BILL ANALYSIS �
AB 2616
Page 1
Date of Hearing: April 25, 2012
ASSEMBLY COMMITTEE ON EDUCATION
Julia Brownley, Chair
AB 2616 (Carter) - As Amended: April 18, 2012
SUBJECT : School districts: truancy
SUMMARY : Makes several changes to the provisions governing
truancy. Specifically, this bill :
1)Specifies that for purposes of the truancy provisions, a valid
excuse includes, but is not limited to, the reasons for which
a pupil shall be excused from school, and may include other
reasons that are within the discretion of school
administrators and, based on the facts of the pupil's
circumstances, are deemed to constitute a valid excuse.
2)Specifies that upon a pupil's initial classification as a
truant, the school district shall include in its required
notification to parents and legal guardians that the parent or
legal guardian has the right to address any absences or
tardies that may have been inappropriately counted toward the
classification as a truant.
3)Revises the provision governing the first time a truancy
report is issued. Specifies that the pupil and, as
appropriate, the parent, may be requested to attend a meeting
with a school counselor or other school designee to discuss
the root causes of the attendance issue and develop a joint
plan to improve the pupil's attendance.
4)Revises the provision governing the second time a truancy
report is issued. Provides that in addition to being assigned
by the school to an afterschool or weekend study program, the
pupil may be given a written warning by a peace officer. 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 from that school, the record may be forwarded to the
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.
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5)Authorizes, rather than requires, that upon a fourth time a
truancy is issued within the same school year, the pupil to be
referred to the jurisdiction of the juvenile court that may
adjudge the pupil to be a ward of the court.
6)Revises a fine associated with a fourth truancy, if the pupil
is adjudged a ward of the court, from $100 dollars to $50
dollars, for which a parent or legal guardian of the pupil may
be jointly liable. Specifies that such fine, with all
penalties and assessments, shall not exceed $100 dollars.
7)Adds "legal" before all references to "guardian".
EXISTING LAW :
1)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
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.
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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,
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. (EC Section 48262)
7)Defines a "chronic truant" as any pupil subject to compulsory
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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)
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. This bill
makes several changes to the truancy laws. In 2010-11, the
California Department of Education (CDE) reported a truancy rate
of 29.76%; 1.837 million students out of a total enrollment of
6.2 million were 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. This bill clarifies that a
"valid excuse" includes, but is not limited to, the excused
absences authorized in existing law (e.g., illness, doctor and
dental appointments of the pupil or the pupil's child, attending
funeral services of a member of his or her immediate family),
and may include other reasons within the discretion of school
administrators. The sponsor of the bill, Public Counsel, states
that administrators should have more discretion to take into
consideration circumstances that may have caused a pupil to be
absent or late - for example, a pupil who takes public
transportation to school and the bus is late.
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 parent or the
legal guardian has the right to meet with appropriate school
personnel to discuss solutions to the pupil's truancy. This
bill authorizes parents or legal guardians to also address any
absences or tardies that may have been inappropriately counted
toward the classification as a truant.
Existing law specifies actions that may or shall be undertaken
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each time a truancy report is required. Existing law authorizes
a pupil to receive a written warning by a peace officer 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. This bill authorizes, instead, the pupil and
the parent to meet with the school counselor or other school
staff to discuss the root causes of the attendance issue and
develop a joint plan to improve attendance upon a first truancy
report. The truancy laws were devised as a way to keep students
in school. This provision of the bill is consistent with the
goal of a series of bills that have been introduced this year
attempting to reduce punitive disciplinary measures and focus
instead on alternative ways to keep a student in school. The
written warning by a peace officer current authorized for a
first truancy report moves to be an authorized consequence upon
a second truancy report.
Upon a pupil's third truancy in a school year, 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. 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. This bill makes it permissive to refer the pupil to
the juvenile court, reduces the fine to $50, and prohibits the
fine, with penalties and assessments, from exceeding $100.
According to the sponsor, "there are situations where a school
could find that sending the child into the juvenile justice
system would not be of benefit to the child, particularly given
the research showing that children with juvenile court
involvement are as much as 4 times more likely to drop out of
schools. In fact, juvenile court involvement could further
exacerbate the attendance issues, particularly given the time
required for the young person and his or her family to go to
Court and the lack of resources that the Courts often have to
assist with any underlying problems related mental health,
special education, disability, and poverty. Generally, as the
American Psychological Association and others have found, rather
than serving as a "wake-up call," aggressive criminal justice
centered policies in and around schools are more likely to cause
students to feel alienated from the educational system, causing
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further disengagement. Moreover, if the Court determines that
incarceration is the appropriate response, our juvenile court
schools, according to at least one measure from CDE's DATAQUEST,
have a four year adjusted derived dropout rate of 98.7%, which
is obviously contrary to the intended goal of increasing
attendance and moving students closer to school success."
