GENERAL ASSEMBLY OF NORTH CAROLINA

SESSION 1989

H	2 

HOUSE BILL 475
Committee Substitute Favorable 4/27/89

Short Title:  School Attendance Age/Youth Work.	(Public)
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Sponsors:
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Referred to:  
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March 7, 1989

A BILL TO BE ENTITLED
AN ACT TO ADDRESS THE SCHOOL DROPOUT PROBLEM BY LIMITING THE NUMBER OF HOURS THAT YOUTH WHO HAVE NOT GRADUATED FROM HIGH SCHOOL MAY WORK, AND BY EXPANDING THE COMPULSORY ATTENDANCE AGE RANGE.
Whereas, principals and counselors have observed an increasing number of students who have demanding jobs that have interfered with their study opportunities; and
Whereas, recent studies have demonstrated that youth employment can and does have an adverse impact on the youth's academic performance, in that sixty-seven percent (67%) of eleventh grade dropouts worked 20 hours or more per week and that eight percent (8%) worked 40 hours or more per week; and
Whereas, about one-half of recent dropouts have admitted that jobs did interfere with school and that this situation was involved in their decision to drop out of school; and
Whereas, a major reason that youth drop out of school is to obtain or to continue employment that enables them to purchase an automobile or to make some other major purchase; and
Whereas, current law does not restrict the number of hours that youth who are 16 years of age or older may work; allows youth to drop out of school at age 16; and allows youth to obtain a drivers license at age 16; Now, therefore,
The General Assembly of North Carolina enacts:
Section 1. Effective July 1, 1989, G.S. 95-25.5 is amended by adding a new subsection to read:
"( b1)	Youths 16 or 17 years of age may be employed by employers:
(1)	Not before 7 a.m. except when there is no school for the youth on that day, and not after 9 p.m. except when there is no school for the youth the next day; and
(2)	During a school term for the youth, no more hours per week than the following:
	Days school in session
	for the youth	Weekly hours
5	20
4	28
3	36
2 or less	40."
Sec. 2.  Effective July 1, 1989, G.S. 95-25.5(k) reads as rewritten:
"(k)	Persons and establishments required to comply with or subject to regulation of child labor under the Fair Labor Standards Act are exempt from all provisions of this section, except the certificate requirements of subsection (a), the prohibition from occupations found and declared to be detrimental by the Commissioner of Labor pursuant to subsection (b), the provisions of subsection (b1), and the prohibitions of subsection (j).  In addition, employment certificates will not be issued if such person's employment will be in violation of the applicable child labor provisions of the Fair Labor Standards Act.  Such employers may also be assessed civil penalties pursuant to G.S. 95-25.23 for each violation of the provisions of this section or any regulation issued hereunder from which there is no exemption."
Sec. 3. (a) Effective July 1, 1989, G.S. 115C-378 reads as rewritten:
"§ 115C-378. Children between six and 17 required to attend.
Every parent, guardian or other person in this State having charge or control of a child between the ages of six and 17 years who has not graduated from high school shall cause such child to attend school continuously for a period equal to the time which the public school to which the child is assigned shall be in session. No person shall encourage, entice or counsel any such child to be unlawfully absent from school. The parent, guardian, or custodian of a child shall notify the school of the reason for each known absence of the child, in accordance with local school policy.
The principal, superintendent, or teacher who is in charge of such  school shall have the right to excuse a child temporarily from attendance on account of sickness or other unavoidable cause which does not constitute unlawful absence as defined by the State Board of Education. The term ‘school' as used herein is defined to embrace all public schools and such nonpublic schools as have teachers and curricula that are approved by the State Board of Education.
All nonpublic schools receiving and instructing children of a compulsory school age shall be required to keep such records of attendance and render such reports of the attendance of such children and maintain such minimum curriculum standards as are required of public schools; and attendance upon such schools, if the school refuses or neglects to keep such records or to render such reports, shall not be accepted in lieu of attendance upon the public school of the district to which the child shall be assigned: Provided, that instruction in a nonpublic school shall not be regarded as meeting the requirements of the law unless the courses of instruction run concurrently with the term of the public school in the district and extend for at least as long a term.
The principal or his designee shall notify the parent, guardian, or custodian of his child's excessive absences after the child has accumulated three unexcused absences in a school year. After not more than six unexcused absences, the principal shall notify the parent, guardian, or custodian by mail that he may be in violation of the Compulsory Attendance Law and may be prosecuted if the absences cannot be justified under the established attendance policies of the State and local boards of education. Once the parents are notified, the school attendance counselor shall work with the child and his family to analyze the causes of the absences and determine steps, including adjustment of the school program or obtaining supplemental services, to eliminate the problem. The attendance counselor may request that a law-enforcement officer accompany him if he believes that a home visit is necessary.
After 10 accumulated unexcused absences in a school year the principal shall review any report or investigation prepared under G.S. 115C-381 and shall confer with the student and his parent, guardian, or custodian if possible to determine whether the parent, guardian, or custodian has received notification pursuant to this section and made a good faith effort to comply with the law. If the principal determines that parent, guardian, or custodian has not, he shall notify the district attorney. If he determines that parent, guardian, or custodian has, he may file a complaint with the juvenile intake counselor under G.S. 7A-561 that the child is habitually absent from school without a valid excuse. Evidence that shows that the parents, guardian, or custodian were notified and that the child has accumulated 10 absences which cannot be justified under the established attendance policies of the local board shall establish a prima facie case that the child's parent, guardian, or custodian is responsible for the absences."
(b) Effective July 1, 1989, G.S. 115C-382 reads as rewritten:
"§ 115C-382. Investigation of indigency.
If affidavit shall be made by the parent of a child or by any other person that any child between the ages of six and 17 years is not able to attend school by reason of necessity to work or labor for the support of himself or the support of the family, then the school social worker shall diligently inquire into the matter and bring it to the attention of some court allowed by law to act as a juvenile court, and said court shall proceed to find whether as a matter of fact such parents, or persons standing in loco parentis, are unable to send said child to school for the term of compulsory attendance for the reasons given. If the court shall find, after careful investigation, that the parents have made or are making bona fide effort to comply with the compulsory attendance law, and by reason of illness, lack of earning capacity, or any other cause which the court may deem valid and sufficient, are unable to send said child to school, then the court shall find and state what help is needed for the family to enable compliance with the attendance law. The court shall transmit its findings to the director of social services of the county or city in which the case may arise for such social services officer's consideration and action."
Sec. 4. Effective July 1, 1990, G.S. 115C-378 and G.S. 115C-382, as amended by Section 3 of this act, are further amended by deleting the number "17”wherever it appears and substituting the number "18".
Sec. 5. This act is effective upon ratification and shall not apply to any person who has withdrawn from school before the provisions of G.S. 115C-378 and G.S. 115C-382 as amended by this act become applicable to such person.