Parma School District 137
Friday, September 10, 2010
POLICY #522 SCHOOL ATTENDANCE AND HABITUAL TRUANCY
 
Adapted from
Copyright © by Eberharter-Maki&Tappen, PA
 
The board of trustees of this district recognizes that, because time on task is very important to the education of students, it is necessary to establish and enforce attendance requirements. Students are required to be in attendance at school at least ninety percent (90%) of the time that school is in session during each school term. In enforcing the attendance requirements, the board may deny a promotion to the next grade or deny credit to any student who is not in school at least ninety percent (90%) of the days that school is in session. If a student is determined to be a habitual truant, the board may expel or disenroll the student.
 
CALCULATING ATTENDANCE
 
Absence from class for any reason, including family convenience and school-approved activities, will be counted when the percentage of attendance and consequent eligibility for promotion or credit is being considered. Except in extraordinary circumstances, students are expected to be present at school and in their assigned grade or subject.
 
Extraordinary circumstances may include, but are not limited to, verified illness or medical treatment, death in the family or death of close friends, and medical or dental professional appointments.
 
The school will provide written notice of absences to the student’s parent/guardian not less than quarterly and more frequently if the student’s attendance drops below ninety-five percent 95% and/or the student is at risk of losing credit or promotion, or of being expelled due to habitual truancy.
 
DENIAL OF PROMOTION OR CREDIT
 
Students not meeting the ninety percent (90%) attendance requirements will not receive credit or be promoted even though they may have passing grades. The parent/guardian who has valid reasons to believe that all or part of the absences are the result of extraordinary circumstances may file a written request for review by the building attendance committee. Such request must be made within five (5) days of receiving notice of the denial. The building attendance committee will review the records and the circumstances and determine whether or not the student will receive credit or be promoted. The attendance committee will consist of the building principal, school counselor, and three (3) teachers designated by the principal.
 
The decision of the attendance committee may be appealed to the superintendent. This appeal must be submitted to the superintendent within ten (10) days after the attendance committee submits its decision. The superintendent will render a decision on the appeal within ten (10) days after receiving the appeal.
 
The decision of the Superintendent is final.
 
HABITUAL TRUANT DEFINED
 
A habitual truant means any student who, in the judgment of the board, repeatedly has violated this attendance policy or any child whose parent or guardian has failed or refused to cause the pupil to be instructed as provided by Idaho Code Section 33-202. 
 
If the student does not meet the ninety percent (90%) attendance requirements of this policy and one-half (1/2) or more of all such absences are unexcused, he or she is a habitual truant. Students are truant if their absence from school is unexcused. Unexcused absences are those absences from school without the knowledge and approval of a student’s parent/guardian, and/or school approved activity absences. In order for an absence to be excused, oral or written communication from the student’s parent/guardian must be received within forty-eight (48) hours of the last day of the absence, except for school approved activity absences. 
 
EXPULSION FOR HABITUAL TRUANCY
 
Pursuant to Idaho Code Section 33-205, the board may expel a student because he or she is a habitual truant, as defined in this policy. The procedure for expulsion is set forth in Policy 544 (Student Expulsion/Denial of Enrollment). The student will be allowed to continue to attend classes pending the board’s determination in this matter.
 
DISENROLLMENT FOR HABITUAL TRUANCY
 
The board may disenroll a student who is determined to be a habitual truant, pursuant to the following process:
 
1.     The building administrator will submit a written notice of recommendation for a finding of habitual truancy to the
        superintendent or his/her designee.
 
2.     The student will be allowed to continue to attend classes pending the board’s determination in this matter.
 
3.     A copy of the notice of recommendation, and notice of the opportunity for an informal hearing before the board, will
        be provided to the student’s parent/guardian.
 
4.     The parent/guardian will have an opportunity to appear before the board for an informal hearing. The parent/guardian
        will be given an opportunity to present written or oral information as to why the student should not be disenrolled for
        habitual truancy. The parent/guardian does not have the right to be represented by an attorney, present evidence,
        or cross-examine witnesses.
 
5.     The board will determine whether the student is a habitual truant and should be disenrolled and issue a written
        decision within ten (10) days. The board’s decision is final. If the board determines that the student should be
        disenrolled, the notice will specify that the student will be disenrolled from school effective the date of the board’s
        determination. 
 
6.     The parent/guardian may re-enroll the student at any time and forms for re-enrolling the student will accompany the
        notice sent to the parent/guardian. 
 
NOTICE TO PROSECUTING ATTORNEY
 
A habitually truant student who is between the ages of seven (7) and sixteen (16) years of age comes under the purview of the Juvenile Corrections Act.
 
If the board determined that a student is a habitual truant, whether or not the student is expelled or disenrolled, the board, or its designee, will notify the prosecuting attorney, in writing, in the student’s county of residence, pursuant to Idaho Code Section 33-207. 
 
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LEGAL REFERENCE:
Idaho Code Sections
33-202
33-206
33-207
33-506(1)
 
ADOPTED: January 12, 2004      
 
AMENDED: March 10, 2008