BP BHEAD INT S [atlas:bill]

AN ACT Relating to students with unexcused absences from school on whose behalf public assistance is received; amending RCW 28A.225.030; reenacting and amending RCW 28A.225.035; adding a new section to chapter 28A.225 RCW; and adding a new section to chapter 74.04 RCW.

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

Sec. 1. RCW 28A.225.030 and 1996 c 134 s 3 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, not later than the seventh unexcused absence by a child within any month during the current school year or not later than the tenth unexcused absence during the current school year the school district shall file a petition and supporting affidavit for a civil action with the juvenile court alleging a violation of RCW 28A.225.010: (a) By the parent; (b) by the child; or (c) by the parent and the child. Except as provided in this subsection, no additional documents need be filed with the petition. A school district may also file a petition with the court for a child who is not required to attend school under RCW 28A.225.010 but is enrolled in a public elementary school when the child's unexcused absences exceed seven days within any month or ten days during the current school year, and the absences are impeding the child's ability to meet the essential academic learning requirements of RCW 28A.630.885.

(2) The district shall not later than the fifth unexcused absence in a month:

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

(b) Refer a 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; or

(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. 2. RCW 28A.225.035 and 1996 c 134 s 4 and 1996 c 133 s 31 are each reenacted and 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 unexcused absences during 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 shall schedule a 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. When a hearing is held, the court shall:

(a) Separately notify the child, the parent of the child, and the school district of the hearing;

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

(d) Identify whether the child is a member of an assistance unit receiving temporary assistance for needy families and notify the school if the child is a member of an assistance unit.

(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.

(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.

NEW SECTION. Sec. 3. A new section is added to chapter 28A.225 RCW to read as follows:

If a school has received notification under RCW 28A.225.035(4) that a child is a member of an assistance unit receiving temporary assistance for needy families, the school shall report to the court when the child has missed twenty days of school within five days of the twentieth absence.

A court receiving notification under this section that a child who is a member of an assistance unit receiving temporary assistance for needy families has missed twenty days of school shall order the department of social and health services to withhold twenty-five dollars from the assistance unit's warrant for each day the child misses school beyond the initial twenty days or order the department of social and health services to forward the assistance unit's warrant to the school in which the child is enrolled and order the child's parent to obtain the warrant from the appropriate school personnel. The order to withhold shall indicate to the department of social and health services the school district in which the child is enrolled.

NEW SECTION. Sec. 4. A new section is added to chapter 74.04 RCW to read as follows:

If the department receives a court order to withhold money from an assistance unit's warrant because a child in the assistance unit has missed more than twenty-one days of school, the department shall transmit the withheld funds to the school district in which the child in the assistance unit is enrolled.