BILL ANALYSIS                                                                                                                                                                                                    



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          Date of Hearing:   June 30, 2010

                           ASSEMBLY COMMITTEE ON EDUCATION
                                Julia Brownley, Chair
                     SB 1317 (Leno) - As Amended:  June 16, 2010

          [This bill has been double referred to the Assembly Public  
          Safety Committee and was heard as it relates to the issues under  
          its jurisdiction.]
          
           SENATE VOTE  :   21-9
           
          SUBJECT  :   Truancy

           SUMMARY  :   Enacts a new misdemeanor with specified penalties for  
          parents of a child in Kindergarten through grade eight who is  
          deemed to be a chronic truant, as specified; also authorizes  
          courts to establish a deferred entry of judgment (DEJ) program  
          to handle cases involving parents or guardians of elementary  
          school pupils who are chronically truant.  Specifically,  this  
          bill  :   

          1)Defines a "chronic truant" to be a pupil who is subject to  
            compulsory full-time education or to compulsory continuation  
            education who is absent form school without valid excuse for  
            10% or more of the schooldays in one school year, from the  
            date of enrollment to the current date.

          2)Provides that a parent or guardian of a pupil of six years of  
            age or older and in Kindergarten or any of Grades 1 through 8,  
            whose child is a chronic truant, and who has failed to  
            reasonably supervise and encourage the pupil's school  
            attendance, is guilty of a misdemeanor punishable by a fine  
            not exceeding $2,000, or by imprisonment in the county jail  
            not exceeding one year, or by both that fine and imprisonment.  
             

          3)Authorizes a parent or guardian guilty of the misdemeanor  
            specified in 2) above to participate in a deferred entry of  
            judgment (DEJ) program.

          4)Authorizes a superior court to establish a DEJ program that  
            includes the following components, in order to adjudicate  
            cases involving parents or guardians of elementary school  
            chronic truants.








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             a)   A dedicated court calendar.

             b)   Leadership by a judge of the superior court in that  
               county.

             c)   Service referrals for parents or guardians, including,  
               but not necessarily limited to, all of the following:

               i)     Case management.
               ii)    Mental and physical health services.
               iii)   Parenting classes and support.
               iv)    Substance abuse treatment.
               v)     Child care and housing.

             d)   A clear statement that: 

               i)     In lieu of trial, the court may grant a DEJ if the  
                 defendant pleads guilty to each charge and waives time  
                 for the pronouncement of judgment.
               ii)    Upon the defendant's compliance with the terms and  
                 conditions set forth by the court and agreed to by the  
                 defendant, and upon the motion of the prosecuting  
                 attorney, the court will dismiss the charge or charges  
                 against the defendant.
               iii)   Failure to comply with any condition under the  
                 program may result in the prosecuting attorney or the  
                 court making a motion for entry of judgment, whereupon  
                 the court will render a finding of guilty to the charge  
                 or charges pled, enter judgment, and schedule a  
                 sentencing hearing as otherwise provided in this code.

             e)   An explanation of criminal record retention and  
               disposition resulting from participation in the DEJ  
               program, and the defendant's rights relative to answering  
               questions about his or her arrest and the DEJ following  
               successful completion of the program.

          5)Requires that funding for the DEJ program be derived solely  
            from non-state sources.

          6)Prohibits a prosecutor from charging a parent or guardian of  
            an elementary school pupil who is a chronic truant, with both  
            the misdemeanor specified in 2) above and contributing to the  
            delinquency of a minor because of a truant child. 








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           EXISTING LAW  :


          1)Requires that each person between the ages of 6 and 18 years,  
            not otherwise exempted, be subject to compulsory full-time  
            education and attend the public full-time day school or  
            continuation school or classes in which their parent or  
            guardian resides, and that each parent, guardian or other  
            person having control or charge of the pupil ensure that  
            pupils enrollment and attendance.



          2)Defines a truant as any pupil subject to compulsory full-time  
            education or to compulsory continuation education who is  
            absent from school without a valid excuse three full days in  
            one school year or tardy or absent for more than any 30-minute  
            period during the schoolday without a valid excuse on three  
            occasions in one school year, or any combination thereof.


          3)Requires a school district, upon a pupil's initial  
            classification as a truant, to notify the pupil's parent or  
            guardian that:

             a)   The pupil is:
               i)     Truant.
               ii)    May be subject to prosecution
               iii)   May be subject to suspension, restriction, or delay  
                 of the pupil's driving privilege
                 
             b)   The parent or guardian:
               i)     Is obligated to compel the attendance of the pupil  
                 at school.
               ii)    May be guilty of an infraction and subject to  
                 prosecution, if they fail to meet this obligation.
               iii)   Has the right to meet with appropriate school  
                 personnel to discuss solutions to the pupil's truancy

             c)   Alternative educational programs are available in the  
               district.

             d)   It is recommended that the parent or guardian accompany  
               the pupil to school and attend classes with the pupil for  








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               one day.

          4)Defines a "habitual truant" as any pupil who has been reported  
            as a truant three or more times per school year (absent or  
            tardy at least five days), where an appropriate district  
            officer or employee had made a conscientious effort to hold at  
            least one conference with a parent and the pupil, after the  
            filing of either a truancy report to the attendance supervisor  
            or district superintendent.

          5)Places any minor who has four or more truancies within one  
            school year under the jurisdiction of the juvenile court and  
            may be judged a ward of the court.  

          6)Authorizes school district officials, a peace officer or a  
            probation officer to arrest or assume temporary custody of any  
            minor found away from his or her home and who is absent from  
            school without a valid excuse.

          7)Establishes a School Attendance Review Board (SARB) at the  
            local and county level to create a safety net for students  
            with persistent attendance or behavior problems, keep students  
            in school, provide students with a meaningful educational  
            experience, and refer students and their parents or guardians  
            to court when necessary.

          8)Authorizes a habitually truant pupil to be referred to a SARB  
            or to the probation department for services and authorizes a  
            SARB or probation officer to direct the pupil or pupil's  
            parents to make use of those services, if it is determined  
            that available community services can resolve the problem.

          9)Authorizes a SARB to notify the district attorney or probation  
            officer, if it is determined that services cannot solve the  
            problem, or if the pupil and/or parent have failed to respond  
            to directives.

          10)   Establishes a truancy mediation program, and authorizes  
            the district attorney or probation officer to request that the  
            parents and truant pupil attend a meeting to discuss the  
            possible legal consequences of the child's truancy.

          11)   Allows schools to require any minor who is reported as a  
            truant to attend makeup classes during the weekend and  
            provides that truants are subject to the following:








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             a)   A written warning by a peace officer the first time a  
               truancy report is required.

             b)   Assignment to an after school or weekend study program  
               upon the second truancy report.

             c)   Classification as a habitual truant and referral to a  
               SARB or a truancy mediation program upon the third truancy  
               report.

             d)   Placement within the jurisdiction of the juvenile court,  
               which may adjudge the pupil to be a ward of the court upon  
               the fourth truancy report.

          12)Specifies that any parent, guardian, or other person having  
            control or charge of any pupil who fails to meet compulsory  
            education requirements is guilty of an infraction, and:

             a)   Authorizes penalties for this infraction as follows: 
               i)     A fine of not more than $100 upon a first  
                 conviction.
               ii)    A fine of not more than $250 upon a second  
                 conviction.
               iii)   A fine of not more than $500 upon a third or  
                 subsequent conviction, if the person has willfully  
                 refused to comply; also authorizes the court to order the  
                 person to be placed in a parent education and counseling  
                 program.

             b)   Authorizes a judgment against a defendant who fails to  
               pay the fine on the date that it is due or fails to attend  
               a program on a prescribed date, requires the defendant to  
               appear in court on that date, and authorizes punishment of  
               willful violations as contempt.

             c)   Authorizes the court to order the defendant, upon the  
               first conviction, to immediately enroll or reenroll the  
               pupil in the appropriate school or educational program and  
               provide proof of enrollment to the court.

          13)Requires a parent or legal guardian of any person under the  
            age of 18 years to exercise reasonable care, supervision,  
            protection, and control over their minor child, and specifies  
            that any person who commits any act or omits the performance  








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            of any duty, such that any person under the age of 18 years to  
            do or to perform any act that would cause that child to become  
            or to remain within the jurisdiction of the court, is guilty  
            of contributing to the delinquency of a minor, a misdemeanor,  
            punishable by a fine not exceeding $2,500, or by imprisonment  
            in the county jail for not more than one year, or by both.

