Michel Lambert- Director of Student Services (559) 730-7584
Vanessa Alvarado- Program Manager of Student Services (559) 730-7498
STUDENT CONDUCT CODE HANDBOOK
Policies and California Law regarding school attendance are covered in pages 26-31
CALIFORNIA EDUCATION LAW REGARDING SCHOOL ATTENDANCE
COMPULSORY SCHOOL ATTENDANCE
- Ed. Code 48200- "Each person between the ages of 6 and 18 years not exempted under the provisions of this chapter or chapter 3 (commencing with Section 48400) is subject to compulsory full-time education."
- Ed. Code 48260- "A pupil subject to compulsory full-time education or to compulsory continuation education who is absent from school without a valid excuse three full days in one school year or tardy or absent for more than a 30-minute period during the schoolday without a valid excuse on three occasions in one school year, or any combination thereof, shall be classified as a truant and shall be reported to the attendance supervisor or to the superintendent of the school district."
SECOND CLASSIFICATION OF TRUANCY
- Ed. Code 48261- "Any pupil who has once been reported as a truant and who is again absent from school without a valid excuse one or more days, or tardy on one or more days, shall again be reported as a truant to the attendance supervisor or the superintendent of the district."
- Ed. Code 48262- "Any pupil is deemed an habitual truant who has been reported as a truant three or more times per school year, provided that no pupil shall be deemed an habitual truant unless an appropriate district officer or employee has made a conscientious effort to hold at least one conference with a parent or guardian of the pupil and the pupil himself, after the filing of either of the reports required by Section 48260 or Section 48261."
- Ed. Code 60901 (c)(1)- "For purposes of this section, "chronic absentee" means a pupil who is absent on 10 percent or more of the schooldays in the school year when the total number of days a pupil is absent is divided by the total number of days the pupil is enrolled and school was actually taught in the regular day schools of the district, exclusive of Saturdays and Sundays."
WHEN CAN A GUARDIAN BE REFERRED TO SARB?
- Ed. Code 48263- "If any minor pupil in any district of a county is an habitual truant, or is irregular in attendance at school, as defined in this article, or is habitually insubordinate or disorderly during attendance at school, the pupil may be referred to a school attendance review board or to the probation department for services if the probation department has elected to receive these referrals."
WHAT IS SARB?
- SARB stands for School Attendance Review Board and is composed of representatives from various community agencies that help students and their guardians solve school attendance problems through the use of available resources. In 1974, the Legislature enacted California Education Code (EC) Sections 48320 to enhance the enforcement of compulsory education laws. Although the goal of SARBs is to keep students in school and provide them with a meaningful educational experience, SARBs do have the power, when necessary, to refer students and their parents or guardians to court.
- Ed. Code 48263.6- "Any pupil subject to compulsory full-time education or to compulsory continuation education who is absent from school without a valid excuse for ten percent or more of the school days 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 EC sections 48260, 48260.5, 48261, 48262, 48263, and 48291."
CAN A GUARDIAN BE REFERRED TO COURT WHEN STUDENT HAS ATTENDANCE ISSUES?
- Ed. Code 48293- "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..."
- Penal Code 270.1- "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 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 imprinsonment in a county jail not exceeding one year, or by both that fine and imprisonment."
- Penal Code 272- "Every person who commits any act or omits the performance of any duty, which act or omission causes or tends to cause or encourage any person under the age of 18 years to come within the provisions of Section 300, 601, or 602 of the Welfare and Institutions Code or which act or omission contributes thereto, or any person who, by any act or omission, or by threats, commands, or persuasion, induces or endeavors to induce any person under the age of 18 years or any ward or dependent child of the juvenile court to fail or refuse to conform to a lawful order of the juvenile court, or to do or to perform any act or to follow any course of conduct or to so live as would cause or manifestly tend to cause that person to become or to remain a person within the provisions of Section 300, 601, or 602 of the Welfare and Institution Code, is guilty of a misdemeanor and upon conviction thereof shall be punished by a fine not exceeding two thousand five hundred dollars ($2,500), or by imprisonment in the county jail for not more than one year, or by both fine and imprisonment in a county jail..."
SCHOOL ATTENDANCE LINKS