{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/22.1-258.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/22.1-258.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/22.1-258.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/22.1-258.html"}],"law_id":72504,"edition_id":1,"section_id":72504,"structure_id":13989,"section_number":"22.1-258","catch_line":"Appointment of attendance officers; notification when pupil fails to report to school; plan; conference; court proceedings","history":"Code 1950, \u00a7 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; 2018, cc. 713, 753; 2020, cc. 105, 106.","full_text":"Every school board shall have power to appoint one or more attendance officers, who shall be charged with the enforcement of the provisions of this article. Where no attendance officer is appointed by the school board, the division superintendent or his designee shall act as attendance officer.\n\t\tWhenever any pupil fails to report to school on a regularly scheduled school day and no indication has been received by school personnel that the pupil&#8217;s parent is aware of and supports the pupil&#8217;s absence, a reasonable effort to notify by telephone the parent to obtain an explanation for the pupil&#8217;s absence shall be made by either the school principal or his designee, the attendance officer, other school personnel, or volunteers organized by the school administration for this purpose. Any such volunteers shall not be liable for any civil damages for any acts or omissions resulting from making such reasonable efforts to notify parents and obtain such explanation when such acts or omissions are taken in good faith, unless such acts or omissions were the result of gross negligence or willful misconduct. This subsection shall not be construed to limit, withdraw, or overturn any defense or immunity already existing in statutory or common law or to affect any claim occurring prior to the effective date of this law. School divisions are encouraged to use noninstructional personnel for this notice.\n\t\tWhenever any pupil fails to report to school for a total of five scheduled school days for the school year and no indication has been received by school personnel that the pupil&#8217;s parent is aware of and supports the pupil&#8217;s absence, and a reasonable effort to notify the parent has failed, the school principal or his designee shall make a reasonable effort to ensure that direct contact is made with the parent in person, through telephone conversation, or through the use of other communications devices to obtain an explanation for the pupil&#8217;s absence and to explain to the parent the consequences of continued nonattendance. The school principal or his designee, the pupil, and the pupil&#8217;s parent shall jointly develop a plan to resolve the pupil&#8217;s nonattendance. Such plan shall include documentation of the reasons for the pupil&#8217;s nonattendance.\n\t\tIf the pupil is absent for more than one additional day after direct contact with the pupil&#8217;s parent, and school personnel have received no indication that the pupil&#8217;s parent is aware of and supports the pupil&#8217;s absence, the school principal or his designee shall schedule a conference with the pupil, his parent, and school personnel. Such conference may include the attendance officer and other community service providers to resolve issues related to the pupil&#8217;s nonattendance. The conference shall be held no later than 10 school days after the tenth absence of the pupil, regardless of whether his parent approves of the conference. The conference team shall monitor the pupil&#8217;s attendance and may meet again as necessary to address concerns and plan additional interventions if attendance does not improve. In circumstances in which the parent is intentionally noncompliant with compulsory attendance requirements or the pupil is resisting parental efforts to comply with compulsory attendance requirements, the principal or his designee shall make a referral to the attendance officer. The attendance officer shall schedule a conference with the pupil and his parent within 10 school days and may (i) file a complaint with the juvenile and domestic relations district court alleging the pupil is a child in need of supervision as defined in \u00a7 16.1-228 or (ii) institute proceedings against the parent pursuant to \u00a7 18.2-371 or 22.1-262. In filing a complaint against the student, the attendance officer shall provide written documentation of the efforts to comply with the provisions of this section. In the event that both parents have been awarded joint physical custody pursuant to \u00a7 20-124.2 and the school has received notice of such order, both parents shall be notified at the last known addresses of the parents.