Code of Alabama
Article 1 - General Provisions.
Section 16-28-13 - Burden of Proof on Person in Loco Parentis.

No parent, guardian or other person having control or charge of any child shall be convicted for failure to have said child enrolled in school or for failure to send a child to school or for failure to require such child to regularly attend such school or tutor, or for failure to compel such child to properly conduct himself as a pupil, if such parent, guardian or other person having control or charge of such child can establish to the reasonable satisfaction of the court the following:
(1) That the principal teacher in charge of said school which he attends or should attend or the tutor who instructs or should instruct said child gave permission for the child to be absent; or
(2) That such parent, guardian or other person is unable to provide necessary books and clothes in order that the child may attend school in compliance with law, and that such parent, guardian or other person had prior to the opening of the school, or immediately after the beginning of such dependency, reported such dependent condition to the juvenile court of the county and offered to turn the child over to the State Department of Human Resources as a dependent child; or
(3) That such parent, guardian or other person has made a bona fide effort to control such child and is unable to do so, and files in court a written statement that he is unable to control such child; or
(4) That there exists a good cause or valid excuse for such absence; or
(5) That such parent, guardian or other person has made a bona fide, diligent effort to secure the regular attendance of such child and that the absence was without his knowledge, connivance or consent.
A good cause or valid excuse, as used in this section, exists when on account of sickness or other condition attendance was impossible or entirely inadvisable or impracticable or when, by virtue of the extraordinary circumstances, the absence is generally recognized as excusable.

Structure Code of Alabama

Code of Alabama

Title 16 - Education.

Chapter 28 - School Attendance.

Article 1 - General Provisions.

Section 16-28-1 - Definitions.

Section 16-28-2 - Purposes of Article.

Section 16-28-2.1 - Adoption of Standards for Mandatory Attendance Policy; Parents Held Accountable; Enforcement.

Section 16-28-2.2 - Establishment of Program by Local Boards to Inform Parents of Educational Responsibilities.

Section 16-28-3 - Ages of Children Required to Attend School; Exemption for Church School Students; Transfer Students.

Section 16-28-3.1 - Guidelines and Procedures for Withdrawal From School; Dropout Prevention Program.

Section 16-28-4 - Minimum Age at Which Child May Enter.

Section 16-28-5 - Private Tutor.

Section 16-28-6 - Children Exempt From Attending Public School.

Section 16-28-7 - Report of Enrollment.

Section 16-28-8 - Reports Required Must Be Furnished.

Section 16-28-9 - List of Children Who Should Attend School - Required.

Section 16-28-10 - List of Children Who Should Attend School - How Lists Prepared.

Section 16-28-11 - Enrollment Report and List of Potential Students Compared.

Section 16-28-12 - Person in Loco Parentis Responsible for Child's School Attendance and Behavior; Noncompliance; Local Boards to Promulgate Written Behavior Policy, Contents, Annual Distribution, Receipt to Be Documented; School Officials Required t...

Section 16-28-13 - Burden of Proof on Person in Loco Parentis.

Section 16-28-14 - Habitual Truant.

Section 16-28-15 - Absence Must Be Explained.

Section 16-28-16 - Cases of Nonenrollment and Nonattendance; Withdrawal of Enrollment.

Section 16-28-17 - When Child May Be Taken Into Custody.

Section 16-28-18 - Record Kept by Attendance Officer.

Section 16-28-19 - Attendance Districts.

Section 16-28-20 - Compensation of Attendance Officers.

Section 16-28-21 - Juvenile Court Jurisdiction.

Section 16-28-22 - Prosecutions.

Section 16-28-23 - Attendance Register and Rules and Regulations as Evidence.

Section 16-28-24 - Church Schools May Waive Exemptions Specified in This Article.