VSBA Law Conference June 1, 2012
Kamala H. Lannetti
Deputy City Attorney
1






1642 Mass. Bay Colony required parents to teach principles of religion, reading, writing and a trade
1705 Southern states first enact training in trades
Colonial America required training in skills and trades through apprenticeships for orphans and needy children – many of whom were indentured servants
Mid 18 th Century required reading and writing mostly for biblical study
1852 Massachusetts was first to pass compulsory annual attendance of 12 weeks for 8-14 y/os
2



1901 Indiana Supreme Court in
found that the welfare of the child and the best interests of the State require that the
State secure each child the opportunity to acquire an education
1944
Court -the State as
U.S. Supreme
may restrict the parent’s control by requiring school attendance, regulating the child’s labor, and in many other ways
3





In 1900 18% of children 10-15 y/o were employed
In southern cotton mills, 25% of workers under 15 years old, with half of those under
12 years old
1904 National Child Labor Committee began media campaign about poor working conditions
1902- 1904 many northern states passed child labor laws, but most southern states did not
4


1916 and 1918 U.S. Congress passed Federal
Child Labor Law but the U.S. Supreme Court declared the Act unconstitutional

1924 Congress passed a Constitutional
Amendment authorizing federal child labor laws but most states did not ratify it
5




Great Depression led to many reforms but most significantly the enactment of the
National Industrial Recovery Act (NIRA)
Fair Labor Standards Act of 1938 imposed minimum wage and maximum hours with certain limitations on child labor
Children under 16 years old could not be employed in manufacturing or mining, in
1949 added commercial agriculture, transportation, communications and telecommunications
6



New manufacturing techniques replaced manual labor done by children and required a more educated work force.
States began to pass laws requiring more years of education, longer school years and more enforcement of truancy laws
7


State law requires School Boards to enforce the compulsory attendance laws§22.1-269

ADM- tied financial formulas

No Child Left Behind and Elementary and
Secondary Schools Act consider drop out rates, on time graduation rates
8


8VAC20-730, approval
., in final stages of
◦ Will provide the necessary definitions and attendance data for consistent reporting to USDOE
◦ Will standardize data among 132 school divisions
◦ hthttp://register.dls.virginia.gov/vol28/iss11/v28i11.pdftp
://www.doe.virginia.gov/support/prevention/dropout_trua ncy/improving_school_attendance.pdf
9


Admission and Exit ages

Length of school year

Enrollment requirements

Alternatives to public school

Waivers and exemptions

Enforcement

Truancy
10


Virginia Code §22.1-1
– 5y/o by 9/30 and not passed 18 y/o


Virginia Code §22.1-271.1
◦ Student = anyone who will not have attained age of 20 y/o by start of school term
IDEIA
- student with a disability can remain in school until
22 y/o
- students under 5 years old

Exceptions:
◦ Interstate Compact on Educational Opportunity for Military
Children
11




180 days or 990 hours of instructional time
◦ 8VAC20-521-20
Carnegie credits
- 120 hours per year or 1 hour 5x per week for 24 weeks
§ 22.1- 79.1
◦ King’s Dominion Law- no school before Labor Day
◦ Over 77of 132 school divisions open before then
◦ Complications with SOLs, AP exams, graduation
12




§ 22.1-3
◦ Persons who may attend school free
§ 22.1-5
◦ Persons who may be allowed to attend school by paying tuition
§ 22.1-254
◦ every parent, guardian, or other person in the
Commonwealth having control or charge of any child who will have reached the fifth birthday on or before September
30 of any school year and who has not passed the eighteenth birthday shall, during the period of each year the public schools are in session and for the same number of days and hours per day as the public schools, send such child to a public school or to a private, denominational, or parochial school or have such child taught by a tutor or teacher…
13


McKinney Vento Act42 U.S.C. §11431

Interstate Compact on Educational
Opportunity for Military Children §22.1-360

Individuals with Disabilities Education
Improvement Act

Interstate Compact on the Placement of
Children
14








Home Schooling
Religious Exemption
Private School
Virtual Schools
ISAEP
GED
Exemptions by courts
15


§16.1-334
◦ Emancipated minor cannot be subject of a CHINS petition
◦ Parents of emancipated minor are relieved of any obligation respecting school attendance
16



§22.1-259 Teachers to keep daily attendance records
§22.1-258 Appoint attendance officers; notify parents of absences
◦ “unexcused absence” parent is unaware and nonsupportive of her child’s nonattendance
◦ Reasonable effort to notify parent by telephone for an explanation of absence
17


§22.1-260 Report children enrolled and nonenrolled
◦ w/in 10 days must provide list of name, age and grade of all students as well as parents’ names and addresses
◦ This becomes the basis for the average daily membership or ADM
◦ Report the number of conferences for nonattendance
◦ §22.1-261- Attendance officer must investigate
18


After child has failed to report for 5 scheduled school days, school must make direct contact with parent, pupil and attendance officer to develop a plan to address non attendance
19



Must schedule a conference that happens within 10 – 15 days after the last contact
Next absence results in CHINS petition filed against pupil and petition for Parental
Participation Order filed against the parent
20

Juvenile Court Services Unit
21



No definition for truant- §22.1-267, §16.1-
278.5
CHINS “child in need of services”
◦ A child whose behavior, conduct or condition presents or will result in serious threat to the well being of the child

CHINsup “child in need of supervision”
◦ habitually absent and as been offered adequate opportunity for education, school or other agency has made reasonable efforts to address absences and school has provided documentation of compliance with §22.1-
258
22


§22.1-262 Complaint to court when parent fails to comply with law
◦ Non-enrollment
◦ Failure to comply with compulsory attendance
◦ Refusal to participate in a plan to address nonattendance
◦ Refusal to participate in a conference to address nonattendance
◦ School must supply documentation of efforts
23



First Violation- Class 3 Misdemeanor- $500 fine
Subsequent Violation-Class 2 Misdemeanor
◦ $1,000 and/or
◦ 6 months in jail
◦ Can require counseling or other services
◦ Can remove child from parental custody
◦ Civil penalties up to $500
24


Diversion program- can defer a petition for
90 days to work with the student

Truancy plan- interdisciplinary, interagency approach
25


HB 886 – VBOE to address chronic absenteeism- vetoed by Governor
- Superintendent must ensure that every
 student suspended or expelled receives an education
HB 544- Can’t suspend for truancy, disorderly or disruptive conduct, or technology offense
26