Posted on September 25, 2024
By Nina C. Peckman
Staff Attorney
For more information on this topic, contact Nina at npeckman@acnj.org
WHY DO CHILDREN MISS SCHOOL?
According to the parents who reach out to the KidLaw Resource Center for assistance with attendance issues, the most common reasons for absences are:
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- health issues usually involving a chronic health condition;
- anxiety, including social anxiety;
- depression;
- fear because the student feels bullied in school;
- fear of violence from other students;
- loss of interest due to unaddressed academic or behavioral issues; and/or
- being reprimanded frequently by school staff and/or suspended from school.
A SUMMARY OF IMPORTANT ATTENDANCE LAWS THAT PARENTS AND ADVOCATES SHOULD KNOW
New Jersey education laws govern attendance rules (no more than 18 absences per academic year–but districts may permit fewer absences). Schools must have a written code of conduct that includes the allowable excused absences and consequences for absences. Parents should read the School Code of Conduct.
If a student has more than four unexcused absences, schools should respond in a variety of supportive ways:
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- interview the student and parents to determine how best to improve attendance;
- provide credit recovery options;
- provide academic and/or behavior support and referrals to community-based services;
- incorporate family engagement as part of the solution;
- provide school-based intervention and referral services; and/or
- administer child study team evaluations for a possible Individualized Education Plan (IEP) or 504 plan (a plan that provides accommodations for students with disabilities).
Too many excused or unexcused absences (including cutting class) can have negative consequences such as retention, a failing grade, or delayed high school graduation. Parents of students between ages six and 16 can face truancy charges in their local municipal court for 10 or more unexcused absences. Charges may result in periodic court dates until the attendance issue is resolved and can lead to fines. The Division of Child Protection & Permanency (DCP&P) may be contacted to ensure that a child’s education is not being neglected.
WHAT TO DO IF A STUDENT HAS TOO MANY ABSENCES DUE TO A CHRONIC HEALTH CONDITION?
If a parent knows that their child will be absent for 10 consecutive (or a total of 20) school days, their child may be entitled to home instruction which counts as days of attendance. Parents must obtain documentation from the student’s physician that explains the illness/condition/diagnosis, reasons why the student requires home instruction, and the predicted amount of time home instruction will be needed, along with recommended supports and accommodations. For mental health conditions, a diagnosis and recommendations for services should come from a psychiatrist.
The parents must provide this documentation and request to the school nurse and should copy the principal to ensure the reasons for the absences are documented. Each school district has a physician who reviews these requests and who must approve the home instruction or give reasons for a denial. The school physician may contact the student’s physician to obtain information to support a decision. For a student with an IEP or 504 plan, the parents should also request a child study team meeting to determine if the student’s program needs to be revised.
Home instruction, if approved, must be provided within five days of the school physician’s approval, or if the parent receives advanced approval from the district, then within the first week the student is home. Parents can appeal school decisions to the Commissioner of Education but should consult an advocate/education attorney prior to doing that.
HOW IS HOME INSTRUCTION PROVIDED?
Instruction must be provided through a written plan by a certified teacher in person, or virtually, if appropriate. The instruction must be consistent with a student’s IEP or 504 plan. Students are entitled to hours of instruction sufficient to ensure the student’s academic progress. For students whose absences are related to their disability, they should receive a minimum of at least 10 hours weekly, plus their related services.
WHAT TO DO IF A STUDENT HAS LOST CREDITS FOR CLASSES OR IS AT RISK OF RETENTION?
Parents can obtain progress reports and check their children’s credit status throughout the year. They can request meetings with school teachers and administrators to discuss concerns. The earlier in the school year that the issues are addressed, the greater the likelihood that a plan can be developed to ensure the student can be promoted to the next grade level. At an initial meeting, parents should ask the school staff for written documentation regarding credit status and what, if any, work a student has to complete to satisfy academic requirements. For high school students, parents should ask about all the options available for students to achieve high school credits as schools must offer a variety of ways to earn these credits. For example, schools may offer summer classes and/or online options to make up classwork or retake a failed class, or they may offer tutoring services, work-study programs, independent study, and community college classes for students to earn high school and college credits at the same time. For students with an IEP or a 504 plan, a child study team/504 team meeting is appropriate to discuss potential solutions including evaluations covering both learning, emotional, and behavioral issues impacting attendance and progress.
Additional information regarding student education rights are available online at our KidLaw Resource Center.
Information regarding attendance statutes, regulations, guidance and policies can be found on the New Jersey Department of Education website.
