0 chapters · 2,179 sections in this title.
Ala. Code § 16-28-1 Definitions
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For purposes of this article, the following words, terms and phrases shall have the following respective meanings, unless clearly indicated otherwise: (1) PRIVATE SCHOOL. Includes only such schools that are established, conducted, and supported by a nongovernmental entity or agen…
Ala. Code § 16-28-10 List of Children Who Should Attend School - How Lists Prepared
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The information required for making lists of children of the compulsory attendance ages shall be prepared by county and city superintendents of education with the assistance of attendance officers from the census booklets on file in their offices for the years in which the census…
Ala. Code § 16-28-11 Enrollment Report and List of Potential Students Compared
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The county superintendent of education or the city superintendent of schools, as the case may be, shall upon the receipt of the report from teachers and private tutors showing the enrollment of children of mandatory school attendance age, compare and study the reports with the li…
Ala. Code § 16-28-12 Person in Loco Parentis Responsible for Child’s School Attendance and
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Behavior; Noncompliance; Local Boards to Promulgate Written Behavior Policy, Contents, Annual Distribution, Receipt to Be Documented; School Officials Required to Report Noncompliance; Failure to Report Suspected Violation; District Attorneys Vigorously to Enforce Provisions. (a)…
Ala. Code § 16-28-13 Burden of Proof on Person in Loco Parentis
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No parent, guardian or other person having control or charge of any child shall be convicted for failure to have said child enrolled in school or for failure to send a child to school or for failure to require such child to regularly attend such school or tutor, or for failure to…
Ala. Code § 16-28-14 Habitual Truant
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In case any child becomes an habitual truant, or because of irregular attendance or misconduct has become a menace to the best interest of the school which he is attending or should attend, and the parent, guardian or other person files a written statement in court as provided in…
Ala. Code § 16-28-15 Absence Must Be Explained
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Every parent, guardian, or other person having control or charge of any child required to attend public school, private school, or church school, shall as soon as practical explain the cause of any absence of the child under his control or charge which was without permission of t…
Ala. Code § 16-28-16 Cases of Nonenrollment and Nonattendance; Withdrawal of Enrollment
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(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 no…
Ala. Code § 16-28-17 When Child May Be Taken into Custody
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It shall be the duty of the attendance officer, probation officer or other officer authorized to execute writs of arrest to take into custody without warrant any child required to attend school or be instructed by a private tutor who is found away from home and not in the custody…
Ala. Code § 16-28-18 Record Kept by Attendance Officer
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The attendance officer whose appointment is by this article provided for shall keep an accurate record of all notices served, all cases prosecuted and all other services performed and shall make an annual report of the same to the county board of education or to the city board of…
Ala. Code § 16-28-19 Attendance Districts
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The county board of education shall arrange the county, exclusive of cities, into one or more attendance districts, and said board shall appoint an attendance officer for every district created, who shall hold his office at the will of the county board of education, and the board…
Ala. Code § 16-28-2 Purposes of Article
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The purposes of this article are to secure the prompt and regular attendance of pupils and to secure their proper conduct, and to hold the parent, guardian or other person in charge or control of a child responsible and liable for such child’s nonattendance and improper conduct a…
Ala. Code § 16-28-2.1 Adoption of Standards for Mandatory Attendance Policy; Parents Held
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Accountable; Enforcement. The Legislature finds that mandatory attendance policies for schools differ from school system to school system throughout the State of Alabama. The State Board of Education shall adopt standards for a mandatory and enforceable attendance policy for all …
Ala. Code § 16-28-2.2 Establishment of Program by Local Boards to Inform Parents of
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Educational Responsibilities. (a) Local boards of education, pursuant to guidelines established by the State Board of Education, shall establish educational programs to inform parents of school children of their education-related responsibilities to their children. The programs s…
Ala. Code § 16-28-20 Compensation of Attendance Officers
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The attendance officers who are employed by the county or city board of education shall be paid by the respective boards of education such salaries as may be required to secure efficient service. Said attendance officer shall be paid as other employees of the county or city board…
Ala. Code § 16-28-21 Juvenile Court Jurisdiction
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The juvenile court of the county shall have original and exclusive jurisdiction of all prosecutions or proceedings arising under the provisions of this article against or concerning any parent, guardian or other person having charge or control of a child, or against or concerning…
Ala. Code § 16-28-22 Prosecutions
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No prosecution or proceeding under this article shall be begun except by one of the following parties: (1) The county superintendent of education or city superintendent of schools where the matter affects a school or private tutor in territory under his supervision; or (2) An att…
