22.1-258 - Appointment of attendance officers; notification when pupil fails to report to school. - Virginia Statutes

§ 22.1-258. Appointment of attendance officers; notification when pupil failsto report to school.

Every school board shall have power to appoint one or more attendanceofficers, who shall be charged with the enforcement of the provisions of thisarticle. Where no attendance officer is appointed by the school board, thedivision superintendent or his designee shall act as attendance officer.

Whenever any pupil fails to report to school on a regularly scheduled schoolday and no indication has been received by school personnel that the pupil'sparent is aware of and supports the pupil's absence, a reasonable effort tonotify by telephone the parent to obtain an explanation for the pupil'sabsence shall be made by either the school principal or his designee, theattendance officer, other school personnel, or volunteers organized by theschool administration for this purpose. Any such volunteers shall not beliable for any civil damages for any acts or omissions resulting from makingsuch reasonable efforts to notify parents and obtain such explanation whensuch acts or omissions are taken in good faith, unless such acts or omissionswere the result of gross negligence or willful misconduct. This subsectionshall not be construed to limit, withdraw, or overturn any defense orimmunity already existing in statutory or common law or to affect any claimoccurring prior to the effective date of this law. School divisions areencouraged to use noninstructional personnel for this notice.

Whenever any pupil fails to report to school for a total of five scheduledschool days for the school year and no indication has been received by schoolpersonnel that the pupil's parent is aware of and supports the pupil'sabsence, and a reasonable effort to notify the parent has failed, the schoolprincipal or his designee or the attendance officer shall make a reasonableeffort to ensure that direct contact is made with the parent, either inperson or through telephone conversation, to obtain an explanation for thepupil's absence and to explain to the parent the consequences of continuednonattendance. The school principal or his designee or the attendanceofficer, the pupil, and the pupil's parent shall jointly develop a plan toresolve the pupil's nonattendance. Such plan shall include documentation ofthe reasons for the pupil's nonattendance.

If the pupil is absent an additional day after direct contact with thepupil's parent and the attendance officer has received no indication that thepupil's parent is aware of and supports the pupil's absence, either theschool principal or his designee or the attendance officer shall schedule aconference within 10 school days with the pupil, his parent, and schoolpersonnel, which conference may include other community service providers, toresolve issues related to the pupil's nonattendance. The conference shall beheld no later than 15 school days after the sixth absence. Upon the nextabsence by such pupil without indication to the attendance officer that thepupil's parent is aware of and supports the pupil's absence, the schoolprincipal or his designee shall notify the attendance officer or the divisionsuperintendent or his designee, as the case may be, who shall enforce theprovisions of this article by either or both of the following: (i) filing acomplaint with the juvenile and domestic relations court alleging the pupilis a child in need of supervision as defined in § 16.1-228 or (ii)instituting proceedings against the parent pursuant to § 18.2-371 or §22.1-262. In filing a complaint against the student, the attendance officershall provide written documentation of the efforts to comply with theprovisions of this section. In the event that both parents have been awardedjoint physical custody pursuant to § 20-124.2 and the school has receivednotice of such order, both parents shall be notified at the last knownaddresses of the parents.

Nothing in this section shall be construed to limit in any way the authorityof any attendance officer or division superintendent to seek immediatecompliance with the compulsory school attendance law as set forth in thisarticle.

Attendance officers, other school personnel or volunteers organized by theschool administration for this purpose shall be immune from any civil orcriminal liability in connection with the notice to parents of a pupil'sabsence or failure to give such notice as required by this section.

(Code 1950, § 22-275.16; 1959, Ex. Sess., c. 72; 1980, c. 559; 1985, c. 482;1990, c. 797; 1991, c. 295; 1996, cc. 891, 916, 964; 1998, c. 620; 1999, c.526; 2010, c. 597.)