Greene County Truancy Reduction Protocol

Transcription

1 Greene County Truancy Reduction Protocol The purpose of the Greene County Truancy Reduction Protocol is to ensure coordination and cooperation among officials, agencies, and programs involved in compulsory attendance issues, to reduce the number of unexcused absences from school, and to increase the percentage of students present to take required tests. This document includes a protocol for improving school attendance and for addressing and decreasing the incidence of truancy in Greene County. The protocol is intended to address the identification, reporting, investigation, and prosecution of cases of alleged violations of the compulsory attendance law. This protocol reflects commitments of local agencies, organizations, and individuals to promote the educational progress of children and families in Greene County. The Protocol Committee may make recommendations to the local Board of Education regarding attendance policy and procedures, and may develop guidelines for collaboration between local and state agencies having an interest or function related to educational achievement and school attendance in Greene County. Additionally, this Committee has agreed upon procedures, which are intended to allow the reduction of truancy at the individual, family, and community levels. It is understood, however, that these procedures are general guidelines, and extenuating circumstances may be considered, as allowable by law, for each student and family. In addition, it is understood that each state and local agency involved must first adhere to its own policies, which were considered in the development of this protocol. Greene County Truancy Reduction Protocol I. Definitions For the purposes of this Truancy Protocol, the following terms and definitions will be used: Attendance Protocol Procedures to be used to identify, report, investigate, and prosecute cases of alleged violations of the compulsory attendance law, to address the issue of truancy with parents and guardians, and to make recommendations for policies relating to tardiness. Truancy Protocol Committee A committee established by the chief judge of the Superior Court of Greene County for the purpose of insuring coordination and cooperation among officials, agencies, and programs involved in compulsory attendance issues, to reduce the number of unexcused absences from school, and to increase the percentage of students present to take tests which are required to be administered under the laws of this state. 1

2 Parent Any person residing within this state having control of any child or children between their sixth and sixteenth birthdays. Tardiness to School - Arrival at school after the first bell. Tardiness to Class - Arrival in the classroom after the tardy bell. Truancy - Habitual absences from school in violation of the compulsory attendance law. Truant - Any child subject to the compulsory attendance law who during the school calendar year has more than five days of unexcused absences. II. School System Procedures Greene County School District will develop school attendance plans at the elementary, middle, and high school levels to support and monitor the daily school attendance of students. School attendance plans will be based on Georgia Law, State Board of Education Rules, and Greene County School District Board of Education policies and will be compatible with procedures developed by the Greene County Attendance Protocol. Greene County schools will monitor student attendance daily. Codes for attendance used in the student records database (SASI) will be consistent among schools to indicate excused absences, unexcused absences, excused tardies, unexcused tardies, early withdrawals, in-school suspensions, and out-of-school suspensions. Excused absences shall be delineated by the reason for the excuse. The Board of Education will adopt and/or will continue to enforce policies that address student attendance. Each school will create a building level procedure in accordance with these policies and with the GCSD framework for school attendance plans. School attendance procedures will be available for public review. At the beginning of each school year, or upon enrollment, parents and guardians will be given notice of State Compulsory Attendance Law pursuant to O.C.G.A. Code This notice will describe the requirements of the law and the penalties and consequences for violations of the compulsory attendance law. The notice will emphasize that each day s absence from school, after parents are notified of five unexcused absences, constitutes a separate violation. This notice may be printed in the student agenda book and/or in a letter distributed to families and appropriate students. The school will make reasonable efforts to ensure receipt and comprehension of the policy by requesting signatures from parents/guardians that this notice was received and understood. At the middle and high schools, students will also receive this notice and provide a signature. At the elementary schools, this notice will be given to all students who have reached age ten (10) or above by September 1 of that school year. Notices will be available in English and in Spanish. Daily attempts will be made to call the parents/guardians of absent students using the Phone Master system. Messages will be delivered in English and in Spanish and will state the expectation that parents should write notes to explain the absence to the school. After a designated number of absences, typically three (3) unexcused absences, teachers will contact parents in a helping manner to inquire about the reasons for the absences and 2

