Transcript Slide 1

SCHOOL ATTENDANCE
&
THE LAW
Student Attendance - Student
Achievement Connection
 An effective teacher is often cited as the single most important
factor in student achievement but when students are chronically
absent, even the most effective teachers have trouble helping
chronically absent students achieve success.
 Regardless of whether an absence is excused or not, it is a missed
opportunity to learn.
 Enforcing the compulsory school attendance law through truancy
action is required and must continue but we must focus attention
on the attendance – achievement connection.
 The role of attendance officers has always been important but
should become even more important as we focus on the
attendance –achievement connection!
7/21/2015
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PUBLIC EDUCATION IS
FREE IN TENNESSEE!
 No maximum age limit
 The law must be applied equally to any person in
the state
 Undocumented children are required to be
enrolled and educated– Plyler v. Doe
COMPULSORY EDUCATION
IN TENNESSEE - Ages 6-18
 Tenn. Code Ann. §49-6-3001(c)(1) – Every
parent, guardian or other legal custodian
residing within this state having control or
charge of any child or children between the
ages of six (6) and seventeen (17) years, both
inclusive, shall cause such child or children to
attend public or non-public school, and in even
of failure to do so, shall be subject to the
penalties hereinafter provide.
EXCEPTIONS
Tenn. Code Ann. §49-6-3001
 Diploma or certificate of graduation issued
from high school in TN or other state
 Enrolled or making progress in GED program
or has obtained GED
 Parent or guardian has filed notice to conduct
home school with LEA director or director of
church related home school
 1 semester or 1 year deferral if parent feels
child is not ready at 6
EXCUSED FROM COMPULSORY
ATTENDANCE
Tenn. Code Ann. §49-6-3005
 Mentally or physically incapacitated
 17 and local board determines that
continued attendance would result in
detriment to good order and discipline and
to the instruction of other students and is
not of substantial benefit to children
ENROLLMENT
 At what age may children be enrolled in kindergarten?
– Must be (5) years of age on or before August 15 to enter at
the beginning of the term, provided the child enters within
thirty (30) days after the opening day of the term.
– Any child who will not become five (5) years of age until
after December 31 shall not enter school during that school
year; provided, that school systems having semiannual
promotions may admit at the beginning of any semester
children who will become five (5) years of age within sixty
(60) days following the opening of the semester.
– If the director of schools finds through evaluation and
testing, at the request of the parent or legal guardian, that a
child who is five (5) years of age on or before September 30
is sufficiently mature emotionally and academically, then the
child may be permitted to enter kindergarten.
ENROLLMENT
 Children who participate in an LEA-administered Pre-K program,
a Pre-K program administered by a private school as defined by
§ 49-6-3001(c)(3)(A)(iii) or a Head Start program in a Head
Start classroom as defined in 42 U.S.C. § 9832 during the
2012-2013 or 2013-2014 school years may enter kindergarten
in the 2013-2014 or 2014-2015 school years, respectively.
 Must kindergarten students who are under 6 comply with the
compulsory attendance law?
– Yes, after the first 6 weeks of initial enrollment.
ENROLLMENT
 Who may enroll a student?
– Most LEAs have policies requiring a parent or
legal guardian residing in district to enroll
student
– Out of County (or State) resident policy –
tuition
– Custody Issues
POWER OF ATTORNEY FOR
MINOR CHILD ACT
 TCA §34-6-301-310
 TCA §49-6-3001(c)(6) a person designated as a
caregiver with the power of attorney for care of
a minor child shall have the right to enroll the
minor child in the LEA serving the area where
the caregiver resides.
 The LEA may require documentation of the
minor child's residence with a caregiver and/or
documentation or other verification of the
validity of the stated hardship prior to
enrollment.
POWER OF ATTORNEY FOR
MINOR CHILD ACT
 Hardships may include but are not limited to:
– (1) The serious illness or incarceration of a parent or legal
guardian;
– (2) The physical or mental condition of the parent or legal guardian
or the child is such that care and supervision of the child cannot be
provided; or
– (3) The loss or uninhabitability of the child's home as the result of
a natural disaster.
