SB 1138: Pupil attendance: excused absences: military entrance processing.
- Session Year: 2023-2024
- House: Senate
- Latest Version Date: 2024-09-29
Current Status:
Passed
(2024-09-29: Chaptered by Secretary of State. Chapter 925, Statutes of 2024.)
Introduced
In Committee
First Chamber
In Committee
Second Chamber
Enacted
Existing law, notwithstanding the requirement that each person between 6 and 18 years of age who is not otherwise exempted is subject to compulsory full-time education, requires a pupil to be excused from school for specified types of absences, including, among others, an absence for purposes of spending time with a member of the pupils immediate family who is an active duty member of the uniformed services, and has been called to duty for, is on leave from, or has immediately returned from, deployment to a combat zone or combat support position, as specified.
This bill would add a pupils participation in military entrance processing to the list of excused absences. To the extent the bill would impose additional duties on school officials, the bill would impose a state-mandated local program.
This bill would incorporate additional changes to Section 48205 of the Education Code proposed by AB 1884 and AB 2499 to be operative only if this bill and either or both of those bills are enacted and this bill is enacted last.
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.
Existing law, notwithstanding the requirement that each person between 6 and 18 years of age who is not otherwise exempted is subject to compulsory full-time education, requires a pupil to be excused from school for specified types of absences, including, among others, an absence for purposes of spending time with a member of the pupils immediate family who is an active duty member of the uniformed services, and has been called to duty for, is on leave from, or has immediately returned from, deployment to a combat zone or combat support position, as specified.
This bill would add a pupils participation in military entrance processing to the list of excused absences. To the extent the bill would impose additional duties on school officials, the bill would impose a state-mandated local program.
This bill would incorporate additional changes to Section 48205 of the Education Code proposed by AB 1884 and AB 2499 to be operative only if this bill and either or both of those bills are enacted and this bill is enacted last.
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.
Existing law, notwithstanding the requirement that each person between 6 and 18 years of age who is not otherwise exempted is subject to compulsory full-time education, requires a pupil to be excused from school for specified types of absences, including, among others, an absence for purposes of spending time with a member of the pupils immediate family who is an active duty member of the uniformed services, and has been called to duty for, is on leave from, or has immediately returned from deployment to a combat zone or combat support position, as specified.
This bill would add a pupils participation in military entrance processing to the list of excused absences. To the extent the bill would impose additional duties on school officials, the bill would impose a state-mandated local program.
This bill would incorporate additional changes to Section 48205 of the Education Code proposed by AB 1884 and AB 2499 to be operative only if this bill and either or both of those bills are enacted and this bill is enacted last.
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.
Existing law, notwithstanding the requirement that each person between 6 and 18 years of age who is not otherwise exempted is subject to compulsory full-time education, requires a pupil to be excused from school for specified types of absences, including, among others, an absence for purposes of spending time with a member of the pupils immediate family who is an active duty member of the uniformed services, and has been called to duty for, is on leave from, or has immediately returned from deployment to a combat zone or combat support position, as specified.
This bill would add a pupils participation in military entrance processing to the list of excused absences. To the extent the bill would impose additional duties on school officials, 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.
Existing law authorizes the governing board of a school district to provide for the transportation of pupils to and from school whenever, in the judgment of the board, the transportation is advisable and good reasons exist to do so.This bill would state the intent of the Legislature to enact future legislation relating to pupil transportation.Existing law authorizes the governing board of a school district to provide for the transportation of pupils to and from school whenever, in the judgment of the board, the transportation is advisable and good reasons exist to do so.
This bill would state the intent of the Legislature to enact future legislation relating to pupil transportation.
(a)Notwithstanding Section 48200, a pupil shall be excused from school when the absence is:
(1)Due to the pupils illness, including an absence for the benefit of the pupils mental or behavioral health.
(2)Due to quarantine under the direction of a county or city health officer.
(3)For purposes of having medical, dental, optometrical, or chiropractic services rendered.
(4)For purposes of attending the funeral services or grieving the death of either a member of the pupils immediate family, or of a person that is determined by the pupils parent or guardian to be in such close association with the pupil as to be considered the pupils immediate family, so long as the absence is not more than five days per incident.
(5)For purposes of jury duty in the manner provided for by law.
(6)Due to the illness or medical appointment during school hours of a child of whom the pupil is the custodial parent, including absences to care for a sick child, for which the school shall not require a note from a doctor.
(7)For justifiable personal reasons, including, but not limited to, an attendance or appearance in court, attendance at a funeral service, observance of a holiday or ceremony of the pupils religion, attendance at a religious retreat, attendance at an employment conference, or attendance at an educational conference on the legislative or judicial process offered by a nonprofit organization, when the pupils absence is requested in writing by the parent or guardian and approved by the principal or a designated representative pursuant to uniform standards established by the governing board of the school district.
(8)For purposes of serving as a member of a precinct board for an election pursuant to Section 12302 of the Elections Code.
(9)For purposes of spending time with a member of the pupils immediate family who is an active duty member of the uniformed services, as defined in Section 49701, and has been called to duty for, is on leave from, or has immediately returned from, deployment to a combat zone or combat support position. Absences granted pursuant to this paragraph shall be granted for a period of time to be determined at the discretion of the superintendent of the school district.
(10)For purposes of attending the pupils naturalization ceremony to become a United States citizen.
(11)For purposes of participating in a cultural ceremony or event.
(12)(A)For purposes of a middle school or high school pupil engaging in a civic or political event, as provided in subparagraph (B), provided that the pupil notifies the school ahead of the absence.
(B)(i)A middle school or high school pupil who is absent pursuant to subparagraph (A) is required to be excused for only one schoolday-long absence per school year.
(ii)A middle school or high school pupil who is absent pursuant to subparagraph (A) may be permitted additional excused absences in the discretion of a school administrator, as described in subdivision (c) of Section 48260.
(13)(A)For any of the purposes described in clauses (i) to (iii), inclusive, if an immediate family member of the pupil, or a person that is determined by the pupils parent or guardian to be in such close association with the pupil as to be considered the pupils immediate family, has died, so long as the absence is not more than three days per incident.
(i)To access services from a victim services organization or agency.
(ii)To access grief support services.
(iii)To participate in safety planning or to take other actions to increase the safety of the pupil or an immediate family member of the pupil, or a person that is determined by the pupils parent or guardian to be in such close association with the pupil as to be considered the pupils immediate family, including, but not limited to, temporary or permanent relocation.
(B)Any absences beyond three days for the reasons described in subparagraph (A) shall be subject to the discretion of the school administrator, or their designee, pursuant to Section 48260.
(14)Due to the pupils participation in military entrance processing.
(15)Authorized at the discretion of a school administrator, as described in subdivision (c) of Section 48260.
(b)A pupil absent from school pursuant to this section shall be allowed to complete all assignments and tests missed during the absence that can be reasonably provided and, upon satisfactory completion within a reasonable period of time, shall be given full credit for those assignments and tests. The teacher of the class from which a pupil is absent shall determine which tests and assignments shall be reasonably equivalent to, but not necessarily identical to, the tests and assignments that the pupil missed during the absence.
(c)For purposes of this section, attendance at religious retreats shall not exceed one schoolday per semester.
(d)Absences pursuant to this section are deemed to be absences in computing average daily attendance and shall not generate state apportionment payments.
(e)For purposes of this section, the following definitions apply:
(1)A civic or political event includes, but is not limited to, voting, poll working, strikes, public commenting, candidate speeches, political or civic forums, and town halls.
(2)Cultural means relating to the practices, habits, beliefs, and traditions of a certain group of people.
(3)Immediate family means the parent or guardian, brother or sister, grandparent, or any other relative living in the household of the pupil.
(4)Victim services organization or agency has the same meaning as defined in paragraph (7) of subdivision (g) of Section 230.1 of the Labor Code.
SEC. 1.1.Section 48205 of the Education Code is amended to read:48205.(a)Notwithstanding Section 48200, a pupil shall be excused from school when the absence is:
(1)Due to the pupils illness, including an absence for the benefit of the pupils mental or behavioral health.
(2)Due to quarantine under the direction of a county or city health officer.
(3)For purposes of having medical, dental, optometrical, or chiropractic services rendered.
(4)For purposes of attending the funeral services or grieving the death of either a member of the pupils immediate family, or of a person that is determined by the pupils parent or guardian to be in such close association with the pupil as to be considered the pupils immediate family, so long as the absence is not more than five days per incident.
(5)For purposes of jury duty in the manner provided for by law.
(6)Due to the illness or medical appointment during school hours of a child of whom the pupil is the custodial parent, including absences to care for a sick child, for which the school shall not require a note from a doctor.
(7)For justifiable personal reasons, including, but not limited to, an attendance or appearance in court, attendance at a funeral service, observance of a holiday or ceremony of the pupils religion, attendance at a religious retreat, attendance at an employment conference, or attendance at an educational conference on the legislative or judicial process offered by a nonprofit organization, when the pupils absence is requested in writing by the parent or guardian and approved by the principal or a designated representative pursuant to uniform standards established by the governing board of the school district.
(8)For purposes of serving as a member of a precinct board for an election pursuant to Section 12302 of the Elections Code.
(9)For purposes of spending time with a member of the pupils immediate family who is an active duty member of the uniformed services, as defined in Section 49701, and has been called to duty for, is on leave from, or has immediately returned from, deployment. Absences granted pursuant to this paragraph shall be granted for a period of time to be determined at the discretion of the superintendent of the school district.
(10)For purposes of attending the pupils naturalization ceremony to become a United States citizen.
(11)For purposes of participating in a cultural ceremony or event.
(12)(A)For purposes of a middle school or high school pupil engaging in a civic or political event, as provided in subparagraph (B), provided that the pupil notifies the school ahead of the absence.
(B)(i)A middle school or high school pupil who is absent pursuant to subparagraph (A) is required to be excused for only one schoolday-long absence per school year.
(ii)A middle school or high school pupil who is absent pursuant to subparagraph (A) may be permitted additional excused absences in the discretion of a school administrator, as described in subdivision (c) of Section 48260.
(13)(A)For any of the purposes described in clauses (i) to (iii), inclusive, if an immediate family member of the pupil, or a person that is determined by the pupils parent or guardian to be in such close association with the pupil as to be considered the pupils immediate family, has died, so long as the absence is not more than three days per incident.
(i)To access services from a victim services organization or agency.
(ii)To access grief support services.
(iii)To participate in safety planning or to take other actions to increase the safety of the pupil or an immediate family member of the pupil, or a person that is determined by the pupils parent or guardian to be in such close association with the pupil as to be considered the pupils immediate family, including, but not limited to, temporary or permanent relocation.
(B)Any absences beyond three days for the reasons described in subparagraph (A) shall be subject to the discretion of the school administrator, or their designee, pursuant to Section 48260.
(14)Due to the pupils participation in military entrance processing.
(15)Authorized at the discretion of a school administrator, as described in subdivision (c) of Section 48260.
(b)A pupil absent from school pursuant to this section shall be allowed to complete all assignments and tests missed during the absence that can be reasonably provided and, upon satisfactory completion within a reasonable period of time, shall be given full credit for those assignments and tests. The teacher of the class from which a pupil is absent shall determine which tests and assignments shall be reasonably equivalent to, but not necessarily identical to, the tests and assignments that the pupil missed during the absence.
(c)For purposes of this section, attendance at religious retreats shall not exceed one schoolday per semester.
(d)Absences pursuant to this section are deemed to be absences in computing average daily attendance and shall not generate state apportionment payments.
(e)For purposes of this section, the following definitions apply:
(1)A civic or political event includes, but is not limited to, voting, poll working, strikes, public commenting, candidate speeches, political or civic forums, and town halls.
(2)Cultural means relating to the practices, habits, beliefs, and traditions of a certain group of people.
(3)Immediate family means the parent or guardian, brother or sister, grandparent, or any other relative living in the household of the pupil.
(4)Victim services organization or agency has the same meaning as defined in paragraph (7) of subdivision (g) of Section 230.1 of the Labor Code.
SEC. 1.2.Section 48205 of the Education Code is amended to read:48205.(a)Notwithstanding Section 48200, a pupil shall be excused from school when the absence is:
(1)Due to the pupils illness, including an absence for the benefit of the pupils mental or behavioral health.
(2)Due to quarantine under the direction of a county or city health officer.
(3)For purposes of having medical, dental, optometrical, or chiropractic services rendered.
(4)For purposes of attending the funeral services or grieving the death of either a member of the pupils immediate family, or of a person that is determined by the pupils parent or guardian to be in such close association with the pupil as to be considered the pupils immediate family, so long as the absence is not more than five days per incident.
(5)For purposes of jury duty in the manner provided for by law.
(6)Due to the illness or medical appointment during school hours of a child of whom the pupil is the custodial parent, including absences to care for a sick child, for which the school shall not require a note from a doctor.
(7)For justifiable personal reasons, including, but not limited to, an attendance or appearance in court, attendance at a funeral service, observance of a holiday or ceremony of the pupils religion, attendance at a religious retreat, attendance at an employment conference, or attendance at an educational conference on the legislative or judicial process offered by a nonprofit organization, when the pupils absence is requested in writing by the parent or guardian and approved by the principal or a designated representative pursuant to uniform standards established by the governing board of the school district.
(8)For purposes of serving as a member of a precinct board for an election pursuant to Section 12302 of the Elections Code.
(9)For purposes of spending time with a member of the pupils immediate family who is an active duty member of the uniformed services, as defined in Section 49701, and has been called to duty for, is on leave from, or has immediately returned from, deployment to a combat zone or combat support position. Absences granted pursuant to this paragraph shall be granted for a period of time to be determined at the discretion of the superintendent of the school district.
(10)For purposes of attending the pupils naturalization ceremony to become a United States citizen.
(11)For purposes of participating in a cultural ceremony or event.
(12)(A)For purposes of a middle school or high school pupil engaging in a civic or political event, as provided in subparagraph (B), provided that the pupil notifies the school ahead of the absence.
(B)(i)A middle school or high school pupil who is absent pursuant to subparagraph (A) is required to be excused for only one schoolday-long absence per school year.
(ii)A middle school or high school pupil who is absent pursuant to subparagraph (A) may be permitted additional excused absences in the discretion of a school administrator, as described in subdivision (c) of Section 48260.
(13)(A)For any of the purposes described in clauses (i) to (iii), inclusive, if an immediate family member of the pupil, or a person that is determined by the pupils parent or guardian to be in such close association with the pupil as to be considered the pupils immediate family, has died, so long as the absence is not more than three days per incident.
(i)To access services from a victim services organization or agency.
(ii)To access grief support services.
(iii)To participate in safety planning or to take other actions to increase the safety of the pupil or an immediate family member of the pupil, or a person that is determined by the pupils parent or guardian to be in such close association with the pupil as to be considered the pupils immediate family, including, but not limited to, temporary or permanent relocation.
(B)Any absences beyond three days for the reasons described in subparagraph (A) shall be subject to the discretion of the school administrator, or their designee, pursuant to Section 48260.
(14)Due to the pupils participation in military entrance processing.
(15)Authorized at the discretion of a school administrator, as described in subdivision (c) of Section 48260.
(b)A pupil absent from school pursuant to this section shall be allowed to complete all assignments and tests missed during the absence that can be reasonably provided and, upon satisfactory completion within a reasonable period of time, shall be given full credit for those assignments and tests. The teacher of the class from which a pupil is absent shall determine which tests and assignments shall be reasonably equivalent to, but not necessarily identical to, the tests and assignments that the pupil missed during the absence.
(c)For purposes of this section, attendance at religious retreats shall not exceed one schoolday per semester.
(d)Absences pursuant to this section are deemed to be absences in computing average daily attendance and shall not generate state apportionment payments.
(e)For purposes of this section, the following definitions apply:
(1)A civic or political event includes, but is not limited to, voting, poll working, strikes, public commenting, candidate speeches, political or civic forums, and town halls.
(2)Cultural means relating to the practices, habits, beliefs, and traditions of a certain group of people.
(3)Immediate family means the parent or guardian, brother or sister, grandparent, or any other relative living in the household of the pupil.
(4)Victim services organization or agency has the same meaning as defined in subdivision (j) of Section 12945.8 of the Government Code.
SEC. 1.3.Section 48205 of the Education Code is amended to read:48205.(a)Notwithstanding Section 48200, a pupil shall be excused from school when the absence is:
(1)Due to the pupils illness, including an absence for the benefit of the pupils mental or behavioral health.
(2)Due to quarantine under the direction of a county or city health officer.
(3)For purposes of having medical, dental, optometrical, or chiropractic services rendered.
(4)For purposes of attending the funeral services or grieving the death of either a member of the pupils immediate family, or of a person that is determined by the pupils parent or guardian to be in such close association with the pupil as to be considered the pupils immediate family, so long as the absence is not more than five days per incident.
(5)For purposes of jury duty in the manner provided for by law.
(6)Due to the illness or medical appointment during school hours of a child of whom the pupil is the custodial parent, including absences to care for a sick child, for which the school shall not require a note from a doctor.
(7)For justifiable personal reasons, including, but not limited to, an attendance or appearance in court, attendance at a funeral service, observance of a holiday or ceremony of the pupils religion, attendance at a religious retreat, attendance at an employment conference, or attendance at an educational conference on the legislative or judicial process offered by a nonprofit organization, when the pupils absence is requested in writing by the parent or guardian and approved by the principal or a designated representative pursuant to uniform standards established by the governing board of the school district.
(8)For purposes of serving as a member of a precinct board for an election pursuant to Section 12302 of the Elections Code.
(9)For purposes of spending time with a member of the pupils immediate family who is an active duty member of the uniformed services, as defined in Section 49701, and has been called to duty for, is on leave from, or has immediately returned from, deployment. Absences granted pursuant to this paragraph shall be granted for a period of time to be determined at the discretion of the superintendent of the school district.
(10)For purposes of attending the pupils naturalization ceremony to become a United States citizen.
(11)For purposes of participating in a cultural ceremony or event.
(12)(A)For purposes of a middle school or high school pupil engaging in a civic or political event, as provided in subparagraph (B), provided that the pupil notifies the school ahead of the absence.
(B)(i)A middle school or high school pupil who is absent pursuant to subparagraph (A) is required to be excused for only one schoolday-long absence per school year.
(ii)A middle school or high school pupil who is absent pursuant to subparagraph (A) may be permitted additional excused absences in the discretion of a school administrator, as described in subdivision (c) of Section 48260.
(13)(A)For any of the purposes described in clauses (i) to (iii), inclusive, if an immediate family member of the pupil, or a person that is determined by the pupils parent or guardian to be in such close association with the pupil as to be considered the pupils immediate family, has died, so long as the absence is not more than three days per incident.
(i)To access services from a victim services organization or agency.
(ii)To access grief support services.
(iii)To participate in safety planning or to take other actions to increase the safety of the pupil or an immediate family member of the pupil, or a person that is determined by the pupils parent or guardian to be in such close association with the pupil as to be considered the pupils immediate family, including, but not limited to, temporary or permanent relocation.
(B)Any absences beyond three days for the reasons described in subparagraph (A) shall be subject to the discretion of the school administrator, or their designee, pursuant to Section 48260.
(14)Due to the pupils participation in military entrance processing.
(15)Authorized at the discretion of a school administrator, as described in subdivision (c) of Section 48260.
(b)A pupil absent from school pursuant to this section shall be allowed to complete all assignments and tests missed during the absence that can be reasonably provided and, upon satisfactory completion within a reasonable period of time, shall be given full credit for those assignments and tests. The teacher of the class from which a pupil is absent shall determine which tests and assignments shall be reasonably equivalent to, but not necessarily identical to, the tests and assignments that the pupil missed during the absence.
(c)For purposes of this section, attendance at religious retreats shall not exceed one schoolday per semester.
(d)Absences pursuant to this section are deemed to be absences in computing average daily attendance and shall not generate state apportionment payments.
(e)For purposes of this section, the following definitions apply:
(1)A civic or political event includes, but is not limited to, voting, poll working, strikes, public commenting, candidate speeches, political or civic forums, and town halls.
(2)Cultural means relating to the practices, habits, beliefs, and traditions of a certain group of people.
(3)Immediate family means the parent or guardian, brother or sister, grandparent, or any other relative living in the household of the pupil.
(4)Victim services organization or agency has the same meaning as defined in subdivision (j) of Section 12945.8 of the Government Code.
SEC. 2.(a)Section 1.1 of this bill incorporates amendments to Section 48205 of the Education Code proposed by both this bill and Assembly Bill 1884. That section of this bill shall only become operative if (1) both bills are enacted and become effective on or before January 1, 2025, (2) each bill amends Section 48205 of the Education Code, (3) Assembly Bill 2499 is not enacted or as enacted does not amend that section, and (4) this bill is enacted after Assembly Bill 1884, in which case Sections 1, 1.2, and 1.3 of this bill shall not become operative.
(b)Section 1.2 of this bill incorporates amendments to Section 48205 of the Education Code proposed by both this bill and Assembly Bill 2499. That section of this bill shall only become operative if (1) both bills are enacted and become effective on or before January 1, 2025, (2) each bill amends Section 48205 of the Education Code, (3) Assembly Bill 1884 is not enacted or as enacted does not amend that section, and (4) this bill is enacted after Assembly Bill 2499 in which case Sections 1, 1.1, and 1.3 of this bill shall not become operative.
(c)Section 1.3 of this bill incorporates amendments to Section 48205 of the Education Code proposed by this bill, Assembly Bill 1884, and Assembly Bill 2499. That section of this bill shall only become operative if (1) all three bills are enacted and become effective on or before January 1, 2025, (2) all three bills amend Section 48205 of the Education Code, and (3) this bill is enacted after Assembly Bill 1884 and Assembly Bill 2499, in which case Sections 1, 1.1, and 1.2 of this bill shall not become operative.
SEC. 3.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.
(a)Notwithstanding Section 48200, a pupil shall be excused from school when the absence is:
(1)Due to the pupils illness, including an absence for the benefit of the pupils mental or behavioral health.
(2)Due to quarantine under the direction of a county or city health officer.
(3)For purposes of having medical, dental, optometrical, or chiropractic services rendered.
(4)For purposes of attending the funeral services or grieving the death of either a member of the pupils immediate family, or of a person that is determined by the pupils parent or guardian to be in such close association with the pupil as to be considered the pupils immediate family, so long as the absence is not more than five days per incident.
(5)For purposes of jury duty in the manner provided for by law.
(6)Due to the illness or medical appointment during school hours of a child of whom the pupil is the custodial parent, including absences to care for a sick child, for which the school shall not require a note from a doctor.
(7)For justifiable personal reasons, including, but not limited to, an attendance or appearance in court, attendance at a funeral service, observance of a holiday or ceremony of the pupils religion, attendance at a religious retreat, attendance at an employment conference, or attendance at an educational conference on the legislative or judicial process offered by a nonprofit organization, when the pupils absence is requested in writing by the parent or guardian and approved by the principal or a designated representative pursuant to uniform standards established by the governing board of the school district.
(8)For purposes of serving as a member of a precinct board for an election pursuant to Section 12302 of the Elections Code.
(9)For purposes of spending time with a member of the pupils immediate family who is an active duty member of the uniformed services, as defined in Section 49701, and has been called to duty for, is on leave from, or has immediately returned from, deployment to a combat zone or combat support position. Absences granted pursuant to this paragraph shall be granted for a period of time to be determined at the discretion of the superintendent of the school district.
(10)For purposes of attending the pupils naturalization ceremony to become a United States citizen.
(11)For purposes of participating in a cultural ceremony or event.
(12)(A)For purposes of a middle school or high school pupil engaging in a civic or political event, as provided in subparagraph (B), provided that the pupil notifies the school ahead of the absence.
(B)(i)A middle school or high school pupil who is absent pursuant to subparagraph (A) is required to be excused for only one schoolday-long absence per school year.
(ii)A middle school or high school pupil who is absent pursuant to subparagraph (A) may be permitted additional excused absences in the discretion of a school administrator, as described in subdivision (c) of Section 48260.
(13)(A)For any of the purposes described in clauses (i) to (iii), inclusive, if an immediate family member of the pupil, or a person that is determined by the pupils parent or guardian to be in such close association with the pupil as to be considered the pupils immediate family, has died, so long as the absence is not more than three days per incident.
(i)To access services from a victim services organization or agency.
(ii)To access grief support services.
(iii)To participate in safety planning or to take other actions to increase the safety of the pupil or an immediate family member of the pupil, or a person that is determined by the pupils parent or guardian to be in such close association with the pupil as to be considered the pupils immediate family, including, but not limited to, temporary or permanent relocation.
(B)Any absences beyond three days for the reasons described in subparagraph (A) shall be subject to the discretion of the school administrator, or their designee, pursuant to Section 48260.
