West Valley School District of Yakima

Regular school attendance is critical for students' progress in the classroom. Since 1996, a Washington State law (the "Becca" bill) guides procedures for students' truancy. Read more about the Becca bill here. Because enforcement of the Becca bill is done through the Juvenile Division of the Superior Court in each county, there are local variations in implementation in each of the 39 counties in our state.

The following is taken from the Yakima County Truancy Manual which may be found here in its entirety.

The Becca Law
Washington State ’s truancy law (RCW 13.32A, often termed “the Becca Bill ”) is intended to stop truancy before it becomes a problem. It requires that students attend school; and if they do not, then that the school takes action.

What is an unexcused absence?
“Unexcused absence” means that the student has missed most of a school day or has failed to comply with a more restrictive school district policy, and the student’s absence is not excused under the school district’s policy. RCW 28A.225.020(2)

How many unexcused absences can a student have before the court gets involved?
A school may file a petition for a student who has had any unexcused absences. Depending on the circumstances, a school must file a petition if the student has had 5, 7, or 10 unexcused absences (see below).

Is there a minimum age for a child before a truancy action can be initiated?
A truancy action can be initiated on behalf of an enrolled child as young as six. RCW 28A.225.015 For students under eight a petition may only be filed against a parent.

Can a parent be held responsible for their child's truancy?
Yes. Parents are required to cause their children (from age eight to eighteen) to attend school. If the parent does not, then the parent can be sentenced to community service hours or fines. RCW 28A.225.010 .

If a student required to attend school fails to attend school without valid justification, the school in which the student is enrolled shall (RCW 28A.225.020):

If the student has more than one unexcused absence in a month, inform the student’s custodial parent or guardian in writing or by telephone. Also, inform the parent of the potential consequences of additional unexcused absences;
If the student has more than two unexcused absences in month, schedule a conference or with the custodial parent or guardian and student to analyzing the causes of the absences after two unexcused absences; and
Take steps to eliminate or reduce the student’s absences.

These steps shall include, where appropriate, adjusting the student’s school program or course assignment, providing more individualized or remedial instruction, or assisting the parent or student to obtain supplementary services that might eliminate the cause or causes for the absences from school. If the student’s parent does not attend the scheduled conference, the conference may be conducted with the student and school official. However, the parent shall be notified of the steps to be taken to eliminate or reduce the student’s absence.

If the school’s efforts are UNSUCCESSFUL......
If informal steps taken by a school are not successful in substantially reducing an enrolled student’s absences, and the student has 5 unexcused absences in a month or 10 in a school year, then the school must file a truancy petition. RCW 28A.225.030

Truancy Petitions and Process
Under certain conditions, the district must file a truancy petition. What is a Truancy Petition?
When a student has been served with a Truancy Petition, here is what happens next.
Additional unexcused absences following an Order to Attend School may lead to a Contempt Motion and Hearing. What is a Contempt Motion and Hearing?
When a student fails to appear in court, here is what happens next?

At-Risk Youth (ARY)
If the school perceives that a student's truancy is caused by a parent or guardian’s general inability to control their student’s behavior, the school may want to consider referring the parent to the Department of Social and Health Services (DSHS) for help under the At-Risk Youth laws (also known as the Family Reconciliation Act, RCW 13.32A). The goal of the ARY laws is to maintain families intact wherever possible, with support from DSDHS or the court system.

The Department can make referrals for helpful services, and assist parents in filing an ARY petition. If an ARY petition is granted by the court, the youth will be ordered to follow parent rules and curfew, go to school, etc. A youth who violates an ARY order can be sentenced to community service hours or detention.

Parents can request this type of service by contacting the Department of Social and Health Services. In Yakima , the office is located on the third floor at 1002 North 16th Avenue (225-6500). In Toppenish DSHS ( 865-1450 ), Nak-nu-we-sha (865-5121) or Sunnyside ( 836-5750 ). Parents should request to speak to the Family Reconciliation Staff.

A “child in need of services” (RCW 13.32A.030(5)) is an un-emancipated child under the age of 18 who:

Is so far beyond parental control that their behavior endangers the health, safety, or welfare of themselves or an other person; or,
Has been reported as a runaway for more than 24 hours or as absent from a court ordered placement on two or more occasions and has a serious substance abuse problem or exhibits behaviors that create a risk of harm to the child or others; or
Is in need of services, lacks access or has declined to use the services, and whose parents are unwilling or unable to continue efforts to maintain the family structure.

What are the characteristics of families served?
Families served through this program have usually have significant conflicts between parents and teens, which have not been solved through counseling or other services. Typically the CHINS petition is filed by the youth. Court procedures are similar to those followed in an ARY case, except that indigent parents are entitled to the appointment of lawyers at County expense, and the court has greater access to out of home placement options for the youth. At the petition hearing, the youth must show that they made a reasonable effort to resolve the conflicts.