California Legislature—2013–14 Regular Session

Assembly BillNo. 1643


Introduced by Assembly Member Buchanan

February 11, 2014


An act to amend Section 48321 of the Education Code, relating to pupil attendance.

LEGISLATIVE COUNSEL’S DIGEST

AB 1643, as introduced, Buchanan. Pupil attendance: school attendance review boards.

Existing law authorizes the establishment of county and local school attendance review boards that may promote the use of alternatives to the juvenile court system if available public and private services are insufficient or inappropriate to correct school attendance or school behavior problems, and specifies the membership of each school attendance review board. Existing law provides that any minor pupil who is a habitual truant, is irregular in attendance at school, or is habitually insubordinate or disorderly during attendance at school may be referred to a school attendance review board. Existing law requires the county superintendent of schools, if a county school attendance review board exists, to convene a meeting of the county school attendance review board at the beginning of each school year, as provided.

This bill would require the establishment of a county school attendance review board in each county, and would authorize a county school attendance review board to accept referrals or requests for hearing services from a school district within its jurisdiction. The bill would add a representative from at least one county district attorney’s office to both a county and local school attendance review board, as specified. The bill would require a county school attendance review board to meet at least 4 times each school year. The bill would prohibit a county school attendance review board or a local school attendance review board from convening unless 23 of its members participate at each meeting. The bill would specify that its provisions do not prohibit any 2 or more counties from forming a school attendance review board consortium or partnership. By imposing new duties on local officials, the bill would impose a state-mandated local program. The bill would also make conforming and nonsubstantive changes.

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:

P2    1

SECTION 1.  

Section 48321 of the Education Code is amended
2to read:

3

48321.  

(a) (1) A county school attendance review boardbegin delete mayend delete
4begin insert shallend insert be established in eachbegin delete county.end deletebegin insert county and may accept
5referrals or requests for hearing services from a school district
6within its jurisdiction. Nothing in this section prohibits any two
7or more counties from forming a school attendance review board
8consortium or partnership.end insert

9(2) The county school attendance reviewbegin delete board, if established,end delete
10begin insert boardend insert shall include, but need not be limited to, all of the following:

11(A) A parent.

12(B) A representative of school districts.

13(C) A representative of the county probation department.

14(D) A representative of the county welfare department.

15(E) A representative of the county superintendent of schools.

16(F) A representative of law enforcement agencies.

17(G) A representative of community-based youth service centers.

18(H) A representative of school guidance personnel.

19(I) A representative of child welfare and attendance personnel.

P3    1(J) A representative of school or county health care personnel.

2(K) A representative of school, county, or community mental
3health personnel.

begin insert

4(L) A representative of the county district attorney’s office. If
5more than one county is represented in a county school attendance
6review board, a representative from each county’s district
7attorney’s office shall be included.

end insert

8(3) The school district representatives on the county school
9attendance review board shall be nominated by the governing
10boards of school districts and shall be appointed by the county
11superintendent of schools. All other persons and group
12representatives shall be appointed by the county board of education.

13(4) begin deleteIf a county school attendance review board exists, the end deletebegin insertA end insert
14county superintendent of schools shall, at the beginning of each
15school year, convene a meeting of the county school attendance
16review board for the purpose of adopting plans to promote
17interagency and community cooperation and to reduce the
18duplication of services provided to youth who have serious school
19attendance and behavior problems.begin insert A county school attendance
20review board shall meet at least four times each school year.end insert

21(b) (1) Local school attendance review boards may include,
22but need not be limited to, all of the following:

23(A) A parent.

24(B) A representative of school districts.

25(C) A representative of the county probation department.

26(D) A representative of the county welfare department.

27(E) A representative of the county superintendent of schools.

28(F) A representative of law enforcement agencies.

29(G) A representative of community-based youth service centers.

30(H) A representative of school guidance personnel.

31(I) A representative of child welfare and attendance personnel.

32(J) A representative of school or county health care personnel.

33(K) A representative of school, county, or community mental
34health personnel.

begin insert

35(L) A representative of the county district attorney’s office. If
36more than one county is represented in a local school attendance
37review board, a representative from each county’s district
38attorney’s office shall be included.

end insert

39(2) Other persons or group representatives shall be appointed
40by the county board of education.

P4    1(c) begin deleteThe end deletebegin insertA end insertcounty school attendance review board may elect,
2pursuant to regulations adopted pursuant to Section 48324, one
3member as chairperson with responsibility for coordinating services
4of the county school attendance review board.

5(d) begin deleteThe end deletebegin insertA end insertcounty school attendance review board may provide
6for the establishment of local school attendance review boards in
7any number as shall be necessary to carry out the intent of this
8article.

begin delete

9(e) In any county in which there is no county school attendance
10review board, a school district governing board may elect to
11establish a local school attendance review board, which shall
12operate in the same manner and have the same authority as a county
13school attendance review board.

14(f) The

end delete

15begin insert(e)end insertbegin insertend insertbegin insertAend insert county school attendance review board may provide
16consultant services to, and coordinate activities of, local school
17attendance review boards in meeting the special needs of pupils
18with school attendance or school behavior problems.

begin delete

19(g) When

end delete

20begin insert(f)end insertbegin insertend insertbegin insertIfend insert the county school attendance review board determines that
21the needs of pupils as defined in this article can best be served by
22a single board, the county school attendance review board may
23then serve as the school attendance review board for all pupils in
24the county, or, upon the request of any school district in the county,
25the county school attendance review board may serve as the school
26attendance review board for pupils of thatbegin insert schoolend insert district.

begin delete

27(h)

end delete

28begin insert(g)end insert Nothing in this article is intended to prohibitbegin delete anyend deletebegin insert anend insert
29 agreement on the part of counties to provide these services on a
30regional basis.

begin insert

31(h) A county school attendance review board or a local school
32attendance review board shall not be convened unless two-thirds
33of its members, as identified in paragraph (2) of subdivision (a)
34or paragraph (1) of subdivision (b), participate at each meeting.

end insert
35

SEC. 2.  

If the Commission on State Mandates determines that
36this act contains costs mandated by the state, reimbursement to
37local agencies and school districts for those costs shall be made
P5    1pursuant to Part 7 (commencing with Section 17500) of Division
24 of Title 2 of the Government Code.



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