NonAttendees Truancy December 15 2020 systemic pragmatic cultural

Non-Attendees /Truancy December 15, 2020 systemic pragmatic cultural collaborative

Compulsory Education and Truancy Sarah A. Forster Assistant Attorney General sarah. forster@maine. gov December 15, 2020

Three key concepts: What are Maine’s compulsory education requirements? n When is a student truant? n What is your obligation to truant students under the law? n

Compulsory Education Compulsory education is essential to the preservation of the rights and liberties of the people and the continued prosperity of our society and our nation. Maintaining regular student attendance is necessary to achieve the goal of an educated citizenry. Public schools should ensure the rights of access for all school-age persons to an appropriate educational opportunity and, when necessary, should develop alternatives to regular school curricula for those children and youth at risk of becoming dropouts and those who may have left school. 20 -A M. R. S. § 5001 -A(7)

Compulsory Attendance - Age n n Persons 6 years of age or older and under 17 years of age shall attend a public day school during the time it is in regular session. A person 5 years of age or older and under 6 years of age who is enrolled in and who has not withdrawn from a public day school is required to attend that school during the time it is in session. 20 -A M. R. S. § 5001 -A(1), (1 -A)

Exceptions n n High school graduates 15 yo/9 th grade with suitable program of work and study or training Matriculated and attending postsecondary program full-time with permission from Commissioner Enrolled in an online program or course 20 -A M. R. S. § 5001 -A(2)

Alternatives n n A private school approved for attendance purposes A private school recognized by the Department as providing equivalent instruction A home instruction program Any other manner arranged for the by the school board and approved by the Commissioner 20 -A M. R. S. § 5001 -A(3)(A)(1)

Documentation n n For private schools, a certificate showing the name, residence and attendance of the person at the school, signed by the person or persons in charge of the school, filed with the school officials of the SAU For home instruction, a notice of intent, and, for subsequent years, a notice plus a copy of an assessment 20 -A M. R. S. § 5001 -A(3)(A)(2), (4)

Special Considerations n n n Homeless students: determination of the best interest of the student – attend school of current residence or school where enrolled when they became homeless Other exceptions to the general residency requirements ESOL: have the attendance requirements been communicated to the parents in a language that they understand

Attendance n n SAU policy What does attendance mean this year?

Excusable Absence n n n Personal health, including the person's physical, mental and behavioral health; An appointment with a health professional that must be made during the regular school day; Observance of a recognized religious holiday when the observance is required during the regular school day; A family emergency; A planned absence for a personal or educational purpose that has been approved; or Education disruption (incl. homelessness) 20 -A M. R. S. § 5001 -A(4)

Truant n n n Has completed grade 6 and has the equivalent of 10 full days of unexcused absences or 7 consecutive school days of unexcused absences during a school year Is at least 6 years of age and has not completed grade 6 and has the equivalent of 7 full days of unexcused absences or 5 consecutive school days of unexcused absences during a school year; Is enrolled in a public day school, is at least 5 years of age and has not completed grade 6 and has the equivalent of 7 full days of unexcused absences or 5 consecutive school days of unexcused absences during a school year. 20 -A M. R. S. § 5051 -A(1)

Truancy Process: Notice and Referral n n Principal notifies superintendent within 5 days of last absence Referral to the school's student assistance team or the school personnel designated by the superintendent in accordance with the school administrative unit's intervention system 20 -A M. R. S. § 5051 -A(2)(A-1), (A-2)

Truancy Process: Role of the Team n Team must determine the cause of the truancy and assess the effect of the student's absences, as well as any future absences for the student. If it is determined that a negative effect exists, the student assistance team or the school personnel designated by the superintendent in accordance with the school administrative unit's intervention system under section 4710 shall develop an intervention plan to address the student's absences and the negative effect of these absences. 20 -A M. R. S. § 5051 -A(2)(A-2)

Truancy Process: Intervention Plan n n n Frequent communication between the teacher and the family; Changes in the learning environment; Mentoring; Student counseling; Tutoring, including peer tutoring; Placement into different classes;

Truancy Process: Intervention Plan n n Consideration of multiple pathways as described under section 4703; Attendance contracts; Referral to other agencies for family services; and Other interventions, including, but not limited to, referral to the school attendance coordinator, student assistance team or dropout prevention committee. 20 -A M. R. S. § 5051 -A(2)(A-2)

Truancy Process: Notice to Parent n If the intervention plan is unable to correct the truancy of the child, the superintendent shall serve or cause to be served upon the parent in hand or by registered mail a written notice that attendance of the child at school is required by law. The notice must: n n State that the student is required to attend school pursuant to section 5001 -A; Explain the parent's right to inspect the student's attendance records, attendance coordinator's reports and principal's reports;

Truancy Process: Notice to Parent n n n Explain that the failure to send the student to school and maintain the student in regular attendance is a civil violation in accordance with section 5053 -A and will jeopardize the student's status in the grade that the student is in; State that the superintendent may notify the local law enforcement department of a violation of section 5053 -A and the Department of Health and Human Services of a violation under subsection 1, paragraph C; and Outline the plan developed to address the student's truancy and the steps that have been taken to implement that plan 20 -A M. R. S. § 5051 -A(2)(C)

Truancy Process: Procedures n The superintendent shall develop procedures to refer a student who is truant to the student assistance team or the school personnel designated by the superintendent in accordance with the SAU’s intervention system under section 4710 in accordance with this section. These procedures may include, but are not limited to: n Identifying school personnel responsible for notifying the student assistance team or the school personnel designated by the superintendent in accordance with the school administrative unit's intervention system when a student is truant;

Truancy Process: Procedures n n A process for referral of a student who is truant, including identifying school personnel responsible for inviting the parents and the student to participate in any meeting that results from this referral; A timeline for setting up a meeting and developing an intervention plan under paragraph A-2; A plan for dealing with future absences of a student who is truant; and A plan for reporting of the results of the intervention plan developed pursuant to paragraph A-2. 20 -A M. R. S. 5051 -A(B-1)

Truancy Process: Report to Local Law Enforcement n Prior to notifying the local law enforcement department under paragraph E, the superintendent shall schedule at least one team meeting and may invite a local prosecutor. 20 -A M. R. S. § 5051 -A(2)(D)

Truancy Process: Report to Local Law Enforcement n If, after 3 school days after service of the notice referred to in paragraph C, the student remains truant and the parent and student refuse to attend the meeting scheduled according to paragraph D, the superintendent shall report the facts of the unlawful absence to the local law enforcement department, which may proceed with an action to enforce section 5053 -A against the parent unless the student is at once placed in an appropriate school or otherwise meets the requirements under section 5001 -A. 20 -A M. R. S. § 5051 -A(2)(E)

Transfer of Responsibility n n Local law enforcement DHHS (younger students)

Non-Attendees /Truancy Steve Connolly, MSSC Training Officer December 15, 2020 systemic pragmatic cultural collaborative

Non-Attendee /Truancy Cases Are Increasing Topics ü From the Trenches: Superintendent Feedback ü Chutes & Leaders: On the Path to Solutions ü Leadership is Science & Art ü Relationships Are Everything ü There is no “UA” in TEAM ü FERPA! Are you talking to me?

From the Trenches: Superintendent Feedback Steve’s Takeaways q The Butcher, The Baker, and The Candlestick Maker SES q Crises. RUS – school AND… Food insecurity, homelessness, mental illness, ELL services, etc. q Who /Which Group Is Falling Through the Cracks? q Remote Learners: Gilligan’s Island q TIME, SPACE, FUNDS q Home Alone

Chutes and Leaders: On the Path to Solutions § § COVID-19 has put mental illness on overdrive “Pro”activity – (i. e. , )Count ME In, SEL, SAT, RTI, IEP involved? Attendance Policies Meeting with Families If You Ain’t Got the Data… § Qualitative § Quantitative “Who You Gonna Call? ” § School Board, Superintendent, Principal, § School Nurse? Social Worker? School Counselor? § DHHS? SRO /Law Enforcement? § JCCO? § ADA?

Leadership is Science & Art Requirements NEO Reporting Sample Truancy Letter Registered letter Email Thinking Outside What Box? ? A Superintendent noted that district is going to use automated attendance alerts [to let parents know kids are not in remote classes? ] Tech Tools: *Securly, bark, goguardian, netref, linewize * Parent home router parental controls

Relationships Are Everything This may be how the parent remembers school… Or, they may view things as this… “This is hard stuff. Frequently, families aren’t capable of pulling it all together to make things work. Maybe they’ve been involved previously with state agencies along their own lives, or they’re jaded, afraid, and just want to ignore “it”– those parents don’t know how to get out of the pattern they’re in. In many cases, they gave up control a long time ago. And, very often, there are mental health issues (substance-based, familial, environmental), , , a $250 fine means nothing. ” “Come live my life… get this kid out of bed. ” ~ Sue Austin MSAD 60 Asst. Supt.

There Is No “UA” in TEAM ü Unexcused absences are symptoms ü We are required to track what IS NOT happening, but Sue Lieberman will share resources of how to reward what IS happening. FERPA! Are you talking to me? Health & Safety Exception Threat Assessment Team? YES! Truancy Committee? LIKELY YES! SRO • MOU (Ohio) • Annual FERPA Family Notification? Call Counsel (Thanks Elek!) • Annual Required Truancy Committee Meeting Thank you! steve. connolly@maine. gov

Department of Education Resources Attendance and truancy information get routed to staff in the following roles: • data and reporting questions (Helpdesk); • specific statutory and policy clarification (Pamela Ford-Taylor); • specific cases schools are grappling with that are complex and they need help unraveling (Pamela Ford-Taylor, Rich Meserve or Bear Shea , or other OSSS or Department staff according to their expertise); • cross-agency relationship questions (Rich Meserve); and • law enforcement (Jonathan Shapiro and Rob Susi).

JORDAN TOZIER SCHOOL RESOURCE OFFICER FOR RSU#3 AND DETECTIVE FOR THE WALDO COUNTY SHERIFF’S OFFICE

WE WILL DISCUSS: • What resources can law enforcement offer: • How do we locate these truant students? • How do we investigate these cases to improve attendance

DEVELOP A POINT OF CONTACT • Reach out to your local Police agency if you do not have a School Resource Officer. • Police Agencies want to help and be involved in the schools within their coverage area • Discuss these issues so everyone has a common understanding of how to address truancy as a coordinated team!

LAW ENFORCEMENT NEXT STEPS: GET THE INFORMATION • Talk with School Administration on their concerns • In the given scenario, the concerns are not just with truancy: talk with the classroom teacher on what they are seeing with the student • Get copies of attendance records (if possible) • Check Police reports for involvements with the family to get a better picture of what may be going on

HOW TO FIND FAMILIES: • If you cannot locate a child and family at their listed address: • Try Emergency contacts • Try E-mails given to the school by parents/guardians • Check Police reports for recent involvements. This is also a good way to get the parent/guardian’s newest contact information because they give this to dispatch when calling in a complaint. • Check social media for any recent information they may have posted. Seek assistance from your Computer crimes Officer. They are very good at finding people on social media! • Good old fashion police work! Find relatives, friends or neighbors and conduct interviews to find out where the family is and how to get in touch with them.

ONCE YOU FIND THE FAMILY: • If child abuse and or neglect is suspected: Talk with DHHS • Coordinate with DHHS on visiting the home and conducting interviews: Law Enforcement and DHHS should try to avoid multiple interviews • Coordinate with School Administration *I often do home visit’s with a Principal: This shows parent’s/guardians we are committed as a team to improve their student’s attendance issues.

ONCE YOU FIND THE FAMILY: • Assist DHHS with determining if any Laws were broken • Assist School in relaying information such as: • barriers for communication (changes in address, phone number, e-mail, no cell service, no internet). • What was the root cause of the truancy? (Domestic issues, loss of job or transportation, recent death in the family, substance abuse, or simply miscommunication) • Technology limitations in a virtual environment? • Is a summons appropriate for truancy?

