“Stay in School”Attendance Enhancement ProgramAttendance Enhancement Program

A Presentation For Parents & StudentsA Presentation For Parents & Students

Bakersfield City School DistrictBakersfield City School DistrictAnd Kern County District Attorney’s OfficeAnd Kern County District Attorney’s Office

THE LAW THE LAW

REGARDING SCHOOL REGARDING SCHOOL ATTENDANCEATTENDANCE

What Exactly Does the Law Say?

Each person between the ages of 6 and 18 Each person between the ages of 6 and 18 years SHALL attend school full-time.years SHALL attend school full-time.

((CaliforniaCalifornia Education Code 48200Education Code 48200))

Compulsory Attendance Laws

Basic RuleBasic Rule: The Law Requires : The Law Requires you to be in School.you to be in School.

These laws are These laws are brokenbroken when when the student is considered a the student is considered a

truant.truant.

Why should a parent be concerned with the Compulsory Attendance Laws?

Because when these laws are broken, a Because when these laws are broken, a parent and the parent’s student may be parent and the parent’s student may be taken to court.taken to court.

What is Truancy?

A Truant is…Any student who is absent from school Any student who is absent from school without without valid excusevalid excuse either: either:

1.1. For three full days; or For three full days; or

2.2. Tardy more than 30 minutes three Tardy more than 30 minutes three times; ortimes; or

3.3. Any combination of three Any combination of three (full school days or more than 30 (full school days or more than 30 minutes late.)minutes late.)

(Education Code Section 48260)(Education Code Section 48260)

OUTCOMES OF CHRONIC TRUANCY

RESEARCH SHOWS: Fewer opportunities to Fewer opportunities to

learn.learn. Interference with social Interference with social

development.development. Increased risk of child Increased risk of child

abuse and neglect.abuse and neglect. At risk of dropping out of At risk of dropping out of

school.school. Substance abuse, Substance abuse,

including early onset of including early onset of stress on the child and stress on the child and family.family.

Higher rates of emotional Higher rates of emotional problems later in life.problems later in life.

Later risk of joblessness Later risk of joblessness and poverty.and poverty.

Source: Berg & Jackson 1985, Source: Berg & Jackson 1985, King et al 1995, Kortering et al King et al 1995, Kortering et al 19971997

Why might children have severe and chronic attendance problems? StudentStudent (Depression, victimization, juvenile delinquency)(Depression, victimization, juvenile delinquency)

MedicalMedical (Complaint of health condition)(Complaint of health condition)

FamilyFamily (Parent uses student as a support person, substance abuse, (Parent uses student as a support person, substance abuse, student is required to work, cover up child abuse/neglect)student is required to work, cover up child abuse/neglect)

SchoolSchool (Poor teacher-student relationships, academic difficulties, (Poor teacher-student relationships, academic difficulties, school climate, bullying)school climate, bullying)

Source: Bernstein & Garfinkel, 1986, 1988; Bernstein et. Al. 1997; Last, Francis, Source: Bernstein & Garfinkel, 1986, 1988; Bernstein et. Al. 1997; Last, Francis, Hersen, Kazdin & Strauss, 1987; Kearney, 2001; King et. Al., 1995; Last & Hersen, Kazdin & Strauss, 1987; Kearney, 2001; King et. Al., 1995; Last & Strauss, 1990Strauss, 1990

What is Excused v. Unexcused?

EXCUSEDEXCUSED Personal IllnessPersonal Illness (Doc note may be required)(Doc note may be required)

Medical AppointmentMedical Appointment -Keep to a minimum-Keep to a minimum

Funeral of Immediate Funeral of Immediate Family MemberFamily Member

-One day only.-One day only.

””Immediate Family Member” is defined Immediate Family Member” is defined as mother, father, grandmother, as mother, father, grandmother, grandfather, son/son-in-law, grandfather, son/son-in-law, daughter/daughter-in-law, brother, sister, daughter/daughter-in-law, brother, sister, or any relative living in the student’s or any relative living in the student’s immediate household.immediate household.

Court Appearance Court Appearance RequiredRequired

UNEXCUSEDUNEXCUSED Out of Town Visit to RelativesOut of Town Visit to Relatives

Runny nose or cough or mild stomach Runny nose or cough or mild stomach acheache

Minor HeadachesMinor Headaches

Stay with a Sick RelativeStay with a Sick Relative

Otherwise would have been excused, Otherwise would have been excused, but parent didn’t bother to call.but parent didn’t bother to call.

See:See:California Education Code section 48205California Education Code section 48205

What Happens When a Student is Identified as a Truant?

