Unexcused student absences

AN ACT Relating to addressing unexcused student absences by 1
eliminating truancy petition requirements, while maintaining options 2
for community engagement boards; amending RCW 28A.225.030, 3
28A.225.015, 28A.225.025, 28A.225.151, 7.21.030, 7.21.080, 36.18.020, 4
and 4.08.050; and repealing RCW 2.56.140, 28A.225.0261, 28A.225.031, 5
28A.225.035, 28A.225.090, and 28A.225.095. 6
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:7
Sec. 1. RCW 28A.225.030 and 2021 c 119 s 7 are each amended to 8
read as follows: 9
(((1))) If a child under the age of ((seventeen)) 17 is required 10
to attend school under RCW 28A.225.010 and if the actions taken by a 11
school district under RCW 28A.225.020 are not successful in 12
substantially reducing an enrolled ((student's)) child's absences 13
from public school, after the child's seventh unexcused absence 14
within any month during the current school year and not later than 15
the 15th unexcused absence during the current school year the school 16
district shall ((file a petition and supporting affidavit for a civil 17
action with the juvenile court alleging a violation of RCW 18
28A.225.010: (a) By the parent; (b) by the child; or (c) by the 19
parent and the child. The petition must include a list of all 20
interventions that have been attempted as set forth in RCW 21
H-1878.2
HOUSE BILL 2044
State of Washington 69th Legislature 2025 Regular Session
By Representatives Ormsby, Parshley, Macri, and Gregerson
Read first time 03/24/25. Referred to Committee on Education.
p. 1 HB 2044
28A.225.020, include a copy of any previous truancy assessment 1
completed by the child's current school district, the history of 2
approved best practices intervention or research-based intervention 3
previously provided to the child by the child's current school 4
district, and a copy of the most recent truancy information document 5
provided to the parent, pursuant to RCW 28A.225.005. Except as 6
provided in this subsection, no additional documents need be filed 7
with the petition. Nothing in this subsection requires court 8
jurisdiction to terminate when a child turns seventeen or precludes a 9
school district from filing a petition for a child that is seventeen 10
years of age. 11
(((2) The district shall not later than the seventh unexcused 12
absence in a month:13
(a))):14
(1) Enter into an agreement with a ((student)) child and parent 15
that establishes school attendance requirements; 16
(((b))) or17
(2) Refer a ((student)) child to a community engagement board 18
((as defined in )) under RCW 28A.225.025. The community engagement 19
board shall enter into an agreement with the ((student)) child and 20
parent that establishes school attendance requirements and take other 21
appropriate actions to reduce the child's absences((; or22
(c) File a petition under subsection (1) of this section.23
(3) The petition may be filed by a school district employee who 24
is not an attorney.25
(4) If the school district fails to file a petition under this 26
section, the parent of a child with seven or more unexcused absences 27
in any month during the current school year or upon the 15th 28
unexcused absence during the current school year may file a petition 29
with the juvenile court alleging a violation of RCW 28A.225.010.30
(5) Petitions filed under this section may be served by certified 31
mail, return receipt requested. If such service is unsuccessful, or 32
the return receipt is not signed by the addressee, personal service 33
is required)). 34
Sec. 2. RCW 28A.225.015 and 2021 c 119 s 4 are each amended to 35
read as follows: 36
(1) If a parent enrolls a child who is six or seven years of age 37
in a public school, the child is required to attend and that parent 38
has the responsibility to ensure the child attends for the full time 39
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that school is in session. An exception shall be made to this 1
requirement for children whose parents formally remove them from 2
enrollment if the child is less than eight years old and a petition 3
has not been filed against the parent under subsection (3) of this 4
section. The requirement to attend school under this subsection does 5
not apply to a child enrolled in a public school part-time for the 6
purpose of receiving ancillary services. A child required to attend 7
school under this subsection may be temporarily excused upon the 8
request of his or her parent for purposes agreed upon by the school 9
district and parent. 10
(2) If a six or seven year old child is required to attend public 11
school under subsection (1) of this section and that child has 12
unexcused absences, the public school in which the child is enrolled 13
shall: 14
(a) Inform the child's custodial parent, parents, or guardian by 15
a notice in writing or by telephone whenever the child has failed to 16
attend school after one unexcused absence within any month during the 17
current school year; 18
(b) Request a conference or conferences with the custodial 19
