Code of Alabama

Ala. Code § 16-28-2.1 (2026)

Adoption of Standards for Mandatory Attendance Policy; Parents Held Accountable; Enforcement.

✓ official Alabama Legislature (ALISON) text, current July 2026
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The Legislature finds that mandatory attendance policies for schools differ from school system to school system throughout the State of Alabama. The State Board of Education shall adopt standards for a mandatory and enforceable attendance policy for all students in public schools in the State of Alabama. Parents shall be held accountable in accordance with Sections 16-28-12 and 16-28-7, for the failure of the child who is of compulsory attendance age to attend either public, private or church-school. Enforcement of this section shall lie with the local board of education and the juvenile court system.

(Acts 1991, No. 91-323, p. 602, §15.)

Notes of Decisions
Cited in 4 cases, 1996–2015 · leading case: S.H. v. State, 868 So. 2d 1110 (Ala. Civ. App. 2003).
S.H. v. State, 868 So. 2d 1110 (Ala. Civ. App. 2003). · cites it 2× “argues that § 16-28-2.1, Ala. Code 1975, undercuts the holding in *1119 L.”
Ruby J. v. Jefferson Cnty. Bd. of Educ., 122 F. Supp. 3d 1288 (N.D. Ala. 2015). · cites it 2× “Ala. Code § 16-28-2.1 . Parents can be held accountable for the failure of their child to attend school under these policies.”
Hamilton v. Bd. of Sch. Com'rs of Mobile Cnty., 993 F. Supp. 884 (S.D. Ala. 1996). “§ 16-28-2.1 (1991). 8 . Granted, sending a mentally retarded child home in a taxi cab may not be the best exercise of judgment, but it is not so extreme or outrageous as to rise to the level of actionable conduct.”
SH v. State, 868 So. 2d 1110 (Ala. Civ. App. 2003). · cites it 2× “argues that § 16-28-2.1, Ala. Code 1975, undercuts the holding in *1119 L.”
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