Bill Text: CA AB2176 | 2023-2024 | Regular Session | Introduced

California Assembly Bill 2176

NOTE: There are more recent revisions of this legislation. Read Latest Draft

Bill Title: Juvenile court schools: chronic absenteeism rates.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Engrossed) 2024-06-27 - Ordered to third reading. [AB2176 Detail]

Download: California-2023-AB2176-Introduced.html

CALIFORNIA LEGISLATURE— 2023–2024 REGULAR SESSION

Assembly Bill

No. 2176

Introduced by Assembly Member Berman

February 07, 2024

An act to add Sections 859 and 889.3 to the Welfare and Institutions Code, relating to juveniles.

LEGISLATIVE COUNSEL'S DIGEST

AB 2176, as introduced, Berman. Juveniles: access to education.

Existing law and case law recognize that education is a fundamental right under the state constitution. Existing law, the Arnold-Kennick Juvenile Court Law, states its purpose is to provide for the protection and safety of the public and each minor under the jurisdiction of the juvenile court, and require minors under the jurisdiction of the juvenile court to receive care, treatment, and guidance consistent with their best interests. Existing law requires county boards of education to provide for the administration and operation of public schools in juvenile halls, juvenile ranches, and juvenile camps, among others, known as juvenile court schools.

This bill would prohibit juveniles who are detained in, or committed to, juvenile hall, a secure youth treatment facility, juvenile ranch, camp, or forestry camp from being denied access to an equitable education with their peers, except in limited and temporary circumstances where the juvenile poses an immediate threat to staff or other juveniles. The bill would, if a juvenile is denied access to an equitable education with their peers for 3 consecutive school days in a school year, authorize a petition to be filed and would require the juvenile court to grant a hearing on the petition. The bill would require the county probation department to establish, by clear and convincing evidence, that the juvenile poses an immediate threat to staff or other juveniles at juvenile hall, a secure youth treatment facility, juvenile ranch, camp, or forestry camp. The bill would require, if the court determines that the probation department has not met its burden, to order that the juvenile be allowed to return to instruction with the juvenile’s peers. The bill would require a county probation department, in collaboration with a county office of education, to ensure that juveniles who are temporarily denied access to equitable education with their peers have access to paper or online coursework that is aligned to grade level standards. To the extent this bill would mandate that a county probation department or county office of education provide a new program or higher level of service, the bill would impose a state-mandated local program.

The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.

This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.

Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: YES

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

SECTION 1.

The Legislature finds and declares that, as recognized in the California Constitution, in Serrano v. Priest (1971) 5 Cal.3d 584, and Section 202 of the Education Code, education is a fundamental right that may not be abridged absent a compelling government interest.

SEC. 2.

Section 859 is added to the Welfare and Institutions Code, to read:

859.

(a) Juveniles who are detained in, or committed to, a juvenile hall shall not be denied access to an equitable education with their peers, except in limited and temporary circumstances where the juvenile poses an immediate threat to staff or other juveniles.

(b) A county probation department shall, in collaboration with a county office of education, ensure that juveniles who are temporarily denied access to equitable education with their peers have access to paper or online coursework that is aligned to grade level standards.

(c) If a juvenile is denied access to an equitable education with their peers for three consecutive school days in a school year, a petition may be filed and the juvenile court shall grant a hearing on the petition. At that hearing, the county probation department shall have the burden of presenting clear and convincing evidence that the juvenile poses an immediate threat to staff or other juveniles at juvenile hall. If the judge determines that the county probation department has not met its burden, the juvenile shall be allowed to return to instruction with their peers.

(d) These provisions shall be considered part of the current responsibilities of the county probation department to provide and coordinate services for juveniles that enable the juveniles to access their fundamental right to an education and to be law-abiding and productive members of their families and communities.

(e) For purposes of this section, “juvenile” means any person detained in, or committed to, a juvenile hall who is 18 years of age or younger and has not obtained a high school diploma or equivalent.

SEC. 3.

Section 889.3 is added to the Welfare and Institutions Code, to read:

889.3.

(a) Juveniles who are detained in, or committed to, a secure youth treatment facility, juvenile ranch, camp, or forestry camp shall not be denied access to an equitable education with their peers, except in limited and temporary circumstances where the juvenile poses an immediate threat to staff or other juveniles.

(c) If a juvenile is denied access to an equitable education with their peers for three consecutive school days in a school year, a petition may be filed and the juvenile court shall grant a hearing on the petition. At that hearing, the county probation department shall have the burden of presenting clear and convincing evidence that the juvenile poses an immediate threat to staff or other juveniles at a secure youth treatment facility, juvenile ranch, camp, or forestry camp. If the judge determines that the county probation department has not met its burden, the juvenile shall be allowed to return to instruction with their peers.

(e) For purposes of this section, “juvenile” means any person detained in, or committed to, a secure youth treatment facility, juvenile ranch, camp, or forestry camp who is 18 years of age or younger and has not obtained a high school diploma or equivalent.

SEC. 4.

If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.