Bill > HF552

Introduced Session

This bill relates to compulsory education by modifying provisions related to chronic absenteeism and school engagement meetings. Current law requires the boards of directors of school districts to adopt a policy or rules relating to children who are chronically absent. The bill modifies this provision to provide that the policy or rules relate to students who are chronically absent. Current law establishes that the policy or rules adopted by the boards of directors of school districts must not apply to certain specified children. The bill modifies this provision to provide that the policy or rules must not apply to certain specified students. Current Code section 299.6 provides that any person who violates the compulsory attendance laws commits a public offense. The bill modifies this provision to provide that a person commits a public offense if the person is a parent, guardian, or legal or actual custodian of a child who is of compulsory attendance age, the parent, guardian, or legal or actual custodian has failed to cause the child to attend a public school or an accredited nonpublic school, or to place the child under competent private instruction or independent private instruction in the manner provided in Code chapter 299 (compulsory education), and the child is truant. Under Code section 299.6, a first offense is a simple misdemeanor and a conviction is punishable by imprisonment not exceeding 10 days or a fine not exceeding $100. Additionally, the court may order the person to perform not more than 40 hours of unpaid community service instead of any fine or imprisonment. A second offense is a serious misdemeanor and a conviction is punishable by imprisonment not exceeding 20 days or a fine not exceeding $500, or both a fine and imprisonment. The court may order the person to perform unpaid community service instead of any fine or imprisonment. A third or subsequent offense is a serious misdemeanor and a conviction is punishable by imprisonment not exceeding 30 days or a fine not exceeding $1,000, or both a fine and imprisonment. The court may order the person to perform unpaid community service instead of any fine or imprisonment. Current law provides that any person who is referred for prosecution under Code section 299.12 (failure to attend) and is convicted of a violation of any of the provisions of Code sections 299.1 through 299.5 commits a public offense. The bill strikes this provision. Current Code section 299.12 provides that when a child becomes “chronically absent”, a school official is required to send notices to certain interested parties, including the county attorney and either the child’s parent, guardian, legal or actual custodian, or the child, and if the child accumulates additional absences, initiate and participate in a school engagement meeting. The bill provides that, for purposes of Code section 299.12, a student can be considered “chronically absent” regardless of whether the student is of compulsory attendance age. The bill makes conforming changes. Current law provides that when a child becomes “chronically absent” under Code section 299.12 (failure to attend), a school official is required to send a notice by certified mail to the child’s parent, guardian, or legal or actual custodian of the child, if the child is not an emancipated minor, or to the child, if the child is an emancipated minor, that includes information related to the child’s absences from school and the policies and disciplinary processes associated with additional absences. The bill modifies this provision to provide that the notice is required to be sent by ordinary mail or electronic mail. Current law provides that if a child is absent from school for greater than or equal to 15 percent of the days or hours in the grading period, a school official shall attempt to find the cause for the child’s absences and shall initiate and participate in a school engagement meeting. The bill requires the school official to send a notice by certified mail to the student’s parent, guardian, or legal or actual custodian of the student, if the student is not an emancipated minor, or to the student, if the student is an emancipated minor, regarding the school engagement meeting that includes information related to the policies and disciplinary processes associated with additional absences and failing to participate in the school engagement meeting. For purposes of determining whether a student is “absent” under Code section 299.12, the bill provides that a student’s absence that is related to either the exceptions described in the school district’s policy or rules relating to children who are chronically absent, or to the exceptions set out in Code section 299.2, shall not be considered an absence. Those exceptions apply to any child: who has completed the requirements for graduation in a public school district or has obtained a high school equivalency diploma, who is excused for sufficient reason by any court of record or judge, while the child is attending religious services or receiving religious instructions, who is unable to attend school due to legitimate medical reasons, who has an individualized education program that affects the child’s attendance, who has a plan under section 504 of the federal Rehabilitation Act that affects the child’s attendance, who is attending an accredited private college preparatory school, who has been excused under Code section 299.22 (deaf or hard of hearing and blind children), or who is exempted under Code section 299.24 (religious groups exempted from school standards).

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Megan Jones (R)*, 

Subcommittee recommends passage. (on 03/04/2025)

Official Document