Ga. Comp. R. & Regs. R. 160-5-1-.10 - Student Attendance
(1)
DEFINITIONS.
(a)
Foster Care Student - a
student who is in a foster home or otherwise in the foster care system under
the Division of Family and Children Services of the Department of Human
Services.
(b)
Student
Attendance Protocol - procedures to be used in identifying, reporting,
investigating and prosecuting cases of alleged violations of O.C.G.A. §
20-2-690.1, relating to mandatory
school attendance and appropriately addressing the issue with parents and
guardians. The protocol shall also include recommendations for policies
relating to tardiness.
(c)
Student Attendance and School Climate Committee - a committee
established, pursuant to O.C.G.A. §
20-2-690.2, by the chief judge of
the superior court of each county for the purpose of ensuring coordination and
cooperation among officials, agencies and programs involved in compulsory
attendance issues, to reduce the number of unexcused absences from school, and
to increase the percentage of students present to take tests which are required
to be administered under the laws of this state, and to improve the school
climate in each school.
(d)
Student Teen Election Participant (STEP) - a program designed to
permit full-time public, private, and home schooled high school students the
opportunity to volunteer to work as poll officers during any primary, special,
or general election according to the provisions set forth in O.C.G.A. §
21-2-92.
(e)
Truant - any child subject
to compulsory attendance who during the school calendar year has more than five
days of unexcused absences.
(2)
REQUIREMENTS.
(a) School days missed as a result of an out
of school suspension shall not count as unexcused days for the purpose of
determining student truancy.
(b)
Local boards of education shall adopt policies and procedures excusing students
from school under the following circumstances, as a minimum. Policies may
require submission of appropriate documentation.
1. Personal illness or when attendance in
school endangers the student's health or the health of others.
(i) Local boards of education may require
students to present appropriate medical documentation upon return to school for
the purpose of validating that the absence is an excused absence. With proper
verification a student may be eligible for hospital/homebound instruction as
outlined in State Board of Education Rule
160-4-2-.31 Hospital/Homebound (HHB)
Services.
2. A serious
illness or death in a student's immediate family necessitating absence from
school.
(i) In the event of a serious illness
in a student's immediate family, local boards of education may require students
to present appropriate medical documentation regarding the family member upon
return to school for the purpose of validating that the absence is an excused
absence.
3. A court order
or an order by a government agency, including preinduction physical
examinations for service in the armed forces, mandating absence from
school.
4. The observation of
religious holidays, necessitating absence from school.
5. Conditions rendering attendance impossible
or hazardous to student health or safety.
6. Registering to vote or voting in a public
election, which shall not exceed one day.
7. A student whose parent or legal guardian
is in military service in the armed forces of the United States or the National
Guard, and such parent or legal guardian has been called to duty for or is on
leave from overseas deployment to a combat zone or combat support posting,
shall be granted excused absences, up to a maximum of five school days per
school year, for the day or days missed from school to visit with his or her
parent or legal guardian prior to such parent's or legal guardian's deployment
or during such parent's or legal guardian's leave.
8. A student whose parent or legal guardian
is currently serving or previously served on active duty in the armed forces of
the United States, in the Reserves of the armed forces of the United States on
extended active duty, or in the National Guard on extended active duty may be
granted excused absences, up to a maximum of five school days per school year,
not to exceed two school years, for the day or days missed from school to
attend military affairs sponsored events, provided the student provides
documentation prior to absence from:
(i) A
provider of care at or sponsored by a medical facility of the United States
Department of Veterans Affairs; or
(ii) An event sponsored by a corporation
exempt from taxation under Section
501(c)(19) of the Internal
Revenue Code.
9. Nothing
in Sections (2)(b)7 and (2)(b)8 of this rule shall be construed to require a
local school system to revise any policies relating to maximum number of
excused and unexcused absences for any purposes.
10. Any other absence not explicitly defined
herein but deemed by the local school board of education to have merit based on
circumstances, which may include non-school sponsored activities that meet the
requirements set forth in section (2)(g)2. of this rule.
(c) Local boards of education shall count
students present when they are serving as pages of the Georgia General Assembly
as set forth in O.C.G.A. §
20-2-692.
(d) A foster care student who attends court
proceedings relating to the student's foster care shall be credited as present
by the school and shall not be counted as an absence, either excused or
unexcused, for any day, portion of a day, or days missed from school as set
forth in O.C.G.A. §
20-2-692.2.
