Maryland law requires all children between the ages of 5 and 16 who live in this state to attend 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.  School officials may excuse lawful absences.  

Also, every child must attend kindergarten before entering the first grade. A child may be excused from going to kindergarten if she is in a full time licensed child care center, a full time registered family day care home, or is in a Head Start five year old program part time.

This law is Section 7-301 of the Education Article of the Maryland Code.

Schools are required by law to be open for at least three hours each school day, and must be open for at least 180 days school days and must be open for at least 1,080 school hours during a 10-month period in each school year.  This is set out in Section 7-103 of the Education Article of the Maryland Code.

Lawful Absences

Regulation 13A.08.01.03 of the Maryland State Department of Education says:

Students presently enrolled in public schools are considered lawfully absent from school, including absence for any portion of the day, only under the following conditions:

1. Death in the immediate family. The local school system shall determine what relationships constitute the immediate family.

2. 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.

3. Court summons.

4. Hazardous weather conditions. Hazardous weather conditions shall be interpreted to mean weather conditions which would endanger the health or safety of the student when in transit to and from school.

5. Work approved or sponsored by the school, the local school system, or the State Department of Education, accepted by the local superintendent of schools or the school principal, or their designees as reason for excusing the students.

6. Observance of a religious holiday.

7. State emergency.

8. Suspension.

9. Lack of authorized transportation. This does not include students denied authorized transportation for disciplinary reasons.

10. 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.

Date of last legal review 01/15/08 (PLL/M.A.J.)

This site offers legal information, not legal advice.  We make every effort to ensure the accuracy of the information and to clearly explain your options.  However we do not provide legal advice - the application of the law to your individual circumstances.  For legal advice, you should consult an attorney.  See our section on "Finding A  Lawyer In Maryland." The Maryland State Law Library, a court-related agency of the Maryland Judiciary, sponsors this site. The website was developed (1999-2007) as part of an access to justice initiative by the Maryland Legal Assistance Network (MLAN) in collaboration with a number of legal services providers serving low and moderate income Marylanders. 

This Page is copyrighted Legal Aid Bureau, Inc., 2001-2005.  All rights reserved, subject to the following exception: You are free to copy the information for your own use or for other non-commercial purposes with the following language “Source: People’s Law Library of Maryland – www.peoples-law.org, © Legal Aid Bureau, Inc, 2001- 2005."