Attendance

I.    Policy Statement
 
The Maryland School for the Deaf (MSD) is committed to ensuring that a quality education is provided for each student in a welcoming environment. Daily attendance is essential to student achievement and required in order to demonstrate mastery of material and receive credit for a course. MSD recognizes the strong correlation between regular attendance, academic achievement, and the completion of school and future success. MSD further believes that regular attendance is a shared responsibility of the family, the student, and the school.
 
II.   Purpose
 
The purpose of this administrative procedure is to establish the requirements for student attendance, provide guidance for attendance monitoring and recording, and identify structures that support students' attendance.
IV.    Standards
 
1.  Annual Notification — Attendance guidelines will be communicated annually to all students, parents, and school-based employees.
 
2.  Attendance Expectations — All students are expected to attend school regularly in accordance with state law and regulation and this administrative procedure and may be excused from class or school only for reasons as specified in state law and regulation and this administrative procedure.
 
3.  Discipline — Disciplinary consequences for inappropriate behaviors (i.e. cutting class, tardiness) may be applied as outlined in the MSD Handbook. Students cannot be suspended or expelled solely for attendance-related offenses.
 
4.  Entry/Exit — For enrollment purposes, students will be entered and exited using the procedures outlined in the Maryland Student Records System Manual. 
 
5.  Make-up Work — A student may make up work missed due to lawful absence and receive a recorded grade in accordance with grading administrative procedure as outlined in the MSD Handbook. A pregnant or parenting student may choose one of the following alternatives to make up work that the student missed:
 
a.  Retake a semester;
b.  Participate in an online course credit recovery program; or
c.  Allow the student six weeks to continue at the same pace and finish at a later date.
 
6.  Monitoring of Attendance — Teachers and department administrative assistants will maintain period and daily attendance records for all students.
 
7.  Retention of Attendance Source Documents — Attendance source documents will be retained in accordance with guidelines outlined in the Maryland Student Records System Manual. 
 
8.  Support for Students — Proactive support and interventions will be provided through the MSD attendance strategies and school problem-solving teams for all students.
 
V.    Responsibilities
 
1.  The Superintendent/designee will monitor standards and procedures related to attendance as set forth in state law and administrative procedure.
 
2.  Chief Educational Programs Officer/designee will inform students, employees, and parents annually of the provisions of this administrative procedure. 
 
3.  Chief Educational Programs Officer will assign and oversee personnel to monitor the recording of daily/period attendance, report student absences (lawful and unlawful), and enter and withdraw students for purposes of enrollment.
 
4.  Department Principals will monitor attendance in their departments and are responsible for ensuring that their administrative assistants and teachers adhere to the attendance recording and tracking expectations.
 
5.  Teachers will maintain period attendance electronically in accordance with guidelines outlined in the Maryland Student Records System Manual.
 
6.  Department's administrative assistants will maintain daily attendance electronically in accordance with guidelines outlined in the Maryland Student Records System Manual.
 
7.  The Student Information System's administrator will retain attendance source documents in accordance with the guidelines outlined in the Maryland Student Records System Manual.
 
8.  Teachers will provide make-up work for students who are lawfully absent.
 
9.  Students will be in school or attend a school-related activity each day school is in session.
 
10.  School-based problem-solving teams will develop interventions and provide support to students who are chronically absent or habitually truant.
 
VI.    Delegation of Authority
 
The Superintendent/designee is authorized to develop appropriate procedures for the implementation of this administrative procedure.
 
VII.   Reference
 
A.  Legal
 
1.  The Annotated Code of Maryland, Education Article, §§ 7-301 through 7-305
 
B.  Other
 
1.  Maryland Student Records System Manual
 
ADMINISTRATIVE PROCEDURE HISTORY
  • Effective: August 31, 2023
  • Revised: August 2023 (titles/positions)
  • Modified: March 2022
  • Modified: September 19, 2017
  • Reviewed: July 1, 2012
  • Revised: June 10, 1999
  • Adopted: April 23, 1992

Implementation Procedures
 
I.    Annual Notification
 
MSD will publish attendance information annually in the MSD Handbook and post current attendance guidelines and procedures on the school's website.
 
