BILL ANALYSIS                                                                                                                                                                                                    �






                         SENATE COMMITTEE ON EDUCATION
                                Carol Liu, Chair
                           2013-2014 Regular Session
                                        

          BILL NO:       AB 1672
          AUTHOR:        Holden
          AMENDED:       April 24, 2014
          FISCAL COMM:   Yes            HEARING DATE: June 25, 2014
          URGENCY:       No             CONSULTANT:    Lynn Lorber

          SUBJECT  :  School attendance review boards.
          
           SUMMARY
           
          This bill requires school districts that have established a  
          local school attendance review board to annually submit  
          specified attendance and truancy data to the county  
          superintendent of schools and the Superintendent of Public  
          Instruction.

          BACKGROUND
           
          Current law: 

           Absenteeism  

             1)   Defines chronic absentee as a student who is absent  
               on 10% or more of the schooldays in the year, whether  
               or not the absences were excused. 
               (Education Code � 60901)

          2)   Defines excused absences.  (EC � 48205)

           School attendance review boards
           
             1)   Authorizes, but does not require, a county and/or  
               local school attendance review board (SARB) to be  
               established.  SARB membership must include parents,  
               school districts, county probation, county welfare,  
               county superintendent of schools, law enforcement,  
               community-based youth services, and personnel  
               representing school guidance, child welfare and  









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               attendance, school or county health care, and mental  
               health.  
               (EC � 48321)

             2)   Requires the Superintendent of Public Instruction  
               to coordinate and administer a state SARB, which is to  
               provide recommendations annually regarding the needs  
               and services provided to high-risk youth. 
               (EC � 48325)

           Truancy
           
             1)   Defines a truant as a student who is absent for  
               three full days, or tardy or absent for more than a  
               30-minute period on three occasions, without a valid  
               excuse in one school year.  (EC � 48260)

             2)   Authorizes a school district in a county that does  
               not have a school attendance review board (SARB) to  
               notify the county district attorney or probation  
               officer, and authorizes those entities to notify the  
               parents of every truant that they may be subject to  
               prosecution for failure to compel the attendance of  
               the student.  (EC � 48260.6)

           Habitual truancy
           
             1)   Defines a habitual truant as a student who has been  
               reported as a truant three or more times per school  
               year (absent or tardy without an excuse for at least  
               five days).  (EC � 48262)

             2)   Authorizes the school district to refer the student  
               to, and requires the student to attend, a SARB or a  
               truancy mediation program.  The student may be within  
               the jurisdiction of the juvenile court if the student  
               does not successfully complete the truancy mediation  
               program.  (EC � 48264.5(c))

           Data collection and reporting  











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          1)   Requires the governing board of each school district  
               to direct school district staff to transmit to the  
               county superintendent of schools the number and type  
               of referrals to SARBs and the requests for petitions  
               to juvenile courts.  (EC � 48273)

          2)   Requires the Annual Report on Dropouts in California  
               to include, when data is available, truancy rates and  
               chronic absentee rates.  
               (EC � 48070.6)

          3)   Requires local control accountability plans (LCAPs) to  
               include information addressing specific state  
               priorities, including student engagement as measured  
               by school attendance rates, chronic absenteeism rates,  
               dropout rates and graduation rates.  (EC � 52060 and �  
               52066)

          4)   Requires school districts to gather and transmit to  
               the county superintendent of schools the number and  
               types of referrals to school attendance review boards  
               and of requests for petitions to the juvenile court.   
               (EC � 48273)

          5)   Requires, contingent upon federal funding, the  
               California Longitudinal Pupil Achievement Data System  
               (CalPADS) to support local educational agencies (LEAs)  
               in their efforts to identify and support students at  
               risk of dropping out and be capable of issuing to LEAs  
               periodic reports that include district, school, class  
               and individual student reports on rates of absence and  
               chronic absentees.  Reporting student attendance and  
               chronic absentee data for CalPADS is voluntary.  (EC �  
               60901)

           ANALYSIS
           
           This bill  requires school districts that have established a  
          local school attendance review board to annually submit  
          specified attendance and truancy data to the county  
          superintendent of schools and the Superintendent of Public  










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          Instruction.  Specifically, this bill:

          1)   The governing board of each school district that has  
               established a local school attendance review board  
               (local SARB) to require employees of the district to  
               gather and transmit to the county superintendent and  
               the Superintendent of Public Instruction (SPI) all of  
               the following information for the prior school year:

                    a)             The number of students enrolled in  
                    the school district.

                    b)             The number and percentage of  
                    chronic absentees in the school district.

                    c)             The number of students in the  
                    district who are referred to a school-level  
                    meeting, such as a student attendance review team  
                    or a student success team.  

                    d)             The number of students in the  
                    district who are referred to a SARB, and the  
                    reason for the referral. 

                    e)             The number of students referred to  
                    a SARB who improved their attendance by at least  
                    50% during the following semester or trimester  
                    after attending the SARB meeting.  

                    f)             The number of students and parents  
                    referred to the district attorney, city  
                    prosecutor, or probation department for mediation  
                    or prosecution following a SARB meeting.  

                    g)             The number of students and parents  
                    who are referred to the community services  
                    following a SARB meeting.  

                    h)             The number of students referred to  
                    an alternative education placement following a  
                    SARB meeting.










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                    i)             The number of petitions to the  
                    juvenile court.
          2)   Requires the information described above to be  
               disaggregated and submitted by the following  
               subgroups:

               a)        English learner status.

               b)        Foster youth status.

               c)        Gender.

               d)        Grade levels.

               e)        Low income status.

               f)        Race or ethnicity.

               g)        Disability status.

          3)   Requires the county office of education to post on its  
               website the contents of the SARB reports it received  
               from local SARBs, or that summarize the results of  
               those reports, or reports that the county office  
               creates if the county SARB accepts referrals.  This  
               bill requires the information to be in an anonymized  
               format that is easy for the public to access and  
               understand.

          4)   Requires school districts to submit the information to  
               the county superintendent and SPI by September 15 of  
               each year.

           STAFF COMMENTS
           
           1)   Recent report on truancy  .  The California Attorney  
               General issued a report in the Fall of 2013 titled, In  
               School + On Track, which included several  
               recommendations, some of which:











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               a)        Require statewide reporting of student  
                    attendance records.

               b)        Require more comprehensive reporting of  
                    school attendance review board activities.

               c)        Include attendance rates in a school's  
                    Academic Performance Index.   
                     https://oag.ca.gov/truancy  

           2)   How many school districts have or participate in a  
               local SARB  ?  The State does not collect data relative  
               to which counties have a SARB or which school  
               districts have a local SARB.  The Attorney General's  
               2013 report
               indicates that at least 43 of the 58 counties in  
               California have maintained a county or local SARB.
           3)   Data collection  .  Current law requires school  
               districts and county offices of education to submit  
               data specific to both truancy and chronic absenteeism  
               rates to the California Department of Education only  
               when it is available, to be included in the Annual  
               Report on Dropouts in California.  These rates have  
               never been included in this report and that  
               information is not required to reflect data for  
               students in kindergarten through grade 5. School  
               districts and county offices of education are required  
               to report rates of chronic absenteeism as part of  
               their local control accountability plans.  School  
               districts are required to report to the county  
               superintendent of schools the number and types of  
               referrals to SARBs and of requests for petitions to  
               the juvenile court; this information does not reflect  
               the total number of students who are truant.

          The state SARB has developed reporting forms that school  
               districts may use to submit reports to county  
               superintendents.  One is a simple form that captures  
               the number of referrals by grade, gender, reason for  
               the referral (behavior, attendance/truancy) and court  
               referrals.  The other form additionally captures the  










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               impact of SARBs (e.g., number of students who improve  
               attendance, number of students who improve behavior,  
               number of court referrals, number of agency referrals  
               and number of transfers to alternative schools).  This  
               bill incorporates almost all of the information found  
               on the expanded form, and requires the information to  
               be sent to the SPI in addition to the county  
               superintendent of schools.

          Will school districts have all of the information required  
               to be provided by this bill, such as the number of  
               students in the district who are referred to a  
               school-level meeting, such as a student attendance  
               review team or a student success team?  

           4)   Broader structural issues  .  This bill does not address  
               other gaps in truancy laws, some of which were  
               highlighted in the Attorney General's 2013 report:

               a)        Upon the initial truancy, school districts  
                    are authorized but not required to request the  
                    student and parent attend a meeting to discuss  
                    the root causes of the attendance issue and  
                    develop a joint plan to improve attendance.

               b)        Local educational agencies (LEAs) are  
                    required to notify parents upon the first truancy  
                    but not upon the second truancy.

               c)        LEAs are authorized but not required to  
                    refer a student to a SARB or a truancy mediation  
                    program.

           5)   Fiscal impact  .  According to the Assembly  
               Appropriations Committee, this bill would impose:
               a)        Ongoing General Fund (Proposition 98) state  
                    mandated costs to school districts in the range  
                    of $200,000 to $1 million.  This assumes 30% to  
                    50% of school districts currently have  
                    established SARBs.  Costs associated with school  
                    district workload will vary depending on existing  










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                    SARB support and resources.

               b)        Minor costs to county offices to make  
                    contents of SARB reports available online.

               c)        Ongoing administrative costs to California  
                    Department of Education (CDE) related collection,  
                    certification and reporting of attendance and  
                    SARB data.  CDE estimates ongoing costs of  
                    $432,000.  The bill requires various data  
                    elements to be reported to CDE but does not  
                    explicitly state what CDE is to do with the data.  
                     CDE would incur costs assuming the intent is to  
                    have the data processed at the state level.

           6)   Related legislation  .   AB 1866 (Bocanegra) expands  
               data in the California Longitudinal Pupil Achievement  
               Data System to include chronic absentee numbers (in  
               addition to existing requirement to report rates), and  
               truancy numbers and rates.  AB 1866 is pending in the  
               Senate Appropriations Committee.

          AB 2141 (Hall) requires a state or local authority  
               conducting truancy-related mediation or prosecuting a  
               student or parent to provide to school districts,  
               school attendance review boards, the county  
               superintendent of schools and probation department  
               with the outcome of each referral.      AB 2141 is  
               pending in the Senate Appropriations Committee.

          AB 1643 (Buchanan) requires each county to have a school  
               attendance review board.  AB 1643 is pending in the  
               Senate Appropriations Committee.

          SB 1107 (Monning) requires the California Department of  
               Education and Attorney General to report annually on  
               specific information regarding truancy and chronic  
               absenteeism in kindergarten through grade five.  SB  
               1107 was held in the Senate Appropriations Committee.

          SB 1296 (Leno) prohibits a court from imprisoning, holding  










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               in physical confinement or placing in custody a minor  
               for contempt if the contempt consists of the minor's  
               failure to comply with a court order regarding  
               truancy.  SB 1296 is awaiting action by the Governor.




           SUPPORT
           
          Advancement Project
          California Federation of Teachers
          California State PTA
          Continuing the Dream
          Disability Rights California
          Fight Crime: Invest in Kids
          Hillsides
          Los Angeles County District Attorney's Office
          Los Angeles Unified School District
          Rosemead School District
          Special Needs Network
          Stockton Unified School District
          Superintendent of Public Instruction

           OPPOSITION

           None on file.