Signed by Governor Gavin Newsom

Vote Smart's Synopsis:

Vote to amend and pass a bill that limits a school district's ability to refer students to probation officers due to insubordination or habitual truancy.

Highlights:

• Authorizes a pupil to be referred to a school attendance review board, or to the probation department of services if the probation department has elected to receive these referrals, if a minor pupil is a habitual truant or a chronic absentee (Sec. 2).

• Requires the school attendance review board or probation officer to make use of available community services to resolve the problem of the truant or insubordinate pupil if they determine these services can resolve the problem (Sec. 2).

• Authorizes the school attendance review board to notify the district attorney or the probation officer, or both, if the school attendance review board or probation officer determines that available community services cannot resolve the problem of the truant or insubordinate pupil or if the parents or guardians of the pupil, or both, have failed to respond to directives of the board, officer, or services provided (Sec. 2).

• Specifies that any pupil who, as a condition of their probation, is required to attend a school program and is reported as a truant from school or tardy one or more days without a valid excuse, in the same school year or in a succeeding year, will be brought to the attention of the juvenile court and the pupil’s probation or parole officer within 10 days of the reported violation (Sec. 3).

• Authorizes probation departments to engage in activities designed to prevent juvenile delinquency including rendering services to persons within the community (Sec. 6).

• Prohibits probation departments from being limited to providing services only to those persons on probation and may provide services to any juveniles in the community (Sec. 6).

• Specifies that services or programs offered to minors or minors’ parents or guardians who are not on probation are voluntary and will not include probation conditions or consequences as the result of not engaging in or completing those programs (Sec. 6).

• Defines a “community-based organization” as a public or private nonprofit organization of demonstrated effectiveness that is representative of a community or significant segment of a community and provides educational, physical, or mental health, recreational arts, or other youth development or related services to individuals within the community (Sec. 9).

• Specifies that it is the intent of the legislature that cities and counties work closely with minors, parents or guardians, local education agencies, community partners, and system officials to create coordinated diversion opportunities in their countries (Sec. 1).

Full Bill Text