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 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   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  a   one or more  school
 district   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 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  the beginning
of the school year to develop guidelines and policies and adopting
plans, as specified, and to meet at  least 4 
 3 additional  times each school  year. 
 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  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 shall be
established in each  county and   county. The
primary purpose of the county school attendance review board shall be
to develop guidelines, policies, or programs 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. The county school attendance
review board  may accept referrals or requests for hearing
services from  a   one or more  school
 district   districts  within its 
jurisdiction.   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)  The   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  shall   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.  
   (3) 
    (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.

   (4) 
    (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
 to promote interagency and community cooperation and to
reduce the duplication of services provided to youth who have serious
school attendance and behavior problems.   pursuant to
paragraph (1).  A county school attendance review board shall
meet at least  four   three additional 
times each school  year.   year to assess the
effectiveness of services and supports that its school attendance
review boards provide to youth and their families.  
   (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  shall   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  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.   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. 
   (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.