Section D Guidelines for the Management of Student Attendance Diocese of Broken Bay Schools System For staff who manage attendance

Overview Why we need to do this/ legal implications The process and defining unjustified/unexplained absences The documentation to assist you in the management of students who have too many days off school Assistance available from the CSO Assistance from external agencies

The legal reasons. Intersection between two Acts from 2009 The NSW Education Act 1990 and The Children and Young Persons (Care and Protection) Act 1998

Education Act 1990 Under the NSW Education Act 1990 attendance is under Part 5 – Attendance of Children at School. Relevant sections are: Section 21B - Compulsory school age Section 22 - Compulsory schooling – duty of parents Section 22 A – Obtaining information about children of compulsory school age Section 22B – Compulsory undertakings by parents Section 22C – Conferencing Section 22D – Compulsory schooling orders

Children and young persons (Care and Protection Act 1998 Under the Children and Young Persons (Care and Protection) Act 1998. The Relevant Sections are: Section 23 – Child or young person at risk of significant harm (ROSH) Section 24- Report concerning a child or young person at risk of significant harm Section 27 – Mandatory reporting

Legal information Catholic Schools can not take families to court regarding attendance However CEC will support CSO in presenting the matter to DoE legal who may take on the matter on our behalf Principals report to the Child Protection Helpline (FACS) if the parents/carers have not arranged and are unable or unwilling to arrange for the child or young person to receive an education in accordance with the NSW Education Act 1990.

Process - Some definitions first: Unexplained/unjustified absence; A parent has not provided an explanation of the student’s absence within seven days of the occurrence of the absence Unexplained absence; A student absence where a parent provides no reason for a student’s non-attendance. Unjustified absence; A parent has provided an explanation of the student’s absence which has not been accepted by the principal. The nominal number of unexplained/unjustified absences is 30 days out of any 100 days.

Flowcharts Refer to the flowchart for proposed school action for the management of habitual non attendance – unexplained/ unjustified Students who do not return from holidays or do not return after a break

Process – Step 1 5-10 days (approximately 90% attendance) unexplained/unjustified absence (not necessarily consecutive) Phone call to parents regarding why the student is not at school (this needs to be done by the year coordinator or assistant principal/REC) Follow-up with letter (D 3) – sent registered post and an email to parents requesting meeting with parents to discuss issues that may have arisen (attach tips for parents and brochure from DoE) Consult with School Counsellor

Process – Step 2 11-20 (between 80%-90% attendance) days unexplained /unjustified absence (not necessarily consecutive) Phone call to parents on each subsequent day of unexplained/unjustified non-attendance after 10 days Registered letter to parents (D 4) re attendance requesting meeting between school and parents to discuss include the tips for parents (D17) and brochure from DoE

Step 2 continued An Attendance Improvement Plan (AIP) (D20) must be developed with the parents, student and the school. This plan must include some form of therapeutic intervention – either internally or external to the school Inform the CP Team at the CSO about possible action Inform the schools consultant

Process- Step 3 21-30 days (between 70%-80% attendance) unexplained / unjustified absence (not necessarily consecutive) Daily phone call/sms text message to parents on each day of unexplained/unjustified non-attendance Registered letter to parents (D 5) re attendance which includes an invitation to a meeting to attend the school to discuss the issues of non-school attendance. Include the brochure of the parents responsibility regrading school attendance in the letter and the tips for parents

Step 3 continued Referral to the Child Protection Team (D14) The arranged meeting to include a member from the CP team – the AIP will be reviewed and another AIP devised. This AIP will have a 2 week turnaround review – if the attendance has not improved in that time the matter will be referred to the DoS to determine if the family are still working with the school in relation to attendance. Options of either removal of the student form the roll or to proceed with legal action via CEC will be presented to the family and the student

Process - Step 4 Above 30 days (<70% attendance) unexplained / unjustified absence within last 100 days (not necessarily consecutive) Daily phone call/sms text message to parents on each day of unexplained/unjustified non-attendance Registered letter to parents (D 6) re attendance which includes an invitation to a meeting to attend the school to discuss the issues of non-school attendance

