SUBPART C. SCHOOL ATTENDANCE

§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.

            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.