16-28-15
Section 16-28-15 Absence must be explained. Every parent, guardian, or other person having
control or charge of any child required to attend public school, private school, or
church school, shall as soon as practical explain the cause of any absence of the child under
his control or charge which was without permission of the teacher, and a failure to furnish
such explanation shall be admissible as evidence of such child being a truant with the consent
and connivance of the person in control or charge of said child, unless such person can show
to the reasonable satisfaction of the court that he had no knowledge of such absence and that
he has been diligent in his efforts to secure the attendance of such child. (School Code 1927,
§308; Code 1940, T. 52, §305; Acts 1982, No. 82-218, p. 260, §7.)...
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16-28-13
Section 16-28-13 Burden of proof on person in loco parentis. No parent, guardian or other person
having control or charge of any child shall be convicted for failure to have said child enrolled
in school or for failure to send a child to school or for failure to require such child to
regularly attend such school or tutor, or for failure to compel such child to properly
conduct himself as a pupil, if such parent, guardian or other person having control or charge
of such child can establish to the reasonable satisfaction of the court the following: (1)
That the principal teacher in charge of said school which he attends or should attend or the
tutor who instructs or should instruct said child gave permission for the child to
be absent; or (2) That such parent, guardian or other person is unable to provide necessary
books and clothes in order that the child may attend school in compliance with law, and that
such parent, guardian or other person had prior to the opening of the school, or...
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16-28-17
Section 16-28-17 When child may be taken into custody. It shall be the duty of the attendance
officer, probation officer or other officer authorized to execute writs of arrest to take
into custody without warrant any child required to attend school or be instructed by a private
tutor who is found away from home and not in the custody of the person having charge
or control of such child during school hours and who has been reported by any person authorized
to begin proceedings or prosecutions under the provisions of this article as a truant. Such
child shall forthwith be delivered to the person having charge or control of said child or
to the principal teacher of the school or the private tutor from whom said child
is a truant. If such child is an habitual truant, he shall be brought before the juvenile
court for such disposition as the judge of said court finds proper from the facts. (School
Code 1927, §315; Code 1940, T. 52, §312.)...
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16-28-12
16-28-12 Person in loco parentis responsible for child's school attendance and behavior; noncompliance;
local boards to promulgate written behavior policy, contents, annual distribution, receipt
to be documented; school officials required to report noncompliance; failure to report suspected
violation; district attorneys vigorously to enforce provisions. (a) Each parent, guardian,
or other person having control or custody of any child required to attend school or receive
regular instruction by a private tutor who fails to have the child enrolled
in school or who fails to send the child to school, or have him or her instructed by a private
tutor during the time the child is required to attend a public school, private
school, church school, denominational school, or parochial school, or be instructed by a private
tutor, or fails to require the child to regularly attend the school or tutor,
or fails to compel the child to properly conduct himself or herself as a pupil in any public
school...
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16-28-7
Section 16-28-7 Report of enrollment. At the end of the fifth day from the opening of the public
school, the principal teacher of each public school, private school, and each private
tutor, but not church school, shall report on forms prescribed by the State Superintendent
of Education to the county superintendent of education, in the event the school is operated
in territory under the control and supervision of the county board of education, or to the
city superintendent of schools, in the event the school is operated in territory under the
control and supervision of a city board of education, the names and addresses of all children
of mandatory school attendance age who have enrolled in such schools; and thereafter, throughout
the compulsory attendance period, the principal teacher of each school and private
tutor shall report at least weekly the names and addresses of all children of mandatory
school attendance age who enroll in the school or who, having enrolled, were absent...
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16-28-2
Section 16-28-2 Purposes of article. The purposes of this article are to secure the prompt
and regular attendance of pupils and to secure their proper conduct, and to hold the parent,
guardian or other person in charge or control of a child responsible and liable for such child's
nonattendance and improper conduct as a pupil, and to effect these purposes the chapter shall
be liberally construed and the courts and those charged with the enforcement of its provisions
are vested with a wide discretion in its administration. (School Code 1927, §321; Code 1940,
T. 52, §317.)...
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16-28-21
Section 16-28-21 Juvenile court jurisdiction. The juvenile court of the county shall have original
and exclusive jurisdiction of all prosecutions or proceedings arising under the provisions
of this article against or concerning any parent, guardian or other person having charge or
control of a child, or against or concerning any child or other person for the purpose of
enforcing the provisions of this article and effecting its objects, and all provisions of
Chapter 15 of Title 12 shall apply to prosecutions or proceedings arising under the provisions
and terms of this article. (School Code 1927, §320; Code 1940, T. 52, §316.)...
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16-28-16
Section 16-28-16 Cases of nonenrollment and nonattendance; withdrawal of enrollment. (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...

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6-5-147
Section 6-5-147 Closing place pending final decision - Order. (a) If on the hearing for a preliminary
injunction it shall appear that the person owning, in control, or in charge of the nuisance
so enjoined has received five days' notice of the hearing, then, unless such person shall
show to the satisfaction of the court or judge that the nuisance complained of has been abated,
the court or judge shall issue an order closing the place against its use for any purpose
until final decision shall be entered on the application for a permanent injunction. (b) Such
order shall also continue in effect for such further period the temporary restraining order
provided in Section 6-5-145 if already issued or, if not issued, shall include such an order
restraining for such period the removal or interference with the personal property and contents
located thereat or therein as provided, and such restraining order shall be served and the
inventory of such property shall be made and filed as provided...
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21-1-13
Section 21-1-13 Prosecutions for failure of minors to attend school. Prosecution under Sections
21-1-10 through 21-1-12 and Section 16-28-12 may be begun by the county superintendent of
education, the attendance officer, the director of the Department of Human Resources, or the
president of the Alabama Institute for Deaf and Blind, and it shall be the duty of the district
attorney or county solicitor in whose circuit or county such offending parent, guardian, or
other person having control of such derelict child may reside to prosecute the case. (Acts
1931, No. 61, p. 125; Code 1940, T. 52, §532.)...
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