The Chief Educational Programs Officer/Designee will inform all students, parents/guardians, and staff of the provisions of this administrative procedure annually and at other times as appropriate. This may be done in the following ways:
    • Making announcements via email at the beginning of the school year.
    • Publishing the information in school newsletters and on approved electronic communication platforms.
    • Posting the information on a bulletin board and/or school's website.
    • Making the information available for new students through the registration process. 
II.   School Procedures
 
Recognizing administrators' and teachers' responsibility for maintaining a system to record and report student absences (lawful and unlawful/excused and unexcused), the following procedures are required for all departments:
 
Monitoring Attendance
 
Teachers will maintain period attendance and department's administrative assistants will record daily attendance for all students and report tardiness and absence information as well as suspected truancies to the department principal's office personnel. This information will be entered into the student information system on a daily basis and serve as the attendance source document substantiating a student's attendance. Attendance data is also recorded on the student's report cards.
 
School staff will review each case in which the student has reached more than 5 unlawful absences during a 9-week grading period, 10 unlawful absences during a semester or 20 unlawful absences during the year. School staff will also review, at least quarterly, the attendance of students who are in danger of being chronically absent. Concerns will be communicated to parents/guardians.
 
Parent Notification
 
1.  Parent Notification — 3 Days
 
The Department Principal's Office will provide a "call of care and concern" to parents/guardians to identify how the school can assist the family. Attendance policy and procedures will also be communicated to the family.
 
2.  Parent Notification — 5 Days
 
When a student has accumulated 5 days of unlawful absence in any marking period, the Department Principal's Office must notify parents/guardians, either by mail or electronically. This letter will include an explanation of the attendance policy and procedures.
 
3.  Parent Notification — 10 Days
 
When a student has accumulated 10 absences, lawful or unlawful, the Chief Educational Programs Office will notify parents, either by mail or electronically. This letter will include an explanation of the attendance policy and procedures. The letter will also include an explanation of the educational impact of being absent from school. Students need to be present to learn.
 
4.  Parent Notification — 20 Days
 
When a student has accumulated 20 absences, lawful or unlawful, the Chief Educational Programs Office will notify parents, either by mail or electronically. This letter will include an explanation of the attendance policy and procedures. Parents/guardians shall also be informed of the educational impact of absences such as non promotion or loss of credit if unlawful absences exceed 10 days in a semester or 20 days in the entire school year.
 
5.  Parent Notification — Chronic Attendance
 
Following the quarterly review, the Chief Educational Programs Office will notify parents/guardians, either by mail or electronically, when students have missed 10% of school days completed.
 
Students reporting late to school/class when the day/period begins are considered tardy. Leaving school/class before the day/period ends is considered early dismissal. School personnel will designate tardiness and early dismissal as lawful or unlawful and treat it under the same criteria as a lawful or an unlawful absence. Missing class for more than 20 minutes of a 50-minute class (or the equivalent to 40% of the time of the class) will be treated as an absence for that class.
 
The Mental Health and Behavioral Support Services team will provide support/interventions through the students support specialists for students who are habitually late or absent to school/class. Please see Section V for support/interventions.
 
Reporting Absences by Parents/Guardians
 
The school must receive notification from the parent/guardian or physician explaining the absence/tardiness of a student no later than three days after the student's return or the absence/tardiness will be unlawful/unexcused. The explanation must include the dates and reason for the absence(s). Emancipated students may be allowed to write their own notes to verify a lawful absence. When a doctor's note for chronic illness has been required and not provided within three days of the student's return, the absence/tardiness will be recorded as unlawful/unexcused until a doctor's note is provided.
 
Retention of Attendance Source Documents
 
Documentation substantiating attendance must be retained for three school calendar years in accordance with the Maryland State Department of Education Student Records System Manual. 
 