Ala. Code § 16-28-23 Attendance Register and Rules and Regulations as Evidence
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The registry of attendance of pupils kept by any public school, private school, church school or private tutor in compliance with the provisions of law or any rule and regulation promulgated by the State Board of Education shall be admissible as evidence of the existence or nonex…
Ala. Code § 16-28-24 Church Schools May Waive Exemptions Specified in This Article
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Notwithstanding entitlement to the exemptions provided church schools under Sections 16-28-1, 16-1-11, 16-28-3, 16-28-7, 16-28-8, 16-28-15, 16-28-23 and 16- 40-1 any church school as defined in Section 16-28-1(2) shall certify to the local public school superintendent on forms su…
Ala. Code § 16-28-3 Ages of Children Required to Attend School; Exemption for Church
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School Students; Transfer Students. (a) Except as otherwise provided in subsection (b), every child between the ages of six and 17 years shall be required to attend a public school, private school, church school, or be instructed by a competent private tutor for the entire length…
Ala. Code § 16-28-3.1 Guidelines and Procedures for Withdrawal from School; Dropout
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Prevention Program. (a)(1) A child who is 17 years of age or older may withdraw from public school prior to graduation if both of the following circumstances exist: a. Written consent is granted by the child’s parent or legal guardian. b. An exit interview is conducted where the …
Ala. Code § 16-28-4 Minimum Age for Attendance at Public Schools
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(a) A child who is five years of age on or before September 1 or the date on which school begins in the enrolling district shall be entitled to admission to kindergarten in the public elementary schools at the opening of schools for that school year or as soon as practicable ther…
Ala. Code § 16-28-40 License Applicant Under 19 to Provide Documentation of School
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Enrollment, Etc.; Duties of School Attendance Official; Withdrawal from School; Conviction for Certain Pistol Offenses. (a) The Alabama State Law Enforcement Agency shall deny a driver license or a learner permit for the operation of a motor vehicle to any individual under the 19…
Ala. Code § 16-28-41 Written Guidelines to Be Provided
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The State Department of Education shall distribute written guidelines to each school system for developing a written school policy in accordance with this article that outlines the definitions of “circumstances beyond the control” of any person subject to denial or revocation of …
Ala. Code § 16-28-42 Adoption of Regulations
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The Department of Education and the Department of Public Safety shall jointly adopt regulations to implement this article, including a hearing and appeal process. History: (Acts 1993, No. 93-368, p. 628, §3.)
Ala. Code § 16-28-43 Article Not to Deny Rights of Exceptional Children
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No provision of this article shall be construed to deny any right to any child granted pursuant to Sections 16-39-1 to 16-39-12. History: (Acts 1993, No. 93-368, p. 628, §4.)
Ala. Code § 16-28-44 Article Not to Deny Constitutional Rights of Children
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No provision of this article shall be construed to deny the right of any child granted pursuant to the Constitution of the United States nor to the Constitution of Alabama of 1901. History: (Acts 1993, No. 93-368, p. 628, §5.)
Ala. Code § 16-28-45 Construction with Other Attendance and Vehicle Laws
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The provisions of this article shall be construed together with any and all other laws or parts of law relating to school attendance or the operation of a motor vehicle except where there is a direct conflict herewith, in which event this article shall supersede. History: (Acts 1…
Ala. Code § 16-28-5 Private Tutor
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Instruction by a private tutor means and includes only instruction by a person who holds a certificate issued by the State Superintendent of Education and who offers instruction in the several branches of study required to be taught in the public schools of this state, for at lea…
Ala. Code § 16-28-6 Children Exempt from Attending Public School
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(a) The following children, when issued certificates of exemption by the county superintendent of education, where they reside in territory under the control and supervision of the county board of education, or the city superintendent of schools, where they reside in territory un…
Ala. Code § 16-28-60 Advance Enrollment Program for Military Families
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(a) A student who is not a domiciliary of the state shall be permitted to register to enroll in a public K-12 school by remote means, including electronic means, prior to commencement of the student’s residency in this state if all of the following apply: (1) A parent or legal gu…
Ala. Code § 16-28-7 Report of Enrollment
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At the end of the fifth day from the opening of the public school, the principal teacher of each public school, private school, and each private tutor, but not church school, shall report on forms prescribed by the State Superintendent of Education to the county superintendent of…
Ala. Code § 16-28-8 Reports Required Must Be Furnished
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All school officers, including those in private schools, or private tutors, but not those in church schools, in this state offering instruction to pupils within the compulsory attendance ages, shall make and furnish all reports that may be required by the State Superintendent of …
Ala. Code § 16-28-9 List of Children Who Should Attend School - Required
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In order that the provisions of this article may more definitely be enforced, the county superintendent of education and the city superintendent of schools shall, before the opening of the public schools, make a list for each school under his or her control or supervision of all …