BILL ANALYSIS                                                                                                                                                                                                    Ó



                                                                    AB 2815


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          Date of Hearing:  May 4, 2016


                           ASSEMBLY COMMITTEE ON EDUCATION


                              Patrick O'Donnell, Chair


          AB 2815  
          (O'Donnell) - As Amended April 5, 2016


          SUBJECT:  Pupil attendance:  supervisors of attendance


          SUMMARY:  Authorizes a supervisor of attendance to provide  
          specified support services and take specified interventions.   
          Specifically, this bill:  


          1)Expresses the intent of the Legislature that in performing his  
            or her duties, a supervisor of attendance shall promote a  
            culture of attendance and establish a system to accurately  
            track pupil attendance in order to raise awareness of chronic  
            absenteeism, identify and address factors contributing to  
            chronic absenteeism and habitual truancy, and ensure that  
            pupils with attendance problems are identified as early as  
            possible in order to provide support services and  
            interventions.


          2)Authorizes a supervisor of attendance to provide support  
            services and interventions, including, but not limited to, any  
            or all of the following:


             a)   Hold a conference between school personnel, the pupil's  
               parent or guardian, and the pupil.








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             b)   Promote cocurricular and extracurricular activities that  
               increase pupil connectedness to school, such as tutoring,  
               mentoring, the arts, service learning, or athletics.


             c)   Recognize pupils who achieve excellent attendance or  
               demonstrate significant improvement in attendance.


             d)   Refer a pupil to a school nurse, school counselor,  
               school psychologist, school social worker, and other pupil  
               support personnel for case management and counseling.


             e)   Collaborate with child welfare services, law  
               enforcement, courts, public health care agencies, or  
               government agencies, or medical, mental health, and oral  
               health care providers to receive necessary services.


             f)   Collaborate with school study teams, guidance teams,  
               school attendance review teams, or other  
               intervention-related teams to assess the attendance or  
               behavior problem in partnership with the pupil and his or  
               her parents, guardians, or caregivers.


             g)   Identify barriers to attendance that may require  
               schoolwide strategies rather than case management in  
               schools with significantly higher rates of chronic  
               absenteeism.


             h)   Refer a pupil for a comprehensive psychosocial or  
               psychoeducational assessment, including for purposes of  
               creating an individualized education program for an  
               individual with exceptional needs, or plan adopted for a  








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               qualified handicapped person as that term is defined in  
               regulations promulgated by the United States Department of  
               Education pursuant to Section 504 of the federal  
               Rehabilitation Act of 1973 (29 U.S.C. Sec. 794).


             i)   Refer a pupil to a school attendance review board (SARB)  
               established by the county or by a school district or to the  
               probation department.


             j)   Refer a pupil to a truancy mediation program operated by  
               the county's district attorney or probation officer.


          EXISTING LAW:  



          1)Requires the governing board of a school district and any  
            county office of education (COE) to appoint a supervisor of  
            attendance and assistant supervisors of attendance as may be  
            necessary to supervise the attendance of pupils in the school  
            district or county.  Requires the governing board to prescribe  
            the duties of the supervisor or assistant supervisor to  
            include, among other duties that may be required by the  
            governing board, those specific duties related to compulsory  
            full-time education, truancy, work permits, compulsory  
            continuation education, and opportunity schools, classes, and  
            programs, now required of attendance supervisors.  (Education  
            Code (EC) Section 48240)



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








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            person having control or charge of the pupil ensure that  
            pupil's enrollment and attendance.  (EC Section 48200)

           

          3)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)



          4)Requires a school district, upon a pupil's initial  
            classification as a truant, to notify the pupil's parent or  
            guardian and provide them with specified information.  (EC  
            Section 48260.5)

          5)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 school attendance review board (SARB) or a  
            truancy mediation program.  (EC Section 48262)



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

          7)Authorizes a SARB to be established at the local and county  








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            level to provide intensive guidance and coordinated community  
            services to meet the needs of pupils with school attendance or  
            school behavior problems.  (EC Section 48320)  



          FISCAL EFFECT:  None.  This bill is keyed non-fiscal by the  
          Legislative Counsel.


