May 11, 2011 (Lincoln, Neb.) Gov. Dave Heineman today signed LB 463 into law, which updates state statute regarding truancy in Nebraska K-12 schools. The bill includes the emergency clause and will take effect tomorrow.
LB 463 updates truancy requirements enacted last year for K-12 students to provide greater flexibility in cases involving documented illnesses. School district policies must now include provisions on how school officials and county will handle excessive absenteeism that is due to serious or extended illness.
“As parents and policy makers, we have a responsibility to do everything we can to encourage our young people to be in school,” Gov. Heineman said. “If students aren’t in school, they can’t learn. This is about helping students succeed in the classroom. It’s also critical that school districts implement this law with common sense.”
Data compiled by the Nebraska Department of Education indicates that nearly 22,000 students, or approximately eight percent of all K-12 students in Nebraska, were absent more than 20 school days during the 2009-10 school year. Analysis conducted by Dr. Roger Breed, Commissioner of Education, indicates that truant 11th graders scored approximately 30 points lower on the 2010 statewide reading assessment compared to fellow students who hadn’t missed 20 days of school.
LB 463 authorizes the Learning Community Coordinating Council, made up of representatives of the 11 school districts in the greater Omaha metro area, to provide funding for juvenile diversion programs intended to reduce excessive absenteeism. Superintendents will also develop and implement a joint plan to reduce truancy in learning community schools by August.The bill also provides $100,000 to help the state court system provide early intervention through juvenile diversion programs to reduce excessive absenteeism.
State law still requires school districts to report to the county attorney when a child is absent more than 20 days during a school year. Schools have the discretion to determine how to respond when a child is absent more than five days in a quarter.
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April 29, 2011
LINCOLN - Nebraska lawmakers advanced a truancy bill Wednesday, but not before several expressed misgivings about how the state's new emphasis on student absenteeism is being enforced.
Among those was State Sen. Russ Karpisek of Wilber, who said the school had sent a letter warning about his eighth-grade son's absences.
Illness accounted for all but a couple of the nine days he has missed. The rest were for a visit with family.
Yet, Karpisek said, the letter warned that if the boy misses another day, he could be required to go before the school board.
His family is one of many that, in the wake of a law passed last year, are receiving letters, phone calls or even court filings concerning their children's absences from school.
"I do think in some cases it's not being used appropriately," Karpisek said.
But Sen. Brad Ashford of Omaha said last year's law was intended to address a critical problem in the state.
Despite truancy laws on the books, schools were allowing students to miss too many days of school, which hurt their achievement levels.
The law required schools to develop anti-truancy policies in collaboration with county attorneys, including policies for early intervention with absent children.
It also required schools to report students who are absent 20 days or more to the county attorney.
Ashford said the reports are made whether the absences are excused or not, but the attorneys would file cases only for unexcused absences. It is up to school districts to decide what absences are excused.
"We do want these children in school," he said. "We don't want them in juvenile court."
Sen. Paul Schumacher of Columbus questioned why the county attorney needed to be notified of excused absences.
"It's like the County Attorney's Office is being made baby-sitter-in-chief," he said.
Sen. Tony Fulton of Lincoln asked whether the law allowed for judgment calls.
He said a constituent has been caught up in the juvenile justice system because of a child's absences, even though the child missed school for legitimate reasons.
The concerns raised during debate dealt with existing law, not the bill that won second-round approval Wednesday.
Legislative Bill 463 would require the school districts within the Omaha-area Learning Community to develop a plan by Aug. 1 for reducing truancy.
The plan would have to include sharing of information between schools and the child welfare, juvenile justice and probation systems.
The bill also would require school districts across the state to address illness-related absences in their truancy policies
“As parents and policy makers, we have a responsibility to do everything we can to encourage our young people to be in school,” Gov. Heineman said. “If students aren’t in school, they can’t learn. This is about helping students succeed in the classroom. It’s also critical that school districts implement this law with common sense.”
It is definately not true that the only place a student can learn is in school. The goal should not be that students succeed in the classroom but that students succeed in life! And to expect any government agency to implement any law with common sense is disregarding all past history of how laws have been enforced. Our county attorney will be so much better at seeing to the welfare of our children than their parents, don't you think? Please let our legislators know how much we appreciate them taking these steps to look out for the welfare of our students and our state!!!
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