This year, we are partnering with Attendance Works, a non-profit with a mission to improve attendance. Improving attendance requires participation from the entire community. Per the Attendance Works program, here is a summary of what families can expect:

District & School Site Attendance Support

BVUSD School and district leadership is initiating a “Call to Action” in an effort to improve attendance.  Our community will notice a commitment to the following: 

• Greater emphasis on attendance

• More recognition of  good and improved attendance

• Increased engagement with students and families

• Additional monitoring of attendance data and practice

• More personalized and early outreach

• Programmatic responses to barriers to attendance

• Individualized Attendance Plans

“Teachers know first hand that too many absences can disrupt learning, not just for the absent student but for the entire classroom.”  Teacher strategies will include: 

• Emphasizing attendance regularly

• Using parent teacher conference to talk about attendance

• Promoting a culture of attendance all year long

• More family outreach when attendance concerns arise

“Parents and families are essential partners in promoting good attendance because they have the bottom-line responsibility for making sure their children get to school every day. This Parent Handout (used with permission from Attendance Works) outlines family strategies including:

• Make getting students to school on time every day a top priority.

• Alert schools and community agencies to barriers that keep kids from attending class.

• Ask for and monitor absence data

It is easy to believe that missing a day, or even a portion of a school day, does not have much of an impact. Please reconsider this assumption, because absences impact the learning of their entire classroom, the achievement of their entire school, and the resources available across the entire district.

• Education Code, Section 48200 requires that all students between ages 6-18 attend school daily, unless otherwise exempt.

• Absenteeism and its ill effects start early. One in 10 kindergarten and first-grade students are chronically absent.

• Poor attendance can influence whether children read proficiently by the end of third grade or be held back.

• By 6th grade, chronic absence becomes a leading indicator that a student will drop out of high school.

• Research shows that missing 10% of school, or about 18 days in most school districts, negatively affects a student’s academic performance. That’s just two days a month, and that’s known as chronic absenteeism

• Students who are excessively absent are at greater risk of dropping out and becoming involved in delinquent behavior, early pregnancy, or substance abuse.

• When students improve their attendance rates, they improve their academic prospects and chances for graduating.

• Focusing on good attendance from the time a student enters kindergarten will help them be more successful in their adult life.

State law. There is some flexibility for a particular pupil's circumstances, but schools must follow state law.

Reasons for Excused Absences

EC Section 48205
(Amended by Statutes. 2022, Chapter 921, Section 1. [Senate Bill 955] Effective January 1, 2023.)

The state, not BVUSD.

Definition of a Truant

The California Legislature defined a truant in very precise language. In summary, it states that a student missing more than 30 minutes of instruction without an excuse three times during the school year must be classified as a truant and reported to the proper school authority. This classification and referral help emphasize the importance of school attendance and is intended to help minimize interference with instruction. Effective January 1, 2013, the law was amended to authorize school administrators to excuse school absences due to the pupil’s circumstances, even if the excuse is not one of the valid excuses listed in the California Education Code (EC) or the uniform standards established by the governing board of the district.

EC Section 48260
(Amended by Statutes 2012, Chapter 432, Section 1. [Assembly Bill 2616] Effective January 1, 2013.)

Definition of a Chronic Truant

EC Section 48263.6
(Added by Statutes 2010, Chapter 647, Section 1. [SB 1317] Effective January 1, 2011.)

Per Education Code, BVUSD is required to notify via the Notification Mandates. See below: 

First Notification Mandate

In addition to the reporting requirement, the law states that the school district must notify the parent or guardian of the truant by the most cost-effective method possible, and that the notification must include specific information related to the student's unexcused absences.

EC Section 48260.5
(Amended by Statutes 2022, Chapter 301, Section 10. [SB 1057] Effective January 1, 2023.)

