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PUBLIC LAWS OF MAINE
Second Special Session of the 121st

CHAPTER 533
H.P. 800 - L.D. 1082

An Act Regarding Habitual Truants

Be it enacted by the People of the State of Maine as follows:

     Sec. 1. 20-A MRSA §5001-A, sub-§2, ¶C, as amended by PL 1985, c. 123, §1, is further amended to read:

     Sec. 2. 20-A MRSA §5051, as amended by PL 1999, c. 198, §§1 and 2, is repealed.

     Sec. 3. 20-A MRSA §5051-A is enacted to read:

§5051-A. Habitual truancy

     1. Habitually truant. A student is habitually truant if the student:

     2. Procedures. This subsection governs the procedure to be followed when a student is habitually truant.

     3. Reports. This subsection applies to reports of habitual truancy.

     Sec. 4. 20-A MRSA §5053, as amended by PL 1989, c. 415, §§22 to 25, is repealed.

     Sec. 5. 20-A MRSA §5053-A is enacted to read:

§5053-A. Enforcement

     1. Civil violation. If a parent has control of a student who is habitually truant and that parent is primarily responsible for that truancy, that parent commits a civil violation for which a fine of not less than $25 may be adjudged.

     2. Dispositions. The court may also order a parent adjudicated as violating subsection 1 to take specific action to ensure the child's attendance at school; comply with the plan developed in accordance with section 5051-A, subsection 2, paragraph A; participate in a parent-training class; attend school with the child; perform community service hours at the school; or participate in counseling or other services as appropriate.

     3. Notice required. Notice must be provided to the parent pursuant to section 5051-A, subsection 2, paragraph C before a prosecution for violating subsection 1 may be brought against the parent.

     4. Prima facie proof. Evidence that shows that the parent received the notice under section 5051-A, subsection 2 and that the child has accumulated 10 absences that are not justified under the established attendance policies of the school administrative unit is prima facie proof that the child's parent failed to enroll the child in school, failed to send the child to school or failed to require the child to regularly attend school.

     5. Defense. It is a defense to a prosecution under subsection 1 that the parent has exercised reasonable diligence in attempting to cause a child in the parent's custody to attend school or that the administrators of the child's school did not perform their duties as required by law.

     6. Process. Service of a summons on the parent pursuant to subsection 1 must be in accordance with the Maine Rules of Civil Procedure.

     7. Jurisdiction. The District Court has jurisdiction over violations under subsection 1.

     Sec. 6. 20-A MRSA §6810, as enacted by PL 1981, c. 693, §§5 and 8, is amended to read:

§6810. Truancy

     The penalty for truancy is outlined in section 5053 5053-A.

     Sec. 7. 20-A MRSA §7405, sub-§1, as amended by PL 1999, c. 775, §6, is further amended to read:

     1. Enrollment. The superintendent of the school administrative unit in which a deaf or hard-of-hearing student resides, with the consent of that student's parent or legal guardian and in accordance with the limitations in section 5051 5051-A, may enroll that student in one of the center school programs or the satellite school programs. The sums necessary for tuition and room and board of the student while attending one of the center school programs or satellite school programs, as determined by the individualized education program of the student, must be paid by the school board.

Effective July 30, 2004, unless otherwise indicated.

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