------------------------------------------------------------------------
| | Existing law | AB 2616 |
| | | |
|---------------+-----------------------------+--------------------------|
|First truancy |The pupil may be given a |The pupil, and, as |
|report |written warning by a peace |appropriate, the parent |
| |officer. |or legal guardian may be |
| | |requested to attend a |
| | |meeting with a school |
| | |staff to discuss the root |
| | |causes of the attendance |
| | |issue and develop a joint |
| | |plan to improve the |
| | |pupil's attendance. |
|---------------+-----------------------------+--------------------------|
|Second truancy |The pupil may be assigned to |The pupil may be given a |
|report |an afterschool or weekend |written warning by a |
| |study program. |peace officer, and may be |
| | |assigned to an |
| | |afterschool or weekend |
| | |study program. |
|---------------+-----------------------------+--------------------------|
|Third truancy |The pupil shall be |No change. |
|report |classified as a habitual | |
| |truant and may be referred | |
| |to a SARB or a truancy | |
| |mediation program. | |
|---------------+-----------------------------+--------------------------|
|Fourth truancy |Requires the pupil to be |Makes it permissive to |
|report |referred to the juvenile |refer a pupil to juvenile |
| |court which may adjudge the |court. Reduces the fine |
| |pupil to be a ward of the |to $50 and limits the |
| |court. Pupil shall be |fine, including penalties |
| |required to do one or more |and assessments, to a |
| |of the following: community |maximum of $100. |
| |service, attend a | |
| |court-approved truancy | |
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| |prevention program, have his | |
| |or her driving privileges | |
| |suspended or revoked, and/or | |
| |pay a fine of not more than | |
| |$100. | |
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Are punitive measures effective in compelling student
attendance ? As mentioned previously, the purpose of this bill
and several other bills introduced this year is to reduce the
use of punitive measures while attempting other methods to keep
a student at school. A Los Angeles County School Attendance
Task Force recently released a report with recommendations for
schools, juvenile courts, law enforcement, municipalities,
parents, guardians and caregivers, and communities, in order to
increase school attendance and decrease truancy. The Task Force
found that research supports school-based rather than law
enforcement-based interventions as the most effective means to
improve student attendance rates. The strategies range from
utilizing rewards and attendance incentives, determining root
causes of truancy, maximizing partnerships with local service
agencies that address the root causes, and referring truancy
issues to law-enforcement agencies only as a last resort and
only after documentation of multiple failed interventions.
Re-review of truancy laws needed . It may be a good idea to
conduct a thorough re-review of the truancy provisions. Over
time, various legislation have added various requirements that
result in varying consequences that may conflict. For example,
the definition of "chronic truancy" may conflict with the
definition of "truancy". A pupil is classified as a truant when
he or she is absent or tardy for 30 minutes three days a year.
A pupil can be classified as a "chronic truant" for missing more
than 10% or more of the schooldays in one school year, from the
date of enrollment to the current date. For example, a pupil
who has been in school for a month (20 school days) and misses
two days of school meets the definition of a "chronic" truant
but not the definition of a "truant". The parent of a pupil
deemed a "chronic truant" can be found guilty of a misdemeanor
and assessed a $2,000 fine.
Committee amendment . Staff recommends adding "Notwithstanding
any other provisions of law" language to the provision
prohibiting fees from exceeding $100. Some of the fees tacked
on to fines may be imposed by the state.
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Related legislation . This bill is one of several bills
introduced this year attempting to reduce the use of punitive
measures to respond to disciplinary and attendance problems.
AB 1729 (Ammiano), pending in the Assembly Appropriations
Committee, requires other means of correction to be used and
documented prior to the suspension or expulsion of any student
and revises the steps taken for suspensions and expulsions of
students with exceptional needs.
AB 2242 (Dickinson), pending in the Assembly Appropriation
Committee, imposes in-school suspension and prohibits off-campus
suspension or extended suspension, or expulsion, due to
disruption of school activities or willful defiance of school
officials.
AB 2537 (V. Manuel Perez), pending in this Committee, limits the
acts committed by pupils that result in mandatory expulsion;
authorizes, rather than requires, a school district to expel a
student for committing specified acts; and authorizes, rather
than requires, a principal to notify appropriate law enforcement
authorities of specified acts committed by pupils.
SB 1235 (Steinberg), pending in the Senate, requires a school
district to, if the number of pupils suspended from school
during the prior school year exceeded 25% of a school's
enrollment or any numerically significant racial or ethnic
subgroup, implement for a minimum of three years, an
evidence-based system of schoolwide positive behavioral
interventions or strategies that are evidence based and designed
to address school climate.
Previous related legislation . SB 1317 (Leno), Chapter 647,
Statutes of 2010, creates a misdemeanor when a parent or
guardian of a pupil of six years of age or older, who is in
kindergarten or any of Grades 1 to 8, inclusive, and who is
subject to compulsory full-time education whose child is a
chronic truant, and has failed to reasonably supervise and
encourage the pupil's school attendance. Also authorizes
superior courts to establish deferred entry of judgment programs
that include specified components to adjudicate cases involving
parents or guardians of elementary school pupils who are chronic
truants.
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REGISTERED SUPPORT / OPPOSITION :
Support
American Civil Liberties Union (prior version)
Fight Crime: Invest in Kids California (prior version)
Opposition
None on file
Analysis Prepared by : Sophia Kwong Kim / ED. / (916) 319-2087