North Dakota § 15.1-20-03 Compulsory attendance law - Enforcement - Penalty

North Dakota Statutes

§ 15.1-20-03 — Compulsory attendance law - Enforcement - Penalty

North Dakota·Title 15.1 Elementary and Secondary Education·Ch. 15.1-20 School Attendance

1.Each teacher and administrator is charged with the enforcement of compulsory attendance provisions. The compulsory attendance provisions are applicable to any student who is offered school facilities by a school district, regardless of whether or not the student actually resides in the district.

2.If a teacher determines that a student is not in attendance as required by this chapter and that the student has not been excused in accordance with this chapter or in accordance with the school district's or nonpublic school's policies, the teacher shall notify the administrator of the school.

3.Upon receiving notice of a student'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

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1. Each teacher and administrator is charged with the enforcement of compulsory
attendance provisions. The compulsory attendance provisions are applicable to any
student who is offered school facilities by a school district, regardless of whether or not
the student actually resides in the district.
2. If a teacher determines that a student is not in attendance as required by this chapter
and that the student has not been excused in accordance with this chapter or in
accordance with the school district's or nonpublic school's policies, the teacher shall
notify the administrator of the school.
3. Upon receiving notice of a student'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 student has failed to
ensure that the student is in attendance, the administrator shall refer the matter to the
local law enforcement agency.
4. Any person who fails to ensure that a student 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 student is in attendance has made substantial
and reasonable efforts to comply with the requirements of this section, but is unable to
compel the student to attend school. If the court determines that the affirmative
defense is valid, the court shall dismiss the complaint against the person.

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