BILL NUMBER: AB 2616 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY MAY 9, 2012
AMENDED IN ASSEMBLY MAY 2, 2012
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 is subject to specified penalties for the first through fourth
instances that a truancy report is issued to a pupil.
This bill would identify specific reasons that constitute a valid
excuse for which a pupil may be absent from school for purposes
of being classified as a truant . The 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 imposing 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 instead 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 as specified
. 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: yes.
State-mandated local program: yes no .
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, shall be classified as a 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. 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 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).
(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 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. SEC. 2. Section 48264.5 of
the Education Code is amended to read:
48264.5. Any minor who 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 is issued, the pupil 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 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 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 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 fifty dollars
($50) for which a parent or legal guardian of the pupil may be
jointly liable. Notwithstanding any other law, the fine,
including all penalties and assessments, shall not exceed one hundred
dollars ($100). The fine described in this paragraph
shall not be subject to Section 1464 of the Penal Code.
(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.