BILL ANALYSIS                                                                                                                                                                                                    Ó



                                                                  AB 2141
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          Date of Hearing:   March 26, 2014

                           ASSEMBLY COMMITTEE ON EDUCATION
                                Joan Buchanan, Chair
             AB 2141 (Hall and Bonta) - As Introduced:  February 20, 2014
           
          SUBJECT  :   Pupil attendance: truancy: referrals for prosecution

           SUMMARY  :  Requires a state or local authority conducting a  
          truancy-related mediation or prosecuting a pupil or a pupil's  
          parent or legal guardian to provide the outcome of each referral  
          to the agency that made a referral.  Specifically,  this bill  :

          1)Requires a state or local authority conducting a  
            truancy-related mediation or prosecuting a pupil or a pupil's  
            parent or legal guardian to use the most cost-effective method  
            possible, including, but not limited to, by electronic mail or  
            telephone, to make the report to the school district, school  
            attendance review board (SARB), county superintendent of  
            schools, probation department, or any other agency that  
            referred a truancy-related mediation, criminal complaint, or  
            petition with the outcome of each referral.  

          2)Specifies that the requirements pursuant to this bill apply to  
            referrals made pursuant to compulsory education and child  
            welfare laws specified in the Education Code, Penal Code and  
            Welfare and Institutions Code.  

          3)Requires a state or local authority conducting a  
            truancy-related mediation or prosecuting a pupil or a pupil's  
            parent or legal guardian to, upon request, provide the  
            Attorney General with the outcome of each referral in  
            anonymized format.

          4)Requires a school district, SARB, probation department, or any  
            other agency that refers a truancy-related mediation, a  
            criminal complaint, or petition for prosecution to, at the end  
            of each school year, provide the county superintendent of  
            schools with a report regarding the information it receives  
            pursuant to this bill.  

           EXISTING LAW  :


          1)Requires that each person between the ages of 6 and 18 years,  








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            not otherwise exempted, be subject to compulsory full-time  
            education and attend the public full-time day school or  
            continuation school or classes in which their parent or  
            guardian resides, and that each parent, guardian or other  
            person having control or charge of the pupil ensure that  
            pupils enrollment and attendance.  (Education Code (EC)  
            Section 48200)



          2)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 three 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 three occasions in one school year, or any combination  
            thereof.  (EC Section 48260)


          3)Requires a school district, upon a pupil's initial  
            classification as a truant, to notify the pupil's parent or  
            guardian that:

             a)   The pupil is:
               i)     Truant.
               ii)    May be subject to prosecution.
               iii)   May be subject to suspension, restriction, or delay  
                 of the pupil's driving privilege.
                 
             b)   The parent or guardian:
               i)     Is obligated to compel the attendance of the pupil  
                 at school.
               ii)    May be guilty of an infraction and subject to  
                 prosecution, if they fail to meet this obligation.
               iii)   Has the right to meet with appropriate school  
                 personnel to discuss solutions to the pupil's truancy.

             c)   Alternative educational programs are available in the  
               district.

             d)   It is recommended that the parent or guardian accompany  
               the pupil to school and attend classes with the pupil for  
               one day.  (EC Section 48260.5)

          4)Specifies that the first time a truancy report is required,  








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            the pupil may be personally given a written warning by any  
            peace officer specified in Section 830.1 of the Penal Code.  A  
            record of the written warning may be kept at the school for a  
            period of not less than two years, or until the pupil  
            graduates, or transfers, from that school.  If the pupil  
            transfers, the record may be forwarded to any school receiving  
            the pupil's school records.  A record of the written warning  
            may be maintained by the law enforcement agency in accordance  
            with that law enforcement agency's policies and procedures.   
            (EC Section 48264.5)

          5)Specifies that the second time a truancy report is required  
            within the same school year, the pupil may be assigned by the  
            school to an afterschool or weekend study program located  
            within the same county as the pupil's school.  If the pupil  
            fails to successfully complete the assigned study program, the  
            pupil shall be subject to the provisions governing the third  
            time a truancy report is required.  (EC Section 48264.5)

          6)Defines a "habitual truant" as any pupil who has been reported  
            as a truant three or more times per school year, where an  
            appropriate district officer or employee had made a  
            conscientious effort to hold at least one conference with a  
            parent and the pupil, after the filing of either a truancy  
            report to the attendance supervisor or district  
            superintendent.  Specifies that a habitual truant may be  
            referred to a SARB or a truancy mediation program (EC Section  
            48262)