Retention of Other Documents Related to Attendance
 
Tardy logs, early dismissal logs, and parent notes will be retained by the Department Principal's office for three years in a secure location.
 
Entry and Exit for Purposes of Enrollment
 
School employees responsible for maintaining enrollment and attendance information will record entry and exit codes into the student information system when a student enters or leaves the school according to standards described in the Maryland Student Records System Manual. 
 
III.   Lawful/Excused Absence
 
Students presently enrolled in school are considered lawfully absent from school, including absence for any portion of the day, and may receive make-up work under the following conditions:
 
1.  Bereavement
 
a.  Immediate Family – The number of days absent for a death in the "immediate family" is not to exceed five per instance. "Immediate family" is defined as parents, (step) brother, (step) sister, grandparents, or anyone who has lived regularly in the household of the student. 
 
b Other — Two days of absence will be allowed for the death of an aunt, uncle, cousin, or classmate.
 
2.  Illness of the Student
 
a.  A doctor's note may be required for chronic illness, which is defined as a physical or mental health disease (condition) of long duration, showing little change or of slow progression, which may be minor or severe in nature. This includes, but is not limited to, medical appointments. A parent/guardian note will be accepted for students attending a medical appointment (i.e. up to 5 school days). If absences reach ten (10) school days, a doctor's note will be required.
 
b Students receiving Home and Hospital Teaching will be maintained on the regular school rolls and counted as present except when students are not available for home and hospital teaching, in which case they are marked absent.
 
c Health-related Exclusion — Students are temporarily excluded from school for the following health-related reasons:
 
i.  Failure of parents or guardians to abide by the health regulations regarding immunization schedules or failure to provide evidence of appropriate immunizations after 20 calendar days: COMAR 10.06.04.03; or 
 
ii.  Conditions that present a clear and direct health risk to others: COMAR 10.06.01.06.
 
NOTE: Students out of compliance or without evidence of an appointment for necessary immunizations may not be admitted to school. 
 
3.  Pregnancy and Parenting Needs
 
a.  All pregnancy and parenting-related conditions are lawful/excused absences for:
 
  i.  Labor
 ii.  Delivery
iii.  Recovery
iv.  Prenatal and postnatal medical appointments
 
b.  A parenting student is allowed lawful/excused absent days after the birth of the student's child. A physician's note may be required.
 
c.  A parenting student's absences due to an illness or a medical appointment of the student's child are lawful/excused absences. After four days of such absences, during a school year, a physician's note may be required.
 
d.  A student's absences due to a legal appointment involving the pregnant or parenting student that is related to family law proceedings, including adoption, custody, and visitation are lawful/excused absences.
 
4.  Court Summons
 
a.  When a student must report to court by the issuance of a summons, the time absent will be considered a lawful/excused absence with the provision of official documentation of summons.
 
5.  Hazardous Weather Conditions
 
a.  This will be interpreted to mean only those conditions of the weather which would endanger the health or safety of the student when in transit to and from school.
 
6.  Work
 
a.  Such work must be approved or sponsored by the school, and accepted by the Chief Educational Programs Officer/designee.
 
7.  Observance of a Religious Holiday
 
a.  Students may be excused when their attendance at school conflicts with participation in traditional and customary religious holidays. Parents/students may request an accommodation to meet a religious obligation that cannot be fulfilled except during the school day.
 
8.  State Emergency
 
a.  The Governor/designee makes these determinations.
 
9.  Suspension
 
a.  Suspension is the denial of a student's right to attend regular classes or school for a specified period of time for cause as outlined in the Code of Conduct section of the MSD Handbook.
 
NOTE: Suspension is a lawful/excused absence and the days of suspension status cannot be used when determining "habitual truancy." 
 
10.  Lack of Authorized Transportation
 
a.  A student may be excused when the county school system's authorized transportation is not available for reasons beyond the student's control. This does not include students denied authorized transportation for disciplinary reasons. Missing a regularly scheduled school bus is an unexcused absence. It is the parent's/guardian's responsibility to find transportation to school if the bus was missed.
 
