Habitual Truancy, Failure to Participate (Virtual Charter Schools) and Expulsion

 

Truancy, failure to participate (virtual charter schools) and expulsion can limit a pupil’s ability to open enroll and may even result in termination of the pupil’s open enrollment. 

 

Habitual Truancy

A nonresident school district may deny a pupil’s open enrollment if that pupil was habitually truant from that district in any semester of the current or preceding school year. The nonresident district may not deny open enrollment based on the pupil’s truancy from another school district.

A nonresident district may terminate a pupil’s open enrollment in the succeeding semester or school year if the pupil is habitually truant during either semester in the current school year.

Habitual Truant means a pupil who is absent from school without an acceptable excuse for part of all of 5 or more days on which school is held during a semester. 

Truancy means any absence of part of all 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 the compulsory school attendance law.

 

Failure to Participate (Virtual Charter School)

Whenever a pupil attending a virtual charter school fails to respond appropriately to a school assignment or directive from instructional staff within 5 school days, the virtual charter school must notify the pupil’s parent or legal guardian.

The third time in the same semester that a pupil fails to respond appropriately to a school assignment or directive from instructional staff within 5 school days, the virtual charter school must also notify the nonresident district, the pupil’s resident district and the DPI. The nonresident district may terminate the pupil’s open enrollment.

If the pupil’s parent notifies the virtual charter school in writing before the assignment or directive that the pupil will not be available to respond to the assignment or directive during a specified period, not to exceed a total of 10 days during a school year, the school days during that period do not count against the 5 school days. The pupil must complete any assignments missed during that period. 

 

Expulsion

An expelled pupil is not prohibited from participating in the open enrollment program. An expelled pupil may apply to open enrollment and, if a nonresident school district approves the application, the resident district may not deny the open enrollment on the basis of the pupil’s expulsion.

However, a pupil who is currently expelled or has been expelled during the current or preceding school year may be denied open enrollment, as follows:

  • A nonresident district may deny an application from any pupil who is currently expelled and whose expulsion extends into the following school year.
     
  • A nonresident district may deny an application from a pupil who has been expelled during the current or preceding two school years (even the pupil has since been permitted to return to school in the district that expelled the pupil) if the expulsion was based on one of the following:
    • Conveying or causing to be conveyed any threat or false information concerning an attempt or alleged attempt being made or to be made to destroy any school property by means of explosives.
    • Engaging in conduct while at school or while under supervision of a school authority that endangered the health, safety or property of others.
    • Engaging in conduct while not at school or while not under the supervision of a school authority that endangered the health, safety or property of others at school or under the supervision of a school authority or of any employee of the school district or member of the school board.
    • Possessing a dangerous weapon, as defined in s. 939.22 (10), while at school or while under the supervision of a school authority.
       
  • A nonresident district may deny an application from a pupil who is the subject of a pending disciplinary proceeding based on any of the above criteria.
     
  • A nonresident district may revoke an approval of a pupil’s application if, after approving the application and any time before the beginning of the school year in which the pupil will first attend under open enrollment, the nonresident district determines that the pupil has been expelled or is the subject of a pending disciplinary proceeding based on any of the above criteria.
     
  • Parent Brochure: My Child Has Been Expelled...Now What?
  • Virtual Charter Schools that will Consider Expelled Students, 2013-2014
  • Información para los padres de familia:  Mi hijo ha sido expulsado… ¿Y ahora qué?

 

 

For questions about this information, contact
Contact: 
Jennifer Danfield (608) 264-6707