BILL NUMBER: AB 1643 AMENDED
BILL TEXT
AMENDED IN SENATE JUNE 12, 2014
AMENDED IN ASSEMBLY MAY 23, 2014
AMENDED IN ASSEMBLY APRIL 22, 2014
AMENDED IN ASSEMBLY APRIL 2, 2014
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
(1) 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, including, among other things,
to develop guidelines, policies, or programs to administer the
county school attendance review board and
to advise the local school attendance review boards,
and to provide oversight over local school attendance review boards,
as specified. 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. 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
(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.
This bill would instead require a county
school attendance review board to meet at the beginning of
the each 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.
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. The
(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.
This bill would instead require a county school attendance review
board to provide guidance to local school attendance review boards.
(4) This bill would also make
conforming and nonsubstantive changes.
(5) By imposing new duties on local officials, this bill would
impose a state-mandated local program.
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:
SECTION 1. Section 48321 of the Education Code is amended to read:
48321. (a) (1) A county school attendance review board shall be
established in each county. The primary purpose of the county school
attendance review board shall be to develop guidelines, policies, or
programs, consistent with Section 48320 and subdivision (a) of
Section 48325, to administer the county and
school attendance review board, to advise the local school
attendance review boards boards, and
to adopt plans to promote interagency and community
cooperation in order to address attendance and behavioral problems,
improve the coordination and level of community and school-based
programs provided to pupils and their families, and prevent entry
into the juvenile justice system. The county school attendance review
board may accept referrals or requests for hearing services from one
or more school districts within its jurisdiction, pursuant to
subdivision (f). A county school attendance review board may be
operated through a consortium or partnership of a county with one or
more school districts or between two or more counties.
(2) For purposes of developing guidelines and policies specified
in paragraph (1), the county school attendance review board shall
include, but need not be limited to, all of the following:
(A) A parent.
(B) A representative of school districts.
(C) A representative of the county probation department.
(D) A representative of the county welfare department.
(E) A representative of the county superintendent of schools.
(F) A representative of law enforcement agencies.
(G) A representative of community-based youth service centers.
(H) A representative of school guidance personnel.
(I) A representative of child welfare and attendance personnel.
(J) A representative of school or county health care personnel.
(K) A representative of school, county, or community mental health
personnel.
(L) A representative of the county district attorney's office. If
more than one county is represented in a county school attendance
review board, a representative from each county's district attorney's
office may be included.
(M) A representative of the county public defender's office. If
more than one county is represented in a county school attendance
review board, a representative from each county's public defender's
office may be included.
(3) Notwithstanding paragraph (2), for purposes of conducting
hearings, the chairperson of the county school attendance review
board is authorized to determine the members needed at a hearing,
based on the needs of the pupil, in order to address attendance or
behavioral problems.
(4) The school district representatives on the county school
attendance review board shall be nominated by the governing boards of
school districts and shall be appointed by the county superintendent
of schools. All other persons and group representatives shall be
appointed by the county board of education.
(5) (A) A county superintendent of schools shall, at the beginning
of each school year, convene a meeting of the county school
attendance review board for purposes of developing guidelines and
policies and adopting plans pursuant to paragraph (1). A county
school attendance review board shall meet at least three additional
times each school year to assess the effectiveness of services and
supports that its school attendance review boards provide to youth
and their families, and to assess whether the local school attendance
review boards subject to its oversight
within the county are improving the attendance and educational
outcomes for pupils.
(B) Notwithstanding subparagraph (A), for purposes of conducting
hearings, a county school attendance review board shall meet as
needed.
(b) (1) Local school attendance review boards may include, but
need not be limited to, all of the following:
(A) A parent.
(B) A representative of school districts.
(C) A representative of the county probation department.
(D) A representative of the county welfare department.
(E) A representative of the county superintendent of schools.
(F) A representative of law enforcement agencies.
(G) A representative of community-based youth service centers.
(H) A representative of school guidance personnel.
(I) A representative of child welfare and attendance personnel.
(J) A representative of school or county health care personnel.
(K) A representative of school, county, or community mental health
personnel.
(L) A representative of the county district attorney's office. If
more than one county is represented in a local school attendance
review board, a representative from each county's district attorney's
office may be included.
(M) A representative of the county public defender's office. If
more than one county is represented in a county school attendance
review board, a representative from each county's public defender's
office may be included.
(2) Other persons or group representatives shall be appointed by
the county board of education.
(c) A county school attendance review board may elect, pursuant to
regulations adopted pursuant to Section 48324, one member as
chairperson with responsibility for coordinating services of the
county school attendance review board.
(d) A county school attendance review board may provide for the
establishment of local school attendance review boards in any number
as shall be necessary to carry out the intent of this article. Local
school attendance review boards shall be bound by the rules and
regulations established pursuant to Section 48324.
(e) A county school attendance review board shall provide
oversight and coordinate activities of, and may provide consultant
services to, guidance to local school attendance
review boards. The county school attendance review board
shall ensure that local school attendance review boards comply with
the policies and procedures established by the county school
attendance review board pursuant to Section 48324.
(f) If the county school attendance review board determines that
the needs of pupils, as defined in this article, can best be served
by a single board, the county school attendance review board may then
serve as the school attendance review board for all pupils in the
county, or, upon the request of any school district in the county,
the county school attendance review board may serve as the school
attendance review board for pupils of that school district.
(g) Nothing in this article is intended to prohibit an agreement
on the part of counties to provide these services on a regional
basis.
SEC. 2. If the Commission on State Mandates determines that this
act contains costs mandated by the state, reimbursement to local
agencies and school districts for those costs shall be made pursuant
to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of
the Government Code.