1086             1997 Session Laws of Kansas             Ch. 157

An Act concerning schools; relating to the compulsory attendance age of children; amend-
ing K.S.A. 72-1111, as amended by section 121 of chapter 229 of the 1996 Session Laws
of Kansas, and K.S.A. 1995 Supp. 72-1113, as amended by section 122 of chapter 229
of the 1996 Session Laws of Kansas, and repealing the existing sections; also repealing
K.S.A. 72-1111 and K.S.A. 1996 Supp. 72-1113.

Be it enacted by the Legislature of the State of Kansas:

Section 1. K.S.A. 72-1111, as amended by section 121 of chapter 229
of the 1996 Session Laws of Kansas, is hereby amended to read as follows:
72-1111. (a) Subject to the other provisions of this section, every parent
or person acting as parent in the state of Kansas, who has control over or
charge of any child who has reached the age of seven years and is under
the age of 18 years and has not attained a high school diploma or a general
educational development (GED) credential, shall require such child to
attend continuously each school year (1) a public school for the duration
of the school term provided for in K.S.A. 72-1106, and amendments
thereto, or (2) a private, denominational or parochial school taught by a
competent instructor for a period of time which is substantially equivalent
to the period of time public school is maintained in the school district in
which the private, denominational or parochial school is located. If the
child is 16 or 17 years of age, the parent or person acting as parent, by
written consent, or the court, pursuant to a court order, may allow the
child to be exempt from the compulsory attendance requirements of this
section. If the child is 16 or 17 years of age and is regularly enrolled in a
program recognized by the local board of education as an approved al-
ternative educational program, the child shall be exempt from the com-
pulsory attendance requirements of this section. If the child is 16 or 17
years of age, the parent or person acting as parent, by written consent,

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or the court, pursuant to a court order, may allow the child to be exempt
from the compulsory attendance requirements of this section.

(b) If the child is 16 or 17 years of age, the child shall be exempt from
the compulsory attendance requirements of this section if (1) the child is
regularly enrolled in a program recognized by the local board of education
as an approved alternative educational program, or (2) the child and the
parent or person acting as parent attend a final counseling session con-
ducted by the school during which a disclaimer to encourage the child to
remain in school or to pursue educational alternatives is presented to and
signed by the child and the parent or person acting as parent. The dis-
claimer shall include information regarding the academic skills that the
child has not yet achieved, the difference in future earning power between
a high school graduate and a high school drop out, and a listing of edu-
cational alternatives that are available for the child.

(b) (c) Any child who is under the age of seven years, but who is
enrolled in school, is subject to the compulsory attendance requirements
of this section. Any such child may be withdrawn from enrollment in
school at any time by a parent or person acting as parent of the child and
thereupon the child shall be exempt from the compulsory attendance
requirements of this section until the child reaches the age of seven years
or is re-enrolled in school.

(c) (d) Any child who is determined to be an exceptional child, except
for an exceptional child who is determined to be a gifted child, under the
provisions of the special education for exceptional children act is subject
to the compulsory attendance requirements of such act and is exempt
from the compulsory attendance requirements of this section.

(d) (e) No child attending public school in this state shall be required
to participate in any activity which is contrary to the religious teachings
of the child if a written statement signed by one of the parents or a person
acting as parent of the child is filed with the proper authorities of the
school attended requesting that the child not be required to participate
in such activities and stating the reason for the request.

(e) (f) When a recognized church or religious denomination that ob-
jects to a regular public high school education provides, offers and
teaches, either individually or in cooperation with another recognized
church or religious denomination, a regularly supervised program of in-
struction, which is approved by the state board of education, for children
of compulsory school attendance age who have successfully completed
the eighth grade, participation in such a program of instruction by any
such children whose parents or persons acting as parents are members
of the sponsoring church or religious denomination shall be regarded as
acceptable school attendance within the meaning of this act. Approval of
such programs shall be granted by the state board of education, for
two-year periods, upon application from recognized churches and relig-
ious denominations, under the following conditions: (1) Each participat-

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ing child shall be engaged, during each day on which attendance is legally
required in the public schools in the school district in which the child
resides, in at least five hours of learning activities appropriate to the adult
occupation that the child is likely to assume in later years;

(2) acceptable learning activities, for the purposes of this subsection,
shall include parent (or person acting as parent) supervised projects in
agriculture and homemaking, work-study programs in cooperation with
local business and industry, and correspondence courses from schools
accredited by the national home study council, recognized by the United
States office of education as the competent accrediting agency for private
home study schools;

(3) at least 15 hours per week of classroom work under the supervi-
sion of an instructor shall be provided, at which time students shall be
required to file written reports of the learning activities they have pursued
since the time of the last class meeting, indicating the length of time spent
on each one, and the instructor shall examine and evaluate such reports,
approve plans for further learning activities, and provide necessary as-
signments and instruction;

(4) regular attendance reports shall be filed as required by law, and
students shall be reported as absent for each school day on which they
have not completed the prescribed minimum of five hours of learning
activities;

(5) the instructor shall keep complete records concerning instruction
provided, assignments made, and work pursued by the students, and these
records shall be filed on the first day of each month with the state board
of education and the board of education of the school district in which
the child resides;

(6) the instructor shall be capable of performing competently the
functions entrusted thereto;

(7) in applying for approval under this subsection a recognized church
or religious denomination shall certify its objection to a regular public
high school education and shall specify, in such detail as the state board
of education may reasonably require, the program of instruction that it
intends to provide and no such program shall be approved unless it fully
complies with standards therefor which shall be specified by the state
board of education;

(8) if the sponsors of an instructional program approved under this
subsection fail to comply at any time with the provisions of this subsection,
the state board of education shall rescind, after a written warning has
been served and a period of three weeks allowed for compliance, approval
of the programs, even though the two-year approval period has not
elapsed, and thereupon children attending such program shall be admit-
ted to a high school of the school district.

