Student Support Services Department Annual SARB, Chronic ...€¦ · School notifies SARB chair by...
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San Diego County Office of Education Randolph E. Ward, Ed.D County Superintendent of Schools Student Services and Programs Division Student Support Services Department Annual SARB, Chronic Absenteeism and Dropout Prevention Summit 2012 – 2013 Robert Mueller, Director Student Attendance, Safety & WellBeing San Diego County Office of Education Phone: (858) 2923786 Fax: (858) 5718531 [email protected] 10/12
Transcript of Student Support Services Department Annual SARB, Chronic ...€¦ · School notifies SARB chair by...
San Diego County Office of Education
Randolph E. Ward, Ed.D County Superintendent of Schools
Student Services and Programs Division Student Support Services Department
Annual SARB, Chronic Absenteeism and Dropout
Prevention Summit
2012 – 2013
Robert Mueller, Director Student Attendance, Safety & Well-‐Being San Diego County Office of Education
Phone: (858) 292-‐3786 Fax: (858) 571-‐8531 [email protected]
10/12
TABLE OF CONTENTS Introduction...............................................................................................................1 Guide to the SARB Referral Process .........................................................................2 SARB Panel Members ................................................................................................3 School Attendance Review Board Team (SART) .......................................................4 School Attendance Review Board (SARB) .................................................................5 Suggested Standard SARB Phrases for Contracts .....................................................6 Intervention Checklist ................................................................................................7 Confidential SARB Referral Form.............................................................................8 Supplemental Report of Supervisors..........................................................................9 Supplemental Report for SARB..................................................................................10 Subpoena Guidelines and DMV Cancellations.........................................................11 Subpoena....................................................................................................................12-13 State SARB Input on Truancy Notification ................................................................14 First Notification of Truancy or Excessive Absences ................................................15 Second Notification of Truancy or Excessive Absences ............................................16 Third Notification of Continued Truancy ..................................................................17 Notification of SARB Hearing....................................................................................18 Beginning-of-School Letter from Principal ...............................................................19 Second Semester Letter ..............................................................................................20 SARB Congratulations Letter ....................................................................................21 Model SARB Format ..................................................................................................22-23 SARB and Special Education Guidelines...................................................................24 Love Your Children…Keep Them In School..............................................................25 About to Turn 6 Letter………………………………………………………………………26 End of Kindergarten Letter........................................................................................27 Law Enforcement Citation Process ...........................................................................28 Truancy / SARB Related Code Section ......................................................................29 District Attorney Referral Process Truancy Case Filing Guidelines ................................................................................30-31 Truancy Case Referral...............................................................................................32-34 Ten Most Commonly Asked Questions Regarding Truancy ......................................35-37 Affidavit for Filing Court Petition .............................................................................38
INTRODUCTION
PURPOSE & HISTORY OF THE SCHOOL ATTENDANCE REVIEW BOARD (SARB) In 1974 the California Legislature established in the Education Code a system of interventions for students with persistent attendance and behavior problems at school. Students who present significant behavior or truancy problems fall under the court’s jurisdiction (WIC 601 & 602 and EC 48264.5). One of the most important purposes of the SARB process is to divert students with attendance and behavior problems away from the juvenile justice system (EC 48320). A large majority of SARB cases involve a pattern of irregular attendance stemming from a lack of parent support for adopted policies. Because this cycle often begins in the primary grades, early intervention with resources and support is vital. To this end, SARB is committed to using every means possible to ensure students success. This manual is designed to provide standard guidelines and procedures, for the forty-‐two school districts within San Diego County using the SARB process. SARB is a legal process supported by the Education Codes of California. The formula includes: Prevention, Intervention, Resource and Support, with referral to referral to Truancy Diversion Court involvement in cases requiring more intensive measures. Because SARB is an intervention process, it is important to remember its primary goal is to bring about a positive and attendance pattern, and provide supportive services to enhance student success. CHRONIC ABSENTEEISM AND SOFT TRUANCY Schools must be aware of all absences, not just those labeled as truancy. “Soft Truancies” (arriving to school more than 30 minutes late, period absences, frequent excused absences and family trips) often grow into a pattern of increasingly negative attendance. Focusing on chronic absenteeism, missing 10% or more of the school days in one year from the date of enrollment to the current date, is critical. Addressing chronic absenteeism is now supported by two new Education Codes which define Chronic Absenteeism (EC 60901(c)(1)) and Chronic Truancy (EC 48263.6). DROPOUT PREVENTION The SARB process is a key component in Dropout Prevention. Dropping out of school creates a series of negative personal and academic impacts for students, increasing the likelihood that they, and any children they bring into the world, will live in poverty. Research has proven that poor attendance is one of the first indicators of other serious problems. Early identification and intervention using a multi-‐disciplinary approach that draws on a wide variety of resources, and is supported by an accurate, reliable, and a consistent means of tracking attendance, is essential to the success of the SARB process and the students it supports.
