Section 4105. Required attendance upon instruction  


Latest version.
  • 1. Every Indian child
      between six and sixteen years of age,  in  proper  physical  and  mental
      condition to attend school, shall regularly attend upon instruction at a
      school  in  which  at  least  the  common  school  branches  of reading,
      spelling, writing, arithmetic, English grammar and geography are  taught
      in  English,  or  upon  equivalent  instruction  by  a competent teacher
      elsewhere than at such school as follows:  Every  Indian  child  between
      fourteen  and sixteen years of age not regularly and lawfully engaged in
      any useful employment or service, and every such child between  six  and
      fourteen  years  of  age,  shall so attend upon instruction as many days
      annually during the period between the first days of September  and  the
      following  July  as  a public school of the community or district of the
      reservation, in which such child resides, shall be in session during the
      same period.
        2. If any such child shall so attend upon instruction  elsewhere  than
      at  the  public school, such instruction shall be at least equivalent to
      the instruction given to Indian children of like age at a school of  the
      community  or  district  in  which  such  child  shall  reside; and such
      attendance shall be for at least as many hours of each day  thereof,  as
      are  required  of  children of like age at public schools and no greater
      total amount of holidays and  vacations  shall  be  deducted  from  such
      attendance during the period such attendance is required than is allowed
      in  public  schools  for  children of like age. Occasional absences from
      such attendance not amounting to irregular attendance in a fair  meaning
      of the term, shall be allowed upon such excuses only as would be allowed
      in like cases by the general rules and practices of public schools.
        3.  Transportation shall be provided for Indian children who live more
      than a mile from the elementary and high schools they  attend,  and  the
      commissioner  of education is hereby empowered to make provision for the
      cost of the same as a part of the care and education of Indian children.