MCHENRY COUNTY REGIONAL OFFICE OF
EDUCATION
TRUANCY MANUAL
REGIONAL SUPT. LESLIE J SCHERMERHORN J.D.
(6/3/2019)
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McHenry County Regional Office of Education Truancy Office
Table of Contents:
Mission Statement. …………………………………………………………………………………… 3 Illinois Compulsory Attendance Law and Definitions…………………………………. 4-6 Districts and schools who we aid. ……………………………………………………………… 7-8 Who we are and what do we do. ………………………………………………………………. 9-11 Truancy investigation Process …………………………………………………………………… 12-14 School Interventions …………………………………………………………………………………. 15 Recent Law changes ………………………………………………………………………………….. 16 Sample letters …………………………………………………………………………………………… 17-19 Guidelines to improve attendance ……………………………………………………………. 20 Predicators of future truancy ……………………………………………………………………. 21 Miscellaneous important information ………………………………………………………. 22-23 Blank page for notes …………………………………………………………………………………. 24
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Mission Statement
The mission statement of the Truancy office is to provide all McHenry County students the opportunity to succeed in school by inspiring a vision of achievement for all, fostering innovative solutions to reach the vision and promoting commitment of parents, schools and communities to this vision.
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Illinois Compulsory Attendance Law
Parents need to know that all McHenry County Area students are expected to attend school every day. The Compulsory School Attendance Law states that whoever has custody or control of any child between the ages of 6 and 17 years must send the child to a public or private day school on a regular basis. The child can only be truant for 5% of the previous 180 academic school days, which equates to 9 full days
105 ILCS 26-1. Compulsory school age-Exemptions. Whoever has custody or control of any child (i) between the ages of 7 and 17 years (unless the child has already graduated from high school) for school years before the 2014-2015 school year or (ii) between the ages of 6 (on or before September 1) and 17 years (unless the child has already graduated from high school) beginning with the 2014-2015 school year shall cause such child to attend some public school in the district wherein the child resides the entire time it is in session during the regular school term, except as provided in Section 10-19.1, and during a required summer school program established under Section 10-22.33B; provided, that the following children shall not be required to attend the public schools: 1. Any child attending a private or a parochial school where children are taught the branches of education taught to children of corresponding age and grade in the public schools, and where
the instruction of the child in the branches of education is in the English
language; 2. Any child who is physically or mentally unable to attend school, such disability being certified to the county or district truant officer by a competent physician licensed in Illinois to practice medicine and surgery in all its branches, a chiropractic physician licensed under the Medical Practice Act of 1987, a licensed advanced practice nurse, a licensed physician assistant, or a Christian Science practitioner residing in this State and listed in the Christian Science Journal; or who is excused for temporary absence for cause by the principal or teacher of the school which the child attends; the exemptions in this paragraph (2) do not apply to any female who is pregnant or the mother of one or more children, except where a female is unable to attend school due to a complication arising from her pregnancy and the existence of such complication is certified to the county or district truant officer by a
competent physician; 3. Any child necessarily and lawfully employed According to the provisions of the law regulating child labor may be excused from attendance at school by the county superintendent of schools or the superintendent of the public school which the child should be attending, on certification of the facts by and the recommendation of the school board of the public school district in which the child resides. In districts having part time continuation schools, children so excused shall
attend such schools at least 8 hours each week; 4. Any child over 12 and under 14 years of age while
in attendance at confirmation classes; 5. Any child absent from a public school on a particular day or days or at a particular time of day for the reason that he is unable to attend classes or to participate in any examination, study or work requirements on a particular day or days or at a particular time of
day, because the tenets of his religion forbid secular activity on a particular day or days or at a particular time of day. Each school board shall prescribe rules and regulations relative to absences for religious
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holidays including, but not limited to, a list of religious holidays on which it shall be mandatory to excuse a child; but nothing in this paragraph 5 shall be construed to limit the right of any school board, at its discretion, to excuse an absence on any other day by reason of the observance of a religious holiday. A school board may require the parent or guardian of a child who is to be excused from attending school due to the observance of a religious holiday to give notice, not exceeding 5 days, of the child’s absence to the school principal or other school personnel. Any child excused from attending school under this paragraph 5 shall not be required to submit a written excuse for such absence after returning to
school; and 6. Any child 16 years of age or older who (i) submits to a school district evidence of necessary and lawful employment pursuant to paragraph 3 of this Section and (ii) is enrolled in a graduation incentives program pursuant to Section 26-16 of this Code or an alternative learning opportunities program established pursuant to Article
13B of this Code. (Source: P.A. 98-544, eff. 7-1-14; 99-173, eff. 7-29-15.)
The Definition of Truant According to The Illinois School Code - Ch. 105 ILCS, Sec. 5/26-2a
A “truant” is defined as a child who is subject to compulsory school attendance and who is absent without valid cause, as defined under this Section, from such attendance for more than 1% but less than 5% of the past 180 school days.
“Valid cause” for absence shall be illness, observance of a religious holiday, death in the family, family emergency, and shall include such other situations beyond the control of the student as determined by the board of education in each district, or such other circumstances which cause reasonable concern to the parent for the safety or health of the student.
“Chronic or habitual truant” shall be defined as a child subject to compulsory school attendance and who is absent without valid cause from such attendance for 5% or more of the previous 180 regular attendance days.
“Truant minor” is defined as a chronic truant to whom supportive services, including prevention, diagnostic intervention and remedial services, alternative programs and other school and community resources have been provided and have failed to result in the cessation of chronic truancy, or have been offered and refused.
A “dropout” is defined as any child enrolled in grades 1 through 12 whose name has been removed from the district enrollment roster for any reason other than his death, extended illness, graduation or completion of a program of studies and who has not transferred to another public or private school. “Religion” for the purposes of this Article, includes all aspects of religious observance and practice, as well as belief.
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Definitions As used in this policy, the following terms shall have the following meanings:
“Valid Cause for Absence” Shall mean: A. illness B. observance of a religious holiday; C. death in the immediate family; D. family emergency; E. other situations beyond the control of the student as determined by the principal, or principal’s designee, on a case-by-case basis, including, but not limited to, homelessness and its attendant difficulties. (Students who may be homeless should be referred to the Homeless Liaison at the McHenry county ROE.) “Excused Absence” Shall mean: an absence for which there is a valid cause either: A. known to the principal or principal’s designee; or B. Attested by a letter (or note) signed by the parent or legal guardian setting forth such cause and approved by the principal or the principal’s designee either before or after the date of absence. “Unexcused Absence” Shall mean: An absence for which there is no valid cause. “Immediate Family” Shall include parents, spouse, brothers, sisters, children, grandparents, and legal guardians. “Truant” Shall mean: a student subject to compulsory school attendance and who is absent without a valid cause for a school day. “Chronic Truant” Shall mean: a student subject to compulsory school attendance and who is absent from such attendance without valid cause for 5% or more of the previous 180 regular attendance days.
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Districts and Schools.
2. Nippersink 47. Crystal lake • Richmond Grade School. • Canterbury Elementary School • Spring Grove Elementary • Coventry Elementary School • Nippersink Middle School • Glacier ridge Elementary School 3. Fox River Grove • Hannah Beardsley middle School • Algonquin Rd Elementary School • Husmann Elementary School • Fox River Grove Middle School • Indian Prairie Elementary School 12. Johnsburg school district • Lundahl Middle School • Ringwood primary center • North Elementary School • Johnsburg Elementary School • Bernotas Middle School • Johnsburg Junior high School • South Elementary School • Johnsburg High School • West Elementary School 15. McHenry • Woods creek Elementary School • Valley View Elementary School 50. Harvard • Riverwoods Elementary School • Jefferson Elementary School • Hilltop Elementary School • Crosby Elementary School • Landmark Elementary School • Harvard Jr High School • Edgebrook School • Harvard High School • Chauncey H. Duker School 154. Marengo • Parkland School • Marengo High School • McHenry Middle School 155. Crystal lake 18. Riley • Cary Grove High School • Riley Community Cons. School (K-8) • Crystal Lake central High School 19. Alden Hebron • Crystal Lake south High School • Alden-Hebron Elementary school • Prairie Ridge High School • Alden-Hebron Middle School 156. McHenry • Alden-Hebron High school • McHenry East High School 26. Cary • McHenry West High School • Oak Knoll Early Childhood Center 157. Richmond burton • Three Oaks School • Richmond Burton High School • Deer Path School 158. Huntley • Briargate School • Chesak Elementary School • Cary jr High School • Conley Elementary School • Cary High School • Leggee Elementary School 36. Harrison • Mackeben Elementary School • Harrison school • Martin Elementary School 46. Prairie Grove • Marlowe Middle School • Prairie Grove Jr High • Heineman Middle School • Prairie Grove Elementary School • Huntley High School 165. Marengo • Locust Elementary School • Grant Intermediate School
• Marengo Middle School
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200. Woodstock • Verda Dierzen School • Westwood Elementary School • Prairiewood Elementary School
