SARB Frequently Asked Questions

School Attendance Review Board Frequently Asked Questions

1. What is the difference between excused and unexcused absence?

   Excused absences are defined in California Education Code (EC) Section 48205(a) .

   Individual school district governing boards adopt methods for verification of absences due to illness or quarantine pursuant to the California Code of Regulations, Title 5, Section 421 . An excused absence may be verified by a school or public school nurse or any other qualified school employee, as well as by a physician. Individual school district governing boards also have discretion in establishing uniform standards for justifiable personal reasons for excused absences from school.

2. What is the impact of classifying an absence as either excused or unexcused?

   The type of absences no longer impacts funding; schools do not receive funding for any days that a student is absent, whether excused or not. The type of absence does determine when a student can be defined as a truant and when a student is entitled to complete all assignments and tests missed during the absence (EC Section 48205[b] ).

   If a student accumulates unexcused absences of more than 30 minutes on three separate days in a school year, the student must be reported as truant and the parent/guardian must be notified (EC sections 48260 and 48260.5 ).

   School officials sometimes believe classifying absences is no longer important because all absences equally impact funding. However, knowing the type of absence is still important to select appropriate early interventions.

   Students with many excused absences may have a temporary disability which makes home and hospital instruction advisable, according to provisions of EC Section 48206.3 . A student with a temporary disability due to physical, mental, or emotional reasons may need individualized instruction to maintain their level of academic performance while recovering.

   When students are missing more school than appears necessary, a physician, public health nurse, or school employee may need to verify the reason for the student’s absence. If students are having a continuing medical issue, the school may need to provide help with referrals to appropriate health agencies.

   However, if the student is truant, school officials need to determine whether the student needs counseling or other interventions.

3. What can be done about students who move to different schools or school districts after being referred to the SARB?

   Using the Statewide Student Identifier (SSID), the unique numerical identifier assigned to each student, the CDE releases annual dropout statistics each year. Because the number of “transfer” students who drop out continues to be high, SARBs should view students who move after referral to SARB as being at high risk for leaving school. SARBs should have access to information about students in the district who were identified as dropouts, and this information should lead SARBs to focus on students who may be “lost” in the transfer process.

   A good practice would be to contact the next school or school district to determine if the student enrolled in a new school. If the student did not enroll, the student may still be living in the same school attendance area. If the student did move, it may be necessary to alert the next school district that they have a new student who was previously referred to SARB and should enroll in school.

   School districts are required to make a full and impartial investigation of school attendance complaints pursuant to EC Section 48290 . If it appears upon investigation that the parent/guardian of the child has violated any of the provisions of the compulsory education law, that person should be referred to the SARB pursuant to EC Section 48291 .

   An effective SARB should use SSIDs to review its district’s exit/withdrawal code data to be sure students are not “falling through the cracks” between schools. If resources are lacking to track students who have left school, a SARB could encourage the creation of such resources or improvement of existing resources pursuant to EC Section 48320 .

4. When do SARB directives expire?

   Although EC Section 48291 does not advise SARBs on what their directives should be or when they should expire, directives must be clear as to what actions are to be taken and for what period of time. The parent/guardian cannot be charged with continually and willfully failing to respond to directives if the directives are not clear.

   For example, if the parent/guardian is to accompany the student to school, the directive must specifically state how long this arrangement is to be in effect. If a student is to be in class every day on time unless there is a valid excuse, the directive must be clear about whether this means for the rest of the current school year or the rest of the current semester. The SARB must use good judgment in issuing directives. Although directives create accountability, they should never be used in a punitive manner toward the parent/guardian with past problems in parenting.

