Amended in Senate June 12, 2014

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.

begin delete

Existing

end delete

begin insert(1)end insertbegin insertend insertbegin insertExistingend insert 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.begin delete 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.end delete

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, including, among other things, to develop guidelines, policies, or programs to administer the countybegin insert school attendance review boardend insert andbegin insert to advise theend insert local school attendance reviewbegin delete boards, and to provide oversight over local school attendance review boards, as specified.end deletebegin insert boards. The bill would 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 counties.end insert 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.begin delete Theend delete

begin insert

(2) 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.

end insert

begin insert Thisend insert bill wouldbegin insert insteadend insert require a county school attendance review board to meet at the beginning ofbegin delete theend deletebegin insert eachend insert school year to develop guidelines and policies and adopt 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.begin delete The bill would 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 counties. By imposing new duties on local officials, the bill would impose a state-mandated local program. Theend delete

begin insert

(3) Existing law authorizes a county school attendance review board to provide consultant services to, and coordinate the activities of, local school attendance review boards, as provided.

end insert
begin insert

This bill would instead require a county school attendance review board to provide guidance to local school attendance review boards.

end insert

begin insert(4)end insertbegin insertend insertbegin insertThisend insert bill would also make conforming and nonsubstantive changes.

begin insert

(5) By imposing new duties on local officials, this bill would impose a state-mandated local program.

end insert

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:

P3    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,
6policies, or programs, consistent with Section 48320 and
7subdivision (a) of Section 48325, to administer the countybegin delete andend delete
8begin insert school attendance review board, to advise theend insert local school
9attendance reviewbegin delete boardsend deletebegin insert boards,end insert andbegin insert toend insert adopt plans to promote
10interagency and community cooperation in order to address
11attendance and behavioral problems, improve the coordination and
12level of community and school-based programs provided to pupils
13and their families, and prevent entry into the juvenile justice
14system. The county school attendance review board may accept
15referrals or requests for hearing services from one or more school
16districts within its jurisdiction, pursuant to subdivision (f). A county
17school attendance review board may be operated through a
18consortium or partnership of a county with one or more school
19districts or between two or more counties.

20(2) For purposes of developing guidelines and policies specified
21in paragraph (1), the county school attendance review board shall
22include, but need not be limited to, all of the following:

P4    1(A) A parent.

2(B) A representative of school districts.

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

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

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

6(F) A representative of law enforcement agencies.

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

8(H) A representative of school guidance personnel.

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

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

11(K) A representative of school, county, or community mental
12health personnel.

13(L) A representative of the county district attorney’s office. If
14more than one county is represented in a county school attendance
15review board, a representative from each county’s district attorney’s
16office may be included.

17(M) A representative of the county public defender’s office. If
18more than one county is represented in a county school attendance
19review board, a representative from each county’s public defender’s
20office may be included.

21(3) Notwithstanding paragraph (2), for purposes of conducting
22hearings, the chairperson of the county school attendance review
23board is authorized to determine the members needed at a hearing,
24based on the needs of the pupil, in order to address attendance or
25behavioral problems.

26(4) The school district representatives on the county school
27attendance review board shall be nominated by the governing
28boards of school districts and shall be appointed by the county
29superintendent of schools. All other persons and group
30representatives shall be appointed by the county board of education.

31(5) (A) A county superintendent of schools shall, at the
32beginning of each school year, convene a meeting of the county
33school attendance review board for purposes of developing
34guidelines and policies and adopting plans pursuant to paragraph
35(1). A county school attendance review board shall meet at least
36three additional times each school year to assess the effectiveness
37of services and supports that its school attendance review boards
38provide to youth and their families, and to assess whether the local
39school attendance review boardsbegin delete subject to its oversightend deletebegin insert within the
P5    1countyend insert
are improving the attendance and educational outcomes
2for pupils.

3(B) Notwithstanding subparagraph (A), for purposes of
4conducting hearings, a county school attendance review board
5shall meet as needed.

6(b) (1) Local school attendance review boards may include,
7but need not be limited to, all of the following:

8(A) A parent.

9(B) A representative of school districts.

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

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

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

13(F) A representative of law enforcement agencies.

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

15(H) A representative of school guidance personnel.

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

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

18(K) A representative of school, county, or community mental
19health personnel.

20(L) A representative of the county district attorney’s office. If
21more than one county is represented in a local school attendance
22review board, a representative from each county’s district attorney’s
23office may be included.

24(M) A representative of the county public defender’s office. If
25more than one county is represented in a county school attendance
26review board, a representative from each county’s public defender’s
27office may be included.

28(2) Other persons or group representatives shall be appointed
29by the county board of education.

30(c) A county school attendance review board may elect, pursuant
31to regulations adopted pursuant to Section 48324, one member as
32chairperson with responsibility for coordinating services of the
33county school attendance review board.

34(d) A county school attendance review board may provide for
35the establishment of local school attendance review boards in any
36number as shall be necessary to carry out the intent of this article.
37Local school attendance review boards shall be bound by the rules
38and regulations established pursuant to Section 48324.

39(e) A county school attendance review board shall provide
40begin delete oversight and coordinate activities of, and may provide consultant
P6    1services to,end delete
begin insert guidance toend insert local school attendance review boards.
2begin delete The county school attendance review board shall ensure that local
3school attendance review boards comply with the policies and
4procedures established by the county school attendance review
5board pursuant to Section 48324.end delete

6(f) If the county school attendance review board determines that
7the needs of pupils, as defined in this article, can best be served
8by a single board, the county school attendance review board may
9then serve as the school attendance review board for all pupils in
10the county, or, upon the request of any school district in the county,
11the county school attendance review board may serve as the school
12attendance review board for pupils of that school district.

13(g) Nothing in this article is intended to prohibit an agreement
14on the part of counties to provide these services on a regional basis.

15

SEC. 2.  

If the Commission on State Mandates determines that
16this act contains costs mandated by the state, reimbursement to
17local agencies and school districts for those costs shall be made
18pursuant to Part 7 (commencing with Section 17500) of Division
194 of Title 2 of the Government Code.



O

    95