Bill Text: CA AB2176 | 2023-2024 | Regular Session | Amended
Bill Title: Juvenile court schools: chronic absenteeism rates.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Engrossed) 2024-05-23 - From committee chair, with author's amendments: Amend, and re-refer to committee. Read second time, amended, and re-referred to Com. on PUB S. [AB2176 Detail]
Download: California-2023-AB2176-Amended.html
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Amended
IN
Senate
May 23, 2024 |
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Amended
IN
Assembly
April 04, 2024 |
CALIFORNIA LEGISLATURE—
2023–2024 REGULAR SESSION
Assembly Bill
No. 2176
| Introduced by Assembly Member Berman |
February 07, 2024 |
LEGISLATIVE COUNSEL'S DIGEST
AB 2176, as amended, Berman.
Juveniles: access to education. Juvenile court schools: chronic absenteeism rates.
Existing law creates the Office of Youth and Community Restoration within the California Health and Human Services Agency to promote trauma-responsive, culturally informed services for youth involved in the juvenile justice system, as specified. Existing law grants the office the responsibility and authority to, among other things, report on youth outcomes, identify and disseminate best practices, and report annually on the work of the office. Existing law requires the office to have an ombudsperson and authorizes the ombudsperson to, among other things, investigate complaints from youth. Existing law requires the ombudsperson to publish and provide regular reports to the Legislature regarding data collected concerning, among other things, complaints received and investigations performed by the
ombudsperson. Existing law requires county boards of education to provide for the administration and operation of public schools in juvenile halls, juvenile ranches, and juvenile camps, among others, known as juvenile court schools.
This bill would also require the office to develop an annual report on chronic absenteeism rates in juvenile court schools. The bill would, subject to available funding, require the office to investigate the reasons for absenteeism at juvenile court schools with chronic absenteeism rates of 15% or more, and, if the office determines that insufficient staff, transportation, punitive policies, or any policies under the juvenile facility’s control are contributing to chronic absenteeism rates, require the office to provide technical assistance to ameliorate the identified causes of the chronic absenteeism. The bill would also require
the ombudsperson to include reports on chronic absenteeism in its reports to the Legislature.
Existing law and case law recognize that education is a fundamental right under the state constitution. Existing law, the Arnold-Kennick Juvenile Court Law, states its purpose is to provide for the protection and safety of the public and each minor under the jurisdiction of the juvenile court, and require minors under the jurisdiction of the juvenile court to receive care, treatment, and guidance consistent with their best interests. Existing law requires county boards of education to provide for the administration and operation of public schools in juvenile halls, juvenile ranches, and juvenile camps, among others, known as juvenile court schools.
This bill would prohibit juveniles who are detained in, or committed to, juvenile hall, a secure youth treatment facility, juvenile ranch, camp, or forestry camp from being denied access to an
equitable education with their peers, except in limited and temporary circumstances where the juvenile poses an immediate threat to staff or other juveniles. The bill would require a county probation department, in collaboration with a
county office of education, to ensure that juveniles who are temporarily denied access to equitable education with their peers have access to paper or online coursework that is aligned to grade level standards. To the extent this bill would mandate that a county probation department or county office of education provide a new program or higher level of service, 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 the statutory provisions noted above.
Digest Key
Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program:Bill Text
The people of the State of California do enact as follows:
SECTION 1.
Section 2200 of the Welfare and Institutions Code, as amended by Chapter 528 of the Statutes of 2023, is amended to read:2200.
(a) Commencing July 1, 2021, there is in the California Health and Human Services Agency the Office of Youth and Community Restoration.(b) The office’s mission is to promote trauma responsive, culturally informed services for youth involved in the juvenile justice system that support the youths’ successful transition into adulthood and help them become responsible, thriving, and engaged members of their communities.
(c) The office shall have the following responsibility and authority:
authority to do all of the following:
(1) Once data becomes available as a result of the plan developed to Section 13015 of the Penal Code, develop a report on youth outcomes in the juvenile justice system.
