Back to the gang-related legislation index
Gang-Related Municipal Codes by Subject

Truancy

(Top)

District of Columbia

5-A2101. Attendance records and reporting

2101.3 The attendance record for each student shall contain the following: . . . (e) Dates of each referral to the school-based student support team, the Child and Family Services Agency ("CFSA"), the Court Social Services Division of the Superior Court of the District of Columbia ("Court Social Services"); or the Office of the Attorney General Juvenile Section ("OAG-Juvenile Section") related to absenteeism or truancy; . . . (k) Underlying causes for student's absenteeism or truancy as determined by the school-based student support team;

2101.7 Prior to the beginning of each school year, OSSE shall issue a report including the following information:

(a) Truancy rates for each educational institution;

(b) Progress in improving attendance and reducing truancy for each educational institution; and

(c) Each educational institution's compliance with key attendance and truancy requirements.

2101.10 Upon notification from the educational institution under § 2101.9, OSSE shall provide the parent with a copy of the Truancy Prevention Resource Guide published by OSSE.

5-A2103. Absentee intervention and school-based student support teams

2103.1 An educational institution shall implement a specific protocol for absenteeism (absenteeism protocol) including a focus on prevention of unexcused absences, also referred to as truancy, and academic and behavioral interventions to address the needs of students.

2103.2 Each LEA shall incorporate evidence-based practice into its absenteeism protocol, considering procedures to address the following:

(a) A description of valid excused absences consistent with this chapter;

(b) A process for informing, training, and educating school staff, students, parents, guardians, and the community with regard to enhancing school attendance, implementing truancy reduction methods, administering attendance policies and procedures, and related collaborative services; and

(c) Procedures for monitoring, reporting, addressing, and evaluating attendance and absences consistent with District of Columbia attendance and absence reporting requirements including:

(1) A procedure requiring reasonable and diligent attempts to make personal contact with the parent or guardian of a student, on the same day and each time a student has the equivalent of one (1) day of unexcused absence, with daily follow-ups as necessary;

(2) A continuum of school practices and services including meaningful supports, incentives, intervention strategies, and consequences for dealing with absenteeism and consultation with parents or guardians, both at the onset of absenteeism and in those circumstances where chronic absenteeism persists, which continuum shall not include off-site suspension and/or expulsion as intervention strategies;

(3) A referral process whereby within two (2) school days after a student has accumulated five (5) or more unexcused absences in one (1) marking period or other similar time frame, the student shall be referred to a school-based student support team which will meet within five (5) school days of the referral and regularly thereafter to:

(A) Review and address the student’s attendance and determine the underlying cause(s) for the student’s unexcused absences;

(B) Employ reasonable and diligent efforts to communicate and to collaborate with the student and parents or guardian;

(C) Communicate and collaborate with the student’s existing Individualized Education Program (IEP) team, as applicable;

(C) Provide timely response to the student’s truant behavior;

(D) Make recommendations for academic, diagnostic, or social work services;

(E) Use school and community resources to abate the student’s truancy including referral to a community-based organization when available; and

(F) Develop and implement an action plan in consultation with the student and student's parents or guardian;

2103.4 A school-based student support team shall be guided by the following principles:

(a) Prior to performing school-based student support team functions, appointed team members shall be provided training on the compulsory attendance laws, regulations, and policies of the District of Columbia and OSSE; absenteeism and truancy intervention strategies and best practices; and available remedies and services to ameliorate the causes of absenteeism and truancy;

5-A2821. Attendance and truancy

2821.3 A nonpublic special education school or program shall adhere to and maintain policies and procedures in conformance with the attendance and truancy policies and procedures of each sending LEA (except as provided in subsection 2821.4(b)) and the District of Columbia as set forth in chapter 21 of subtitle A of title 5 of the DCMR.

2821.4 If a nonpublic special education school or program serves students placed in its school or program from multiple District of Columbia LEAs, it is the responsibility of the nonpublic school or program to have and make available upon request, a written copy of each respective LEA's attendance and truancy policy. In consultation with each sending LEA, the nonpublic school or program shall either:

5-A2899. Definitions

Truancy - the absence of a school-age student from any portion of the school day without a valid excuse consistent with the requirements of the attendance and truancy requirements set forth in chapter A-21 of Title 5 of the DCMR.

5-E2099. Definitions

2099.1 When used in this chapter [“Admission of Students”], the following terms and phrases shall have the meanings ascribed: . . . Truancy - the unexcused absence from school by a minor, five (5) to eighteen (18), with or without approval or parental knowledge or consent.

22-A3499. Definitions

3499.1 The following terms have the meaning ascribed in this section: . . . " Behavioral concern " - A behavioral and emotional disorder of childhood and adolescence that manifests by children acting out aggressively, expressing anger inappropriately, and engaging in a variety of antisocial and destructive acts, including violence towards people and animals, destruction of property, lying, stealing, truancy, and running away from home.

(Top)

MINNEAPOLIS, MINNESOTA

CODE OF ORDINANCES City of MINNEAPOLIS, MINNESOTA  Codified through Ord. No. 99-Or-120, enacted October 29, 1999. 

