Managing Attendance and Truancy in Education Systems

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Attendance & Truancy Matters The PEAL Center

Our Mission The mission of the PEAL Center is to educate and empower families to ensure that children, youth and young adults with disabilities and special health care needs lead rich, active lives as full members of their schools and communities.

Objectives Participants will be able to: State attendance expectations for school age students Describe the truancy process List steps to address truancy Review considerations due to special needs

Attendance Matters Absenteeism is not a new problem COVID has made it worse Research shows that chronic absence in the prior year indicates students, starting in kindergarten, were more likely to fall behind in reading, experience lower achievement in middle school and less likely to graduate from high school. (Attendance Works) Timely intervention important for students who are chronically absent to avoid the risk of falling further behind If you aren t in school, you aren t being instructed

Truancy in PA All students must attend school from age 6 to18 (or graduation) Three unexcused absences is defined as truant Six or more unexcused absences is considered habitually truant Students who miss more than 10 percent of school days across the academic year are chronically absent Link to PA Code: https://www.legis.state.pa.us/cfdocs/legis/li/uconsCheck.cfm?yr=2016&sessInd=0&act=138

2016 PA Truancy Legislation Change Purpose to: Improve attendance Deter truancy Consistently identify and address attendance issues as early as possible These regulations were to be enacted with the intention of: Preserving the unity of the family whenever possible Avoiding the loss of housing, disruption of the family, and possible foster care Confining a person in parental relation only as a last resort and for a minimum amount of time

School Attendance Schools are responsible to enforce compulsory attendance requirements in the School Code. Compulsory attendance applies to all school settings and regardless of the instructional delivery model including charter and cyber charter schools, as well as students privately tutored and homeschooled Absences can t be used to punish students (suspend, expel, transfer)

Required District Attendance Policy A written copy is to be given to parents annually Should be written in a way that is easily understood by all parents and posted on the district website Should be translated in large non-English speaking populations All absences are considered unexcused until the school receives a written excuse. Policy should explain expectations for excuses Vary from district to district

Sample policies First Sample District, PA policy says .... Building Principals may use discretion to extend the 3 day time frame for submitting excuses for extenuating circumstances, on a case by case basis but in no event may a Building Principal accept excuses later than ten (10) calendar days from the date of the student s return from the absence. This district does not allow participation in extracurricular activities if there are 20 unexcused absences and seniors may not be permitted to walk at graduation if they have 20 unexcused days. Second Sample SD attendance and truancy information wasn t located on their site and the handbooks did not load

District Handling of Unexcused Absences District should notify the person in parental relation to a child after each unexcused absence Must notify, in writing, the person in parental relation to the child within 10 school days of the child's third unexcused absence (truant) Notification must contain a description of the consequences that could follow if the child becomes habitually truant May include the offer of a School Attendance Improvement Conference (SAIC)

When Habitually Truant Habitually truant is defined as six or more unexcused absences in a school year School must provide advance written notice of a School Attendance Improvement Conference with date and time and make at least two attempts to reach the parent/guardian by phone to participate SAIC will happen even if parent/guardian doesn t attend. You do not want to miss this meeting.

School Attendance Improvement Conference (SAIC) The SAIC is a meeting to discuss the issues contributing to attendance problems and to create solutions to improve attendance. If you get a letter regarding truancy inviting you to a meeting, ASK what type of meeting this is. If a SAIC is scheduled at a time that you cannot attend, ask that meeting time be changed. Ask to join by phone, if necessary. If your child has an IEP or 504, ask that those team members be a part of this meeting Make all of these ASKs in writing.

Additional Attendance Tidbit District attendance officers (or home and school visitor) who are responsible to enforce compulsory attendance requirements have police powers and may arrest or apprehend any child who fails to attend school in violation of compulsory attendance laws. (This is not the same as a school resource officer or security officer who does not have the power to arrest students for attendance violations.)

Myths Related to Truancy Schools are required to refer all truant kids to court Chronic absences and truancy only impact high schoolers Family can t dispute truancy cases. Truancy, race and the school-to-prison pipeline have little connection Black students were nearly three times more likely than white students to be petitioned to juvenile court for truancy Source: Public Source, Unexcused: Do PA schools have to send kids to court for truancy? 4 debunked myths, https://www.publicsource.org/pa-schools-truancy- court-unexcused-absences-myths/

Child with Chronic Medical Issues Absences are commonplace for those with chronic medical issues Be sure to discuss issues of absences with your child s physician. Keep them informed. Address the issues with the 504 or IEP team. Sometimes an alternate attendance plan is warranted. Medically excused absences are generally limitless, but once ten absences accumulate, you may be expected to get a note from a healthcare provider. Example: often expected to get medical excuses from that point on for every absence. [this does vary and some schools simply allow parent excuses up to ten days]

