California 2021 2021-2022 Regular Session

California Senate Bill SB1057 Introduced / Bill

Filed 02/15/2022

                    CALIFORNIA LEGISLATURE 20212022 REGULAR SESSION Senate Bill No. 1057Introduced by Committee on Education (Senators Leyva (Chair), Cortese, Dahle, Glazer, McGuire, Ochoa Bogh, and Pan)February 15, 2022 An act to amend Sections 48260.5 and 48264.5 of the Education Code, relating to pupil attendance. LEGISLATIVE COUNSEL'S DIGESTSB 1057, as introduced, Committee on Education. Truancy: driving privilege: minors.Prior law, repealed January 1, 2019, authorized a juvenile court to suspend or order a delay in the issuance of the driving privilege, for one year, of a minor who is a habitual truant, as defined, or who is adjudged to be a ward of the court, as prescribed.This bill would make conforming changes to other provisions relating to pupil attendance to reflect the change in law described above by deleting obsolete references.Digest Key Vote: MAJORITY  Appropriation: NO  Fiscal Committee: NO  Local Program: NO Bill TextThe people of the State of California do enact as follows:SECTION 1. Section 48260.5 of the Education Code is amended to read:48260.5. Upon a pupils initial classification as a truant, the school district shall notify the pupils parent or guardian using the most cost-effective method possible, which may include electronic mail or a telephone call:(a) That the pupil is truant.(b) That the parent or guardian is obligated to compel the attendance of the pupil at school.(c) That parents or guardians who fail to meet this obligation may be guilty of an infraction and subject to prosecution pursuant to Article 6 (commencing with Section 48290).(d) That alternative educational programs are available in the school district.(e) That the parent or guardian has the right to meet with appropriate school personnel to discuss solutions to the pupils truancy.(f) That the pupil may be subject to prosecution under Section 48264.(g)For a pupil under 18 years of age but 13 years of age or older, that the pupil may be subject to suspension, restriction, or delay of the pupils driving privilege pursuant to Section 13202.7 of the Vehicle Code.(h)(g) That it is recommended that the parent or guardian accompany the pupil to school and attend classes with the pupil for one day.SEC. 2. Section 48264.5 of the Education Code is amended to read:48264.5. A minor who is classified as a truant pursuant to Section 48260 or 48261 may be required to attend makeup classes conducted on one day of a weekend pursuant to subdivision (c) of Section 37223 and is subject to the following:(a) The first time a truancy report is issued, the pupil and, as appropriate, the parent or legal guardian, may be requested to attend a meeting with a school counselor or other school designee to discuss the root causes of the attendance issue and develop a joint plan to improve the pupils attendance.(b) The second time a truancy report is issued within the same school year, the pupil may be given a written warning by a peace officer as specified in Section 830.1 of the Penal Code. A record of the written warning may be kept at the school for not less than two years or until the pupil graduates or transfers from that school. If the pupil transfers from that school, the record may be forwarded to the school receiving the pupils school records. A record of the written warning may be maintained by the law enforcement agency in accordance with that law enforcement agencys policies and procedures. The pupil may also be assigned by the school to an afterschool or weekend study program located within the same county as the pupils school. If the pupil fails to successfully complete the assigned study program, the pupil shall be subject to subdivision (c).(c) The third time a truancy report is issued within the same school year, the pupil shall be classified as a habitual truant, as defined in Section 48262, and may be referred to, and required to attend, an attendance review board or a truancy mediation program pursuant to Section 48263 or pursuant to Section 601.3 of the Welfare and Institutions Code. If the school district does not have a truancy mediation program, the pupil may be required to attend a comparable program deemed acceptable by the school districts attendance supervisor. If the pupil does not successfully complete the truancy mediation program or other similar program, the pupil shall be subject to subdivision (d).(d) The fourth time a truancy is issued within the same school year, the pupil may be within the jurisdiction of the juvenile court that may adjudge the pupil to be a ward of the court pursuant to Section 601 of the Welfare and Institutions Code. If the pupil is adjudged a ward of the court, the pupil shall be required to do one or more of the following:(1) Performance at court-approved community services sponsored by either a public or private nonprofit agency for not less than 20 hours but not more than 40 hours over a period not to exceed 90 days, during a time other than the pupils hours of school attendance or employment. The probation officer shall report to the court the failure of the pupil to comply with this paragraph.(2) Payment of a fine by the pupil of not more than fifty dollars ($50) for which a parent or legal guardian of the pupil may be jointly liable. The fine described in this paragraph shall not be subject to the assessments of Section 1464 of the Penal Code or any other applicable section.(3) Attendance of a court-approved truancy prevention program.(4)Suspension or revocation of driving privileges pursuant to Section 13202.7 of the Vehicle Code. This subdivision shall apply only to a pupil who has attended a school attendance review board program, a program operated by a probation department acting as a school attendance review board, or a truancy mediation program pursuant to subdivision (c).

