Okla. Stat. tit. 70, § 70-10-105

Exceptions - Enforcement.

A. It shall be unlawful for a parent, guardian, or other person

having custody of a child who is over the age of five (5) years, and

under the age of eighteen (18) years, to neglect or refuse to cause

or compel the child to attend and comply with the rules of some

public, private, or other school, unless other means of education

are provided for the full term the schools of the district are in

session or the child is excused as provided in this section. One-

half (1/2) day of kindergarten shall be required of all children

five (5) years of age or older unless the child is excused from

kindergarten attendance as provided in this section. A child who is

five (5) years of age shall be excused from kindergarten attendance

until the next school year after the child is six (6) years of age

if a parent, guardian, or other person having custody of the child

notifies the superintendent of the district where the child is a

resident by certified mail prior to enrollment in kindergarten, or

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at any time during the first school year that the child is required

to attend kindergarten pursuant to this section, of election to

withhold the child from kindergarten until the next school year

after the child is six (6) years of age. A kindergarten program

shall be directed toward developmentally appropriate objectives for

such children. The program shall require that any teacher employed

on and after January 1, 1993, to teach a kindergarten program within

the public school system shall be certified in early childhood

education. All teachers hired to teach a kindergarten program

within the public school system prior to January 1, 1993, shall be

required to obtain certification in early childhood education on or

before the 1996-97 school year in order to continue to teach a

kindergarten program.

B. It shall be unlawful for any child who is over the age of

twelve (12) years and under the age of eighteen (18) years, and who

has not finished four (4) years of high school work, to neglect or

refuse to attend and comply with the rules of some public, private,

or other school, or receive an education by other means for the full

term the schools of the district are in session.

Provided, that this section shall not apply:

1. If any child is prevented from attending school by reason of

mental or physical disability, to be determined by the board of

education of the district upon a certificate of the school physician

or public health physician, or, if no such physician is available, a

duly licensed and practicing physician;

2. If any child is excused from attendance at school, due to an

emergency, by the principal teacher of the school in which the child

is enrolled, at the request of the parent, guardian, custodian, or

other person having custody of the child;

3. If any child who has attained his or her sixteenth birthday

is excused from attending school by written, joint agreement

between:

a. the school administrator of the school district where

the child attends school, and

b. the parent, guardian, or custodian of the child.

Provided, further, that no child shall be excused from

attending school by the joint agreement between a

school administrator and the parent, guardian, or

custodian of the child unless and until it has been

determined that the action is for the best interest of

the child and/or the community, and that the child

shall thereafter be under the supervision of the

parent, guardian, or custodian until the child has

reached the age of eighteen (18) years;

4. If any child is excused from attending school for the

purpose of observing religious holy days if before the absence, the

parent, guardian, or other person having custody or control of the

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child submits a written request for the excused absence. The school
ent, guardian, or custodian until the child has

reached the age of eighteen (18) years;

4. If any child is excused from attending school for the

purpose of observing religious holy days if before the absence, the

parent, guardian, or other person having custody or control of the

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child submits a written request for the excused absence. The school

district shall excuse a child pursuant to this subsection for the

days on which the religious holy days are observed and for the days

on which the child must travel to and from the site where the child

will observe the holy days;

5. If any child is excused from attending school for the

purpose of participating in a military funeral honors ceremony upon

approval of the school principal; or

6. If any child is excused from attending school for the

purpose of receiving speech therapy, occupational therapy, or any

other service related to the child’s individualized education

program developed pursuant to the Individuals with Disabilities

Education Act and the parent, guardian, or other person having

custody or control of the child submits a written request for the

excused absence. The school district shall excuse the child

pursuant to this subsection upon receipt of documentation from the

provider of the therapy or other service.

C. It shall be the duty of the attendance officer to enforce

the provisions of this section. In the prosecution of a parent,

guardian, or other person having custody of a child for violation of

any provision of this section, it shall be an affirmative defense

that the parent, guardian, or other person having custody of the

child has made substantial and reasonable efforts to comply with the

compulsory attendance requirements of this section but is unable to

cause the child to attend school. If the court determines the

affirmative defense is valid, it shall dismiss the complaint against

the parent, guardian, or other person having custody of the child

and shall notify the school attendance officer who shall refer the

child to the district attorney for the county in which the child

resides for the filing of a Child in Need of Supervision petition

against the child pursuant to the Oklahoma Juvenile Code.

D. Any parent, guardian, custodian, child, or other person

violating any of the provisions of this section, upon conviction,

shall be guilty of a misdemeanor, and shall be punished as follows:

1. For the first offense, a fine not less than Twenty-five

Dollars ($25.00) nor more than Fifty Dollars ($50.00), or

imprisonment for not more than five (5) days, or both such fine and

imprisonment;

2. For the second offense, a fine not less than Fifty Dollars

($50.00) nor more than One Hundred Dollars ($100.00), or

imprisonment for not more than ten (10) days, or both such fine and

imprisonment; and

3. For the third or subsequent offense, a fine not less than

One Hundred Dollars ($100.00) nor more than Two Hundred Fifty

Dollars ($250.00), or imprisonment for not more than fifteen (15)

days, or both such fine and imprisonment.

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Each day the child remains out of school after an oral and

documented or written warning has been given to the parent,

guardian, custodian, child, or other person or the child has been

ordered to school by the juvenile court shall constitute a separate

offense.

E. At the trial of any person charged with violating the

provisions of this section, the attendance records of the child or

ward may be presented in court by any authorized employee of the

school district.

F. The court may order the parent, guardian, or other person

having custody of the child to perform community service in lieu of

the fine set forth in this section. The court may require that all

or part of the community service be performed for a public school

district.

G. The court may order as a condition of a deferred sentence or
court by any authorized employee of the

school district.

F. The court may order the parent, guardian, or other person

having custody of the child to perform community service in lieu of

the fine set forth in this section. The court may require that all

or part of the community service be performed for a public school

district.

G. The court may order as a condition of a deferred sentence or

as a condition of sentence upon conviction of the parent, guardian,

or other person having custody of the child any conditions as the

court considers necessary to obtain compliance with school

attendance requirements. The conditions may include, but are not

limited to, the following:

1. Verifying attendance of the child with the school;

2. Attending meetings with school officials;

3. Taking the child to school;

4. Taking the child to the bus stop;

5. Attending school with the child;

6. Undergoing an evaluation for drug, alcohol, or other

substance abuse and following the recommendations of the evaluator;

and

7. Taking the child for drug, alcohol, or other substance abuse

evaluation and following the recommendations of the evaluator,

unless excused by the court.