H 930 — An act relating to addressing and preventing chronic absenteeism

BILL AS PASSED BY THE HOUSE H.930 Page 1 of 1213 H.930 AnIntroduced act relating to addressing and preventing chronic absenteeism It is hereby enacted by theCommittee Generalon AssemblyEducation ofDate: the State of Vermont:

Subject:

Education;

attendance and discipline;

chronic absenteeism;

truancy Statement of purpose of bill as introduced:

This bill proposes to make amendments to 16 V.S.A.

chapter 25 to define chronic absenteeism and require the Agency of Education to develop a model policy to address chronic absenteeism.

An act relating to addressing and preventing chronic absenteeism It is hereby enacted by the General Assembly of the State of Vermont:

Compulsory Attendance §§ 1120. 1120.

BILL AS PASSED BY THE HOUSE H.930 Page 2 of 13 (A) the district, if the student is enrolled in a public school;

(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 VT LEG #388216 v.1 AS PASSED BY HOUSE H.930 Page 2 of 12 after the date or dates of the student’s absence.

§§§§ 11431–11435. 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 BILL AS PASSED BY THE HOUSE H.930 Page 3 of 13 independent school’s last 175 consecutive student attendance days, regardless of whether the absences were within the same school year.

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, VT LEG #388216 v.1 AS PASSED BY HOUSE H.930 Page 3 of 12 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:

or BILL AS PASSED BY THE HOUSE H.930 Page 4 of 13 (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.

In case of such enrollment, the person and the teacher, VT LEG #388216 v.1 AS PASSED BY HOUSE H.930 Page 4 of 12 child, the parent or guardian and the superintendent, and school directors or designee or the head of school for an approved independent school or designee shall be under the laws and subject to the penalties relating to the attendance of children between the ages of six and 16 years of age.

ATTENDANCE SCHOOL ABSENCE MAY BE EXCUSED (a) The superintendent of a public school or designee or the head of school of an approved independent school or designee may excuse, in writing, any student from attending the school for a definite time, but for not more than ten BILL AS PASSED BY THE HOUSE H.930 Page 5 of 13 consecutive school days and only for emergencies or for absence from town a student’s absence for all or part of the school day for the following reasons:

VT LEG #388216 v.1 AS PASSED BY HOUSE H.930 Page 5 of 12 (10) absences due to transitions in the student’s living situation as a result of the student experiencing homelessness;

or (12) other reasons not specified in subdivisions (1) through (11) of this subsection with approval of the superintendent of a public school or designee or the head of school of an approved independent school or designee.

or BILL AS PASSED BY THE HOUSE H.930 Page 6 of 13 (13) other reasons not specified in subdivisions (1)–(12) of this subsection with approval of the superintendent of a public school or designee or the head of school of an approved independent school or designee.

§§ 1124. 1124.

RESPONSE TO CHRONIC ABSENTEEISM (a) The Agency of Education, in consultation with the Vermont School Boards Association, Vermont Superintendents Association, the Vermont Principals’ Association, the Vermont Independent Schools Association, and VT LEG #388216 v.1 AS PASSED BY HOUSE H.930 Page 6 of 12 the Vermont School Counselor Association, shall develop, and review at least annually, a model policy on the prevention of chronic absenteeism and truancy, which shall include specific provisions for how to address the absence of a child with a disability, as that term is defined in subdivision 2942(1) of this title, in accordance with applicable State and federal law, and which shall BILL AS PASSED BY THE HOUSE H.930 Page 7 of 13 include guidance that emphasizes the importance of tailored responses to all students struggling with safety and emotional issues and shall emphasize emotional, academic, and social support to facilitate a successful reintegration for returning students.

