| Washington State House of Representatives Office of Program Research |
BILL ANALYSIS |
| Judiciary Committee | |
ESB 5983
This analysis was prepared by non-partisan legislative staff for the use of legislative members in
their deliberations. This analysis is not a part of the legislation nor does it constitute a
statement of legislative intent.
Title: An act relating to notice in truancy matters.
Brief Description: Requiring juvenile courts to provide truancy hearing notice using the court's resources.
Sponsors: Senators Stevens and Hargrove.
Brief Summary of Engrossed Bill |
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Hearing Date: 3/20/07
Staff: Edie Adams (786-7180).
Background:
State law regarding school attendance requires children ages eight to 17 years to attend public
schools unless they fall within certain exceptions, such as attending private school, receiving
home-based instruction, or when the child is 16 years old and meets other specified criteria.
When a child who is required to attend a public school has unexcused absences, the school
district must take steps to eliminate or reduce the child's absences and must also notify and
request a conference with the parent. After five unexcused absences in one month the school
district must either: enter into a school attendance agreement with the student and parent; refer
the student to a community truancy board; or file a truancy petition requesting court intervention
or supervision. If the efforts of the school and the parents do not reduce the child's absences, the
school district must file a truancy petition with the juvenile court no later than the seventh
unexcused absence in a month or the tenth unexcused absence during a school year. The petition
may be filed against the child, the parent, or both. A parent may file a truancy petition if the
school district does not file a petition after five unexcused absences in one month or after 10
unexcused absences in a school year.
A truancy petition is filed in juvenile court. The petition may be served by certified mail, return
receipt requested, but if this method of service fails, the petition must be personally served.
Upon receipt of a truancy petition, the court must either schedule a hearing on the petition or
refer the case to a community truancy board.
When a juvenile court hearing is held on a truancy petition, the court is required to separately
notify the child, the parent of the child, and the school district of the hearing; notify the parent
and child of their rights to present evidence at the hearing; and notify the parent and the child of
the options and rights available under the Family Reconciliation Act.
Summary of Bill:
The provision governing notice requirements for truancy petition hearings is amended to require
the notices to be provided when the hearing is scheduled and to provide that the court must
provide the required notices "directly and using its own resources."
Appropriation: None.
Fiscal Note: Requested on March 14, 2007.
Effective Date: The bill takes effect 90 days after adjournment of session in which bill is passed.