• Olson Elementary School • Mary Endres Elementary School • Greenwood Elementary School • Dean street Elementary School • Northwood Middle School • Creekside Middle School • Clay Academy
• Woodstock High school • Woodstock North High school
McHenry County Regional safe school • Evergreen Academy
Plus 19 Private schools
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Truancy Officer
Tim Dempsey
Duties of the Truancy Officer
(105 ILCS 5/26-5) (From Ch. 122, par. 26-5) Sec. 26-5. Duties of truant officers. The truant officer of the school district, whenever notified by the Superintendent, teacher, or other person of violations of this Article, or the county truant officer, when notified by the County Superintendent, shall investigate all cases of truancy or non-attendance at school in their respective jurisdictions, and if the children complained of are not exempt under the provisions of this Article, the truant officer shall proceed as is provided in this Article. The county truant officer, within the county and the district truant officers, within their respective districts, shall in the exercise of their duties be conservators of the peace and shall keep the same, suppress riots, routs, affray, fighting, breaches of the peace, and prevent crime; and may arrest offenders on view and cause them to be brought before proper officials for trial or examination.
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Other Duties of the Truancy Officer.
#1) Investigate Truancy (105 ILCS 5/26-1) Sec. 26-1. Compulsory school age-Exemptions. Whoever has custody or control of any child between the ages of 6 and 17 years (unless the child has already graduated from high school) shall cause such child to attend some public school in the district wherein the child resides the entire time it is in session during the regular school term, except as provided in Section 10-19.1, and during a required summer school program established under Section 10-22.33B…
Sec. 26-2a. “Chronic or habitual truant” is defined as a child who is subject to compulsory school attendance and who is absent without valid cause, as defined under this Section, from such attendance for more than 1% but less than 5% of the past 180 school days.
#2) Investigate “Educational Neglect” (105 ILCS 5/26-3) (From Ch. 122, par. 26-3) Sec. 26-3. Teachers furnished list-Report of non-attendance-Report of persons not on list. The clerk or secretary of the school board of all school districts except those employing district truant officers shall furnish the superintendent of schools at the beginning of the school year a list of the names and addresses of the children living in the district who come under the provisions of this Article and of persons having custody or control of such children. The superintendent shall at the opening of school and at other times when required by the regional superintendent of schools compare the list with the enrollment of the school or schools and report to the regional superintendent of schools the names of persons having custody or control of children included under the provisions of this Article who are truant or who are chronic or habitual truants for whom supportive services and other school resources have failed to correct the truant behavior and who are not in regular attendance at the public school, and the names of such children and their ages, stating in each case, if known, the cause of such absence. The report shall also contain the names of any other persons who were not enumerated in the list at the beginning of school and who have the custody or control of children not attending school. The regional superintendent shall, without delay, place such information at the disposal of the regional truant officer. (Source: P.A. 80-908.)
#3) Investigate “Home Schooling” (From www.isbe.net) “The regional superintendent of schools for the student’s county of residence has first-line responsibility for investigating reports of noncompliance with the compulsory attendance laws
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found in Article 26 of the Illinois School Code. In fulfilling this legal responsibility, regional superintendents may expect the parents who seek to educate their children at home to establish, when necessary, that they are providing instruction that is at least commensurate with the standards established for public schools. With evidence that home instruction in a specific instance does not satisfy the requirements of state law, the regional superintendent may request the regional or school district truant officer to investigate to see that the child is in compliance with the compulsory attendance law. Truant officers are peace officers empowered to conduct investigations, enforce the compulsory attendance law and to refer matters of noncompliance to the courts. A parent who allows a child to attend a home school that does not comply with the standard of Section 26-1, as interpreted by Levisen, allows the child to be truant and can be found to have committed a Class C misdemeanor.”
#4)”Mandated Reporters” Abused and Neglected Child Reporting Act (325 ILCS 5/4) Mandated reporters are to report child maltreatment to DCFS at 1-800-25ABUSE.
Mandated reporters are professionals who may work with children In the course of their professional duties. There are several groups of Mandated reporters as defined in the ANCRA:
School Personnel: includes administrators and certified and Non-certified staff such as the superintendent, teacher, principal, School counselor, school nurse, and school social worker, assistant Principal, teacher’s aide, truant officer, school psychologist, and Secretary
#5) Official Advisor (on behalf of the Regional Superintendent)
(105 ILCS 5/3-14.7) (From Ch. 122, par. 3-14.7) Sec. 3-14.7. Official adviser and assistant of school officers and teachers. To act as the official adviser and assistant of the school officers and teachers in his region. In the performance of this duty he shall carry out the advice of the State Board of Education. (Source: P.A. 81-1508.) (105 ILCS 5/3-10) (From Ch. 122, par. 3-10) Sec. 3-10. Controversies – opinion and advice – Appeal. In all controversies arising under the school law, the opinion and advice of the regional superintendent shall first be sought, whence appeal may be taken upon a written statement of facts certified by the regional superintendent to the State Board of Education. (Source: P.A. 81-1508.)
#6) all other crimes We are to immediately report all other crimes to local authorities.
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Truancy Investigation Process: The McHenry County Truancy Office treat each Truancy Case very differently. The interventions and approach we take are customized to each individual student as no two cases are the same even when dealing with siblings. Once a student has been referred to our office it is because that Particular school have exhausted all of their interventions. However we still like to take guidance from the school officials the reason for this is they know the student better. Our office will take referrals two ways either by our online referral portal or via direct email to myself. Once the referral has been received the following process takes place. (Not necessarily in this order)
1) Acknowledge receipt of the referral within 24hrs. 2) Create a case folder. 3) Information is entered in to the truancy database and an initial warning letter is sent out. 4) Obtain all the pertinent available biographical/educational information & documentation.* See miscellaneous information at the end of this manual 5) Contact the guardian via phone and/or e-mail. 6) Conduct a school visit and meet the student, this should be a brief introduction meeting to try and obtain as much background information and explain the Truancy Process to the student. For your protection, a school staff member should be present with you during this interview. 7) Conduct a home visit. 8) Determine whether a local ordinance Truancy Ticket has been issued, and/or if one needs to be issued coordinate with local PD. (If local jurisdiction has a truancy ordinance.)
If the truancy continues, then the next step may be (Truancy officer can determine to go directly to hearing): 9) Conduct an ROE Truancy Conference with all parties involved, preferably at the school. A letter assigning a date requesting their attendance at the Conference shall be sent regular and certified mail, and forward an e-mail copy to the referring school administrator. The purpose of the Conference is to have the student and their guardian agree to attend school.
If the truancy continues, then the next step shall be: (105ILCS5/26-8 Determination as to compliance) Conduct a Regional Hearing at the ROE or other location with all parties involved. A letter assigning a date requiring their attendance at the Hearing shall be sent regular and certified mail, and forward an e- mail copy to the referring school administrator. The purpose of the Hearing is to have the student and their guardian agree with and sign an Attendance Agreement. A Failure to Appear Notice shall be sent regular and certified mail to the guardians that refuse or fail to attend the Hearing, and forward an e- mail copy to the referring school administrator.
If the truancy continues, then the next step shall be
10) Send a Truancy Petition to the McHenry County State’s Attorney Office.
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Educational Neglect Investigation Process: Since 2006, DCFS no longer investigates “Educational Neglect” cases.
Abused and Neglected Child Reporting Act (325 ILCS 5/4) (From Ch. 23, par. 2054) (Text of Section from P.A. 98-67) A child shall not be considered neglected or abused solely because the child is not attending school in accordance with the requirements of Article 26 of the School Code, as amended.
DCFS will send a letter to the local ROE which has the basic complaint and biographical information. Once again, the following statute authorizes the Truancy Office to investigate reported cases of “Educational Neglect”: (105 ILCS 5/26-3) (from Ch. 122, par. 26-3) Sec. 26-3. Teachers furnished list-Report of non-attendance-Report of persons not on list-
The following steps shall be completed within a timely manner upon receiving a complaint of Educational Neglect from any source (DCFS, local school district, ROE, citizen, etc.): 1) Create a case folder. 2) Document any and all actions, contacts, etc., for each case using current practice methods. 3) Conduct an interview in person or via phone to verify whether child is compliant with the Pupils Compulsory Attendance statute (105 ILCS 5/).
If the child is in violation of the Pupils Compulsory Attendance statute (105 ILCS 5/):
4) The guardian is to be immediately notified of this in person or via phone, then a certified letter is to be sent explaining the law and giving the guardian a specific amount of time in which to comply with the law. The guardian has the right to either enroll the child within the local school district, private school, or home school the child.
If the child is still in violation of the Pupils Compulsory Attendance statute (105 ILCS 5/):
5) 105ILCS5/26-8 Determination as to compliance) Conduct a Regional Hearing at the ROE with all parties involved. A letter assigning a date requesting their attendance at the Hearing shall be sent regular and certified mail. The purpose of the Hearing is to have the student and their guardian agree with and sign a last chance Attendance Agreement and enroll them in an educational program of their choice. A Failure to Appear Notice shall be sent regular and certified mail to the guardians that refuse or fail to attend the Hearing.
If the child is still in violation of the Pupils Compulsory Attendance statute (105 ILCS 5/):
Send a Truancy Petition to the McHenry County State’s Attorney Office.
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Home Schooling Investigation Process: The Illinois State Board of Education has stated, “A parent who allows a child to attend a home school that does not comply with the standard of Section 26-1, as interpreted by Levisen, allows the child to be truant and can be found to have committed a Class C misdemeanor.”
The following mandated minimal amount of subjects must be covered in any “home school” program per the ISBE: - Language arts - Mathematics -Biological and physical sciences -Social sciences -Fine arts -Physical development and health
The following steps shall be completed within a timely manner upon receiving a complaint of a child whose “home school” program is not compliant with the ISBE: 1) Create a case folder. 2) Document any and all actions, contacts, etc., for each case using current practice methods. 3) Conduct an interview in person or via phone to verify whether child is compliant with the Pupils Compulsory Attendance statute (105 ILCS 5/). 4) Request the guardian to show proof that the above listed mandated minimal amount of subjects is covered in their “home school” program. The following are the only acceptable items of proof: a) Proof of current enrollment in an on-line or correspondence type “Home School” program that encompasses the above listed subjects. Or b) School type text books that encompass the ISBE mandated listed subjects. Or c) Computer based software, or written material that encompass the ISBE mandated listed subjects. Or d) A combination of the above that encompass the ISBE mandated listed subjects.
If the child is in violation of the Pupils Compulsory Attendance statute (105 ILCS 5/):
5) The guardian is to be immediately notified of this in person or via phone, then a certified letter is to be sent explaining the law and giving the guardian a specific amount of time in which to comply with the law. The guardian has the right to either enroll the child within the local school district, private school, or meet the minimal “home school” mandated subjects.
If the child is still in violation of the Pupils Compulsory Attendance statute (105 ILCS 5/26):
6) 105ILCS5/26-8 Determination as to compliance) Conduct a Regional Hearing at the ROE with all parties involved. A letter assigning a date requesting their attendance at the Hearing shall be sent regular and certified mail. The purpose of the Hearing is to have the student and their guardian agree with and sign a last chance Attendance Agreement and enroll them in an educational program of their choice. A Failure to Appear Notice shall be sent regular and certified mail to the guardians that refuse or fail to attend the Hearing.
If the child is still in violation of the Pupils Compulsory Attendance statute (105 ILCS 5/):
7) Send a Truancy Petition to the McHenry County State’s Attorney Office.
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School Interventions
Interventions a school should consider doing before contacting the Truancy Office
A few examples would be but not limited to…
• Letters to parent(s) at 3, 6, and 9 unexcused days. Consider including in the 3rd letter 9 days that “a copy of this letter is being sent to the county truancy officer”. • Assessment of School Climate • Universal screening Practices • Phone calls to Parents • Informational Attendance Letters • Home visits • Parent/Student Conference • Use of Community based Services. • Visit with the school social workers if needed • Mentoring • Attendance contract • Positive interventions with Student • Alternative School Programs
A reasonable amount of interventions would be 3 documented interventions. Time is of the essence we would much rather get a truancy referral early we would rather find out on the 9th unexcused Day rather than 20+ days.
Remember Rome was not built in a day and Truancy interventions take time.
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Recent changes to the Illinois school code.
Effective as of January 1, 2019, the following changes regarding truancy are in effect. To see the complete legislation, please go to http://www.ilga.gov/legislation/publicacts/fulltext.asp?Name=100-0810 (105 ILCS 5/26-12) (From Ch. 122, par. 26-12) Sec. 26-12. Punitive action. (a) No punitive action, including out of school suspensions, expulsions or court action, shall be taken against chronic truants for such truancy unless appropriate and available supportive services and other school resources have been provided to the student. (b) A school district may not refer a truant, chronic truant, or truant minor to any other local public entity, as defined under Section 1-206 of the Local Governmental and Governmental Employees Tort Immunity Act, for that local public entity to issue the child a fine or a fee as punishment for his or her truancy. A school district may refer any person having custody or control of a truant, chronic truant, or truant minor to any other local public entity, as defined under Section 1-206 of the Local Governmental and Governmental Employees Tort Immunity Act, for that local public entity to issue the person a fine or fee for the child’s truancy only if the school district’s truant officer, regional office of education, or intermediate service center has been notified of the truant behavior and the school district, regional office of education, or intermediate service center has offered all appropriate and available supportive services and other school resources to the child. Before a school district may refer a person having custody or control of a child to a municipality, as defined under Section 1-1-2 of the Illinois Municipal Code, the school district must provide the following appropriate and available services: (1) For any child who is a homeless child, as defined under Section 1-5 of the Education for Homeless Children Act, a meeting between the child, the person having custody or control of the child, relevant school personnel, and a homeless liaison to discuss any barriers to the child’s attendance due to the child’s transitional living situation and to construct a plan that removes these barriers. (2) For any child with a documented disability, a meeting between the child, the person having custody or control of the child, and relevant school personnel to review the child’s current needs and address the appropriateness of the child’s placement and services. For any child subject to Article 14 of this Code, this meeting shall be an individualized education program meeting and shall include relevant members of the individualized education program team. For any child with a disability under Section 504 of the federal Rehabilitation Act of 1973 (29 U.S.C. 794), this meeting shall be a Section 504 plan review and include relevant members of the Section 504 plan team. (3) For any child currently being evaluated by a school district for a disability or for whom the school has a basis of knowledge that the child is a child with a disability under 20 U.S.C. 1415(k) (5), the completion of the evaluation and determination of the child’s eligibility for special education services. (4) Before a school district may refer a person having custody or control of a child to a local public entity under this Section, the school district must document any appropriate and available supportive services offered to the child. In the event a meeting under this Section does not occur, a school district must have documentation that it made reasonable efforts to convene the meeting at a mutually convenient time and date for the school district and the person having custody or control of the child and, but for the conduct of that person, the meeting would have occurred. (Source: P.A. 85- 234.)
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Truancy Sample Letters
Warning letter (Automatically sent when referral is received) REGIONAL TRUANT OFFICER’S REPORT TO PARENT OR GUARDIAN Case Number
????????? ????????? ?????????
Dear Parent:
It has been brought to my attention and information has been filed with the Regional Office of Education in McHenry County that (______) student at (______) School has been unexcused absent for (__) days during the 2018/19 school year. “Chronic or habitual truant” shall be defined as a child who is subject to compulsory school attendance and who is absent without valid cause from such attendance for 1% but less than 5% of the past 180 school days. 5% equates to 9 days. (105 ILCS 5/26-2a).
In accordance with the compulsory attendance provision of the Chapter 105 ILCS 5/26-1 through 5/26- 14, you are hereby notified that said child shall be present at school. Attendance must be continuous and consecutive during the 2018/19 school year.
Legal action will be taken if your child is not present in school. The law states that the parent may be fined up to $500.00 or confined to the county jail for 30 days or both for permitting truancy. Additionally, a petition may be filed with the juvenile court, which may result in a disposition hearing adjudicating the juvenile as a truant minor in need of court supervision. A minor so adjudicated may be: ordered by the court to attend school and be held in contempt for not so doing; ordered to obtain counseling or other supportive services; subject to a fine in an amount in excess of $5.00 but not to exceed $100.00; and required to perform reasonable public service work.
I have enclosed with this letter a copy of the compulsory attendance provision of the Chapter 105 ILCS 5/26-1 through 5/26-2a as well as the provision of a fine for non-compliance 5/26-10. Dated this (______) at the Regional Office of Education for McHenry County.
Sincerely,
Tim Dempsey Truancy Officer
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Conference Letter (Sent if it is deemed attendance can and will improve)
(_Date_)
????????????? ????????????? ?????????????
Dear Parent:
The State of Illinois requires every parent to properly educate their child/children to educate means to see that your child be in all classes every day and on time, except if seriously ill and excused by a Medical Doctor or by the school nurse.
