Bakersfield City School District Department of Student Services

Attendance Enhancement and Truancy Reduction

September 2006

Logistics/Materials

• 90 minutes without break

• Book: Attendance Enhancement Process

• Handouts

• Section Presentations

• Questions

• Outcomes

The Team• School site staff• Mike Skiba• Erin Johnston• Holly Mitchell• Ernie Contreras• Don Reimer

California’s Mandatory Attendance Laws

• Every person 6 to 18 years of age not legally exempted must attend public school full-time (Education Code Section 48200, BP 602.13) (emphasis added)

• “Full” school day (The Governing Board shall fix the length of the school day subject to the provisions of law (Education Code Section 46100, BP 400.8)

• Excused and unexcused absences (e.g., Health reasons, family emergencies, justifiable personal reasons [Education Code Section 46010, 48216, 48205; BP 602.6])

• Exemptions from attendance (e.g. private school, private tutor, work permit [Education Code Section 48222 – 48225, 48230, 48231; BP 605.4})

Truancy DefinedThree (3) unexcused school absences

OR

Partial day absence in excess of more than any 30 minute period on each of three days

OR

Any combination of the above

Do the compulsory attendance law apply to students in special education?

• Yes, PLUS there is a requirement for the district to offer a “Free Appropriate Public Education” to each student identified under the Individuals with Disabilities Education Act.

Outcomes of Chronic Truancy

• Reduced opportunities to learn/academic performance• Interference with social development • Increased risk of child abuse and neglect• Increase in community crimes/delinquency• At risk for dropping out of school • Substance abuse, including early onset of• Stress on the child and family • Higher rates of emotional problems later in life• Later risk for joblessness and poverty

(Berg & Jackson, 1985; King et al, 1995; Kortering et al., 1997)

Why Children Might Have Severe and Chronic Attendance Problems

Student (e.g., separation, social, & avoidance anxiety; depression; victimization; juvenile delinquency)

Medical (e.g., somatic complaints with or without presence of medical condition)

Family (e.g., family pathology - anxious/depressed parent uses student as a support person; substance abuse; student required to work; cover up child abuse/neglect) School (e.g., poor teacher-student relationships; academic difficulties; school climate, bullying)

(Bernstein & Garfinkel, 1986, 1988; Bernstein et. al. 1997; Last, Francis, Hersen, Kazdin, & Strauss, 1987; Kearney, 2001; King et al., 1995; Last & Strauss, 1990)

Importance of School Intervention Team (SIT), Referrals, & Outreach Efforts

• Identify and assess the problem(s), analyze the data, and plan intervention

• Document efforts to help

Strategies to Address Truancy

• School environment design/school climate• Incentive programs • Goal and expectancy setting• Notices/education (e.g., parent letters)• Problem identification and analysis

(Understanding reasons for truancy and implementing plan)

• School Intervention Team • Health and mental health services • Restructuring consequences• Attendance enhancement process• Other

Parent Education: Additions and Amendments to the 2005-06 Guide for Parents and Students

• Parents/guardians and students must understand that school attendance for students 6 – 18 years of age is not a matter of choice, but is a legal mandate.

• The District also has a duty as assigned by State attendance laws and is required to use appropriate legal means to correct problems of excessive absence or truancy.

Additions/Amendments Continued• To fulfill its legal duties the District: (a) maintains an

student attendance accounting system tracking student full day and partial day absences; (b) requires parents/guardians to provide information to the school whenever a student has a full or partial day absence; (c) uses incentive programs to encourage attendance, (d) sends letters or other notices when a student meets the legal definition of a truant; (e) refers parents/guardians to outside agencies to help resolve the reasons for school absence; (f) convenes school problem solving teams; (g) uses a School Attendance Review Board; and (h) coordinates services with the Office of the District Attorney, law enforcement, the Probation Department, the Department of Human Services including Child Protective Services, and the Health Department.

Additions/Amendments Continued• Any student who is absent from school

without a valid excuse three full days or partial days (e.g., tardy, early school removal) in excess of 30 minutes on each of three or more days in a school year is truant (Education Code 48260[a]).

