STUDENT SUPPORT SERVICES, SHAWN WIRTH, ED.D. 1 P a g e. Irvine Unified School District 5050 Barranca Prkwy.

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1 STUDENT SUPPORT SERVICES, SHAWN WIRTH, ED.D. Irvine Unified School District 5050 Barranca Prkwy. Irvine, CA Phone: (949) Fax: (949) P a g e

2 School Attendance Review Board (SARB) Table of Contents TITLE PAGE General SARB Information... 1 Soft Truancy Fact Sheet... 7 SARB Pamphlet for Parents/Students... 9 Attendance Laws IUSD Board Polices Attendance & SARB P a g e

3 School Attendance Review Board (SARB) General Information DEFINITION: A Community/School-based program that provides and coordinates community service delivery to students with school attendance and behavior problems. SARB..."To meet the needs of students" WHAT IS SARB? SARB was established by the California legislature in 1975 for the purposes of: Making a better effort to meet the needs of students with attendance or behavior problems. Promoting the use of alternatives to the juvenile court system. To achieve these goals, the legislation provides for a multi-agency SARB which includes the following agencies: Children and Family Services, Probation, Law Enforcement, Parents, Parents and/or other Community Representatives, Community-Based Organizations, Child Welfare and Attendance Personnel, School Guidance Personnel, District Attorney's Office. SARB process starts with the identification of attendance and/or behavior problems followed by classroom, school site and district level interventions. SARB is specifically charged with finding solutions to unresolved student attendance and discipline problems by bringing together, on a regular basis, representative of agencies that make up the board. SARB further surveys available community resources, determines the appropriateness of their services, and makes recommendations to meet the needs of referred students. SARB seeks to understand why students are experiencing attendance and behavior problems, and serves as a vehicle to correct those problems. WHO IS REFERRED TO SARB? Students with chronic attendance problems and students with chronic behavior problems which have not been resolved through school and community efforts. Students with 3 or more unexcused absences or truancies, students with over 10 excused absences without a physician s note, or a student who has missed 10% or more of a school year based on total number of days in attendance divided by the total number of school days at time of evaluation. (Example: School started on September 6, the student was absent 8 days as of November 4 th. School has been in session for 40 days at time of evaluation. The student has an absence rate of 20% and is in violation of the law.) WHAT DOES SARB DO FOR STUDENTS? SARB may do the following: Recommend changes in the student's program which might be unusual but necessary. 3 P a g e

4 Assist students to secure employment. Direct the student and/or family to counseling. Arrange parenting classes. Facilitate a student transfer to an alternative school or program when needed. Request assistance from other county agencies and programs when needed. Arrange for tutoring when needed. Coordinate assistance from volunteers to help students get to school. Recommend the establishment of needed resources. Help students understand the importance of school, why they must attend school, and that there are consequences for failure to comply with the law. Refer chronic attendance and/or behavior problems to the County SARB and possibly the District Attorney for further assistance. HOW DO YOU GET HELP FROM SARB? Assistance from SARB may be requested when attendance or behavior problems have not been resolved through existing school and community resources. Referrals to SARB may be made by contacting the principal, supervisor of attendance, or local SARB chairperson. ATTENDANCE PROBLEM CARRY OVER FROM YEAR-TO-YEAR SARB does not carry over from year to year for students who have not appeared at the SARB panel. If a student received letters 1 and 2 last year, but never went to the panel, we must start over. This was a decision of the District Attorney s office in interpreting the how the law is written. Therefore, if you have students who you were continuing from last year, but who were never referred to the panel, you have to start over with SARB 1 letter. We are supposed to give a period of time between letters to allow the student to demonstrate improvement. However, if behavior does not change or worsens during the week following the receipt of the letter, issue letter 2 at the end of that week. If behavior continues or worsens, issue letter 3 at the end of the week that Letter 2 was received. DISTRICT ATTORNEY MEETING The District Attorney has joined forces with a group from the County Department of Education to create what has proven to be a very effective Truancy Reduction Program. Assistant District Attorney Patti Sanchez conducts parent meetings to explain the SARB process and its legal ramifications. The meetings last approximately one hour. It is not required for the assistant principal or principal or representative to appear at these group meetings, however you are always invited. We have joined with Tustin Unified School District to conduct these meetings and have scheduled five meetings for the year. All Meetings will be held at Utt Middle School Multipurpose Room Browning Avenue, Tustin, CA All meetings will begin at 5:00 pm Schools Responsibilities Include the following: Notify Student Services to send the DA Letter Student Services will send letters via certified mail on the day of request. Please allow 4 P a g e

