B.  Defenses

C.R.S. § 22-33-104(2)
Compulsory school attendance laws do not apply when a child:
  • Has a temporary illness;
  • Is excused by the school;
  • Is enrolled in an independent or parochial school;
  • Has a physical, emotional or mental disability causing extensive absences;
  • Has been suspended, expelled, or denied admission;
  • Is issued a current age and school certificate or work permit;
  • Is incarcerated;
  • Is in pursuit of a work-study program under the supervision of a public school;
  • Has previously graduated from the twelfth grade;
  • Is undergoing home-school instruction;
  • Is enrolled in a school where the state board of education has approved a lesser number of days of attendance.
People in the Interest of Y.D.M., 197 Colo. 403, 593 P.2d 1356 (1979)
The burden is on the child to prove he or she is excused from compulsory school attendance. The child and his or her parents or custodian possess the unique knowledge to assert the excuse.