Deputy District Attorney

1
Welcome to the District AttorneysCLASS
ProgramCommunity Leadership in Achieving Student
Success

• Deputy District Attorney
• David P. Chen
• (805) 568 2427

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School Attendance is the Law

• Education Code 48200
• School attendance is a student responsibility
• Each person between the ages of 6 and 18
  yearsis subject to compulsory full-time
  education.
• and a parent responsibility!
• the parent or legal guardianshall send the
  pupil to the public full-time day schoolfor the
  full time designated

3
What is Truancy?

• Education Code 48260
• A student must be classified and reported as
  truant if the student is absent from school
  without a valid excuse
• (1) for 3 full days, or
• (2) tardy or absent for more than a
• 30-minute period on 3 occasions, or
• (3) any combination thereof
• within one school year.

4
What is Truancy?

• Education Code 48261
• A child who has been reported truant at least
  once and is again absent or tardy from school,
  without valid excuse, on
• 1 or more days
• shall again be reported as truant.

• Unexcused Tardies gt 30 min
• Unexcused Absences

TRUANCY

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What Absences are Excused?

• Education Code 48205
• Students illness
• Medical, dental, eye appointments
• Illness or medical appointment of students child
• Attendance of funeral of immediate family member
• Religious holiday or ceremony
• Prior written request and principal approval in
  accordance with district regulation and policy
• A student whose absence is excused must be
  allowed to complete all assignments and tests
  missed during the absence that can be reasonably
  provided.
• All other absences are UNEXCUSED

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Examples ofUnexcused Absences

• Under the law, a students absence will still be
  considered unexcused for the following reasons
• Parents illnesses or appointments
• Siblings illnesses or appointments
• Car trouble
• Taking care of siblings
• Working
• Fatigue or oversleeping
• Running errands with parents

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The Importance ofRegular School Attendance

• There is a direct connection between truancy and
• Test scores
• Dropout / graduation rates
• Delinquent behavior
• Using cigarettes, drugs, alcohol
• Being involved in gang activity, theft,
  destruction of property, burglary, graffiti, and
  fighting
• Future unemployment
• Future income
• Being a victim or witness to a crime

8
The Importance ofRegular School Attendance

• Statistics show that
• 67 of truants tested positive for drugs when
  detained
• 78 of prison inmates first entry in record was
  truancy
• 82 of prison inmates are school dropouts
• Source California District
  Attorneys Association
• BUT
• A 10 increase in graduation rates reduces
• Violent crime by 20
• Drug-related crime by 12
• Property crime by 11
• Source California Dropout Research
  Project

9
The Costs of Truancy

• Many school districts are funded based on their
  attendance rates
• 35 per student per day
• 6,300 per student per year
• Average based on Revenue Limit funding

10
The Legal Consequences of Truancy

• Parents
• 1st conviction 100 Fine
• 2nd conviction 250 Fine
• 3rd conviction 500 Fine
• Attendance of parenteducation and counseling
• Failure to abide by court order
• results in Contempt charges
• and 1,000 Fine
• For severe cases
• 2,500 Fine
• 1 year county jail

Students Each conviction 50 Fine Court orders
to attend schooland counseling
programs Community service 20-40
hours Suspension, revocation ordelay of
issuance of driverslicense 1
year Probation Up to 6 mos. For severe cases
Contempt charges 1,000 Fine
Juvenile Hall
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Good Attendance Good Grades

• More than 80 of students who skip school once a
  week or more do NOT think it affects their grades
  or their chances of graduating
• Which is a better predictor of high school
  success?
• 8th grade test scores
• Student Success Starts Early!
• Students with low attendance in pre-K and K are
  more likely to continue to have low attendance
  and be retained in the 3rd grade
• Based on 6th grade attendance, behavior and
  course failure, schools can identify 60 of
  future students who will NOT graduate from high
  school
• Source www.AttendanceWorks.org

vs.
9th grade attendance
Students with 95 or greater attendance gt80
graduated
Students with 70 or lower attendance lt20
graduated
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Good Attendance Good Grades
Santa Maria Bonita Grades 2-8
of Students Number of Days Absent Median CST Score (ELA) Median CST Score (Math)
20.86 0 337.99 368.34
13.19 1 332.80 360.03
11.29 2 332.28 354.49
9.13 3 330.73 350.13
28.75 4-9 327.19 343.17
13.85 10-20 321.07 328.91
2.93 21 307.55 308.36

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13
Potential Reasons for Truancy
Bullying
Problems at home
No interest in education
Lack of parental involvement and support
Drug or alcohol use
Feels alienated
Behind in school
No consequences for cutting school
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The 5 Steps of CLASS
Step 1 Truancy Letter 1 A letter informing parents of their childs unexcused absences and the relevant laws under California Education Code. 3 days of unexcused absence
Step 2 After School Meeting (ASM) A group meeting explaining the social and legal consequences of truancy, while providing information on available resources and programs. 6 days of unexcused absence
Step 3 Administrator Meeting (AM) A one-on-one meeting with a School Administrator to address individual attendance issues and needs, resulting in a school contract. 9 days of unexcused absence
Step 4 Truancy Mediation Team (TMT) A one-on-one meeting with a School Administrator and Deputy District Attorney to address issues and needs beyond the school site, resulting in a TMT contract. 12 days of unexcused absence
Step 5 School Attendance Review Board (SARB) A hearing before a panel of county and community representatives to determine the best solution for the students academic success, which may result in a SARB contract or referral to Probation or the District Attorney. 14 days of unexcused absence
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Questions?

• Thank You!