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Open Enrollment & Habitual Truancy

Open Enrollment & Habitual Truancy. Department of Public Instruction Open Enrollment Technical Assistance Workshops November & December 2012. 2009 Wisconsin Act 304. A nonresident school board may: Deny open enrollment If the pupil was habitually truant,

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Open Enrollment & Habitual Truancy

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  1. Open Enrollment & Habitual Truancy Department of Public Instruction Open Enrollment Technical Assistance Workshops November & December 2012

  2. 2009 Wisconsin Act 304 • A nonresident school board may: • Deny open enrollment • If the pupil was habitually truant, • From the nonresident school district, • During any semester of attendance in the current or previous school year. • Terminate open enrollment: • In the succeeding semester or school year, • If the pupil was habitually truant, • During either semester in the current school year.

  3. Truancy • Truancy means: • Any absence of part of one or more days from school, • During which the school attendance officer, principal or teacher, • Has not been notified of the legal cause of such absence by the parent or guardian of the absent pupil, • And also means intermittent attendance carried on for the purpose of defeating the intent of Wis. Stats. § 118.15.

  4. Habitual Truancy • Habitual truant means: • A pupil who is absent, • Without an acceptable excuse , • For all or part of five or more schools days on which school is held, • During a semester.

  5. Guidelines for Implementation • Policies • Open enrollment policy • Truancy and attendance policy • Consistency of standards and implementation • Notifications • Prior notifications • Notifications of absences • Notification of habitual truancy

  6. Open Enrollment Policy • Open enrollment policy must specify if a school board intends to: • Consider habitual truancy in approving and denying open enrollment applications. • Applies only to habitual truancy from the school district the pupil is applying to attend. • Terminate open enrollment of open enrolled pupils who are habitually truant. • Tuition waivers may not be terminated due to habitual truancy, but the pupil may be denied open enrollment if she or he applies.

  7. Truancy/Attendance Policy • All provisions of the truancy/attendance policy must apply equally to open enrolled pupils as to resident pupils, that is: • The board may not require more of an open enrolled pupil than of a resident pupil. • The board may not employ a more stringent definition or interpretation for an open enrolled pupil: • Particular problem: part of a school day

  8. Prior Notification of the Open Enrollment Consequences of Truancy • Provide the following notices at the beginning of the school year: • Truancy policy. • Open enrollment consequences of truancy. • Clear definition of truancy and habitual truancy, including what constitutes “part of a school day”. • A description of the notifications a parent can/should expect to receive when a pupil is absent and/or truant. • How and where the parent can view the pupil’s attendance record and a process for the parent or pupil to follow if they believe the pupil was erroneously marked truant.

  9. Notifications of Absences & Truancy • Send all notices required in state law and board policy. • Notify the parent of a child’s truancy and direct the parent to return the child to school. • Remind the parent of the open enrollment consequences of habitual truancy. • Notify the parent, by registered or certified mail, when the child initially becomes a habitual truant. • Must contain all elements of Wis. Stats. § 118.16 (2) (cg), even if the board intends to terminate OE.

  10. The Record of the Decision (if appealed) • Open enrollment and truancy/attendance policies • Evidence that the parent and pupil were notified of the OE consequences of truancy and exactly what constitutes truancy and habitual truancy, including what constitutes “part of a school day” • The pupil’s attendance record • All notices sent to parents concerning the pupil’s absences and truancy and when the pupil became habitually truant • A record of all meetings or contacts with the parent or pupil concerning the pupil’s truancy • Any other information or evidence relevant to the board’s decision.

  11. Open Enrollment Staff and Resources:Mary Jo Cleaver, Open Enrollment ConsultantJennifer Danfield, Open Enrollment Education SpecialistRobert Soldner, Director, School Management ServicesDepartment of Public InstructionP.O. Box 7841Madison, WI 53719888-245-2732openenrollment@dpi.wi.govweb site: http://sms.dpi.wi.gov/sms_psctoc

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