Attendance Consequences

Attendance Consequences

Upon Fifth Absence Without Parental Awareness and Support: Whenever any pupil fails to report to school for a total of five scheduled school days for the school year and no indication has been received by school personnel that the pupil's parent is aware of and supports the pupil's absence, and a reasonable effort to notify the parent has failed, the school principal/designee shall make a reasonable effort to ensure that direct contact is made with the parent, either in person or through telephone conversation to obtain an explanation for the pupil's absence and to explain to the parent the consequences of continued nonattendance. The principal/designee, the pupil, and the pupil's parent shall jointly develop a plan to resolve the pupil's nonattendance. Such plan shall include documentation of the reasons for the pupil's nonattendance (§ 22.1-258, Code of Virginia).

Upon Sixth Absence Without Parental Awareness and Support:

If the pupil is absent an additional day after direct contact with the pupil's parent and the school principal/designee has received no indication that the pupil's parent is aware of and supports the pupil's absence, the school principal/designee shall schedule a conference within ten school days with the pupil, his parent, and school personnel, which conference may include other community service providers, to resolve issues related to the pupil's nonattendance. The conference shall be held no later than fifteen school days after the sixth absence. The plan will be updated and then signed by all parties present (§ 22.1-258, Code of Virginia).

 

Upon Additional Absence Without Parental Awareness and Support: Upon the next absence by such pupil without indication to the school principal/designee that the pupil's parent is aware of and supports the pupil's absence, the school principal/designee shall notify the Truancy Prevention Specialist, who shall enforce the compulsory attendance rules one of the following: 1) diversion from juvenile and domestic relations court through the Truancy Review Team, 2) filing a complaint with the juvenile and domestic relations court alleging the pupil is a child in need of supervision as defined in § 16.1-228, or 3) instituting proceedings against the parent pursuant to § 18.2-371 or § 22.1-262. In filing a complaint against the student, the school principal/designee shall provide written documentation of the efforts already undertaken to resolve the pupil’s absence. If the student’s parents have joint physical custody pursuant to § 20-124.2 and the school has notice of the custody arrangement, then both parents shall be notified at their last known addresses (§ 22.1-258, Code of Virginia).

Parental Cooperation in Remedying Excessive Unexcused Absences: Nothing in this section shall be construed to limit in any way the authority of any attendance officer or division superintendent to seek immediate compliance with the compulsory school attendance law (§ 22.1-258, Code of Virginia). Attendance officers, other school personnel or volunteers organized by the school administration for this purpose shall be immune from any civil or criminal liability in connection with the notice to parents of a pupil's absence or failure to give such notice as required by (§ 22.1-258, Code of Virginia).

Nonattendance and Denial of Driving License by Court Action: According to § 46.2-323(E) of the Code of Virginia and BCPS Policy JED, if a student who is under 18 years of age has 10 or more unexcused absences from school on consecutive school days, the principal may notify the juvenile and domestic relations court, which may take action to suspend the student’s driver’s license.

Possible Court Action Regarding Truancy and Driver’s License:

If a court finds that a child at least 13 years of age has failed to comply with school attendance and meeting requirements as provided in § 22.1-258, the court shall order the denial of the child's driving privileges for a period of not less than 30 days. If such failure to comply involves a child under the age of 16 years and three months, the child's ability to apply for a driver's license shall be delayed for a period of not less than 30 days following the date he reaches the age of 16 and three months.

If the court finds a second or subsequent such offense, it may order the denial of a driver's license for a period of one year or until the juvenile reaches the age of 18, whichever is longer, or delay the child's ability to apply for a driver's license for a period of one year following the date he reaches the age of 16 and three months, as may be appropriate.

Any child who has a driver's license at the time of the offense or at the time of the court's finding as provided in subsection A1 shall be ordered to surrender his driver's license, which shall be held in the physical custody of the court during any period of license denial (§16.1-278.9, Code of Virginia).


Compulsory School Attendance and Alternative Education Attendance:
A student for whom an individual student alternative education plan has been granted and who fails to comply with the conditions of such plan shall be in violation of the compulsory school attendance law, and the division superintendent or attendance officer of the school division in which such student was last enrolled shall seek immediate compliance with the compulsory school attendance law. (§ 22.1-254 (E)(d), Code of Virginia).

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