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Open Enrollment & Habitual Truancy. Department of Public Instruction Open Enrollment Technical Assistance Workshops November & December 2012. 2009 Wisconsin Act 304. A nonresident school board may: Deny open enrollment If the pupil was habitually truant,

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open enrollment habitual truancy

Open Enrollment & Habitual Truancy

Department of Public Instruction

Open Enrollment Technical Assistance Workshops

November & December 2012

2009 wisconsin act 304
2009 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.
  • 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. § 118.15.
habitual truancy
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.
guidelines for implementation
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
open enrollment policy
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.
truancy attendance policy
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
prior notification of the open enrollment consequences of truancy
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.
notifications of absences truancy
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. § 118.16 (2) (cg), even if the board intends to terminate OE.
the record of the decision if appealed
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.

Open Enrollment Staff and Resources:Mary Jo Cleaver, Open Enrollment ConsultantJennifer Danfield, Open Enrollment Education SpecialistRobert Soldner, Director, School Management ServicesDepartment of Public InstructionP.O. Box 7841Madison, WI 53719888-245-2732openenrollment@dpi.wi.govweb site: