BILL ANALYSIS �
SENATE COMMITTEE ON EDUCATION
Alan Lowenthal, Chair
2011-12 Regular Session
BILL NO: SB 477
AUTHOR: Wright
AMENDED: April 26, 2011
FISCAL COMM: Yes HEARING DATE: May 4, 2011
URGENCY: No CONSULTANT:Lynn Lorber &
Beth Graybill
SUBJECT : Parental Notice of Truancy
SUMMARY
This bill requires school districts to establish a policy
specifying the time period for notifying a parent when a
pupil is initially classified as a 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)
3) Requires the school district to notify the pupil's
parent, using the most cost-effective method possible,
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
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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) Defines a "chronic truant" as any pupil who is absent
from school without a valid excuse for 10% or more of
the schooldays in one school year. A pupil may not be
deemed chronically truant unless specific steps are
first taken to address the pupil's absences. (EC �
48263.6)
ANALYSIS
This bill requires school districts to establish a policy
specifying the time period for notifying a parent when a
pupil is initially classified as a truant.
STAFF COMMENTS
1) Need for the bill : According to the author, because
current law does not specify when the notice must be
provided, parents and guardians are not always notified
in a timely manner, which decreases their ability to
intervene and prevent further absences. Research shows
that pupils who are habitually truant are at greater
risk of dropping out of school than students who attend
school regularly. The author hopes that requiring
school districts to have a policy about when the
notification is sent to parents will allow for earlier
intervention and give at-risk students a greater chance
for success.
2) Truancy notification mandate . The Legislative Analyst's
Office (LAO) has recommended eliminating mandates that
do not serve a fundamental purpose and notes that
truancy mandates exemplify requirements that should be
eliminated. The LAO has suggested elimination of the
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Notification of Truancy mandate not only because it does
not substantively increase parent involvement or reduce
dropouts, but also because the federal No Child Left
Behind Act requires districts to develop extensive
policies for increasing parental involvement. This
federal requirement directly targets students at risk of
dropping out of school. Since local educational
agencies lose revenue when students have unexcused
absences, it could also be argued that districts have an
incentive to work with families and students to curb
truancy and improve attendance.
Pursuant to AB 1610 (Assembly Budget Committee, Chapter 724,
2010) the LAO has convened work group to consider the
future of the state's K-14 mandates and to develop
recommendations regarding the treatment of those
mandates. Recommendations from this work group are
expected to be presented to the Budget Committees in the
near future.
3) Previous legislation . AB 1610 (Committee on Budget, Ch.
724, 2010) limited the state mandate costs for the
existing truancy notification mandate, by requiring
school districts to provide the truancy notification
using the most cost-effective method possible rather
than requiring the notice be sent by mail.
AB 1446 (DeSaulnier, 2008) would have required school
districts, upon a pupil's initial classification as a
truant, to provide the required parental notification
within 10 school days. AB 1446 was held on the Senate
Appropriations Committee's suspense file.
SUPPORT
None received.
OPPOSITION
None received.
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