5. How should SARBs handle challenges to the content of school attendance or behavior records?

   It is important that major challenges to the accuracy of school records be investigated prior to a SARB meeting. The superintendent may assign the SARB chairperson to meet with the parent/guardian when there is a challenge to the accuracy of school records. These challenges should be resolved before calling for a SARB meeting by holding an informal meeting with the SARB chairperson, the parent/guardian, and the certificated person responsible for the school attendance or school behavior records in question. The SARB chairperson may ask the parent/guardian to document their objections to the school record in a letter directed to the superintendent of the school district. Resolving inconsistencies or inaccuracies in the records in advance can eliminate unnecessary SARB meetings or avoid wasted time if a meeting becomes necessary.

   As the superintendent’s designee, the SARB chairperson should report their determination about the parent's/guardian’s challenge to the district superintendent. If mistakes have been made in school records, those mistakes need to be corrected. If a parent/guardian’s allegations about school records are false and the superintendent agrees with the interpretation of their designee, the parent/guardian may appeal the superintendent’s decision to the governing board in a closed session pursuant to EC Section 49070(c)(1) . However, a disagreement over the accuracy of school records should not delay a SARB meeting if the superintendent agrees the parent/guardian’s allegations are false.

6. How many letters must be sent to the parent/guardian before the parent/guardian is notified of a hearing due to habitual truancy or irregular attendance?

   EC Section 48263 does not set a minimum number of notification letters that must be sent prior to notification of a SARB meeting. However, the parent/guardian must be notified when a student becomes a truant (EC Section 48260.5 ), and there must be a conscientious effort to hold at least one meeting with the parent/guardian and the student before the student can be designated as a habitual truant (EC Section 48262 ).

   Most school districts require three letters of truancy notification before a SARB referral, while others require four. The most important consideration is not the number of letters, but that the school has exhausted available interventions (including an attempted meeting with the parent/guardian and student) without having resolved the problem.

   A designated SARB member should review the cases referred to SARB to determine whether the school has included sufficient documentation on the student’s attendance or behavior problem and on the interventions that have been attempted. If sufficient documentation of the problem or the interventions are not included with the SARB referral, the case should be remanded to the school for further documentation about the causes of the problem.

7. What can be done when the parent/guardian refuses to appear for a SARB meeting?

   Although EC Section 48321.5 allows the SARB to subpoena the parent/guardian to a meeting, this is usually not necessary. A SARB meeting can be held without the parent/guardian present, if necessary. SARBs may request the juvenile court to issue a subpoena for relevant written information on the attendance of the minor and on the minor’s parent/guardian. Enforcement of the subpoena is within the jurisdiction of the juvenile court. EC sections 48291 and 48293 states that parent/guardian who continually and willfully fail to follow SARB directives, such as attendance at SARB meetings, will be referred for prosecution.

8. What should be done when the parent/guardian of a nonattending student states in September they intend to file a Private School Affidavit and establish a “home school” for a child?

   If the SARB already has made directives regarding the attendance of the student, the SARB should determine if home schooling is still an option for this student. The SARB could decide to modify its directives. However, if the SARB wants to maintain a directive that requires regular attendance in school until the filing of a Private School Affidavit (PSA), the parent/guardian should be warned that if there is continual and willful failure to respond to the SARB directive, a criminal complaint will be filed. If the SARB has not made directives regarding the student, the parent/guardian should be notified that the time for filing a PSA is between the first and fifteenth of October of each year, and failure to file in time could result in referral to SARB.

   If the student has an individualized education plan (IEP) or if the parent/guardian has requested an assessment, the attendance supervisor should contact the special education director in the school district. The public school district is responsible for providing a free and appropriate education (FAPE) to eligible school children with no additional costs to the parent/guardian and within specified timeframes. The special education director may be concerned about liability if the district misses deadlines required in fulfilling FAPE requirements.

   If the student’s absence is found to be due to a health issue, the parent/guardian should be informed about the availability of home and hospital instruction (EC Section 48206.3 ) or about a Section 504 accommodation plan.

9. Do SARB members from the community or volunteer aides working for the SARB have access to a student’s confidential cumulative records?

   EC Section 49076(a)(1)(A) authorizes a school district to permit access to student records without consent from parent/guardian to SARB members who have been appointed pursuant to EC Section 48321 . Any adult volunteer aide who has been investigated, selected, and trained by a SARB to monitor compliance with SARB directives also may have access to confidential records.

10. What should SARBs do if the parent/guardian refuses to sign the Board’s directives?

    SARB panel directives do not need to be signed by the parent/guardian to be enforceable, but the SARB must be able to document that the parent/guardian was notified of the directives. If the parent/guardian subsequently fails to respond to SARB directives, the SARB must be able to document that the failure to respond was both continual and willful. When there is a pattern of disregarding SARB directives, a court referral is required.

11. Can a five-year-old student enrolled in transitional kindergarten or kindergarten be referred to a SARB meeting?

    EC Section 48263(a) states that any minor who is irregular in attendance at school or is habitually insubordinate or disorderly during school may be referred to a SARB. However, the student is not subject to compulsory education until the age of six. The SARB may provide intensive guidance or community support and may make directives, but the student may not be considered a habitual truant, because the student is not yet subject to compulsory education. Therefore, the parent/guardian may not be cited for the absences.

12. What can be done when poor attendance appears to be related to bullying?

    There is no question that poor school attendance can be related to bullying, whether the student with poor attendance is the student engaged in bullying behavior, the target, or a bystander who feels anxious or uncomfortable. It is important that bullying in any form be swiftly addressed.

    Bullying is not simply a peer conflict issue but is a type of social cruelty that involves imbalance of power, intent to harm, or threat of further aggression. The solution is often not just working with the students with poor attendance but building school engagement as part of the effort to improve the school’s social environment. Professional development for all staff may be necessary as part of a comprehensive safe school plan. Students must be engaged in school in positive ways, such as clubs, sports, or other pro-social activities.

    The parent/guardian may need help in assisting their children who are bullied in school. Steps should be taken to approach bullying by addressing the school environment, staff training, family communication, individual child support, and the classroom curriculum.

13. How can SARBS help homeless students?

    Homeless students are still required to attend school. Students who experience loss of their home are afforded special rights under the McKinney-Vento Homeless Education Improvement Act (McKinney-Vento) (42 United States Code sections 11431–11435 ), which enables them to enroll immediately and attend regularly.

    McKinney-Vento grants homeless students the right to attend their school of origin or the school in the area in which they are temporarily residing. If the school of origin is chosen, they are entitled to transportation. If the parent/guardian chooses to enroll the student in a new school, they are to be accepted immediately, even if they do not have all necessary documents for enrollment, such as immunization records and transcripts. School districts must provide a homeless liaison to act as an advocate for homeless children and ensure that their rights under McKinney-Vento are protected. The homeless liaison should be invited to attend a SARB meeting, if a meeting becomes necessary.

    If a student is found to be homeless during a SARB hearing, the SARB should assign a homeless liaison, and direct the liaison to find appropriate support services, resources, and interventions to help the student and family.

14. How should SARBs respond to foster students referred to the SARB?

    Foster students placed by courts may have experiences similar to homeless students. Foster youth are also required to comply with the compulsory education laws. These students may have multiple moves in a school year and miss days of school for a variety of reasons beyond the school district’s control. Assembly Bill 490 , the Educational Rights and Stability for Foster Youth Act of 2004, made sweeping changes to the way foster children enroll in and attend school.

    Fashioned similarly to the McKinney-Vento Homeless Education Improvement Act, the Foster Youth Act provides that foster children may attend their school of origin at the time of placement change so long as it is in the student’s best interest. Further, the Foster Youth Act calls for immediate enrollment of the student even if the student does not have all required documents. The Foster Youth Act calls upon schools and placing agencies to work together to ensure transportation and timely document exchanges. It also allows for equal access to curricular and extracurricular activities and requires each district to appoint a foster youth liaison to ensure that the student’s rights are implemented.

