In the Interest of J.E.S.

Child-appellant J.E.S. appeals the district court’s ruling that the 1990 amendment to section 22-33-108(7), 9 C.R.S. (1990 Supp.), of the School Attendance Law of 1963, which precludes a court from incarcerating a child for contempt of a court order to attend school, is unconstitutional. We affirm. 1

I

On January 10, 1989, the attendance officer of School District No. 11 petitioned the Juvenile Division of the El Paso County District Court for an order to compel the then thirteen-year-old J.E.S. to attend school in accordance with the compulsory School Attendance Law of 1963, §§ 22-33-101 to…