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

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

(2)Ā  Where the child, who has reached the fifteenthanniversary of birth, is suitably employed and has been excused from schoolattendance by the superintendent or the superintendent's authorizedrepresentative, or by a family court judge;

(3)Ā  Where, upon investigation by the family court, ithas been shown that for any other reason the child may properly remain awayfrom school;

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

(5)Ā  Where the child is enrolled in an appropriatealternative educational program as approved by the superintendent or thesuperintendent's authorized representative in accordance with the plans andpolicies of the department, or notification of intent to home school has beensubmitted to the principal of the public school that the child would otherwisebe required to attend in accordance with department rules adopted to achievethis result; or

(6)Ā  Where:

(A)Ā  The child has attained the age of sixteenyears;

(B)Ā  The principal has determined that:

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

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

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

The principal of the child's school shall filethe plan made pursuant to subparagraph (C) with the child's school record.Ā  Ifthe adult having legal responsibility for or care of the child disagrees withthe plan, then the adult shall be responsible for obtaining appropriateeducational services for the child.

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

 

Cross References

 

Ā  Kindergartens; attendance, see Ā§302A-411.