Amended in Assembly April 22, 2014

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 would require, rather than authorize, 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 one or more school districts within its jurisdiction. 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. The bill would addbegin delete a representativeend deletebegin insert representativesend insert from at least one county district attorney’s officebegin insert and one county public defender’s officeend insert to bothbegin delete aend delete county and local school attendance reviewbegin delete board,end deletebegin insert boards,end insert as specified. The bill would require a county school attendance review board to meet at the beginning of the school year to develop guidelines and policies and adopting plans, as specified, and to meet at least 3 additional times each school 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. 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 board shall
4be established in each county. The primary purpose of the county
5school attendance review board shall be to develop guidelines,
P3    1policies, orbegin delete programsend deletebegin insert programs, consistent with Section 48320
2and subdivision (a) of Section 48325,end insert
to administer the county and
3local school attendance review boards and adopt plans to promote
4interagency and community cooperationbegin delete and to reduce the
5duplication of services provided to youth in order to address pupil
6attendance and behavioral problems.end delete
begin insert in order to address attendance
7and behavioral problems, improve the coordination and level of
8community and school-based programs provided to pupils and
9their families, and prevent entry into the juvenile justice system.end insert

10 The county school attendance review board may accept referrals
11or requests for hearing services from one or more school districts
12within its jurisdiction, pursuant to subdivision (f). Nothing in this
13section prohibits any two or more counties from forming a school
14attendance review board consortium or partnership.

15(2) For purposes of developing guidelines and policies specified
16in paragraph (1), the county school attendance review board shall
17include, but 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 county school attendance
32review board, a representative from each county’s district attorney’s
33office may be included.

begin insert

34(M) A representative of the county public defender’s office. If
35more than one county is represented in a county school attendance
36review board, a representative from each county’s public
37defender’s office may be included.

end insert

38(3) Notwithstanding paragraph (2), for purposes of conducting
39hearings, the chairperson of the county school attendance review
40board is authorized to determine the members needed at a hearing,
P4    1based on the needs of the pupil, in order to address attendance or
2behavioral problems.

3(4) The school district representatives on the county school
4attendance review board shall be nominated by the governing
5boards of school districts and shall be appointed by the county
6superintendent of schools. All other persons and group
7representatives shall be appointed by the county board of education.

8(5) (A) A county superintendent of schools shall, at the
9beginning of each school year, convene a meeting of the county
10school attendance review board for the purpose of developing
11guidelines and policies and adopting plans pursuant to paragraph
12(1). A county school attendance review board shall meet at least
13three additional times each school year to assess the effectiveness
14of services and supports that its school attendance review boards
15provide to youth and theirbegin delete families.end deletebegin insert families, and to assess whether
16the local school attendance review boards subject to its oversight
17are improving the attendance and educational outcomes for pupils.end insert

18(B) Notwithstanding subparagraph (A), for purposes of
19conducting hearings, a county school attendance review board
20shall meet as needed.

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.

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 attorney’s
38office may be included.

begin insert

39(M) A representative of the county public defender’s office. If
40more than one county is represented in a county school attendance
P5    1review board, a representative from each county’s public
2defender’s office may be included.

end insert

3(2) Other persons or group representatives shall be appointed
4by the county board of education.

5(c) A county school attendance review board may elect, pursuant
6to regulations adopted pursuant to Section 48324, one member as
7chairperson with responsibility for coordinating services of the
8county school attendance review board.

9(d) A county school attendance review board may provide for
10the establishment of local school attendance review boards in any
11number as shall be necessary to carry out the intent of this article.
12Local school attendance review boards shall be bound by the rules
13and regulations established pursuant to Section 48324.

14(e) A county school attendance review board shall provide
15oversight and coordinate activities of, and may provide consultant
16services to, local school attendance review boards. The county
17school attendance review board shall ensure that local school
18attendance review boards comply with the policies and procedures
19established by the county school attendance review board pursuant
20to Section 48324.

21(f) If the county school attendance review board determines that
22the needs of pupils as defined in this article can best be served by
23a single board, the county school attendance review board may
24then serve as the school attendance review board for all pupils in
25the county, or, upon the request of any school district in the county,
26the county school attendance review board may serve as the school
27attendance review board for pupils of that school district.

28 28(g) Nothing in this article is intended to prohibit an agreement
29on the part of counties to provide these services on a regional basis.

30

SEC. 2.  

If the Commission on State Mandates determines that
31this act contains costs mandated by the state, reimbursement to
32local agencies and school districts for those costs shall be made
33pursuant to Part 7 (commencing with Section 17500) of Division
344 of Title 2 of the Government Code.



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