Failing Due to Absenses

Updated on January 07, 2011
E.S. asks from Conroe, TX
10 answers

Hi Moms,

My nephew lived with us for 5 years and this year decided he wanted to go back to his mom. ( We didn't have legal custody) Anyways, he has already missed over 30 days of school. How long does it take for a school to take action on these absenses? Could he fail because he doesn't go? I have talked to him many times telling him he has to go and that it is the best thing for him because he is so smart, but he is failing because he never attends. He is not in the same city as I am so I am ready for this school to say that he HAS to go. Thanks moms in advance!!

Thanks for the responses so far. He is in 7th grade and he is not skipping class periods, he is not going the entire day. I am sure he is turning in notes but I know he is not sick.

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G.B.

answers from Oklahoma City on

Yes, my grandson was failed in Kindergarten due to excessive absences. Talk to the school and find out how many. They may just put it in his final report card and not have a parent teacher conference about it but I bet it's too late all ready.

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J.L.

answers from Minneapolis on

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4 moms found this helpful
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K.P.

answers from New York on

It actually depends on how old your nephew is. In most states, "truancy" laws begin in middle school, so if your nephew is still in elementary school there isn't much the school can do. Beyond that, what the school can do is call Child Protective Services... having said that you can too!

A parent can be reported for "educational neglect" or "inadequate guardianship". My suggestion to you would be to call in a report. It is anonymous and most people assume it's the school anyway.

Each district has different attendance policies, but for the most part if he passes his classes, he will move on to the next grade. If you sister is providing written excuses, then there will not be a consequence for your nephew. If he's just skipping classes, he may have detention or some other consequence applied.

Again, call the child services department and file a report. Worst case scenario, the school gets an ear-full from your sister and your nephew is nailed for skipping.

3 moms found this helpful
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S.T.

answers from Atlanta on

at my brothers school hes not allowed to miss more than 7 days.
i would contact the school and talk to them about it. and see if they have done anything and let dfcs know that if anything happens that you want to be their contact person, if they do decide to take the child.

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S.E.

answers from La Crosse on

I would see if you can legally take him back. Then I would call the school, report his mom, and tell them as it is in his best interest. 7th grade is way too young to allow a kid to mess up his life unattended:

Receiving Credit
•In order to receive credit for a class in Texas a student must attend school for 90 percent of the days that the class is in session. Excessive absences may be restored if the student fulfils the requirements for restoring credit that is cited by the school district.
Excused Absences
•Absences are excused for any reason that is accepted by the teacher, principle or superintendent of the school district. Texas school districts require a note from a parent before absences are considered excused. Parents have 72 hours to provide this written excuse.
Offense
•If a child has missed 10 days or any segment of a day for 10 days within a six-month period, it is a violation of Texas truancy law. In addition, if a child has missed three days or more or any segment of a day within a four-week period it is also a violation.
Notification
•Parents in Texas are usually notified of their child's excessive absences by the school. However, it is the parent's responsibility to track his child's attendance. Not being notified of the absences by the school is not an excuse in truancy court. Consequences are still enforced even if the parent did not receive notification.
Consequences
•In most cases, once parents receive a warning and there is no improvement in attendance, a complaint is filed in a Texas truancy court. Failing to ensure that a child attends school is criminal negligence in Texas, which is a class C misdemeanor. Parents can receive a fine of up to $500.

Read more: Child Truancy Laws in Texas | eHow.com http://www.ehow.com/list_###-###-####_child-truancy-laws-...

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R.D.

answers from San Antonio on

He may not like you now for doing this but will appreciate it later!! It is time to step up legally. Report this to CPS, the school, the police and any other agency you can to get him to school. Many districts have Saturday school to make up the hours. He would probably be more inclined to do this rather than summer school.
Kids will be kids and if no one is pushing him, he is just enjoying the ride!! Don't know what the mother's position/reason for you having him was/is but sounds like she needs help. Maybe reporting it will get her into parenting counseling!!!
Schools have "at-risk" kids that they are supposed to target-maybe he will fall in that category and get extra tutors, etc.

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D.S.

answers from Houston on

yes he can fail over this my son did the 9th grade but his was medical issues.

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P.W.

answers from San Francisco on

It depends on the State laws. Here in California, there is not much that can be done about it, because there is really no penalty for children not attending school. There used to be fines, but not any more. Don't know about Texas. If he doesn't attend, then obviously he will fail, because it's unlikely he will be able to do the work or pass the tests.

If you can somehow mentor him to change his habits, that would be great, but that will be hard if he doesn't live with you. Any chance you can get him back? It sounds like you might be the better parent.

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M.C.

answers from Washington DC on

Yes students can be 'held back' for missing too much school. Here in VA the limit is 14 unexcused absenses, and there is a limit on excused, but I don't know it. Parents can be arrested for their kids truancy.

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K.B.

answers from St. Louis on

From what I remember in Texas, the parents can actually be taken to court and charged with truancy of their child when they are that young. However, depending on where he is going to school, don't expect the school to do much for a while. I had a kid here in MO who had missed 2 straight months of school. He was supposed to be referred for educational neglect to CPS and placed in an alternative setting per the school district policies. However, they never caught it and I as the outside worker had to remind them NUMEROUS times to make the alternative rec. It wasn't until I placed a truancy complaint with the court and a call was made for educational neglect that anything was really done about attendance. The kid did fail though obviously and yes, they can fail a kid due to absences, even with the work. It happened to me when I went to high school in Texas and had to many tardies.

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