(14)Due to the pupils participation in military entrance processing.
(15)Authorized at the discretion of a school administrator, as described in subdivision (c) of Section 48260.
(b)A pupil absent from school pursuant to this section shall be allowed to complete all assignments and tests missed during the absence that can be reasonably provided and, upon satisfactory completion within a reasonable period of time, shall be given full credit for those assignments and tests. The teacher of the class from which a pupil is absent shall determine which tests and assignments shall be reasonably equivalent to, but not necessarily identical to, the tests and assignments that the pupil missed during the absence.
(c)For purposes of this section, attendance at religious retreats shall not exceed one schoolday per semester.
(d)Absences pursuant to this section are deemed to be absences in computing average daily attendance and shall not generate state apportionment payments.
(e)For purposes of this section, the following definitions apply:
(1)A civic or political event includes, but is not limited to, voting, poll working, strikes, public commenting, candidate speeches, political or civic forums, and town halls.
(2)Cultural means relating to the practices, habits, beliefs, and traditions of a certain group of people.
(3)Immediate family means the parent or guardian, brother or sister, grandparent, or any other relative living in the household of the pupil.
(4)Victim services organization or agency has the same meaning as defined in paragraph (7) of subdivision (g) of Section 230.1 of the Labor Code.
SEC. 1.1.Section 48205 of the Education Code is amended to read:48205.(a)Notwithstanding Section 48200, a pupil shall be excused from school when the absence is:
(1)Due to the pupils illness, including an absence for the benefit of the pupils mental or behavioral health.
(2)Due to quarantine under the direction of a county or city health officer.
(3)For purposes of having medical, dental, optometrical, or chiropractic services rendered.
(4)For purposes of attending the funeral services or grieving the death of either a member of the pupils immediate family, or of a person that is determined by the pupils parent or guardian to be in such close association with the pupil as to be considered the pupils immediate family, so long as the absence is not more than five days per incident.
(5)For purposes of jury duty in the manner provided for by law.
(6)Due to the illness or medical appointment during school hours of a child of whom the pupil is the custodial parent, including absences to care for a sick child, for which the school shall not require a note from a doctor.
(7)For justifiable personal reasons, including, but not limited to, an attendance or appearance in court, attendance at a funeral service, observance of a holiday or ceremony of the pupils religion, attendance at a religious retreat, attendance at an employment conference, or attendance at an educational conference on the legislative or judicial process offered by a nonprofit organization, when the pupils absence is requested in writing by the parent or guardian and approved by the principal or a designated representative pursuant to uniform standards established by the governing board of the school district.
(8)For purposes of serving as a member of a precinct board for an election pursuant to Section 12302 of the Elections Code.
(9)For purposes of spending time with a member of the pupils immediate family who is an active duty member of the uniformed services, as defined in Section 49701, and has been called to duty for, is on leave from, or has immediately returned from, deployment. Absences granted pursuant to this paragraph shall be granted for a period of time to be determined at the discretion of the superintendent of the school district.
(10)For purposes of attending the pupils naturalization ceremony to become a United States citizen.
(11)For purposes of participating in a cultural ceremony or event.
(12)(A)For purposes of a middle school or high school pupil engaging in a civic or political event, as provided in subparagraph (B), provided that the pupil notifies the school ahead of the absence.
(B)(i)A middle school or high school pupil who is absent pursuant to subparagraph (A) is required to be excused for only one schoolday-long absence per school year.
(ii)A middle school or high school pupil who is absent pursuant to subparagraph (A) may be permitted additional excused absences in the discretion of a school administrator, as described in subdivision (c) of Section 48260.
(13)(A)For any of the purposes described in clauses (i) to (iii), inclusive, if an immediate family member of the pupil, or a person that is determined by the pupils parent or guardian to be in such close association with the pupil as to be considered the pupils immediate family, has died, so long as the absence is not more than three days per incident.
(i)To access services from a victim services organization or agency.
(ii)To access grief support services.
(iii)To participate in safety planning or to take other actions to increase the safety of the pupil or an immediate family member of the pupil, or a person that is determined by the pupils parent or guardian to be in such close association with the pupil as to be considered the pupils immediate family, including, but not limited to, temporary or permanent relocation.
(B)Any absences beyond three days for the reasons described in subparagraph (A) shall be subject to the discretion of the school administrator, or their designee, pursuant to Section 48260.
(14)Due to the pupils participation in military entrance processing.
(15)Authorized at the discretion of a school administrator, as described in subdivision (c) of Section 48260.
(b)A pupil absent from school pursuant to this section shall be allowed to complete all assignments and tests missed during the absence that can be reasonably provided and, upon satisfactory completion within a reasonable period of time, shall be given full credit for those assignments and tests. The teacher of the class from which a pupil is absent shall determine which tests and assignments shall be reasonably equivalent to, but not necessarily identical to, the tests and assignments that the pupil missed during the absence.
(c)For purposes of this section, attendance at religious retreats shall not exceed one schoolday per semester.
(d)Absences pursuant to this section are deemed to be absences in computing average daily attendance and shall not generate state apportionment payments.
(e)For purposes of this section, the following definitions apply:
(1)A civic or political event includes, but is not limited to, voting, poll working, strikes, public commenting, candidate speeches, political or civic forums, and town halls.
(2)Cultural means relating to the practices, habits, beliefs, and traditions of a certain group of people.
(3)Immediate family means the parent or guardian, brother or sister, grandparent, or any other relative living in the household of the pupil.
(4)Victim services organization or agency has the same meaning as defined in paragraph (7) of subdivision (g) of Section 230.1 of the Labor Code.
SEC. 1.2.Section 48205 of the Education Code is amended to read:48205.(a)Notwithstanding Section 48200, a pupil shall be excused from school when the absence is:
(1)Due to the pupils illness, including an absence for the benefit of the pupils mental or behavioral health.
(2)Due to quarantine under the direction of a county or city health officer.
(3)For purposes of having medical, dental, optometrical, or chiropractic services rendered.
(4)For purposes of attending the funeral services or grieving the death of either a member of the pupils immediate family, or of a person that is determined by the pupils parent or guardian to be in such close association with the pupil as to be considered the pupils immediate family, so long as the absence is not more than five days per incident.
(5)For purposes of jury duty in the manner provided for by law.
(6)Due to the illness or medical appointment during school hours of a child of whom the pupil is the custodial parent, including absences to care for a sick child, for which the school shall not require a note from a doctor.
(7)For justifiable personal reasons, including, but not limited to, an attendance or appearance in court, attendance at a funeral service, observance of a holiday or ceremony of the pupils religion, attendance at a religious retreat, attendance at an employment conference, or attendance at an educational conference on the legislative or judicial process offered by a nonprofit organization, when the pupils absence is requested in writing by the parent or guardian and approved by the principal or a designated representative pursuant to uniform standards established by the governing board of the school district.
(8)For purposes of serving as a member of a precinct board for an election pursuant to Section 12302 of the Elections Code.
(9)For purposes of spending time with a member of the pupils immediate family who is an active duty member of the uniformed services, as defined in Section 49701, and has been called to duty for, is on leave from, or has immediately returned from, deployment to a combat zone or combat support position. Absences granted pursuant to this paragraph shall be granted for a period of time to be determined at the discretion of the superintendent of the school district.
(10)For purposes of attending the pupils naturalization ceremony to become a United States citizen.
(11)For purposes of participating in a cultural ceremony or event.
(12)(A)For purposes of a middle school or high school pupil engaging in a civic or political event, as provided in subparagraph (B), provided that the pupil notifies the school ahead of the absence.
(B)(i)A middle school or high school pupil who is absent pursuant to subparagraph (A) is required to be excused for only one schoolday-long absence per school year.
(ii)A middle school or high school pupil who is absent pursuant to subparagraph (A) may be permitted additional excused absences in the discretion of a school administrator, as described in subdivision (c) of Section 48260.
(13)(A)For any of the purposes described in clauses (i) to (iii), inclusive, if an immediate family member of the pupil, or a person that is determined by the pupils parent or guardian to be in such close association with the pupil as to be considered the pupils immediate family, has died, so long as the absence is not more than three days per incident.
(i)To access services from a victim services organization or agency.
(ii)To access grief support services.
(iii)To participate in safety planning or to take other actions to increase the safety of the pupil or an immediate family member of the pupil, or a person that is determined by the pupils parent or guardian to be in such close association with the pupil as to be considered the pupils immediate family, including, but not limited to, temporary or permanent relocation.
(B)Any absences beyond three days for the reasons described in subparagraph (A) shall be subject to the discretion of the school administrator, or their designee, pursuant to Section 48260.
(14)Due to the pupils participation in military entrance processing.
(15)Authorized at the discretion of a school administrator, as described in subdivision (c) of Section 48260.
(b)A pupil absent from school pursuant to this section shall be allowed to complete all assignments and tests missed during the absence that can be reasonably provided and, upon satisfactory completion within a reasonable period of time, shall be given full credit for those assignments and tests. The teacher of the class from which a pupil is absent shall determine which tests and assignments shall be reasonably equivalent to, but not necessarily identical to, the tests and assignments that the pupil missed during the absence.
(c)For purposes of this section, attendance at religious retreats shall not exceed one schoolday per semester.
(d)Absences pursuant to this section are deemed to be absences in computing average daily attendance and shall not generate state apportionment payments.
(e)For purposes of this section, the following definitions apply:
(1)A civic or political event includes, but is not limited to, voting, poll working, strikes, public commenting, candidate speeches, political or civic forums, and town halls.
(2)Cultural means relating to the practices, habits, beliefs, and traditions of a certain group of people.
(3)Immediate family means the parent or guardian, brother or sister, grandparent, or any other relative living in the household of the pupil.
(4)Victim services organization or agency has the same meaning as defined in subdivision (j) of Section 12945.8 of the Government Code.
SEC. 1.3.Section 48205 of the Education Code is amended to read:48205.(a)Notwithstanding Section 48200, a pupil shall be excused from school when the absence is:
(1)Due to the pupils illness, including an absence for the benefit of the pupils mental or behavioral health.
(2)Due to quarantine under the direction of a county or city health officer.
(3)For purposes of having medical, dental, optometrical, or chiropractic services rendered.
(4)For purposes of attending the funeral services or grieving the death of either a member of the pupils immediate family, or of a person that is determined by the pupils parent or guardian to be in such close association with the pupil as to be considered the pupils immediate family, so long as the absence is not more than five days per incident.
(5)For purposes of jury duty in the manner provided for by law.
(6)Due to the illness or medical appointment during school hours of a child of whom the pupil is the custodial parent, including absences to care for a sick child, for which the school shall not require a note from a doctor.
(7)For justifiable personal reasons, including, but not limited to, an attendance or appearance in court, attendance at a funeral service, observance of a holiday or ceremony of the pupils religion, attendance at a religious retreat, attendance at an employment conference, or attendance at an educational conference on the legislative or judicial process offered by a nonprofit organization, when the pupils absence is requested in writing by the parent or guardian and approved by the principal or a designated representative pursuant to uniform standards established by the governing board of the school district.
(8)For purposes of serving as a member of a precinct board for an election pursuant to Section 12302 of the Elections Code.
(9)For purposes of spending time with a member of the pupils immediate family who is an active duty member of the uniformed services, as defined in Section 49701, and has been called to duty for, is on leave from, or has immediately returned from, deployment. Absences granted pursuant to this paragraph shall be granted for a period of time to be determined at the discretion of the superintendent of the school district.
(10)For purposes of attending the pupils naturalization ceremony to become a United States citizen.
(11)For purposes of participating in a cultural ceremony or event.
(12)(A)For purposes of a middle school or high school pupil engaging in a civic or political event, as provided in subparagraph (B), provided that the pupil notifies the school ahead of the absence.
(B)(i)A middle school or high school pupil who is absent pursuant to subparagraph (A) is required to be excused for only one schoolday-long absence per school year.
(ii)A middle school or high school pupil who is absent pursuant to subparagraph (A) may be permitted additional excused absences in the discretion of a school administrator, as described in subdivision (c) of Section 48260.
(13)(A)For any of the purposes described in clauses (i) to (iii), inclusive, if an immediate family member of the pupil, or a person that is determined by the pupils parent or guardian to be in such close association with the pupil as to be considered the pupils immediate family, has died, so long as the absence is not more than three days per incident.
(i)To access services from a victim services organization or agency.
(ii)To access grief support services.
