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State Law on Attendance

The Emanuel County Board of Education believes that every child of school attendance age should attend school on a regular basis in order to maximize his/her educational opportunities. Students who are absent from school may never regain some of the experiences which take place during their absences. It is the intent of the Board of Education that the Georgia Compulsory School Attendance Law is followed. Every student shall be in attendance each of the scheduled school days for the full-length of the school day. Arriving late or departing early from school are in violation of the Georgia Compulsory School Attendance Law (O.C.G.A. § 20-2-690.1). Consequences are set forth in procedures Late Arrival/Early Departure as defined in the Student/Parent Handbook.

The Official Code of Georgia (O.C.G.A.) 20-2-690.1 (Abbreviated Version)

Mandatory attendance in a public school, private school, or home school program shall be required for children between their sixth and sixteenth birthdays.  Such mandatory attendance shall not be required where the child has successfully completed all requirements of a high school diploma.

Every parent, guardian, or other person residing within this state having control or charge of any child or children during the ages of mandatory attendance as required in subsection (a) of this code section shall enroll and send such child or children to a public school, a private school, or a home study program that meets the requirements for a public school, a private school, or a home study program; and such child shall be responsible for enrolling in and attending a public school, a private school, or a home study program that meets the requirements for a public school, a private school, or a home study program under such penalty for noncompliance with this subsection as is provided in Chapter 11 of Title 15, unless the child´s failure to enroll and attend is caused by the child´s parent, guardian, or other person, in which case the parent, guardian, or other person alone shall be responsible; provided, however, that tests and physical exams for military service and the National Guard and such other approved absences shall be excused absences. The requirements of this subsection shall apply to a child during the ages of mandatory attendance as required in subsection (a) of this Code section who has been assigned by a local board of education or its delegate to attend an alternative public school program established by that local board of education, including an alternative public school program provided for in Code Section 20-2-154.1, regardless of whether such child has been suspended or expelled from another public school program by that local board of education or its delegate, and to the parent, guardian, or other person residing in this state who has control or charge of such child. Nothing in this Code section shall be construed to require a local board of education or its delegate to assign a child to attend an alternative public school program rather than suspending or expelling the child. (b) Any parent, guardian, or other person residing in this state who has control or charge of a child or children and who shall violate this Code section shall be guilty of a misdemeanor and, upon conviction thereof, shall be subject to a fine not less than $25.00 and not greater than $100.00, imprisonment not to exceed 30 days, community service, or any combination of such penalties, at the discretion of the court having jurisdiction. Each day´s absence from school in violation of this part after the child´s school system notifies the parent, guardian, or other person who has control or charge of a child of five unexcused days of absence for a child shall constitute a separate offense. After two reasonable attempts to notify the parent, guardian, or other person who has control or charge of a child of five unexcused days of absence without response, the school system shall send a notice to such parent, guardian, or other person by certified mail, return receipt requested. 

Public schools shall provide to the parent, guardian, or other person having control or charge of each child enrolled in public school a written summary of possible consequences and penalties for failing to comply with compulsory attendance under this Code section for children and their parents, guardians, or other persons having control or charge of children. The parent, guardian, or other person who has control or charge of a child or children shall sign a statement indicating receipt of such written statement of possible consequences and penalties; children who are age ten years or older by September 1 shall sign a statement indicating receipt of such written statement of possible consequences and penalties. 

After two reasonable attempts by the school to secure such signature or signatures, the school shall be considered to be in compliance with this subsection if it sends a copy of the statement, via certified mail, return receipt requested, to such parent, guardian, other person who has control or charge of a child, or children. Public schools shall retain signed copies of statements through the end of the school year. 

Local school superintendents in the case of private schools or home study programs and visiting teachers and attendance officers in the case of public schools shall have authority and it shall be their duty to file proceedings in court to enforce this subpart.

 

EXCUSED ABSENCES

Excused absences are those absences due to the following:

  1. Personal illness and whose attendance may be detrimental to the health of themselves or others.
  2. Illness or death in the immediate family. The excused illness provision applies to the student’s mother, father, step-mother, step-father, or a blood or legal relative who resides in the student’s household. The excused death provision applies to the above relatives or for the student’s brother, sister, grandmother, grandfather, great-grandmother, great-grandfather, aunt, uncle, great-aunt, great-uncle, cousin, niece, or nephew.
  3. Special and recognized religious holidays observed by their faith.
  4. Mandated by the order of a governmental agency (such as jury duty or physical exam for the armed services).
  5. A student whose parent or legal guardian is in military service in the U.S. armed forces or National Guard and such parent has been called to duty for or is on leave from overseas deployment to a combat zone or combat support posting will be granted up to 5 days of excused absences per school year to visit with his or her parent prior to the parent's deployment or during the parent's leave.
  6. A student serving as Page to the Georgia General Assembly with appropriate documentation.
  7. A student in foster care shall be counted present when they attend court proceedings related to their foster care with appropriate documentation.
  8. A student who participates in an activity or program sponsored by 4-H. Upon request from a school principal or the principal's designee, a 4-H representative shall provide documentation as proof of a student's participation in an activity or program sponsored by 4-H.
  9. An absence resulting from students visiting prospective colleges if the student receives approval from the school administers prior to the visitation.
  10. Any other absence not explicitly defined herein but deemed by the Superintendent or designee to have merit based on circumstances and may be a non-school sponsored activity.

