Bakersfield City School District Department of Student Services Attendance Enhancement and Truancy Reduction September 2006

Logistics/Materials 90 minutes without break Book: Attendance Enhancement Process Handouts Section Presentations Questions Outcomes

The Team School site staff Mike Skiba Erin Johnston Holly Mitchell Ernie Contreras Don Reimer

California’s Mandatory Attendance Laws Every person 6 to 18 years of age not legally exempted must attend public school full-time (Education Code Section 48200, BP 602.13) (emphasis added) “Full” school day (The Governing Board shall fix the length of the school day subject to the provisions of law (Education Code Section 46100, BP 400.8) Excused and unexcused absences (e.g., Health reasons, family emergencies, justifiable personal reasons [Education Code Section 46010, 48216, 48205; BP 602.6]) Exemptions from attendance (e.g. private school, private tutor, work permit [Education Code Section 48222 – 48225, 48230, 48231; BP 605.4})

Truancy Defined Three (3) unexcused school absences OR Partial day absence in excess of more than any 30 minute period on each of three days Any combination of the above Tardy doesn’t address early removals over 30 minutes, the term “partial day absence” covers tardies, early removals, parent late back from lunch with child over 30 minutes, etc.

Do the compulsory attendance law apply to students in special education? Yes, PLUS there is a requirement for the district to offer a “Free Appropriate Public Education” to each student identified under the Individuals with Disabilities Education Act. One advocate and one attorney in town have asserted that the compulsory attendance laws do not apply to students in special education. The statute reads, “(e)ach person between the ages of 6 and 18 years not exempted . . . Is subject to compulsory attendance (Education Code Section 48200). The statute doesn’t say, unless you are identified as special education. Exemptions include private full-time school, private tutor who holds a valid state credential providing the instruction, work permits to work temporarily in the entertainment or allied industry. When a student is identified as a student with a disability, the district is required to provide (offer) a Free Appropriate Public Education to the student. Failure to do so can result in the district losing in a legal action and paying damages such as “Compensatory Education.” Truancy and Disabled Students. The Office of Civil Rights determined a school district did not discriminate by suspending a student with a learning disability. The district sent a truancy notice to the student’s parent indicating he had been absent for more days then he had attended school, and warned that legal action would occur if he attendance did not improve. The Office of Civil Rights concluded the district encouraged the student to return to school after the suspensions as demonstrated by its written notices and its attempts to convene Individualized Education Program meetings to address the student’s problems (San Jose (California) Unified Sch. Dist., 40 IDELR 101 [Office of Civil Rights 2003]).

Outcomes of Chronic Truancy Reduced opportunities to learn/academic performance Interference with social development Increased risk of child abuse and neglect Increase in community crimes/delinquency At risk for dropping out of school Substance abuse, including early onset of Stress on the child and family Higher rates of emotional problems later in life Later risk for joblessness and poverty (Berg & Jackson, 1985; King et al, 1995; Kortering et al., 1997) http://www.nida.nih.gov/DirReports/DirRep902/DirectorReport5.html Meta-Analysis Finds Truancy Best Risk Indicator For Youth Substance Use http://www.nap.edu/books/0309071933/html/13.html

Why Children Might Have Severe and Chronic Attendance Problems Student (e.g., separation, social, & avoidance anxiety; depression; victimization; juvenile delinquency) Medical (e.g., somatic complaints with or without presence of medical condition) Family (e.g., family pathology - anxious/depressed parent uses student as a support person; substance abuse; student required to work; cover up child abuse/neglect) School (e.g., poor teacher-student relationships; academic difficulties; school climate, bullying) (Bernstein & Garfinkel, 1986, 1988; Bernstein et. al. 1997; Last, Francis, Hersen, Kazdin, & Strauss, 1987; Kearney, 2001; King et al., 1995; Last & Strauss, 1990) Separation anxiety, social anxiety, and depression (Bernstein & Garfinkel, 1986; 1988; Bernstein et. al. 1997; Last, Francis, Hersen, Kazdin, & Strauss, 1987; Last & Strauss, 1990), family pathology, victimization, juvenile delinquency, poor teacher-student relationships, or academic difficulties (Kearney, 2001; King et al., 1995). Separation anxiety may be seen by panic-like symptoms resulting in clinging, stomachaches, headaches, nausea or vomiting. Depression related to truancy may be seen as negative emotional expressions, anger, irritability and somatic complaints. Somatic complaints without the presence of a medical condition were reported in 49% of school refusers (Stickney & Miltenberger [1998]). Social or performance situations may create intense anxiety and avoid responses (e.g., public speaking, fear of humiliation, anticipatory anxiety for tests, interacting socially with others) Children with emotionally-based school avoidance (i.e., primarily the result of anxiety or depression) have historically been viewed as distinct from those exhibiting delinquent behaviors. School withdrawal is a term used in the literature to refer to situations where the parent/legal guardian or caregiver initiates using a child as a support person for a parent who is anxious and/or depress, sabotaging efforts to reintegrate the child, requiring a child to work to help with finances or covering up signs of child abuse/neglect (Berg et al., 1985; Kearney, 2001). Rough 5-28% of children display some aspect of school refusal behavior (Kearney, 2001). Often parents of children with school refusal do not parent as a team and demonstrate ineffective parenting skills (King et all., 2000). Financial stressors, including homelessness, can contribution to high rates of absenteeism (Rafferty & Shinn, 1991). School climate issues can contribute to school absenteeism (e.g., high level of disruptiveness and discipline problems, staff members unwilling to accommodate the individuals needs of children) (Blagg, 1987; Hersov, 1985; King et al., 1995).

