BILL ANALYSIS                                                                                                                                                                                                    �





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          GOVERNOR'S VETO
          AB 1672 (Holden)
          As Amended  August 22, 2014
          2/3 vote
           
           
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          |ASSEMBLY:  |54-17|(May 28, 2014)  |SENATE: |30-5 |(August 27,    |
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          |ASSEMBLY:  |59-17|(August 28,     |        |     |               |
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          Original Committee Reference:    ED.

          SUMMARY  :  Requires, beginning June 1, 2015, the governing board  
          of each school district that has established a local school  
          attendance review board (SARB) to adopt rules and regulations to  
          require the appropriate officers and employees of the school  
          district to gather and post specified information on its  
          Internet Web site.  Specifically,  this bill  : 

          1)Requires the following information for the prior school year  
            to be provided:

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

             b)   The number of pupils in the school district referred,  
               and the reason for the referral, to a SARB meeting.

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

             d)   The number of pupils and parents or guardians referred  










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               to the district attorney, city prosecutor, or probation  
               department for mediation or prosecution following a SARB  
               meeting.

             e)   The number of pupils and parents or guardians referred  
               to community services following a SARB meeting.

             f)   The number of pupils referred to alternative education  
               placement following a SARB meeting.

             g)   The number of petitions to the juvenile court requested.

          2)Requires the information to be disaggregated and submitted by  
            the following subgroups:

             a)   English learner status, as defined in Education Code  
               Section 42238.01(c).

             b)   Foster youth status, as defined in Education Code  
               Section 42238.01(b).

             c)   Gender.

             d)   Grade levels.
             e)   Low income status, as defined in Education Code Section  
               42238.01(a).

             f)   Race or ethnicity.

             g)   Disability status.

          3)Requires the governing board of each school district to make  
            available on its Internet Web site, if one is available, the  
            contents of the SARB reports no later than September 15 of  
            every year.  Requires the information to be made available in  
            an anonymized format that is easy for the public to access and  
            understand.

          4)Requires the California Department of Education (CDE) to  
            maintain current Internet Web site links to the Internet Web  
            sites of SARB reports required to be posted pursuant to this  










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            bill to provide parents and the public with easy access to the  
            SARB reports maintained on the Internet.

          5)Requires the governing board of each school district that  
            posts SARB reports to provide a current uniform resource  
            locator for their Internet Web site to the CDE.

           The Senate amendments  strike the requirement for school  
          districts to transmit the specified SARB information to county  
          superintendent of schools and the Superintendent of Public  
          Instruction and instead require school districts to post the  
          information on their Internet Web sites with links to the Web  
          sites through the CDE Web site, and specify that specified  
          subgroups that the information must be disaggregated by are  
          those defined by the local control funding formula.   

           FISCAL EFFECT  :  According to the Senate Appropriations Committee  
          (as approved August 14, 2014):

          1)For the CDE:  $200,000 (General Fund) in the first year, and  
            $175,000 (General Fund) ongoing, for the CDE to develop and  
            administer a webpage and web application to collect local URLs  
            and maintain a search page, and to provide training and  
            technical assistance to school districts on reporting their  
            data.

          2)For local educational agencies:  Potentially significant costs  
            for school districts that have established SARBs to comply  
            with reporting requirements.

           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.  In  
          2011-12, the CDE reported a truancy rate of 28.5%, down from  
          29.76% in 2010-11; with 1.829 million students out of a total  
          enrollment of 6.2 million 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  










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          on three occasions in one school year, or any combination  
          thereof, is considered a truant.  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  
          parents or the legal guardians have the right to meet with  
          appropriate school personnel to discuss solutions to the pupil's  
          truancy.  

          Existing law specifies actions that may or shall be undertaken  
          each time a truancy report is required.  Existing law authorizes  
          a peace officer to give a written warning 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.  

