SECTIONS 48320-48325 - California Statutes

EDUCATION CODE

SECTION 48320-48325

48320. (a) In enacting this article it is the intent of the
Legislature that intensive guidance and coordinated community
services may be provided to meet the special needs of pupils with
school attendance problems or school behavior problems.
(b) Any school attendance review board, established pursuant to
this article, which determines that available public and private
services are insufficient or inappropriate to correct school
attendance or school behavior problems of minors may:
(1) Propose and promote the use of alternatives to the juvenile
court system.
(2) Provide, in any proposed alternative, for maximum utilization
of community and regional resources appropriately employed in behalf
of minors prior to any involvement with the judicial system.
(3) Encourage an understanding that any alternative based on the
utilization of community resources carries an inherent agency and
citizen commitment directed toward the continuing improvement of such
resources and the creation of resources where none exist.

48321. (a) (1) A county school attendance review board may be
established in each county.
(2) The county school attendance review board, if established,
shall include, but need not be limited to, all of the following:
(A) A parent.
(B) A representative of school districts.
(C) A representative of the county probation department.
(D) A representative of the county welfare department.
(E) A representative of the county superintendent of schools.
(F) A representative of law enforcement agencies.
(G) A representative of community-based youth service centers.
(H) A representative of school guidance personnel.
(I) A representative of child welfare and attendance personnel.
(J) A representative of school or county health care personnel.
(3) The school district representatives on the county school
attendance review board shall be nominated by the governing boards of
school districts and shall be appointed by the county superintendent
of schools. All other persons and group representatives shall be
appointed by the county board of education.
(4) If a county school attendance review board exists, the county
superintendent of schools shall, at the beginning of each school
year, convene a meeting of the county school attendance review board
for the purpose of adopting plans to promote interagency and
community cooperation and to reduce the duplication of services
provided to youth who have serious school attendance and behavior
problems.
(b) (1) Local school attendance review boards may include, but
need not be limited to, all of the following:
(A) A parent.
(B) A representative of school districts.
(C) A representative of the county probation department.
(D) A representative of the county welfare department.
(E) A representative of the county superintendent of schools.
(F) A representative of law enforcement agencies.
(G) A representative of community-based youth service centers.
(H) A representative of school guidance personnel.
(I) A representative of child welfare and attendance personnel.
(J) A representative of school or county health care personnel.
(2) Other persons or group representatives shall be appointed by
the county board of education.
(c) The county school attendance review board may elect pursuant
to regulations adopted pursuant to Section 48324, one member as
chairperson with responsibility for coordinating services of the
county school attendance review board.
(d) The county school attendance review board may provide for the
establishment of local school attendance review boards in any number
as shall be necessary to carry out the intent of this article.
(e) In any county in which there is no county school attendance
review board, a school district governing board may elect to
establish a local school attendance review board, which shall operate
in the same manner and have the same authority as a county school
attendance review board.
(f) The county school attendance review board may provide
consultant services to, and coordinate activities of, local school
attendance review boards in meeting the special needs of pupils with
school attendance or school behavior problems.
(g) When the county school attendance review board determines that
the needs of pupils as defined in this article can best be served by
a single board, the county school attendance review board may then
serve as the school attendance review board for all pupils in the
county, or, upon the request of any school district in the county,
the county school attendance review board may serve as the school
attendance review board for pupils of that district.
(h) Nothing in this article is intended to prohibit any agreement
on the part of counties to provide these services on a regional
basis.

48321.5. (a) In every case in which a minor pupil has been referred
to it under Section 48263, each county or local school attendance
review board may, for the purpose of making a proper disposition of
the referral, issue subpoenas pursuant to the procedures provided in
Chapter 2 (commencing with Section 1985) of Title 3 of Part 4 of the
Code of Civil Procedure and subject to subdivision (f), or may
request the juvenile court having jurisdiction to issue subpoenas,
requiring the production of pertinent or material written information
or the attendance of any of the following persons:
(1) The minor.
(2) The minor's parents, guardians, or other person having control
of the minor.
(3) The school authority referring the minor.
(4) Any other person who has pertinent or material information
concerning the matter.
(b) The juvenile court may issue subpoenas requiring the
attendance of witnesses or the production of pertinent or material
written information, subject to Section 1985 of the Code of Civil
Procedure.
(c) Enforcement of a subpoena issued by a county or local school
attendance review board is within the jurisdiction of the juvenile
court. The juvenile court does not have jurisdiction to order
detention in any secure facility or other confinement for failure to
comply with a subpoena issued pursuant to this section.
(d) Nothing in this section shall be construed to authorize a
county or local school attendance review board to issue a subpoena
for the production of written materials or the attendance of any
person except as specifically provided in subdivision (a) with
respect to the limited purpose of making a proper disposition of the
referral of a minor pupil made pursuant to Section 48263.
(e) Nothing in this section shall be construed to authorize a
county or local school attendance review board to issue a subpoena or
request a subpoena to be issued for the production of written
materials or the attendance of any person if it is verified that the
minor pupil is enrolled and in regular attendance in a private school
maintaining kindergarten or any of grades 1 to 12, inclusive, that
has filed an affidavit pursuant to Sections 33190 and 48222 of the
Education Code.
(f) A county or local school attendance review board shall not
issue a subpoena that includes a request for production of written
materials, but may request a juvenile court having jurisdiction to
issue a subpoena for production of written materials pursuant to
subdivision (a).

