E101 From Absences to Action: Attendance, Truancy, and Special Education Obligations
In this episode, host Sloan Simmons is joined by Lozano Smith attorneys Sarah Garcia and Karina Demirchyan to discuss why student attendance has become a critical issue for local educational agencies and how attendance concerns can evolve into legal and special education obligations. Drawing on recent legislative updates and real-world experience, the conversation highlights funding considerations, attendance terminology, notification requirements, and when chronic absenteeism may trigger child find duties and further intervention.
Show Notes & References
- 1:21 – Why attendance is a critical issue for Local Educational Agencies (LEAs)
- 1:57 – School funding and average daily membership (Senate Bill (SB) 98)
- 2:05 – Optional attendance recovery program (SB 153)
- 2:19 – New excused absences (SB 1138) (See Client News Brief 45 – October 2024)
- 2:51 – Truancy (AB 461) (See Client News Brief 58 – December 2025)
- 3:09 – Lozano Smith Podcast Episode 99: New Laws Impacting Students Heading into 2026
- 3:49 – Heightened attention on attendance from California Department of Education (CDE) and supporting data
- 6:18 – Correlation between attendance and discipline
- 7:51 – Legal requirements for LEAs regarding attendance
- 9:16 – Terminology (chronic absenteeism, truancy, habitual truancy, and chronic truancy)
- 14:51 – Notification requirements for truancy letters (SB 691) (See Client News Brief 45 – October 2024)
- 16:56 – When attendance issues become a special education issue
- 21:44 – Child find and evaluating absent students for special education
- 22:34 – Factors that LEAs should be looking for with attendance when considering referring a student for assessment
- 25:18 – School Attendance Review Board (SARB)
- 27:11 – Effective attendance and behavior interventions
- 28:44 – Parent training
- 30:56 – Cautionary tales and anecdotes from the field
For more information on the topics discussed in this podcast, please visit our website at: www.lozanosmith.com/podcast
Disclaimer: As the information contained herein is necessarily general, its application to a particular set of facts and circumstances may vary. For this reason, this podcast episode does not constitute legal advice. We recommend that you consult with your counsel prior to acting on the information contained herein.