What happens when a student becomes habitually truant from school?
When a student is habitually truant, the following will occur:
- Within seven school days of the triggering absence, the district will:
- Within 10 calendar days of the triggering absence, the student will be assigned to the selected absence intervention team (ORC 3321.19 (D)(1));
- Within 14 school days after the assignment of the team, the district will develop the student’s absence intervention plan (ORC 3321,191(C)(2)(a));
- Within seven calendar days after the plan is developed, the district shall make reasonable efforts to provide written notification to the student’s parent or guardian (ORC 3321.191(C)(2)(a)).
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Are all districts required to have absence intervention teams?
No. Districts with chronic absenteeism rates of 5 percent or greater on the most recent Ohio School Report Cards must establish absence intervention teams for students who are habitually truant (ORC 3321.19(E)). This applies to districts and community schools. If a district is required to have an absence intervention team, all schools in that district are subject to the requirement.
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Who is required to participate on the absence intervention team?
Membership of each absence intervention team should vary based on the needs of each individual student, but each team MUST include:
- A representative from the school or district;
- Another representative from the school or district who has a relationship with the child; and
- The child’s parent (or parent’s designee) or the child’s guardian, custodian, guardian ad litem or temporary custodian. Refer to 3321.191(C)(2)(c) and 3321.191(C)(2)(d).
The district may invite a school psychologist, counselor, social worker, representative of a public or nonprofit agency, or representative from the court to participate on the team.
The parent may appoint a designee, such as a relative or other trusted adult, if the parent is unable to participate. If, after three good faith attempts, the district is unable to ensure participation of the parent, ORC 3321.191(C)(2)(e) allows the team will develop the student’s absence intervention plan without the parent.
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What is the role of an absence intervention team?
The absence intervention team develops a student-centered absence intervention plan that will help identify specific barriers and solutions to attendance for every child who is habitually truant. Participation of the student and his or her parent or guardian in the plan helps to remove barriers to attendance and avoid filing criminal complaints against the student in juvenile court.
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What if a district cannot engage the parent in the absence intervention team after three good faith attempts?
The district must make three good faith efforts to engage the student’s parent, guardian custodian, guardian ad litem, or temporary custodian, as outlined in the district’s local policy. If the parent is unable to participate in the absence intervention team, the student’s parent may appoint a parent designee, such as a relative or other trusted adult.
A parent does not have to participate in the absence intervention team in person if they are unable to do so. Absence intervention teams can consider alternatives for including parents, such as conference calls or video conferencing.
If, after three good faith attempts, the district is unable to ensure participation of the parent or the parent’s designee, the team can develop the student’s absence intervention plan without the parent. Districts have seven days after the plan’s completion to send the plan to the student’s parents.
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How long is the Absence Intervention Plan in place?
The student has 60 calendar days to participate and make satisfactory progress on the plan. The absence intervention team works with the student to avoid additional absences from school. If the student does not participate or make satisfactory progress on the plan, as determined by the absence intervention team, the attendance officer must file a complaint in juvenile court against the student on the 61st calendar day after the implementation of the absence intervention plan (ORC 3321.16 (B)(3)).
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What determines if a student has made satisfactory progress on the absence intervention plan?
When the absence intervention team defines what satisfactory progress looks like in the student’s plan, the student and the family will have a clear understanding of how to be successful. The absence intervention team will meet before the conclusion of the absence intervention plan to determine if the student made satisfactory progress based on the metrics shared in the plan. The team may consider attendance barriers in the determination. Satisfactory progress may not look the same for all students. Students who have made satisfactory progress do not meet the requirements for truancy.
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What happens if a student reaches another habitually truant threshold while on the absence intervention plan?
If at any time during the implementation phase of the absence intervention plan the student is absent without legitimate excuse 30 or more consecutive hours or 42 or more hours in one school month, the district must have its attendance officer file a complaint against the student (ORC 3321.16 (B)). This requirement does not apply if the absence intervention team has determined the student has made satisfactory progress on the absence intervention plan.
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Does an absence intervention plan carry over from one school year to the next school year?
If a student becomes habitually truant within 21 school days prior to the last day of instruction of a school year, the school district or school may assign one school official to work with the child's parent, guardian, custodian, guardian ad litem or temporary custodian to develop an absence intervention plan during the summer. If the school district or school selects this method, the district and student must implement the plan no later than seven calendar days prior to the first day of instruction of the next school year. Alternatively, the school district or school may reconvene the absence intervention process on the first day of instruction of the next school year.
In ORC 3321.16(B)(3), in regard to students not successfully implementing their absence intervention plans, if the 61st calendar day after the implementation of the absence intervention plan falls on a day during the summer months, at the school district’s discretion, the absence intervention team or the attendance officer may extend the implementation of the plan and delay the filing of the complaint for an additional 30 days from the first day of instruction of the next school year.
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