Bill Text: NJ A5051 | 2024-2025 | Regular Session | Introduced
Bill Title: Clarifies public school student attendance recording and reporting requirements.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced) 2024-12-09 - Introduced, Referred to Assembly Education Committee [A5051 Detail]
Download: New_Jersey-2024-A5051-Introduced.html
Sponsored by:
Assemblyman STERLEY S. STANLEY
District 18 (Middlesex)
SYNOPSIS
Clarifies public school student attendance recording and reporting requirements.
CURRENT VERSION OF TEXT
As introduced.
An Act concerning student attendance records, supplementing chapter 38 of Title 18A of the New Jersey Statutes, and amending P.L.1995, c.235 and N.J.S.18A:38-27.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. (New section) A school district shall record a student as present, absent for an excused absence, absent for a State-excused absence, or absent for an unexcused absence on the student's attendance record every day that school is in session.
2. (New section) A student shall be recorded as present pursuant to section 1 of P.L. , c. (C. ) (pending before the Legislature as this bill) if the student participates in instruction or instruction-related activities for at least half a day in session whether the student is physically on school grounds, at an approved off-grounds location, or in a virtual or remote instruction setting pursuant to State Board of Education regulations.
3. (New section) a. A student shall be recorded as absent for an excused absence pursuant to section 1 of P.L. , c. (C. ) (pending before the Legislature as this bill) if the absence is the result of:
(1) the physical health of the student, including the experiencing of symptoms of a menstrual disorder. Menstrual disorders shall include, but are not limited to, dysmenorrhea, endometriosis, menorrhea, and polycystic ovarian syndrome;
(2) the mental or behavioral health of the student;
(3) the student's required attendance in court; or
(4) a death in the family.
b. A student that is absent for an excused absence shall be given the opportunity to make up any schoolwork missed during the absence.
c. Any transcript, application, employment form, or any similar form on which information concerning a student's attendance record is requested shall not indicate, with respect to absences, any excused absence. In making a determination on whether a student has a perfect attendance record for the school year, a school district shall not consider as an absence any excused absence the student may have.
d. The student shall provide to the superintendent or administrative principal of the school district medical documentation; non-medical documentation; or documentation from a parent or guardian of the student to prove the student meets the requirements for an excused absence. Medical documentation shall excuse a student for up to five school days.
e. Notwithstanding subsection d. of this section, if the absence is the result of the mental or behavioral health of the student, the appropriate school support personnel shall meet with the student, review the documentation submitted pursuant to subsection d. of this section, and make a determination on whether the absence qualifies as an excused absence.
4. (New section) a. A student shall be recorded as absent for a State-excused absence pursuant to section 1 of P.L. , c. (C. ) (pending before the Legislature as this bill) if the absence is the result of:
(1) the student's religious observance pursuant to N.J.S.18A:36-14, N.J.S.18A:36-15, and N.J.S.18A:36-16;
(2) participation in observance of Veterans Day pursuant to section 1 of P.L.2015, c.297 (C.18A:36-13.2);
(3) participation in district board of election membership activities pursuant to section 1 of P.L.2001, c.271 (C.18A:36-33);
(4) participation in Take Our Children to Work Day pursuant to State Board of Education regulations;
(5) college visits for students in grades 11 and 12 pursuant to State Board of Education regulations; and
(6) the closure of a busing school district that prevents a student from having transportation to the receiving school pursuant to State Board of Education regulations.
b. A student that is absent for a State-excused absence shall be given the opportunity to make up any schoolwork missed during the absence.
c. Any transcript, application, employment form, or any similar form on which information concerning a student's attendance record is requested shall not indicate, with respect to absences, any State-excused absence. In making a determination on whether a student has a perfect attendance record for the school year, a school district shall not consider as an absence any State-excused absence the student may have.
d. The student shall provide any documentation the superintendent or administrative principal of the school district deems necessary to prove the student meets the requirements for a State-excused absence.