General Guide to the SARB Referral Process
SCHOOL ATTENDANCE REVIEW BOARD
For additional information, contact Bob Mueller, Director, Student Attendance, Safety & Well-Being (858) 292-3786.
School sends letter #1 for truancy (three days or more) or
insubordination *
School sends letter #2 after next truancy or insubordination *
School sends letter #3 after any additional truancy or insubordination *
School notifies SARB chair by completing SARB referral form (Form
#1)
SARB chair schedules student for SARB and sends registered mail
notification to parents
SARB Hearing is held
Place on contract; if violated, refer to court or DA
mediation
Refer to other Agency:
Counseling, Probation, CPS
Refer to home school on contract
Refer to district alternative
education program
Refer to Juvenile Court /
Community School Programs
If student has an IEP, the referring school must hold an IEP. Alt Ed staff should be
invited
Separate letter NOT Letter #3
* Interventions to be done between sending Truancy Letters
* Site SART contract advised prior to referring to district SARB
SARB PANEL
SITE LEVEL
- School Attendance Review Team (SART)
- Mini SARB, Pre SARB, etc
- Less Formal Tone & Format.
- Can be dual purpose (SART & SST, IEP or other.)
DISTRICT LEVEL
- SARB Hearing - Formal Proceedings and Tone
Multi-‐Disciplinary Team Suggested Representatives
SART—SITE LEVEL
- Chair - Administrator - Counselor - Nurse - Resource Personnel - Law Enforcement/SRO - County Probation - Support Staff - Teacher - Other
SARB—DISTRICT LEVEL
- Chair - School District Representative - Child Welfare & Attendance - Student Services - Administrators - Counselors - County Probation - Teacher - Nurse - School Psychologist - Community Resource Individual - Law Enforcement - Parent - CPS - Social Services - CalWORKS - Alternative education - Special education - Support Staff - County Office - Community Based Youth
Services - Mental Health Provider - Other
SCHOOL SITE INTERVENTION
School Attendance Review Team (SART) The goal of the School Attendance Review Team (SART) is to support compulsory education laws. Education Code Sections 48200, 48260-‐48263 identify the parent’s responsibility to send their children to school, and define “habitual truancy.” The SART serves as a site intervention before the student and family are required to attend a formal hearing with the School Attendance Review Board (SARB). Student’s Name:__________________________ Site:________________ Grade:____________ Date of Birth: _____________________Parent’s Name: ________________________________ Address: ___________________________ Phone Number: _____________________________ I agree to follow the recommendations of the School Attendance Review Team as outlined:
• Attend school regularly and on time • Follow school rules • Complete my classroom assignments • Complete my homework • Other: _________________________________________________________________
_______________________________________________________________________ _______________________________________________________________________
Student’s Signature _______________________________ Date _________________________ I/We agree to follow the recommendations of the School Attendance Review Team as outlined:
• Work with school officials to improve my son/daughter’s attendance. • Support my child’s compliance with SART recommendations. • Notify ________________________ when my child violates this agreement. • Obtain medical notes, or bring my child to school for evaluation, each time my child is absent from
school for more than one day. • Attend classes (shadow) with my son/daughter after the next incidence of truancy/misbehavior. • Bring my son/daughter to school (or watch them get on the school bus) daily and on time. • Talk with my son/daughter in positive terms about school.
We understand that further violations may result in a formal hearing before the School Attendance Review Board. Parent’s Signature __________________________________ Date _________________ Site SART Representative____________________________________________ Site contact Information____________________________________________
SCHOOL ATTENDANCE REVIEW BOARD (SARB) SUMMARY OF PARENT(S)/PUPIL CONFERENCE AND AGREEMENT
School Attendance Review Board having evaluated a referral by ___________________ Name of School regarding __________________________, and having met in conference with the parent(s)/guardian(s) and student believes that the student would benefit from the following contract as a means of intervention before being referred to Truancy Diversion Court.
Therefore, the following contract is agreed upon:
• Parent(s) will send student to school daily • Student will attend school regularly and on time • Student will obey school rules and regulations • Parent(s) will not excuse absences—will provide doctor’s note per district policy or bring Student to
school for staff to evaluate for each day of illness/injury • Other ____________________________________________________________
_________________________________________________________________ _________________________________________________________________
_________________________________________________________________ _________________________________________________________________
Secondary Students Contract in effect until 18 years of age or graduation from high school.