The STEP Process beginsThe STEP Process begins……

THE STEP PROCESS

School Process:School Process:

Monitor student attendanceMonitor student attendance

Each Step Escalates the Seriousness of the Consequences:

Step #1 - Step #1 - Classification as TruantClassification as Truant Letter OnlyLetter Only

Step #2 - Step #2 - Second Classification as TruantSecond Classification as TruantLetter &Letter &

Meeting with School Meeting with School RepresentativeRepresentative

Step #3 – Step #3 – Classification as an Classification as an Habitual TruantHabitual Truant

Community service

An Habitual Truant

When does a Student become a Habitual Truant?

““Habitual Truant” is:Habitual Truant” is:Any pupil is deemed an habitual truant who has been Any pupil is deemed an habitual truant who has been reported as a truant three or more times per school year’reported as a truant three or more times per school year’

plusplusAn appropriate school employee has made a conscientious An appropriate school employee has made a conscientious effort to hold at least one conference with a parent or effort to hold at least one conference with a parent or guardian of the pupil and the pupil himself/herself.guardian of the pupil and the pupil himself/herself.

((California Education Code Section 48262California Education Code Section 48262))

Habitual Truant

(3 + 1 +1) + Conscientious Effort (3 + 1 +1) + Conscientious Effort

Why is “Habitual Truant” Status Important?

Once a student is classified as an “Habitual Once a student is classified as an “Habitual Truant” the parents and student becomeTruant” the parents and student become subject to the jurisdiction of the courtssubject to the jurisdiction of the courts..

Step #4 - Step #4 - School AttendanceSchool Attendance Review Board (SARB)Review Board (SARB)

A multi-agency group which meets with A multi-agency group which meets with students and parents in an effort to remedy students and parents in an effort to remedy the problem of chronic truancy.the problem of chronic truancy.

The IntentThe Intent……

The intent of the Bakersfield City School The intent of the Bakersfield City School District School Attendance Review Board is District School Attendance Review Board is to provide intensive guidance and to provide intensive guidance and coordinated community services to meet the coordinated community services to meet the needs of pupils with school attendance needs of pupils with school attendance problems prior to a referral to court.problems prior to a referral to court.

What is expected to occur after the School Attendance Review Board? The The parent/guardianparent/guardian is expected to follow is expected to follow

the directives/recommendations of the the directives/recommendations of the S.A.R.B. panel.S.A.R.B. panel.

The The studentstudent is required to have no more is required to have no more unexcused absences or tardies over 30 unexcused absences or tardies over 30 minutes.minutes.

What occurs if the student continues to have unexcused absences is late over 30 minutes after the School Attendance Review Board meeting? The case is referred to the District Attorney’s Office.

This is when that phrase becomes important…

““SUBJECT TO THE SUBJECT TO THE JURISDICTION OF THE JURISDICTION OF THE

COURT”COURT”

What Does it Mean to be “Subject to the Jurisdiction of the Courts”

Answer It means that the Courts It means that the Courts

can get involved in the can get involved in the issue of your child’s issue of your child’s school attendance. school attendance.

It means that the parent It means that the parent

may be legally may be legally prosecuted for their prosecuted for their child not going to child not going to school.school.

It means that the Courts It means that the Courts can get involved in the can get involved in the issue of your child’s issue of your child’s school attendance. school attendance.

It means that the parent It means that the parent

may be legally may be legally prosecuted for their prosecuted for their child not going to child not going to school.school.

THE LEGAL CONSEQUENCES

Parents, Truancy & the Law

Any parent, guardian, or other person Any parent, guardian, or other person having control or charge of any pupil, who having control or charge of any pupil, who fail to comply with the Compulsory fail to comply with the Compulsory Education Laws is guilty of an infraction Education Laws is guilty of an infraction and shall be punished.and shall be punished.

((Education Code 48293Education Code 48293))

What penalties can be imposed against a PARENT? Infraction = fine + penalties & assessmentsInfraction = fine + penalties & assessments

11stst offense = $100 fine offense = $100 fine 22ndnd offense = $250 fine offense = $250 fine 33rdrd offense = $500 fine offense = $500 fine

Misdemeanor Penal Code section 272Misdemeanor Penal Code section 272 Up to $2,500 fineUp to $2,500 fine Up to 1 year in jailUp to 1 year in jail Up to 5 years ProbationUp to 5 years Probation

Possible additional requirementsPossible additional requirements Parenting classesParenting classes Taking child to schoolTaking child to school

What charges may be filed against the STUDENT

Infraction – Education Code 48262Infraction – Education Code 48262 $100 fine plus penalties and assessments$100 fine plus penalties and assessments 20-40 hours community service20-40 hours community service After school or weekend study programAfter school or weekend study program Loss/delay of driver’s license and/or work Loss/delay of driver’s license and/or work

permitpermit

ALL THE STEPS

Step #1 - Step #1 - Classification as TruantClassification as Truant Step #2 - Step #2 - Second Classification as TruantSecond Classification as Truant Step #3 - Step #3 - Classification as a Habitual TruantClassification as a Habitual Truant Step #4 - Step #4 - Student Attendance Review BoardStudent Attendance Review Board Step #5 – Step #5 – Case is Referred to D.A.’s OfficeCase is Referred to D.A.’s Office

Why is Attendance Each Day and Being on Time For School so Important?