\n\t\tAn attendance officer, or a division superintendent or his designee when acting as an attendance officer pursuant to \u00a7 22.1-258, may complete, sign, and file with the intake officer of the juvenile and domestic relations district court, on forms approved by the Supreme Court of Virginia, a petition for a violation of a school attendance order entered by the juvenile and domestic relations district court pursuant to \u00a7 16.1-278.5 in response to the filing of a petition alleging the pupil is a child in need of supervision as defined in \u00a7 16.1-228.\n\t\tNothing in this section shall be construed to limit in any way the authority of any attendance officer or division superintendent to seek immediate compliance with the compulsory school attendance law as set forth in this article.\n\t\tAttendance officers, other school personnel or volunteers organized by the school administration for this purpose shall be immune from any civil or criminal liability in connection with the notice to parents of a pupil&#8217;s absence or failure to give such notice as required by this section.","order_by":null,"text":{"0":{"id":261110,"text":"Every school board shall have power to appoint one or more attendance officers, who shall be charged with the enforcement of the provisions of this article. Where no attendance officer is appointed by the school board, the division superintendent or his designee shall act as attendance officer.\n\t\tWhenever any pupil fails to report to school on a regularly scheduled school day and no indication has been received by school personnel that the pupil&#8217;s parent is aware of and supports the pupil&#8217;s absence, a reasonable effort to notify by telephone the parent to obtain an explanation for the pupil&#8217;s absence shall be made by either the school principal or his designee, the attendance officer, other school personnel, or volunteers organized by the school administration for this purpose. Any such volunteers shall not be liable for any civil damages for any acts or omissions resulting from making such reasonable efforts to notify parents and obtain such explanation when such acts or omissions are taken in good faith, unless such acts or omissions were the result of gross negligence or willful misconduct. This subsection shall not be construed to limit, withdraw, or overturn any defense or immunity already existing in statutory or common law or to affect any claim occurring prior to the effective date of this law. School divisions are encouraged to use noninstructional personnel for this notice.\n\t\tWhenever any pupil fails to report to school for a total of five scheduled school days for the school year and no indication has been received by school personnel that the pupil&#8217;s parent is aware of and supports the pupil&#8217;s absence, and a reasonable effort to notify the parent has failed, the school principal or his designee shall make a reasonable effort to ensure that direct contact is made with the parent in person, through telephone conversation, or through the use of other communications devices to obtain an explanation for the pupil&#8217;s absence and to explain to the parent the consequences of continued nonattendance. The school principal or his designee, the pupil, and the pupil&#8217;s parent shall jointly develop a plan to resolve the pupil&#8217;s nonattendance. Such plan shall include documentation of the reasons for the pupil&#8217;s nonattendance.\n\t\tIf the pupil is absent for more than one additional day after direct contact with the pupil&#8217;s parent, and school personnel have received no indication that the pupil&#8217;s parent is aware of and supports the pupil&#8217;s absence, the school principal or his designee shall schedule a conference with the pupil, his parent, and school personnel. Such conference may include the attendance officer and other community service providers to resolve issues related to the pupil&#8217;s nonattendance. The conference shall be held no later than 10 school days after the tenth absence of the pupil, regardless of whether his parent approves of the conference. The conference team shall monitor the pupil&#8217;s attendance and may meet again as necessary to address concerns and plan additional interventions if attendance does not improve. In circumstances in which the parent is intentionally noncompliant with compulsory attendance requirements or the pupil is resisting parental efforts to comply with compulsory attendance requirements, the principal or his designee shall make a referral to the attendance officer. The attendance officer shall schedule a conference with the pupil and his parent within 10 school days and may (i) file a complaint with the juvenile and domestic relations district court alleging the pupil is a child in need of supervision as defined in \u00a7 16.1-228 or (ii) institute proceedings against the parent pursuant to \u00a7 18.2-371 or 22.1-262. In filing a complaint against the student, the attendance officer shall provide written documentation of the efforts to comply with the provisions of this section. In the event that both parents have been awarded joint physical custody pursuant to \u00a7 20-124.2 and the school has received notice of such order, both parents shall be notified at the last known addresses of the parents.\n\t\tAn attendance officer, or a division superintendent or his designee when acting as an attendance officer pursuant to \u00a7 22.1-258, may complete, sign, and file with the intake officer of the juvenile and domestic relations district court, on forms approved by the Supreme Court of Virginia, a petition for a violation of a school attendance order entered by the juvenile and domestic relations district court pursuant to \u00a7 16.1-278.5 in response to the filing of a petition alleging the pupil is a child in need of supervision as defined in \u00a7 16.1-228.\n\t\tNothing in this section shall be construed to limit in any way the authority of any attendance officer or division superintendent to seek immediate compliance with the compulsory school attendance law as set forth in this article.\n\t\tAttendance officers, other school personnel or volunteers organized by the school administration for this purpose shall be immune from any civil or criminal liability in connection with the notice to parents of a pupil&#8217;s absence or failure to give such notice as required by this section.","type":"section","prefixes":[""],"prefix":"","entire_prefix":"","prefix_anchor":"","level":1}},"ancestry":[{"id":13989,"edition_id":1,"name":"Compulsory School Attendance","identifier":"1","label":"article","depth":3,"order_by":1,"parent_id":12850,"metadata":{},"date_created":"2026-06-26 03:46:31","date_modified":"2026-06-26 03:46:31","permalink":{"id":182135,"object_type":"structure","relational_id":13989,"identifier":"1","token":"22.1\/14\/1","url":"\/22.1\/14\/1\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12850,"edition_id":1,"name":"Pupils","identifier":"14","label":"chapter","depth":2,"order_by":1,"parent_id":12823,"metadata":{},"date_created":"2026-06-26 03:43:56","date_modified":"2026-06-26 03:43:56","permalink":{"id":182133,"object_type":"structure","relational_id":12850,"identifier":"14","token":"22.1\/14","url":"\/22.1\/14\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12823,"edition_id":1,"name":"Education","identifier":"22.1","label":"title","depth":1,"order_by":1,"parent_id":null,"metadata":{},"date_created":"2026-06-26 03:43:55","date_modified":"2026-06-26 03:43:55","permalink":{"id":180949,"object_type":"structure","relational_id":12823,"identifier":"22.1","token":"22.1","url":"\/22.1\/","edition_id":1,"permalink":0,"preferred":1}}],"structure_contents":[{"id":64677,"structure_id":13989,"section_number":"22.1-254","catch_line":"Compulsory attendance required; excuses and waivers; alternative education program attendance; exemptions from article","url":"\/22.1-254\/","token":"22.1\/14\/1\/22.1-254","metadata":false},{"id":61216,"structure_id":13989,"section_number":"22.1-254.01","catch_line":"Certain students required to attend summer school or after-school sessions","url":"\/22.1-254.01\/","token":"22.1\/14\/1\/22.1-254.01","metadata":false},{"id":85817,"structure_id":13989,"section_number":"22.1-254.02","catch_line":"Students transferring from a public school","url":"\/22.1-254.02\/","token":"22.1\/14\/1\/22.1-254.02","metadata":false},{"id":75707,"structure_id":13989,"section_number":"22.1-254.1","catch_line":"Declaration of policy; requirements for home instruction of children","url":"\/22.1-254.1\/","token":"22.1\/14\/1\/22.1-254.1","metadata":false},{"id":82535,"structure_id":13989,"section_number":"22.1-254.2","catch_line":"Testing for high school equivalency; eligibility; guidelines","url":"\/22.1-254.2\/","token":"22.1\/14\/1\/22.1-254.2","metadata":false},{"id":60397,"structure_id":13989,"section_number":"22.1-255","catch_line":"Nonresident children","url":"\/22.1-255\/","token":"22.1\/14\/1\/22.1-255","metadata":false},{"id":77710,"structure_id":13989,"section_number":"22.1-256","catch_line":"Repealed","url":"\/22.1-256\/","token":"22.1\/14\/1\/22.1-256","metadata":false},{"id":72504,"structure_id":13989,"section_number":"22.1-258","catch_line":"Appointment of attendance officers; notification when pupil fails to report to school; plan; conference; court proceedings","url":"\/22.1-258\/","token":"22.1\/14\/1\/22.1-258","metadata":false},{"id":57994,"structure_id":13989,"section_number":"22.1-259","catch_line":"Teachers to keep daily attendance records","url":"\/22.1-259\/","token":"22.1\/14\/1\/22.1-259","metadata":false},{"id":73600,"structure_id":13989,"section_number":"22.1-260","catch_line":"Reports of children enrolled and not enrolled; nonattendance","url":"\/22.1-260\/","token":"22.1\/14\/1\/22.1-260","metadata":false},{"id":80115,"structure_id":13989,"section_number":"22.1-261","catch_line":"Attendance officer to make list of children not enrolled; duties of attendance officer","url":"\/22.1-261\/","token":"22.1\/14\/1\/22.1-261","metadata":false},{"id":58722,"structure_id":13989,"section_number":"22.1-262","catch_line":"Complaint to court when parent fails to comply with law","url":"\/22.1-262\/","token":"22.1\/14\/1\/22.1-262","metadata":false},{"id":83240,"structure_id":13989,"section_number":"22.1-263","catch_line":"Violation constitutes misdemeanor","url":"\/22.1-263\/","token":"22.1\/14\/1\/22.1-263","metadata":false},{"id":62028,"structure_id":13989,"section_number":"22.1-264","catch_line":"Misdemeanor to make false statements as to age","url":"\/22.1-264\/","token":"22.1\/14\/1\/22.1-264","metadata":false},{"id":81772,"structure_id":13989,"section_number":"22.1-264.1","catch_line":"Misdemeanor to make false statements as to school division or attendance zone residency; penalty","url":"\/22.1-264.1\/","token":"22.1\/14\/1\/22.1-264.1","metadata":false},{"id":81264,"structure_id":13989,"section_number":"22.1-265","catch_line":"Inducing children to absent themselves","url":"\/22.1-265\/","token":"22.1\/14\/1\/22.1-265","metadata":false},{"id":58598,"structure_id":13989,"section_number":"22.1-266","catch_line":"Law-enforcement officers and truant children","url":"\/22.1-266\/","token":"22.1\/14\/1\/22.1-266","metadata":false},{"id":55064,"structure_id":13989,"section_number":"22.1-267","catch_line":"Proceedings against habitually absent child","url":"\/22.1-267\/","token":"22.1\/14\/1\/22.1-267","metadata":false},{"id":56329,"structure_id":13989,"section_number":"22.1-268","catch_line":"Duty of attorneys for the Commonwealth to prosecute cases arising under article; jurisdiction of offenses","url":"\/22.1-268\/","token":"22.1\/14\/1\/22.1-268","metadata":false},{"id":65442,"structure_id":13989,"section_number":"22.1-269","catch_line":"Board to enforce","url":"\/22.1-269\/","token":"22.1\/14\/1\/22.1-269","metadata":false},{"id":70396,"structure_id":13989,"section_number":"22.1-269.1","catch_line":"Alternative attendance programs","url":"\/22.1-269.1\/","token":"22.1\/14\/1\/22.1-269.1","metadata":false}],"previous_section":{"id":77710,"structure_id":13989,"section_number":"22.1-256","catch_line":"Repealed","url":"\/22.1-256\/","token":"22.1\/14\/1\/22.1-256","metadata":false},"next_section":{"id":57994,"structure_id":13989,"section_number":"22.1-259","catch_line":"Teachers to keep daily attendance records","url":"\/22.1-259\/","token":"22.1\/14\/1\/22.1-259","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/22.1-258\/","history_text":"<p>The record of this law\u2019s original creation isn\u2019t available online. It has been modified 10 times. Those modifications are cataloged by \u201cThe Acts of Assembly,\u201d a state publication, by