[§302A-1132]  Attendance compulsory;
exceptions.  (a)  Unless excluded from school or excepted from attendance,
all children who will have arrived at the age of at least six years, and who
will not have arrived at the age of eighteen years, by January 1 of any school
year, shall attend either a public or private school for, and during, the
school year, and any parent, guardian, or other person having the
responsibility for, or care of, a child whose attendance at school is
obligatory shall send the child to either a public or private school. 
Attendance at a public or private school shall not be compulsory in the
following cases:



(1)  Where the child is physically or mentally unable
to attend school (deafness and blindness excepted), of which fact the certificate
of a duly licensed physician shall be sufficient evidence;



(2)  Where the child, who has reached the fifteenth
anniversary of birth, is suitably employed and has been excused from school
attendance by the superintendent or the superintendent's authorized
representative, or by a family court judge;



(3)  Where, upon investigation by the family court, it
has been shown that for any other reason the child may properly remain away
from school;



(4)  Where the child has graduated from high school;



(5)  Where the child is enrolled in an appropriate
alternative educational program as approved by the superintendent or the
superintendent's authorized representative in accordance with the plans and
policies of the department, or notification of intent to home school has been
submitted to the principal of the public school that the child would otherwise
be required to attend in accordance with department rules adopted to achieve
this result; or



(6)  Where:



(A)  The child has attained the age of sixteen
years;



(B)  The principal has determined that:



(i)  The child has engaged in behavior which is
disruptive to other students, teachers, or staff; or



(ii)  The child's non-attendance is chronic and
has become a significant factor that hinders the child's learning; and



(C)  The principal of the child's school, and
the child's teacher or counselor, in consultation with the child and the
child's parent, guardian, or other adult having legal responsibility for or
care of the child, develops an alternative educational plan for the child.  The
alternative educational plan shall include a process that shall permit the
child to resume school.



The principal of the child's school shall file
the plan made pursuant to subparagraph (C) with the child's school record.  If
the adult having legal responsibility for or care of the child disagrees with
the plan, then the adult shall be responsible for obtaining appropriate
educational services for the child.



(b)  Any employer who employs a child who is
excused from school attendance in accordance with subsection (a)(2) shall
notify the child's school within three days upon termination of the child's
employment. [L 1996, c 89, pt of §2 and am c 162, §2]



 



Cross References



 



  Kindergartens; attendance, see §302A-411.