 A local education agency (LEA) is not required to enroll a
student with a power of attorney stating a hardship other
than one of the three specifically stated above. The LEA
may, however, enroll a student with a properly executed
power of attorney for other hardships on a case by case
basis.
POWER OF ATTORNEY FOR
MINOR CHILD ACT
 If the minor child ceases to reside with the caregiver, then
the caregiver shall notify any person, school or health care
provider that has been provided documentation of the
power of attorney for care of a minor child.
 The caregiver shall be assigned the rights, duties and
responsibilities that would otherwise be assigned to the
parent, legal guardian or legal custodian pursuant to this
title.
 If at any time the parent or legal guardian disagrees with
the decision of the caregiver or chooses to make any
educational decisions for the minor child, then the parent
must revoke the power of attorney and provide the LEA
written documentation of the revocation.
ENROLLMENT
 What must students present upon enrollment?
– NO SOCIAL SECURITY # REQUIRED!!
– Federal law prohibits state or local government
agencies from denying an "individual any right,
benefit, or privilege provided by law because of
such individual's refusal to disclose his social
security account number." Sec. 7(a)(1) of the
Privacy Act (found at 5 U.S.C. § 552(a)
– This information is available on the U.S. Dept. of
Justice's website, at:
http://www.usdoj.gov/04foia/1974ssnu.htm.
ENROLLMENT
 What must students present upon enrollment?
– Proof of age
– Documentation of medical examination pursuant to SBE
rule 0520-1-3-.08
– Proof of Immunization pursuant to TCA §49-6-5001
• Exception for written statement from doctor
• Written statement from parent or guardian stating
conflict with religious tenets and practices
• EXCEPTION FOR HOMELESS!
ENROLLMENT OF HOMELESS
 McKinney-Vento Homeless Education Assistance
Improvements Act of 2001
 Definition of homeless children and youths means
individuals who lack a fixed, regular, and
adequate nighttime residence and includes —
 (i) children and youths who are sharing the
housing of other persons due to loss of housing,
economic hardship, or a similar reason; are living
in motels, hotels, trailer parks, or camping
grounds due to the lack of alternative adequate
accommodations; are living in emergency or
transitional shelters; are abandoned in hospitals;
or are awaiting foster care placement;
ENROLLMENT OF HOMELESS
 (ii) children and youths who have a primary
nighttime residence that is a public or private
place not designed for or ordinarily used as a
regular sleeping accommodation for human beings
 (iii) children and youths who are living in cars,
parks, public spaces, abandoned buildings,
substandard housing, bus or train stations, or
similar settings; and
 (iv) migratory children who qualify as homeless for
the purposes of this subtitle because the children
are living in circumstances described in clauses (i)
through (iii).
ENROLLMENT OF HOMELESS
 Law requires strategies to address problems resulting from
enrollment delays that are caused by —
 (i) immunization and medical records requirements;
 (ii) residency requirements;
 (iii) lack of birth certificates, school records, or other
documentation;
 (iv) guardianship issues; or
 (v) uniform or dress code requirements.
 State and Local educational agencies must develop, and
shall review and revise, policies to remove barriers to the
enrollment and retention of homeless children and youths
in schools.
IMMIGRANTS
 If it is difficult to ascertain where they
are from, you must enroll them even
if they appear to be here illegally.
Illegal alien students are protected by
the equal protection clause and
cannot be denied access to the public
schools. Plyler v. Doe, 457 U.S. 202
(1982)
LICENSED RESIDENTIAL MENTAL
HEALTH FACILITIES
 LEAs must allocate funding in an amount equal to the per pupil state and
local funds received by the LEA to state licensed residential mental health
facilities on a prorated daily basis for the student's length of stay when:
 The facility operates as a Category I special purpose school and provides a
minimum of sixteen and one half (16 1/2) hours per week of educational
instructional services;
 The student admitted to the residential mental health facility was enrolled
in an LEA in the academic year immediately preceding admission to the
mental health facility and is a currently enrolled student in an LEA; and
 The student is admitted to the residential mental health facility under a
signed, written order of a qualified physician licensed to practice medicine
in this state, such order being based upon medical necessity. An LEA may
require a physician attestation form including the patient's name, the dates
of admission, and the signature of the physician to be submitted to the LEA
prior to disbursement of funds to the facility.
