Transcript Truancy911197final - BCSD Static Server

Attendance Enhancement
and
Truancy Reduction
Bakersfield City School District
Student Services Department
Mike Skiba - Supervisor
September 2011
Goals
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Identify the laws which apply to school attendance.
Introduce the School Attendance Review Board (SARB) members
and their role on the board.
Define truancy.
Identify what is and is not a legally valid excuse to be absent from
school.
List the efforts that are made to assist students and families
overcome obstacles preventing them from regular attendance at
school.
Give participants a complete overview of the SARB process and
how to make a referral to the SARB.
Describe the consequences a students and families face for noncompliance with mandatory attendance laws.
What We Are Up Against
The following is an actual message from a parent
taken by a Student Services Department staff
member:
Re: SARB meeting today @ 11:15 a.m. Cannot
come – wants to reschedule because she is
running from CPS, needs to get drug tested,
needs to get renewal for food stamps and cash
aid, needs to meet with PGE because utilities cut
and has no power, and needs to meet with bank
because home foreclosed on.
The Team
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School site staff
Mike Skiba – SARB Chairperson
Holly Mitchell – Deputy District Attorney
Javier Rios – Probation
Officer/Attendance Coordinator
Kelly Earls, Debbie Wood – Health
Services
Hal Lockey – Child Protective Services
Jennifer Painter, Fran Gunner, Cynthia
Romero, Rosie Painter– BCSD staff
Yesenia Gonzalez, Janie Pena –
Department of Human Services
Leticia Gonzalez – Support staff
California’s Mandatory Attendance Laws
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Every person 6 to 18 years of age not
legally exempted must attend public
school full-time (Education Code Section 48200, BP
602.13) (emphasis added)
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“Full” school day
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Excused and unexcused absences (e.g.,
(The Governing Board shall fix
the length of the school day subject to the provisions of law
(Education Code Section 46100, BP 400.8)
Health reasons, family emergencies, justifiable personal
reasons [Education Code Section 46010, 48216, 48205; BP
602.6])
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Exemptions from attendance (e.g. private
school, private tutor, work permit [Education Code Section
48222 – 48225, 48230, 48231; BP 605.4})
Truancy Defined
A pupil is a truant if s/he is subject to full-time education
and does one or any combination of the following: (1) is
absent from school without a valid excuse three full
days in one school year; or (2) is 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 (Education Code Section 48260).
* [Or any combination of (1) and (2) above.]
Do Compulsory Attendance Laws Apply to
Students in Special Education?
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Yes, PLUS there is a requirement for the
district to offer a “Free Appropriate Public
Education” to each student identified
under the Individuals with Disabilities
Education Act.
Outcomes of Chronic Truancy
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Truancy is a “Gateway Crime”
Reduced opportunities to learn/academic
performance
Interference with social development
Increased risk of child abuse and neglect
Increase in community crimes/delinquency
At risk for dropping out of school
Substance abuse, including early onset of
Stress on the child and family
Higher rates of emotional problems later in life
Later risk for joblessness and poverty
Why Children Might Have Severe and
Chronic Attendance Problems
Student
(e.g., separation, social, and avoidance anxiety; depression;
victimization; juvenile delinquency)
Medical
(e.g., somatic complaints with or without presence of medical
condition)
Family
(e.g., family pathology - anxious/depressed parent uses student as
a support person; substance abuse; student required to work; cover up child
abuse/neglect)
School
(e.g., poor teacher-student relationships; academic difficulties;
school climate, bullying)
(Bernstein & Garfinkel, 1986, 1988; Bernstein et. al. 1997; Last, Francis, Hersen, Kazdin, &
Strauss, 1987; Kearney, 2001; King et al., 1995; Last & Strauss, 1990)
Parent Education
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Parents/guardians and students must
understand that school attendance for students
6 – 18 years of age is not a matter of choice,
but is a legal mandate.
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The District also has a duty as assigned by
State attendance laws and is required to use
appropriate legal means to correct problems of
excessive absence or truancy. (BP 602.13 –
Truancy)
What does the District do to
Decrease Truancy?
