Understanding North Dakota's Compulsory School Attendance Laws
A comprehensive guide for parents and guardians to navigate the legal requirements for school enrollment and attendance in the Peace Garden State
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North Dakota, like all other U.S. states, has laws mandating school attendance to ensure children receive an adequate education. These laws, often referred to as "compulsory attendance" laws, define the age range during which children are required to be enrolled in and regularly attend school. For parents and guardians in North Dakota, understanding these regulations is crucial to ensure compliance and support their child's educational journey.
The Core Requirement: Ages Seven to Sixteen
The primary legal framework for compulsory school attendance in North Dakota is found in the North Dakota Century Code, specifically Chapter 15.1-20-01. This statute clearly states that any person responsible for a child between the ages of seven and sixteen years must ensure the child attends a public school for the duration of each school year. This means that once a child turns seven, they are legally required to be enrolled in an educational program, and this requirement continues until they turn sixteen.
Early Enrollment and Withdrawal for Six-Year-Olds
While the mandatory attendance age begins at seven, North Dakota law also addresses children who are six years old. If a parent or guardian chooses to enroll a six-year-old child in a public school, that child is then subject to the same attendance requirements for the duration of that school year. However, there's a key distinction: parents have the option to withdraw a six-year-old from public school. Once withdrawn, the child cannot be re-enrolled until the following school year, unless the reason for withdrawal is a relocation to another school district. This provision allows for flexibility for younger students while still encouraging consistent attendance once enrolled.
Exceptions to Compulsory Attendance
North Dakota law recognizes certain exceptions to the compulsory attendance rule. These exceptions are outlined in North Dakota Century Code 15.1-20-02 and generally include:
Attendance at an approved nonpublic school: Children attending private schools that meet state requirements are exempt.
Completion of high school: Once a child graduates from high school, compulsory attendance no longer applies.
Necessity for family support: In rare circumstances, if a child's labor is genuinely necessary for the support of their family, an exemption may be granted.
Disability preventing attendance: If a multidisciplinary team determines a child's disability renders attendance or participation in regular or special education impracticable.
Home education: Children receiving approved home education are exempt, provided certain requirements are met, such as filing a statement with the superintendent and meeting parental qualifications (e.g., licensed to teach or holding a B.A.).
Military-connected students and medical conditions: Specific provisions exist for military-connected students engaged in virtual instruction or students with medical conditions preventing physical attendance.
Enforcement and Penalties
Teachers and administrators are responsible for enforcing compulsory attendance provisions. If a student is not attending as required and is not excused, the school administrator is to investigate. If it appears the person responsible for the child has failed to ensure attendance, the matter may be referred to local law enforcement. Failure to ensure a child's attendance can result in penalties, ranging from an infraction for a first offense to a Class B misdemeanor for subsequent offenses. However, an affirmative defense exists if the responsible person can demonstrate substantial and reasonable efforts to compel attendance but is unable to do so.
In summary, North Dakota's compulsory school attendance law aims to ensure that children from ages seven to sixteen receive a foundational education, with provisions for earlier enrollment, withdrawal options for six-year-olds, and specific exemptions for various circumstances.
Information published to or by The Industry Leader will never constitute legal, financial or business advice of any kind, nor should it ever be misconstrued or relied on as such. For individualized support for yourself or your business, we strongly encourage you to seek appropriate counsel.
