Bill Text: CA SB240 | 2011-2012 | Regular Session | Amended
Bill Title: Truancy: collective action.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2012-01-31 - Returned to Secretary of Senate pursuant to Joint Rule 56. [SB240 Detail]
Download: California-2011-SB240-Amended.html
BILL NUMBER: SB 240 AMENDED
BILL TEXT
AMENDED IN SENATE MAY 4, 2011
AMENDED IN SENATE MARCH 22, 2011
INTRODUCED BY Senator Rubio
FEBRUARY 9, 2011
An act to amend Section 270.1 of the Penal Code, relating to
truancy.
LEGISLATIVE COUNSEL'S DIGEST
SB 240, as amended, Rubio. Truancy: collective action.
Existing law establishes the system of public elementary and
secondary schools in this state. Existing law provides that each
person between the ages of 6 and 18 years, with specified exceptions,
is subject to compulsory full-time education. Existing law specifies
that any pupil subject to compulsory full-time education or
compulsory continuation education who is absent from school without
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,
is a truant.
Existing law requires that any pupil subject to compulsory
full-time education or compulsory continuation education who is
absent from school without a valid excuse for 10% or more of the
schooldays in one school year, from the date of enrollment to the
current date, is deemed a chronic truant, provided that the
appropriate school district officer or employee has
complied with prescribed provisions. Existing law provides that a
parent or guardian of a pupil of 6 years of age or more who is in
kindergarten or any of grades 1 to 8, inclusive, and who is subject
to compulsory full-time education or compulsory continuation
education, whose child is a chronic truant, who has failed to
reasonably supervise and encourage the pupil's school attendance, and
who has been offered language accessible support services to address
the pupil's truancy, is guilty of a misdemeanor punishable by a fine
not exceeding $2,000, or by imprisonment in a county jail for a
period not exceeding one year, or by both that fine and imprisonment.
This bill would prohibit a parent or guardian from being subject
to prosecution under this provision because of an absence of the
pupil due to collective action, as defined. The bill would
define collective action as an action in which the parents or
guardians of a majority of the pupils enrolled in a grade level at a
public elementary , middle, or secondary school withhold
their children from attendance at that school because of a grievance
these parents, guardians, pupils, or other members of the school
community are presenting to the administration of the school or
school district relating to the alleged failure to provide
pupils with educational opportunity, as specified . The bill
would prescribe a procedure for the commencement and conclusion
of a collective action under the bill. This procedure would
require the presentation of a petition setting forth the grounds for
the grievance to the school principal, schoolsite council if one
exists, and the secretary or presiding officer of the governing board
of the school district.
The bill would provide that an absence of a pupil due to a
collective action is an excused absence, and would prohibit any
absence due to a collective action from being counted in determining
whether a pupil is a truant for purposes of these provisions or the
provisions of the Education Code.
Vote: majority. Appropriation: no. Fiscal committee: no.
State-mandated local program: no.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 270.1 of the Penal Code is amended to read:
270.1. (a) (1) A parent or guardian of a pupil of six years of
age or more who is in kindergarten or any of grades 1 to 8,
inclusive, and who is subject to compulsory full-time education or
compulsory continuation education, whose child is a chronic truant as
defined in Section 48263.6 of the Education Code, who has failed to
reasonably supervise and encourage the pupil's school attendance, and
who has been offered language accessible support services to address
the pupil's truancy, is guilty of a misdemeanor punishable by a fine
not exceeding two thousand dollars ($2,000), or by imprisonment in a
county jail not exceeding one year, or by both that fine and
imprisonment. A parent or guardian guilty of a misdemeanor under this
subdivision may participate in the deferred entry of judgment
program defined in subdivision (b).
(2) (A) Notwithstanding paragraph (1), a parent or guardian shall
not be subject to prosecution under this section because of
any absence an absence of t he pupil
due to a collective action, as defined in subparagraph (B). An
absence of a pupil due to a collective action, commencing three days
after the submission of the petition described in subparagraph (C),
is an excused absence, and shall not be counted in determining
whether a pupil is a truant for purposes of this section or for
purposes of the Education Code. An absence due to a collective action
shall be excused only for a pupil whose parent or
guardian has signed the petition described in subparagraph (C).
(B) For purposes of this paragraph, "collective action" means an
action in which the parents or guardians of a majority of the pupils
enrolled in a grade level at a public elementary , middle,
or secondary school withhold their children from attendance at that
school because of a grievance these parents, guardians, pupils, or
other members of the school community are presenting to the
administration of the school or school district relating to the
alleged failure to provide pupils with educational opportunity,
including, but not limited to, failure to provide translated
documents pursuant to Section 48985 of the Education Code, highly
qualified teachers and a consistent and stable teaching
force, sufficient textbooks or instructional materials as defined in
Section 60119 of the Education Code, or facilities maintained in good
repair, as defined in Section 17002 of the Education Code .
(C) For purposes of this paragraph, a collective action commences
when three days after a petition
setting forth the grounds for the grievance, and signed by the
parents or guardians of a majority of the pupils enrolled in a grade
level at the public elementary , middle, or secondary
school, is presented to the principal of the school, to the
schoolsite council if one exists at that school, and to the secretary
or presiding officer of the governing board of the school district
in which the school is located. Presentation of the petition shall be
accomplished by delivery, during regular business hours, of an
original or copy of the petition to the school office, with respect
to presentation of the petition to the principal or the schoolsite
council, and by delivery of an original or copy of the petition to
the school district office, with respect to presentation of the
petition to the secretary or presiding officer of the governing board
of the school district.
(D) A collective action, as defined in subparagraph (B), shall
conclude on the date that an agreement is signed by the parents or
guardians of a majority of the pupils enrolled in a grade level at
the public elementary, middle, or secondary school for which the
petition was submitted, stating that the grievance has been addressed
to their satisfaction, or on the 30th day after the collective
action commenced, whichever occurs first. A collective action shall
not commence if, within the first three school days after the
petition is presented, an agreement is signed by the parents or
guardians of a majority of the pupils enrolled in a grade level at
the public elementary, middle, or secondary school for which the
petition was submitted, stating that the grievance has been addressed
to their satisfaction.
(E) For purposes of this paragraph, a petition shall be deemed
valid if, within 24 hours of the presentation of the petition, the
presiding officer of the governing board of the school district in
which the school is located does not contest the validity of the
petition. A petition may be contested only if it can be shown that
less than a majority of parents or guardians signed the petition
pursuant to subparagraph (C) or if the petition is presented for a
grievance other than for the failure to provide educational
opportunity as described in subparagraph (B).
(b) A superior court may establish a deferred entry of judgment
program that includes the components listed in paragraphs (1) to (7),
inclusive, to adjudicate cases involving parents or guardians of
elementary school pupils who are chronic truants as defined in
Section 48263.6 of the Education Code:
(1) A dedicated court calendar.
(2) Leadership by a judge of the superior court in that county.
(3) Meetings, scheduled and held periodically, with school
district representatives designated by the chronic truant's school
district of enrollment. Those representatives may include school
psychologists, school counselors, teachers, school administrators, or
other educational service providers deemed appropriate by the school
district.
(4) Service referrals for parents or guardians, as appropriate to
each case , that may include, but are not limited to, all
of the following:
(A) Case management.
(B) Mental and physical health services.
(C) Parenting classes and support.
(D) Substance abuse treatment.
(E) Child care and housing.
(5) A clear statement that, in lieu of trial, the court may grant
deferred entry of judgment with respect to the current crime or
crimes charged if the defendant pleads guilty to each charge and
waives time for the pronouncement of judgment and that, upon the
defendant's compliance with the terms and conditions set forth by the
court and agreed to by the defendant upon the entry of his or her
plea, and upon the motion of the prosecuting attorney, the court will
dismiss the charge or charges against the defendant and the same
procedures specified for successful completion of a drug diversion
program or a deferred entry of judgment program pursuant to Section
851.90 and the provisions of Section 1203.4 shall apply.
(6) A clear statement that failure to comply with any condition
under the program may result in the prosecuting attorney or the court
making a motion for entry of judgment, whereupon the court will
render a finding of guilty to the charge or charges pled, enter
judgment, and schedule a sentencing hearing as otherwise provided in
this code.
(7) An explanation of criminal record retention and disposition
resulting from participation in the deferred entry of judgment
program and the defendant's rights relative to answering questions
about his or her arrest and deferred entry of judgment following
successful completion of the program.
(c) Funding for the deferred entry of judgment program pursuant to
this section shall be derived solely from nonstate sources.
(d) A parent or guardian of an elementary school pupil who is a
chronic truant, as defined in Section 48263.6 of the Education Code,
may not be punished for a violation of both this section and the
provisions of Section 272 that involve criminal liability for parents
and guardians of truant children.
(e) If any district attorney chooses to charge a defendant with a
violation of subdivision (a) and the defendant is found by the
prosecuting attorney to be eligible or ineligible for deferred entry
of judgment, the prosecuting attorney shall file with the court a
declaration in writing, or state for the record, the grounds upon
which that determination is based.
