SENATE, No. 357

By Mr. O'Leary (by request), a petition (accompanied by bill, Senate, No. 357) of Jim Powell and Margaret M. Regan for legislation relative to school attendance. Education.
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The Commonwealth of Massachusetts

Seal of the Commonwealth of Massachusetts

In the Year Two Thousand and Seven.


AN ACT relative to school attendance

Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority of the same, as follows:

SECTION 1. Section 1 of chapter 76 of the General Laws, as appearing in the 2002 Official Edition, is hereby amended by striking out, in line 3, the words “fourteen and sixteen” and inserting in place thereof the following words:- 14 and 18.

SECTION 2.  Said section 1 of said chapter 76, as so appearing, is hereby further amended by striking out, in line 4, the words “the sixth grade” and inserting in place thereof the following words:-  high school.

SECTION 3.   Said section 1 of said chapter 76, as so appearing, is hereby further amended by striking out, in line 8, the words “fourteen and sixteen” and inserting in place thereof the following words:- 14 and 18.

SECTION 4.   Section 2 of said chapter 76, as so appearing, is hereby amended by striking out the first sentence and inserting in place thereof the following sentence:- A

person in control of a child described in section 1 shall cause the child to attend school

as therein required and upon failure to do so for 7 day sessions or 14 half day sessions within any period of 6 months, the person shall be notified by first class mail that the student is truant.  The notice may be communicated by electronic means, including e-mail or facsimile machine if the person in control of the child has informed the school authority that the person has the means to receive electronic communications. A copy of the notice shall be sent to the registrar of motor vehicles. The notice shall include the following advice to the parent, guardian or other person in control of the child:

(1)               the obligation to compel attendance of the student;

(2)               that a failure to meet the obligation may result in criminal prosecution;

(3)               that alternative education programs are available in the school district;

(4)               that the child may be subject to prosecution; and

(5)               that the motor vehicle operating privileges may be subject to revocation or suspension  by the registrar of motor vehicles.

SECTION 5.  Notwithstanding any general or special law to the contrary the motor vehicle operating privileges of a student who fails to comply with the attendance requirements of section 2 of chapter 76 of the General Laws shall be revoked or suspended by the registrar of motor vehicles after a hearing.