11.  Other emergency or set of circumstances, which, in the judgment of the department principal constitutes a good and sufficient cause for absence from school. The Chief Educational Programs Officer (CEPO), in consultation with the Superintendent or designee, as appropriate, will determine whether absences are excused under this provision.
 
a.  Absences of an Emergency Nature — Such absences will be reviewed by the CEPO in consultation with the Department Principal to determine whether the absences will be lawful/excused or unlawful/unexcused.
 
b.  Deployment Related Absences — Deployment related absences will be excused for the purpose of visiting with a parent who is an active duty member of the uniformed services and has been called to duty for, is on leave from, or immediately returned from, deployment to a combat zone or support posting.
 
c.  Absences for Discretionary Days — A written request for such absences to be lawful/excused should be submitted at least one week in advance to the department principal. Such absences may not occur during exam or state-mandated testing periods unless authorized by the department principal. 
 
i.  For absences up to 5 days per year, the Department Principal will determine whether the absences will be lawful/excused or unlawful/unexcused. Such absences may include, but are not limited to, the following events directly involving the student:
 
1.  Visits to post-secondary institutions
 
2.  Participation in college orientation programs
 
3.  Scheduled interviews with prospective employers
 
4.  Special family events, including vacations/trips
 
ii.  For absences in excess of 5 days under this provision, the Department Principal in consultation with the CEPO will determine if the absences will be lawful/excused or unlawful/unexcused.
 
12.  Absence Due to Behavioral Health Need
 
a.  Students who are absent due to a behavioral health need will be treated the same as an absence due to illness or another somatic health need. MSD must provide information to the student's parent/guardian about school and community behavioral health resources that are available to the student, if the student or the student's parent/guardian notifies the school that the student absences were due to behavioral health needs. 
 
NOTE: Any behavioral health needs that result in extended absence may be eligible for Home and Hospital Teaching services. 
 
13.  Absence due to Mental Health Day
 
1.  Students are permitted one (1) mental health day and may be absent once each semester;
 
2.  Students who are absent due to attending to their mental health needs will be marked as lawfully absent;
 
3.  Written notification by the parent/guardian will be sufficient documentation the day the student is absent or provided immediately upon return; 
 
4.  The student must be allowed to make up all missed assignments. Teachers may exempt or modify makeup assignments; and 
 
5.  When a student returns to school, he/she may meet with a mental health service provider to check-in.
 
6.  Mental health days should be coded (MH) when marking a student absent due to taking a mental health day. The student must be marked as lawfully absent. The attendance team must review attendance reports to identify students who are accessing mental health days. A mental health service provider should review the reports to have knowledge of students who have taken a mental health day in order to follow up. The mental health service provider will ensure that students are aware of available mental health resources.
 
Make Up Work
 
1.  Students who are considered lawfully absent from school or a class will have the opportunity to make up missed assignments. 
 
a.  Teachers are required to provide make-up work (within 48 hours) when requested for students who are lawfully absent, including suspensions, and who have not qualified for home and hospital teaching.
 
b.  For all suspensions, teachers are required to provide make-up work and assignments to all students, unless other educational alternatives are provided.
 
c.  Students who are lawfully absent may not be penalized for work requested but not provided by the school for periods of such lawful absence.
 
d.  The number of days allowed to make up missed work will be equivalent to the number of days of lawful absences. The timeline will begin when the teacher provides the student with the assignments within 48 hours of the request. Students who fail to complete missed assignments within the allotted time will receive 0 (zero) for each assignment.
 
e.  If lawfully absent students return to school near the end of the first, second, or third marking period and do not have sufficient time as described above to make up the missed work, an "I" (incomplete) grade will be assigned. Please refer to the grading policy as outlined in the MSD Handbook for additional information. 
 
