BILL NUMBER: AB 1643 AMENDED
BILL TEXT
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
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 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.
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 would 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 would specify that, for purposes of
conducting hearings, the county school attendance review board is
required authorized 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 instead require authorize
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
no . State-mandated local program: yes
no .
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 may 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 school attendance review board, to advise
the local school attendance review 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 A
county school attendance review board board,
if established, 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 If a county school attendance
review board exists, the 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 within the county
are improving the attendance and educational outcomes for pupils.
adopting plans to promote interagency and community
cooperation and to reduce the duplication of services provided to
youth who have serious school attendance and behavior problems.
(B) Notwithstanding subparagraph (A), for purposes of conducting
hearings, a county school attendance review board shall
may 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) In any county in which there is no county school attendance
review board, a school district governing board may elect to
establish a local school attendance review board, which shall operate
in the same manner and have the same authority as a county school
attendance review board.
(e)
(f) A county school attendance review board
shall may provide guidance to local school
attendance review boards.
(f)
(g) 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)
(h) 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.