Board Policy #S-5113

New Haven Unified School District
STUDENT POLICIES

ABSENCES AND EXCUSES

The Governing Board believes that regular attendance plays a key role in the success a student achieves in school. The Board recognizes its responsibility under the law to ensure that students attend school regularly. Parents/guardians of children aged six to 18 are obligated to send their children to school unless otherwise provided by law. The Board shall abide by all state attendance laws and may use any legal means to correct the problems of excessive absence or truancy.

(cf. 5112.1 Exemptions from Attendance)
(cf. 5112.2 Exclusions from Attendance)
(cf. 5121 Grades/Evaluation of Student Achievement)

In addition, the Superintendent or designee shall cooperate with other agencies within the community to meet the needs of students who have serious school attendance or behavior problems and to maintain a continuing inventory of community resources, including alternative programs.

(cf. 1020 – Youth Services)
(cf. 1400 – Relations Between Other Governmental Agencies and the Schools)

Habitually truant students may be referred to a school attendance review board, a truancy mediation program operated by the county’s district attorney or probation officer, and/or juvenile court in accordance with law.
Under California’s welfare system (Welfare and Institutions Code 11253.5), a county CalWORKS office is required to reduce a family’s welfare grant if it is determined that a child is not “regularly attending school as required.”
For purposes of California’s welfare system (CalWORKS), a student shall be determined to be regularly attending school unless he/she has been referred to the county district attorney or probation office pursuant to Education Code 48263.

Excused Absences
Absence from school shall be excused only for health reasons, family emergencies and justifiable personal reasons, as permitted by law, Board policy and administration regulations. (Education Code 46010, 46010.5, 48205)

(cf. 6154 Homework/Makeup Work)

At the beginning of each academic year, notifications shall be sent to the parents/guardians of all students and to all students in grades seven through 12, informing them that school authorities may excuse any student from school to obtain confidential medical services with without the consent of the student's parent/guardian. (Education Code 46010.1)

(cf. 5145.6 Notifications Required by Law)

Students should not be absent from school without their parents/guardians' knowledge or consent, with the following exceptions:
1. In cases of medical emergency, or
2. In cases of confidential medical appointment.

Insofar as class participation is an integral part of our students' learning experiences, parents/guardians and students shall be asked to schedule medical appointments during nonschool hours. Students shall be excused from school for medical purposes only in emergency situations or when the physician verifies that the appointment can be held only during school hours.

Student absence for religious instruction or participation in religious exercises away from school property may be considered excused subject to administrative regulations and law. (Education Code 46014)

Unexcused Absences/Truancy
The Board is committed to keeping students in school. The Superintendent or designee shall implement whatever steps he/she deems appropriate to achieve this end, including the use of attendance review boards and/or study teams.

(cf. 5147 Dropout Prevention)
(cf. 6164.5 Student Study Teams)
(cf. 6176 Weekend/Saturday Classes)

The district participates in the county School Attendance Review Board as allowed by law in order to meet the special needs of students with school attendance or school behavior problems. (Education Code 48320-48324)

When the student's attendance problems cannot be resolved or the student and parent/guardian have failed to respond to the district directives to correct the problem, a student who has been classified as truant may be referred to the district attorney or probation officer for truancy mediation. (Education Code 48260.6, 48263.5)

Upon determining that the student's attendance problems cannot be resolved or that the student and parent/guardian have failed to respond to directives to correct the problem, the School Attendance Review Board may ask the County Superintendent of Schools to request juvenile court petition on behalf of the student. (Education Code 48263)

The Superintendent or designee shall gather the information necessary to comply with Education Code 48273 relating to truants. The Superintendent or designee shall gather and transmit to the County Superintendent of Schools the number of referrals and types of referrals made to the school attendance review board and the number of requests for petitions made to the juvenile court. (Education Code 48273)

Legal Reference:

EDUCATION CODE
1740 Employment of personnel to supervise attendance (county superintendent)
2550.3 Attendance report by county superintendent)
2550.4 Request for one-time base revenue limit adjustment
37201 School month
37223 Weekend classes
41601 Reports of average daily attendance
42238.7 Attendance report by governing board
42238.8 Request for one-time base revenue limit adjustment
45194 Bereavement leave
46000 Records (attendance)
46010-46015 Absences
46100-46118 Attendance in kindergarten and elementary schools
46140-46147 Attendance in junior high and high schools
48200 Children between ages of 6 and 18 years (compulsory full-time attendance)
48205 Absence for justifiable personal reasons
48240-48246 Supervisors of attendance
48260-48273 Truants
48292 Filing complaint against parent
48320-48324 School Attendance Review Boards
48340-48342.5 Improvement of pupil attendance
49067 Unexcused absences as cause of failing grade

CIVIL CODE
25.9 Mental health treatment or counseling services; consent to outpatient treatment by minor over 12; liability of parents or legal guardian
34.5 Minors; contracts not disaffirmable; pregnancy care
34.7 Minors; diagnosis or treatment of communicable or sexually transmitted diseases; consent not disaffirmable
34.8 Minors; medical treatment for rape; consent not disaffirmable
34.9 Minors; sexually assaulted; consent to diagnosis; treatment and collection of evidence; not disaffirmable; contact with parent, parents or guardian
34.10 Minors; 12 years of age or older; consent to medical care and counseling; not disaffirmable; liability of parent, parents or guardian for care

VEHICLE CODE
13202.7 Driving privileges; minors; suspension or delay for habitual truancy

WELFARE AND INSTITUTIONS CODE
601-601.4 Habitually truant minors
11253.5 Compulsory school attendance

CODE OF REGULATIONS, TITLE 5
306 Explanation of absence
420 et seq.Record of verification of absence due to illness and other causes

ATTORNEY GENERAL OPINIONS
66 OPS CAL. ATTY. GEN. 245, 249 (1983)

Management Resources:

CDE MANAGEMENT ADVISORIES
0114.98 School Attendance and CalWORKS, Management Bulletin 98-01

CDE PUBLICATIONS
School Attendance Review Board Handbook, 1995

CSBA ADVISORIES
0520.97 Welfare Reform and Requirements for School Attendance

WEB SITES
CDE: http://www.cde.ca.gov
CSBA: http://www.csba.org

First Reading
February 1, 1994
July 18, 2006
September 4, 2012

Second Reading
March 1, 1994
August 15, 2006
September 18, 2012

Administrative Regulation for Board Policy #S-5113