RED LION AREA SCHOOL DISTRICT ATTENDANCE ACT 168

RED LION AREA SCHOOL DISTRICT ATTENDANCE ACT 168 of 2016 – Truancy Legislation November 2016

Act 138 Truancy Legislation ü Changes and clarifies School Code truancy definitions ü Requires districts to offer School Attendance Improvement Plan (SAIP) ü Permits different options for truancy enforcement ü Modifies criminal penalties for truancy

Definitions ü Compulsory School Age: Time that parents elect to have the child enter school (no later than 8) until 17 years of age. ü Excused Absence: An absence permitted under section 1329. ü SAIC: Student Attendance Improvement Conference ü SAIP: Student Attendance Improvement Plan

By the Numbers ü Truant: 3 or more schools days of unexcused absences during the current school year. ü Habitually Truant: 6 or more school days of unexcused absences during the current school year. ü Referral to OCYF: 10 or more school days of unexcused absences during the current school year.

Notice Requirements ü Schools must notify parent within 10 days of student’s 3 rd unexcused absence within the school year. ü Description of consequences in preferred language of parent/parental relation ü Offer of SAIC ü Include biological or adoptive parent if school has mailing address and the individuals are not precluded from the information

Notices from RLASD ü Letter after 1 st unexcused absence ü Letter after 2 nd unexcused absence ü Letter after 3 rd unexcused absence ü Official Notice ü PCO

After Notices are Issued ü Offer SAIC/SAIP after the 3 rd unexcused absence ü Hold SAIC/SAIP at 6 th unexcused absence ü Child and parent are not required to attend. ü SAIC is held if parent and child do not attend. Document no shows.

Purpose of SAIC ü Absences and reasons are examined to improve attendance with or without additional services offered. ü Attendees may include: student, parental relation, supportive adults, appropriate school personnel, service providers.

SAIC ü Outcomes of the conference must be documented on the SAIP. ü No legal action may take place until scheduled date for SAIC has passed. ü School may not expel or impose OSS, disciplinary reassignment, or transfer for truant behavior. (Does not include permission to attend transfer if necessary. ) ü Verification of SAIC is required prior to OCYF referral.

School Procedures for Truancy ü Habitually Truant and under 15 years ü Refer student to school based or community based attendance improvement program. ü Contact OCYF for services. ü File citation against parent/parental relation.

School Procedures for Truancy ü Habitually Truant and over 15 years ü Refer student to school based or community based attendance improvement program. ü File citation against the student or person in parental relation. ü Refer to OCYF if student incurs additional unexcused absences or refuses to participate in school based programs.

Filing Truancy Citations ü May not file citation if ü proceeding is pending ü referral to OCYF is not closed ü dependency petition has been filed and juvenile court has jurisdiction ü Burden of Proof – School must prove beyond a reasonable doubt that student was habitually truant without justification. (Documentation!)

Penalties ü 1 st Offense: fine not to exceed $300 including court costs. ü 2 nd Offense: fine not to exceed $500 depending on the ability to pay. ü 3 rd and Subsequent Offense: fine may exceed $500 depending on the ability to pay up to $750.

Alternative Penalties ü Participation in community service. ü Completion of appropriate course or program designed to improve. attendance approved by president judge ü Suspension of sentence if student attends school in accordance with the court’s plan.

Work to be done ü Additional clarification ü Revision ü Policy ü Procedures ü Handbooks ü Letters ü Calendar

Acknowledgement CGA Law Firm Mieke Driscoll Sean Fields John Uhler