Policy 5.187

Truancy

1. Purpose.-- The Superintendent and designees shall be responsible for endeavoring to prevent student absences unauthorized by law; reporting truancy to appropriate authorities; and filing truancy petitions pursuant to § 1003.27, Fla. Stat.

2. Definitions.-- As used in this Policy, these terms shall be defined as follows:

   1. "Absence" means not being actually present when attendance is checked, unless the student arrives within time to be marked "tardy" instead of absent. Pupils may not be counted in attendance while away from the school on a school day unless they are engaged in an educational activity which constitutes a part of the school-approved instructional program.

   2. "Excused absence" is defined as in Board Policy 5.09.

   3. "Unexcused absence" is defined as in Board Policy 5.09.

   4. "Habitual truancy," under §§ 1003.012(8), 984.03(27), and 985.03(25), Fla. Stat., means:

      1. the child is subject to compulsory school attendance under § 1003.21(1), (2)(a), Fla. Stat.;

      2. the child is not exempt under §§ 1003.21(3) or 1003.24, Fla. Stat., or any other exemptions specified by law or the rules of the State Board of Education;

      3. the child has fifteen (15) unexcused absences within 90 calendar days with or without the knowledge or justifiable consent of the child's parent or legal guardian; and

      4. activities to determine the cause and to attempt the remediation of the child's truant behavior have been completed under §§ 1003.26 and 1003.27, Fla. Stat.

   5. "Subject to compulsory attendance" refers to minors who have attained at least the age of six years (or who will have attained the age of six by February 1 of that school year), who are required by law to attend school regularly unless an exemption or exception is applicable under Chapter 1003, Fla. Stat.

3. Reporting Requirements

   1. Each principal/designee shall notify the School Board, through the Superintendent, of each minor student who accumulates fifteen (15) or more unexcused absences within a period of ninety (90) calendar days. The truancy liaisons will send a copy of the report with the names of all students who accumulate fifteen (15) or more unexcused absences within a period of ninety (90) calendar days, monthly, by school, to the principal, the area superintendent, and the director of Supplemental Educational Services.

   2. The Superintendent shall provide to the Department of Highway Safety and Motor Vehicles the legal name, sex, date of birth, and social security number of each minor who has been reported to the Board under paragraph (3)(a), as required by § 322.091, Fla. Stat.

4. Discretionary Petitions.-- After the school has complied with the intervention requirements of § 1003.26, Fla. Stat., the Superintendent may file a truancy petition using the procedures outlined in § 984.151, Fla. Stat., whenever a student who is subject to compulsory attendance has had:

   1. five (5) or more unexcused absences (as defined in Policy 5.09), or absences for which the reasons are unknown, within a calendar month; or

   2. ten (10) or more unexcused absences, or absences for which the reasons are unknown, within a 90-calendar-day period pursuant to § 1003.26(1)(b), Fla. Stat.

5. Mandatory Petitions.-- After the school has complied with the intervention requirements of § 1003.26(1)(b), Fla. Stat., the Superintendent/designee shall take one of the following actions in all cases of habitual truancy, in accordance with § 1003.27(3), Fla. Stat.:

   1. File a truancy petition using the procedures outlined in § 984.151, Fla. Stat.; or

   2. File a child-in-need-of-services petition using the procedures outlined in Chapter 984, Fla. Stat., and refer the habitually truant student and the student's family to the children-in-need-of-services and families-in-need-of-services provider or case staffing committee as determined by a cooperative agreement between the School Board, the Department of Juvenile Justice, and the Department of Children and Families, as provided in § 1003.27(4) ), Fla. Stat.

6. Relationship of Truancy and Passing a Grade Level.-- The Board recognizes that §§ 984.03(27) and 985.03(25), Fla. Stat., require a student to be passed to the next grade, and do not permit deeming the child habitually truant, as long as he/she is appropriately responsive to the interventions described in §§ 1003.26 and 1003.27, Fla. Stat. and has completed the necessary requirements to pass the current grade as indicated in the current District Student Progression Plan. However, the Superintendent is not obligated to wait until the end of the year to see if the child will pass to the next grade, before filing a petition as described in Section (5) and (6). Such petition may be filed at any time during the school year as long as the school has complied with the intervention requirements of §§ 1003.26 and 1003.27, Fla. Stat.

7. School Discipline.-- Under § 1006.09, Fla. Stat., a student who is required by law to attend school will not be suspended solely for having unexcused tardiness, absences, or truancy. However, once a student subject to compulsory attendance arrives at school, the school may take disciplinary measures for unauthorized actions such as the following:

   1. leaving the campus without authorization;

   2. being temporarily absent from class without appropriate permission; or

   3. failing to attend specific classes.