Basic Education Circular (BEC) Schools and nonpublic school must determine whether there is a possibility that a child is truant or chronically absent due to a disability or a medical condition and should consider whether to address this topic in their attendance policies. A student who is truant or chronically absent for health-related reasons may be eligible for protections under IDEA or Section 504. If a student with a disability is truant or chronically absent, the school should convene the student s IEP team to determine whether revisions to the student s IEP are necessary or appropriate. In those instances, the administrator responsible for handling truancy-related matters should be a participating member of the IEP team process. A student with a disability who is truant or chronically absent for health-related reasons must still produce a valid excuse for any absence, which may include a written excuse from a physician. However, schools must recognize that students disabilities may present unique circumstances that might require consideration of other statutory or regulatory provisions or attendance policies. That is, students federal and state law rights, such as those provided under IDEA, Section 504, or the ADA, may require the school to otherwise diverge from its general attendance policy in order to ensure that all students with a disability are provided a free and appropriate public education (FAPE) https://www.education.pa.gov/Policy- Funding/BECS/Purdons/Pages/CompulsorySchoolAttendance.aspx

COVID Impact Student absences doubled during the pandemic Challenges with reaching students remotely Taking attendance was more challenging Unreliable internet connections were common Lack of digital device at home Conflicts with work or child care responsibilities Students were in and out of school (revolving door attendance) due to quarantine/exposure What other attendance problems are you aware of due to COVID?

Whats a Parent to Do? KNOW your school policy about absences and send excuses on time, keeping a copy. Ask your child if they turned that in. Keep a record of all absences. Get medical excuses when at appointments. If the child has an IEP or 504 and attendance is a concern, ask for a meeting and address any attendance concerns. If and when you get that first scary truancy letter, don t panic. Ask for a copy of your child s attendance record. Review this and check for any errors. Ask that those be fixed (While there are usually school policies about when an excuse can be turned in - often 3 days ask anyhow in writing) Make an effort to address attendance and to get needed support for your child. Document any and everything you do.

Common Problems If your child begins demonstrating resistance to going to school, try to get to the bottom of what is going on: (Ex.: bullying, bus problems, difficulty with material, conflicts with teacher/peers, falling behind, waking in the night due to medications, noise, etc., playing on the phone at night, reading late If remote learning is a problem, ask for help. Keep lines of communication open (parent to child, parent to school) If you child needs help, seek it out.

SAIC Preparation & Follow Up Get letters/medical documentation from physicians, counselors, and/or therapists that address the causes of the absences If your child has a chronic condition for which they will (or regularly) have excessive absences, consider getting a letter from your doctor to that effect and advocating for an alternate attendance plan for your child that could be included in their 504 or IEP This meeting must happen before referral to a magistrate Following the SAIC, a written plan should be developed and shared with you (SAIP) Do your part to implement the plan

If Sent to the Magistrate Consider if all of the steps were followed (attendance record fixed, SAIC held, a written plan shared with you) If no SAIC nor SAIP, write to the magistrate/judge respectfully pointing out that all of the steps - according to the ELC document (include) - were not followed, that you should not have been sent to court, and ask that the case be dismissed (you could also ask the school to withdraw this before you get to the magistrate/court/CYS)

Court/Magistrate If scheduled, GO. Be ready with any and all related documents and respectfully explain what you have been trying to do to address attendance. Have in hand the ELC s A Judges Guide to Truancy (See https://www.elc-pa.org/wp- content/uploads/2021/08/A-Judges-Guide- to-Truancy-and-Act-138.pdf) There is no requirement to impose a fine

Resources Basic Education Circular (BEC) - Compulsory School Attendance, Unlawful Absences, and School Attendance Improvement Conferences: https://bit.ly/2BTIDxA Education Law Center Fact Sheet - Truancy and School Attendance in Pennsylvania: https://bit.ly/3hdwPq7 Education Law Center Addressing Attendance Barriers ( Truancy ) https://www.elc-pa.org/truancy/ Truancy & School Attendance in QA: FAQs https://www.elc-pa.org/wp-content/uploads/2015/11/Truancy- and-School-Attendance-FAQs.pdf

More Resources PA Guidance: https://www.education.pa.gov/Documents/K- 12/Safe%20Schools/COVID/GuidanceDocuments/Pre- K%20to%2012%20Reopening%20Guidance.pdf COVID-19 School Closures & Students with Disabilities https://www.elc-pa.org/wp-content/uploads/2020/04/5- Things-to-Know-Students-with-Disabilities.pdf Online and Hybrid Learning: An Equity Checklist, ELC, https://www.elc-pa.org/wp- content/uploads/2020/08/Covid-online-learning-checklist.pdf

And Even More Resources Attendance Playbook: Smart Solutions for Reducing Chronic Absenteeism in the COVID Era https://www.future-ed.org/attendance-playbook/ School Attendance Improvement Plan Form: https://bit.ly/2zkAqS2 ELC, tools to identify and address attendance barriers https://www.elc-pa.org/2021/07/26/three-new-tools-to-identify- and-address-attendance-barriers/ PEAL Center, Stepping Stones, Attendance & Truancy https://www.pealcenter.org/wp- content/uploads/2021/01/SteppingStones_Attendance- Truancy_07282020-2.pdf

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