AB 2141, as amended, Hall. Pupil attendance: truancy: referrals for prosecution.
Existing law defines a truant as any pupil subject to compulsory full-time education or to compulsory continuation education who is absent from school without a valid excuse 3 full days in one school year, or tardy or absent for more than any 30-minute period during the schoolday without a valid excuse on 3 occasions in one school year, or any combination thereof. Existing law provides that a pupil who is required to be reported as a truant is subject to specified penalties for the first to 4th instances that a truancy report is issued to a pupil, and, under certain circumstances, he or she may be judged a ward of the juvenile court. Existing law provides that a parent, guardian, or other person having control of or charge of any pupil who is a truant or chronic truant is guilty of, among other things, an infraction and subject to specified penalties for the first to 3rd or subsequent convictions.
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 or to the probation department for services if the probation department has elected to receive these referrals. Existing law, under specified circumstances, authorizes a school attendance review board to notify the district attorney or the probation officer, or both, if the district attorney or the probation officer has elected to participate in a truancy mediation program, as specified. Existing law, under specified circumstances, also authorizes a school attendance review board or probation officer to direct the county superintendent of schools to request a petition on behalf of the pupil in the juvenile court of the county.
This bill would require a state or localbegin delete authorityend deletebegin insert
agencyend insert
conducting a truancy-related mediation or prosecuting a pupil or a pupil’s parent or legal guardian pursuant to these provisions, among others, to provide thebegin delete pupil’send delete school district, school attendance review board, county superintendent of schools, probation department, or any other agency that referred the truancy-related mediation, criminal complaint, or petition with the outcome of each referral, as specified.begin delete The bill would require those agencies to, at the end of the school year, provide the county superintendent of schools with a report regarding the information they received.end delete The bill would require a state or local mediating or prosecutingbegin delete authorityend deletebegin insert agencyend insert
tobegin delete alsoend delete provide the information in anonymized format to the Attorney General upon request. By imposing additional duties on local officials, the 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 48297 is added to the Education Code,
2to read:
(a) (1) A state or localbegin delete authorityend deletebegin insert agencyend insert conducting a
4truancy-related mediation or prosecuting a pupil or a pupil’s parent
5or legal guardian pursuant to Article 5 (commencing with Section
648260), this article, Section 48454, Section 270.1 or 272 of the
7Penal Code, or Section 601 of the Welfare and Institutions Code,
8as applicable, shall provide, using the most cost-effective method
9possible, including, but not limited to, by electronic mail or
10telephone, the school district, school attendance review board,
11county superintendent of schools,
probation department, or any
12other agency that referred a truancy-related mediation, criminal
13complaint, or petition with the outcome of each referral. For
14purposes of this section, “outcome” includes, but is not limited to,
15the act or action taken by a state or local authority with respect to
16a truancy-related mediation, prosecution, criminal complaint, or
17petitionbegin delete and the effect of that act or action on the pupil during the .
18semester or trimester following the referralend delete
19(2) This subdivision shall apply to, but is not limited to, the
20referrals referenced in Article 5 (commencing with Section 48260),
21this article, Section 48454, Sections 270.1 and 272 of the Penal
22Code, and Sections 601, 601.2, and 601.3 of the Welfare and
23Institutions Code.
24(b) A state or local agency conducting a truancy-related
25mediation or prosecuting a pupil or a pupil’s parent or legal
26guardian pursuant to Article 5 (commencing with Section 48260),
27this article, Section 48454, Section 270.1 or 272 of the Penal Code,
28or Section 601 of the Welfare and Institutions Code, as applicable,
29shall, upon request, provide the Attorney General with the
30information specified in subdivision (a) in anonymized format.
31(c) A school district, school attendance review board, probation
32department, or any other agency that refers a truancy-related
33mediation, a criminal complaint, or petition for prosecution
34pursuant to Article 5 (commencing with Section 48260), this
35article, Section 48454, Section 270.1 or 272 of Penal Code, or
36Section 601 of the Welfare and Institutions Code, as applicable,
37shall, at the end of each school year, provide the county
P4 1superintendent of schools with a report regarding the information
2it receives pursuant to subdivision (a).
3(d)
end delete
4begin insert(c)end insert It is the intent of the Legislature to determine the best
5evidence-based practices to reduce truancy. Nothing in this section
6is intended to encourage additional referrals, complaints, petitions,
7or prosecutions, or to encourage more serious sanctions for pupils.
If the Commission on State Mandates determines that
9this act contains costs mandated by the state, reimbursement to
10local agencies and school districts for those costs shall be made
11pursuant to Part 7 (commencing with Section 17500) of Division
124 of Title 2 of the Government Code.
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