5 ten (10) days advance notice. Student Services will add the name of your student to the sign in sheet for the meeting. Send copy of letters 1 & 2 to Lesley in Student Services The District Attorney s Office has directed us not to refer students to Probation, if they have NOT attended a District Attorney s meeting. To appear before a judge, a student must have been referred to probation. If you do not refer students to the DA s meeting, they will be referred to attend a DA s meeting as part of the SARB Panel actions. If you have Student Services issue a DA Meeting Letter for a student, please make an entry in the student s discipline file that he/she was referred to the District Attorney s Meeting. SARB HEARING If a student continues to be truant after attending the D.A. Meeting a site administrator can refer the student and/or parent to a SARB Hearing. Schools Responsibilities Include the following: Notify Student Services to schedule a SARB Hearing Communicate to the parent that you have requested a SARB Hearing Student Services deliver a subpoena to the family to appear at the Irvine Police Department for the hearing. Student Services with the aid of the site will develop the informational packet to be presented at the hearing. The site administrator will arrive at the hearing early to give the panel background information. The site administrator will present the information when the parent and student are present in the hearing. SARB CONTRACTS SARB Contracts can remain with the student until they are 18 years of or graduate; whichever comes first. Contracts should be reviewed on a regular basis. If the SARB Contract originates at the elementary level and problems reoccur at the secondary level, the SARB process needs to be implemented again. REFERRAL TO PROBATION AND/OR COURT If a student violates their SARB contract, the student can be referred to Probation or Court depending on the age of the student and the circumstances of the case. If you have a student that is in violation of their contract, you need to the Student Services office with the details of the case and a referral will be made for prosecution. MINI DISTRICT ATTORNEY MEETING FOR CHRONIC TARDIES UNDER 30 MINUTES If you have a student that has a chronic tardy problem that are under 30 minutes, you can refer them to a mini District Attorney Meeting at the District Office. This meeting will be an informational meeting describing all of the ill effects of being chronically tardy. These meetings will be set up quarterly and more often if needed. 5 P a g e

6 Suggestions for students who have multiple tardies under 30 minutes: Problem solve with the student Problem solve with parent and student Develop an award system for student Meet parent at drop off time Refer family to appropriate resources as needed Recommend parenting classes through Irvine Family Resource Center Develop a check list/routine for student at bedtime and for morning wake-up Implement progressive discipline Refer family to mini District Attorney Meeting at IUSD 6 P a g e

7 Irvine Unified School District STUDENT SUCCESS BEGINS WITH ATTENDANCE!!! Please help improve student attendance by taking a positive approach to assist in establishing positive attendance patterns and avoid chronic truancy. FACT: Hard Truancies almost always begin with a pattern of Soft Truancies that are not corrected. A Message to Parents and Students: The youth of Orange County are our most precious resource. In order for each individual to reach his/her highest potential, education should be a top priority. Your child s focus begins at home and parents need to understand why it is important for their children to be at school, on time, and throughout the entire scheduled day. School Attendance Laws and Parent/Student Responsibilities: All persons 6 through 18 years of age are required by California State Law to attend school. Parents have a legal responsibility to ensure their child s attendance. (Education Code Section 48200) A pupil is considered truant if he/she is absent for more than 3 full days in one school year without a valid excuse; tardy or absent for more than a 30-minute period during the school day without valid excuse on 3 occasions in one school year, or any combination thereof. (Education Code Section 48260) A pupil who is absent from school without a valid excuse for ten percent or more of the school days in one school year, from the date of enrollment to the current date, is deemed a chronic truant. (Education Code Section ) A student s refusal to attend school regularly can result in a referral to the School Attendance Review Board (SARB); to Juvenile Probation or the Juvenile Court System. (Education Code Section 48260) Parents who fail to compel their child s attendance may face criminal prosecution and penalties. (Education Code Section 48291) Any pupil who has once been reported as a truant and who is again absent from school without a valid excuse one or more days, or tardy on one or more days, shall again be reported as a truant to the attendance supervisor or the superintendent of the district. (Education Code Section 48261) If any minor pupil in any district of a county is a habitual truant, or is irregular in attendance at school, as defined in this article, or is habitually insubordinate or disorderly during attendance at school, the pupil may be referred to a school attendance review board. (Education Code Section 48263) 7 P a g e

8 WHAT IS SOFT TRUANCY? Soft Truancy is a negative pattern that often leads to direct violation of the Education Code of California. Soft Truancy includes, but is not limited to: o Bringing a child late to school (less than 30 minutes). o Picking up your child early for family outings, vacations, frequent medical appointments or business, or even trying to avoid traffic. o Excusing a student as ill more than 10 days without medical verification. o Frequent excused absences. o Keeping an older child home to baby-sit. o Keeping an older child home to work. o Irregular attendance. o Taking vacation during school. AVOID TRUANCY o o o o o Be on time every day. Stay in school all day. Have a specified area at home for all school materials. Parents should call the school office or send a note when a student is ill and provide a medical note whenever possible. Work hard and try hard. AWARENESS TIPS Be sure to always follow all District and Site Attendance Policies. Students need to understand that education should be their top priority. To get the best start in life, a child needs a good education. If your child does not go to school, he or she will fall behind other students. If your child is not in school, he or she can t get the grades needed to graduate. Young people who miss school are often victims or perpetrators of crimes. Tardies and leaving school early should be an exception, not a norm. FACTS RELATED TO NON ATTENDANCE Children are absent more on Mondays and Fridays. Children stay home more often on rainy days, inclement weather, and the day after a school holiday. Children who ride the bus to school are absent more frequently than children who walk. Children who do not eat breakfast are absent more often than children who do. Children who are truant commit the majority of daytime burglaries. Children's absence patterns are established as early as kindergarten. Children's older siblings frequently set attendance patterns in a family. Children who are excessively absent suffer losses in educational achievement and perform poorly on tests. Children who are excessively absent are at greater risk of dropping out and becoming involved in delinquent behavior. 8 P a g e

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11 Attendance Laws Compulsory Education Education Code 48200: Each person between the ages of 6 and 18 years not exempted under the provisions of this chapter or Chapter 3 (commencing with Section 48400) is subject to compulsory full-time education. Each person subject to compulsory full-time education and each person subject to compulsory continuation education not exempted under the provisions of Chapter 3 (commencing with Section 48400) shall attend the public full-time day school or continuation school or classes and for the full time designated as the length of the school day by the governing board of the school district in which the residency of either the parent or legal guardian is located and each parent, guardian, or other person having control or charge of the pupil shall send the pupil to the public full-time day school or continuation school or classes and for the full time designated as the length of the school day by the governing board of the school district in which the residence of either the parent or legal guardian is located. Unless otherwise provided for in this code, a pupil shall not be enrolled for less than the minimum school day established by law. School Attendance Review Board - SARB Education Code 48263: If any minor pupil in any district of a county is an habitual truant, or is irregular in attendance at school, as defined in this article, or is habitually insubordinate or disorderly during attendance at school, the pupil may be referred to a school attendance review board or to the probation department for services if the probation department has elected to receive these referrals. The supervisor of attendance, or any other persons the governing board of the school district or county may designate, making the referral shall notify the minor and parents or guardians of the minor, in writing, of the name and address of the board or probation department to which the matter has been referred and of the reason for the referral. The notice shall indicate that the pupil and parents or guardians of the pupil will be required, along with the referring person, to meet with the school attendance review board or probation officer to consider a proper disposition of the referral. If the school attendance review board or probation officer determines that available community services can resolve the problem of the truant or insubordinate pupil, then the board or probation officer shall direct the pupil or the pupil's parents or guardians, or both, to make use of those community services. The school attendance review board or probation officer may require, at any time that it determines proper, the pupil or parents or guardians of the pupil, or both, to furnish satisfactory evidence of participation in the available community services. If the school attendance review board or probation officer determines that available community services cannot resolve the problem of the truant or insubordinate pupil or if the pupil or the parents or guardians of the pupil, or both, have failed to respond to directives of the school attendance review board or probation officer or to services provided, the school attendance review board may, pursuant to Section , notify the district attorney or the probation officer, or both, of the county in which the school district is located, or the probation officer may, pursuant to Section , notify the district attorney, if the district attorney or the probation officer has elected to participate in the truancy mediation program described in that section. If the district attorney or the probation office has not elected to participate in the truancy mediation program described in Section , the school attendance review board or probation officer may direct the county superintendent of schools to, and, thereupon, the county superintendent of schools shall, request a petition on behalf of the pupil in the juvenile court of the county. Upon presentation of a petition on behalf of a pupil, the juvenile court of the county shall hear all evidence relating to the petition. The school attendance review board or the probation officer shall submit to the juvenile court documentation of efforts to secure attendance as well as its recommendations on what action the juvenile court shall take in order to bring about a proper disposition of the case. In any county which has not established a school attendance review board, if the school district determines that available community resources cannot resolve the problem of the truant or insubordinate pupil, or if the pupil or the pupil's parents or guardians, or both, have failed to respond to the directives of the school district or the services provided, the school district, pursuant to Section , may notify the district attorney or the probation officer, or both, of the county in which the school district is located, if the district attorney or the probation officer has elected to participate in the truancy mediation program described in Section Definition of a Truant The California Legislature defined a truant in very precise language. In summary, it states that a student missing more than 30 minutes of instruction without an excuse three times during the school year must be classified as a truant and reported to the proper school authority. This classification and referral helps emphasize the importance of school attendance and is intended to help minimize interference with instruction. The California Education Code (EC) Section that defines a truant reads as follows: EC Section (a): Any pupil subject to compulsory full-time education or compulsory continuation education who is absent from school without a valid excuse three full days or tardy or absent more than any 30-minute period during the school day without a valid excuse on three occasions in one school year, or any 11 P a g e

12 combination thereof, is a truant and shall be reported to the attendance supervisor or the superintendent of the school district. Definition of a Chronic Truant Effective January 1, 2011, EC Section : Any pupil subject to compulsory full-time education or to compulsory continuation education who is absent from school without a valid excuse for ten percent or more of the school days in one school year, from the date of enrollment to the current date, is deemed a chronic truant, provided that the appropriate school district officer or employee has complied with EC sections 48260, , 48261, 48262, 48263, and Mandated Attendance Investigations Education Code 48290: The governing board of any school district, shall, on the complaint of any person, make full and impartial investigation of all charges against any parent, guardian, or other person having control or charge of any child, for violation of any of the provisions of this chapter. Filing Criminal Complaints Education Code 48291: If it appears upon investigation that any parent, guardian, or other person having control or charge of any child has violated any of the provisions of this chapter, the secretary of the board of education, except as provided in Section 48292, or the clerk of the board of trustees, shall refer such person to a school attendance review board. In the event that any such parent, guardian, or other person continually and willfully fails to respond to directives of the school attendance review board or services provided, the school attendance review board shall direct the school district to make and file in the proper court a criminal complaint against the parent, guardian, or other person, charging the violation, and shall see that the charge is prosecuted by the proper authority. In the event that a criminal complaint is not prosecuted by the proper authority as recommended, the official making the determination not to prosecute shall provide the school attendance review board with a written explanation for the decision not to prosecute. First Notification Mandate In addition to the reporting requirement, the law states that the school district must notify the parent or guardian of the truant by the most cost-effective method possible, and that the notification must include specific information related to the student's unexcused absences. The EC Section regarding notification reads as follows: EC Section : Upon a pupil's initial classification as a truant, the school district shall notify the pupil's parent or guardian, by using the most cost-effective method possible, which may include electronic mail or a telephone call: (a) That the pupil is a truant. (b) That the parent or guardian is obligated to compel the attendance of the pupil at school. (c) That parents or guardians who fail to meet this obligation may be guilty of an infraction and subject to prosecution pursuant to Article 6 (commencing with Section 48290) of Chapter 2 of Part 27. (d) That alternative educational programs are available in the district. (e) That the parent or guardian has the right to meet with appropriate school personnel to discuss solutions to the pupil's truancy. (f) That the pupil may be subject to prosecution under Section (g) That the pupil may be subject to suspension, restriction, or delay of the pupil's driving privilege pursuant to Section of the Vehicle Code. (h) That it is recommended the parent or guardian accompany the pupil to school and attend classes with the pupil for one day. Habitual Truant Mandate The law further requires that after a student has been reported as a truant three or more times in one school year and after an appropriate school employee has made a conscientious effort to hold at least one meeting with the parent and the student, the student is deemed a habitual truant. The intent is to provide solutions for students who failed to respond to the normal avenues of school intervention, and the most cost-effective method possible should be used to notify the parent or guardian about the meeting at the school. The EC Section outlining habitual truancy reads as follows: 12 P a g e

