Current through Register Vol. 50, No. 9, September 20, 2024
A. Through
the 2020-2021 school year, students who have attained the age of seven years
shall attend a public or nonpublic day school or participate in an approved
home study program until they reach the age of 18 years. Any child below the
age of seven who legally enrolls in school shall also be subject to compulsory
attendance. Refer to Chapter 33 for information on home study programs.
1. Beginning with the 2022-2023, students who
have attained the age of five years by September thirtieth of the calendar year
in which the school year begins shall attend a public or nonpublic day school
or participate in an approved home study program until they reach the age of 18
years. Any child below the age of seven who legally enrolls in school shall
also be subject to compulsory attendance. Refer to Chapter 33 for information
on home study programs.
B. A parent, tutor, or legal guardian who has
a student who is under the age of 18 and meets one of the requirements below
shall be in compliance with the compulsory attendance law.
1. A student, under 18 years of age, who
withdraws from school prior to graduating from high school, who has not
enrolled in a dropout recovery program as provided in
R.S.
17:221.6, and who has been ruled to be a
truant, pursuant to the provisions of chapter 15 of title VII of the
Louisiana Children's Code, by a court of competent
jurisdiction can be ordered by the court to exercise one of the following
options within 120 days of leaving school:
a.
reenroll in school and make continual progress toward completing the
requirements for high school graduation;
b. enroll in a high school equivalency
diploma program and make continual progress toward completing the requirements
for earning such diploma;
c. enlist
in the Louisiana National Guard or a branch of the United States Armed Forces,
with a commitment for at least two years of service, and earn a high school
equivalency diploma during such service period.
2. If a student is under the age of 18, the
parent or guardian may withdraw the student from high school if that student is
accepted into a National Guard Youth Challenge Program in this state.
3. For a student who is under the age of 18
and enrolled in school beyond his/her sixteenth birthday, the parent or
guardian may request a waiver from the local superintendent for that student to
exit school to enroll in an adult education program approved by the Louisiana
Community and Technical College System (LCTCS).
a. In the case of a student with no parent or
guardian, the local school superintendent may act on behalf of the student in
requesting a waiver if appropriate documentation is on file at the local school
board office and one or more of the following hardships exist:
i. pregnant or actively parenting;
ii. incarcerated or adjudicated;
iii. institutionalized or living in a
residential facility;
iv. chronic
physical or mental illness;
v.
family and/or economic hardships.
(a). Family
and/or economic hardship is defined as a student who acts as a caregiver or
must work to support the family due to a parent's death or illness, or needs to
be removed from an existing home environment.
b. The local school superintendent or his/her
designee may approve the request for exiting public or home school without
requesting action from BESE. If the request to exit school to enroll in a LCTCS
approved adult education program is denied at the local level, a student may
request the waiver from the DOE for approval by BESE with documentation of
reason for denial at the local level. Students seeking to exit school to enroll
in adult education, who are enrolled in a formal education setting other than a
public K-12 institution, may request a waiver from the institutional agency
head or his/her designee. Mandatory attendance components shall be met in all
of the above circumstances.
4. A student who is at least seventeen years
of age may exit high school without violating compulsory attendance statute
(R.S.
17:221), if that student has met the
following criteria:
a. completed a program
established by BESE;
b. achieved a
passing score on HiSET exam; and
c. received a Louisiana High School
Equivalency Diploma issued by the Board of Supervisors of Louisiana Community
and Technical College System.
C. Students shall be expected to be in
attendance every student-activity day scheduled by the LEA.
D. A student is considered to be in
attendance when he or she is physically present at a school site or is
participating in an authorized school activity and is under the supervision of
authorized personnel. Attendance shall be checked and recorded for each student
on each school day and at the beginning of each class period in accordance with
R.S.
17:232.B.(1).
1. This definition for attendance would
extend to students who are homebound, assigned to and participating in drug
rehabilitation programs that contain a state-approved education component,
participating in school-authorized field trips, or taking a state-approved
virtual course.
a. Half-Day Attendance.
Students are considered to be in attendance for one-half day when they:
i. are physically present at a school site or
participating in authorized school activity; and
ii. are under the supervision of authorized
personnel for more than 25 percent but not more than half (26-50 percent) of
the students' instructional day.
b. Whole-Day Attendance. Students are
considered to be in attendance for a whole day when they:
i. are physically present at a school site or
are participating in an authorized school activity; and
ii. are under the supervision of authorized
personnel for more than 50 percent (51-100 percent) of the students'
instructional day.
E. A student who is enrolled in regular or
special education and who, as a result of healthcare treatment, physical
illness, accident, or the treatment thereof, is temporarily unable to attend
school, shall be provided instructional services in the home or hospital
environment.
1. Homebound instruction shall
be provided by a properly certified teacher on the eleventh school day
following an absence of more than 10 consecutive school days for a qualifying
illness.
a. After a student has been absent
for 10 days for one of the above identified reasons, the student shall be
referred for review by the SBLC, to determine need for referral for
section
504 services if the student has
not previously been identified as a student with a disability.
2. Homebound instruction, at a
minimum, shall be provided in the core academic subjects:
a. English;
b. mathematics;
c. science; and
d. social studies.
