GENERAL ASSEMBLY OF NORTH CAROLINA

SESSION 2015

H                                                                                                                                                    1

HOUSE BILL 838

 

 

Short Title:        Increase Dropout Age to 18.		(Public)
Sponsors:	Representatives C. Graham, Lambeth, and G. Graham (Primary Sponsors). For a complete list of Sponsors, refer to the North Carolina General Assembly Web Site.
Referred to:	Education ‑ K‑12.

April 15, 2015

A BILL TO BE ENTITLED

AN ACT to raise the high school dropout age over a two‑year period.

Whereas, of the individuals 16 years of age or older under the supervision of the Division of Adult Correction and Juvenile Justice, Department of Public Safety, seventy‑two and one‑tenth percent (72.1%) of those individuals report having dropped out of school; and

Whereas, North Carolina's dropout rate was two and twenty‑eight hundredths percent (2.28%) in the 2013‑2014 school year, with 10,404 students leaving school before graduation; and

Whereas, male students accounted for sixty‑two and seven‑tenths percent (62.7%) of the dropouts, with minority students dropping out at a higher rate and the highest rates among minority students being American Indian students, followed by Hispanic and African‑American students; and

Whereas, even though dropout rates have shown a decline in recent years, North Carolina is losing too many young people to life in poverty, homelessness, and entry into the juvenile justice system and adult corrections because of a lack of education that results in diminishing options for those individuals; and

Whereas, raising the mandatory attendance age for students from 16 years of age to 17 years of age and then to 18 years of age will help to alleviate the loss of our youthful talent and energy for the common good; Now, therefore,

The General Assembly of North Carolina enacts:

SECTION 1.(a)  G.S. 115C‑378 reads as rewritten:

"§ 115C‑378.  Children required to attend.

(a)        EveryExcept as otherwise provided in this section, every parent, guardian or custodian in this State having charge or control of a child between the ages offrom seven and 16 years of age up to 17 years of age shall cause the child to attend school continuously for a period equal to the time which the public school to which the child is assigned shall be in session. A student who is 17 years of age shall attend school continuously until the completion of the school year coinciding with the calendar year in which the student reaches 17 years of age, unless the student graduates from high school. Every parent, guardian, or custodian in this State having charge or control of a child under age seven who is enrolled in a public school in grades kindergarten through two shall also cause the child to attend school continuously for a period equal to the time which the public school to which the child is assigned shall be in session unless the child has withdrawn from school.

(a1)      [Reserved]

(a2)      A student who is at least 17 years of age shall be excused from the compulsory attendance requirements of this Part if the student enrolls in a high school education program at a community college as defined under G.S. 115D‑2(2) and submits documentation to the community college of approval for enrollment from the local school administrative unit and approval from the student's parent, guardian, or custodian.

…."

SECTION 1.(b)  G.S. 115C‑238.66(3) reads as rewritten:

"(3)      School attendance. – Every parent, guardian, or other person in this State having charge or control of a child who is enrolled in the regional school and who is less than 1617 years of age shall cause such child to attend school continuously for a period equal to the time that the regional school shall be in session. A student who is 17 years of age shall attend school continuously until the completion of the school year coinciding with the calendar year in which the student reaches 17 years of age, unless the student graduates from high school. No person shall encourage, entice, or counsel any childstudent to be unlawfully absent from the regional school. Any person who aids or abets a student's unlawful absence from the regional school shall, upon conviction, be guilty of a Class 1 misdemeanor. The principal shall be responsible for implementing such additional policies concerning compulsory attendance as shall be adopted by the board of directors, including regulations concerning lawful and unlawful absences, permissible excuses for temporary absences, maintenance of attendance records, and attendance counseling."

SECTION 1.(c)  G.S. 115D‑1 reads as rewritten:

"§ 115D‑1.  Statement of purpose.

The purposes of this Chapter are to provide for the establishment, organization, and administration of a system of educational institutions throughout the State offering courses of instruction in one or more of the general areas of two‑year college parallel, technical, vocational, and adult education programs, to serve as a legislative charter for such institutions, and to authorize the levying of local taxes and the issuing of local bonds for the support thereof. The major purpose of each and every institution operating under the provisions of this Chapter shall be and shall continue to be the offering of vocational and technical education and training, and of basic, high school level, academic education needed in order to profit from vocational and technical education, for students who are high school graduates or who are (i) beyond the compulsory age limit of the public school system or (ii) otherwise authorized to enroll in accordance with G.S. 115C‑378 and who have left the public schools, provided, juveniles of any age committed to the Division of Juvenile Justice of the Department of Public Safety by a court of competent jurisdiction may, if approved by the director of the youth development center to which they are assigned, take courses offered by institutions of the system if they are otherwise qualified for admission.

