M E M O R A N D U M

TO: Whom It May Concern

FROM: Gaylon Nettles, State Attendance Officer

Kevin McDowell, Legal Counsel

RE: Guidelines for Attendance Accountability

DATE: September 22, 1993

1. Students in school when the school is in session

are in attendance. [See IC 20-8.1-3-17(d)]

2. A student is considered "attending school" in a

school corporation when:

1) the student is confined by handicap or

other disability to a place outside the

school corporation's facilities and receives

instruction from school corporation

personnel;

2) the student attends a special or

vocational education school in which the

school corporation of the student's legal

settlement provides cooperatively a portion

of the cost; or

3) the student is in another similar

situation. [See IC 20-8.1-1-7.2]

3. According to 511 IAC 7-12-4(a) (Rules of the State

Board of Education): Students with special health

problems, temporary illnesses, or injuries that preclude

their attendance in school shall be provided with

instruction in the home, in the hospital or at another

site at the election of the school

corporation...Homebound instruction shall be provided

for:

1) students with disabilities who are

eligible for special education; and

2) students who are not eligible for special

education but who are temporarily disabled

due to illness or injury and to whom the due

process procedures for special education do

not apply.

Note that the parent must provide a physician's statement

stating that the student will, or is likely to, miss 20

consecutive or aggregate days [511 IAC 7-12-4(b)].

Homebound students are counted "in attendance". This

regulation does not permit a school to wait until twenty

(20) instructional days have elapsed before providing

educational services.

4. Indiana Code 20-8.1-7-8 reads: "If a child is ill,

has a communicable disease, or is infected with

parasites, the school principal may send the child home

with a note to the child's parent or guardian. The note

must describe the nature of the illness or infestation

and, if appropriate, recommend that the family physician

be consulted." Educational services to these children

should be continued. Children may be counted "in

attendance." [See paragraph 3]

5. Children not in school as a result of a temporary

or permanent health problem may be covered by Section 504

of the Rehabilitation Act of 1973 and Title II of the

Americans with Disabilities Act. The Section 504

Coordinator for the school corporation will facilitate

that determination. Children considered impaired under

Section 504 and receiving educational services while not

at the school building are considered "in attendance".

[See IC 20-8.1-1-7.2]

6. Service as a page for or as an honoree of the

Indiana General Assembly constitutes a lawful excuse for

a pupil to be absent from school. For each day of page

service or as an honoree of the Indiana General Assembly,

verified by the certificate of the Secretary of the

Senate or the Chief Clerk of the House of

Representatives, a student excused from school attendance

under this subsection shall not be recorded as being

absent on any date for which the excuse is operative, nor

shall the student be penalized by the school in any

manner. This section applies to all pupils, whether they

attend public, private, or parochial schools. [See IC

20-8.1-3-18(a)]

7. The governing body of each school corporation and

the chief administrative official of each private

secondary school system shall authorize the absence and

excuse of each secondary school student who serves on the

precinct election board or as a helper to a political

candidate or to a political party on the date of each

general, city or town, special, and primary election at

which the student works. Prior to the date of the

election, the student must submit a document signed by

one (1) of the student's parents or guardians giving

permission to participate in the election as provided in

this section, and the student must verify to school

authorities the performance of services by submitting a

document signed by the candidate, political party

chairman, campaign manager, or precinct officer. The

document must describe generally the duties of the

student on the date of the election. A student excused

from school attendance under this subsection shall not be

recorded as being absent on any date for which the excuse

is operative, nor shall the student be penalized by the

school in any manner. [See IC 20-8.1-3-18(b)]

8. The governing body of each school corporation or

the chief administrative officer of each private school

system shall authorize the absence and excuse of a

student who is issued a subpoena to appear in court as a

witness in a judicial proceeding. A student excused

under this subsection shall not be recorded as being

absent on any date fore which the excuse is operative,

nor shall the student be penalized by the school in any

manner. The appropriate school authority may require

that the student submit the subpoena to the appropriate

school authority for verification. [See IC 20-8.1-3-

18(c)] Legal counsel for the Indiana Department of

Education have indicated that any valid court order

should be treated as a subpoena.

9. The governing body of each school corporation or

the chief administrative officer of each private school

system shall authorize the absence and excuse of each

secondary school student who is ordered to active duty

with the Indiana National Guard for not more than ten

(10) days in a school year. For verification, the

student must submit to school authorities a copy of the

orders to active duty and a copy of the orders releasing

the student from active duty. A student excused from

school attendance under this subsection shall not be

recorded as being absent on any date for which the excuse

is operative, nor shall the student be penalized by the

school in any manner. [See IC 20-8.1-3-18(d)]

10. Students are considered in attendance for an

instructional day when on an adjusted school schedule in

accordance with the resolution of the Indiana State Board

of Education adopted October 6, 1988. (See memorandum

"Instructional Year 199301994" dated July 30, 1993.)

11. Students who are eligible for special education are

considered in attendance for an instructional day when

their schedules are adjusted pursuant to the students'

respective individualized education program ("IEP").

[511 IAC 7-13-2(b), 511 IAC 7-13-3(b)]