To fulfill its legal duties, the District:
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Maintains a student attendance accounting system tracking
student full day and partial day absences;
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Requires parents/guardians to provide information to the
school whenever a student has a full or partial day absence;
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Uses incentive programs to encourage attendance;
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Sends letters or other notices when a student meets the legal
definition of a truant;
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Refers parents/guardians to outside agencies to help resolve
the reasons for school absence;
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Convenes school problem solving teams;
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Uses a School Attendance Review Board; and
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Coordinates services with the Office of the District Attorney, the
Probation Department, the Department of Human Services
including Child Protective Services, and the Health
Department.
Legally Valid Excuses for Absences –
Most Common
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Personal illness of the student.
Medical, dental, optometric, or chiropractic appointments.
Attendance at funeral services for a member of the immediate
family.
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Excused absence in this instance shall be limited to one
(1) day if the service is conducted in California or three (3)
days if the service is conducted out of state.
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"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 Section 48200, BP 602.13)
Legally Valid Excuses for Absences –
Less Common
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Quarantine under the direction of a county or city health officer.
The illness or medical appointment during school hours of a child to
whom the student is the custodial parent.
Upon advance written request by the parent/guardian and the approval of
the principal or designee, justifiable personal reasons including but not
limited to:
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Appearance in court.
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Observation of a holiday or ceremony of his/her religion; such
observation is not subject to the limitations of the following two bullet
points.
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Attendance at religious retreats not to exceed four (4) hours per
semester.
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Participation in religious instruction or exercises in accordance with
district policy. In such instances, the student shall attend at least the
minimum school day. The student shall be excused for this purpose
on no more than four (4) days per school month.
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Attendance at an employment conference.
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Attendance at an educational conference on the legislative or judicial
process offered by a nonprofit organization.
Service as a member of a precinct board for an election.
Unexcused Absences – Most Common
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Family vacation
Mild stomachache
Mild headache
Parent’s appointment
Parent’s illness
Caring for sibling
Cutting school
Otherwise would have been excused, but
parent failed to call school
Head Lice
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Students can be excused from school for
one (1) day each time they have a new
occurrence of head lice.
A new occurrence of head lice is defined
as being infected with head lice after
having been uninfected (clean) for
approximately 60 school days.
What Happens When a Student is
Identified as a Truant?
REMEMBER…
A pupil is a truant if s/he is subject to full time
education and: (1) is absent from school
without a valid excuse three full days in one
school year; or (2) partial days for more than
any 30-minute period during the school day,
or (3) any combination of the above.
What Happens When a Student is
Identified as a Truant? – Step 1
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Three unexcused events – T1 letter is sent.
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Sample T1 letter:
THIS IS A NOTICE THAT <Name of Student> HAS BEEN CLASSIFIED AS A
TRUANT. A pupil is a truant if s/he is subject to full time education and does one or
any combination of the following: (1) is absent from school without a valid excuse
three full days in one school year; or (2) is tardy or absent for more than any 30minute period during the school day without a valid excuse on three occasions in
one school year (Education Code Section 48260).
We have listed below the days your child was absent from school and/or the dates
your child was late over thirty (30) minutes without a valid excuse.
Absent Without a Valid Excuse
Tardy/Absent Partial Day:
Over 30 Minutes Without A Valid Excuse
<Date>
<Date>
What Happens When a Student is
Identified as a Truant? – Step 2
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Fourth unexcused event – T2 letter is sent and
effort is made to invite parent to a conference.
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Sample T2 letter:
THIS IS A NOTICE THAT <Name of Student> IS AGAIN A TRUANT FOR A SECOND TIME
DURING THIS SCHOOL YEAR.
I am again writing you concerning your child’s attendance or absence from school for a partial
day problem. On <date>, I sent you a notice of your child’s initial classification as a truant.
California law provides that a pupil is a truant if s/he is subject to full time education and does
one or any combination of the following: (1) is absent from school without a valid excuse three
full days in one school year; or (2) is 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 (Education Code
Section 48260).
After initially being classified as a truant, your child continues to be absent without a valid
excuse. This classifies your child as a truant for a second time (Education Code Section
48261).
