GENERAL ASSEMBLY OF NORTH CAROLINA

SESSION 1993

H	2 

HOUSE BILL 227
Committee Substitute Favorable 5/7/93

Short Title:  Compulsory Attendance Law Enhanced.	(Public)
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Sponsors:
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Referred to:  
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February 22, 1993

A BILL TO BE ENTITLED
AN ACT TO ENHANCE THE COMPULSORY ATTENDANCE LAW.
The General Assembly of North Carolina enacts:
Section 1.  The title of Part 1 of Article 26 of Chapter 115C of the General Statutes reads as rewritten:
"Part 1.  Compulsory Attendance Enhanced."
Sec. 2.  G.S. 115C-378 reads as rewritten:
"§ 115C-378.  Children required to attend.
Every parent, legal guardian or other person in this State having charge or control of a child between the ages of seven and 16 years 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. Every parent, legal guardian, or other person in this State having charge or control of a child under age seven who is enrolled in a public school in grades kindergarten through two shall also 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equal to the time which the public school to which the child is assigned shall be in session unless the child has withdrawn from school. No person shall encourage, entice or counsel any such child to be unlawfully absent from school. The parent, legal 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 the principal's designee shall notify the parent, legal guardian, or custodian of his or her 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, legal guardian, or custodian by mail that he or she appears to 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 social worker shall work with the child and the child's 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 school social worker may request that a law-enforcement officer accompany him or her if the school social worker 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 the child's parent, legal guardian, or custodian to determine whether the parent, legal guardian, or custodian has received notification pursuant to this section and made an effective effort to comply with the law. If the principal determines that parent, legal guardian, or custodian has not, the principal shall notify the district attorney. If the principal determines that parent, legal guardian, or custodian has received notification pursuant to this section and made an effective effort to comply with the law, the principal shall 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, legal 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, legal guardian, or custodian is responsible for the absences."
Sec. 3.  G.S. 115C-379 reads as rewritten:
"§ 115C-379.  Method of enforcement.
It shall be the duty of the State Board of Education to formulate such rules and regulations as may be necessary for the proper enforcement of the provisions of this Part. The Board shall prescribe what shall constitute unlawful absence, what causes may constitute legitimate excuses for temporary nonattendance due to physical or mental inability to attend. It shall be the duty of all school officials to carry out such instructions from the State Board of Education, and any school official failing to carry out such instructions shall be guilty of a misdemeanor: Provided, that the compulsory attendance law herein prescribed shall not be in force in any local school administrative unit that has a higher compulsory attendance feature than that provided herein."
Sec. 4.  G.S. 115C-380 reads as rewritten:
"§ 115C-380.  Penalty for violation.
Any parent, legal guardian or other person violating the provisions of this Part shall be guilty of a misdemeanor and upon conviction shall be fined not less than one hundred dollars ($100.00) or imprisoned not more than 30 days, or both, in the discretion of the court."
Sec. 5.  G.S. 115C-381 reads as rewritten:
"§ 115C-381.  School social workers; reports; prosecutions.
The Superintendent of Public Instruction shall prepare such rules and procedures and furnish such blanks for teachers and other school officials as may be necessary for reporting such case of unlawful absence or lack of attendance to the school social worker of the respective local school administrative units. Such rules shall provide, among other things, for a notification in writing, to the person responsible for the nonattendance of any child, that the case is to be reported to the school social worker of the local school administrative unit unless the law is complied with immediately. Upon recommendation of the superintendent, local boards of education may employ school social workers and such school social workers shall have authority to report and verify on oath the necessary criminal warrants or other documents for the prosecutions of violations of this Part: Provided, that local school administrative units shall provide in their local operating budgets for travel and necessary office expense for such school social workers as may be employed through State or local funds, or both. The State Board of Education shall determine the process for allocating school social workers to the various local school administrative units, establish their qualifications, and develop a salary schedule which shall be applicable to such personnel: Provided, that persons now employed by local boards of education as attendance counselors shall be deemed qualified as school social workers under the terms of this Part subject to the approval of said local boards of education.
The school social worker shall investigate all violators of the provisions of this Part. The reports of unlawful absence required to be made by teachers and principals to the school social worker shall, in case of any prosecution, constitute prima facie evidence of the violation of this Part and the burden of proof shall be upon the defendant to show the lawful attendance of the child or children upon an authorized school."
Sec. 6.  G.S. 115C-382 is repealed.
Sec. 7.  This act becomes effective July 1, 1993, and applies to school years beginning after that date.