FED (TSBVI) – Admissions and Attendance: Attendance Enforcement

LOCAL DISTRICT RESPONSIBILITY

Upon notice from TSBVI, pursuant to Policy FEA, the attendance officer in the student’s local school district shall perform the legal responsibilities of referral to truancy court or ARD committee.

Referral Prohibited

TSBVI may not refer a student to the local district’s attendance officer if the School determines that the student’s truancy is the result of pregnancy, being in the state foster program, homelessness, or being the principal income earner for the student’s family.  [See TRUANCY PREVENTION MEASURES, below]  Education Code 25.0915(a-3)

truancy prevention measures

TSBVI has adopted truancy prevention measures designed to address student conduct related to truancy in the school setting before the student engages in conduct described by Family Code 65.003, and minimize the need for referrals to attendance officers in the local school district for conduct described by Family Code 65.003(a).  Education Code 25.0915(a)

TSBVI in collaboration with the local school district shall take one or more of the following actions as a truancy prevention measure:

1. Impose:
   1. A behavior contract for the student that must be signed by an administrator of the School, that TSBVI has made a good faith effort to have signed by the student and the student’s parent or guardian, and that includes:
      1. A specific description of the behavior that is required or prohibited for the student;
      2. The period for which the plan will be effective, not to exceed 45 school days after the date the contract becomes effective; or
      3. The penalties for additional absences, including additional disciplinary action or the referral of the student to a truancy court; or
   2. Resident school-based community service; or
2. Refer the student to counseling, mediation, mentoring, community-based services, or other in-school or out-of-school services aimed at addressing the student’s truancy. A referral may include participation by the child’s parent or guardian if necessary.

The resident school district shall offer additional counseling to a student and may not refer the student to truancy court if the school determines that the student’s truancy is the result of:

1. Pregnancy;
2. Being in the state foster program;
3. Homelessness; or
4. Being the principal income earner for the student’s family.

If a student fails to attend school without excuse on three or more days or parts of days within a four-week period but does not fail to attend school for the time described by Education Code 25.0951(a), the resident district shall initiate truancy prevention measures on the student.

Education Code 25.0915

Minimum Standards

The minimum standards for the truancy prevention measures implemented by a district under Education Code 25.0915 include:

1. Identifying the root cause of the student’s unexcused absences and actions to address each cause;
2. Maintaining ongoing communication with students and parents on the actions to be taken to improve attendance;
3. Establishing reasonable timelines for completion of the truancy prevention measure; and
4. Establishing procedures to notify the admission, review, and dismissal committee or the Section 504 committee of attendance issues relating to a student with a disability and ensure that the committee considers whether the student’s attendance issues warrant an evaluation, a reevaluation, and/or modifications to the student’s individualized education program or Section 504 plan, as appropriate.

19 TAC 129.1043

Adopted:         9/9/83

Amended:       1/14/88, 1/26/90, 3/27/92, 1/24/97, 1/24/02, 4/1/05, 11/15/18

Reviewed: