Code of Alabama
Article 1 - General Provisions.
Section 16-28-16 - Cases of Nonenrollment and Nonattendance; Withdrawal of Enrollment.

(a) It shall be the duty of the county superintendent of education or the city superintendent of education, as the case may be, to require the attendance officer to investigate all cases of nonenrollment and of nonattendance. In all cases investigated where no valid reason for nonenrollment or nonattendance is found, the attendance officer shall give written notice to the parent, guardian, or other person having control of the child. In the event of the absence of the parent, guardian, or other person having control of the child from his or her usual place of residence, the attendance officer shall leave a copy of the notice with some person over 12 years of age residing at the usual place of residence, with instructions to hand the notice to the parent, guardian, or other person having control of the child, which notice shall require the attendance of the child at the school within three days from the date of the notice. In the event the investigation discloses that the nonenrollment or nonattendance was without valid excuse or good reason and intentional, the attendance officer shall be required to bring criminal prosecution against the parent, guardian, or other person having control of the child.
(b) Each child who is enrolled in a public school shall be subject to the attendance and truancy provisions of this article except that any parent or parents, guardian or guardians who voluntarily enrolls their child in public school, who feel that it is in the best interest of that child shall have the right to withdraw the child at any time prior to the current minimum compulsory attendance age.

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.