parent, parents, or guardian and child at a time reasonably 20
convenient for all persons included for the purpose of analyzing the 21
causes of the child's absences after three unexcused absences within 22
any month during the current school year. If a regularly scheduled 23
parent-teacher conference day is to take place within ((thirty)) 30 24
days of the third unexcused absence, then the school district may 25
schedule this conference on that day; and 26
(c) Take steps to eliminate or reduce the child's absences. These 27
steps shall include, where appropriate, adjusting the child's school 28
program or school or course assignment, providing more individualized 29
or remedial instruction, offering assistance in enrolling the child 30
in available alternative schools or programs, or assisting the parent 31
or child to obtain supplementary services that may help eliminate or 32
ameliorate the cause or causes for the absence from school.33
(3) If a child is required to attend public school under 34
subsection (1) of this section, after the child's seventh unexcused 35
absence within any month during the current school year and not later 36
than the 15th unexcused absence during the current school year, the 37
school district shall ((file a petition for civil action as provided 38
in RCW 28A.225.035 against the parent of the child)) either:39
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(a) Enter into an agreement with a child and parent that 1
establishes school attendance requirements; or2
(b) Refer a child to a community engagement board under RCW 3
28A.225.025. The community engagement board shall enter into an 4
agreement with the child and parent that establishes school 5
attendance requirements and take other appropriate actions to reduce 6
the child's absences. 7
(4) This section does not require a six or seven year old child 8
to enroll in a public or private school or to receive home-based 9
instruction. This section only applies to six or seven year old 10
children whose parents enroll them full time in public school and do 11
not formally remove them from enrollment as provided in subsection 12
(1) of this section. 13
Sec. 3. RCW 28A.225.025 and 2021 c 119 s 10 are each amended to 14
read as follows: 15
(1)(a) For purposes of this chapter, "community engagement board" 16
means a board established pursuant to a memorandum of understanding 17
between a juvenile court and a school district and composed of 18
members of the local community in which the child attends school.19
(b) Community engagement boards must include members who receive 20
training regarding the identification of barriers to school 21
attendance, the use of the Washington assessment of the risks and 22
needs of students (WARNS) or other assessment tools to identify the 23
specific needs of individual children, cultural responsive 24
interactions, trauma-informed approaches to discipline, evidence-25
based treatments that have been found effective in supporting at-risk 26
youth and their families, and the specific services and treatment 27
available in the particular school, court, community, and elsewhere.28
(c) Duties of a community engagement board ((shall)) include, but 29
((not be )) are not limited to: Identifying barriers to school 30
attendance, recommending methods for improving attendance such as 31
connecting students and their families with community services, 32
culturally appropriate promising practices, and evidence-based 33
services such as functional family therapy, suggesting to the school 34
district that the child enroll in another school, an alternative 35
education program, an education center, a skill center, a dropout 36
prevention program, or another public or private educational program, 37
or recommending to the juvenile court that a juvenile be offered the 38
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opportunity for placement in a HOPE center or crisis residential 1
center, if appropriate. 2
(d) Community engagement boards and the juvenile courts shall 3
coordinate, to the extent possible, actions pertaining to students 4
who have been referred to the community engagement boards under RCW 5
28A.225.015(3) or 28A.225.030(2) with proceedings and actions 6
pertaining to children and youth who are the subject of at-risk youth 7
petitions under RCW 13.32A.191 or child in need of services petitions 8
under RCW 13.32A.140.9
(2) The legislature finds that utilization of community 10
engagement boards is the preferred means of intervention when 11
preliminary methods to eliminate or reduce unexcused absences as 12
required by RCW 28A.225.020 have not been effective in securing the 13
child's attendance at school. The legislature intends to encourage 14
and support the development and expansion of community engagement 15
boards. ((Operation of a school truancy board does not excuse a 16
district from the obligation of filing a petition within the 17
requirements of RCW 28A.225.015(3).))18
Sec. 4. RCW 28A.225.151 and 2021 c 119 s 8 are each amended to 19
read as follows: 20
(1) As required under subsection (2) of this section, the office 21
of superintendent of public instruction shall collect and school 22
districts shall submit student-level truancy data in order to allow a 23
better understanding of actions taken under RCW 28A.225.030. The 24
office shall prepare an annual report to the legislature by December 25
15th of each year. 26
(2) The reports under subsection (1) of this section shall 27
include, disaggregated by student group: 28
(a) The number of enrolled students and the number of unexcused 29
absences; 30
(b) The number of enrolled students with 15 or more unexcused 31
absences in a school year or seven or more unexcused absences in a 32
month during a school year; 33
(c) A description of any programs or schools developed to serve 34
students who have had seven or more unexcused absences in a month or 35
15 in a year including information about the number of students in 36
the program or school and the number of unexcused absences of 37
students during and after participation in the program. The school 38
district shall also describe any placements in an approved private 39
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nonsectarian school ((or program or certified program under a court 1
order under RCW 28A.225.090)); and2
(d) The number of ((petitions filed by a school district with the 3
juvenile court and, beginning in the 2018-19 school year, whether the 4
petition results in:5
(i) Referral)) students referred to a community engagement 6
board((;7
(ii) Other coordinated means of intervention;8
(iii) A hearing in the juvenile court; or9
(iv) Other less restrictive disposition (e.g., change of 10
placement, home school, alternative learning experience, residential 11
treatment); and12
(e) Each instance of imposition of detention for failure to 13
comply with a court order under RCW 28A.225.090, with a statement of 14
the reasons for each instance of detention)). 15
(3) A report required under this section ((shall)) may not 16
disclose the name or other identification of a child or parent.17
(4) The K-12 data governance group shall develop the data 18
protocols and guidance for school districts in the collection of data 19
to provide a clearer understanding of actions taken under RCW 20
28A.225.030. 21
Sec. 5. RCW 7.21.030 and 2019 c 312 s 6 are each amended to read 22
as follows: 23
(1) The court may initiate a proceeding to impose a remedial 24
sanction on its own motion or on the motion of a person aggrieved by 25
a contempt of court in the proceeding to which the contempt is 26
related. Except as provided in RCW 7.21.050, the court, after notice 27
and hearing, may impose a remedial sanction authorized by this 28
chapter. 29
(2) If the court finds that the person has failed or refused to 30
perform an act that is yet within the person's power to perform, the 31
court may find the person in contempt of court and impose one or more 32
of the following remedial sanctions: 33
(a) Imprisonment if the contempt of court is of a type defined in 34
RCW 7.21.010(1) (b) through (d). The imprisonment may extend only so 35
long as it serves a coercive purpose. 36
(b) A forfeiture not to exceed two thousand dollars for each day 37
the contempt of court continues. 38
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(c) An order designed to ensure compliance with a prior order of 1
the court. 2
(d) Any other remedial sanction other than the sanctions 3
specified in (a) through (c) of this subsection if the court 4
expressly finds that those sanctions would be ineffectual to 5
terminate a continuing contempt of court. 6
(e)(i) In at-risk youth petition cases only under chapter 13.32A 7
RCW and subject to the requirements under RCW 13.32A.250, commitment 8
to a secure residential program with intensive wraparound services.9
(ii) Beginning July 1, 2023, prior to committing any youth to a 10
secure residential program with intensive wraparound services as a 11
sanction for contempt in at-risk youth petition cases only under 12
chapter 13.32A RCW, or for failure to appear at a court hearing in 13
at-risk youth petition cases only under chapter 13.32A RCW, the court 14
must: 15
(A) Consider, on the record, the mitigating and aggravating 16
factors used to determine the appropriateness of detention for 17
enforcement of its order; 18
(B) Enter written findings affirming that it considered all less 19
restrictive options, that detention is the only appropriate 20
alternative, including its rationale and the clear, cogent, and 21
convincing evidence used to enforce the order; 22
(C) Afford the same due process considerations that it affords 23
all youth in criminal contempt proceedings; and 24
(D) Seek input from all relevant parties, including the youth.25
(iii) Nothing in this subsection (2)(e) or in RCW 13.32A.250((,)) 26
or 13.34.165((, or 28A.225.090)) shall be construed to limit the 27
court's inherent contempt power or curtail its exercise.28
(3) The court may, in addition to the remedial sanctions set 29
