Bill Text: VA HB1485 | 2018 | Regular Session | Introduced
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-Introduced.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 make 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 school days after the sixth tenth absence of the pupil, regardless of whether his parent has
knowledge of or 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 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.