AN
ACT Relating to revising judicial truancy provisions; and amending RCW
28A.225.020, 28A.225.025, 28A.225.030, 28A.225.035, 28A.225.090, adding a new
section to chapter 28A.225 RCW; adding a new section to chapter 28A.300 RCW,
creating a new section, and providing an expiration date.
BE IT
ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
Sec.
1. RCW
28A.225.020 and 1996 c 134 s 2 are each amended to read as follows:
(1)
If a child required to attend school under RCW 28A.225.010 fails to attend
school without valid justification, the public school in which the child is
enrolled shall:
(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;
(b)
Schedule a conference or conferences with the custodial parent, parents, or
guardian and child at a time 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
(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, referring the
child to a community truancy board, if available, 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.
(3)
If a child transfers from one school district to another during the school
year, the receiving school or school district shall include the unexcused
absences accumulated at the previous school or from the previous school district
for purposes of this section, RCW 28A.225.030, and section 6 of this act.
Sec.
2. 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.
(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; 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.
3. RCW
28A.225.035 and 1997 c 68 s 1 are each amended to read as follows:
(1)
A petition for a civil action under RCW 28A.225.030 or section 6 of this act
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 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 section 6 of this act,
the juvenile court shall schedule a hearing at which the court shall consider
the petition((. However)), 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 thirty days of the
referral. If the petition is based on section 6 of this act, 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
agreement shall be presented to the juvenile court for its approval.
(6)
The court shall approve the agreement by order or schedule a hearing. The
court may, if the school district and community truancy board agree, permit the
truancy board to provide continued supervision over the student, or parent if
the petition is based on section 6 of this act, and report on compliance with
the order.
(7)
If the truancy board fails to reach an agreement, the truancy board shall
return the case to the juvenile court for a hearing.
(8)
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:
(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
(c)
Notify the parent and the child of the options and rights available under
chapter 13.32A RCW.
(((5)))
(9) The court may require the attendance of ((both)) the child ((and))
if eight years old or older, the parents, and the school district
at any hearing on a petition filed under RCW 28A.225.030.
(((6)))
(10) 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
section 6 of this act.
(11)
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)) shall permit a school district representative who
is not an attorney to represent the school district at any future hearings.
(((7)))
(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.
(((8)))
(13) If the court assumes jurisdiction, the school district shall
regularly report to the court any additional unexcused absences by the child.
(((9)))
(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.
4. RCW
28A.225.090 and 1998 c 296 s 39 are each amended to read as follows:
(1)
A court may order a child subject to a petition under RCW 28A.225.035 to:
(a)
Attend the child's current school;
(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.
(2)
If the child fails to comply with the court order, the court may order the
child to be ((punished by)) 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 ((punishable by)) 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,
section 6 of this act, 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 section 6 of this act.
Sec.
5. RCW
28A.225.025 and 1996 c 134 s 9 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)) Juvenile courts may
establish and operate community truancy boards. If the juvenile court and the
school district agree, a school district may establish and operate a community
truancy board under the jurisdiction of the juvenile court. Juvenile courts
may create a community truancy board or may use other ((boards)) entities
that exist or are created, such as diversion ((boards)) units.
However, a diversion unit or other existing ((board)) entity
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 suggesting to the school district that 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.
NEW
SECTION. Sec. 6. A
new section is added to chapter 28A.225 RCW to read as follows:
(1)
If a parent enrolls a child who is six or seven years of age in a public
school, the child is required to attend and that parent has the responsibility
to ensure the child attends for the full time that school is in session. An
exception shall be made to this requirement for children whose parents formally
remove them from enrollment if the child is less than eight years old and a
petition has not been filed against the parent under subsection (3) of this
section. The requirement to attend school under this subsection does not apply
to a child enrolled in a public school part-time for the purpose of receiving
ancillary services. A child required to attend school under this subsection
may be temporarily excused upon the request of his or her parent for purposes
agreed upon by the school district and parent.
(2)
If a six or seven year-old child is required to attend public school under
subsection (1) of this section and that child has unexcused absences, the
public school in which the child is enrolled shall:
(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;
(b)
Request a conference or conferences with the custodial parent, parents, or
guardian and child at a time 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
(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,
offering assistance in enrolling the child in available alternative schools or
programs, or assisting the parent or child to obtain supplementary services
that may help eliminate or ameliorate the cause or causes for the absence from
school.
(3)
If a child required to attend public school under subsection (1) of this
section has seven unexcused absences in a month or ten unexcused absences in a
school year, the school district shall file a petition for civil action as
provided in RCW 28A.225.035 against the parent of the child.
(4)
This section does not require a six or seven year old child to enroll in a
public or private school or to receive home-based instruction. This section
only applies to six or seven year old‑ children whose parents enroll them
full time in public school and do not formally remove them from enrollment as
provided in subsection (1) of this section.
NEW
SECTION. Sec. 7. A
new section is added to chapter 28A.300 RCW to read as follows:
The
superintendent of public instruction shall provide, to the extent funds are
appropriated, start-up grants for alternative programs and services that
provide instruction and learning for truant, at-risk, and expelled students.
Each grant application shall contain proposed performance indicators and an
evaluation plan to measure the success of the program and its impact on
improved student learning. Applications shall contain the applicant's plan for
maintaining the program and services after the grant period.
NEW
SECTION. Sec. 8. If
funds are appropriated by the legislature for this specific purpose, the
superintendent of public instruction shall contract with the institute of
public policy or a similar agency to: Evaluate the effectiveness of the
petition process and community truancy boards in chapter 28A.225 RCW in
reducing truancy; determine whether students who do return to school after
being subject to court action create disruptions for other students in the
school, establish patterns of improved attendance, and successfully complete
their education program; and determine the costs imposed on school districts by
the petition process and other truancy-related procedural requirements required
by the legislature in 1992 and thereafter.
The
cost determination shall be submitted to the legislature by December 15, 1999.
The evaluation shall be submitted to the appropriate committees of the
legislature by December 15, 2000.
This
section expires December 31, 2000.
