Current through Register Vol. 40, No. 16, March 25, 2024
A. Each local
school board shall provide guidance regarding what would constitute an excused
absence in order to address when the explanation provided by the parent will be
determined to be reasonable and acceptable.
B. Each local school board shall develop
procedures to ensure that appropriate interventions will be implemented when a
student engages in a pattern of absences less than a full day, the explanation
for which, if it were a full-day absence, would not be deemed an excused
absence.
C. The following
intervention steps shall be implemented to respond to unexcused absences from
school and to engage students in regular school attendance.
1. Whenever a student fails to report to
school on a regularly scheduled school day and no information has been received
by school personnel that the student's parent is aware of and supports the
absence, or the parent provides a reason for the absence that is unacceptable
to the school administration, the school principal or designee, attendance
officer, or other school personnel or volunteer will notify the parent by phone
or email or any other electronic means to obtain an explanation. The school
staff shall record the student's absence for each day as "excused" or
"unexcused." Early intervention with the student and parent or parents shall
take place for repeated unexcused absences.
2. When a student has received five unexcused
absences, the school principal or designee shall make a reasonable effort to
ensure that direct contact is made with the parent. The parent shall be
contacted in a face-to-face conference, by telephone, or through the use of
other communication devices. During the direct contact with the parent and the
student (if appropriate), reasons for nonattendance shall be documented and the
consequences of nonattendance explained. An attendance plan shall be made with
the student and parent or parents to resolve the nonattendance issues. The
student and parent may be referred to a school-based multi-disciplinary team
for assistance implementing the attendance plan and case management.
3. When the student accrues a seventh
unexcused absence, the school principal or principal's designee shall schedule
a face-to-face attendance conference, or an interaction that is conducted
through the use of communication technology. The attendance conference must be
held within 10 school days from the date of the 10th unexcused absence. The
principal or principal's designee shall make reasonable efforts to contact the
student's parent or parents to attend the attendance conference either in
person or via communication technology. If the principal or principal's
designee, after reasonable efforts have been made, is unable to contact the
student's parent, the conference shall be held regardless of whether the
student's parent approves of the conference. The conference shall include the
principal or principal's designee and a representative from the
multi-disciplinary team.
4. The
multi-disciplinary team shall monitor the student's attendance and, as
necessary, meet again to address concerns and plan additional interventions if
the student's attendance does not improve. If additional meetings are
necessary, the principal or principal's designee shall make reasonable efforts
to contact the student's parent or parents and schedule a face-to-face meeting,
or an interaction that is conducted through the use of communication
technology. If the principal or principal's designee, after reasonable efforts
have been made, is unable to contact the student's parent, the conference shall
be held regardless of whether the student's parent approves of the
conference.
5. In circumstances in
which the parent is intentionally noncompliant with compulsory attendance
requirements or the student is resisting parental efforts to comply with
compulsory attendance requirements, the school principal or principal's
designee shall make a referral to the attendance officer . The attendance
officer shall schedule a conference with the student and the student's parent
or parents within 10 days of receiving the referral. The attendance officer may
(i) file a complaint with the juvenile and domestic relations district court
alleging the student is a child in need of supervision as defined in §
16.1-228 of the Code
of Virginia or (ii) institute proceedings against the parent pursuant to §
18.2-371
or
22.1-262
of the Code of Virginia. In addition to written documentation of the efforts to
comply with the notice provisions of §
22.1-258
of the Code of Virginia, all records of intervention regarding the student's
unexcused absences, such as copies of the conference meeting notes, attendance
plan, and description of the supports offered or made available to the student
shall be presented to the intake worker.
D. A record shall be maintained of each
meeting that includes the attendance plan, the name of individuals in
attendance at each conference meeting (including via telephone or electronic
devices), the location and date of the conference, a summary of what occurred,
and follow-up steps.
Statutory Authority: §§
22.1-16
and
22.1-258
of the Code of Virginia.