BILL ANALYSIS                                                                                                                                                                                                    Ó



          SENATE COMMITTEE ON EDUCATION
                              Senator Carol Liu, Chair
                                2015 - 2016  Regular 

          Bill No:             AB 2815            
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          |Author:    |O'Donnell                                            |
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          |Version:   |May 19, 2016                             Hearing     |
          |           |Date:   June 15, 2016                                |
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          |Urgency:   |No                     |Fiscal:    |No               |
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          |Consultant:|Lenin DelCastillo                                    |
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          Subject:  Pupil attendance:  supervisors of attendance

          
          NOTE:  This bill has been referred to the Committees on  
          Education and Appropriations.  A "do pass" motion should include  
          referral to the Committee on Appropriations.

            SUMMARY
          
          This bill adds legislative intent language specifying that a  
          supervisor of attendance shall promote a culture of attendance  
          and establish a system to accurately track pupil attendance in  
          order to, among other things, raise awareness of chronic  
          absenteeism and identify and address factors contributing to  
          chronic absenteeism and habitual truancy.  

            BACKGROUND
          
          Existing law:

             1)   Requires the governing board of a school district and  
               county to appoint a supervisor of attendance and such  
               supervisors of attendance as necessary to supervise the  
               attendance of students in the district or county.  Requires  
               that the duties of the supervisor be prescribed to include,  
               among other duties, those specific duties related to  
               compulsory full-time education, truancy, work permits,  
               compulsory continuation education, and opportunity schools,  
               classes, and programs.  (Education Code § 48240)
           







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             2)   Provides that any pupil subject to compulsory full-time  
               education or to compulsory continuation education who is  
               absent from school without a valid excuse on any day or is  
               tardy for more than 30 minutes, or any combination thereof,  
               for three days in a school year shall be classified as  
               "truant."  

             3)   Provides that a valid excuse may include other reasons  
               that are within the discretion of school administrators and  
               based on the facts of the pupil's circumstances.   
               (Education Code § 48260)

             4)   Establishes the Safe Neighborhoods and Schools Act which  
               was approved by voters as Proposition 47 in November 2014  
               and makes significant changes to the state's criminal  
               justice system.  It reduces the penalties for certain  
               non-violent, non-serious drug and property crimes, and  
               requires that the resulting state savings be spent on 1)  
               mental health and substance use services; 2) truancy and  
               dropout prevention; and 3) victim services.  

             5)   Requires that 25 percent of the Safe Neighborhoods  
               School Fund be allocated to the California Department of  
               Education (CDE) to administer a grant program to reduce  
               truancy, high school dropout, and student victimization  
               rates.  

            ANALYSIS
          
          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 achieve all  
               of the following:


                    a)             Raise the awareness of the effects of  
                    chronic absenteeism and truancy and other challenges  
                    associated with poor attendance, as specified. 


                    b)             Identify and respond to grade level or  








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                    pupil subgroup patterns of chronic absenteeism or  
                    truancy.


                    c)             Identify and address factors  
                    contributing to chronic absenteeism and habitual  
                    truancy, including suspension and expulsion.


                    d)             Ensure that pupils with attendance  
                    problems are identified as early as possible in order  
                    to provide applicable support services and  
                    interventions.


                    e)             Evaluate the effectiveness of  
                    strategies implemented to reduce chronic absenteeism  
                    rates and truancy rates.


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


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


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


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


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








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                    e)             Collaboration 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)             Collaborating 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)             Referral 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 qualified handicapped  
                    person as that term is defined in regulations  
                    promulgated by the United States Department of  
                    Education pursuant to federal Rehabilitation Act of  
                    1973 Section 504. (29, United States Code § 794)


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


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










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          3)   Clarifies that county means a county superintendent of  
               schools.


          4)   Replaces a reference to "board of school trustees of any  
               district of a county" with the "governing board of a school  
               district."

          STAFF COMMENTS
          
          1)   Need for the bill.  According to the author's office, the  
               purpose of this bill is to update the duties of attendance  
               supervisors which were established in 1976.  "Over the last  
               several years, much attention has been placed on pupil  
               attendance; specifically, how to reduce truancy and chronic  
               absenteeism, and establishing alternatives to out-of-school  
               suspensions.  The attendance supervisors play an important  
               role in reducing truancy, including using attendance data  
               to provide early identification of high-risk students for  
               early intervention and facilitating access to appropriate  
               school and community services.  It is time to update the  
               role and duties of attendance supervisors as facilitators  
               of pupil attendance rather than simply enforcement  
               officials."   

          2)   School attendance review board (SARB).  According to  
               information provided by the author, 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.  District and  
               county SARBs, comprised of representatives from schools,  
               local services agencies, and local law enforcement  
               agencies, 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.    

          3)   Truancy in schools.  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  








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               attend school.  A student who is absent from school without  
               a valid excuse for more than 30 minutes on three days in a  
               school year is considered a truant.  Parents or legal  
               guardians are notified when their children have 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 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 school attendance review board (SARB) or to  
               the local probation officer.  Upon a fourth truancy,  
               students and/or their parents or legal guardians may be  
               fined.  In 2012-13, the California Department of Education  
               (CDE) reported a truancy rate of 29.28%, with 1.9 million  
               students out of a total enrollment of 6.2 million  
               considered truants.  

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

          4)   Attorney General's office report.  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.

          5)   Related legislation.  AB 1014 (Thurmond, 2015).  This bill  
               establishes the Our Children's Success - The Early  
               Intervention Attendance Pilot Grant Program for the purpose  
               of helping public schools resolve attendance problems of  
               pupils in kindergarten or grades 1 to 3.This bill is on the  
               inactive file on the Senate Floor.

            SUPPORT
          








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          Association of California School Administrators
          Attorney General 
          California Association of Supervisors of Child Welfare and  
          Attendance
          Children Now
          Superintendent of Public Instruction 

            



          OPPOSITION
           
           None received.

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