Document efforts to help Importance of School Intervention Team (SIT), Referrals, & Outreach Efforts Identify and assess the problem(s), analyze the data, and plan intervention Document efforts to help Some students, however, violate compulsory education laws causing costly, long-term problems to the students, the school, the community, and our nation (California Department of Education, 2002).

Strategies to Address Truancy School environment design/school climate Incentive programs Goal and expectancy setting Notices/education (e.g., parent letters) Problem identification and analysis (Understanding reasons for truancy and implementing plan) School Intervention Team Health and mental health services Restructuring consequences Attendance enhancement process Other

Parent Education: Additions and Amendments to the 2005-06 Guide for Parents and Students Parents/guardians and students must understand that school attendance for students 6 – 18 years of age is not a matter of choice, but is a legal mandate. The District also has a duty as assigned by State attendance laws and is required to use appropriate legal means to correct problems of excessive absence or truancy.

Additions/Amendments Continued To fulfill its legal duties the District: (a) maintains an student attendance accounting system tracking student full day and partial day absences; (b) requires parents/guardians to provide information to the school whenever a student has a full or partial day absence; (c) uses incentive programs to encourage attendance, (d) sends letters or other notices when a student meets the legal definition of a truant; (e) refers parents/guardians to outside agencies to help resolve the reasons for school absence; (f) convenes school problem solving teams; (g) uses a School Attendance Review Board; and (h) coordinates services with the Office of the District Attorney, law enforcement, the Probation Department, the Department of Human Services including Child Protective Services, and the Health Department.

Additions/Amendments Continued Any student who is absent from school without a valid excuse three full days or partial days (e.g., tardy, early school removal) in excess of 30 minutes on each of three or more days in a school year is truant (Education Code 48260[a]).

Parent Education: Additions and Amendments to the 2006-07 Guide for Parents and Students After completing the minimum day, students who have written permission from their parents or guardians may be excused from school to attend religious services at a place away from school. Such absence shall be an excused absence if both the following conditions are complied with: (a) Each student so excused shall attend school at least the minimum school day* for his grade, and (b) No student shall be excused from school for such purpose on more than four days per school month. * Consistent with applicable law, the length of the school day has been established by the governing board requiring a minimum number of instructional minutes for each grade level served in the District. To accomplish the District’s mission, the instructional day has been lengthened, generally making it necessary for a student to attend school the whole day to receive the required minimum of instructional minutes. New Slide added 8/16/06 by MS

School Attendance Review Board (SARB), Law Enforcement & Deputy District Attorney Partners “Some children with emotionally-based school refusal have been referred to the courts for truancy. The pressure resulting from the court referral was often helpful in getting the child in for an evaluation” (Bernstein and Garfinkel, 1986).

Automated Truancy Letters Do I have to? Always? Should I care? Is anyone watching? Who else is helping? “Upon a pupil’s initial classification as a truant, the school . . . shall notify the pupil’s parent or guardian . . . that the pupil is truant . . .(Education Code Section 48260.5) and of the parent’s obligation to compel attendance, penalties for failure to comply, alternative programs available, right of parent to meet with school personnel. The first letter alone results in regained funding of $53 per student and 2 days of instruction gained. Truancy rates are reported on the annual California Department of Education report as part of the Local Education Agency Plan and are likely to be included in Adequate Yearly Progress requirements. The School Accountability Report Card already requires reporting of “drop outs,” which overlap with chronic and habitual truants

Formal Program Evaluation

What Happens When a Student is Identified as a Truant? The Attendance Enhancement Process begins…

Each Step Escalates the Seriousness of the Consequences: Letter #1 - Classification as Truant Letter Only Letter #2 - Second Classification as Truant Letter & Meeting with School Representative Oral: The best approach is for the student to have excellent attendance. The next best approach is to respond quickly and appropriately, whenever the school contacts you.