13 EC Section 48262: Any pupil is deemed an habitual truant who has been reported as a truant three or more times per school year, provided that no pupil shall be deemed an habitual truant unless an appropriate district officer or employee has made a conscientious effort to hold at least one conference with a parent or guardian of the pupil and the pupil himself, after the filing of either of the reports required by Section or Section For the purposes of this section, a conscientious effort means attempting to communicate with the parents of the pupil at least once using the most cost-effective method possible, which may include electronic mail or a telephone call. Interventions When a student is a habitual truant, or is irregular in attendance at school, or is habitually insubordinate or disorderly during school, the student may be referred to a school attendance review board (SARB) or to the county probation department pursuant to EC Section The student may also be referred to a probation officer or district attorney mediation program pursuant to EC Section The intent of these laws is to provide intensive guidance to meet the special needs of students with school attendance problems or school behavior problems pursuant to EC Section These interventions are designed to divert students with serious attendance and behavioral problems from the juvenile justice system and to reduce the number of students who drop out of school. Penalties (Student) The law provides schools and school districts with discretion regarding student penalties for truancy as long as they are consistent with state law. The penalties for truancy for students defined in EC Section become progressively severe from the first the time a truancy report is required through the fourth time a truancy report is required. The EC Section regarding penalties for students who are truant reads as follows: EC Section : Any minor who is required to be reported as a truant pursuant to Section or may be required to attend makeup classes conducted on one day of a weekend pursuant to subdivision (c) of Section and is subject to the following: (a) The first time a truancy report is required, the pupil may be personally given a written warning by any peace officer specified in Section of the Penal Code. A record of written warning may be kept at the school for a period of not less than two years, or until the pupil graduates or transfers, from that school. If the pupil transfers, the record may be forwarded to any school receiving the pupil's school records. A record of the written warning may be maintained by the law enforcement agency in accordance with that law enforcement agency's policies and procedures. (b) The second time a truancy report is required within the same school year, the pupil may be assigned by the school to an after school or weekend study program located within the same county as the pupil's school. If the pupil fails to successfully complete the assigned study program, the pupil shall be subject to subdivision (c). (c) The third time a truancy report is required within the same school year, the pupil shall be classified a habitual truant, as defined in Section 48262, and may be referred to and required to attend, an attendance review board or a truancy mediation program pursuant to Section or pursuant to Section of the Welfare and Institutions Code. If the district does not have a truancy mediation program, the pupil may be required to attend a comparable program deemed acceptable by the school district's attendance supervisor. If the pupil does not successfully complete the truancy mediation program or other similar program, the pupil shall be subject to subdivision (d). (d) The fourth time a truancy is required to be reported within the same school year, the pupil shall be within the jurisdiction of the juvenile court which may adjudge the pupil to be a ward of the court pursuant to Section 601 of the Welfare and Institutions Code. If the pupil is adjudged a ward of the juvenile court, the pupil shall be required to do one or more of the following: (1) Performance at court-approved community services sponsored by either a public or private nonprofit agency for not less than 20 hours but not more than 40 hours over a period not to exceed 90 days, during a time other than the pupil's hours of school attendance or employment. The probation officer shall report to the court the failure to comply with this paragraph. (2) Payment of a fine by the pupil of not more than one hundred dollars ($100) for which a parent or guardian of the pupil may be jointly liable. (3) Attendance of a court-approved truancy prevention program. (4) Suspension or revocation of driving privileges pursuant to Section of the Vehicle Code. This 13 P a g e

14 subdivision shall apply only to a pupil who has attended a school attendance review board program, or a truancy mediation program pursuant to subdivision (c). Education Code Penalties (Parent) Penalties against parents apply when any parent, guardian, or other person having control or charge of any student fails to compel the student to attend school. The penalties against parents in EC Section (a) become progressively severe with a second and third conviction. The EC Section regarding penalties for parents of a truant reads as follows: EC Section (a): Any parent, guardian, or other person having control or charge of any pupil who fails to comply with this chapter, unless excused or exempted there from, is guilty of an infraction and shall be punished as follows: (1) Upon a first conviction, by a fine of not more than one hundred dollars ($100). (2) Upon a second conviction, by a fine of not more than two hundred fifty dollars ($250). (3) Upon a third or subsequent conviction, if the person has willfully refused to comply with this section, by a fine of not more than five hundred dollars ($500). In lieu of the fines prescribed in paragraphs (1), (2), and (3), the court may order the person to be placed in a parent education and counseling program. EC Section (b): A judgment that a person convicted of an infraction be punished as prescribed in subdivision (a) may also provide for the payment of the fine within a specified time or in specified installments, or for participation in the program. A judgment granting a defendant time to pay the fine or prescribing the days of attendance in a program shall order that if the defendant fails to pay the fine, or any installment thereof, on the date it is due, he or she shall appear in court on that date for further proceedings. Willful violation of this order is punishable as contempt. EC Section (c): The court may also order that the person convicted of the violation of subdivision (a) immediately enroll or re-enroll the pupil in the appropriate school or educational program and provide proof of enrollment to the court. Willful violation of an order under this subdivision is punishable as civil contempt with a fine of up to one thousand dollars ($1,000). An order of contempt under this subdivision shall not include imprisonment. Penal Code Penalties (Parent) In addition to the EC penalties for parents in Section 48293, Penal Code Section is effective January 1, 2011 and provides penalties for a parent or guardian of a pupil of six years of age or more who is in kindergarten or any of the grades from one to eight: Penal Code Section (a) A parent or guardian of a pupil of six years of age or more who is in kindergarten or any of grades one to eight, inclusive, and who is subject to compulsory full-time education or compulsory continuation education, whose child is a chronic truant as defined in Section of the EC, who has failed to reasonably supervise and encourage the pupil's school attendance, and who has been offered language accessible support services to address the pupil's truancy, is guilty of a misdemeanor punishable by a fine not exceeding two thousand dollars ($2,000), or by imprisonment in a county jail not exceeding one year, or by both that fine and imprisonment. A parent or guardian guilty of a misdemeanor under this subdivision may participate in the deferred entry of judgment program defined in subdivision (b). (b) A superior court may establish a deferred entry of judgment program that includes the components listed in paragraphs (1) to (7), inclusive, to adjudicate cases involving parents or guardians of elementary school pupils who are chronic truants as defined in Section of the EC: (1) A dedicated court calendar. (2) Leadership by a judge of the superior court in that county. (3) Meetings, scheduled and held periodically, with school district representatives designated by the chronic truant's school district of enrollment. Those representatives may include school psychologists, school counselors, teachers, school administrators, or other educational service providers deemed appropriate by the school district. (4) Service referrals for parents or guardians, as appropriate to each case that may include, but are not limited to, all of the following: 14 P a g e

