SENATE 3rd Reading Unamended February 5, 2007 SENATE Amended 2nd Reading February 2, 2007First Regular Session Sixty-sixth General Assembly STATE OF COLORADO REENGROSSED This Version Includes All Amendments Adopted in the House of Introduction LLS NO. 07-0210.01 Richard Sweetman SENATE BILL 07-016 SENATE SPONSORSHIP Tapia, HOUSE SPONSORSHIP Butcher, Senate Committees House Committees Education A BILL FOR AN ACT Concerning the minimum age for compulsory education. Bill Summary (Note: This summary applies to this bill as introduced and does not necessarily reflect any amendments that may be subsequently adopted.) Effective July 1, 2008, lowers the minimum age of compulsory school attendance from 7 to 6 years of age. Specifies that a parent who educates his or her child through a non-public home-based education program is not required to establish the program until the child is 7 years of age. Be it enacted by the General Assembly of the State of Colorado: SECTION 1. The introductory portion to 22-33-104 (1) (a) and 22-33-104 (5) (a), Colorado Revised Statutes, as they will become effective July 1, 2007, 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 on or before August 1 of each year and is under the age of seventeen years, except as provided by this section, shall attend public school for at least the following number of hours during each school year: (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 on or before August 1 of each year and is under the age of seventeen years shall ensure that such child attends the public school in which such child is enrolled in compliance with this section. SECTION 2. 22-33-104.5 (3) (e), Colorado Revised Statutes, as it will become effective July 1, 2007, is amended to read: 22-33-104.5. Home-based education - legislative declaration - definitions - guidelines. (3) The following guidelines shall apply to a nonpublic home-based educational program: (e) Any parent establishing a nonpublic home-based educational program shall provide written notification of the establishment of said program to a school district within the state fourteen days prior to the establishment of said program and each year thereafter if the program is maintained. The parent in charge and in control of a nonpublic home-based educational program shall certify, in writing, only a statement containing the name, age, place of residence, and number of hours of attendance of each child enrolled in said program. Notwithstanding the provisions of section 22-33-104 (1), a parent who intends to establish a nonpublic home-based educational program is not required to establish nor to: (I) Provide written notification of said the program to a school district within the state until the parent's child is seven six years of age; (II) nor is the parent required to Establish the program until the parent's child is seven years of age; or (III) Continue the program or provide the notification after the child is sixteen years of age. SECTION 3. 22-33-107 (3) (a), Colorado Revised Statutes, as it will become effective July 1, 2007, 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 on or before August 1 of the current year and is under the age of 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. Effective date. (1) This act shall take effect July 1, 2008. (2) However, if a referendum petition is filed against this act or an item, section, or part of this act during the 90-day period after final adjournment of the general assembly that is allowed for submitting a referendum petition pursuant to article V, section 1 (3) of the state constitution, then the act, item, section, or part, shall not take effect unless approved by the people at a biennial regular general election and shall take effect on the date specified in subsection (1) or on the date of the official declaration of the vote thereon by proclamation of the governor, whichever is later.