REGULATIONS GOVERNING THE COLLECTION AND REPORTING OF TRUANCY [ RELATED DATA AND STUDENT ATTENDANCE POLICIES ]
The following words and terms when used in this chapter shall have the following meanings unless the context clearly indicates otherwise:
"Attendance plan" means [
steps a plan ] developed [ jointly ]
by a school representative, [ such as a school principal or his
designee or attendance officer; ] parent, and student [ (if
appropriate) ] to [ resolve the student's
nonattendance and ] engage the student in regular school
attendance. The plan shall identify [ reasons for nonattendance and ]
academic, social, emotional, and familial barriers that impede daily
attendance along with positive strategies to [ address them and ]
support regular attendance. This plan may include school-based activities or
suggested referrals to community supports, or both.
"Attendance conference" means a face-to-face
meeting, at a minimum, after the sixth unexcused absence among school staff,
parents, and student [
(if appropriate) ] . The
conference may include [ ,if necessary, ] community
representatives to [ discuss the current attendance plan and
make modifications to support regular school attendance participate
in resolving issues related to nonattendance and revisions to the current
attendance plan if necessary ].
"Court referral" means [
filing a complaint through petition ] to the Juvenile and
Domestic Relations Court [ intake worker ] after
the student's seventh unexcused absence. [ Copies
Records of interventions regarding the student's unexcused absences, such as
copies ] of the attendance plan and documentation of con to the intake worker ].
"Excused absence" means an absence of an entire
assigned instructional school day with [
an excuse a
reason ] acceptable to the school administration that is provided
by the parent. If circumstances permit, the parent should provide the school
[ authority administration ] with the reason
for the nonattendance prior to the absence. Examples of an excused absence may
include, but are not limited to, the following reasons: funeral, illness
(including mental health and substance abuse illnesses), injury, legal
obligations, medical procedures, suspensions, religious observances, and
military obligation. [ Expelled and suspended students continue to
remain under the provisions of compulsory school attendance, Code of Virginia,
§22.1-254. An absence from school attendance resulting from a suspension or
expulsion may be considered excused for the period of the suspension or
expulsion unless the parent fails to otherwise adhere to the compulsory
school attendance requirements. ]
"Instructional school day" means the length of a regularly scheduled school day for an individual student.
"Multi-disciplinary team" means a school-based
team that [
convenes on a regular basis may be
convened ] to review student records and to [ identify
an integrated system of care for the student in need, including (i)
participate in ] prevention, early intervention, and
[ provision of ] support services [ and
to address unexcused absences, including ] [ (ii) ]
school-based case management. These services should address academic,
social, emotional, and familial issues in order to improve regular school
attendance. [ Members of the team meet confidentially with the
parent and the student (if appropriate) to develop, evaluate, and update action
steps and supports. ] Team members may include, but are not
limited to, the following: an administrator, school counselor, social worker or
psychologist, student assistance specialist, special education and regular
education teacher, and attendance officer.
"Parent" means the parent or parents, guardian or guardians [ , legal custodian or legal custodians, ] or other person or persons having legal control [ or charge ] of the student.
"Truancy" means the act of accruing one or more unexcused absences.
"Unexcused absence" means an absence where (i)
either ] the student misses his scheduled
instructional school day in its entirety [ or misses part of the
scheduled instructional school day without permission from an administrator ]
and (ii) no indication has been received by school personnel within three
days of the absence that the student's parent is aware and supports the
absence, or the parent provides [ an excuse a reason ]
that is unacceptable to the school administration. [ An
administrator The school administration ] may change an
unexcused absence to an excused absence when [ it determines that ]
the parent has provided an acceptable [ excuse
reason meeting criteria ] for the student's absence or there are
extenuating circumstances. [ Absences resulting from suspensions
shall not be considered unexcused. ]
8VAC20-730-20. Unexcused absences intervention process and responsibilities.