          7)Defines a "chronic truant" as any pupil subject to compulsory  
            education who is absent from school without a valid excuse for  
            10% or more of the schooldays in one school year, from the  
            date of enrollment to the current date.  (EC Section 48263.6)

          8)Authorizes a SARB to notify the district attorney or probation  
            officer, if it is determined that services cannot solve the  
            problem, or if the pupil and/or parent have failed to respond  
            to directives.  (EC Section 48263.5)

          9)Establishes a truancy mediation program, and authorizes the  
            district attorney or probation officer to request that the  
            parents and truant pupil attend a meeting to discuss the  
            possible legal consequences of the child's truancy.  (EC  
            Sections 48260 and 48263.5)









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          10)   Authorizes the attendance supervisor or his or her  
            designee, a peace officer, a school administrator or his or  
            her designee, or a probation officer to arrest or assume  
            temporary custody, during school hours, of a minor found away  
            from home and absent from school without a valid excuse.  (EC  
            Section 48264)

           FISCAL EFFECT  :  Unknown

           COMMENTS  :  California's compulsory education law requires all  
          students between the ages of six and 18 to attend school  
          full-time and requires their parents and legal guardians to be  
          responsible for ensuring that children attend school.  In  
          2011-12, the California Department of Education (CDE) reported a  
          truancy rate of 28.5%, down from 29.76% in 2010-11; with 1.829  
          million students out of a total enrollment of 6.2 million  
          considered truants.  

          A student who is absent from school without a valid excuse three  
          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 three occasions in one school year, or any combination  
          thereof, is considered a truant.  Parents or legal guardians are  
          notified when their children has been classified as a truant and  
          are provided specified information, including a reminder of  
          their obligation to compel the attendance of pupils at school,  
          that parents or legal guardians who fail to meet this obligation  
          may be guilty of an infraction and subject to prosecution, that  
          alternative educational programs are available, and that the  
          parents or the legal guardians have the right to meet with  
          appropriate school personnel to discuss solutions to the pupil's  
          truancy.  

          Existing law specifies actions that may or shall be undertaken  
          each time a truancy report is required.  Existing law authorizes  
          a peace officer to give a written warning upon a first truancy  
          report.  The record of the warning is kept for two years and may  
          be transferred to a new school if the pupil changes school.  

          Upon a pupil's third truancy in a school year and after a school  
          or district personnel has made a conscientious effort to meet  
          with the parent and pupil, a pupil is classified as a habitual  
          truant and may be referred to a SARB or to the local probation  
          officer.  A SARB can be formed by a county office of education,  
          a school district, or by two or more school districts, and can  








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          be comprised of representatives of school districts, county  
          social services agencies, and law enforcement agencies.  SARBs  
          were devised to address pupil attendance and behavioral problems  
          by investigating the reasons for the problems and referring  
          students and/or parents or guardians to community or social  
          services or to law enforcement, if necessary.  SARBs may also  
          refer a pupil to a truancy mediation program, whereby the  
          district attorney or the probation officer may notify the  
          parents or guardians that they may be subject to prosecution for  
          failure to compel the pupil to attend school, or request the  
          pupil and his/her parents or guardians to attend a meeting at  
          the district attorney's office or at the probation department.  

          A fourth truancy puts the pupil within the jurisdiction of the  
          juvenile court and may deem the pupil a ward of the court.  If  
          the pupil is adjudged a ward of the court, the pupil may be  
          required to do court-approved community service, attend a  
          court-approved truancy prevention program, have his or her  
          driving privileges suspended or revoked, and/or pay a fine of  
          $100.  Parents or legal guardians in charge of any pupil who  
          fails to compel a pupil to attend school is guilty of an  
          infraction and may be fined between $100 and $500 based upon the  
          number of convictions.  Under the Penal Code, a parent or  
          guardian of a pupil of in kindergarten through grade 8 and who  
          is subject to compulsory education, whose child is a chronic  
          truant, who has failed to reasonably supervise and encourage the  
          pupil's school attendance, and who has been offered  
          language-accessible support services to address the pupil's  
          truancy is guilty of a misdemeanor punishable by a fine not  
          exceeding $2,000, or by imprisonment in the county jail not  
          exceeding one year, or by both that fine and imprisonment.  A  
          parent or guardian guilty of a misdemeanor may participate in  
          the deferred entry of judgment program.