3 to offer assistance. If barriers to school attendance are identified, teachers and/or the designated administrator should initiate referrals to school resources. School resources may include, but are not limited to, referrals to the school counselor, after-school programs, Student Support Team, or the Individual Education Plan process. If unexcused absences continue and reach the level of five (5) unexcused absences, the teacher and/or designated administrator will initiate another attempt to reach the parents. The manner of this contact will vary depending on the school attendance plan and may include telephone calls, letters, and conferences. After two reasonable attempts to reach the parents with no response, the school will send a letter to the parents by certified mail with return receipt requested. The letter will state the number of absences, the expectations for school attendance, and the consequences and penalties for violations of the compulsory attendance law. If teachers and/or designated administrators are not able to reach parents, and if absences continue to increase in number, school personnel have the option of referring students to the school social worker based on the school attendance plan, usually when a student accumulates six (6) unexcused absences. School personnel in the high school will first notify high school counselors about students with excessive absences. High school counselors and the school social worker will confer about the appropriate referrals for support services. Once a referral is made to the school social worker, the school social worker (SSW) will: 1) make contact with the family to assess the factors affecting school attendance, 2) develop and implement an intervention plan to address barriers to school attendance, 3) monitor student attendance, and 3) access school and community resources to meet identified student and/or family needs. If school attendance does not improve following the intervention, the school social worker may initiate a referral to the Greene County Interagency Council and/or to Greene County Juvenile Court. Teenage and Adult Driver Responsibility Act Implementation Guidelines The superintendent or visiting teacher shall use their best efforts to notify any child 14 years of age or older who has only three absences remaining prior to violating the attendance requirements contained in subsection (a.1) of Code Section Such notification shall be made via first-class mail. The superintendent or visiting teacher shall report to the State Board of Education, which shall, in turn, report to the Department of Motor Vehicle Safety any child 14 years of age or older who does not meet the attendance requirements contained in subsection (a.1) of Code Section Such report shall include the child s name, current address, and social security number, if known. The department shall forthwith notify by certified mail or statutory overnight delivery, return receipt request, any minor issued an instruction permit or driver s license in accordance with this subsection other than a minor who has terminated his or her 3

4 secondary education and is enrolled in a postsecondary school that such minor s instruction permit or driver s license is suspended subject to review provided the department receives notice pursuant to Code Section that indicates that such minor: (a) Has dropped out of school without graduating and has remained out of school for 10 consecutive days: (b) Has more than ten consecutive school days of unexcused absences in any semester or combination of tow consecutive quarters: or (c) Has been suspended from school for: - Threatening, striking, or causing bodily harm to a teacher or other school personnel; - Possession or sale of drugs or alcohol on school property; or - Possession or use of a weapon on school property. - Any sexual offense prohibited under Chapter 6 of Title 16: or - Causing substantial physical or visible bodily harm to or seriously disfiguring another person, including another student. III. Prosecution for Violation of the School Attendance Law O.C.G.A requires any person in this State who has control or charge of a child between the ages of six and sixteen to enroll and send that child to school, including public, private and home schooling. A child is responsible to attend school and is subject to adjudication in Greene County Juvenile Court as an unruly child for violation of this statute. If a parent, guardian or other person who has control or charge of the child causes the child s absence, then that person, and not the child, is in violation of this statute. Such a violation is a misdemeanor and carries a penalty of a fine not less than $25.00 or more than $100.00, imprisonment not to exceed 30 days, community service, or any combination of such penalties. The law specifies that each day s absence constitutes a separate offense. Unexcused absences shall be clearly defined with written notice to parents by school board policy. For purposes of this Protocol, the term parent may include any adult who has charge and control over the child, including a biological, adoptive, foster, or step-parent, a guardian or any other person who has control or charge of the child s attendance at school. In this regard, two parents residing in the same household with the child are equally responsible for the child s attendance at school. Once unexcused tardies or early checkouts become excessive in the judgment of school officials, a contact will be made with the student and/or parents. If the situation continues, a referral will be made to the SSW, who may refer the child and/or parents to the Interagency Council. 4

