(2) Waive the requirements of section 5001-A, if the student is 15 years of age or older.

E. A parent may appeal to the commissioner the decision of the school board which superintendent that denies to a student who is habitually truant and at least 15 years old a waiver of section 5001-A.

(1) The commissioner shall appoint a fair hearing officer to hear the appeal.

(2) The fair hearing officer shall report to the commissioner on the testimony presented and shall recommend a disposition to the commissioner.

(3) The commissioner shall review the report and shall affirm, modify or reverse the school board's superintendent's decision on a waiver of section 5001- A.

F. When a After a hearing conducted pursuant to paragraph E, if the superintendent determines that the student is determined habitually truant and in violation of section 5001-A and the superintendent has made a good faith attempt to meet the requirements of paragraph A-1, the superintendent may notify the local law enforcement department of the decision. After this notification, a local law enforcement officer who sees a truant may offer to transport the truant to the appropriate school if the truant and the truant's parent or guardian provide verbal consent and if the truant:

(1) Is off school grounds during school hours; and

(2) Is not under the supervision of school personnel.

The local law enforcement officer may also arrest the parent of the truant pursuant to section 5053-A.

Sec. 2. 20-A MRSA §5053, sub-§1, as repealed and replaced by PL 1989, c. 415, §22, is amended to read:

1. Civil violation. Having Except as provided in section 5053-A, having control of a student who is habitually truant and being primarily responsible for that truancy constitutes a civil violation under this chapter.

Sec. 3. 20-A MRSA §5053-A is enacted to read:

§5053-A.__Enforcement

A parent of a student who has been determined to be habitually truant pursuant to section 5051, subsection 2, paragraph E and who fails to correct the truancy commits a Class E crime.__In addition to the actions a court may take pursuant to section 5053, subsection 5, the court shall order the parent to pay a fine of at least $50 but not more than $1,000.

SUMMARY

Current law requires the principal of a truant student to inform the superintendent of the school administrative unit or school union when the principal determines that the student is truant. If the problem can not be resolved informally, the matter is referred to the school board for a formal hearing. A parent of a truant student commits a civil violation if that parent is primarily responsible for the truancy.

This bill requires the superintendent to convene a formal hearing if the superintendent is unable to resolve the truancy informally; referral of the truancy to the school board is eliminated. If a parent of a student determined to be habitually truant after a hearing fails to correct the truancy, the parent commits a Class E crime for which a minimum fine of $50 must be assessed.