The Community Colleges System Office is designated as the primary lead agency for delivering workforce development training, adult literacy training, and adult education programs in the State."

SECTION 1.(d)  G.S. 116‑235(b)(2) reads as rewritten:

"(2)      School Attendance. – Every parent, guardian, or other person in this State having charge or control of a child who is enrolled in the School and who is less than 1617 years of age shall cause such child to attend school continuously for a period equal to the time which the School shall be in session. A student who is 17 years of age shall attend school continuously until the completion of the school year coinciding with the calendar year in which the student reaches 17 years of age, unless the student graduates from high school. No person shall encourage, entice, or counsel any childstudent to be unlawfully absent from the School. Any person who aids or abets a student's unlawful absence from the School shall, upon conviction, be guilty of a Class 1 misdemeanor. The Chancellor of the School shall be responsible for implementing such additional policies concerning compulsory attendance as shall be adopted by the Board of Trustees, including regulations concerning lawful and unlawful absences, permissible excuses for temporary absences, maintenance of attendance records, and attendance counseling."

SECTION 1.(e)  G.S. 7B‑1501(27) reads as rewritten:

"(27)    Undisciplined juvenile. –

a.         A juvenile who, while less than 1618 years of age but at least 6 years of age, is unlawfully absent from school; or is regularly disobedient to and beyond the disciplinary control of the juvenile's parent, guardian, or custodian; or is regularly found in places where it is unlawful for a juvenile to be; or has run away from home for a period of more than 24 hours; orhours.

b.         A juvenile who is 16 or 17 years of age and who is regularly disobedient to and beyond the disciplinary control of the juvenile's parent, guardian, or custodian; or is regularly found in places where it is unlawful for a juvenile to be; or has run away from home for a period of more than 24 hours."

SECTION 1.(f)  G.S. 143B‑805(20) reads as rewritten:

"(20)    Undisciplined juvenile. –

a.         A juvenile who, while less than 1618 years of age but at least 6 years of age, is unlawfully absent from school; or is regularly disobedient to and beyond the disciplinary control of the juvenile's parent, guardian, or custodian; or is regularly found in places where it is unlawful for a juvenile to be; or has run away from home for a period of more than 24 hours; orhours.

b.         A juvenile who is 16 or 17 years of age and who is regularly disobedient to and beyond the disciplinary control of the juvenile's parent, guardian, or custodian; or is regularly found in places where it is unlawful for a juvenile to be; or has run away from home for a period of more than 24 hours."

SECTION 2.(a) Part 1 of Article 26 of Chapter 115C of the General Statutes reads as rewritten:

"Article 26.

"Attendance.

"Part 1.  Compulsory Attendance.

"§ 115C‑378.  ChildrenPersons required to attend.

(a)        Except as otherwise provided in this section, every parent, guardian or custodian in this State having charge or control of a child from seven years of age up to 1718 years of age shall cause the child to attend school continuously for a period equal to the time which the public school to which the child is assigned shall be in session. A student who is 17 years of age shall attend school continuously until the completion of the school year coinciding with the calendar year in which the student reaches 17 years of age, unless the student graduates from high school. Every parent, guardian, or custodian in this State having charge or control of a child under age seven who is enrolled in a public school in grades kindergarten through two shall also cause the child to attend school continuously for a period equal to the time which the public school to which the child is assigned shall be in session unless the child has withdrawn from school.

(a1)      Except as otherwise provided in this section, a student who is 18 years of age shall attend school continuously until the completion of the school year coinciding with the calendar year in which the student reaches 18 years of age, unless the student graduates from high school. A local board of education shall adopt policies to address whether a student who is 18 years of age, who would otherwise be required to attend school under this Part, may be excused from compulsory attendance under certain circumstances, including if a student has attained a high school equivalency certificate or has enlisted as a member of the Armed Forces.

(a2)      A student who is at least 17 years of age shall be excused from the compulsory attendance requirements of this Part if the student enrolls in a high school education program at a community college as defined under G.S. 115D‑2(2) and submits documentation to the community college of approval for enrollment from the local school administrative andand, if the student is less than 18 years of age, approval from the student's parent, guardian, or custodian.

(b)        No person shall encourage, entice or counsel any childstudent of compulsory school age to be unlawfully absent from school. TheIf the student is less than 18 years of age, the parent, guardian, or custodian of a childthe student shall notify the school of the reason for each known absence of the child,student in accordance with local school board policy. A student who is 18 years of age required to attend school under this Part shall notify the school for the reason for an absence, in accordance with local school board policy.

(c)        The principal, superintendent, or a designee of the principal or superintendent shall have the right to excuse a childstudent temporarily from attendance on account of sickness or other unavoidable cause that does not constitute unlawful absence as defined by the State Board of Education. The term "school" as used in this section includes all public schools and any nonpublic schools which have teachers and curricula that are approved by the State Board of Education.

