approved by the school administration. Expression of personal points of view shall not interfere with the freedom of others to express themselves or with the educational process.

## Civil Liabilities and Criminal Penalties

The following summaries of laws relate to civil liabilities and criminal penalties for violence or other misbehavior by students on school property or against school employees:

## Attendance and Conduct (Code of Alabama, Section 16-28-12)

The law requires that every child between the ages of 6-17 years shall be required to attend school (§16-28-3, Code of Alabama, 1975). "Each child who is enrolled in a public school shall be subject to the attendance and truancy laws of the State." The law also gives the responsibility for attendance and control of the child to the parent (§ 16-28-12, Code of Alabama, 1975). If the child is truant, there are several actions that can be filed against the parent and/or the child.

## Actions Against Adults:

A. A criminal action can be brought against any 'parent, guardian, or other person having control or charge of any child. . . who fails to have such child enrolled in school or who fails to compel such child to properly conduct himself as a pupil' and they 'shall be guilty of a misdemeanor and, upon conviction, shall be fined not more than $100 and may also be sentenced to hard labor for the county for not more than 90 days . . .'(§16 -28-12, Code of Alabama, 1975). B. It shall be unlawful for any parent, guardian, or other person to willfully aid, encourage, or cause any child to become delinquent, dependent, or in need of supervision or by words, acts, threats, commands, or persuasions, to induce or endeavor to induce, aid, or encourage a child to do or perform any act or to follow any course of conduct which would cause or manifestly tend to cause such child to become or remain delinquent, dependent, or in need of supervision or by the neglect of any lawful duty or in other manner contribute to the delinquency, dependency, or need of a child. Failure on the part of any parent, guardian, or other person having custody of the child to cause such child to attend school as required by compulsory attendance law shall be held to be encouraging, causing, and contributing to the delinquency, dependency, or need of supervision of such child." (§ 12-15-13(a), Code of Alabama, 1975) "Whoever violates this section shall be guilty of a misdemeanor and, upon conviction, shall be fined not more than $500 or sentenced to hard labor for the county for a period not to exceed 12 months or both." (§12-15-13(a), Code of Alabama, 1975) C. Educational neglect: "Dependent child: A child whose parent(s) guardian, or custodian fails, refuses, or neglects to send such child to school in accordance with the terms of the compulsory school attendance laws of this state .. ." (§12-15-1(10)(h), Code of Alabama, 1975)

## Action Against the Alleged Truant Child:

A child is truant if no explanation is provided for absences or the child is absent for reasons other than those recognized as excusable. "In case any child becomes a habitual truant, or because of irregular attendance or misconduct has become a menace to the best interest of the school . . . and the parent . . . files a written statement in court . . . the attendance officer must file a complaint before the judge of the juvenile court . . . whereupon such child must be proceeded against . . . for the purpose of ascertaining whether such a child is a dependent, neglected, or delinquent child." (§16-28-14, Code of Alabama, 1975)