The Compulsory Law Statute

Exceptions to the Compulsory Attendance Law

* A child who is determined by the superintendent of schools or the chief school officer of a school to be mentally or physically incapacitated may be excused from attendance at school for the full term required, or any part thereof.

* A child between the ages of fourteen (14) and seventeen (17) may be excused from attending school full time by the superintendent of the public school or by a court of competent jurisdiction when legal employment has been obtained by the child.

* A child between the ages of five (5) and seven (7) currently enrolled in a public school shall be excused from attendance if a parent, guardian or other person having custody makes a written request that the child be dropped from the school's roll. Compulsory Attendance Frequently Asked Questions

* May students attend a combination of schools during the school day? Yes. Any student may be enrolled in and attend a public, private, parochial or home school or a combination of schools during the school day. For example, a student may attend public school in the morning and be home schooled in the afternoon.

* How many different schools might one student enroll in and attend during a single school day? There is no limit specified in statute.

* Who bears the primary responsiblity of ensuring that a child within compulsory attendance ages regularly attends one or a combination of schools as required by law? Every parent, guardian or other person having custody or control of a child between the ages of seven (7) and the compulsory attendance age for the district has the primary responsibility of ensuring that the child regularly attends school. A parent, guardian or custodian of a child or children who do not regularly attend school may be reported to the Department of Social Services, Children's Division, or to the county prosecutor's office. A violation of the compulsory attendance law is a class C misdemeanor.

Part-Time Public School Enrollment/Attendance

* The interests and needs of part-time students may be taken into account, but the law does not require a school or school district to make any scheduling or other adjustments to accommodate students wishing to attend part-time.

* Many local boards of education have adopted policies on part-time attendance to provide for the orderly, efficient, and safe conduct in the district's schools; not for the purpose of preventing or restricting part-time enrollment.

* Public school districts should establish "check in" and "check out" procedures to ensure that all part-time students are accounted for during the school day. Transportation of Part-Time Students A parent, guardian or other person having custody or control of a student enrolled part-time must arrange, when necessary, for transportation among the schools in which the student is enrolled with the following exception:

* A part-time student may be transported on a public school bus from the student's home to a public school if his/her part-time enrollment in the public school begins when the school day begins. The student may also be transported by public school bus from a public school to the student's home if the student's part-time attendance ends when the school day ends. Average Daily Attendance for State Foundation Aid The portion of the day during which a resident, part-time student is enrolled in and attends public school is counted in the same manner for state aid as any other student. A student is counted only for the period of time that he/she is in actual attendance at school. Athletics and other Extra-Curricular and Co-Curricular Activities.