(2) Identify policy recommendations for improved outcomes and integrated programs and services to best support delinquent youth.
(3) Identify and disseminate best practices to help inform rehabilitative and restorative youth practices, including education, diversion, re-entry, religious and victims’ services.
(4) Provide technical assistance as requested to develop and expand local youth diversion opportunities to meet the varied needs of the delinquent youth population, including but not limited to sex
offender, substance abuse, and mental health treatment.
(5) Report annually on the work of the Office of Youth and Community Restoration.
(6) (A) Develop an annual report on chronic absenteeism rates in juvenile court schools at juvenile facilities. The office may work with the State Department of Education and county offices of education to include data for all juvenile court schools.
(B) Subject to available funding, investigate the reasons for absenteeism at juvenile court schools with chronic absenteeism rates of 15 percent or more, including, but not limited to, an investigation of whether the juvenile facility has provided sufficient staff to support transportation and access to educational services and
whether policies or practices have been implemented that withhold educational services from youth as a means of individual or group punishment. The office shall include a summary of the findings of any investigation it conducts in the annual report.
(C) Subject to available funding, if, after an investigation, the office determines that insufficient staff, transportation, punitive policies, or any policies under the juvenile facility’s control are contributing to chronic absenteeism rates, provide technical assistance to ameliorate the identified causes of the chronic absenteeism.
(d) The office shall have an ombudsperson, who has the authority to do all of the following:
(1) Investigate complaints from youth.
(2) Decide, in its
discretion, whether to investigate complaints from youth who are detained in the, or committed to, juvenile facilities, families, staff, and others about harmful conditions or practices, violations of laws and regulations governing facilities, and circumstances presenting an emergency situation, or refer complaints to another body for investigation.
(3) Publish and provide regular reports to the Legislature about complaints received and subsequent findings and actions taken, pursuant to Section 2200.5.
(4) Have access to, review, and receive and make copies of any record of a local agency, and contractors with local agencies, including, but not limited to, all juvenile facility records, at all times, except personnel records legally required to be kept confidential. Access to records shall be in accordance with existing law and rules of court governing juvenile confidentiality and
all other applicable laws.
(5) Meet or communicate privately with any youth, personnel, or volunteer in a juvenile facility and premises within the control of a county or local agency, or a contractor with a county or local agency, and may interview any relevant witnesses. The ombudsperson may interview sworn probation personnel in accordance with applicable federal and state law, local probation department policies, and collective bargaining agreements. The ombudsperson shall be granted access to youth at all times, and may take notes, audio or video recording, or photographs during the meeting or communication with youth, to the extent not otherwise prohibited by applicable federal or state law. The ombudsperson shall be permitted to carry with them and use the equipment necessary to document the meeting or communication with youth as described in this section, to the extent not otherwise prohibited by applicable federal or state law. Access
shall be in accordance with existing law and rules of court governing juvenile confidentiality and all other applicable laws.
(6) Disseminate information and provide training and technical assistance to youth who are involved in the juvenile justice system, social workers, probation officers, tribal child welfare agencies, child welfare organizations, children’s and youth advocacy groups, consumer and service provider organizations, and other interested parties on the rights of youth involved in the juvenile justice system and the services provided by the ombudsperson. The rights shall include rights set forth in federal and state law and regulations for youth detained in or committed to juvenile justice facilities. The information shall include methods of contacting the ombudsperson and notification that conversations with the office may be disclosed to other persons, as necessary to adequately investigate and resolve a complaint.
(7) Access, visit, and observe juvenile facilities and premises within the control of a county, or local agency, or a contractor with a county, or local agency, serving youth involved in the juvenile justice system. The ombudsperson shall be granted access to the facilities at any time with or without prior notice.
(8) For purposes of this section, “record” means documents, papers, memoranda, logs, reports, letters, calendars, schedules, notes, files, drawings, and electronic content, including, but not limited to, videos, photographs, blogs, video blogs, instant and text messages, email, or other items developed or received under law or in connection with the transaction of official business, but does not include material that is protected by privilege.