THE REAL REASONS

The better the child’s education, The better the child’s education, the brighter the child’s future.the brighter the child’s future.

Education Affects…

Self EsteemSelf Esteem Social InteractionsSocial Interactions Job Opportunities Job Opportunities Potential Earnings/Income Over LifetimePotential Earnings/Income Over Lifetime Making a Stronger AmericaMaking a Stronger America

Activities & Sports

Sports & Activities

Positive Friendships

Job Opportunities Limited

Employers Care About Education.Employers Care About Education.

The types of jobs you can apply for depend The types of jobs you can apply for depend on your education.on your education.

Future of the dropout

Dropouts are more likely to need and receive Dropouts are more likely to need and receive public assistance than high school graduates.public assistance than high school graduates.

Dropouts make up nearly half of the heads of Dropouts make up nearly half of the heads of households on welfare.households on welfare.

The likelihood of slipping into poverty is about 3 The likelihood of slipping into poverty is about 3 times higher for dropouts than for those who times higher for dropouts than for those who finish high school.finish high school.

Source: www.operationgraduation.comSource: www.operationgraduation.com

Education = Higher Income

EducationEducation LevelLevel MEDIAN INCOMEMEDIAN INCOME INCOME INCOME COMPARED TO HS COMPARED TO HS GRADUATEGRADUATE

Professional Degree Professional Degree HoldersHolders

$100,000$100,000 280%280%

College Graduates, College Graduates, M.A.M.A.

$74,476$74,476 208%208%

College Graduates, College Graduates, B.A.B.A.

$64,406$64,406 180%180%

High School High School GraduatesGraduates

$35,744$35,744 100%100%

99thth –12 –12thth grade grade

(no diploma)(no diploma)

$21,737$21,737 61%61%

Less than 9Less than 9thth Grade Grade $17,261$17,261 48%48%

Truancy Increases Your Chances of Being Incarcerated and Living in Poverty

CRIME & TRUANCYCRIME & TRUANCY 78% of prison inmates have truancy as their first arrest78% of prison inmates have truancy as their first arrest 57% of violent crimes committed by juveniles occur when the student 57% of violent crimes committed by juveniles occur when the student

should have been in schoolshould have been in school 82% of prisoners are high school drop-outs82% of prisoners are high school drop-outs 67% of truants test positive for drugs when they are detained67% of truants test positive for drugs when they are detained

Source: 1996 Juvenile Crime Statistics – Dept. of JusticeSource: 1996 Juvenile Crime Statistics – Dept. of Justice

What can parents do to reduce truancy? Make education a priority in your home.Make education a priority in your home. Make sure your child gets plenty of rest.Make sure your child gets plenty of rest. If your child resists going to school, see if you can If your child resists going to school, see if you can

work out a plan with the principal, go to school work out a plan with the principal, go to school with your child and sit in their class. with your child and sit in their class.

Seek tutoring or other help if your child is Seek tutoring or other help if your child is struggling in school.struggling in school.

Help your child get involved in school activities.Help your child get involved in school activities. Meet with your child’s teacher and/or school Meet with your child’s teacher and/or school

administrators.administrators.

What will the school do to reduce truancy? Each student will be monitored for school Each student will be monitored for school

attendance.attendance. The school will notify the parent of The school will notify the parent of

accumulated unexcused absences or tardies accumulated unexcused absences or tardies over 30 minutes.over 30 minutes.

After 4 unexcused absences or tardies over After 4 unexcused absences or tardies over 30 minutes, the school will attempt to meet 30 minutes, the school will attempt to meet with the parent and child in an effort to seek with the parent and child in an effort to seek ways to improve the child’s attendance.ways to improve the child’s attendance.

What Are We Trying to Accomplish By Increased Attendance?

GRADUATION!

What can we do before we leave today? Complete Presentation Evaluation.Complete Presentation Evaluation. Fill out the attendance compliance letter.Fill out the attendance compliance letter. This letter will be retained by the school.This letter will be retained by the school.

(Date)

RE: District Attorney Orientation Meeting

I certify that I attended the District Attorney Mediation meeting at ____________ School on (Date).

I acknowledge that I have been informed about the BCSD Attendance Enhancement Process and that I have been advised of the consequences of my child’s continued absences.

I agree to keep informed of my child’s attendance at school. I agree to work with my child and _________ School to prevent unexcused absences and tardies.

______________________________Signature of Parent

______________________________Signature of Other Parent

______________________________Print Student Name