BILL NUMBER: AB 1643 INTRODUCED
BILL TEXT
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 introduced, 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 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 a school district within its jurisdiction. The
bill would add a representative from at least one county district
attorney's office to both a county and local school attendance review
board, as specified. The bill would require a county school
attendance review board to meet at least 4 times each school year.
The bill would prohibit a county school attendance review board or a
local school attendance review board from convening unless 2/3 of its
members participate at each meeting. 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
may shall be established in each
county. county and may accept referrals or requests
for hearing services from a school district within its jurisdiction.
Nothing in this section prohibits any two or more counties from
forming a school attendance review board consortium or partnership.
(2) The county school attendance review board, if
established, 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 shall be included.
(3) 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.
(4) If a county school attendance review board exists,
the 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 adopting plans to
promote interagency and community cooperation and to reduce the
duplication of services provided to youth who have serious school
attendance and behavior problems. A county school attendance
review board shall meet at least four times each school year.
(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 shall be included.
(2) Other persons or group representatives shall be appointed by
the county board of education.
(c) The 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) The 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.
(e) In any county in which there is no county school attendance
review board, a school district governing board may elect to
establish a local school attendance review board, which shall operate
in the same manner and have the same authority as a county school
attendance review board.
(f) The
(e) A county school attendance
review board may provide consultant services to, and coordinate
activities of, local school attendance review boards in meeting the
special needs of pupils with school attendance or school behavior
problems.
(g) When
(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.
(h)
(g) Nothing in this article is intended to prohibit
any an agreement on the part of
counties to provide these services on a regional basis.
(h) A county school attendance review board or a local school
attendance review board shall not be convened unless two-thirds of
its members, as identified in paragraph (2) of subdivision (a) or
paragraph (1) of subdivision (b), participate at each meeting.
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.