(9) Ombudsperson staff shall conduct a site visit to every
juvenile facility and premises within the control of a county or local agency, or a contractor with a county or local agency, no less frequently than once per year.
(e) The Division of the Ombudsperson of the Office of Youth and Community Restoration shall design posters and provide the posters to each juvenile facility operator subject to Section 224.72. These posters shall include the toll-free telephone number of the Ombudsperson of the Office of Youth and Community Restoration.
(f) Consistent with Chapter 17.5 (commencing with Section 7290) of Division 7 of Title 1 of the Government Code, on or before July 1, 2023, the Office of Youth and Community Restoration shall ensure the listing of rights and posters described in this section are translated into Spanish and other languages as determined necessary and distribute to each juvenile facility operator.
(g) The Office of Youth and Community Restoration shall evaluate the efficacy of local programs being utilized for realigned youth. No later than July 1, 2025, the office shall report its findings to the Governor and the Legislature.
(h) Juvenile grants shall not be awarded by the Board of State and Community Corrections without the concurrence of the office. All juvenile justice grant administration functions in the Board of State and Community Corrections shall be moved to the office no later than January 1, 2025.
(i) The Office of Youth and Community Restoration shall submit to the Department of Justice fingerprint images and related information required by the Department of Justice for all employees, prospective employees, contractors, subcontractors, and volunteers requiring direct contact with young people in
juvenile facilities or access to criminal offender record information, as defined by Section 11075 of the Penal Code, pursuant to subdivision (u) of Section 11105 of the Penal Code. The Department of Justice shall provide a state- or federal-level response pursuant to subdivision (p) of Section 11105 of the Penal Code.
(j) Notwithstanding Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code, the Office of Youth and Community Restoration may establish grantmaking programs with the funding designated in the Budget Act of 2021 and with other funding available for that purpose by means of information notices or other similar instructions, without taking further regulatory action.
(k) The Office of Youth and Community Restoration may enter into exclusive or nonexclusive contracts, or amend existing contracts, on a bid or negotiated basis
for purposes of implementing those activities funded by the Budget Act of 2021 and other funding available for these purposes. Contracts entered into or amended pursuant to this section are exempt from Chapter 6 (commencing with Section 14825) of Part 5.5 of Division 3 of Title 2 of the Government Code, Section 19130 of the Government Code, Part 2 (commencing with Section 10100) of Division 2 of the Public Contract Code, the State Administrative Manual, and the State Contracting Manual, and are exempt from the review or approval of any division of the Department of General Services.
(l) This section shall remain in effect only until January 1, 2028, and as of that date is repealed.
SEC. 2.
Section 2200 of the Welfare and Institutions Code, as amended by Chapter 528 of the Statutes of 2023, is amended to read:2200.
(a) Commencing July 1, 2021, there is in the California Health and Human Services Agency the Office of Youth and Community Restoration.(b) The office’s mission is to promote trauma-responsive, culturally informed services for youth involved in the juvenile justice system that support the youths’ successful transition into adulthood and help them become responsible, thriving, and engaged members of their communities.
(c) The office shall have the following responsibility and authority:
authority to do all of the following:
(1) Once data becomes available as a result of the plan developed to Section 13015 of the Penal Code, develop a report on youth outcomes in the juvenile justice system.
(2) Identify policy recommendations for improved outcomes and integrated programs and services to best support delinquent youth.
(3) Identify and disseminate best practices to help inform rehabilitative and restorative youth practices, including education, diversion, re-entry, religious and victims’ services.
(4) Provide technical assistance as requested to develop and expand local youth diversion opportunities to meet the varied needs of the delinquent youth population, including but not limited to sex
offender, substance abuse, and mental health treatment.
(5) Report annually on the work of the Office of Youth and Community Restoration.
(6) (A) Develop an annual report on chronic absenteeism rates in juvenile court schools at juvenile facilities. The office may work with the State Department of Education and county offices of education to include data for all juvenile court schools.