Step #3 – Classification as an Habitual Truant Critical Step in the Process Community service

When does a Student become a Habitual Truant? “Habitual Truant” is: Any pupil is deemed an habitual truant who has been reported as a truant three or more times per school year plus An appropriate school employee has made a conscientious effort to hold at least one conference with a parent or guardian of the pupil and the pupil himself/herself. (California Education Code Section 48262)

Habitual Truant (3 + 1 +1) + Conscientious Effort

Why is “Habitual Truant” Status Important? Once a student is classified as an “Habitual Truant” the parents and student become subject to the jurisdiction of the courts. Oral: Subject to the jurisdiction of the courts will be defined later.

<Letter #T1: Initial Classification as a Truant> <Date> <Parent Name> RE: <Student Name> <Parent Address> Bakersfield, CA 933<XX> Dear <Parent Name>, THIS IS A NOTICE THAT <Name of Student> HAS BEEN CLASSIFIED AS A TRUANT. A pupil is a truant if s/he is subject to full time education and does one or any combination of the following: (1) is absent from school without a valid excuse three full days in one school year; or (2) is tardy or absent for more than any 30-minute period during the school day without a valid excuse on three occasions in one school year (Education Code Section 48260). We have listed below the days your child was absent from school and/or the dates your child was late over thirty (30) minutes without a valid excuse. Absent Without a Valid Excuse Partial Day Absence Over 30 Minutes Without A Valid Excuse 9/7/04, 9/10/04, 9/13/04 9/15/04 We remind you every person 6 to 18 years of age not legally exempted must attend public school full time (Education Code Section 48200). You are obligated by law to compel your student to attend school.

<Letter #T2: Subsequent Classification as a Truant> <Date> <Parent Name> RE: <Student Name> <Parent Address> Bakersfield, CA 933<XX> Dear < >, After initially being classified as a truant, your child continues to be absent and/or tardy without a valid excuse. This classifies your child as a truant for a second time (Education Code Section 48261). Absent Without a Valid Excuse Partial Day Absence Over 30 Minutes Without A Valid Excuse 10/5/04 10/8/04 The law requires you, as a parent/guardian, to send your child to school every day and on time.

<Letter #T3B: CLASSIFICATION AS AN HABITUAL TRUANT> <NON-PROGRAM IMPROVEMENT SCHOOLS> <Date> <Parent Name> RE: <Student Name> <Parent Address> Bakersfield, CA 933<XX> Dear < >, Your child has been previously reported as a truant on <dates of prior letters>. This third letter is NOTICE THAT YOUR CHILD IS NOW DECLARED AN HABITUAL TRUANT pursuant to (Education Code Section 48262). Additional date(s) of truancies: Absent Without a Valid Excuse Partial Day Absence Over 30 Minutes Without A Valid Excuse 10/8/04 10/13/04 The school has attempted to work with you to solve your child’s attendance problems. These attempts have been unsuccessful. You and your child must now attend a School Attendance Review Board (S.A.R.B.) hearing. You will receive notice with the details of this hearing.

Red Attendance Folder K 1 2 3 4 5 6 7 8   K 1 2 3 4 5 6 7 8 Deputy District Attorney (D.D.A.) School Site Mediation Meeting Student and/or parent contact by letter, phone, or home visit Letter to parent/legal guardian School Intervention Team (S.I.T.) Meeting Letter to parent/legal guardian (habitual truancy letter - minimum of 5 absences) Letter to parent/legal guardian (please describe) School Attendance Review Board (S.A.R.B.) referral sent to Student Services Department S.A.R.B. hearing Referral to D.D.A Court date(s) if filed by D.D.A.

Truancy Screen (KEA)

Ernie Contreras Probation Officer Bakersfield City School District Owens Primary Ext. 38143 Probation Dept. 852-5779

Focus of Services by the Probation Officer Provide program support to school sites. Conduct intervention conferences with parents and students prior to the SARB.

The SARB Referral Packet STUDENT INFORMATION: Name ________________________________ SID# __________ School ______________ Home language ________________________ Interpreter required? Yes _____ No _____ Mother ______________________ ________________________ ___________________ Name Address Phone Number Father ______________________ ________________________ ____________________ Legal Guardian ____________________ _____________________ __________________ Home Phone ___________________________ Daytime Phone ____________________ Address Bakersfield CA 933 Street Apt. # City State Zip Sibling Name Grade School Sibling Name Grade School 1) ________________ _____ __________ 3) __________________ _____ __________ 2) ________________ _____ __________ 4) __________________ _____ __________ This student has been referred to the SARB in the past. Year_________ REQUIRED ACTION BY SCHOOL: r COMPLETE AND ATTACH THE ATTENDANCE SCREEN, INCLUDING LETTER DATES. r ATTACH COPY OF CUMULATIVE FOLDER SHOWING PAST ATTENDANCE HISTORY. r ATTACH COPY OF STUDENT INTERVENTION TEAM DOCUMENTATION.

