4101 -COMPULSORY ATTENDANCE
Every parent/guardian or other person residing within the Durham Public Schools district having charge or control of a child between the ages of 7 and 16 years, or a child younger than seven if enrolled in school, shall cause such child to attend school continuously for a period equal to the time which the Durham Public Schools shall be in session. No person shall encourage, entice, or counsel any such child to be unlawfully absent from school. The parent/guardian or custodian of a child shall notify the school of the reason for each known absence of the child.
4101.1 Notification of Excessive Absences
The principal or a designee shall notify the parent/guardian or custodian of a child's excessive unexcused absences as follows:
A. After the third unexcused absence, the principal or designee shall notify the parent/guardian or custodian within three school days. If unable to contact the parent/guardian or custodian, the principal shall refer the matter to a school social worker for immediate investigation.
B. After not more than six unexcused absences, the principal shall notify the parent/guardian or custodian by mail. The notice shall state that the parent may be in violation of the North Carolina Compulsory Attendance Law and may be prosecuted pursuant to
Legal Reference: G.S.115C-378 if the absences cannot be justified as excused under the standards stated in the section entitled "Excused Absences" below. A copy of the notice will be directed to the social worker, school attendance counselor, or other appropriate school personnel, who will work with the student and family in an effort to improve attendance.
C. After a student has accumulated 10 unexcused absences in a school year, the principal or designee shall notify the student's parent/guardian or custodian by certified mail of the student's excessive number of unexcused absences. The notification shall state that the parent may be in violation of the North Carolina Compulsory Attendance Law and may be prosecuted if the absences cannot be justified under the standards stated in the section entitled "Excused Absences" below. The principal also shall review any reports or investigation prepared pursuant to
Legal Reference: G.S.115C-381 and shall, if possible, confer with the student and the student's parent/guardian or custodian to determine whether the parent/guardian or custodian received notification pursuant to the requirements of this policy and the Compulsory Attendance Law and made a good faith effort to comply with the law. If the principal determines that the parent/guardian or custodian has not made a good faith effort to comply with the law, the principal shall notify the district attorney. Where the parent/guardian or custodian has made a good faith effort, the principal may file a complaint with the juvenile intake counselor under
Legal Reference: G.S.7A-561 that the child is habitually absent from school.
4101.2 Excused Absences
The principal or designee may excuse student absences for the following reasons, provided that satisfactory evidence of the excuse is provided to the principal:
A. Illness or injury. When the absence results from illness or injury which prevents the student from being physically able to attend school.
B. Quarantine. When isolation of the student is ordered by the local health officer or by the State Board of Health.
C. Death in the immediate family. When the absence results from the death of a member of the immediate family of the student. The immediate family of a student includes, but is not necessarily limited to, grandparents, parents and siblings.
D. Medical or dental appointments. When the absence results from a medical or dental appointment of a student. A written excuse should be presented with a doctor's signature or stamp.
E. Court or administrative proceedings. When the student is a party to or is under subpoena as the a witness in the proceedings of a court or administrative tribunal.
F. Religious observances. When the student or the student's parent/guardian or custodian adheres to a religion whose tenets require, or suggest the observance of a religious event. The parent/guardian or custodian must seek prior approval of the principal for such absences [and the approval should be granted unless the religious observance or the cumulative effect of religious observances is of such duration as to interfere with the education of the student].
G. Educational opportunity. When the student obtains the principal's prior approval of a valid education opportunity, such as travel.
4101.3 Unexcused Absences
All absences for reasons other than those identified under the section entitled "Excused Absences" will be deemed unexcused. An absence will be deemed unexcused unless the student's parent/guardian or custodian provides written documentation of the reason(s) for the absence within three school days of the student's return to school. A student who is suspended for misconduct will not be considered absent without excuse for the purposes of this policy, although such absences will be considered unexcused for the purpose of makeup work and co-curricular activity eligibility. However, students suspended for ten days or less will be provided an opportunity to take any quarterly, semester or grading period examinations missed during the suspension period.
Cross Reference: Policy 4100 - Student Attendance
Legal References:
Legal Reference: G.S.7A-561, 115C-307(f), 115C-378 to 115C-381, 115C-391; 16 N.C. Admin. Code 6E.0100 to 6E.0104.
Adopted Effective: July 2, 1992
Revised: September 27, 1995
Revised Effective: July 1, 1999
