Bill Text: CA AB1643 | 2013-2014 | Regular Session | Amended

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Pupil attendance: school attendance review boards.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Passed) 2014-09-30 - Chaptered by Secretary of State - Chapter 879, Statutes of 2014. [AB1643 Detail]

Download: California-2013-AB1643-Amended.html

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BILL NUMBER: AB 1643	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  APRIL 22, 2014
	AMENDED IN ASSEMBLY  APRIL 2, 2014

INTRODUCED BY   Assembly Member Buchanan

                        FEBRUARY 11, 2014

   An act to amend Section 48321 of the Education Code, relating to
pupil attendance.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 1643, as amended, Buchanan. Pupil attendance: school attendance
review boards.
   Existing law authorizes the establishment of county and local
school attendance review boards that may promote the use of
alternatives to the juvenile court system if available public and
private services are insufficient or inappropriate to correct school
attendance or school behavior problems, and specifies the membership
of each school attendance review board. Existing law provides that
any minor pupil who is a habitual truant, is irregular in attendance
at school, or is habitually insubordinate or disorderly during
attendance at school may be referred to a school attendance review
board. Existing law requires the county superintendent of schools, if
a county school attendance review board exists, to convene a meeting
of the county school attendance review board at the beginning of
each school year, as provided.
   This bill would require, rather than authorize, the establishment
of a county school attendance review board in each county, and would
authorize a county school attendance review board to accept referrals
or requests for hearing services from one or more school districts
within its jurisdiction. The bill would set forth the purposes of a
county school attendance review board to include, among other things,
to develop guidelines, policies, or programs to administer the
county and local school attendance review boards, and to provide
oversight over local school attendance review boards, as specified.
The bill would add  a representative  
representatives  from at least one county district attorney's
office  and one county public defender's office  to both
 a  county and local school attendance review
 board,   boards,  as specified. The bill
would require a county school attendance review board to meet at the
beginning of the school year to develop guidelines and policies and
adopting plans, as specified, and to meet at least 3 additional times
each school year for specified purposes including, among others,
assessing the effectiveness of services and supports provided by its
school attendance review boards. The bill would specify that, for
purposes of conducting hearings, the county school attendance review
board is required to meet as needed, and would further authorize the
county school attendance review board to determine the members needed
at those hearings, as specified. The bill would specify that its
provisions do not prohibit any 2 or more counties from forming a
school attendance review board consortium or partnership. By imposing
new duties on local officials, the bill would impose a
state-mandated local program. The bill would also make conforming and
nonsubstantive changes.
   The California Constitution requires the state to reimburse local
agencies and school districts for certain costs mandated by the
state. Statutory provisions establish procedures for making that
reimbursement.
   This bill would provide that, if the Commission on State Mandates
determines that the bill contains costs mandated by the state,
reimbursement for those costs shall be made pursuant to these
statutory provisions.
   Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: yes.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  Section 48321 of the Education Code is amended to read:

   48321.  (a) (1) A county school attendance review board shall be
established in each county. The primary purpose of the county school
attendance review board shall be to develop guidelines, policies, or
 programs   programs, consistent with Section
48320 and subdivision (a) of Section 48325,  to administer the
county and local school attendance review boards and adopt plans to
promote interagency and community cooperation  and to reduce
the duplication of services provided to youth in order to address
pupil attendance and behavioral problems.   in order to
address attendance and behavioral problems, improve the coordination
and level of community and school-based programs provided to pupils
and their families, and prevent entry into the juvenile justice
system.  The county school attendance review board may accept
referrals or requests for hearing services from one or more school
districts within its jurisdiction, pursuant to subdivision (f).
Nothing in this section prohibits any two or more counties from
forming a school attendance review board consortium or partnership.
   (2) For purposes of developing guidelines and policies specified
in paragraph (1), the county school attendance review board shall
include, but need not be limited to, all of the following:
   (A) A parent.
   (B) A representative of school districts.
   (C) A representative of the county probation department.
   (D) A representative of the county welfare department.
   (E) A representative of the county superintendent of schools.
   (F) A representative of law enforcement agencies.
   (G) A representative of community-based youth service centers.
   (H) A representative of school guidance personnel.
   (I) A representative of child welfare and attendance personnel.
   (J) A representative of school or county health care personnel.
   (K) A representative of school, county, or community mental health
personnel.
   (L) A representative of the county district attorney's office. If
more than one county is represented in a county school attendance
review board, a representative from each county's district attorney's
office may be included. 
   (M) A representative of the county public defender's office. If
more than one county is represented in a county school attendance
review board, a representative from each county's public defender's
office may be included. 
   (3) Notwithstanding paragraph (2), for purposes of conducting
hearings, the chairperson of the county school attendance review
board is authorized to determine the members needed at a hearing,
based on the needs of the pupil, in order to address attendance or
behavioral problems.
   (4) The school district representatives on the county school
attendance review board shall be nominated by the governing boards of
school districts and shall be appointed by the county superintendent
of schools. All other persons and group representatives shall be
appointed by the county board of education.
   (5) (A) A county superintendent of schools shall, at the beginning
of each school year, convene a meeting of the county school
attendance review board for the purpose of developing guidelines and
policies and adopting plans pursuant to paragraph (1). A county
school attendance review board shall meet at least three additional
times each school year to assess the effectiveness of services and
supports that its school attendance review boards provide to youth
and their  families.   families, and to assess
whether the local school attendance review boards subject to its
oversight are improving the attendance and educational outcomes for
pupils. 
   (B) Notwithstanding subparagraph (A), for purposes of conducting
hearings, a county school attendance review board shall meet as
needed.
   (b) (1) Local school attendance review boards may include, but
need not be limited to, all of the following:
   (A) A parent.
   (B) A representative of school districts.
   (C) A representative of the county probation department.
   (D) A representative of the county welfare department.
   (E) A representative of the county superintendent of schools.
   (F) A representative of law enforcement agencies.
   (G) A representative of community-based youth service centers.
   (H) A representative of school guidance personnel.
   (I) A representative of child welfare and attendance personnel.
   (J) A representative of school or county health care personnel.
   (K) A representative of school, county, or community mental health
personnel.
   (L) A representative of the county district attorney's office. If
more than one county is represented in a local school attendance
review board, a representative from each county's district attorney's
office may be included. 
   (M) A representative of the county public defender's office. If
more than one county is represented in a county school attendance
review board, a representative from each county's public defender's
office may be included. 
   (2) Other persons or group representatives shall be appointed by
the county board of education.
   (c) A county school attendance review board may elect, pursuant to
regulations adopted pursuant to Section 48324, one member as
chairperson with responsibility for coordinating services of the
county school attendance review board.
   (d) A county school attendance review board may provide for the
establishment of local school attendance review boards in any number
as shall be necessary to carry out the intent of this article. Local
school attendance review boards shall be bound by the rules and
regulations established pursuant to Section 48324.
   (e) A county school attendance review board shall provide
oversight and coordinate activities of, and may provide consultant
services to, local school attendance review boards. The county school
attendance review board shall ensure that local school attendance
review boards comply with the policies and procedures established by
the county school attendance review board pursuant to Section 48324.
   (f) If the county school attendance review board determines that
the needs of pupils as defined in this article can best be served by
a single board, the county school attendance review board may then
serve as the school attendance review board for all pupils in the
county, or, upon the request of any school district in the county,
the county school attendance review board may serve as the school
attendance review board for pupils of that school district.
   (g) Nothing in this article is intended to prohibit an agreement
on the part of counties to provide these services on a regional
basis.
  SEC. 2.  If the Commission on State Mandates determines that this
act contains costs mandated by the state, reimbursement to local
agencies and school districts for those costs shall be made pursuant
to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of
the Government Code.