(B) Subject to available funding, investigate the reasons for absenteeism at juvenile court schools with chronic absenteeism rates of 15 percent or more, including, but not limited to, an investigation of whether the juvenile facility has provided sufficient staff to support transportation and access to educational services and
whether policies or practices have been implemented that withhold educational services from youth as a means of individual or group punishment. The office shall include a summary of the findings of any investigation it conducts in the annual report.
(C) Subject to available funding, if, after an investigation, the office determines that insufficient staff, transportation, punitive policies, or any policies under the juvenile facility’s control are contributing to chronic absenteeism rates, provide technical assistance to ameliorate the identified causes of the chronic absenteeism.
(d) The office shall have an ombudsperson, who has the authority to do all of the following:
(1) Investigate complaints from youth.
(2) Decide, in its
discretion, whether to investigate complaints from youth who are detained in the, or committed to, juvenile facilities, families, staff, and others about harmful conditions or practices, violations of laws and regulations governing facilities, and circumstances presenting an emergency situation, or refer complaints to another body for investigation.
(3) Publish and provide regular reports to the Legislature about complaints received and subsequent findings and actions taken, pursuant to Section 2200.5.
(4) Have access to, and make copies of any record of a local agency, and contractors with local agencies, including, but not limited to, all juvenile facility records, at all times, except personnel records legally required to be kept confidential. Access to records shall be in accordance with existing law and rules of court governing juvenile confidentiality and all other
applicable laws.
(5) Meet or communicate privately with any youth, personnel, or volunteer in a juvenile facility and premises within the control of a county or local agency, or a contractor with a county or local agency, and may interview any relevant witnesses. The ombudsperson may interview sworn probation personnel in accordance with applicable federal and state law, local probation department policies, and collective bargaining agreements. The ombudsperson shall be granted access to youth at all times, and may take notes, audio or video recording, or photographs during the meeting or communication with youth, to the extent not otherwise prohibited by applicable federal or state law. The ombudsperson shall be permitted to carry with them and use the equipment necessary to document the meeting or communication with youth as described in this section, to the extent not otherwise prohibited by applicable federal or state law. Access shall be
in accordance with existing law and rules of court governing juvenile confidentiality and all other applicable laws.
(6) Disseminate information and provide training and technical assistance to youth who are involved in the juvenile justice system, social workers, probation officers, tribal child welfare agencies, child welfare organizations, children’s and youth advocacy groups, consumer and service provider organizations, and other interested parties on the rights of youth involved in the juvenile justice system and the services provided by the ombudsperson. The rights shall include rights set forth in federal and state law and regulations for youth detained in or committed to juvenile justice facilities. The information shall include methods of contacting the ombudsperson and notification that conversations with the office may be disclosed to other persons, as necessary to adequately investigate and resolve a complaint.
(7) Access, visit, and observe juvenile facilities and premises within the control of a county, or local agency, or a contractor with a county, or local agency, serving youth involved in the juvenile justice system. The ombudsperson shall be granted access to the facilities at any time with or without prior notice.
(8) For purposes of this section, “record” means documents, papers, memoranda, logs, reports, letters, calendars, schedules, notes, files, drawings, and electronic content, including, but not limited to, videos, photographs, blogs, video blogs, instant and text messages, email, or other items developed or received under law or in connection with the transaction of official business, but does not include material that is protected by privilege.
(9) Ombudsperson staff shall conduct a site visit to every
juvenile facility and premises within the control of a county or local agency, or a contractor with a county or local agency, no less frequently than once per year.
(e) The Division of the Ombudsperson of the Office of Youth and Community Restoration shall design posters and provide the posters to each juvenile facility operator subject to Section 224.72. These posters shall include the toll-free telephone number of the Ombudsperson of the Office of Youth and Community Restoration.
(f) Consistent with Chapter 17.5 (commencing with Section 7290) of Division 7 of Title 1 of the Government Code, on or before July 1, 2023, the Office of Youth and Community Restoration shall ensure the listing of rights and posters described in this section are translated into Spanish and other languages as determined necessary and distribute to each juvenile facility operator.
