League of Women Voters of DC (LWVDC) * th St. NW * Washington, D.C *LWVDC.org

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1 League of Women Voters of DC (LWVDC) * th St. NW * Washington, D.C *LWVDC.org Truancy in D.C. Public Schools: Discussion Materials - October 2013 Overview: There is no express national or DC League position on truancy but the section Special Services might provide a foundation for expressing views to the public. We may build on that DC position on education, which is: Special Services: Pupil services in the areas of counseling, mental and physical health, social work and special education must be provided in such a way that they are focused on the specific needs of students and teachers. Procedures must be designed to assure that the identification of needs is followed by action. School programs designed to meet special needs and their financing should be closely coordinated with other community programs working on those same needs. In addition to the school level truancy process a child 5 to 13 may be subject to referral to the Child and Family Services Agency (CFSA), the child welfare system; and a child 14 to 17 may be subject to referral to the court system. Truancy process concerns students age 17 and under; those over 18 are subject to different requirements under law. Outline of Discussion Materials: Useful Definitions School Truancy in the District of Columbia: A Snapshot DCPS Truancy process: New Policy, Definitions, including handouts o Overview of New DCPS Attendance Policy o DCPS Definitions: Handout Useful Definitions o Excerpts from Attendance Accountability Amendment Act of 2013 o Handouts (2): DCPS Truancy Protocol and Attendance Protocol DC Courts and the Truancy Process o DC Court Definitions slides o DC Superior Court truancy process slides Proposals that were considered and then withdrawn from the attendance reform legislation. List of stakeholder government agencies and organizations slide 1

2 Useful Definitions for the School Truancy Discussion Adjudication Hearing: A final hearing in which the judge determines whether or not the juvenile is involved or guilty of the delinquency or status (Where truancy is concerned) offense charged in the petition. Also sometimes called a Trial or a Fact- finding Hearing. (p. 39). Source: Guide to the DC Juvenile Justice System, Council for Court Excellence, p (June 2009). AAG means Assistant Attorney General. The AAG is an individual attorney employed to represent the District in specific matters as an employee under the supervision of the OAG. CFSA means The DC Child and Family Services Agency [which] is the public child welfare agency in the District of Columbia responsible for protecting child victims and those at risk of abuse and neglect and assisting their families. Source: cfsa.gov CSS: Court Social Services: It is part of the DC Superior Court Family Court and is the city s juvenile probation agency. It plays a major role before the Initial Hearing, during the pretrial period, and between Adjudication and Disposition. DCMR: means District of Columbia Municipal Regulations. The DCMR is the official compilation of the permanent rules and regulations promulgated by executive departments, agencies and independent entities of the government of the District of Columbia. Educational institution means a school in the District of Columbia Public Schools system, a public charter school, an independent school, a private school, a parochial 28 school, or a private instructor. Source: Attendance Accountability Amendment Act of 2013, at D.C. Code (2A). Educational neglect means the failure of a parent or guardian to ensure that a child attends school consistent with the requirements of the law including, without limitation, the failure to enroll a school- age child in an educational institution or provide appropriate private instruction; permitting habitual absenteeism from school; inattention to special education needs; refusal to allow or failure to obtain recommended remedial education services; or the failure to obtain treatment or other special education services without reasonable cause. Source: 5 DCMR A FAMILY COURT, SOCIAL SERVICES DIVISION (FCSSD) is a division of the D.C. Superior Court and is the city s juvenile probation agency. It provides services to all newly arrested youth entering the Court system in Persons In Need of Supervision (PINS) truancy cases, as well as other juvenile matters. Local education agency or LEA means an educational institution at the local level that exists primarily to operate a publicly funded school or schools in the District of Columbia, including the District of Columbia Public Schools (DCPS) and a District of Columbia public charter 2

3 school. Source: 5 DCMR A OAG means Office of the Attorney General. The OAG represents the District government and citizenry in nearly all defensive civil litigation including on juvenile delinquency proceedings and provides legal representation to District agencies, officers and employees. See dc.gov/dc/oag/about+oag/who+we+are Petition: A document that a prosecutor files in court that alleges that a juvenile has committed a criminal offense or is a person in need of supervision. Source: Guide to the DC Juvenile Justice System, Council for Court Excellence, p (June 2009). Parent Participation Order: Issued by a judge after a court hearing,...includes a list of the actions a parent is expected to take while their child has a case in the juvenile court. (p. 41). Person In Need of Supervision (PINS): A charge that a juvenile s behavior could be harmful to his or her own safety and requires court intervention. (p. 41) School- age child means a child who is five (5) years of age or older by September 30 of a current school year but who has not yet reached his or her eighteenth (18th) birthday. Source: 5 DCMR A Truant means a child who is absent without valid excuse according to the required number of days to be in compliance, which is 10 days. Source: 5 DCMR A Status Offender: A juvenile who is charged with committing offenses that would not be criminal if done by an adult (such as truancy, underage possession of alcohol, curfew violations, running away from home). School- based student support team means a team formed to support the individual student by developing and implementing action plans and strategies that are school- based or community- based depending on the availability to enhance the student s success with services, incentives, intervention strategies, and consequences for dealing with absenteeism. Source: 5 DCMR A Local Education Agency or LEA means an educational institution at the local level that exists primarily to operate a publicly funded school or schools in the District of Columbia, including the District of Columbia Public Schools (DCPS) and a District of Columbia public charter school. Note: DCPS is an LEA, and many charter schools are their own LEAs. Certain charter schools use DCPS as their LEA. Source: 5 DCMR

4 I. The D.C. School truancy problem: A Snapshot A. During School Year , the DC truancy rate was as follows: 1. At Roosevelt Senior High School in Ward 4, 214 out of 461 students had more than 20 unexcused absences; and 2. Forty (40%) percent of students at the city s four (4) largest schools had more than 20 unexcused absences 3. (Source: as of 9/20/2013) B. By comparison, the truancy rates in Los Angeles are 16%; and in Chicago 13%. (Source: Addressing DC's truancy epidemic, Michael Shank and Allyson Mitchell, Washingtonpost.com, 03/27/2013.) C. By one measure, DC's truancy rate is five times the national average. (Source: The website, Greater Greater Education DC, March 7, 2013). II. DCPS and the truancy process: New Policy, Definitions, including handouts A. Overview of the New DCPS Attendance Policy 1. Attendance Accountability Amendment Act of 2013 : 2. On July 10, 2013 it was enacted into law (PR ). 3. At the 10th unexcused absence (within 2 business days): Metropolitan Police Department sends 1 st notice to parents of all minor children they are at risk of criminal prosecution. 4. At the 15th unexcused absence (within 2 business days): 14 to 17 year olds are referred to CSS- Court Social Services and the D.C. Office of the Attorney General (OAG) Juvenile Section. Note: This is a change from previous referral trigger of 25 unexcused absences. 5. The OAG provides a 2 nd notice to parent in writing. 6. Codifies the previous administrative rule that for 5 to 13 year olds a referral notice is sent after 10 unexcused absences to Child and Family Services Administration (CFSA), which is D.C. s child welfare program; OSSE (Office of the State Superior Education (OSSE). 7. Requires the Office of the Attorney General to make annual reports to the Secretary of the D.C. City Council of the number of school truancy referrals and suspensions DCPS Referral to the MPD Police AND OSSE B. DCPS Truancy Process- DEFINITIONs: 1. Unexcused Absence means: a. Any absence without a valid excuse shall be presumed to be an unexcused absence. 4

5 b. An absence from any portion of the day without a valid excuse is also an unexcused absence. Source: 5 D.C. Municipal Regulations A to.2 2. Valid Excuse means: a. The school is required to deem the following valid excuses for an absence: b. Illness or other bona find medical reason; exclusion due to a medical condition requiring separation from other students for medic al or health reasons; c. Death in the family; employment or other volunteer work approved by the school where the student is 17 years of age and other circumstances are satisfied; d. Medical or dental appointments for the student. e. Attendance at a judiciary or administrative proceeding as a part or under subpoena; f. Religious holiday observance; g. Lawful suspension or exclusion from school and others Source: See 5 DCMR A School- age child means a child who is five (5) years of age or older by September 30 of a current school year but who has not yet reached his or her eighteenth (18th) birthday. Source: 5 DCMR A C. Excerpts from Attendance Accountability Amendment Act of (D.C. Official Code (Sec. 8), Truancy procedures: 1. Excerpts: DCPS School Level Process: (a) If a minor student accumulates 10 unexcused absences during a school year, the educational institution shall notify the Metropolitan Police Department within 2 business days after the 10th unexcused absence. (b) Within 2 business days of the 10th unexcused absence, the educational institution shall notify the Office of the State Superintendent of Education which shall provide the parent with the truancy prevention resource guide created pursuant to section 3(b)(19) of the State Education Office Establishment Act of 2000, effective October 21, 2000 (D.C. Law ; D.C. Official Code (b)(19)); provided, that the parent has not received the truancy prevention resource guide before the 10th unexcused absence. 2. Excerpts: DCPS Referral Process to CFSA/OAG/Court Social Services Attendance Accountability Amendment Act of 2013 DC Official Code , Section 8: (1)(A) The educational institution shall refer a minor student 5 years of age through 13 years of age to the Child and Family Services Agency [ ]no later than 2 business days after the accrual of 10 unexcused absences within a school year. (B) Beginning in the school year, the educational institution shall refer a minor student 14 years of age through 17 years of age to the Court Social Services Division of the Superior Court of the District 5

6 of Columbia and to the Office of the Attorney General Juvenile Section no later than 2 business days after the accrual of 15 unexcused absences within a school year. (2) Within 3 business days of the Office of the Attorney General, Juvenile Section receiving written notification pursuant to paragraph (1)(B) of this subsection, the Office of the Attorney General shall send the minor student s parent a letter notifying the parent that he or she may be subject to prosecution for violation of the school attendance requirements under This act.. D. See DCPS HANDOUTS: TRUANCY PROTOCOL & ATTENDANCE PROTOCOL III. DC Superior Court and the Truancy Process A. DC Superior Court DEFINITIONS: 14 to 17 year old Truancy Process 1. CSS: Court Social Services: It is part of the DC Superior Court Family Court and is the city s juvenile probation agency. It plays a major role before the Initial Hearing, during the pretrial period, and between Adjudication and Disposition. 2. Status Offender: A juvenile who is charged with committing offenses that would not be criminal if done by an adult (such as truancy, underage possession of alcohol, curfew violations, running away from home). 3. Petition: A document that a prosecutor files in court that alleges that a juvenile has committed a criminal offense or is a person in need of supervision. Source: Guide to the DC Juvenile Justice System, Council for Court Excellence, p (June 2009). 4. Parent Participation Order: Issued by a judge after a court hearing, includes a list of the actions a parent is expected to take while their child has a case in the juvenile court. (p. 41). 5. Person In Need of Supervision (PINS): A charge that a juvenile s behavior could be harmful to his or her own safety and requires court intervention. (p. 41) 6. Adjudication Hearing: A final hearing in which the judge determines whether or not the juvenile is involved or guilty of the delinquency or status (Where truancy is concerned) offense charged in the petition. Also sometimes called a Trial or a Fact- finding Hearing. (p. 39). Source: Guide to the DC Juvenile Justice System, Council for Court Excellence, p (June 2009). B. Truancy Process in the DC Superior Court 1. D.C. Superior Court, CSS receives referral from the educational institution. 2. Juvenile Probation Services becomes involved. 3. OAG may file a petition to open a PINS case. 4. Assistant Attorney General (AAG) from the OAG Juvenile Section prosecutes the case. 5. Court appoints a family or PINS attorney to represent the juvenile. 6. AAG may settle the case or no paper the case if resolved satisfactorily. 6