(iii)To participate in safety planning or to take other actions to increase the safety of the pupil or an immediate family member of the pupil, or a person that is determined by the pupils parent or guardian to be in such close association with the pupil as to be considered the pupils immediate family, including, but not limited to, temporary or permanent relocation.
(B)Any absences beyond three days for the reasons described in subparagraph (A) shall be subject to the discretion of the school administrator, or their designee, pursuant to Section 48260.
(14)Due to the pupils participation in military entrance processing.
(15)Authorized at the discretion of a school administrator, as described in subdivision (c) of Section 48260.
(b)A pupil absent from school pursuant to this section shall be allowed to complete all assignments and tests missed during the absence that can be reasonably provided and, upon satisfactory completion within a reasonable period of time, shall be given full credit for those assignments and tests. The teacher of the class from which a pupil is absent shall determine which tests and assignments shall be reasonably equivalent to, but not necessarily identical to, the tests and assignments that the pupil missed during the absence.
(c)For purposes of this section, attendance at religious retreats shall not exceed one schoolday per semester.
(d)Absences pursuant to this section are deemed to be absences in computing average daily attendance and shall not generate state apportionment payments.
(e)For purposes of this section, the following definitions apply:
(1)A civic or political event includes, but is not limited to, voting, poll working, strikes, public commenting, candidate speeches, political or civic forums, and town halls.
(2)Cultural means relating to the practices, habits, beliefs, and traditions of a certain group of people.
(3)Immediate family means the parent or guardian, brother or sister, grandparent, or any other relative living in the household of the pupil.
(4)Victim services organization or agency has the same meaning as defined in subdivision (j) of Section 12945.8 of the Government Code.
SEC. 2.(a)Section 1.1 of this bill incorporates amendments to Section 48205 of the Education Code proposed by both this bill and Assembly Bill 1884. That section of this bill shall only become operative if (1) both bills are enacted and become effective on or before January 1, 2025, (2) each bill amends Section 48205 of the Education Code, (3) Assembly Bill 2499 is not enacted or as enacted does not amend that section, and (4) this bill is enacted after Assembly Bill 1884, in which case Sections 1, 1.2, and 1.3 of this bill shall not become operative.
(b)Section 1.2 of this bill incorporates amendments to Section 48205 of the Education Code proposed by both this bill and Assembly Bill 2499. That section of this bill shall only become operative if (1) both bills are enacted and become effective on or before January 1, 2025, (2) each bill amends Section 48205 of the Education Code, (3) Assembly Bill 1884 is not enacted or as enacted does not amend that section, and (4) this bill is enacted after Assembly Bill 2499 in which case Sections 1, 1.1, and 1.3 of this bill shall not become operative.
(c)Section 1.3 of this bill incorporates amendments to Section 48205 of the Education Code proposed by this bill, Assembly Bill 1884, and Assembly Bill 2499. That section of this bill shall only become operative if (1) all three bills are enacted and become effective on or before January 1, 2025, (2) all three bills amend Section 48205 of the Education Code, and (3) this bill is enacted after Assembly Bill 1884 and Assembly Bill 2499, in which case Sections 1, 1.1, and 1.2 of this bill shall not become operative.
SEC. 3.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.
(a)Notwithstanding Section 48200, a pupil shall be excused from school when the absence is:
(1)Due to the pupils illness, including an absence for the benefit of the pupils mental or behavioral health.
(2)Due to quarantine under the direction of a county or city health officer.
(3)For purposes of having medical, dental, optometrical, or chiropractic services rendered.
(4)For purposes of attending the funeral services or grieving the death of either a member of the pupils immediate family, or of a person that is determined by the pupils parent or guardian to be in such close association with the pupil as to be considered the pupils immediate family, so long as the absence is not more than five days per incident.
(5)For purposes of jury duty in the manner provided for by law.
(6)Due to the illness or medical appointment during school hours of a child of whom the pupil is the custodial parent, including absences to care for a sick child, for which the school shall not require a note from a doctor.
(7)For justifiable personal reasons, including, but not limited to, an attendance or appearance in court, attendance at a funeral service, observance of a holiday or ceremony of the pupils religion, attendance at a religious retreat, attendance at an employment conference, or attendance at an educational conference on the legislative or judicial process offered by a nonprofit organization, when the pupils absence is requested in writing by the parent or guardian and approved by the principal or a designated representative pursuant to uniform standards established by the governing board of the school district.
(8)For purposes of serving as a member of a precinct board for an election pursuant to Section 12302 of the Elections Code.
(9)For purposes of spending time with a member of the pupils immediate family who is an active duty member of the uniformed services, as defined in Section 49701, and has been called to duty for, is on leave from, or has immediately returned from, deployment to a combat zone or combat support position. Absences granted pursuant to this paragraph shall be granted for a period of time to be determined at the discretion of the superintendent of the school district.
(10)For purposes of attending the pupils naturalization ceremony to become a United States citizen.
(11)For purposes of participating in a cultural ceremony or event.
(12)(A)For purposes of a middle school or high school pupil engaging in a civic or political event, as provided in subparagraph (B), provided that the pupil notifies the school ahead of the absence.
(B)(i)A middle school or high school pupil who is absent pursuant to subparagraph (A) is required to be excused for only one schoolday-long absence per school year.
(ii)A middle school or high school pupil who is absent pursuant to subparagraph (A) may be permitted additional excused absences in the discretion of a school administrator, as described in subdivision (c) of Section 48260.
(13)(A)For any of the purposes described in clauses (i) to (iii), inclusive, if an immediate family member of the pupil, or a person that is determined by the pupils parent or guardian to be in such close association with the pupil as to be considered the pupils immediate family, has died, so long as the absence is not more than three days per incident.
(i)To access services from a victim services organization or agency.
(ii)To access grief support services.
(iii)To participate in safety planning or to take other actions to increase the safety of the pupil or an immediate family member of the pupil, or a person that is determined by the pupils parent or guardian to be in such close association with the pupil as to be considered the pupils immediate family, including, but not limited to, temporary or permanent relocation.
(B)Any absences beyond three days for the reasons described in subparagraph (A) shall be subject to the discretion of the school administrator, or their designee, pursuant to Section 48260.
(14)Due to the pupils participation in military entrance processing.
(15)Authorized at the discretion of a school administrator, as described in subdivision (c) of Section 48260.
(b)A pupil absent from school pursuant to this section shall be allowed to complete all assignments and tests missed during the absence that can be reasonably provided and, upon satisfactory completion within a reasonable period of time, shall be given full credit for those assignments and tests. The teacher of the class from which a pupil is absent shall determine which tests and assignments shall be reasonably equivalent to, but not necessarily identical to, the tests and assignments that the pupil missed during the absence.
(c)For purposes of this section, attendance at religious retreats shall not exceed one schoolday per semester.
(d)Absences pursuant to this section are deemed to be absences in computing average daily attendance and shall not generate state apportionment payments.
(e)For purposes of this section, the following definitions apply:
(1)A civic or political event includes, but is not limited to, voting, poll working, strikes, public commenting, candidate speeches, political or civic forums, and town halls.
(2)Cultural means relating to the practices, habits, beliefs, and traditions of a certain group of people.
(3)Immediate family means the parent or guardian, brother or sister, grandparent, or any other relative living in the household of the pupil.
(4)Victim services organization or agency has the same meaning as defined in paragraph (7) of subdivision (g) of Section 230.1 of the Labor Code.
SEC. 1.1.Section 48205 of the Education Code is amended to read:48205.(a)Notwithstanding Section 48200, a pupil shall be excused from school when the absence is:
(1)Due to the pupils illness, including an absence for the benefit of the pupils mental or behavioral health.
(2)Due to quarantine under the direction of a county or city health officer.
(3)For the purpose purposes of having medical, dental, optometrical, or chiropractic services rendered.
(4)For the purpose purposes of attending the funeral services or grieving the death of either a member of the pupils immediate family, or of a person that is determined by the pupils parent or guardian to be in such close association with the pupil as to be considered the pupils immediate family, so long as the absence is not more than five days per incident.
(5)For the purpose purposes of jury duty in the manner provided for by law.
(6)Due to the illness or medical appointment during school hours of a child of whom the pupil is the custodial parent, including absences to care for a sick child, for which the school shall not require a note from a doctor.
(7)For justifiable personal reasons, including, but not limited to, an attendance or appearance in court, attendance at a funeral service, observance of a holiday or ceremony of the pupils religion, attendance at a religious retreat, attendance at an employment conference, or attendance at an educational conference on the legislative or judicial process offered by a nonprofit organization, when the pupils absence is requested in writing by the parent or guardian and approved by the principal or a designated representative pursuant to uniform standards established by the governing board of the school district.
(8)For the purpose purposes of serving as a member of a precinct board for an election pursuant to Section 12302 of the Elections Code.
(9)For the purpose purposes of spending time with a member of the pupils immediate family who is an active duty member of the uniformed services, as defined in Section 49701, and has been called to duty for, is on leave from, or has immediately returned from, deployment to a combat zone or combat support position. deployment. Absences granted pursuant to this paragraph shall be granted for a period of time to be determined at the discretion of the superintendent of the school district.
(10)For the purpose purposes of attending the pupils naturalization ceremony to become a United States citizen.
(11)For the purpose purposes of participating in a cultural ceremony or event.
(12)(A)For the purpose purposes of a middle school or high school pupil engaging in a civic or political event, as provided in subparagraph (B), provided that the pupil notifies the school ahead of the absence.
(B)(i)A middle school or high school pupil who is absent pursuant to subparagraph (A) is required to be excused for only one schoolday-long absence per school year.
(ii)A middle school or high school pupil who is absent pursuant to subparagraph (A) may be permitted additional excused absences in the discretion of a school administrator, as described in subdivision (c) of Section 48260.
(13)(A)For any of the purposes described in clauses (i) to (iii), inclusive, if an immediate family member of the pupil, or a person that is determined by the pupils parent or guardian to be in such close association with the pupil as to be considered the pupils immediate family, has died, so long as the absence is not more than three days per incident.
(i)To access services from a victim services organization or agency.
(ii)To access grief support services.
(iii)To participate in safety planning or to take other actions to increase the safety of the pupil or an immediate family member of the pupil, or a person that is determined by the pupils parent or guardian to be in such close association with the pupil as to be considered the pupils immediate family, including, but not limited to, temporary or permanent relocation.
(B)Any absences beyond three days for the reasons described in subparagraph (A) shall be subject to the discretion of the school administrator, or their designee, pursuant to Section 48260.
(14)Due to the pupils participation in military entrance processing.
(14)(15)Authorized at the discretion of a school administrator, as described in subdivision (c) of Section 48260.
(b)A pupil absent from school under pursuant to this section shall be allowed to complete all assignments and tests missed during the absence that can be reasonably provided and, upon satisfactory completion within a reasonable period of time, shall be given full credit therefor. for those assignments and tests. The teacher of the class from which a pupil is absent shall determine which tests and assignments shall be reasonably equivalent to, but not necessarily identical to, the tests and assignments that the pupil missed during the absence.
(c)For purposes of this section, attendance at religious retreats shall not exceed one schoolday per semester.
(d)Absences pursuant to this section are deemed to be absences in computing average daily attendance and shall not generate state apportionment payments.
(e)For purposes of this section, the following definitions apply:
(1)A civic or political event includes, but is not limited to, voting, poll working, strikes, public commenting, candidate speeches, political or civic forums, and town halls.
(2)Cultural means relating to the practices, habits, beliefs, and traditions of a certain group of people.
(3)Immediate family means the parent or guardian, brother or sister, grandparent, or any other relative living in the household of the pupil.
(4)Victim services organization or agency has the same meaning as defined in paragraph (7) of subdivision (g) of Section 230.1 of the Labor Code.
SEC. 1.2.Section 48205 of the Education Code is amended to read:48205.(a)Notwithstanding Section 48200, a pupil shall be excused from school when the absence is:
(1)Due to the pupils illness, including an absence for the benefit of the pupils mental or behavioral health.
(2)Due to quarantine under the direction of a county or city health officer.
(3)For the purpose purposes of having medical, dental, optometrical, or chiropractic services rendered.
(4)For the purpose purposes of attending the funeral services or grieving the death of either a member of the pupils immediate family, or of a person that is determined by the pupils parent or guardian to be in such close association with the pupil as to be considered the pupils immediate family, so long as the absence is not more than five days per incident.
(5)For the purpose purposes of jury duty in the manner provided for by law.
(6)Due to the illness or medical appointment during school hours of a child of whom the pupil is the custodial parent, including absences to care for a sick child, for which the school shall not require a note from a doctor.
(7)For justifiable personal reasons, including, but not limited to, an attendance or appearance in court, attendance at a funeral service, observance of a holiday or ceremony of the pupils religion, attendance at a religious retreat, attendance at an employment conference, or attendance at an educational conference on the legislative or judicial process offered by a nonprofit organization, when the pupils absence is requested in writing by the parent or guardian and approved by the principal or a designated representative pursuant to uniform standards established by the governing board of the school district.
(8)For the purpose purposes of serving as a member of a precinct board for an election pursuant to Section 12302 of the Elections Code.
(9)For the purpose purposes of spending time with a member of the pupils immediate family who is an active duty member of the uniformed services, as defined in Section 49701, and has been called to duty for, is on leave from, or has immediately returned from, deployment to a combat zone or combat support position. Absences granted pursuant to this paragraph shall be granted for a period of time to be determined at the discretion of the superintendent of the school district.
(10)For the purpose purposes of attending the pupils naturalization ceremony to become a United States citizen.
(11)For the purpose purposes of participating in a cultural ceremony or event.
(12)(A)For the purpose purposes of a middle school or high school pupil engaging in a civic or political event, as provided in subparagraph (B), provided that the pupil notifies the school ahead of the absence.
(B)(i)A middle school or high school pupil who is absent pursuant to subparagraph (A) is required to be excused for only one schoolday-long absence per school year.
(ii)A middle school or high school pupil who is absent pursuant to subparagraph (A) may be permitted additional excused absences in the discretion of a school administrator, as described in subdivision (c) of Section 48260.
(13)(A)For any of the purposes described in clauses (i) to (iii), inclusive, if an immediate family member of the pupil, or a person that is determined by the pupils parent or guardian to be in such close association with the pupil as to be considered the pupils immediate family, has died, so long as the absence is not more than three days per incident.
(i)To access services from a victim services organization or agency.
(ii)To access grief support services.
(iii)To participate in safety planning or to take other actions to increase the safety of the pupil or an immediate family member of the pupil, or a person that is determined by the pupils parent or guardian to be in such close association with the pupil as to be considered the pupils immediate family, including, but not limited to, temporary or permanent relocation.
(B)Any absences beyond three days for the reasons described in subparagraph (A) shall be subject to the discretion of the school administrator, or their designee, pursuant to Section 48260.
(14)Due to the pupils participation in military entrance processing.
(14)(15)Authorized at the discretion of a school administrator, as described in subdivision (c) of Section 48260.
(b)A pupil absent from school under pursuant to this section shall be allowed to complete all assignments and tests missed during the absence that can be reasonably provided and, upon satisfactory completion within a reasonable period of time, shall be given full credit therefor. for those assignments and tests. The teacher of the class from which a pupil is absent shall determine which tests and assignments shall be reasonably equivalent to, but not necessarily identical to, the tests and assignments that the pupil missed during the absence.
(c)For purposes of this section, attendance at religious retreats shall not exceed one schoolday per semester.
(d)Absences pursuant to this section are deemed to be absences in computing average daily attendance and shall not generate state apportionment payments.
(e)For purposes of this section, the following definitions apply:
(1)A civic or political event includes, but is not limited to, voting, poll working, strikes, public commenting, candidate speeches, political or civic forums, and town halls.
(2)Cultural means relating to the practices, habits, beliefs, and traditions of a certain group of people.
(3)Immediate family means the parent or guardian, brother or sister, grandparent, or any other relative living in the household of the pupil.
(4)Victim services organization or agency has the same meaning as defined in paragraph (7) of subdivision (g) of Section 230.1 of the Labor subdivision (j) of Section 12945.8 of the Government Code.
SEC. 1.3.Section 48205 of the Education Code is amended to read:48205.(a)Notwithstanding Section 48200, a pupil shall be excused from school when the absence is:
(1)Due to the pupils illness, including an absence for the benefit of the pupils mental or behavioral health.
(2)Due to quarantine under the direction of a county or city health officer.
(3)For the purpose purposes of having medical, dental, optometrical, or chiropractic services rendered.
(4)For the purpose purposes of attending the funeral services or grieving the death of either a member of the pupils immediate family, or of a person that is determined by the pupils parent or guardian to be in such close association with the pupil as to be considered the pupils immediate family, so long as the absence is not more than five days per incident.
(5)For the purpose purposes of jury duty in the manner provided for by law.
(6)Due to the illness or medical appointment during school hours of a child of whom the pupil is the custodial parent, including absences to care for a sick child, for which the school shall not require a note from a doctor.
(7)For justifiable personal reasons, including, but not limited to, an attendance or appearance in court, attendance at a funeral service, observance of a holiday or ceremony of the pupils religion, attendance at a religious retreat, attendance at an employment conference, or attendance at an educational conference on the legislative or judicial process offered by a nonprofit organization, when the pupils absence is requested in writing by the parent or guardian and approved by the principal or a designated representative pursuant to uniform standards established by the governing board of the school district.
(8)For the purpose purposes of serving as a member of a precinct board for an election pursuant to Section 12302 of the Elections Code.
(9)For the purpose purposes of spending time with a member of the pupils immediate family who is an active duty member of the uniformed services, as defined in Section 49701, and has been called to duty for, is on leave from, or has immediately returned from, deployment to a combat zone or combat support position. deployment. Absences granted pursuant to this paragraph shall be granted for a period of time to be determined at the discretion of the superintendent of the school district.
(10)For the purpose purposes of attending the pupils naturalization ceremony to become a United States citizen.
(11)For the purpose purposes of participating in a cultural ceremony or event.
(12)(A)For the purpose purposes of a middle school or high school pupil engaging in a civic or political event, as provided in subparagraph (B), provided that the pupil notifies the school ahead of the absence.
(B)(i)A middle school or high school pupil who is absent pursuant to subparagraph (A) is required to be excused for only one schoolday-long absence per school year.
(ii)A middle school or high school pupil who is absent pursuant to subparagraph (A) may be permitted additional excused absences in the discretion of a school administrator, as described in subdivision (c) of Section 48260.
(13)(A)For any of the purposes described in clauses (i) to (iii), inclusive, if an immediate family member of the pupil, or a person that is determined by the pupils parent or guardian to be in such close association with the pupil as to be considered the pupils immediate family, has died, so long as the absence is not more than three days per incident.
(i)To access services from a victim services organization or agency.
(ii)To access grief support services.
(iii)To participate in safety planning or to take other actions to increase the safety of the pupil or an immediate family member of the pupil, or a person that is determined by the pupils parent or guardian to be in such close association with the pupil as to be considered the pupils immediate family, including, but not limited to, temporary or permanent relocation.
(B)Any absences beyond three days for the reasons described in subparagraph (A) shall be subject to the discretion of the school administrator, or their designee, pursuant to Section 48260.
(14)Due to the pupils participation in military entrance processing.
(14)(15)Authorized at the discretion of a school administrator, as described in subdivision (c) of Section 48260.
(b)A pupil absent from school under pursuant to this section shall be allowed to complete all assignments and tests missed during the absence that can be reasonably provided and, upon satisfactory completion within a reasonable period of time, shall be given full credit therefor. for those assignments and tests. The teacher of the class from which a pupil is absent shall determine which tests and assignments shall be reasonably equivalent to, but not necessarily identical to, the tests and assignments that the pupil missed during the absence.
(c)For purposes of this section, attendance at religious retreats shall not exceed one schoolday per semester.
(d)Absences pursuant to this section are deemed to be absences in computing average daily attendance and shall not generate state apportionment payments.
(e)For purposes of this section, the following definitions apply:
(1)A civic or political event includes, but is not limited to, voting, poll working, strikes, public commenting, candidate speeches, political or civic forums, and town halls.
(2)Cultural means relating to the practices, habits, beliefs, and traditions of a certain group of people.
(3)Immediate family means the parent or guardian, brother or sister, grandparent, or any other relative living in the household of the pupil.
(4)Victim services organization or agency has the same meaning as defined in paragraph (7) of subdivision (g) of Section 230.1 of the Labor subdivision (j) of Section 12945.8 of the Government Code.
SEC. 2.(a)Section 1.1 of this bill incorporates amendments to Section 48205 of the Education Code proposed by both this bill and Assembly Bill 1884. That section of this bill shall only become operative if (1) both bills are enacted and become effective on or before January 1, 2025, (2) each bill amends Section 48205 of the Education Code, (3) Assembly Bill 2499 is not enacted or as enacted does not amend that section, and (4) this bill is enacted after Assembly Bill 1884, in which case Sections 1, 1.2, and 1.3 of this bill shall not become operative.
(b)Section 1.2 of this bill incorporates amendments to Section 48205 of the Education Code proposed by both this bill and Assembly Bill 2499. That section of this bill shall only become operative if (1) both bills are enacted and become effective on or before January 1, 2025, (2) each bill amends Section 48205 of the Education Code, (3) Assembly Bill 1884 is not enacted or as enacted does not amend that section, and (4) this bill is enacted after Assembly Bill 2499 in which case Sections 1, 1.1, and 1.3 of this bill shall not become operative.
(c)Section 1.3 of this bill incorporates amendments to Section 48205 of the Education Code proposed by this bill, Assembly Bill 1884, and Assembly Bill 2499. That section of this bill shall only become operative if (1) all three bills are enacted and become effective on or before January 1, 2025, (2) all three bills amend Section 48205 of the Education Code, and (3) this bill is enacted after Assembly Bill 1884 and Assembly Bill 2499, in which case Sections 1, 1.1, and 1.2 of this bill shall not become operative.
SEC. 2.SEC. 3.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.
(a)Notwithstanding Section 48200, a pupil shall be excused from school when the absence is:
(1)Due to the pupils illness, including an absence for the benefit of the pupils mental or behavioral health.
(2)Due to quarantine under the direction of a county or city health officer.
(3)For the purpose purposes of having medical, dental, optometrical, or chiropractic services rendered.
(4)For the purpose purposes of attending the funeral services or grieving the death of either a member of the pupils immediate family, or of a person that is determined by the pupils parent or guardian to be in such close association with the pupil as to be considered the pupils immediate family, so long as the absence is not more than five days per incident.
(5)For the purpose purposes of jury duty in the manner provided for by law.
(6)Due to the illness or medical appointment during school hours of a child of whom the pupil is the custodial parent, including absences to care for a sick child, for which the school shall not require a note from a doctor.
(7)For justifiable personal reasons, including, but not limited to, an attendance or appearance in court, attendance at a funeral service, observance of a holiday or ceremony of the pupils religion, attendance at a religious retreat, attendance at an employment conference, or attendance at an educational conference on the legislative or judicial process offered by a nonprofit organization, when the pupils absence is requested in writing by the parent or guardian and approved by the principal or a designated representative pursuant to uniform standards established by the governing board of the school district.
(8)For the purpose purposes of serving as a member of a precinct board for an election pursuant to Section 12302 of the Elections Code.
(9)For the purpose purposes of spending time with a member of the pupils immediate family who is an active duty member of the uniformed services, as defined in Section 49701, and has been called to duty for, is on leave from, or has immediately returned from, deployment to a combat zone or combat support position. Absences granted pursuant to this paragraph shall be granted for a period of time to be determined at the discretion of the superintendent of the school district.
(10)For the purpose purposes of attending the pupils naturalization ceremony to become a United States citizen.
(11)For the purpose purposes of participating in a cultural ceremony or event.
(12)(A)For the purpose purposes of a middle school or high school pupil engaging in a civic or political event, as provided in subparagraph (B), provided that the pupil notifies the school ahead of the absence.
(B)(i)A middle school or high school pupil who is absent pursuant to subparagraph (A) is required to be excused for only one schoolday-long absence per school year.
(ii)A middle school or high school pupil who is absent pursuant to subparagraph (A) may be permitted additional excused absences in the discretion of a school administrator, as described in subdivision (c) of Section 48260.
(13)(A)For any of the purposes described in clauses (i) to (iii), inclusive, if an immediate family member of the pupil, or a person that is determined by the pupils parent or guardian to be in such close association with the pupil as to be considered the pupils immediate family, has died, so long as the absence is not more than three days per incident.
(i)To access services from a victim services organization or agency.
(ii)To access grief support services.
(iii)To participate in safety planning or to take other actions to increase the safety of the pupil or an immediate family member of the pupil, or a person that is determined by the pupils parent or guardian to be in such close association with the pupil as to be considered the pupils immediate family, including, but not limited to, temporary or permanent relocation.
(B)Any absences beyond three days for the reasons described in subparagraph (A) shall be subject to the discretion of the school administrator, or their designee, pursuant to Section 48260.
(14)Due to the pupils participation in military entrance processing.
(14)(15)Authorized at the discretion of a school administrator, as described in subdivision (c) of Section 48260.
(b)A pupil absent from school under pursuant to this section shall be allowed to complete all assignments and tests missed during the absence that can be reasonably provided and, upon satisfactory completion within a reasonable period of time, shall be given full credit therefor. for those assignments and tests. The teacher of the class from which a pupil is absent shall determine which tests and assignments shall be reasonably equivalent to, but not necessarily identical to, the tests and assignments that the pupil missed during the absence.
(c)For purposes of this section, attendance at religious retreats shall not exceed one schoolday per semester.
(d)Absences pursuant to this section are deemed to be absences in computing average daily attendance and shall not generate state apportionment payments.
(e)For purposes of this section, the following definitions apply:
(1)A civic or political event includes, but is not limited to, voting, poll working, strikes, public commenting, candidate speeches, political or civic forums, and town halls.
(2)Cultural means relating to the practices, habits, beliefs, and traditions of a certain group of people.
(3)Immediate family means the parent or guardian, brother or sister, grandparent, or any other relative living in the household of the pupil.
(4)Victim services organization or agency has the same meaning as defined in paragraph (7) of subdivision (g) of Section 230.1 of the Labor Code.
SEC. 2.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.
SECTION 1.It is the intent of the Legislature to enact future legislation relating to pupil transportation.It is the intent of the Legislature to enact future legislation relating to pupil transportation.
|
Date
|
Status
|
|---|---|
| Sep 29, 2024 | Chaptered by Secretary of State. Chapter 925, Statutes of 2024. |
| Sep 29, 2024 | Approved by the Governor. |
| Sep 4, 2024 | Enrolled and presented to the Governor at 4 p.m. |
| Aug 28, 2024 | Assembly amendments concurred in. (Ayes 39. Noes 0. Page 5614.) Ordered to engrossing and enrolling. |
| Aug 27, 2024 | Ordered to special consent calendar. |
| Aug 26, 2024 | In Senate. Concurrence in Assembly amendments pending. |
| Aug 26, 2024 | Read third time. Passed. (Ayes 76. Noes 1. Page 6529.) Ordered to the Senate. |
| Aug 22, 2024 | Read third time and amended. |
| Aug 22, 2024 | Ordered to third reading. |
| Aug 19, 2024 | Read second time. Ordered to third reading. |
| Aug 15, 2024 | From committee: Do pass. (Ayes 14. Noes 0.) (August 15). |
| Aug 7, 2024 | August 7 set for first hearing. Placed on suspense file. |
| Jun 26, 2024 | From committee: Do pass and re-refer to Com. on APPR. (Ayes 9. Noes 0.) (June 25). Re-referred to Com. on APPR. |
| Jun 13, 2024 | From committee: Do pass and re-refer to Com. on M. & V.A. with recommendation: To consent calendar. (Ayes 7. Noes 0.) (June 12). Re-referred to Com. on M. & V.A. |
| Jun 3, 2024 | Referred to Coms. on ED. and M. & V.A. |
| May 24, 2024 | In Assembly. Read first time. Held at Desk. |
| May 23, 2024 | Read third time. Passed. (Ayes 37. Noes 0. Page 4180.) Ordered to the Assembly. |
| May 20, 2024 | Ordered to special consent calendar. |
| May 16, 2024 | Read second time. Ordered to third reading. |
| May 16, 2024 | From committee: Do pass. (Ayes 7. Noes 0. Page 3973.) (May 16). |
| May 10, 2024 | Set for hearing May 16. |
| May 6, 2024 | May 6 hearing: Placed on APPR suspense file. |
| Apr 26, 2024 | Set for hearing May 6. |
| Apr 23, 2024 | From committee: Do pass and re-refer to Com. on APPR with recommendation: To consent calendar. (Ayes 5. Noes 0. Page 3703.) (April 22). Re-referred to Com. on APPR. |
| Apr 12, 2024 | Set for hearing April 22. |
| Apr 10, 2024 | From committee: Do pass and re-refer to Com. on M. & V.A. with recommendation: To consent calendar. (Ayes 7. Noes 0. Page 3559.) (April 10). Re-referred to Com. on M. & V.A. |
| Apr 4, 2024 | Set for hearing April 10. |
| Apr 3, 2024 | Re-referred to Coms. on ED. and M. & V.A. |
| Mar 18, 2024 | From committee with author's amendments. Read second time and amended. Re-referred to Com. on RLS. |
| Feb 21, 2024 | Referred to Com. on RLS. |
| Feb 15, 2024 | From printer. May be acted upon on or after March 16. |
| Feb 14, 2024 | Introduced. Read first time. To Com. on RLS. for assignment. To print. |
|
Date
|
Description
|
Location
|
Votes
|
|
|---|---|---|---|---|
| Aug 28, 2024 | Special Consent SB1138 Newman | Senate Floor |
Passed |
|
| Aug 26, 2024 | SB 1138 Newman Senate Third Reading By Alvarez | Assembly Floor |
Passed |
|
| Aug 15, 2024 | Do pass. | Assembly Standing Committee on Appropriations |
Passed |
|
| Jun 25, 2024 | Do pass and be re-referred to the Committee on [Appropriations] | Assembly Standing Committee on Military and Veterans Affairs |
Passed |
|
| Jun 12, 2024 | Do pass and be re-referred to the Committee on [Military and Veterans Affairs] with recommendation: To Consent Calendar | Assembly Standing Committee on Education |
Passed |
|
| May 23, 2024 | Special Consent SB1138 Newman | Senate Floor |
Passed |
|
| May 16, 2024 | Do pass | Senate Standing Committee on Appropriations |
Passed |
|
| May 6, 2024 | Placed on suspense file | Senate Standing Committee on Appropriations |
Passed |
|
| Apr 22, 2024 | Do pass, but first be re-referred to the Committee on [Appropriations] with the recommendation: To Consent Calendar | Senate Standing Committee on Military and Veterans Affairs |
Passed |
|
| Apr 10, 2024 | Do pass, but first be re-referred to the Committee on [Military and Veterans Affairs] with the recommendation: To Consent Calendar | Senate Standing Committee on Education |
Passed |
This list shows positions taken on this bill by organizations on the date displayed, which is linked to the original source.
Positions by individuals are not included.
|
Organization
|
Position
|
Date
|
|---|---|---|
| Clovis Veterans Memorial District. | ** Support |
SENATE RULES COMMITTEE Office of Senate Floor Analyses (916) 651-1520 Fax: (916) 327-4478 | SB 1138 |
UNFINISHED BUSINESS
Bill No: SB 1138
Author: Newman (D)
Amended: 8/22/24
Vote: 21
SENATE EDUCATION COMMITTEE: 7-0, 4/10/24
AYES: Newman, Ochoa Bogh, Cortese, Glazer, Gonzalez, Smallwood-Cuevas, Wilk
SENATE MILITARY & VETERANS COMMITTEE: 5-0, 4/22/24
AYES: Archuleta, Grove, Alvarado-Gil, Menjivar, Umberg
SENATE APPROPRIATIONS COMMITTEE: 7-0, 5/16/24
AYES: Caballero, Jones, Ashby, Becker, Bradford, Seyarto, Wahab
SENATE FLOOR: 37-0, 5/23/24
AYES: Alvarado-Gil, Ashby, Atkins, Becker, Blakespear, Bradford, Caballero, Cortese, Dahle, Dodd, Durazo, Eggman, Glazer, Gonzalez, Grove, Hurtado, Jones, Laird, Limón, McGuire, Menjivar, Min, Nguyen, Niello, Ochoa Bogh, Padilla, Portantino, Roth, Rubio, Seyarto, Skinner, Smallwood-Cuevas, Stern, Umberg, Wahab, Wiener, Wilk
NO VOTE RECORDED: Allen, Archuleta, Newman
ASSEMBLY FLOOR: 76-1, 8/26/24 - See last page for vote
SUBJECT: Pupil attendance: excused absences: military entrance processing
SOURCE: Author
DIGEST:
This bill authorizes a student's excused absence due to participation in military entrance processing.
Assembly Amendments
- add double-jointing language to avoid chaptering out issues with AB 1884 (Ward) and AB 2499 (Schiavo) of the current legislative session.
ANALYSIS:
Existing law:
- Clarifies that excused absences are deemed to be absences in computing average daily attendance (ADA) and shall not generate state apportionment payments. (EC § 48205)
- Provides a list of reasons that constitute an excused absence, which include, among others, that the absence of a student is to be excused when the absence is due to any of the following:
- Due to the pupil’s illness, including an absence for the benefit of the pupil’s mental or behavioral health; quarantine under the direction of a county or city health officer; have a medical, dental, optometric, or chiropractic services during school hours.
- For the purpose of attending the funeral services of a member of the pupil’s immediate family or spending time with a member of the pupil’s immediate family who is an active duty member of the uniformed services.
- Jury duty or justifiable personal reasons, including, but not limited to, an appearance in court, attendance at a funeral service, observance of a holiday or ceremony of the pupil’s religion, attendance at a religious retreat, attendance at an employment conference, or attendance at an educational conference on the legislative or judicial process offered by a nonprofit organization.
- Attending a naturalization ceremony to become a United States citizen or participating in a cultural ceremony or event.
- A middle school or high school pupil engaging in a civic or political event provided that the pupil notify the school ahead of the absence. (EC § 48205)
- Provides that a valid excuse may include other reasons that are within the discretion of school administrators and based on the facts of the pupil’s circumstances. (EC § 48260)
- Clarifies each person between the ages of 6 and 18 years subject to compulsory full-time education and each person subject to compulsory continuation education must attend the public full-time day school or continuation school or classes and for the full-time designated as the length of the schoolday by the governing board of the school district where the parent or guardian is located. (EC § 48200)
This bill:
- Authorizes a student's excused absence due to participation in military entrance processing.
- Adds double-jointing language to avoid chaptering out issues with AB 1884 (Ward) and AB 2499 (Schiavo) of the current legislative session.
Comments
- Need for the bill. According to the author, “Providing for excused absences will afford California high school students the opportunity to participate in mandatory military entrance processing without potentially experiencing adverse consequences for having an unexcused absence on their records. Adding military entrance processing to the existing list of excused absences, which include attending career or employment conferences, is eminently fair and equitable. Students planning to pursue service in the United States military after completion of high school should not face undue administrative obstacles that might interfere with that very admirable path.”
- What is Military Entrance Processing (MEP)? The MEP is a process in which the military assesses applicants for their qualifications to enter a branch of the U.S. armed forces. The Department of Defense operates MEPS facilities with the help of military and civilian personnel who specialize in determining an applicant's physical, mental, and moral readiness to enter the military. Completing a MEP screening typically takes two full days of tests and screenings. The MEP process includes medical screening, aptitude tests, and enlistment in the appropriate military branch.
- Unexcused Absences Trigger Truancy Provisions. While excused and unexcused absences may be treated the same for funding purposes, they are not treated the same for attendance purposes. A student absent from school without a valid excuse on any day or tardy for more than 30 minutes, or any combination thereof, for three days in a school year is considered a truant. By adding to the list of excused absences from school that a pupil is excused from school for the MEP, this bill could reduce the number of unexcused absences and, therefore, reduce the number of truancies.
- Excused Absences Do Not Generate ADA. In California, school funding is primarily calculated using ADA. Each time a student is absent, that absence negatively impacts the local educational agency (LEA’s) ADA, ultimately reducing their overall funding. While each absence may be insignificant relative to overall funding levels, absences affect overall funding in the aggregate. Under current law, all absences, whether excused or unexcused, reduce overall ADA.
- Chronic Absenteeism. Chronic absenteeism is when students miss 10 percent or more of school for any reason. If not addressed, this can lead to difficulties learning to read by Grade 3, reaching grade-level standards in middle school, and graduating from high school. The COVID-19 pandemic has led to a significant increase in chronic absenteeism in California and across the country. Addressing this issue is crucial in helping students catch up academically. This analysis examines the trends in chronic absenteeism through the 2022-23 school year, using data from the California Department of Education. Although there has been a decrease in chronic absence rates, they are still alarmingly high.