 CALIFORNIA LEGISLATURE 20212022 REGULAR SESSION Senate Bill No. 1057Introduced by Committee on Education (Senators Leyva (Chair), Cortese, Dahle, Glazer, McGuire, Ochoa Bogh, and Pan)February 15, 2022 An act to amend Sections 48260.5 and 48264.5 of the Education Code, relating to pupil attendance. LEGISLATIVE COUNSEL'S DIGESTSB 1057, as introduced, Committee on Education. Truancy: driving privilege: minors.Prior law, repealed January 1, 2019, authorized a juvenile court to suspend or order a delay in the issuance of the driving privilege, for one year, of a minor who is a habitual truant, as defined, or who is adjudged to be a ward of the court, as prescribed.This bill would make conforming changes to other provisions relating to pupil attendance to reflect the change in law described above by deleting obsolete references.Digest Key Vote: MAJORITY  Appropriation: NO  Fiscal Committee: NO  Local Program: NO 





 CALIFORNIA LEGISLATURE 20212022 REGULAR SESSION

 Senate Bill 

No. 1057

Introduced by Committee on Education (Senators Leyva (Chair), Cortese, Dahle, Glazer, McGuire, Ochoa Bogh, and Pan)February 15, 2022

Introduced by Committee on Education (Senators Leyva (Chair), Cortese, Dahle, Glazer, McGuire, Ochoa Bogh, and Pan)
February 15, 2022

 An act to amend Sections 48260.5 and 48264.5 of the Education Code, relating to pupil attendance. 

LEGISLATIVE COUNSEL'S DIGEST

## LEGISLATIVE COUNSEL'S DIGEST

SB 1057, as introduced, Committee on Education. Truancy: driving privilege: minors.

Prior law, repealed January 1, 2019, authorized a juvenile court to suspend or order a delay in the issuance of the driving privilege, for one year, of a minor who is a habitual truant, as defined, or who is adjudged to be a ward of the court, as prescribed.This bill would make conforming changes to other provisions relating to pupil attendance to reflect the change in law described above by deleting obsolete references.

Prior law, repealed January 1, 2019, authorized a juvenile court to suspend or order a delay in the issuance of the driving privilege, for one year, of a minor who is a habitual truant, as defined, or who is adjudged to be a ward of the court, as prescribed.

This bill would make conforming changes to other provisions relating to pupil attendance to reflect the change in law described above by deleting obsolete references.

