15-802

15-802. School instruction; exceptions;
violations; classification; definitions

A. Every child between the ages of six and sixteen years shall attend a school and
shall be provided instruction in at least the subjects of reading, grammar, mathematics,
social studies and science. The person who has custody of the child shall choose a
public, private, charter or home school as defined in this section to provide
instruction.

B. The parent or person who has custody shall do the following:

1. If the child will attend a public, private or charter school, enroll the child
in and ensure that the child attends a public, private or charter school for the full
time school is in session. If a child attends a school which is operated on a year-round
basis the child shall regularly attend during school sessions that total not less than
one hundred seventy-five school days or two hundred school days, as applicable, or the
equivalent as approved by the superintendent of public instruction.

2. If the child will attend a private school or home school, file an affidavit of
intent with the county school superintendent stating that the child is attending a
regularly organized private school or is being provided with instruction in a home
school. The affidavit of intent shall include:

(a) The child's name.

(b) The child's date of birth.

(d) The names, telephone numbers and addresses of the persons who currently have
custody of the child.

3. If the child will attend home school, the child has not reached eight years of
age by September 1 of the school year and the person who has custody of the child does
not desire to begin home instruction until the child has reached eight years of age, file
an affidavit of intent pursuant to paragraph 2 of this subsection stating that the person
who has custody of the child does not desire to begin home school instruction.

C. An affidavit of intent shall be filed within thirty days from the time the child
begins to attend a private school or home school and is not required thereafter unless
the private school or the home school instruction is terminated and then resumed. The
person who has custody of the child shall notify the county school superintendent within
thirty days of the termination that the child is no longer being instructed at a private
school or a home school. If the private school or home school instruction is resumed,
the person who has custody of the child shall file another affidavit of intent with the
county school superintendent within thirty days.

D. A person is excused from the duties prescribed by subsection A or B of this
section if any of the following are shown to the satisfaction of the school principal or
the school principal's designee:

1. The child is in such physical or mental condition that instruction is
inexpedient or impracticable.

2. The child has completed the high school course of study necessary for completion
of grade ten as prescribed by the state board of education.

3. The child has presented reasons for nonattendance at a public school which are
satisfactory to the school principal or the school principal's designee. For purposes of
this paragraph, the principal's designee may be the school district governing board.

4. The child is over fourteen years of age and is, with the consent of the person
who has custody of him, employed at some lawful wage earning occupation.

5. The child is enrolled in a work training, career education, career and technical
education, vocational education or manual training program which meets the educational
standards established and approved by the department of education.

6. The child was either:

(a) Suspended and not directed to participate in an alternative education program.

(b) Expelled from a public school as provided in article 3 of this chapter.

7. The child is enrolled in an education program provided by a state educational or
other institution.

E. Unless otherwise exempted in this section or section 15-803, a parent of a child
between six and sixteen years of age or a person who has custody of a child, who does not
provide instruction in a home school and who fails to enroll or fails to ensure that the
child attends a public, private or charter school pursuant to this section is guilty of a
class 3 misdemeanor. A parent who fails to comply with the duty to file an affidavit of
intent to provide instruction in a home school is guilty of a petty offense.

F. For the purposes of this section:

1. "Home school" means a school conducted primarily by the parent, guardian or
other person who has custody of the child or instruction provided in the child's home.

2. "Private school" means a nonpublic institution, other than the child's home,
where academic instruction is provided for at least the same number of days and hours
each year as a public school.