          14)Creates a diversion program for parents or guardians who are  
            being prosecuted for contributing to the delinquency of a  
            minor.

           FISCAL EFFECT  :   According to the Senate Appropriations  
          Committee, this bill will create:

          1)"Possibly significant, non-reimbursable local costs" as a  
            result of the new misdemeanor, since the "costs of prosecution  
            and county jail incarceration are incurred by local  
            jurisdictions, and not reimbursed by the state."

          2)"Potentially significant costs" in private, local or federal  
            funds, if an optional DEJ is established; since the "bill  
            specifies that any optional DEJ program provided for in this  
            bill will be funded only by non-state funds; this bill  
            presents no cost pressure to state funds."

          3)"Potentially significant incarceration savings" in the costs  
            of incarceration, if an optional DEJ is established.

          4)"Possibly significant increased revenue [in the form of  
            ADA-based apportionments] to schools, "to the extent that this  
            new law and/or program results in more children attending  
            school."

           COMMENTS  :   Research clearly links, in the aggregate though not  
          necessarily in every individual pupil, both attendance and  
          achievement, and lack of attendance and the probability of  
          dropping out of school.  So any policy change that leads to more  
          information about pupil attendance being made available to  
          parents or that addresses any challenges that a family faces  
          with respect to pupil attendance is good policy in terms of  
          leading to increases in pupil attendance and achievement, and  
          decreases in the number of drop outs.  It is not completely  
          clear, however, whether this bill is necessary in order to  
          generate those benefits, since much of what this bill provides  
          for can be accomplished or is required under current law.








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          According to the author, "Ensuring our children get a good  
          elementary school education is perhaps one of the most important  
          contributions we can make to their future success, health, and  
          security. During elementary school, children learn the building  
          blocks for everything that follows. They build crucial academic  
          and life skills including reading, writing, math, science,  
          socialization, and cooperative skills."  The author goes on to  
          say that "neither the Education Code nor the Penal Code  
          effectively addresses the most serious problem that needs the  
          most immediate attention: chronic elementary school truancy."

          This bill creates a new misdemeanor and specifies that a parent  
          of guardian of any student in grades K through 8 who is truant  
          for 10% or more of the schooldays in one school year (chronic  
          truant) is guilty of that crime and may be punished by a fine up  
          to $2,000, or by imprisonment in the county jail for up to one  
          year, or by both.  The bill also authorizes the court to divert  
          defendants, who agree to specified conditions, into a DEJ  
          program, where the defendant enters a plea of guilty that is  
          held in abeyance pending their participation in the DEJ.  The  
          DEJ would require the defendant's participation in support,  
          services and treatment that may address, depending on the  
          circumstances of the defendant, some of the challenges that  
          create or exacerbate the truancy issues that led to the  
          prosecution.  For a defendant diverted to a DEJ program, the  
          court would hold judgment until either 1) the defendant complies  
          with the terms of the DEJ and the prosecuting attorney makes a  
          motion to dismiss the charges - whereupon the court could  
          dismiss the charges, or ii) the defendant fails to comply with  
          the terms of the DEJ, which may result in the prosecuting  
          attorney or the court making a motion for entry of judgment,  
          whereupon the court could render a finding of guilty, enter  
          judgment, and schedule a sentencing hearing.

          According to author, "Truancy is often a result of multiple  
          underlying issues, and simply punishing parents for the truancy  
          of their children does not ensure that their children will  
          attend school regularly.  In order to achieve this outcome, the  
          proposed legislation adopts a Deferred Entry of Judgment (DEJ)  
          program approach that courts and prosecutors can employ to  
          address underlying causes and compel parents to get their kids  
          in school."  According to author's staff, the intent of this  
          bill is to compel parents of chronically truant elementary and  
          middle school pupils to participate in the DEJ program, and thus  








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          address the challenges that may be preventing those parents from  
          ensuring that the pupil is attending school.  It should be  
          noted, however, that the instrument that provides this  
          compulsion is a proposed new misdemeanor that will allow for  
          more uniform prosecution of parents of those pupils across  
          jurisdictions in the state and that will make conviction, to the  
          extent that a judgment is entered, easier as compared to  
          prosecution for contributing to the delinquency of a minor under  
          current law.

