Frequently Asked Questions
What do I do when I get a Summons for court?
The first thing to do is appear at the court hearing. If you do not appear at the hearing, a warrant may issue for your arrest. Prior to the hearing, you may want to call your school district's attendance office and obtain the most recent attendance information regarding your child. Remember, court is a way to get to the bottom of attendance issues. The more open and honest you and your child are with the court, the easier it will be to address attendance issues.
What is a preliminary hearing?
At the preliminary hearing, the court will decide whether or not a student and/or parent has violated the Becca Bill. People who may be present at this hearing include the student, parent, and a school representative who presents the school's case. At this hearing the student is not entitled to representation by an attorney because detention is not a possibility at the preliminary hearing. However, the parent and student may retain their own attorney at any time. Also at this hearing, the child and parent may appear and stipulate (agree) to the truancy petition and the parties agree to take appropriate steps to ameliorate the truancy. The court would then issue an order and jurisdiction for the case begins. A child and parent/guardian may also appear and dispute the absences in the petition or challenge the court's legal sufficiency. The court then holds a contested preliminary hearing where the parties testify under oath about the truancy. The district must prove the absences by a preponderance of the evidence. If the judge finds that the student/child violated the Becca Bill, the order is issued and jurisdiction begins. If the student/parent violates the order of the court, they will come back to court for a Contempt/Show Cause Hearing.
What is a contempt hearing?
The contempt hearing takes place when a school alleges that a student or parent have violated the terms of the court's order entered at the preliminary hearing. The student has the right to be represented at this hearing because if the court finds that the order has been violated and holds the student in contempt, the student may be then be held in detention.
What is a review hearing?
The review hearing takes place after a contempt hearing in order for the court to "review" the progress of the student.
Can a parent be held responsible for their child's truancy?
Yes. RCW 28A.225.010 states that, "All parents in this state of any child eight years of age and under eighteen years of age shall cause such child to attend the public school of the district in which the child resides...." In addition, Washington law allows courts to issue community service or a fine of $25 per day of absence to parents who are found to have violated their duty.
What is an unexcused absence?
An unexcused absence is an absence for which no appropriate excuse has been given. Each school may set their own policy for what is considered an excused or unexcused absence. For instance, many schools require that a doctor's note be given in cases of excessive illness in order to be considered an excused absence. Any absence that does not follow the school's attendance policy, will be considered unexcused. Refer to the student manual for your district's attendance policy.
How many unexcused absences can a student have before the court gets involved?
RCW 28A.225.030 states that a school may file a petition to the Superior Court after five (5) absences in a month. However, the school must file a petition after seven (7) absences in a month or ten (10) absences in a year.
What is a Community Truancy Board?
A Community Truancy Board is a group of volunteers from the community who meet with families who are going through the truancy court process. The goal is to work out an agreement between the student, parent, and school district addressing the attendance issues. The meeting generally takes place after a petition has been filed, but before a preliminary hearing. The CTB is an opportunity for the parties to avoid going to court and settle outside of court. Not all districts have a Community Truancy Board, so contact your school to see if this is an option for your matter.
What is a truancy class?
A truancy class, operated by the King County Superior Court, is an opportunity for parents and students who have had a court petition filed against them to avoid going to court. At the class you will hear from the deputy prosecuting attorney, break up into parent and student groups to discuss issues related to truancy, receive valuable community resource information, and work out a contract with trained facilitators that represents what the student and parent will do to stop the truancy. If the parent and student abide by the contract, then the court will not get involved; however, if the student continues to have unexcused absences a preliminary hearing will be scheduled.
Who do I contact to discuss my attendance issues?
If you have questions about your individual case, please contact your school district, and they will put you in contact with the school attendance office. If you have trouble reaching the proper person, contact the Prosecutor's office at 206-296-9035. The deputy prosecuting attorney should be able to give you the number of your school district's attendance office.
Is there a minimum age for a child before a truancy action can be initiated?
Pursuant to RCW 28A.225.015 a truancy action can be initiated on behalf of a child as young as 6 years of age.
If you have any questions relating to truancy, please contact Leah Taguba, Deputy Prosecuting Attorney, either by e-mail or telephone: 206-296-8859.
Dated: September 5, 2007
