhibitor shall be considered as participating in a district cocurricular activity program and shall be defined by the board as an excused absence
a preapproved absence or an absence due to the illness, injury or health care needs of the student or a death or serious illness in the student's family shall not constitute an unexcused absence
;
21
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4
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101.
Definitions.
(a)
For the purposes of this article:
(
i
)
"Unexcused absence" means the absence, as defined in the
policies
rules
of the local board of trustees
, of any child required by this article to attend school when such absence is not excused to the satisfaction of the board of trustees by the parent, guardian, or other person having control of such child
pursuant to W.S. 21
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3
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111(a)(xvi)
;
(ii)
"Habitual truant" means any child
with five (5) or more unexcused absences
who disobeys reasonable and lawful demands of the child's parent, guardian, custodian or other proper authority with regard to school attendance as defined in the rules of the local board of trustees pursuant to W.S. 21
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3
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111(a)(xvi)
in any one (1) school year;
(vii)
"Willful absenteeism" means exceeding the limit of unexcused absences as defined in the rules of the local board of trustees pursuant to W.S. 21
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3
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111(a)(xvi) when the excess absences are the result of a parent's, guardian's or custodian's willful failure, neglect or refusal to require a child's regular attendance at school.
21
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4
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104.
Duties of attendance officers.
(a)
Subject to the
policy
rules and policies
of the board of trustees, it shall be the duty of each attendance officer to:
(
i
)
Counsel with students, parents, guardians or custodians and teachers; and to investigate the causes of unexcused absences
, habitual truancy and willful absenteeism
;
(ii)
Give written notice to the parent, guardian, or custodian of any child having an unexcused absence that the attendance of such child at school is required by law
under W.S. 21
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4
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102 and local board rules pursuant to W.S. 21
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3
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111(a)(xvi)
. If after such notice has been given, the child has
a second
continued
unexcused
absence, which
absences in violation of W.S. 21
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4
‑
102 or local board of trustees rules under W.S. 21
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3
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111(a)(xvi) and
the attendance officer reasonably believes
was
that the unexcused absences were
due to
the willful
neglect
or failure of the parent, guardian, or custodian of the child, then he shall make and file a complaint against such parent, guardian, or custodian of such child before the district court for the violation of W.S. 21
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4
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102
as defined in W.S. 14
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3
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202(a)(vii), willful absenteeism or habitual truancy then the attendance officer shall proceed in accordance with W.S. 21
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4
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107
.
21
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4
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105.
Penalty for failure of parent, guardian or custodian to comply with article.
Any parent, guardian or custodian of any child to whom this article applies who willfully fails, neglects, or refuses to comply with the provisions of this article shall be guilty of a misdemeanor and shall be punished by a fine of
not less than five dollars ($5.00) nor
not
more than
twenty
‑
five dollars ($25.00) or by imprisonment in the county jail not more than ten (10) days or by both such fine and imprisonment
one hundred fifty dollars ($150.00)
.
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4
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107.
Notice to district attorney and tribe of habitual truancy or willful absenteeism; duty of district attorney.
When the board of trustees of any school district shall determine that a child is an habitual truant
or is subject to willful absenteeism
as defined by this article the board or its attendance officer shall notify the district attorney who
shall then
may
initiate proceedings in the interest of the child under the Juvenile Justice Act
, W.S. 14
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6
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201 through 14
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6
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252, Children In Need of Supervision Act, W.S. 14
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6
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401 through 14
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6
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440, or the Child Protection Act, W.S. 14
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3
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401 through 14
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3
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441, as appropriate
.
If the child is an Indian child as defined in the federal Indian Child Welfare Act (ICWA), 25 U.S.C. 1901 et seq., the district attorney shall notify the child's tribe and may initiate proceedings in the interest of the child.
Section 2.
The board of trustees in each school district within the state shall adopt rules necessary to implement this act by September 1, 2020.
Section 3
.
(a)
T
his act is effective September 1, 2020,
except as provided in subsection (b) of this section
.
(b)
Sections 2 and 3 of this act are effective immediately upon completion of all acts necessary for a bill to become law as provided by Article 4, Section 8 of the Wyoming Constitution.
(END)
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SF0015