Current through Register Vol. 56, No. 24, December 18, 2024
(a) Each district board of education shall
develop, adopt, and implement policies and procedures regarding the attendance
of students, pursuant to
N.J.S.A. 18A:38-25 through 31 and N.J.A.C.
6A:32-8 and 12.1, at the public schools of the school district or at day
schools in which students are provided with equivalent instruction, pursuant to
N.J.S.A. 18A:38-25. The policies and
procedures shall include, at a minimum:
1.
The expectations and consequences regarding students' timely arrival of
students to school and classes;
2.
The expectations and consequences regarding attendance at school and
classes;
3. A definition of
unexcused absence that counts toward truancy, for the purpose of this section,
that, at a minimum, shall be consistent with the definition of a school day,
pursuant to
N.J.A.C. 6A:32-8.3;
4. School staff responses for unexcused
absences:
i. For up to four cumulative
unexcused absences, the school district shall:
(1) Make a reasonable attempt to notify the
student's parents of each unexcused absence prior to the start of the following
school day;
(2) Make a reasonable
attempt to determine the cause of the unexcused absence, including through
contact with the student's parents;
(3) Identify in consultation with the
student's parents needed action designed to address patterns of unexcused
absences, if any, and to have the child return to school and maintain regular
attendance;
(4) Proceed in
accordance with
N.J.S.A. 9:6-1 et seq. and N.J.A.C. 6A:16-11
if a potential missing or abused child situation is detected; and
(5) Cooperate with law enforcement and other
authorities and agencies, as appropriate;
ii. For between five and nine cumulative
unexcused absences, the school district shall:
(1) Make a reasonable attempt to notify the
student's parents of each unexcused absence prior to the start of the following
school day;
(2) Make a reasonable
attempt to determine the cause of the unexcused absence, including through
contact with the student's parents;
(3) Evaluate the appropriateness of action
taken pursuant to (a)4i(3) above;
(4) Develop an action plan to establish
outcomes based upon the student's patterns of unexcused absences and to specify
the interventions for supporting the student's return to school and regular
attendance, which may include any or all of the following:
(A) Refer or consult with the building's
intervention and referral services team, pursuant to N.J.A.C.
6A:16-8;
(B) Conduct testing,
assessments or evaluations of the student's academic, behavioral and health
needs;
(C) Consider an alternate
educational placement;
(D) Make a
referral to or coordinate with a community-based social and health provider
agency or other community resource;
(E) Refer to a court or court program
pursuant to (a)4iv below;
(F)
Proceed in accordance with
N.J.S.A. 9:6-1 et seq. and N.J.A.C. 6A:16-10
if a potential missing or abused child situation is detected; and
(G) Engage the student's family.
(5) Cooperate with law enforcement
and other authorities and agencies, as appropriate.
iii. For cumulative unexcused absences of 10
or more, a student between the ages of six and 16 is truant, pursuant to
N.J.S.A. 18A:38-25, and the school
district shall:
(1) Make a determination
regarding the need for a court referral for the truancy, per (a)4iv
below;
(2) Continue to consult with
the parent and the involved agencies to support the student's return to school
and regular attendance;
(3)
Cooperate with law enforcement and other authorities and agencies, as
appropriate; and
(4) Proceed in
accordance with
N.J.S.A. 18A:38-28 through 31, Article 3B,
Compelling Attendance at School, and other applicable State and Federal
statutes, as required; and
iv. A court referral may be made as follows:
(1) When unexcused absences are determined by
school officials to be violations of the compulsory education law, pursuant to
N.J.S.A. 18A:38-25, and the district board
of education's policies, in accordance with (a) above, the parent may be
referred to municipal court;
(A) A written
report of the actions the school has taken regarding the student's attendance
shall be forwarded to the municipal court; or
(2) When there is evidence of a
juvenile-family crisis, pursuant to
N.J.S.A. 2A:4A-22.g, the student may be
referred to Superior Court, Chancery Division, Family Part;
(A) A written report of the actions the
school has taken regarding the student's attendance shall be forwarded to the
juvenile-family crisis intervention unit.
(b) For a student with
a disability, the attendance plan and its punitive and remedial procedures
shall be applied, where applicable, in accordance with the student's
individualized education program, pursuant to 20 U.S.C. §§
1400 et seq., the Individuals with
Disabilities Education Act; the procedural protections set forth in
N.J.A.C. 6A:14; accommodation plan under 29 U.S.C.
§§
794 and 705(20); and
individualized healthcare plan and individualized emergency healthcare plan,
pursuant to N.J.A.C. 6A:16-2.3(b) 3xii.
(c) All receiving
schools pursuant to
N.J.A.C. 6A:14-7.1(a),
shall act in accordance with (a)4i above for each student with up to four
cumulative unexcused absences.
1. For each
student attending a receiving school with five or more cumulative unexcused
absences, the absences shall be reported to the sending school district.
i. The sending school district shall proceed
in accordance with the district board of education policies and procedures
pursuant to (a) above and the provisions of (a)4ii through iv and (b) above, as
appropriate.