I/We were notified of today’s hearing in writing and understand the purpose of the hearing. I have received a copy of this agreement and understand the terms and agree to comply with all conditions. Signed:_____________________________________________ Date________________ Father/legal Guardian Signed:_____________________________________________ Date ________________ Mother/Legal Guardian Signed:_____________________________________________ Date ________________ Student Witness:____________________________________________ Date ________________ SARB Chairperson Witness:____________________________________________ Date ________________ Other Form 467—ESD White—School San Diego County CANARY—Recommended Resource Office of Education 9/08/ Carbonless PINK—SARB GOLDENROD—Parent/Student
SUGGESTED Standard SARB Phrases for Contracts
Illness/Health Issues
1. Parent will communicate with (School District) Health Services regarding health concerns. 2. Parent will seek medical advice for health related issues. 3. Parent will allow a release of information to (School District) Health Services after assessment by a
physician. (Use district’s Authorization for Exchange of Information.) 4. Any medical note shall be from a licensed California doctor.
Academic Issues
5. A weekly progress report is required to ascertain progress. 6. Parents will contact school counselor regarding schedule modification. 7. Parent will work with school district Special Education Department regarding appropriate placement.
Counseling
8. Board encourages parent’s pursuit of family and individual counseling. 9. Board recommends student (and parent) attend Anger Management/on Track/Tough Love classes. 10. Board recommends daily student check-‐in with a counselor or designated staff member.
Drug Testing
11. Board supports parent’s pursuit of assessment and treatment of drug use. 12. Board supports parent’s pursuit of random and regular drug testing for (student’s name). 13. Parents will agree to have students randomly drug tested.
Privileges
14. School District will revoke work permit if student fails to attend school. 15. Board supports the revocation of an Inter/Intra District Transfer Permit if the student fails to attend
school. Length of Contract
High School – This contract is in effect until the student’s 18th birthday or until the student graduates from high school.
INTERVENTION CHECKLIST Cover Sheet
Student’s Name:______________________________ School:______________________
Birthdate:____________________ Age:_______________Grade:___________________
Parent/Guardian’s Name:___________________________ Phone:__________________
Street Address:____________________________________City/ST/Zip______________
Home Language: English □ Spanish □ Other:_________________________________
1. Truancy date:
2. School Actions: __________Student conference __________Probation
__________Parent conference __________Detention
__________Counselor conference __________Special program
__________School psychology __________Referral to outside agency
__________Nurse __________Student Study Team
__________Pre SARB/SART Contract __________Other:________________
3. Results of above actions:
4. Intervention Letter sent: Date_________________________
5. Truancy Letter First: Date_________________________ (Actual Letters)
Second: Date_________________________ Third: Date_________________________
SARB District appearance date: _______________________
Presenting case:____________________________________
School Site:______________________________________ Note: Form Optional
Confidential SARB Referral Form
□ Attendance Problem □ Behavioral Problem
Pupil’s Name: Grade: Age: Birthdate: School: Birthplace: Pupil’s Address: Home Phone: Father’s Name Daytime Phone: Address: Mother’s name: Daytime Phone: Address: Languages spoken at home: Translator required? Source of Income:
_____Employment _____Retired _____CalWorks ______Other
Siblings’ names: Age: School: Attendance Patterns:
Pupil’s attendance pattern: _____ Total days of possible attendance current year _____ Total days in attendance current year _____ Total days of excused absence _____ Total days of truancy _____ Total period absences _____ Total days suspended _____ Total days of attendance, previous year _____ Total days of possible attendance, previous year
Factors affecting attendance: _____ Family Problems _____ Lack of parental involvement _____ Economic stress _____ Student attitude _____ Health _____ Drugs/alcohol _____ Work _____ Friends _____ Teen parent _____ Low academic performance _____ Unknown
Academic history: Retained _____ yes _____ no GPA _____________________ Number of D’s/F’s most recent grade report _________
Program Services: _____ GATE _____Sp Ed ED _____ ELL _____Sp Ed RSP _____ Sp Ed SH _____Sp Ed SDC _____ ELD _____ 504 Plan
Medical information, medications, and dosages: Probation Officer? □ No □ yes Probation Officer Name: Phone:
Summary statement of possible courses of attendance or behavior problem Site administrator’s signature:______________________________ Date: ______________
SUPPLEMENTAL REPORT OF SUPERVISOR OF ATTENDANCE
(Attach additional pages for A, B, C or D as needed)
A. Home condition and other contributing factors: (Summarize information regarding factors that contribute to Pupil’s problems)
B. Contracts: (Give particulars of contact, who was seen, dates of contacts and results. Also, absences other than those shown on front of the referral) Dates Contacts Remedial Measures Taken
C. Summary of efforts by school to correct problem: (School, schedule or class changes; tutoring, psychiatric services, etc.) Dates Action Taken Results
D. Referral to other resources: Dates Agency Comments and Remedial Measures taken
OPTIONAL
San Diego County Office of Education
SUPPLEMENTAL REPORT FOR SARB (Attach additional pages as necessary)
Siblings: Reason for referral: Present school status and school achievement record: Significant test data: Significant health factors: Significant data about child or family: Attitude of child toward problem: Attitude of Parent toward problem:
San Diego County Office of Education 8/2011 OPTIONAL
STATE SARB INPUT ON TRUANCY NOTIFICATION
An important element in first truancy notifications is timelines. The eight required elements in the first truancy notification are specified in Education Code Section 48260.5.
(a) That the pupil is a truant (b) That the parent or guardian is obligated to compel the attendance of the pupil
at school (c) The parents or guardians who fail to meet this obligation may be guilty of an
infraction and subject to prosecution pursuant to Article 6 (commencing with Section 48290) of Chapter 2 of part 27.
(d) That alternative educational programs are available in the district (e) That the parent or guardian has the right to meet with appropriate school
personnel to discuss solutions to the pupil’s truancy (f) That the pupil may be subject to prosecution under Section 48264 (g) That the pupil may be subject to suspension, restriction, or delay of the pupil’s
driving privilege pursuant to Section 13202.7 of the Vehicle Code (h) That it is recommended that the parent or guardian accompany the pupil to
school and attend classes with the pupil for one day IMPORTANT NOTE: If the content of the first truancy notification is drawn solely from the mandated language in Section 48260.5, the letter may negatively impact the school’s ability to build positive working relationships with parents. While we are required to use this language to inform parents about the problem, care should be taken to let parents know they are welcome partners in the education of their children. One alternative would be to create a letter that builds a bridge between school and family with an attachment that includes the mandated elements in Section 48260.5. State SARB’s sample letters quotes Section 48260.5 but ends with the following sentences in italics. “Our goal is to educate your child. We cannot be successful if your child is not in school.” The intent is to put the focus on the child’s education and seek out the involvement of the parent in a collaborative partnership.
First Notification of Truancy or Excessive Absences (Required letter to parent or guardian) (Issue on school district letterhead)
Date:___________________
Dear Parent/Guardian, This letter is to inform you that your child, _________________________, in the ____ grade is considered a truant. Unjustified Absences Education Code Section 48260—Any pupil subject to full-‐time education who is absent from school without valid excuse more than three days or tardy in excess of 30 minutes on each of more than three days in one school year is a truant and shall be reported to the attendance supervisor of the superintendent of the school district. Education Code Section 48260.5 (A) Upon a pupil’s initial classification as a truant, the school district shall notify the pupil’s
parent/guardian, by first-‐class mail or other reasonable means, of the following: (1) That the pupil is truant (2) That the parent/guardian is obligated to compel the attendance of the pupil at school (3) That parents/guardians who fail to meet this obligation may be guilty of an infraction and
subject to prosecution to Article 6 (commencing with Section 48290) of Chapter 2 of Part 27
(B) The district also shall inform parent/guardians of the following: (1) Alternative educational programs available in the district (2) The right to meet with appropriate school personnel to discuss solutions to the pupil’s truancy
(Added Statutes, 1983, Chapter 498) (3) The student may be subject to arrest under Education Code Section 48264 (4) The student may be subject to suspension, restriction, or delay of his/her driving privilege
pursuant to Vehicle Code Section 13202.7 (5) That it is recommended that the parent or guardian accompany the pupil to school and attend
classes with the pupil for one day. (Added Statues, 1983, Chapter 498) Excessive Excused Absences Truant, unverified, unexcused, excessive excused absences and tardies affect the student’s education and increase the chances for failure. Tardies interrupt the classroom and interfere with the learning environment for all students. AB 1317—This law applies to students K-‐8 who have accumulated 10% unexcused absences at any time
during their school year. Their parents can be charged with a misdemeanor and subsequent fines. Please discuss this issue with your child. Failure to improve his/her attendance will result in a conference with a designee at your child’s school. Our goal is to educate your child. We cannot be successful if your child is not in school. ____________________________________ _____________________ Administrator’s Signature Date
Second Notification of Truancy or Excessive Absences
(Issue on school district letterhead) Parent’s Name:_________________________________________ Date:_____________
Student’s Name:________________________________________ Date:_____________
Address:______________________________________________ School ID#_________ ________________________________________________________________________
Dear Parent/Guardian:
This SECOND LETTER is to inform you that your child continues to have an attendance problem.
Number of excused absences _________________________ Number of unexcused absences _______________________ Number of tardies (31+ minutes) ______________________ TOTAL __________________________________________
1. The School Attendance Review Team (SART) has received a referral on behalf of your child regarding excessive excused absences, tardies, or unexcused absences.
2. An appointment has been made for you and your child to meet with SART to consider a proper plan for correcting this problem.
3. Both parents are requested to attend. Please bring your child.
YOUR SCHEDULE APPOINTMENT IS AS FOLLOWS: DATE ________________________________ TIME ________________________________ LOCATION __________________________
Failure to appear will result in a referral for further action.
For unexcused absence or tardiness: Education Code Section 48261-‐Subsequent Report Truancy. Any pupil who has been reported as a truant and who is again absent from school without a valid excuse one or more days or tardy on one or more days, shall again be reported as a truant to the attendance supervisor or the superintendent of the district.
We appreciate your cooperation in being prompt for your appointment.
Principal or Designee: _______________________________________
Attachment: Copy of Attendance Records cc: Cumulative folder/student’s teacher(s)
Third Notification of Continued Truancy (Issue on school district letterhead)
(Note: Many districts omit this letter and go directly to the declaration of habitual truancy)
Date:_______________________________ Dear _______________________________, Your Child was last reported as a truant on ______________________. This THIRD LETTER is being handed to you personally to inform you that your child _______________________, continues to have a school attendance problem. Additional Dates of Truancies (at lease one additional day): Unexcused ____________ Number of excused absences___________ Number of unexcused absences____________
Tardies ______________ Number of tardies (31+minutes)_________
Education Code Section 48261-‐Subsequent Report of Truancy: Any pupil who has been reported as a truant and who is again absent from school without a valid excuse one or more days, or tardy one or more days, shall again be reported as a truant to the attendance supervisor or the superintendent of the district. CalWORKS benefits may be sanctioned if your child continues to have attendance problems. I, ________________, have discussed this letter and the attached Attendance Contract Agreement and handed copies to each parent or guardian on this day of ___________________. Further, I have informed the parent/guardian of their right to meet with appropriate school personnel and of alternative Education Programs available in the district. _____________________________ ________________________ _________________ Signature Law Enforcement Agency Date Attachments: Release of Information Form cc: Cumulative files Student’s teacher(s) Principal
Notification of SARB Hearing (Note: Many districts use this notification to declare a student habitually
truant and/or schedule a SARB hearing or other intervention) Date __________________________ Re:___________________________________________ (Student’s Name) Dear Parent/Guardian: Your child was last reported as a truant on __________________. This fourth letter informs you that your child is now considered a habitual truant. Additional date(s) of truancies (at least one additional) Unexcused____________________ Tardies (31+minutes)_______________ History of attendance Attendance records as of _______________ is as follows: Days of enrollment ____ Days present ____ Unexcused Absences ____ Tardies____ Education Code Section 48262 – Habitual Truant: Any pupil deemed a habitual truant and has been reported as a truant three or more times per school year, provided that no pupil shall be deemed a habitual truant unless an appropriate district officer or employee has made a conscientious effort to hold at least one conference with a parent or guardian of the pupil and the pupil himself after filing of either of the reports required of Education Code Section 48260 or 48261.
The School has attempted to work with you to solve your child’s attendance problems. These attempts have been unsuccessful. It will now be mandatory for you and your child to attend a School Attendance Review Board (SARB) hearing. Your schedule appointment is as follows: Date: Time: Location
Your are required to attend this conference (Education Code Section 48321.5). Failure to attend or reschedule will result in a referral to the District Attorney’s Office. If you need to reschedule this meeting please call the SARB Office at __________________________________.
Cal WORKs or probation referrals may result in Juvenile Court action. CalWORKs benefits may be sanctioned if your child if your child continues to have attendance problems. A parent who fails to meet his/her obligation may be guilty of an infraction and subject to prosecution (Education Code Section 48290). Complaints filed with the District Attorney may go to court and result in fines and court-‐ordered parent education/counseling programs. Signature of SARB Chairperson _____________________________ Phone Meeting confirmed with parent on _________________________ Face-‐to-‐face (Date) By __________________________________________________ Other ___________ Signature (Case Manager) Cc: Cumulative file Student’s teacher(s) Principal Originator District file
Beginning-‐of-‐School Letter from Principal (Issue on school letterhead) Date_____________________________ (Name of parents and address) Dear Parent: The school year is now underway, and I want to welcome you as our partner in your child’s education. I know you want your child to have the best education possible. I am committed to making this desire a reality for our students. This year I am asking all parents to help us ensure the regular, on time attendance of their children at school. Absences and tardies place a child at a disadvantage. We all naturally feel anxiety when we are late or fall behind. Being in class on time and ready to learn sets kids up for success! Being on time and ready feels good and produces a confidence that promotes learning. Making sure your child attends school everyday, and that they arrive on time, is something every parent can and should do to help provide their child with the best education possible. California law defines the acceptable reasons for a child’s absence from school. In general terms, the law provides for excused absences when your child is ill or has a medical appointment. It also authorizes short-‐term absences for a number of special circumstances such as attending the funeral of an immediate family member or to observe a religious holiday. Family trips do not qualify as legally excused absences. Our Attendance Clerk can provide you with the specifics on excused absences as they are outlined in Education Code, section 48205. As I mentioned earlier, being present, on-‐time and ready to learn, is a prerequisite to success in school. Because of this I have instructed my staff to monitor our students’ attendance very carefully. • Education Code section 48260 defines a student as truant when they have been absent from school
without a valid excuse, for 30 minutes or more on three days in the same year. • Education Code section 48262 defines a student as habitually truant, and authorizes legal action, when
the student accrues three truancies in one year. • (district name) Board of Education Policy ( ) requires verification, either by doctor’s note or by evaluation
in our health office, whenever your child misses more than 3 days due to illness. The same policy requires verification for each absence after the 10th day of absence in one school year.
