2640-S.E [atlas:bill]

AN ACT Relating to school attendance; amending RCW 28A.225.010, 28A.225.020, 28A.225.030, 28A.225.035, 28A.225.151, 28A.225.080, 28A.225.090, 4.08.050, 28A.225.025, and 28A.225.030; adding a new section to chapter 2.56 RCW; adding a new section to chapter 28A.225 RCW; creating new sections; repealing 28A.225.035 and 28A.225.151; repealing 1995 c 312 s 81 (uncodified); prescribing penalties; and providing an expiration date.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:

Sec. 1. RCW 28A.225.010 and 1990 c 33 s 219 are each amended to read as follows:

(1) All parents in this state of any child eight years of age and under eighteen years of age shall cause such child to attend the public school of the district in which the child resides and such child shall have the responsibility to and therefore shall attend for the full time when such school may be in session unless:

(a) The child is attending an approved private school for the same time or is enrolled in an extension program as provided in RCW 28A.195.010(4);

(b) The child is receiving home-based instruction as provided in subsection (4) of this section; ((or))

(d) The school district superintendent of the district in which the child resides shall have excused such child from attendance because the child is physically or mentally unable to attend school, is attending a residential school operated by the department of social and health services, or has been temporarily excused upon the request of his or her parents for purposes agreed upon by the school authorities and the parent: PROVIDED, That such excused absences shall not be permitted if deemed to cause a serious adverse effect upon the student's educational progress: PROVIDED FURTHER, That students excused for such temporary absences may be claimed as full time equivalent students to the extent they would otherwise have been so claimed for the purposes of RCW 28A.150.250 and 28A.150.260 and shall not affect school district compliance with the provisions of RCW 28A.150.220; or

((~~(d)~~)) (e) The child is ((~~fifteen~~)) sixteen years of age or older and:

(i) ((The school district superintendent determines that such child has already attained a reasonable proficiency in the branches required by law to be taught in the first nine grades of the public schools of this state;

~~(ii)~~)) The child is regularly and lawfully ((~~engaged in a useful or remunerative occupation~~)) employed and either the parent agrees that the child should not be required to attend school or the child is emancipated in accordance with chapter 13.64 RCW;

((~~(iii)~~)) (ii) The child has already met graduation requirements in accordance with state board of education rules and regulations; or

((~~(iv)~~)) (iii) The child has received a certificate of educational competence under rules and regulations established by the state board of education under RCW 28A.305.190.

(2) A parent for the purpose of this chapter means a parent, guardian, or person having legal custody of a child.

(3) An approved private school for the purposes of this chapter and chapter 28A.200 RCW shall be one approved under regulations established by the state board of education pursuant to RCW 28A.305.130.

(4) For the purposes of this chapter and chapter 28A.200 RCW, instruction shall be home-based if it consists of planned and supervised instructional and related educational activities, including a curriculum and instruction in the basic skills of occupational education, science, mathematics, language, social studies, history, health, reading, writing, spelling, and the development of an appreciation of art and music, provided for a number of hours equivalent to the total annual program hours per grade level established for approved private schools under RCW 28A.195.010 and 28A.195.040 and if such activities are:

(a) Provided by a parent who is instructing his or her child only and are supervised by a certificated person. A certificated person for purposes of this chapter and chapter 28A.200 RCW shall be a person certified under chapter 28A.410 RCW. For purposes of this section, "supervised by a certificated person" means: The planning by the certificated person and the parent of objectives consistent with this subsection; a minimum each month of an average of one contact hour per week with the child being supervised by the certificated person; and evaluation of such child's progress by the certificated person. The number of children supervised by the certificated person shall not exceed thirty for purposes of this subsection; or

(b) Provided by a parent who is instructing his or her child only and who has either earned forty-five college level quarter credit hours or its equivalent in semester hours or has completed a course in home-based instruction at a postsecondary institution or a vocational-technical institute; or

(c) Provided by a parent who is deemed sufficiently qualified to provide home-based instruction by the superintendent of the local school district in which the child resides.

(5) The legislature recognizes that home-based instruction is less structured and more experiential than the instruction normally provided in a classroom setting. Therefore, the provisions of subsection (4) of this section relating to the nature and quantity of instructional and related educational activities shall be liberally construed.

