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Chapter 27: Truancy

Written by Renee Morioka1 in 2011; updated by Meghann McCann in 2014 2

 

Introduction

Washington State’s Constitution declares that “[i]t is the paramount duty of the state to make ample provision for the education of all children residing within its borders.”3 In fulfillment of that duty, the legislature enacted compulsory educational attendance, with certain exceptions, for all school-aged children.4

§1 Definitions

Parent – A parent means a parent, guardian, or person having legal custody of the child.5

Approved Private School – An approved private school shall be one established under the regulations set forth in RCW 28A.305.130.6

Home-Based Schooling – Instruction is “homebased” if it consists of planned and supervised instructional and related educational activities that includes a curriculum and instruction in the basic skills of occupational education, mathematics, science, social studies, language, health, history, reading, writing, spelling, and development of an appreciation for art and music, and only if the instruction is provided for the appropriate amount of hours.7

Such activities must also be

  1. Provided by a parent who is instructing his or her child only and are supervised by a certificated person. A certificated person for purposes of this chapter and chapter 28A.200 RCW shall be a person certified under chapter 28A.410 RCW. For purposes of this section, “supervised by a certificated person” means: The planning by the certificated person and the parent of objectives consistent with this subsection; a minimum each month of an average of one contact hour per week with the child being supervised by the certificated person; and evaluation of such child’s progress by the certificated person. The number of children supervised by the certificated person shall not exceed thirty for purposes of this subsection; or
  2. Provided by a parent who is instructing his or her child only and who has either earned forty-five college level quarter credit hours or its equivalent in semester hours or has completed a course in home-based instruction at a postsecondary institution or a vocational-technical institute; or
  3. Provided by a parent who is deemed sufficiently qualified to provide home-based instruction by the superintendent of the local school district in which the child resides.8

Unexcused Absence – An unexcused absence means that a child (1) has failed to attend the majority of hours or periods in an average school day or has failed to comply with a more restrictive school district policy; and (2) has failed to meet the school district’s policy for excused absences.9

Community Truancy Boards – A community truancy board is composed of members of the local community in which the child attends school. Juvenile courts may establish and operate community truancy boards. If the juvenile court and the school district agree, a school district may establish and operate a community truancy board under the jurisdiction of the juvenile court. Juvenile courts may create a community truancy board or may use other entities that exist or are created, such as diversion units. However, a diversion unit or other existing entity must agree before it is used as a truancy board. Duties of a community truancy board shall include, but not be limited to, recommending methods for improving school attendance such as assisting the parent or the child to obtain supplementary services that might eliminate or ameliorate the causes for the absences or suggesting to the school district that the child enroll in another school, an alternative education program, an education center, a skill center, a dropout prevention program, or another public or private educational program.10

Additionally, if a referral is made to a community truancy board by the court upon the filing of a truancy petition, the truancy board must meet with the child, a parent, and the school district representative and enter into an agreement with the petitioner and respondent regarding expectations and any actions necessary to address the child’s truancy within 20 days of the referral. If the petition is based on RCW 28A.225.015 (meaning, the child is six or seven years old), the child shall not be required to attend and the agreement under this subsection shall be between the truancy board, the school district, and the child’s parent. If an agreement among the parties is reached, the agreement shall be presented to the juvenile court for its approval.11 The court may, if the school district and community truancy board agree, permit the truancy board to provide continued supervision over the student, or parent if the petition is based on RCW 28A.225.015, and report on compliance with the order.12

If the truancy board fails to reach an agreement with the school district or the parents, the truancy board shall return the case to the juvenile court for a hearing.13

§2 Mandatory Attendance by Age and Exceptions

§2a Children Aged Eight Through 17

Children between age 8 and up to age 17 must, on a full-time basis, attend the public school within the district he or she resides.14 Parents have equal responsibility for ensuring their child’s school attendance.15 Full-time attendance is mandatory unless the following circumstances exist:

  • The child is attending an approved private school for the same time or is enrolled in an extension program as provided in RCW 28A.195.010(4); or
  • The child is receiving home-based instruction; or
  • The child is attending an education center as provided in RCW 28A.205; or
  • The school district superintendent of the district in which the child resides has excused the child from attendance because the child is physically or mentally unable to attend school, is attending a residential school operated by the Department of Social and Health Services (DSHS), is incarcerated in an adult correctional facility, or has been temporarily excused upon the request of his or her parents for purposes agreed upon by the school authorities and the parent; or
  • The child is 16 years of age or older and (i) The child is regularly and lawfully employed and either the parent agrees that the child should not be required to attend school or the child is emancipated; (ii) The child has already met graduation requirements in accordance with state board of education rules and regulations; or (iii) The child has received a certificate of educational competence under rules and regulations established by the state board of education under RCW 28A.305.190.16Search and rescue activities are “excused” absences under RCW 28A.225.055:The legislature finds that state-recognized search and rescue activities, as defined in chapter 38.52 RCW and the rules interpreting the chapter, are recognized as activities deserving of excuse from school. Therefore, the legislature strongly encourages that excused absences be granted to students for up to five days each year to participate in search and rescue activities, subject to approval by the student’s parent and the principal of the student’s school, and provided that the activities do not cause a serious adverse effect upon the student’s educational progress.