## Digest Key

## Bill Text

The people of the State of California do enact as follows:SECTION 1. Section 48260.5 of the Education Code is amended to read:48260.5. Upon a pupils initial classification as a truant, the school district shall notify the pupils parent or guardian using the most cost-effective method possible, which may include electronic mail or a telephone call:(a) That the pupil is truant.(b) That the parent or guardian is obligated to compel the attendance of the pupil at school.(c) That parents or guardians who fail to meet this obligation may be guilty of an infraction and subject to prosecution pursuant to Article 6 (commencing with Section 48290).(d) That alternative educational programs are available in the school district.(e) That the parent or guardian has the right to meet with appropriate school personnel to discuss solutions to the pupils truancy.(f) That the pupil may be subject to prosecution under Section 48264.(g)For a pupil under 18 years of age but 13 years of age or older, that the pupil may be subject to suspension, restriction, or delay of the pupils driving privilege pursuant to Section 13202.7 of the Vehicle Code.(h)(g) That it is recommended that the parent or guardian accompany the pupil to school and attend classes with the pupil for one day.SEC. 2. Section 48264.5 of the Education Code is amended to read:48264.5. A minor who is classified as a truant pursuant to Section 48260 or 48261 may be required to attend makeup classes conducted on one day of a weekend pursuant to subdivision (c) of Section 37223 and is subject to the following:(a) The first time a truancy report is issued, the pupil and, as appropriate, the parent or legal guardian, may be requested to attend a meeting with a school counselor or other school designee to discuss the root causes of the attendance issue and develop a joint plan to improve the pupils attendance.(b) The second time a truancy report is issued within the same school year, the pupil may be given a written warning by a peace officer as specified in Section 830.1 of the Penal Code. A record of the written warning may be kept at the school for not less than two years or until the pupil graduates or transfers from that school. If the pupil transfers from that school, the record may be forwarded to the school receiving the pupils school records. A record of the written warning may be maintained by the law enforcement agency in accordance with that law enforcement agencys policies and procedures. The pupil may also be assigned by the school to an afterschool or weekend study program located within the same county as the pupils school. If the pupil fails to successfully complete the assigned study program, the pupil shall be subject to subdivision (c).(c) The third time a truancy report is issued within the same school year, the pupil shall be classified as a habitual truant, as defined in Section 48262, and may be referred to, and required to attend, an attendance review board or a truancy mediation program pursuant to Section 48263 or pursuant to Section 601.3 of the Welfare and Institutions Code. If the school district does not have a truancy mediation program, the pupil may be required to attend a comparable program deemed acceptable by the school districts attendance supervisor. If the pupil does not successfully complete the truancy mediation program or other similar program, the pupil shall be subject to subdivision (d).(d) The fourth time a truancy is issued within the same school year, the pupil may be within the jurisdiction of the juvenile court that may adjudge the pupil to be a ward of the court pursuant to Section 601 of the Welfare and Institutions Code. If the pupil is adjudged a ward of the court, the pupil shall be required to do one or more of the following:(1) Performance at court-approved community services sponsored by either a public or private nonprofit agency for not less than 20 hours but not more than 40 hours over a period not to exceed 90 days, during a time other than the pupils hours of school attendance or employment. The probation officer shall report to the court the failure of the pupil to comply with this paragraph.(2) Payment of a fine by the pupil of not more than fifty dollars ($50) for which a parent or legal guardian of the pupil may be jointly liable. The fine described in this paragraph shall not be subject to the assessments of Section 1464 of the Penal Code or any other applicable section.(3) Attendance of a court-approved truancy prevention program.(4)Suspension or revocation of driving privileges pursuant to Section 13202.7 of the Vehicle Code. This subdivision shall apply only to a pupil who has attended a school attendance review board program, a program operated by a probation department acting as a school attendance review board, or a truancy mediation program pursuant to subdivision (c).

The people of the State of California do enact as follows:

## The people of the State of California do enact as follows:

SECTION 1. Section 48260.5 of the Education Code is amended to read:48260.5. Upon a pupils initial classification as a truant, the school district shall notify the pupils parent or guardian using the most cost-effective method possible, which may include electronic mail or a telephone call:(a) That the pupil is truant.(b) That the parent or guardian is obligated to compel the attendance of the pupil at school.(c) That parents or guardians who fail to meet this obligation may be guilty of an infraction and subject to prosecution pursuant to Article 6 (commencing with Section 48290).(d) That alternative educational programs are available in the school district.(e) That the parent or guardian has the right to meet with appropriate school personnel to discuss solutions to the pupils truancy.(f) That the pupil may be subject to prosecution under Section 48264.(g)For a pupil under 18 years of age but 13 years of age or older, that the pupil may be subject to suspension, restriction, or delay of the pupils driving privilege pursuant to Section 13202.7 of the Vehicle Code.(h)(g) That it is recommended that the parent or guardian accompany the pupil to school and attend classes with the pupil for one day.

SECTION 1. Section 48260.5 of the Education Code is amended to read:

### SECTION 1.

48260.5. Upon a pupils initial classification as a truant, the school district shall notify the pupils parent or guardian using the most cost-effective method possible, which may include electronic mail or a telephone call:(a) That the pupil is truant.(b) That the parent or guardian is obligated to compel the attendance of the pupil at school.(c) That parents or guardians who fail to meet this obligation may be guilty of an infraction and subject to prosecution pursuant to Article 6 (commencing with Section 48290).(d) That alternative educational programs are available in the school district.(e) That the parent or guardian has the right to meet with appropriate school personnel to discuss solutions to the pupils truancy.(f) That the pupil may be subject to prosecution under Section 48264.(g)For a pupil under 18 years of age but 13 years of age or older, that the pupil may be subject to suspension, restriction, or delay of the pupils driving privilege pursuant to Section 13202.7 of the Vehicle Code.(h)(g) That it is recommended that the parent or guardian accompany the pupil to school and attend classes with the pupil for one day.

