Understanding Truancy Procedures
What is the law regarding Truancy?
According to Kentucky law (KRS 159.150), students are considered habitually truant on the sixth (6) unexcused event, which includes both being absent or tardy.
How many parent notes are allowed?
Students may submit a signed note from their parent/guardian to excuse an absence/tardy. Students may use up to three (3) of these notes per semester, for a total of six (6) per school year. These notes will only excuse sixevents.For example, if a student misses two days due to illness and returns with a note from parent/guardian,they have used two of the total six days. NOTE—once a student enters the court system, it is at the discretion of the court as to whether parent excuses will be allowed.
What about student illness after the six parent notes have been used?
Any absence beyond the six (6) events due to illness must be verified by a doctor's statement in order to be considered excused. Once a student reaches ten (10) doctor excuses, they must obtain and fill out a new excuse form. This Medical Excuse form will then be required from each event on.
Will the school excuse my parent notes in all cases?
Not necessarily. The principal of each school must read the excuse and has the authority to say whether it should be excused or not.
What is the actual definition of truancy?
Any child who has been absent from school for three(3) days or tardy on three (3) days without valid excuse is truant. Those who reach 6 are habitual truants, and can be turned over to the court.
Do suspensions count as unexcused?
Yes. According to the law, suspensions do count as unexcused absences and can contribute to a student’s truancy.
What are Cumberland County's procedures for dealing with truancy?
After 2 unexcused events, the school will be sending a note home to notify parents.
After 3 unexcused events
CCHS—Truancy Diversion Team meets with student, invites parent to meeting
CCMS—the school will meet with the student
CCES—the school administration will call the parent
After 4 unexcused events, the school will send a second note home to parents. At CCHS and CCMS, the parent will also be called for a discussion.
After 5 unexcused events, a home visit and final notice will take place.
After 6 unexcused events, students and/or parents can be turned over to the court system. (Students 18 and over will be turned over to the county attorney. Students between 12 and 17 will be turned over to the Court Designated Worker. Students age 11 and under—the parents may be charged in district court.)
What if I am not home when a home visit attempt is made?
The final notice will be taped to a door at the home, or mailed via certified mail.
What happens if a student continues to miss more days unexcused after the final notice has been given?
Once the final notice has been given, the parent/guardian and the student should work together to ensure no more unexcused absences. If the student continues to miss, the student and parent will be turned over to court officials. If a child is under 12, the parents can be charged in district court.
What happens if a student has unexcused events at the end of the school year? Can they be turned in over the summer?
The law has guidelines that include a calendar year for truancy, not just a school year. So, absences CAN carry over into the next school year, causing them to be charged in August (per se) if they continue to have unexcused events as the new school year begins.
What does the Court Designated Worker (CDW) do?
The Court Designated worker’s job, as it relates to truancy, is to process the Habitual Truancy complaint and handle it according to statewide criteria. A state criterion determines if a juvenile is eligible for informal processing (diversion) or if the juvenile must go to formal court. If the juvenile is eligible for diversion, they will work directly with the Court Designated Worker for a period of no more than 6 months. The terms of the diversion are agreed upon by the CDW and the juvenile during the Diversion Conference. If a juvenile enters into a diversion agreement and violates those terms of that agreement, the complaint can be forwarded to Juvenile Court for formal processing. *The Mission of Court Designated Workers: To reduce delinquency among Kentucky’s youth through a collaboration of statewide pre-court services and programs that promote education and accountability.
It is the wishes of the Cumberland County Schools that oncea final notice is given, students will not have anymore unexcused absences.If this is the case, no further steps will be taken.