          Upon a pupil's third truancy in a school year and after a school  
          or district personnel has made a conscientious effort to meet  
          with the parent and pupil, a pupil is classified as a habitual  
          truant and may be referred to a SARB or to the local probation  
          officer.  A SARB can be formed by a COE, a school district, or  
          by two or more school districts, and can be comprised of  
          representatives of school districts, county social services  
          agencies, and law enforcement agencies.  SARBs were devised to  
          address pupil attendance and behavioral problems by  
          investigating the reasons for the problems and referring  
          students and/or parents or guardians to community or social  
          services or to law enforcement, if necessary.  SARBs may also  
          refer a pupil to a truancy mediation program, whereby the  
          district attorney or the probation officer may notify the  
          parents or guardians that they may be subject to prosecution for  
          failure to compel the pupil to attend school, or request the  
          pupil and his or her parents or guardians to attend a meeting at  
          the district attorney's office or at the probation department.  

          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  










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          court-approved truancy prevention program, have his or her  
          driving privileges suspended or revoked, and/or pay a fine of  
          $100.  Parents or legal guardians in charge of any pupil who  
          fails to compel a pupil to attend school is guilty of an  
          infraction and may be fined between $100 and $500 based upon the  
          number of convictions.  

          This bill is part of a package of truancy-related bills  
          sponsored by Attorney General (AG) Kamala Harris.  Last fall,  
          the AG's office released a report titled In School and On Track  
          on truancy of elementary school kids.  Calling it a crisis, the  
          AG argues that truancy at the elementary level has negative  
          impacts on the students, who are more likely to drop out of high  
          school; on public safety, when students become more likely to  
          become involved with gangs, substance abuse, and incarceration;  
          on school districts, who lose attendance dollars; and on the  
          economy, due to lost economic productivity and revenues.  In the  
          course of conducting the report, the AG found that attendance,  
          truancy, and SARB data were not readily available.   
          Consequently, several of the bills sponsored by the AG,  
          including this bill, focus on data collection.  

          This bill is intended to focus on collection of information from  
          SARBs.  Under current law, the governing board of each school  
          district is required to direct school district staff to transmit  
          the number and type of referrals to SARBs and the requests for  
          petitions to juvenile courts to the county superintendent of  
          schools.  The state SARB has developed a couple of reporting  
          forms that 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, or truancy) and court referrals.  The  
          other form additionally captures the 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  
          posted on a school district's Internet Web site by September 15  
          every year in an anonymized format that is easy for the public  
          to access and understand.  The CDE is required to maintain on  










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          its Web site links to district Web sites of the SARB reports.  
           
          GOVERNOR'S VETO MESSAGE  :

               Attorney General Kamala Harris has worked diligently  
               at both the local and statewide level to reduce  
               truancy and absenteeism in California schools, a goal  
               I share.  Her package of sponsored legislation aims to  
               reduce rates of truancy and absenteeism.

               AB 1866 would require school districts to collect and  
               report a significant amount of new student attendance  
               information through the California Longitudinal Pupil  
               Achievement Data System.  While well intentioned, the  
               collection of data for the interest of faraway  
               authorities would not get to the root of the issue -  
               keeping kids in school and on track. 

               AB 1672 would place new data collection and reporting  
               burdens on districts that have voluntarily established  
               local School Attendance Review Boards.  A broad group  
               of local education leaders believe AB 1672 "is simply  
               a new requirement that mandates large amounts of  
               specific data collection, disaggregation, formatting  
               and Internet posting."  I agree.  Districts already  
               have the ability to collect attendance and truancy  
               data, and must address school attendance and chronic  
               absenteeism under the Local Control Funding Formula. 

               The Local Control Funding Formula was created because  
               local education agencies are the ones best suited to  
               set goals and guidelines for their students.  In the  
               same vein, efforts to combat truancy are best  
               exercised at the school level among teachers,  
               principals and local school officials. 

               I encourage educators, parents and community members,  
               through the Local Control and Accountability Plan  
               process, to address school attendance issues. Keeping  
               children in school and learning is a priority, but  
               collecting more data is not the primary solution.  










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          Analysis Prepared by :    Sophia Kwong Kim / ED. / (916) 319-2087  
                                                        
           
           
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