          Three fundamental questions about the proposed approach to  
          reducing chronic truancy among pupils in the elementary and  
          middle grades, may be asked:

          1)Is it reasonable to expect that the establishment of a new  
            misdemeanor and the associated DEJ program will lead to a  
            reduction in truancy rates among the targeted chronic truants?

            The answer to this question comes in two parts.  It is  
            uncertain whether (dis)incentive effects, with respect to  
            parents ensuring that their children attend school, do or do  
            not exist as a result of the creation of a new misdemeanor,  
            the potential for further criminalizing an educational issue,  
            and the increased ease of obtaining a conviction by  
            prosecuting under the new crime rather than under statute  
            preventing contributing to the delinquency of a minor.  On the  
            other hand, the diversion of parents of chronic truants into a  
            program that has the possibility of addressing challenges that  
            some families are facing and that make it difficult for the  
            truant to improve their school attendance is attractive from  
            the perspective of generating potential educational benefits.

          2)Could the benefits of the bill be realized under current law?

            It is clear that the answer to this question is yes, although  
            there may an argument as to whether this proposal creates the  
            opportunity for even greater pupil attendance gains than could  
            be realized with the same effort being applied under current  
            law.  An example of what could be done under current law is  
            shown by an article published in the San Francisco Chronicle  
            October 14, 2009, and written by the San Francisco District  
            Attorney, the sponsor of this bill; the District Attorney  
            wrote about accomplishments in San Francisco under current  
            law:









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               "Every fall I send out letters to parents of all SFUSD  
               students informing them that truancy is against the  
               law. During the school year, prosecutors from my  
               office hold mediations with parents and truant  
               students to reinforce this message and urge them to  
               get help to improve their children's attendance. In  
               most cases, attendance improves.

               When it does not, my office prosecutes parents in a  
               specialized truancy court we created that combines  
               close court monitoring with tailored family services.  
               To date, I have prosecuted 20 parents of young  
               children for truancy. The penalty for truancy charged  
               as a misdemeanor is a fine of up to $2,500 or up to a  
               year of jail. Our groundbreaking strategy has worked.  
               After Michael's [a student who missed 80 days of  
               kindergarten in the prior year] parents did not  
               respond to repeated pleas from the school district to  
               get him in class, my investigators served his parents  
               with criminal complaints. His parents appeared in  
               court and agreed to work to get needed services and  
               get Michael back in school. Michael missed only three  
               days the following school year. He got extra attention  
               from teachers to get on track and one parent has even  
               become a school volunteer.

               The majority of parents who have been brought to  
               truancy court have dramatically improved their  
               children's attendance. In the last year alone, truancy  
               among elementary school students declined on average  
               by 20 percent."

            In addition, under current law, there are notification  
            requirements, SARB referrals, referrals to the district  
            attorney or probation department, truancy mediation  
            programs, educational support services, as well as the  
            possibility of criminal prosecution, designed to address  
            truancy problems with parents and pupils at all grade  
            levels.

          3)Are the incremental gains in truancy reduction that may be  
            generated by this bill worth the costs or concerns associated  
            with the proposal?

            This question can not be answered at this time, since the  








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            gains that may be brought about by the bill are unknown;  
            however, the concerns that have been made about this bill  
            include that the proposal:

             a)   Elevates an educational issue to the criminal justice  
               system.
             b)   Takes a punitive approach to addressing attendance  
               issues.
             c)   Assumes that parents are the problem and does not  
               examine whether different educational services or  
               instructional approaches might resolve a pupil's attendance  
               issues.
             d)   Will create increased contention between parents and the  
               schools, while this issue requires parents and the school  
               to work together.
             e)   Creates redundancies with existing institutions and  
               systems within education.
             f)   May result in inequities with respect to low income  
               families or parents and pupils with limited English  
               proficiency, in terms of a parent's:
               i)     Ability to engage with the justice system.
               ii)    Ability to overcome transportation, child care, work  
                 scheduling problems so as to complete a DEJ program.
               iii)   Knowledge about and ability to seek alternative  
                 educational placements either inside or outside the  
                 school district of residence.

