New Jersey Administrative Code › Title 6A - EDUCATION › Chapter 16 - PROGRAMS TO SUPPORT STUDENT DEVELOPMENT › Subchapter 7 - STUDENT CONDUCT › Section 6A:16-7.6 - Attendance

Current through Register Vol. 56, No. 14, July 15, 2024
(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.