          COMMENTS:  Truancy.  California's compulsory education law  
          requires all students between the ages of six and 18 to attend  
          school full-time and their parents and legal guardians to be  
          responsible for ensuring that children attend school.  A student  
          who is absent from school without a valid excuse, is tardy for  
          more than 30 minutes, or any combination thereof, on three days  
          in a school year is considered a truant.  Parents or legal  
          guardians are notified when their children has been classified  
          as a truant and are reminded of their obligation to compel the  
          attendance of pupils at school.  Upon a pupil's third truancy  
          (five absences and/or tardiness for more than 30 minutes) in a  
          school year and following a district's conscientious effort to  
          hold a conference with the parent or legal guardian of the pupil  
          and the pupil, a pupil is classified as a habitual truant and  
          may be referred to a SARB or to the local probation officer.   
          Upon a fourth truancy, students and/or their parents or legal  
          guardians may be fined.  In 2014-15, the California Department  
          of Education (CDE) reported a truancy rate of 31.43%, with two  
          million students out of a total enrollment of 6.2 million  
          considered truants.  


          Students who are chronically absent in lower grades are much  
          less likely to be proficient readers and have higher levels of  
          suspensions.  According to the CDE, chronic absence in the sixth  
          grade is the most predictive indicator that a student will not  
          graduate from high school.  










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          In 2013, the Attorney General's (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.


          This bill expresses the intent of the Legislature for attendance  
          supervisors, in addition to establishing a system to accurately  
          track pupil attendance, to promote a culture of attendance in  
          order to raise the awareness of the effects of chronic  
          absenteeism and truancy and to identify and address factors  
          contributing to truancy and absenteeism.   


          According to the author, the purpose of this bill is to update  
          the education code on the duties of attendance supervisors,  
          which were established in 1976.  Each district or COE is  
          required to appoint an attendance supervisor and assistant  
          attendance supervisors as necessary.  Historically, attendance  
          supervisors have had an enforcement role.  Over the last several  
          years, legislative and school-based policies have shifted from  
          tough disciplinary approaches to strategies that focus on how to  
          support students in order to compel students to attend school  
          and keep students at school.  Attendance supervisors play an  
          important role in coordinating and implementing these  
          strategies, including those authorized by this bill, such as  
          making referrals to school- and community-based services such as  
          counseling, special education services, SARBs, and social  
          welfare, health, mental health, and oral health services  
          provided by local governmental agencies.  The strategies also  
          include positive strategies, such as recognizing students who  
          have excellent attendance records or students who significantly  
          improve their attendance.   









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          The strategies proposed by this bill were developed by the state  
          SARB, established to encourage the cooperation, coordination and  
          development of strategies to support county SARBs in carrying  
          out their responsibilities to establish district SARBs.   
          Existing law requires county SARBs and authorizes local SARBs to  
          include, but need not be limited to, specified members from  
          school, local law enforcement, and community and county service  
          agencies.  SARBs meet with referred pupils and their  
          parents/legal guardians to assess their personal and family  
          situations that may cause pupils to be tardy or absent from  
          school on a regular basis and identify community/public  
          resources that may help pupils improve their attendance in  
          school, or refer pupils to law enforcement agencies, if  
          necessary.    


          Superintendent TomTorlakson, writing in support of the bill,  
          states, "While current law does recognize the importance of  
          attendance supervisors, it does not include a focus on  
          preventing truancy by improving school climate and analyzing  
          chronic absence data to provide early identification of  
          high-risk students for early intervention and access to  
          appropriate school and community services.  Attendance  
          supervisors are key personnel in our efforts to reduce truancy  
          and chronic absenteeism, and establishing alternatives to  
          out-of-school suspensions."  


          REGISTERED SUPPORT / OPPOSITION:




          Support


          Association of California School Administrators









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          Children Now


          Superintendent of Public Instruction Tom Torlakson




          Opposition


          None on file




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