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<regulation prefix="Regulation" num=".05" citation="COMAR 13A.08.01.05" title_num="13A" subtitle_num="08" chapter_num="01" heading="Student Attendance Policy.">
  <paragraph num="A.">
    <text>Definitions. In this regulation, the following terms have the meanings indicated.</text>
    <paragraph num="(1)">
      <text>“Chronic absence” means a student has been enrolled in a school for at least 10 days and has missed 10 percent or more of the school days for any lawful or unlawful reason while enrolled at that school.</text>
    </paragraph>
    <paragraph num="(2)">
      <text>Chronic Absenteeism.</text>
      <paragraph num="(a)">
        <text>“Chronic absenteeism” means a student has been in membership in a school for at least 10 days and is absent 10 percent or more of the school days while enrolled at that school.</text>
      </paragraph>
      <paragraph num="(b)">
        <text>A student can be counted as chronically absent in multiple schools, within the State, in the same year.</text>
      </paragraph>
    </paragraph>
    <paragraph num="(3)">
      <text>“Day of attendance” means a student is attending an instructional program approved by the State, local school system or school for greater than half the school day.</text>
      <paragraph num="(a)">
        <text>A student is “present” or “attending” if the student is attending an instructional program by the State, local school system, and/or school as defined in
                    Regulation .01D of this chapter; or</text>
      </paragraph>
      <paragraph num="(b)">
        <text>A student is physically on school grounds or is participating in instruction or instruction-related activities at an approved off-grounds location as defined in
                    Regulation .01D of this chapter.</text>
      </paragraph>
    </paragraph>
    <paragraph num="(4)">
      <text>“Multi-Tiered System of Supports (MTSS)” means a proactive and preventative framework that aims to foster growth and success by ensuring all students receive equitable academic, behavioral, and social-emotional support utilizing multiple data points to identify students requiring intervention through three tiers of support.</text>
    </paragraph>
  </paragraph>
  <paragraph num="B.">
    <text>Each local school system shall develop a student attendance policy which includes the following.</text>
    <paragraph num="(1)">
      <text>A general statement dealing with the local school system's purpose and rationale for promoting regular school attendance.</text>
    </paragraph>
    <paragraph num="(2)">
      <text>Reasons for lawful and unlawful absences and tardiness include lawful/unlawful absence as defined in Regulations .03 and .04 of this chapter. Clarification of special situations for unlawful absence may also be identified.</text>
    </paragraph>
    <paragraph num="(3)">
      <text>Standards for regular attendance include minimal requirements for student attendance in order to foster continuity of the instructional program. The standards for school attendance may identify a specific number of excessive or unlawful absences allowed within a marking period, semester, or school year.</text>
    </paragraph>
    <paragraph num="(4)">
      <text>Procedure to verify absences/tardiness includes responsible persons, time limits, and methods of absent/tardy verification.</text>
    </paragraph>
    <paragraph num="(5)">
      <text>Best practices to identify, prevent, and eliminate chronic absenteeism that are culturally responsive and nonpunitive, which may include:</text>
      <paragraph num="(a)">
        <text>Conducting an in-depth analysis of qualitative and quantitative data to identify priorities for support;</text>
      </paragraph>
      <paragraph num="(b)">
        <text>Identifying and utilizing a team at the local school system level to oversee the systemwide strategy for attendance improvement;</text>
      </paragraph>
      <paragraph num="(c)">
        <text>Requiring each school to have a team to oversee the school-wide strategies for attendance improvement and reduction of chronic absenteeism;</text>
      </paragraph>
      <paragraph num="(d)">
        <text>Developing and implementing a comprehensive communication plan to communicate the importance of regular student attendance to students and parents or guardians;</text>
      </paragraph>
      <paragraph num="(e)">
        <text>Identifying and addressing common barriers to attendance to determine the best course of action to improve student attendance and reduce chronic absenteeism;</text>
      </paragraph>
      <paragraph num="(f)">
        <text>Engaging in continuous improvement activities using qualitative and quantitative data to determine effective strategies;</text>
      </paragraph>
      <paragraph num="(g)">
        <text>Promoting non-punitive strategies that address the root causes of student absence; and</text>
      </paragraph>
      <paragraph num="(h)">
        <text>Engaging families using positive, proactive, and non-punitive strategies.</text>
      </paragraph>
    </paragraph>
    <paragraph num="(6)">
      <text>A multi-tiered system of supports that uses evidence-based identification and responsive strategies to ensure high-quality academic, behavioral, and social-emotional supports for all students.</text>
    </paragraph>
    <paragraph num="(7)">
      <text>Penalties for not meeting standards for regular attendance requirements include actions taken by school system staff when a student is unlawfully absent or accumulates an equivalent number of excessive or unlawful absences which exceeds the standard for regular school attendance. The penalties should be identified, and should reflect a continuum of excessive or unlawful absences.</text>
    </paragraph>
    <paragraph num="(8)">
      <text>Make-up work requirements include classroom teacher and student responsibility, time limits, and grading policy for make-up work. Make-up work requirements may also involve a procedure for completing class work in advance of an absence wherever possible.</text>
    </paragraph>
    <paragraph num="(9)">
      <text>Attendance-monitoring procedure includes:</text>
      <paragraph num="(a)">
        <text>Record-keeping format to comply with State attendance reporting requirements;</text>
      </paragraph>
      <paragraph num="(b)">
        <text>Intervention strategies and procedures for dealing with absenteeism at the beginning stages of the problem as well as chronic absenteeism; and</text>
      </paragraph>
      <paragraph num="(c)">
        <text>A referral process to pupil services or other central office professionals for case management of chronic attendance cases.</text>
      </paragraph>
    </paragraph>
    <paragraph num="(10)">
      <text>Reward process includes an identified motivational program to reward regular school attendance.</text>
    </paragraph>
    <paragraph num="(11)">
      <text>Information dissemination includes methods for informing school staff, students, parents, and community members of attendance policy requirements.</text>
    </paragraph>
    <paragraph num="(12)">
      <text>Appeals process includes specific due process procedures for appealing attendance violation decisions at the school and central office level.</text>
    </paragraph>
    <paragraph num="(13)">
      <text>Legal foundation includes citations of legal authority for attendance policy development and implementation.</text>
    </paragraph>
  </paragraph>
  <paragraph num="C.">
    <text>Each local school system shall:</text>
    <paragraph num="(1)">
      <text>Review its student attendance data at least annually;</text>
    </paragraph>
    <paragraph num="(2)">
      <text>Publicly post the most recent student attendance policy on the local school system’s website; and</text>
    </paragraph>
    <paragraph num="(3)">
      <text>Require each school within the local school system to include the most recent student attendance policy on the school’s website and in the school’s student handbook.</text>
    </paragraph>
  </paragraph>
  <paragraph num="D.">
    <text>The Department will collect data on student attendance to support local school systems in the development and implementation of local student attendance policies.</text>
  </paragraph>
</regulation>