(a) As used in this subpart, the terms “parent” and “parent or guardian” shall mean a biological parent, legal guardian, custodian, or other person with legal authority to act on behalf of a child.

(b) Each child in this state shall be required to attend a public school, a private school, or a home study program between his or her sixth and sixteenth birthdays. Such compulsory attendance shall not apply to any child who has successfully completed all requirements for a high school diploma or state approved high school equivalency (HSE) diploma.

(c)(1) Every parent or guardian of any child or children during the ages of compulsory attendance provided for in subsection (b) 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 such 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 such child’s failure to enroll and attend is caused by his or her parent or guardian, in which case such parent or guardian alone shall be responsible.

(2)(A) The requirements of this subsection shall apply to each child during the ages of compulsory attendance provided for in subsection (b) of this Code section who has been assigned by a local board of education or its delegate to attend an alternative education program established by such local board of education, including an alternative education 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 such local board of education or its delegate, and to the parent or guardian.

(B) Nothing in this paragraph shall be construed to require a local board of education or its delegate to assign a child to attend an alternative education program rather than suspending or expelling the child.

(3) The compulsory attendance provided for in subsection (b) of this Code section shall not apply for any school day, or any portion of a school day, that a student misses due to an exemption, as provided for in Code Section 20-2-693; an excused absence, as provided for in Code Sections 20-2-692.1 and 20-2-692.4; or any reason provided for in Code Sections 20-2-692, 20-2-692.2, and 20-2-692.3.

(4) No student shall be expelled from a public school in this state due solely to such student’s absences from school.

(d)(1) Any parent or guardian 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 Code section after the child’s school system notifies the parent or guardian of five unexcused days of absence for a child shall constitute a separate offense.

(2) After two reasonable attempts to notify the parent or guardian of five unexcused days of absence without response, the school system shall send a notice to such parent or guardian by certified mail, return receipt requested, or first-class mail.

(3) Prior to any action to commence judicial proceedings to impose a penalty for violating this subsection on a parent or guardian, a school system shall send a notice to such parent or guardian by certified mail, return receipt requested.

(4) Public schools shall provide to the parent or guardian 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 or guardians. The parent or guardian 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 or guardian 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.

(e) 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.

(f)(1) An unemancipated minor who is older than the age of compulsory attendance as provided for in subsection (b) of this Code section who has not completed all requirements for a high school diploma or a state approved high school equivalency (HSE) diploma who wishes to withdraw from school shall not be permitted to withdraw from school without written permission of his or her parent or guardian prior to such withdrawal. Prior to accepting such permission, the school principal or designee shall convene a conference with the child and parent or 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 information provided by the Department of Education as required in paragraph (2) of this subsection.

(2) Each local board of education shall adopt a policy on the process of voluntary withdrawal of unemancipated minors who are older than the age of compulsory attendance as provide for in subsection (b) of this Code section. Such 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 model form shall include information relating to the opportunity to pursue a state approved high school equivalency (HSE) 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. Such model form shall also include information regarding potential loss of eligibility for accommodations, specialized instruction, and other services pursuant to the federal Individuals with Disabilities Education Act, 20 U.S.C.A. Section 1400, et seq., and Section 504 of the federal Rehabilitation Act of 1973, 29 U.S.C.A. Section 701, et seq. Each local school superintendent shall provide such model forms and information to all of its principals of schools serving grades six through twelve for the principals to use during the conference with the child and parent or guardian required in paragraph (1) of this subsection.