Statewide Rates of Chronic Absence from 2017-18 to 2022-23 |
In a report released by PACE, Unpacking California’s Chronic Absence Crisis Through 2022–23: Seven Key Facts, chronic absence rates increased from 12 percent (702,531 students) in 2018–19 to a high of 30 percent (1,799,734) in 2021–22. In 2022–23, there was a decrease of 5 percentage points to a chronic absenteeism rate of 25 percent (1,486,302 students). Although this modest decrease is a hopeful sign, rates are still much higher than they were prior to the pandemic.
Schools that serve socioeconomically disadvantaged (SED) students tend to have higher rates of chronic absenteeism. Only 2 percent of the most affluent schools (those serving 0–24 percent SED students) experience extreme levels of chronic absence. In comparison, 60 percent of schools serving 75 percent or more SED students have extreme levels of chronic absence. Due to the challenges posed by the pandemic, SED students are significantly behind their non-SED peers in academic performance. Chronic absence is also high among particular student populations, although all have experienced modest decreases in the last year. Students who are involved in the foster care system, are experiencing homelessness, and have been identified as having a disability have extraordinarily high levels of chronic absenteeism. In addition, Native American, Black, and Pacific Islander students have exceptionally high rates of chronic absence. For these populations, chronic absenteeism both reflects and exacerbates inequities. These high rates can reflect challenges facing students and families in the community (e.g., lack of access to health care, unreliable transportation, housing, and food insecurity, etc.) and within the school (e.g., bullying, unwelcoming school climate, biased disciplinary or attendance practices, or lack of a meaningful and culturally relevant curriculum). Such difficulties can affect students’ learning ability and cause them to fall farther behind because they miss invaluable instruction.
The reasons behind chronic absenteeism are complex; hence addressing this issue requires a multifaceted approach. This approach should involve services that meet their basic needs, create a safe and welcoming school environment, and provide engaging and challenging learning opportunities. Furthermore, partnerships with community organizations and public agencies are crucial to tackle the barriers and challenges to school attendance that may be beyond the capacity of educators.
FISCAL EFFECT: Appropriation: No Fiscal Com.: Yes Local: Yes
According to the Assembly Appropriations Committee, “Potential Proposition 98 General Fund savings to the extent students who otherwise would have attended school do not attend school as a result of this measure. Savings at the state level would result from a redirection of funds from local educational agencies (LEAs) that would no longer generate state funding for students not attending school as a result of this measure. While each individual absence may be insignificant, in the aggregate, absences have an impact on overall funding provided to LEAs. The state has about 970,000 11th and 12th grade students with annual funding per-student of about $12,000, or about $67 per school day. If even .25% of these students took one day off from school as a result of this bill they would not otherwise have taken, costs would exceed $150,000 statewide to LEAs.”
SUPPORT: (Verified 8/27/24)
None received
OPPOSITION: (Verified 8/27/24)
None received
ASSEMBLY FLOOR: 76-1, 8/26/24
AYES: Addis, Aguiar-Curry, Alanis, Alvarez, Arambula, Bains, Bauer-Kahan, Bennett, Berman, Boerner, Bonta, Bryan, Calderon, Juan Carrillo, Wendy Carrillo, Chen, Connolly, Megan Dahle, Davies, Dixon, Essayli, Flora, Mike Fong, Friedman, Gabriel, Gallagher, Garcia, Gipson, Grayson, Haney, Hart, Holden, Hoover, Irwin, Jackson, Jones-Sawyer, Kalra, Lackey, Low, Lowenthal, Maienschein, Mathis, McCarty, McKinnor, Muratsuchi, Stephanie Nguyen, Pacheco, Papan, Jim Patterson, Joe Patterson, Pellerin, Petrie-Norris, Quirk-Silva, Ramos, Rendon, Reyes, Luz Rivas, Rodriguez, Blanca Rubio, Sanchez, Santiago, Schiavo, Soria, Ta, Ting, Valencia, Villapudua, Waldron, Wallis, Ward, Weber, Wicks, Wilson, Wood, Zbur, Robert Rivas
NOES: Lee
NO VOTE RECORDED: Cervantes, Ortega
Prepared by: Kordell Hampton / ED. / (916) 651-4105
8/27/24 12:43:08
**** END ****
SENATE THIRD READING
STR Bill Id:SB 1138
Author:(Newman)
As Amended Ver:August 22, 2024
Majority vote
SUMMARY
Authorizes a student's excused absence due to participation in military entrance processing.
Major Provisions
- Authorizes a student's excused absence due to participation in military entrance processing.
- Adds double-jointing language to avoid chaptering out issues with AB 1884 (Ward) and AB 2499 (Schiavo) of the current legislative session.
COMMENTS
Excused absences. California's compulsory education law requires every child between the ages of six through 18 to attend school full-time, and their parents and legal guardians to be responsible for ensuring that they attend school. A student who is absent from school without a valid excuse on any day or is tardy for more than 30 minutes, or any combination thereof, for three days in a school year is considered a truant.
Current law establishes excused absences for a number of reasons, including illness, quarantine, medical appointments, attending a funeral, jury duty, illness of the student's child, a court appearance, observation of a religious holiday or ceremony, attendance at an educational conference, serving on a precinct board, spending time with an immediate family member who is an active duty member of the military deployed in a combat zone, as well as for other reasons deemed to constitute a valid excuse by a school administrator This bill would add participation in military entrance processing to the list of excused absences.
Military entrance processing (MEP). The MEP is a process in which the military assesses applicants for their qualifications to enter a branch of the U.S. armed forces. The Department of Defense operates MEP facilities with the help to determine an applicant's physical, mental, and moral readiness to enter the military. Completing a MEP screening typically takes two full days of tests and screenings. The MEP process includes medical screening, aptitude tests, and enlistment in the appropriate military branch.
According to the Author
"Providing for excused absences will afford California high school students the opportunity to participate in mandatory military entrance processing without potentially experiencing adverse consequences for having an unexcused absence on their records. Adding military entrance processing to the existing list of excused absences, which include attending career or employment conferences, is eminently fair and equitable. Students planning to pursue service in the United States military after completion of high school should not face undue administrative obstacles that might interfere with that very admirable path."
Arguments in Support
None on file.
Arguments in Opposition
None on file.
FISCAL COMMENTS
According to the Assembly Appropriations Committee:
- Potential Proposition 98 General Fund savings to the extent students who otherwise would have attended school do not attend school as a result of this measure. Savings at the state level would result from a redirection of funds from local educational agencies (LEAs) that would no longer generate state funding for students not attending school as a result of this measure. While each individual absence may be insignificant, in the aggregate, absences have an impact on overall funding provided to LEAs.
- The state has about 970,000 11th and 12th grade students with annual funding per-student of about $12,000, or about $67 per school day. If even .25% of these students took one day off from school as a result of this bill they would not otherwise have taken, costs would exceed $150,000 statewide to LEAs.
- If the Commission on State Mandates determines the bill's requirements to be a reimbursable state mandate, the state would need to reimburse these costs to LEAs or provide funding through the K-12 Mandate Block Grant.
VOTES
SENATE FLOOR: 37-0-3
YES: Alvarado-Gil, Ashby, Atkins, Becker, Blakespear, Bradford, Caballero, Cortese, Dahle, Dodd, Durazo, Eggman, Glazer, Gonzalez, Grove, Hurtado, Jones, Laird, Limón, McGuire, Menjivar, Min, Nguyen, Niello, Ochoa Bogh, Padilla, Portantino, Roth, Rubio, Seyarto, Skinner, Smallwood-Cuevas, Stern, Umberg, Wahab, Wiener, Wilk
ABS, ABST OR NV: Allen, Archuleta, Newman
ASM EDUCATION: 7-0-0
YES: Muratsuchi, Addis, Alvarez, Bonta, Flora, Hoover, McCarty
ASM MILITARY AND VETERANS AFFAIRS: 9-0-1
YES: Schiavo, Davies, Addis, Lackey, Alvarez, Boerner, Juan Carrillo, Valencia, Villapudua
ABS, ABST OR NV: Mathis
ASM APPROPRIATIONS: 14-0-1
YES: Wicks, Sanchez, Arambula, Bryan, Calderon, Wendy Carrillo, Dixon, Mike Fong, Grayson, Haney, Hart, Pellerin, Ta, Villapudua
ABS, ABST OR NV: Jim Patterson
UPDATED
VERSION: August 22, 2024
CONSULTANT: Debbie Look / ED. / (916) 319-2087 FN: 0004307
SENATE THIRD READING
STR Bill Id:SB 1138
Author:(Newman)
As Amended Ver:March 18, 2024
Majority vote
SUMMARY
Authorizes a student's excused absence due to participation in military entrance processing.
Major Provisions
Authorizes a student's excused absence due to participation in military entrance processing.
COMMENTS
Excused absences. California's compulsory education law requires every child between the ages of six through 18 to attend school full-time, and their parents and legal guardians to be responsible for ensuring that they attend school. A student who is absent from school without a valid excuse on any day or is tardy for more than 30 minutes, or any combination thereof, for three days in a school year is considered a truant.
Current law establishes excused absences for a number of reasons, including illness, quarantine, medical appointments, attending a funeral, jury duty, illness of the student's child, a court appearance, observation of a religious holiday or ceremony, attendance at an educational conference, serving on a precinct board, spending time with an immediate family member who is an active duty member of the military deployed in a combat zone, as well as for other reasons deemed to constitute a valid excuse by a school administrator based upon an individual student's circumstances. This bill would add participation in military entrance processing to the list of excused absences.
Military entrance processing (MEP). The MEP is a process in which the military assesses applicants for their qualifications to enter a branch of the U.S. armed forces. The Department of Defense operates MEP facilities with the help of military and civilian personnel who specialize in determining an applicant's physical, mental, and moral readiness to enter the military. Completing a MEP screening typically takes two full days of tests and screenings. The MEP process includes medical screening, aptitude tests, and enlistment in the appropriate military branch.
According to the Author
"Providing for excused absences will afford California high school students the opportunity to participate in mandatory military entrance processing without potentially experiencing adverse consequences for having an unexcused absence on their records. Adding military entrance processing to the existing list of excused absences, which include attending career or employment conferences, is eminently fair and equitable. Students planning to pursue service in the United States military after completion of high school should not face undue administrative obstacles that might interfere with that very admirable path."
Arguments in Support
None on file
Arguments in Opposition
None on file
FISCAL COMMENTS
According to the Assembly Appropriations Committee:
- Potential Proposition 98 General Fund savings to the extent students who otherwise would have attended school do not attend school as a result of this measure. Savings at the state level would result from a redirection of funds from local educational agencies (LEAs) that would no longer generate state funding for students not attending school as a result of this measure. While each individual absence may be insignificant, in the aggregate, absences have an impact on overall funding provided to LEAs.
- The state has about 970,000 11th and 12th grade students with annual funding per-student of about $12,000, or about $67 per school day. If even .25% of these students took one day off from school as a result of this bill they would not otherwise have taken, costs would exceed $150,000 statewide to LEAs.
- If the Commission on State Mandates determines the bill's requirements to be a reimbursable state mandate, the state would need to reimburse these costs to LEAs or provide funding through the K-12 Mandate Block Grant.
VOTES
SENATE FLOOR: 37-0-3
YES: Alvarado-Gil, Ashby, Atkins, Becker, Blakespear, Bradford, Caballero, Cortese, Dahle, Dodd, Durazo, Eggman, Glazer, Gonzalez, Grove, Hurtado, Jones, Laird, Limón, McGuire, Menjivar, Min, Nguyen, Niello, Ochoa Bogh, Padilla, Portantino, Roth, Rubio, Seyarto, Skinner, Smallwood-Cuevas, Stern, Umberg, Wahab, Wiener, Wilk
ABS, ABST OR NV: Allen, Archuleta, Newman
ASM EDUCATION: 7-0-0
YES: Muratsuchi, Addis, Alvarez, Bonta, Flora, Hoover, McCarty
ASM MILITARY AND VETERANS AFFAIRS: 9-0-1
YES: Schiavo, Davies, Addis, Lackey, Alvarez, Boerner, Juan Carrillo, Valencia, Villapudua
ABS, ABST OR NV: Mathis
ASM APPROPRIATIONS: 14-0-1
YES: Wicks, Sanchez, Arambula, Bryan, Calderon, Wendy Carrillo, Dixon, Mike Fong, Grayson, Haney, Hart, Pellerin, Ta, Villapudua
ABS, ABST OR NV: Jim Patterson
UPDATED
VERSION: March 18, 2024
CONSULTANT: Debbie Look / ED. / (916) 319-2087 FN: 0003955
Date of Hearing: August 7, 2024
ASSEMBLY COMMITTEE ON APPROPRIATIONS
Buffy Wicks, Chair
SBPCA Bill Id:SB 1138
Author:(Newman) – As Amended Ver:March 18, 2024
Policy Committee: | Education | Vote: | 7 - 0 |
Military and Veterans Affairs | 9 - 0 | ||
|
|
Urgency: No State Mandated Local Program: Yes Reimbursable: Yes
SUMMARY:
This bill expands the list of reasons a student may be excused from school to include absences due to the student’s participation in military entrance processing.
