Vermont H 930: An act relating to addressing and preventing chronic absenteeism

Bill Text

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No. 122. An act relating to addressing and preventing chronic
absenteeism.
(H.930)
It is hereby enacted by the General Assembly of the State of Vermont:
Sec. 1. FINDINGS
The General Assembly finds that:
(1) Chronic absenteeism is primarily an issue that should be addressed
through preventative, restorative, and assistance-based measures designed to
identify barriers to attendance and reconnect students with school. Schools
should respond to chronic absenteeism through written attendance support
plans, outreach to families, and appropriate academic, behavioral, and
community-based supports.
(2) Truancy is distinct from chronic absenteeism and constitutes a
student’s failure to comply with compulsory attendance requirements under
Vermont law. Truancy should serve as a legal enforcement mechanism only
after reasonable school-based interventions have been attempted and have not
resulted in improved attendance. Truancy proceedings should be reserved for
circumstances in which school-based interventions have not been successful
and formal legal enforcement is necessary to ensure compliance with
compulsory attendance laws.
Sec. 2. LEGISLATIVE INTENT
It is the intent of the General Assembly that student attendance policies in
Vermont schools prioritize early identification, supportive intervention, and

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meaningful family engagement in order to produce consistent school
attendance and student success.
Sec. 3. 16 V.S.A. chapter 25, subchapter 3 is amended to read:
Subchapter 3. Compulsory Attendance
§ 1120. DEFINITIONS
As used in this chapter:
(1) “Absence” means a student who is, for at least half the school day
when school is open, not physically on school grounds or who is not receiving
or attending educational, cocurricular, or athletic services or programming
elsewhere pursuant to a program or plan approved by:
(A) the district, if the student is enrolled in a public school; or
(B) an approved independent school, if the student is enrolled in an
approved independent school.
(2) “Chronic absenteeism” means a student who is absent for any reason
for 10 percent or more of a district’s or approved independent school’s student
attendance days within one school year, regardless of whether the absences are
considered excused or unexcused.
(3) “Excused absence” means an absence that is approved by the
superintendent or designee, or the head of school or designee for an approved
independent school, pursuant to section 1123 of this chapter, either before or
after the date or dates of the student’s absence. Excused absences shall include
days of in- or out-of-school suspension.

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(4) “Parent or guardian” shall have its ordinary meaning; provided,
however, that it shall also mean a student in the following situations:
(A) the student has reached the age of majority;
(B) the student is an independent student as that term is defined under
subsection 1075(h) of this chapter; or
(C) the student qualifies as an unaccompanied youth under the
McKinney-Vento Homeless Assistance Act, 42 U.S.C. §§ 11431–11435.
(5) “Truancy” means a student who accumulates 20 or more unexcused
absences either within the same school year or within a district’s or approved
independent school’s last 175 consecutive student attendance days, regardless
of whether the absences were within the same school year.
(6) “Unexcused absence” means any student absence that does not fit
one of the categories of excused absences. Failure of the parent or guardian to
provide justification for the absence if requested by the superintendent or the
head of school for an approved independent school shall also constitute an
unexcused absence.
§ 1121. ATTENDANCE BY CHILDREN OF SCHOOL AGE REQUIRED
A person having the control The parent or guardian of a child between the
ages of six and 16 years of age shall cause the child to attend a public school,
an approved or recognized independent school, an approved education
program, or a home study program for the full number of days for which that
school is held, unless the child:

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(1) per medical recommendation, is mentally or physically unable so to
attend; or
(2) has completed the tenth 10th grade; or
(3) is excused by the superintendent or a majority of the school directors
designee or the head of school for an approved independent school or designee
as provided in this chapter; or
(4) is enrolled in and attending a postsecondary school, as defined in
subdivision 176(b)(1) of this title, which is approved or accredited in Vermont
or another state.
§ 1122. STUDENTS UNDER SIX AND OVER 16 YEARS OF AGE
A person having the control The parent or guardian of a child who is under
six years of age or over 16 years of age who allows the child to become
enrolled enrolls the child in kindergarten through grade 12 in a public school or
approved independent schoo