§ 17:233 — Cases of habitual absence or tardiness referred to juvenile or family court; denial or

Louisiana § 17:233

• Jurisdiction: Louisiana
• Title 17: Credit Union Law

Text

§233. Cases of habitual absence or tardiness referred to juvenile or family court; denial or
suspension of driving privileges; parental responsibilities
A. Any student who is a juvenile and who is habitually absent from school or is
habitually tardy shall be reported by visiting teachers and supervisors of child welfare and
attendance to the family or juvenile court of the parish or city as a truant child, pursuant to
the provisions of Chapter 2 of Title VII of the Louisiana Children's Code relative to families
in need of services, there to be dealt with in such manner as the court may determine, either
by placing the truant in a home or in a public or private institution where school may be
provided for the child, or otherwise.
B.(1)(a) A student shall be considered habitually absent or habitually tardy when
either condition continues to exist after all reasonable efforts by any school personnel,
truancy officer, or other law enforcement personnel have failed to correct the condition after
the fifth unexcused absence or fifth unexcused occurrence of being tardy within any school
semester.
(b)(i) The parent or legal guardian of a student shall enforce the attendance of the
student at the school to which the student is assigned. The parent or legal guardian of a
truant student shall ensure that the student makes up missed school work by attending
after-school tutoring sessions, weekend make-up classes, or other remediation opportunities,
as determined by the school board until the student has caught up with his school work. The
parent shall also attend meetings at the school on at least a monthly basis relative to the
student's progress until the student has caught up on his missed school work and any
assistance fair conducted by the school district that provides information on supports
available to families. Failure to comply with the provisions of this Item may subject a parent
to the penalties provided in R.S. 14:92.2.
(ii) The principal of each school or his designee shall note any concerns that school
personnel have relative to a child's school attendance on the back of any Supplemental
Security Income form that the school receives relative to that child.
(c) The principal of the school, or his designee, shall notify the parent or legal
guardian in writing on or before a student's third unexcused absence or unexcused occurrence
of being tardy, and shall hold a conference with such student's parent or legal guardian. This
notification shall include information relative to the parent or legal guardian's legal
responsibility to enforce the student's attendance at school and the civil penalties that may
be incurred if the student is determined to be habitually absent or habitually tardy. The
student's parent or legal guardian shall sign a receipt for such notification.
(d) The parent or legal guardian of any student in kindergarten through grade eight
who is considered habitually absent or habitually tardy pursuant to the provisions of this
Section shall be in violation of the provisions of Subparagraph (b) of this Paragraph and shall
be punished as follows:
(i) A first offense shall be punishable by a fine of not more than fifty dollars or the
performance of not less than twenty-five hours of community service.
(ii) Any subsequent offense shall be punishable in accordance with R.S.
17:221(A)(2).
(iii) For purposes of this Subparagraph, an offense means a violation of this
Subsection by the parent or legal guardian of a child who is habitually absent or habitually
tardy; multiple offenses may result from violations involving different habitually absent or
tardy children of that parent or legal guardian.
(iv) In any case where the child is the subject of a court ordered custody or visitation
plan, the parent or legal guardian who is lawfully exercising actual physical custody or
visitation of the child shall be responsible for the child's attendance at school on those days
and shall be solely responsible for any absence or tardiness of the child on such days. The
parent or legal guardian not exercising actual physical custody or visitation on the day of the
absence or tardiness shall not be in violation of this Section.
(2) In a nonpublic school, a student shall be considered habitually absent or tardy
only when the student has been absent or tardy for more than five days within any month
without approval of the parent or other person responsible for the student's school attendance
and when the student's principal has filed a written report showing dates of absence or
tardiness and dates and results of school contacts with the home.
C. If a student is less than eighteen years of age and is habitually absent or tardy as
determined pursuant to this Section, the Department of Public Safety and Corrections may,
upon notification from the school board, deny or suspend the driver's permit or license of the
student in accordance with the provisions of R.S. 32:431.1.
D. For purposes of this Section, the term "tardy" shall include but not be limited to
leaving or checking out of school unexcused prior to the regularly scheduled dismissal time
at the end of the school day but shall not include reporting late to class when transferring
from one class to another during the school day.

Legislative History

Acts 1990, No. 158, §2, eff. July 1, 1990; Acts 1994, 3rd Ex. Sess., No. 103, §1, eff. July 7, 1994; Acts 2008, No. 688, §1, June 1, 2009; Acts 2009, No. 224, §6, eff. June 1, 2009; Acts 2009, No. 305, §1; Acts 2010, No. 644, §1, eff. June 29, 2010; Acts 2024, No. 386, §1.