5. (New section) A student shall be recorded as absent for an unexcused absence pursuant to section 1 of P.L. , c. (C. ) (pending before the Legislature as this bill) if the absence is not an excused absence pursuant to section 3 of P.L. , c. (C. ) (pending before the Legislature as this bill) or a State-excused absence pursuant to section 4 of P.L. , c. (C. ) (pending before the Legislature as this bill).
6. (New section) a. For School Report Cards issued pursuant to section 2 of P.L.1995, c.235 (C.18A:7E-2), a school district shall report student attendance in accordance with the categories established pursuant to section 1 of P.L. , c. (C. ) (pending before the Legislature as this bill).
b. Notwithstanding the provisions of subsection a. of this section to the contrary:
(1) an excused absence, as established in section 3 of P.L. , c. (C. ) (pending before the Legislature as this bill), shall be considered an absence for the purpose of chronic absenteeism reporting pursuant to the rules and regulations promulgated pursuant to P.L.2018, c.23 (C.18A:38-25.1 et al.), and any federal reporting requirements pursuant to the "Every Student Succeeds Act," Pub.L. 114-95; and
(2) a State-excused absence, as established in section 4 of P.L. , c. (C. ) (pending before the Legislature as this bill), shall not be considered for purposes of calculating a student's absentee rate pursuant to the rules and regulations promulgated pursuant to P.L.2018, c.23 (C.18A:38-25.1 et al.), and any federal reporting requirements pursuant to the "Every Student Succeeds Act," Pub.L. 114-95.
7. (New section) The Commissioner of Education shall develop and distribute to school districts guidance concerning the reporting of student absences and calculating chronic absenteeism for purposes of complying with the requirements of P.L. , c. (C. ) (pending before the Legislature as this bill).
8. Section 3 of P.L.1995, c.235 (C.18A:7E-3) is amended to read as follows:
3. Report cards issued pursuant to section 2 of P.L.1995, c.235 (C.18A:7E-2) shall include, but not be limited to, the following information for:
a. the school district and for each school within the district, as appropriate:
(1) results of the elementary assessment programs;
(2) results of the Early Warning Test;
(3) results of the High School Proficiency Test;
(4) daily attendance records for students and professional staff , including the number and percentage of student absences disaggregated by excused absences, State-excused absences, and unexcused absences pursuant to the provisions of sections 3 through 5 of P.L. , c. (C. ) (pending before the Legislature as this bill);
(5) student graduation and dropout rates;
(6) annual student scores on the Scholastic Aptitude Test;
(7) total student enrollment, percentage of limited English proficient students, percentage of students in advanced placement courses, and any other school characteristics which the commissioner deems appropriate;
(8) instructional resources including teacher/student ratio, average class size and amount of instructional time per day, as calculated by formulas specified by the commissioner;
(9) a written narrative by the school principal or a designee which describes any special achievements, events, problems or initiatives of the school or district;
(10) data identifying the number and nature of all reports of harassment, intimidation, or bullying;
(11) indicators of student career readiness;
(12) the number and percentage of students who were chronically absent, as defined in rules and regulations promulgated by the [Commissioner of Education] commissioner within 90 days of the effective date of P.L.2018, c.23 (C.18A:38-25.1 et al.), including the number and percentage of students who were chronically absent disaggregated by multiple student subgroups to be determined by the commissioner;
(13) the number, percentage, and demographics, including race, gender, disability, grade level, and eligibility for free or reduced-price lunch under the National School Lunch Program, of students who received one or more suspensions or expulsions or who were reported to or arrested by law enforcement, by category of offense, pursuant to the provisions of the Uniform State Memorandum of Agreement Between Education and Law Enforcement Officials; [and]
(14) the number of school psychologists, school counselors, social workers, student assistance coordinators, and other mental health professionals employed by, or under contract with, the school district to provide mental health services to students, and the ratio of students to the total number of mental health professionals providing services in the school and the district; and
(15) the number of school safety specialists; and
b. the school district, as appropriate:
(1) per pupil expenditures and State aid ratio;
(2) percent of budget allocated for salaries and benefits of administrative personnel;
(3) percent of budget allocated for salaries and benefits of teachers;
(4) percentage increase over the previous year for salaries and benefits of administrative and instructional personnel;
(5) the number of administrative personnel and the ratio of administrative personnel to instructional personnel;
(6) a profile of the most recent graduating class concerning their educational or employment plans following graduation; and
(7) any other information which the commissioner deems appropriate.
For the purposes of this section, the [Commissioner of Education] commissioner shall establish a uniform methodology for the reporting of the data concerning administrative personnel on a full-time equivalent basis.
(cf: P.L.2021, c. 387, s.1)
9. N.J.S.18A:38-27 is amended to read as follows:
18A:38-27. Any child between the ages of six and 16 years who [shall] is repeatedly [be] absent from school for an unexcused absence, as defined in section 5 of P.L. , c. (C. ) (pending before the Legislature as this bill), and any child of [such age] those ages found away from school during school hours whose parent, guardian, or other person having charge and control of the child is unable to cause [him] the child to attend school and any pupil who is incorrigible, actually vagrant, vicious, or immoral in conduct, shall be deemed to be a juvenile delinquent and shall be proceeded against as [such] a juvenile delinquent.
(cf: N.J.S.18A:38-27)
10. This act shall take effect 180 days following the date of enactment, but shall remain inoperative until the first day of the first full school year following the effective date. The Commissioner of Education may take any anticipatory action necessary for the implementation of this act.
STATEMENT
This bill clarifies public school student attendance recording and reporting requirements for State and federal accountability purposes.
Under the State Board of Education's regulations, students are required to be recorded as present, absent, or excused for a State-excused absence. The six State-excused absences include: 1) a student's religious observance; 2) participation in observance of Veterans Day; 3) participation in district board of election membership activities; 4) participation in "Take Our Children to Work Day"; 5) a certain number of college visits for students in grades 11 and 12; and 6) a closure of a busing school district that prevents a student from having transportation to a receiving school. Under current law, absences based on a student's physical and mental health are not recognized as excused absences.
Pursuant to New Jersey's federally approved Every Student Succeeds Act (ESSA) State Plan, the Department of Education is required to report on chronic absenteeism as an indicator of school quality. Under the ESSA State Plan and current regulations, State-excused absences do not count toward the 10 percent of days missed before a student is considered "chronically absent."
This bill clarifies that students are to be recorded on the student's attendance record as present, absent for an excused absence, absent for a State-excused absence, or absent for an unexcused absence.
Under the bill, a student is to be recorded as absent for an excused absence for:
(1) the physical health of the student, including the experiencing of symptoms of a menstrual disorder;
(2) the mental or behavioral health of the student;
(3) the student's required attendance in court; or
(4) a death in the family.
Under the bill, an excused absence, like a State-excused absence, cannot be used to exclude a student from any awards or recognition on the basis of attendance. As an excused absence, students are required to be given the opportunity to make up any school work that was missed during the absence. In order to have the absence recognized as an excused absence, the student is required to submit medical documentation, non-medical documentation, or documentation from a parent or guardian of the student to prove the student meets the requirements for an excused absence. Medical documentation is to excuse a student for up to five school days. If the student's absence is the result of the mental or behavioral health of the student, appropriate school support personnel are to meet with the student, review the documentation submitted, and make a determination on whether the absence qualifies as an excused absence.
This bill requires the Commissioner of Education to develop guidance concerning the reporting of student absences and calculating chronic absenteeism.
Additionally, this bill requires the school district to report student attendance pursuant to the categories established by the act for School Report Cards. The bill clarifies that for purposes of chronic absenteeism reporting, excused absences, as established in this bill, are to be considered absences and counted towards a student's absentee rate. State-excused absences are not to count for purposes of calculating a student's absentee rate.
Finally, the bill clarifies that unexcused absences are considered in determining whether a student is truant.
