II 

111TH CONGRESS 

1ST SESSION S. 1708 

To establish a grant program to prevent truancy, and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

SEPTEMBER 24, 2009 

Ms. KLOBUCHAR (for herself and Mrs. HAGAN) introduced the following bill; 

which was read twice and referred to the Committee on Health, Education, Labor, and Pensions 

A BILL 

To establish a grant program to prevent truancy, and for 

other purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Student Attendance 

5 Success Act of 2009’’. 

6 SEC. 2. DEFINITIONS. 

7 In this Act: 

8 (1) LOCAL EDUCATIONAL AGENCY.—The term 

9 ‘‘local educational agency’’ has the meaning given 


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1 the term in section 9101 of the Elementary and Sec2 ondary Education Act of 1965 (20 U.S.C. 7801). 

3 (2) SECRETARY.—The term ‘‘Secretary’’ means 

4 the Secretary of Education. 

5 (3) STATE EDUCATIONAL AGENCY.—The term 

6 ‘‘State educational agency’’ has the meaning given 

7 the term in section 9101 of the Elementary and Sec8 ondary Education Act of 1965 (20 U.S.C. 7801). 

9 (4) TRUANCY.—The term ‘‘truancy’’ has the 

10 meaning given the term in section 4112(c)(3)(E) of 

11 the Elementary and Secondary Education Act of 

12 1965 (20 U.S.C. 7112(c)(3)(E)). 

13 SEC. 3. TRUANCY PREVENTION DISCRETIONARY GRANT 

14 PROGRAM. 

15 (a) GRANTS AUTHORIZED.— 

16 (1) IN GENERAL.—The Secretary is authorized 

17 to award grants to State educational agencies to en18 able the State educational agencies to award sub19 grants to local educational agencies within the State 

20 to enable the local educational agencies to create 

21 programmatic initiatives aimed at keeping students 

22 in school, in order to improve academic achievement. 

23 (2) DURATION.— 


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1 (A) IN GENERAL.—A State educational 

2 agency shall award subgrants under this section 

3 for a period of 3 years. 

4 (B) RENEWAL.—A State educational agen5 cy may award a subgrant to a local educational 

6 agency under this section for an additional 3 

7 year period if the report submitted by the local 

8 educational agency under subsection (d) for the 

9 preceding 3-year subgrant period demonstrates 

10 documented improvement in keeping students in 

11 school. 

12 (3) AWARD BASIS.—A State educational agency 

13 shall award subgrants under this section on a com14 petitive basis, taking into consideration the needs of 

15 local educational agencies serving schools with a his16 tory of high levels of truancy among students in 

17 grades 5 through 9. 

18 (b) APPLICATION.— 

19 (1) STATE APPLICATION.—Each State edu20 cational agency desiring a grant under this section 

21 shall submit an application to the Secretary at such 

22 time, in such manner, and accompanied by such in23 formation as the Secretary may reasonably require. 

24 (2) LOCAL APPLICATION.—Each local edu25 cational agency desiring a subgrant under this secVerDate Nov 24 2008 05:19 Sep 25, 2009 Jkt 079200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\S1708.IS S1708

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1 tion shall submit an application to the State edu2 cational agency at such time, in such manner, and 

3 accompanied by such information as the State edu4 cational agency may reasonably require. 

5 (3) LOCAL APPLICATION CONTENTS.—Each ap6 plication submitted under paragraph (2) shall— 

7 (A) demonstrate a documented history of 

8 significant truancy in grades 5 through 9 in the 

9 schools served by the local educational agency; 

10 (B) describe the activities for which assist11 ance under this section is sought; and 

12 (C) provide such additional assurances and 

13 information as the State educational agency de14 termines to be essential to ensure compliance 

15 with the requirements of this section, including 

16 strategies that the local educational agency will 

17 use to address issues such as a supportive 

18 school climate and the extent to which students 

19 feel connected to the school and attached to not 

20 less than 1 caring adult at the school. 

21 (c) USE OF FUNDS.—A local educational agency re22 ceiving a subgrant under this section shall, to the extent 

23 practicable, use the subgrant funds to partner with a com24 munity-based organization to create programmatic initia25 tives aimed at keeping students in school. 