 

UNEXCUSED ABSENCES

Unexcused absences are all other absences, which are not defined as excused.

HOSPITAL HOMEBOUND

Students who expect to be absent from school for ten (10) consecutive days for medical reasons or who have a chronic illness should see the school teacher, counselor, or administrator to make an application for the Hospital Homebound program as soon as there is an expectation of such consecutive absences.

 

EXCUSED ABSENCE DOCUMENTATION

Students who are absent from school for excused reasons may have up to a maximum of five (5) absences per year excused by providing a written excuse stating the reason for the absence, signed by the parent or guardian. Additional written parent excuses beyond five (5) will be marked as an unexcused absence. Any absences beyond five (5) per year must be accompanied by medical documentation from a healthcare provider in order to have the absences validated as excused. In the event that funeral/bereavement leave causes a student to miss more than five (5) days per year, a copy of the obituary or verification of funeral attendance should be submitted. All excuses should be submitted within five (5) days of return to school. The excuse must note the reason for the absence.

 

ABSENCES SHALL BE GOVERNED UNDER THE FOLLOWING PROVISIONS

  • Students in grades K-8 who have more than twenty (20) unexcused absences from school may not be promoted to the next higher grade.
  • Students in grades 9-12 who have more than ten (10) unexcused absences from a semester long course or who have more than twenty (20) unexcused absences from a yearlong course will be reviewed by the School Attendance Hardship Committee.
  • For students receiving special education or related services, the Individualized Education Plan Committee shall serve as the School Hardship Committee. The school administration is responsible for initiating the attendance appeal process for the School Attendance Hardship Committee.
  • Students who have been enrolled in an Emanuel County school for only a portion of the school year, as well as students who may be enrolled in courses that are scheduled for less than a full semester shall have attendance requirements and rules appropriately prorated.
  • Students shall be held accountable for work missed due to absences (i.e. excused, unexcused, or suspended).

 

POLICIES AND PROCEDURES TO REDUCE UNEXCUSED ABSENCES

NOTIFICATION

Emanuel County Schools will notify the parent, guardian, or other person in charge of the student when the student has accumulated 5 unexcused absences. The notice will be sent via the

Student, Finalsite, or mail and will outline the possible penalty and consequences of such absences and that each subsequent absence will constitute a separate offense. Prior to any action to commence judicial proceedings to impose a penalty for violating O.C.G.A. § 20-2-690.1 against a parent, guardian or other person residing in this state who has control or charge of a child or children, the school shall notify such parent, guardian, or other person by certified mail, return receipt requested.

 

SCHOOL ATTENDANCE HARDSHIP COMMITTEE

The school administration is responsible for initiating the attendance appeal process for the School Attendance Hardship Committee. A School Attendance Hardship Committee shall be established at each school to review student attendance, grades, and documentation of absences for students who have exceeded the maximum number of allowable absences. The parent and student will be afforded an opportunity, after reasonable notice served personally or by mail, to discuss the attendance appeal process with the School Attendance Hardship Committee and provide any additional documentation.

The School Hardship Committee shall be composed of the following:

  1. Assistant Principal as School Principal designee
  2. One School Guidance Counselor or School System Social Worker (if requested by principal)
  3. One of the student’s academic teachers (appointed by the principal)
  4. One teacher representative for the school (appointed by the principal)

The School Attendance Hardship Committee may grant a waiver to the attendance policy if it deems the student's absences to be beyond the control of the student and the result of some extreme hardship such as severe chronic health problems or a family crisis, as documented.

After reviewing the documentation, the School Attendance Hardship Committee shall make one of the following determinations:

  1. An attendance hardship exists for the student and the attendance policy is waived. If an attendance hardship does exist for a student in grades 9-12, the student’s end-of-course test for each course will be evaluated for a grade of 70 or higher. If the course does not have an end-of-course test, the student will be administered a comprehensive exam to determine if the student has mastered the required objectives of the course. If the student masters seventy percent (70%) of the objectives, then the credit for the course may be awarded. If the student has unexcused absences during the time period for which he or she is seeking a waiver of the attendance, the likelihood of the hardship committee granting a waiver and restoration of credit is greatly diminished. The School Attendance Hardship Committee shall make every effort to maintain the intent and purpose of the attendance policy while making allowances for bona fide hardships, which may affect the future wellbeing of the students.  The results of all School Attendance Hardship Committee meetings will result in a letter mailed home to the primary parent or guardian. 
  2. An attendance hardship does not exist and supports retention or credit denial, the student’s primary parent/guardian will receive a letter informing them of the Student Attendance Hardship Committee’s decision. If the student or his/her parent/guardian disagrees with the decision of the School Attendance Hardship Committee then he/she may appeal that decision to the School Principal.  If the student or his/her parent/guardian disagrees with the decision of the School Principal then he/she may appeal that decision to the Superintendent/Board of Education for a final ruling. This appeal shall be limited to the record before the Attendance Hardship Committee and the role of the board shall only be to determine if the committee has followed the policy and ensure that the committee has not acted arbitrarily or illegally discriminated against a student.

 

*At the high school level, the school may offer opportunities for “absence forgiveness” by offering a credit recovery option. While this may allow students to “recover” a credit denied for previous absences, students shall not be eligible for perfect attendance recognition and their attendance marking will not change.

**Parents should carefully review The Official Code of Georgia (O.C.G.A.) 20-2-690.1 (Abbreviated Version) found on page 9 of the Student/Parent Handbook.