Second Regular Session Sixty-fifth General Assembly STATE OF COLORADO INTRODUCED LLS NO. 06-0518.01 Richard Sweetman SENATE BILL 06-073 SENATE SPONSORSHIP Tapia, HOUSE SPONSORSHIP (None), Senate Committees House Committees Education A BILL FOR AN ACT Concerning the age specifications relating to compulsory school attendance. Bill Summary (Note: This summary applies to this bill as introduced and does not necessarily reflect any amendments that may be subsequently adopted.) Lowers the minimum age of compulsory school attendance from 7 to 6 years. Raises the maximum age of compulsory school attendance from 16 to 17 years. Be it enacted by the General Assembly of the State of Colorado: SECTION 1. 22-33-104 (1), (1.5), and (5) (a), Colorado Revised Statutes, are amended to read: 22-33-104. Compulsory school attendance. (1) (a) Except as otherwise provided in subsection (2) of this section, every child who has attained the age of seven six years and is under the age of sixteen seventeen years, except as provided by this section, shall attend public school for at least the following number of hours during each school year: (I) One thousand fifty-six hours if a secondary school pupil; or (II) Nine hundred sixty-eight hours if an elementary school pupil during each school year; except that in no case shall in a grade other than kindergarten; (III) Nine hundred hours if a full-day kindergarten pupil; or (IV) Four hundred fifty hours if a half-day kindergarten pupil. (b) Notwithstanding the provisions of paragraph (a) of this subsection (1), a school or schools shall not be in session for fewer than one hundred sixty days without the specific prior approval of the commissioner of education. (c) A student who participates in an on-line program pursuant to the provisions of section 22-33-104.6 shall be deemed to attend school in accordance with the requirements of this subsection (1). (1.5) Notwithstanding the provisions of subsection (1) of this section and any other provision of this article relating to compulsory school attendance, the compulsory school attendance laws apply to a six-year-old child who has been enrolled in a public school in the first grade or in a higher grade level. In such circumstances, the courts may issue orders to compel compliance with the compulsory school attendance requirements of this article. However, this subsection (1.5) shall not apply to a six-year-old child whose parent or legal guardian chooses to withdraw such child. (5) (a) The general assembly hereby declares that two of the most important factors in ensuring a child's educational development are parental involvement and parental responsibility. The general assembly further declares that it is the obligation of every parent to ensure that every child under such parent's care and supervision receives adequate education and training. Therefore, every parent of a child who has attained the age of seven six years and is under the age of sixteen seventeen years shall ensure that such child attends the public school in which such child is enrolled in compliance with this section. SECTION 2. 22-33-104.7, Colorado Revised Statutes, is amended to read: 22-33-104.7. Eligibility for the general educational development tests. Any child sixteen seventeen years of age who submits written evidence of a need to take the GED to be eligible for an educational or vocational program shall be eligible to sit for the GED after complying with all statutory and regulatory requirements in regard to GED testing. SECTION 3. 22-33-107 (3) (a), Colorado Revised Statutes, is amended to read: 22-33-107. Enforcement of compulsory school attendance. (3) (a) As used in this subsection (3), a child who is "habitually truant" means a child who has attained the age of seven six years and is under the age of sixteen seventeen years having four unexcused absences from public school in any one month or ten unexcused absences from public school during any school year. Absences due to suspension or expulsion of a child shall be considered excused absences for purposes of this subsection (3). SECTION 4. 22-2-112 (2), Colorado Revised Statutes, is amended to read: 22-2-112. Commissioner - duties. (2) In accordance with section 22-2-107 (1) (c), the commissioner shall establish requirements enabling residents of this state who are seventeen eighteen years of age or older or who are sixteen seventeen years of age and satisfy the requirements of section 22-33-104.7 to earn a high school equivalency certificate upon satisfaction of said requirements. SECTION 5. 22-2-124 (2) (c) (I), Colorado Revised Statutes, is amended to read: 22-2-124. Family literacy education grant program - rule-making - repeal. (2) As used in this section, unless the context otherwise requires: (c) "Eligible adult" means a person who meets the following criteria: (I) Is at least sixteen seventeen years of age; SECTION 6. 22-52-102 (1), Colorado Revised Statutes, is amended to read: 22-52-102. Eligible students. (1) In order to be eligible to participate in the second chance program, a child shall be a dropout between sixteen seventeen and twenty-one years of age who has been recommended for participation in the program by his or her school district of residence with the concurrence of the child, his the child's parent, and the receiving district; but no such child shall be eligible to participate in the second chance program if he or she has achieved a high school diploma or its equivalent. SECTION 7. 23-1-119 (4), Colorado Revised Statutes, is amended to read: 23-1-119. Commission directive - transition between K-12 education system and postsecondary education system. (4) For purposes of this section, "postsecondary" means related to instruction of students over the age of sixteen seventeen years who are not enrolled in a regular program of kindergarten through grade twelve in a public, independent, or parochial school. SECTION 8. 23-20-131, Colorado Revised Statutes, is amended to read: 23-20-131. Free pupil from each county. Each county is entitled to send one pupil under the age of sixteen seventeen years to said university, tuition free, said pupil to be selected by competitive examination before the county superintendent of such county and given to the highest scholarship. SECTION 9. 23-60-103 (3), Colorado Revised Statutes, is amended to read: 23-60-103. Definitions. As used in this article, unless the context otherwise requires: (3) "Postsecondary" means related to instruction of students over the age of sixteen seventeen years who are not enrolled in a regular program of kindergarten through grade twelve in a public, independent, or parochial school. SECTION 10. Effective date. This act shall take effect July 1, 2006. SECTION 11. Safety clause. The general assembly hereby finds, determines, and declares that this act is necessary for the immediate preservation of the public peace, health, and safety.