Step 4 continued Consult with CSO Child Protection Officer on whether it is appropriate to report to Community Services (CS). If so, Principal or Counsellor makes report to CS and informs the Schools Consultant and CP Team that a report has been made At the meeting arranged with parents, student and school, a Compulsory Schooling Undertakings will be completed by a convener (usually a member of the CP team) If the attendance has not improved within 2 weeks of the Compulsory Schooling Undertakings or the family have not engaged with the process or the Compulsory Schooling Undertakings have been breached, proceed to step 5.

Process – Step 5 When the Compulsory Schooling Undertakings have not been followed OR the family have not engaged with the process despite attempts to engage them: Arrange to meet with the family as a matter of urgency – send the letter for parent (D 8) via registered post. The Child Protection Officer and/or the Schools Consultant must also attend the meeting. If the Schools Consultant does not attend the meeting they must be briefed prior to the meeting occurring. At this meeting it will be explained that: The student is not complying with the plan as agreed That the situation cannot continue as is That other alternative educational settings may have to be explored and/ or the matter will be referred to Catholic Education Commission (CEC) and Department of Education (DoE) for legal action.

Step 5 continued The Child Protection Officer prepares a brief summary of the issues for the principals and the schools consultant. This summary will then be sent to the Director of Schools for approval/sign off or additional follow up /information. In the brief summary a recommendation will be made to: Proceed with legal action via Catholic Education Commission (CEC) and Department of Education (DoE) OR The enrolment is to be abandoned because the family has not engaged with the process or the student is unable to comply within reasonable adjustments of mainstream schooling.

Step 5 continued The Child Protection Officer will then draft a letter for the Director of Schools to approve to send to the family dependent on the recommended action i.e. The student will be removed from the roll and a report will made to the CP Helpline – child not enrolled and a referral will be made to DoE – “Student enrolment destination unknown” will be completed and faxed to DoE Attendance Unit. The parents will be informed in writing (D7) by the DoS that the enrolment has ceased. OR The matter will be referred to CEC for consideration for legal action to be taken by DoE. The parents will be informed by the DoS in writing that the matter is proceeding to legal action.  

If the enrolment is abandoned: The student is removed from the roll A referral will then be made to the DoE Attendance unit Depending on the age of the student and the other issues present in the family a Risk of Significant Harm report may also be required. The child protection office will recommend this (via the MRG) A final letter is sent stating that the student has been removed from the roll and that the matter has been referred to external agencies for follow up

If legal action is proposed: A referral form for DoE is completed and sent to CEC for their approval to proceed with legal action DoE will then contact the CPO /CEC in relation to when the matter is to be go to Children’s Court

Legal action continued The Principal/CPO will be required at court. The CSO will be represented by a legal office from the DoE The court in the first instance will order another Compulsory Schooling Undertaking to be completed by someone who has not been involved in the matter Final orders may then be made after the Compulsory Schooling Undertaking has been presented to court

There are letters and additional support documents: There is a standard AIP form that can be used – attach your school logo There are draft proforma letters at every step – each one can be modified slightly to reflect the circumstances but it is important the letters are sent registered post There is an information sheet for principals and staff There is a Tip Sheet for Parents There is access to the DoE brochures for non-government schools and parents

There are referral forms, checklists, flowcharts and a consent forms There is a referral form and a checklist (for step 3 ) The checklist is to ensure that you have considered some issues prior to referring to the CSO CP Team The form for the Attendance unit in DoE is attached (for those students where we do not know where they have gone or we abandon the enrolment) There is a medical consent form to obtain information from external services that may be working with the child

Finally Ensure that the rolls are completed with the correct codes – you do not have to accept a note or a medical certificate if you think it is not right – you can ask the parent for more information The earlier you take action when a student is not attending the greater the likelihood that they will return to a better attendance pattern If the student has a lot of explained absences you will also need to do something – we can’t allow students to have a lot of days off without a very good reason

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