BILL NUMBER: SB 240 AMENDED
BILL TEXT
AMENDED IN SENATE MARCH 22, 2011
INTRODUCED BY Senator Rubio
FEBRUARY 9, 2011
An act to amend Section 270.1 of the Penal Code,
relating to truancy.
LEGISLATIVE COUNSEL'S DIGEST
SB 240, as amended, Rubio. Truancy.
Truancy: collective action.
Existing law establishes the system of public elementary and
secondary schools in this state. Existing law provides that each
person between the ages of 6 and 18 years, with specified exceptions,
is subject to compulsory full-time education. Existing law specifies
that any pupil subject to compulsory full-time education or
compulsory continuation education who is absent from school without
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.
Existing law requires that any pupil subject to compulsory
full-time education or compulsory continuation education who is
absent from school without a valid excuse for 10% or more of the
schooldays in one school year, from the date of enrollment to the
current date, is deemed a chronic truant, provided that the
appropriate district officer or employee has complied with prescribed
provisions. Existing law provides that a parent or guardian of a
pupil of 6 years of age or more who is in kindergarten or any of
grades 1 to 8, inclusive, and who is subject to compulsory full-time
education or compulsory continuation education, whose child is a
chronic truant, who has failed to reasonably supervise and encourage
the pupil's school attendance, and who has been offered language
accessible support services to address the pupil's truancy, is guilty
of a misdemeanor punishable by a fine not exceeding $2,000, or by
imprisonment in a county jail for a period not exceeding one year, or
by both that fine and imprisonment.
This bill would express the intent of the Legislature to
enact legislation that would make changes in the statutes related to
truancy to provide the parents and legal guardians of pupils with the
civil rights they need to address attendance-related problems in the
worst performing public schools in the state.
prohibit a parent or guardian from being subject to prosecution under
this provision because of an absence due to collective action, as
defined. The bill would define collective action as an action in
which the parents or guardians of a majority of the pupils enrolled
in a grade level at a public elementary or secondary school withhold
their children from attendance at that school because of a grievance
these parents, guardians, pupils, or other members of the school
community are presenting to the administration of the school or
school district. The bill would prescribe a procedure for the
commencement of a collective action under the bill. This procedure
would require the presentation of a petition setting forth the
grounds for the grievance to the school principal, schoolsite council
if one exists, and the secretary or presiding officer of the
governing board of the school district.
Vote: majority. Appropriation: no. Fiscal committee: no.
State-mandated local program: no.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 270.1 of the Penal
Code is amended to read:
270.1. (a) (1) A parent or guardian of a
pupil of six years of age or more who is in kindergarten or any of
grades 1 to 8, inclusive, and who is subject to compulsory full-time
education or compulsory continuation education, whose child is a
chronic truant as defined in Section 48263.6 of the Education Code,
who has failed to reasonably supervise and encourage the pupil's
school attendance, and who has been offered language accessible
support services to address the pupil's truancy, is guilty of a
misdemeanor punishable by a fine not exceeding two thousand dollars
($2,000), or by imprisonment in a county jail not exceeding one year,
or by both that fine and imprisonment. A parent or guardian guilty
of a misdemeanor under this subdivision may participate in the
deferred entry of judgment program defined in subdivision (b).
(2) (A) Notwithstanding paragraph (1), a parent or guardian shall
not be subject to prosecution under this section because of any
absence due to a collective action, as defined in subparagraph (B).
(B) For purposes of this paragraph, "collective action" means an
action in which the parents or guardians of a majority of the pupils
enrolled in a grade level at a public elementary or secondary school
withhold their children from attendance at that school because of a
grievance these parents, guardians, pupils, or other members of the
school community are presenting to the administration of the school
or school district.
(C) For purposes of this paragraph, a collective action commences
when a petition setting forth the grounds for the grievance, and
signed by the parents or guardians of a majority of the pupils
enrolled in a grade level at the public elementary or secondary
school, is presented to the principal of the school, to the
schoolsite council if one exists at that school, and to the secretary
or presiding officer of the governing board of the school district
in which the school is located. Presentation of the petition shall be
accomplished by delivery, during regular business hours, of an
original or copy of the petition to the school office, with respect
to presentation of the petition to the principal or the schoolsite
council, and by delivery of an original or copy of the petition to
the school district office, with respect to presentation of the
petition to the secretary or presiding officer of the governing board
of the school district.
(b) A superior court may establish a deferred entry of judgment
program that includes the components listed in paragraphs (1) to (7),
inclusive, to adjudicate cases involving parents or guardians of
elementary school pupils who are chronic truants as defined in
Section 48263.6 of the Education Code:
(1) A dedicated court calendar.
(2) Leadership by a judge of the superior court in that county.
(3) Meetings, scheduled and held periodically, with school
district representatives designated by the chronic truant's school
district of enrollment. Those representatives may include school
psychologists, school counselors, teachers, school administrators, or
other educational service providers deemed appropriate by the school
district.
(4) Service referrals for parents or guardians, as appropriate to
each case that may include, but are not limited to, all of the
following:
(A) Case management.
(B) Mental and physical health services.
(C) Parenting classes and support.
(D) Substance abuse treatment.
(E) Child care and housing.
(5) A clear statement that, in lieu of trial, the court may grant
deferred entry of judgment with respect to the current crime or
crimes charged if the defendant pleads guilty to each charge and
waives time for the pronouncement of judgment and that, upon the
defendant's compliance with the terms and conditions set forth by the
court and agreed to by the defendant upon the entry of his or her
plea, and upon the motion of the prosecuting attorney, the court will
dismiss the charge or charges against the defendant and the same
procedures specified for successful completion of a drug diversion
program or a deferred entry of judgment program pursuant to Section
851.90 and the provisions of Section 1203.4 shall apply.
(6) A clear statement that 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.
(7) An explanation of criminal record retention and disposition
resulting from participation in the deferred entry of judgment
program and the defendant's rights relative to answering questions
about his or her arrest and deferred entry of judgment following
successful completion of the program.
(c) Funding for the deferred entry of judgment program pursuant to
this section shall be derived solely from nonstate sources.
(d) A parent or guardian of an elementary school pupil who is a
chronic truant, as defined in Section 48263.6 of the Education Code,
may not be punished for a violation of both this section and the
provisions of Section 272 that involve criminal liability for parents
and guardians of truant children.
(e) If any district attorney chooses to charge a defendant with a
violation of subdivision (a) and the defendant is found by the
prosecuting attorney to be eligible or ineligible for deferred entry
of judgment, the prosecuting attorney shall file with the court a
declaration in writing, or state for the record, the grounds upon
which that determination is based.
SECTION 1. It is the intent of the Legislature
to enact legislation that would make changes in Article 5 (commencing
with Section 48260) of Chapter 2 of Part 27 of Division 4 of Title 2
of the Education Code to provide the parents and legal guardians of
pupils with the civil rights they need to address attendance-related
problems in the worst performing public schools in the state.