Compulsory Education

• Author: Richard Leiter
• Pages: 261-276

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Public schools are a relatively new concept in Western culture. Not until the nineteenth century did states officially begin to take responsibility for educating children. Before that time education was a private matter, either handled by parents, churches, or communities that joined together and paid a teacher to educate their children.

Some early state constitutions and territory charters specifically stated that the government was responsible for the training of children in morals and the overall knowledge necessary for them to become responsible citizens. Often this responsibility was acted upon merely by subsidizing the building of schools; minimum requirements for the type of education or the number of years of education that were required of students were not set.

Today education is a responsibility that local, state, and federal governments take seriously. The teaching of morality has given way to standard academic focuses, and compulsory education laws, requiring public school attendance of all children generally between the ages of six or seven and sixteen, have been enacted. However, these rules frequently exempt children with permanent or temporary mental or physical disabilities, and a few states exempt students who live more than two miles from a public transportation route. Alternatives to state-run schools, including private and parochial schools and home schools, are also available.

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Table 15: Compulsory Education
State	Code Section	Age Requirements	Exceptions	Home School Provisions	Penalties on Parents for Noncompliance
ALABAMA	16-28-1, et seq.	Between 7 and 16	Church school students; child privately tutored by certified instructor; child whose physical/mental condition prevents attendance; child would be compelled to walk over 2 miles to attend public school; child legally and regularly employed; children over 16 who have completed public school course of study	Exempted from Chapter 46 regulating certain schools and courses of instruction (§§16-46-1, et seq.)	Misdemeanor: Fine up to $100 and possibly up to 90 days hard labor for the county
ALASKA	14.30.010, et seq.	Between 7 and 16	Comparable education provided through religious or private school or tutoring; attends school operated by federal government; child has physical/mental condition making attendance impractical; child is in custody of court or law enforcement officer; child is temporarily ill or injured, resides over 2 miles from a route for public transportation, or has completed the 12th grade or is suspended or denied admittance under 14.30.045; child is enrolled in an approved correspondence study or is well-served by an educational experience of another kind that is approved	Tutoring by personnel certified according to §14.20.020 who holds bachelor’s degree from accredited institution among other requirements	Knowing noncompliance is violation with fine up to $300; every 5 days of noncompliance is separate violation
ARIZONA	15-802; 41-1493, et seq.	Between 6 and 16 or 10th grade	Child receives home instruction and takes a standardized achievement test; child attends a private school full time (at least 175 days per year); physical/mental condition makes attendance impractical; child has completed 10th grade; child is over 14 and employed at a lawful wage-earning occupation with consent of custodian/parent; child enrolled in vocational education; child enrolled in another state-provided education program; waiver may be granted for good cause; child was suspended	Instruction must be in reading, grammar, mathematics, social studies, and science by a person passing a reading, grammar, and mathematics proficiency exam; home schooled child must be allowed to participate in interscholastic athletics for school district in which he/she resides	Class 3 misdemeanor; petty offense for failure to provide attendant for home-schooled child

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State	Code Section	Age Requirements	Exceptions	Home School Provisions	Penalties on Parents for Noncompliance
ARKANSAS	6-18-201, et seq.	Between 5 and 17	Child has received a high school diploma; parent may elect to withhold child from kindergarten; any child over 16 enrolled in post-secondary vocational institution or college or specific adult education programs upon certain conditions	Parents must give written notice of intent to home school; with curriculum, schedules, and qualifications of teacher presented to superintendent for each semester; child must submit to standardized achievement tests annually and at 8, if test results are unsatisfactory, child shall be enrolled in a public, private, or parochial school (§6-15-501 et. seq.)	Misdemeanor; each day is separate offense and fine of $25 to $100
CALIFORNIA	Educ. §§48200, et seq.; 48400; 48293	Between 6 and 18; unless otherwise exempted, persons 16 to 18 must attend special continuation education classes	Children attending private schools; child being tutored by person with state credential for grade being taught; children holding work permits (subject to compulsory part-time classes); child of 15 may take a leave of absence for supervised travel, study, training, or work not available to the student under another education option if certain conditions are met; illegal aliens		Guilty of an infraction; 1st conviction: fine up to $100; 2nd conviction: fine up to $250; 3rd or subsequent convictions: fine up to $500; in lieu of any fines, court may order person placed in parent education and counseling program
COLORADO	22-33-104, et seq.	Between 7 and 16	Child ill or injured temporarily; child attends an independent or parochial school that provides a “basic academic education”; child absent due to a physical/mental/emotional disability; child is lawfully employed; child is in custody of court or law enforcement authority; child graduated 12th grade; child is instructed at home; child is suspended or expelled	Parents not subject to “Colorado Education Licensing Act of 1991”; must provide 4 hours of instruction on average a day; must include reading, writing, speaking, math, history, civics, literature, science, and the Constitution; parents must give written notice every year and children shall be evaluated at grades 3, 5, 7, 9 and 11	Attendance officer designated for enforcement of compulsory education; board of education of each school district shall adopt policies and procedures for habitually truant child

