E101 From Absences to Action: Attendance, Truancy, and Special Education Obligations

2025-12-26

Download

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...

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