BILL NUMBER: SB 477	AMENDED
	BILL TEXT

	AMENDED IN SENATE  APRIL 13, 2011

INTRODUCED BY   Senator Wright

                        FEBRUARY 17, 2011

    An act to amend Section 48260.5 of the Education Code,
relating to   An act to add Section 48260.1 to, and to
repeal Section 48260.5 of, the Education Code, relating to 
pupils.



	LEGISLATIVE COUNSEL'S DIGEST


   SB 477, as amended, Wright. Pupils: truancy.
   (1) Existing law provides that a pupil subject to compulsory
full-time education or to 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, upon
a pupil's initial classification as a truant, a school district to
notify the pupil's parent or guardian using the most cost-effective
method possible, which may include electronic mail or a telephone
call, that the pupil is truant, and to communicate additional
information relating to truancy, as prescribed.
   This bill would  require that the school district provide
this notice to the pupil's parent or guardian within 24 hours of the
pupil's initial classification as a truant   repeal that
provision regarding notification of truancy. The bill instead would
require a school district to establish a policy for notifying a pupil'
s parent or guardian upon a pupil's initial classification as a
truant  . By requiring school districts to  provide a
higher level of service by performing duties in a shorter timeframe
than is required under existing law   perform a new duty
 , this bill would impose a state-mandated local program.
   (2) 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.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

   SECTION 1.    Section 48260.1 is added to the 
 Education Code   , to read:  
   48260.1.  (a) A school district shall establish a policy for
notifying a pupil's parent or guardian upon a pupil's initial
classification as a truant.
   (b) The policy shall specify the time period for notifying the
parent or guardian and the means by which notification shall occur.

   SEC. 2.    Section 48260.5 of the  
Education Code   is repealed.  
   48260.5.  Upon a pupil's initial classification as a truant, the
school district shall notify the pupil's parent or guardian using the
most cost-effective method possible, which may include electronic
mail or a telephone call:
   (a) That the pupil is truant.
   (b) That the parent or guardian is obligated to compel the
attendance of the pupil at school.
   (c) That parents or 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
district.
   (e) That the parent or guardian has the right to meet with
appropriate school personnel to discuss solutions to the pupil's
truancy.
   (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 guardian accompany
the pupil to school and attend classes with the pupil for one day.
 
  SECTION 1.    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 guardian within 24
hours of that classification using the most cost-effective method
possible, which may include electronic mail or a telephone call, of
all of the following:
   (a) That the pupil is truant.
   (b) That the parent or guardian is obligated to compel the
attendance of the pupil at school.
   (c) That parents or 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
district.
   (e) That the parent or guardian has the right to meet with
appropriate school personnel to discuss solutions to the pupil's
truancy.
   (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 guardian accompany
the pupil to school and attend classes with the pupil for one day.

   SEC. 2.   SEC. 3.   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.