First Regular Session Seventieth General Assembly STATE OF COLORADO INTRODUCED LLS NO. 15-0632.01 Julie Pelegrin x2700 HOUSE BILL 15-1053 HOUSE SPONSORSHIP Ransom, SENATE SPONSORSHIP (None), House Committees Senate Committees Education A BILL FOR AN ACT Concerning the ages at which children must attend school. Bill Summary (Note: This summary applies to this bill as introduced and does not reflect any amendments that may be subsequently adopted. If this bill passes third reading in the house of introduction, a bill summary that applies to the reengrossed version of this bill will be available at http://www.leg.state.co.us/billsummaries.) Under current law, a child who is at least 6 years of age and under 17 years of age must attend school. The bill changes the ages of compulsory education to at least 7 years of age and under 16 years of age. Be it enacted by the General Assembly of the State of Colorado: SECTION 1. In Colorado Revised Statutes, 22-33-104, amend (1) (a) introductory portion, (3), and (5) (a) as follows: 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 six seven years on or before August 1 of each year and is under the age of seventeen sixteen years, except as provided by this section, shall attend public school for at least the following number of hours during each school year: (3) Unless within one of the exceptions listed in subsection (2) of this section, a child who is deaf or blind, and who has attained the age of six seven years and is under the age of seventeen sixteen, shall attend, for at least one hundred seventy-two days during the school year, a school which provides suitable specialized instruction. The provisions of this subsection (3) shall not apply to a child if the Colorado school for the deaf and the blind refuses him admission and it is impractical to arrange for attendance at a special education class, as provided in article 20 of this title, within daily commuting distance of the child's home. If any school providing instruction for deaf or blind children offers fewer than the necessary one hundred seventy-two days of instruction, the school shall file with the school district in which it is located a report showing the number of days classes were held and the names and ages of the children enrolled. (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 six seven years on or before August 1 of each year and is under the age of seventeen sixteen years shall ensure that such child attends the public school in which such child is enrolled in compliance with this section. SECTION 2. In Colorado Revised Statutes, 22-33-104.5, amend (3) (e) (I) as follows: 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: (I) Provide written notification of the program to a school district within the state until the parent's child is six seven years of age; SECTION 3. In Colorado Revised Statutes, 22-33-107, amend (3) (a) (I) as follows: 22-33-107. Enforcement of compulsory school attendance - definitions. (3) (a) As used in this subsection (3): (I) "Child who is habitually truant" means a child who has attained the age of six seven years on or before August 1 of the year in question and is under the age of seventeen sixteen years and who has 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 are considered excused absences for purposes of this subsection (3). SECTION 4. In Colorado Revised Statutes, 22-52-102, amend (1) as follows: 22-52-102. Eligible students. (1) In order to be eligible to participate in the second chance program, a child shall must be a dropout between seventeen sixteen 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, the child's parent, and the receiving district; but no such a child shall be is not eligible to participate in the second chance program if he or she has achieved a high school diploma or its equivalent. SECTION 5. In Colorado Revised Statutes, 23-1-119, amend (4) as follows: 23-1-119. Department 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 seventeen sixteen years who are not enrolled in a regular program of kindergarten through grade twelve in a public, independent, or parochial school. SECTION 6. In Colorado Revised Statutes, amend 23-20-131 as follows: 23-20-131. Free pupil from each county. Each county is entitled to send one pupil under the age of seventeen sixteen years to said the university of Colorado, tuition free, said pupil to be selected by competitive examination before the county superintendent of such county and given to the highest scholarship. SECTION 7. In Colorado Revised Statutes, 23-60-103, amend (3) as follows: 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 seventeen sixteen years who are not enrolled in a regular program of kindergarten through grade twelve in a public, independent, or parochial school. SECTION 8. 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.