5 For the purposes of this Protocol, habitual truancy or absence is defined as six (6) or more days of unexcused absence from school. Parents will receive a letter from the school at five (5) unexcused absences to notify them of consequences of future unexcused absences. A referral will be made to the SSW at six (6) unexcused absences and she will work with family to develop a plan for improving attendance At 10 (ten) unexcused absences, the parents will be invited to attend an Interagency Council meeting, where the family s circumstances will be reviewed. At this meeting the following options will be discussed if attendance does not improve: Refer the child and/or parent to appropriate social services, including mental health and/or health agencies Request further medical documentation if appropriate File a Juvenile Complaint for truancy Seek a protective order for the parent from the Juvenile Court Make a child protective services report to Department of Family and Children Services (DFCS) File an affidavit for a warrant to be issued in Magistrate Court A. Juvenile Justice Procedures 1. Intake Process for Juvenile Complaints a. The school system shall be responsible for the timely filing of a juvenile complaint alleging truancy with the Clerk of Juvenile Court in the county of the offense. b. The Clerk, Department of Juvenile Justice Intake personnel, and Assistant District Attorney shall route and process the complaint in accordance with the RULES OF THE JUVENILE COURTS OF THE OCMULGEE JUDICIAL CIRCUIT (JV RULES), Section I., B. NON-EMERGENCY INTAKE (here incorporated by reference). c. The DJJ Intake personnel may consider juveniles who do not meet the courts standards for immediate referral to the ADA as candidates for Informal Adjustment. Any juvenile handled in this manner shall be processed in accordance with the JV RULES, Section II. INFORMAL ADJUSTMENTS (here incorporated by reference). The DJJ personnel shall promptly, upon the determination and approval of informally adjusting the case, notify the school system in writing of the action taken. And, if supervision is elected, the name and contact information of the supervising worker. d. In the event a truancy matter is brought before the Juvenile Court for adjudication of the accused juvenile, the DJJ personnel shall promptly, following the ruling of the court, notify the school system in writing of the action taken. And if supervision is ordered, the name and contact information of the supervising worker. 5

6 e. The school system shall be responsible for the daily monitoring of school attendance and may make a timely filing of a juvenile complaint alleging second or subsequent truancy offenses. f. As provided in the JV RULES, Section IV., PROBATION, [if a juvenile is on probation to the court] in accordance with O.C.G.A any person having an interest in the case may file a violation of probation complaint. When an independent probation officer or another file a complaint for violation of probation copy must immediately be forwarded to the supervising DJJ probation officer and to the ADA. Anyone filing a violation of probation complaint should exercise prudence in making such a determination. 2. Adjudication and Disposition Judicial Truancy Reviews will be held on a monthly basis from the date of the initial Probation Order for truancy-related probation cases. These reviews will assess the youth s attendance at school and effectiveness of any services that may be involved to assist you and/or family. All parties should be prepared to report on the student s progress at these reviews. 3. Protective Orders The Juvenile Court Judge upon adjudication of a truancy charge may place a youth on Probation for Truancy. At this time, the District Attorney and/or the Department of Juvenile Justice may request a Protective Order to ensure that the parent(s)/ guardian(s) actively assist in the youth s compliance with Conditions of Probation and the youth s attendance at school. B. CRIMINAL PROSECUTION OF PARENTS When it is clear that the parent is the cause of the child s absence, a warrant for violation of O.C.G.A. Section should be sought against the parent. In other circumstances the school system may, but is not required to, take into account the following considerations when holding a pre-warrant hearing that may result in a warrant being sought for the parent of a child: The child is under the age of thirteen (13) years. The child has an illness for which the parent has not been diligent in pursuing medical attention or in seeking financial assistance to procure the proper medical attention. The parent has not actively sought assistance from community social services and resources to assist in getting the child to school. The parent is absent from the home or neglectful to an extent that it hinders the child s willingness or ability to attend school. The child is a deprived child. 6

