DAR File No. 30332

Education, Administration

R277-607

Truancy Prevention

NOTICE OF PROPOSED RULE

DAR File No.: 30332
Filed: 08/15/2007, 03:15
Received by: NL

RULE ANALYSIS

Purpose of the rule or reason for the change:

This rule is repealed/reenacted to provide for changes made to state law in H.B. 207, in the 2007 Legislature. Because the new language of the rule is significantly different from the language within the existing rule, the rule is being repealed/reenacted. (DAR NOTE: H.B. 207 (2007) is found at Chapter 82, Laws of Utah 2007, and was effective 04/30/2007.)

Summary of the rule or change:

This rule is being repealed and reenacted because of substantive differences between the old and new rule as follow: in the definitions, the definition of "Absence" has changed; the definition of "Habitual truant" has changed; several definitions are added including "Valid excuse", "Habitual truant citation", and "Truant". In Section R277-607-3, the new rule requires schools and charter schools to establish policies consistent with the new law. The old rule was more prescriptive in describing a local truancy policy. The new rule deletes sections on procedures and documentation and adds sections on school district, charter school responsibilities, and parent responsibilities.

State statutory or constitutional authorization for this rule:

Subsection 53A-1-401(3)

Anticipated cost or savings to:

the state budget:

There are no anticipated cost or savings to the state budget. The changes to the rule only affect school districts/schools, and parents and students.

local governments:

There should be no additional cost to school districts/schools. School districts/schools have been developing procedures for intervention and resolution to student truancy issues for years in anticipation of this legislation.

small businesses and persons other than businesses:

There are no anticipated cost or savings to small businesses or other persons as a result of the changes to this rule. School districts/schools have been developing procedures for intervention and resolution to student truancy issues that involve parent involvement and participation for years in anticipation of this legislation.

Compliance costs for affected persons:

There should be no additional cost to other persons as a result of the changes to this rule. School districts/schools have been developing procedures for intervention and resolution to student truancy issues that involve parent involvement and participation for years in anticipation of this legislation.

Comments by the department head on the fiscal impact the rule may have on businesses:

I have reviewed this rule and I see no fiscal impact on businesses. Patti Harrington, State Superintendent of Public Instruction

The full text of this rule may be inspected, during regular business hours, at the Division of Administrative Rules, or at:

Education
Administration
250 E 500 S
SALT LAKE CITY UT 84111-3272

Direct questions regarding this rule to:

Carol Lear at the above address, by phone at 801-538-7835, by FAX at 801-538-7768, or by Internet E-mail at carol.lear@schools.utah.gov

Interested persons may present their views on this rule by submitting written comments to the address above no later than 5:00 p.m. on:

10/01/2007

This rule may become effective on:

10/08/2007

Authorized by:

Carol Lear, Director, School Law and Legislation

R277. Education, Administration.

R277-607. Truancy Prevention.

[R277-607-1. Definitions.

A. "Absence" means a student's non-attendance at school for one school day or part of one school day.

B. "Certified mail" means notification sent through the U.S. Post Office, that requires a signature of acceptance for the letter. A signed receipt notifies the sender that the letter was accepted.

C. "Excused absence" means a student's absence from school for a reason identified by the school or district as reasonable such as:

(1) illness;

(2) medical appointments;

(3) family emergencies;

(4) death of family member or close friend;

(5) family activity or travel, consistent with district/school policy.

D. "Habitual truant" means a school-aged minor who has received more than two truancy citations within one school year from the school in which the minor is or should be enrolled and eight absences without a legitimate or valid excuse or who, in defiance of efforts on the part of school authorities to resolve a student's attendance problems as required under Section 53A-11-103, refuses to regularly attend school or any scheduled period of the school day.

E. "IEP team" means an local education agency representative, a parent, a regular and special education educator, and person qualified to interpret evaluation results, in accordance with the Individuals with Disabilities Education Act (IDEA).

F. "Truancy citation" is a ticket issued in the truant's name under R277-609 or Section 53A-11-105(1). A truancy citation is issued by school designated individuals and may provide for administrative penalties, strict attendance by the student and monitoring by the school, or may be payable to the school or school district. Penalties or requirements that may result from a truancy citation shall be clearly stated in the school or district truancy policy.

G. "Truancy fee schedule" means a uniform payment schedule set by a local school board consistent with R277-609-5.

H. "Unexcused absence" means a student's absence from school for reasons other than those authorized under the school or district policy.

I. "USOE" means the Utah State Office of Education.

 

R277-607-2. Authority and Purpose.

A. This rule is authorized by Utah Constitution Article X, Section 3 which vests general control and supervision of public education in the Board, Section 53A-1-401(3) which permits the Board to adopt rules in accordance with its responsibilities, and Sections 53A-11-101 through 53A-11-105 which direct educational entities and designated agencies working on behalf of children to encourage compliance with the compulsory education law and regular school attendance for all students.

B. The purpose of this rule is to establish consistent procedures for school districts in informing parents about compulsory education laws, encouraging and monitoring school attendance consistent with the law, and providing firm consequences for noncompliance. This rule encourages meaningful incentives for parental responsibility and directs districts to establish ongoing truancy prevention procedures in schools especially for students in grades 1-8.

 

R277-607-3. General Provisions.

A. Local school boards shall develop a truancy policy consistent with this rule and 53A-11-101 through 53A-11-105 and shall review the policy annually.

B. The local school board truancy policy shall be available for review by parents or interested parties upon request.

C. Truancy citation fees are not subject to fee waivers provisions because truancy citations are similar to repayment for destruction of school property. Also, schools or districts shall provide reasonable and specific options in lieu of payment for truancy citations at parent/school meetings.

D. If a student moves from one Utah school district to another Utah school district, truancy citations issued consistent with this rule may follow the student at the receiving school district's discretion.

E. A truancy citation issued by law enforcement under Section 53A-11-105(1) may be viewed as a truancy citation in designating a student a habitual truant. If a district does so, the parent shall be notified of receipt of the citation, including a copy of the citation, in a timely manner.

F. Districts shall prepare an annual fiscal year-end report to be submitted to the USOE that includes:

(1) copy of the district truancy policy required under Section R277-607-3A;

(2) total number of students designated as habitual truants;

(3) total number of students tracked or disciplined under the district's attendance/truancy policy;

(4) total amount of funds collected, if any, by school from truancy citations; and

(5) summary of program effectiveness.

 

R277-607-4. Procedures Toward the Designation of Habitual Truant Status.

A. Prior to or no later than school registration, the parent(s) of all students in grades 1-12 shall be provided written notice from the school or district informing parents of Compulsory Education attendance laws and encouraging parental cooperation.

(1) A student registering in the school district during the school year shall be provided written notice explaining the school and school district's compulsory education policy.

(2) A student moving from one school to another within the same district may be provided written notice explaining the school and school district's compulsory education policy.

B. Following two unexcused absences in a six week period, the individual designated by the school shall counsel the parent(s)/student as to the importance of school attendance and the legal implications of truancy.

C. Following four additional unexcused or six excused absences in a subsequent six week period, the individual designated by the school shall contact the parent(s) and arrange for a meeting at the school or elsewhere to discuss the student's attendance problem.

D. Following the seventh unexcused absence within a total 12 week period, a certified letter shall be sent requesting again the support of the parent(s) in resolving the attendance problems and outlining the requirements of Section 53A-11-103.

E. The school shall continue to monitor school attendance following the first truancy citation. If appropriate, the student's curriculum or schedule may be adjusted.

F. If there is an eighth unexcused absence within a total 14 week period, a second truancy citation shall be issued. Following the second truancy citation, prior to the referral to court, in a final attempt to prevent habitual truancy, the school shall schedule a pre-court hearing meeting with the second truancy citation for the parent and student. At the meeting, school personnel shall present final alternatives to court referral.

G. Following the ninth unexcused absence, a third truancy citation shall be issued and the parent/student shall be notified that the student is a habitual truant. Referral to the appropriate County or District Attorney or Juvenile Court consistent with Section 53A-11-104(6) shall be made by the individual designated by the school/district.

H. The school district may work with appropriate courts and personnel to develop procedures to track students and encourage school attendance.

I. If students with disabilities under the Individuals with Disabilities Education Act (IDEA) or students protected under Section 504/ADA of the Rehabilitation Act have excessive absences and fall within the criteria of this rule, the student's IEP team (IDEA) or school team (Section 504) shall ensure that the procedures of this rule apply consistent with state and federal law and regulations.

J. The parent shall have the right to appeal a truancy citation consistent with district administrative policy and time limits established by the district policy and legal due process.

 

R277-607-5. Documentation and Variances.

A. When a student is referred to court as a habitual truant, the school/district shall make a recommended disposition to the court which shall include:

(1) documentation of attendance and academic achievement;

(2) documentation of school efforts to improve attendance;

(3) copies of truancy citations, including all mailing certificates; and

(4) student background as requested by the prosecuting agency.