2.  Students who are considered unlawfully absent from a school or a class will not have the opportunity to make up missed assignments. 
 
a.  A student with unlawful absences will receive a failing grade for any day(s) of such absence(s). The failing grades will be averaged with other daily grades. Failing grades for credit courses is zero percent.
 
b.  Teachers should enter a 0 (zero) for unlawful absences and indicate "unlawful absence." 
 
IV.   Unlawful/Unexcused Absence
 
An absence for any reason other than those cited as lawful are presumed as unlawful and may constitute truancy (COMAR 13A.08.01.04). 

Attachment: Notification of Compulsory Attendance (to be sent to parent/guardian via certified mail)
 
A.   Teachers may assist students with make-up work when a student has an unlawful absence, however, students may not receive credit for such assignments.
 
B.   Students with unexcused absences will not be allowed to participate in after school activities, including athletics and extracurricular activities that day. The Chief Educational Programs Officer or Dean of Student Affairs may grant an excuse if there are extenuating circumstances.
 
C.   Continuing unlawful absences and/or tardiness of the student will result in the initiation of one or more of the following actions:
    • Student conference
    • Parent conference
    • Attendance contract
    • Exclusion from activities
    • Removal of school privileges
    • Restriction of extracurricular activities
    • Referral to Student Support Specialist
    • Referral to Local Education Agency
    • Referral to School Resource Officer
D.   Elementary students whose absences define them as a habitual truant at the end of the third quarter will be considered for possible grade level retention. In middle and high schools, a habitual truant may receive a failing grade in the affected class or classes.
 
E.   Enrolled students who do not report to school in August/September are marked absent during the first month of the school year until they report to class. By September 30, all enrolled students who have not reported since the first day of school, will be exited with the date of exit July 1.
 
F.   Students with unlawful absences of 10 consecutive school days or more will be withdrawn from school and may be allowed to re-enroll, provided they meet enrollment requirements, upon their return. Upon expiration of the 10-day window, the student will be withdrawn and the date of the exit will be the first day after the last school day of attendance. Teachers will not be required to provide make-up work during this time of absence. For these absences to be considered as lawful, parents will need to exercise the option outlined in Section III of these procedures.
 
G.   For students exhibiting behaviors outlined in Sections IV.D. and/or E. of these implementation procedures, the Individualized Education Program (IEP) team, in consultation with the MSDE Early Intervention and Special Education Services Program, must conduct an IEP meeting to determine if the IEP remains appropriate. 
    • If the IEP remains appropriate, the school will proceed with the processes outlined in Sections IV.D. and/or E. of these implementation procedures.
    • If the IEP is not appropriate, the IEP team will revise the IEP.
Appeals Process
 
Parents and/or students who wish to appeal attendance violation decisions may:
    • Submit a written request for an appeal. In such cases, the appeal will be reviewed by MSD's (1) Department Principal, (2) Director or Supervisor of the program in question, (3) Director of Compliance, (4) School Psychologist. The decision of this team will be recommended to the Chief Educational Programs Officer (CEPO). The CEPO will render a final decision.
V.   Supports and Interventions
 
A.   School-wide informational sessions will be conducted to share the expectations of the MSD Attendance Policy and its connection and correlation to student's academic and social success. Information sessions can be communicated through new student orientation, back-to-school events, student assemblies, school communications, school website, etc. within the first few weeks of school. 
 
B.   The MSD attendance strategies will be implemented school-wide to encourage attendance for all students. 
 
a.  Develop and utilize positive rewards for students with exceptional attendance records during any one grading period and/or for the school year (i.e. PBIS Rewards)
 
b.  Send quarterly commendation letters to students and parents/guardians for perfect attendance and improved attendance.
 
