CHAPTER 15.1-20
SCHOOL ATTENDANCE
15.1-20-01. Compulsory attendance.
1.
Any person having responsibility for a child between the ages of seven and sixteen<br>years shall ensure that the child is in attendance at a public school for the duration of<br>each school year.
2.
If a person enrolls a child of age six in a public school, the person shall ensure that<br>the child is in attendance at the public school for the duration of each school year.<br>The person may withdraw a child of age six from the public school. However, once<br>the child is withdrawn, the person may not reenroll the child until the following school<br>year. This subsection does not apply if the reason for the withdrawal is the child's<br>relocation to another school district.
3.
This section does not apply if a child is exempted under the provisions of section<br>15.1-20-02.
15.1-20-02. Compulsory attendance - Exceptions.
1.
The provisions of section 15.1-20-01 do not apply if the person having responsibility<br>for the child demonstrates to the satisfaction of the school board that:
a.
The child is in attendance for the same length of time at an approved nonpublic<br>school;
b.
The child has completed high school;
c.
The child is necessary to the support of the child's family;
d.
A multidisciplinary team that includes the child's school district superintendent,<br>the director of the child's special education unit, the child's classroom teacher,<br>the child's physician, and the child's parent has determined that the child has a<br>disability that renders attendance or participation in a regular or special<br>education program inexpedient or impracticable; or
e.
The child is receiving home education.
2.
A decision by the board of a school district under subsection 1 is appealable to the<br>district court.
15.1-20-03. Compulsory attendance law - Enforcement - Penalty.
1.
Each teacher and administrator is charged with the enforcement of compulsory<br>school attendance provisions. The compulsory school attendance provisions are<br>applicable to any child who is offered school facilities by a school district, regardless<br>of whether or not the child actually resides in the district.
2.
If a teacher determines that a child is not in attendance as required by this chapter<br>and that the child has not been excused in accordance with this chapter or in<br>accordance with the school's or school district's policies, the teacher shall notify the<br>administrator of the school.
3.
Upon receiving notice of a child's absence under subsection 2, the administrator<br>shall initiate an investigation into the cause of the absence. If the administrator has<br>reason to believe that the person having responsibility for the child has failed to
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ensure that the child is in attendance, the administrator shall refer the matter to the<br>local law enforcement agency.
4.
Any person who fails to ensure that a child is in attendance as required by this<br>chapter is guilty of an infraction for a first offense and is guilty of a class B<br>misdemeanor for a second or subsequent offense.
5.
In a prosecution for an offense under this section, it is an affirmative defense if the<br>person responsible for ensuring that the child is in attendance has made substantial<br>and reasonable efforts to comply with the requirements of this section, but is unable<br>to compel the child to attend school. If the court determines that the affirmative<br>defense is valid, the court shall dismiss the complaint against the person.
15.1-20-04.
Home education - Definition.
For purposes of this chapter, "home
education" means an educational program for a child provided in accordance with chapter<br>15.1-23 by the child's parent in the child's home.
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Document Outline
chapter 15.1-20 school attendance
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