The law recognizes that attendance issues often stem from underlying problems that need support rather than punishment. However, it also establishes clear thresholds where legal intervention becomes necessary to ensure compliance with compulsory education requirements.
How Schools Respond to Absences
New Jersey's attendance law creates a graduated response system that escalates interventions based on the number of unexcused absences your child accumulates. Understanding this system can help you work proactively with your school to address attendance issues before they become serious legal matters.
For the first four unexcused absences, schools focus on communication and early intervention. You can expect the school to contact you before the next school day to notify you of the absence and work with you to determine the cause. The school will collaborate with you to identify any needed support to help your child return to school and maintain regular attendance.
When absences reach five to nine unexcused days, the response becomes more intensive. Schools will evaluate whether previous interventions were effective and develop a comprehensive action plan. This may include referrals to intervention teams, academic or behavioral assessments, consideration of alternative educational placements, connections with community resources, or increased family engagement strategies.
Once your child reaches ten or more unexcused absences, they are officially considered truant under New Jersey law. At this point, schools must consider whether to make a court referral while continuing to work with you and involved agencies to support your child's return to regular attendance.
Court Referrals and Legal Consequences
The law provides two pathways for court involvement, depending on the circumstances. If school officials determine that unexcused absences violate education law, parents may be referred to municipal court. Alternatively, if there's evidence of a juvenile-family crisis, the student may be referred to Superior Court's Family Division.
Before any court referral, schools must provide a written report detailing all actions they've taken to address the attendance issues. This ensures that legal intervention only occurs after appropriate support measures have been attempted.
Special Considerations
If your child has a disability, all attendance policies must be applied in accordance with their Individualized Education Program (IEP), 504 plan, or healthcare plan. This ensures that attendance requirements consider your child's specific needs and circumstances.
For students attending schools outside their home district, the receiving school handles initial interventions, but responsibility transfers back to your home district once absences reach five or more days.
What Parents Should Do
Stay Proactive About Communication: Don't wait for the school to contact you. If your child will be absent, notify the school as soon as possible and provide appropriate documentation. Maintain open communication with teachers and administrators about any challenges affecting your child's attendance.
Document Everything: Keep records of all communications with the school, medical appointments, and any circumstances that may impact your child's attendance. This documentation can be crucial if attendance becomes a legal issue.
Address Problems Early: If you notice patterns of resistance to school or frequent requests to stay home, address these issues immediately. Work with school counselors, intervention teams, or outside professionals to identify and resolve underlying problems before they result in excessive absences. Request Intervention & Referral Services (I&RS) team involvement in writing at first signs of attendance issues.
Know Your Rights and Responsibilities: Familiarize yourself with your school district's specific attendance policies, which should be readily available. Understand what constitutes excused versus unexcused absences in your district.
Seek Support When Needed: If your family is facing challenges that affect school attendance—such as transportation issues, health problems, or family crises—reach out to school social workers, counselors, or community resources for assistance. Schools are required to work with you to develop solutions.
Respond Promptly to School Contact: When schools reach out about attendance concerns, respond quickly and work collaboratively to develop action plans. Your engagement in this process can prevent escalation to more serious interventions.
If the school fails to provide support, file a complaint with the district superintendent and NJ Department of Education. Advocates for Children of New Jersey offers a Special Education Guide with information about I&RS and progression to special education if needed. By understanding New Jersey's attendance requirements and taking proactive steps to ensure regular school attendance, you can support your child's educational success while avoiding the stress and consequences of legal intervention. Remember, schools want to work with families to resolve attendance issues—the key is addressing concerns early and maintaining open communication throughout the process.
Source: https://www.nj.gov/education/code/current/title6a/chap32.pdf
In order to give all children a strong and equitable start in life, New Jersey must begin with an intentional focus on eliminating racial inequities and disparities in access to essential supports, according to a new report, 
