BILL ANALYSIS                                                                                                                                                                                                    Ó



                                                                      



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          |SENATE RULES COMMITTEE            |                   SB 477|
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                                 THIRD READING


          Bill No:  SB 477
          Author:   Wright (D)
          Amended:  4/26/11
          Vote:     21

           
           SENATE EDUCATION COMMITTEE  :  7-2, 5/4/11
          AYES:  Lowenthal, Alquist, Blakeslee, Hancock, Price, 
            Simitian, Vargas
          NOES:  Runner, Huff
          NO VOTE RECORDED:  Liu, Vacancy

           SENATE APPROPRIATIONS COMMITTEE  :  6-3, 5/16/11
          AYES:  Kehoe, Alquist, Lieu, Pavley, Price, Steinberg
          NOES:  Walters, Emmerson, Runner


           SUBJECT  :    Parental notice of truancy

           SOURCE :     Author


           DIGEST  :    This bill requires school districts to establish 
          a policy specifying the time period for notifying a parent 
          when a pupil is initially classified as a truant.

           ANALYSIS  :    

           Existing Law

           1.Defines a truant as a pupil subject to compulsory 
            full-time education who is absent without valid excuses 
            three full days in one school year, or tardy or absent 
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            for more than any 30-minute period on three occasions, or 
            any combination

          2.Requires a truant to be reported to the attendance 
            supervisor or to the superintendent of the school 
            district.  

          3.Requires the school district to notify the pupil's 
            parent, using the most cost-effective method possible, 
            upon a pupil's initial classification as a truant about 
            basic information, including that the parent is obligated 
            to compel the pupil to attend school, may be guilty of an 
            infraction and subject to prosecution, and that the pupil 
            may be subject to penalties.  (

          4.Requires that any pupil who has once been reported as a 
            truant and who is again absent or tardy from school 
            without a valid excuse for one day to again be reported 
            as a truant to the attendance supervisor or district 
            superintendent

          5.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).  A pupil may not be 
            deemed habitually truant unless 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.  

          6.Defines a "chronic truant" as any pupil who is absent 
            from school without a valid excuse for 10% or more of the 
            schooldays in one school year.  A pupil may not be deemed 
            chronically truant unless specific steps are first taken 
            to address the pupil's absences.  

          This bill requires school districts to establish a policy 
          specifying the time period for notifying a parent when a 
          pupil is initially classified as a truant. 
           
           Comments
           
           Truancy Notification Mandate  .  The Legislative Analyst's 
          Office (LAO) has recommended eliminating mandates that do 







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          not serve a fundamental purpose and notes that truancy 
          mandates exemplify requirements that should be eliminated.  
          The LAO has suggested elimination of the Notification of 
          Truancy mandate not only because it does not substantively 
          increase parent involvement or reduce dropouts, but also 
          because the federal No Child Left Behind Act requires 
          districts to develop extensive policies for increasing 
          parental involvement.  This federal requirement directly 
          targets students at risk of dropping out of school.  Since 
          local educational agencies lose revenue when students have 
          unexcused absences, it could also be argued that districts 
          have an incentive to work with families and students to 
          curb truancy and improve attendance.  

          Pursuant to AB 1610 (Assembly Budget Committee), Chapter 
          724, Statutes of 2010, the LAO has convened work group to 
          consider the future of the state's K-14 mandates and to 
          develop recommendations regarding the treatment of those 
          mandates.  Recommendations from this work group are 
          expected to be presented to the Budget Committees in the 
          near future.

           Prior Legislation  

          AB 1610 (Assembly Budget Committee, Chapter724, Statutes of 
          2010, limits the state mandate costs for the existing 
          truancy notification mandate, by requiring school districts 
          to provide the truancy notification using the most 
          cost-effective method possible rather than requiring the 
          notice be sent by mail.  Passed the Senate with a vote of 
          28-6 on October 7, 2010.

          AB 1446 (DeSaulnier), 2007-08 Session, would have required 
          school districts, upon a pupil's initial classification as 
          a truant, to provide the required parental notification 
          within 10 school days.  (Held on the Senate Appropriations 
          Committee on the Suspense File)  

           FISCAL EFFECT  :    Appropriation:  No   Fiscal Com.:  Yes   
          Local:  Yes

                          Fiscal Impact (in thousands)

           Major Provisions             2011-12             2012-13         







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              2013-14           Fund
           
          Mandate:  notification    Likely minor costs, if the 
          activity is            General*
          policy                             claimed in mandate costs 
          and deemed
                                                 reimbursable

          *Counts toward the Proposition 98 minimum funding guarantee



           ARGUMENTS IN SUPPORT  :    According to the author's office, 
          because current law does not specify when the notice must 
          be provided, parents and guardians are not always notified 
          in a timely manner, which decreases their ability to 
          intervene and prevent further absences.  Research shows 
          that pupils who are habitually truant are at greater risk 
          of dropping out of school than students who attend school 
          regularly.  The author's office hopes that requiring school 
          districts to have a policy about when the notification is 
          sent to parents will allow for earlier intervention and 
          give at-risk students a greater chance for success.  


          CPM:cm  5/17/11   Senate Floor Analyses 

                       SUPPORT/OPPOSITION:  NONE RECEIVED

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