3. A minimum of four hours of homebound
instruction shall be provided per week, unless the student's health as
determined by a physician requires less.
a.
Consideration shall be given to the individual need for services beyond the
core academic subjects for students with disabilities.
4. Homebound services may be provided via a
consultative model (properly certified regular or special education teacher
when appropriate, consults with the homebound teacher delivering instruction)
for students needing such services less than 20 days during a school
year.
F. A student who
has been quarantined by order of state or local health officers following
prolonged exposure to or direct contact with a person diagnosed with a
contagious, deadly disease, and is temporarily unable to attend school, shall
be provided any missed assignments, homework, or other instructional services
in core academic subjects in the home, hospital environment, or temporary
shelter to which he has been assigned. The principal, with assistance from the
local superintendent or chief charter school officer and the LDE, shall
collaborate with state and local health officers and emergency response
personnel to ensure the timely delivery or transmission of such materials to
the student.
G. Elementary students
shall be in attendance a minimum of 60,120 minutes (equivalent to 167 six-hour
days) a school year. In order to be eligible to receive grades, high school
students shall be in attendance a minimum of 30,060 minutes (equivalent to 83.5
six-hour school days), per semester or 60,120 minutes (equivalent to 167
six-hour school days) a school year for schools not operating on a semester
basis.
1. Students in danger of failing due
to excessive absences may be allowed to make up missed time in class sessions
held outside the regular class time. The make-up sessions must be completed
before the end of the current semester and all other policies must be
met.
H. Each LEA shall
develop and implement a system whereby the principal of a school, or his
designee, shall notify the parent or legal guardian in writing upon on or
before a student's third unexcused absence or unexcused occurrence of being
tardy, and shall hold a conference with such student's parent or legal
guardian. This notification shall include information relative to the parent or
legal guardians legal responsibility to enforce the students attendance at
school and the civil penalties that may be incurred if the student is
determined to be habitually absent or habitually tardy. The student's parent or
legal guardian shall sign a receipt for such notification.
I. Tardy shall include but not be limited to
leaving or checking out of school unexcused prior to the regularly scheduled
dismissal time at the end of the school day but shall not include reporting
late to class when transferring from one class to another during the school
day.
J. Exceptions to the
attendance regulation shall be the enumerated extenuating circumstances below
that are verified by the supervisor of child welfare and attendance or the
school principal/designee where indicated. These excused absences do not apply
in determining whether a student meets the minimum minutes of instruction
required to receive credit:
1. extended
personal physical or emotional illness as verified by a physician or nurse
practitioner licensed in the state;
2. extended hospital stay in which a student
is absent as verified by a physician or dentist;
3. extended recuperation from an accident in
which a student is absent as verified by a physician, dentist, or nurse
practitioner licensed in the state;
4. extended contagious disease within a
family in which a student is absent as verified by a physician or dentist
licensed in the state; or
5.
quarantine due to prolonged exposure to or direct contact with a person
diagnosed with a contagious, deadly disease, as ordered by state or local
health officials; or
6. observance
of special and recognized holidays of the student's own faith;
7. visitation with a parent who is a member
of the United States Armed Forces or the National Guard of a state and such
parent has been called to duty for or is on leave from overseas deployment to a
combat zone or combat support posting. Excused absences in this situation shall
not exceed five school days per school year;
8. absences verified and approved by the
school principal or designee as stated below:
a. prior school system-approved travel for
education;
b. death in the
immediate family (not to exceed one week);
c. natural catastrophe and/or
disaster;
d. student personal
illness or serious illness in family; or
e. pregnant and parenting students at a
minimum of 10 days after the birth of a child.
9. A student may be absent related to the
student's mental health for up to three days in any school year, and such
absences shall be excused when documentation/verification is submitted in
accordance with the student handbook. The student shall be given the
opportunity to make up missed work. Upon the return to school following the
second day of mental health absence in any school year, the student shall be
referred to the appropriate school support personnel for guidance in addressing
the underlying issue, which may include referral to medical services outside of
the school setting.
K.
For any other extenuating circumstances, the student's parents or legal
guardian must make a formal appeal in accordance with the due process
procedures established by the LEA.
L. Students who are verified as meeting
extenuating circumstances, and therefore eligible to receive grades, shall not
receive those grades if they are unable to complete makeup work or pass the
course.
M. Students participating
in school-approved field trips or other instructional activities that
necessitate their being away from school shall be considered to be present and
shall be given the opportunity to make up work.
N. If a student is absent from school for 2
or more days within a 30-day period under a contract or employment arrangement
to render artistic or creative services for compensation as set forth in the
Child Performer Trust Act (R.S.
51:2131 et seq.) the employer shall employ a
certified teacher, beginning on the second day of employment, to provide a
minimum of three education instruction hours per day to the student pursuant to
the lesson plans for the particular student as provided by the principal and
teachers at the student's school. There must be a teacher to student ratio of
one teacher for every 10 students.
AUTHORITY NOTE:
Promulgated in accordance with
R.S.
17:112,
R.S.
17:221.3-4,
R.S.
17:226.1, and
R.S.
17:233.
