(1) (a) Except as otherwise
provided in subsection (2) of this section, every child who has attained the age of six
years on or before August 1 of each year and is under the age of seventeen years,
except as provided by this section, shall attend public school for at least the
following number of hours during each school year:
(I) One thousand fifty-six hours if a secondary school pupil;
(II) Nine hundred sixty-eight hours if an elementary school pupil in a grade
other than kindergarten;
(III) Nine hundred hours if a full-day kindergarten pupil; or
(IV) Four hundred fifty hours if a half-day kindergarten pupil.
(b) Notwithstanding the provisions of paragraph (a) of this subsection (1), a
school or schools shall not be in session for fewer than one hundred sixty days
without the specific prior approval of the commissioner of education.
(c) A student who participates in an online program or online school pursuant
to the provisions of article 30.7 of this title shall be deemed to attend school in
accordance with the requirements of this subsection (1).
(d) Nothing in this section shall be interpreted to require a child who begins
attending preschool or kindergarten at five or six years of age to advance to first
grade in the following school year. A parent of a child who began attending
preschool or kindergarten at five or six years of age may notify the child's school of
the parent's wish that the child not advance to first grade in the following school
year, and a school that receives such notice shall not advance the child to first
grade in the following school year.
(1.5) (Deleted by amendment, L. 2006, p. 1211, � 2, effective July 1, 2007.)
(2) The provisions of subsection (1) of this section shall not apply to a child:
(a) Who is temporarily ill or injured or whose absence is approved by the
administrator of the school of attendance;
(b) Who is enrolled for a minimum of one hundred seventy-two days in an
independent or parochial school which provides a basic academic education. Basic
academic education for the purpose of this article means the sequential program
of instruction provided by an independent or parochial school. Such program shall
include, but not be limited to, communication skills of reading, writing, and
speaking, mathematics, history, civics, literature, and science.
(c) Who is absent for an extended period due to a physical disability or a
mental or behavioral health disorder;
(d) Who has been suspended, expelled, or denied admission in accordance
with the provisions of this article; except that, when a pupil is expelled for the
remainder of the school year, the parent, guardian, or legal custodian is responsible
for seeing that either the provisions of subsection (1) of this section are complied
with during the period of expulsion from the school district or that the pupil meets
the conditions for exemption specified in paragraph (b) or (i) of this subsection (2);
(e) To whom a current age and school certificate or work permit has been
issued pursuant to the Colorado Youth Employment Opportunity Act of 1971,
article 12 of title 8, C.R.S.;
(f) Who is in the custody of a court or law enforcement authorities;
(g) Who is pursuing a work-study program under the supervision of a public
school;
(h) Who has graduated from the twelfth grade;
(i) Who is being instructed at home:
(I) By a teacher licensed pursuant to article 60.5 or 61 of this title; or
(II) Under a nonpublic home-based educational program pursuant to section
22-33-104.5.
(III) (Deleted by amendment, L. 2003, p. 2131, � 24, effective May 22, 2003.)
(j) Who is enrolled in a school where the state board of education has
approved a lesser number of days.
(k) Who is excused from school for a therapy, medical, legal, or victim
services appointment related to harassment or discrimination, as described in
section 22-1-143 (2)(f), or for behavioral or mental health concerns related to
harassment or discrimination.
(3) Unless within one of the exceptions listed in subsection (2) of this section,
a child who is deaf or blind, and who has attained the age of six years and is under
the age of seventeen, shall attend, for at least one hundred seventy-two days
during the school year, a school which provides suitable specialized instruction. The
provisions of this subsection (3) shall not apply to a child if the Colorado school for
the deaf and the blind refuses him admission and it is impractical to arrange for
attendance at a special education class, as provided in article 20 of this title, within
daily commuting distance of the child's home. If any school providing instruction for
deaf or blind children offers fewer than the necessary one hundred seventy-two
days of instruction, the school shall file with the school district in which it is located
a report showing the number of days classes were held and the names and ages of
the children enrolled.
