Bill Text: CA AB2141 | 2013-2014 | Regular Session | Chaptered

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Bill Title: Pupil attendance: truancy: referrals for prosecution.

Spectrum: Partisan Bill (Democrat 7-0)

Status: (Passed) 2014-09-30 - Chaptered by Secretary of State - Chapter 897, Statutes of 2014. [AB2141 Detail]

Download: California-2013-AB2141-Chaptered.html

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BILL NUMBER: AB 2141	CHAPTERED
	BILL TEXT

	CHAPTER  897
	FILED WITH SECRETARY OF STATE  SEPTEMBER 30, 2014
	APPROVED BY GOVERNOR  SEPTEMBER 30, 2014
	PASSED THE SENATE  AUGUST 25, 2014
	PASSED THE ASSEMBLY  AUGUST 26, 2014
	AMENDED IN SENATE  AUGUST 18, 2014
	AMENDED IN SENATE  JULY 1, 2014
	AMENDED IN ASSEMBLY  MAY 23, 2014
	AMENDED IN ASSEMBLY  APRIL 7, 2014

INTRODUCED BY   Assembly Members Hall and Bonta
   (Coauthors: Assembly Members Bocanegra, Buchanan, Holden, and
Skinner)
   (Coauthor: Senator Monning)

                        FEBRUARY 20, 2014

   An act to add Section 48297 to the Education Code, relating to
pupil attendance.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 2141, Hall. Pupil attendance: truancy: referrals for
prosecution.
   Existing law defines a truant as any pupil subject to compulsory
full-time education or to compulsory continuation education who is
absent from school without a valid excuse 3 full days in one school
year, or tardy or absent for more than any 30-minute period during
the schoolday without a valid excuse on 3 occasions in one school
year, or any combination thereof. Existing law provides that a pupil
who is required to be reported as a truant is subject to specified
penalties for the first to 4th instances that a truancy report is
issued to a pupil, and, under certain circumstances, he or she may be
judged a ward of the juvenile court. Existing law provides that a
parent, guardian, or other person having control of or charge of any
pupil who is a truant or chronic truant is guilty of, among other
things, an infraction and subject to specified penalties for the
first to 3rd or subsequent convictions.
   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 or to the probation
department for services if the probation department has elected to
receive these referrals. Existing law, under specified circumstances,
authorizes a school attendance review board to notify the district
attorney or the probation officer, or both, if the district attorney
or the probation officer has elected to participate in a truancy
mediation program, as specified. Existing law, under specified
circumstances, also authorizes a school attendance review board or
probation officer to direct the county superintendent of schools to
request a petition on behalf of the pupil in the juvenile court of
the county.
   This bill would require a state or local agency conducting a
truancy-related mediation or prosecuting a pupil or a pupil's parent
or legal guardian pursuant to these provisions, among others, to
provide the school district, school attendance review board, county
superintendent of schools, probation department, or any other agency
that referred the truancy-related mediation, criminal complaint, or
petition with the outcome of each referral, as specified. By imposing
additional duties on local officials, the bill would impose a
state-mandated local program.
   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.


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

  SECTION 1.  Section 48297 is added to the Education Code, to read:
   48297.  (a) (1) A state or local agency conducting a
truancy-related mediation or prosecuting a pupil or a pupil's parent
or legal guardian pursuant to Article 5 (commencing with Section
48260), this article, Section 48454, Section 270.1 or 272 of the
Penal Code, or Section 601 of the Welfare and Institutions Code, as
applicable, shall provide, using the most cost-effective method
possible, including, but not limited to, by electronic mail or
telephone, the school district, school attendance review board,
county superintendent of schools, probation department, or any other
agency that referred a truancy-related mediation, criminal complaint,
or petition with the outcome of each referral. For purposes of this
section, "outcome" means the imposed conditions or terms placed on a
pupil or a pupil's parent or legal guardian and the acts or actions
taken by a state or local authority with respect to a truancy-related
mediation, prosecution, criminal complaint, or petition.
   (2) This subdivision shall apply to, but is not limited to, the
referrals referenced in Article 5 (commencing with Section 48260),
this article, Section 48454, Sections 270.1 and 272 of the Penal
Code, and Sections 601, 601.2, and 601.3 of the Welfare and
Institutions Code.
   (b) It is the intent of the Legislature to determine the best
evidence-based practices to reduce truancy. Nothing in this section
is intended to encourage additional referrals, complaints, petitions,
or prosecutions, or to encourage more serious sanctions for pupils.
  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.