15 (A) Case management. (B) Mental and physical health services. (C) Parenting classes and support. (D) Substance abuse treatment. (E) Child care and housing. (5) A clear statement that, in lieu of trial, the court may grant deferred entry of judgment with respect to the current crime or crimes charged if the defendant pleads guilty to each charge and waives time for the pronouncement of judgment and that, upon the defendant's compliance with the terms and conditions set forth by the court and agreed to by the defendant upon the entry of his or her plea, and upon the motion of the prosecuting attorney, the court will dismiss the charge or charges against the defendant and the same procedures specified for successful completion of a drug diversion program or a deferred entry of judgment program pursuant to Section and the provisions of Section shall apply. (6) A clear statement that failure to comply with any condition under the program may result in the prosecuting attorney or the court making a motion for entry of judgment, whereupon the court will render a finding of guilty to the charge or charges pled, enter judgment, and schedule a sentencing hearing as otherwise provided in this code. (7) An explanation of criminal record retention and disposition resulting from participation in the deferred entry of judgment program and the defendant's rights relative to answering questions about his or her arrest and deferred entry of judgment following successful completion of the program. (c) Funding for the deferred entry of judgment program pursuant to this section shall be derived solely from non-state sources. (d) A parent or guardian of an elementary school pupil who is a chronic truant, as defined in Section of the EC, may not be punished for a violation of both this section and the provisions of Section 272 that involve criminal liability for parents and guardians of truant children. (e) If any district attorney chooses to charge a defendant with a violation of subdivision (a) and the defendant is found by the prosecuting attorney to be eligible or ineligible for deferred entry of judgment, the prosecuting attorney shall file with the court a declaration in writing, or state for the record, the grounds upon which that determination is based. SEC. 3. No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIII B of the California Constitution. Penal Code Section 272. (a)(1) Every person who commits any act or omits the performance of any duty, which act or omission causes or tends to cause or encourage any person under the age of 18 years to come within the provisions of Section 300, 601, or 602 of the Welfare and Institutions Code or which act or omission contributes thereto, or any person who, by any act or omission, or by threats, commands, or persuasion, induces or endeavors to induce any person under the age of 18 years or any ward or dependent child of the juvenile court to fail or refuse to conform to a lawful order of the juvenile court, or to do or to perform any act or to follow any course of conduct or to so live as would cause or manifestly tend to cause that person to become or to remain a person within the provisions of Section 300, 601, or 602 of the Welfare and Institutions Code, is guilty of a misdemeanor and upon conviction thereof shall be punished by a fine not exceeding two thousand five hundred dollars ($2,500), or by imprisonment in the county jail for not more than one year, or by both fine and imprisonment in a county jail, or may be released on probation for a period not exceeding five years. (1) For purposes of this subdivision, a parent or legal guardian to any person under the age of 18 years shall have the duty to exercise reasonable care, supervision, protection, and control over their minor child. (b) (1) An adult stranger who is 21 years of age or older, who knowingly contacts or communicates with a minor who is under 14 years of age, who knew or reasonably should have known that the minor is under 14 years of age, for the purpose of persuading and luring, or transporting, or attempting to persuade and lure, or transport, that minor away from the minor's home or from any location known by the minor's parent, legal guardian, or custodian, to be a place where the minor is located, for any purpose, without the express consent of the minor's parent or legal guardian, and with the intent to avoid the consent of the minor's parent or legal guardian, is guilty of an infraction or a misdemeanor, subject to subdivision (d) of Section 17. (2) This subdivision shall not apply in an emergency situation. (3) As used in this subdivision, the following terms are defined to mean: 15 P a g e

