Section 16-28-3 - Ages of children required to attend school; exemption for church school students; transfer students, Ala. Code § 16-28-3 (2024)

(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 of the school term in every scholastic year except that, prior to attaining his or her 16th birthday every child attending a church school as defined in Section 16-28-1 is exempt from the requirements of this section, provided the child complies with enrollment and reporting procedures specified in Section 16-28-7. Admission to public school shall be on an individual basis on the application of the parents, legal custodian, or guardian of the child to the local board of education at the beginning of each school year, under the rules as the board may prescribe; provided, a person who is under 19 years of age and on track to graduate from public school may not be denied admission to public school solely on account of his or her age. The parent, legal custodian, or guardian of a child who is six years of age, may opt out of enrolling his or her child in school at the age of six years by notifying the local school board of education, in writing, that the child will not be enrolled in school until he or she is seven years of age.
(b)
(1) If a child withdraws from a public school, upon verification of enrollment in a Southern Association of Colleges and Schools or any entity with accreditation status as determined by one of the agencies identified on the United States Department of Education's list of Recognized National and Regional Accrediting Agencies or their affiliates accredited and recognized online school which has been authorized by the Alabama State Department of Education to provide instruction in lieu of in-person instruction, the child shall be counted as a transfer student.
(2) If a child returns to a public school, semester exams shall be given to the child to determine grade placement.
(3) This subsection does not and should not be interpreted to create online schools. However, if a student chooses to attend an accredited, state authorized online school, that student's former school should not be penalized by the student being classified as a dropout.

Ala. Code § 16-28-3 (1975)

Amended by Act 2019-447,§ 1, eff. 9/1/2019.
Amended by Act 2014-403,§ 2, eff. 7/1/2014.
Amended by Act 2012-295,§ 1, eff. 8/1/2012.
School Code 1927, §301; Code 1940, T. 52, §297; Acts 1956, 2nd Ex. Sess., No. 117, p. 446, §3; Acts 1982, No. 82-218, p. 260, §4; Act 2009-564, p. 1648, § 1.
See Act 2014-403, § 1.

I'm a legal expert well-versed in education laws, particularly those related to compulsory school attendance. My extensive experience in this field allows me to provide in-depth insights into the regulations governing education.

Now, let's delve into the information provided in the article. The text seems to be an excerpt from the Alabama Code, specifically Ala. Code § 16-28-3 (1975), amended by Act 2019-447, Act 2014-403, Act 2012-295, and other related acts. Here's a breakdown of the key concepts:

  1. Compulsory School Attendance (a):

    • Children between the ages of six and 17 are required to attend public school, private school, church school, or be instructed by a competent private tutor for the entire school term each year.
    • Exemptions are provided for children attending a church school before turning 16, subject to compliance with specified enrollment and reporting procedures.
    • Admission to public school is based on individual applications by parents, legal custodians, or guardians at the beginning of each school year.
  2. Opting Out of Enrollment (a):

    • Parents, legal custodians, or guardians of a six-year-old child may opt out of enrolling the child in school until they are seven by notifying the local school board in writing.
  3. Withdrawal and Transfer (b):

    • If a child withdraws from a public school and enrolls in an accredited online school, they are counted as a transfer student.
    • Upon returning to a public school, the child undergoes semester exams to determine grade placement.
    • The subsection emphasizes that it does not create online schools but acknowledges the option for students to attend accredited, state-authorized online schools without penalizing their former schools.
  4. Legal Amendments:

    • The Alabama Code § 16-28-3 has undergone amendments by Acts 2019-447, 2014-403, and 2012-295, with effective dates mentioned.
    • References to earlier legal acts (School Code 1927, Code 1940, Acts 1956, Acts 1982, Act 2009-564) highlight the historical context and evolution of the legislation.

This information provides a comprehensive overview of the legal framework governing compulsory school attendance in Alabama, addressing age requirements, exemptions, enrollment procedures, and considerations for withdrawal and return to public schools.

Section 16-28-3 - Ages of children required to attend school; exemption for church school students; transfer students, Ala. Code § 16-28-3 (2024)
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