BILL ANALYSIS
SENATE COMMITTEE ON EDUCATION
Gloria Romero, Chair
2009-2010 Regular Session
BILL NO: SB 1148
AUTHOR: Alquist
AMENDED: April 6, 2010
FISCAL COMM: Yes HEARING DATE: April 14, 2010
URGENCY: No CONSULTANT:Lynn Lorber
SUBJECT : Chronically truant pupils.
KEY POLICY ISSUES
Should the Legislature create a new category of "chronic
truant," defined as a pupil who is absent from school without
a valid excuse for at least 10 percent of the school year?
Should schools be required to take any action once a pupil is
identified as chronically truant, such as provide
interventions or impose penalties upon the pupil?
Should a pupil's permanent school record indicate if he or
she is a chronic truant?
SUMMARY
This bill deems as a chronic truant any pupil who is absent
from school without a valid excuse for at least 10 percent of
the school year, and requires the permanent record of a pupil
to reflect if he or she has been deemed a chronic truant.
BACKGROUND
Current law:
1) Defines a truant as a pupil subject to compulsory
full-time education who is absent without valid excuses
three full days in one school year, or tardy or absent
for more than any 30-minute period on three occasions,
or any combination. (Education Code 48260)
2) Requires a truant to be reported to the attendance
supervisor or to the superintendent of the school
district. (EC 48260)
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3) Requires the school district to notify the pupil's
parent by mail upon a pupil's initial classification as
a truant about basic information, including that the
parent is obligated to compel the pupil to attend
school, may be guilty of an infraction and subject to
prosecution, and that the pupil may be subject to
penalties. (EC 48260.5)
4) Requires that any pupil who has once been reported as a
truant and who is again absent or tardy from school
without a valid excuse for one day to again be reported
as a truant to the attendance supervisor or district
superintendent. (EC 48261)
5) Defines a habitual truant as any pupil who has been
reported as a truant three or more times per school year
(absent or tardy at least 5 days). A pupil may not be
deemed habitually truant unless 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.
(EC 48262)
6) Authorizes a habitually truant pupil to be referred to a
school attendance review board (SARB) or to the
probation department for services. If the SARB or
probation officer determines that available community
services can resolve the problem, the pupil or pupil's
parents shall be directed to make use of those services.
If it is determined that services cannot solve the
problem, or if the pupil and/or parent have failed to
respond to directives, the SARB may notify the district
attorney or probation officer. (EC 48263)
7) Establishes a truancy mediation program whereby the
district attorney or probation officer may request the
parents and the pupil attend a meeting to discuss the
possible legal consequences of the child's truancy. (EC
48260.6 and 48263.5)
8) Authorizes schools to require any minor who is reported
as a truant to attend makeup classes during the weekend
and provides that truants are subject to the following:
a) The pupil may be given a written warning by a
peace officer the first time a truancy report is
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required.
b) The pupil may be assigned by the school to an
afterschool or weekend study program upon the
second truancy report.
c) The pupil shall be classified a habitual
truant and may be referred to, and required to
attend, an attendance review board or a truancy
mediation program upon the third truancy report.
d) The pupil shall be within the jurisdiction of
the juvenile court, which may adjudge the pupil to
be a ward of the court upon the fourth truancy
report. (EC 48264.5)
ANALYSIS
This bill creates a new classification of "chronic truant,"
defined as pupils who have unexcused absences for at least 10
percent of the school year. Specifically, this bill:
1) Deems a pupil subject to compulsory education who is
absent from school without valid excuses for 10 percent
or more of the schooldays in one school year, from date
of enrollment to the current date, a chronic truant.
2) Requires the school district to have first taken steps
described in Background #1 - #7 above prior to deeming a
pupil as a chronic truant.
3) Requires the permanent record of a pupil to indicate if
he or she is a chronic truant.
STAFF COMMENTS
1) Need for the bill . According to the author, "the
failure to distinguish between children who have missed
five days with children who have missed fifty days
limits schools' ability to identify and track children
at the greatest risk of falling through the cracks."
2) Excused vs. unexcused absences . This bill distinguishes
between unexcused and excused absences. Conversely, SB
1357 (Steinberg, 2010) does not include this distinction
by defining "chronic absence" as when a pupil is absent
(excused or unexcused) for at least 10 percent of the
school year (see Prior and related legislation below).
If both bills were to become law, schools would be
identifying chronically truant and chronically absent
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pupils.
Should a pupil's permanent record also include data relative
to chronic absences?
3) How many unexcused absences ? Most schools provide 180
days of instruction but some operate for 175 days
(allowed under two separate provisions of current law).
Assuming a school provides 180 days of instruction, a
pupil would have to have at least 18 unexcused absences
before he or she may be deemed a chronic truant pursuant
to this bill. Current law defines a habitual truant as
a pupil who has at least five unexcused absences.
4) Not linked to interventions or penalties . This bill
creates the classification of chronic truant but does
not link this new classification to any intervention or
penalties for pupils. Current law sets forth a
progression of penalties that may be imposed upon
truants. Should schools be required to impose existing
penalties upon chronic truants? Should schools be
required to take any action once a pupil is identified
as a chronic truant?
The author's intent is to provide schools with the criteria
to identify pupils who have a high rate of unexcused
absences and allow schools to determine which
interventions or penalties will best resolve the
problem.
SB 1317 (Leno, 2010) imposes penalties upon parents of
chronically truant pupils; see Prior and related
legislation below.
5) Permanent record . This bill requires the permanent
record of a pupil to indicate if he or she has been
deemed a chronic truant. It is not clear that a pupil's
permanent record would also reflect general attendance.
If a pupil is deemed a chronic truant but subsequently
regularly attends school, could the permanent record
reflect the chronic truancy label but not show that the
pupil is no longer truant?
6) Mandate . Legislative Counsel flagged this bill as
imposing a mandate because it requires schools to add
information to a pupil's permanent record.
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7) Prior and related legislation .
SB 1317 (Leno, 2010) creates a new
misdemeanor for parents of a pupil deemed
chronically truant, and establishes a deferred
entry of judgment program specifically designed to
address issues of chronic truancy. SB 1317 is
scheduled to be heard in the Senate Public Safety
Committee on April 20, 2010.
SB 1357 (Steinberg, 2010) expands CALPADS
to include attendance data. SB 1357 is scheduled
to be heard by this Committee on April 14, 2010.
SB 1301 (Simitian, 2010) requires the
inclusion of a unique student identifier in a
pupil's permanent record. SB 1301 is scheduled to
be heard by this Committee on April 14, 2010.
SUPPORT
California Federation of Teachers
California State PTA
Fight Crime: Invest in Kids
Nury Martinez, Member, Board of Education, City of Los
Angeles
San Francisco District Attorney
Junior Leagues of California, State Public Affairs Committee
OPPOSITION
None received.