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Investigation finds EPISD paused absence notification in 2022 [1]
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Date: 2024-12-10
The El Paso Independent School District in 2022 temporarily stopped sending parents a legally required notice when their children had unexcused absences that could have led to legal consequences, an administrative investigation later found.
The investigation stemmed from an October 2022 complaint filed by Mark Mendoza, then the director of student retention and truancy prevention, alleging that his supervisor, Glenn Nathan, then an assistant superintendent, verbally directed him in August 2022 to stop sending parents the Notice of Absence.
Several hundred students likely were affected by the directive not to send out the notices, which trigger what’s called a 45 Attendance Improvement Plan meant to get their attendance back on track and avoid potential court proceedings or disciplinary action, Mendoza told El Paso Matters.
Nathan declined El Paso Matters’ request for comment.
Mendoza said he wanted to come forward with his story after the district conducted an internal audit that found EPISD had potentially lost about $3.25 million in state funding during the 2023-24 school year over unexcused absences and poor attendance reporting. The audit was released in August of this year.
The directive is another example of the district’s issues with unexcused absences and poor attendance reporting, a concern as school funding is largely based on student enrollment and attendance.
Roughly 37% of EPISD students were considered chronically absent — meaning they missed school 10% of the year — during the 2021-22 school year, according to the latest data from the Texas Education Agency.
It was the highest chronic absenteeism rate for a public school in El Paso County that year.
According to the results of the investigation dated June 2023, Mendoza estimated that EPISD did not send the notices for about two months, but investigators could not verify this. It’s unclear exactly how many students should have been placed on attendance improvement plans during that time.
EPISD Chief Communications Officer Liza Rodriguez said the district has already addressed the investigation, which she called a confidential personnel matter.
“Investigations and other reports involving personnel matters are considered district property and routinely shared with only the subjects involved and may be deemed confidential in nature,” Rodriguez said in a statement. “The district remains committed to maintaining the integrity of the process regarding personnel issues while ensuring a transparent, effective process for addressing any concerns that arise.”
EPISD provided El Paso Matters with the investigation findings in response to a records request under the Texas Public Information Act.
The school board appointed Nathan as assistant superintendent of Student Services in May 2022 after being recommended by Superintendent Diana Sayavedra as part of her restructuring plan. Nathan resigned in 2023.
Mendoza, who resigned from the district in August 2023, told El Paso Matters he was concerned processes were not being followed.
“My last few years with EPISD there were some processes that were not put into place that should have been, that probably resulted in the drop in attendance, and there were audits that were done that corroborated that,” Mendoza said.
Rodriguez said the investigation into Mendoza’s allegations had no bearing on the district’s decision to conduct the recent internal audit on absences that discovered the loss in revenue.
“The district has prioritized improving attendance, recognizing it as the leading indicator of student success. We are pleased to report that attendance has improved, reflecting our ongoing commitment to creating welcoming environments and implementing effective processes and systems,” she said.
The attendance rate for the first six weeks of school rose slightly from just under 94% during the 2023-24 school year to 95% during the 2024-25 school year, according to the most recent attendance report presented to the school board in late September.
Notice language, timing questioned
According to the investigation into the notice of absences, obtained by El Paso Matters through an open records request, Nathan in August 2022 asked Mendoza to stop distributing the notices until he could set an appointment with the assistant district attorney to change the language on the notice. That came after a parent allegedly complained the language was “too harsh” and threatened litigation.
The language in the notice, which was drafted by the El Paso District Attorney’s Office, is used by all the school districts in the area under the El Paso County Truancy Prevention Plan, Mendoza said. The program poses possible fines and sanctions for parents who have several unexcused absences from school.
The notice tells parents that they could be subject to criminal charges if they do not ensure their child attends school every day and to schedule a conference with school administrators to address their child’s absence, according to the countywide prevention plan published in 2015.
“Failure to schedule a conference may result in filing a criminal charge in (Justice of the Peace) court and may serve as evidence of failure to require attendance,” a sample letter from the truancy prevention plan states.
If a court finds a parent has failed to make their child attend school, they can be charged with a misdemeanor and fined $100 for their first offense and up to $500 for their fifth or subsequent offense, according to the Texas Education Code.
While waiting for the appointment, Nathan in September 2022 told a group of campus administrators to “send out their own notices, which created confusion among campus personnel in attendance,” according to the investigation.
As a result, there were parents who were never notified of their child’s absence and students with excessive absences who never got placed on an improvement plan, Mendoza said.
These plans ask students to sign a contract saying they will attend school and can include referrals to credit recovery programs, counseling, mentoring, and community-based services aimed at addressing the student’s truancy, according to the Texas Education Code.
“When that notice doesn’t go out, it breaks the key chain of communication between the school and the parent,” Mendoza said. “As a parent, I would be incensed if the district didn’t notify me, let’s say, if my child decided to ditch.”
“Although Notice of Attendance forms may not have been sent, campus administration and staff continued to engage directly with families. District and campus staff work closely with parents to keep them informed to ensure student success,” Rodriguez said in the statement.
Nathan also reportedly considered delaying when notices were sent out, according to the investigation.
Texas law requires schools to send parents the notice once a student reaches three unexcused absences in a four-week period or 10 unexcused absences in a six-month period.
Also in September 2022, Mendoza requested to meet with Nathan. During the private meeting, Nathan reportedly told Mendoza that the district’s truancy prevention program, known as the Alpha Initiative, was “broken” and “letting down ‘its most needy children,’” according to the audit documents.
Allegations of harassment, discrimination
In his complaint, Mendoza also alleged Nathan harassed him and discriminated against him based on his age and tenure with the district, and had retaliated against him for questioning his directive.
The investigation found there was not enough evidence to substantiate these allegations.
Outside the complaint, Mendoza raised questions about Nathan’s qualifications to oversee attendance in a large school district with over 48,000 students.
Nathan previously served as the superintendent of the Sierra Blanca Independent School District, which has less than 100 students.
“If the district had named individuals that had appropriate experience, knowing what an attendance program in the large school district looks like, this wouldn’t have happened,” Mendoza said. “This gentleman had no idea how to do that but wanted to just change everything without understanding how processes work.”
“El Paso ISD follows a rigorous and transparent hiring process for all positions. Candidates are required to meet the necessary qualifications for the role and go through a thorough review,” Rodriguez said.
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[1] Url:
http://elpasomatters.org/2024/12/10/episd-attendance-investigation-student-absence/
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