Alabama Compulsory Education Laws

By Christie Nicholson, J.D. | Legally reviewed by Laura Temme, Esq. | Last reviewed October 30, 2024

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.

Lawmakers typically target parents with their compulsory education laws. If parents don’t 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.

For those parents who choose to homeschool their children, it’s critical that their homeschooling plan meets the Superintendent of Education’s specific curriculum and instruction criteria.

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’ll explain how these laws work in Alabama, including the potential penalties and defenses.

Compulsory Education Laws in Alabama

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.

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 § 16-28-12.

These charges, brought against the child's parents, carry a fine of up to $100 and up to 90 days of community service (also referred to as "hard labor").

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.

Alabama Compulsory Attendance Laws at a Glance

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’s parent/guardian.

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’s truancy, you should familiarize yourself with Alabama law.

The following chart provides details about the main compulsory education laws in Alabama.

Code Section	Ala. Code §16-28-1, et seq.
Age at which school attendance is required	6-year-old through 17 years of age (Ala. Code §16-28-3) Students over the age of 17 may withdraw from school if they meet specific conditions under Alabama Statute §16-28-3.1
Exceptions to attendance requirements	Numerous groups are exempt from Alabama’s compulsory education laws. These groups include the following: Church school students Children who receive private tutoring by a certified instructor A child whose physical/mental condition prevents school attendance Children who must walk over 2 miles to attend the local high school or other local public school A child who legally and regularly works Children over 16 who have completed the County Board of Education’s course of study
Home school provisions	Children whose parents homeschool them are exempt from Alabama’s school enrollment requirements. If a local education agency homeschools your child, they must meet the state’s accreditation requirements.
Penalties on Parents for Noncompliance	Misdemeanor: Fines up to $100 and up to 90 days hard labor

Note: State laws are constantly changing. Be sure to contact an Alabama education attorney to learn how current state law applies to your unique situation.

What Age Can You Drop Out of School in Alabama?

According to Ala. Code §16-28-3.1, students over the age of 17 can withdraw from school before graduation if they:

Obtain written consent from their parents or guardians
Attend an exit interview with school officials

These requirements were added in 2009 when the Alabama Senate passed Bill 334. Lawmakers wanted to make every effort to increase the state’s high school graduation rates. They believed that the exit interview would better inform students about the disadvantages of dropping out of school early.

If a student's parents do not consent to them dropping out of school, they must continue attending unless they become an emancipated minor. Keep in mind that Alabama's age of majority is 19.

Alabama's Homeschool Requirements

If you are interested in homeschooling your kids, you must comply with Alabama law regarding compulsory education.

The State of Alabama offers options for parents wishing to homeschool their children. These include:

Homeschooling program through a church school
Private school option (Parents must register with the State Board of Education, keep detailed records, etc.).
Children can receive instruction from a private tutor. Private tutors can include parents who are also certified teachers.

Contact an Alabama Education Lawyer for More Information

If you still have questions about your child's compulsory education, contact an Alabama education attorney. They can answer any questions you may have and help you navigate the public or private school systems.