§ 17:221 — School attendance; compulsory ages; duty of parents; excessive absences; condition

Louisiana § 17:221

• Jurisdiction: Louisiana
• Title 17: Credit Union Law

Text

§221. School attendance; compulsory ages; duty of parents; excessive absences; condition
for driving privileges
A.(1)(a) For the 2021-2022 school year, the parent or legal guardian of a child who
is age seven through eighteen and residing within the state of Louisiana shall send the child
to a public or nonpublic school, unless the child graduates from high school prior to his
eighteenth birthday. A child below the age of seven who legally enrolls in school shall also
be subject to the provisions of this Subpart.
(b) Beginning with the 2022-2023 school year, the parent or legal guardian of a child
who resides in Louisiana and who is age five, by September thirtieth of the calendar year in
which the school year begins, through eighteen shall send the child to a public or nonpublic
school, as defined by R.S. 17:236, unless the child's parent or legal guardian opted to defer
enrollment of his child in kindergarten pursuant to R.S. 17:151.3(D) or the child graduates
from high school prior to his eighteenth birthday. A child below the age of five who legally
enrolls in school shall also be subject to the provisions of this Subpart.
(c) The parent or legal guardian of the child shall also assure the attendance of the
child in regularly assigned classes during regular school hours established by the school
board and shall assure that the child is not habitually tardy from school pursuant to the
provisions of R.S. 17:233.
(2) Whoever violates the provisions of this Subsection shall be fined not more than
two hundred and fifty dollars or imprisoned not more than thirty days, or both. The court
shall impose a minimum condition of probation which may include that the parent, tutor, or
other person having control or charge of the child participate in forty hours of school or
community service activities, or a combination of forty hours of school or community service
and attendance in parenting classes or family counseling sessions or programs approved by
the court having jurisdiction, as applicable, or the suspension of any state-issued recreational
license.
(3) Whoever violates any other provision of this Subpart or any other provision of
law which provides for the penalty provided for in this Section shall be fined not more than
fifteen dollars, and, for such violations, each day the violation continues shall constitute a
separate offense.
(4) Visiting teachers or supervisors of child welfare and attendance, with the
approval of the parish or city superintendents of schools, shall file proceedings in court to
enforce the provisions of this Subpart.
B.(1) A city, parish, or other local public school board shall grant admission or
readmission to school to any person who meets all of the following criteria:
(a) Resides within the geographic boundaries of the school system.
(b) Meets the eligibility requirements for school entrance pursuant to this Section.
(c) Is nineteen years of age or younger on September thirtieth of the calendar year
in which the school year begins or is twenty years of age on September thirtieth of the
calendar year in which the school year begins and has sufficient course credits that he will
be able to graduate within one school year of admission or readmission.
(d) Has not received a high school diploma or its equivalent.
(e) Is otherwise eligible for enrollment in a public school pursuant to state law and
the policies of the local school board and the State Board of Elementary and Secondary
Education.
(2) If a person meets all of the criteria in Paragraph (1) of this Subsection, no city,
parish, or other local public school board may deny him admission or readmission based on
any of the following characteristics:
(a) The person voluntarily withdrew from school.
(b) The person is pregnant.
(c) The person is a parent.
(d) The person is married.
(3) The admission or readmission of a person who will be twenty years of age on
September thirtieth of the calendar year in which the school year begins shall be limited to
grade twelve.
(4) The admission or readmission of any person who has been suspended or expelled
from a Louisiana public school is subject to all laws and policies applicable to such
disciplinary actions.
(5) The admission or readmission of a person with an exceptionality is subject to
federal and state law governing the age of eligibility for services for students with
exceptionalities.
C. Each of the school boards shall:
(1) Develop and submit to the state superintendent of education a detailed written
program plan designed to improve school attendance, based on local needs and resources.
(2) Give priority in selecting pilot schools within the local school districts to those
with the highest percentage of nonattendance.
(3) Focus the program in a manner designed to remedy the underlying problems
causing poor school attendance.
D. Each school shall develop and implement a system whereby the school shall
attempt to provide verbal notification and, if such verbal notification cannot be provided,
then shall provide written notification to a child's parent, tutor, or legal guardian when that
child has been absent from school for five school days in schools operating on a semester
basis, and for ten days in schools not operating on a semester basis.
E.(1)(a) Nothing in this Section shall be construed to prohibit a child from enrolling
in an approved home study program or a nonpublic school not seeking state approval. The
parent or legal guardian responsible for the school attendance of such a child, who is between
the ages of five and eighteen, shall report the attendance of the child to the state Department
of Education within thirty days of the start of the school term as provided in R.S. 17:232(C).
(b) For each child enrolled in an approved home study program, the department shall:
(i) Within thirty days of initial approval or denial of an application for an approved
home study program and the failure to receive an annual renewal application for a previously
approved home study program, provide notification to the city, parish, or other local school
system in which the child was most recently enrolled, and if different, the school system in
which the child resides. The notification shall include the child's legal name, date of birth,
and physical residential address.
(ii) Not record the child as a dropout attributable to the public school in which the
child was most recently enrolled or the public school which the child would otherwise attend.
(2) A parent or legal guardian responsible for the school attendance of a child who
is between the ages of five and eighteen and who is enrolled in an approved home study
program pursuant to R.S. 17:236.1 shall be considered in compliance with the school
attendance provisions of Paragraph (A)(1) of this Section.
(3) No city, parish, or other local public school system shall be responsible for
collecting and maintaining school attendance data for any child who is enrolled in an
approved home study program, unless and until the parent subsequently enrolls the child in
a public school under the authority of the public school system.
F. The parent, tutor, or other person responsible for the school attendance of a child
who is under age eighteen and who is enrolled in school beyond his sixteenth birthday may
request that the student be allowed to attend an alternative education program or a
vocational-technical education program. In the case of a child who has no parent, tutor, or
other person responsible for his school attendance, the superintendent of the city, parish, or
other local public school system may act on behalf of the student in making such a request.
Upon such request, the superintendent of the city, parish, or other local school system in
which the student is enrolled shall be responsible for determining whether the student
remains in the regular school setting or attends an alternative education program or a
vocational-technical education program and for developing and implementing an
individualized plan of education for such student.
G. The provisions of Paragraph (A)(1) of this Section shall not be applicable to any
child who is under the age of seventeen and is attending or is seeking admission to a National
Guard Youth Challenge Program in this state, and the parent, tutor, or legal guardian of any
such child shall not be considered in violation of the provisions of Paragraph (A)(1) of this
Section.
H. Nothing in this Section shall prohibit any child from attending or seeking
admission to a National Guard Youth Challenge Program in this state.
I. Nothing in this Section shall prohibit a child who is at least sixteen years of age,
who meets criteria established by the State Board of Elementary and Secondary Education
for enrolling in an effective adult education program, from enrolling in and attending such
a program. A parent, tutor, or other person responsible for the school attendance of a child
who is at least sixteen years of age but under age eighteen and who is enrolled in and is
fulfilling the attendance requirements of an adult education program shall be considered to
be in compliance with the school attendance provisions of Paragraph (A)(1) of this Section.
As used in this Subsection, an "effective adult education program" means an approved
program that has demonstrated a proven record of student progress in the attainment of basic
skills and essential competencies as determined by quality indicators and performance-based
criteria developed and adopted by the Board of Supervisors of Community and Technical
Colleges in accordance with R.S. 17:3217.1(D)(2).
J. Pursuant to a policy adopted by a school board as defined by and in compliance
with R.S. 32:431.1, the driving privileges of a child under eighteen years of age may be
denied or suspended if the child withdraws from school prior to graduation or has been
determined to be habitually absent or tardy as provided in R.S. 17:233.
K. A child who is at least seventeen years of age and who, after successfully
completing a program established by the State Board of Elementary and Secondary
Education, has been issued a Louisiana high school equivalency diploma in accordance with
criteria established by the Board of Supervisors of Community and Technical Colleges shall
be considered exited from high school and shall not be subject to the provisions of this
Subpart.

