BILL NUMBER: SB 240AMENDED 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 ofany absencean 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 commenceswhenthree 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.