Title of Regulation: 8VAC20-730. Regulations Governing the Collection and Reporting of Truancy-Related Data and Student Attendance Policies (adding 8VAC20-730-10, 8VAC20-730-20, 8VAC20-730-30).

Statutory Authority: § 22.1-16 of the Code of Virginia.

Public Hearing Information:

November 19, 2015 - 11 a.m. - 22nd Floor Conference Room, James Monroe Building, 101 North 14th Street, Richmond, Virginia 23219. The public hearing will begin immediately following adjournment of the Board of Education business meeting.

Public Comment Deadline: December 2, 2015.

Agency Contact: Dr. Cynthia Cave, Director of Student Services, Department of Education, P.O. Box 2120, Richmond, VA 23218, telephone (804) 225-2818, FAX (804) 225-2524, or email cynthia.cave@doe.virginia.gov.

Basis: Section 22.1-16 of the Code of Virginia authorizes the Board of Education to promulgate such regulations as may be necessary to carry out its powers and duties. The board is responsible for enforcing the compulsory school attendance statutes.

Section 22.1-258 of the Code of Virginia requires each school division to create an attendance plan for any student with five unexcused absences and to schedule a conference with parents after the sixth unexcused absence. Section 22.1-260 B requires reporting conference data to the Superintendent of Public Instruction annually.

Section 4112 of the No Child Left Behind Act (20 USC § 7112) mandates truancy data to be collected at the local level by each school and be reported to the state Department of Education. Data for each individual school will be made public. The aggregated state data results will be reported to the U.S. Department of Education.

Purpose: The primary goal of the Board of Education is to set forth definitions for data collection, procedures, and responsibilities of the participants to address nonattendance issues. Enacting these regulations should enhance daily school attendance and decrease referrals to court services for truancy.

The intent of the Board of Education to (i) provide for consistent and accurate data collection and reporting; (ii) improve attendance related policies, procedures, and evidence-based prevention and intervention practices; (iii) enhance school staffs' capability to identify students with nonattendance issues early, intervene and provide support, and manage and monitor case progress; (iv) create a positive impact on the family, the student, school divisions, and court services in their efforts to improve school attendance; (v) increase a student's opportunity to benefit from a quality education in preparation for a career or post-secondary education; (vi) create a climate for improving communication, cooperation, and coordination of services among community service agencies and public systems to address issues manifested in truancy behavior; and (vii) encourage dissemination of information to increase public knowledge of the importance of regular school attendance and these regulations.

Substance: The reproposed regulations are organized into three parts as follows:

1. Part I provides the definition of terms, such as "attendance plan," "excused absence," and "unexcused absence."

2. Part II articulates the procedures and responsibilities for early identification of and intervention with nonattendance behavior and the issues that manifest truancy. This part delineates processes for assisting the student and family in preventing nonattendance and defines the steps to intercede.

3. Part III identifies the attendance data to be reported to the Virginia Department of Education, which includes (i) for each individual student all excused and unexcused absences; (ii) students with five, six or more unexcused absences; (iii) the number of attendance plans developed and conferences scheduled and held; and (iv) the number of petitions made to court or proceedings against parents.

Issues: The proposed regulations pose no disadvantage to the public or the Commonwealth. The proposed regulations will serve to more accurately collect daily school attendance and nonattendance data and guide early identification and intervention processes to remove barriers that disengage a student from school, thus improving school attendance. The procedures in the reproposed regulations align with the Code of Virginia and reflect those requirements.

Students who attend school daily, kindergarten through grade 12, are more likely to graduate. Students who do not attend school regularly are more likely to experience academic failure, school dropout, criminal and violent acts, unemployment, substance abuse, adult criminality and incarceration, unwanted pregnancy, and social isolation. Due to the strong link between truancy and these negative consequences, it is critical to address attendance issues early and effectively.

Department of Planning and Budget's Economic Impact Analysis:

Summary of the Proposed Amendments to Regulation. The Code of Virginia includes required procedures for intervening with students who have unexcused absences and required truancy data collection and reporting. The Board of Education proposes these regulations to provide: 1) clarifying definitions to help ensure consistency in reported data across school divisions and improved understanding of required truancy procedures, 2) recommended options for satisfying the required procedures for intervening with students who have unexcused absences, and 3) further specificity of the required truancy data.

Result of Analysis. The benefits likely exceed the costs for all proposed changes.

Estimated Economic Impact. Code of Virginia Section 22.1-258 requires each school division to create an attendance plan for any student with five unexcused absences and to schedule a conference with parents after the sixth unexcused absence ... upon the next unexcused absence by such pupil, the school attendance officer shall enforce compulsory attendance by "(i) filing a complaint with the juvenile and domestic relations court alleging the pupil is a child in need of supervision as defined in § 16.1-288 or (ii) instituting proceedings against the parent pursuant to § 18.2-371 or 22.1-262...." Further, Section 22.1-260.B requires that "At the end of each school year, each public school principal shall report to the division superintendent the number of students by grade level for whom a conference was scheduled as required by § 22.1-258. The division superintendent shall compile such grade level information for the division and provide such information to the Superintendent of Public Instruction annually."

According to the Department of Education (Department), there has been some uncertainty of the options available to local school divisions in satisfying the required procedures for intervening with students who have unexcused absences. Additionally, there has been inconsistency in the truancy data reported by school divisions. The proposed clarifying definitions and listing of recommended options produce no cost and will likely produce some benefit in addressing the problem of truancy. The proposed additional specificity of truancy data to be reported will be beneficial in that it will likely produce more consistent and accurate information for use by analysts and policymakers. It may require a very small addition in staff time for some school divisions, but this potential very small cost would likely be significantly smaller than the benefit of having more accurate and consistent data.

Businesses and Entities Affected. The proposed amendments affect the 132 public school divisions in the Commonwealth.

Localities Particularly Affected. The proposed amendments do not disproportionately affect particular localities.

Projected Impact on Employment. The proposal amendments are unlikely to significantly affect employment.

Effects on the Use and Value of Private Property. The proposed amendments are unlikely to significantly affect the use and value of private property.

Small Businesses: Costs and Other Effects. The proposed amendments are unlikely to significantly affect small businesses.

Small Businesses: Alternative Method that Minimizes Adverse Impact. The proposed amendments are unlikely to significantly affect small businesses.

Real Estate Development Costs. The proposed amendments are unlikely to significantly affect real estate development costs.

Legal Mandate.

The Department of Planning and Budget (DPB) has analyzed the economic impact of this proposed regulation in accordance with § 2.2-4007.04 of the Administrative Process Act and Executive Order Number 14 (10). Section 2.2-4007.04 requires that such economic impact analyses include, but need not be limited to, the projected number of businesses or other entities to whom the regulation would apply, the identity of any localities and types of businesses or other entities particularly affected, the projected number of persons and employment positions to be affected, the projected costs to affected businesses or entities to implement or comply with the regulation, and the impact on the use and value of private property. Further, if the proposed regulation has adverse effect on small businesses, § 2.2-4007.04 requires that such economic impact analyses include (i) an identification and estimate of the number of small businesses subject to the regulation; (ii) the projected reporting, recordkeeping, and other administrative costs required for small businesses to comply with the regulation, including the type of professional skills necessary for preparing required reports and other documents; (iii) a statement of the probable effect of the regulation on affected small businesses; and (iv) a description of any less intrusive or less costly alternative methods of achieving the purpose of the regulation. The analysis presented above represents DPB's best estimate of these economic impacts.

Agency's Response to Economic Impact Analysis: The agency concurs with the economic impact analysis completed by the Department of Planning and Budget.

Summary:

The reproposed regulations establish criteria for truancy data collection and a procedure for intervening with a student who has unexcused absences. The regulations provide definitions to promote consistent data collection and reporting among school divisions and to the Virginia Department of Education, recommend options for satisfying the required procedures for intervening with students who have unexcused absences, and direct a referral to court services when a student is noncompliant with compulsory attendance law.

CHAPTER 730
REGULATIONS GOVERNING THE COLLECTION AND REPORTING OF TRUANCY [ -RELATED DATA AND STUDENT ATTENDANCE POLICIES ]

8VAC20-730-10. Definitions.

The following words and terms when used in this chapter shall have the following meanings unless the context clearly indicates otherwise:

"Attendance conference" means a face-to-face meeting, at a minimum, after the sixth unexcused absence among school staff, parents, and student [ (if appropriate) ]. The conference may include [ , if necessary, ] community representatives to [ discuss the current attendance plan and make modifications to support regular school attendance participate in resolving issues related to nonattendance and revisions to the current attendance plan if necessary ].

"Attendance plan" means [ action steps a plan ] developed [ jointly ] by a school representative, [ such as a school principal or his designee or attendance officer; ] parent [ ,; ] and student [ (if appropriate) ] to [ resolve the student's nonattendance and ] engage the student in regular school attendance. The plan shall identify [ reasons for nonattendance and ] academic, social, emotional, and familial barriers that impede daily attendance along with positive strategies to [ address such reasons and impedances and ] support regular attendance. This plan may include school-based activities or suggested referrals to community supports, or both.

"Court referral" means [ referral filing a complaint ] to the Juvenile and Domestic Relations Court [ intake worker ] after the student's seventh unexcused absence. [ Copies Documentation of interventions regarding the student's unexcused absences, such as copies ] of the attendance plan and documentation of conference meetings [ , and compliance with § 22.1-258 of the Code of Virginia ] will be provided to the intake worker.

"Excused absence" means an absence of an entire assigned instructional school day with [ an excuse a reason ] acceptable to the school administration that is provided by the parent. If circumstances permit, the parent should provide the school [ authority administration ] with the reason for the nonattendance prior to the absence. Examples of an excused absence may include, but are not limited to, the following reasons: funeral, illness (including mental health and substance abuse illnesses), injury, legal obligations, medical procedures, suspensions, religious observances, and military obligation. [ Expelled and suspended students continue to remain under the provisions of compulsory school attendance as described in § 22.1-254 of the Code of Virginia. An absence from school attendance resulting from a suspension or expulsion may be considered excused for the period of the suspension or expulsion. ]

"Instructional school day" means the length of a regularly scheduled school day for an individual student.

"Multi-disciplinary team" means a school-based team that [ convenes on a regular basis may be convened ] to review student records and to [ identify an integrated system of care for the student in need, including (i) participate in ] prevention, early intervention, and [ provision of ] support services [ and (ii) to address unexcused absences, including ] school-based case management. These services should address academic, social, emotional, and familial issues in order to improve regular school attendance. [ Members of the team meet confidentially with the parent and the student (if appropriate) to develop, evaluate, and update action steps and supports. ] Team members may include, but are not limited to, the following: an administrator, school counselor, social worker or psychologist, student assistance specialist, special education and regular education teacher, and attendance officer.

"Parent" means the parent or parents, guardian or guardians [ , legal custodian or legal custodians, ] or other person or persons having legal control [ or charge ] of the student.

"Truancy" means the act of accruing one or more unexcused absences.

"Unexcused absence" means an absence where (i) [ either ] the student misses his scheduled instructional school day in its entirety [ or misses part of the scheduled instructional school day without permission from an administrator ] and (ii) no indication has been received by school personnel within three days of the absence that the student's parent is aware and supports the absence, or the parent provides [ an excuse a reason for the absence ] that is unacceptable to the school administration. [ An administrator The school administration ] may change an unexcused absence to an excused absence when [ it determines that ] the parent has provided an acceptable [ excuse reason meeting criteria ] for the student's absence or there are extenuating circumstances. [ Absences resulting from suspensions shall not be considered unexcused. ]

8VAC20-730-20. Unexcused absences intervention process and responsibilities.

