Not an official District document; independently assembled by David Weekly. May contain errors. Questions? Contact us.
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5113.12 AR Administrative Regulation

District School Attendance Review Board

Upon receiving a referral of a student with attendance and/or behavior problems, a designated member of the school attendance review board (SARB) shall review the case and may meet with school personnel to determine whether the school has provided sufficient information about the student's attendance record or behavior. If the referral is complete and is an appropriate matter for the SARB to consider, the SARB chairperson shall provide written notification to the student's parents/guardians stating the reasons a referral has been made, explaining the SARB process, advising whether additional information is needed, and describing school-level interventions that have previously been attempted. The SARB shall meet with the student and the student's parents/guardians, give them an opportunity to present their understanding of the problem, and discuss the school and/or community resources appropriate for the student's circumstances. In accordance with Board Bylaw 9321 - Closed Session, any SARB meeting to consider matters related to an individual student shall be held in closed session unless the parent/guardian requests, in writing, that the meeting be held in open session. The SARB shall have access to relevant student records, but shall not provide access to others without written consent of the student's parent/guardian. (Education Code 49076) For the limited purpose of making a proper disposition of the referral of a student, the SARB may issue subpoenas pursuant to Code of Civil Procedure 1985-1997, or may request the juvenile court to issue subpoenas to require the attendance of the student, parents/guardians or other person having control of the student, the school authority referring the student, or any other person who has pertinent or material information concerning the matter. The SARB shall not issue any subpoena that includes a request for production of written materials, but may request a juvenile court to issue such subpoena for the production of written materials. (Education Code 48263, 48321.5) The SARB shall issue written directives stating the responsibilities of all persons involved, detailed resource referrals, and follow-up dates for the school's reports on the student's progress. The written directives shall include an agreement that the student will attend school or improve classroom behavior as applicable, and shall be signed by the student, the student's parents/guardians, the SARB chairperson, and the Superintendent or designee. When referred by the SARB, a student may be assigned to a community day school or a county community school. (Education Code 1981, 48662) At any time it deems proper, the SARB may require the student or the student's parents/guardians to furnish satisfactory evidence of participation in any available community services that the student or parents/guardians have been directed to use. (Education Code 48263) Based on progress reports submitted by the school, the SARB may terminate the agreement upon the successful completion of the terms of the agreement, extend the time for completion of the agreement, or schedule another meeting with the student and the student's parents/guardians. If the student's attendance or behavior problems cannot be resolved by the SARB, or if the student and/or the student's parents/guardians continually and willfully fail to respond to SARB directives or the services provided, the student or parents/guardians shall be referred to the appropriate agency, including law enforcement agencies when necessary. (Education Code 48263, 48290-48291)

Legal & Management References

State
5 CCR 306 - Explanation of absence
5 CCR 420-424 - Record of verification of absence due to illness and other causes
Code of Civil Procedure 1985-1997 - Production of evidence; means of production
Ed. Code 1740 - Employment of personnel to supervise attendance
Ed. Code 1980-1986 - County community school
Ed. Code 48200-48208 - Children ages 6-18; compulsory full-time attendance
Ed. Code 48240-48246 - Supervisors of attendance
Ed. Code 48290-48297 - Failure to comply; complaints against parents
Ed. Code 48320-48325 - School attendance review boards
Ed. Code 48340-48341 - Improvement of student attendance
Ed. Code 48400-48403 - Compulsory continuation education
Ed. Code 48660-48666 - Community day schools
Ed. Code 49067 - Unexcused absences as cause of failing grade
Gov. Code 54950-54963 - The Ralph M. Brown Act
Pen. Code 270.1 - Chronic truancy; parent/guardian misdemeanor
Pen. Code 272 - Parent/guardian duty to supervise and control minor child; criminal liability for truancy
Pen. Code 830.1 - Peace officers
Veh. Code 13202.7 - Driving privileges; minors; suspension or delay for habitual truancy
W&I Code 11253.5 - Compulsory school attendance; eligibility for aid
W&I Code 256-258 - Juvenile hearing officer
W&I Code 601-601.5 - Habitually truant minors
Management Resources
California Department of Education Publication - School Attendance Review Boards Handbook & Forms, rev. 2018
Court Decision - L.A. v. Superior Court of San Diego County (2012) 209 Cal.App.4th 976
Website - CSBA District and County Office of Education Legal Services
Website - Attendance Works
Website - California Association of Supervisors of Child Welfare and Attendance
Website - California Department of Education
Website - CSBA

Cross References