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Colleen Grady
Colleen Grady, Attorney and Councelor at Law
Category: Education Law
Satisfied Customers: 555
Experience:  Assistant Principal, 17 years in the field of Education
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I have two elementary school children and I am dealing with

Customer Question

I have two elementary school children and I am dealing with truancy issues for this school year already.
JA: Because education law varies from place to place, can you tell me what state this is in?
Customer: Illinois
JA: Has anything been filed or reported?
Customer: I received a letter friday to inform me of the children's absences thus far. And I have ligitemat dr notes for 4 of the absences.
JA: Anything else you want the lawyer to know before I connect you?
Customer: We have a schedule family vacation in december and I am very concerned for the children and want to know my legal rights
Submitted: 8 months ago.
Category: Education Law
Expert:  Colleen Grady replied 8 months ago.

Hello. I have been an attorney for 27 years and have worked in the field of Education for 17 years. I will help you with your questions.

Expert:  Colleen Grady replied 8 months ago.

How old are your children? I am checking the law to see if they fall under a certain exception.

Customer: replied 8 months ago.
7 and 9
Customer: replied 8 months ago.
7 and 9 yrs old
Expert:  Colleen Grady replied 8 months ago.

What area of Illinois are you in?

Customer: replied 8 months ago.
Will County
Expert:  Colleen Grady replied 8 months ago.

What you need to do is document the absences carefully. However, you need to meet the requirements of the law for the absences to be excused. Will County defines a truant "as a child subject to compulsory school attendance and who is absent without valid cause from such attendance for a school day or portion thereof. A chronic truant is any student who misses 5 percent or more of the previous 180 attendance days of school without a proper excuse.

Valid cause is defined in the Illinois Education law and would be:

  • Illness - you need a doctor's note from "a competent physic***** *****censed in Illinois to practice medicine and surgery in all its branches, a chiropractic physic***** *****censed under the Medical Practice Act of 1987, a licensed advanced practice nurse, a licensed physician assistant, or a Christian Science practitioner residing in this State and listed in the Christian Science Journal"
  • Suspension - The school is excluding the child and cannot charge this against the child.
  • Religious Observance - because the tenets of his religion forbid secular activity on a particular day or days or at a particular time of day. The school could " require the parent or guardian of a child who is to be excused from attending school due to the observance of a religious holiday to give notice, not exceeding 5 days, of the child's absence to the school principal or other school personnel."

Unfortunately, the family vacation will not be excused but you should notify the school why your children will be absent.

Please let me know if I can help more with this. I will be happy to answer more of your questions.

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