{"id":371297,"date":"2016-03-31T21:34:18","date_gmt":"2016-04-01T02:34:18","guid":{"rendered":"https:\/\/content.findlaw-admin.com\/ability-law\/state\/alabama-law\/alabama-compulsory-education-laws.html"},"modified":"2024-10-30T15:43:50","modified_gmt":"2024-10-30T20:43:50","slug":"alabama-compulsory-education-laws","status":"publish","type":"page","link":"https:\/\/www.findlaw.com\/state\/alabama-law\/alabama-compulsory-education-laws.html","title":{"rendered":"Alabama Compulsory Education Laws"},"content":{"rendered":"\n
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Alabama Compulsory Education Laws<\/h1>\n
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\n By Christie Nicholson, J.D.<\/a> | Legally reviewed by Laura Temme, Esq.<\/a>\n | Last updated\n
\n \n <\/i>\n Legally Reviewed\n <\/summary>\n\n
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This article has been written and reviewed for legal accuracy, clarity, and style by FindLaw\u2019s team of legal writers and attorneys<\/a> and in accordance with our editorial standards<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n\n

\n \n <\/i>\n Fact-Checked\n <\/summary>\n\n
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The last updated date refers to the last time this article was reviewed by FindLaw or one of our contributing authors<\/a>. We make every effort to keep our articles updated. For information regarding a specific legal issue affecting you, please contact an attorney in your area<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n<\/section>\n

All states require children within a certain age range to attend some kind of formal schooling, whether it’s public, private, religious, or home school. After all, it is in the state’s best interests to maintain an educated populace.<\/p>\r\n

Lawmakers typically target parents with their compulsory education laws<\/a>. If parents don\u2019t comply with these laws, they may face criminal charges for actively keeping their children out of school. Of course, before school administrators contact law enforcement, they try to work with the parents to resolve any issues.<\/p>\r\n

For those parents who choose to homeschool their children, it\u2019s critical that their homeschooling plan meets the Superintendent of Education\u2019s specific curriculum and instruction criteria.<\/p>\r\n

If the state is charging you with failing to comply with its compulsory school attendance laws, you should familiarize yourself with Alabama law and the penalties associated with this offense. Here, we\u2019ll explain how these laws work in Alabama, including the potential penalties and defenses.<\/p>\r\n

Compulsory Education Laws in Alabama<\/b><\/h2>\r\n

In the state of Alabama, the compulsory attendance age is from six to 17. There are some exemptions for students with physical and mental health conditions. However, generally, if a child in this age range fails to attend an Alabama school, an attendance officer will contact their parents or legal guardian.<\/p>\r\n

The state department of education outlines procedures for school systems and juvenile courts to follow when a student has a high number of unexcused absences. State law does allow truancy officers to recommend misdemeanor charges under Alabama Code \u00a7 16-28-12.<\/p>\r\n

These charges, brought against the child’s parents<\/a>, carry a fine of up to $100 and up to 90 days of community service (also referred to as "hard labor").<\/p>\r\n

The Code of Alabama clearly states that the court should construe enrollment laws liberally and use discretion. Judges are to apply the law on a case-by-case basis.<\/p>\r\n

Alabama Compulsory Attendance Laws at a Glance<\/b><\/h2>\r\n

Alabama has 180 school days each year. School officials dictate that any student whose nonattendance exceeds 18 days (10%) will be known as "chronically absent." Once a student is close to this threshold, someone from the school or school district will attempt to speak with the student\u2019s parent\/guardian.<\/p>\r\n

If your child has missed too many days this school year and the local school board wants to talk to you about your son or daughter\u2019s truancy, you should familiarize yourself with Alabama law.<\/p>\r\n

The following chart provides details about the main compulsory education<\/a> laws in Alabama.<\/p>\r\n\r\n

Code Section<\/b><\/p>\r\n<\/td>\r\n

Ala. Code <\/b>\u00a716-28-1, et seq.<\/a><\/p>\r\n<\/td>\r\n<\/tr>

Age at which school attendance is required<\/b><\/p>\r\n<\/td>\r\n

6-year-old through 17 years of age (Ala. Code \u00a716-28-3)<\/p>\r\n

Students over the age of 17 may withdraw from school if they meet specific conditions under Alabama Statute \u00a716-28-3.1<\/a><\/p>\r\n<\/td>\r\n<\/tr>

Exceptions to attendance requirements<\/b><\/p>\r\n<\/td>\r\n

Numerous groups are exempt from Alabama\u2019s compulsory education laws.<\/p>\r\n

These groups include the following:<\/p>\r\n

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  • Church school students<\/li>\r\n
  • Children who receive private tutoring by a certified instructor<\/li>\r\n
  • A child whose physical\/mental condition prevents school attendance<\/li>\r\n
  • Children who must walk over 2 miles to attend the local high school or other local public school<\/li>\r\n
  • A child who legally and regularly works<\/li>\r\n
  • Children over 16 who have completed the County Board of Education\u2019s course of study<\/li>\r\n<\/ul>\r\n<\/td>\r\n<\/tr>

Home school provisions<\/b><\/p>\r\n<\/td>\r\n

Children whose parents homeschool them are exempt from Alabama\u2019s school enrollment requirements. If a local education agency homeschools your child, they must meet the state\u2019s accreditation requirements.<\/p>\r\n<\/td>\r\n<\/tr>

Penalties on Parents for Noncompliance<\/b><\/p>\r\n<\/td>\r\n

Misdemeanor: Fines up to $100 and up to 90 days hard labor<\/p>\r\n<\/td>\r\n<\/tr><\/tbody><\/table>\r\n

Note:<\/b> State laws are constantly changing. Be sure to contact an <\/i>Alabama education attorney<\/i><\/a> to learn how current state law applies to your unique situation.<\/i><\/p>\r\n

What Age Can You Drop Out of School in Alabama?<\/b><\/h2>\r\n

According to Ala. Code \u00a716-28-3.1, students over the age of 17 can withdraw from school before graduation if they:<\/p>\r\n