48322. The county school attendance review board may encourage
local school attendance review boards to maintain a continuing
inventory of community resources, including alternative educational
programs, and to make recommendations for the improvement of such
resources and programs or for the creation of new resources and
programs where none exist.

48323. Each of the departments or agencies authorized to
participate in school attendance review boards may assign personnel
to represent the department or agency on a continuing basis in
accordance with the intent of this article. The duties, obligations,
or responsibilities which may be imposed on local governmental
entities by this act are such that the related costs are incurred as
a part of their normal operating procedures. The minor costs of such
services may be borne by each agency or department and each or all of
the participants may apply for and utilize state or federal funds as
may be available.

48324. The county school attendance review board may adopt such
rules and regulations not inconsistent with law, as are necessary for
its own government and to enable it to carry out the provisions of
this article. The rules and regulations may be binding upon the local
school attendance review boards which are established pursuant to
subdivision (d) of Section 48321.

48325. (a) The Legislature finds and declares that statewide policy
coordination and personnel training with respect to county
attendance review boards will greatly facilitate the achievement of
the goals expressed in Section 48320. It is therefore the intent of
the Legislature in enacting this section to do the following:
(1) Encourage the cooperation, coordination, and development of
strategies to support county school attendance review boards in
carrying out their responsibilities to establish local school
attendance review boards as necessary. These strategies may include,
but need not be limited to, plans for the training of school
attendance review board personnel.
(2) Divert pupils with serious attendance and behavioral problems
from the juvenile justice system to agencies more directly related to
the state public school system by developing a system for gathering
and dispensing information on successful community-based and
school-based programs.
(3) Reduce duplication of the services of state and county
agencies in serving high-risk youth, including youth with school
attendance or behavioral problems.
(4) Reduce the number of dropouts in the state public education
system by promoting interagency cooperation among those agencies
which have as their goals preventing students from dropping out, and
increasing the holding power of the public schools.
(b) The Superintendent of Public Instruction shall coordinate and
administer a state school attendance review board, as follows:
(1) On or before January 31 of each year, the superintendent shall
extend invitations of participation to representatives of
appropriate groups throughout the state, including, but not limited
to, representatives of school districts, parent groups, county
probation departments, county welfare departments, county
superintendents of schools, law enforcement agencies, community-based
youth service centers, school guidance personnel, child welfare and
attendance personnel, the health care profession and state
associations having an interest in youth with school attendance or
behavioral problems. The superintendent shall also request the
participation of representatives from interested state agencies or
departments, including, but not limited to, the Department of the
California Youth Authority, the Department of Justice, the State
Department of Social Services, and the Office of Criminal Justice
Planning. To the extent feasible, members of the board shall include
persons who are currently members of county or local school
attendance review boards. For every year after the first year that
the board is convened, the purpose of the invitations of
participation shall be to inform appropriate groups, state agencies,
and departments of the purposes of the board, to fill vacancies, and
to supplement the membership of the board as necessary.
(2) The superintendent shall prescribe an appropriate deadline for
acceptance of invitations of participation as a member of the state
school attendance review board for that particular year, and the
invitations accepted on or before the deadline shall constitute the
board for that year, except that the board shall also include a
representative of the State Department of Education designated by the
director of that department. The representative of the State
Department of Education shall be the chairperson of the board.
(3) The superintendent shall convene the board at least four times
during the year. At its first meeting, the board shall elect any
officers, other than its chairperson, as it deems necessary. Members
of the board shall serve without compensation and without
reimbursement of travel and living expenses.
(4) The State Department of Education shall provide assistance as
requested by the Superintendent of Public Instruction in order to
implement the provisions of this section.
(c) The state school attendance review board shall make
recommendations annually to the Superintendent of Public Instruction,
and to state agencies as deemed appropriate, regarding the needs and
services provided to high-risk youth, including youth with school
attendance or behavioral problems, in the state public schools, and
shall propose uniform guidelines or other means to attain the goals
stated in subdivision (a).