 

§2b Children Aged Six Through Seven

Parents and children aged six to seven are subject to truancy and compulsory attendance requirements only if the parents enroll the children in a public school.17 Again, however, these requirements are inapplicable once a parent formally withdraws that child from school—so long as the child is currently less than eight years old, and there is no pending truancy petition against the parent and/or child under RCW 28A.225.035.18

§3 School’s Duties upon Failed Attendance (RCW 28A.225.020)

§3a Children Aged Eight up to Age 1719

First unexcused absence in one month-

Inform the child’s custodial parent, parents, or guardian by a notice in writing or by telephone whenever the child has failed to attend school after one unexcused absence. School officials shall inform the parent of the potential consequences of additional unexcused absences. If the custodial parent, parents, or guardian is not fluent in English, the preferred practice is to provide this information in a language in which the custodial parent, parents, or guardian is fluent.20

Second unexcused absence in one month

The school must schedule a conference with the parent and child at a reasonably convenient time to analyze the causes of the child’s absences. This may take place during a parent-teacher conference if the parent-teacher conference is scheduled to occur within 30 days of the second unexcused absence.21 The conference may occur without the parent’s presence if the parent fails to attend, but the parent must be notified of the steps to be taken to eliminate or reduce the child’s absences.22

The school must also take steps to eliminate or reduce the child’s absences which, if appropriate, must include adjusting the child’s school program assignments, providing more individualized or remedial instruction, offering assistance in enrolling the child in available alternative schools or programs, or assisting the parent or child to obtain supplementary services that may help eliminate or ameliorate the cause or causes for the absence from school.23

Fifth through sixth unexcused absence in one month

RCW 28A.225.030(2) provides that no later than the fifth unexcused absence in one month, the school district must (1) Enter into an agreement with a student and parent that establishes school attendance requirements; (2) Refer a student to a community truancy board, if available. The community truancy board must enter into an agreement with the student and parent that establishes school attendance requirements and take other appropriate actions to reduce the child’s absences; or (3) File a petition under RCW 28A.225.030(1).

Seventh unexcused absence in one month and/or tenth unexcused absence of school year

If previous actions taken by a school district have not been successful in substantially reducing the child’s absences, and not later than the seventh unexcused absence in one month or not later than the tenth unexcused absence during the current school year, the school district is required to file a truancy petition under RCW 28A.225.035.24

§3b Children Aged Six Through Seven

First unexcused absence in one month

The school must inform the child’s parent of the child’s failure to attend school, and of the potential consequences of additional unexcused absences.25

Second unexcused absence in one month

The school must schedule a conference with the parent and child at a reasonably convenient time to analyze the causes of the child’s absences. This may take place during a parent-teacher conference if the parent-teacher conference is scheduled to occur within 30 days of the second unexcused absence.26 Note, unlike children aged 8–17, these conferences may not take place in the parents’ absence; however, the statute does not provide direction as to the school district’s responsibility if the parent does not appear. The school must also take steps to eliminate or reduce the child’s absences which, if appropriate, must include adjusting the child’s school program assignments, providing more individualized or remedial instruction, offering assistance in enrolling the child in available alternative schools or programs, or assisting the parent or child to obtain supplementary services that may help eliminate or ameliorate the cause or causes for the absence from school.27

Fifth through sixth unexcused absence in one month

RCW 28A.225.030(2) provides that no later than the fifth unexcused absence in one month, the school district must (1) Enter into an agreement with a student and parent that establishes school attendance requirements; (2) Refer a student to a community truancy board, if available. The community truancy board must enter into an agreement with the student and parent that establishes school attendance requirements and take other appropriate actions to reduce the child’s absences; or (3) File a petition under RCW 28A.225.030(1).

