SECTIONS 48290-48296 - California Statutes

EDUCATION CODE

SECTION 48290-48296

48290. The governing board of any school district, shall, on the
complaint of any person, make full and impartial investigation of all
charges against any parent, guardian, or other person having control
or charge of any child, for violation of any of the provisions of
this chapter.

48291. If it appears upon investigation that any parent, guardian,
or other person having control or charge of any child has violated
any of the provisions of this chapter, the secretary of the board of
education, except as provided in Section 48292, or the clerk of the
board of trustees, shall refer such person to a school attendance
review board. In the event that any such parent, guardian, or other
person continually and willfully fails to respond to directives of
the school attendance review board or services provided, the school
attendance review board shall direct the school district to make and
file in the proper court a criminal complaint against the parent,
guardian, or other person, charging the violation, and shall see that
the charge is prosecuted by the proper authority. In the event that
a criminal complaint is not prosecuted by the proper authority as
recommended, the official making the determination not to prosecute
shall provide the school attendance review board with a written
explanation for the decision not to prosecute.

48292. In counties, cities, and cities and counties, and in school
districts having an attendance supervisor, the attendance supervisor
shall make and file the complaint provided for by this article and
shall see that the charge is prosecuted by the proper authorities.

48293. (a) Any parent, guardian, or other person having control or
charge of any pupil who fails to comply with this chapter, unless
excused or exempted therefrom, is guilty of an infraction and shall
be punished as follows:
(1) Upon a first conviction, by a fine of not more than one
hundred dollars ($100).
(2) Upon a second conviction, by a fine of not more than two
hundred fifty dollars ($250).
(3) Upon a third or subsequent conviction, if the person has
willfully refused to comply with this section, by a fine of not more
than five hundred dollars ($500). In lieu of imposing the fines
prescribed in paragraphs (1), (2), and (3), the court may order the
person to be placed in a parent education and counseling program.
(b) A judgment that a person convicted of an infraction be
punished as prescribed in subdivision (a) may also provide for the
payment of the fine within a specified time or in specified
installments, or for participation in the program. A judgment
granting a defendant time to pay the fine or prescribing the days of
attendance in a program shall order that if the defendant fails to
pay the fine, or any installment thereof, on the date that it is due,
or fails to attend a program on a prescribed date, he or she shall
appear in court on that date for further proceedings. Willful
violation of the order is punishable as contempt.
(c) The court may also order that the person convicted of the
violation of subdivision (a) immediately enroll or reenroll the pupil
in the appropriate school or educational program and provide proof
of enrollment to the court. Willful violation of an order under this
subdivision is punishable as civil contempt with a fine of up to one
thousand dollars ($1,000). An order of contempt under this
subdivision shall not include imprisonment.

48294. All fines paid as penalties for the violation of any of the
provisions of this chapter shall, when collected or received, be paid
over by the court or officer receiving them to the treasurer of the
city, county, or city and county, in which the offense was committed,
to be placed to the credit of the school fund of the school district
in which the offense was committed. Such moneys shall be used to
support the activities of the school attendance review board
prescribed by Section 48291 and the parent education and counseling
program prescribed by Section 48293.

48295. Any judge of the superior court, in the county in which the
school district is located, or in which the offense is committed, has
jurisdiction of offenses committed under this article. A juvenile
court has jurisdiction of a violation of Section 48293 as provided by
Section 601.4 of the Welfare and Institutions Code.

48296. No fees shall be charged or received by any court or officer
in any proceeding under this chapter.