TO: County Superintendents

FROM: Dave Stewart
State Superintendent of Schools

RE: Superintendent Interpretation - State Code 18-2-5c

DATE: August 29, 2000

The purpose of this memorandum is to provide a Superintendent Interpretation for State Code 18-2-5c. This section deals with the birth certificate requirements upon admission to public school and the required notice to the local law enforcement agency of missing children. Please ensure that this notice is forwarded to all county principals for immediate action.

State Code 18-2-5c states that no student shall be admitted for the first time to any public school in this state unless the person enrolling the pupil presents a copy of the pupil's original birth certificate certified by the state registrar of vital statistics confirming the pupil's identity, age, and state file number of the original birth record.

Please note if the original birth certificate cannot be produced, state code provides alternatives. Schools and school districts must honor these alternatives. They are as follows:
(1) the student is to be enrolled with an affidavit completed by the person enrolling the student explaining the inability to produce a certified copy of the birth record (State Code 18-2-5c) (2) any information submitted as proof of the pupil's identity and age and the affidavit needs to be forwarded immediately to the local law enforcement agency, and (State Code 18-2-5c) (3) a student can not be denied an education due to the compulsory attendance law and policy (State Code 18-8-1a) Since a certified birth certificate must be submitted to the school, the affidavit should include a date for the receipt of the certified birth certificate from the parent or the guardian. Please note that principals and their designees are immune from civil or criminal liability in connection with any notice to a local law enforcement agency of a student lacking a birth certificate.