School Attendance and Truancy

The massive number of truant students continues to rise each year. Between 1989 and 1998, the rate of petitioned truancy status offense cases handled by juvenile courts increased by 85 percent (from 22,200 to 41,000), representing a 61 percent increase in the rate of truancy cases. A plethora of factors contribute to the increasing number of students who choose not to attend school on a regular basis. States and nations have not only the discretion but the right to require education (Alexander & Alexander, 2009). Individual school districts develop a board approved policy with a set of procedures that students are expected to follow in their respective districts. Under Title 14, Chapter 27: School Attendance § 2701 – 2706, the State of Delaware has clearly established laws regarding education. The Laurel School District has an attendance policy in place in which students are expected to comply; however, the number of truant students is unbelievable. It is critical that educators become completely informed of the state’s laws, the school district’s policies, and the actual data revealing the number of truant students.

Background Information

Truancy

Truancy is traditionally defined as an absence from school that is not excused by the parent/guardian or the school. The specific number of absences required before a student is labeled a truant varies according to state law. When trying to define truancy, it is important to look at two dimensions of absenteeism: missing full days of school and missing some classes, but not others. Truancy has become a very serious issue facing all of our schools, from elementary through high school, and all of our communities, regardless of income and social class. Truancy is an insidious problem for schools and communities because it stems from such a broad range of risk factors and leads to an equally varied set of negative – and even dangerous – consequences. The Office of Juvenile Justice and Delinquency Prevention’s (OJJDP) Program of Research on the Causes and Correlates of Delinquency, indicates that truancy is a likely precursor to serious nonviolent and violent offenses among youth, and that the connections between truancy and delinquency seems to be particularly strong among males. In an OJJDP Child Delinquency bulletin on the finding of this Study Group, Rolf Loeber, David P. Farrington, and David Petechuk stated the following: “Generations of studies in criminology show that the best predictor of future behavior is past behavior. Children showing persistent disruptive behavior are likely to become child delinquents and, in turn, child delinquents are likely to become serious, violent, or chronic juvenile offenders.” According to Safe Schools and Violence Prevention Office, “Truancy is not the problem—it’s an indicator of other problems. When students aren’t in school, we need to understand why they stay away before we can affect solutions.”

Factors

Factors contributing to truancy

Excessive school absence has been listed repeatedly by school administrators as the number one administrative problem in the daily operation of schools (Weitzman et al., 1986). Balfanz et al., (2007) define school disengagement as a higher order factor composed of correlated sub-factors measuring different aspects of the process of detaching from school, disconnecting from its norms and expectations, reducing effort and involvement at school, and withdrawing from a commitment to school and to school completion. The most severe and overt symptom of disengagement from school and learning exhibits itself in the form of dropping out of school (Jenkins, 2005; Lehr, et al., 2004). There seems to be numerous factors contributing to students disengaging from school. School factors include the following: school safety, school size, attitudes of school staff and fellow students, flexibility in meeting students’ diverse learning styles, failure to successfully notify parents about each absence, and a lack of consistency and uniformity to attendance and attendance policy within schools and districts. Family factors are often contributed to a lack of parent supervision and/or guidance, poverty, substance abuse, domestic violence, lack of familiarity with school attendance laws, and varied education priorities. Student employment, single-parent households, parents with multiple jobs and families that lack affordable transportation and child care are a few of the economic factors contributing to truancy. Student factors which affect truancy include, but are not limited to: substance abuse, limited social and emotional competence, mental health problems, poor physical health, and the lack of familiarity with school attendance laws, teen pregnancy and truant friends. It is without question that students must have a personal investment in learning (Maer & Midgely, 1996; Murdock, 1999). Schools can play a major role in the prevention of delinquency by strengthening the bond between students and the educational process (Jenkins, 1995).

Law

Delaware Law

Title 14, Chapter 27 defines school attendance requirements. § 2701. Free public schools states that all the public schools of this State shall be free to all children who are residents of the State and who are of the ages required our authorized for attendance in a public school. Compulsory attendance requirements and evaluation of readiness is found in § 2702. Effective until fulfillment of the contingencies in 75 Del. Laws, c. 440, § 8, except as otherwise provided, the following provisions are applicable to school attendance in this State: (1) Every person in the State who has legal custody, guardianship of the person, or legal control of a child between 5 and 16 years of age, including any person acting as a caregiver pursuant to the provisions of § 202(f) of this title, shall enroll the child in a public school in the school district of the person’s residence. (2) Every person who has legal custody, guardianship of the person, or legal control of a student, including any person acting as a caregiver pursuant to the provisions of § 202(f) of this title, who is enrolled in a public school of this State shall send the student to the school each day of the minimum school term and to any academic improvement activities required by § 153 of this title. (3) Every student who is enrolled in a public school of this State shall attend the school each day of the minimum school term and any academic improvement activities required by § 153 of this title. A student who has been absent from school without a valid excuse for more than three school days in a school year is a truant. A truant and the parent of a truant are subject to the administrative procedures and court proceedings set out in subchapter II of this Chapter. Following the tenth unexcused day of attendance by a student in grades 6 through 12 inclusive, the building principal shall notify a visiting teacher of such unexcused days. If contacted by a school pursuant to paragraph (d) (2) of this section, each parent or guardian of a student shall sign a contract with the district agreeing they will make every reasonable effort to: (1) Have their child abide by the school code of conduct; (2) Make certain their child attends school regularly; and (3) Provide written documentation for the reasons for any absence.

The state’s prerogative to educate all youth is premised on the idea that all persons have a duty to educate others, if for no other reason than to protect themselves. That the state’s interests should take precedence over parental rights to govern the activities of the child is the basis for both compulsory attendance and child labor laws (Alexander & Alexander, 2009). Compulsory school attendance continues to be a volatile area of dispute. The courts have generally resolved the dilemma by maintaining that education is vital to the welfare of the state, and that the requirement that all persons be exposed to schooling is not an unreasonable or arbitrary exercise of state power (2009).

Policy

Laurel Middle School Policy (2008 – 2009 School Year)

Below is the policy that was in effect at Laurel Middle School during the 2008 -09 School Year.

The Superintendent of Schools is the designated attendance officer for the district, but he/she may designate specific duties (such as referral for prosecution) with respect to enforcement to a visiting teacher.
Within five (5) school days, upon returning to school from any absence, written documentation explaining the nature of the absence, and signed by a parent/guardian, should be presented to school authorities.
Students who are absent for any period of time during which the students had a contagious disease may be asked to obtain written authorization from a medical professional to return to school.
The parent/guardian will be notified, in writing, following the seventh (7th) day of unexcused absence by a student. Arrangements shall be made for the visiting teacher to visit the student’s home. The parent/guardian shall sign a contract agreeing to make every reasonable effort to have their child or children abide by the Student Attendance Policy which requires regular attendance for all students between the ages of five (5) and sixteen (16).
Parents/guardians will be notified, by certified mail, following the tenth (10th) day of unexcused absence by a student. Such letter shall provide notice that the parent/guardian is requested to contact the school administration.
Following the fifteenth (15th) day of unexcused absence by a student, the school administration will refer the case to the Visiting Teacher for possible prosecution.

NOTE: Students who have more than ten (10) absences, excused or unexcused, may be in danger of non-promotion and/or receiving no credit for courses taken. Each school will develop criteria for considering appeals with respect to non-promotion and/or loss of credit.

Data

Data from Laurel Middle School (2008 – 09 School Year)

The fall enrollment for the 2008 - 09 school year at LMS totaled 329 students. Of those students, 157 were enrolled in the seventh grade and 172 in the eighth grade. The majority of the population consisted of white students (67.2%). African American students made up 26.1% of the population, 3.3% Asian American, 3.0% Hispanic and .3% American Indian. English Language Learners made up 1.2% of the student population, 13.1% were Special Education Students, and 46.8% were Low Income students. All teachers employed at the school were Highly Qualified and 34.5% of the teachers had a Masters Degree and Above. The percent holding National Board for Professional Teaching Standards was 8.0%. During the first week of the 2008 - 09 school year, total school-wide absences in grades seven and eight combined equaled five absences. However, by week two, the number of absences jumped to 44. By the end of the third week of school, 74 student absences were reported. Data showed that the number of student absences reported for the fourth week of school reached an astounding total of 120! From September 29, 2008 through the third of October, there were 53 absences in grade seven and 39 absences in grade eight. The week of October 13, 2008 through October 17, 2008 yielded 71 seventh grade absences and 60 eighth grade absences. Of the 329 enrolled students, there were a total of 1,041 absences from August 27, 2008 through December 8, 2008. Of those absences, 613.5 were considered unexcused.

It is evident that truancy continues to be a serious issue for young people, schools, and society overall that can and must be addressed through a collaborative effort involving schools and a range of community partners. “Young people with strong, supportive relationships with families, friends, school, and community are invested in or committed to achieving the goals held by these groups and are less likely to do things that threaten the bond” (National Council on Crime). Janet Reno, U.S. Attorney General (1993 – 2001) stated, “There are many things we can do that are far more cost-effective than waiting for the crisis of delinquency or crime to occur… Truancy prevention programs should be developed in every elementary school so that at the first sign of truancy, police, social service agencies, and the school can join together to identify the cases and do something about it before it is too late.” Clearly, LMS must create, implement and enforce an attendance policy that promotes keeping students in school. Truancy has been clearly identified as an early warning sigh that students are headed for potential delinquent activity, social isolation, or educational failure via suspension, expulsion, or dropping out. Truancy is connected to both lack of commitment to school and low achievement rates, which are clear risk factors for substance abuse, delinquency, teen pregnancy, and school dropout. The astonishing data revealing the overwhelming number of truant students in grades seven and eight at LMS sends an alarming red flag. Delaware has clear and precise laws regarding student attendance; it is the policy that is too lenient and often times is not followed or upheld by school administrators. Parents and students must recognize the value of education and the importance of attending school on a regular basis. Those failing to comply with the policy must be held in contempt and consequences must prevail. We must set forth a message and a precedence clearly defining, educating and upholding the law and the policies with regards to school attendance.