forth in subsection (2) of this section, order a person found in 30
contempt of court to pay a party for any losses suffered by the party 31
as a result of the contempt and any costs incurred in connection with 32
the contempt proceeding, including reasonable attorney's fees.33
(4) If the court finds that a person under the age of 34
((eighteen)) 18 years has willfully disobeyed the terms of an order 35
issued under chapter 10.14 RCW, the court may find the person in 36
contempt of court and may, as a sole sanction for such contempt, 37
commit the person to juvenile detention for a period of time not to 38
exceed seven days. 39
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Sec. 6. RCW 7.21.080 and 2019 c 312 s 2 are each amended to read 1
as follows: 2
(1) It is the policy of the state of Washington to eliminate the 3
use of juvenile detention as a remedy for contempt of a valid court 4
order for youth under chapters 13.34 and 28A.225 RCW and child in 5
need of services petition youth under chapter 13.32A RCW.6
(a) Beginning July 1, 2020, youth may not be committed to 7
juvenile detention as a contempt sanction under chapter 13.34 RCW, 8
and a warrant may not be issued for such youth for failure to appear 9
at a court hearing that requires commitment of such youth to juvenile 10
detention. 11
(b) Beginning July 1, 2020, youth may not be committed to 12
juvenile detention as a contempt sanction for child in need of 13
services proceedings under chapter 13.32A RCW, and a warrant may not 14
be issued for such youth for failure to appear at a court hearing 15
that requires commitment of such youth to juvenile detention.16
(((c) Beginning July 1, 2021, youth may not be committed to 17
juvenile detention as a contempt sanction for truancy proceedings 18
under chapter 28A.225 RCW, and a warrant may not be issued for such 19
youth for failure to appear at a court hearing that requires 20
commitment of such youth to juvenile detention.))21
(2)(a) It is also the policy of the state of Washington to 22
entirely phase out the use of juvenile detention as a remedy for 23
contempt of a valid court order for at-risk youth under chapter 24
13.32A RCW by July 1, 2023. After this date, at-risk youth may not be 25
committed to juvenile detention as a contempt sanction under chapter 26
13.32A RCW, and a warrant may not be issued for failure to appear at 27
a court hearing that requires commitment of the at-risk youth to 28
juvenile detention. 29
(b) Until July 1, 2023, any at-risk youth committed to juvenile 30
detention as a sanction for contempt under chapter 13.32A RCW, or for 31
failure to appear at a court hearing under chapter 13.32A RCW, must 32
be detained in such a manner so that no direct communication or 33
physical contact may be made between the youth and any youth who is 34
detained to juvenile detention pursuant to a violation of criminal 35
law, unless these separation requirements would result in a youth 36
being detained in solitary confinement. 37
(c) After July 1, 2023, at-risk youth may be committed to a 38
secure residential program with intensive wraparound services, 39
subject to the requirements under RCW 13.32A.250, as a remedial 40
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sanction for contempt under chapter 13.32A RCW or for failure to 1
appear at a court hearing under chapter 13.32A RCW.2
Sec. 7. RCW 36.18.020 and 2022 c 260 s 17 are each amended to 3
read as follows: 4
(1) Revenue collected under this section is subject to division 5
with the state under RCW 36.18.025 and with the county or regional 6
law library fund under RCW 27.24.070, except as provided in 7
subsection (5) of this section. 8
(2) Clerks of superior courts shall collect the following fees 9
for their official services: 10
(a) In addition to any other fee required by law, the party 11
filing the first or initial document in any civil action, including, 12
but not limited to an action for restitution, adoption, or change of 13
name, and any party filing a counterclaim, cross-claim, or third-14
party claim in any such civil action, shall pay, at the time the 15
document is filed, a fee of $200 except, in an unlawful detainer 16
action under chapter 59.18 or 59.20 RCW for which the plaintiff shall 17
pay a case initiating filing fee of $45 ((, or in proceedings filed 18
under RCW 28A.225.030 alleging a violation of the compulsory 19
attendance laws where the petitioner shall not pay a filing fee )). 20
The $45 filing fee under this subsection for an unlawful detainer 21
action shall not include an order to show cause or any other order or 22
judgment except a default order or default judgment in an unlawful 23
detainer action. 24
(b) Any party, except a defendant in a criminal case, filing the 25
first or initial document on an appeal from a court of limited 26
jurisdiction or any party on any civil appeal, shall pay, when the 27
document is filed, a fee of $200. 28
(c) For filing of a petition for judicial review as required 29
under RCW 34.05.514 a filing fee of $200. 30
