Student Count for ANB – Clarification ofWednesday, December 28, 2011, 9:09 am
A district may count an enrolled student who is absent on the official count date, but only if the count-date absence is less than the 11th consecutive absence (excused or unexcused) and the student is still enrolled in the district. See 10.20.102, Administrative Rules of Montana (ARM).
The commonly-called "10-day-rule" should not be used as a grace period to keep a student in enrolled status if the student has left the district. For example, do not use the "10-day-rule" to count a student when, within 10 days of the count date, the student:
(a) has enrolled in another district,
(b) has discontinued attendance pursuant to verbal or written notice given to the district, or
(c) is otherwise unable to continue in attendance, or
(d) has had his/her records transferred to another school.
The "10-day-rule" should be applied only for the purposes of the official enrollment count dates (i.e., to determine which students can be counted in the enrollment for calculating ANB). OPI is not aware of any law, rule, or regulation that requires a district to routinely un-enroll or "drop" a student when the student reaches his/her 11th consecutive absence. Again, apply the "10-day-rule" only for the purposes of determining which students can be included in the count.
ARM 10.20.102 (10) provides an exception to the 10-day-rule. Extenuating circumstances for students who do not meet the criteria for inclusion in the ANB enrollment count but would support a variance should be submitted to the Superintendent of Public Instruction by a responsible school official prior to the official enrollment count date for consideration of inclusion of the student in the enrollment count for ANB purposes beyond the 10th day of absence.
For more information, contact Nica Merala, (406) 444-4401