Bills · 2011-2012 Regular Session
eliminating certain requirements that must be met before a proceeding may be brought against a child under 12 years of age for habitual truancy and requiring the court assigned to exercise jurisdiction under the Children's Code to order certain dispositions if the habitual truancy of a child under 12 years of age is the result of the neglect, refusal, or inability of the parent or guardian of the child to cause the child to attend school regularly.
- Introduced, stopped here
- Passes Assembly, not reached
- Passes Senate, not reached
- Governor signs, not reached
- Law, not reached
Unfamiliar terms? Glossary
What this bill does
Plain-language analysis by the nonpartisan Legislative Reference Bureau
Current law grants the court assigned to exercise jurisdiction under the
Children's Code and the Juvenile Justice Code (juvenile court) exclusive jurisdiction
over a juvenile alleged to be in need of protection or services on the grounds of
habitual truancy, which is defined as being absent from school without an acceptable
excuse for part or all of five or more days on which school is held during a school
semester. Current law requires, however, that before any proceeding may be brought
against a child for habitual truancy, the school attendance officer must provide
evidence that appropriate school personnel have done all of the following:
1. Met with the child's parent or guardian to discuss the child's truancy or
attempted to meet with the child's parent or guardian but received no response or
were refused.
2. Provided an opportunity for educational counseling to determine whether a
change in the child's curriculum would resolve the child's truancy.
3. Evaluated the child to determine whether learning problems may be a cause
of the child's truancy and, if so, have taken steps to overcome the learning problems.
4. Conducted an evaluation to determine whether social problems may be a
cause of the child's truancy and, if so, have taken appropriate action or made
appropriate referrals.
This bill eliminates, for a child under 12 years of age, the requirements that
appropriate school personnel provide an opportunity for educational counseling,
evaluate the child for learning problems, and evaluate the child for social problems
before a proceeding may be brought against the child for habitual truancy, either in
juvenile court or under a municipal ordinance prohibiting habitual truancy.
Accordingly, under the bill, the only requirement that must be met before bringing
a habitual truancy proceeding against a child under 12 years of age is that
appropriate school personnel have met or attempted to meet with the child's parent
or guardian. The bill, however, does require that appropriate school personnel
provide an opportunity for educational counseling, evaluate the child for learning
problems, and evaluate the child for social problems before a dispositional order may
be granted in such a proceeding.
The bill also requires the juvenile court to order one or more of the following
dispositions if the juvenile court finds that a child under 12 years of age is in need
of protection or services for habitual truancy and that the habitual truancy is the
result of the neglect, refusal, or inability of the parent or guardian of the child to
cause the child to attend school regularly:
1. Counsel the child and the parent or guardian of the child.
2. Order the parent or guardian of the child to cause the child to attend school
regularly and to comply with any conditions determined by the juvenile court to be
necessary to ensure that the child attends school regularly.
3. Order the parent or guardian of the child to attend scheduled meetings or