7 7. The Family Court holds an initial hearing to determine if minor will be released to parents, held in shelter care, or other; and to schedule trial. 8. At any stage, the judge can order Child Guidance Clinic evaluation. 9. After the adjudication (disposition hearing) is scheduled, a settlement can occur at any stage, between the student and OAG. 10. Adjudication, known also as disposition hearing or trial occurs. 11. Education attorney may be appointed at any stage. 12. Trial and possible order to diversion program up to commitment to DC shelter home or other. Source: Guide to the DC Juvenile Justice System, Council for Court Excellence, p (June 2009). C. Office of the Attorney General (OAG) Reporting requirements By July 15 of each year, beginning in 2014, the Office of the Attorney General shall submit to the Mayor and the Secretary to the Council a truancy status report on the preceding school year, which shall include the number of: (1) Referrals it received from each educational institution; (2) Cases it filed pursuant to this act, and the outcome of each; (3) Child- in- need of supervision cases filed pursuant to this act, and the outcome of each; and (4) Students who were enrolled in a court diversion program, or other diversion program pursuant to this act.. Source: D.C. Official Code D. DCPS Duty to Notify Parents Of Excused Absences List The educational institution is required to publish and make available to parents and students the list of valid excused absences. Source: 5 D.C.M.R. (D.C. Municipal Register) A E. Truancy Process Evaluation is Required The Office of the State Superintendent of Education shall evaluate the effectiveness of [attendance] regulations and make further recommendations as appropriate to the State Board of Education. The State Board of Education shall have the opportunity to revisit the regulation s effectiveness on an annual basis. Source: 5 DCMR IV. Ideas for Reform: Proposals debated and removed from the attendance reform legislation in early

8 a. Referring14 to 17 year olds to Child and Family Services Administration (CFSA), after 20 DAYS unexcused absences in 1 year. b. Sentencing parents to parenting classes and community service and possible jail time for failure to complete classes or community service; and c. The above were removed from the legislation that became law, after community pressure. d. See: wire/post/under- catania- bill- parents- could- be- charged- if- teen- child- misses- too- many- school- days/2013/01/22/7b264f20-64ba- 11e2-85f5- a8a9228e55e7_blog.html V. List of Stakeholder Organizations and Agencies 1. LEA: Local Education Agency 2. School Based Support Teams 3. Judges in the Family Court 4. D.C. Superior Court 5. D.C. Superior Court divisions: Court Social Services, Child Guidance Clinic, and the District of Columbia Court panel attorneys and probation officers 6. Mayor s Citywide Truancy Task Force 7. Case Management Partnership Initiative 8. Raise DC Leadership Council 9. D.C. Council Committee on Education 10. D.C. Senior High Alliance of Parents, Principals and Educators (S.H.A.P.P.E.) 11. DC Lawyers for Youth 12. D.C. Superior Court Family Lawyers Bar 13. D.C. Family Strengthening Collaborative Consortium VI. WRAP- UP DC League s Related Position on Education: Special Services: Pupil services in the areas of counseling, mental and physical health, social work and special education must be provided in such a way that they are focused on the specific needs of students and teachers. Procedures must be designed to assure that the identification of needs is followed by action. School programs designed to meet special needs and their financing should be closely coordinated with other community programs working on those same needs. 8

9 Updated July 2013 SY DCPS Truancy Protocol Day 1 Unexcused Absences **Connect-Ed calls to absent students occurs daily ONLY when absence is recorded the same day as absence** 1&2 3 5 & MPD pick-ups * Day 1 Day 3 Day 5 Day 6-9 Day 10 Day Day 25 Age 5-13: SST/Truancy Student becomes Shall refer to chronically truant Absences Conference OAG Phone Call Home Le3er Home (ES, EC &MS) Chancellor Robo Call A3endance IntervenGon Plan Developed MPD Warning Le3er Age 5-13: Shall refer to CFSA Age 14 & up: Shall refer to SST Age 14-17: Shall Refer to OAG/CSS *ConsecuGve Le3er/ withdraw Teacher Attendance/Student Support Team A3endance IntervenGon Attendance Module Counselor in STARS automagcally generates le3ers to school staff for all students who have 5 unexcused absences. 1 1

