2023 Laws of Puerto Rico › TITLE THREE - Executive (§§ 1 — 9311) › Chapter 9A - Department of Education (1999) › Subchapter I - General Provisions (§§ 143a — 143b) › § 143b - Mandatory school attendance

(a) School attendance shall be mandatory for all students between the ages of five (5) and eighteen (18), except for those students of high academic standing and those enrolled in any secondary education program for adults or other preparatory programs for readmission to regular day school or those who have taken the high school equivalency exam.
(b) It is hereby strictly prohibited for students to leave the school grounds during school hours, as well as during any teaching activity recess; provided further that the Secretary shall be required to establish through regulations the procedure whereby students are authorized to leave school grounds during school hours.
(c) Any parent, guardian, or person in charge of a student who fosters, allows, or tolerates the truancy of said student or who neglects his/her obligation to ensure that the student attends school, shall be guilty of a fourth-degree felony and sanctioned by a five thousand dollar ($5,000) fine or term of imprisonment of one (1) year, or both penalties at the discretion of the court. He/she shall also incur an administrative fault which may entail the cancellation of any benefits under the Supplemental Nutrition Assistance Program, Public Housing Programs and Subsidized Housing Programs. The Department shall establish, through regulations, a system for the notification of absences to the parents of students so that they may fulfill the obligation imposed by this chapter. The regulations shall provide the manner whereby the agencies that administer welfare programs shall be notified about the truancy cases so that they may take action as provided in this section.
(d) The Secretary shall establish the manner whereby the provisions of this section shall be implemented through regulations.
The regulations shall:
(1) Make the directors responsible for maintaining a daily attendance record for each student attending school; provided, further, that said record shall include information on every person who takes a student out of school before the end of the school day. Said persons shall be required to submit in writing the reasons why the student will leave the school grounds during school hours, present a photo identification, state his/her relation to the student, and sign the daily attendance record required by law (school register). However, the person who takes out the student shall be authorized by the parent holding the legal custody or the guardian of the student and his/her name shall be included in a list that shall be prepared by the school director at the beginning of each school semester.
(2) Establish the procedures the schools shall follow to handle cases concerning those students with truancy problems. Said procedures shall include visits to the homes of said students, as well as guidance meetings with their parents, guardians, or persons in their charge as to how to handle such situation.
(3) Establish the procedure to refer truancy cases to the pertinent agencies for their corresponding action according to the provisions of subsection (c) of this section.
(e) Beginning in August 2011, the Secretary shall submit an annual “Report of School Dropout in Puerto Rico”. Such Report shall be submitted to the Governor of Puerto Rico, the Legislative Assembly (through the Office of the Secretary of the Senate and the Office of the Clerk of the House), and the Puerto Rico Institute of Statistics. Moreover, the Report shall be available in the official website of the Department of Education.
(f) The Puerto Rico Institute of Statistics is hereby designated on a permanent basis as an authorized representative of the Department of Education, so that the Department may share student information with the Institute, including directory information, as defined in the Family Educational Rights and Privacy Act, 20 U.S.C. 1232g, and the applicable regulations issued thereunder, 34 C.F.R. Part 99, including any amendments or other provisions in connection with federal laws or regulations. As part of such designation, the Department of Education shall be required to provide the Institute with direct, updated, and constant access to the data kept in, but not limited to, the following databases: the Student Information System (SIS, Spanish acronym), the Puerto Rican Tests of Academic Achievement databases, and the Adult Alphabetization Program, the CASA, CRECE, and CREARTE projects, and the Juvenile Institutions.
The School Dropout Report shall include, but not be limited to, the following annual data:
(1) The total dropout rate and for each school district per each grade, from fourth to twelfth grade.
(2) The rate of six graders who graduated and were promoted to seventh grade.
(3) The rate of ninth graders who graduated and were promoted to tenth [grade].
(4) The passing rate of the High School Equivalency Exam.
(5) Data about transfers, expulsions, suspensions, and absenteeism.
(6) Any other data deemed pertinent about the students” academic achievement.
The first Report shall include data for School Year 2009-2010. The second Report shall include data for School Years 2010-2011 and 2009-2010. From the third Report, and thereon, the reports shall include the data for the most recent school year and, at least, the two preceding years.
History —July 15, 1999, No. 149, § 1.03; Dec. 31, 2001, No. 191, § 1; June 25, 2002, No. 94, § 1; Jan. 23, 2006, No. 33, § 1; Sept. 1, 2006, No. 184, § 1; Aug. 16, 2009, No. 80, § 1; July 29, 2011, No. 161, § 1; July 29, 2011, No. 165, § 1.