Sec. 2. RCW 28A.225.020 and 1995 c 312 s 67 are each amended to read as follows:

(1) If a child required to attend school under ((~~the laws of the state of Washington~~)) RCW 28A.225.010 fails to attend school without valid justification, the ((~~child's~~)) public school in which the child is enrolled shall:

((~~(1)~~)) (a) Inform the child's custodial parent, parents, or guardian by a notice in writing or by telephone whenever the child has failed to attend school after one unexcused absence within any month during the current school year. School officials shall inform the parent of the potential consequences of additional unexcused absences;

((~~(2)~~)) (b) Schedule a conference or conferences with the custodial parent, parents, or guardian and child at a time ((~~and place~~)) reasonably convenient for all persons included for the purpose of analyzing the causes of the child's absences after two unexcused absences within any month during the current school year. If a regularly scheduled parent-teacher conference day is to take place within thirty days of the second unexcused absence, then the school district may schedule this conference on that day; and

((~~(3)~~)) (c) Take steps to eliminate or reduce the child's absences. These steps shall include, where appropriate, adjusting the child's school program or school or course assignment, providing more individualized or remedial instruction, providing appropriate vocational courses or work experience, ((~~or refer~~)) referring the child to a community truancy board, requiring the child to attend an alternative school or program, or assisting the parent or child to obtain supplementary services that might eliminate or ameliorate the cause or causes for the absence from school. If the child's parent does not attend the scheduled conference, the conference may be conducted with the student and school official. However, the parent shall be notified of the steps to be taken to eliminate or reduce the child's absence.

(2) For purposes of this chapter, an "unexcused absence" means that a child:

(a) Has failed to attend the majority of hours or periods in an average school day or has failed to comply with a more restrictive school district policy; and

(b) Has failed to meet the school district's policy for excused absences.

Sec. 3. RCW 28A.225.030 and 1995 c 312 s 68 are each amended to read as follows:

(1) If a child is required to attend school under RCW 28A.225.010 and if the actions taken by a school district under RCW 28A.225.020 are not successful in substantially reducing an enrolled student's absences from public school, upon the fifth unexcused absence by a child within any month during the current school year or upon the tenth unexcused absence during the current school year the school district shall:

(a) File a petition for a civil action with the juvenile court alleging a violation of RCW 28A.225.010: ((~~(1)~~)) (i) By the parent; ((~~(2)~~)) (ii) by the child; or ((~~(3)~~)) (iii) by the parent and the child ;

(b) Enter into an agreement with the student and parent that establishes school attendance requirements; or

(c) Refer the student to a community truancy board as defined in RCW 28A.225.025. The community truancy board shall enter into an agreement with the student and parent that establishes school attendance requirements and take other appropriate actions to reduce the child's absences.

(2) If the school district or community truancy board determines that the student has failed to meet the school attendance requirements contained in an agreement required in subsection (1)(b) or (c) of this section, the school district shall file a petition with the juvenile court in accordance with subsection (1)(a) of this section within five school days.

(3) The petition may be filed by a school district employee who is not an attorney.

(4) If the school district fails to file a petition under this section, the parent of a child with five or more unexcused absences in any month during the current school year or upon the tenth unexcused absence during the current school year may file a petition with the juvenile court alleging a violation of RCW 28A.225.010.

Sec. 4. RCW 28A.225.035 and 1995 c 312 s 69 are each amended to read as follows:

(1) A petition for a civil action under RCW 28A.225.030 shall consist of a written notification to the court alleging that:

(a) The child has five or more unexcused absences within any month during the current school year or ten or more unexcused absences in the current school year;

(b) Actions taken by the school district have not been successful in substantially reducing the child's absences from school; and

(c) Court intervention and supervision are necessary to assist the school district or parent to reduce the child's absences from school.

(2) The petition shall set forth the name, age, school, and residence of the child and the names and residence of the child's parents.

(3) The petition shall set forth facts that support the allegations in this section and shall generally request relief available under this chapter.

(4) When a petition is filed under RCW 28A.225.030, the juvenile court ((~~may:~~

~~(a)~~)) shall schedule ((~~a fact-finding~~)) an open hearing at which the court shall consider the petition((;)). However, a hearing shall not be required if other actions by the court would substantially reduce the child's unexcused absences.

((~~(b)~~)) When a hearing is held, the court shall:

(a) Separately notify the child, the parent of the child, and the school district of the ((~~fact-finding~~)) hearing;

((~~(c)~~)) (b) Notify the parent and the child of their rights to present evidence at the ((~~fact-finding~~)) hearing; and

((~~(d)~~)) (c) Notify the parent and the child of the options and rights available under chapter 13.32A RCW.

(5) The court may require the attendance of both the child and the parents at any hearing on a petition filed under RCW 28A.225.030.

(6) The court may permit the first hearing to be held without requiring that either party be represented by legal counsel, and to be held without a guardian ad litem for the child under RCW 4.08.050. At the request of the school district, the court may permit a school district representative who is not an attorney to represent the school district at any future hearings.

(7) The court shall grant the petition and enter an order assuming jurisdiction to intervene for the remainder of the school year, if the allegations in the petition are established by a preponderance of the evidence.