Habitual Truant Mandate

The law further requires that after a student has been reported as a truant three or more times in one school year and after an appropriate school employee has made a conscientious effort to hold at least one meeting with the parent and the student, the student is deemed a habitual truant. The intent is to provide solutions for students who failed to respond to the normal avenues of school intervention, and the most cost-effective method possible should be used to notify the parent or guardian about the meeting at the school.

EC Section 48262
(Amended by Statutes 2010, Chapter 724, Section 22. [AB 1610] Effective October 19, 2010.)

Districts have some discretion, but the state and penal code mandate certain interventions and notifications. 

Interventions

When a student is a habitual truant, or is irregular in attendance at school, or is habitually insubordinate or disorderly during school, the student may be referred to a school attendance review board (SARB) or to the county probation department pursuant to EC Section 48263. The student may also be referred to a probation officer or district attorney mediation program pursuant to EC Section 48263.5. The intent of these laws is to provide intensive guidance to meet the special needs of students with school attendance problems or school behavior problems pursuant to EC Section 48320. These interventions are designed to divert students with serious attendance and behavioral problems from the juvenile justice system and to reduce the number of students who drop out of school.

Referral to School Attendance Review Board

EC Section 48263
(Amended by Statutes 2020, Chapter 323, Section 2. [AB 901] Effective January 1, 2021.)

Penalties (Student)

The law provides schools and school districts with discretion regarding student penalties for truancy as long as they are consistent with state law. The penalties for truancy for students defined in EC Section 48264.5 become progressively severe from the first time a truancy report is required through the fourth time a truancy report is required.

EC Section 48264.5
(Amended by Statutes 2022, Chapter 301, Section 11. [SB 1057] Effective January 1, 2023.)

California Education Code Penalties (Parent)

Penalties against parents apply when any parent, guardian, or other person having control or charge of any student fails to compel the student to attend school. The penalties against parents in EC Section 48293(a) become progressively severe with a second and third conviction.

EC Section 48293
(Amended by Statutes 2006, Chapter 273, Section 1. Effective September 14, 2006.)

California Penal Code Penalties (Parent)

In addition to the penalties for parents in EC Section 48293, California Penal Code Section 270.1 is effective January 1, 2011, and provides penalties for a parent or guardian of a pupil of six years of age or more who is in kindergarten or any of the grades from one to eight.

California Penal Code Section 270.1
(Added by Statutes 2010, Chapter 647, Section 2. [SB 1317] Effective January 1, 2011.)

Per the California Department of Education: 

"California compulsory education law requires everyone between the ages of six and eighteen years of age to attend school, except students who have graduated from high school or passed the California High School Proficiency Exam and obtained parental permission. Some students, however, violate compulsory education laws and have a pattern of unexcused absences. Although truancy and excessive absenteeism are not new problems, they cause costly, long-term problems for the students, school, and the community."

This is a student who is absent for more than 10% of the school year for any reason (excused or unexcused), including illness.  With a 180 day school year, a student is chronically absent if absent 18 days over the course of the school year.

Students missing more than 30 minutes of instruction without an excuse three times during the school year are classified by the California Legislature as truant.  Education Code 48260 (a) also states that a student who is absent from school without a valid excuse three full days in one school year or tardy or absent for more than a 30 minute period during the school day without a valid excuse on three occasions in one school year or any combination thereof, shall be classified as truant and shall be reported to the attendance supervisor/superintendent.

A student who has been reported as a truant three or more times within the same school year, provided the district has made a conscientious effort to hold at least one conference with the student and the student's parent/guardian after either of the two previous reports.

A student  who has been absent from school without a valid excuse for 10 percent or more of the school days in one school year. This equals 18 total days in a school year with 180 days. 

Per California Education Code  (Education Code 48205) and District Policy, Valid excuses are generally limited to the following

1. Personal illness or quarantine under the direction of a county or city health officer 

2. Medical, dental, or optometrical appointment

3. Attendance at funeral services for a member of the student's immediate family
   *Such absence shall be limited to one day if the service is conducted in California or three days if the service is conducted out of state. 