A. [ Each local school board shall provide guidance regarding what would constitute an excused absence in order to address when the explanation provided by the parent will be determined to be reasonable and acceptable.
B. Each local school board shall develop procedures to ensure that appropriate interventions will be implemented when a student engages in a pattern of absences less than a full day, the explanation for which, if it were a full-day absence, would not be deemed an excused absence.
C. ] The following intervention steps shall be implemented to respond to unexcused absences from school and to engage students in regular school attendance.
1. Whenever a student fails to report to school on a regularly scheduled school day and no information has been received by school personnel that the student's parent is aware of and supports the absence, the school principal or designee, attendance officer, or other school personnel or volunteer will notify the parent by phone or e-mail or any other electronic means to obtain an explanation. The school staff shall record the student's absence for each day as "excused" or "unexcused." [ Early intervention with the student and parent or parents shall take place for repeated unexcused absences. ]
2. When a student has received five unexcused absences, the school principal or designee or the attendance officer shall make a reasonable effort to ensure that direct contact is made with the parent. The parent shall be contacted either in a face-to-face conference or by telephone. During the direct contact with the parent and the student (if appropriate), reasons for nonattendance shall be documented and the consequences of nonattendance explained. An attendance plan shall be made [ with the student and parent or parents ] to resolve the nonattendance issues. The student and parent may be referred to a school-based multi-disciplinary team for assistance implementing the attendance plan and case management.
3. The school principal or designee or the attendance
officer shall schedule a face-to-face attendance conference within 10 school
days from the date of the student's sixth unexcused absence for the school
year. The attendance conference must be held within 15 [ school ]
days from the date of the sixth unexcused absence. The conference shall
include the parent, student [
(when applicable) ] ,
and school personnel (which may be a representative or representatives from the
multi-disciplinary team) and may include community service providers.
4. The school principal or designee shall notify the
attendance officer or division superintendent of the student's seventh
unexcused absence for the school year. The division superintendent or designee
shall contact the Juvenile and Domestic Relations Court intake to file a Child
In Need of Supervision (CHINSup) petition or begin proceedings against the
parent. In addition to documentation of compliance with the notice provisions
of § 22.1-258 of the Code of Virginia, [ all records of
intervention regarding the student's unexcused absences, such as ] copies
of the conference meeting notes, attendance plan, and supports provided prior
to filing the petition shall be [
presented to the intake worker
attached to the petition ] . [ The decision shall be
made by the intake worker either to divert the case or to file the petition for
presentation before the court. ]
BD ] . A record
shall be maintained of each meeting that includes the attendance plan, the name
of individuals in attendance at each conference meeting (including telephone or
electronic devices), the location and date of the conference, a summary of what
occurred, and follow-up steps. [ This record does not become a
part of the student's permanent scholastic record. ]
8VAC20-730-30. Data collection and reporting.
Data collection shall begin on the first day students
attend for the school year. Each school division shall provide student
level attendance data for each student that includes the number of unexcused
as in a manner ] prescribed by
the Virginia Department of Education. A student's attendance is cumulative and
begins on the first official day of the school year or the first day the
student is officially enrolled. All nonattendance days are cumulative and begin
with the first absence. For purposes of this data collection, truancy shall
start with the first unexcused absence and will be cumulative.
Excused and unexcused absences shall be counted for each individual student and shall be reported to the Virginia Department of Education as follows:
1. All excused and unexcused absences as defined in this chapter for each individual student shall be collected.
2. For each student with five unexcused absences, whether an attendance plan was developed, and if not, the reason.
3. For each student with six unexcused absences, whether an attendance conference was scheduled, and if not, the reason.
4. For each student with six unexcused absences, whether an attendance conference was actually held, and if not, the reason.
5. For each student with seven unexcused absences, whether a
court referral or ] petition was filed [ or
if proceedings against the parent or parents were initiated, and, if not, the
reason ] .