(4) (a) The board of education shall adopt a written policy setting forth the
district's attendance requirements. The policy must provide for excused absences,
including those listed as exclusions from compulsory school attendance in
accordance with subsection (2) of this section, as well as temporary absences due
to behavioral health concerns. An attendance policy developed pursuant to this
section may include appropriate penalties for nonattendance due to unexcused
absence.
(b) The attendance policy adopted pursuant to this subsection (4) shall
specify the maximum number of unexcused absences a child may incur before the
attorney for the school district, the attendance officer, or the local board of
education may initiate judicial proceedings pursuant to section 22-33-108.
Calculation of the number of unexcused absences a child has incurred includes all
unexcused absences occurring during any calendar year or during any school year.
(b.5) Each board of education is encouraged to establish attendance
procedures for identifying students who are chronically absent and to implement
best practices and research-based strategies to improve the attendance of
students who are chronically absent.
(c) On or before January 1, 2009, the state board shall adopt rules
establishing a standardized calculation for counting unexcused absences of
students, including the circumstance in which a student is absent for part of a
school day, and the format for reporting the information to the department
pursuant to section 22-33-107.
(5) (a) The general assembly hereby declares that two of the most important
factors in ensuring a child's educational development are parental involvement and
parental responsibility. The general assembly further declares that it is the
obligation of every parent to ensure that every child under such parent's care and
supervision receives adequate education and training. Therefore, every parent of a
child who has attained the age of six years on or before August 1 of each year and is
under the age of seventeen years shall ensure that such child attends the public
school in which such child is enrolled in compliance with this section.
(b) Parents whose children are enrolled in an independent or parochial
school or a non-public home-based educational program pursuant to the provisions
of subsection (2) of this section shall be exempt from the requirements of this
subsection (5).
Source: L. 63: p. 862, � 5. C.R.S. 1963: � 123-20-5. L. 73: pp. 1254, 1314, �� 5,
6. L. 74: (2)(j) added, p. 363, � 1, effective March 19. L. 77: (1) amended, p. 1071, � 4,
effective May 24. L. 80: (1) amended, p. 551, � 2, effective April 30. L. 83: (2)(b)
amended, p. 755, � 1, effective June 3. L. 84: (4) added, p. 597, � 2, effective April 5. L. 86: (1) amended, p. 801, � 4, effective July 1. L. 87: (2)(i) amended, p. 829, � 1,
effective July 1. L. 88: (2)(j) amended, p. 768, � 2, effective July 1. L. 93: (5) added, p.
457, � 1, effective April 19; (2)(d) amended, p. 454, � 6, effective July 1. L. 94: (4)
amended, p. 678, � 3, effective April 19. L. 97: (1.5) added, p. 41, � 1, effective July 1. L. 98: (1), (2)(d), and (2)(i) amended, p. 654, � 1, effective August 5. L. 2000: (2)(i)(I)
amended, p. 1857, � 60, effective August 2. L. 2003: (1) and (2)(i)(III) amended, p.
2131, � 24, effective May 22. L. 2006: (1), (1.5), and (5)(a) amended, p. 1211, � 2,
effective July 1, 2007. L. 2007: (1)(c) amended, p. 1089, � 15, effective July 1; IP(1)(a)
and (5)(a) amended and (1)(d) added, p. 70, � 1, effective July 1, 2008. L. 2008: (4)(c)
added, p. 517, � 1, effective August 5. L. 2009: (4)(a) amended, (HB 09-1243), ch.
290, p. 1423, � 3, effective May 21. L. 2012: (1)(c) amended, (HB 12-1240), ch. 258, p.
1330, � 44, effective June 4. L. 2013: (4)(b.5) added, (HB 13-1021), ch. 335, p. 1947, �
1, effective August 7. L. 2020: (2)(c) and (4)(a) amended, (SB 20-014), ch. 62, p. 213,
� 1, effective March 23. L. 2023: (2)(k) added, (SB 23-296), ch. 390, p. 2344, � 3,
effective August 7.