16 V.S.A. § 1120: Definitions

As used in this chapter:

(1) “Absence” means a student who is, for at least half the school day when school is open, not physically on school grounds or who is not receiving or attending educational, cocurricular, or athletic services or programming elsewhere pursuant to a program or plan approved by:

(A) the district, if the student is enrolled in a public school; or

(B) an approved independent school, if the student is enrolled in an approved independent school.

(2) “Chronic absenteeism” means a student who is absent for any reason for 10 percent or more of a district’s or approved independent school’s student attendance days within one school year, regardless of whether the absences are considered excused or unexcused.

(3) “Excused absence” means an absence that is approved by the superintendent or designee, or the head of school or designee for an approved independent school, pursuant to section 1123 of this chapter, either before or after the date or dates of the student’s absence. Excused absences shall include days of in- or out-of-school suspension.

(4) “Parent or guardian” shall have its ordinary meaning; provided, however, that it shall also mean a student in the following situations:

(A) the student has reached the age of majority;

(B) the student is an independent student as that term is defined under subsection 1075(h) of this chapter; or

(C) the student qualifies as an unaccompanied youth under the McKinney-Vento Homeless Assistance Act, 42 U.S.C. §§ 11431–11435.

(5) “Truancy” means a student who accumulates 20 or more unexcused absences either within the same school year or within a district’s or approved independent school’s last 175 consecutive student attendance days, regardless of whether the absences were within the same school year.

(6) “Unexcused absence” means any student absence that does not fit one of the categories of excused absences. Failure of the parent or guardian to provide justification for the absence if requested by the superintendent or the head of school for an approved independent school shall also constitute an unexcused absence.