SENATE COMMITTEE SUBSTITUTE FOR

SENATE, Nos. 1135 and 1186

STATE OF NEW JERSEY

ADOPTED JUNE 20, 1996

Sponsored by Senators RICE and BRYANT

An Act concerning compulsory education and amending various     sections of the New Jersey Statutes.

    Be It Enacted by the Senate and General Assembly of the State of New Jersey:

    1. N.J.S.18A:38-25 is amended to read as follows:

    18A:38-25. Every parent, guardian or other person having custody and control of a child between the ages of six and [16] 18 years who has not earned a high school diploma shall cause such child regularly to attend the public schools of the district or a day school in which there is given instruction equivalent to that provided in the public schools for children of similar grades and attainments or to receive equivalent instruction elsewhere than at school.

(cf: N.J.S.18A:38-25)

    2. N.J.S.18A:38-27 is amended to read as follows:

    18A:38-27. Any child [between the ages of six and 16 years] required to attend school pursuant to N.J.S.18A:38-25 who shall repeatedly be absent from school, and any child of such age found away from school during school hours whose parent, guardian or other person having charge and control of the child is unable to cause him to attend school and any pupil who is incorrigible, actually vagrant, vicious, or immoral in conduct, shall be deemed to be a juvenile delinquent and shall be proceeded against as such.

(cf: N.J.S.18A:38-27)

    3. N.J.S.18A:38-28 is amended to read as follows:

    18A:38-28. Any attendance officer or law enforcement officer who shall find any child [between six and 16 years of age] required to attend school pursuant to N.J.S.18A:38-25 who is a truant from school, shall take the child and deliver him to the parent, guardian or other person having charge and control of the child, [or] to the teacher of the school which such child is lawfully required to attend or to a facility designated by the board of education.

(cf: N.J.S.18A: 38-28)

    4. N.J.S.18A:38-31 is amended to read as follows:

    18A:38-31. A parent, guardian or other person having charge and control of a child [between the ages of six and 16 years] required to attend school pursuant to N.J.S.18A:38-25, who shall fail to comply with any of the provisions of this article relating to his duties, shall be deemed to be a disorderly person and shall be subject to a fine of not more than $25.00 for a first offense and not more than $100.00 for each subsequent offense, in the discretion of the court.

    In any such proceeding, the summons issuing therein, or in special circumstances a warrant, shall be directed to the alleged disorderly person and the child.

(cf: P.L.1980, c.153, s.1)

    5. This act shall take effect immediately, but shall not apply to any student who entered the ninth grade prior to the effective date of this act.

Raises age of compulsory school attendance to 18 years.