(e) A student who successfully participates
in the Student Teen Election Participant (STEP) program shall be counted as
present and given full credit for the school day during which he or she served
in the STEP program. No student shall be permitted to be absent from school or
participate in the STEP program for more than two school days per school year.
(f) A student who participates in
an activity or program sponsored by 4-H shall be credited as present by the
school in which enrolled in the same manner as an educational field trip, and
such participation in an activity or program sponsored by 4-H shall not be
counted as an absence, either excused or unexcused, for any day, portion of a
day, or days missed from school as set forth in O.C.G.A. §
20-2-692.3.
(g) Final course grades of students shall not
be penalized because of absences if the following conditions are met:
1. Absences are justified and validated for
excusable reasons.
2. Make up work
for excused absences was completed satisfactorily.
(h) Local boards of education are not
required to provide make-up work for unexcused absences.
(i) Nothing in this rule should be construed
to encourage student absences or as an approval of excessive unexcused
absences.
(j) To reduce unexcused
absences, each local board of education shall adopt policies and procedures
that shall include but are not limited to:
1.
Requiring the school system to notify the parent, guardian or other person who
has control or charge of the student when such student has five unexcused
absences. The notice shall outline the penalty and consequences of such
absences and that each subsequent absence shall constitute a separate offense.
After two reasonable attempts to notify the parent, guardian or other person
who has charge of the student, the school system shall send written notice via
certified mail with return receipt requested, or first-class mail; and
2. Prior to any action to commence
judicial proceedings to impose a penalty on a parent, guardian, or other person
residing in this state who has control or charge of the school aged child for
failing to comply with compulsory attendance, a school system shall send a
notice to such parent, guardian, or other person by certified mail, return
receipt requested; and
3. Requiring
public schools to provide to the parent, guardian, or other person having
control or charge of each student enrolled in public school a written summary
of possible consequences and penalties for failing to comply with compulsory
attendance. By September 1 of each school year or within 30 school days of a
student's enrollment in the school system, the parent, guardian, or other
person having control or charge of such student shall sign a statement
indicating receipt of such written statement of possible consequences and
penalties. After two reasonable attempts by the school to secure such signature
or signatures, the school shall be considered to be in compliance with this
subsection if it sends a copy of the statement, via certified mail, return
receipt requested, or first-class mail, to such parent, guardian, or other
person who has control or charge of a child, or children. In addition, students
age ten or older by September 1 shall sign a statement indicating receipt of
written statement of possible consequences for non-compliance to the local
system's policy.
(k) Each
local board of education shall implement a progressive discipline process and a
parental involvement process for truant students before referring the students
to the juvenile or other court having jurisdiction.
(l) Each local board of education shall adopt
as a part of the student codes of conduct developed pursuant to O.C.G.A. §
20-2-735 a definition of truancy
that contains the minimum standards established by State Board of Education
Rule 160-5-1-.10
Student Attendance and a summary of possible consequences and penalties for
truancy.
(m) Pursuant to O.C.G.A.
§
20-2-690.2, each local school
system shall participate in a student attendance and school climate committee.
Independent school systems may participate in the committee in the county where
the system is located. Independent school systems whose geographic area
encompasses more than one county may select one of such counties in which to
participate. An independent school system that elects not to participate in the
committee of the county where it is located shall request the chief judge of
the superior court of a county encompassed by its geographic area to establish
an independent student attendance and school climate committee.
1. The superintendent or the superintendent's
designee of the local school system shall fully and actively assist in the
planning, implementation, and evaluation activities of the local school system
student attendance and school climate committee.
2. The superintendent, a certificated school
employee, a local school board member from each public school system in the
county, and a certificated school social worker from each public school system,
if any are employed by the school system, shall serve on the student attendance
and school climate committee.
3.
Each local board of education shall consider and publicly announce its
decisions regarding the recommendations of the student attendance and school
climate committee.
4. Each local
board of education shall report annual student attendance rates to the student
attendance and school climate committee and the State Board of Education by
September 1 following each school year.
5. The local school system shall be
responsible for providing a copy of the written student attendance protocol to
the Department by July 1, 2005, and upon any subsequent revisions or
amendments.
6. The Department shall
develop and disseminate exemplary model protocols that may be implemented by
local boards of education.
Notes
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