SENATE BILL 97013
BY SENATORS Pascoe and Matsunaka;
also REPRESENTATIVES Dean, Bacon, Clarke, Gotlieb,
Kreutz, Leyba, Mace, Tool, Udall, Veiga, S. Williams, and
CONCERNING ENFORCEMENT OF COMPULSORY SCHOOL ATTENDANCE
Be it enacted by the General Assembly of the State
SECTION 1. 2233104,
Colorado Revised Statutes, 1995 Repl. Vol., is amended BY THE
ADDITION OF A NEW SUBSECTION to read:
2233104. Compulsory school attendance.
(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 SIXYEAROLD 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 SIXYEAROLD CHILD WHOSE PARENT OR LEGAL GUARDIAN
CHOOSES TO WITHDRAW SUCH CHILD.
SECTION 2. 2233108
(6), (7), and (8), Colorado Revised Statutes, 1995 Repl. Vol.,
as amended, are amended to read:
2233108. Judicial proceedings.
(6) In the discretion of the court before which a
proceeding to compel attendance is brought, an order may be issued
AGAINST THE CHILD OR THE CHILD'S PARENT OR BOTH compelling the
child to attend school as provided by this article OR COMPELLING
THE PARENT TO TAKE REASONABLE STEPS TO ASSURE THE CHILD'S ATTENDANCE.
THE ORDER MAY REQUIRE THE CHILD OR PARENT OR BOTH TO FOLLOW AN
APPROPRIATE TREATMENT PLAN THAT ADDRESSES PROBLEMS AFFECTING THE
CHILD'S SCHOOL ATTENDANCE AND THAT ENSURES THE CHILD HAS AN OPPORTUNITY
TO OBTAIN A QUALITY EDUCATION.
(7) If the child does not comply with
the court order ISSUED AGAINST THE CHILD OR AGAINST BOTH THE PARENT
AND THE CHILD, the court may order that an investigation be conducted
as provided in section 192510 (2), C.R.S., and the
court may order the child to show cause why he or she should not
be held in contempt of court. The court may include as a sanction
after a finding of contempt an appropriate treatment plan that
may include, but not be limited to, community service to be performed
by the child, supervised activities, and other activities having
goals that shall ensure that the child has an opportunity to obtain
a quality education. The court may not impose any sanction of
incarceration to a jail, lockup, other place used for the confinement
of adult offenders, or any juvenile detention facility operated
by or under contract with the department of human services.
(8) If the parent refuses or neglects
to obey the order ISSUED AGAINST THE PARENT OR AGAINST BOTH THE
PARENT AND THE CHILD, the court may order the parent to show cause
why he OR SHE should not be held in contempt of court, and, if
the parent fails to show cause, the court may impose a fine of
up to but not more than twentyfive dollars per day or confine
the parent in the county jail until the order is complied with.
SECTION 3. Effective
date. This act shall take effect July 1, 1997.
SECTION 4. 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.
Tom Norton Charles E. Berry
PRESIDENT OF SPEAKER OF THE HOUSE
THE SENATE OF REPRESENTATIVES
Joan M. Albi Judith M. Rodrigue
SECRETARY OF CHIEF CLERK OF THE HOUSE
THE SENATE OF REPRESENTATIVES
GOVERNOR OF THE STATE