    The SARBs should refer foster youth to the foster youth liaison, who can coordinate services with the local Department of Children’s Services or with the juvenile court. It is important for schools to include the person holding educational rights for the student in the SARB process. (This may or may not be the parent.) The identification of the education rights holder can be obtained from the local Department of Children’s Services or the juvenile court.

15. What is the role of SARBs with respect to students enrolled in Independent Study programs?

    Many public school students subject to compulsory education participate in independent study programs rather than attend the regular school for the full school day.

    Independent study serves a wide range of students with a high degree of flexibility and individualization, including students who are gifted, as well as students who face particular challenges that make classroom attendance difficult. However, some students do not meet the requirements of their independent study written agreements or do not attend their independent study meetings.

    When students do not make progress in independent study or show up for independent study meetings with teachers (as required by all independent study written agreements), they should be referred back for regular classroom instruction. If students remain absent after being enrolled in the regular classroom, further intervention activities at the school should begin immediately. If interventions are not successful, students may be referred to a SARB for further diagnosis and intervention. A student cannot be involuntarily assigned to independent study.

16. How can SARBS help students enrolled in Home and Hospital Instruction?

    When public school students incur an extended disability or illness that makes attendance in a regular day class or an alternative educational program impossible or inadvisable, the district where the student is residing at the time (whether it be in the home or a hospital) is responsible for providing instruction at the home or local hospital to maintain the student’s level of academic performance. EC Section 48208(b)(1) states that a school district shall, within five working days of receipt of notification from the parent/guardian, determine whether or not the student is eligible for individualized instruction. If the student is eligible, individualized instruction is to start no later than five working days after a positive determination has been made. If the parent/guardian or student interferes with the instruction needed to maintain academic performance during the absence from school, a referral to SARB can be made.

17. How should the school or SARB deal with absences due to lice infestations?

    Although stressful to deal with, head lice do not transmit disease to humans. Head lice policies in schools traditionally have emphasized that a student infested with head lice should be excluded from school and not able to return to school until no nits (lice eggs) were found in their hair (a “no-nit” policy). However, there is no evidence that a no-nit policy prevents or shortens lengths of outbreaks (Pollack et al., 2000, Williams et al., 2001). The American Academy of Pediatrics, the National Association of School Nurses, and the Centers for Disease Control and Prevention all oppose classic no-nit policies. In light of current research, the California Department of Public Health (CDPH) recommends a no-lice policy per the Guidance on Head Lice prevention and Control for K–12 Schools and Child Care Facilities (PDF).

    The CDPH recommends an active educational campaign for the parent/guardian on the accurate diagnosis and correct treatment of head lice cases to prevent lice transmission in schools and reduce lost school days due to head lice. The CDPH Head Lice web page provides information on the essential components of a no-lice policy, and on the description, detection, environmental control, and treatment of head lice, as well as a list of references.

    In most cases, students with head lice are treated in a timely manner by their caregivers and are able to return to school in one to two days. Therefore, a school district may develop a policy limiting excused absences for head lice to three days. However, head lice infestations in some students can develop into a chronic state, lasting for weeks or months. A chronic case is a student found infested with live lice during three separate months during a school year or for six consecutive weeks.

    Head lice infestations do not always start in school. According to the CDPH, students are less likely to contract head lice at school than they are in the home environment, where they may share beds or have close contact with siblings and playmates.

    Caregivers frequently report great stress and express anger in trying to adequately treat their student’s chronic lice, and all family members may suffer embarrassment. Ideally, a School Attendance Review Team member or other trained school employee could intervene with the family of a student experiencing repeated lice episodes by providing education, assistance, and support to prevent a chronic condition. When reported to SARB for excessive absences due to head lice, the SARB can help students and their families find possible solutions.

