Topics on this page

• Who must attend school?
• Kindergarten
• Mental, Emotional, or Physical Handicap
• Exceptions
• What will happen if I don’t send my child to school?
• What is a lawful absence?
• How long does my student need to go to school each year?

 

Who must attend school?

Maryland law requires all children between the ages of 5 and 18, who live in Maryland, attend school.

Read the Law: Md. Code, Education § 7–301

 

Kindergarten:

Every child must attend kindergarten before entering the first grade.

Exemption:  A child may be exempted from attending kindergarten if the child is enrolled: 

• full-time in a licensed child care center, 
• full-time in a registered family child care center, or 
• part-time in a Head Start 5 year old program. 

The parent or guardian must file a written request with the local school system and verify that the child is enrolled.
 

Delay: Kindergarten may be delayed for 1 year if the child’s parent or guardian files a written request with the local school system asking for a delay due to the child’s level of maturity.

Read the Law: Md. Code, Education § 7–301

 

Mental, Emotional, or Physical Handicap

A child who has a mental, emotional, or physical handicap must attend school UNLESS:

1. the child's condition makes attending school harmful to the child’s development, or
2. the child may cause serious physical harm to others.

With the advice of school officials, and with the written recommendation of a licensed doctor or a State Department of Education certified or licensed psychologist, the county superintendent may provide other free education or permit the child to be withdrawn from school. Withdrawal of the student is only permissible if the above conditions exist.  If a child is withdrawn from school, the county board must make provisions for the education of the child.

Read the Law: Md. Code, Education § 7–301

 

Exceptions

Every child under 18 years of age must attend school unless the child:

• has a high school diploma or GED;
• has a disability and has completed requirements for a Maryland high school certificate of completion;
• is receiving regular, thorough instruction during the school year in the studies usually taught in the public schools to children of the same age (homeschool, nonpublic school);
• has completed receiving regular, thorough instruction during the school year in the studies usually taught in the public schools to children of the same age;
• is severely ill and requires home or hospital instruction;
• is married;
• is in military service;
• is committed by court order to an institution without an educational program;
• provides financial support to the child’s family as documented by a local department of social services;
• has been expelled
• is pregnant or a parent and is enrolled in an alternative educational program;
• attends an alternative educational program;
• attends a public school on a part–time basis and attends a private career school, with guardian and school official consent; or
• received a waiver by the State Superintendent.

Read the Law: Md. Code, Education § 7–301

 

What will happen if I don’t send my child to school?

Whoever has custody or "care and control" of the child is responsible for seeing that the child attends school. If they do not, they could be fined or jailed.  Learn about truancy in Maryland. 

Read the Law: Md. Code, Education § 7–301

 

What is a lawful absence?

School officials may excuse lawful absences. Maryland law provides for the following reasons for a lawful absence.

• Death in the immediate family: The local school system shall determine what relationships constitute the immediate family.
• Illness of the student: The principal or a pupil personnel worker shall require a physician's certificate from the parent or guardians of a student reported continuously absent for illness.
• Pregnancy and parenting related conditions: The local school system shall determine conditions for lawful absence due to:
  • Labor, delivery, recovery and prenatal and postnatal medical appointments,
  • Illness or a medical appointment of the student’s child, and
  • A legal appointment involving the pregnant or parenting student related to family law proceedings, including adoption, custody and visitation
• Court summons.
• Hazardous weather conditions: Weather conditions that would endanger the health or safety of the student when in transit to and from school.
• Work: Must be approved or sponsored by the school, the local school system, or the State Department of Education, accepted by school officials as reason for excusing the student.
• Observance of a religious holiday.
• State emergency.
• Suspension.
• Lack of authorized transportation: This does not include students denied authorized transportation for disciplinary reasons.
• Other emergency or set of circumstances which, in the judgment of the superintendent or designee, constitutes a good and sufficient cause for absence from school.

Read the regulation: COMAR 13A.08.01.03

Each local school system must develop a student attendance policy, and each individual school district may include specific criteria for unlawful absences in the attendance policies. Make sure to check your school system’s policies. 

 

How long does my student need to go to school each year?

Schools are required by law to be open for at least 180 days school days, and a minimum of 1,080 school hours during a 10-month period in each school year.  Schools must be open for a minimum of 3 hours during each school day.

The local board of education will set the start and end dates for public schools in the county. Check your school system's website for calendars and more information.

Read the law: Md. Code, Education § 7-103