(f) (g) As used in this section, the terms ``parent'' and ``person acting

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as parent'' have the meanings respectively ascribed thereto in K.S.A.
72-1046, and amendments thereto.

Sec. 2. K.S.A. 1995 Supp. 72-1113, as amended by section 122 of
chapter 229 of the 1996 Session Laws of Kansas, is hereby amended to
read as follows: 72-1113. (a) Each board of education shall designate one
or more employees who shall report to the secretary of social and reha-
bilitation services, or a designee thereof, all cases of children who are less
than 13 years of age and are not attending school as required by law, and
to the appropriate county or district attorney, or a designee thereof, all
cases of children who are 13 or more years of age but less than 18 years
of age and are not attending school as required by law. The designation
shall be made no later than September 1 of each school year and shall be
certified no later than 10 days thereafter by the board of education to the
secretary of social and rehabilitation services, or the designee thereof, to
the county or district attorney, or the designee thereof, and to the com-
missioner of education. The commissioner of education shall compile and
maintain a list of the designated employees of each board of education.

(b) Whenever a child is required by law to attend school, and the
child is not enrolled in a public or nonpublic school, the child shall be
considered to be not attending school as required by law and a report
thereof shall be made in accordance with the provisions of subsection (a)
by a designated employee of the board of education of the school district
in which the child resides. The provisions of this subsection are subject
to the provisions of subsection (d).

(c) (1) Whenever a child is required by law to attend school and is
enrolled in school, and the child is inexcusably absent therefrom on either
three consecutive school days or five school days in any semester or seven
school days in any school year, whichever of the foregoing occurs first,
the child shall be considered to be not attending school as required by
law. A child is inexcusably absent from school if the child is absent there-
from all or a significant part of a school day without a valid excuse ac-
ceptable to the school employee designated by the board of education to
have responsibility for the school attendance of such child.

(2) Each board of education shall adopt rules for determination of
valid excuse for absence from school and for determination of what shall
constitute a ``significant part of a school day'' for the purpose of this
section.

(3) Each board of education shall designate one or more employees,
who shall each be responsible for determining the acceptability and va-
lidity of offered excuses for absence from school of specified children, so
that a designee is responsible for making such determination for each
child enrolled in school.

(4) Whenever a determination is made in accordance with the pro-
visions of this subsection that a child is not attending school as required

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by law, the designated employee who is responsible for such determina-
tion shall make a report thereof in accordance with the provisions of
subsection (a).

(5) The provisions of this subsection are subject to the provisions of
subsection (d).

(d) (1) Prior to making any report under this section that a child is
not attending school as required by law, the designated employee of the
board of education shall serve written notice thereof, by personal delivery
or by first class mail, upon a parent or person acting as parent of the child.
The notice shall inform the parent or person acting as parent that con-
tinued failure of the child to attend school without a valid excuse will
result in a report being made to the secretary of social and rehabilitation
services or to the county or district attorney. Upon failure, on the school
day next succeeding personal delivery of the notice or within three school
days after the notice was mailed, of attendance at school by the child or
of an acceptable response, as determined by the designated employee, to
the notice by a parent or person acting as parent of the child, the desig-
nated employee shall make a report thereof in accordance with the pro-
visions of subsection (a). The designated employee shall submit with the
report a certificate verifying the manner in which notice was provided to
the parent or person acting as parent.

(2) Whenever a law enforcement officer assumes temporary custody
of a child who is found away from home or school without a valid excuse
during the hours school is actually in session, and the law enforcement
officer delivers the child to the school in which the child is enrolled or to
a location designated by the school in which the child is enrolled to ad-
dress truancy issues, the designated employee of the board of education
shall serve notice thereof upon a parent or person acting as parent of the
child. The notice may be oral or written and shall inform the parent or
person acting as parent of the child that the child was absent from school
without a valid excuse and was delivered to school by a law enforcement
officer.

(e) Whenever the secretary of social and rehabilitation services re-
ceives a report required under this section, the secretary shall investigate
the matter. If, during the investigation, the secretary determines that the
reported child is not attending school as required by law, the secretary
shall institute proceedings under the code for care of children. If, during
the investigation, the secretary determines that a criminal prosecution
should be considered, the secretary shall make a report of the case to the
appropriate law enforcement agency.

(f) Whenever a county or district attorney receives a report required
under this section, the county or district attorney shall investigate the
matter. If, during the investigation, the county or district attorney deter-
mines that the reported child is not attending school as required by law,
the county or district attorney shall prepare and file a petition alleging

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that the child is a child in need of care. If, during the investigation, the
county or district attorney determines that a criminal prosecution is nec-
essary, the county or district attorney shall commence the same.

(g) As used in this section, ``board of education'' means the board of
education of a school district or the governing authority of a nonpublic
school. The provisions of this act shall apply to both public and nonpublic
schools.

Sec. 3. K.S.A. 72-1111 and K.S.A. 72-1111, as amended by section
121 of chapter 229 of the 1996 Session Laws of Kansas, and K.S.A. 1995
Supp. 72-1113, as amended by section 122 of chapter 229 of the 1996
Session Laws of Kansas, and K.S.A. 1996 Supp. 72-1113 are hereby re-
pealed.

Sec. 4. This act shall take effect and be in force from and after its
publication in the statute book.

Approved May 9, 1997.