(d) For filing of a petition for an antiharassment protection 31
order under RCW 7.105.100 a filing fee of $53. 32
(e) For filing the notice of debt due for the compensation of a 33
crime victim under RCW 7.68.120(2)(a) a fee of $200.34
(f) In probate proceedings, the party instituting such 35
proceedings, shall pay at the time of filing the first document 36
therein, a fee of $200. 37
(g) For filing any petition to contest a will admitted to probate 38
or a petition to admit a will which has been rejected, or a petition 39
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objecting to a written agreement or memorandum as provided in RCW 1
11.96A.220, there shall be paid a fee of $200. 2
(h) Upon conviction or plea of guilty, upon failure to prosecute 3
an appeal from a court of limited jurisdiction as provided by law, or 4
upon affirmance of a conviction by a court of limited jurisdiction, 5
an adult defendant in a criminal case shall be liable for a fee of 6
two hundred dollars, except this fee shall not be imposed on a 7
defendant who is indigent as defined in RCW 10.01.160(3). Upon motion 8
by the defendant, the court may waive or reduce any fee previously 9
imposed under this subsection if the court finds that the defendant 10
is indigent as defined in RCW 10.01.160(3). 11
(i) With the exception of demands for jury hereafter made and 12
garnishments hereafter issued, civil actions and probate proceedings 13
filed prior to midnight, July 1, 1972, shall be completed and 14
governed by the fee schedule in effect as of January 1, 1972. 15
However, no fee shall be assessed if an order of dismissal on the 16
clerk's record be filed as provided by rule of the supreme court.17
(3) No fee shall be collected when a petition for relinquishment 18
of parental rights is filed pursuant to RCW 26.33.080 or for forms 19
and instructional brochures provided under RCW 7.105.115.20
(4) No fee shall be collected when an abstract of judgment is 21
filed by the county clerk of another county for the purposes of 22
collection of legal financial obligations. 23
(5)(a) In addition to the fees required to be collected under 24
this section, clerks of the superior courts must collect surcharges 25
as provided in this subsection (5) of which 75 percent must be 26
remitted to the state treasurer for deposit in the judicial 27
stabilization trust account and 25 percent must be retained by the 28
county. 29
(b) On filing fees required to be collected under subsection 30
(2)(b) of this section, a surcharge of $30 must be collected.31
(c) On all filing fees required to be collected under this 32
section, except for fees required under subsection (2)(b), (d), and 33
(h) of this section, a surcharge of $40 must be collected.34
Sec. 8. RCW 4.08.050 and 2022 c 268 s 32 are each amended to 35
read as follows: 36
Except as provided under RCW ((28A.225.035 and)) 7.105.100, when 37
an infant is a party he or she shall appear by guardian, or if he or 38
she has no guardian, or in the opinion of the court the guardian is 39
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an improper person, the court shall appoint one to act. Said guardian 1
shall be appointed as follows: 2
(1) When the infant is plaintiff, upon the application of the 3
infant, if he or she be of the age of ((fourteen)) 14 years, or if 4
under that age, upon the application of a relative or friend of the 5
infant. 6
(2) When the infant is defendant, upon the application of the 7
infant, if he or she be of the age of ((fourteen)) 14 years, and 8
applies within ((thirty)) 30 days after the service of the summons; 9
if he or she be under the age of ((fourteen)) 14, or neglects to 10
apply, then upon the application of any other party to the action, or 11
of a relative or friend of the infant. 12
NEW SECTION. Sec. 9. The following acts or parts of acts are 13
each repealed:14
(1) RCW 2.56.140 (Disposition of school attendance violation 15
petitions— Report) and 1996 c 134 s 8; 16
(2) RCW 28A.225.0261 (Community engagement boards — Effect of 17
diversion from truancy petitions — Evaluation by Washington state 18
institute for public policy— Reports) and 2021 c 119 s 12 & 2016 c 205 19
s 17; 20
(3) RCW 28A.225.031 (Alcohol or controlled substances testing — 21
Authority to order) and 1997 c 68 s 3; 22
(4) RCW 28A.225.035 (Petition to juvenile court — Contents— Court 23
action— Referral to community engagement board or other coordinated 24
intervention— Transfer of jurisdiction upon relocation) and 2021 c 119 25
s 14, 2016 c 205 s 8, 2012 c 157 s 2, 2009 c 266 s 3, 2001 c 162 s 1, 26
1999 c 319 s 3, & 1997 c 68 s 1; 27
(5) RCW 28A.225.090 (Court orders — Penalties— Parents' defense) 28
and 2021 c 119 s 15, 2019 c 312 s 14, 2019 c 312 s 13, 2017 c 291 s 29
5, 2016 c 205 s 9, 2009 c 266 s 4, 2008 c 171 s 1, & 2002 c 175 s 29; 30
and 31
(6) RCW 28A.225.095 (Authority of court commissioners and family 32
law commissioners to hear cases under this chapter) and 1995 c 312 s 33
71. 34
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