LASTLY • Check in with student from time to time if possible (easier for Resource Officers assigned to Schools) • This shows you care about the students presence at School and builds a relationship with that student • The student may be more willing to talk to you about barriers they face or issues at home • Check in with School Administration on how the students attendance is: did the interventions work? • If you are being told the student is switching Schools follow up with that school to make sure the student is enrolled.

THANK YOU AND PLEASE FEEL FREE TO REACH OUT IF YOU NEED ANY ASSISTANCE Jordan Tozier Waldo County Sheriff’s Office RSU#3 School Resource Officer Jtozier@waldocountyme. gov 207 -568 -4675 (Office Number)

DOE/MSSC Attendance Forum December 15, 2020 Kate Imbruno, LMSW Bobbi L. Johnson, LMSW Office of Child and Family Services

Department of Health and Human Services Office of Child and Family Services Service Areas of the Office of Child and Family Service: Child Welfare - seeks safety, well-being and permanent homes for children, working with professionalism and respecting the dignity of all families. Child abuse reports are investigated on behalf of Maine communities, working to keep children safe and to guide families in creating safe homes for children. Children's Development & Behavioral Health - The Child Development and Behavioral Health Services Team supports the families of Maine and their children in accessing high-quality early childhood education and behavioral health services in their homes, schools and communities. Child Care - The Child Care team manages the Child Care Subsidy Program that helps eligible families pay for child care so they can work, go to school, or participate in a job training program. Children’s Licensing and Investigation Services - This specialized team licenses, monitors and investigates child care programs, children's residential facilities, child placing agencies, emergency shelters, and homeless shelters for youth. This program conducts child abuse and neglect investigations in a wide array of out of home settings that are licensed, subject to licensure, and funded by the Department. The program also conducts investigations in collaboration with or on behalf of other State Departments. Children's Licensing and Investigation Services is charged with ensuring that Maine children are safe, stable, happy and healthy in all out of home settings. Maine Department of Health and Human Services 43

Child Protection Intake receives reports of suspected child abuse and neglect from mandated reporters and community members. • Pre-screening Health Questions • Guidance Memo for Educators, Health Care Providers and Community Members Responding to Child Abuse and Neglect 1 -800 -452 -1999 Maine Department of Health and Human Services 44

Child Protection Intake – Report Sources Maine Department of Health and Human Services 45

Child Protection Intake Statute Title 20 -A Education. Child is age 6 or older (OR age 5 if enrolled in public school), has not completed sixth grade, has five consecutive school days of unexcused absences OR seven total full days of unexcused absences (20 -A § 5051 -A(1)(C), (D). (Educational Neglect)

Child Protection Intake – Truancy Related Questions • What school does the child attend? • What is the child’s age and current grade level? • What format of schooling is the child currently enrolled in for the 2020 -2021 school year? ☐ In School ☐ Remote Learning ☐ Homeschooling ☐ Hybrid Learning (combination of school and remote) • How many total AND unexcused absences has the child had this school year? • What efforts have the caregivers made to communicate with school staff about absences? • What have the caregivers said about the reasons for the child’s absences? • Have the caregivers been concerned/willing to problem solve, and/or seek solutions to improve attendance? • Has any alternative educational programming been implemented or attempted, if appropriate? • Does the child have any known developmental or other health concerns, that require an IEP or 504 plan? • How has the child’s academic performance been this year as compared to previous year(s)? Maine Department of Health and Human Services

Child Protection Investigation The child protection investigation is the first step in providing child welfare intervention to families through the duties authorized by 22 M. R. S. § 4004 (2), which states: “The Department shall act to protect abused and neglected children and children in circumstances that present a substantial risk of abuse and neglect, to prevent further abuse and neglect, to enhance the welfare of these children and their families and to preserve family life wherever possible. “ Staff must follow investigation procedures to ensure that allegations of child abuse and/or neglect are assessed through family engagement, contact with the referent, forensic interviews with critical case members and corroboration of facts with those that have information regarding the safety of the child. Maine Department of Health and Human Services 48

Child Welfare Investigation Workflow 49

Child Protection Investigations Maine Department of Health and Human Services 50

Permanency is the process by which OCFS supports families where there has been a finding of child abuse and/or neglect to resolve the safety concerns, and when removal is necessary, help children exit DHHS custody through reunification, adoption or permanency guardianship. This is accomplished through: • Development of the Rehabilitation and Reunification Family Plan • Monthly Caseworker Contacts with parents, youth and resource parents • Family Team Meetings • Service provision and monitoring • Family Visitation • Coordination between Courts, AAGs, OCFS, Parent’s Attorneys, Gals/CASAs Maine Department of Health and Human Services 51

Child Welfare System State Agency Partners Healthcare Providers Schools Tribal, Immigrant, Refugee Communities Relatives, Friends DV, Sexual Assault Providers, CACs Law Enforcement Family Foster, Adoptive Kinship Families Family Visitation Providers Housing Churches ARP Childcare Programs Mental/Behavioral Health/Substance Use Treatment Providers Parent Partners Maine Department of Health and Human Services 52

Questions? Kate Imbruno, LMSW Program Administrator, Child Protective Intake Office of Child and Family Services, DHHS Kate. Imbruno@maine. gov Bobbi L. Johnson, LMSW Associate Director of Child Welfare Services Office of Child and Family Services, DHHS Bobbi. Johnson@maine. gov Maine Department of Health and Human Services 53

The Prosecutor’s response to Truancy [Collaboration is the KEY to success. ] Christine Thibeault, ADA Cumberland County District Attorney’s Office December 15, 2020

COLLABORATION IS KEY TO SUCCESS Few law enforcement officers, prosecutors or judges are familiar with Maine’s truancy law. Having a protocol among agencies may make the process easier. Each case is labor-intensive - the goal is collaboration that will result in the student attending school, not simply imposing a sanction against the parent. Enforcement of court orders occurs outside of the court process. [The school or law enforcement notifies the prosecutor who may file a motion for contempt with the court. ] Court action to resolve truancy should be a last resort, and expectations of results should be tempered.

COMMUNICATION WITH LAW ENFORCEMENT Few prosecutors are familiar with the truancy statutes – law enforcement and/or school officials may need to educate them. Some courts allow law enforcement to submit civil violations on the Uniform Summons and Complaint (USAC or “ticket”) without prosecutor approval. Law enforcement should notify the local prosecutor of the summons and provide all of the necessary school records BEFORE the parent appears in court. [Discovery must be provided] The DISTRICT COURT (Not the Unified Criminal Court) has jurisdiction over truancy violations. [20 -A MRS § 5053 -A (7)] http: //legislature. maine. gov/statutes/20 -A/title 20 -Asec 5053 -A. html

INFORMATION PROSECUTORS NEED 1. School attendance records reflecting necessary number of UNEXCUSED absences: Equivalent of 7 full days or 5 consecutive days if the student is at least age 6 and has not completed the 6 th grade. Equivalent of 10 full days or 7 consecutive days if the student has completed the 6 th grade. Equivalent of 7 full days or 5 consecutive days if the student is enrolled in a public day school, is at least age 5, and has not completed the 6 th grade. 2. Notification to the Superintendent of the student’s truancy. 3. Notice of referral to the school’s Student Assistance Team or school personnel designated by the Superintendent. 4. Copy of the Intervention Plan developed to address the student’s truancy. 5. Copy of mandatory notice provided to the parent in hand or by certified mail. 6. Record that a meeting was held to address the truancy, proof that the parent(s) received notice of the meeting and whether the student and/or parent(s) attended. 7. Copy of the summons issued served on the parent(s). http: //legislature. maine. gov/statutes/20 -A/title 20 -Asec 5051 -A. html [20 -A MRS § 5051 -A]

PROVING TRUANCY VIOLATIONS If a parent: 1. has control of a student who is truant, AND 2. the parent is primarily responsible for that truancy, the parent commits a civil violation. [20 -A MRS § 5053 -A (1)] It is a defense to a prosecution that: 1. the parent has exercised reasonable diligence in attempting to cause a child in the parent's custody to attend school, or 2. the administrators of the child's school did not perform their duties as required by law. [20 -A MRS § 5053 -A (5)] [Prosecutors must prove the parent has NOT exercised reasonable diligence and the school HAS met the requirements of the law. ] http: //legislature. maine. gov/statutes/20 -A/title 20 -Asec 5053 -A. html

PANDEMIC-RELATED CHALLENGES TO PROVING TRUANCY LAW VIOLATIONS 1. What constitutes an “ABSENCE” from the school? 2. What constitutes an “UNEXCUSED” absence from the school day? 3. What constitutes “REASONABLE DILIGENCE” in attempting to cause the student to attend school? 4. Office closures/absences may delay communication. 5. DELAY – It may take months for a court case to appear before a judge and many months for the case to be finally resolved.

COURT ORDERS UPON FINDING A VIOLATION If a parent is found in violation of Maine’s truancy law, the judge may: 1. Impose a fine of up to $250. 00, some or all of which may be suspended upon compliance with a specific order of the court. 2. Order the parent to take specific action to: ensure the student's attendance at school; comply with the intervention plan developed by the school; participate in a parent-training class; attend school with the child; perform community service hours at the school; or participate in counseling or other services as appropriate. http: //legislature. maine. gov/statutes/20 -A/title 20 -Asec 5053 -A. html (2)] [20 -A MRS § 5053 -A

COMMUNICATION WITH THE SCHOOL In most cases, a fine will do little, if anything, to correct the truancy problem. A specific order directing the parent to take certain action to help resolve the truancy problem. Prosecutors may communicate with school officials to determine: What actions can the parent take to reduce/eliminate the truancy? May other agencies provide services that will assist the parent in complying with the court’s order? Who will determine whether the parent is complying with the court order? What steps will be taken if the truancy continues despite the parent’s compliance (or non-compliance) with the court order?

COMMUNICATION WITH OTHER AGENCIES Information/input from other agencies working with the student and/or parents may be helpful when considering a specific order against the parent: Department of Health and Human Services Case managers working with the student or parent(s) Juvenile Justice professionals (JCCO, juvenile defender, etc. ) Guardian ad litem (GAL) Law enforcement officials familiar with the family

COMMUNICATION WITH THE COURT Judges will want to know WHY a parent has been summoned to court and what the Court is BEING ASKED TO DO to help resolve the truancy problem. Consider dismissing the complaint against the parent if the truancy problem is corrected. Having a representative of the school present at court proceedings is very helpful. If an agreement is reached, have a draft order prepared for the judge to sign (or, if the intent is to dismiss the complaint upon compliance, an

Maine DOE School Safety Center Webinar Susan Lieberman Count ME In www. countmeinmaine. org slieberman@countmeinmaine. org

Key Ingredients of A Systemic and Collaborative Approach To Reducing Absenteeism

Shifting Our Approach Work in Isolation School Teams and Community Teams Rely on Existing Beliefs Listen and Form Positive Relationships with Families Punitive Approach Positive Partnerships that Overcome Barriers

Thank you to Our Presenters! Sarah A. Forster Assistant Attorney General Sarah. forster@maine. gov Jordan Tozier Waldo County Sheriff’s Office RSU#3 School Resource Officer Jtozier@waldocountyme. gov 207 -568 -4675 (Office Number) Susan Lieberman Count ME In www. countmeinmaine. org slieberman@countmeinmaine. org Jonathan Shapiro MSSC Director Jonathan. Shapiro@maine. gov Steve Connolly MSSC Training Officer Steve. Connolly@maine. gov (207) 441 -6943 (c) Kate Imbruno, LMSW Program Administrator, CP Intake Office of C&FServices, DHHS Kate. Imbruno@maine. gov Bobbi L. Johnson, LMSW Associate Director of CWSs Office of C&F Services, DHHS Bobbi. Johnson@maine. gov Christine Thibeault, ADA Cumberland County DA Office thibeault@cumberlandcounty. org Please feel free to contact any of us with questions!