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2006 LAWS OF MARYLAND
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Ch. 449
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(2) Any person who has legal custody or care and control of a child who is
5 years old or older and under 16 who fails to see that the child attends school or
receives instruction under this section is guilty of a misdemeanor and:
(i) For a first conviction is subject to a fine not to exceed $50 per
day of unlawful absence or imprisonment not to exceed 10 days, or both; and
(ii) For a second or subsequent conviction is subject to a fine not to
exceed $100 per day of unlawful absence or imprisonment not to exceed 30 days, or
both.
(3) As to any sentence imposed under this section, the court may
suspend the fine or the prison sentence and establish terms and conditions which
would promote the child's attendance. The suspension authority provided for in this
subsection is in addition to and not in limitation of the suspension authority under §
6-221 of the Criminal Procedure Article.
(e-1) (1) This subsection applies only in Dorchester County, Somerset County,
Wicomico County, and Worcester County.
(2) A charge under this section may be filed in the juvenile court and
assigned to a truancy docket for disposition under Title 3, Subtitle 8C of the Courts
Article.
(3) For a person with legal custody or care and control of a child at the
time of an alleged violation of this section, it is an affirmative defense to a charge
under this section that the person made reasonable and substantial efforts to see that
the child attended school as required by law but was unable to cause the child to
attend school.
(4) If the court finds the affirmative defense is valid, the court shall
dismiss the charge under this section against the defendant.
(f) A child may be exempted from attending kindergarten if a parent or
guardian of the child files a written request with the local school system and verifies
that the child is enrolled:
(1) Full-time in a licensed child-care center;
(2) Full-time in a registered family day-care home; or
(3) Part-time in a Head Start 5 year old program.
(g) Kindergarten programs are not subject to the requirements of § 7-103(a) of
this title relating to minimum days or hours of operation.
SECTION 2. AND BE IT FURTHER ENACTED, That:
(a) The State Board of Education, in conjunction with the Baltimore City
Board of School Commissioners, shall study over a 3-year period whether an
increased age range for compulsory public school attendance in Baltimore City:
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- 2318 -
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