Bill Text: CA AB980 | 2011-2012 | Regular Session | Introduced

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

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Bill Title: School attendance review boards: communications.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2012-02-01 - Died pursuant to Art. IV, Sec. 10(c) of the Constitution. From committee: Filed with the Chief Clerk pursuant to Joint Rule 56. [AB980 Detail]

Download: California-2011-AB980-Introduced.html

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BILL NUMBER: AB 980	INTRODUCED
	BILL TEXT


INTRODUCED BY   Assembly Member Bonilla

                        FEBRUARY 18, 2011

   An act to add Section 48324.5 to the Education Code, relating to
school attendance review boards.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 980, as introduced, Bonilla. School attendance review boards:
communications.
   Existing law authorizes establishment of county and local school
attendance review boards which 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. 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
provides that if the board determines that available community
services can resolve the problem of the truant or insubordinate
pupil, then the board shall direct the pupil or the pupil's parents
or guardians, or both, to make use of those community services and
may require satisfactory evidence of participation in the available
community services. Existing law provides that for the purposes of
making a proper disposition of referrals, the board may issue
subpoenas, or may request the juvenile court having jurisdiction to
issue subpoenas, requiring the production of pertinent or material
written information or the attendance of the minor, his or her
parents or guardians, the referring authority, or any other person
with pertinent or material information concerning the matter.
   Existing law generally provides for the confidentiality of
juvenile court records and records relating to the administration of
public social services.
   This bill would specify that, for the purpose of making a proper
disposition of a referral, a member of a county or local school
attendance review board, notwithstanding any other confidentiality
requirement, may disclose and exchange confidential information or
writing to other members of the board, consistent with the adopted
rules and regulations of the board, if the member reasonably believes
it is relevant to the prevention, identification, or treatment of
truancy. The bill would also provide that any discussion relative to
the disclosure or exchange of that information or writing during a
board meeting is confidential, and that testimony concerning that
discussion is not admissible in any criminal, civil, or juvenile
court proceeding.
   Because the California Constitution provides that a statute
excluding relevant evidence in a criminal proceeding requires a 2/3
vote for passage by the Legislature, this bill requires a 2/3 vote.
   Vote: 2/3. Appropriation: no. Fiscal committee: no. State-mandated
local program: no.


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

  SECTION 1.  Section 48324.5 is added to the Education Code, to
read:
   48324.5.  For the purpose of making a proper disposition of a
referral of a minor pupil made pursuant to Section 48263, a member of
a county or local school attendance review board, notwithstanding
any other confidentiality requirement, may disclose and exchange
information or writing to other members of the board consistent with
the rules and regulations of the board adopted pursuant to Section
48324, if that writing is kept or maintained in connection with any
program of public social services, probation, law enforcement, or is
otherwise designated as confidential under state law and that the
member reasonably believes is relevant to the prevention,
identification, or treatment of truancy. Any discussion relative to
the disclosure or exchange of that information or writing during a
board meeting is confidential. Notwithstanding any other provision of
law, testimony concerning any discussion relative to the disclosure
or exchange of that information or writing is not admissible in any
criminal, civil, or juvenile court proceeding.