Seventh unexcused absence in one month and/or tenth unexcused absence of school year

If previous actions taken by a school district have not been successful in substantially reducing the child’s absences, and not later than the seventh unexcused absence in one month or not later than the tenth unexcused absence during the current school year, the school district is required to file a truancy petition under RCW 28A.225.035.28

§3c School Transfers Do Not Provide Exception

“If a child transfers from one school district to another during the school year, the receiving school or school district shall include the unexcused absences accumulated at the previous school or from the previous school district for purposes of this section, RCW 28A.225.030, and 28A.225.015.”29

§4 Truancy Petitions

§4a Timing

Fifth or sixth unexcused absence in one month

The school may file a truancy petition after the child’s fifth or sixth unexcused absence in one month.30

Seventh unexcused absence in one month and/or tenth unexcused absence of school year

The school must file a truancy petition under RCW 28A.225.035 once a child has had the seventh unexcused absence in one month and/or once a child has had the tenth unexcused absence in a school year.31

§4b Failure to File a Petition

If the school district fails to file a petition under this section, the parent of a child with five or more unexcused absences in any month during the current school year or upon the tenth unexcused absence during the current school year may file a petition with the juvenile court alleging a violation of RCW 28A.225.010.32

§4c Contents of the Truancy Petition

Truancy petitions under RCW 28A.225.030 or 28A.225.015 must allege the following:

  • The child has unexcused absences during the current school year;
  • Actions taken by the school district have not been successful in substantially reducing the child’s absences from school;
  • Court intervention and supervision are necessary to assist the school district or parent to reduce the child’s absences from school; and
  • The child’s current academic status in school.33

The petition must also include the facts that support these allegations. The request for relief should specify what the court might order under RCW 28A.225.090. The petition shall set forth the name, date of birth, school, address, gender, race, and ethnicity of the child and the names and addresses of the child’s parents, and shall set forth whether the child and parent are fluent in English and whether there is an existing individualized education program.34

§4d Notice/Service of Petition

The school district may serve petitions upon the parents and/or child by certified mail, return receipt requested. If such service is unsuccessful, or if the receipt is not signed by the addressee, then personal service is required.35

§4e Court’s Responsibilities upon Filing a Petition

When a petition is filed under RCW 28A.225.030 or 28A.225.015, the juvenile court must schedule a hearing on the petition. In the alternative, if the court determines that a referral to an available community truancy board would substantially reduce the child’s unexcused absences, the court may refer the case to a community truancy board under the jurisdiction of the juvenile court.36

If a referral is made to a community truancy board, the truancy board must meet with the child, a parent, and the school district representative and enter into an agreement with the petitioner and respondent regarding expectations and any actions necessary to address the child’s truancy within 20 days of the referral.37

If the petition is based on RCW 28A.225.015 (meaning, the child is six or seven years old), the child shall not be required to attend the meeting, and the agreement will only be between the truancy board, the school district, and the parent. The court may permit the truancy board or truancy prevention counselor to provide continued supervision over the student, or parent if the petition is based on RCW 28A.225.015.

If the truancy board fails to reach an agreement or the parent or student does not comply with the agreement, the truancy board shall return the case to the juvenile court for a hearing.

If a truancy hearing is scheduled before the court, the court shall separately notify the child, the parent of the child, and the school district of the hearing. If the parent is not fluent in English, the preferred practice is for notice to be provided in a language in which the parent is fluent. Second, the court must notify the parent and the child of their rights to present evidence at the hearing and notify the parent and the child of the options and rights available under chapter 13.32A RCW.38

The court may require the attendance of the child (if he or she is eight-years-old or older), the parents, and the school district at any hearing on a petition filed under RCW 28A.225.030. The school district is responsible for determining who shall represent the school district at hearings on a petition filed under RCW 28A.225.030 or 28A.225.015.39

The 2011 Supreme Court decision Bellevue Sch. Dist. vs. E.S., 171 Wn.2d 695, 714, 257 P.3d 570 (2011), held that youth are not constitutionally entitled to an attorney for the first truancy hearing. The legislature also enacted RCW 13.34.035(10) (prior to the E.S. decision), which allows for the initial truancy hearing to proceed without legal counsel for youth.

However, if a hearing occurs in which a student is not represented by counsel, the court shall advise the student of his or her rights by means of a colloquy between the court and the child (if he or she is eight-years-old or older, and the parent.40

The first hearing can also be held without a guardian ad litem for the child under RCW 4.08.050 (guardians ad litem for children under the age of 14). At the request of the school district, a school district representative who is not an attorney shall be allowed to represent the school district at any future hearings.41

§4f Default

The court may not issue a bench warrant for a child for failure to appear at a hearing on an initial truancy petition filed under RCW 28A.225.030. If there has been proper service, the court may instead enter a default order assuming jurisdiction under the terms specified in subsection RCW 28A.225.035(12).42

§4g Court’s Duties at Hearings, Burden of Proof, Jurisdiction Timeline, and Transfer of Jurisdiction to Another County

Notifications

Under RCW 28A.225.035(8), when a juvenile court hearing is held, the court must: (a) separately notify the child, the parent of the child, and the school district of the hearing; (b) notify the parent and the child of their rights to present evidence at the hearing; and (c) notify the parent and the child of the options and rights available under chapter 13.32A RCW.

Burden of Proof and Bases to Grant the School District’s Petition

If the allegations in the petition are established by a preponderance of the evidence, the court must grant the petition. The court then enters an order assuming jurisdiction to intervene for a period of time it determines will most likely cause the juvenile to return to and remain in school while subject to truancy proceedings. The time period should be based on the facts alleged in the petition and the circumstances of the juvenile. In no case can the order expire before the end of the school year in which it is entered.43

Report of Subsequent/Additional Violations Mandated

If the court assumes jurisdiction by finding a child truant, the school district must regularly report to the court any additional unexcused absences by the child.44

Relocation to Another County

If the juvenile court assumes jurisdiction in one county and the child then relocates to another county, the juvenile court in the receiving county shall, upon the request of a school district or parent, assume jurisdiction of the petition filed in the previous county.45

Court’s Orders for Child

Under RCW 28A.225.090(1), a court may order a child subject to a petition under RCW 28A.225.035 to do one or more of the following:

  1. Attend their current school. Minimum attendance requirements may also be set forth, including suspensions;
  2. If there is space available and the program can provide educational services appropriate for the child, order the child to attend another public school, an alternative education program, center, a skill center, dropout prevention program, or another public educational program;
  3. Attend a private nonsectarian school or program including an education center. Before ordering a child to attend an approved or certified private nonsectarian school or program, the court must (i) consider the public and private programs available; (ii) find that placement is in the best interest of the child; and (iii) find that the private school or program is willing to accept the child and will not charge any fees in addition to those established by contract with the student’s school district.

If the court orders the child to enroll in a private school or program, the child’s school district shall contract with the school or program to provide educational services for the child. The school district shall not be required to contract for a weekly rate that exceeds the state general apportionment dollars calculated on a weekly basis generated by the child and received by the district. A school district shall not be required to enter into a contract that is longer than the remainder of the school year. A school district shall not be required to enter into or continue a contract if the child is no longer enrolled in the district;

  1. Be referred to a community truancy board, if available; or
  2. Submit to testing for the use of controlled substances or alcohol based on a determination that such testing is appropriate to the circumstances and behavior of the child and will facilitate the child’s compliance with the mandatory attendance law. If any test ordered under this subsection indicates the use of controlled substances or alcohol, the minor may be ordered to abstain from the unlawful consumption of controlled substances or alcohol and adhere to the recommendations of the drug assessment at no expense to the school.46

§4h The School Districts’ Responsibility to Report to Court

If the court assumes jurisdiction, the school district shall periodically report to the court any additional unexcused absences by the child, actions taken by the school district, and an update on the child’s academic status in school at a schedule specified by the court. The first report must be received no later than three months from the date that the court assumes jurisdiction over the student.47

§4i Child’s Failure to Comply with Court Order

If the child fails to comply with the court order, the court may order the child to be subject to detention, as provided in RCW 7.21.030(2)(e), or may impose alternatives to detention such as community restitution. Detention cannot be ordered for a period greater than that permitted pursuant to a civil contempt proceeding against a child under RCW Chapter 13.32A.48

If a child continues to be truant after entering into a court-approved order with the truancy board under RCW 28A.225.035, the juvenile court shall find the child in contempt. The court may order the child to be subject to detention, as provided in RCW 7.21.030(2)(e) or impose alternatives to detention such as meaningful community restitution. Again, detention cannot be ordered for a period greater than that permitted pursuant to a civil contempt proceeding against a child under RCW Chapter 13.32A.49

None of the above court actions are applicable to children ages six through seven who otherwise must satisfy the compulsory attendance law.50

§4j Parent’s Failure to Comply with Court Order

Parents who violate either RCW 28A.225.010, 28A.225.015, or 28A.225.080 shall be fined not more than twenty-five dollars for each day of unexcused absence from school. The court shall remit 50 percent of the fine collected under this section to the child’s school district.

It is a defense for a parent charged with violating RCW 28A.225.010 to show that he or she exercised reasonable diligence in attempting to cause a child in his or her custody to attend school or that the child’s school did not perform its duties as required in RCW 28A.225.020.