16 (A) "Emergency situation" means a situation where the minor is threatened with imminent bodily harm, emotional harm, or psychological harm. (B) "Contact" or "communication" includes, but is not limited to, the use of a telephone or the Internet, as defined in Section of the Business and Professions Code. (C) "Stranger" means a person of casual acquaintance with whom no substantial relationship exists, or an individual with whom a relationship has been established or promoted for the primary purpose of victimization, as defined in subdivision (e) of Section 6600 of the Welfare and Institutions Code. (D) "Express consent" means oral or written permission that is positive, direct, and unequivocal, requiring no inference or implication to supply its meaning. (4) This section shall not be interpreted to criminalize acts of persons contacting minors within the scope and course of their employment, or status as a volunteer of a recognized civic or charitable organization. (5) This section is intended to protect minors and to help parents and legal guardians exercise reasonable care, supervision, protection, and control over minor children. Board Policy Students Attendance Supervision Board Policies Improving student attendance and reducing the dropout rate is a District priority. Pursuant to EC 48200, every child from the age of 6 to 18 in the District is required to attend school regularly unless otherwise provided by law in order to make a successful transition to the next grade level and to graduate with a high school diploma. All enrolled students, regardless of age, will be held to the same District school attendance rules. The Irvine Unified School District Board of Education recognizes that a vigilant supervision of attendance to improve attendance rates and graduation rates and to reduce truancy and dropout rates is vital to the learning and achievement of all children. Because supervision of attendance is an essential component of an effective school attendance program, the Superintendent will designate a district employee to supervise attendance. The Attendance Specialist will be responsible for managing an attendance program that reaches every student, is conducted in collaboration with local resources, uses truancy and dropout data to modify interventions, and shares outcomes with the County Superintendent, all SARB representatives, and the Board of Education. Among other duties that may be required by the Board shall be those specific duties related to compulsory fulltime education, truancy, work permits, compulsory continuation education, and opportunity schools, classes, and programs. (EC 48240) Limiting Excused Absences and Eliminating Unexcused Absences The Coordinator of Student Services and the Attendance Specialist must ensure that the attendance program limits excused absences and decreases unexcused absences. EC enumerates the reasons for excused absences, and the Coordinator of Student Services, the Principal, or the SARB may require verification by a school official or physician if absences for health reasons appear excessive and may require prior notice from 16 P a g e

17 parents for absences excused for justifiable personal reasons, such as non-emergency appointments or permitted religious instruction or retreats. (EC 46014, 48205) Students who are 18 years of age or older or who are emancipated may provide their own excuses for absences, and the Principal, Assistant Principal, or Site Attendance Clerk may require verification from a physician or designated school official when necessary. (EC 46012) The Coordinator of Student Services shall ensure that the district Student Attendance Review Board (SARB) convenes regularly and follows all state, county, and district policies and laws to successfully conduct panel hearings and make recommendations for interventions, placements, and other actions as proscribed by California Education Code. The Coordinator will submit annual reports of the SARB to the Board at the end of each school year. Legal References: Education Codes 1740 Employment of personnel to supervise attendance (county superintendent) Computation of revenue limits School month Weekend classes Reports of average daily attendance Apportionments Records (attendance) Absences Attendance in kindergarten and elementary schools Attendance in junior high and high schools Children ages 6-18 (compulsory full-time attendance) Exclusions from attendance Supervisors of attendance Truants Criminal complaint against parent Filing complaint against parent Relating to truants, fine for non-attendance School attendance review boards Improvement of student attendance Unexcused absences as cause of failing grade Policy Adopted: January 12, P a g e

18 ADMINISTRATIVE REGULATION IRVINE UNIFIED SCHOOL DISTRICT S.A.R.B. School Attendance Review Board Attendance Monitoring and The Student Attendance Review Board (SARB) Parents/guardians of children are welcome partners in improving the school attendance of their children. Trust and collaboration should be the objective in communicating and interacting with parents about school attendance problems. The Coordinator of Student Services and other staff responsible for supervising attendance shall use appropriate formal and informal school attendance notifications and shall facilitate open, honest, and blame-free discussions about school attendance before designating students as habitual truants. The Coordinator of Student Services in coordination with the District s Attendance Specialist will conduct full and impartial investigations of all school attendance complaints or referrals and may forward cases of persistent irregular attendance or habitual truancy to the SARB for a proper disposition. The Coordinator of Student Services will ensure that the SARB panel convenes monthly to review and take action upon student cases of irregular attendance, truancy, and behavioral issues. (EC 48262, 48263, 48290) School attendance is a community concern, and The Coordinator of Student Services must collaborate with all appropriate agencies, including law enforcement agencies, as partners in the SARB process to meet the special needs of pupils with school attendance or school behavior problems. (EC 48262, 48263, 48291) Duties of The Coordinator of Student Services and the District Attendance Specialist The Coordinator of Student Services in coordination with the Attendance Specialist shall have the following duties of monitoring attendance, developing strategies for truancy reduction, and coordinating the School Attendance Review Board: Attendance Monitoring Act as a resource to school or District staff regarding attendance issues, and provide training, as necessary, related to record keeping for student attendance, early identification of truancy, and data collection for truancy rates, graduation rates, and dropout rates P a g e

