Reducing chronic school absences for tribal students
By: Alexis M. DeLaCruz, J.D., Education Attorney, TOCLA
[Note: This general information is not intended to be legal advice, and should not be relied on as legal advice in any particular student situation.]
“Education prepares Native children not only for active and equal participation in the global market, but also to be positive, involved members of their communities – there is no more vital resource to the continued existence and integrity of tribes than Native children.”
National Congress of American Indians, statement on the importance of education.
Across the United States, nearly half of American Indian/ Alaska Native students were chronically absent during the 2021-2022 school year. The term “chronically absent” means a student has missed at least 10 percent of scheduled school days (about 18 days a school year) for any reason including excused absences, unauthorized absences, or school discipline. School attendance issues also impact the Tulalip community and other Washington Tribes. For example, in the same 2021-2022 school year, nearly one-quarter of all Washington tribal students had unexcused absences from school. School attendance is a complex and evolving issue. Experts, educators, lawyers, and mental health providers often include truancy, chronic absenteeism, and school refusal (students who might refuse to go to school because of an emotional or physical disability) under the “school attendance” umbrella. Truancy is when a student misses school without a valid excuse. Truant students are at greater risk of becoming involved in the juvenile justice system, commonly called the school-to-prison pipeline. In this article, I will share general information about why school attendance is important for tribal students, the laws that can help support students getting to and staying in school, and offer considerations for how we, as a community, can all work together to understand and address the potential challenges and unique barriers some Tulalip students may face in attending and thriving in school to increase opportunities for tribal student academic progress.
Why it is important for students to get to school and stay all day
Missing even a day of school can impact a student’s education. When multiple missed days of school add up, it can be very difficult for students to catch up on missed school work. For students with disabilities who may have Section 504 Plans or Individual Education Plans (IEPs) in place to provide them critical special education and other services, missing school can have serious impact on that student’s ability to make academic progress resulting in poorer educational outcomes. But beyond learning their ABCs and 123s, children and youth get so much from daily school attendance like meals, socialization with peers, accessing culturally appropriate curriculum and language, mental health and wellness supports, and access to trusted, caring adults, for example.
As with any complex school issue, there are many reasons (or barriers) a particular student, family, or community may struggle with getting students to school and staying there. Finding effective solutions and interventions that might support student attendance depends on understanding the underlying causes for students missing school. Some examples of why students might miss school include chronic or acute illness, academic or behavioral struggles, family responsibilities, traumatic experiences, unwelcoming school climate, lack of academic and behavioral support, misunderstanding the impact of school discipline on missing school, housing and food insecurity, or lack of reliable transportation, for example.
Laws that can support students and families with school attendance
Tribal, state, and federal laws give students, and their families, many different rights at school. One of those rights is the right to attend school and be provided a basic education. The Tulalip Tribal Code requires all enrolled children ages 6 to 18 to attend school. Washington state law requires children ages 8-18 to attend school. Washington’s truancy law, the Becca Bill, allows for additional student supports at school for those with unexcused absences. The Becca Bill says parents must send their children to school, full-time, every day unless there is a valid reason for the student to miss school. School districts also have responsibilities to students and families when students miss school. The purpose of the law is not to punish students or families for past absences, but to provide a safety net to keep students safe and to prevent them from dropping out of school.
Under the Becca Bill, schools must notify a student’s parent or guardian after even one unexcused absence so the family knows the student missed school. After 3 unexcused absences the school must schedule a conference with the student and parent to identify potential barriers to attending school and try different strategies to improve attendance. After 5 unexcused absences in the same month, the school may enter into an agreement with the student to improve the student’s attendance, refer the family to a Community Engagement Board (a community support panel) or file a truancy petition in state juvenile court. Finally, after 7 unexcused absences in a month (or 15 total unexcused absences or more in one year), a truancy petition must be filed with the juvenile court. If a student is suspected of having a disability, then the student should be referred to the school’s special education identification process to determine whether the student may have additional learning needs. If schools do not comply with the Becca Bill, a student or their family can also file a truancy petition against the school to try and get the help the student or family needs to support the student getting to school.
Federal and state special education and civil rights laws might also protect a student and provide pathways to address a particular student’s attendance needs at school. Under the many laws that protects students and their families, especially laws that require schools to meet with families about attendance, there are many options a student, family, advocate, service provider or school can consider in supporting the individual and unique needs of tribal students the Tulalip community. For example, a school can offer transportation to a family if a student misses the bus and can’t get to school, or the school may give the student an alarm clock if waking up early (and staying awake) is the problem. There are many, many prevention strategies that are already happening in the Tulalip community and within the local school districts that serve our tribal students.
School connectedness: Supporting tribal students and families
There are many, many supports and considerations a community can use to support its students and their families in not only getting students to school every day, but helping students feel safe at school so they want to stay there all day. Research tells us that school connectedness is one of the single greatest factors that can increase daily student attendance. School connectedness is the idea that children and youth have the “sense of being cared for, supported and belonging, which is fostered by a caring and supportive educational environment,” according to the Centers for Disease Control. Put simply, it’s the belief that students feel like the adults, and their classmates, care about their learning and them as people. The idea is that when students – of any age, at any school – feel wanted and safe at school, then they may have less disruptive behaviors at school, and can trust the adults, and their peers, to learn in a safe environment. When students feel safe and connected to their school, they have a lower prevalence of engaging in risky behaviors like leaving school or refusing to do school work.
For tribal students, it is important for schools and other community-based organizations or service providers to understand that tribal communities may have historically negative relationships with the local or state educational system because of the impact of the boarding school era and mistreatment from public school systems.
In sum, while improving school attendance is a complex, evolving issue in many tribal communities, research shows us that community-focused prevention programs – that involve students, families, schools, care givers, and service providers – can and do result in students going to school, staying in school, and improving their educational outcomes.
As with any education matter affecting a Tulalip tribal student, or their family, it is best to contact an advocate, attorney, or TOCLA to get more information about your specific situation and to understand the laws that protect tribal children. If you have specific questions about legal rights, please contact TOCLA for more information.
It’s always the right time to learn more about the various laws that protect students and their families and learning about the resources available to address concerns when they may arise. If you aren’t sure where to start or have questions now, we at TOCLA are close by and can help. TOCLA’s Team can help a family make sense of their student’s rights and identify advocacy strategies to address concerns. For more information about students’ school rights or to get help with an individual concern, call TOCLA at 360-716-4512 or send us an email to: TOCLA_Intake@tulaliptribes-nsn.gov.



































