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Truancy Letter from District Attorney Duhe

Printable PDF of letter.

To: The Parents, Guardians, or Caretakers of Students Enrolled in St. Mary Parish Schools

The following letter contains information related to the law and the policy of the District Attorney’s Office, along with the Iberia Parish School Board policy, regarding attendance and behavior during the 2024-2025 school year.

Attendance:
Louisiana Law requires parents, guardians, or caretakers of school-age children to assure the attendance of their children at school (R.S. 17:221 and 14:92.2). When a student misses five (5) unexcused days of school, a referral may be made to the District Attorney’s Office Truancy Assessment and Service Center (TASC) Program or to the Family in Need of Services (FINS) Program. As a result of the referral, guardians may be required to attend a conference at your child’s school or the District Courthouse to discuss the truancy issue. Should the student continue to be absent from school, the parent and student can be referred for a FINS Mandatory Conference or to the I6lh Judicial District Court for prosecution under the statutes mentioned above. Guardians who violate the above-mentioned laws may be sanctioned in any of the following ways:

  • Fined not more than $500.00
  • Imprisoned for not more than 30 days
  • Or both imprisonment and fine
  • Minimum conditions of probation:
    • 40 hours of court-approved community service
    • A combination of 40 hours of court approved community service and attendance at a court-approved family counseling program by both parent and child.

Note that guardians who seek the assistance of law enforcement officials, social service officials, or other appropriate authorities in leading the child to modify his or her behavior, or in referring the child to appropriate treatment or corrective facilities shall not be found guilty of the violations mentioned under R.S. 14:92.2.

Louisiana Law also requires parents, guardians, or caretakers of school-age children to ensure that students arrive at school on time (R.S. 17:233). Should the student accumulate five (5) unexcused tardies in any semester, a referral may be made to the District Attorney’s Office. The parent and child may be placed on a plan of assistance with the District Attorney’s Office to resolve the problem. Habitual tardies can result in the following: first offense shall be punishable by a fine of not more than fifty ($50.00) dollars or the performance of not less than 25 hours of community service; subsequent offences shall be punishable in accordance with the truancy sanctions referred to above.

NOTE: Cases of habitual absence or tardiness by a licensed student, who is referred to juvenile or family court, can result in denial or suspension of driving privileges.

Discipline
Violation of school rules related to behavior may require parent and child to attend a conference at your child’s school or the District Courthouse with an official from the District Attorney’s Prosecutor’s Early Intervention Program (PEIP) or the FINS Program in accordance with Louisiana Law, continued violation of school rules can result in the prosecution of the parent, guardian, or caretaker and the student in question.

We earnestly and sincerely solicit your cooperation in our efforts to provide a sound education for your children. We are obligated to apply and enforce all of the laws applicable to school attendance and discipline.

Sincerely, 

M. Bofill Duhe
District Attorney

Attendance

  • Beginning with the 2022-23 school year, Louisiana law now requires all students that turn five (5) years of age by Sept. 30th to attend mandatory kindergarten classes. 
  • The new requirement is expected to help improve academic performance by ensuring all children are attending school and learning basic skills at an early age.  
  • Except as provided by law, every child in the state is required by state law to attend public or private school from the child's fifth (5th) birthday until his/her eighteenth (18th) birthday, unless the child graduates prior to his/her eighteenth (18th) birthday. 
  • All students are expected to attend school regularly and be on time for classes to benefit from the instructional program and develop habits of punctuality, self-discipline, and responsibility.  There is a direct relationship between poor attendance and class failure.  Students who have good attendance generally achieve higher grades, enjoy school more and are much more employable after leaving school. 
  • Elementary and junior high students are required to attend one hundred sixty-seven (167) days per school year to receive credit in all full credit courses.   
  • Secondary students shall be required to be present a minimum of one hundred sixty-seven (167) days per school year or a minimum of eighty-three and one-half (83.5) days, or the equivalent, per semester for schools operating on a semester, block schedule basis, to be eligible to receive credit for courses taken. 

ATTENDANCE POLICY 

  • Absences described in the policy are to take care of a personal illness, professional, appointments, and/ or other serious or personal problems. 
  • School sponsored or sanctioned activities will not count toward total absences. 
  • Principals and their staff will contact parents whenever illegal or suspicious absences occur. The principal may send a referral for investigation and/or home visits to the Supervisor of Child Welfare and Attendance. 
  • The St. Mary Parish School Board Office of Special Education provides homebound instruction to pupils who have health problems requiring them to miss school for at least ten (10) days. (See Homebound Policy.) 
  • A student suspended from school for disciplinary reasons will have those days charged against the total number of absences. 
  • It is extremely important that students and parents realize and understand that days of absence built into the attendance policy are not to be used as skip days, but rather they should be used only as indicated in this policy. 
  • All students enrolled in alternative to regular placement will adhere to the same attendance policy as regular students. 
  • A student will not be allowed to leave school early unless a parent or guardian personally signs the student out of the office.  A check out will count as an absence.  In case of extenuating circumstances, parents may appeal to the principal. 

ATTENDANCE NOTIFICATION 

Elementary/Junior High Students: 

1st Notice: When a student accumulates three (3) days of unexcused absences, it is required that the parent contact the school administrator for a mandatory conference. 