year and chapter. Those modifications that can be read on the General Assembly\u2019s website will be linked accordingly. Those modifications are as follows: in 1980, chapter 559; in 1985, chapter 482; in 1990, chapter 797; in 1991, chapter 295; in 1996, chapters <a href=\"https:\/\/legacylis.virginia.gov\/cgi-bin\/legp604.exe?961+ful+CHAP0891\">891<\/a>, <a href=\"https:\/\/legacylis.virginia.gov\/cgi-bin\/legp604.exe?961+ful+CHAP0916\">916<\/a>, and <a href=\"https:\/\/legacylis.virginia.gov\/cgi-bin\/legp604.exe?961+ful+CHAP0964\">964<\/a>; in 1998, chapter <a href=\"https:\/\/legacylis.virginia.gov\/cgi-bin\/legp604.exe?981+ful+CHAP0620\">620<\/a>; in 1999, chapter <a href=\"https:\/\/legacylis.virginia.gov\/cgi-bin\/legp604.exe?991+ful+CHAP0526\">526<\/a>; in 2010, chapter <a href=\"https:\/\/legacylis.virginia.gov\/cgi-bin\/legp604.exe?101+ful+CHAP0597\">597<\/a>; in 2018, chapters <a href=\"https:\/\/legacylis.virginia.gov\/cgi-bin\/legp604.exe?181+ful+CHAP0713\">713<\/a> and <a href=\"https:\/\/legacylis.virginia.gov\/cgi-bin\/legp604.exe?181+ful+CHAP0753\">753<\/a>; in 2020, chapters <a href=\"https:\/\/legacylis.virginia.gov\/cgi-bin\/legp604.exe?201+ful+CHAP0105\">105<\/a> and <a href=\"https:\/\/legacylis.virginia.gov\/cgi-bin\/legp604.exe?201+ful+CHAP0106\">106<\/a>.<\/p>","references":[{"id":63788,"section_number":"16.1-228","catch_line":"Definitions","order_by":null,"url":"\/16.1-228\/"},{"id":57160,"section_number":"16.1-260","catch_line":"Intake; petition; investigation","order_by":null,"url":"\/16.1-260\/"},{"id":74546,"section_number":"16.1-278.9","catch_line":"Delinquent children; loss of driving privileges for alcohol, firearm, and drug offenses; truancy","order_by":null,"url":"\/16.1-278.9\/"},{"id":72504,"section_number":"22.1-258","catch_line":"Appointment of attendance officers; notification when pupil fails to report to school; plan; conference; court proceedings","order_by":null,"url":"\/22.1-258\/"},{"id":73600,"section_number":"22.1-260","catch_line":"Reports of children enrolled and not enrolled; nonattendance","order_by":null,"url":"\/22.1-260\/"},{"id":58722,"section_number":"22.1-262","catch_line":"Complaint to court when parent fails to comply with law","order_by":null,"url":"\/22.1-262\/"},{"id":83240,"section_number":"22.1-263","catch_line":"Violation constitutes misdemeanor","order_by":null,"url":"\/22.1-263\/"},{"id":73725,"section_number":"54.1-3900","catch_line":"Practice of law; student internship program; definition","order_by":null,"url":"\/54.1-3900\/"}],"refers_to":[{"id":63788,"section_number":"16.1-228","catch_line":"Definitions","order_by":null,"url":"\/16.1-228\/"},{"id":62708,"section_number":"16.1-278.5","catch_line":"Children in need of supervision","order_by":null,"url":"\/16.1-278.5\/"},{"id":66060,"section_number":"18.2-371","catch_line":"Causing or encouraging acts rendering children delinquent, abused, etc.; penalty; abandoned infant","order_by":null,"url":"\/18.2-371\/"},{"id":57103,"section_number":"20-124.2","catch_line":"Court-ordered custody and visitation arrangements","order_by":null,"url":"\/20-124.2\/"},{"id":72504,"section_number":"22.1-258","catch_line":"Appointment of attendance officers; notification when pupil fails to report to school; plan; conference; court proceedings","order_by":null,"url":"\/22.1-258\/"},{"id":58722,"section_number":"22.1-262","catch_line":"Complaint to court when parent fails to comply with law","order_by":null,"url":"\/22.1-262\/"}],"permalink":{"id":182165,"object_type":"law","relational_id":72504,"identifier":"22.1-258","token":"22.1\/14\/1\/22.1-258","url":"\/22.1-258\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/22.1-258\/","token":"22.1\/14\/1\/22.1-258","dublin_core":{"Title":"Appointment of attendance officers; notification when pupil fails to report to school; plan; conference; court proceedings","Type":"Text","Format":"text\/html","Identifier":"\u00a7 22.1-258","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t<section><p>Every <span class=\"dictionary\">school board<\/span> shall have power to appoint one or more attendance officers, who shall be charged with the enforcement of the provisions of this article. Where no attendance officer is appointed by the <span class=\"dictionary\">school board<\/span>, the <span class=\"dictionary\">division superintendent<\/span> or his designee shall act as attendance officer.\n\t\tWhenever any pupil fails to report to school on a regularly scheduled school day and no indication has been received by school personnel that the pupil&#8217;s <span class=\"dictionary\">parent<\/span> is aware of and supports the pupil&#8217;s absence, a reasonable effort to notify by telephone the <span class=\"dictionary\">parent<\/span> to obtain an explanation for the pupil&#8217;s absence shall be made by either the school principal or his designee, the attendance officer, other school personnel, or volunteers organized by the school administration for this purpose. Any such volunteers shall not be liable for any civil <span class=\"dictionary\">damages<\/span> for any acts or omissions resulting from making such reasonable efforts to notify <span class=\"dictionary\"><span class=\"dictionary\">parents<\/span><\/span> and obtain such explanation when such acts or omissions are taken in good faith, unless such acts or omissions were the result of gross <span class=\"dictionary\">negligence<\/span> or willful misconduct. This subsection shall not be construed to limit, withdraw, or overturn any defense or immunity already existing in statutory or <span class=\"dictionary\">common law<\/span> or to affect any claim occurring prior to the effective date of this law. School divisions are encouraged to use noninstructional personnel for this notice.\n\t\tWhenever any pupil fails to report to school for a total of five scheduled school days for the school year and no indication has been received by school personnel that the pupil&#8217;s <span class=\"dictionary\">parent<\/span> is aware of and supports the pupil&#8217;s absence, and a reasonable effort to notify the <span class=\"dictionary\">parent<\/span> has failed, the school principal or his designee shall make a reasonable effort to ensure that direct contact is made with the <span class=\"dictionary\">parent<\/span> in person, through telephone conversation, or through the use of other communications devices to obtain an explanation for the pupil&#8217;s absence and to explain to the <span class=\"dictionary\">parent<\/span> the consequences of continued nonattendance. The school principal or his designee, the pupil, and the pupil&#8217;s <span class=\"dictionary\">parent<\/span> shall jointly develop a plan to resolve the pupil&#8217;s nonattendance. Such plan shall include documentation of the reasons for the pupil&#8217;s nonattendance.\n\t\tIf the pupil is absent for more than one additional day after direct contact with the pupil&#8217;s <span class=\"dictionary\">parent<\/span>, and school personnel have received no indication that the pupil&#8217;s <span class=\"dictionary\">parent<\/span> is aware of and supports the pupil&#8217;s absence, the school principal or his designee shall schedule a conference with the pupil, his <span class=\"dictionary\">parent<\/span>, and school personnel. Such conference may include the attendance officer and other <span class=\"dictionary\">community service<\/span> providers to resolve <span class=\"dictionary\">issues<\/span> related to the pupil&#8217;s nonattendance. The conference shall be held no later than 10 school days after the tenth absence of the pupil, regardless of whether his <span class=\"dictionary\">parent<\/span> approves of the conference. The conference team shall monitor the pupil&#8217;s attendance and may meet again as necessary to address concerns and plan additional interventions if attendance does not improve. In circumstances in which the <span class=\"dictionary\">parent<\/span> is intentionally noncompliant with compulsory attendance requirements or the pupil is resisting parental efforts to comply with compulsory attendance requirements, the principal or his designee shall make a referral to the attendance officer. The attendance officer shall schedule a conference with the pupil and his <span class=\"dictionary\">parent<\/span> within 10 school days and may (i) file a complaint with the juvenile and domestic relations district <span class=\"dictionary\">court<\/span> alleging the pupil is a child in need of supervision as defined in \u00a7&nbsp;<a class=\"law\" title=\"Definitions\" href=\"\/16.1-228\/\">16.1-228<\/a> or (ii) institute proceedings against the <span class=\"dictionary\">parent<\/span> pursuant to \u00a7&nbsp;<a class=\"law\" title=\"Causing or encouraging acts rendering children delinquent, abused, etc.; penalty; abandoned infant\" href=\"\/18.2-371\/\">18.2-371<\/a> or <a class=\"law\" title=\"Complaint to court when parent fails to comply with law\" href=\"\/22.1-262\/\">22.1-262<\/a>. In filing a complaint against the student, the attendance officer shall provide written documentation of the efforts to comply with the provisions of this section. In the event that both <span class=\"dictionary\"><span class=\"dictionary\">parents<\/span><\/span> have been awarded joint physical <span class=\"dictionary\">custody<\/span> pursuant to \u00a7&nbsp;<a class=\"law\" title=\"Court-ordered custody and visitation arrangements\" href=\"\/20-124.2\/\">20-124.2<\/a> and the school has received notice of such <span class=\"dictionary\">order<\/span>, both <span class=\"dictionary\"><span class=\"dictionary\">parents<\/span><\/span> shall be notified at the last known addresses of the <span class=\"dictionary\"><span class=\"dictionary\">parents<\/span><\/span>.\n\t\tAn attendance officer, or a <span class=\"dictionary\">division superintendent<\/span> or his designee when acting as an attendance officer pursuant to \u00a7&nbsp;<a class=\"law\" title=\"Appointment of attendance officers; notification when pupil fails to report to school; plan; conference; court proceedings\" href=\"\/22.1-258\/\">22.1-258<\/a>, may complete, sign, and file with the intake officer of the juvenile and domestic relations district <span class=\"dictionary\">court<\/span>, on forms approved by the Supreme <span class=\"dictionary\">Court<\/span> of Virginia, a <span class=\"dictionary\">petition<\/span> for a violation of a school attendance <span class=\"dictionary\">order<\/span> entered by the juvenile and domestic relations district <span class=\"dictionary\">court<\/span> pursuant to \u00a7&nbsp;<a class=\"law\" title=\"Children in need of supervision\" href=\"\/16.1-278.5\/\">16.1-278.5<\/a> in response to the filing of a <span class=\"dictionary\">petition<\/span> alleging the pupil is a child in need of supervision as defined in \u00a7&nbsp;<a class=\"law\" title=\"Definitions\" href=\"\/16.1-228\/\">16.1-228<\/a>.\n\t\tNothing in this section shall be construed to limit in any way the authority of any attendance officer or <span class=\"dictionary\">division superintendent<\/span> to seek immediate compliance with the compulsory school attendance law as set forth in this article.\n\t\tAttendance officers, other school personnel or volunteers organized by the school administration for this purpose shall be immune from any civil or criminal liability in connection with the notice to <span class=\"dictionary\"><span class=\"dictionary\">parents<\/span><\/span> of a pupil&#8217;s absence or failure to give such notice as required by this section.<\/p><\/section>","plain_text":"                                 CODE OF VIRGINIA\n\nAPPOINTMENT OF ATTENDANCE OFFICERS; NOTIFICATION WHEN PUPIL FAILS TO REPORT TO\nSCHOOL; PLAN; CONFERENCE; COURT PROCEEDINGS (\u00a7 22.1-258)\n\nEvery school board shall have power to appoint one or more attendance officers,\nwho shall be charged with the enforcement of the provisions of this article.\nWhere no attendance officer is appointed by the school board, the division\nsuperintendent or his designee shall act as attendance officer.\n\t\tWhenever any pupil fails to report to school on a regularly scheduled school\nday and no indication has been received by school personnel that the\npupil&#8217;s parent is aware of and supports the pupil&#8217;s absence, a\nreasonable effort to notify by telephone the parent to obtain an explanation for\nthe pupil&#8217;s absence shall be made by either the school principal or his\ndesignee, the attendance officer, other school personnel, or volunteers\norganized by the school administration for this purpose. Any such volunteers\nshall not be liable for any civil damages for any acts or omissions resulting\nfrom making such reasonable efforts to notify parents and obtain such\nexplanation when such acts or omissions are taken in good faith, unless such\nacts or omissions were the result of gross negligence or willful misconduct.\nThis subsection shall not be construed to limit, withdraw, or overturn any\ndefense or immunity already existing in statutory or common law or to affect any\nclaim occurring prior to the effective date of this law. School divisions are\nencouraged to use noninstructional personnel for this notice.\n\t\tWhenever any pupil fails to report to school for a total of five scheduled\nschool days for the school year and no indication has been received by school\npersonnel that the pupil&#8217;s parent is aware of and supports the\npupil&#8217;s absence, and a reasonable effort to notify the parent has failed,\nthe school principal or his designee shall make a reasonable effort to ensure\nthat direct contact is made with the parent in person, through telephone\nconversation, or through the use of other communications devices to obtain an\nexplanation for the pupil&#8217;s absence and to explain to the parent the\nconsequences of continued nonattendance. The school principal or his designee,\nthe pupil, and the pupil&#8217;s parent shall jointly develop a plan to resolve\nthe pupil&#8217;s nonattendance. Such plan shall include documentation of the\nreasons for the pupil&#8217;s nonattendance.\n\t\tIf the pupil is absent for more than one additional day after direct contact\nwith the pupil&#8217;s parent, and school personnel have received no indication\nthat the pupil&#8217;s parent is aware of and supports the pupil&#8217;s\nabsence, the school principal or his designee shall schedule a conference with\nthe pupil, his parent, and school personnel. Such conference may include the\nattendance officer and other community service providers to resolve issues\nrelated to the pupil&#8217;s nonattendance. The conference shall be held no\nlater than 10 school days after the tenth absence of the pupil, regardless of\nwhether his parent approves of the conference. The conference team shall monitor\nthe pupil&#8217;s attendance and may meet again as necessary to address concerns\nand plan additional interventions if attendance does not improve. In\ncircumstances in which the parent is intentionally noncompliant with compulsory\nattendance requirements or the pupil is resisting parental efforts to comply\nwith compulsory attendance requirements, the principal or his designee shall\nmake a referral to the attendance officer. The attendance officer shall schedule\na conference with the pupil and his parent within 10 school days and may (i)\nfile a complaint with the juvenile and domestic relations district court\nalleging the pupil is a child in need of supervision as defined in \u00a7 16.1-228\nor (ii) institute proceedings against the parent pursuant to \u00a7 18.2-371 or\n22.1-262. In filing a complaint against the student, the attendance officer\nshall provide written documentation of the efforts to comply with the provisions\nof this section. In the event that both parents have been awarded joint physical\ncustody pursuant to \u00a7 20-124.2 and the school has received notice of such\norder, both parents shall be notified at the last known addresses of the\nparents.\n\t\tAn attendance officer, or a division superintendent or his designee when\nacting as an attendance officer pursuant to \u00a7 22.1-258, may complete, sign, and\nfile with the intake officer of the juvenile and domestic relations district\ncourt, on forms approved by the Supreme Court of Virginia, a petition for a\nviolation of a school attendance order entered by the juvenile and domestic\nrelations district court pursuant to \u00a7 16.1-278.5 in response to the filing of\na petition alleging the pupil is a child in need of supervision as defined in \u00a7\n16.1-228.\n\t\tNothing in this section shall be construed to limit in any way the authority\nof any attendance officer or division superintendent to seek immediate\ncompliance with the compulsory school attendance law as set forth in this\narticle.\n\t\tAttendance officers, other school personnel or volunteers organized by the\nschool administration for this purpose shall be immune from any civil or\ncriminal liability in connection with the notice to parents of a pupil&#8217;s\nabsence or failure to give such notice as required by this section.\n\nHISTORY: Code 1950, \u00a7 22-275.16; 1959, Ex. Sess., c. 72; 1980, c. 559; 1985, c.\n482; 1990, c. 797; 1991, c. 295; 1996, cc. 891, 916, 964; 1998, c. 620; 1999, c.\n526; 2010, c. 597; 2018, cc. 713, 753; 2020, cc. 105, 106.","edition":{"id":1,"name":"2025","slug":"2025","date_created":"2026-06-21 22:39:22","date_modified":"2026-06-21 22:39:22","current":1,"order_by":1,"last_import":null}}