48260.5. Upon a pupils initial classification as a truant, the school district shall notify the pupils parent or guardian using the most cost-effective method possible, which may include electronic mail or a telephone call:(a) That the pupil is truant.(b) That the parent or guardian is obligated to compel the attendance of the pupil at school.(c) That parents or guardians who fail to meet this obligation may be guilty of an infraction and subject to prosecution pursuant to Article 6 (commencing with Section 48290).(d) That alternative educational programs are available in the school district.(e) That the parent or guardian has the right to meet with appropriate school personnel to discuss solutions to the pupils truancy.(f) That the pupil may be subject to prosecution under Section 48264.(g)For a pupil under 18 years of age but 13 years of age or older, that the pupil may be subject to suspension, restriction, or delay of the pupils driving privilege pursuant to Section 13202.7 of the Vehicle Code.(h)(g) That it is recommended that the parent or guardian accompany the pupil to school and attend classes with the pupil for one day.

48260.5. Upon a pupils initial classification as a truant, the school district shall notify the pupils parent or guardian using the most cost-effective method possible, which may include electronic mail or a telephone call:(a) That the pupil is truant.(b) That the parent or guardian is obligated to compel the attendance of the pupil at school.(c) That parents or guardians who fail to meet this obligation may be guilty of an infraction and subject to prosecution pursuant to Article 6 (commencing with Section 48290).(d) That alternative educational programs are available in the school district.(e) That the parent or guardian has the right to meet with appropriate school personnel to discuss solutions to the pupils truancy.(f) That the pupil may be subject to prosecution under Section 48264.(g)For a pupil under 18 years of age but 13 years of age or older, that the pupil may be subject to suspension, restriction, or delay of the pupils driving privilege pursuant to Section 13202.7 of the Vehicle Code.(h)(g) That it is recommended that the parent or guardian accompany the pupil to school and attend classes with the pupil for one day.



48260.5. Upon a pupils initial classification as a truant, the school district shall notify the pupils parent or guardian using the most cost-effective method possible, which may include electronic mail or a telephone call:

(a) That the pupil is truant.

(b) That the parent or guardian is obligated to compel the attendance of the pupil at school.

(c) That parents or guardians who fail to meet this obligation may be guilty of an infraction and subject to prosecution pursuant to Article 6 (commencing with Section 48290).

(d) That alternative educational programs are available in the school district.

(e) That the parent or guardian has the right to meet with appropriate school personnel to discuss solutions to the pupils truancy.

(f) That the pupil may be subject to prosecution under Section 48264.

(g)For a pupil under 18 years of age but 13 years of age or older, that the pupil may be subject to suspension, restriction, or delay of the pupils driving privilege pursuant to Section 13202.7 of the Vehicle Code.



(h)



(g) That it is recommended that the parent or guardian accompany the pupil to school and attend classes with the pupil for one day.

