Skip To Main Content
Lodi Unified School District

Policy 5112.1 - Exemptions from Attendance

Series: 5000 - Students

Policy: 5112.1 - Exemptions from Attendance

Adopted: 05/11/1967

Last Revised: 09/21/2004

Download Policy 5112.1 - Exemptions from Attendance PDF (English)

Download Rule 5112.1 - Exemptions from Attendance PDF (English)

Exemptions from Attendance

Each child between the ages of 6 and 18 shall be subject to compulsory full-time education.

However, the Board of Education may grant exemptions from compulsory attendance to a student as allowed by law and in the best interest of the student. Exemptions shall not be used to remove a student who is a disciplinary problem.

(cf. 1621 Home Based Schooling)
(cf. 5111-Admission)
(cf. 5112.2 – Exclusions from Attendance)
(cf. 5112.3 – Student Leave of Absence)
(cf. 5113.2 – Work Permits)
(cf. 5144 – Discipline)
(cf. 5144.1 – Suspension and Expulsion/Due Process)
(cf. 6158 – Independent Student)
(cf. 6183 – Home and Hospital Instruction)

Legal References

Education Code
35190 Affidavit by persons conducting private school instruction
46113 Minimum school day for grades four through eight
48200-48341 Compulsory education law
48400-48454 Compulsory education law
48800.5 Petition for enrollment as special full-time student
 
Labor Code
1295.5 Employment of minors; performance of sports-attending services
1390-1399 Employment of minors
 
United States Code, Title 20
1681-1688 Title IX, Discrimination
 
United States Code, Title 29
794 Section 504 of the Rehabilitation Act of 1973
 
Code of Federal Regulations, Title 34
106.40 Marital or parental status
 
Court Decisions
Thomas v. Atascadero Unified School District (1987) 662F.Supp.342

Rule 5112.1

Approved: 03/06/1979

Last Revised: 05/16/2017

Exemptions from Regular Education Program

A student may be exempted from full-time attendance in the district’s regular education program if he/she:

  1. Is being instructed in private full-time school and the district attendance supervisor or designee verifies that the private school has filed an affidavit pursuant to Education Code 33190.
  2. Is being instructed by a private tutor who holds a valid state credential for the grade taught, provided that the instruction consists of study and recitation for at least three hours a day for 175 days of each calendar year.
  3. Holds a work permit to work temporarily in the entertainment or allied industry.
  4. Holds a work permit and attends part-time classes.
  5. Is between the ages of 12 and 18 and enters a school attendance area from another state within 10 days of the end of the school term, with the exemption applicable for the remainder of the term.
  6. Is at least 15 years old and is taking a leave of absence for up to one semester for the purpose of supervised travel, study, training or work not available to the student under another educational option.
  7. Attends a community college as a special full-time student on the grounds that he/she would benefit from advanced scholastic or vocational work. Exemptions from Continuation Education All students age 16 or 17 who are not attending full-time day school are required to attend continuation school, unless they are exempt as provided below.

A student who would otherwise be subject to compulsory education pursuant to Education Code 48400 or 48402 may be exempted if he/she:

  1. Has graduated from a public or private high school maintaining a four-year course above the eighth grade or has had an equal amount of education in a private school or from a private tutor. In the case of a private school, the exemption shall be granted only if the Superintendent or designee has verified that the private school has filed an affidavit pursuant to education Code 33190.
  2. Has successfully demonstrated proficiency equal to or greater than standards established by the California Department of Education and has verified approval submitted by his/her parent/guardian.
  3. Is attending a public or private full-time day school, or satisfactory part-time classes maintained by other agencies.
  4. Is attending adult school for not less than four hours per week.
  5. Is attending a regional occupation program or center pursuant to Education Code 48432.
  6. Is disqualified because of his/her physical or mental condition or because of personal services that must be rendered to his/her dependents.
  7. Is between the ages of 12 and 18 and enters a school attendance area from another state within 10 days of the end of the school term, with the exemption applicable for the remainder of the term pursuant to Education Code 48231.

In addition, a student who is between the ages of 16 and 18 may be exempted from continuation education if he/she is taking a leave of absence for up to two semesters for the purpose of supervised travel, study, training, or work not available to the student under another educational option.