SARB

Student Attendance Review Board (SARB)

Parents are responsible for a child’s attendance from the age 6 until age 18 (Education Code 48200). Students shall be classified as truant if absent from school without a valid excuse three full days in one school year, or tardy or absent for more than any 30-minute period during the school day without a valid excuse on three occasions in one school year, or any combination thereof. Such students shall be reported to the Superintendent or designee. (Education Code 48260).

Effective January 1, 2011 Penal Code 270.1 became State Law – A parent or guardian of a pupil of six years of age or more who is in kindergarten or any grades 1 to 8, inclusive, and who is subject to compulsory full-time education or compulsory continuation education, whose child is a chronic truant as defined in Section 28263.6 of the California Education Code, who has failed to reasonably supervise and encourage the pupil’s school attendance, and who has been offered language accessible support services to address the pupil’s truancy, is guilty of a misdemeanor punishable by a fine not exceeding two thousand dollars ( $2,000 ) or by imprisonment in a county jail not exceeding one year, or by both that fine and imprisonment. Truancies may result in a pupil being subject to suspension, restrictions, or delay of the pupil’s driving privilege pursuant to Section 13202.7 of the California Vehicle Code.

Local Law Enforcement and Child Protective Services may be contacted. As this student’s parent/guardian you are obligated by law to compel the attendance of your child at school until she/he has reached the age of 18 or has graduated.

California Labor Code

230.8. (a) (1) No employer who employs 25 or more employees working at the same location shall discharge or in any way discriminate against an employee who is a parent, guardian, or grandparent having custody, of one or more children in kindergarten or grades 1 to 12, inclusive, or attending a licensed child day care facility, for taking off up to 40 hours each year, not exceeding eight hours in any calendar month of the year, to participate in activities of the school or licensed child day care facility of any of his or her children, if the employee, prior to taking the time off, gives reasonable notice to the employer of the planned absence of the employee.

Absences & Excuses

Excused Absences

A student's absence shall be excused for the following reasons:

  1. Personal illness (Education Code 48205)
  2. Quarantine under the direction of a county or city health officer (Education Code 48205)
  3. Medical, dental, optometrical, or chiropractic appointments (Education Code 48205)
  4. Attendance at funeral services for a member of the immediate family (Education Code 48205)
    1. Excused absence in this instance shall be limited to one day if the service is conducted in California or three days if the service is conducted out of state. (Education Code 48205)
    2. "Immediate family" shall be defined as mother, father, grandmother, grandfather, spouse, son/son-in-law, daughter/daughter-in-law, brother, sister or any relative living in the student's immediate household. (Education Code 45194, 48205)
  5. Jury duty in the manner provided by law (Education Code 48205)
  6. The illness or medical appointment during school hours of a child to whom the student is the custodial parent (Education Code 48205)
  7. Upon advance written request by the parent/guardian and the approval of the principal or designee, justifiable personal reasons including but not limited to: (Education Code 48205)
    1. Appearance in court
    2. Attendance at a funeral service
    3. Observation of a holiday or ceremony of his/her religion
    4. Attendance at religious retreats not to exceed four hours per semester
    5. Attendance at an employment conference
  8. Service as a member of a precinct board for an election pursuant to Elections Code 12302 (Education Code 48205)
  9. Participation in religious instruction or exercises in accordance with district policy: (Education Code 46014)
    1. In such instances, the student shall attend at least the minimum school day
    2. The student shall be excused for this purpose on no more than four days per school month

Method of Verification

When students who have been absent return to school, they shall present a satisfactory explanation verifying the reason for the absence. The following methods may be used to verify student absences:

  1. Written note from parent/guardian, parent representative, or student if 18 or older. (Education Code 46012)
  2. Conversation, in person or by telephone, between the verifying employee and the student's parent/guardian or parent representative. The employee shall subsequently record the following:
    1. Name of student
    2. Name of parent/guardian or parent representative
    3. Name of verifying employee
    4. Date(s) of absence
    5. Reason for absence
  3. Visit to the student's home by the verifying employee, or any other reasonable method which establishes the fact that the student was absent for the reasons stated. A written recording shall be made, including information outlined above.
  4. Physician's verification
    1. When excusing students for confidential medical services or verifying such appointments, district staff shall not ask the purpose of such appointments but may contact a medical office to confirm the time of the appointment.
    2. When a student has had 10 absences in the school year for illness verified by methods listed in #1-3 above, any further absences for illness must be verified by a physician.

Truancy

An attendance supervisor or designee, peace officer, or school administrator or designee may arrest or assume temporary custody, during school hours, of any minor student found away from his/her home who is absent from school without a valid excuse. Any person so arresting or assuming temporary custody shall deliver the student and make reports in accordance with Education Code 48265 and 48266. (Education Code 48264)

  • (cf. 3515.3 - District Police/Security Department)
  • (cf. 5113 - Absences and Excuses)

 

Upon receiving a complaint from any person that a parent/guardian has violated the state compulsory education laws contained in Education Code 48200-48341, the Board of Education or district attendance supervisor shall make a full and impartial investigation of all charges. If it appears upon investigation that the parent/guardian has violated these laws, the Superintendent or designee shall refer such parent/guardian to the school attendance review board.