A. [ Each local school board shall provide guidance regarding what would constitute an excused absence in order to address when the explanation provided by the parent will be determined to be reasonable and acceptable.

B. Each local school board shall develop procedures to ensure that appropriate interventions will be implemented when a student engages in a pattern of absences less than a full day, the explanation for which, if it were a full-day absence, would not be deemed an excused absence.

C. ] The following intervention steps shall be implemented to respond to unexcused absences from school and to engage students in regular school attendance.

1. Whenever a student fails to report to school on a regularly scheduled school day and no information has been received by school personnel that the student's parent is aware of and supports the absence, the school principal or designee, attendance officer, or other school personnel or volunteer will notify the parent by phone or email or any other electronic means to obtain an explanation. The school staff shall record the student's absence for each day as "excused" or "unexcused." [ Early intervention with the student and parent or parents shall take place for repeated unexcused absences. ]

2. When a student has received five unexcused absences, the school principal or designee or the attendance officer shall make a reasonable effort to ensure that direct contact is made with the parent. The parent shall be contacted either in a face-to-face conference or by telephone. During the direct contact with the parent and the student (if appropriate), reasons for nonattendance shall be documented and the consequences of nonattendance explained. An attendance plan shall be made [ with the student and parent or parents ] to resolve the nonattendance issues. The student and parent may be referred to a school-based multi-disciplinary team for assistance implementing the attendance plan and case management.

3. The school principal or designee or the attendance officer shall schedule a face-to-face attendance conference within 10 school days from the date of the student's sixth unexcused absence for the school year. The attendance conference must be held within 15 [ school ] days from the date of the sixth unexcused absence. The conference shall include the parent, student [ (when applicable) ], and school personnel (which may be a representative or representatives from the multi-disciplinary team) and may include community service providers.

4. The school principal or designee shall notify the attendance officer or division superintendent of the student's seventh unexcused absence for the school year. The division superintendent or designee shall contact the Juvenile and Domestic Relations Court intake to file a [ Child In Need of Supervision (CHINSup) petition or begin complaint alleging the student is a child in need of supervision (CHINSup) or to institute ] proceedings against the parent. In addition to documentation of compliance with the notice provisions of § 22.1-258 of the Code of Virginia, [ all records of intervention regarding the student's unexcused absences, such as ] copies of the conference meeting notes, attendance plan, and supports [ provided prior to filing the petition ] shall be presented to the intake worker. [ The decision shall be made by the intake worker either to divert the case or to file the petition for presentation before the court.

B. D. ] A record shall be maintained of each meeting that includes the attendance plan, the name of individuals in attendance at each conference meeting (including [ via ] telephone or electronic devices), the location and date of the conference, a summary of what occurred, and follow-up steps. [ This record does not become a part of the student's permanent scholastic record. ]

8VAC20-730-30. Data collection and reporting.

Data collection shall begin on the first day students attend for the school year. Each school division shall provide student level attendance data for each student that includes the number of unexcused absences [ as in a manner ] prescribed by the Virginia Department of Education. A student's attendance is cumulative and begins on the first official day of the school year or the first day the student is officially enrolled. All nonattendance days are cumulative and begin with the first absence. For purposes of this data collection, truancy shall start with the first unexcused absence and will be cumulative.

Excused and unexcused absences shall be counted for each individual student and shall be reported to the Virginia Department of Education as follows:

1. All excused and unexcused absences as defined in this chapter for each individual student shall be collected.

2. For each student with five unexcused absences, whether an attendance plan was developed, and if not, the reason.

3. For each student with six unexcused absences, whether an attendance conference was scheduled, and if not, the reason.

4. For each student with six unexcused absences, whether an attendance conference was actually held, and if not, the reason.

5. For each student with seven unexcused absences, whether a court referral or a petition was filed [ or if proceedings against the parent or parents were initiated and, if not, the reason ].