BILL NUMBER: AB 2616 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY APRIL 18, 2012
AMENDED IN ASSEMBLY MARCH 29, 2012
INTRODUCED BY Assembly Member Carter
FEBRUARY 24, 2012
An act to amend Sections 48260, 48260.5, and 48264.5 of the
Education Code, relating to school districts.
LEGISLATIVE COUNSEL'S DIGEST
AB 2616, as amended, Carter. School districts: truancy.
Existing law 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 3 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 3 occasions in one school
year, or any combination thereof, and requires a school district to
notify a pupil's parent or legal guardian, as specified, when a pupil
is initially classified as a truant. Existing law specifies that a
pupil who is required to be reported as a truant may be
required to attend makeup classes, as specified. is
subject to specified penalties for the first through fourth instances
that a truancy report is issued to a pupil.
This bill would remove the requirement that a pupil
subject to compulsory full-time education or to compulsory
continuation education who is absent from school without a valid
excuse 3 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 3 occasions in one school year, or any combination thereof, is a
truant, and instead authorizes a school to use its discretion to
classify a pupil as a truant under those circumstances. The bill
would require a school district to notify a pupil's parent or legal
guardian, as specified, when a pupil is initially classified as a
truant at the discretion of the school. The bill also would specify
that a pupil who is classified as a truant at the discretion of the
school may be required to attend makeup classes, as specified, and
would make nonsubstantive changes to these provisions.
identify specific reasons that constitute a valid excuse for which a
pupil may be absent from school. T he bill would, upon
the pupil's initial classification as a truant, require the school
district to notify the pupil's parent or legal guardian that, among
other things, the parent or legal guardian has the right to address
any absences or tardies that may have been incorrectly counted toward
the classification of the pupil as a truant, thereby mandating a
state-mandated local program. The bill also would revise certain
penalties resulting from the issuance of specified truancy reports,
and would specify that the first time a truancy report is issued, the
pupil and, as appropriate, the pupil's parent or legal guardian, may
be requested to attend a meeting with a school counselor or other
school designee to discuss the root causes of the attendance issue
and develop a joint plan to improve the pupil's attendance. The bill
would specify that the 2nd time a truancy report is issued, the pupil
may be personally given a written warning by a peace
officer, as specified, and that the 4th time a truancy report is
issued, a pupil who is adjudged a ward of the court may be required
to pay a fine of not more than $50, and that the fine, including all
penalties and assessments, cannot be more than $100. The bill also
would make nonsubstantive changes to these provisions.
The California Constitution requires the state to reimburse local
agencies and school districts for certain costs mandated by the
state. Statutory provisions establish procedures for making that
reimbursement.
This bill would provide that, if the Commission on State Mandates
determines that the bill contains costs mandated by the state,
reimbursement for those costs shall be made pursuant to these
statutory provisions.
Vote: majority. Appropriation: no. Fiscal committee: no
yes . State-mandated local program: no
yes .
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 48260 of the Education Code is amended to read:
48260. (a) A 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 a 30-minute period during the
schoolday without a valid excuse on three occasions in one school
year, or any combination thereof, may shall
be classified as a truant and, if the school, in its
discretion, classifies the pupil as a truant, the truant
and shall be reported to the attendance supervisor or to
the superintendent of the school district.
(b) Notwithstanding subdivision (a), it is the intent of the
Legislature that school districts shall not change the method of
attendance accounting provided for in existing law and shall not be
required to employ period-by-period attendance accounting.
(c) For purposes of this article, a valid excuse includes, but is
not limited to, the reasons for which a pupil shall be excused from
school pursuant to Sections 48205 and 48225.5 and may include other
reasons that are within the discretion of school administrators and,
based on the facts of the pupil's circumstances, are deemed to
constitute a valid excuse.
SEC. 2. Section 48260.5 of the Education Code is amended to read:
48260.5. If a school, in its discretion, classifies a
pupil Upon a pupil's initial classification as a
truant, the school district shall notify the pupil's parent or legal
guardian using the most cost-effective method possible, which may
include electronic mail or a telephone call:
(a) That the pupil is has been classified
as a truant.
(b) That the parent or legal guardian is obligated to compel the
attendance of the pupil at school.
(c) That parents or legal guardians who fail to meet this
obligation may be guilty of an infraction and subject to prosecution
pursuant to Article 6 (commencing with Section 48290) of
Chapter 2 of Part 27 .