Parent Education: Additions and Amendments to the 2006-07 Guide for Parents and Students• After completing the minimum day, students who have written permission from their parents or guardians

may be excused from school to attend religious services at a place away from school. Such absence shall be an excused absence if both the following conditions are complied with:

• (a) Each student so excused shall attend school at least the minimum school day* for his grade, and

• (b) No student shall be excused from school for such purpose on more than four days per school month.

• * Consistent with applicable law, the length of the school day has been established by the governing board requiring a minimum number of instructional minutes for each grade level served in the District. To accomplish the District’s mission, the instructional day has been lengthened, generally making it necessary for a student to attend school the whole day to receive the required minimum of instructional minutes.

School Attendance Review Board (SARB), Law Enforcement & Deputy District Attorney Partners

“Some children with emotionally-based school refusal have been referred to the courts for truancy. The pressure resulting from the court referral was often helpful in getting the child in for an evaluation” (Bernstein and Garfinkel, 1986).

Automated Truancy Letters

Do I have to? Always?Should I care?Is anyone watching?Who else is helping?

Formal Program Evaluation2003-04 Program Evaluation of Attendance Enhancement

7

16

11

6

12

53 3 3

6

0

5

10

15

20

First Letter SchoolAttendance

Review Board

Court DDA Parent(Group)

Orientation

AttendanceCoordinator

Mtg (Ind).

Service Provided

P

ercenta

g

e

of

U

nexcuse

d

Abse

nces

% Unexcused Before Service

% Unexcused After Service

Instructional Time as an Outcome

0 1 2 3 4 5 6 7 8

First Letter

School Attendance Review Board

Court

DDA Parent (Group) Orientation

Attendance Coordinator Mtg (Ind).

Days of Instruction

Funding Gains as an Outcome

$53

$173

$57 $65$99

$-

$50

$100

$150

$200

First Letter School AttendanceReview Board

Court DDA Parent(Group) Orientation

AttendanceCoordinator Mtg

(Ind).

Service Provided

Min.

dollars

re

gained

What Happens When a Student is Identified as a Truant?

The Attendance Enhancement Process begins…

Each Step Escalates the Seriousness of the Consequences:

• Letter #1 - Classification as Truant Letter Only

• Letter #2 - Second Classification as Truant

Letter & Meeting with School Representative

Step #3 – Classification as an Habitual Truant

Community service

When does a Student become a Habitual Truant?

“Habitual Truant” is:Any pupil is deemed an habitual truant who has been reported as a truant three or more times per school year

plusAn appropriate school employee has made a conscientious effort to hold at least one conference with a parent or guardian of the pupil and the pupil himself/herself.

(California Education Code Section 48262)

Habitual Truant

(3 + 1 +1) + Conscientious Effort

Why is “Habitual Truant” Status Important?

Once a student is classified as an “Habitual Truant” the parents and student become subject to the jurisdiction of the courts.

<Letter #T1: Initial Classification as a Truant>

<Date><Parent Name> RE: <Student Name><Parent Address>Bakersfield, CA 933<XX>

Dear <Parent Name>,

THIS IS A NOTICE THAT <Name of Student> HAS BEEN CLASSIFIED AS A TRUANT. A pupil is a truant if s/he is subject to full time education and does one or any combination of the following: (1) is absent from school without a valid excuse three full days in one school year; or (2) is tardy or absent for more than any 30-minute period during the school day without a valid excuse on three occasions in one school year (Education Code Section 48260).We have listed below the days your child was absent from school and/or the dates your child was late over thirty (30) minutes without a valid excuse.

Absent Without a Valid Excuse Partial Day Absence Over 30 Minutes

Without A Valid Excuse9/7/04, 9/10/04, 9/13/04 9/15/04

We remind you every person 6 to 18 years of age not legally exempted must attend public school full time (Education Code Section 48200). You are obligated by law to compel your student to attend school.

