FED(LEGAL) -

District Complaint or Referral

Against Student

Against Parent

Delaying a Referral

Is applying truancy prevention measures to the student under Education Code 25.0915; and

Determines that the truancy prevention measures are succeeding and it is in the best interest of the student that a referral be delayed or not be made.

Education Code 25.0951

Referral Prohibited

Filing Requirements

Be accompanied by a statement from the student's school certifying that the school applied the truancy prevention measures to the student, and the measures failed to meaningfully address the student's school attendance; and

Specify whether the student is eligible for or receives special education services under Education Code Chapter 29, Subchapter A.

Does not comply with the requirement above;

Does not satisfy the elements required for truant conduct;

Is not timely filed, unless the school district delayed the referral as provided above [see DELAYING A REFERRAL, above]; or

Is otherwise substantively defective.

Education Code 25.0915(b), (c)

Expunction of Records

Code of Crim. Proc. 45.0541

Attendance Officer

Powers and Duties

To investigate each case of a violation of the compulsory school attendance requirements referred to the attendance officer;

To enforce compulsory school attendance requirements by applying truancy prevention measures adopted under Education Code 25.0915 to the student and if the measures fail to meaningfully address the student's conduct:

Referring the student to a truancy court if the student has unexcused absences for the amount of time specified under Family Code 65.003(a); and

Filing a complaint in a county, justice, or municipal court against a parent who violates Education Code 25.093;

To monitor school attendance compliance by each student investigated by the officer;

To maintain an investigative record on each compulsory school attendance requirement violation and related court action and, at the request of a court, the board, or the Commissioner, to provide a record to the individual or entity requesting the record;

To make a home visit or otherwise contact the parent of a student who is in violation of compulsory school attendance requirements, except that the attendance officer may not enter a residence without permission of the parent or of the owner or tenant of the residence; and

At the request of a parent, to escort a student from any location to a school campus to ensure the student's compliance with compulsory school attendance requirements.

Education Code 25.091(b)

Peace Officers

To investigate each case of a violation of compulsory school attendance requirements referred to the peace officer;

To enforce compulsory school attendance requirements by applying truancy prevention measures adopted under Education Code 25.0915 to the student and if the measures fail to meaningfully address the student's conduct:

Referring the student to a truancy court if the student has unexcused absences for the amount of time specified under Family Code 65.003(a); or

Filing a complaint in a county, justice, or municipal court against a parent who violates Education Code 25.093;

To serve court-ordered legal process;

To review school attendance records for compliance by each student investigated by the officer;

To maintain an investigative record on each compulsory school attendance requirement violation and related court action and, at the request of a court, the board, or the Commissioner, to provide a record to the individual or entity requesting the record; and

To make a home visit or otherwise contact the parent of a student who is in violation of compulsory school attendance requirements, except that a peace officer may not enter a residence without the permission of the parent of a student required to attend school or of the tenant or owner of the residence except to lawfully serve court-ordered legal process on the parent.

Education Code 25.091(a), (b-1)

Truancy Prevention Measures

Impose:

A behavior improvement plan on the student that must be signed by an employee of the school, that the district has made a good faith effort to have signed by the student and the student's parent or guardian, and that includes:

A specific description of the behavior that is required or prohibited for the student;

The period for which the plan will be effective, not to exceed 45 school days after the date the contract becomes effective; or

The penalties for additional absences, including additional disciplinary action or the referral of the student to a truancy court; or

School-based community service; or

Refer the student to counseling, mediation, mentoring, a teen court program, community-based services, or other in-school or out-of-school services aimed at addressing the student's truancy. A referral may include participation by the child's parent or guardian if necessary.

Pregnancy;

Being in the state foster program;

Homelessness; or

Being the principal income earner for the student's family.

Education Code 25.0915

Minimum Standards

Identifying the root cause of the student's unexcused absences and actions to address each cause;

Maintaining ongoing communication with students and parents on the actions to be taken to improve attendance;

Establishing reasonable timelines for completion of the truancy prevention measure; and

Establishing procedures to notify the admission, review, and dismissal committee or the Section 504 committee of attendance issues relating to a student with a disability and ensure that the committee considers whether the student's attendance issues warrant an evaluation, a reevaluation, and/or modifications to the student's individualized education program or Section 504 plan, as appropriate.