If this does not occur, the law states that the parent(s) can be fined $500.00 or be imprisoned up to 30 days in the county jail, or both. In addition, a Juvenile Court petition may be filed against your son/daughter. To avoid this action, the law states that your child must return to school immediately and continue to attend consecutively during the remainder of the school year.
A conference at the school has been scheduled for you regarding your child:
DATE: (______)
TIME: (______)
School: (______) The purpose of this letter is to avoid further action by this office. If you have any questions, you may contact me directly at (815) 334-4005.
Sincerely,
Tim Dempsey Truancy Officer
cc: (School Official)
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Regional Hearing Letter (This would be the Final meeting before a Court petition is filed)
(___Date_____)
???????????? ???????????? ????????????
Dear parent:
A truancy report has been filed with this office by (______) school district concerning (______) the information received indicates (______) being of school age and under your control, is chronically Truant from school. I am requesting that you and your child attend a Regional Hearing:
Date: Time: Place:
Please bring with you copies of all medical notes.
The state law of Illinois requires that the parent or legal guardian must see that his children are in all classes every day, until those children are at least 17 years of age. If this does not occur, the law states that the legal guardian can be fined up to $500.00 or be imprisoned up to 30 days in the county jail, or both.
The purpose of this hearing is to discuss (______) future and to avoid any further legal action. If you do not attend this hearing or respond to this letter, further legal action will be taken involving the McHenry County State’s Attorney’s office. If you have any questions, please contact this office.
Tim Dempsey McHenry County Truancy Officer 815-334-4005
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Guidelines to improve a student’s attendance from the school and Truancy office
The most successful components for any successful attendance improvement is a 4 step process. However for this process to work effectively all 4 steps should be carried out in order.
Communication.
Communication includes every measure the school has taken to ensure the Student(s) Parent(s) and staff understand the Plan that has been put in place to improve the overall attendance of the Student(s) communication is but not limited to Letters, staff awareness, Attendance assemblies and any other resource that has been developed at the school. The desired effect of this step is to have a positive impact on the Student(s) attendance.
Prevention.
Prevention is based on the Collection and accurate recording of daily attendance reporting of a student(s) attendance whether it be Excused or Unexcused the school should be notifying parents of these absences. The daily monitoring procedures conducted by school staff will provide an accurate early indication of any attendance and truancy issues.
Truancy Officers Interventions.
The Truancy Officers Interventions are solely based on early and accurate information that is being given for the Truant, and the fully completed Referral form. Our parent Conferences should always be held at the school and should always include representative from the school who is familiar with the student. (Teacher, social worker, nurse.) The Truancy Officer first goal is to asses why the student is truant and to assist the student and the school in measures to improve the student’s attendance. All interventions done by the school, including any referrals to outside agencies must be documented and maintained for any future reference.
Regional office of Education Interventions. The regional office of education is committed to assisting all schools and districts with truancy. The McHenry County Truancy Officer works aggressively with schools and parents to intervene early and resolve school attendance problems. During the truancy officers Investigation, information is gathered and sanctions may be imposed such as community service or Working in partnership with the McHenry County State’s Attorney, and McHenry County Court Services a truancy Petition may be made. This
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Predictors of future Truancy cases
1. Attendance issues – frequent absences, suspicious excused, frequent tardiness. 2. Poor classroom performance and behavior. 3. Relationships with peers. – loner, shy, gets into fights 4. Physical Appearance – clothing, personal hygiene, health issues 5. Eating Disorders – anorexia, bulimia, obesity. 6. Sudden change of school. 7. Sibling Performance – Seeing older or younger sibling not attending school. 8. Family environment – good/bad. 9. Undiagnosed learning development issue. 10. Being held back in a previous school. 11. Any friends who are Truancy issues or dropouts. 12. Circle of friends or boyfriend/girlfriend are much older than student. 13. Any type of social isolation or social anxiety. 14. Has had many ISS or OSS. 15. Recent parental breakup. – Separation or divorce. 16. Recent death of a close family member – grandparents or siblings. 17. Immediate family members who have trouble with Alcohol or Drugs. 18. Lack of parental supervision. – Parents work early and are not there to make sure student gets to school. 19. Abused or neglected any time DCFS has been involved. 20. Parent’s phone disconnected. 21. ED or LD placement. 22. Moved to 2 or more school within the school year. 23. Mover than 15 unexcused absences in Kindergarten or 1st grade 24. Separation Anxiety parent/child.