(d) That alternative educational programs are available in the
school district.
(e) That the parent or legal guardian has the right to meet with
appropriate school personnel to discuss solutions to the pupil's
truancy. truancy and to address any absences
or tardies that may have been incorrectly counted toward the pupil's
classification as a truant.
(f) That the pupil may be subject to prosecution under Section
48264.
(g) That the pupil may be subject to suspension, restriction, or
delay of the pupil's driving privilege pursuant to Section 13202.7 of
the Vehicle Code.
(h) That it is recommended that the parent or legal guardian
accompany the pupil to school and attend classes with the pupil for
one day.
SEC. 3. Section 48264.5 of the Education Code is amended to read:
48264.5. Any minor who the school district, in its
discretion, classifies is classified as a truant
pursuant to Section 48260 or 48261 may be required to attend makeup
classes conducted on one day of a weekend pursuant to subdivision (c)
of Section 37223 and is subject to the following:
(a) The first time a truancy report may be
is issued, the pupil may be personally given a
written warning by any peace officer specified in Section 830.1 of
the Penal Code. A record of the written warning may be kept at the
school for a period of not less than two years, or until the pupil
graduates, or transfers, from that school. If the pupil transfers,
the record may be forwarded to the school receiving the pupil's
school records. A record of the written warning may be maintained by
the law enforcement agency in accordance with that law enforcement
agency's policies and procedures. and, as appropriate,
the parent or legal guardian, may be requested to attend a meeting
with a school counselor or other school designee to discuss the root
causes of the attendance issue and develop a joint plan to
improve the pupil's attendance.
(b) The second time a truancy report may be
is issued within the same school year, the pupil may be
given a written warning by a peace officer as specified in
Section 830.1 of the Penal Code. A record of the written warning may
be kept at the school for a period of not less than two years, or
until the pupil graduates or transfers from that school. If the pupil
transfers from that school, the record may be forwarded to the
school receiving the pupil's school records. A record of the written
warning may be maintained by the law enforcement agency in
accordance with that law enforcement agency's policies and
procedures. The pupil may also be assigned by the school to an
afterschool or weekend study program located within the same county
as the pupil's school. If the pupil fails to successfully complete
the assigned study program, the pupil shall be subject to subdivision
(c).
(c) The third time a truancy report may be
is issued within the same school year, the pupil shall be
classified as a habitual truant, as defined in Section
48262, and may be referred to, and required to attend, an attendance
review board or a truancy mediation program pursuant to Section 48263
or pursuant to Section 601.3 of the Welfare and Institutions Code.
If the school district does not have a truancy mediation program, the
pupil may be required to attend a comparable program deemed
acceptable by the school district's attendance supervisor. If the
pupil does not successfully complete the truancy mediation program or
other similar program, the pupil shall be subject to subdivision
(d).
(d) The fourth time a truancy may be is
issued within the same school year, the pupil may be within the
jurisdiction of the juvenile court that may adjudge the pupil to be
a ward of the court pursuant to Section 601 of the Welfare and
Institutions Code. If the pupil is adjudged a ward of the court, the
pupil shall be required to do one or more of the following:
(1) Performance at court-approved community services sponsored by
either a public or private nonprofit agency for not less than 20
hours but not more than 40 hours over a period not to exceed 90 days,
during a time other than the pupil's hours of school attendance or
employment. The probation officer shall report to the court the
failure of the pupil to comply with this paragraph.
(2) Payment of a fine by the pupil of not more than one
hundred fifty dollars ($100)
($50) for which a parent or legal guardian of
the pupil may be jointly liable. Such fine, includi
ng all penalties and assessments, shall not exceed one hundred
dollars ($100).
(3) Attendance of a court-approved truancy prevention program.
(4) Suspension or revocation of driving privileges pursuant to
Section 13202.7 of the Vehicle Code. This subdivision shall apply
only to a pupil who has attended a school attendance review board
program, a program operated by a probation department acting as a
school attendance review board, or a truancy mediation program
pursuant to subdivision (c).
SEC. 4. If the Commission on State Mandates
determines that this act contains costs mandated by the state,
reimbursement to local agencies and school districts for those costs
shall be made pursuant to Part 7 (commencing with Section 17500) of
Division 4 of Title 2 of the Government Code.