TITLE 20 EDUCATION

Section 2. Elementary and Secondary Education, 20-2-1 through 20-2-2180.

ARTICLE 16 STUDENTS

20-2-690.1. Mandatory education for children between ages six and 16.

Mandatory attendance in a public school, private school, or home school program shall be required for children between their sixth and sixteenth birthdays. Such mandatory attendance shall not be required where the child has successfully completed all requirements for a high school diploma.
Every parent, guardian, or other person residing within this state having control or charge of any child or children during the ages of mandatory attendance as required in subsection (a) of this Code section shall enroll and send such child or children to a public school, a private school, or a home study program that meets the requirements for a public school, a private school, or a home study program; and such child shall be responsible for enrolling in and attending a public school, a private school, or a home study program that meets the requirements for a public school, a private school, or a home study program under such penalty for noncompliance with this subsection as is provided in Chapter 11 of Title 15, unless the child's failure to enroll and attend is caused by the child's parent, guardian, or other person, in which case the parent, guardian, or other person alone shall be responsible; provided, however, that tests and physical exams for military service and the National Guard and such other approved absences shall be excused absences. The requirements of this subsection shall apply to a child during the ages of mandatory attendance as required in subsection (a) of this Code section who has been assigned by a local board of education or its delegate to attend an alternative public school program established by that local board of education, including an alternative public school program provided for in Code Section 20-2-154.1, regardless of whether such child has been suspended or expelled from another public school program by that local board of education or its delegate, and to the parent, guardian, or other person residing in this state who has control or charge of such child. Nothing in this Code section shall be construed to require a local board of education or its delegate to assign a child to attend an alternative public school program rather than suspending or expelling the child.
Any parent, guardian, or other person residing in this state who has control or charge of a child or children and who violates this Code section shall be guilty of a misdemeanor and, upon conviction thereof, shall be subject to a fine of not less than $25.00 and not greater than $100.00, imprisonment not to exceed 30 days, community service, or any combination of such penalties, at the discretion of the court having jurisdiction. Each day's absence from school in violation of this part after the child's school system notifies the parent, guardian, or other person who has control or charge of a child of five unexcused days of absence for a child shall constitute a separate offense. After two reasonable attempts to notify the parent, guardian, or other person who has control or charge of a child of five unexcused days of absence without response, the school system shall send a notice to such parent, guardian, or other person by certified mail, return receipt requested, or first-class mail. Prior to any action to commence judicial proceedings to impose a penalty for violating this subsection on a parent, guardian, or other person residing in this state who has control or charge of a child or children, a school system shall send a notice to such parent, guardian, or other person by certified mail, return receipt requested. Public schools shall provide to the parent, guardian, or other person having control or charge of each child enrolled in public school a written summary of possible consequences and penalties for failing to comply with compulsory attendance under this Code section for children and their parents, guardians, or other persons having control or charge of children. The parent, guardian, or other person who has control or charge of a child or children shall sign a statement indicating receipt of such written statement of possible consequences and penalties; children who are age ten years or older by September 1 shall sign a statement indicating receipt of such written statement of possible consequences and penalties. After two reasonable attempts by the school to secure such signature or signatures, the school shall be considered to be in compliance with this subsection if it sends a copy of the statement, via certified mail, return receipt requested, or first-class mail, to such parent, guardian, or other person who has control or charge of a child or children. Public schools shall retain signed copies of statements through the end of the school year.
Local school superintendents in the case of private schools, the Department of Education in the case of home study programs, and visiting teachers and attendance officers in the case of public schools shall have authority and it shall be their duty to file proceedings in court to enforce this subpart.The Department of Education shall coordinate with local school superintendents with respect to attendance records and notification for students in home study programs.
An unemancipated minor who is older than the age of mandatory attendance as required in subsection (a) of this Code section who has not completed all requirements for a high school diploma who wishes to withdraw from school shall have the written permission of his or her parent or legal guardian prior to withdrawing. Prior to accepting such permission, the school principal or designee shall convene a conference with the child and parent or legal guardian within two school days of receiving notice of the intent of the child to withdraw from school. The principal or designee shall make a reasonable attempt to share with the student and parent or guardian the educational options available, including the opportunity to pursue a general educational development (GED) diploma and the consequences of not having earned a high school diploma, including lower lifetime earnings, fewer jobs for which the student will be qualified, and the inability to avail oneself of higher educational opportunities. Every local board of education shall adopt a policy on the process of voluntary withdrawal of unemancipated minors who are older than the mandatory attendance age. The policy shall be filed with the Department of Education no later than January 1, 2007. The Department of Education shall provide annually to all local school superintendents model forms for the parent or guardian signature requirement contained in this subsection and updated information from reliable sources relating to the consequences of withdrawing from school without completing all requirements for a high school diploma. Such form shall include information relating to the opportunity to pursue a general educational development (GED) diploma and the consequences of not having earned a high school diploma, including lower lifetime earnings, fewer jobs for which the student will be qualified, and the inability to avail oneself of higher educational opportunities. Each local school superintendent shall provide such forms and information to all of its principals of schools serving grades six through twelve for the principals to use during the required conference with the child and parent or legal guardian.

(Ga. L. 1945, p. 343, §§ 1, 10; Ga. L. 1969, p. 682, § 1; Ga. L. 1971, p. 264, § 1; Code 1981, §20-2-690; Ga. L. 1983, p. 3, § 16; Code 1981, §20-2-690.1, enacted by Ga. L. 1984, p. 1266, § 1; Ga. L. 2000, p. 618, § 62; Ga. L. 2000, p. 1159, § 2; Ga. L. 2004, p. 107, § 10; Ga. L. 2006, p. 851, § 1/SB 413; Ga. L. 2012, p. 358, § 31/HB 706; Ga. L. 2012, p. 648, §§ 2, 3/HB 39.)

Code Commission notes.

- Pursuant to Code Section 28-9-5, in 2000, "Code Section 20-2-154.1" was substituted for "Code Section 20-2-769" in subsection (a) (now subsection (b)).

Editor's notes.

- Ga. L. 1984, p. 1266, § 1 repealed former Code Section 20-2-690 and substituted in lieu thereof present Code Sections 20-2-690 and 20-2-690.1. In light of the similarity of the provisions, present Code Section 20-2-690.1 is being treated as a continuation of former Code Section 20-2-690. (See history cite to this Code section.)

Ga. L. 2000, p. 618, § 1, not codified by the General Assembly, provides: "This Act shall be known and may be cited as the 'A Plus Education Reform Act of 2000.'"

Ga. L. 2000, p. 1159, § 3, not codified by the General Assembly, makes subsection (a) (now subsection (b)) of this Code section applicable to offenses committed on or after July 1, 2000.

Ga. L. 2012, p. 648, § 6/HB 39, not codified by the General Assembly, provides that the amendment by that Act shall apply beginning with school year 2012-2013.

Law reviews.

- For article recommending more consistency in age requirements of laws pertaining to the welfare of minors, see 6 Ga. St. B.J. 189 (1969). For article on 2006 amendment of this Code section, see 23 Ga. St. U.L. Rev. 129 (2006). For note discussing Georgia legislation governing the indenture of children and the practice of child indenture within the state, see 15 J. Pub. L. 349 (1966).

JUDICIAL DECISIONS

Former section was unconstitutionally vague, because the section was not sufficiently definite to provide a person of ordinary intelligence, who desires to avoid the section's penalties, fair notice of what constitutes a "private school." Furthermore, the section violated a second due process value in that the section impermissibly delegated to local law enforcement officials, judges, and juries the policy decision of what constitutes a "private school." Roemhild v. State, 251 Ga. 569, 308 S.E.2d 154 (1983) (decided prior to enactment of present Code Section20-2-690 by Ga. L. 1984, p. 1266, § 1; see the Editor's notes above).

Constitutionality.

- Defendant's challenge to the constitutionality of O.C.G.A. § 20-2-690.1 failed because the statute clearly punished the unjustified failure to send a child to school for whom one was responsible, did not violate equal protection, and was reasonably related to the legitimate governmental interest of ensuring children were educated, and the delegation of power to the Board of Education was accompanied by sufficient guidelines directing the Board to consider sickness and other emergencies. Pitts v. State, 293 Ga. 511, 748 S.E.2d 426 (2013).

Parents obligated to send children to school under rules fixed by authorities.

- Ga. L. 1946, p. 206 imposes upon the parents of school age children the duty of sending their children to school and upon the school authorities the duty of fixing the rules and regulations under which the children shall attend. Anderson v. State, 84 Ga. App. 259, 65 S.E.2d 848 (1951).

When parents refuse to have children immunized.

- If parents fail and refuse to have their children immunized against certain contagious diseases, which is required as a prerequisite to their attendance, and by reason of this refusal the children are sent home by their teachers, this would be a refusal by the parents to enroll and send their children to school and the parents would be guilty of violating the law. Anderson v. State, 84 Ga. App. 259, 65 S.E.2d 848 (1951).

Children deprived based on truancy.

- Evidence was sufficient to support the juvenile court's findings that the parents' children were deprived due to educational neglect as evidenced by the children's truancy, the home was unsafe with pill bottles laying around and a nail gun under the sink, and the parents' drug abuse. In the Interest of J.C., 264 Ga. App. 598, 591 S.E.2d 475 (2003).

Foster children.

- O.C.G.A. §§ 15-11-13,15-11-58,20-2-690.1 and49-5-12 set out in clear detail the rights and services to which foster children are entitled and, as a result, the federal statutory provisions (Title IV-B and IV-E of the Social Security Act, 42 U.S.C. § 670) in question are not too vague and amorphous to be enforced by the judiciary and each of the state statutes at issue impose specific duties on the state defendants; thus, the federal regulatory scheme embodied in the Child and Family Services Review process does not relieve the state defendants of the defendants' obligation to fulfill the defendants' statutory duties to plaintiff foster children, nor does the statute provide a legal excuse for the defendants failure to do so. Kenny A. v. Perdue, F. Supp. 2d (N.D. Ga. Dec. 11, 2004).

Permanent expulsion of a student for disciplinary reasons was not contrary to law since the constitutional right to free public education may be limited and the applicable statute, O.C.G.A. § 20-2-751, does not prohibit permanent expulsion; further, such expulsion does not conflict with or violate O.C.G.A. § 20-2-690.1. D.B. v. Clarke County Bd. of Educ., 220 Ga. App. 330, 469 S.E.2d 438 (1996).

Private cause of action.

- Following factors are relevant in determining whether a private remedy is implicit in a statute not expressly providing one: first, is the plaintiff one of the class for whose special benefit the statute was enacted; second, is there any indication of legislative intent, explicit or implicit, either to create such a remedy or to deny one; third, is it consistent with the underlying purpose of the legislative scheme to imply such a remedy for plaintiff? When foster children alleged that certain child services agencies and officials violated O.C.G.A. § 20-2-690.1 by failing to enroll and send the children to a school or provide home schooling that met statutory standards, § 20-2-690.1 conferred upon the children a private cause of action. Kenny A. v. Perdue, 218 F.R.D. 277 (N.D. Ga. Aug. 18, 2003).

Cited in Hale v. Davies, 86 Ga. App. 130, 70 S.E.2d 926 (1952); Graves v. Walton County Bd. of Educ., 300 F. Supp. 188 (M.D. Ga. 1968); M.S.K. v. State, 131 Ga. App. 1, 205 S.E.2d 59 (1974); Jenkins v. Jenkins, 233 Ga. 902, 214 S.E.2d 368 (1975); State v. Young, 234 Ga. 488, 216 S.E.2d 586 (1975); McClain v. McClain, 235 Ga. 659, 221 S.E.2d 561 (1975); In re D.H., 178 Ga. App. 119, 342 S.E.2d 367 (1986); Spivey v. Elliott, 29 F.3d 1522 (11th Cir. 1994); In the Interest of J.T., 297 Ga. App. 636, 678 S.E.2d 111 (2009).

OPINIONS OF THE ATTORNEY GENERAL

Board not authorized to prescribe nonattendance standards for nonpublic schools.

- There is no specific grant of authority to the State Board of Education to prescribe any standards or require a license for nonpublic schools, other than those enumerated in Ga. L. 1945, p. 343, §§ 1, 9 and 10. Therefore, it is presumed that the General Assembly did not intend for the board to have such authority. 1957 Op. Att'y Gen. p. 119.

Provisions neither authorize nor prohibit parents from sending children to school during teacher's absence.

- Law neither authorizes nor prohibits a school from directing the parents of children whose teacher is absent not to send the children to school during the teacher's absence. 1952-53 Op. Att'y Gen. p. 331.

Duty of Department of Human Resources.

- While the Department of Human Resources is not bound by the compulsory school attendance law to provide education for youths in state institutions such as Youth Development Centers, the department nevertheless has the duty to provide education for youths committed to the department. 1984 Op. Att'y Gen. No. U84-47.

Work certificates not issued to child unless exempted or excused from school.

- Work certificates should not be issued to any child within the school ages unless the child is exempted or excused from attending school. 1945-47 Op. Att'y Gen. p. 123.

RESEARCH REFERENCES

ALR.

- Power of public school authorities to set minimum or maximum age requirements for pupils in absence of specific statutory authority, 78 A.L.R.2d 1021.

Conditions at school as excusing or justifying nonattendance, 9 A.L.R.4th 122.

Validity, construction, and application of statute, regulation, or policy governing home schooling or affecting rights of home-schooled students, 70 A.L.R.5th 169.

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