18. How do we respond to the parent/guardian who state their child misses too much school due to asthma?

    Asthma is the most common chronic disease of childhood and is the leading cause of school absenteeism attributed to health issues. Asthma is a lung condition characterized by periodic episodes of inflammation, narrowing of breathing passages, and increased mucous production, which can cause coughing, wheezing, and difficulty in breathing. Factors that can trigger these episodes include allergy, infection, temperature changes, irritants (e.g., air pollution, dust, and cigarette smoke), and exercise.

    A student or the parent/guardian at a SARB meeting will commonly name asthma as a reason for excessive school absences. However, students may have varying degrees of asthma, so the mere statement that a child has asthma should not be an automatic excuse for missing school. Symptoms and the disease of asthma can be controlled, and students should not have to limit their activity, according to the American Academy of Allergy, Asthma and Immunology. Asthma management and control of symptoms should start with regular medical care from a student’s health care provider.

    Several national health organizations have developed standards of asthma care and improved outcomes by developing policy guidelines. Included in the guidelines are recommendations for written Asthma Care Plans for children with persistent asthma. Using best practices, an Asthma Action Plan (PDF) is developed by the child’s primary health care provider in conjunction with the child and family, and is put in writing and shared with the child’s school and school nurse. The care plan identifies the severity of the child’s asthma and should address two components: 1) daily management related to regular medications and asthma control measures, and 2) procedures to implement in case of an asthma emergency.

    School nurses can play an important part in the management of students with asthma. A school nurse present at a SARB meeting can briefly assess the student’s degree of asthma and control measures in use, determine if the student is under regular medical care, and refer the family to a medical care provider if necessary. At school, the school nurse oversees the implementation of the Asthma Action Plan, incorporating it into an Individualized School Health Care Plan for students with severe, frequent asthma episodes. The school nurse monitors and evaluates plan outcomes, provides education, and communicates with the student’s health care provider.

    EC Section 49423.1 allows students with asthma to carry and self-administer their prescribed inhaled asthma medications upon approval of written statements.

19. How can the school or SARB help a student who says she is pregnant and thinks she should stop attending school?

    Teen mothers are less likely to graduate from high school than other young women who bear children at later ages. Many face daunting challenges of combining and meeting the demands of school, work, and parenting, and must deal with unreliable transportation, childcare, housing, and income. Some young parent(s) may be unaware that the absence of a custodial parent due to their child’s illness or medical appointment during school hours is allowed by law. (EC sections 46010 and 48205(a)(6) ).

    One option for expectant teens not attending regular high school is continuation education, an alternative high school diploma program. It is for students who have not graduated from high school, are still required to attend school, and who are at risk of not graduating.

    Many students in continuation education are behind in high school credits. Others may need a flexible school schedule because they have jobs outside of school. Some students choose continuation education because of family needs or other circumstances.

    Independent study is another option for students who are expecting a child or parenting. Independent study must be voluntary, and only those students who complete at least a minimum day are eligible for independent study attendance credit.

    Expectant adolescents and school-age parents have special considerations, such as childbirth and postpartum recovery; medical appointments; illness of the child, parent, or both; and unexpected emergencies that are difficult for most schools to accommodate. Independent study may enable these students to achieve success both in schooling and in parenting their young child.

    Independent study can offer flexible scheduling, the opportunity to work at the student’s own pace, specialized curriculum that targets the unique needs of these students and their children (e.g., prenatal nutrition, childbirth preparation, family planning, parenting skills, and child growth and development) and opportunities for a one-on-one and small group instructional approach.

20. What special considerations should be made when a student under the Individuals with Individuals with Disabilities Education Act or Section 504 of the Rehabilitation Act of 1973 is referred to a SARB?

    Students eligible for services under the Individuals with Disabilities Education Act (IDEA) or Section 504 of the Rehabilitation Act of 1973 (Section 504) may be subject to the SARB process when they do not comply with compulsory education laws. Compulsory attendance is required even if the parent/guardian contest the school’s offer of placement and services. A basic theme in the IDEA and Section 504 is that, to the extent possible, students with disabilities should have the same educational opportunities as their non-disabled peers.

