PREFILED NOV 19 2019
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REFERENCE TITLE: schools; truant children; civil penalty |
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State of Arizona House of Representatives Fifty-fourth Legislature Second Regular Session 2020
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HB 2021 |
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Introduced by Representatives Fillmore: Carroll
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AN ACT
amending sections 15-803, 15-805 and 15-1122, Arizona Revised Statutes; relating to school attendance.
(TEXT OF BILL BEGINS ON NEXT PAGE)
Be it enacted by the Legislature of the State of Arizona:
Section 1. Section 15-803, Arizona Revised Statutes, is amended to read:
15-803. School attendance; exemptions; civil penalty; definitions
A. It is unlawful for any child who is between six and sixteen years of age to fail to attend school during the hours school is in session, unless either:
1. The child is excused pursuant to section 15‑802, subsection D or section 15‑901, subsection A, paragraph 5, subdivision (c).
2. The child is accompanied by a parent or a person authorized by a parent.
3. The child is provided with instruction in a homeschool.
B. A child who is habitually truant or who has excessive absences may be adjudicated an incorrigible child as defined in section 8‑201. Absences may be considered excessive when the number of absent days exceeds ten per cent percent of the number of required attendance days prescribed in section 15‑802, subsection B, paragraph 1.
C. An attendance officer who is appointed pursuant to section 15‑804 may impose a civil penalty of not more than $10 per day on the parent or person having custody of a child who is habitually truant. The attendance officer shall transmit any monies collected pursuant to this subsection to the student activities treasurer or assistant student activities treasurer who is appointed pursuant to section 15-1122 for deposit in the student activities fund established pursuant to section 15‑1122 of the school district the truant child attends.
C. D. For the purposes of this section:
1. "Habitually truant" means a truant child who is truant for at least five school days within a school year.
2. "Truant" means an unexcused absence for at least one class period during the day.
3. "Truant child" means a child who is between six and sixteen years of age and who is not in attendance at a public or private school during the hours that school is in session, unless excused as provided by this section.
Sec. 2. Section 15-805, Arizona Revised Statutes, is amended to read:
15-805. Attendance officers; powers and duties; citations
A. The attendance officer may enforce the law laws relating to:
1. School attendance of children between the ages of six and sixteen years.
2. The provisions of Section 15‑802, subsection E, and section 15‑803.
3. Employment of children between the ages of six and sixteen years.
B. The attendance officer may:
1. Issue a citation to an adult or child who is alleged to be in violation of laws specified in subsection A of this section to appear before a court of competent jurisdiction and shall advise the person to whom the citation is issued that failure to appear at the time and place specified in the citation may result in the issuance of a warrant for the person's arrest. A citation that is issued to a child who is under eighteen years of age shall require the child's parent or the person having custody to appear with the child at the time and place specified in the citation. The attendance officer shall notify the child's parent or the person having custody that the citation was issued and that the parent or person having custody is required to appear in court with the child and shall give proof of the notice to the court.
2. Issue a citation on an Arizona traffic ticket and complaint form for any violation of laws specified in subsection A of this section.
3. Report a violation of a law specified in subsection A of this section to the local law enforcement agency and request an investigation of the violation. The law enforcement agency shall, when sufficient cause exists, shall refer the matter for prosecution.
4. Enter all places where children may be employed to investigate and enforce the law.
5. Impose a civil penalty on the parent or person having custody of a child who is habitually truant pursuant to section 15-803, subsection C.
Sec. 3. Section 15-1122, Arizona Revised Statutes, is amended to read:
15-1122. Student activities monies; fund; treasurer; assistant treasurers; administration of monies
A. The governing board of any school district having student activities monies shall establish a student activities fund and appoint a student activities treasurer. The student activities treasurer shall deposit the student activities monies and any monies received from civil penalties collected pursuant to section 15-803 in a bank account designated the student activities account or in an account with the county treasurer pursuant to section 15‑996 that is designated as other monies. In school districts that have multiple schools, the governing board may designate an assistant student activities treasurer for each school. Each assistant student activities treasurer shall deposit student activities monies and any monies received from civil penalties collected pursuant to section 15-803 in the school district's student activities bank account, in the account with the county treasurer or in student activities bank accounts established separately for each school. Disbursements from the student activities accounts shall be by check, signed by two persons, one of whom shall be is either the student activities treasurer or an assistant student activities treasurer and one of whom shall be is any other person authorized to sign by the governing board. For school districts that do not assume accounting responsibility pursuant to section 15‑914.01, disbursements may be made by county warrants issued pursuant to section 15‑304 and designated as other monies. The governing board may appoint more than one person to act as cosigner with the student activities treasurer or assistant student activities treasurer. Any disbursement shall be authorized by or on behalf of the student members of the particular club or organization as provided in the uniform system of financial records. The student activities treasurer and assistant student activities treasurers shall give bonds in an amount determined by the governing board, and the cost of bond premiums shall be a charge against the school district.
B. Accounts showing the balances due the respective student organizations as provided in section 15‑1121 shall be kept by the student activities treasurer and assistant student activities treasurers and shall be open to inspection by officers of the student bodies concerned.