<Letter #T2: Subsequent Classification as a Truant>

<Date>

<Parent Name> RE: <Student Name><Parent Address>Bakersfield, CA 933<XX>

Dear < >,

After initially being classified as a truant, your child continues to be absent and/or tardy without a valid excuse. This classifies your child as a truant for a second time (Education Code Section 48261).

Absent Without a Valid Excuse Partial Day Absence Over 30 Minutes Without A Valid Excuse

10/5/04 10/8/04

The law requires you, as a parent/guardian, to send your child to school every day and on time.

<Letter #T3B: CLASSIFICATION AS AN HABITUAL TRUANT> <NON-PROGRAM IMPROVEMENT SCHOOLS>

<Date>

<Parent Name> RE: <Student Name><Parent Address> Bakersfield, CA 933<XX>Dear < >,Your child has been previously reported as a truant on <dates of prior letters>. This third letter is NOTICE THAT YOUR CHILD IS NOW DECLARED AN HABITUAL TRUANT pursuant to (Education Code Section 48262). Additional date(s) of truancies:

Absent Without a Valid Excuse Partial Day Absence Over 30 Minutes Without A Valid Excuse

10/8/04 10/13/04

The school has attempted to work with you to solve your child’s attendance problems. These attempts have been unsuccessful. You and your child must now attend a School Attendance Review Board (S.A.R.B.) hearing. You will receive notice with the details of this hearing.

Red Attendance Folder  K   1   2   3   4   5   6   7   8  

Deputy District Attorney (D.D.A.) School Site Mediation Meeting                                    

Student and/or parent contact by letter, phone, or home visit                                    

Letter to parent/legal guardian                                    

Letter to parent/legal guardian                                    

School Intervention Team (S.I.T.) Meeting                                    

Letter to parent/legal guardian (habitual truancy letter - minimum of 5 absences)                                    

Letter to parent/legal guardian (please describe)                                    

School Attendance Review Board (S.A.R.B.) referral sent to Student Services Department                                    

S.A.R.B. hearing                                    

Referral to D.D.A                                    

Court date(s) if filed by D.D.A.                                    

Truancy Screen (KEA)

Ernie Contreras

Probation OfficerBakersfield City School District

Owens Primary Ext. 38143

Probation Dept. 852-5779

Focus of Services by the Probation Officer

• Provide program support to school sites.

• Conduct intervention conferences with parents and students prior to the SARB.

The SARB Referral Packet• STUDENT INFORMATION:• Name ________________________________ SID# __________ School ______________• Home language ________________________ Interpreter required? Yes _____ No _____• Mother ______________________ ________________________ ___________________• Name Address Phone Number• Father ______________________ ________________________ ____________________• Name Address Phone Number• Legal Guardian ____________________ _____________________ __________________• Home Phone ___________________________ Daytime Phone ____________________• Address Bakersfield CA 933 • Street Apt. # City State Zip

• Sibling Name Grade School Sibling Name Grade School• 1) ________________ _____ __________ 3) __________________ _____ __________• 2) ________________ _____ __________ 4) __________________ _____ __________

• This student has been referred to the SARB in the past. Year_________

• REQUIRED ACTION BY SCHOOL:• r COMPLETE AND ATTACH THE ATTENDANCE SCREEN, INCLUDING LETTER

DATES.• r ATTACH COPY OF CUMULATIVE FOLDER SHOWING PAST ATTENDANCE HISTORY.• r ATTACH COPY OF STUDENT INTERVENTION TEAM DOCUMENTATION.

Holly MitchellDeputy District Attorney

Direct Line: 868-2812Cell Phone: 979-8048Owens Primary: Ext 38144

SIT’s and Home Visits

• The Deputy District Attorney (“DDA”) may attend a SIT.

• The DDA can notify a parent in writing of the DDA’s presence at the SIT. See handbook.

• If truancy letters have been mailed the DDA may make a home visit.

DDA Orientation Meeting• The Goal is Prevention with a Positive

Message

• Orientation letter“…”your child has an excessive number of

absences…”

– See handbook for complete letters

DDA Orientations• Scheduled at the end of the school day if

possible. • May be scheduled in the evening.• DDA will arrange for law enforcement

presence.• Power point presentation can be accessed in

BCSD web site.• Presentation should be reviewed by

responsible staff member prior to date• Double check equipment prior to presentation

The School Should…• Route an aphabetized list of student/SID’s • Have the powerpoint on computer and ready to go• Arrange for microphone(s) for speaker(s)• Have at least one school representative present• Have an interpreter present and prepared• Supply pens and pencils for parents to use• Have adequate copies of sign in sheets• Have adequate copies of agreements• Distribute evaluation forms for completion by parents

• See Handbook

In Addition to your Individual School Site Meeting:

• Parents/Students may attend meetings at other school sites

• Parents/Students may attend meetings at the Education Center

DDA Involvement in School Attendance Review Board (“SARB”)

• Non Punitive; The Goal is Prevention

• Parents who fail to attend will be issued a notice by the DDA to attend a DDA Mediation at the District Attorney’s office or issued a citation to appear in court.

DDA Mediation

• The Goal is Prevention

• Parents/students notified of “…the right to remain silent…”

• Root causes of truancy discussed

• Plan for rehabilitation formulated

• Agreement document signed

The Citation Process

• A citation is issued:

_ The SARB panel determines that immediate court intervention is appropriate– There is no improvement after the SARB– Parents have been notified of the SARB and failed to appear– The Parent fails to attend the DDA Mediation– There is no improvement after the DDA Mediation

The Court Process

• The Goal is Prevention

• Parents ordered to attend Parent University or other similar program

• Student ordered to work program or other positive resource

Continued Follow up• The School should notify Ernie of any student

whose attendance does not improve after the SARB

• School continues to monitor attendance and provide proper notices

• The DDA will follow through with mediation meetings and court hearings

• The DDA will provide the school site with a summary of the court proceedings

Court Summary• OFFICE OF THE DISTRICT ATTORNEYC O U N T Y O F K E R NCIVIC CENTER JUSTICE BUILDING1215 TRUXTUN AVENUE, 4TH

FLOORBAKERSFIELD, CALIFORNIA 93301(661) 868-2340, FAX: (661) 868-2700September 8, 2006THOMAS D. SPARKSChief Deputy District AttorneyEDWARD R. JAGELS district Attorney J. MICHAEL SALEENChief Deputy District AttorneyIn the Matter of:_______________________________________

• Court Case No._______________________________________• Student Name & SID #:________________________________• School:_____________________________________________• The above named student appeared in court on ____________________ regarding violation of Truancy Laws. The court ordered the

following:• Minor admitted and was found to be in violation of the Truancy Laws• Parent pled guilty and was found to be in violation of the Truancy Laws• Minor Pay fine in amount of $ 350.00.___________. Suspended Forthwith• Parent Pay fine in the amount of $370.00_________. Suspended Forthwith • Parent ensure that the student attends school regularly with no period cuts or tardies. • Parent Attend and Complete Parenting Classes.• Parent/child Attend and Complete court ordered counseling.• Parent enrolled child in after school tutoring and facilitate his/her attendance.• Student Complete court ordered juvenile work program• Parent/Child complete community service hours• Parent Enroll student in school and bring proof of enrollment to next court hearing.• Parent Cooperate with school & comply with all school requests for meetings.• Parent take minor to school everyday.• Proof of compliance with _____________ due by ________________• Bring Progress Report or Grade Check to next hearing.• Enroll minor in School Tutoring Program.• Other

_______________________________________________________________________________________________________________________________________________________________________________________________________________

• The Parent and child are ordered to RETURN TO COURT ON:________________________• • Any questions about the terms mentioned above as they relate to this student and family can be addressed directly to me as indicated below. • By_____________________• Holly N. Mitchell• Deputy District Attorney• 868-2812

Web Site ResourcesStudent Services Website

COLLABORATION

• Working together =

• Good Attendance =

• Good Grades =

• Success in School =

• The ability to Make Life Choices =

• Responsible, Crime Free Adults

Questions/Issues

Central Team Upfront

THANK YOU!