AUTHORITY TO ESTABLISH
MIMIMUM ATTENDANCE
 Tenn. Code Ann. §49-2-203(b)(7)
 LEAs have broad discretion to establish
standards and policies governing student
attendance
 Includes authority to determine what is an
excused vs. unexcused absence
 Unexcused absence could include a certain
number of unexcused tardies or check outs
AUTHORITY TO ESTABLISH
MIMIMUM ATTENDANCE
 Tenn. Code Ann. §49-6-3002(a)
– Attendance policies shall be firm but fair so that each
student has a reasonable opportunity to meet minimum
requirements
– Effective accounting and reporting procedures to keep
parents /guardians informed of student’s absence
– Policies shall accommodate extenuating circumstances
created by emergencies
– Appeal procedures to assure student’s rights of due
process
– Alternative programs shall be established to provide
educational options for any student who severely fails
to meet minimum attendance requirements
ATTENDANCE ENFORCEMENT FOR
STUDENTS OVER 18
 When a student turns 18, who signs them
out and who signs report cards?
 Can parents have access to records?
 Can they leave campus anytime?
STUDENTS OVER 18
 There is not an age-out rule in TN.
 Regardless of age, there is a duty to
educate
 Broad discretion in assignment, but cannot
deny a child from education based on age
alone
MARRIED STUDENTS
 OAG 96-064: Complete emancipation
relieves a minor of compulsory school
attendance requirements.
 OAG 02-100: Emancipation by marriage
relieves obligation of compulsory
attendance
 Emancipation procedures are found at
Tenn. Code Ann. §29-31-101 et. seq.
ENFORCEMENT AND TRUANCY
 Tenn. Code Ann. §49-6-3006 through 3007
 Principals or teachers must report withdrawals
and unexcused absences of more than 5 days to
director or designee (and each successive 5
days)
 Director serves written notice to parent after 5
days
 After 3 days of noncompliance director must
notify law enforcement
 After notice to parents, habitually and unlawfully
absent students shall be reported to appropriate
judge.
SUSPENSION, EXPULSION &
REMAND
 If a student is expelled from another system must
other LEAs enroll the student?
 When may an LEA refuse to enroll an expelled
student in state custody?
 OAG Opinion #03-105 – LEA may not refuse to
enroll a child in DCS custody if the child has been
suspended or expelled from another LEA,
unless…zero tolerance offense outlined in Tenn.
Code Ann. §49-6-3401(g)
– DOES NOT APPLY TO SPECIAL ED STUDENTS!
SUSPENSION, EXPULSION &
REMAND
 How long may a student be expelled?
 Suspended students ARE NOT to be
counted as truant because you know
where they are.
DRIVER’S LICENSE
 When does a student lose his/her driver’s license for failure
to attend school?
 TCA §49-6-3017. DOS shall deny a license or instruction
permit to any person under eighteen (18) years of age who
does not at the time of application for a driver license
present a diploma or other certificate of graduation issued
to the person from a secondary high school of this state or
any other state, or documentation that the person is:
 (1) Enrolled and making satisfactory progress in a course
leading to a general educational development certificate
(GED) from a state-approved institution or organization, or
has obtained such certificate;
 (2) Enrolled and making satisfactory academic progress in a
secondary school of this state or any other state; or
 (3) Excused from such requirement due to circumstances
beyond the applicant's control.
PC 757 of 2014
 Establishes provisions governing the school assignment
regarding juveniles adjudicated delinquent as a result of
certain serious offences
 Court shall have broad discretion to issue orders and, in
conjunction with representatives from the LEA, to change
the educational assignment of the juvenile
 There shall be a presumption in favor of issuing a court
order prohibiting the juvenile from attending the same
educational placement as the victim
 LEA shall provide a list of alternatives to attendance at the
school which is attended by the victim. This information
shall include the availability of programs including another
school assignment within the district, alternative school,
virtual education, homebound instruction, adult education
programs, and high school equivalency testing eligibility