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1 (d) REPORTING REQUIREMENT.—Each local edu2 cational agency receiving subgrant funds under this sec3 tion shall submit a report to the State educational agency 

4 on the local educational agency’s performance of the ac5 tivities described in subsection (c). 

6 (e) AUTHORIZATION OF APPROPRIATIONS.—There 

7 are authorized to be appropriated to carry out this section 

8 such sums as may be necessary for fiscal year 2010 and 

9 each of the 5 succeeding fiscal years. 

10 SEC. 4. NATIONAL RESOURCE CENTER FOR POSITIVE 

11 YOUTH DEVELOPMENT AND SCHOOL SUC12 CESS. 

13 (a) CENTER.—From amounts appropriated under 

14 subsection (d), the Secretary shall award a grant to an 

15 eligible nonprofit organization to provide for the establish16 ment and operation of a National Resource Center on 

17 Positive Youth Development and School Success (referred 

18 to in this section as the ‘‘Center’’). 

19 (b) ELIGIBLE ORGANIZATION.—In order to be eligi20 ble to receive a grant under this section, an organization 

21 shall have a history of, and expertise in, carrying out the 

22 functions described in subsection (c). 

23 (c) FUNCTIONS.—The Center established under sub24 section (a) shall— 


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1 (1) provide evidence-based resources, publica2 tions, and training to State educational agencies and 

3 local educational agencies on the positive relation4 ships, opportunities, and skills that students need to 

5 succeed in school and avoid risky behavior, such as 

6 truancy; 

7 (2) provide a free information service, using 

8 print, electronic media, and the Internet, for schools, 

9 principals, school officers, parent-teacher associa10 tions, and community groups, relating to incor11 porating developmental assets, supports and 

12 strengths into existing school curriculum, programs, 

13 and services; and 

14 (3) conduct and publish research on the rela15 tionship between a whole child approach to youth de16 velopment and school success, including academic 

17 achievement and retention of the teaching force. 

18 (d) AUTHORIZATION OF APPROPRIATIONS.—There 

19 are authorized to be appropriated to carry out this section 

20 such sums as may be necessary for fiscal year 2010 and 

21 each of the 5 succeeding fiscal years. 

22 SEC. 5. NATIONAL DEFINITION OF TRUANCY. 

23 Section 4112(c)(3) of the Elementary and Secondary 

24 Education Act of 1965 (20 U.S.C. 7112(c)(3)) is amend25 ed— 


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1 (1) by redesignating subparagraph (E) as sub2 paragraph (F); and 

3 (2) by inserting after subparagraph (D) the fol4 lowing: 

5 ‘‘(E) TRUANCY RATE DATA COLLECTION.— 

6 ‘‘(i) IN GENERAL.—For the purposes 

7 of collecting the information described in 

8 subparagraph (B)(i), the term ‘truancy’ 

9 means each absence of a student who is re10 quired by State law to attend elementary 

11 school or secondary school from such 

12 school for the time period described in 

13 clause (ii) without an excuse described in 

14 clause (iii). 

15 ‘‘(ii) TIME PERIOD.—The time period 

16 referred to in clause (i) is— 

17 ‘‘(I) 3 consecutive school days in 

18 the case of a child enrolled in elemen19 tary school; and 

20 ‘‘(II) 3 or more class periods on 

21 each of 3 consecutive school days in 

22 the case of a child enrolled in middle 

23 or secondary school. 

24 ‘‘(iii) EXCUSED ABSENCES.—An ex25 cuse referred to in clause (i) is— 


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1 ‘‘(I) an excuse by a parent of the 

2 student that is approved by the school 

3 administrator in charge; or 

4 ‘‘(II) permission from a teacher 

5 or administrator in charge. 

6 ‘‘(iv) LIMITATIONS.—An absence de7 scribed in clause (i) shall not be considered 

8 truancy— 

9 ‘‘(I) unless the absence was re10 viewed by a school official and deter11 mined to be unexcused; or 

12 ‘‘(II) if the absence is caused by 

13 a school decision to remove a student 

14 from the school and deny the student 

15 attendance for any length of time.’’. 

Æ 


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