topleft CSBA.org >  Services >  Governance Technology > 

Sweetwater Un HSD |  BP  5112.1  Students

Exemptions From Attendance   

arrow Previous bar Next arrow

Each child between the ages of 6 and 18 shall be subject to compulsory full-time education. (Education Code 48200)

However, the Board of Trustees may grant exemptions from compulsory attendance to a student as allowed by law and in the best interest of the student. Exemptions shall not be used to remove a student who is a disciplinary problem.

(cf. 5111 - Admission)

(cf. 5112.2 - Exclusions from Attendance)

(cf. 5112.3 - Student Leave of Absence)

(cf. 5113.2 - Work Permits)

(cf. 5144 - Discipline)

(cf. 5144.1 - Suspension and Expulsion/Due Process)

(cf. 6158 - Independent Study)

(cf. 6183 - Home and Hospital Instruction)

Parents may not withhold a student's attendance from school without approval of a formal request for exemption from compulsory full-time attendance based upon satisfactory evidence of conditions upon which such exemption can be legally and professionally justified.

Students Who May Be Exempted

1. Those between the ages of 12 and 18 who enter the district's attendance area within 10 days prior to the end of the school term.

2. Those being instructed in a private full-time day school.

3. Those being instructed by a private tutor under conditions specified by law.

4. Those who have graduated from a public or private high school maintaining a four-year course above the 8th grade.

5. Those who have successfully demonstrated proficiency equal to or greater than standards as established by the State Department of Education and have verified approval submitted by their parent(s)/guardian(s).

6. Those whose physical or mental condition is such as to prevent or render inadvisable attendance at school or application to study.

7. Those assigned to vocational courses or regional occupational programs in lieu of regular school attendance as specified by law.

8. Minors who are regularly employed: Such students may be exempted from full-time day school, but must attend part-time classes

Exemptions Not Allowed

In no case shall exemption be employed as a punitive measure to remove students who pose disciplinary problems to staff. Suspension, expulsion, transfer to alternative programs and other administrative avenues are available for such purposes.

Request Exemption

1. If a condition listed above under Students Who May Be Exempted, exists there is legal basis for an exemption from compulsory full-time school attendance. Parent(s)/guardian(s) or individual students who have been declared "emancipated", may request such exemption by completing the application section (upper portion of the Exemption Request and Report Form).

2. The signature of the parent(s)/guardian(s) or the "emancipated" student shall constitute formal affirmation that the information presented in justification of the request is, to the best knowledge of the application, true.

3. The principal, with input for district office staff and/or community agencies, as necessary, after conferring with the request as quickly as possible indicating all steps taken or reaching a decision by completing the report section (lower portion) of the Exemption Request and Report Form.

4. Different reason(s) presented by applicants in justification of requests for exemption necessitate different approaches in processing the requests as outlined in below.

Procedures to be followed in Processing Request for Exemption

1. Partial Attendance (Minimum Day)

a. Partial-day or minimum day attendance may be authorized by the principal where it is deemed appropriate to relieve stress on both the student and the classroom and/or when the student is deemed unable to benefit from a full day school program because of physical or mental-emotional condition.

b. The following conditions shall be met before partial (minimum day) attendance is authorized:

(1) A formal request is submitted by the parent(s)/ guardian(s) or

(2) A recommendation is formulated in a conference involving the principal, the district psychologists, the student's teacher and, where appropriate, the school nurse; and written agreement with the recommendation is obtained from the parent(s)/ guardian(s)

2. Entrance into district near the end of school term, attendance in private full-time day school, instruction by private tutor, graduation from public or private high school and/or successfully demonstrated proficiency.

a. Exemptions may be authorized by the principal upon verification of facts supporting formal request for exemption submitted by parent(s)/guardian(s).

b. Services of the Supervisor of Attendance and Student Welfare may be requested in verifying date submitted in support of such requests for exemption.

3. Physical or mental conditions that prevent make attendance at school inadvisable.

a. Exemptions may be authorized by the principal upon formal request by parent(s)/guardian(s) and presentation to the principal or his/her designee of justifying evidence.

b. The principal may convene a committee consisting of the principal or his/her designee, a school psychologist, one or more teachers who know the student and such other persons deemed appropriate to analyze the evidence submitted by the parent(s)/guardian(s) and conferencing parent(s)/guardian(s) to ensure that all feasible alternatives have been identified, examined, and, where appropriate, have been utilized.

4. Participation in vocational course or regional occupational programs and/or holding valid work permit.

a. Exemptions may be authorized by the principal upon formal request by parent(s)/guardian(s) with evidence that criteria on which such exemption can be authorized has been met.

b. Services of the Supervisor of Student Welfare and Attendance may be requested in verifying facts upon which a request for exemption is based.

Administrative Review and Reporting Action Taken Regarding Exemptions

1. The principal shall forward a report of any request for exemption authorized and/or rejected within five school days after taking action, to the Director of Student Support Services for review.

2. The Director of Student Support Services shall examine all such reports and, where interest of the student and/or welfare of other students with whom the subject comes in contact warrant further examination, shall convene an administrative panel to reconsider the request and make a recommendation for confirmation or reversal of the action taken by the principal.

a. The panel shall be constituted and proceed in accordance with and implementing regulations.

b. In no case shall the panel meet to consider an exemption request unless the parent(s)/guardian(s) submitting the request is present or waives the right to attend.

c. Upon completion of deliberations, the panel shall submit its recommendation for confirmation or reversal or action taken by the principal on the request for exemption to the Director of Student Support Services.

d. The final authority for granting/rejecting a request for exemption reviewed by the panel and responsibility for advising all parties concerned of his/her decision rests with the Director of Student Support Services.

3. Periodically, the Director of Student Support Services, shall submit a report to the Board regarding exemptions granted/rejected. Such report shall include for each case:

a. Chronological history and analysis of the data.

b. Reasons for action taken.

c. Conditions and time sequence for review.

d. Certification that parent(s)/guardian(s)/caregiver(s) have signed statement indicating full knowledge, if not full support, of action taken.

Periodic Review/Revocation of Exemptions

1. All exemptions shall be reviewed at least annually in accordance with law and reconfirmed or rejected as appropriate.

2. Reconfirmation of an exemption must be based upon the parent(s)/guardian(s) request for continuing a previously authorized exemption and certification that conditions upon which exemption was originally granted still exists.

3. An exemption shall be automatically revoked if and when the circumstances upon which the exemption was authorized no longer exist, or in the case of physical or mental conditions, at any time the parent(s)/guardian(s) feel the exemption is no longer in the best interest of the student.

Legal Reference:

EDUCATION CODE

33190 Affidavit by persons conducting private school instruction

46113 Minimum schoolday for grades four through eight

48200-48341 Compulsory education law

48400-48454 Compulsory continuation education

48800.5 Petition for enrollment as special full-time student

LABOR CODE

1295.5 Employment of minors; performance of sports-attending services

1390-1399 Employment of minors

UNITED STATES CODE, TITLE 20

1681-1688 Title IX, Discrimination

UNITED STATES CODE, TITLE 29

794 Section 504 of the Rehabilitation Act of 1973

CODE OF FEDERAL REGULATIONS, TITLE 34

106.40 Marital or parental status

COURT DECISIONS

Thomas v. Atascadero Unified School District, (1987) 662 F.Supp. 342

Policy SWEETWATER UNION HIGH SCHOOL DISTRICT

adopted: November 17, 2008 Chula Vista, California