Policy 3040 - Compulsory Attendance

Compulsory Attendance
Parents or guardians of any child resident in this state who has attained the age of seven but not 16 years, and who are not otherwise privately instructed, shall enroll the student in a public school or public charter school, including an online or virtual charter school or private or parochial school during a period in each year equal to that in which the public schools are in session. Parents and students shall conform to the attendance policies and regulations established by the Board.

Whenever it is determined by the Board or the Board’s designee under the provisions of due process of law that the parents or guardians of any child who is not enrolled in the public schools are failing to meet the requirements of Idaho Code § 33-202, an authorized representative of the Board shall notify in writing the prosecuting attorney in the county of the pupil’s residence and recommend that a petition shall be filed in the magistrates division of the District Court of the county of the pupil’s residence, in such form as the court may require under the provisions of Idaho Code § 20-510.

Legal References:
Id. Const. art. IX, § 9 Compulsory Attendance at School
I.C. § 33-201 Attendance at Schools - School Age
I.C. § 33-202 Attendance at Schools - School Attendance Compulsory
I.C. § 33-207 Attendance at Schools - Proceedings against Parents or Guardians

Policy History
Adopted on: June 14, 2021
Revised on:
Reviewed on: