Truancy Intervention Private Schools, Charter Schools & the District of Residency

Bob Mueller Director, Student Attendance, Safety & Well-Being Student Support Services Department Student Services & Programs Division San Diego County Office of Education Compulsory Education & the District of Residency 48200. Each person between the ages of 6 and 18 years not exempted under the provisions of this chapter or Chapter 3 (commencing with Section 48400) is subject to compulsory full-time education. Compulsory Each person subject to compulsory full-time education and each person subject to compulsory Education is continuation education… shall attend the public full-time day school or continuation school or the classes and for the full time designated as the length of the schoolday by the governing board of the Responsibility school district in which the residency of either the parent or legal guardian is located and each parent, of the guardian, or other person having control or charge of the pupil shall send the pupil to the public full- District of time day school or continuation school or classes and for the full time designated as the length of the Residence schoolday by the governing board of the school district in which the residence of either the parent or legal guardian is located… EC 48222. Children who are being Private School instructed in a private full-time day school by persons capable of Students teaching shall be exempted. Such Exempt from school shall… offer instruction in the Requirement several branches of study required to be taught in the public schools of the of Attendance state. The attendance of the pupils in District of shall be kept by private school authorities in a register, and the Residence. record of attendance shall indicate Not Exempt clearly every absence of the pupil from from school for a half day or more during each day that school is Compulsory maintained during the year… Education. EC 48222… Exemptions under this section shall be valid only after verification by the attendance supervisor of the district… that District of the private school has complied Residence with the provisions of Section Responsible for 33190 requiring the annual filing… of a private school… affidavit… Compulsory Ed with the Superintendent of Public Even if Student Instruction. The verification… shall is in a Private not be construed as an evaluation, recognition, approval, or School endorsement of any private school or course. EC 48290. The governing board of any school district, shall, on the complaint of any person, make full and District of impartial investigation of all Residence charges against any parent, Required to guardian, or other person Investigate having control or charge of Truancy any child, for violation of any of the provisions of this chapter. EC 48291. If it appears upon investigation that any parent, guardian, or other person having control or charge of District of any child has violated any of Residence the provisions of this chapter, Required to the secretary of the board of education, except as provided Refer to a in Section 48292, or the clerk SARB of the board of trustees, shall refer such person to a school attendance review board… EC 48291. ... In the event that any such parent, guardian, or other person continually and willfully fails to respond to directives of District of the school attendance review Residence board or services provided, the Required to school attendance review board Seek shall direct the school district to make and file in the proper court Prosecution for a criminal complaint against the Defying parent, guardian, or other person, SARB Authority charging the violation, and shall see that the charge is prosecuted by the proper authority… 48260(a) A pupil subject to compulsory full-time education or to compulsory continuation Student is a education who is absent from school without a valid excuse three “Truant”: full days in one school year or tardy Three or absent for more than a 30- Occasions of minute period during the school day without a valid excuse on three Unexcused occasions in one school year, or Absence any combination thereof, shall be Greater than classified as a truant and shall be reported to the attendance 30 Minutes supervisor or to the superintendent of the school district. 48260.5: Upon a pupil's initial classification as a truant, the school district shall notify the pupil's parent or guardian using the most cost-effective method possible, which may include electronic mail or a telephone call: a) That the pupil is truant. School District b) That the parent or guardian is obligated to compel the attendance of the pupil at school. Must Notify of c) That parents or guardians who fail to meet this obligation may be guilty of an infraction and subject Initial to prosecution pursuant to Article 6 (commencing with Section 48290) of Chapter 2 of Part 27. Classification d) That alternative educational programs are available in the district. as a Truant. e) That the parent or guardian has the right to meet with appropriate school personnel to discuss solutions to Notice Must the pupil's truancy. f) That the pupil may be subject to prosecution under Include the 8 Section 48264. g) That the pupil may be subject to suspension, Items Listed in restriction, or delay of the pupil's driving privilege pursuant to Section 13202.7 of the Vehicle Code. 48260.5 h) That it is recommended that the parent or guardian accompany the pupil to school and attend classes with the pupil for one day.

48261. Any pupil who has Every once been reported as a truant and who is again Unexcused absent from school without Absence valid excuse one or more Greater than days, or tardy on one or more 30 Minutes days, shall again be reported Counts as an as a truant to the attendance Additional supervisor or the Truancy superintendent of the district. 48262. Any pupil is deemed an habitual truant who has been reported as a truant three or more times per school year, provided that no pupil shall be deemed an habitual truant unless an appropriate district officer or employee has made a Habitual conscientious effort to hold at least one Truant conference with a parent or guardian of the pupil and the pupil himself, after the Parent Notice filing of either of the reports required by Section 48260 or Section 48261. For 3 Truancies purposes of this section, a conscientious Effort to Meet effort means attempting to communicate with the parents of the pupil at least once using the most cost-effective method possible, which may include electronic mail or a telephone call. 48320. (a) In enacting this article it is the intent of the Legislature that intensive guidance and coordinated community services may be provided to meet the special needs of pupils SARB Uses with school attendance problems or school behavior problems. (b) Any school attendance Intensive review board… which determines that available Guidance & public and private services are insufficient or inappropriate to correct school attendance or Coordinated school behavior problems of minors may: (1) Propose and promote the use of alternatives to Community the juvenile court system. (2) Provide… for maximum utilization of community and Services as regional resources … prior to any involvement with the judicial system. (3) Encourage an Alternatives to understanding that any alternative based on Court the utilization of community resources carries an inherent agency and citizen commitment Involvement. directed toward the continuing improvement of such resources and the creation of resources where none exist. 48321. (e) In any county in which there is no county school attendance review board, a school district governing board may elect to SDCOE Does establish a local school Not Have a attendance review board, County SARB. which shall operate in the same manner and have the same authority as a county school attendance review board. 48321. (b) (1) Local school attendance review boards may include, but need not be limited to, all of the following: (A) A parent. (B) A representative of school districts. (C) A representative of the county probation department. (D) A representative of the county welfare department. (E) A representative of the county superintendent SARB Members of schools. (F) A representative of law enforcement agencies. (G) A representative Appointed by of community-based youth service centers. the Board of (H) A representative of school guidance personnel. (I) A representative of child Education. welfare and attendance personnel. (J) A representative of school or county health care personnel. (K) A representative of school, county, or community mental health personnel. (2) Other persons or group representatives shall be appointed by the county board of education. Insert Education Code SARB authorizing a Can Only Be Charter School Authorized by to operate a a County or School Attendance District BOE. Review Board. (There isn’t One.) EC 48290 - Insert 48292 Requires Education Code the District of authorizing a Residence Charter School Investigate to refer to the district Reports of attorney or probation Truancy, department. Refer to SARB (There isn’t One.) & Seek Prosecution. Traditional Attendance Schools Use the definitions and notification processes outlined in Education Code as a model for SDCOE Advice Truancy Intervention. 1. First Notification of Truancy to Charter 2. Notification of Continued Truancy Schools & 3. SART Meeting Private Schools 4. School Placement Committee on Truancy Meeting & Attendance Agreement. 5. Sever Enrollment & Report Truancy Intervention to District of Attendance. 6. District of Attendance SARBs & orders placement in district school. Independent Study is a form of Alternative Placement. • Truancy is as unexcused absence of more than 30 minutes. SDCOE • Failure to turn in work or attend appointments is NOT truancy. Advice to Independent Students who are not successful in Alternative Placement should Study Charter be returned to regular school Schools placement as soon as it is apparent the student is unlikely to succeed. Failure to Comply w/ Contract First Occasion • Mail Notice of Non-Compliance • Warn of potential for severance of SDCOE attendance. Advice to • Contact parent by phone. Second Occasion Independent • Mail 2nd Notice of Non-Compliance Study Charter • Schedule an Administrative Review of Schools for Placement w/student, parent, teacher & school administrator. Truancy • Written Recovery Plan to make up Intervention work. Include support services (academic & social/ emotional) available to the student or family. Failure to Comply w/ Contract Third Occasion • Mail 3rd Notice – Notice of Potential for Termination of Enrollment • Schedule School Placement Committee SDCOE (SARB-like) meeting. Advice to • Invite the Attendance Supervisor for the district of residence to attend. Independent • Establish written Terms for Continued Study Charter Enrollment. Include support services (academic and social emotional). Schools for Fourth Occasion Truancy • Sever enrollment and direct student to enroll in the District of Residence. Intervention • Report Severance of Enrollment to Attendance Supervisor for the District of Residence. District of Residence The district supervisor of attendance should refer the student and parent to SARB SARB Can Limit following unsuccessful School Choice placement in a Private School or Options & Charter due to Truancy. Make SARB can direct the parent to Placement enroll the student in the Decisions district of residence to allow the district to better supervise the attendance of the student.

Charter Schools EC 47605(d)(3) If a pupil is expelled or Charter schools leaves the charter school without are required by graduating or completing the school EC to notify a year for any reason, the charter school shall notify the superintendent of the student’s school district of the pupil's last district of known address within 30 days, and shall, upon request, provide that residence school district with a copy of the within 30 days cumulative record of the pupil, including a transcript of grades or when a report card, and health information. student leaves This paragraph applies only to pupils their subject to compulsory full-time education pursuant to Section 48200. enrollment. The District of Residence Truancy “Shall”s EC 48290 Investigate truancy. EC 48291 Refer to SARB.

EC 48291 Seek prosecution if SARB directives are ignored.

1) Classify as a truant. EC 48260.5 2) Notify parents. Include 8 required elements. Make a conscientious effort to meet with the EC 48262 parent & student prior to classification as Habitual Truant. Exempt from requirement to enroll in the district Private of residence; not from compulsory education. Schools & Charter District of Residence retains responsibility for Schools 48290-48291. Private schools & Charters lack authority for SARB & DA Referral.