Compulsory Student Attendance In a Virtual/Hybrid World

by Attorneys Robert Burns and Abby Tilkens, Davis & Kuelthau, s.c.

Wisconsin’scompulsory school attendance law requires that any person having control of a child who is between the ages of six and 18 must cause the child to attend school regularly, unless the child is excused in accordance with state law. Prior to the COVID-19 pandemic, student attendance was recorded without too much afterthought. Now, administrators across the state are creating or adapting tonew systems to record student attendance in the virtual and hybrid world. If the students are “attending” via full virtual learning, attendance tracking is much different. If students are in a hybrid mode, schools may be able to rely on prior tracking methods for part of the time but still need to address virtual days. To address the impact of Covid 19 on student learning and attendance, in October, 2020, DPI released recommendations forReporting Student Attendance in Different Learning Environments.

Given the ever-changing movement between virtual and in-person learning across the state, it is more difficult than ever to ensure students are attending school, either virtual or in person, and meeting theirattendance requirements. As a result,districts are observing higher than normal student attendance issues. Below is a brief overview of the main concepts relating to student attendance.

As stated above, Wisconsin statutes require all students to attend school from the ages of 6 and 18 years old. The statutes provide a number of exceptions to this requirement, including the following:

· Students may be excused if the child is participating in a curriculum modification;

· Students may be excused if they are attending a high school equivalency program;

· Students may be excused if they are attending a technical school program, school work training or work study program.

These are not all the exclusions available. Students are also excused from school if the student is not in a proper physical or mental condition to attend school but can be expected to return upon termination or abatement of the illness or condition. This exclusion requires proper documentation from a licensed health care provider and is only valid for a period not to exceed 30 days.

Additionally, students may be excused in writing by their parents before an absence. However, a student may not be excused under this provision for more than ten days in a school year.

However, if none of the above situations apply, and the student is not participating with school, the student is considered truant. Pursuant toWisconsin Statute §118.16, truancy occurs if the student misses part or all of one or more days from school without a valid absence excuse. A student becomes habitually truant if the student is absent for part or all of five or more days during a school semester.

While the state statutes may appear relatively straightforward, many administrators might miss out on the ability to enforce truancy if they do not have properpolicies and protocols in place. This is especially important during the COVID-19 pandemic when administrators and staff do not always have the luxury of seeing students in person daily. Communication between teachers who note missing students during virtual sessions and reporting the absences to administration will be critical in enforcing attendance.

Administrators may rely on their policies when considering action as to student absences. Administrators must communicate with parents/guardians and provide notice of the student’s truancy and/or habitual truancy. This parental notice typically is delivered via certified mail and must include the following: (1) a statement of the responsibility a parent/guardian has to ensure his/her child attends school regularly; (2) a statement that the parent/guardian may request program or curriculum modifications and may be eligible for a program for children at risk; (3) a request to meet with appropriate school personnel to discuss the student’s truancy; and (4) a statement of penalties that could be imposed on the parent/guardian if the student does not attend school regularly.

Pursuant to the parental notice above, the purpose of the administrator’s request to meet with the parents and student is to discuss the unexcused absences and create a plan to address the truancy. These meetings are opportunities for the parents and administrators to openly communicate and determine what and how the school can assist the family and get the student back to school. While COVID-19 has made in person meetings difficult, depending on the situation, the administrators could offer virtual options to meet and address the student’s truancy.

During these unusual times, it is even more important for the administrators and parents to work together to solve attendance concerns. Many schools are already seeing higher rates of student mental health concerns. Monitoring attendance is one way to ensure students are still engaging in school, regardless of the type of learning. Depending on whether the school is in person, hybrid or virtual, the administrators may create additional opportunities to monitor the student’s attendance and consider multiple daily attendance checks. For example, administrators can coordinate with staff to create different opportunities for student check-in if the student is at risk for habitual truancy. This could include scheduled check-ins with students and staff, virtual sign-ins, and attendance checks during multiple periods of the school day.

Last, administrators should work together with teachers and create a plan for student attendance if/when students are required to quarantine due to COVID-19 exposure. Students with COVID-19 exposure are required to leave the school facilities and begin engaging in virtual learning immediately. However, as we learned during 2020, the transition from in-person to virtual learning might not be as seamless as would be desired. Administrators should create a checklist and a plan to ensure that students are not losing out on instruction during the transition from in-person learning to virtual learning, especially during a quarantine period.

*This article was written by Attorneys Robert W. Burns and Abby S. (Busler) Tilkens of Davis & Kuelthau, s.c. The views expressed herein are exclusively those of Mr. Burns and Ms. Tilkens. This article was designed to provide general authoritative information and commentary as a service to AWSA members. It should not be relied upon as legal advice. The materials and information provided in this article are subject to change without notice and should not be construed as legal advice. If needed, legal advice regarding any topic, issue, situation or incident should be obtained from the school district's legal counsel. You may also direct your Level I legal questions to AWSA’s retained legal counsel, Malina Piontek, at 608-497-3037 or [email protected]