To assist with your family’s scheduling I have enclosed a copy of the school calendar for this year. The calendar lists all school holiday’s and minimum school days. I respectfully request you schedule non-‐emergency medical appointments to occur when school is not in session. As we go forward during this school year, I want you to know how grateful we at ____ school are to have been entrusted with the care and education of your child. Partnering with you in the education of your child is an honor and a commitment we take very seriously. If you have any questions, please feel free to call us at_________________________. Sincerely, _________________, Principal
SAMPLE SECOND SEMESTER LETTER (USE SCHOOL LETTERHEAD)
Date: Dear________________________, Having turned the page on our first semester, I want to take this opportunity to thank you for your assistance in helping bring this school year to a positive midpoint. I would also like to ask for your continued support as we focus on the area of school attendance. California law defines the acceptable reasons for a child’s absence from school. In general terms, the law provides for excused absences when your child is ill or has a medical appointment. It also authorizes short-‐term absences for a number of special circumstances such as attending the funeral of an immediate family member or to observe a religious holiday. Family trips do not qualify as legally excused absences. Our Attendance Clerk can provide you with more specifics on excused absences as they are outlined in Education Code, section 48205. Being present, on time and ready to learn, is a prerequisite to success in school. • Education Code section 48260 defines a student as truant when they have been absent
without a valid excuse for 30 minutes or more, on three days in the same year. • Education Code section 48262 defines a student as habitually truant, and authorizes
legal action, once the student accrues three truancies in one year. • (District Name) Board of Education Policy (#) requires verification, either by doctor’s
note or by evaluation in our health office, whenever your child misses more than 3 days due to illness. The same policy requires verification for each absence after the 10th day of absence in one school year.
Because parent involvement is essential to student success, your support in this matter is vital. Education research (and common sense) shows a clear link between school attendance and success in school. Please make certain your child is present, on time, and ready to learn everyday. If there is anything I, or my staff can do to assist you with this goal, please feel free to contact us. We share a common goal. We both want your child to have the best education possible! Sincerely,
Sample Documents
SARB Congratulations Letter Date_________________________ Dear (Parent[s]/guardian[s])_________________________, Thank you for your continued support and follow-‐though with the directives that you and your child(ren), __________________________________________, signed in front of the School Attendance Review Board. ________________________________ is following each directive, and your cooperation in working with your child(ren) and the school has sent a strong signal that school is important. Please remember the attendance directives will remain in effect through _____________________’s graduation. We are pleased with _________________ progress and hope both you and __________________________ have benefited from these directives. You are welcome to contact our office at any time that you feel you need help or support at _________________________. Sincerely, Chairperson School Attendance Review Board cc: Principal
(To be read by Chairperson of SARB Hearing Panel)
1. Welcome/Overview Good morning/afternoon. I am ____________________________, ___________________ (name) (title) This is ______________ School Attendance Review Board. I am presiding over and (district) moderating this morning’s/afternoon’s hearing. Today is ______________________. (date) I would like to begin by having the panel and the family and students introduce themselves:
Introduction of panel and family *Logistics Review Prior to hearing the presentation of the case from the site administrator, I would like the family to review the listed address and phone numbers to make sure that what is listed is accurate. This is a formal hearing held under Education Code 48263 and Education Code 48200, which calls for school attendance for anyone between the ages of 6 to 18. It is also an extension of the Juvenile Court Process that allows districts to conduct hearing at district offices or other designated sites. There are two parts of this hearing. The legal portion, as previously described, and the intervention piece in which recommendations are made and put in place so your son/daughter can be assisted in order to reach their potential and be successful.
2. Format • We will first hear a presentation and overview of the case from the site level
administrator. • The panel can next ask questions of the student and family. • We will then excuse the family for a short period so the panel can deliberate in closed
session and review the case in order to provide recommendations (OPTION). • We will then call the family back in to review our outcomes. 3. The Panel May • Place the student on a formal SARB contract—if violated, recommend court
intervention. • Choose to monitor or dismiss the case. • Immediately place on formal contract and contact District Attorney’s Office for pre-‐
filling conference. (Requires special exception from SDCOE Director – Student Attendance, Safety & Well Being.)
4. Presentation of case
MODEL FORMAT FOR: STUDENT ATTENDANCE REVIEW BOARD HEARINGS
5. Dismiss family to meet in closed session (OPTION) 6. Call family back in and present recommendations. (If contract is offered, have
family sign and distribute copies.) (Explain ALL consequences)
7. Ask if there are any further questions from family/student. 8. Summary/thanks and appreciation for attending. 9. This concludes our SARB hearing. We are now adjourned.