Absent Without a Valid Excuse
Tardy/Absent Partial Day Over 30 Minutes
Without A Valid Excuse
< Date>
<Date>
The law requires you, as a parent/guardian, to send your child to school every day and on
time. This is NOT an option. You will leave us with no choice but to refer your case for review
by the School Attendance Review Board and/or review for possible prosecution by the Kern
County District Attorney’s Office should your child continue to not come to school or to come to
school late.
Each Step Escalates the Seriousness of the
Consequences:
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Letter #1 - Classification as Truant
Letter Only
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Letter #2 - Second Classification as
Truant
Letter & Conference with School Representative
Importance of School Attendance Coordinator
Conference and Outreach Efforts
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Identify and assess the problem(s),
analyze the data, and plan intervention
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Document efforts to help
Identification of a Student as a “Habitual
Truant” – Step 3
“Habitual Truant” is:
Any pupil is deemed an habitual truant who has been
reported as a truant three (3) or more times per school
year
plus
An appropriate school employee has made a
conscientious effort to hold at least one (1) conference
with a parent or guardian of the pupil and the pupil
himself/herself.
(California Education Code Section 48262)
Identification of a Student as a “Habitual
Truant” – Step 3
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Fifth unexcused event – T3 letter is sent and parent is invited to a
meeting with the BCSD Attendance Coordinator. (Probation Officer
– Javier Rios)
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Sample T3 letter:
Your child has been previously reported as a truant on <dates of prior letters>. This third letter is
NOTICE THAT YOUR CHILD IS NOW DECLARED A HABITUAL TRUANT pursuant to
(Education Code Section 48262).
Additional date(s) of truancies:
Absent Without a Valid Excuse
Tardy/Absent Partial Day Over 30 Minutes
Without A Valid Excuse
<Date>
<Date>
The school has attempted to work with you to solve your child’s attendance problem with little
success. A meeting will be scheduled for you and your child to meet with the Bakersfield City
School District’s Attendance Coordinator. You will receive notice with the details of this meeting.
Failure to attend or reschedule will result in the immediate referral to the School Attendance
Review Board.
In the event you receive CalWORKS benefits, your benefits may be sanctioned if your child
continues to have attendance problems.
A parent who fails to meet the obligation to send his/her student to school may be guilty of an
infraction and subject to prosecution (Education Code Section 48290).
Sending the Truancy Notices
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Use the MyTRD100 report on “Complete
School”.
Javier Rios
Probation Officer/BCSD Attendance Coordinator
Bakersfield City School District
Probation Dept. 852-5786
[email protected]
[email protected]
Attendance Coordinator meeting
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Fifth unexcused event – T3 letter is sent and parent is
invited to a meeting with the BCSD Attendance
Coordinator.
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Parent attends the meeting:
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A contract is developed and student’s attendance is monitored by
school site staff, or:
The student and parent are referred to the School Attendance
Review Board (SARB)
Parent fails to attend the meeting:
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The student and parent are referred to the School Attendance
Review Board (SARB)
The SARB Referral Packet
STUDENT INFORMATION:
Name ________________________________ SID# __________ School ______________
Home language ________________________ Interpreter required? Yes _____ No _____
Mother ______________________ ________________________ ___________________
Name
Address
Phone Number
Father ______________________ ________________________ ____________________
Name
Address
Phone Number
Legal Guardian ____________________ _____________________ __________________
Home Phone ___________________________ Daytime Phone ____________________
Address
Bakersfield CA 933
Street
Apt. #
City
State
Zip
Sibling Name
Grade School Sibling Name
Grade School
1) ________________ _____ __________ 3) __________________ _____ __________
2) ________________ _____ __________ 4) __________________ _____ __________
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This student has been referred to the SARB in the past. Year_________
REQUIRED ACTION BY SCHOOL:
COMPLETE AND ATTACH THE FOLLOWING SCREENS FROM “COMPLETE SCHOOLS”:
ATTENDANCE (FULL YEAR); TRUANCY LETTER INFO, AND TRUANCY TRACKING
INFO (NON-AUTOMATED LETTERS.
ATTACH COPY OF CUMULATIVE FOLDER SHOWING PAST ATTENDANCE HISTORY.
