1. ACT 168 of 2016 – Truancy Legislation
RED LION AREA SCHOOL DISTRICT
ATTENDANCE
ACT 168 of 2016 – Truancy Legislation
November 2016

2. Act 138 Truancy Legislation
Changes and clarifies School Code truancy definitions
Requires districts to offer School Attendance Improvement Plan (SAIP)
Permits different options for truancy enforcement
Modifies criminal penalties for truancy

3. Definitions
Compulsory School Age: Time that parents elect to have the child enter school (no later than 8) until 17 years of age.
Excused Absence: An absence permitted under section 1329.
SAIC: Student Attendance Improvement Conference
SAIP: Student Attendance Improvement Plan

4. By the Numbers
Truant: 3 or more schools days of unexcused absences during the current school year.
Habitually Truant: 6 or more school days of unexcused absences during the current school year.
Referral to OCYF: 10 or more school days of unexcused absences during the current school year.

5. Notice Requirements
Schools must notify parent within 10 days of student’s 3rd unexcused absence within the school year.
Description of consequences in preferred language of parent/parental relation
Offer of SAIC
Include biological or adoptive parent if school has mailing address and the individuals are not precluded from the information

6. Notices from RLASD Letter after 1st unexcused absence
Letter after 2nd unexcused absence
Letter after 3rd unexcused absence
Official Notice
PCO

7. After Notices are Issued
Offer SAIC/SAIP after the 3rd unexcused absence
Hold SAIC/SAIP at 6th unexcused absence
Child and parent are not required to attend.
SAIC is held if parent and child do not attend. Document no shows.

8. Purpose of SAIC
Absences and reasons are examined to improve attendance with or without additional services offered.
Attendees may include: student, parental relation, supportive adults, appropriate school personnel, service providers.

9. SAIC Outcomes of the conference must be documented on the SAIP.
No legal action may take place until scheduled date for SAIC has passed.
School may not expel or impose OSS, disciplinary reassignment, or transfer for truant behavior. (Does not include permission to attend transfer if necessary.)
Verification of SAIC is required prior to OCYF referral.

10. School Procedures for Truancy
Habitually Truant and under 15 years
Refer student to school based or community based attendance improvement program.
Contact OCYF for services.
File citation against parent/parental relation.

11. School Procedures for Truancy
Habitually Truant and over 15 years
Refer student to school based or community based attendance improvement program.
File citation against the student or person in parental relation.
Refer to OCYF if student incurs additional unexcused absences or refuses to participate in school based programs.

12. Filing Truancy Citations
May not file citation if
proceeding is pending
referral to OCYF is not closed
dependency petition has been filed and juvenile court has jurisdiction
Burden of Proof – School must prove beyond a reasonable doubt that student was habitually truant without justification. (Documentation!)

13. Penalties 1st Offense: fine not to exceed $300 including court costs.
2nd Offense: fine not to exceed $500 depending on the ability to pay.
3rd and Subsequent Offense: fine may exceed $500 depending on the ability to pay up to $750.

14. Alternative Penalties
Participation in community service.
Completion of appropriate course or program designed to improve. attendance approved by president judge
Suspension of sentence if student attends school in accordance with the court’s plan.

15. Work to be done Additional clarification Revision Policy Procedures
Handbooks
Letters
Calendar

16. CGA Law Firm Mieke Driscoll Sean Fields John Uhler
Acknowledgement
CGA Law Firm Mieke Driscoll Sean Fields John Uhler