BILL NUMBER: SB 1148 AMENDED
BILL TEXT
AMENDED IN SENATE APRIL 6, 2010
INTRODUCED BY Senator Alquist
FEBRUARY 18, 2010
An act to amend Section 48260 of the Education Code,
relating to An act to amend Section 48264.5 of, and to
add Section 48263.6 to, the Education Code, relating to pupil
attendance.
LEGISLATIVE COUNSEL'S DIGEST
SB 1148, as amended, Alquist. Pupil attendance.
attendance: chronic truancy.
Existing
(1) 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
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.
This bill would define a chronic truant as any pupil subject to
compulsory full-time education or to compulsory continuing education
who is absent from school without valid excuse for 10% or more of the
schooldays in one school year , from the date of enrollment to
the current date, provided that the appropriate school district
officer or employee has complied with specified provisions of law
.
(2) Existing law requires school districts to establish, maintain,
and destroy pupil records according to regulations adopted by the
State Board of Education. Existing law requires these regulations to
establish state policy as to what items of information shall be
placed into pupil records.
This bill would require that, if a pupil is determined to be a
chronic truant, this information be placed in the pupil's permanent
record. Because this requirement would increase the duties of school
districts, it would impose a state-mandated local program.
(3) 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: no
yes . State-mandated local program: no
yes .
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 48263.6 is added to the
Education Code , to read:
48263.6. Any pupil subject to compulsory full-time education or
to compulsory continuation education who is absent from school
without valid excuse for 10 percent or more of the schooldays in one
school year, from the date of enrollment to the current date, is
deemed a chronic truant, provided that the appropriate school
district officer or employee has complied with Sections 48260,
48260.5, 48261, 48262, 48263, and 48291.
SEC. 2. Section 48264.5 of the Education
Code is amended to read:
48264.5. Any minor who is required to be reported as a truant
pursuant to Section 48260 or 48261 may be required to attend makeup
classes conducted on one day of a weekend pursuant to subdivision (c)
of Section 37223 and is subject to the following:
(a) The first time a truancy report is required, 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. If a pupil is
determined to be a chronic truant, as defined in Section 48263.6,
that information shall be recorded in the pupil's permanent record.
(b) 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 subdivision
(c).
(c) The third time a truancy report is required within the same
school year, the pupil shall be classified a habitual truant, as
defined in Section 48262, and may be referred to, and required to
attend, an attendance review board or a truancy mediation program
pursuant to Section 48263 or pursuant to Section 601.3 of the Welfare
and Institutions Code. If the district does not have a truancy
mediation program, the pupil may be required to attend a comparable
program deemed acceptable by the school district's attendance
supervisor. If the pupil does not successfully complete the truancy
mediation program or other similar program, the pupil shall be
subject to subdivision (d).
(d) The fourth time a truancy is required to be reported within
the same school year, the pupil shall be within the jurisdiction of
the juvenile court which may adjudge the pupil to be a ward of the
court pursuant to Section 601 of the Welfare and Institutions Code.
If the pupil is adjudged a ward of the court, the pupil shall be
required to do one or more of the following:
(1) Performance at court-approved community services sponsored by
either a public or private nonprofit agency for not less than 20
hours but not more than 40 hours over a period not to exceed 90 days,
during a time other than the pupil's hours of school attendance or
employment. The probation officer shall report to the court the
failure of the pupil to comply with this paragraph.
(2) Payment of a fine by the pupil of not more than one hundred
dollars ($100) for which a parent or guardian of the pupil may be
jointly liable.
(3) Attendance of a court-approved truancy prevention program.
(4) Suspension or revocation of driving privileges pursuant to
Section 13202.7 of the Vehicle Code. This subdivision shall apply
only to a pupil who has attended a school attendance review board
program, a program operated by a probation department acting as a
school attendance review board, or a truancy mediation program
pursuant to subdivision (c).
SEC. 3. If the Commission on State Mandates
determines that this act contains costs mandated by the state,
reimbursement to local agencies and school districts for those costs
shall be made pursuant to Part 7 (commencing with Section 17500) of
Division 4 of Title 2 of the Government Code.
SECTION 1. Section 48260 of the Education Code
is amended to read:
48260. (a) Any pupil subject to compulsory full-time education or
to compulsory continuation education who is absent from school
without 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 a truant and shall be reported to the
attendance supervisor or to the superintendent of the school
district.
(b) Any pupil subject to compulsory full-time education or to
compulsory continuing education who is absent from school without
valid excuse for 10 percent or more of the schooldays in one school
year is a chronic truant.
(c) Notwithstanding subdivisions (a) and (b), it is the intent of
the Legislature that school districts shall not change the method of
attendance accounting provided for in existing law and shall not be
required to employ period-by-period attendance accounting.