SEC. 2. Section 48264.5 of the Education Code is amended to read:48264.5. A minor who is classified as a truant pursuant to Section 48260 or 48261 may be required to attend makeup classes conducted on one day of a weekend pursuant to subdivision (c) of Section 37223 and is subject to the following:(a) The first time a truancy report is issued, the pupil and, as appropriate, the parent or legal guardian, may be requested to attend a meeting with a school counselor or other school designee to discuss the root causes of the attendance issue and develop a joint plan to improve the pupils attendance.(b) The second time a truancy report is issued within the same school year, the pupil may be given a written warning by a peace officer as specified in Section 830.1 of the Penal Code. A record of the written warning may be kept at the school for not less than two years or until the pupil graduates or transfers from that school. If the pupil transfers from that school, the record may be forwarded to the school receiving the pupils school records. A record of the written warning may be maintained by the law enforcement agency in accordance with that law enforcement agencys policies and procedures. The pupil may also be assigned by the school to an afterschool or weekend study program located within the same county as the pupils school. If the pupil fails to successfully complete the assigned study program, the pupil shall be subject to subdivision (c).(c) The third time a truancy report is issued within the same school year, the pupil shall be classified as a habitual truant, as defined in Section 48262, and may be referred to, and required to attend, an attendance review board or a truancy mediation program pursuant to Section 48263 or pursuant to Section 601.3 of the Welfare and Institutions Code. If the school district does not have a truancy mediation program, the pupil may be required to attend a comparable program deemed acceptable by the school districts attendance supervisor. If the pupil does not successfully complete the truancy mediation program or other similar program, the pupil shall be subject to subdivision (d).(d) The fourth time a truancy is issued within the same school year, the pupil may be within the jurisdiction of the juvenile court that may adjudge the pupil to be a ward of the court pursuant to Section 601 of the Welfare and Institutions Code. If the pupil is adjudged a ward of the court, the pupil shall be required to do one or more of the following:(1) Performance at court-approved community services sponsored by either a public or private nonprofit agency for not less than 20 hours but not more than 40 hours over a period not to exceed 90 days, during a time other than the pupils hours of school attendance or employment. The probation officer shall report to the court the failure of the pupil to comply with this paragraph.(2) Payment of a fine by the pupil of not more than fifty dollars ($50) for which a parent or legal guardian of the pupil may be jointly liable. The fine described in this paragraph shall not be subject to the assessments of Section 1464 of the Penal Code or any other applicable section.(3) Attendance of a court-approved truancy prevention program.(4)Suspension or revocation of driving privileges pursuant to Section 13202.7 of the Vehicle Code. This subdivision shall apply only to a pupil who has attended a school attendance review board program, a program operated by a probation department acting as a school attendance review board, or a truancy mediation program pursuant to subdivision (c).

SEC. 2. Section 48264.5 of the Education Code is amended to read:

### SEC. 2.

48264.5. A minor who is classified as a truant pursuant to Section 48260 or 48261 may be required to attend makeup classes conducted on one day of a weekend pursuant to subdivision (c) of Section 37223 and is subject to the following:(a) The first time a truancy report is issued, the pupil and, as appropriate, the parent or legal guardian, may be requested to attend a meeting with a school counselor or other school designee to discuss the root causes of the attendance issue and develop a joint plan to improve the pupils attendance.(b) The second time a truancy report is issued within the same school year, the pupil may be given a written warning by a peace officer as specified in Section 830.1 of the Penal Code. A record of the written warning may be kept at the school for not less than two years or until the pupil graduates or transfers from that school. If the pupil transfers from that school, the record may be forwarded to the school receiving the pupils school records. A record of the written warning may be maintained by the law enforcement agency in accordance with that law enforcement agencys policies and procedures. The pupil may also be assigned by the school to an afterschool or weekend study program located within the same county as the pupils school. If the pupil fails to successfully complete the assigned study program, the pupil shall be subject to subdivision (c).(c) The third time a truancy report is issued within the same school year, the pupil shall be classified as a habitual truant, as defined in Section 48262, and may be referred to, and required to attend, an attendance review board or a truancy mediation program pursuant to Section 48263 or pursuant to Section 601.3 of the Welfare and Institutions Code. If the school district does not have a truancy mediation program, the pupil may be required to attend a comparable program deemed acceptable by the school districts attendance supervisor. If the pupil does not successfully complete the truancy mediation program or other similar program, the pupil shall be subject to subdivision (d).(d) The fourth time a truancy is issued within the same school year, the pupil may be within the jurisdiction of the juvenile court that may adjudge the pupil to be a ward of the court pursuant to Section 601 of the Welfare and Institutions Code. If the pupil is adjudged a ward of the court, the pupil shall be required to do one or more of the following:(1) Performance at court-approved community services sponsored by either a public or private nonprofit agency for not less than 20 hours but not more than 40 hours over a period not to exceed 90 days, during a time other than the pupils hours of school attendance or employment. The probation officer shall report to the court the failure of the pupil to comply with this paragraph.(2) Payment of a fine by the pupil of not more than fifty dollars ($50) for which a parent or legal guardian of the pupil may be jointly liable. The fine described in this paragraph shall not be subject to the assessments of Section 1464 of the Penal Code or any other applicable section.(3) Attendance of a court-approved truancy prevention program.(4)Suspension or revocation of driving privileges pursuant to Section 13202.7 of the Vehicle Code. This subdivision shall apply only to a pupil who has attended a school attendance review board program, a program operated by a probation department acting as a school attendance review board, or a truancy mediation program pursuant to subdivision (c).