ATTACH COPY OF TEAM FOR STUDENT SUCCESS DOCUMENTATION.
Habitual Truant
(3 + 1 +1) + Conscientious Effort
Why is “Habitual Truant” Status
Important?
Once a student is classified as an
“Habitual Truant” the parents/guardians
and student become subject to the
jurisdiction of the courts.
DEPUTY DISTRICT ATTORNEY
HOLLY N. MITCHELL
661 868-1653 work
Email: [email protected]
1215 TRUXTUN AVENUE
BAKERSFIELD, CA 93301
DDA HOLLY MITCHELL’S SCHEDULE:
BAKERSFIELD CITY SCHOOL DISTRICT
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SARB Meetings Schedule—Every Monday throughout
the school year (except Holidays, then Tuesday
following the Holiday) 9 a.m. – 3:00 p.m.
Available by email or telephone for questions/inquiries
that are relevant to DDA truancy function.
Parent Group Meetings as scheduled and available.
DDA Participation in Meetings:
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DDA/STUDENT/PARENT MEETINGS (DA
Mediation)
Upon specific request and as approved and
scheduled by DDA.
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SCHOOL SITE LARGE GROUP PARENT
MEETINGS
By scheduling with Dep. Dist. Attorney
Daytime or Evenings by Appt and availability
Contact DDA Holly Mitchell @ 868-1653 or
[email protected] to schedule.
DDA Orientation Meeting
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Group Parent Meeting
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The Goal is Prevention with a Positive Message
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Orientation letter
“…”your child has an excessive number of
absences…”
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See handbook for complete letters
DDA Orientations
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Scheduled at the end of the school day if possible.
May be scheduled in the evening (coordinate with
DDA)
SARB coordinator (Javier Rios) may be present if
available.
DDA Power Point presentation can be accessed on
BCSD website
Presentation should be reviewed by responsible
staff member prior to date
Double check equipment prior to presentation
The School Should…
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Create an alphabetized list of student/SID’s invited to the
meeting
Have the PowerPoint on computer and ready to go
Arrange for microphone(s)/podium for speaker(s)
Have at least one school representative present
Have an interpreter present and prepared
Supply pens and pencils for parents to use
Have adequate copies of sign-in sheets
Have adequate copies of “attendance agreements” for
parents to sign.
Distribute evaluation forms for completion by parents
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See Handbook
In Addition to your Individual School Site
Meeting:
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Parents/Students may attend
meetings at other school sites
Parents/Students may attend
meetings at the Education Center
DDA Mediation
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The Goal is Prevention.
Meeting will take place between the parent, child and
DDA ( as determined by the DDA and based upon
availability).
Parents/students notified of “…the right to remain
silent…”
Root causes of truancy discussed.
Plan for rehabilitation formulated.
Agreement document signed.
Court Filing Process
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SARB Panel recommends issuing citation to parent
and/or minor ( minimum age:11 years old)
Law Enforcement Officer (Truancy Officer or SARB
coordinator) issues citations and gives them to support
staff designee.
Court packets produced and submitted to District
Attorney for Review.
DDA reviews packet and decides whether to file case
with court.
What Happens in Court
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Parent and student summoned to Court by mailed
notice on specific date.
Parents and students required to attend.
DDA meets with families and reviews attendance
records with them ( Need updated attendance records
from school site/district. This is requested 1-3 days
before the court date)
Penalties: Fine imposed ($420 parents, $380 for
minors), school attendance terms, parenting classes,
community service, counseling, etc. (case by case
basis)
All Court hearings for truancy heard in Bakersfield at
Juvenile Court 2100 College Avenue (currently every
Thursday Afternoon @ 1 p.m.).
What Happens After Court
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Case is Continued for Review and
compliance with Court Orders
Update on Court Action sent to School
District designee for distribution to various
school sites.
Additional Penalties for Minors
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Contempt of Court Proceedings
Hearing Held (Need additional attendance
history and records info from school site)
Possible Juvenile Hall Confinement for
two weekends for Contempt of Court..
Older Students…Loss of Drivers’ License
privileges for 1 year from date of eligibility
Contempt Case Proceedings
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DDA will need additional attendance information and
specific information regarding contacts with student and
parent for contempt cases.
