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Viewing Policy: BP 5113 – Absences and Excuses

BP 5113


Absences And Excuses


The San Benito County Office of Education (SBCOE) believes that regular attendance plays an important role in student achievement. The Superintendent or designee shall work with parents/guardians and students to ensure their compliance with all state attendance laws and may use appropriate legal means to correct problems of chronic absence or truancy.


Absence from school shall be excused only for health reasons, family emergencies, and justifiable personal reasons, as permitted by law. (Education Code 48205)


Student absence for religious instruction or participation in religious exercises away from school property may be considered excused subject to law and administrative regulation.  (Education Code 46014)


Inasmuch as school attendance and class participation are integral to students’ learning experiences, parents/guardians and students shall be encouraged to schedule medical and other appointments during non-school hours.


Students shall not be absent from school without their parents/guardians’ knowledge or consent, except in cases of medical emergency or, as authorized pursuant to Education Code 46010.1, for a confidential medical appointment.



Legal Reference:

EDUCATION CODE: 1740  Employment of personnel to supervise attendance (county superintendent); 37201  School month; 37223  Weekend classes; 41601  Reports of average daily attendance; 42238-42250.1 Apportionments; 46000  Records (attendance); 46010-46014  Absences; 46100-46119  Attendance in kindergarten and elementary schools; 46140-46147  Attendance in junior high and high schools; 48200-48208 Children ages 6-18 (compulsory full-time attendance); 48210-48216 Exclusions from attendance; 48240-48246  Supervisors of attendance; 48260-48273  Truants; 48292  Filing complaint against parent; 48320-48324  School attendance review boards; 48340-48341 Improvement of student attendance; 48980 Parental notifications; 49067  Unexcused absences as cause of failing grade; 49701  Provisions of the interstate compact on educational opportunities for military children

ELECTIONS CODE: 12302 Student participation on precinct boards

FAMILY CODE: 6920-6929 Consent by minor for medical treatment

VEHICLE CODE: 13202.7 Driving privileges; minors; suspension or delay for habitual truancy

WELFARE AND INSTITUTIONS CODE: 601-601.4  Habitually truant minors; 11253.5   Compulsory school attendance

CODE OF REGULATIONS, TITLE 5: 306  Explanation of absence; 420-421 Record of verification of absence due to illness and other causes

ATTORNEY GENERAL OPINIONS: 87 Ops.Cal.Atty.Gen. 168 (2004); 66 Ops.Cal.Atty.Gen. 244 (1983)

COURT DECISIONS: American Academy of Pediatrics et al v. Lungren et al (1997) 16 Cal.4th 307


Policy Adopted: 4-12-18