    With appropriate accommodation, most disabilities should not prevent a child from attending school on a regular basis. Some disabilities, which may fall under the other health-impaired eligibility category, may require a shortened school day. It also is possible that a school phobia, emotional disturbance, or low incidence disability may make attendance at a regular comprehensive school setting inappropriate.

    In addressing students with special needs, SARB staff should take care to determine the cause of the student’s attendance problem. Are the causes intrinsic, and possibly disability related, or extrinsic? An individualized education plan (IEP) (PDF) or Section 504 plan team member should be part of the SARB process to explain the child’s disability, how it may affect attendance, and the accommodations that have been provided. The identified causes will help determine whether the solution may be found through a SARB hearing, or through the IEP or Section 504 Accommodation Plan process. Deference should be given to the latter processes when the concern is the provision of an appropriate education, e.g., addressing placement, services, and accommodations.

    Appropriate staff should screen the case to address questions such as whether the parent/guardian or student appears to be causing the problem, whether the student is appropriately identified and placed, what environmental factors seem to be affecting attendance, and whether the lack of attendance is due to frustration at school. Behaviors that may be disability related include difficulty learning, restlessness, poor peer relationships, emotional outbursts, and speech and language problems.

    The IDEA requires schools to address the behaviors of special needs students, such as attendance issues, when such behavior impedes the student’s learning. Title 34, Code of Federal Regulations (CFR) Section 300.324 requires the IEP team to consider the use of behavioral interventions and supports and other strategies to address the behavior. The SARB process provides a means by which the school may ensure that all appropriate interventions have been considered. Interventions proposed may be included in the student’s IEP.

    The SARB process also helps to ensure against the over-identification of special needs students. Generally, a student’s eligibility for special education should not be determined without first ensuring that the student is fully engaged in the academic offerings of the school. A successful SARB intervention would help school staff rule out the negative impact of irregular attendance on student performance.

    Under the IDEA and Section 504, a change of placement recommended by a SARB cannot be implemented until an IEP or Section 504 plan team conducts a manifestation determination review to determine if the child’s conduct is a manifestation of the child’s disability and approves the placement.

    34 CFR Section 300.530(e) requires an IEP team to convene within 10 school days of any decision to change a student’s placement to determine whether the behavior that prompted the decision was caused by, or had a direct and substantial relationship to, the child’s disability or directly resulted from the school’s failure to implement the IEP.

    If the team determines the behavior is due to the child’s disability, an IEP or Section 504 plan team would then review the placement to ensure it is appropriate. If the team determines the behavior is not a result of the disability, the student is subject to the school’s normal disciplinary policies.

    Although IDEA provides that special education students may receive services until the age of twenty-one compulsory education under EC Section 48200 extends only to age eighteen. After the age of eighteen, special education students attend school at their own discretion.

21. What do I do if the parent/guardian does not attend the SARB meeting?

    If the parent/guardian received a letter, hold the SARB meeting without the parent/guardian, then do one of the following:

    • Do a home visit to get the SARB contract signed.
      
      
    • Send a certified letter to the parent/guardian requesting them to meet at the office by a certain date to sign the SARB contract.
      
      
    • Schedule another SARB meeting and send a subpoena to the parent/guardian to appear via certified mail.
      
    • 
      
    • Cite the parent pursuant to EC Section 48293 for refusing to follow SARB directives to meet with SARB after a reasonable amount of time to see if the parent/guardian calls to reschedule the meeting. There must be proof that the parent/guardian received the letter to appear at SARB. (Discuss this option with local authorities.)

22. What do I do if the parent/guardian refuses to sign the SARB contract?

    Write “Parent/guardian refused to sign.” Be sure to give the parent/guardian a copy of the SARB contract. Advise the parent/guardian that they are still responsible for following SARB directives.

