CalWORKs Handbook :. 42-1.1
School Attendance Requirements
Effective Date: Immediately
Published Date: January 20, 2016
Published By: E114/E111
The purpose of this handbook revision is to inform Eligibility Services Technician (EST) of changes to the CalWORKs School Attendance Requirements as a result of the implementation of Assembly Bill (AB) 2382.
- EST no longer needs to require applicants and recipients to provide verification of school attendance at application and annual redetermination.
- EST is no longer required to ask about school attendance at application or annual redetermination with the exception of pregnant or parenting teens for the purposes of CalLearn.
- A child is presumed to be attending school unless he or she has been deemed chronically truant pursuant to Education Code Section 48263.6.
- CalWORKs Assistance Units (AUs) will NOT have their grant reduced when the County learns that a child UNDER 16 year of age is not regularly attending school.
- A penalty may apply when a child age 16 years of age or older has not been attending school and is deemed chronically truant.
I. School Attendance Requirements
- EST no longer needs to ask about their children's school attendance or require applicants and recipients to provide verification of school attendance at application and annual redetermination.
- Correspondence Form 40-129, "School Attendance Verification" is no longer being sent to recipients twice a year.
- EST should inform applicants and recipients of California's compulsory education law, which requires everyone between the ages of six and 18 years of age to attend school. Children who are 16 or 17 years old, who have graduated from high school or passed the California High School Proficiency Exam and obtained parental permission to leave, are exempt from this rule.
- A child is presumed to be attending school unless notification has been received that he or she has been deemed chronically truant.
II. Children Age 16-18
- If EST receives verification that a child age 16 years of age or older has not been attending school and the school has deemed them chronically truant, a school attendance penalty may be applied and the needs of the child shall not be considered in computing the grant of the family.
- The penalty will apply unless at least one of the following exceptions exists:
- Evidence is provided that the child's attendance records are not available;
- Evidence is provided that the child has been attending school;
- Good cause for school nonparticipation exists at any time during the month.
Examples of good cause include, but are not limited to, the following:
- A doctor has verified in writing that the child was too ill to attend school.
- The school has removed the child, pending a decision regarding what actions will be taken.
- The child has already graduated from high school.
- Any member of the household is eligible to participate in the Family Stabilization program for any reason, including other siblings and parents;
- Any time the EST learns that a child in a CalWORKs AU is chronically truant; the family may be referred to the Family Stabilization program for evaluation.
- Evidence is provided that the child, parent, or caregiver is complying with requirements imposed by a School Attendance Review Board, the County Probation Department, or the District Attorney; or a plan developed by a county child welfare agency such as Juvenile Probation, Child Protective Services or Foster Care, etc.
- If no good cause exists, the failure of a child in the AU to regularly attend school results in a reduction in the grant by an amount equal to the child's needs (school attendance penalty).
- Restoration of Aid: The needs of the child shall be restored effective the first of the month following the month that EST receives verification that the school attendance issue is resolved with the School District.
All County Letter 15-22
Education Code Section 48263.6
California Education Code (EC) Section 48320 (Compulsory Education Law)