26.11.170 Failure to Send Children to School

(a) Any parent, guardian or custodian of a child of school age who shall neglect or refuse to send his/her children or any children under his/her care to school in compliance with the standards for school attendance adopted by the school board shall be deemed guilty of a Class [2] two offense.

(b) Documentation that demonstrates that the parents, guardian, or custodian were notified of the threshold limit of unexcused absences and documentation that demonstrates the parents, guardian or custodians failed to comply with remedial measures established by the local school board, shall be prima facie evidence that the parents, guardian, or custodian is in violation of the law and the burden of proof shall be upon the defendant to show the lawful attendance or the excused absences of the child(ren).