(g) The Office of Youth and Community Restoration shall evaluate the efficacy of local programs being utilized for realigned youth. No later than July 1, 2025, the office shall report its findings to the Governor and the Legislature.
(h) Juvenile grants shall not be awarded by the Board of State and Community Corrections without the concurrence of the office. All juvenile justice grant administration functions in the Board of State and Community Corrections shall be moved to the office no later than January 1, 2025.
(i) The Office of Youth and Community Restoration shall submit to the Department of Justice fingerprint images and related information required by the Department of Justice for all employees, prospective employees, contractors, subcontractors, and volunteers requiring direct contact with young people in
juvenile facilities or access to criminal offender record information, as defined by Section 11075 of the Penal Code, pursuant to subdivision (u) of Section 11105 of the Penal Code. The Department of Justice shall provide a state- or federal-level response pursuant to subdivision (p) of Section 11105 of the Penal Code.
(j) This section shall become operative on January 1, 2028.
SEC. 3.
Section 2200.5 of the Welfare and Institutions Code is amended to read:2200.5.
(a) The ombudsperson shall publish and provide regular reports to the Legislature about all data collected over the course of the year, including, but not limited to, contacts to the office, reports on chronic absenteeism, complaints received, including the type and source of those complaints, investigations performed by the ombudsperson, the time to investigate and resolve complaints, the number and types of complaints referred to other agencies, the trends and issues that arose in the course of investigating complaints, pending complaints, and subsequent findings and actions taken, and a summary of the data received by the ombudsperson. Data shall be disaggregated by gender, sexual orientation, race, and ethnicity of the complainants to the extent this information is available.(b) The ombudsperson shall include recommendations consistent with this data for improving the juvenile justice system.
(c) The compiled data and recommendations shall be posted so that it is available to the public on the office’s existing internet website.
(d) The report shall comply with all confidentiality laws.
(e) Nothing shall preclude the ombudsperson from issuing data, findings, or reports other than the annual compilation of data described in this section or Section 2200.
The Legislature finds and declares that, as recognized in the California Constitution, in Serrano v. Priest (1971) 5 Cal.3d 584, and Section 202 of the Education Code, education is a fundamental right that may not be abridged absent a compelling government interest.
(a)Juveniles who are detained in, or committed to, a juvenile hall shall not be denied access to an equitable education with their peers, except in limited and temporary circumstances where the juvenile poses an immediate threat to staff or other juveniles.
(b)A county probation department shall, in collaboration with a county office of education, ensure that juveniles who are temporarily denied access to equitable education with their peers have access to paper or online coursework that is aligned to grade level standards.
(c)These provisions shall be considered part of the current responsibilities
of the county probation department to provide and coordinate services for juveniles that enable the juveniles to access their fundamental right to an education and to be law-abiding and productive members of their families and communities.
(d)For purposes of this section, “juvenile” means any person detained in, or committed to, a juvenile hall who is 18 years of age or younger and has not obtained a high school diploma or equivalent.
(a)Juveniles who are detained in, or committed to, a secure youth treatment facility, juvenile ranch, camp, or forestry camp shall not be denied access to an equitable education with their peers, except in limited and temporary circumstances where the juvenile poses an immediate threat to staff or other juveniles.
(b)A county probation department shall, in collaboration with a county office of education, ensure that juveniles who are temporarily denied access to equitable education with their peers have access to paper or online coursework that is aligned to grade level standards.
(c)These
provisions shall be considered part of the current responsibilities of the county probation department to provide and coordinate services for juveniles that enable the juveniles to access their fundamental right to an education and to be law-abiding and productive members of their families and communities.
(d)For purposes of this section, “juvenile” means any person detained in, or committed to, a secure youth treatment facility, juvenile ranch, camp, or forestry camp who is 18 years of age or younger and has not obtained a high school diploma or equivalent.
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.
