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AB-1643 Pupil attendance: school attendance review boards.(2013-2014)

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AB1643:v92#DOCUMENT

Assembly Bill No. 1643
CHAPTER 879

An act to amend Section 48321 of the Education Code, relating to pupil attendance.

[ Approved by Governor  September 30, 2014. Filed with Secretary of State  September 30, 2014. ]

LEGISLATIVE COUNSEL'S DIGEST


AB 1643, Buchanan. Pupil attendance: school attendance review boards.
(1) 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.
This bill would authorize a county school attendance review board to accept referrals or requests for hearing services from one or more school districts within its jurisdiction. The bill would authorize a county school attendance review board to be operated through a consortium or partnership of a county with one or more school districts or between 2 or more counties. The bill would add representatives from at least one county district attorney’s office and one county public defender’s office to both county and local school attendance review boards, as specified.
(2) 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 specify that, for purposes of conducting hearings, the county school attendance review board is authorized to meet as needed, and would further authorize the chairperson of the county school attendance review board to determine the members needed at those hearings, as specified.
(3) Existing law authorizes a county school attendance review board to provide consultant services to, and coordinate the activities of, local school attendance review boards, as provided.
This bill would instead authorize a county school attendance review board to provide guidance to local school attendance review boards.
(4) This bill would also make conforming and nonsubstantive changes.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: NO   Local Program: NO  

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 may be established in each county. The county school attendance review board may accept referrals or requests for hearing services from one or more school districts within its jurisdiction, pursuant to subdivision (f). A county school attendance review board may be operated through a consortium or partnership of a county with one or more school districts or between two or more counties.
(2) A county school attendance review board, if established, 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 may be included.
(M) A representative of the county public defender’s office. If more than one county is represented in a county school attendance review board, a representative from each county’s public defender’s office 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.
(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.
(5) (A) If a county school attendance review board exists, the county superintendent of schools shall, at the beginning of each school year, convene a meeting of the county school attendance review board for purposes of 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.
(B) Notwithstanding subparagraph (A), for purposes of conducting hearings, a county school attendance review board may 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 may be included.
(M) A representative of the county public defender’s office. If more than one county is represented in a county school attendance review board, a representative from each county’s public defender’s office 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.
(e) In any county in which there is no county school attendance review board, a school district governing board may elect to establish a local school attendance review board, which shall operate in the same manner and have the same authority as a county school attendance review board.
(f) A county school attendance review board may provide guidance to local school attendance review boards.
(g) 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.
(h) Nothing in this article is intended to prohibit an agreement on the part of counties to provide these services on a regional basis.