Clarifies public school student attendance recording and reporting requirements.

S3868

SENATE, No. 3868

STATE OF NEW JERSEY

222nd LEGISLATURE

�

INTRODUCED MARCH 10, 2026

Sponsored by:

Senator� VIN GOPAL

District 11 (Monmouth)

Co-Sponsored by:

Senator Henry

SYNOPSIS

���� Clarifies public school student attendance recording
and reporting requirements.

CURRENT VERSION OF TEXT

���� As introduced.

��

An Act

concerning student attendance records,
supplementing chapter 38 of Title 18A of the New Jersey Statutes, and amending
P.L.1995, c.235 and N.J.S.18A:38-27.

����
Be It
Enacted
by the Senate and General Assembly of
the State of New Jersey:

���� 1.��� (New section)� A school
district shall record a student as present, absent for an excused absence,
absent for a State-excused absence, or absent for an unexcused absence on the
student�s attendance record every day that school is in session.�

���� 2.��� (New section)� A student
shall be recorded as present pursuant to section 1 of P.L.��� , c.����
(C.������� ) (pending before the Legislature as this bill) if the student
participates in instruction or instruction-related activities for at least half
a day in session whether the student is physically on school grounds, at an
approved off-grounds location, or in a virtual or remote instruction setting
pursuant to State Board of Education regulations.

���� 3.��� (New section)� a.� A
student shall be recorded as absent for an excused absence pursuant to section
1 of P.L.��� , c.���� (C.������� ) (pending before the Legislature as this
bill) if the absence is the result of:

���� (1)�� the physical health of
the student, including the experiencing of symptoms of a menstrual disorder.�
Menstrual disorders shall include, but are not limited to, dysmenorrhea,
endometriosis, menorrhea, and polycystic ovarian syndrome;�

���� (2)�� the mental or behavioral
health of the student;

���� (3)�� the student�s required
attendance in court; or

���� (4)�� a death in the family.

���� b.��� A student that is absent
for an excused absence shall be given the opportunity to make up any schoolwork
missed during the absence.

���� c.���� Any transcript,
application, employment form, or any similar form on which information
concerning a student�s attendance record is requested shall not indicate, with
respect to absences, any excused absence.� In making a determination on whether
a student has a perfect attendance record for the school year, a school
district shall not consider as an absence any excused absence the student may
have.

���� d.��� The student shall
provide to the superintendent or administrative principal of the school
district medical documentation; non-medical documentation; or documentation
from a parent or guardian of the student to prove the student meets the
requirements for an excused absence.� Medical documentation shall excuse a
student for up to five school days.�

���� e.���� Notwithstanding
subsection d. of this section, if the absence is the result of the mental or
behavioral health of the student, the appropriate school support personnel
shall meet with the student, review the documentation submitted pursuant to
subsection d. of this section, and make a determination on whether the absence
qualifies as an excused absence.

���� 4.��� (New section)� a.� A
student shall be recorded as absent for a State-excused absence pursuant to
section 1 of P.L. , c. (C. ) (pending
before the Legislature as this bill) if the absence is the result of:

���� (1)�� the student�s religious
observance pursuant to N.J.S.18A:36-14, N.J.S.18A:36-15, and N.J.S.18A:36-16;

���� (2)�� participation in
observance of Veterans Day pursuant to section 1 of P.L.2015, c.297
(C.18A:36-13.2);

���� (3)�� participation in
district board of election membership activities pursuant to section 1 of
P.L.2001, c.271 (C.18A:36-33);

���� (4)�� participation in Take
Our Children to Work Day pursuant to State Board of Education regulations;

���� (5)�� college visits for
students in grades 11 and 12 pursuant to State Board of Education regulations;
and

���� (6)�� the closure of a busing
school district that prevents a student from having transportation to the
receiving school pursuant to State Board of Education regulations.�

���� b.��� A student that is absent
for a State-excused absence shall be given the opportunity to make up any
schoolwork missed during the absence.

���� c.���� Any transcript,
application, employment form, or any similar form on which information
concerning a student�s attendance record is requested shall not indicate, with
respect to absences, any State-excused absence.� In making a determination on
whether a student has a perfect attendance record for the school year, a school
district shall not consider as an absence any State-excused absence the student
may have.

���� d.��� The student shall
provide any documentation the superintendent or administrative principal of the
school district deems necessary to prove the student meets the requirements for
a State-excused absence.

���� 5.��� (New section)� A student
shall be recorded as absent for an unexcused absence pursuant to section 1 of
P.L.��� , c.���� (C.������� ) (pending before the Legislature as this bill) if
the absence is not an excused absence pursuant to section 3 of P.L.��� , c.����
(C.������� ) (pending before the Legislature as this bill) or a State-excused
absence pursuant to section 4 of P.L.��� , c.���� (C.������� ) (pending before
the Legislature as this bill).

���� 6.��� (New section)� a.� For
School Report Cards issued pursuant to section 2 of P.L.1995, c.235
(C.18A:7E-2), a school district shall report student attendance in accordance
with the categories established pursuant to section 1 of P.L.������� ,
c.���������� (C.����������� ) (pending before the Legislature as this bill).

���� b.��� Notwithstanding the
provisions of subsection a. of this section to the contrary:

���� (1)�� an excused absence, as
established in section 3 of P.L. , c. (C. ) (pending
before the Legislature as this bill), shall be considered an absence for the
purpose of chronic absenteeism reporting pursuant to the rules and regulations
promulgated pursuant to P.L.2018, c.23 (C.18A:38-25.1 et al.), and any federal
reporting requirements pursuant to the �Every Student Succeeds Act,� Pub.L.
114-95; and

���� (2)�� a State-excused absence,
as established in section 4 of
P.L. , c. (C. )
(pending before the Legislature as this bill), shall not be considered for
purposes of calculating a student�s absentee rate pursuant to the rules and
regulations promulgated pursuant to P.L.2018, c.23 (C.18A:38-25.1 et al.), and
any federal reporting requirements pursuant to the �Every Student Succeeds
Act,� Pub.L. 114-95.

���� 7.��� (New section)� The
Commissioner of Education shall develop and distribute to school districts
guidance concerning the reporting of student absences and calculating chronic
absenteeism for purposes of complying with the requirements of P.L. , c. (C. ) (pending
before the Legislature as this bill).

���� 8.
��� Section
3 of P.L.1995, c.235 (C.18A:7E-3) is amended to read as follows:

���� 3.��� Report cards issued
pursuant to section 2 of P.L.1995, c.235 (C.18A:7E-2) shall include, but not be
limited to, the following information for:

���� a.���� the school district and
for each school within the district, as appropriate:

���� (1)�� results of the
elementary assessment programs;

���� (2)�� results of the Early
Warning Test;

���� (3)�� results of the High
School Proficiency Test;

���� (4)�� daily attendance records
for students and professional staff
, including the number and percentage of
student absences disaggregated by excused absences, State-excused absences, and
unexcused absences pursuant to the provisions of sections 3 through 5 of
P.L.������� , c.�������� (C.������� ) (pending before the Legislature as this
bill)
;

���� (5)�� student graduation and
dropout rates;

���� (6)�� annual student scores on
the Scholastic Aptitude Test;

���� (7)�� total student
enrollment, percentage of limited English proficient students, percentage of
students in advanced placement courses, and any other school characteristics
which the commissioner deems appropriate;

���� (8)�� instructional resources
including teacher/student ratio, average class size and amount of instructional
time per day, as calculated by formulas specified by the commissioner;

���� (9)�� a written narrative by
the school principal or a designee which describes any special achievements,
events, problems or initiatives of the school or district;

���� (10) data identifying the
number and nature of all reports of harassment, intimidation, or bullying;

���� (11)� indicators of student
career readiness;

���� (12)� the number and
percentage of students who were chronically absent, as defined in rules and
regulations promulgated by the
[
Commissioner
of Education
]

commissioner
within 90 days of the effective date of P.L.2018, c.23
(C.18A:38-25.1 et al.), including the number and percentage of students who
were chronically absent disaggregated by multiple student subgroups to be
determined by the commissioner;

���� (13) �� the number,
percentage, and demographics, including race, gender, disability, grade level,
and eligibility for free or reduced-price lunch under the National School Lunch
Program, of students who received one or more suspensions or expulsions or who
were reported to or arrested by law enforcement, by category of offense,
pursuant to the provisions of the Uniform State Memorandum of Agreement Between
Education and Law Enforcement Officials;
[
and
]

���� (14) the number of school
psychologists, school counselors, social workers, student assistance
coordinators, and other mental health professionals employed by, or under
contract with, the school district to provide mental health services to
students, and the ratio of students to the total number of mental health
professionals providing services in the school and the district; and

���� (15)� the number of school
safety specialists; and

���� b.��� the school district, as
appropriate:

���� (1)�� per pupil expenditures
and State aid ratio;

���� (2)�� percent of budget
allocated for salaries and benefits of administrative personnel;

���� (3)�� percent of budget
allocated for salaries and benefits of teachers;

���� (4)�� percentage increase over
the previous year for salaries and benefits of administrative and instructional
personnel;

���� (5)�� the number of
administrative personnel and the ratio of administrative personnel to
instructional personnel;

���� (6)�� a profile of the most
recent graduating class concerning their educational or employment plans
following graduation; and

���� (7)�� any other information
which the commissioner deems appropriate.

���� For the purposes of this
section, the
[
Commissioner
of Education
]

commissioner
shall establish a uniform methodology for the reporting of
the data concerning administrative personnel on a full-time equivalent basis.

(cf: P.L.2021, c. 387, s.1)

���� 9.��� N.J.S.18A:38-27 is
amended to read as follows:

���� 18A:38-27.� Any child between
the ages of six and 16 years who
[
shall
]

is

repeatedly
[
be
]
absent from
school
for an unexcused absence, as defined in section 5 of P.L.����� ,
c.����� (C.������� ) (pending before the Legislature as this bill)
, and any
child of
[
such
age
]

those
ages
found away from school during school hours whose parent, guardian
,

or other person having charge and control of the child is unable to cause
[
him
]

the child

to attend school and any pupil who is incorrigible, actually vagrant, vicious,
or immoral in conduct, shall be deemed to be a juvenile delinquent and shall be
proceeded against as
[
such
]

a juvenile
delinquent
.

(cf: N.J.S.18A:38-27)

���� 10.� This act shall take
effect 180 days following the date of enactment, but shall remain inoperative
until the first day of the first full school year following the effective
date.� The Commissioner of Education may take any anticipatory action necessary
for the implementation of this act.

STATEMENT

���� This bill clarifies public
school student attendance recording and reporting requirements for State and
federal accountability purposes.

���� Under the State Board of
Education�s regulations, students are required to be recorded as present,
absent, or excused for a State-excused absence.� The six State-excused absences
include: 1) a student�s religious observance; 2) participation in observance of
Veterans Day; 3) participation in district board of election membership
activities; 4) participation in �Take Our Children to Work Day�; 5) a certain
number of college visits for students in grades 11 and 12; and 6) a closure of
a busing school district that prevents a student from having transportation to
a receiving school. Under current law, absences based on a student�s physical
and mental health are not recognized as excused absences.

���� Pursuant to New Jersey�s
federally approved Every Student Succeeds Act (ESSA) State Plan, the Department
of Education is required to report on chronic absenteeism as an indicator of
school quality.� Under the ESSA State Plan and current regulations,
State-excused absences do not count toward the 10 percent of days missed before
a student is considered �chronically absent.�

���� This bill clarifies that
students are to be recorded on the student�s attendance record as present,
absent for an excused absence, absent for a State-excused absence, or absent
for an unexcused absence.

���� Under the bill, a student is
to be recorded as absent for an excused absence for:

���� (1)�� the physical health of
the student, including the experiencing of symptoms of a menstrual disorder;�

���� (2)�� the mental or behavioral
health of the student;

���� (3)�� the student�s required
attendance in court; or

���� (4)�� a death in the family.

���� Under the bill, an excused
absence, like a State-excused absence, cannot be used to exclude a student from
any awards or recognition on the basis of attendance.� As an excused absence,
students are required to be given the opportunity to make up any school work
that was missed during the absence.� In order to have the absence recognized as
an excused absence, the student is required to submit medical documentation,
non-medical documentation, or documentation from a parent or guardian of the
student to prove the student meets the requirements for an excused absence.�
Medical documentation is to excuse a student for up to five school days.� If
the student�s absence is the result of the mental or behavioral health of the
student, appropriate school support personnel are to meet with the student,
review the documentation submitted, and make a determination on whether the
absence qualifies as an excused absence.

���� This bill requires the
Commissioner of Education to develop guidance concerning the reporting of
student absences and calculating chronic absenteeism.

���� Additionally, this bill
requires the school district to report student attendance pursuant to the
categories established by the act for School Report Cards.� The bill clarifies
that for purposes of chronic absenteeism reporting, excused absences, as
established in this bill, are to be considered absences and counted towards a
student�s absentee rate.� State-excused absences are not to count for purposes
of calculating a student�s absentee rate.

���� Finally, the bill clarifies
that unexcused absences are considered in determining whether a student is
truant.