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  1. #1
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    Default School Refusing to Accept Excused Absences for No Good Reason

    My question involves criminal law for the state of: north carolina, and i dont know if its actually criminal i just couldn't find a good place to post this question so here goes

    I'm 17, from North Carolina, in public school, and have had about 20 absent days of school this year. 15 of them have been excused for sickness, and on those days my parents directly contacted the school. Even though the majority were totally excused, i was still given f's in all of my classes until i turned in a "appeal" about why i missed the days. this was already ridiculous and interfering with my 9th amendment right to an educations, but non the less i wrote an appeal and sent it in even though the school had been directly contacted about why i had absences. the appeal letter was rudely and offensively rejected by the principal of the school, a unstable violent women who is extremely unreasonable and who last year even threatened, and this is an exact quote, to break a students neck if they sold drugs in the school. this is essentially her being on a power trip, and not listening to reason, and in the process calling me and my entire family liars. this is NOT acceptable, because of this unstable woman i now have all f's and will be unable to graduate, even though on 15 of my absent days my parents DIRECTLY called the school saying why i was absent. other than my clear constitutional right, is the school breaking any other laws by basing my grades not off my academic work but off nothing at all other than the command of the principle which is not based in reason? and for what reasons exactly could i bring civil or criminal charges against the school as a whole, and the unstable and violent principle in particular?

  2. #2
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    Default Re: School Refusing to Accept Excused Absences for No Good Reason

    I think I see the problem here:

    YOU.

    I don't know what happened in your situation but you have a really poor attitude and a serious misunderstanding of your rights. Would you care to enlighten us as to how the 9th amendment provides a right to an education?

    So far, based on your statements, you have no valid basis for an action against neither the school or the principal for either a civil or criminal action. Schools are allowed to utilize your attendance in determining your grades.

  3. #3
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    Default Re: School Refusing to Accept Excused Absences for No Good Reason

    Does your school have a policy regarding the maximum number of days you can miss before you're given an "F"?

    And sorry, but I wholeheartedly agree with jk's post in its entirety!

  4. #4
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    Default Re: School Refusing to Accept Excused Absences for No Good Reason

    The 9th Amendment in no way grants you the right to an education. It simply bars the government from infringing upon your personal rights inherit in being a person and a citizen of the United States. The government is allowing you the priviledge of attending the government school system and in doing so demand that you follow certain guidelines mandated by the federal, state, and local governing bodies. If you feel that the school is not meeting your criteria for an education then you can excercise your right to educate yourself by enrolling in any number of private institutions the offering the education you seek.

    (PS: this is the same answer I gave on another forum to the OP, where she recieved similiar postings to those mentioned above.

    OP, GIVE UP! you are clearly not going to win this one)

  5. #5
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    Default Re: School Refusing to Accept Excused Absences for No Good Reason

    Quote Quoting jk
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    Schools are allowed to utilize your attendance in determining your grades.
    the question is if they can base my grades off of absences that were excused for illness because of direct contact to the school from parents, but that they (the principal) then decided were unexcused after the fact, even though there is no basis for them to be unexcused when the school has been directly contacted about all excused absences.

  6. #6
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    Default Re: School Refusing to Accept Excused Absences for No Good Reason

    You are confusing something here, well a lot of somethings. The school decides if your absenses are "excused", not you or your parents. They have the authority to deem them whatever they want, excused, non-excused, pending...or anything else. They can be used to determine your grade. As I mentioned in the other forum if you disagree with the principal you can take it up with the Superintendent, or local school board, or file a complaint with the state Dept. of Education. However, the school has done nothing illegal so you don't have a suit against them for anything.

  7. #7
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    Default Re: School Refusing to Accept Excused Absences for No Good Reason

    Quote Quoting s.kepchar
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    the question is if they can base my grades off of absences that were excused for illness because of direct contact to the school from parents, but that they (the principal) then decided were unexcused after the fact, even though there is no basis for them to be unexcused when the school has been directly contacted about all excused absences.


    Nothing illegal happened here.

  8. #8
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    Default Re: School Refusing to Accept Excused Absences for No Good Reason

    Quote Quoting s.kepchar
    View Post
    the question is if they can base my grades off of absences that were excused for illness because of direct contact to the school from parents, but that they (the principal) then decided were unexcused after the fact, even though there is no basis for them to be unexcused when the school has been directly contacted about all excused absences.
    the question is if they can base my grades off of absences that were excused for illness because of direct contact to the school from parents,
    You seem to be misunderstanding something. Apparently those are not considered to be excused absences. As well, you refuse to address the additional five absences.

    Just having your parents contact the school does not typically make an absence excused. Even if it did, it would appear the principal feels the initial determination was improper and as such has rescinded the action of excusing the absences.

    Does your school have a policy in place regarding absenteeism and grades?

    the basic answer to your question is: yes, they can.

    Now, if you disagree with the decision, you need to explore means to appeal the decision as your student policy allows or possibly approaching the school board regarding the principals actions.

    So, care to state how the 9th amendment proclaims a right to an education?

  9. #9
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    Default Re: School Refusing to Accept Excused Absences for No Good Reason

    According to several NC county policies I looked at, and if yours is similar, excessive absences regardless of whether they are excused or not can result in a failure. Did you make up any assignments/tests that were missed? Further, an absence is not considered excused unless a note is submitted by the parent and sometimes a doctor. that is pretty much a requirement across the board with the language being that a note shall be submitted for it to be excused.

    You should be able to find your county's policy in the student/parent handbook every school normally hands out at the beginning of the year. About the worst you might do is report them to the state if they are not abiding by NC's compulsory attendance laws but that ain't gonna change the "F"'s on your report card.

  10. #10
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    Default Re: School Refusing to Accept Excused Absences for No Good Reason

    Quote Quoting antrc170
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    The school decides if your absences are "excused", not you or your parents.
    obviously, the school deciding that absences are unexcused even when they have been contacted directly and after the fact of them being excused is the issue, that is clearly a decision that is not based in reason. and thank you for speaking with only the authority you have on the subject, because it would sound arrogant for you to speak as if you understood the situation.

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