119417-1:n:03/03/2010:KMS/tan LRS2010-1166
| SYNOPSIS: | Under existing law, cases of nonenrollment and nonattendance of students in the public K-12 schools are investigated by attendance officers at the request of the local superintendent of education. |
| This bill would delete the requirement of providing notice in any case where nonenrollment or nonattendance has been intentional and without valid reason. | |
| This bill would also require the distribution and verification of receipt of the school attendance policy and applicable sections of the Alabama Compulsory School Attendance Law by each parent, guardian, or other person having control of a child enrolled in each school system. |
To amend Section 16-28-16, Code of Alabama 1975, to require the distribution and verification of receipt of the school attendance policy and applicable sections of the Alabama Compulsory School Attendance Law by each parent, guardian, or other person having control of a child enrolled in each school system.
BE IT ENACTED BY THE LEGISLATURE OF ALABAMA:
Section 1. Section 16-28-16 of the Code of Alabama 1975, is amended to read as follows:§16-28-16.
"(a) It shall be the duty of the county superintendent of education or the city superintendent of education, as the case may be, to require the attendance officer to investigate all cases of nonenrollment and of nonattendance. In all cases investigated where no valid reason for nonenrollment or nonattendance is found, the attendance officer shall give written notice to the parent, guardian, or other person having control of the child. In the event of the absence of the parent, guardian, or other person having control of the child from his or her usual place of residence, the attendance officer shall leave a copy of the notice with some person over 12 years of age residing at the usual place of residence, with instructions to hand the notice to the parent, guardian, or other person having control of the child, which notice shall require the attendance of the child at the school within three days from the date of the notice. In the event the investigation discloses that the nonenrollment or nonattendance was without valid excuse or good reason and intentional, the attendance officer shall be required to bring criminal prosecution against the parent, guardian, or other person having control of the child.
"(b) Each local superintendent of education, at the commencement of each school year, shall provide a copy of the written school attendance policy and applicable sections of the Alabama Compulsory School Attendance Law to each parent, guardian, or other person having control of a child enrolled in the school system. Each parent, guardian, or other person having control of a child enrolled in the school system shall sign a statement verifying that they have read and been given notice of the attendance policies of the state and their respective school system.
"(b)(c) Each child who is enrolled in a public school shall be subject to the attendance and truancy provisions of this article except that any parent or parents, guardian or guardians who voluntarily enrolls their child in public school, who feel that it is in the best interest of that child shall have the right to withdraw the child at any time prior to the current minimum compulsory attendance age."
Section 2. This act shall become effective immediately following its passage and approval by the Governor, or its otherwise becoming law.