Bill Text: CA AB2176 | 2023-2024 | Regular Session | Amended
Bill Title: Juvenile court schools: chronic absenteeism rates.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Enrolled) 2024-08-28 - Enrolled and presented to the Governor at 4 p.m. [AB2176 Detail]
Download: California-2023-AB2176-Amended.html
Amended
IN
Assembly
April 04, 2024 |
Introduced by Assembly Member Berman |
February 07, 2024 |
LEGISLATIVE COUNSEL'S DIGEST
Digest Key
Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: YESBill Text
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.(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)
(e)
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.
(d)
(e)