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

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. §

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. § (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 Consultant Jennifer Danfield, Open Enrollment Education Specialist Robert Soldner, Director, School Management Services Department of Public Instruction P.O. Box 7841 Madison, WI web site: