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<law><site_title>Virginia Decoded</site_title><site_url>https://vacode.org</site_url><law_id>72504</law_id><section_number>22.1-258</section_number><catch_line>Appointment of attendance officers; notification when pupil fails to report to school; plan; conference; court proceedings</catch_line><edition url="https://vacode.org/2025/" slug="2025" current="TRUE" last_updated="">2025</edition><referred_to_by><reference>16.1-228</reference><reference>16.1-260</reference><reference>16.1-278.9</reference><reference>22.1-258</reference><reference>22.1-260</reference><reference>22.1-262</reference><reference>22.1-263</reference><reference>54.1-3900</reference></referred_to_by><structure><unit label="title" level="1" order_by="1" identifier="22.1">Education</unit><unit label="chapter" level="2" order_by="1" identifier="14">Pupils</unit><unit label="article" level="3" order_by="1" identifier="1">Compulsory School Attendance</unit></structure><text>
						<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.
		Whenever 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&#x2019;s <span class="dictionary">parent</span> is aware of and supports the pupil&#x2019;s absence, a reasonable effort to notify by telephone the <span class="dictionary">parent</span> to obtain an explanation for the pupil&#x2019;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.
		Whenever 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&#x2019;s <span class="dictionary">parent</span> is aware of and supports the pupil&#x2019;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&#x2019;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&#x2019;s <span class="dictionary">parent</span> shall jointly develop a plan to resolve the pupil&#x2019;s nonattendance. Such plan shall include documentation of the reasons for the pupil&#x2019;s nonattendance.
		If the pupil is absent for more than one additional day after direct contact with the pupil&#x2019;s <span class="dictionary">parent</span>, and school personnel have received no indication that the pupil&#x2019;s <span class="dictionary">parent</span> is aware of and supports the pupil&#x2019;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&#x2019;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&#x2019;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 &#xA7;&#xA0;<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 &#xA7;&#xA0;<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 &#xA7;&#xA0;<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>.
		An attendance officer, or a <span class="dictionary">division superintendent</span> or his designee when acting as an attendance officer pursuant to &#xA7;&#xA0;<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 &#xA7;&#xA0;<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 &#xA7;&#xA0;<a class="law" title="Definitions" href="/16.1-228/">16.1-228</a>.
		Nothing 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.
		Attendance 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&#x2019;s absence or failure to give such notice as required by this section.</p></section></text><history>Code 1950, &#xA7; 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.</history><metadata></metadata></law>