(b) To minimize each student’s loss of educational and developmental opportunities, and to ensure equity in the treatment of absenteeism and truancy for all students and families, each school district and each approved independent school shall develop, adopt, ensure the enforcement of, and make available in the manner described under subdivision 563(1) of this title a policy that is designed to prevent and respond to chronic absenteeism and truancy that VT LEG #388216 v.1 AS PASSED BY HOUSE H.930 Page 7 of 12 shall be at least as stringent as the model policy developed by the Agency.

A superintendent or a head of school for an approved independent school shall also ensure that data BILL AS PASSED BY THE HOUSE H.930 Page 8 of 13 on student absences is collected and recorded in accordance with Agency of Education requirements.

NOTICE When a student between the ages of six and 16 years of age, who is not excused or exempted from school attendance by one of the authorized individuals in accordance with section 1121 of this chapter, fails to enter school at the beginning of the academic year or, being enrolled, fails to attend the school accumulates 20 or more unexcused absences within either the same school year or within the last 175 consecutive student attendance days, and when a student who is under six years of age or at least 16 years of age becomes enrolled in a public school in kindergarten through grade 12 and fails to attend accumulates 20 or more unexcused absences either within the same school year or within the last 175 consecutive student attendance days, the VT LEG #388216 v.1 AS PASSED BY HOUSE H.930 Page 8 of 12 teacher or principal shall notify the truant officer and either the superintendent or the school board, unless the teacher or principal is satisfied that the student is absent on account of illness.

Upon review of the BILL AS PASSED BY THE HOUSE H.930 Page 9 of 13 truancy reporting protocol, the superintendent shall notify the truant officer and Centralized Intake and Emergency Services of the Department for Children and Families’ Family Services Division.

(b) When, after receiving notice, a person fails, without legal excuse, to cause a child to attend school as required by this chapter, he or she shall be fined not more than $1,000.00 pursuant to subsection (c) of this section If the VT LEG #388216 v.1 AS PASSED BY HOUSE H.930 Page 9 of 12 parent or guardian continues to fail, without legal excuse, to cause a child to attend school as required by this chapter after having received the written notice required pursuant to subsection (a) of this section, the truant officer shall enter a complaint to the State’s Attorney of the county and shall provide BILL AS PASSED BY THE HOUSE H.930 Page 10 of 13 a statement of the evidence and truancy reporting protocol upon which the complaint is based.

§§ 5309. 5309.

VT LEG #388216 v.1 AS PASSED BY HOUSE H.930 Page 10 of 12 § 1128.

NONRESIDENT CHILD LIVING IN DISTRICT (a) A superintendent may and the truant officer shall stop a child between the ages of six and 16 years or a child 16 years of age or over and enrolled in public school, wherever found during school hours, and shall, unless such BILL AS PASSED BY THE HOUSE H.930 Page 11 of 13 child is excused or exempted from school attendance, take the child to the school that she or he should attend.

VT LEG #388216 v.1 AS PASSED BY HOUSE H.930 Page 11 of 12 Sec.

§§ 1162 1162 is amended to read:

SUSPENSION OR EXPULSION OF STUDENTS * * * (e) A public school or an approved independent school may provide access to alternative education, such as tutoring, instructional materials, and assignments to a student during any period of suspension of three or more BILL AS PASSED BY THE HOUSE H.930 Page 12 of 13 days.

§§ 1124. 1124.

§§ 1124 1124 on or before July 1, 2027.

VT LEG #388216 v.1 AS PASSED BY HOUSE H.930 Page 12 of 12 (c) School boards and the governing bodies of approved independent schools shall adopt and implement a chronic absenteeism policy as required by 16 V.S.A.

§§ 1124 1124 on or before July 1, 2028.

§§ 1076 1076 (penalties) is repealed.

AGENCY OF EDUCATION RECOMMENDATIONS BILL AS PASSED BY THE HOUSE H.930 Page 13 of 13 On or before December 1, 2026, the Agency of Education shall submit a written report to the House and Senate Committees on Education with recommendations for updates to Vermont’s home study program law to improve oversight of home study programs and to ensure home study participants’ compliance with attendance requirements.