    The parent/guardian does not get a ticket for simply refusing to sign. The parent/guardian is asked to sign the SARB contract so there is proof the parent/guardian knows what is expected. (Discuss this with local authorities.)

23. When do SARB contracts expire?

    It is recommended to include an expiration date in the SARB contract. Best practice is to use logical expiration dates tied to natural transition points, like the end of the year for the highest grade level of the school the student is enrolled in. If the student’s attendance is still a concern when the SARB contract is near expiration, the SARB should re-hear the case and update the contract. As students get older, they may require different support and directives.

24. Can a citation be based on a violation of a contract that was issued years earlier? (The expiration date is set as the student’s eighteenth birthday.)

    It is not a good idea. If a student that had good attendance from grade three through grade seven, but their attendance becomes a problem again in grade eight, going straight to citation would not be fair. Best practice would be to work through the SARB intervention process again. Notices of truancy and habitual truancy should be sent in response to the student’s truancy. School level meetings should also be held in an attempt to intervene. If those fail, the SARB should meet to consider the student’s current needs and issue directives responsive to those needs. If the student or the parent/guardian fails to follow the new directives, referral for prosecution would be appropriate.

25. What do I do if I have a student who is not enrolled in school, but lives in my school district?

    Do a home visit first to find out if the student is enrolled in any type of educational program. The California Longitudinal Pupil Achievement Data System may be used to determine the student’s last enrollment in a California public school. If the student is not enrolled, give the family two days to enroll the student in some type of educational program. If the family does not enroll the student in your school after two days, do a second  home visit or call the parent/guardian to verify enrollment in another program. If the parent/guardian has still not enrolled the student in any program, contact the District Attorney’s Office immediately for a non-enrollment letter and refer the case to the next SARB. Truancy letters do not need to be sent or scheduling a school meeting under these circumstances.

26. What do I do if the school sent out truancy letters and held a SART last school year, but did not get a chance to hold a SARB in the same school year? Do we need to start the process over with new truancy letters and a new school meeting before referring the family to SARB?

    Best practice is to hold SARB during the summer recess to prevent the problem from impacting the student’s attendance during the next school year.

    There is no legal requirement that the SARB hearing be held the same school year as the SART. The first notification of truancy, conscientious effort to meet with the parent/guardian (SART) and notice of habitual truancy must occur during same school year. If necessary, the SARB hearing responding to the report of habitual truancy can be held at the start of the year.

27. What do I do if the school sent out truancy letters last school year, but never held a SART and the student is starting the new school year with more absences?

    Start the process anew. Send truancy letters in response to new truancies and schedule the SART as soon as it is clear the pattern is continuing. If the pattern continues send the notice of habitual truancy. Refer to SARB if necessary.

28. How many times can a student miss school before I can ask law enforcement to cite the parent/guardian for violating the SARB contract?

    The criteria for requesting a ticket against the parent/guardian is whether the parent/guardian continually and willfully failed to respond to SARB directives or services provided by SARB per EC Section 48291 .

    The number of absences needed depends on the age of the student. If the student is six years old, up to grade five, the court will look at the parent/guardian to enforce compulsory education laws. Under these circumstances, the parent/guardian who does not take their child to school on three different days is continually and willfully violating SARB directives.

    The parent/guardian of a student in middle school or high school who has poor attendance is not really being cited because of the absences. The parent/guardian is being cited for knowing that their child has poor attendance and not doing what SARB “directed” them to do to fix the problem. When you draft the SARB contract, it is best to include things the parent/guardian has control over: some examples include:

    • Calling the school on a regular basis regarding attendance
    • Waiting until their child gets on the school bus before leaving
    • Waiting until their child enters the school before leaving
    • Shadowing the student at school if the student ditches classes at school
    • Completing parenting classes

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