(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.
(School Code 1927, §314; Code 1940, T. 52, §311; Act 99-705, 2nd Sp. Sess., p. 222, §1; Act 2001-344, p. 446, §1.)
Notes of Decisions
Cited in
7
cases, 1992–2003 · leading case:
State v. L.N.A., 811 So. 2d 637 (Ala. Crim. App. 2001).
State v. L.N.A., 811 So. 2d 637 (Ala. Crim. App. 2001).
· cites it 9× “” The State specifically contends that § 16-28-16, Ala.Code 1975, as amended effective July 1, 2000, does not amend or extend § 16-28-3, Ala.”
S.H. v. State, 868 So. 2d 1110 (Ala. Civ. App. 2003).
· cites it 3× “Therefore, contrary to the juvenile court’s finding, the amendment to § 16-28-16, Ala.Code 1975, did not amend or extend the provisions of § 16-28-3, Ala.”
State v. K. C. L., 823 So. 2d 1287 (Ala. Crim. App. 2001).
· cites it 4× “In 1999, Act 99-705 was enacted amending § 16-28-16, Code of Alabama, and adding a provision ‘b’ in part that, ‘.”
State v. LNA, 811 So. 2d 637 (Ala. Crim. App. 2001).
· cites it 10× “" The State specifically contends that § 16-28-16, Ala.Code 1975, as amended effective July 1, 2000, does not amend or extend § 16-28-3, Ala.”
State v. KCL, 823 So. 2d 1287 (Ala. Crim. App. 2001).
· cites it 9× “In 1999, Act 99-705 was enacted amending § 16-28-16, Code of Alabama, and adding a provision `b' in part that, `.”
SH v. State, 868 So. 2d 1110 (Ala. Civ. App. 2003).
· cites it 3× “Therefore, contrary to the juvenile court's finding, the amendment to § 16-28-16, Ala.Code 1975, did not amend or extend the provisions of § 16-28-3, Ala.”
H.R. v. State Dep't of Human Resources, 609 So. 2d 448 (Ala. Civ. App. 1992).
“The motion was based on jurisdictional grounds for failure to comply with the three-day written notice requirement of § 16-28-16, Code 1975. Argument was heard on the matter and certain facts were stipulated by the parties.”
Ala. Code § 16-28-16(a): 4 cases
S.H. v. State, 868 So. 2d 1110 (Ala. Civ. App. 2003).
“Therefore, contrary to the juvenile court’s finding, the amendment to § 16-28-16, Ala.Code 1975, did not amend or extend the provisions of § 16-28-3, Ala.”
State v. K. C. L., 823 So. 2d 1287 (Ala. Crim. App. 2001).
“In 1999, Act 99-705 was enacted amending § 16-28-16, Code of Alabama, and adding a provision ‘b’ in part that, ‘.”
SH v. State, 868 So. 2d 1110 (Ala. Civ. App. 2003).
“Therefore, contrary to the juvenile court's finding, the amendment to § 16-28-16, Ala.Code 1975, did not amend or extend the provisions of § 16-28-3, Ala.”
State v. KCL, 823 So. 2d 1287 (Ala. Crim. App. 2001).
“In 1999, Act 99-705 was enacted amending § 16-28-16, Code of Alabama, and adding a provision `b' in part that, `.”
Ala. Code § 16-28-16(b): 5 cases
S.H. v. State, 868 So. 2d 1110 (Ala. Civ. App. 2003).
“Therefore, contrary to the juvenile court’s finding, the amendment to § 16-28-16, Ala.Code 1975, did not amend or extend the provisions of § 16-28-3, Ala.”
State v. K. C. L., 823 So. 2d 1287 (Ala. Crim. App. 2001).
“In 1999, Act 99-705 was enacted amending § 16-28-16, Code of Alabama, and adding a provision ‘b’ in part that, ‘.”
State v. KCL, 823 So. 2d 1287 (Ala. Crim. App. 2001).
“In 1999, Act 99-705 was enacted amending § 16-28-16, Code of Alabama, and adding a provision `b' in part that, `.”
SH v. State, 868 So. 2d 1110 (Ala. Civ. App. 2003).
“Therefore, contrary to the juvenile court's finding, the amendment to § 16-28-16, Ala.Code 1975, did not amend or extend the provisions of § 16-28-3, Ala.”
State v. LNA, 811 So. 2d 637 (Ala. Crim. App. 2001).
“" The State specifically contends that § 16-28-16, Ala.Code 1975, as amended effective July 1, 2000, does not amend or extend § 16-28-3, Ala.”
Annotations are extracted automatically from the opinions in the
Syfert caselaw corpus and ranked by authority, recency, and
treatment. Dots show Syfertize treatment of the citing case itself.