| | | A.__Each superintendent shall submit an annual report to | | the commissioner before October 1st.__The report must: |
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| | | (1)__Identify the number of habitual truants in the | | school administrative unit in the preceding school | | year; |
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| | | (2)__Describe the unit's efforts to deal with habitual | | truancy; |
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| | | (3)__Account for actions brought under this section; and |
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| | | (4)__Include any other information on truancy requested | | by the commissioner. |
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| | | B.__The commissioner shall submit an annual report to the | | Governor and the Legislature before January 15th.__The | | report must aggregate the information provided by | | superintendents under paragraph A and must evaluate the | | effect of state laws on the incidence of truancy. |
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| | | Sec. 4. 20-A MRSA §5053, as amended by PL 1989, c. 415, §§22 to | | 25, is repealed. |
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| | | Sec. 5. 20-A MRSA §5053-A is enacted to read: |
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| | | 1.__Class E crime.__The parent of a child of compulsory | | school age who fails to have the child enrolled in school, who | | fails to send the child to school or who fails to require the | | child to regularly attend school is guilty of a Class E crime | | and, upon conviction, is subject to the penalties set forth in | | Title 17-A, section 1301. |
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| | | A.__Evidence that shows that the parent received the | | notice under section 5051-A, subsection 3 and that the | | child has accumulated 10 absences that can not be | | justified under the established attendance policies of the | | school district establishes a prima facie case that the | | child's parent is responsible for the absences.__A | | criminal prosecution may not be brought against a parent | | until after notice has been provided to the parent | | pursuant to section 5051-A, subsection 3, paragraphs C to | | E. |
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| | | B.__Each unlawful absence of a child for 2 full-day school | | sessions or 4 half-day school sessions is a separate | | offense. |
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| | | C.__It is a defense for a parent charged with violating the | | truancy laws to show that the parent has exercised reasonable | | diligence in attempting to cause a child in the |
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