2010 California Code
Education Code
Article 5. Truants

EDUCATION CODE
SECTION 48260-48273



48260.  (a) Any pupil subject to compulsory full-time education or
to compulsory continuation education who is absent from school
without valid excuse three 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 three occasions in one school year, or any
combination thereof, is a truant and shall be reported to the
attendance supervisor or to the superintendent of the school
district.
   (b) Notwithstanding subdivision (a), it is the intent of the
Legislature that school districts shall not change the method of
attendance accounting provided for in existing law and shall not be
required to employ period-by-period attendance accounting.



48260.5.  Upon a pupil's initial classification as a truant, the
school district shall notify the pupil's 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) of Chapter 2 of Part 27.
   (d) That alternative educational programs are available in the
district.
   (e) That the parent or guardian has the right to meet with
appropriate school personnel to discuss solutions to the pupil's
truancy.
   (f) That the pupil may be subject to prosecution under Section
48264.
   (g) That the pupil may be subject to suspension, restriction, or
delay of the pupil's driving privilege pursuant to Section 13202.7 of
the Vehicle Code.
   (h) That it is recommended that the parent or guardian accompany
the pupil to school and attend classes with the pupil for one day.




48260.6.  (a) In any county which has not established a county
school attendance review board pursuant to Section 48321, the school
district may notify the district attorney or the probation officer,
or both, of the county in which the school district is located, by
first-class mail or other reasonable means, of the following if the
district attorney or the probation officer has elected to participate
in the truancy mediation program described in subdivision (d):
   (1) The name of each pupil who has been classified as a truant.
   (2) The name and address of the parent or guardian of each pupil
who has been classified as a truant.
   (b) The school district may also notify the district attorney or
the probation officer, or both, as to whether the pupil continues to
be classified as a truant after the parents have been notified
pursuant to subdivision (a) of Section 48260.5.
   (c) In any county which has not established a county school
attendance review board, the district attorney or the probation
officer of the county in which the school district is located may
notify the parents or guardians of every truant, by first-class mail
or other reasonable means, that they may be subject to prosecution
pursuant to Article 6 (commencing with Section 48290) of Chapter 2 of
Part 27 for failure to compel the attendance of the pupil at school.
   (d) If the district attorney or the probation officer, or both,
are notified by a school district that a child continues to be
classified as a truant after the parents or guardians have been
notified pursuant to subdivision (a) of Section 48260.5, the district
attorney or the probation officer in any county which has not
established a county school attendance review board may request the
parents or guardians and the child to attend a meeting in the
district attorney's office or at the probation department pursuant to
Section 601.3 of the Welfare and Institutions Code to discuss the
possible legal consequences of the child's truancy. Notice of the
meeting shall be given pursuant to Section 601.3 of the Welfare and
Institutions Code.



48261.  Any pupil who has once been reported as a truant and who is
again absent from school without 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.



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. For purposes of this section, a
conscientious effort means attempting to communicate with the parents
of the pupil at least once using the most cost-effective method
possible, which may include electronic mail or a telephone call.



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.
The supervisor of attendance, or any other persons the governing
board of the school district or county may designate, making the
referral shall notify the minor and parents or guardians of the
minor, in writing, of the name and address of the board or probation
department to which the matter has been referred and of the reason
for the referral. The notice shall indicate that the pupil and
parents or guardians of the pupil will be required, along with the
referring person, to meet with the school attendance review board or
probation officer to consider a proper disposition of the referral.
   If the school attendance review board or probation officer
determines that available community services can resolve the problem
of the truant or insubordinate pupil, then the board or probation
officer shall direct the pupil or the pupil's parents or guardians,
or both, to make use of those community services. The school
attendance review board or probation officer may require, at any time
that it determines proper, the pupil or parents or guardians of the
pupil, or both, to furnish satisfactory evidence of participation in
the available community services.
   If the school attendance review board or probation officer
determines that available community services cannot resolve the
problem of the truant or insubordinate pupil or if the pupil or the
parents or guardians of the pupil, or both, have failed to respond to
directives of the school attendance review board or probation
officer or to services provided, the school attendance review board
may, pursuant to Section 48263.5, notify the district attorney or the
probation officer, or both, of the county in which the school
district is located, or the probation officer may, pursuant to
Section 48263.5, notify the district attorney, if the district
attorney or the probation officer has elected to participate in the
truancy mediation program described in that section. If the district
attorney or the probation office has not elected to participate in
the truancy mediation program described in Section 48263.5, the
school attendance review board or probation officer may direct the
county superintendent of schools to, and, thereupon, the county
superintendent of schools shall, request a petition on behalf of the
pupil in the juvenile court of the county. Upon presentation of a
petition on behalf of a pupil, the juvenile court of the county shall
hear all evidence relating to the petition. The school attendance
review board or the probation officer shall submit to the juvenile
court documentation of efforts to secure attendance as well as its
recommendations on what action the juvenile court shall take in order
to bring about a proper disposition of the case.
   In any county which has not established a school attendance review
board, if the school district determines that available community
resources cannot resolve the problem of the truant or insubordinate
pupil, or if the pupil or the pupil's parents or guardians, or both,
have failed to respond to the directives of the school district or
the services provided, the school district, pursuant to Section
48260.6, may notify the district attorney or the probation officer,
or both, of the county in which the school district is located, if
the district attorney or the probation officer has elected to
participate in the truancy mediation program described in Section
48260.6.


