House Education advances draft chronic‑absenteeism bill; AOE to draft model policy and templates

The House Education Committee met Feb. 24 to continue review of a committee bill that would create new statutory definitions and a model policy for chronic absenteeism and truancy.

Oliver Olson, testifying on behalf of the Vermont Independent Schools Association, told the committee the draft definition of "absence" — a student "who for at least half a school day when the school is open, not physically on school grounds, or who is not receiving educational services or programming elsewhere pursuant to a program or plan approved by the district" — needs two technical fixes to work for independent schools and public districts alike. Olson urged replacing the phrase "approved by the district" with language that recognizes an independent school can approve programming for its enrolled students and suggested broadening "educational services" to explicitly include co‑curricular and athletic programming so routine activities such as away games or class trips are captured as intended.

The committee also debated scope and drafting choices. Members voiced concern about long enumerations in statute; Representative Long and other members cautioned that examples can be helpful but risk unintentionally constraining administration. Members asked that drafting clarify whether the bill applies only to Vermont resident students, noting cross‑border public‑tuition and international boarding students require different handling.

Legislative counsel walked the committee through the bill, explaining it adds a new definitions subchapter to the compulsory attendance chapter (chapter 25) and amends related sections. Key provisions counsel highlighted include:

- A two‑track approach to absence: "truancy" defined as 20 or more unexcused absences within a school year or within 175 consecutive student attendance days, and "chronic absenteeism" defined as any absence for 10% or more of a district's school days.

- A list of reasons that a superintendent or head of an approved independent school may excuse absences (illness, family emergency, medical/dental/mental‑health appointments, religious observance, certain legal activities, homelessness, pre‑enlistment or deployment activities, and other reasons with secretary approval). Members asked that the bill use "superintendent or designee" and explicitly include heads of independent schools in the same sentence.

- A limit on preapproved absences: "Preapproved absences shall not exceed 10 cumulative school days in each year." The bill also requires a template for documentation of actions taken under the policy (the "truancy reporting protocol"). Committee members pressed that that template include standardized parent/caregiver correspondence so districts do not produce inconsistent or alarmist notices.

- Notification and escalation: when a student accumulates the truancy threshold, the principal must notify the superintendent; for Vermont resident students enrolled in approved independent schools, the head of school must notify the student's district of residence. On review of the district's protocol, the superintendent "if warranted" may notify the truant officer and centralized Department for Children and Families (DCF) intake. Committee members raised concern that existing truant or disciplinary letters have sometimes "included a threat of DCF involvement," and urged a standardized, non‑threatening template.

- Enforcement pathway questions: the bill requires a truant officer to file a complaint with the state's attorney if a parent or guardian fails to comply after written notice and to provide the statement of evidence and the reporting protocol. Several lawmakers asked legislative counsel to consult judiciary staff to clarify whether the bill needs enabling penalties or statutory cross‑references that would make prosecution practicable, noting the state's attorney has independent prosecutorial discretion.

- Suspension/expulsion and alternative education: the draft would require public schools and approved independent schools to provide access to alternative education (tutoring, instructional materials, assignments) during suspensions of three or more days and may provide such access for expelled students; members agreed to change some "shall" language to "may" for expulsions.

- Implementation dates: the Agency of Education must adopt and publish the model policy on or before July 1, 2027; school boards and approved independent schools must adopt a policy meeting or exceeding that model on or before July 1, 2028. Counsel offered to add a report back to the committee on March 15, 2027, describing progress on the model policy and templates.

Committee members also raised fiscal and operational questions: whether the bill creates an unfunded mandate by requiring districts to supply curriculum or tutoring, how truant officers are appointed or employed, and how out‑of‑state or international students should be handled in reporting. Legislative counsel agreed to draft updated language and consult judiciary colleagues about potential penalties or enabling provisions. The committee did not take a vote and scheduled continued work after the requested follow‑up.

"We are going to try to build this out by the end of this week," the chair said, asking counsel to return with revised language and to consult with judiciary staff. The committee recessed to continue work later in the week.