15.1-20 School Attendance - North Dakota Statutes

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CHAPTER 15.1-20SCHOOL ATTENDANCE15.1-20-01. Compulsory attendance.1.Any person having responsibility for a child between the ages of seven and sixteen
years shall ensure that the child is in attendance at a public school for the duration of
each school year.2.If a person enrolls a child of age six in a public school, the person shall ensure that
the child is in attendance at the public school for the duration of each school year.
The person may withdraw a child of age six from the public school. However, once
the child is withdrawn, the person may not reenroll the child until the following school
year. This subsection does not apply if the reason for the withdrawal is the child's
relocation to another school district.3.This section does not apply if a child is exempted under the provisions of section
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
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
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,
the director of the child's special education unit, the child's classroom teacher,
the child's physician, and the child's parent has determined that the child has a
disability that renders attendance or participation in a regular or special
education program inexpedient or impracticable; ore.The child is receiving home education.2.A decision by the board of a school district under subsection 1 is appealable to the
district court.15.1-20-03. Compulsory attendance law - Enforcement - Penalty.1.Each teacher and administrator is charged with the enforcement of compulsory
school attendance provisions. The compulsory school attendance provisions are
applicable to any child who is offered school facilities by a school district, regardless
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
and that the child has not been excused in accordance with this chapter or in
accordance with the school's or school district's policies, the teacher shall notify the
administrator of the school.3.Upon receiving notice of a child's absence under subsection 2, the administrator
shall initiate an investigation into the cause of the absence. If the administrator has
reason to believe that the person having responsibility for the child has failed toPage No. 1ensure that the child is in attendance, the administrator shall refer the matter to the
local law enforcement agency.4.Any person who fails to ensure that a child is in attendance as required by this
chapter is guilty of an infraction for a first offense and is guilty of a class B
misdemeanor for a second or subsequent offense.5.In a prosecution for an offense under this section, it is an affirmative defense if the
person responsible for ensuring that the child is in attendance has made substantial
and reasonable efforts to comply with the requirements of this section, but is unable
to compel the child to attend school. If the court determines that the affirmative
defense is valid, the court shall dismiss the complaint against the person.15.1-20-04.Home education - Definition.For purposes of this chapter, "homeeducation" means an educational program for a child provided in accordance with chapter
15.1-23 by the child's parent in the child's home.Page No. 2Document Outlinechapter 15.1-20 school attendance