Legislative History

Acts 1964, No. 109, §1; Amended by Acts 1966, No. 521, §1; Acts 1976, No. 425, §1; Acts 1979, No. 383, §1; Acts 1981, No. 873, §2, eff. Sept. 11, 1981; Acts 1986, No. 126, §1; Acts 1987, No. 504, §1, eff. July 9, 1987; Acts 1991, No. 757, §1; Acts 1995, No. 79, §1, eff. June 12, 1995; Acts 2001, No. 1151, §1, eff. July 1, 2001; Acts 2002, 1st Ex. Sess., No. 59, §1, eff. July 1, 2002 (Subsection F) and April 18, 2002 (Subsection I); Acts 2008, No. 688, §1, eff. June 1, 2009; Acts 2009, No. 224, §6, eff. June 1, 2009; Acts 2009, No. 305, §1; Acts 2010, No. 132, §1, eff. July 1, 2010; Acts 2010, No. 699, §1, eff. June 29, 1010; Acts 2010, No. 732, §1, eff. July 1, 2010; Acts 2010, No. 927, §1; Acts 2011, No. 166, §1; Acts 2014, No. 411, §1; Acts 2019, No. 21, §1; Acts 2021, No. 386, §1, eff. June 16, 2021; Acts 2022, No. 374, §1; Acts 2022, No. 677, §1, eff. June 18, 2022.