The court may order the parent to provide community restitution instead of imposing a fine. Any fine imposed pursuant to this section may be suspended upon the condition that the parent participates with the school and the child in a supervised plan for the child’s attendance at school or upon condition that the parent attends a conference or conferences scheduled by a school for the purpose of analyzing the causes of a child’s absence.51

§4k Contempt

As stated above, if a child continues to be truant after entering into a court-approved order with the truancy board under RCW 28A.225.035, the juvenile court shall find the child in contempt. The court may order the child to be subject to detention, as provided in RCW 7.21.030(2) (e) or impose alternatives to detention such as meaningful community restitution. Again, detention cannot be ordered for a period greater than that permitted pursuant to a civil contempt proceeding against a child under RCW Chapter 13.32A.52

Please take note, case law on the issue of civil contempt has remained a fluid discussion by Washington appellate courts, and the court should undertake a review of applicable current court decisions prior to issuing orders of contempt and sanctions. For further discussion on this point, please refer to Chapter 10 of this book.

ENDNOTES

  1. Renee Morioka earned her Bachelor of Arts in Criminal Justice and Philosophy from Seattle University in 1992. She attended Seattle University Law School between the years 1992–1995, and during that time clerked for the Washington State Office of the Attorney General as a law clerk for both the Labor and Industries Division in Tacoma, as well as the Fish and Wildlife Division in Olympia. She has been with the Office since September 1995 as an Assistant Attorney General representing the Department of Social and Health Services in the Tacoma Office. After more than four years on Pierce County’s dependency drug court team, Renee has returned to a dependency litigation caseload. She continues to be an active member of the Office’s Juvenile Litigation Training Committee, and the in-house specialist on Becca Bill and Special Immigrant Juvenile Status (SIJS) proceedings.
  2. Meghann McCann earned her Bachelor of Arts in Music from the University of Hawaii in 1999. She attended Seattle University Law School between the years 2002–2005. Meghann has focused her practice on issues impacting juveniles and their families. Meghann represents sixteen school districts in truancy proceedings in Pierce County Juvenile Court.
  3. Wash. Const. art. IX, § 1
  4. See RCW 28A.225.
  5. RCW 28A.225.010(2).
  6. RCW 28A.225.010(3).
  7. See RCW 28A.195.010.
  8. RCW 28A.225.010(4)(a)–(c).
  9. RCW 28A.225.020(2)(a)–(b).
  10. RCW 28A.225.025.
  11. RCW 28A.225.035(5).
  12. RCW 28A.225.035(6).
  13. RCW 28A.225.035(7).
  14. RCW 28A.225.010(1).
  15. RCW 28A.225.010(1).
  16. See RCW 28A.225.010(1)(a)–(e).
  17. RCW 28A.225.015.
  18. RCW 28A.225.015.
  19. SSB 6494 amended RCW 28A.225.035(2) to read that a school district shall file a truancy petition as to a student who, under the age of 17, have failed to attend school regularly under RCW 28A.225.020.  The amended statute does not bar a school district from filing a petition as to a 17 year old, but it is not mandatory as is the case with students under age 17.  See RCW 28A.225.035(1).
  20. RCW 28A.225.020(1)(a).
  21. RCW 28A.225.020(b).
  22. RCW 28A.225.020(c).
  23. RCW 28A.225.020.
  24. RCW 28A.030(1).
  25. RCW 28A.225.015(2)(a).
  26. RCW 28A.225.015(2)(b).
  27. RCW 28A.225.015(2)(c).
  28. RCW 28A.225.030(1).
  29. RCW 28A.225.020(3).
  30. RCW 28A.225.020(4).
  31. RCW 28A.225.030(1).
  32. RCW 28A.225.010.
  33. RCW 28A.225.035(2).
  34. RCW 28A.225.035(1)–(2).
  35. RCW 28A.225.030(5).
  36. RCW 28A.225.035(4).
  37. RCW 28A.225.030(5).
  38. RCW 28A.225.035(7)–(9).
  39. RCW 28A.225.035(8)–(9).
  40. RCW 28A.225.035(7).
  41. RCW 28A.225.035(11).
  42. RCW 28A.225.035(8)(b).
  43. RCW 28A.225.035(12).
  44. RCW 28A.225.035(13).
  45. RCW 28A.225.035(15).
  46. See also RCW 28A.225.031.
  47. RCW 28A.225.035(13)(a)–(b).
  48. RCW 28A.225.090(2).
  49. RCW 28A.225.090(4).
  50. RCW 28A.225.090(5).
  51. RCW 28A.225.020(3).
  52. RCW 7.21.030(4).