NEPN/NSBA Code: JHB
TRUANCY
A student is truant if they are required to attend school or alternative instruction under Maine compulsory attendance law and they:
A. Have completed grade 6 and has the equivalent of 10 full days of unexcused absences or 7 consecutive school days of unexcused absences during a school year; or
B. Are at least 6 years of age and have not completed grade 6 and have the equivalent of 7 full days of unexcused absences or 5 consecutive school days of unexcused absences during a school year. Truancy under this paragraph is considered “child abuse and neglect” under Maine law and is reportable to the Department of Health and Human Services (DHHS) when the truancy is the result of neglect by a person responsible for the child; or
C. Are enrolled in a public day school, is at least 5 years of age and have not completed grade 6, and have the equivalent of 7 full days of unexcused absences or 5 consecutive school days of unexcused absences during a school year. Truancy under this paragraph is considered “child abuse and neglect” under Maine law and is reportable to the Department of Health and Human Services (DHHS) when the truancy is the result of neglect by a person responsible for the child.
The School Committee shall appoint one or more attendance coordinators in accordance with state law.
As required by law, the following procedure shall be followed when a student is truant.
A. If the principal and the attendance coordinator determine that a student is truant, the principal shall inform the Superintendent within 5 school days of the last unexcused absence.
B. The student who is determined to be truant shall be referred to the school’s student assistance team/intervention team within 5 school days.
C. The team shall meet and determine the cause of the truancy and assess the impact of the student’s past and possible future absences on the student. If it is determined that the absences have a negative effect, the team shall develop an intervention plan to address the student's absences and any negative effects.
The intervention plan may include but is not limited to:
Frequent communication between the teacher and the family;
Changes in the learning environment;
Mentoring;
Student counseling;
Tutoring, including peer tutoring;
Placement into different classes;
Consideration of multiple pathways of learning as allowed by law;
Attendance contracts;
Referral to other agencies for family services; and
Other interventions include but are not limited to referral to the school attendance coordinator, student assistance team, or dropout prevention committee.
The plan should also address how future absences of the student will be dealt with; the timeline for particular activities; and periodic reports to the Superintendent on the student’s progress in complying with the plan.
D. The student and their parent/legal guardians shall be invited to attend any meetings scheduled to discuss their truancy and the intervention plan. Failure of the student and/or their parent(s)/legal guardians to attend any scheduled meetings shall not preclude the school from implementing an intervention plan.
E.f the intervention plan does not correct the student’s truancy, the Superintendent/designee shall send written notice to the parents/legal guardians that the student’s attendance is required by law. The Superintendent may make 2 documented attempts to serve (or cause to be served) the notice by certified mail. The notice shall:
State that the student is required to attend school pursuant to 20-A M.R.S.A. §5001-A (the compulsory attendance law);
Explain the parent/guardian’s right to inspect the student’s attendance records, attendance coordinator’s reports, and principal’s reports;
Explain that the failure to send the student to school and maintain the student in regular attendance is a civil violation in accordance with 20-A M.R.S.A. § 5053-A and explain the possible penalties;
State that the Superintendent/designee may notify local law enforcement authorities of a violation of 20-A M.R.S.A. § 5053-A, and, if the violation is considered “child abuse and neglect”, must notify the Department of Health and Human Services (DHHS); and
Outline the intervention plan developed to address the student’s truancy and the steps that have been taken to implement that plan.
F. Prior to notifying local law enforcement authorities, the Superintendent/designee shall schedule at least 1 meeting of the student assistance team/intervention team as required in paragraph B of this policy and may invite a local prosecutor.
G. If, after 3 school days after the 2nd attempted service of the notice described in paragraph E of this policy, the student remains truant and the parent(s)/legal guardians and student refuse to attend the meeting referred to in paragraph F, the Superintendent/designee shall report the facts of the unlawful absence to local law enforcement authorities. Local law enforcement may proceed with enforcement action unless the student is at once placed in an appropriate school or otherwise meets the requirements of the compulsory attendance law.
H. When a student is determined to be truant and in violation of the compulsory attendance law, and the student assistance team/intervention team has made a good faith attempt to meet the requirements of paragraph C of this policy, the Superintendent/designee shall notify the School Committee.
The Superintendent shall submit an annual report regarding truancy to the Commissioner by October 1. The report must identify the number of truants in the school district in the preceding school year; describe the school unit’s efforts to deal with truancy; account for actions brought to enforce the truancy law; and include any other information on truancy requested by the Commissioner.
Legal Reference: 20-A MRSA §§ 3272; 5001-A; 5051-A-5054-A
22 MRSA §§ 4002(1); (6)(B-2)
Cross Reference: JEA – Compulsory Attendance
JFC – Dropout Prevention—Student Withdrawal from School
JLF – Reporting Child Abuse and Neglect
Adopted: June 7, 2000
Revised: February 11, 2008
Reviewed: September 24, 2012
Revised: June 30, 2021
Revised: December 4, 2023