Amended in Senate July 1, 2014

Amended in Assembly May 23, 2014

Amended in Assembly April 7, 2014

California Legislature—2013–14 Regular Session

Assembly BillNo. 2141


Introduced by Assembly Members Hall and Bonta

(Coauthors: Assembly Members Bocanegra, Buchanan, Holden, and Skinner)

(Coauthor: Senator Monning)

February 20, 2014


An act to add Section 48297 to the Education Code, relating to pupil attendance.

LEGISLATIVE COUNSEL’S DIGEST

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 local agency 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 the 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. The bill would require a state or local mediating or prosecuting agency to 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:

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SECTION 1.  

Section 48297 is added to the Education Code,
2to read:

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48297.  

(a) (1) A state or local agency conducting a
2truancy-related mediation or prosecuting a pupil or a pupil’s parent
3or legal guardian pursuant to Article 5 (commencing with Section
448260), this article, Section 48454, Section 270.1 or 272 of the
5Penal Code, or Section 601 of the Welfare and Institutions Code,
6as applicable, shall provide, using the most cost-effective method
7possible, including, but not limited to, by electronic mail or
8telephone, the school district, school attendance review board,
9county superintendent of schools, probation department, or any
10other agency that referred a truancy-related mediation, criminal
11complaint, or petition with the outcome of each referral. For
12purposes of this section, “outcome” includes, but is not limited to,
13begin insertthe imposed conditions or terms placed on a pupil or a pupil’s
14parent or legal guardian and end insert
thebegin delete actend deletebegin insert actsend insert orbegin delete actionend deletebegin insert actionsend insert taken
15by a state or local authority with respect to a truancy-related
16mediation, prosecution, criminal complaint, or petition.

17(2) This subdivision shall apply to, but is not limited to, the
18referrals referenced in Article 5 (commencing with Section 48260),
19this article, Section 48454, Sections 270.1 and 272 of the Penal
20Code, and Sections 601, 601.2, and 601.3 of the Welfare and
21Institutions Code.

22(b) A state or local agency conducting a truancy-related
23mediation or prosecuting a pupil or a pupil’s parent or legal
24guardian pursuant to Article 5 (commencing with Section 48260),
25this article, Section 48454, Section 270.1 or 272 of the Penal Code,
26or Section 601 of the Welfare and Institutions Code, as applicable,
27shall, upon request, provide the Attorney General with the
28information specified in subdivision (a) in anonymized format.

29(c) It is the intent of the Legislature to determine the best
30evidence-based practices to reduce truancy. Nothing in this section
31is intended to encourage additional referrals, complaints, petitions,
32or prosecutions, or to encourage more serious sanctions for pupils.

33

SEC. 2.  

If the Commission on State Mandates determines that
34this act contains costs mandated by the state, reimbursement to
35local agencies and school districts for those costs shall be made
36pursuant to Part 7 (commencing with Section 17500) of Division
374 of Title 2 of the Government Code.



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