Amended in Senate August 19, 2014

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.

(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.

This bill wouldbegin delete require, rather than authorize, the establishment of a county school attendance review board in each county, and wouldend delete authorize a county school attendance review board to accept referrals or requests for hearing services from one or more school districts within its jurisdiction.begin delete 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.end 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. 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.

(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 wouldbegin delete instead require a county school attendance review board to meet at the beginning of 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 wouldend delete specify that, for purposes of conducting hearings, the county school attendance review board isbegin delete requiredend deletebegin insert authorizedend insert to meet as needed, and would further authorize the county school attendance review board to determine the members needed at those hearings, as specified.

(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 insteadbegin delete requireend deletebegin insert authorizeend insert 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.

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

end delete
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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.

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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.

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Vote: majority. Appropriation: no. Fiscal committee: begin deleteyes end deletebegin insertnoend insert. State-mandated local program: begin deleteyes end deletebegin insertnoend insert.

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 boardbegin delete shallend delete
4begin insert mayend insert be established in each county. begin delete The primary purpose of the
5county school attendance review board shall be to develop
6guidelines, policies, or programs, consistent with Section 48320
7and subdivision (a) of Section 48325, to administer the county
8school attendance review board, to advise the local school
9attendance review boards, and to 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.end delete
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) begin deleteFor purposes of developing guidelines and policies specified
21in paragraph (1), the end delete
begin insertA end insertcounty school attendance reviewbegin delete boardend delete
22begin insert board, if established,end insert shall include, but need not be limited to, all
23of 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.

P4    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 county 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(3) Notwithstanding paragraph (2), for purposes of conducting
14hearings, the chairperson of the county school attendance review
15board is authorized to determine the members needed at a hearing,
16based on the needs of the pupil, in order to address attendance or
17behavioral problems.

18(4) The school district representatives on the county school
19attendance review board shall be nominated by the governing
20boards of school districts and shall be appointed by the county
21superintendent of schools. All other persons and group
22representatives shall be appointed by the county board of education.

23(5) (A) begin deleteA end deletebegin insertIf a county school attendance review board exists,
24theend insert
county superintendent of schools shall, at the beginning of each
25school year, convene a meeting of the county school attendance
26review board for purposes ofbegin delete developing guidelines and policies
27and adopting plans pursuant to paragraph (1). A county school
28attendance review board shall meet at least three additional times
29each school year to assess the effectiveness of services and supports
30that its school attendance review boards provide to youth and their
31families, and to assess whether the local school attendance review
32boards within the county are improving the attendance and
33educational outcomes for pupils.end delete
begin insert adopting plans to promote
34interagency and community cooperation and to reduce the
35duplication of services provided to youth who have serious school
36attendance and behavior problems.end insert

37(B) Notwithstanding subparagraph (A), for purposes of
38conducting hearings, a county school attendance review board
39begin delete shallend deletebegin insert mayend insert meet as needed.

P5    1(b) (1) Local school attendance review boards may include,
2but need not be limited to, all of the following:

3(A) A parent.

4(B) A representative of school districts.

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

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

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

8(F) A representative of law enforcement agencies.

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

10(H) A representative of school guidance personnel.

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

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

13(K) A representative of school, county, or community mental
14health personnel.

15(L) A representative of the county district attorney’s office. If
16more than one county is represented in a local school attendance
17review board, a representative from each county’s district attorney’s
18office may be included.

19(M) A representative of the county public defender’s office. If
20more than one county is represented in a county school attendance
21review board, a representative from each county’s public defender’s
22office may be included.

23(2) Other persons or group representatives shall be appointed
24by the county board of education.

25(c) A county school attendance review board may elect, pursuant
26to regulations adopted pursuant to Section 48324, one member as
27chairperson with responsibility for coordinating services of the
28county school attendance review board.

29(d) A county school attendance review board may provide for
30the establishment of local school attendance review boards in any
31number as shall be necessary to carry out the intent of this article.
32begin delete Local school attendance review boards shall be bound by the rules
33and regulations established pursuant to Section 48324.end delete

begin insert

34(e) In any county in which there is no county school attendance
35review board, a school district governing board may elect to
36establish a local school attendance review board, which shall
37operate in the same manner and have the same authority as a
38county school attendance review board.

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39(e)

end delete

P6    1begin insert(f)end insert A county school attendance review boardbegin delete shallend deletebegin insert mayend insert provide
2 guidance to local school attendance review boards.

begin delete

3(f)

end delete

4begin insert(g)end insert If the county school attendance review board determines
5that the needs of pupils, as defined in this article, can best be served
6by a single board, the county school attendance review board may
7then serve as the school attendance review board for all pupils in
8the county, or, upon the request of any school district in the county,
9the county school attendance review board may serve as the school
10attendance review board for pupils of that school district.

begin delete

11(g)

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12begin insert(h)end insert Nothing in this article is intended to prohibit an agreement
13on the part of counties to provide these services on a regional basis.

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14

SEC. 2.  

If the Commission on State Mandates determines that
15this act contains costs mandated by the state, reimbursement to
16local agencies and school districts for those costs shall be made
17pursuant to Part 7 (commencing with Section 17500) of Division
184 of Title 2 of the Government Code.

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