B. Copies of truancy citations shall be retained in the student's permanent record.

C. A school district may develop a truancy policy that varies from this rule, but that is consistent with Section 53A-11-101 through 105 and the intent of the law and this rule.

(1) Timelines and numbers of absences between citations may vary, but basic due process requirements of notice to parents of the policy, notice as discipline or consequences progress and an opportunity to appeal disciplinary measures, as appropriate, shall be provided for in the policy.

(2) Districts may have different policies for elementary, middle/junior high and high schools so long as basic due process requirements are satisfied.]

R277-607-1. Definitions.

A. "Absence" means a student's non-attendance at school for one school day or part of one school day.

B. "Habitual truant" means a school-age minor who:

(1) is at least 12 years old;

(2) is subject to the requirements of Section 53A-11-101.5; and

(3)(a) is truant at least ten times during one school year; and

(b) fails to cooperate with efforts on the part of school authorities to resolve the minor's attendance problem as required under Section 53A-11-103.

C. "Habitual truant citation" is a citation issued only consistent with Section 53A-11-101.7.

D. "IEP team" means an local education agency representative, a parent, a regular and special education educator, and person qualified to interpret evaluation results, in accordance with the Individuals with Disabilities Education Act (IDEA).

E. "Truant" means absent without a valid excuse.

F. "Unexcused absence" means a student's absence from school for reasons other than those authorized under the school or district policy.

G. "USOE" means the Utah State Office of Education.

H. "Valid excuse" means an excuse for an absence from school consistent with Section 53A-11-101(a) and may include:

(1) illness;

(2) family death;

(3) approved school activity;

(4) excuse consistent with student's IEP, Section 504 accommodation plan, or a school/school district valid excuse definition.

 

R277-607-2. Authority and Purpose.

A. This rule is authorized by Utah Constitution Article X, Section 3 which vests general control and supervision of public education in the Board, Section 53A-1-401(3) which permits the Board to adopt rules in accordance with its responsibilities, and Sections 53A-11-101 through 53A-11-106 which direct educational entities and parents working on behalf of children to encourage compliance with the compulsory education law, school attendance for all students, and cooperation in these important efforts.

B. The purpose of this rule is to direct schools/school districts and charter schools to establish procedures for:

(1) informing parents about compulsory education laws;

(2) encouraging and monitoring school attendance consistent with the law; and

(3) providing firm consequences for noncompliance.

C. This rule encourages meaningful incentives for parental responsibility and directs school districts and charter schools to establish ongoing truancy prevention procedures in schools especially for students in grades 1-8.

 

R277-607-3. General Provisions.

A. Each local school board and charter school board shall develop a truancy policy that encourages regular, punctual attendance of students, consistent with this rule and 53A-11-101 through 53A-11-105 and shall review the policy annually.

B. Local school boards and charter school boards shall annually review attendance data and consider revisions to policies to encourage student attendance.

C. The local school board and charter school board truancy policy shall be available for review by parents or interested parties.

D. Habitual truant citations may be issued to students consistent with Section 53A-11-101.7.

 

R277-607-4. School/School District and Charter School Responsibilities.

A. School districts and charter schools shall:

(1) establish definitions not provided in law or this rule necessary to implement a compulsory attendance policy;

(2) include definitions of approved school activity under Section 53A-11-101(9)(c) and excused absence to be provided locally under Section 53A-11-101(9)(e);

(3) include criteria and procedures for preapproval of extended absences consistent with Section 53A-11-101.3; and

(4) establish programs and meaningful incentives which promote regular, punctual student attendance.

B. School districts and charter schools shall include in their policies provisions for:

(1) notice to parents of the policy;

(2) notice to parents as discipline or consequences progress; and

(3) opportunity to appeal disciplinary measures.

C. School districts and charter schools shall establish and publish procedures by which school-age minors or their parents may contest notices of truancy.

 

R277-607-5. Parent Responsibilities.

Parents of school-age minors shall cooperate with school boards and charter school boards to secure regular attendance at school by school-age minors for whom they are responsible.

 

KEY: compulsory education, truancy

Date of Enactment or Last Substantive Amendment: [March 3, 2000]2007

Notice of Continuation: November 5, 2004

Authorizing, and Implemented or Interpreted Law: Art X Sec 3; 53A-1-401(3); 53A-11-101 through 53A-11-105