_______________________________________________
SENATE
BILL 6570
_______________________________________________
AS
AMENDED BY THE HOUSE
Passed
Legislature - 2000 Regular Session
State of Washington 56th
Legislature 2000 Regular Session
By
Read first time 01/19/2000.
Referred to Committee on Human Services & Corrections.
Providing
additional judicial authority in truancy petitions.
AN
ACT Relating to judicial authority in truancy petitions; and amending RCW
28A.225.090.
BE IT ENACTED BY THE
LEGISLATURE OF THE STATE OF WASHINGTON:
Sec.
1. RCW
28A.225.090 and 1999 c 319 s 4 are each amended to read as follows:
(1)
A court may order a child subject to a petition under RCW 28A.225.035 to do
one or more of the following:
(a)
Attend the child's current school, and set forth minimum attendance
requirements, including suspensions;
(b)
If there is space available and the program can provide educational services
appropriate for the child, order the child to attend another public school, an
alternative education program, center, a skill center, dropout prevention
program, or another public educational program;
(c)
Attend a private nonsectarian school or program including an education center.
Before ordering a child to attend an approved or certified private nonsectarian
school or program, the court shall: (i) Consider the public and private
programs available; (ii) find that placement is in the best interest of the
child; and (iii) find that the private school or program is willing to accept
the child and will not charge any fees in addition to those established by
contract with the student's school district. If the court orders the child to
enroll in a private school or program, the child's school district shall
contract with the school or program to provide educational services for the
child. The school district shall not be required to contract for a weekly rate
that exceeds the state general apportionment dollars calculated on a weekly
basis generated by the child and received by the district. A school district
shall not be required to enter into a contract that is longer than the
remainder of the school year. A school district shall not be required to enter
into or continue a contract if the child is no longer enrolled in the district;
(d)
Be referred to a community truancy board, if available; or
(e)
Submit to testing for the use of controlled substances or alcohol based on a
determination that such testing is appropriate to the circumstances and
behavior of the child and will facilitate the child's compliance with the
mandatory attendance law and, if any test ordered under this subsection
indicates the use of controlled substances or alcohol, order the minor to
abstain from the unlawful consumption of controlled substances or alcohol and
adhere to the recommendations of the drug assessment at no expense to the
school.
(2)
If the child fails to comply with the court order, the court may order the
child to be subject to detention, as provided in RCW 7.21.030(2)(e), or may
impose alternatives to detention such as community service. Failure by a child
to comply with an order issued under this subsection shall not be subject to
detention for a period greater than that permitted pursuant to a civil contempt
proceeding against a child under chapter 13.32A RCW.
(3)
Any parent violating any of the provisions of either RCW 28A.225.010,
28A.225.015, 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
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.
(4)
If a child continues to be truant after entering into a court-approved order
with the truancy board under RCW 28A.225.035, the juvenile court shall find the
child in contempt, and the court may order the child to be subject to
detention, as provided in RCW 7.21.030(2)(e), or may impose alternatives to
detention such as meaningful community service. Failure by a child to comply
with an order issued under this subsection may not subject a child to detention
for a period greater than that permitted under a civil contempt proceeding
against a child under chapter 13.32A RCW.
(5) Subsections (1), (2), and (4) of this section shall not apply
to a six or seven year-old child required to attend public school under RCW
28A.225.015.