48263.5.  (a) In any county which has established a county school
attendance review board pursuant to Section 48321, the school
attendance review board may notify the district attorney or the
probation officer, or both, of the county in which the school
district is located, or the probation officer may notify the district
attorney, by first-class mail or other reasonable means, of the
following if the district attorney or the probation officer has
elected to participate in the truancy mediation program described in
subdivision (b):
   (1) The name of each pupil who has been classified as a truant and
concerning whom the school attendance review board or the probation
officer has determined:
   (A) That available community services cannot resolve the truancy
or insubordination problem.
   (B) That the pupil or the parents or guardians of the pupil, or
both, have failed to respond to directives of the school attendance
review board or probation officer or to services provided.
   (2) The name and address of the parent or guardian of each pupil
described in paragraph (1).
   (b) Upon receipt of notification provided pursuant to subdivision
(a), the district attorney or the probation officer may notify the
parents or guardians of each pupil concerning whom notification has
been received, by first-class mail or other reasonable means, that
they may be subject to prosecution pursuant to Article 6 (commencing
with Section 48290) of Chapter 2 of Part 27 for failure to compel the
attendance of the pupil at school. The district attorney or the
probation officer may also request the parents or guardians and the
child to attend a meeting in the district attorney's office or at the
probation department pursuant to Section 601.3 of the Welfare and
Institutions Code to discuss the possible legal consequences of the
child's truancy. Notice of the meeting shall be given pursuant to
Section 601.3 of the Welfare and Institutions 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 10 percent 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 Sections 48260, 48260.5, 48261, 48262,
48263, and 48291.



48264.  The attendance supervisor or his or her designee, a peace
officer, a school administrator or his or her designee, or a
probation officer may arrest or assume temporary custody, during
school hours, of any minor subject to compulsory full-time education
or to compulsory continuation education found away from his or her
home and who is absent from school without valid excuse within the
county, city, or city and county, or school district.



48264.5.  Any minor who is required to be reported 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 required, the pupil may be
personally given a written warning by any peace officer specified in
Section 830.1 of the Penal Code. A record of the written warning may
be kept at the school for a period of not less than two years, or
until the pupil graduates, or transfers, from that school. If the
pupil transfers, the record may be forwarded to any school receiving
the pupil's school records. A record of the written warning may be
maintained by the law enforcement agency in accordance with that law
enforcement agency's policies and procedures.
   (b) The second time a truancy report is required within the same
school year, the pupil may be assigned by the school to an
afterschool or weekend study program located within the same county
as the pupil's 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 required within the same
school year, the pupil shall be classified 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 district does not have a truancy
mediation program, the pupil may be required to attend a comparable
program deemed acceptable by the school district's 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 required to be reported within
the same school year, the pupil shall be within the jurisdiction of
the juvenile court which 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 pupil's 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 one hundred
dollars ($100) for which a parent or guardian of the pupil may be
jointly liable.
   (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).



48265.  Any person arresting or assuming temporary custody of a
minor pursuant to Section 48264 shall forthwith deliver the minor
either to the parent, guardian, or other person having control, or
charge of the minor, or to the school from which the minor is absent,
or to a nonsecure youth service or community center designated by
the school or district for counseling prior to returning such minor
to his home or school, or to a school counselor or pupil services and
attendance officer located at a police station for the purpose of
obtaining immediate counseling from the counselor or officer prior to
returning or being returned to his home or school, or, if the minor
is found to have been declared an habitual truant, he shall cause the
minor to be brought before the probation officer of the county
having jurisdiction over minors.



48266.  Any person taking action pursuant to Sections 48264 and
48265 shall report the matter, and the disposition made by him of the
minor to the school authorities of the city, or city and county, or
school district and to the minor's parent or guardian.



48267.  Any pupil who has once been adjudged an habitual truant or
habitually insubordinate or disorderly during attendance at school by
the juvenile court of the county, or has been found to be a person
described in Section 602 and as a condition of probation is required
to attend a school program approved by a probation officer, who is
reported as a truant from school one or more days or tardy on one or
more days without valid excuse, in the same school year or in a
succeeding year, or habitually insubordinate, or disorderly during
attendance at school, shall be brought to the attention of the
juvenile court and the pupil's probation or parole officer within 10
days of the reported violation.
   Notwithstanding Section 827 of the Welfare and Institutions Code,
written notice that a minor enrolled in a public school in grades 7
to 12, inclusive, has been found by a court to be a person described
in Section 602 and as a condition of probation is required to attend
a school program approved by a probation officer shall be provided by
the juvenile court, within seven days of the entry of the
dispositional order, to the superintendent of the school district of
attendance, which information shall be expeditiously transmitted to
the principal or to one person designated by the principal of the
school that the minor is attending. The principal or the principal's
designee shall not disclose this information to any other person
except as otherwise required by law.



48268.  The court, in addition to any judgment it may make regarding
the pupil, may render judgment that the parent, guardian, or person
having the control or charge of the pupil shall deliver him at the
beginning of each schoolday, for the remainder of the school term, at
the school from which he is a truant, or in which he has been
insubordinate or disorderly during attendance, or to a school
designated by school authorities.



48269.  If the parent, guardian, or other person having control or
charge of the child, within three days after the rendition of the
judgment executes a bond to the governing board of the school
district in the sum of two hundred dollars ($200), conditioned that
the child will, during the remainder of the current school year,
regularly attend some public or private school in the city, or city
and county, or school district, and not be insubordinate or
disorderly during attendance, then the court may make an order
suspending the execution of the judgment so long as the condition of
the bond is complied with. The bond shall be filed with the secretary
of the board of education, or clerk of the board of trustees. All
money paid or collected on the bond shall be paid into the county
treasury as provided in Section 41001.



48273.  The governing board of each school district shall adopt
rules and regulations to require the appropriate officers and
employees of the district to gather and transmit to the county
superintendent of schools the number and types of referrals to school
attendance review boards and of requests for petitions to the
juvenile court pursuant to Section 48263.



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