19 Collect, analyze, and report truancy data, graduation-rate data, and dropout data as ongoing activities for appropriate school, District, and county personnel to inform decisions about site-level, District-level, and county-level attendance and behavior interventions. Maintain data on the successful transfer of students from and to alternative school programs, charter schools, and other schools in the District or County. Provide an opportunity for parents or guardians to challenge the accuracy of attendance records that could impact the determination of grades, CalWORKS benefits, or involuntary transfers (EC 49070). For students in private schools, verify that the students private schools have filed Private School Affidavits with the State Superintendent of Public Instruction. If a complaint or referral has been submitted regarding the attendance of a minor in a school that has filed a Private School Affidavit, investigate the case by analyzing the student s private school attendance register. If the private school attendance record is not available or does not show regular school attendance during the days that the private school is maintained during the year, the student shall be referred to the SARB to determine the disposition of the case. (EC 48290, 48222, 48223, 48290, 48291) Developing and Coordinating Strategies for Truancy Reduction Coordinate truancy-prevention strategies based on the early identification of truancy, such as prompt notification of absences in the parents native language, selective approval of work permits, assignments of weekend school instruction, and counseling for truants. Assist school or District staff to develop site attendance plans by providing youth development strategies, resources, and referral procedures. Explain District and county policies, regulations, and procedures. Maintain an inventory of local alternative educational programs and community resources, and employ those programs and resources to meet the differential needs of students with school attendance or school behavior problems. Inform parents/guardians of truant students about alternative educational programs in the District to which the student may be assigned. (EC 48322) Encourage and coordinate the adoption of attendance-incentive programs at school sites and in individual classrooms that reward and celebrate good attendance and significant improvements in attendance. Coordinate site-level Student Success Teams (SSTs) or School Attendance Review Teams (SARTs) to reduce truancy and collect data on the outcomes of those meetings at each grade level. 19 P a g e

20 SARB Responsibilities for Dropout Prevention Review the school attendance record and other documentation to determine the adequacy of all cases referred to the SARB and to determine if special arrangements or experts will be needed for the meeting. If the case warrants the resources of the SARB panel, schedule a SARB meeting with the parent and the family. If the referral contains inadequate information or if appropriate schoollevel intervention has not been attempted, remand the case to the school for further work. Ensure that SARB meetings maintain high expectations for all students, and ensure that families and youth are involved in selecting resources and services. Refer students with attendance or behavior problems that cannot be resolved by the SARB to the appropriate agency, including law enforcement agencies when necessary. Also, refer parents or guardians who continually and willfully fail to respond to SARB directives or services provided to the appropriate agencies, including law enforcement agencies. (EC 48290) Develop and submit follow-up reports to the SARB on all directives and agreements made at the SARB meetings, especially student agreements to attend school or improve school behavior. Use age-appropriate habitual-truancy petitions to the courts when necessary, such as petitions to suspend or delay the driving privilege for students from 13 to 18 years of age. (Vehicle Code ) Collect data and report outcomes on SARB referrals as needed for the annual report to the County Superintendent of Schools, with copies forwarded to the District Superintendent and the Board. (EC 48273) Policy SARB (School Attendance Review Board) Related Policies: 5113 Verification of Student Absences 5120 Involuntary Student Transfers Students Participating in Religious Exercises EC Absences EC Compulsory Education Laws Vehicle Code: Driving Privileges 20 P a g e

21 BOARD POLICY IRVINE UNIFIED SCHOOL DISTRICT BP 5133 VERIFICATION OF STUDENT ABSENCES Student absences will be verified through written or verbal communication from the parent or guardian through persons authorized to accept such verification: administrators, counselors, teachers, school nurse, and classified employees working with pupil personnel attendance services. Note: Students eighteen years and older have the authority to provide their own verification. Legal Reference: Education Code 1740 Employment of personnel to supervise attendance (county superintendent) School month Weekend classes Reports of average daily attendance Records (attendance) Absences Attendance in kindergarten and elementary schools Attendance in junior high and high schools Attendance of physically handicapped pupils Attendance of educational handicapped pupils Children between ages of 6 and 16 years (compulsory full-time attendance) Absence for justifiable personal reasons et seq. Supervisors of attendance Truants Filing complaint against parent School Attendance Review Boards et seq. Improvement of pupil attendance Annual disclosure of actual pupil attendance rates in district Disclosure of pupil attendance rates; certification 49067(b) Unexcused absences as cause for failing grade Administrative Code: Title 306 Explanation of absence Policy Adopted: October 24, P a g e