HB886: Truancy; Board of Education shall promulgate regulations to address.
Be it enacted by the General Assembly of Virginia:
1. § 1. That the Board of Education shall promulgate regulations by July 1, 2013, to address truancy. In promulgating these regulations, the Board shall address the following: (i) provisions for early intervention at the school level for repeated unexcused absences; (ii) identification of and a plan to address a student's academic, social, familial, and other barriers that impede attendance in school; and (iii) arrangement of conferences that may be necessary between school personnel, students, parents, and community services providers, as appropriate, to address plans and strategies to improve student attendance, including but not limited to, referrals to family assessment and planning teams.
Be it enacted by the General Assembly of Virginia:
1. That §§ 22.1-258, 22.1-260, 22.1-261, 22.1-262, and 22.1-267 of the Code of Virginia are amended and reenacted as follows:
§ 22.1-258. Appointment of attendance officers; notification when pupil fails to report to school.
Every school board shall have power to appoint one or more attendance officers, who shall be charged with the enforcement of the provisions of this article. Where no attendance officer is appointed by the school board, the division superintendent or his designee shall act as attendance officer.
Whenever any pupil fails to report to school on a regularly
scheduled school day and no indication has been received by school personnel
that the pupil's parent is aware of and supports the pupil's absence, a
reasonable effort to notify the parent by
telephone the parent to
obtain an explanation for the pupil's absence shall be made by either the
school principal or his designee, the attendance officer, other school
personnel, or volunteers organized by the school administration for this purpose.
Any such volunteers shall not be liable for any civil damages for any acts or
omissions resulting from making such reasonable efforts to notify parents and
obtain such explanation when such acts or omissions are taken in good faith,
unless such acts or omissions were the result of gross negligence or willful
misconduct. This subsection shall not be construed to limit, withdraw, or
overturn any defense or immunity already existing in statutory or common law or
to affect any claim occurring prior to the effective date of this law. School
divisions are encouraged to use noninstructional personnel for this notice.
Whenever any pupil fails to report to school for a total of five scheduled three consecutive school days for during any part of
the school year and no indication has been received by school personnel that
the pupil's parent is aware of and supports the pupil's absence, and a
reasonable effort to notify the parent has failed, the school principal or his
designee or the attendance officer shall make a
reasonable effort to ensure that direct contact is made, to the extent possible, with the parent, either in person or through telephone
conversation, to obtain an explanation for the pupil's absence and to explain
to the parent the academic and legal consequences
of continued nonattendance. The school principal or his designee or the
attendance officer, the school guidance
counselor, the pupil, and the pupil's parent shall jointly develop
a plan to resolve the pupil's nonattendance. Such plan shall include
documentation of the reasons for the pupil's nonattendance and may include a requirement to attend evening
or weekend classes or make up missed class work or assignments.
If the pupil is absent an additional day after direct contact
with the pupil's parent and the attendance officer has received no indication
that the pupil's parent is aware of and supports the pupil's absence, either
the school principal or his designee or the attendance officer shall schedule a
conference within 10 three school days with the
pupil, his parent, and school personnel, which conference may include other
community service providers, to resolve issues related to the pupil's
nonattendance. The conference shall be held no later than 15 five school days after the sixth fourth
absence. Upon the next absence by such pupil without indication to the
attendance officer or other school
personnel that the pupil's parent is aware of and supports
the pupil's absence, the school principal or his designee shall notify the attendance officer or the division
superintendent or his designee, as the case may be, who shall enforce the provisions of this article by
either or both of the following: (i) filing a complaint with the juvenile and
domestic relations court alleging the pupil is a child in need of supervision or a child in need of services as
defined in § 16.1-228 or (ii) instituting proceedings against the parent
pursuant to § 18.2-371 or § 22.1-262.
In filing a complaint against the student, the school principal or
his designee or the attendance officer shall provide the division superintendent with written
documentation of the efforts to comply with the provisions of this section. In
the event that both parents have been awarded joint physical custody pursuant
to § 20-124.2 and the school has received notice of such order, both parents
shall be notified at the last known addresses of the parents.
Nothing in this section shall be construed to limit in any way the authority of any attendance officer or division superintendent to seek immediate compliance with the compulsory school attendance law as set forth in this article.
Attendance officers, other school personnel or volunteers organized by the school administration for this purpose shall be immune from any civil or criminal liability in connection with the notice to parents of a pupil's absence or failure to give such notice as required by this section.
§ 22.1-260. Reports of children enrolled and not enrolled; nonattendance; social security numbers required.
A. Within 10 days after the opening of the school, each public school principal shall report to the division superintendent:
1. The name, age and grade of each student enrolled in the school, and the name and address of the student's parent or guardian; and
2. To the best of the principal's information, the name of each child subject to the provisions of this article who is not enrolled in school, with the name and address of the child's parent or guardian. Upon receiving the list from the principal containing the names of students who are subject to the provisions of this article and whose parents have not exercised other lawful educational options pursuant to § 22.1-254 or 22.1-254.1, the division superintendent shall commence proceedings in accordance with the provisions of § 22.1-258 to enforce compliance with the compulsory school attendance law.
B. At the end of each school year, each public school principal shall report to the division superintendent the number of students by grade level for whom a conference was scheduled as required by § 22.1-258. The division superintendent shall compile such grade level information for the division, including information pertaining to proceedings instituted to enforce compliance with the compulsory school attendance law, and provide such information to the Superintendent of Public Instruction annually.
C. For the purposes of this section, each student shall present a federal social security number within 90 days of his enrollment. The Board of Education shall, after consulting with the Social Security Administration, promulgate guidelines for determining which students are eligible to obtain social security numbers. In any case in which a student is ineligible, pursuant to these guidelines, to obtain a social security number or the parent is unwilling to present such number, the superintendent or his designee may assign another identifying number to the student or waive this requirement.
§ 22.1-261. Attendance officer to make list of children not enrolled; duties of division superintendent.
The attendance officer or the division superintendent or his
designee shall check the reports submitted pursuant to subsection A of §
22.1-260 with reports from the State Registrar of Vital Records and Health
Statistics. From these reports and from any other reliable source the
attendance officer or the division superintendent or his designee shall, within
five days after receiving all reports submitted pursuant to subsection A of §
22.1-260, make a list of the names of children who are not enrolled in any
school and who are not exempt from school attendance. It shall be the duty of
the attendance officer,
on behalf of the local school board, division superintendent or his designee
to investigate all cases of nonenrollment and, when no valid reason is found
therefor, to notify the parent, guardian or other person having control of the
child to require the attendance of such child at the school within three days
from the date of such notice.
§ 22.1-262. Complaint to court when parent fails to comply with law.
A list of persons notified pursuant to § 22.1-261 shall be
sent by the attendance officer division superintendent or his designee to
the appropriate school principal. If the parent (i) fails to comply with the
provisions of § 22.1-261 within the time specified in the notice; or (ii) fails
to comply with the provisions of § 22.1-254; or (iii) refuses to participate in
the development of the plan to resolve the student's nonattendance or in the
conference provided for in § 22.1-258, it shall be the duty of the attendance officer, with the knowledge and approval
of the division superintendent, or his designee to make
complaint against the pupil's parent in the name of the Commonwealth before the
juvenile and domestic relations district court. If proceedings are instituted
against the parent for failure to comply with the provisions of § 22.1-258, the
attendance officer is to division superintendent or his designee shall provide
documentation to the court regarding the school division's compliance with §
22.1-258. In addition thereto, such child may be proceeded against as a child
in need of services or a child in need of supervision as provided in Chapter 11
(§ 16.1-226 et seq.) of Title 16.1.
§ 22.1-267. Proceedings against habitually absent child.
Any child permitted by any parent, guardian, or other person having control thereof to be habitually absent from school contrary to the provisions of this article may be proceeded against as a child in need of supervision or a child in need of services as provided in Chapter 11 (§ 16.1-226 et seq.) of Title 16.1.