By Daniel L. Lautar, Esq.
Not later than August 1, 2026, the board of education of each school district must adopt a policy to address student absences. Pursuant to R.C. 3321.191, that board policy must do all of the following:
- Acknowledge that student absences from school for any reason, whether excused or unexcused, take away from instructional time and have an adverse effect on student learning;
- Identify strategies to prevent students from becoming chronically absent;
- Include procedures for notifying a student’s parent, guardian, or custodian when the student has been absent from school for a number of hours chosen by the board, but not exceeding five percent of the minimum number of hours required in the school year;
- Establish a “tiered system” that provides more intensive interventions and supports for students with greater numbers of absences and includes resources to help students and their families address the root causes of the absences;
- Provide for one or more absence intervention teams to work with students at risk of becoming chronically absent and their families to improve the students’ attendance at school; and
- Prohibit suspending, expelling, or otherwise preventing a student from attending school based on the student’s absences.
R.C. 3321.191 further states that, in developing the policy, a board of education must consult with: (1) the juvenile court of the county or counties in which the district is located; (2) the parents, guardians, or other persons having care of a student attending school in the district; and (3) appropriate state and local agencies. To comply with this obligation to seek consultation, boards of education are advised to supply drafts of their proposed absenteeism policies to such entities and persons and request input. This should be done well in advance of the board’s July meeting so as to afford ample time to make any revisions if deemed necessary.
Pepple & Waggoner has prepared a draft absenteeism policy that is compliant with the requirements of R.C. 3321.191. If your district is in need of such a policy, please contact an attorney at Pepple & Waggoner today.
