Amended in Assembly May 23, 2014

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 reviewbegin delete board to include,end deletebegin insert board, including,end insert 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 add representatives from at least one county district attorney’s office and one county public defender’s office to both county and local school attendance review boards, 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 andbegin delete adoptingend deletebegin insert adoptend insert 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 wouldbegin delete specify that its provisions do not prohibit any 2 or more counties from forming a school attendance review board consortium or partnershipend deletebegin insert authorize a county school attendance review board to be operated through a consortium or partnership of a county with one or more school districts or between 2 or more countiesend insert. 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:

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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,
6policies, or programs, consistent with Section 48320 and
7subdivision (a) of Section 48325, to administer the county and
8local school attendance review boards and adopt plans to promote
9interagency and community cooperation in order to address
10attendance and behavioral problems, improve the coordination and
11level of community and school-based programs provided to pupils
12and their families, and prevent entry into the juvenile justice
13system. The county school attendance review board may accept
14referrals or requests for hearing services from one or more school
15districts within its jurisdiction, pursuant to subdivision (f).begin delete Nothing
16in this section prohibits any two or more counties from forming a
17school attendance review board consortium or partnership.end delete
begin insert A county
18school attendance review board may be operated through a
19consortium or partnership of a county with one or more school
20districts or between two or more counties.end insert

21(2) For purposes of developing guidelines and policies specified
22in paragraph (1), the county school attendance review board shall
23include, but need not be limited to, all of the following:

24(A) A parent.

25(B) A representative of school districts.

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

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

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

29(F) A representative of law enforcement agencies.

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

31(H) A representative of school guidance personnel.

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

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

34(K) A representative of school, county, or community mental
35health personnel.

36(L) A representative of the county district attorney’s office. If
37more than one county is represented in a county school attendance
P4    1review board, a representative from each county’s district attorney’s
2office may be included.

3(M) A representative of the county public defender’s office. If
4more than one county is represented in a county school attendance
5review board, a representative from each county’s public defender’s
6office may be included.

7(3) Notwithstanding paragraph (2), for purposes of conducting
8hearings, the chairperson of the county school attendance review
9board is authorized to determine the members needed at a hearing,
10based on the needs of the pupil, in order to address attendance or
11behavioral problems.

12(4) The school district representatives on the county school
13attendance review board shall be nominated by the governing
14boards of school districts and shall be appointed by the county
15superintendent of schools. All other persons and group
16representatives shall be appointed by the county board of education.

17(5) (A) A county superintendent of schools shall, at the
18beginning of each school year, convene a meeting of the county
19school attendance review board forbegin delete the purposeend deletebegin insert purposesend insert of
20developing guidelines and policies and adopting plans pursuant to
21paragraph (1). A county school attendance review board shall meet
22at least three additional times each school year to assess the
23effectiveness of services and supports that its school attendance
24review boards provide to youth and their families, and to assess
25whether the local school attendance review boards subject to its
26oversight are improving the attendance and educational outcomes
27for pupils.

28(B) Notwithstanding subparagraph (A), for purposes of
29conducting hearings, a county school attendance review board
30shall meet as needed.

31(b) (1) Local school attendance review boards may include,
32but need not be limited to, all of the following:

33(A) A parent.

34(B) A representative of school districts.

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

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

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

38(F) A representative of law enforcement agencies.

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

40(H) A representative of school guidance personnel.

P5    1(I) A representative of child welfare and attendance personnel.

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

3(K) A representative of school, county, or community mental
4health personnel.

5(L) A representative of the county district attorney’s office. If
6more than one county is represented in a local school attendance
7review board, a representative from each county’s district attorney’s
8office may be included.

9(M) A representative of the county public defender’s office. If
10more than one county is represented in a county school attendance
11review board, a representative from each county’s public defender’s
12office may be included.

13(2) Other persons or group representatives shall be appointed
14by the county board of education.

15(c) A county school attendance review board may elect, pursuant
16to regulations adopted pursuant to Section 48324, one member as
17chairperson with responsibility for coordinating services of the
18county school attendance review board.

19(d) A county school attendance review board may provide for
20the establishment of local school attendance review boards in any
21number as shall be necessary to carry out the intent of this article.
22Local school attendance review boards shall be bound by the rules
23and regulations established pursuant to Section 48324.

24(e) A county school attendance review board shall provide
25oversight and coordinate activities of, and may provide consultant
26services to, local school attendance review boards. The county
27school attendance review board shall ensure that local school
28attendance review boards comply with the policies and procedures
29established by the county school attendance review board pursuant
30to Section 48324.

31(f) If the county school attendance review board determines that
32the needs of pupilsbegin insert,end insert as defined in this articlebegin insert,end insert can best be served
33by a single board, the county school attendance review board may
34then serve as the school attendance review board for all pupils in
35the county, or, upon the request of any school district in the county,
36the county school attendance review board may serve as the school
37attendance review board for pupils of that school district.

38(g) Nothing in this article is intended to prohibit an agreement
39on the part of counties to provide these services on a regional basis.

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SEC. 2.  

If the Commission on State Mandates determines that
2this act contains costs mandated by the state, reimbursement to
3local agencies and school districts for those costs shall be made
4pursuant to Part 7 (commencing with Section 17500) of Division
54 of Title 2 of the Government Code.



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