(d)        All nonpublic schools receiving and instructing childrenstudents of compulsory school age shall be required to make, maintain, and render attendance records of those childrenstudents and maintain the minimum curriculum standards required of public schools. If a nonpublic school refuses or neglects to make, maintain, and render required attendance records, attendance at that school shall not be accepted in lieu of attendance at the public school of the district to which the childstudent shall be assigned. Instruction in a nonpublic school shall not be regarded as meeting the requirements of the law unless the courses of instruction run concurrently with the term of the public school in the district and extend for at least as long a term.

(e)        The principal or the principal's designee shall notify the parent, guardian, or custodian of his or her child'scustodian of a student less than 18 years of age, or a student who is 18 years of age, of excessive absences after the childstudent has accumulated three unexcused absences in a school year. After not more than six unexcused absences, the principal or the principal's designee shall notify the parent, guardian, or custodiancustodian, or a student who is 18 years of age, by mail that he or she may be in violation of the Compulsory Attendance Law and may be prosecuted if the absences cannot be justified under the established attendance policies of the State and local boards of education. Once the parents or student are notified, the school attendance counselor shall work with the childstudent and the child's familystudent's family, when applicable, to analyze the causes of the absences and determine steps, including adjustment of the school program or obtaining supplemental services, to eliminate the problem. The attendance counselor may request that a law enforcement officer accompany him or her if the attendance counselor believes that a home visit is necessary.

(f)         After 10 accumulated unexcused absences in a school year, the principal or the principal's designee shall review any report or investigation prepared under G.S. 115C‑381 and shall confer with the student and the student's parent, guardian, or custodian, if possible, to determine whether the parent, guardian, or custodiancustodian, or student who is 18 years of age, has received notification pursuant to this section and made a good faith effort to comply with the law. If the principal or the principal's designee determines that the parent, guardian, or custodiancustodian, or student, if applicable, has not made a good faith effort to comply with the law, the principal shall notify the district attorney andand, if the student is less than 18 years of age, the director of social services of the county where the child resides. If the principal or the principal's designee determines that thea parent, guardian, or custodian of a student less than 18 years of age has made a good faith effort to comply with the law, the principal may file a complaint with the juvenile court counselor pursuant to Chapter 7B of the General Statutes that the childstudent is habitually absent from school without a valid excuse. Upon receiving notification by the principal or the principal's designee, the director of social services shall determine whether to undertake an investigation under G.S. 7B‑302.

(g)        Documentation that demonstrates that the student's parents, guardian, or custodiancustodian, or a student who is 18 years of age, were notified and that the childstudent has accumulated 10 absences which cannot be justified under the established attendance policies of the local board shall constitute prima facie evidence that the child'sstudent, if applicable, or the student's parent, guardian, or custodian is responsible for the absences.

"§ 115C‑379.  Method of enforcement.

It shall be the duty of the State Board of Education to formulate the rules that may be necessary for the proper enforcement of the provisions of this Part. The Board shall prescribe (i) what shall constitute unlawful absence, (ii) what causes may constitute legitimate excuses for temporary nonattendance due to a student's physical or mental inability to attend or a student's participation in a valid educational opportunity such as service as a legislative page or a Governor's page, and (iii) under what circumstances teachers, principals, or superintendents may excuse pupils for nonattendance due to immediate demands of the farm or the home in certain seasons of the year in the several sections of the State.

The rules shall require school principals to authorize a minimum of two excused absences each academic year for religious observances required by the faith of a student or the student's parents. The rules may require that the student's parents give the principal written notice of the request for an excused absence a reasonable time prior to the religious observance. The student shall be given the opportunity to make up any tests or other work missed due to an excused absence for a religious observance.

It shall be the duty of all school officials to carry out such instructions from the State Board of Education, and any school official failing to carry out such instructions shall be guilty of a Class 3 misdemeanor: Provided, that the compulsory attendance law herein prescribed shall not be in force in any local school administrative unit that has a higher compulsory attendance feature than that provided herein.misdemeanor.

"§ 115C‑380.  Penalty for violation.

Except as otherwise provided in G.S. 115C‑379, any (i) parent, guardian or other person having charge or control of a child or (ii) student who is 18 years of age violating the provisions of this Part shall be guilty of a Class 1 misdemeanor.

"§ 115C‑381.  School social workers; reports; prosecutions.

The Superintendent of Public Instruction shall prepare such rules and procedures and furnish such blanks for teachers and other school officials as may be necessary for reporting such case of unlawful absence or lack of attendance to the school social worker of the respective local school administrative units. Such rules shall provide, among other things, for a notification in writing, to the person responsible for the nonattendance of any child,student, that the case is to be reported to the school social worker of the local school administrative unit unless the law is complied with immediately. Upon  recommendation of the superintendent, local boards of education may employ school social workers and such school social workers shall have authority to report and verify on oath the necessary criminal warrants or other documents for the prosecutions of violations of this Part: Provided, that local school administrative units shall provide in their local operating budgets for travel and necessary office expense for such school social workers as may be employed through State or local funds, or both. The State Board of Education shall determine the process for allocating school social workers to the various local school administrative units, establish their qualifications, and develop a salary schedule which shall be applicable to such personnel: Provided, that persons now employed by local boards of education as attendance counselors shall be deemed qualified as school social workers under the terms of this Part subject to the approval of said local boards of education.

The school social worker shall investigate all violators of the provisions of this Part. The reports of unlawful absence required to be made by teachers and principals to the school social worker shall, in his or her hands, in case of any prosecution, constitute prima facie evidence of the violation of this Part and the burden of proof shall be upon the defendant to show the lawful attendance of the child or childrenstudent or students upon an authorized school.

"§ 115C‑382.  Investigation of indigency.

If affidavit shall be made by the student, parent of a childstudent or by any other person that any childstudent who is required to attend school under G.S. 115C‑378 is not able to attend school by reason of necessity to work or labor for the support of himself or herself, or the support of the family, then the school social worker shall diligently inquire into the matter and bring it to the attention of the court of jurisdiction or some court allowed by law to act as a juvenile court, and said court court, depending on the age of the student. The court shall proceed to find whether as a matter of fact the student is unable to attend the school or such parents, or persons standing in loco parentis, are unable to send said childthe student to school for the term of compulsory attendance for the reasons given. If the court shall find, after careful investigation, that the student or the parents have made or are making bona fide effort to comply with the compulsory attendance law, and by reason of illness, lack of earning capacity, or any other cause which the court may deem valid and sufficient, are unable to send said child tothe student is unable to attend school, then the court shall find and state what help is needed for the student or family to enable compliance with the attendance law. TheIf the student is less than 18 years of age, the court shall transmit its findings to the director of social services of the county or city in which the case may arise for such social services officer's consideration and action."

SECTION 2.(b)  G.S. 115C‑238.66(3) reads as rewritten:

"(3)      School attendance. – Every parent, guardian, or other person in this State having charge or control of a child who is enrolled in the regional school and who is less than 1718 years of age shall cause such child to attend school continuously for a period equal to the time that the regional school shall be in session. A student who is 17 years of age shall attend school continuously until the completion of the school year coinciding with the calendar year in which the student reaches 17 years of age, unless the student graduates from high school. A student who is 18 years of age shall attend school continuously until the completion of the school year coinciding with the calendar year in which the student reaches 18 years of age, unless the student graduates from high school. No person shall encourage, entice, or counsel any student to be unlawfully absent from the regional school. Any person who aids or abets a student's unlawful absence from the regional school shall, upon conviction, be guilty of a Class 1 misdemeanor. The principal shall be responsible for implementing such additional policies concerning compulsory attendance as shall be adopted by the board of directors, including regulations concerning lawful and unlawful absences, permissible excuses for temporary absences, if a student is 18 years of age, excuses from compulsory attendance under certain circumstances, including if a student has attained a high school equivalency certificate or has enlisted as a member of the Armed Forces, maintenance of attendance records, and attendance counseling."

SECTION 2.(c)  G.S. 116‑235(b)(2) reads as rewritten:

"(2)      School Attendance. – Every parent, guardian, or other person in this State having charge or control of a child who is enrolled in the School and who is less than 1718 years of age shall cause such child to attend school continuously for a period equal to the time which the School shall be in session. A student who is 17 years of age shall attend school continuously until the completion of the school year coinciding with the calendar year in which the student reaches 17 years of age, unless the student graduates from high school. A student who is 18 years of age shall attend school continuously until the completion of the school year coinciding with the calendar year in which the student reaches 18 years of age, unless the student graduates from high school. No person shall encourage, entice, or counsel any student to be unlawfully absent from the School. Any person who aids or abets a student's unlawful absence from the School shall, upon conviction, be guilty of a Class 1 misdemeanor. The Chancellor of the School shall be responsible for implementing such additional policies concerning compulsory attendance as shall be adopted by the Board of Trustees, including regulations concerning lawful and unlawful absences, permissible excuses for temporary absences, if a student is 18 years of age, excuses from compulsory attendance under certain circumstances, including if a student has attained a high school equivalency certificate or has enlisted as a member of the Armed Forces, maintenance of attendance records, and attendance counseling."

SECTION 3.  Section 1 of this act becomes effective July 1, 2017, and applies beginning with the 2017‑2018 school year. Section 2 of this act becomes effective July 1, 2018, and applies beginning with the 2018‑2019 school year. The remainder of this act is effective when it becomes law.