Mark Leno
- Democratic
Author
(1) Existing law defines a truant as any pupil subject to compulsory full-time education or to compulsory continuation education who is absent from school without a 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. This bill would define a chronic truant as any pupil subject to compulsory full-time education or to compulsory continuing 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, provided that the appropriate school district officer or employee has complied with specified provisions of law. (2) Existing law provides that, if a person is a parent of a minor child, he or she 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, if he or she willfully omits, without lawful excuse, to furnish necessary clothing, food, shelter, medical attendance, or other remedial care for the child. Under existing law, the parent or guardian of a pupil, who is subject to compulsory full-time education or to compulsory continuation education, whose child is habitually truant, as defined, or fails to perform his or her duty to compel attendance of the pupil, is guilty of a crime. This bill would provide 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 to 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. The bill would provide that a parent or guardian may not be punished for a violation of both these provisions and another specified law involving criminal liability for parents or guardians of truant children. By changing the definition of an existing crime, this bill would impose a state-mandated local program. The bill would authorize a superior court to establish a deferred entry of judgment program, meeting specified conditions, to adjudicate cases involving parents or guardians of elementary school pupils who are chronic truants. The bill would authorize a deferred entry of judgment program established under the bill to refer defendant parents or guardians for services, including, but not necessarily limited to, case management, mental and physical health services, parenting classes and support, substance abuse treatment, and child care and housing. The bill would authorize the deferment of entry of judgment in these cases upon the defendant's compliance with terms and conditions set forth by the court. The bill would require that funding for the deferred entry of judgment program come solely from nonstate sources. (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 no reimbursement is required by this act for a specified reason.
Chaptered by Secretary of State. Chapter 647, Statutes of 2010.
Approved by Governor.
Enrolled. To Governor at 4 p.m.
Senate concurs in Assembly amendments. (Ayes 23. Noes 13. Page 5068.) To enrollment.
Read third time. Passed. (Ayes 58. Noes 17. Page 6824.) To Senate.
In Senate. To unfinished business.
Read second time. To third reading.
Read second time. Amended. To second reading.
(Heard in committee on August 4.)
From committee: Do pass as amended. (Ayes 14. Noes 1.)
Joint Rule 62(a) file notice suspended. (Page 5989.)
Read second time. Amended. Re-referred to Com. on APPR.
(Heard in committee on June 30.)
From committee: Do pass as amended, but first amend, and re-refer to Com. on APPR. (Ayes 7. Noes 2.)
From committee: Do pass, but first be re-referred to Com. on ED. (Ayes 4. Noes 1.) Re-referred to Com. on ED.
(Heard in committee on June 22.)
From committee with author's amendments. Read second time. Amended. Re-referred to Com. on PUB. S.
To Coms. on PUB. S. and ED.
In Assembly. Read first time. Held at Desk.
Read third time. Passed. (Ayes 21. Noes 9. Page 3520.) To Assembly.
Read second time. To third reading.
From committee: Do pass. (Ayes 8. Noes 1. Page 3499.)
From committee with author's amendments. Read second time. Amended. Re-referred to Com. on APPR.
Set for hearing May 10.
Read second time. Amended. Re-referred to Com. on APPR.
From committee: Do pass as amended, but first amend, and re-refer to Com. on APPR. (Ayes 6. Noes 1. Page 3309.)
From committee with author's amendments. Read second time. Amended. Re-referred to Com. on PUB. S.
Set for hearing April 20.
Withdrawn from committee.
From committee with author's amendments. Read second time. Amended. Re-referred to Com. on ED.
Set, first hearing. Hearing canceled at the request of author.
Set for hearing March 24.
To Coms. on ED. and PUB. S.
From print. May be acted upon on or after March 22.
Introduced. Read first time. To Com. on RLS. for assignment. To print.
| Bill Text Versions | Format |
|---|---|
| SB1317 | HTML |
| 02/19/10 - Introduced | |
| 03/22/10 - Amended Senate | |
| 04/08/10 - Amended Senate | |
| 04/27/10 - Amended Senate | |
| 05/06/10 - Amended Senate | |
| 06/16/10 - Amended Assembly | |
| 08/02/10 - Amended Assembly | |
| 08/09/10 - Amended Assembly | |
| 09/02/10 - Enrolled | |
| 09/30/10 - Chaptered |
| Document | Format |
|---|---|
| No related documents. |
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