Bill Text: VA HB670 | 2016 | Regular Session | Prefiled
Bill Title: Truancy; educational neglect, penalty.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2016-02-16 - Left in Courts of Justice [HB670 Detail]
Download: Virginia-2016-HB670-Prefiled.html
|
16100556D Be it enacted by the General Assembly of Virginia: 1. That §22.1-258 of the Code of Virginia is amended and reenacted and that the Code of Virginia is amended by adding a section numbered 18.2-371.01 as follows: §18.2-371.01. Educational neglect; penalty. A. For purposes of this section: "Child in need of supervision" means a child who, while subject to compulsory school attendance, is habitually and without justification absent from school and (i) the child has been offered an adequate opportunity to receive the benefit of any and all educational services and programs that are required to be provided by law and which meet the child's particular educational needs, (ii) the school system from which the child is absent or other appropriate agency has made a reasonable effort to effect the child's regular attendance without success, and (iii) the school system has provided documentation that it has complied with the provisions of §22.1-258. "Parent" means any parent, guardian, legal custodian, or other person having control or charge of a child. B. Any parent who willfully contributes to, encourages, or causes any act, omission, or condition that renders his child a child in need of supervision is guilty of educational neglect, which is punishable as a Class 1 misdemeanor. C. When a person is charged with a violation of subsection B, the court may defer the proceedings against such person without a finding of guilt and place him on probation upon terms and conditions. D. For a person to be eligible for a deferral under subsection C, the court shall find that (i) the person has not previously been convicted of any offense under subsection B; (ii) the person has not previously had a proceeding against him for violation of subsection B dismissed as provided in subsection E; (iii) the person pleads guilty to, or enters a plea of not guilty or nolo contendere and the court finds the evidence is sufficient to find the person guilty of, a violation of subsection B; and (iv) the person consents to such deferral. E. Upon violation of a term or condition, the court may enter an adjudication of guilt and proceed as otherwise provided by law. Upon fulfillment of the terms and conditions specified in the court order, the court shall discharge the person and dismiss the proceedings against him. Discharge and dismissal under this section shall be without adjudication of guilt and is a conviction only for the purposes of applying this section in subsequent proceedings. No charges dismissed pursuant to this section shall be eligible for expungement under §19.2-392.2. §22.1-258. Appointment of attendance officers; notification when pupil fails to report to school. 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, 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 additional day after direct contact
with the pupil's parent and the attendance officer has 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 conference may include 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 absence. 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 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
proceedings against the parent pursuant to § 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. |