7 The child and parent must comply with the recommendation of the school system and/or Interagency Council. Failure of the child or parent to comply with the recommendations, including further unexcused absences from school, will result in juvenile adjudication of the child and/or criminal prosecution of the parent. In any event, if the child accumulates ten (10) or more unexcused absences in any school year, the school system will file juvenile complaint and/or apply for a criminal warrant for violation of mandatory school attendance laws. The parent will be brought before the Magistrate Judge for violation of the compulsory school attendance law and will be subject to the penalties and consequences therein. If a parent is prosecuted, regular school attendance will be assigned as a condition of bond. IV. Community Support A. Law Enforcement The Greene County Sheriff s Department, and the Greensboro Police Department and the Union Point Police Department will work closely with the Juvenile Court to act upon orders from the judge to pick up violators of the protocol and with the Greene County School District to address and monitor any attendance/truancy problems that are brought to their attention. Students that are visible during school hours and have no legal excuse for being out of school may be detained and contact will be made with the BOE Chief Resource Officer. School Resource Officers in middle and high schools will target absenteeism. B. Public Health The Greene County Health Department is an integral partner in community health related to school readiness, attendance, and success. Greene County Health Department will support the school attendance policy and encourage school completion, follow up on abnormal scoliosis screenings referred by the school nurses, continue to provide immunizations to children as requested by parents, perform health checks with physicans approval, provide resources to the community for clinical and health educational services. C. Mental Health - All mental health employees are mandated reporters under this protocol and shall refer children suspected of truancy to the School Social Worker and/or Interagency Council. Mental health agencies shall provide services as recommended by the Interagency Council or by court order and shall monitor the progress of the child and/or parent or guardian. Failure of a child or parent to comply with recommended therapy shall be reported to the Interagency Council. Failure to comply with court ordered therapy shall be reported to the juvenile probation officer and the Assistant District Attorney. Parents must complete and affidavit for release of information when ever a referral is made. D. Department of Family and Children Services - The Greene County DFCS is committed to partnering with community collaborations to ameliorate child abuse and neglect associated with problematic school attendance. The agency will report 7

8 and will provide CPS services, participate in Interagency Council staffing and will assist the Juvenile Court in the processing of matters of deprivation, if warranted. E. Interagency Council (IC) - IC will serve as the first level beyond the school before a case may be referred to Juvenile or Magistrate Court. F. Magistrate Court The Magistrate Judge agrees to hear pre-warrant hearings for truancy upon the recommendation of Interagency Council. The Magistrate Judge agrees to serve on the Interagency Council when truancy cases are presented and will help develop the contract the IC makes with parents prior to complaints being filed. G. Family Connection The Family Connection collaborative agrees to continuously seek and help apply for grants that will help to address truancy issues in the community. The collaborative will continue to include review of issues related to school attendance in its collaborative planning process, including prevention strategies as well as intervention strategies. Projects sponsored or co-sponsored by the collaborative will incorporate support for school attendance in their programming. H. Greene County Chamber of Commerce - The Chamber s Education Committee will support this protocol by facilitating a partnership between local businesses employing students during the school year and the school system. Businesses will be asked to sign an agreement with their student employees that states the following: Employment hours shall be restricted to no more than twenty (20) per week. Student employees shall not knowingly be allowed to work on days they are absent from school. Students shall share grade and attendance information with the employer quarterly. Student employees shall be placed on probation and/or work hours shall be reduced if grades or school attendance declines. V. Monitoring Protocol To ensure that these written protocol procedures are followed, the Protocol Committee will meet quarterly for a year, which will begin on the date of the Protocol s adoption. The Protocol Committee will then meet bi-annually, as required by law. The Committee s goal will be to improve communication among agencies, encourage interagency cooperation and update the protocol as necessary. Each participating agency shall monitor and evaluate compliance with this protocol, and, as needed, recommend protocol revision and implementation that best meets the needs of the community and complies with federal, state and local statutes, as well as 8

9 agency policy. The School Social Worker will provide a report of Protocol Committee meetings to the Juvenile Court Judge. VI. Signatures In signing this protocol, we, the undersigned, commit our agencies/departments to the procedures outlined above. County Superior Court County Juvenile Court County Magistrate Court County District Attorney s Office Georgia Department of Juvenile Justice County Sheriff s Office City Police Chief County Board of Education Department of Family and Children s Services County Mental Health Family Connection County Health Department Chamber of Commerce 9

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