Maryland Compulsory School Age and Attendance Law Explained

Maryland's compulsory education law applies to every child in the state between the ages of 5 and 18. If your child is in that age range and not enrolled in a public school, a state-approved private school, or a registered home instruction program, you may be in violation of the Education Article — regardless of your intentions or your child's learning situation.

Understanding exactly what the law requires, and when it applies, is foundational before you withdraw a child from school, start a homeschool cooperative, or launch a learning pod.

The Basic Requirement

Under Maryland Education Article §7-301, attendance is compulsory for children between their fifth and eighteenth birthdays. The law requires enrollment in a public school, an approved nonpublic school (under COMAR 13A.09.09), or a bona fide home instruction program (under COMAR 13A.10.01).

The age range is important for two reasons:

Kindergarten is technically mandatory. Maryland requires school attendance beginning at age 5, which means kindergarten-aged children are subject to the compulsory attendance law. Many parents don't realize this and assume they can delay formal registration until first grade.

The obligation continues through age 18. Unlike some states that end compulsory attendance at 16, Maryland's requirement extends to age 18 or until the student graduates from high school, whichever comes first. High school students who leave public school to join a micro-school pod still need to be in a registered home instruction program or an approved nonpublic school to comply.

What "Attendance" Means Under Maryland Law

For families enrolled in public school, attendance means physically being present for the instructional day. For homeschooling families, attendance takes on a different meaning — it means actively participating in a bona fide home instruction program that provides regular, thorough instruction across Maryland's eight required subjects: English, mathematics, science, social studies, art, music, health, and physical education.

Maryland does not specify a minimum number of hours per day or days per year for home instruction programs (unlike the 180-day mandate that applies to public schools). The standard is substantive and qualitative — "regular, thorough instruction" — which is assessed through portfolio review under Option 1 or umbrella school oversight under Option 2.

The 15-Day Notice Requirement

If you are withdrawing a child from a Maryland public school to begin home instruction, you must file a Notice of Intent with your local school district superintendent at least 15 days before beginning home instruction. This is a firm requirement under COMAR 13A.10.01.03.

The notice must include:

• The child's name, age, and address
• The name of the parent or guardian providing instruction
• The subjects to be covered (referencing the eight required areas)
• The supervision option being selected (Option 1 for local school system review, or Option 2 for umbrella school supervision)

Filing this notice is not optional and it is not negotiable. MSDE's own guidance is clear that failing to file before beginning instruction can trigger truancy proceedings even if the home instruction itself is entirely legitimate. The 15-day requirement gives the school district time to process the withdrawal and update enrollment records.

What Happens If You Don't Comply

Truancy and compulsory attendance enforcement in Maryland is handled at the county level. Each county's school board has the authority to initiate truancy proceedings against families whose children are not accounted for under a recognized educational program.

A child who is not enrolled in a public school, an approved nonpublic school, or a registered home instruction program is legally truant. This can result in:

• A truancy referral to the Department of Social Services
• A court appearance for the parent under Education Article §7-301
• In cases of chronic unresolved truancy, involvement from the Department of Juvenile Services

For families transitioning into home instruction or joining a micro-school cooperative, the gap between withdrawal from public school and the start of registered home instruction is the most vulnerable window. This is why the 15-day notice is filed before you begin — not after.

Enforcement Patterns in Maryland

Enforcement of the compulsory attendance law varies considerably by county. In jurisdictions with large, active homeschool populations — Frederick County, Carroll County, and Anne Arundel County — school districts are generally familiar with the home instruction process and handle transitions routinely. In urban districts, particularly Baltimore City and Prince George's County, truancy enforcement tends to be more aggressive, and parents who withdraw children without proper notification face a higher likelihood of follow-up contact.

Montgomery County, with one of the highest concentrations of homeschooling families in the state, has a generally functional administrative process for home instruction notifications, though families who enroll late or miss the 15-day window sometimes encounter district pushback.

Compulsory Attendance and Your Micro-School

If you are founding or joining a micro-school cooperative in Maryland, the compulsory attendance law applies to every child in your pod. Each family must have their own Notice of Intent on file with their local superintendent. The cooperative arrangement is not a single legal entity that can file once on behalf of all participants — each family operates as an independent home instruction program that chooses to share instructional resources.

This is not a technicality. It is how Maryland's home instruction law is structured, and it affects how you draft parent agreements, how you document attendance at pod sessions, and how you structure your liability framework.

For families navigating a mid-year withdrawal — particularly those leaving public school because of documented issues with the current placement — the 15-day waiting period can feel like an obstacle. Understanding that this period can overlap with beginning transition activities (research, curriculum planning, arranging a pod placement) rather than being a period of complete educational inactivity helps manage the timeline.

The Maryland Micro-School & Pod Kit includes a step-by-step compliance framework covering the Notice of Intent filing process, the 15-day timeline, and the operational documentation every pod family needs from day one — so that every child in your cooperative is legally covered under Maryland's compulsory attendance law before instruction begins.

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