4. Observance of a religious holiday or ceremony

Typically, any of the  following methods may be used to verify student absences

• Parent verification via note, phone, or email, fax, or voicemail that includes the

  • Name of student & parent

  • Date(s) of absence

  • Reason for absence 

When a pattern of chronic absenteeism due to illness develops, additional verification may be required to confirm illness. This may include

• Physician’s verification

• Home visit by school staff

School attendance review boards (SARBs) are composed of school and community members who diagnose and attempt to resolve persistent student attendance or behavior problems.

Per the California Department of Education:

"In 1974, the Legislature enacted California Education Code (EC) Section 48320 to enhance the enforcement of compulsory education laws and to divert students with school attendance or behavior problems from the juvenile justice system until all available resources have been exhausted. EC Section 48321 provides several organizational structures for School Attendance Review Boards (SARBs) at the local and county level to create a safety net for students with persistent attendance or behavior problems. Although the goal of SARBs is to keep students in school and provide them with a meaningful educational experience, SARBs do have the power, when necessary, to refer students and their parents or guardians to court."

Read more here.

Per the California Department of Education:

"The following practices have been identified as strategies and activities that have a positive effect in encouraging students to regularly attend school."

1. Raise awareness of school personnel, parents, guardians, caregivers, community partners, and local businesses of the effects of chronic absence and truancy. This is especially important during Attendance Awareness Month each September.

2. Identify and respond to grade level and pupil subgroup patterns of chronic absence and truancy.

3. Identify and address factors contributing to chronic absenteeism and habitual truancy, including suspension and expulsion.

4. Ensure that pupils with attendance problems are identified as early as possible to provide appropriate support services and interventions.

5. After parents or guardians have been notified that their children are classified as truants and after a conscientious effort has been made to hold a conference with the parents and pupils, make sure the parents, guardians, or caregivers are notified that their children are now deemed habitual truants (EC Section 48262).

6. When the normal avenues of intervention for habitual truants, chronic absentees, or habitually disruptive pupils are exhausted at the school site, refer the case to a School Attendance Review Board (SARB) or a district attorney or probation officer mediation program (EC sections 48263 and 48263.5).

7. Inform parents, guardians, and caregivers of the school district’s method of verification of absences due to illness.

8. Initiate make-up classes on one day of a weekend for pupils who miss classes during the regular school year.

9. Display attendance graphs in prominent locations to show current attendance goals and comparisons between past and present school year attendance.

10. Address the problem of chronic absenteeism, even when the absences have been excused.

Like all California school Districts, BVUSD is mandated by Education Code Article 48260.5 to do the following: 

• ensure students are attending school every day

• monitor attendance and track truancy and absenteeism using state-defined thresholds

• use state-determined definitions for noting excused vs unexcused absences

• notify families of truancy and absenteeism - early & regularly

• escalate repeated notices of truancy and absenteeism - which can include prosecution

Initially, Chronic Absenteeism (excessive excused absences) is treated differently than Truancy (3 or more unexcused absences). Eventually however, both can lead to a SARB referral, and in serious cases misdemeanor prosecution and costly fines for parents. 

Addressing Truancy (3 or more unexcused absences)

Per Education Code and District policy, when a student has been identified as a truant as defined above, the following steps shall be implemented based on the number of truancies the student has committed:

Initial truancy -Three (3) instances of unexcused absences

Written Notification and/or Phone Call: The student's parent/guardian shall be notified that:

1. The student is truant.

2. The parent/guardian is obligated to compel the student to attend school and, if the parent/guardian fails to meet this obligation, the parent/guardian may be guilty of an infraction of the law and subject to prosecution pursuant to Education Code 48290-48296.

3. The parent/guardian has the right to meet with appropriate school personnel to discuss solutions to the student's truancy.

4. The student may be subject to arrest or held in temporary custody by a probation officer, a peace officer, a school administrator or designee, or attendance supervisor or designee pursuant to Education Code 48264 if found away from home and absent from school without a valid excuse.