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Miscellaneous important information
Can a school give information to the Truancy officer? (105 ILCS 5/26-9) (From Ch. 122, par. 26-9) Sec. 26-9. School officers and teachers to assist truant officers. School officers, superintendents, teachers or other persons shall render such assistance and furnish such information as they have to aid truant officers in the performance of their duties. Source: Laws 1961, p. 31.)
Medical Exclusion is Truancy: 105 ILCS 5/27-8.1 Health examinations and immunizations. (5) If a child does not submit proof of having had either the health examination or the immunization as required, then the child shall be examined or receive the immunization, as the case may be, and present proof by October 15 of the current school year, or by an earlier date of the current school year established by a school district. To establish a date before October 15 of the current school year for the health examination or immunization as required, a school district must give notice of the requirements of this Section 60 days prior to the earlier established date. If for medical reasons one or more of the required immunizations must be given after October 15 of the current school year, or after an earlier established date of the current school year, then the child shall present, by October 15, or by the earlier established date, a schedule for the administration of the immunizations and a statement of the medical reasons causing the delay, both the schedule and the statement being issued by the physician, advanced practice nurse, physician assistant, registered nurse, or local health department that will be responsible for administration of the remaining required immunizations. If a child does not comply by October 15, or by the earlier established date of the current school year, with the requirements of this subsection, then the local school authority shall exclude that child from school until such time as the child presents proof of having had the health examination as required and presents proof of having received those required immunizations which are medically possible to receive immediately. During a child’s exclusion from school for noncompliance with this subsection, the child’s parents or legal guardian shall be considered in violation of Section 26-1 and subject to any penalty imposed by Section 26-10. This subsection (5) does not apply to dental examinations and eye examinations. If the student is an out-of-state transfer student and does not have the proof required under this subsection (5) before October 15 of the current year or whatever date is set by the school district, then he or she may only attend classes (i) if he or she has proof that an appointment for the required vaccinations has been scheduled with a party authorized to submit proof of the required vaccinations. If the proof of vaccination required under this subsection (5) is not submitted within 30 days after the student is permitted to attend classes, then the student is not to be permitted to attend classes until proof of the vaccinations has been properly submitted. No school district or employee of a school district shall be held liable for any injury or illness to another person that results from admitting an out-of-state transfer student to class that has an appointment scheduled pursuant to this subsection (5).
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If a student has an IEP or a 504 Plan can they still be referred to Truancy? Yes – If a student has an IEP or a 504 it does not make them exempt from truancy. Unless as stated in 105 ILCS 26-1 the child has a signed medical documentation giving them permission not to be in school then they should be in school. The main goal of an IEP is to benefit the student by setting goals and working to achieve them, chronic truancy greatly effects this. Truancy works to help aid the school in helping the student achieve these goals. With a 504 plan in effect for a student a school would have the necessary trained staff on site to aid and assist the student and help aid School, in cases where a student has a 504 plan, apart from their own home school is the safest place for them.
What if a student is truant under 6? As the legal age for a child to be considered a truant is 6-17 all the consequences have to be done at the school level. Some *suggestions would be: -Letters to Parents at 3, 6, 9 Unexcused days. -A school conference with parents. -Schedule changes if possible -Holding student back. -Depending on age i.e. almost 6 call Truancy Office for assistance
*These should only be considered for students under 6 that are in FULL DAY kindergarten.
What if a student is Truant at 17? At 17, the only legal consequences are at the school level. The school has the following choice in order of progression: -detentions (in school, after school, weekend); -suspension -student is dropped from all the classes, will not get credit toward graduation & put into a study hall -hold student back a semester or a year -expulsion after missing 10 days in a row, unless they have an IEP (Individual Educational Plan). In these cases, schools must keep the student enrolled until the day before their 22nd b-day. - GED: The Junior Colleges allow 16 year olds to be enrolled in the GED prep courses, but they can only start taking the test on their 17th birthday. Also during this process, the student has to be offered credit recovery incentives or programs. There are several laws that allow drop outs to re-enroll up to age 21 depending on the situation
Finally. The goal of the truancy office is not to put parents or students in truancy court but to assist the student in returning to a stable and consistent school schedule. Truancy court is used only as a last resort.
The unexcused days absent in the last 180 academic days DO NOT have to be consecutive.
Thank you. End of text Document.
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Notes.
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