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State	Code Section	Age Requirements	Exceptions	Home School Provisions	Penalties on Parents for Noncompliance
CONNECTICUT	10-184; 185	Between 5 and 18	Child receiving equivalent instruction elsewhere; high school graduate	Must include: reading, writing, spelling, English grammar, geography, arithmetic, U.S. history and citizenship; child must be receiving an equivalent instruction; minimum 180 days instruction per year	Fine maximum $25 per day: each day is distinct offense; exception for parents of child destitute of clothing
DELAWARE	Tit. 14 §§2702, et seq.	Between 5 and 16	Private school attendance; mentally or physically handicapped; by parents’ request with written documentation of physician or psychiatrist	Home school is affiliated with a home school association or organization is registered with Dept. of Education	Fined not less than $5 and not more than $25 for first offense; not more than $50 for each subsequent offense in a school year
DISTRICT OF COLUMBIA	38-201, et seq.	Between 5 and 18	Child obtained diploma; if 17 and lawfully employed, school hours may be flexible	Regular attendance in an independent school; private or parochial instruction	Misdemeanor; at least $100 fine or prison up to 5 days or both per offense or community service in the alternate; One offense is the equivalent of missing 2 full-day sessions or 4 half-day sessions in one month; failure to enroll child is also offense
FLORIDA	1003.21, et seq.	Between 6 and 16	Certificate of exception granted by the district school superintendent	Notify superintendent of schools, maintain a portfolio of records and materials, and evaluate education annually, including a national student achievement test or other method of evaluation; 1002.41	Non-enrollment: superintendent shall begin criminal prosecution; refusing to have child attend regularly is second degree misdemeanor

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State	Code Section	Age Requirements	Exceptions	Home School Provisions	Penalties on Parents for Noncompliance
GEORGIA	20-2-690, et seq.	Between 6 and 16	Private school or home study	Must teach at least reading, language arts, math, social studies, and science; parents must give annual notice; parent must teach only his or her children or hire a private tutor who holds at least a high school diploma or a GED equivalency diploma; subject to standardized testing; must provide annual progress assessment report; minimum 180 days of instruction per year and at least 4 1/2 hours of instruction per day	Misdemeanor; fine up to $100 and/or prison up to 30 days; each day’s absence is separate offense
HAWAII	302A-1132, et seq.	Between 6 and 18	Child is physically or mentally unable to attend; child is at least 15 and suitably employed and excused by school representative or judge; permission after investigation by the family court; child has graduated high school; child is enrolled in an appropriate alternative educational program	Parents must notify assigned public school of intent to home educate children and upon termination of home education; parent must maintain record of planned curriculum	Petty misdemeanor
IDAHO	33-202, et seq.	Between 7 and 16	Child is otherwise comparably instructed; child’s physical/mental/emotional condition does not permit attendance	Comparably instructed	Proceedings brought under provisions of the YouthRehabilitation Act
ILLINOIS	105 ILCS 5/26-1, et seq.	Between 7 and 17	Child attending private or parochial school; child is physically/mentally unable to attend school; child is excused by county superintendent; child 12 to 14 attending confirmation classes; pregnant female with

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