((~~(7)~~)) (8) If the court assumes jurisdiction, the school district shall regularly report to the court any additional unexcused absences by the child.

(9) Community truancy boards and the courts shall coordinate, to the extent possible, proceedings and actions pertaining to children who are subject to truancy petitions and at-risk youth petitions in RCW 13.32A.191 or child in need of services petitions in RCW 13.32A.140.

Sec. 5. RCW 28A.225.151 and 1995 c 312 s 72 are each amended to read as follows:

(1) Each school shall document the actions taken under RCW ((~~28A.225.020 and~~)) 28A.225.030 and report this information ((~~at the end of each grading period~~)) to the school district superintendent who shall compile the data for all the schools in the district and prepare an annual school district report for each school year and submit the report to the superintendent of public instruction. The reports shall be made upon forms furnished by the superintendent of public instruction and shall be transmitted as determined by the superintendent of public instruction.

(2) The reports under subsection (1) of this section shall include:

(a) The number of enrolled students ((~~and the number of excused and unexcused absences;~~

~~(b) Documentation of the steps taken by the school district under each subsection of RCW 28A.225.020~~));

((~~(c)~~)) (b) The number of enrolled students with ten or more unexcused absences in a school year or five or more unexcused absences in a month during a school year; and

(((d) Documentation of success by the school district in substantially reducing enrolled student absences for students with five or more absences in any month or ten or more unexcused absences in any school year;

~~(e)~~)) (c) The number of petitions filed by a school district ((~~or a parent~~)) with the juvenile court((~~; and~~

~~(f) The disposition of cases filed with the juvenile court, including the frequency of contempt orders issued to enforce a court's order under RCW 28A.225.090~~)).

(3) A report required under this section shall not disclose the name or other identification of a child or parent.

(4) The superintendent of public instruction shall collect these reports from all school districts and prepare an annual report for each school year to be submitted to the legislature no later than December 15th of each year.

Sec. 6. RCW 28A.225.080 and 1990 c 33 s 225 are each amended to read as follows:

((~~Except as otherwise provided in this code,~~)) No child under the age of ((~~fifteen~~)) sixteen years shall be employed for any purpose by any person, company or corporation, in this state during the hours which the public schools of the district in which such child resides are in session, unless the said child shall present a certificate from a school district superintendent ((~~as provided for in RCW 28A.225.010~~)), or his or her designee, excusing the said child from attendance in the public schools and setting forth the reason for such excuse, the residence and age of the child, and the time for which such excuse is given. Every owner, superintendent, or overseer of any establishment, company or corporation shall keep such certificate on file so long as such child is employed by him or her. The form of said certificate shall be furnished by the superintendent of public instruction. Proof that any child under ((~~fifteen~~)) sixteen years of age is employed during any part of the period in which public schools of the district are in session, shall be deemed prima facie evidence of a violation of this section.

Sec. 7. RCW 28A.225.090 and 1995 c 312 s 74 are each amended to read as follows:

((Any person violating any of the provisions of either RCW 28A.225.010 or 28A.225.080 shall be fined not more than twenty-five dollars for each day of unexcused absence from school. However, a child found to be in violation of RCW 28A.225.010 shall be required to attend school and shall not be fined. If the child fails to comply with the court order to attend school, the)) (1) A court may((~~: (1) Order the child be punished by detention; or (2) impose alternatives to detention such as community service hours or participation in~~)) order a child subject to a petition under RCW 28A.225.035 to: Attend the child's current school; enroll in another school, an alternative education program, an education center, a skill center, a dropout prevention program((~~s or referral~~)), or another public or private educational program; be referred to a community truancy board, if available; or take other appropriate action. If the court orders the child to enroll in a nonpublic school or program, the child's school district shall contract with the school or program to provide educational services for the child.

(2) If the child fails to comply with the court order, the court may order the child to be punished by detention or may impose alternatives to detention such as community service. Failure by a child to comply with an order issued under this ((~~section~~)) subsection shall not be punishable by detention for a period greater than that permitted pursuant to a contempt proceeding against a child under chapter 13.32A RCW.

(3) Any parent or employer violating any of the provisions of either RCW 28A.225.010 or 28A.225.080 shall be fined not more than twenty-five dollars for each day of unexcused absence from school. It shall be a defense for a parent charged with violating RCW 28A.225.010 to show that he or she exercised reasonable diligence in attempting to cause a child in his or her custody to attend school or that the child's school did not perform its duties as required in RCW 28A.225.020. The court may order the parent to provide community service ((~~at the child's school~~)) instead of imposing a fine. Any fine imposed pursuant to this section may be suspended upon the condition that a parent charged with violating RCW 28A.225.010 shall participate with the school and the child in a supervised plan for the child's attendance at school or upon condition that the parent attend a conference or conferences scheduled by a school for the purpose of analyzing the causes of a child's absence.

