BILL REQ. #:  H-0379.1 

Prefiled 01/05/11. Read first time 01/10/11.   Referred to Committee on Judiciary.

     AN ACT Relating to school truancy; and amending RCW 28A.225.030, 28A.225.035, and 28A.225.090.

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

Sec. 1   RCW 28A.225.030 and 1999 c 319 s 2 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)) may 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.
     (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, if available, 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, including use of truancy diversion and school reengagement programs referenced in RCW 28A.225.025(2); or
     (c) File a petition under subsection (1) of this section.
     (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.
     (5) Petitions filed under this section may be served by certified mail, return receipt requested. If such service is unsuccessful, or the return receipt is not signed by the addressee, personal service is required.

Sec. 2   RCW 28A.225.035 and 2009 c 266 s 3 are each amended to read as follows:
     (1) A petition for a civil action under RCW 28A.225.030 or 28A.225.015 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, date of birth, school, address, gender, race, and ethnicity of the child and the names and addresses of the child's parents, and shall set forth whether the child and parent are fluent in English and whether there is an existing individualized education program.
     (3) The petition shall set forth facts that support the allegations in this section and shall generally request relief available under this chapter and provide information about what the court might order under RCW 28A.225.090.
     (4) When a petition is filed under RCW 28A.225.030 or 28A.225.015, the juvenile court shall schedule a hearing at which the court shall consider the petition, or if the court determines that a referral to an available community truancy board would substantially reduce the child's unexcused absences, the court may refer the case to a community truancy board under the jurisdiction of the juvenile court.
     (5) If a referral is made to a community truancy board, the truancy board must meet with the child, a parent, and the school district representative and enter into an agreement with the petitioner and respondent regarding expectations and any actions necessary to address the child's truancy within twenty days of the referral. If the petition is based on RCW 28A.225.015, the child shall not be required to attend and the agreement under this subsection shall be between the truancy board, the school district, and the child's parent. The court may permit the truancy board or truancy prevention counselor to provide continued supervision over the student, or parent if the petition is based on RCW 28A.225.015.
     (6) If the truancy board fails to reach an agreement, or the parent or student does not comply with the agreement, the truancy board shall return the case to the juvenile court for a hearing.
     (7)(((a))) Notwithstanding the provisions in subsection (4) of this section, a hearing shall not be required if other actions by the court would substantially reduce the child's unexcused absences. When a juvenile court hearing is held, the court shall:
     (((i))) (a) Separately notify the child, the parent of the child, and the school district of the hearing. If the parent is not fluent in English, the preferred practice is for notice to be provided in a language in which the parent is fluent;
     (((ii))) (b) Notify the parent and the child of their rights to present evidence at the hearing; ((and
     (iii))) (c) Notify the parent and the child of the options and rights available under chapter 13.32A RCW;
     (d) Not accept agreed orders by the parties other than one of dismissal without a full colloquy in court with the parent and the child concerning their rights to a contested hearing on the issue of truancy; and
     (e) Determine after an in-court hearing whether the parent and the child understand the elements of the petition and understand their rights and the terms of any order that the court may issue.
     (((b) If the child is not provided with counsel, the advisement of rights must take place in court by means of a colloquy between the court, the child if eight years old or older, and the parent.))
     (8) The court may require the attendance of the child if eight years old or older, the parents, and the school district at any hearing on a petition filed under RCW 28A.225.030.
     (9) A school district is responsible for determining who shall represent the school district at hearings on a petition filed under RCW 28A.225.030 or 28A.225.015.
     (10)(a) The court may permit the first hearing to be held without requiring that ((either party)) the school district be represented by legal counsel((, and to be held without a guardian ad litem for the child under RCW 4.08.050)). If the child has a disability, the court shall appoint counsel for the child as required by Washington state rules of court, general rule 33.
     (b) At the request of the school district made upon a written motion in the individual case, the court shall permit a school district representative who is not an attorney to represent the school district at any future hearings.
     (11) If the child is in a special education program or has a diagnosed mental or emotional disorder, the court shall inquire as to what efforts the school district has made to assist the child in attending school.
     (12) If the allegations in the petition are established by a preponderance of the evidence, the court shall grant the petition and enter an order assuming jurisdiction to intervene for the period of time determined by the court, after considering the facts alleged in the petition and the circumstances of the juvenile, to most likely cause the juvenile to return to and remain in school while the juvenile is subject to this chapter. In no case may the order expire before the end of the school year in which it is entered.
     (13) If the court assumes jurisdiction, the school district shall regularly report to the court any additional unexcused absences by the child.
     (14) 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.
     (15) If after a juvenile court assumes jurisdiction in one county the child relocates to another county, the juvenile court in the receiving county shall, upon the request of a school district or parent, assume jurisdiction of the petition filed in the previous county.

Sec. 3   RCW 28A.225.090 and 2009 c 266 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 restitution. 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. Detention ordered under this subsection may be for no longer than seven days. A warrant of arrest for a child under this subsection may not be served on a child inside of school during school hours in a location where other students are present.)) The court may not issue a warrant for arrest of the child for failure to attend a court hearing unless there is proof that the child had notice of the hearing and the ability to have transportation to the hearing and there is proof that the child is not in school at the time of the hearing. No warrant of arrest for a child may be served on the child if the child is in school during school hours. If a law enforcement officer attempting to serve a warrant discovers that the child is in school, the officer must report that to the court and the court must quash the warrant.
     (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. The court shall remit fifty percent of the fine collected under this section to the child's school district. 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 restitution 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)) make a finding as to whether the child is in contempt, and if the child is in contempt 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 restitution. 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)):
     (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, 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 may 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 may not be required to enter into a contract that is longer than the remainder of the school year. A school district may not be required to enter into or continue a contract if the child is no longer enrolled in the district;
     (d) 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.
     (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.
     (6) Before finding a child in contempt under this chapter, the court shall determine and make written findings whether the child has adequate and affordable transportation available to get to and from school and whether the child or another family member has health issues that affect the child's ability to attend school.