5. The student and, as appropriate, the student's parent/guardian may be requested to attend a meeting with a school counselor or other school designee to discuss the root causes of the attendance issue and develop a joint plan to improve the student's attendance.  (Education Code 48264.5)
    

Second truancy 

1. Conference and/or SST: A staff member shall make a conscientious effort to hold at least one conference with the student and the student's parent/guardian by communicating with the parent/guardian at least once, which may include email, written notification, or a telephone call.  (Education Code 48262)

2. Written Warning from Peace Officer: The student may be given a written warning by a peace officer. A record of that warning may be kept at the school for not less than two years or until the student graduates or transfers from the school. If the student transfers, the record may be forwarded to the new school.  (Education Code 48264.5)

3. Notification of District Attorney: The Principal may notify the district attorney when the student continues to be classified as a truant after the parents/guardians have been notified.  (Education Code 48260.6)
    

Third truancy  (habitual truancy)

1. SARB Referral: A student who is habitually truant or a chronically absent may be required to attend, a SARB program, a truancy mediation program established by the district attorney or the probation officer (Education Code 48263, 48264.5)
    

SARB will receive: the student's parent/guardian and information and documentation of the interventions undertaken at the school. 

The student’s parent/guardian will receive written notification with the name and address of the SARB department and the reason for the referral. This notice shall indicate that the student and the student's parent/guardian shall be required to meet with the SARB officer to consider a proper disposition of the referral.  

If the student does not successfully complete the truancy mediation program the student shall be subject to items listed under “Fourth truancy” below.  (Education Code 48264.5)
 

2. If the Superintendent or designee determines that available community services cannot resolve the problem of the truant or insubordinate student or if the student and/or the student's parents/guardians have failed to respond to the directives of the district or to services provided, the Superintendent or designee may so notify the district attorney and/or the probation officer.  (Education Code 48263)
    

Fourth truancy (or failure to complete SARB truancy mediation program)

1. Juvenile Court Referral: Notification occurs within 10 days of each subsequent truancy in the same or succeeding school year.  (Education Code 48267)
    

Chronic Truancy (unexcused absences exceeding 10% of school days)

1. Staff will ensure access to attendance support services 

2. If a chronically truant student is at least age six years and is in any of grades K-6, the Superintendent or designee shall notify the student's parents/guardians that failure to reasonably supervise and encourage the student's school attendance may result in the parent/guardian being found guilty of a misdemeanor pursuant to Penal Code 270.1.

Addressing Chronic Absenteeism (excessive excused absences)

Per Education Code and District Policy: 

TRACKING & DOCUMENTATION

School sites track absences and truancies. When it becomes necessary to issue formal notifications to families, or initiate any of the other support interventions, these details will be noted in student information systems (e.g., Aeries), student files (e.g., student cumulative record), and shared with the child's teacher, school principal, and other support staff as necessary. 

NOTIFICATION

School staff will communicate with the student and the student's parents/guardians to determine the reason(s) for the excessive absences, ensure the student and parents/guardians are aware of the adverse consequences of poor attendance

ABSENCE VERIFICATION

As part of the plan, it may become necessary for parents to verify any additional absences with a doctor's note, a home visit, or another appropriate means. 

SAST & SASP

The student may be referred to a Student Attendance Success Team (SAST) to assist in evaluating the student's needs and identifying strategies and programs and resources to assist the student. As part of the meeting, the SAST may create a Student Attendance Success Plan (SASP). 

SARB REFERRAL

When necessary, the student may be referred to a School Attendance Review Board (SARB) program, a truancy mediation program established by the district attorney or the probation officer in accordance with Education Code 48263.

• Truancy & Absenteeism Definitions

• School Attendance Review Board

• Child Welfare & Attendance

• School Attendance Improvement Strategies

• Board Policy 5113 Absences And Excuses

• Regulation 5113  Absences And Excuses

• Board Policy 5113.1 Chronic Absence And Truancy

• Regulation  5113 Chronic Absence And Truancy