Sen. Brad Ashford Introduced LB 933
*Sen. Ashford's bill changes the process by which children who have accrued 20 absences are investigated by the county attorney, and the location of the first meeting with parents after school administrators, in collaboration with the County Attorney, have decided what action to take. It does not change the fact that children who miss twenty days (even if those days are excused via school district policy) will have their "case" reviewed (investigated) by the county attorney.
If the child is absent more than twenty days per year or the hourly equivalent, the attendance officer shall file a report school district shall review the case with the county attorney of the county in which such person resides, and they shall determine if any further action is necessary to get the child to attend school regularly. If the school district and the county attorney determine that further action is necessary to address the child’s attendance, there shall be a meeting between the parents of the child, the school, and the county attorney or his or her designee at a location determined by the school. The county attorney may file a complaint against a person violating section 79-201 before the judge of the county court of the county in which such person resides charging such person with violation of section 79-201 or may file a petition under the Nebraska Juvenile Code alleging the person violating section 79-201 is a juvenile described in subdivision (3)(a) or (3)(b) of section 43-247. Nothing in this section shall preclude a county attorney from being involved at any stage in the process to address excessive absenteeism.
Sen. Abbie Cornett Introduced LB 917
*Sen. Cornett's bill exempts absences due to documented illness, or deployment activities of a military parent, from both school level/district level interventions, and review/investigation by the county attorney. It carves out special protections for these two groups of kids, but does not address the many other legitimate reasons that kids miss school, which prior to the 2010 law where covered under school district's policies.
All school districts shall have a written policy on excessive absenteeism developed in collaboration with the county attorney of the county in which the principal office of the school district is located. The policy shall include a provision indicating how the school district and the county attorney will handle cases in which excessive absences are due to documented illness that makes attendance impossible or impracticable not include absences due to documented illness or absences related to deployment activities as provided in Article V, Section E, of the Interstate Compact on Educational Opportunity for Military Children, and the policy shall state the number of absences or the hourly equivalent upon the occurrence of which the school shall render all services in its power to compel such child to attend some public, private, denominational, or parochial school, which the person having control of the child shall designate, in an attempt to address the problem of excessive absenteeism. The number of absences in the policy shall not exceed five days per quarter or the hourly equivalent. School Except as otherwise provided in this section, school districts may use excused and unexcused absences for purposes of the policy. Such services shall include, but need not be limited to…
If the child is absent more than twenty days per year or the hourly equivalent, excluding absences due to documented illness, other excused absences as defined by the school district's written policy on absenteeism required by this section, or absences related to deployment activities as provided in Article V, Section E, of the Interstate Compact on Educational Opportunity for Military Children, the attendance officer shall file a report with the county attorney of the county in which such person resides. The county attorney may file a complaint against a person violating section 79-201 before the judge of the county court of the county in which such person resides charging such person with violation of section 79-201 or may file a petition under the Nebraska Juvenile Code alleging the person violating section 79-201 is a juvenile described in subdivision (3)(a) or (3)(b) of section 43-247. Nothing in this section shall preclude a county attorney from being involved at any stage in the process to address excessive absenteeism.
Sen. Tony Fulton Introduced LB 1165
*Sen. Fulton's bill separately defines "excessive absenteeism" and "truant", restoring the traditional definition of "truancy": to miss school without permission. It leaves school districts to address excessive absenteeism through the many tools at their disposal, while tightening the threshold for the kids who miss school without being excused to the satisfaction of school district policy. In this way, it provides for earlier intervention with "truants," but prevents children with absences that are excused under their district policies from having any dealings with law enforcement. Sen. Fulton's amendment is the only amendment that restores full local control and school governance, and gives parents an accessible democratic avenue to address inadequacies in their school district attendance policy that may unfairly classify their child as a "truant" under the law.
In very rare cases, when school authorities determines that the parents are willfully and continually thwarting the education of their children by excusing their children from school for illegitimate reasons, the school has the ability to report such parents to HHS for "educational neglect".
All school districts shall have a written policy on excessive absenteeism developed in collaboration with the county attorney of the county in which the principal office of the school district is located. The policy shall include a provision indicating how the school district and the county attorney will handle cases in which excessive absences are due to documented illness that makes attendance impossible or impracticable, and the policy shall state the number of absences or the hourly equivalent upon the occurrence of which the school shall render all services in its power to compel such child to attend some public, private, denominational, or parochial school, which the person having control of the child shall designate, in an attempt to address the problem of excessive absenteeism. The number of absences in the policy shall not exceed five days per quarter or the hourly equivalent. School districts may use excused and unexcused absences for purposes of the policy. Such services shall include, but need not be limited to…
If a child is truant, the school districts shall provide written notice to the parent, guardian, or custodian of the child. If the a child is absent more than twenty days per year or the hourly equivalent habitually truant and absent more than five days in one quarter or ten days per year or the hourly equivalent, the school district shall review the case with the county attorney of the county in which such person resides, and they shall determine if any further action is necessary to get the child to attend school regularly. If the school district and the county attorney determine that further action is necessary to address the child’s attendance, there shall be a meeting between the parents of the child, the school, and the county attorney or his or her designee at a location determined by the school. the attendance officer shall file a report with the county attorney of the county in which such person resides. The county attorney may file a complaint against a person violating section 79-201 before the judge of the county court of the county in which such person resides charging such person with violation of section 79-201 or may file a petition under the Nebraska Juvenile Code alleging the person violating section 79-201 is a juvenile described in subdivision (3)(a) or (3)(b) of section 43-247. Nothing in this section shall preclude a county attorney from being involved at any stage in the process to address excessive absenteeism.
For purposes of this section, (a) excessive absenteeism means excused or unexcused absences from school in excess of the number of days or hourly equivalent stated in the school district policy and (b) truant means not excused to the satisfaction of district policy by the parent, guardian, or other person having control of the child.
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