Union County Commissioners officially pass county truancy ordinance “2024-01.”

UNION COUNTY – During a regular commission meeting on October 16, 2024, The Union County Board of Commissioners officially approved the second reading of Ordinance 2024-01, “In the matter of an ordinance implementing measures to reduce incidents of truancy from Union County public schools and declaring an emergency.” The ordinance will officially go into effect 30 days following this approval. 

Ordinance 2024-01 was drafted in collaboration between the Union County commissioners, Union County District Attorney’ Kelsie McDaniel, Union County Sheriff Cody Bowen, and the superintendents of all Union County school districts, with approval/consent for the ordinance’s creation given by Union County’s various city councils. The ordinance is meant to give law enforcement and school officials additional authority and options in handling cases of chronically absent students, such as issuing citations and working directly with families to find solutions. Specifically prohibited conduct under the measure, as described in section 4, is defined as:

“(1) Except as otherwise provided herein, Students are required to attend School regularly. It is unlawful for a Student to be Chronically Absent from School as described in this ordinance.

(2) Every Responsible Adult having the custody or care of a Student shall make every reasonable effort to assist the Student to comply with this ordinance, and shall send the Student to School and maintain the Student in School so that the Student is not Chronically Absent.

(3) This ordinance does not limit or supersede any provisions of Oregon law, which exempts certain children from compulsory school attendance (ORS 339.030); neither does this ordinance limit the duties, powers and responsibilities of public school Officials.”

During the meeting in which the ordinance was approved, District Attorney Kelsie McDaniel emphasized to commissioners that the ordinance is intended to grant law enforcement and school districts flexibility in handling absent students, and working with their families, rather than focusing strictly on punishment. Further, the measure is not intended to persecute or target chronically ill students. In addition, section 1 subsection 3 of the measure specifically states:

“This ordinance does not apply to Students attending private Schools located

within Union County.”

Section 5, subsection 2 of the measure details that, prior to a citation being issued for absentee students, written notification will be provided to the student and a parent or guardian outlining the following:

  1. “The Student is required to attend School, and the Student is deemed Chronically Absent in violation of board policy, this ordinance, Oregon Administrative Rule, and ORS 339.010 & 339.065.
  2. The failure of a Responsible Adult to send the Student to School and maintain the Student in School so that the Student does not miss 10 percent or more of School days is a violation of this ordinance.
  3. The Student and Responsible Adult must attend a conference with a designated School Official on a specified date and time where expectations for the Student’s regular attendance at School will be outlined.
  4. The Student and Responsible Adult have the right to request an evaluation if the Student is not on an individualized education program (IEP). If the Student is on an IEP, the right to request a review of the IEP.
  5. The Student and Responsible Adult may be cited to Union County Circuit Court for Chronic Absenteeism under this Ordinance.”

In the event the student in question remains chronically absent following written notice, a citation may be issued. When a citation is issued, the case falls under the jurisdiction of the Union County Circuit Court to set a court date for the student and parent/guardian and, if eventually deemed necessary, issue penalties. 

The full measure is attached below: