Bill Text: CA SB1107 | 2013-2014 | Regular Session | Amended
Bill Title: Pupil attendance: Attorney General report: truancy.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2014-05-23 - Held in committee and under submission. [SB1107 Detail]
Download: California-2013-SB1107-Amended.html
BILL NUMBER: SB 1107 AMENDED
BILL TEXT
AMENDED IN SENATE APRIL 21, 2014
AMENDED IN SENATE APRIL 3, 2014
INTRODUCED BY Senator Monning
FEBRUARY 19, 2014
An act to add Section 48070.7 to the Education Code, relating to
pupil attendance.
LEGISLATIVE COUNSEL'S DIGEST
SB 1107, as amended, Monning. Pupil attendance: Attorney General
report: truancy.
(1) Existing law authorizes the establishment of county and local
school attendance review boards, and 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 governing board of a school district to adopt rules and
regulations to require the appropriate officers and employees of the
district to gather and transmit to the county superintendent of
schools the number and types of referrals to school attendance review
boards and of requests for petitions to the juvenile court.
This bill would, subject to available funding, on or before
September 30, 2015, and annually thereafter, require the Attorney
General and the State Department of Education to jointly submit a
report on elementary school truancy and chronic absenteeism in
California public schools to the Governor, the Legislature, and to
the State Board of Education, as specified. The bill would require
the report to include information on pupils in kindergarten and
grades 1 to 5, inclusive, including, among other things,
attendance-related data and information regarding truancy prevention
and intervention efforts by local educational agencies, as defined,
or county or local prosecuting authorities, as specified. The bill
would, upon the request of the Attorney General or the department,
require county and local prosecuting authorities or local educational
agencies, respectively, to provide the Attorney General or the
department with specified information in anonymized format. By
imposing additional duties on local agencies, the bill would impose a
state-mandated local program.
(2) Existing law requires the Superintendent of Public Instruction
to coordinate and administer a state school attendance review board,
as provided. Existing law requires the Superintendent to convene the
state school attendance review board at least 4 times during the
year. Existing law requires the state school attendance review board
to, among other things, make recommendations annually to the
Superintendent, and to other state agencies as deemed appropriate,
regarding the needs and services provided to high-risk youth,
including youth with school attendance or behavioral problems, in the
state public schools.
This bill would require the state school attendance review board
to annually discuss the report jointly submitted by the Attorney
General and the department at a regularly scheduled meeting. The bill
would authorize the state school attendance review board to provide
recommendations based on the report.
(3) 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.
(4) This bill would specify the intent of the Legislature in
enacting these 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. The Legislature finds and declares both
of the following:
(a) It is intent of the Legislature to determine the best
evidenced-based practices to reduce truancy.
(b) Nothing in this act is intended to encourage additional
referrals, complaints, petitions, prosecutions, or other serious
sanctions for pupils.
SECTION 1. SEC. 2. Section 48070.7
is added to the Education Code, to read:
48070.7. (a) Subject to available funding, on or before September
30, 2015, and annually thereafter, the Attorney General and the
department shall jointly submit a report to the Governor, the
Legislature, and the state board on elementary school truancy and
chronic absenteeism in California public schools. The Attorney
General and the department shall utilize data produced by the
California Longitudinal Pupil Achievement Data System pursuant to
Section 60900 and other available data in developing the report.
(b) The report required by subdivision (a) shall include, but is
not limited to, all of the following information
information, if available, regarding pupils in
kindergarten and grades 1 to 5, inclusive, for the school year with
the most recent available data, including comparisons with the prior
school year:
(1) Attendance-related data, as described in subdivision (c) of
Section 60901.
(2) Information regarding truancy prevention and intervention
efforts by local educational agencies, or county or local prosecuting
authorities, including, but not limited to, all of the following:
(A) Information regarding the notifications required by
subdivision (a) of Section 48260 and Sections 48260.5 and 48261.
(B) Information regarding the activities of county and local
school attendance review boards established pursuant to Section
48321.
(C) Information regarding the outcomes of prosecutions and
mediation or diversion programs for pupils who are truant or who have
irregular attendance, or whether the prosecuting authority declined
to prosecute referrals of those pupils.
(3) An analysis, if data is available,
analysis of whether local educational agencies are complying
with the requirements of subdivision (a) of Section 48260 and
Sections 48260.5, 48261, and 48273, as applicable.
(c) For purposes of this section, "local educational agency" means
a school, charter school, county office of education, school
district, or county or local school attendance review board.
(d) (1) Upon the Attorney General's request, county and local
prosecuting authorities shall provide the Attorney General the
information and analysis described in paragraphs (2) and (3) of
subdivision (b) in anonymized format.
(2) Upon the department's request, local educational agencies
shall provide the department the information and analysis described
in paragraphs (2) and (3) of subdivision (b) in anonymized format.
(e) (1) The requirement for submitting a report imposed under
subdivision (a) is inoperative on September 30, 2019, pursuant to
Section 10231.5 of the Government Code.
(2) A report submitted pursuant to subdivision (a) shall be
submitted in compliance with Section 9795 of the Government Code.
(f) The state school attendance review board, established pursuant
to Section 48325, shall annually discuss the report submitted
pursuant to subdivision (a) during a regularly scheduled meeting. The
state school attendance review board may provide recommendations
based on the report, as appropriate.
SEC. 2. SEC. 3. 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.
