2006 Code of Virginia § 22.1-258 - Appointment of attendance officers; notification when pupil fails to report to school

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 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 the attendance officer, other school personnel, orvolunteers organized by the school administration for this purpose. Any suchvolunteers shall not be liable for any civil damages for any acts oromissions resulting from making such reasonable efforts to notify parents andobtain such explanation when such acts or omissions are taken in good faith,unless such acts or omissions were the result of gross negligence or willfulmisconduct. This subsection shall not be construed to limit, withdraw, oroverturn any defense or immunity already existing in statutory or common lawor to affect any claim occurring prior to the effective date of this law.School divisions are encouraged to use noninstructional personnel for thisnotice.

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 shall make a reasonable effort to ensure thatdirect contact is made with the parent, either in person or through telephoneconversation, by the attendance officer to obtain an explanation for thepupil's absence and to explain to the parent the consequences of continuednonattendance. The attendance officer, the pupil, and the pupil's parentshall jointly develop a plan to resolve the pupil's nonattendance. Such planshall include documentation of the 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, the attendanceofficer shall schedule a conference within ten school days with the pupil,his parent, and school personnel, which conference may include othercommunity service providers, to resolve issues related to the pupil'snonattendance. The conference shall be held no later than fifteen school daysafter the sixth absence. Upon the next absence by such pupil withoutindication to the attendance officer that the pupil's parent is aware of andsupports the pupil's absence, the school principal or his designee shallnotify the attendance officer or the division superintendent, as the case maybe, who shall enforce the provisions of this article by either or both of thefollowing: (i) filing a complaint with the juvenile and domestic relationscourt alleging the pupil is 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, theattendance officer shall provide written documentation of the efforts tocomply with the provisions of this section. In the event that both parentshave been awarded joint physical custody pursuant to 20-124.2 and theschool has received notice of such order, both parents shall be notified atthe last known addresses 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.)