10 DC Public Schools Attendance Intervention Protocol **Connect- Ed calls to absent students occurs daily ONLY when absence is recorded the same day as absence** # OF ABSENCES SCHOOL ACTION DISTRICT ACTION LEGAL ACTION 1 & 2 (Total) a. Teacher calls home Ø Teachers should inform Attendance Counselor (AC)/ Designee (AD) of any contact attempted/made with parent and on non- working phone numbers. a. **Connect- Ed calls to absent students (occurs daily)** 3 (Unexcused) a. AC/AD mails 3- Day Unexcused Absences Attendance Notice STARS letter and mails to student s home (elementary and middle school and educational center students only). a. Connect- Ed call from Chancellor 5 (Total) a. AC/AD mails 5- Day Total Absences Attendance Notice STARS letter and mails to student s home. Ø AC/AD submits 5- day letter to nurse to: ü Check for the Universal Health Form ü Contact family ü Develop Individual Health Plan for students (i.e. Asthma Action Plan) 5 (Unexcused) & MPD Pick- ups a. AC/AD mails 5- Day Unexcused Absences STARS letter to the student s home requesting an attendance conference b. Student is referred to the Student Support Team (SST) c. Determine and document root cause of absences and intervention in STARS Ø Student, parent/guardian and appropriate school officials develop Student Attendance Support Plan to connect the family to in- school or community resources and city agencies, and to make recommendations for next steps **Follow up within 10- days to track student s progress on next steps identified in attendance conference. Follow up with programs/resources identified for support during attendance conference to determine if student/family is participating** d. Home visit must be conducted, if parent is not responsive to meeting request a. AC/AD mails MPD warning letter a. OYE will monitor 5- day meeting compliance rate b. OYE will review root causes to identify common themes in need of system wide action. 7 (Unexcused) 10 (Total) a. AC/AD mails 10- Day Total Absences STARS letter to the student s home arranging an attendance conference; Ø Student, parent/guardian and appropriate school officials meet to develop or modify Student Attendance Support Plan to connect the family to in- school or community resources and city agencies, and to make recommendations for next steps b. If parent is non- responsive to meeting request, student is referred to SST Updated July

11 DC Public Schools Attendance Intervention Protocol **Connect- Ed calls to absent students occurs daily ONLY when absence is recorded the same day as absence** # OF ABSENCES SCHOOL ACTION DISTRICT ACTION LEGAL ACTION 10 (Unexcused) Student becomes chronically truant 15 (Unexcused) Elementary and middle schools and educational centers (ages 5 13): a. If attendance interventions have been executed and documented in STARS,; Ø AC/AD will complete CFSA educational neglect referral form and to CFSA.EdNeglect@dc.gov and include Attendance Specialist on b. Document referral in STARS adhoc field High school students (ages 14 and up): c. AC/AD refers student to SST for follow- up. SST meets to review student s progress and revise the Student Attendance Support Plan d. SST will notify administrators of all students reaching 10 unexcused absences a. If all interventions have been executed and documented in DC STARS, AC/AD, in conjunction with their attendance specialist, will refer student/family to court in conjunction with Attendance Specialist (students ages 5-17 only) b. Document submission to OYE in STARS adhoc field a. OYE will monitor CFSA referral compliance rate b. OYE will notify MPD & OSSE of all students with 10+ unexcused absences a. OYE will approve and send court referral to OAG/CSS b. OYE will monitor court referral compliance rate 16+ (Unexcused) a. Continue to monitor student s progress and modify Student Support Plan 20* (Unexcused Consecutive) b. AC/AD mails letter to student s home to notify parent/guardian that the student is eligible to be withdrawn from school Ø School must have executed all the above interventions before withdrawal a. Attendance Specialists will review list of students that have been withdrawn and will refer dropped students to Student Placement Team Additional Instructions for MPD Drop- offs 1. Student goes to designated office to sign in 2. AC/AD documents time of entry in adhoc MPD field in STARS 3. AC/AD contacts student s parent/guardian to inform them of MPD pick up a. Print and send STARS MPD Pick Up letter requesting a meeting within 5 days of pick up 4. AC/AD convenes Attendance Conference with parent/guardian to develop Student Support Plan Updated July