Title 15  OFFENSES--MISCELLANEOUS*

CHAPTER 395.  MINORS*

395.40. Adults’ responsibility

Any parent or legal guardian of a minor child under the age of eighteen (18) years who shall by word or deed or failure to act or by lack of supervision and control over said junior child, encourage, contribute toward, cause or tend to cause said minor child to become a "neglected child," a "delinquent child" or a "habitual truant," a "runaway," a "juvenile petty offender," a "juvenile alcohol offender," or a "juvenile controlled substance offender" as defined by Minnesota Statute 260.015, whether or not a petition for adjudication be sought or sustained in Hennepin County juvenile court, shall be guilty of a misdemeanor. (Code 1960, As Amend., 878.040; 81-Or-155, 1, 6-12-81; 82-Or-214, 1, 10-29-82)

(Top)

ALBUQUERQUE, NEW MEXICO

Chapter 11, ARTICLE 10: TRUANCY

11-10-1. INTENT

The public purpose of this article is to provide for the protection of juveniles from each other and from other persons, for the enforcement of parental control of and responsibility for their children, for the protection of the general public, and for the reduction of the incidence of juvenile criminal activities pursuant to the city’s power to promote the health, safety and general welfare of its citizens.

(Ord. 48-1996)

11-10-2. SHORT TITLE

This article may be cited as the "Truancy Ordinance."

(Ord. 48-1996)

11-10-3. FINDINGS

The City Council makes the following findings:

(A) City residents find problems associated with youth gangs are a major problem facing the city; and

(B) It has been found that truancy is a high indicator of gang involvement;

(C) The city is confronted by rising juvenile violence, juvenile gang activity, and an increasing number of high school drop outs; and

(D) The crimes being committed by juveniles include serious offenses such as murders, drive by shootings, drug-related crimes and other gang-related activities; and

(E) Juveniles are particularly susceptible by their lack of maturity and experience to participate in unlawful and gang-related activities and to be victims of older perpetrators of crime.

(Ord. 48-1996)

11-10-4. DEFINITIONS

For the purpose of this article, the following definitions shall apply unless the context clearly indicates or requires a different meaning.

QUALIFIED STUDENT. A person as defined in Section 22-8-2 NMSA 1978 and any person who because of his age is eligible to be a qualified student as defined in Section 22-12-2 NMSA 1978, and/or a person who at the time of the offense is enrolled in kindergarten through twelfth grade.

PARENT.  A person who is:

(1) A natural parent, adoptive parent, or step-parent of a qualified student.

(2) At least 18 years of age and authorized by a parent or guardian to have the care and custody of a qualified student.

GUARDIAN.

(1) A person who, under court order, is the guardian of the person of a qualified student; or

(2) A public or private agency with whom a qualified student has been placed by a court.

(Ord. 48-1996)

11-10-5. OFFENSES

(A) A qualified student who is subject to compulsory education or to compulsory continuing/alternative education pursuant to Section 22-12-2 NMSA 1978 is guilty of an offense if he is in or upon public streets, public places, places of amusement and eating places, vacant lots or any unsupervised place, including a private residence during the hours when the qualified student’s school is in session. A person shall be excused from the compulsory education requirement if:

(1) The person is specifically exempted by law from the provisions of this article;

(2) The person has graduated from a high school;

(3) The person is at least 16 years of age and has been excused by the local school board or its authorized representative upon a finding that the person will be employed in a gainful trade or occupation or engaged in an alternative form of education sufficient for the person’s educational needs and the parent or other person having custody and control consents;

(4) With consent of the parent or person having custody and control of the person to be excused, the person is excused from the provisions of this section by the superintendent of schools of the school district in which the person is a resident and the person is under eight years of age; or

(5) The person is judged, based on standards and procedures adopted by the state board, to be unable to benefit from instruction because of learning disabilities or mental, physical or emotional conditions.

This article shall not apply to qualified students who are in public places in conjunction with a field trip or program conducted by the student’s school or who have been excused pursuant to their school’s policies or regulations.

(B) A parent or guardian of a qualified student is guilty of an offense if he knowingly permits the qualified student to be in violation of division (A) of this section.

(Ord. 48-1996) Penalty, see 11-10-99

11-10-6. EXEMPTIONS

Nothing in this article shall be construed to apply to home schools established as specified in Home School Requirements (22-1-2.1A NMSA 1978).

(Ord. 48-1996)

11-10-99. PENALTY

Any person who violates any provision of this article shall, upon conviction, be subject to a fine not exceeding $50 for the first offense, $75 for the second offense, and $100 for the third offense or up to five days imprisonment for the second and subsequent offenses.

(Ord. 48-1996)

(Top)

PORTLAND, OREGON

14.28.030. Truancy Reduction

(Added by Ordinance No. 173756, effective October 8, 1999.)

A. For purposes of this section, "regular school hours" are the hours of the full-time school which the minor would attend in the school district in which the minor resides, on any day for which school is in session, or, if such school in the school district of residence is unknown, "regular school hours" are the school hours of the Portland School District No. 1J on any day for which school is in session.

B. A minor who is at least seven (7) years of age and under eighteen (18) years of age and who has not completed the 12th grade may not be upon any street, highway, park, alley, or other public property during regular school hours except while attending school as required by ORS 339.010 to 339.065, unless such minor is:

1. absent from the school with the school’s permission, but not including students who have been suspended or expelled; or

2. engaged in a lawful pursuit or activity that requires the minor’s presence somewhere other than school during regular school hours which is authorized by the parent, guardian, or other person having legal care and custody of such minor; or

3. lawfully emancipated pursuant to ORS 419B.550 to 419B.558; or

4. exempt from compulsory school attendance pursuant to ORS 339.030.

C. If a police officer has reasonable suspicion to believe that a minor is in violation of this section, the officer is authorized to stop and detain the minor and make reasonable inquiry regarding a potential violation of subsection B of this section.

D. If a police officer has probable cause to believe that a minor is in violation of this section, the officer is authorized to take the minor into protective custody pursuant to ORS 419B.150.


Top | Index | National Gang Center Home