          Committee amendments:  The educational benefits of this bill  
          hinge primarily on participation in the DEJ program, the  
          possibility that such participation allows parents to deal with  
          issues that may be causing or exacerbating a child's school  
          attendance problems, and the further possibility that this leads  
          to improved attendance and, eventually, better educational  
          outcomes.  Thus, from an educational perspective it is  
          participation in the DEJ program and the quality of that program  
          that are key in this proposal.  To that end, if the Committee  
          chooses to pass this bill, Committee staff recommends the  
          following amendments:

          1)Clarify that the service referrals for participants in the DEJ  
            program may be tailored to meet the needs of the defendant "as  
            appropriate to each case," and that those service referrals  
            "may include, but not be limited to" the services currently  
            listed in the bill.









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          2)Include "Meeting with school psychologists, school counselors,  
                                                                                teachers, and school administrators" as a required component  
            of the DEJ program.

          3)Add the requirement that any district attorney choosing to  
            charge a defendant with a violation of the proposed  
            misdemeanor is required to file, whether a defendant is found  
            to be eligible or ineligible for deferred entry of judgment,  
            with the court a declaration in writing or state for the  
            record the grounds upon which the determination of that  
            eligibility or ineligibility is based. 

          Staff also recommends that the Committee accept, as Committee  
          Amendments, amendments drafted by the author to fulfill a  
          commitment that the author made during the bill's hearing in the  
          Assembly Public Safety Committee.  These amendments clarify the  
          prohibition against prosecuting a parent under both the proposed  
          new misdemeanor and existing statute related to contributing to  
          the delinquency of a minor.

          In addition, the Committee may wish to consider whether current  
          law, which allows a district attorney to work with school  
          districts to reduce truancy in elementary schools, is sufficient  
          policy.  The Committee may also wish to consider whether  
          prosecuting parents in a "specialized truancy court", as was the  
          case in San Francisco, may be an approach that better supports  
          families in dealing with the challenges that may lead to  
          truancy.  It is unclear whether prosecutions under the  
          provisions of this bill would take place in a "specialized  
          truancy court" as opposed to Superior Court with no special  
          focus on truancy issues.

          Related legislation: SB 1357 (Steinberg), pending in the  
          Assembly Appropriations Committee, requires the California  
          Department of Education to include pupil attendance data and  
          data on chronic absences in the Annual Report on Dropouts in  
          California and in the California Longitudinal Pupil Achievement  
          Data System, and to provide related reports to local educational  
          agencies on demand.  SB 1148 (Alquist), held in the Senate  
          Appropriations Committee in 2010, would have defined a chronic  
          truant to be a pupil having unexcused absences for 10 percent or  
          more of the days in one school year.  SB 540 (Romero), died in  
          Senate Education in 2009, would have repealed or amended  
          statutory provisions that impose reimbursable state mandates on  
          school districts, including making the currently required  








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          parental notifications related to a pupil's truancy optional.

          Previous legislation:  AB 1446 (DeSaulnier), held in the Senate  
          Appropriations Committee in 2008, would have required school  
          districts, upon a pupil's initial classification as a truant, to  
          provide the required parental notification within 10 schooldays  
          of the pupil's last day of being absent or tardy from school  
          without a valid excuse.  AB 1536 (Cardenas), vetoed in 2001,  
          would have established a truancy court pilot program within Los  
          Angeles County.  SB 484 (Rainey), held in the Senate  
          Appropriations Committee in 2000, would have created a Truancy  
          Prevention Model Pilot Program in Alameda and Contra Costa  
          Counties, to be administered jointly by the County Offices of  
          Education on both counties.  SB 1677 (Lee), held in the Senate  
          Appropriations Committee in 1998, was substantially similar to  
          SB 484.

           REGISTERED SUPPORT / OPPOSITION  :

           Support 
           
          California District Attorneys Association
          California Probation, Parole, and Correctional Association
          California State PTA
          California Teachers Association
          Chief Probation Officers of California
          San Francisco District Attorney (Sponsor)
          One individual
           
            Opposition 
           
          American Civil Liberties Union (unless amended)
          Asian Law Caucus (unless amended)
          California Association for Parent-Child Advocacy
          California Public Defenders Association
          Community Rights "No to Pre-Prison" Campaign
          Mental Health Advocacy Services, Inc.
          The Learning Rights Law Center
          The Los Angeles Chapter of the Dignity in Schools Campaign

           Analysis Prepared by  :    Gerald Shelton / ED. / (916) 319-2087 












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