BILL ANALYSIS SB 1317 Page 1 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. SB 1317 Page 2 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. SB 1317 Page 3 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 SB 1317 Page 4 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: SB 1317 Page 5 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 SB 1317 Page 6 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. SB 1317 Page 7 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 SB 1317 Page 8 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: SB 1317 Page 9 "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 SB 1317 Page 10 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. SB 1317 Page 11 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 SB 1317 Page 12 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 SB 1317 Page 13