§ 4105. Required attendance upon instruction. 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.