48264.5. A minor who is classified as a truant pursuant to Section 48260 or 48261 may be required to attend makeup classes conducted on one day of a weekend pursuant to subdivision (c) of Section 37223 and is subject to the following:(a) The first time a truancy report is issued, the pupil and, as appropriate, the parent or legal guardian, may be requested to attend a meeting with a school counselor or other school designee to discuss the root causes of the attendance issue and develop a joint plan to improve the pupils attendance.(b) The second time a truancy report is issued within the same school year, the pupil may be given a written warning by a peace officer as specified in Section 830.1 of the Penal Code. A record of the written warning may be kept at the school for not less than two years or until the pupil graduates or transfers from that school. If the pupil transfers from that school, the record may be forwarded to the school receiving the pupils school records. A record of the written warning may be maintained by the law enforcement agency in accordance with that law enforcement agencys policies and procedures. The pupil may also be assigned by the school to an afterschool or weekend study program located within the same county as the pupils school. If the pupil fails to successfully complete the assigned study program, the pupil shall be subject to subdivision (c).(c) The third time a truancy report is issued within the same school year, the pupil shall be classified as a habitual truant, as defined in Section 48262, and may be referred to, and required to attend, an attendance review board or a truancy mediation program pursuant to Section 48263 or pursuant to Section 601.3 of the Welfare and Institutions Code. If the school district does not have a truancy mediation program, the pupil may be required to attend a comparable program deemed acceptable by the school districts attendance supervisor. If the pupil does not successfully complete the truancy mediation program or other similar program, the pupil shall be subject to subdivision (d).(d) The fourth time a truancy is issued within the same school year, the pupil may be within the jurisdiction of the juvenile court that may adjudge the pupil to be a ward of the court pursuant to Section 601 of the Welfare and Institutions Code. If the pupil is adjudged a ward of the court, the pupil shall be required to do one or more of the following:(1) Performance at court-approved community services sponsored by either a public or private nonprofit agency for not less than 20 hours but not more than 40 hours over a period not to exceed 90 days, during a time other than the pupils hours of school attendance or employment. The probation officer shall report to the court the failure of the pupil to comply with this paragraph.(2) Payment of a fine by the pupil of not more than fifty dollars ($50) for which a parent or legal guardian of the pupil may be jointly liable. The fine described in this paragraph shall not be subject to the assessments of Section 1464 of the Penal Code or any other applicable section.(3) Attendance of a court-approved truancy prevention program.(4)Suspension or revocation of driving privileges pursuant to Section 13202.7 of the Vehicle Code. This subdivision shall apply only to a pupil who has attended a school attendance review board program, a program operated by a probation department acting as a school attendance review board, or a truancy mediation program pursuant to subdivision (c).