((~~School districts shall make complaint for violation of the provisions of RCW 28A.225.010 through 28A.225.140 to a judge of the juvenile court.~~))

Sec. 8. RCW 4.08.050 and 1992 c 111 s 9 are each amended to read as follows:

Except as provided under RCW 26.50.020 and 28A.225.035, when an infant is a party he or she shall appear by guardian, or if he or she has no guardian, or in the opinion of the court the guardian is an improper person, the court shall appoint one to act. Said guardian shall be appointed as follows:

(1) When the infant is plaintiff, upon the application of the infant, if he or she be of the age of fourteen years, or if under that age, upon the application of a relative or friend of the infant.

(2) When the infant is defendant, upon the application of the infant, if he or she be of the age of fourteen years, and applies within thirty days after the service of the summons; if he or she be under the age of fourteen, or neglects to apply, then upon the application of any other party to the action, or of a relative or friend of the infant.

NEW SECTION. Sec. 9. A new section is added to chapter 2.56 RCW to read as follows:

The administrator for the courts shall prepare a report for each school year to be submitted to the legislature no later than December 15th of each year that summarizes the disposition of petitions filed with the juvenile court under RCW 28A.225.030, including the number of contempt orders issued to enforce a court's order under RCW 28A.225.030.

Sec. 10. RCW 28A.225.025 and 1995 c 312 s 66 are each amended to read as follows:

For purposes of this chapter, "community truancy board" means a board composed of members of the local community in which the child attends school. The local school district boards of directors may create a community truancy board or may use other boards that exist or are created, such as diversion boards. However, a diversion or other existing board must agree before it is used as a truancy board. Members of the board shall be selected from representatives of the community. Duties of a community truancy board shall include, but not be limited to, recommending methods for improving school attendance such as assisting the parent or the child to obtain supplementary services that might eliminate or ameliorate the causes for the absences or having the child enroll in another school, an alternative education program, an education center, a skill center, a dropout prevention program, or another public or private educational program. If a community truancy board recommends that the child enroll in a nonpublic school or program, the child's school district shall contract with the school or program to provide educational services for the child.

NEW SECTION. Sec. 11. (1) The superintendent of public instruction, subject to available funding, shall establish an incentive program to encourage the creation of alternative learning schools and programs for students who have been truant, suspended, expelled, or who are subject to other disciplinary actions. Grants may be awarded to individual school districts, school district consortiums, and educational service districts. Funds for the grants may be used for planning and initial program development. Grants shall be awarded no later than November 1, 1996.

(2) This section expires December 31, 1996.

NEW SECTION. Sec. 12. A new section is added to chapter 28A.225 RCW to read as follows:

The superintendent of public instruction, subject to available funding, shall allocate funds to provide educational services for children who have been referred to a community truancy board or to the courts under RCW 28A.225.030. The funds shall be used on behalf of such children for enrollment in skill centers, education centers, alternative programs, and in other public or private educational programs. Decisions regarding the expenditure of the funds shall be made by the community truancy board or the courts, whichever is applicable. The amount of the assistance for each child shall be determined in accordance with the omnibus appropriations act. These funds shall be in excess of any other funds provided through RCW 28A.150.260 as basic education and other state, federal, or local sources.

Sec. 13. RCW 28A.225.030 and 1995 c 312 s 68 are each amended to read as follows:

If the actions taken by a school district under RCW 28A.225.020 are not successful in substantially reducing an enrolled student's absences from school, ((~~upon the fifth unexcused absence by a child within any month during the current school year or upon the tenth unexcused absence during the current school year~~)) the school district ((~~shall~~)) may file a petition with the juvenile court alleging a violation of RCW 28A.225.010: (1) By the parent; (2) by the child; or (3) by the parent and the child.

If the school district fails to file a petition under this section, the parent of a child ((~~with five or more unexcused absences in any month during the current school year or upon the tenth unexcused absence during the current school year~~)) may file a petition with the juvenile court alleging a violation of RCW 28A.225.010.

NEW SECTION. Sec. 14. The following acts or parts of acts are each repealed:

(1) RCW 28A.225.035 and 1995 c 312 s 69;

(2) RCW 28A.225.151 and 1995 c 312 s 72; and

(3) 1995 c 312 s 81 (uncodified).

NEW SECTION. Sec. 15. If specific funding for the purposes of this act, referencing the act by bill number, is provided by June 30, 1996, in the supplemental omnibus appropriations act, sections 13 and 14 of this act are null and void.

NEW SECTION. Sec. 16. If specific funding for the purposes of this act, referencing the act by bill number, is not provided by June 30, 1996, in the supplemental omnibus appropriations act, sections 1 through 12 of this act are null and void.