SARB AND SPECIAL EDUCATION
2012-‐2013 GUIDELINES
Truancy and Special Education
• Chronic absenteeism impacts learning to such a great degree that it is often hard to determine if a student’s learning gaps are due to irregular attendance or the impact of their disability.
• To create and stabilize a positive pattern of attendance, investigate possible causes and reinforces for the problem, make interventions and use positives to reinforce small attendance gains. If less formal attempts are unsuccessful, create a BSP to address attendance.
Intervention With Students Served by an IEP
• Remember, SARB is a process, not just meeting. • Be aware of early identification of truancy symptoms: tardies, period truancies, failing
grades, behavior problems, “illness” and low self-‐esteem is a key. • Monitor the attendance numbers. • Work with counselors and special education case managers. • Make and keep a record of attendance related interventions such as phone contacts,
parent conferences, referral to other professionals, creation of a BSP with attendance focus.
Compulsory Attendance Laws and Special Education Students
• Compulsory School Attendance (EC 48200) applies to everyone from 6-‐18 year olds. • As long as services are being provided, most disabilities should not prevent regular
attendance. • Typically, most SARB Referrals are generated from students receiving services come
from students with Mild/Moderate Disabilities.
Connecting the IEP Team with SARB Referrals • Be sure all regular education resources have been exhausted. • You can combine some of the steps of the SARB and IEP processes. Possible
combinations include attendance truancy letters, parent contacts, communication with school administration, and informing parents of consequences.
• Check for appropriate student placement. • Use District’s regular referral process/SART, Mini SARB, etc, the District SARB
SARB Packets with IEP documentation
• Include a copy of the IEP (which should include a BSP focused on attendance) intervention steps, attendance and behavior records.
• Include actual Truancy Notification Letters/Pre SARB and SARB contracts • Include legends for determination of codes related to attendance, test scores, etc. • For Reminders see the SARB Checklists.
LOVE YOUR KINDERGARTNER… KEEP THEM IN SCHOOL Kindergarten serves as the foundation for a child’s entire educational experience. Despite this fact, Kindergarten children are absent from school more often than children at any other grade level. Many of us remember kindergarten for the many positive experiences we had there. Kindergarten was fun! Perhaps because of that, too few of us understand the importance of the learning that takes place in kindergarten. Every activity that happens in kindergarten happens for a sound educational reason. Some activities are obviously linked to reading, writing and arithmetic. Others build motor skills, hand/eye coordination and cognitive development. Ask a kindergarten teacher about the objectives students need to master before they enter the first grade and you’ll be convinced, Kindergarten is a place of powerful learning. Several years back Robert Fulghum’s, All I Really Need to Know I Learned in Kindergarten was on the best seller list. The book contains many wry observations related to our early life lessons. Simple wisdom like, “Share everything; Play fair; Don't hit people; CLEAN UP YOUR OWN MESS; Don't take things that aren't yours,” and “flush” have application throughout our lives. The key is to teach our kids the right lessons. Making sure your child shows up for school, on time and ready to learn everyday, develops in them a strong work ethic that will benefit them, and the children they will raise, for the rest of their lives. This lesson begins in Kindergarten! Things to Keep in Mind • How Sick Is Too Sick? Kindergarteners seem to catch every cold that comes their way.
Knowing when to send your child to school and when they’re too sick to attend can be tough. Generally speaking, children should be in school unless they’ve run a fever over 100 or have vomited due to illness, in the previous 24 hours. If you’re uncertain about whether or not to keep your child home from school, please contact your doctor or your school’s health office for advice.
• Problem At School? If your child is experiencing any kind of difficulty at school, please let your child’s teacher or a school administrator know right away. They will want to work with you as soon as possible to find the cause and create solutions.
Bob Mueller, Director Student Attendance, Safety & Well-‐Being San Diego County Office of Education (858) 292-‐3786 or (858) 292-‐3795
SAMPLE
ABOUT TO TURN 6 LETTER
(Issue on School Letterhead) Date: Parents Name Address RE: Dear Parent/Guardian I am concerned because I see your Kindergarten student has missed a great deal of school so far this year. California law makes kindergarten available to children at about age 5 to give youngsters a solid start in school. With your child’s 6th birthday approaching I need to advise you that your child will be subject to California Education Code section EC 48200. This law requires all children to attend school, from their 6th birthday to their 18th birthday. Please keep the following points in mind with regard to school attendance: • Education Code states that absences are to be excused only when the child is too ill to attend school or
there is a death in the immediate family (1-‐3 day limit). All other absences (with just a few exceptions found in EC 48260) are unexcused. Any tardy over 30 minutes, except for medical reasons is also considered to be unexcused.