48264.5. A minor who is classified as a truant pursuant to Section 48260 or 48261 may be required to attend makeup classes conducted on one day of a weekend pursuant to subdivision (c) of Section 37223 and is subject to the following:(a) The first time a truancy report is issued, the pupil and, as appropriate, the parent or legal guardian, may be requested to attend a meeting with a school counselor or other school designee to discuss the root causes of the attendance issue and develop a joint plan to improve the pupils attendance.(b) The second time a truancy report is issued within the same school year, the pupil may be given a written warning by a peace officer as specified in Section 830.1 of the Penal Code. A record of the written warning may be kept at the school for not less than two years or until the pupil graduates or transfers from that school. If the pupil transfers from that school, the record may be forwarded to the school receiving the pupils school records. A record of the written warning may be maintained by the law enforcement agency in accordance with that law enforcement agencys policies and procedures. The pupil may also be assigned by the school to an afterschool or weekend study program located within the same county as the pupils school. If the pupil fails to successfully complete the assigned study program, the pupil shall be subject to subdivision (c).(c) The third time a truancy report is issued within the same school year, the pupil shall be classified as a habitual truant, as defined in Section 48262, and may be referred to, and required to attend, an attendance review board or a truancy mediation program pursuant to Section 48263 or pursuant to Section 601.3 of the Welfare and Institutions Code. If the school district does not have a truancy mediation program, the pupil may be required to attend a comparable program deemed acceptable by the school districts attendance supervisor. If the pupil does not successfully complete the truancy mediation program or other similar program, the pupil shall be subject to subdivision (d).(d) The fourth time a truancy is issued within the same school year, the pupil may be within the jurisdiction of the juvenile court that may adjudge the pupil to be a ward of the court pursuant to Section 601 of the Welfare and Institutions Code. If the pupil is adjudged a ward of the court, the pupil shall be required to do one or more of the following:(1) Performance at court-approved community services sponsored by either a public or private nonprofit agency for not less than 20 hours but not more than 40 hours over a period not to exceed 90 days, during a time other than the pupils hours of school attendance or employment. The probation officer shall report to the court the failure of the pupil to comply with this paragraph.(2) Payment of a fine by the pupil of not more than fifty dollars ($50) for which a parent or legal guardian of the pupil may be jointly liable. The fine described in this paragraph shall not be subject to the assessments of Section 1464 of the Penal Code or any other applicable section.(3) Attendance of a court-approved truancy prevention program.(4)Suspension or revocation of driving privileges pursuant to Section 13202.7 of the Vehicle Code. This subdivision shall apply only to a pupil who has attended a school attendance review board program, a program operated by a probation department acting as a school attendance review board, or a truancy mediation program pursuant to subdivision (c).



48264.5. A minor who is classified as a truant pursuant to Section 48260 or 48261 may be required to attend makeup classes conducted on one day of a weekend pursuant to subdivision (c) of Section 37223 and is subject to the following:

(a) The first time a truancy report is issued, the pupil and, as appropriate, the parent or legal guardian, may be requested to attend a meeting with a school counselor or other school designee to discuss the root causes of the attendance issue and develop a joint plan to improve the pupils attendance.

(b) The second time a truancy report is issued within the same school year, the pupil may be given a written warning by a peace officer as specified in Section 830.1 of the Penal Code. A record of the written warning may be kept at the school for not less than two years or until the pupil graduates or transfers from that school. If the pupil transfers from that school, the record may be forwarded to the school receiving the pupils school records. A record of the written warning may be maintained by the law enforcement agency in accordance with that law enforcement agencys policies and procedures. The pupil may also be assigned by the school to an afterschool or weekend study program located within the same county as the pupils school. If the pupil fails to successfully complete the assigned study program, the pupil shall be subject to subdivision (c).

(c) The third time a truancy report is issued within the same school year, the pupil shall be classified as a habitual truant, as defined in Section 48262, and may be referred to, and required to attend, an attendance review board or a truancy mediation program pursuant to Section 48263 or pursuant to Section 601.3 of the Welfare and Institutions Code. If the school district does not have a truancy mediation program, the pupil may be required to attend a comparable program deemed acceptable by the school districts attendance supervisor. If the pupil does not successfully complete the truancy mediation program or other similar program, the pupil shall be subject to subdivision (d).

(d) The fourth time a truancy is issued within the same school year, the pupil may be within the jurisdiction of the juvenile court that may adjudge the pupil to be a ward of the court pursuant to Section 601 of the Welfare and Institutions Code. If the pupil is adjudged a ward of the court, the pupil shall be required to do one or more of the following:

(1) Performance at court-approved community services sponsored by either a public or private nonprofit agency for not less than 20 hours but not more than 40 hours over a period not to exceed 90 days, during a time other than the pupils hours of school attendance or employment. The probation officer shall report to the court the failure of the pupil to comply with this paragraph.

(2) Payment of a fine by the pupil of not more than fifty dollars ($50) for which a parent or legal guardian of the pupil may be jointly liable. The fine described in this paragraph shall not be subject to the assessments of Section 1464 of the Penal Code or any other applicable section.

(3) Attendance of a court-approved truancy prevention program.

(4)Suspension or revocation of driving privileges pursuant to Section 13202.7 of the Vehicle Code. This subdivision shall apply only to a pupil who has attended a school attendance review board program, a program operated by a probation department acting as a school attendance review board, or a truancy mediation program pursuant to subdivision (c).