  • (Education Code 48290, 48291, 48292)

 

Strategies for Addressing Truancy

The following steps shall be implemented based on the number of truancies committed by the student:

  1. Students shall be classified as truant if absent from school without a valid excuse three full days in one school year, or tardy or absent for more than any 30-minute period during the school day without a valid excuse on three occasions in one school year, or any combination thereof. Such students shall be reported to the Superintendent or designee. (Education Code 48260)

    The parent/guardian of a student classified as a truant shall be notified of the following: (Education Code 48260.5)

    1. The student is truant.
    2. The parent/guardian is obligated to compel the student to attend school.
    3. The parent/guardian who fails to meet this obligation may be guilty of an infraction of the law and subject to prosecution pursuant to Education Code 48290-48296.
    4. Alternative educational programs are available in the district.
      • (cf. 6181 - Alternative Schools)
      • (cf. 6182 - Opportunity School/Class/Program)
      • (cf. 6184 - Continuation Education)
    5. The parent/guardian has the right to meet with appropriate school personnel to discuss solutions to the student's truancy.
    6. The student may be subject to arrest by a probation officer, a peace officer, a school administrator, an attendance supervisor or his/her designee under Education Code 48264 if found away from home and absent from school without a valid excuse.
    7. The student may be subject to suspension, restriction or delay of his/her driving privilege pursuant to Vehicle Code 13202.7.
    8. It is recommended that the parent/guardian accompany the student to school and attend classes with the student for one day.
      • (cf. 5145.6 - Parental Notifications)
      •  

    Upon his/her first truancy, a student may be given a written warning by a peace officer. A record of this warning may be kept at school for not less than two years or until the student graduates or transfers from the school. If the student transfers, the record may be forwarded to the new school. (Education Code 48264.5)

    • (cf. 5125 - Student Records)

    Upon a student's first truancy, the student may be required to attend makeup classes on one day of a weekend pursuant to Education Code 37223. (Education Code 48264.5)

  2. Any student who has once been reported as a truant shall again be reported to the Superintendent or designee as a truant if he/she is absent from school without valid excuse one or more days or is tardy on one or more days. (Education Code 48261)

    Upon his/her second truancy within the same school year, a student may be assigned to an after-school or weekend study program within the county. If the student fails to successfully complete this study program, he/she shall be subject to item #3 below. (Education Code 48264.5)

    • (cf. 6176 - Weekend/Saturday Classes)

    In addition, an appropriate district staff member shall make every effort to hold at least one conference with the student and parent/guardian and may discuss resources available for achieving regular school attendance.

    • (cf. 1020 - Youth Services)
    • (cf. 1400 - Relations Between Other Governmental Agencies and the Schools)
    • (cf. 6158 - Independent Study)
    • (cf. 6164.2 - Guidance/Counseling Services)
    • (cf. 6164.5 - Student Study Teams)
    • (cf. 6178.1 - Work Experience Education)
  3. Upon his/her third truancy within the same school year, a student shall be classified as a habitual truant. (Education Code 48262, 48264.5)

    Students who are habitual truants, irregular in school attendance, or habitually insubordinate or disorderly during attendance at school may be referred to, and required to attend, a school attendance review board, a truancy mediation program established by the district attorney or the probation officer, or a comparable program deemed acceptable by the district's attendance supervisor. (Education Code 48263, 48264.5)

    Upon making a referral to a school attendance review board or the probation department, the Superintendent or designee shall provide the student and parent/guardian, in writing, the name and address of the school attendance review board or probation department and the reason for the referral. This notice shall indicate that the student and parent/guardian shall be required, along with the district staff person making the referral, to meet with the school attendance review board or probation officer to consider a proper disposition of the referral. (Education Code 48263)

    If the student does not successfully complete the truancy mediation program or other similar program, he/she shall be subject to item #4 below. (Education Code 48264.5)

  4. Upon his/her fourth truancy within the same school year, the student shall be within the jurisdiction of the juvenile court. (Education Code 48264.5; Welfare and Institutions Code 601)

    If a student has been judged by the county juvenile court to be a habitual truant, the Superintendent or designee shall inform the juvenile court and the student's probation or parole officer whenever that student is truant one or more days or tardy on one or more days without a valid excuse in the same or succeeding school year, or is habitually insubordinate or disorderly at school. The juvenile court and probation or parole officer shall be so notified within 10 days of the violation. (Education Code 48267)


Reports

The Superintendent or designee shall gather and transmit to the County Superintendent of Schools the number of referrals and types of referrals made to the school attendance review board and the number of requests for petitions made to the juvenile court. (Education Code 48273)


Impact Upon Grading Policy

  1. Students must attend classes 90% of any marking period in order to receive a passing grade. The 90% attendance provision includes regular attendance, excused absences and cleared unexcused absences that have been approved through the appeals process.
  2. Students who accumulate 10% or more unexcused absences that have not been approved through the appeals process will receive a failing grade for the class for the marking period.
  3. Whenever it becomes evident to the teacher that a student is in danger of failing a course due to unexcused absences, the teacher shall prepare a written report to the parent/guardian of the student and shall request the parent/guardian of the student to attend a conference with the teacher. The refusal of the parent/guardian to attend the conference, or to respond to the written report, shall not preclude failing the student at the end of the grading period.
  4. In accordance with the requirement of Education Code 49067, a method shall be established for identification in the student's record of any failing grade assigned to the student on the basis of excessive unexcused absences.

General Procedures Regarding Attendance Policy

  1. The attendance office is open and the attendance clerk is available during school hours from 7:30 a.m. to 4:30 p.m. when school is in session.
  2. Attendance is taken each class period at high school, morning and afternoon at middle school and every morning at Pine and Finley schools.
  3. All students absent from school must clear the absence in the office. A phone call, a note or a permit to leave campus must be on file to excuse a student from missing a class or classes.
  4. If a note or a phone call to clear a student's absence is not received on the day the student returns, the student has 48 hours to clear the absence or it will be considered an unexcused absence.
  5. Checking Out: Once on campus, students are not to leave without first obtaining a check-out slip from the Attendance Office. Passes for medical or dental appointment must be obtained by presenting a note from parents/guardians or a call from home. If a student becomes ill and wishes to go home, or must leave campus for any other emergency reason, he/she must check out through the attendance office and get a check-out slip.