CHRISTY BALLARD GENERAL COUNSEL [email protected]

CHRISTY BALLARDGENERAL [email protected]

SCHOOL ATTENDANCE

AND THE LAW

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New Public Chapters

• PC 141: Authorizes a school principal to excuse students for non-school-sponsored extracurricular activities, if the following conditions are met: the student provides proper documentation and the student's parent or guardian submits a written request prior to the student's absence.

• PC 286: Requires a school in which a child is a suspected victim of child sexual abuse and the abuse occurred while the child was under the supervision or care of the school to make reasonable accommodations to separate the alleged victim of child sexual abuse from the alleged perpetrator. The parent of the child may request reassignment of the child, and, if available and appropriate, the local school board must reassign the child if so requested, when: (1) The abuse occurred while the child was under the supervision or care of the school; and (2) The perpetrator of the abuse is: (A) Substantiated by the department of children's services; (B) Adjudicated by a juvenile court to have committed the child sexual abuse; or (C) Criminally charged.

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New Public Chapters

• PC 328: Allows local boards of education to adopt a policy that excuses a student from school to attend a released time course in religious moral instruction for up to one class period during each school week.

• PC 357: Prohibits an LEA from requiring more than the minimum graduation requirements for students enrolling or transferring in the 11th grade or later who are in the custody of the department of children's services to receive a full diploma.

• PC 445: Allows children who will be five years of age after August 15, 2015, but on or before August 31, 2015, and who entered two-year pre-kindergarten programs in the 2013–2014 school year to enter kindergarten programs in the 2015–2016 school year.

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New Public Chapters

• PC 501: Specifies that when a student is legally charged with an offense that would be classified as a felony if the student was charged as an adult or if adjudicated delinquent for an offense that would be classified as a felony if the student was an adult, or if the student was convicted of a felony, and the student's continued presence in school poses a danger to persons or property or disrupts the educational process, the principal of a school in which the student is enrolled and the director of schools must determine the appropriate educational assignment for the student released for readmission.

Student Attendance - Student

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.

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Achievement Connection

Student Attendance - Student

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!

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Achievement Connection

PUBLIC EDUCATION IS

No maximum age limitThe law must be applied equally to

any person in the stateUndocumented children are

required to be enrolled and education – Plyler v. Doe

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FREE IN TENNESSEE!

COMPULSORY EDUCATION

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. 9

IN TENNESSEE - Ages 6-18

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• Tenn. Code Ann. §49-6-3001 Diploma or certificate of graduation issued from

high school in TN or other stateEnrolled or making progress in GED program or

has obtained GEDParent 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

EXCEPTIONS

EXCUSED FROM COMPULSORY

Tenn. Code Ann. §49-6-3005Mentally or physically incapacitated17 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

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ATTENDANCE

ENROLLMENT

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.

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AT WHAT AGE MAY CHILDREN BE ENROLLED IN KINDERGARTEN?

ENROLLMENT

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.

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ENROLLMENT

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.

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ENROLLMENTChildren 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.

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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

TCA §34-6-301-310TCA §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. 17

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.

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MINOR CHILD ACT


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.

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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.

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MINOR CHILD ACT


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.

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MINOR CHILD ACT

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ENROLLMENTWhat 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

http://www.usdoj.gov/04foia/1974ssnu.htm

http://www.usdoj.gov/04foia/1974ssnu.htm

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ENROLLMENTWhat 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!

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ENROLLMENT OF HOMELESSMcKinney-Vento Homeless Education Assistance

Improvements Act of 2001Definition 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;

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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).

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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;

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− (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.

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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

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;

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MENTALHEALTH FACILITIES


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. . . .

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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.

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AUTHORITY TO ESTABLISH

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MIMIMUM ATTENDANCETenn. 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


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MIMIMUM ATTENDANCETenn. 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


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MIMIMUM ATTENDANCE− 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

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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?

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STUDENTS OVER 18

There is not an age-out rule in TN. Regardless of age, there is a duty to

educateBroad discretion in assignment, but

cannot deny a child from education based on age alone

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MARRIED STUDENTSOAG 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.

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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

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ENFORCEMENT AND TRUANCY

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

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AND 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?


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AND REMANDOAG 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!


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AND REMAND

How long may a student be expelled?

Suspended students ARE NOT to be counted as truant because you know where they are.

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DRIVER’S LICENSEWhen 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:

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DRIVER’S LICENSE(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.

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PC 757 of 2014Establishes 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

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PC 757 of 2014LEA 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

Documents

CHRISTY BALLARD GENERAL COUNSEL [email protected]