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Minor can be confined for up to two weekends in
Juvenile hall.
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Minor is normally confined for the first weekend and
given a month to improve before the second weekend is
imposed.
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Contempt Weekends held six (6) times per school year.
Reserved for most CHRONIC truant students( i.e.
those students who continue to be truant after court
appearances).
Repeat Offenders/Penal Code PC 270.1
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New law passed last year which targets
the parents of minor children 6 years
(kinder or first grade) to 8 graders
inclusive.
Chronic truant defined as “absent without
valid excuse for 10% or more of the
school days in one school year”
(Education Code 48263.6
Penal Code 270.1 (cont)
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Parents can face misdemeanor charges
with penalties of :
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$2000 fine
Imprisonment in county jail up to one year
Both fine and imprisonment
Penal Code 270.1 (cont)
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As a rule, the parent will be offered the opportunity by
the court to correct the attendance issue by a process
called “Deferred entry of judgment”.
Parent would enter a guilty plea, and their “sentencing”
would be continued to allow them to improve the
attendance and comply with any court referrals
(counseling, parenting classes, mental health, etc.)
Failure to comply with the terms may result in the court
or the DDA requesting that judgment be entered and
the parent be sentenced to the penalties per PC 270.1.
Penal Code 270.1 (cont).
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Requires that District Attorney “prove” a
violation of this code section.
May require a trial with witnesses from the
school district.
School sites need to be diligent in keeping
records of the attendance history and relevant
comments during home visits or meetings
where parents make incriminating comments
about why their child is absent from school.
Enforcement of PC 270.1 in Kern County
Truancy Process
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DDA Mitchell currently has approximately
6-8 families in the Bakersfield City School
District that are currently being reviewed
for charges pursuant to this code section
for school attendance in the 2010-2011
school year.
The district will be provided with detailed
procedure for submitting these cases for
review in the future.
Does SARB Make a Difference?
What is SARB’s Effect District-Wide?
2008-2009
Total ADA Gained per Year
$1,200,000.00
$1,071,440.00
$1,000,000.00
$761,803.00
$800,000.00
$600,000.00
Total ADA Gained per Year
$427,307.00
$400,000.00
$200,000.00
$66,229.00
$60,769.00
$50,226.00
$42,278.00
$0.00
T1
T2
Sit Meeting
T3
Conference
with
Attendance
Coordinator
SARB
Meeting
Citation/Court
Does SARB Increase Instructional Days?
2008-2009
Instructional Days Gained per Student per Year
9.36
10.00
9.00
9.00
7.90
8.00
6.48
7.00
6.00
5.22
6.48
5.40
5.00
4.00
3.00
2.00
1.00
0.00
Instructional Days Gained per Student per Year
What is SARB’s Effect District-Wide?
2008-2009
Total Instructional Days Gained Per Year
40,000
36,493
35,000
30,000
25,947
25,000
20,000
Total Instructional Days Gained Per Year
14,554
15,000
10,000
5,000
2,256
2,070
1,711
1,440
0
T1 Letter
T2 Letter
SIT Meeting
T3 Letter
Conference
With
attendance
Coordinator
SARB
Meeting
Citation/Court
Does SARB Increase ADA?
2008-2009
Average Daily Attendance (ADA) Gained per Student per Year
$300.00
$274.80
$264.24
$232.00
$250.00
$190.25
$200.00
$153.26
$190.25
$158.54
$150.00
$100.00
$50.00
$0.00
Average Daily Attendance (ADA) Gained per Student
Per Year
How many BCSD Students received
SARB Services?
2008-2009
Number of Students Receiving Service
6991
7000
6000
4805
5000
4000
Number of Students Receiving Service
3000
2246
2000
1000
262
241
264
160
0
T1
T2
SITmtg
T3
Conference
with
Attendance
Coordinator
SARB
Meeting
Citation/Court
COLLABORATION
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Working together =
Good Attendance =
Good Grades =
Success in School =
The ability to Make Life Choices =
Responsible, Crime-Free Adults
Questions/Issues
THANK YOU!