Holly Mitchell Deputy District Attorney Direct Line: 868-2812 Cell Phone: 979-8048 Owens Primary: Ext 38144 Update phone numbers??

SIT’s and Home Visits The Deputy District Attorney (“DDA”) may attend a SIT. The DDA can notify a parent in writing of the DDA’s presence at the SIT. See handbook. If truancy letters have been mailed the DDA may make a home visit.

DDA Orientation Meeting The Goal is Prevention with a Positive Message Orientation letter “…”your child has an excessive number of absences…” See handbook for complete letters

DDA Orientations Scheduled at the end of the school day if possible. May be scheduled in the evening. DDA will arrange for law enforcement presence. Power point presentation can be accessed in BCSD web site. Presentation should be reviewed by responsible staff member prior to date Double check equipment prior to presentation

The School Should… Route an aphabetized list of student/SID’s Have the powerpoint on computer and ready to go Arrange for microphone(s) for speaker(s) Have at least one school representative present Have an interpreter present and prepared Supply pens and pencils for parents to use Have adequate copies of sign in sheets Have adequate copies of agreements Distribute evaluation forms for completion by parents See Handbook

In Addition to your Individual School Site Meeting: Parents/Students may attend meetings at other school sites Parents/Students may attend meetings at the Education Center

DDA Involvement in School Attendance Review Board (“SARB”) Non Punitive; The Goal is Prevention Parents who fail to attend will be issued a notice by the DDA to attend a DDA Mediation at the District Attorney’s office or issued a citation to appear in court.

DDA Mediation The Goal is Prevention Parents/students notified of “…the right to remain silent…” Root causes of truancy discussed Plan for rehabilitation formulated Agreement document signed

The Citation Process A citation is issued: _ The SARB panel determines that immediate court intervention is appropriate There is no improvement after the SARB Parents have been notified of the SARB and failed to appear The Parent fails to attend the DDA Mediation There is no improvement after the DDA Mediation

The Court Process The Goal is Prevention Parents ordered to attend Parent University or other similar program Student ordered to work program or other positive resource

Continued Follow up The School should notify Ernie of any student whose attendance does not improve after the SARB School continues to monitor attendance and provide proper notices The DDA will follow through with mediation meetings and court hearings The DDA will provide the school site with a summary of the court proceedings

Court Summary OFFICE OF THE DISTRICT ATTORNEYC O U N T Y O F K E R NCIVIC CENTER JUSTICE BUILDING1215 TRUXTUN AVENUE, 4TH FLOORBAKERSFIELD, CALIFORNIA 93301(661) 868-2340, FAX: (661) 868-2700September 8, 2006THOMAS D. SPARKSChief Deputy District AttorneyEDWARD R. JAGELS district Attorney J. MICHAEL SALEENChief Deputy District Attorney In the Matter of:_______________________________________ Court Case No._______________________________________ Student Name & SID #:________________________________ School:_____________________________________________ The above named student appeared in court on ____________________ regarding violation of Truancy Laws. The court ordered the following: Minor admitted and was found to be in violation of the Truancy Laws Parent pled guilty and was found to be in violation of the Truancy Laws Minor Pay fine in amount of $ 350.00.___________. Suspended Forthwith Parent Pay fine in the amount of $370.00_________. Suspended Forthwith Parent ensure that the student attends school regularly with no period cuts or tardies. Parent Attend and Complete Parenting Classes. Parent/child Attend and Complete court ordered counseling. Parent enrolled child in after school tutoring and facilitate his/her attendance. Student Complete court ordered juvenile work program Parent/Child complete community service hours Parent Enroll student in school and bring proof of enrollment to next court hearing. Parent Cooperate with school & comply with all school requests for meetings. Parent take minor to school everyday. Proof of compliance with _____________ due by ________________ Bring Progress Report or Grade Check to next hearing. Enroll minor in School Tutoring Program. Other _______________________________________________________________________________________________________________________________________________________________________________________________________________ The Parent and child are ordered to RETURN TO COURT ON:________________________ Any questions about the terms mentioned above as they relate to this student and family can be addressed directly to me as indicated below. By_____________________ Holly N. Mitchell Deputy District Attorney 868-2812

Web Site Resources Student Services Website

COLLABORATION Working together = Good Attendance = Good Grades = Success in School = The ability to Make Life Choices = Responsible, Crime Free Adults

Questions/Issues Central Team Upfront

THANK YOU!