Bill Text: VA HB1485 | 2018 | Regular Session | Chaptered
Bill Title: Truancy; procedures relating to intervention.
Spectrum: Partisan Bill (Democrat 8-0)
Status: (Passed) 2018-04-04 - Governor: Acts of Assembly Chapter text (CHAP0753) [HB1485 Detail]
Download: Virginia-2018-HB1485-Chaptered.html
Be it enacted by the General Assembly of Virginia:
1. That §§22.1-258 and 22.1-262 of the Code of Virginia are amended and reenacted as follows:
§22.1-258. Appointment of attendance officers; notification when pupil fails to report to school; plan; conference; court proceedings.
Every school board shall have power to appoint one or more attendance officers, who shall be charged with the enforcement of the provisions of this article. Where no attendance officer is appointed by the school board, the division superintendent or his designee shall act as attendance officer.
Whenever any pupil fails to report to school on a regularly scheduled school day and no indication has been received by school personnel that the pupil's parent is aware of and supports the pupil's absence, a reasonable effort to notify by telephone the parent to obtain an explanation for the pupil's absence shall be made by either the school principal or his designee, the attendance officer, other school personnel, or volunteers organized by the school administration for this purpose. Any such volunteers shall not be liable for any civil damages for any acts or omissions resulting from making such reasonable efforts to notify parents and obtain such explanation when such acts or omissions are taken in good faith, unless such acts or omissions were the result of gross negligence or willful misconduct. This subsection shall not be construed to limit, withdraw, or overturn any defense or immunity already existing in statutory or common law or to affect any claim occurring prior to the effective date of this law. School divisions are encouraged to use noninstructional personnel for this notice.
Whenever any pupil fails to report to school for a total of
five scheduled school days for the school year and no indication has been
received by school personnel that the pupil's parent is aware of and supports
the pupil's absence, and a reasonable effort to notify the parent has failed,
the school principal or his designee or the attendance officer shall
make a reasonable effort to ensure that direct contact is made with the parent,
either in person or, through telephone conversation, or
through the use of other communications devices to obtain an explanation
for the pupil's absence and to explain to the parent the consequences of
continued nonattendance. The school principal or his designee or the
attendance officer, the pupil, and the pupil's parent shall jointly develop
a plan to resolve the pupil's nonattendance. Such plan shall include
documentation of the reasons for the pupil's nonattendance.
If the pupil is absent an for more than one
additional day after direct contact with the pupil's parent, and the
attendance officer has school personnel have received no indication
that the pupil's parent is aware of and supports the pupil's absence, either
the school principal or his designee or the attendance officer shall
schedule a conference within 10 school days with the pupil, his parent,
and school personnel, which. Such conference may include the
attendance officer and other community service providers, to resolve
issues related to the pupil's nonattendance. The conference shall be held no
later than 15 10 school days after the sixth tenth
absence of the pupil, regardless of whether his parent approves of the
conference. Upon the next absence by such pupil without indication to
the attendance officer that the pupil's parent is aware of and supports the
pupil's absence, the school principal or his designee shall notify the
attendance officer or the division superintendent or his designee, as the case
may be, who shall enforce the provisions of this article by either or both of
the following: (i) filing The conference team shall monitor the pupil's
attendance and may meet again as necessary to address concerns and plan
additional interventions if attendance does not improve. In circumstances in
which the parent is intentionally noncompliant with compulsory attendance
requirements or the pupil is resisting parental efforts to comply with
compulsory attendance requirements, the principal or his designee shall make a
referral to the attendance officer. The attendance officer shall schedule a
conference with the pupil and his parent within 10 school days and may (i) file
a complaint with the juvenile and domestic relations district court
alleging the pupil is a child in need of supervision as defined in §16.1-228
or (ii) instituting institute proceedings against the parent
pursuant to §18.2-371 or § 22.1-262. In filing a complaint against the
student, the attendance officer shall provide written documentation of the efforts
to comply with the provisions of this section. In the event that both parents
have been awarded joint physical custody pursuant to §20-124.2 and the school
has received notice of such order, both parents shall be notified at the last
known addresses of the parents.
Nothing in this section shall be construed to limit in any way the authority of any attendance officer or division superintendent to seek immediate compliance with the compulsory school attendance law as set forth in this article.
Attendance officers, other school personnel or volunteers organized by the school administration for this purpose shall be immune from any civil or criminal liability in connection with the notice to parents of a pupil's absence or failure to give such notice as required by this section.
§22.1-262. Complaint to court when parent fails to comply with law.
A list of persons notified pursuant to §22.1-261 shall be
sent by the attendance officer to the appropriate school principal. If the
parent (i) fails to comply with the provisions of §22.1-261 within the time
specified in the notice; or (ii) fails to comply with the provisions of
§22.1-254; or (iii) refuses to participate in the development of the plan
to resolve the student's nonattendance or in the conference provided for in §
22.1-258, it shall be the duty of the attendance officer, with the
knowledge and approval of the division superintendent, to make complaint
against the pupil's parent in the name of the Commonwealth before the juvenile
and domestic relations district court. If proceedings are instituted against
the parent for failure to comply with the provisions of §22.1-258, the
attendance officer is to provide documentation to the court regarding the
school division's compliance with §22.1-258. In addition thereto, such child
may be proceeded against as a child in need of services or a child in need of
supervision as provided in Chapter 11 (§16.1-226 et seq.) of Title 16.1.