72-1113. Same; noncompliance; duties of boards of education, secretary of social and rehabilitation services, county and district attorneys; agreements between secretary and county or district attorne
72-1113
72-1113. Same; noncompliance; duties of boardsof education, secretary of social and rehabilitation services, county anddistrict attorneys; agreements between secretary and county or districtattorneys, duties; notification of absence to parents.(a) Each board of education shall designate one or more employees whoshall report to the secretary of social and rehabilitation services, or adesignee thereof, or to the appropriate county or district attorney pursuantto an agreement as provided in this section, all cases of children who areless than 13 years of age andare not attending school as required bylaw, and to the appropriate county or district attorney, or a designeethereof, all cases of children who are 13 or more years of age but lessthan 18 years of age and are not attending school as required bylaw. Thedesignation shall be made no later than September 1 of each school year andshall be certified no later than 10 days thereafter by the board ofeducation to the secretary of social and rehabilitation services, or thedesignee thereof, to the county or district attorney, or the designeethereof, and to the commissioner of education. The commissioner ofeducation shall compile and maintain a list of the designated employees ofeach board of education. The local area office of the department of socialand rehabilitation services may enter into an agreement with the appropriatecounty or district attorney to providethat the designated employees of such board of educationshall make the report as provided in this section for all cases of children whoare less than 13 years of age and are not attending school as provided by lawto the county or district attorney in lieu of the secretary, or the secretary'sdesignee.If such agreement is made, the county or district attorney shall carry out allduties as otherwise provided by this subsection conferred on the secretary orthe secretary's designee. A copy of such agreement shallbe provided to the director of such area office of the department of social andrehabilitation services and to the school districts affected by theagreement.
(b) Whenever a child is required by law to attend school, and thechild is not enrolled in a public or nonpublic school, the childshall be considered to be not attending school as required bylaw and a report thereof shall be made in accordance with theprovisions of subsection (a) by a designated employee of the board ofeducation of the school district in which the child resides. Theprovisions of this subsection are subject to the provisions of subsection(d).
(c) (1) Whenever a child is required by law to attend school and isenrolled in school, and the child is inexcusably absent therefrom on eitherthree consecutive school days or five school days in any semester or sevenschool days in any school year, whichever of the foregoing occurs first,the child shall be considered to be not attending school as required bylaw. A child is inexcusably absent from school if the child is absent therefromall or a significant part of a school day without a valid excuse acceptable totheschool employee designated by the board of education to have responsibilityfor the school attendance of such child.
(2) Each board of education shall adopt rules for determination of validexcuse for absence from school and for determination of what shallconstitute a "significant part of a school day" for the purpose of thissection.
(3) Each board of education shall designate one or more employees, whoshall each be responsible for determining the acceptability and validity ofoffered excuses for absence from school of specified children, so that adesignee is responsible for making such determination for eachchild enrolled in school.
(4) Whenever a determination is made in accordance with the provisionsof this subsection that a child is not attending school as required by law,the designated employee who is responsible for such determination shallmake a report thereof in accordance with the provisions of subsection (a).
(5) The provisions of this subsection are subject to the provisions ofsubsection (d).
(d) (1) Prior to making any report under this section that a child isnotattending school as required by law, the designated employee of the boardof education shall serve written notice thereof, by personaldelivery or by first class mail, upon aparent or person acting as parent of the child. The notice shall inform theparentor person acting as parent that continued failure of the child to attendschool without a valid excuse will result in a report being madeto the secretary of socialand rehabilitation services or to the county or district attorney. Uponfailure, on the school day nextsucceeding personal delivery of the notice or within three school days afterthe notice was mailed, of attendance at school by thechild or of an acceptable response, as determined by the designatedemployee, to the notice by a parent or person acting as parent of thechild, the designated employee shall make a report thereof in accordancewith the provisions of subsection (a).The designated employee shall submit with the report a certificate verifyingthe manner in which notice was provided to the parent or person acting asparent.
(2) Whenever a law enforcement officer assumes temporary custody of achildwho is found away from home or school without a valid excuse during the hoursschool is actually in session, and the law enforcement officer delivers thechild to the school in which the child is enrolled or to a location designatedby the school in which the child is enrolled to address truancy issues, thedesignated employee of the board of education shall serve notice thereof upon aparent or person acting as parent of the child. The notice may be oral orwritten and shall inform the parent or person acting as parent of the childthat the child was absent from school without a valid excuse and was deliveredto school by a law enforcement officer.
(e) Whenever the secretary of social and rehabilitation servicesreceives a report required under this section, the secretary shallinvestigate the matter. If, during the investigation, the secretarydetermines that the reported child is not attending school as required bylaw, the secretary shall institute proceedings under the revised Kansascode for care of children. If, during the investigation, the secretarydetermines that a criminal prosecution should be considered, the secretaryshall make a report of the case to the appropriate law enforcement agency.
(f) Whenever a county or district attorney receives a report requiredunder this section, the county or district attorney shall investigate thematter. If, during the investigation, the county or district attorneydetermines that the reported child is not attending school as required bylaw, the county or district attorney shall prepare and file apetitionalleging that the child is a child in need of care.If,during theinvestigation, the county or district attorney determines that a criminalprosecution is necessary, the county or district attorney shallcommence such action.
(g) As used in this section, "board of education" means theboard of education of a school district or the governing authority of anonpublic school. The provisions of this act shall apply to both public andnonpublic schools.
History: L. 1969, ch. 316, § 2;L. 1972, ch. 254, § 1;L. 1973, ch. 279, § 1;L. 1976, ch. 145, § 231;L. 1982, ch. 182, § 141;L. 1986, ch. 158, § 3;L. 1989, ch. 215, § 1;L. 1991, ch. 221, § 1;L. 1995, ch. 29, § 3;L. 1996, ch. 229, § 122;L. 1997, ch. 157, § 2;L. 2000, ch. 150, § 32;L. 2006, ch. 200, § 113; Jan. 1, 2007.