• If your child misses 30 minutes or more of school on three occasions during the school year, he/she is legally truant.
• Our school district policy (#) requires verification, either by doctor’s note or by evaluation in our health office, whenever your child misses more than 3 consecutive days due to illness. The same policy requires verification for each absence after the 10th day of absence (overall) in one school year.
• Many parents are unaware that taking their children out of school to accompany them on business trips, vacations or for family emergencies violates California law. In many cases planning ahead can avoid unexcused absences and possible legal problems.
It is our hope you will make school a top priority in your family. Make carpool arrangements to share the burden of daily transportation, plan trips during holidays and vacations and have a back-‐up person available to take your child to school if you are unable to do so. We at________________________ School, work very hard to ensure that your child receives the best education possible. I know you want this for your child as well. You can assist in this effort by making sure your child is in school, every day and on time, except on the very few occasions they are too ill to be in school. Thank you for your cooperation. If you have any questions, please feel free to call me at ____________. ____________________________________ Principal
SAMPLE
END OF KINDERGARTEN LETTER
(Issue on School Letterhead) Date: Parents Name Address RE: Dear Parent/Guardian Your child will soon be finishing kindergarten. As you probably know, kindergarten is not required in California. However, school attendance is required from the ages of six to eighteen. This year your child had an excessive number of absences or tardies. In first grade, when your child is required to be in school, we will be insistent that your child attend school regularly and on time, unless he/she is ill. The law states that absences are excused only if the child is ill or there is a death in the immediate family (1-‐3 day limit). All other absences are unexcused. Any tardy over 30 minutes, except for medical reasons is also unexcused. If your child has 3 unexcused absences and/or tardies, he/she is legally truant. Many parents are unaware that going “out of town” with their children during school is an unexcused absence, as are “family emergencies.” In both cases, planning ahead can avoid unexcused absences and possible legal problems. It is our hope that during the summer, you will plan and organize so that school is a number one priority in your family. Make carpool arrangements for Fall. Plan trips during holidays and vacations. Have a back-‐up person available to take your child(en) to school if you are unable to do so. We at________________________ School, work very hard to ensure that your child receives the best education possible. We cannot do that if your child is not in school, every day and on time, when he/she is healthy. Please help us provide your child the outstanding education he/she deserves. Thank you for your cooperation. Enclosed you find a copy of next year’s school calendar. If you have any questions, please feel free to call us at ________________________. ____________________________________ Principal
LAW ENFORCEMENT SARB
CITATION PROCESS
The authority to charge a parent/guardian for a willful violation of the state's compulsory education law is outlined under Section 48291 of the California Education Code (EC). Section 48291 states that when a parent/guardian or other person with care, custody or control over the pupil, continually and willfully fails to respond to directives of the SARB or services provided, the SARB SHALL direct the school district to file in the proper court, a criminal complaint against the parent/guardian or other person charging the violation and SHALL see that the charge is prosecuted by the proper authorities. (Remember: early intervention is a key to success.)
The law calls for schools to charge the parent or guardian and to see that the charge is prosecuted by the proper authorities. Because the parent or guardian is an adult, and adults are normally prosecuted in Municipal Courts for their misdemeanor acts, the California legislature has enacted Section 601.4 of the California Welfare and Institutions Code. Section 601.4 enables Juvenile Court Judges to preside as Superior court Judges for the purpose of hearing truancy matters. Parents/legal guardians, therefore, may be cited into the Juvenile Courts in accordance with Section 48291. E.C.
Guidelines/Process
• Exhaust interventions available/Pre SARB Contract/three truancy notification letters, etc. • Conduct District SARB Hearing/place Minor on Contract • If contract is violated (five school days) cite to Juvenile Court with District SARB Packet. • Issuing officer sends entire packet to court
Miguel Lopez Juvenile Detective Officer San Diego Sheriff Department Lemon Grove Station 3240 Main Street Lemon Grove, CA 91945-1705 (619) 337-2035
CODE SECTIONS
• California Education Code 48200 - Compulsory Full-‐time Education
• California Education Code 48260
- Truant Definition
• *California Education Code 48291 - Referral to SARB
• California Education Code 48264
- Authority to Arrest Truants
• California Education Code 48265 - Truancy Arrest of a Minor
• California Education Code 48266
- Truancy Arrest Report
• California Education Code 48292 - Authorization to File Complaints
• *California Education Code 48293
- Criminal Fines/Violation of SARB contract/Failure to Comply
• California Education Code 48295 - Judicial Jurisdiction
• California Penal Code 272
- Contribution to Delinquency of Minor
For Information on the Truancy Court Filing Process Please Contact:
Cyndi Jo Means
Deputy District Attorney Juvenile Division
2851 Meadowlark Drive San Diego, CA 92123
Phone: (858) 694-4243 Fax: (858) 514-8525
E-mail: [email protected]