C.   Interventions will be put in place for students who need more support to avoid or improve chronic absenteeism. 
 
a.  The Department Principal will ensure that designated department's personnel will initiate the following:
 
i.  A "call of care and concern" to parents when a student misses three unexcused consecutive days or reaches a 5% absence rate to identify how the school can assist the family. Attendance policy and procedures will also be provided to the family. 
 
ii.  Send an official letter notification at 10% absent rate (i.e. 5 days unlawful absences) or 20% absent rate (i.e. 10 or more unlawful absences) unless the school has documentation of a student's chronic medical condition and interventions are currently in place. Notifications include: phone, in person, written correspondence (email, official notification letter), home visit, etc. 
 
b.  The school's problem solving team will create an attendance plan to support students in improving overall attendance and in meeting attendance goals. Members of the team will develop, implement, and regularly monitor an attendance improvement plan that may include the following:
 
i.  A parent/teacher/student conference focused on assessing the needs of the student will be requested if a student experiences absenteeism rates of 10% or more in order to assess the needs of the student in connection with attendance and academic success.
 
c.  If attendance barriers are present that are adversely affecting a child's attendance and/or academic performance, the team may consider convening an IEP team meeting.
 
D.   Intensive support will be implemented for students facing the greatest challenges to getting to school. These supports include: 
 
a.  A Student Support Specialist assignment to further monitor student attendance.
 
b.  Use of a Social Worker to visit home.
 
NOTE: MSD will contact the student's local school system for additional support (i.e. Pupil Personnel Worker, etc.)
 
E.   Include quarterly reminders and updates of school attendance with employees to share success and identify needs for improvements. 
 
F.   Under the Annotated Code of Maryland, action may be taken when compulsory attendance issues arise. It is the duty of the parent/guardian to see that their child attends school or receives the required instruction. 
 
a.  Any person who induces or attempts to induce a child to absent him/herself unlawfully from school or employs or harbors any child who is absent unlawfully from school while school is in session is guilty of a misdemeanor and on conviction is subject to a fine not to exceed $500 or imprisonment not to exceed 30 days, or both. (Section 7-301 (e) 1)
 
b.  Any person who has legal custody or care and control of a child who is 5 years old or older and under 18 who fails to see that the child attends school or receives instruction under this section is guilty of a misdemeanor and; for a first conviction is subject to a fine not to exceed $50 per day of unlawful absence or imprisonment not to exceed 10 days, or both; and for a second or subsequent conviction is subject to a fine not to exceed $100 per day of unlawful absence or imprisonment not to exceed 30 days, or both. (Section 7-301 (e) 2)
 
G.   Additional Measures to Address Students Over the Compulsory Age of Attendance 
 
a.  All parents/guardians and students shall be made aware of the attendance policy located in the Maryland School for the Deaf Handbook. Students over the age of compulsory attendance are subject to the same attendance procedures as those under the age of compulsory school attendance. If all strategies and interventions for the student's successful completion of school have not eliminated habitual truancy, then the case shall be reviewed. 
 
b.  An MSD Administrator and a designee (s) from the Mental Health and Behavioral Support Specialists team shall review the case and provide guidance to school staff members on appropriate actions needed prior to the withdrawal of the student from school. 
 
NOTE: The withdrawal of a student with disabilities, regardless of age, must be in compliance with special education procedures. Such a withdrawal usually mandates that an IEP team meeting be convened to discuss student's options for education and/or continuing the withdrawal. An exit interview with the student and parent/guardian is required. If the student and his or her parent/guardian are unavailable to participate in the exit conference, the department principal/designee should make reasonable efforts to contact the student and parent/guardian using a certified letter,  home visit, email, etc.
 
Addendum: Over Compulsory Age Attendance Notification (to be sent to parent/guardian via certified mail)
 
VI.   Monitoring
 
MSD Attendance administrative procedure implementation procedures will be overseen by the Chief Educational Programs Officer office staff of each campus.
 
ADMINISTRATIVE PROCEDURE HISTORY
  • Effective: August 28, 2023
  • Modified: August 2023
  • Revised: August 2023 (titles/positions)
  • Effective: September 30, 2022
  • Modified: March 2022
  • Revised: December 20, 2022
  • Revised: October 24, 2022
  • Modified: September 19, 2017
  • Reviewed: July 1, 2012
  • Revised: June 10, 1999
  • Adopted: April 23, 1992