H-135                _______________________________________________

 

                                                    HOUSE BILL NO. 901

                        _______________________________________________

 

State of Washington                              49th Legislature                              1985 Regular Session

 

By Representative Sanders

 

 

Read first time 2/8/85 and referred to Committee on Education.

 

 


AN ACT Relating to compulsory school attendance; and amending RCW 28A.27.010, 28A.27.040, and 28A.27.090.

 

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:

 

        Sec. 1.  Section 2, chapter 10, Laws of 1972 ex. sess. as last amended by section 1, chapter 59, Laws of 1980 and RCW 28A.27.010 are each amended to read as follows:

          All parents, guardians and the persons in this state having custody of any child ((eight)) six years of age and under ((fifteen)) eighteen years of age shall cause such child to attend the public school of the district in which the child resides for the full time when such school may be in session or to attend a private school for the same time unless the applicable school district superintendent ((of the district in which the child resides)) shall have excused such child from attendance because the child:  (1) Is physically or mentally unable to attend school((,)); (2) is attending a residential school operated by the department of social and health services((, or)); (3) has been excused upon the request of his or her parents, guardians, or persons in this state having custody of any such child, for purposes agreed upon by the school authorities and the parent, guardian or custodian:  PROVIDED, That such excused absences shall not be permitted if deemed to cause a serious adverse effect upon the student's educational progress:  PROVIDED FURTHER, That students excused for such temporary absences may be claimed as full time equivalent students to the extent they would otherwise have been so claimed for the purposes of RCW 28A.41.130 and 28A.41.140, as now or hereafter amended, and shall not affect school district compliance with the provisions of RCW 28A.58.754, as now or hereafter amended((.

          All parents, guardians and other persons in this state having custody of any child fifteen years of age and under eighteen years of age shall cause such child to attend the public school of the district in which the child resides for the full time when such school may be in session or to attend a private school for the same time excepting when the school district superintendent determines that such child is physically or mentally unable to attend school or has already attained a reasonable proficiency in the branches required by law to be taught in the first nine grades of the public schools of this state, or the child has been temporarily excused in accordance with this section, or the child is regularly and lawfully engaged in a useful or remunerative occupation, or the child is attending a residential school operated by the department of social and health services, or the child)); (4) is a parent or pregnant; (5) has already met graduation requirements in accordance with state board of education rules and regulations((, or the child)); or (6) has received a certificate of educational competence under rules and regulations established by the state board of education under RCW 28A.04.135.

           An approved private and/or parochial school for the purposes of this section shall be one approved under regulations established by the state board of education pursuant to RCW 28A.04.120  as now or hereafter amended.

 

        Sec. 2.  Section 28A.27.040, chapter 223, Laws of 1969 ex. sess. as last amended by section 56, chapter 275, Laws of 1975 1st ex. sess. and RCW 28A.27.040 are each amended to read as follows:

          To aid in the enforcement of RCW 28A.27.010 through 28A.27.130, attendance officers shall be appointed and employed as follows:  In incorporated city districts the board of directors shall annually appoint one or more attendance officers.  In all other districts the educational service district superintendent shall appoint one or more attendance officers or may act as such himself.

          The compensation of attendance officer in city districts shall be fixed and paid by the board appointing him.  The compensation of attendance officers when appointed by the educational service district superintendents shall be paid by the respective districts.  An educational service district superintendent shall receive no extra compensation if acting as attendance officer.

          Any sheriff, constable, city marshal or regularly appointed policeman may be appointed attendance officer.

          The attendance officer shall be vested with police powers, the authority to make arrests and serve all legal processes contemplated by RCW 28A.27.010 through 28A.27.130, and shall have authority to enter all places in which children may be employed, for the purpose of making such investigations as may be necessary for the enforcement of RCW 28A.27.010 through 28A.27.130.  The attendance officer is authorized to take into custody the person of any child ((eight)) six years of age and ((not over fourteen)) under eighteen years of age, who may be a truant from school, and to conduct such child to his parents, for investigation and explanation, or to the school which he should properly attend.  The attendance officer shall institute proceedings against any officer, parent, guardian, person, company or corporation violating any provisions of RCW 28A.27.010 through 28A.27.130, and shall otherwise discharge the duties prescribed in RCW 28A.27.010 through 28A.27.130, and shall perform such other services as the educational service district superintendent or the superintendent of any school or its board of directors may deem necessary.

          The attendance officer shall keep a record of his transactions for the inspection and information of any school district board of directors, the educational service district superintendent or the city superintendent, and shall make a detailed report to the city superintendent or the  educational service district superintendent as often as the same may be required.

 

        Sec. 3.  Section 28A.27.090, chapter 223, Laws of 1969 ex. sess. and RCW 28A.27.090 are each amended to read as follows:

          Except as otherwise provided in this code, no child under the age of ((fifteen)) eighteen years shall be employed for any purpose by any person, company or corporation, in this state during the hours which the public schools of the district in which such child resides are in session, unless the said child shall present a certificate from a school superintendent as provided for in RCW 28A.27.010, excusing the said child from attendance in the public schools and setting forth the reason for such excuse, the residence and age of the child, and the time for which such excuse is given.  Every owner, superintendent, or overseer of any establishment, company or corporation shall keep such certificate on file so long as such child is employed by him.  The form of said certificate shall be furnished by the superintendent of public instruction.  Proof that any child under ((fifteen)) eighteen years of age is employed during any part of the period in which public schools of the district are in session, shall be deemed prima facie evidence of a violation of this section.