N.J. Admin. Code § 6A:16-7.6

Current through Register Vol. 56, No. 23, December 2, 2024

Section 6A:16-7.6 - Attendance

(a) Each district board of education shall develop, adopt, and implement policies and procedures regarding the attendance of students, pursuant to 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 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 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 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 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 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 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 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 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 to6A:16-2.3(b) 3xii.

(c) All receiving schools pursuant to 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.

N.J. Admin. Code § 6A:16-7.6

Administrative change, 46 N.J.R. 2405(a).

Administrative Change, 47 N.J.R. 2634(a).