          This bill is part of a package of truancy-related bills  
          sponsored by Attorney General (AG) Kamala Harris.  Last fall,  
          the AG's office released a report titled "In School and On  
          Track" on truancy of elementary school kids.  Calling it a  
          crisis, the AG argues that truancy at the elementary level has  
          negative impacts on the students, who are more likely to drop  
          out of high school; on public safety, when students become more  
          likely to become involved with gangs, substance abuse, and  
          incarceration; on school districts, who lose attendance dollars;  
          and on the economy, due to lost economic productivity and  
          revenues.  In the course of conducting the report, the AG found  








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          that attendance, truancy, and SARB data were not readily  
          available.  Consequently, several of the bills sponsored by the  
          AG, including this bill, focus on data collection.  

          AB 2141 focuses on getting information on cases that have been  
          referred to state or local authorities conducting a  
          truancy-related mediation or prosecuting a pupil or a pupil's  
          parent or legal guardian.  Specifically, the bill requires state  
          or local authorities to report the outcome of each referral to  
          the referring agency, which could include the school district,  
          SARB, county superintendent of schools, probation department, or  
          any other agency that made the referral, using the most  
          cost-effective method (e.g., by electronic mail or telephone).   
          The entities that receive the information are required, at the  
          end of each school year, to provide the county superintendent of  
          schools with a report.  The bill also requires state or local  
          authorities to provide the AG with the information in an  
          anonymized format upon his or her request.  

          What types of "outcomes"?  It is not clear whether outcome means  
          the actions taken by the state or local authority or the impact  
          on the student following the intervention by a state or local  
          authority.  Staff recommends clarifying that "outcomes" means  
          both the type of actions taken and the impact on students during  
          the semester or trimester following the referral.   

           Arguments in support  .  The authors state, "AB 2141 would enhance  
          communication regarding truancy cases referred for mediation and  
          prosecution so that school districts, superintendents, School  
          Attendance Review Boards, the Superintendent of Public  
          Instruction and the Attorney General can develop effective  
          truancy prevention and intervention strategies."  

           Arguments in opposition  .  Public Counsel opposes the bill and  
          states, "We recognize the authors and sponsor are hoping to  
          collect data about current truancy proceedings.  However,  
          without proper language regarding the intended use for the data  
          collected and the purposes for its collection, we are concerned  
          that the bill will have the unintended effect of increasing  
          prosecutions of student and parents/legal guardians and forcing  
          more young people into the juvenile justice system, an outcome  
          which will increase students' likelihood of dropout."   

          Staff recommends adding intent language to clarify that the  
          purpose of the bill is to collect information on best practices  








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          to reduce truancy and not to encourage additional sanctions on  
          pupils.  
           Related legislation  .  AB 1643 (Buchanan), pending in this  
          Committee, requires the establishment of county SARBs, requires  
          county SARBs to meet at least four times each year, adds the  
          county district attorney as a member of county and local SARBs,  
          and specifies that county and local SARBs shall not convene  
          without the presence of two-thirds of its members.  

          AB 1672 (Bradford), scheduled for the March 26th hearing,  
          requires a school district to report specified information  
          regarding the district's SARB to the county superintendent of  
          schools and the state Superintendent of Public Instruction.  The  
          bill also requires the county office of education to make the  
          information available on its Internet Web site.  

          AB 1866 (Bocanegra), scheduled for the March 26th hearing, adds  
          truancy-related elements to the pupil attendance data that the  
          CDE is required to collect and report through the California  
          Longitudinal Pupil Achievement Data System (CALPADS).   

          SB 1107 (Monning), pending in the Senate, requires the AG to  
          issue an annual report on elementary school truancy and chronic  
          absenteeism.

           REGISTERED SUPPORT / OPPOSITION  :   

           Support 
           
          Attorney General Kamala D. Harris (sponsor)
          Alameda County District Attorney Nancy E. O'Malley
          American Federation of State, County and Municipal Employees
          Association of Black Correctional Workers
          Continuing the Dream, California Department of Corrections &  
          Rehabilitation
          District Attorney of Santa Barbara County Joyce E. Dudley
          King County Office of Education 
          King County Superintendent of Schools Tim Bowers
          Los Angeles City Attorney Mike Feuer
          Los Angeles County District Attorney's Office
          Los Angeles Unified School District
          Political Clergy Council
          San Francisco District Attorney George Gascon
          Service Employees International Union
          Special Needs Network








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          Stockton Unified School District Superintendent Dr. Steven  
          Lowder
          Two individuals

           Opposition 
           
          Public Counsel
           
          Analysis Prepared by  :    Sophia Kwong Kim / ED. / (916) 319-2087