19 TAC 129.1043

Best Practices

Develop an attendance policy that clearly outlines requirements related to truancy in accordance with Education Code, Chapter 25, Subchapter C, and communicate this information to parents at the beginning of the year.

Create a culture of attendance that includes training staff to talk with students and parents about the attendance policy and the root causes of unexcused absences.

Create incentives for perfect attendance and improved attendance.

Educate students and their families on the positive impact of school attendance on performance.

Provide opportunities for students and parents to address causes of absence and/or truancy with district staff and link families to relevant community programs and support.

Develop collaborative partnerships, including planning, referral and cross-training opportunities, between appropriate school staff, attendance officers, program-related liaisons, and external partners, such as court representatives, community and faith-based organizations, state or locally funded community programs for truancy intervention or prevention, and law enforcement to assist students.

Determine root causes of unexcused absences and review campus- and district-level data on unexcused absences to identify systemic issues that affect attendance.

Use existing school programs such as Communities in Schools, 21st Century Community Learning Centers, restorative discipline, and positive behavior interventions and supports (PBIS) to provide students and their parents with services.

At the beginning of each school year, conduct a needs assessment and identify and list, or map, services and programs available within the district and the community that a school, a student, or a student's parent or guardian may access to address the student's barriers to attendance and make the information available to staff, students, and parents. The information must include, but is not limited to:

Services for pregnant and parenting students;

Services for students experiencing homelessness;

Services for students in foster care;

Federal programs including, but not limited to, Title 1, Part A, of the Elementary and Secondary Education Act;

State programs including, but not limited to, state compensatory education programs;

Dropout prevention programs and programs for "at risk" youth;

Programs that occur outside of school time;

Counseling services;

Tutoring programs and services available at no or low cost;

Mental health services;

Alcohol and substance abuse prevention and treatment programs;

Mentoring programs and services;

Juvenile justice services and programs;

Child welfare services and programs;

Other state or locally funded programs for truancy prevention and intervention; and

Other supportive services that are locally available for students and families through faith-based organizations, local governments, and community-based organizations.

After identifying and listing, or mapping, services available in the district and community, school districts should target any new resources, programs, or services to gaps in services identified during the needs assessment.

School districts should ensure that personnel, including truancy prevention facilitators or juvenile case managers, attendance officers, McKinney-Vento (homeless) liaisons, foster care liaisons, Title IX coordinators, 504 coordinators, pregnancy and parenting coordinators, dropout prevention coordinators, special education staff, and other appropriate student services personnel, meet to contribute to the needs assessment, discuss opportunities to work together, and identify strategies to coordinate both internally and externally to address students' attendance barriers.

Offering an optional flexible school day program and evening and online alternatives;

Working with businesses that employ students to help students coordinate job and school responsibilities; and

Offering before school, after school, and/or Saturday prevention or intervention programs or services that implement best and promising practices.

19 TAC 129.1045

Sanctions

Truancy Prevention Facilitator or Juvenile Case Manager

Education Code 25.0915(d), (e)

A case manager to provide services in cases involving juvenile offenders who are before a court consistent with the court's statutory powers or referred to a court by a school administrator or designee for misconduct that would otherwise be within the court's statutory powers prior to a case being filed, with the consent of the juvenile and the juvenile's parents or guardians; or

One or more juvenile case managers who shall assist the court in administering the court's juvenile docket and in supervising the court's orders in juvenile cases, and may provide prevention services to a child considered at risk of entering the juvenile justice system, and intervention services to juveniles engaged in misconduct before cases are filed, excluding traffic offenses.

Funding

Rules

The role of the juvenile case manager;

Case planning and management;

Applicable procedural and substantive law;

Courtroom proceedings and presentation;

Services to at-risk youth under Family Code Chapter 264, Subchapter D;

Local programs and services for juveniles and methods by which juveniles may access those programs and services; and

Detecting and preventing abuse, exploitation, and neglect of juveniles.

Code of Criminal Procedure 45.056

Lumberton ISD

FED(LEGAL)-P

UPDATE 108

DATE ISSUED: 5/30/2017