Amended in Assembly April 2, 2014

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 amended, 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 wouldbegin delete requireend deletebegin insert require, rather than authorize,end insert 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 frombegin delete aend deletebegin insert one or moreend insert schoolbegin delete districtend deletebegin insert districtsend insert within its jurisdiction.begin insert The bill would set forth the purposes of a county school attendance review board to include, among other things, to develop guidelines, policies, or programs to administer the county and local school attendance review boards, and to provide oversight over local school attendance review boards, as specified.end insert 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 atbegin insert the beginning of the school year to develop guidelines and policies and adopting plans, as specified, and to meet atend insert leastbegin delete 4end deletebegin insert 3 additionalend insert times each schoolbegin delete year.end deletebegin insert year for specified purposes including, among others, assessing the effectiveness of services and supports provided by its school attendance review boards. The bill would specify that, for purposes of conducting hearings, the county school attendance review board is required to meet as needed, and would further authorize the county school attendance review board to determine the members needed at those hearings, as specified.end insert The bill wouldbegin delete prohibit a county school attendance review board or a local school attendance review board from convening unless end deletebegin delete23end deletebegin delete of its members participate at each meeting. The bill wouldend delete 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 board shall
4be established in eachbegin delete county andend deletebegin insert county. The primary purpose of
5the county school attendance review board shall be to develop
P3    1guidelines, policies, or programs to administer the county and
2local school attendance review boards and adopt plans to promote
3interagency and community cooperation and to reduce the
4duplication of services provided to youth in order to address pupil
5attendance and behavioral problems. The county school attendance
6review boardend insert
may accept referrals or requests for hearing services
7frombegin delete aend deletebegin insert one or moreend insert schoolbegin delete districtend deletebegin insert districtsend insert within itsbegin delete jurisdiction.end delete
8begin insert jurisdiction, pursuant to subdivision (f).end insert Nothing in this section
9prohibits any two or more counties from forming a school
10attendance review board consortium or partnership.

11(2) begin deleteThe end deletebegin insertFor purposes of developing guidelines and policies
12specified in paragraph (1), the end insert
county school attendance review
13 board shall include, but need not be limited to, all of the following:

14(A) A parent.

15(B) A representative of school districts.

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

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

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

19(F) A representative of law enforcement agencies.

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

21(H) A representative of school guidance personnel.

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

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

24(K) A representative of school, county, or community mental
25health personnel.

26(L) A representative of the county district attorney’s office. If
27more than one county is represented in a county school attendance
28review board, a representative from each county’s district attorney’s
29officebegin delete shallend deletebegin insert mayend insert be included.

begin insert

30(3) Notwithstanding paragraph (2), for purposes of conducting
31hearings, the chairperson of the county school attendance review
32board is authorized to determine the members needed at a hearing,
33based on the needs of the pupil, in order to address attendance or
34behavioral problems.

end insert
begin delete

35(3)

end delete

36begin insert(4)end insert The school district representatives on the county school
37attendance review board shall be nominated by the governing
38boards of school districts and shall be appointed by the county
39superintendent of schools. All other persons and group
40representatives shall be appointed by the county board of education.

begin delete

P4    1(4)

end delete

2begin insert(5)end insertbegin insertend insertbegin insert(A)end insert A county superintendent of schools shall, at the
3beginning of each school year, convene a meeting of the county
4school attendance review board for the purpose ofbegin insert developing
5guidelines and policies andend insert
adopting plansbegin delete to promote interagency
6and community cooperation and to reduce the duplication of
7services provided to youth who have serious school attendance
8and behavior problems.end delete
begin insert pursuant to paragraph (1).end insert A county school
9attendance review board shall meet at leastbegin delete fourend deletebegin insert three additionalend insert
10 times each schoolbegin delete year.end deletebegin insert year to assess the effectiveness of services
11and supports that its school attendance review boards provide to
12youth and their families.end insert

begin insert

13(B) Notwithstanding subparagraph (A), for purposes of
14conducting hearings, a county school attendance review board
15shall meet as needed.

end insert

16(b) (1) Local school attendance review boards may include,
17but need not be limited to, all of the following:

18(A) A parent.

19(B) A representative of school districts.

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

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

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

23(F) A representative of law enforcement agencies.

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

25(H) A representative of school guidance personnel.

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

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

28(K) A representative of school, county, or community mental
29health personnel.

30(L) A representative of the county district attorney’s office. If
31more than one county is represented in a local school attendance
32review board, a representative from each county’s district attorney’s
33officebegin delete shallend deletebegin insert mayend insert be included.

34(2) Other persons or group representatives shall be appointed
35by the county board of education.

36(c) A county school attendance review board may elect, pursuant
37to regulations adopted pursuant to Section 48324, one member as
38chairperson with responsibility for coordinating services of the
39county school attendance review board.

P5    1(d) A county school attendance review board may provide for
2the establishment of local school attendance review boards in any
3number as shall be necessary to carry out the intent of this article.
4begin insert Local school attendance review boards shall be bound by the rules
5and regulations established pursuant to Section 48324.end insert

6(e) A county school attendance review boardbegin delete may provide
7consultant services to, and coordinate activities of, local school
8attendance review boards in meeting the special needs of pupils
9with school attendance or school behavior problems.end delete
begin insert shall provide
10oversight and coordinate activities of, and may provide consultant
11services to, local school attendance review boards. The county
12school attendance review board shall ensure that local school
13attendance review boards comply with the policies and procedures
14established by the county school attendance review board pursuant
15to Section 48324.end insert

16(f) If the county school attendance review board determines that
17the needs of pupils as defined in this article can best be served by
18a single board, the county school attendance review board may
19then serve as the school attendance review board for all pupils in
20the county, or, upon the request of any school district in the county,
21the county school attendance review board may serve as the school
22attendance review board for pupils of that school district.

28 23(g) Nothing in this article is intended to prohibit an agreement
24on the part of counties to provide these services on a regional basis.

begin delete

25(h) A county school attendance review board or a local school
26attendance review board shall not be convened unless two-thirds
27of its members, as identified in paragraph (2) of subdivision (a)
28or paragraph (1) of subdivision (b), participate at each meeting.

end delete
29

SEC. 2.  

If the Commission on State Mandates determines that
30this act contains costs mandated by the state, reimbursement to
31local agencies and school districts for those costs shall be made
32pursuant to Part 7 (commencing with Section 17500) of Division
334 of Title 2 of the Government Code.



O

    98