2nd Notice: When a student accumulates five (5) days of unexcused absences, it is required that the parent attend a mandatory conference with the school administrator. Your child may be referred to the District Attorney's Early Intervention/TASC Program, Truancy Court, or Family in Need of Services (FINS) Court. The parent could be fined no more than fifty ($50.00) dollars or perform not less than twenty-five (25) hours of community service.  

NOTE: Failure to attend Truancy Court will result in being required to attend an Attendance Hearing with Child Welfare and Attendance officers. 

3rd Notice: When a student accumulates eight (8) days of unexcused absences, the student is in danger of failing for the year. The principal shall send a request for assistance notification to the Child Welfare and Attendance Office. Your child will be referred to the District Attorney’s Early Intervention/TASC Program or (FINS) Court. 

4th Notice: When a student accumulates ten (10) days of unexcused absences, the next unexcused absence will result in the student failing for the year. It is required that the parents attend a mandatory conference with the school administrator. 

 

NOTE: The principal shall send a request for assistance notification to the Child Welfare and Attendance Office. Recommendation will be made for a District Attorney/City Court’s (FINS) or Juvenile Court Referral for any days over ten (10) that are not extenuating circumstances. 

Secondary Students (Block Schedule-Per Semester): 

1st Notice: When a student accumulates three (3) days of unexcused absences, it is required that the parent contact the school administrator for a mandatory conference. 

2nd Notice: When a student accumulates five (5) days of unexcused absences, the student is in danger of failing for the year. It is required that the parents attend a mandatory conference with the school administrator. Your student may be referred to Truancy Court or the District Attorney/City Court’s Family in Need of Services (FINS) Program. The parent could be fined no more than fifty ($50.00) dollars or perform not less than twenty-five (25) hours of community services. 

NOTE: Failure to attend Truancy Court will result in being required to attend an Attendance Hearing with Child Welfare and Attendance officers. 

3rd Notice: When a student accumulates seven (7) days of unexcused absences, the student has failed for the semester.  

  • It is required that the parent/guardian attend a mandatory conference with the school administrator and the principal shall send a request for assistance to the Child Welfare and Attendance Office. If a FINS referral has not already been submitted, a FINS referral is now mandatory, and the student will be referred to the 16th Judicial District Attorney’s Office or the City Court’s Juvenile Services. 
  • The parent or guardian after meeting with the principal may appeal in writing within ten (10) days to the Supervisor of Child Welfare and Attendance (CWA) to review the principal’s loss of credit decision. The CWA supervisor will notify the parent or guardian of the day, time, and place for a review of the principal’s findings. 
  • If the parent or guardian appeals to the CWA supervisor’s loss of credit decision, they may appeal in writing within ten (10) days to the superintendent to review the findings. The superintendent’s decision will be mailed to the parent or guardian within ten (10) days. 
  • If the parent or guardian decides to appeal the Superintendent’s findings, a private or public review must be requested in writing within ten (10) days for a hearing to be held by the School Board. The parent or guardian will be notified by the School Board of the day, time, and place. 

 

TYPES OF ABSENCES 

The days absent for elementary and secondary school students shall include non-exempt excused absences, exempted excused absences, unexcused absences, and suspensions.  

Non-exempted excused absences are absences incurred due to personal illness or serious illness in the family (documented by acceptable excuses, including a parental note) which are not considered for purposes of truancy, but which are considered when determining whether or not a student is eligible to make up work and tests, receive credit for work completed, and receive credit for a course and/or school year completed.  

Exempted excused absences are absences which are not considered for purposes of truancy, and which are not considered when determining whether a student is eligible to make up work and tests, receive credit for work completed, and receive credit for a course and/or school year completed. 

Unexcused absences are any absences not meeting the requirements set forth in the excused absences and extenuating circumstances definitions, including but not limited to absences due to any job (including agriculture and domestic services, even in the student’s own home or for their own parents or tutors) unless it is a part of an approved instructional program.  Students shall be given failing grades for those days missed and shall not be given an opportunity to make up work. 

Suspensions are non-exempt absences for which a student is allowed to complete his/her work and is eligible for consideration for credit provided it is completed satisfactorily and in a timely manner.  The absence shall be considered when determining whether a student may or may not be promoted but shall not be considered for purposes of truancy.  Students absent from school because of any suspension shall be counted as absent. 

TARDY POLICY: LATE TO SCHOOL 

ALL GRADE LEVELS PRE-K - 12 

All late-arrival students from Pre-K through grade 12 must be accompanied by a parent or guardian. Students will be marked “absent" from school until a parent or guardian signs the student "IN" for the day. 

Late to School 1-4: A school representative shall warn the student and/or parent of the consequences of future late arrivals. 

Late to School 5: The student will be referred to Truancy Court or FINS. No SAC-Detention will be assigned to students that arrive at school late.   

Late to School 6-8: The administrator shall warn the parents of the consequences of future late arrivals. 

Late to School 9: The parent and student will be referred to the Supervisor of Child Welfare and Attendance for additional intervention. At this time, a disposition will be made by the superintendent or his designee for a FINS referral, or additional Truancy Court action against parent and/or student. If a COC hearing is required, the parents, student, principal, and Child Welfare Supervisor shall be present at the hearing.