Parental responsibility; excuse for absence

17 V.I.C. § 86 — under School Attendance.

17 V.I.C. § 86

(a) Parents and guardians shall be held responsible for the regular and punctual attendance of children at school in clean and decent apparel.

(b) As used in this title, a person in parental relation to a minor shall include his father or mother, by birth or adoption, his legally appointed guardian, or his custodian. A person shall be regarded as the custodian of a minor if he has assumed the charge and care of the minor because its parents or legally appointed guardian have died, or are in prison, insane, committed to an institution, or because they have abandoned or deserted the minor, or are living outside this jurisdiction, or their whereabouts are unknown.

(c) A student’s absence or tardiness may be either excused or unexcused.(1) An excused absence is the non-appearance of an enrolled student on a regularly scheduled school day for any of the following reasons:(A) Student’s health, including medical appointments for which the school administration may require medical certification for frequent health-related absences;(B) Approved school activities, including field trips and sporting events;(C) Suspension;(D) Failure of the school district to provide required transportation to school;(E) Funeral, death, or serious illness in the immediate family;(F) Court appearance;(G) Religious holidays;(H) Documented college visits; or(I) An extraordinary circumstance approved by the principal.(2) An unexcused absence is the non-appearance of an enrolled student on a regularly scheduled school day for any reason that is not accepted as an excused absence under paragraph (1).

(1) An excused absence is the non-appearance of an enrolled student on a regularly scheduled school day for any of the following reasons:(A) Student’s health, including medical appointments for which the school administration may require medical certification for frequent health-related absences;(B) Approved school activities, including field trips and sporting events;(C) Suspension;(D) Failure of the school district to provide required transportation to school;(E) Funeral, death, or serious illness in the immediate family;(F) Court appearance;(G) Religious holidays;(H) Documented college visits; or(I) An extraordinary circumstance approved by the principal.

(A) Student’s health, including medical appointments for which the school administration may require medical certification for frequent health-related absences;

(B) Approved school activities, including field trips and sporting events;

(C) Suspension;

(D) Failure of the school district to provide required transportation to school;

(E) Funeral, death, or serious illness in the immediate family;

(F) Court appearance;

(G) Religious holidays;

(H) Documented college visits; or

(I) An extraordinary circumstance approved by the principal.

(2) An unexcused absence is the non-appearance of an enrolled student on a regularly scheduled school day for any reason that is not accepted as an excused absence under paragraph (1).

(d) Before an absence or tardiness is excused, a principal, teacher, attendance counselor, truancy officers, or other designated school officials may require that the reasons given for the absence or tardiness be substantiated by statements of a physician, dentist, nurse, or any other authoritative person.

(e) When a principal or other designated school official determines that a student’s absence is unexcused, the procedures established in this subsection must be followed.(1) After the student has had one unexcused absence in a calendar month, the school shall inform the parent of the absence in writing or by phone.(2) After the student has had two unexcused absences in a calendar month, the school shall initiate a parent conference to identify potential remedies to improve the student’s attendance.(3) No later than the student’s fifth unexcused absence in a calendar month, the parent and school shall enter into a written agreement that establishes school attendance requirements and provides for other appropriate actions to reduce the student’s absences, and the parent shall complete a parenting education program offered or operated by the school district, a social services agency, medical institution or other established community resource.(4) After a student’s seventh unexcused absences in a calendar month, or tenth unexcused absences in an academic school year, the district superintendent may file a truancy complaint with the Family Division of the Superior Court of the Virgin Islands pursuant to 5 V.I.C. chapter 201, subchapter III.

(1) After the student has had one unexcused absence in a calendar month, the school shall inform the parent of the absence in writing or by phone.

(2) After the student has had two unexcused absences in a calendar month, the school shall initiate a parent conference to identify potential remedies to improve the student’s attendance.

(3) No later than the student’s fifth unexcused absence in a calendar month, the parent and school shall enter into a written agreement that establishes school attendance requirements and provides for other appropriate actions to reduce the student’s absences, and the parent shall complete a parenting education program offered or operated by the school district, a social services agency, medical institution or other established community resource.

(4) After a student’s seventh unexcused absences in a calendar month, or tenth unexcused absences in an academic school year, the district superintendent may file a truancy complaint with the Family Division of the Superior Court of the Virgin Islands pursuant to 5 V.I.C. chapter 201, subchapter III.

(f) No punitive action, including out of school suspensions, expulsions, or court action, may be taken against a student for truancy unless available supportive services and other school resources have been provided to the student.