1630 School Attendance

 

The Kansas Code for Care of Children in the definition of child in need of care [K.S.A. 38-2202(d)(6)] includes children who are not attending school as required by law [K.S.A. 72-3120]. The statutes related to compulsory school attendance [K.S.A 72 3120] place responsibility with school boards of education to determine the validity of excuses for absences and to designate one or more employees as responsible for notifying the Department for Children and Families (DCF) or the county/district attorney of unexcused non-attendance [K.S.A. 72-3121].

 

See PPM 0160 Glossary for definition of Truancy.

 

Reports received regarding a child not attending school as required by law shall receive an Initial Assessment, utilizing the Appendix 1A- Kansas Intake Guidance as a guide to determine whether the report meets criteria to assign as a FINA with the sub-type Truancy, or to not assign for further assessment.

 

The PPS 1006 Reports of Unexcused Absences is available for schools to utilize when reporting unexcused absences to DCF.  

 

A. Child age 7 or More but less than 13 Not Attending School As Required By Law

A report received from a person designated by a school system to report the non-attendance of a child age 7 or more but less than 13 as required by law shall be accepted by DCF for assessment of FINA Truancy per Kansas Intake Guidance. The school district has the authority to schedule additional school days for a student, including summer months. [K.S.A. 72 3115] Unexcused absences from any additional school days required for a student, including summer school are also considered a violation to the compulsory school attendance requirement.

 

A report of a child age 7 or more but less than 13 not attending school from a person other than designated school system staff shall be placed on Preliminary Inquiry.  As part of the Preliminary Inquiry, the school shall be contacted to determine if the child is attending school as required by law.  If the school verifies the child is not attending school as required by law, the report shall be assigned for assessment.

If the information regarding non-school attendance is determined by the school district to be inaccurate, and there is no other abuse/neglect or FINA concern, the Initial Assessment of the report may be completed with the decision to not assign for further assessment as the report does not meet the statutory definition of Child in Need of Care.

 

B. Non-attendance of a Child Age 13 or More and Less Than 18 Years Old

Reports of non-attendance of children age 13 or more but less than 18 shall be forwarded to the county or district attorney or designee, regardless of the Initial Assessment Decision.

 

C. Child under age 7 enrolled in school

Any child who is under the age of 7 years and is enrolled in school is subject to the compulsory attendance statute. Any such child may be withdrawn from enrollment in school at any time by a parent or caregiver with legal authority and thereupon the child shall be exempt from the compulsory attendance requirements of this section until the child reaches the age of 7 years or is re-enrolled in school (K.S.A. 72-3120).

 

D. Enrollment of Exceptional Children

Children receiving special education services as an exceptional child are subject to compulsory attendance at an age that may differ from the ages of children required to attend school under the provisions of K.S.A 72-3115. If a child has been determined to be an exceptional child, is receiving special education services, and a determination has been made that special education services are necessary for such child, the child shall attend school [K.S.A. 72-3421]. This compulsory attendance for exceptional children does not apply to children who fall into the gifted category of exceptional as defined in K.S.A 72-3404.

 

E. Home School

The schooling of children in private/home schools is not defined in statutes, but Kansas recognizes Non-Accredited Private Schools/Home Schools.  Registration of Non-Accredited Private Schools/Home Schools is required per KSA 72-4346.  If a report is received by DCF that a child is not attending school as required by law for the reason the child is being home schooled, with the name of the homeschool provided, DCF shall determine whether the private/home school is registered with the Kansas Board of Education to provide private or home instruction. Verification with Kansas Board of Education can be made by calling (785) 368-7088 or emailing homeschool@ksde.org.  If the private/home school is not registered, the reporter is unable to provide the name of the homeschool, or there is reason to believe the child may otherwise be in need of care, the report will be assigned for assessment.