FISCAL EFFECT:
Potential Proposition 98 General Fund savings to the extent students who otherwise would have attended school do not attend school as a result of this measure. Savings at the state level would result from a redirection of funds from local educational agencies (LEAs) that would no longer generate state funding for students not attending school as a result of this measure. While each individual absence may be insignificant, in the aggregate, absences have an impact on overall funding provided to LEAs.
The state has about 970,000 11th and 12th grade students with annual funding per-student of about $12,000, or about $67 per school day. If even .25% of these students took one day off from school as a result of this bill they would not otherwise have taken, costs would exceed $150,000 statewide to LEAs.
If the Commission on State Mandates determines the bill’s requirements to be a reimbursable state mandate, the state would need to reimburse these costs to LEAs or provide funding through the K-12 Mandate Block Grant.
COMMENTS:
- Purpose. According to the author:
Providing for excused absences will afford California high school students the opportunity to participate in mandatory military entrance processing without potentially experiencing adverse consequences for having an unexcused absence on their records…Students planning to pursue service in the United States military after completion of high school should not face undue administrative obstacles that might interfere with that very admirable path.
The bill has no listed support or opposition.
- Background.
Excused Absences. When a student is absent from school or tardy by 30 minutes or more without a valid excuse, the absence is known as an “unexcused absence.” When a student has three unexcused absences in a school year, the student is considered truant. Laws governing truancy, including interventions and fines to parents, apply to these students.
When a student is absent from school with a valid excuse, the absence is known as an “excused absence.” Current law defines various reasons a student may be excused from school, including illness, funerals of immediate family, and medical appointments.
LEAs are funded based on attendance. An unexcused absence and an excused absence both result in a loss of funding to an LEA equivalent to the amount of time a student is absent.
Military Entrance Processing. Military entrance processing assesses whether an applicant to the armed forces meets the physical, mental, and moral readiness qualifications necessary to succeed in the military. Completing a military entrance processing screening typically takes one to two full days of tests and screenings. The process includes medical screening, aptitude tests, and enlistment in the appropriate military branch. The military allows 17-year-olds to enlist with parental permission and also allows high school students to sign enlistment contracts and then delay entry for up to a year.
This bill authorizes a student’s excused absence due to participation in military entrance processing.
- Related and Prior Legislation. AB 1884 (Ward) expands the list of reasons a student may be excused from school to include time spent with a student’s immediate family member who has been called to duty for, is on leave from, or has immediately returned from any deployment, not only a deployment to a combat zone or combat support position. The bill is pending in the Senate Appropriations Committee.
In recent years, the Legislature has significantly expanded the list of reasons a student may be excused from school, as described below:
SB 350 (Ashby), Chapter 601, Statutes of 2023, adds receiving victim services, grief support services, attending safety planning, and attending a funeral or grieving to the list of reasons that a student may be excused from school.
AB 1503 (Lee), Chapter 846, Statutes of 2023, extends the time permitted for an excused absence for attending a religious retreat from four hours to one schoolday per year.
SB 955 (Leyva), Chapter 921, Statutes of 2022, adds participation in a civic or political event to the list of reasons that a student may be excused from school.
SB 14 (Portantino), Chapter 672, Statutes of 2021, adds “for the benefit of the behavioral health of the student” within the “illness” category on the list of reasons that a student may be excused from school, among other provisions.
AB 516 (Megan Dahle), Chapter 281, Statutes of 2021, adds participation in a cultural ceremony or event to the list of reasons that a student may be excused from school.
AB 1593 (Obernolte), Chapter 92, Statutes of 2016, adds a student's attendance at their naturalization ceremony to become a United States citizen to the list of reasons that a student may be excused from school.
Analysis Prepared by: Natasha Collins / APPR. / (916) 319-2081
Date of Hearing: June 25, 2024
ASSEMBLY COMMITTEE ON MILITARY AND VETERANS AFFAIRS
Pilar Schiavo, Chair
SBPCA Bill Id:SB 1138
Author:(Newman) – As Amended Ver:March 18, 2024
SENATE VOTE: 37-0
SUBJECT: Pupil attendance: excused absences: military entrance processing
SUMMARY: Authorizes a student’s excused absence due to participation in military entrance processing. Specifically, this bill:
- Authorizes a student’s excused absence due to participation in military entrance processing.
- Technical and conforming changes.
EXISTING LAW:
- Requires a student between the ages of 6 through 18 to attend school full-time, in the school district where either parent or legal guardian resides, except as specified. (Education Code (EC) 48200)
- Specifies that excused absences are deemed to be absences in computing average daily attendance (ADA) and do not generate state apportionment payments. (EC 48205)
- Requires that a student be excused from school when the absence is:
- Due to the student’s illness, including an absence for the benefit of the student’s mental or behavioral health;
- Spending time with a member of the student’s immediate family who is an active duty member of the uniformed services, and has been called to duty for, is on leave from, or has immediately returned from, deployment to a combat zone or combat support position;
- Due to quarantine under the direction of a county or city health officer;
- Having a medical, dental, optometrical, or chiropractic appointment;
- Attending the funeral services or grieving the death of either a member of the pupil’s immediate family or of a person that is determined by the student’s parent or guardian to be in such close association with the student as to be considered immediate family, so long as the absence is not more than five days per incident;
- Serving on jury duty;
- Due to the illness or medical appointment during school hours of a child of whom the student is the custodial parent;
- For justifiable personal reasons, including, but not limited to, an appearance in court, attendance at a funeral service, observance of a holiday or ceremony of the student’s religion, attendance at religious retreats (limited to one day per semester), attendance at an employment conference, or attendance at an educational conference on the legislative or judicial process offered by a nonprofit organization, when the absence is requested in writing by the parent or guardian and approved by the principal or designee, based upon standards established by the governing board of the school district;
- Serving as a member of a precinct board for an election;
- Attending the student’s naturalization ceremony to become a United States citizen;
- Participating in a cultural ceremony or event; and
- A middle or high school student engaging in a civic or political event for no more than one school day per year, provided that the student notifies the school ahead of the absence. (EC 48205)
- Provides that a valid excuse includes, but is not limited to, the reasons specified in the "excused absences" sections of the law, and may include other reasons that are within the discretion of school administrators and based on the facts of the pupil's circumstances. (EC 48260)
FISCAL EFFECT: According to the Senate Appropriations Committee:
- To the extent that students who would have otherwise attended school do not attend as a result of this measure, this bill could result in unknown Proposition 98 General Fund savings to the state. However, each time a student is absent, that absence negatively impacts the local educational agency’s average daily attendance (ADA), ultimately reducing its overall funding.
- While each individual absence may be insignificant, in the aggregate, absences have an impact on overall funding provided to local school districts. Under current law, all absences, whether excused or unexcused, result in a reduction of overall ADA.
COMMENTS: The purpose of this bill is to make it easier for California high school students to enlist in the military, by making military entrance processing an excused absence under state law.
According to the author:
“Providing for excused absences will afford California high school students the opportunity to participate in mandatory military entrance processing without potentially experiencing adverse consequences for having an unexcused absence on their records. Adding military entrance processing to the existing list of excused absences, which include attending career or employment conferences, is eminently fair and equitable. Students planning to pursue service in the United States military after completion of high school should not face undue administrative obstacles that might interfere with that very admirable path.”
Military entrance processing (MEP)
MEP is a process in which the military assesses applicants for their qualifications to enter a branch of the U.S. armed forces. The Department of Defense operates MEP stations (MEPS) with the help of military and civilian personnel who specialize in determining an applicant's physical, mental, and moral readiness to enter the military. Completing a MEP screening typically takes two full days of tests and screenings. The MEP process includes medical screening, aptitude tests, and enlistment in the appropriate military branch.
Absence and absenteeism
The Education Committee notes that current law establishes excused absences for a number of reasons, including illness, quarantine, medical appointments, attending a funeral, jury duty, illness of the student’s child, a court appearance, observation of a religious holiday or ceremony, attendance at an educational conference, serving on a precinct board, spending time with an immediate family member who is an active duty member of the military deployed in a combat zone, as well as for other reasons deemed to constitute a valid excuse by a school administrator based upon an individual student’s circumstances. This suggests both a precedent of tolerance of absences for a variety of reasons, but also that the number of excused absences may exceed what is reasonable.
California schools are funded on the basis of the ADA of enrolled students. Absences, whether excused or unexcused, do not generate ADA, thereby negatively impacting a local educational agency’s (LEA) overall funding.
Chronic absence refers to missing so much school for any reason that a student is academically at risk. Chronic absence is defined as missing 10% or more of school for any reason, including excused absences, unexcused absences or truancy, and suspensions. Statewide chronic absence rates increased from 12% to a high of 30% in 2021-22 during the COVID-19 pandemic. In 2022-23, the overall chronic absence rate fell to 25%. Although this represents a decrease from the prior year, the rate is still more than double that of the rate prior to the pandemic.
Chronic absenteeism varies significantly by grade level. Kindergarten chronic absence increased from the pre-pandemic level of 16% to 40% in 2021-22 and remained at 36% in 2022-23, the highest level among all grade levels. High school chronic absenteeism increased from the pre-pandemic level of 16% to 30% at the height of the pandemic and dropped to 26% in 2022-23. (Chang, 2024)
Chronic absences have a disproportionate impact on different subgroups of students. Only 2% of the most affluent schools have extreme levels of chronic absence, compared to 60% of schools in which 75% or more of the students are socioeconomically disadvantaged. Students who are involved in the foster care system, are experiencing homelessness, and/or have been identified as having a disability have extraordinarily high levels of chronic absenteeism. In addition, Native American, Black, and Pacific Islander students also have especially high rates of chronic absences.
High school students and military enlistment
It is not unusual for a high school student to undergo military entrance processing. Each of the military branches permits the enlistment of 17-year-olds, with parental permission, including through programs (Delayed Entry) that permit high school students to sign enlistment contracts and then and then delay entry for up to a year to complete other responsibilities, finishing high school, for example. The Army National Guard has a “Split Training Option,” that allows an eligible 17-year-old high school junior to enlist, complete basic training over the summer, and then return to school to finish their senior year.
MEPS operate Monday through Friday, from 6 a.m. to 4:30 p.m. U.S. Army Recruiting Command (USARECOM) says that currently recruiters and student-applicants work with the individual schools to ensure required attendance is kept since district policies about absences often vary.
Related legislation
AB 1884 (Ward) of the 2023-24 Session would authorize a student’s excused absence for purposes of spending time with a member of their immediate family who is an active duty member of the military and has been called to duty for, is on leave from, or has immediately returned from deployment, without requiring that the deployment be to a combat zone or combat support position.
AB 2771 (Mainschein) of the 2023-24 Session would require the CDE to post information on its website about methods of reducing chronic absenteeism by the beginning of the 2026-27 school year.
SB 350 (Ashby) Chapter 601, Statutes of 2023 adds to the list of excused absences from school that a pupil can be excused from school for, the ability to miss school to receive victim services, grief support services, or attend safety planning, to attend a funeral or grieve for no longer than five days, as specified.
AB 516 (Megan Dahle) Chapter 281, Statutes of 2021 adds participation in a cultural ceremony or event to the list of reasons that a student must be excused from school.
AB 1593 (Obernolte) Chapter 92, Statutes of 2016 adds a student's attendance at his or her naturalization ceremony to become a United States citizen to the list of excused absences.
REGISTERED SUPPORT / OPPOSITION:
Support
None on file
Opposition
None on file
Analysis Prepared by: Christian Burkin / M. & V.A. / (916) 319-3550
Date of Hearing: June 12, 2024
ASSEMBLY COMMITTEE ON EDUCATION
Al Muratsuchi, Chair
SBPCA Bill Id:SB 1138
Author:(Newman) – As Amended Ver:March 18, 2024
[Note: This bill is double referred to the Assembly Military and Veterans Affairs Committee and will be heard by that Committee as it relates to issues under its jurisdiction.]
SENATE VOTE: 37-0
SUBJECT: Pupil attendance: excused absences: military entrance processing
SUMMARY: Authorizes a student’s excused absence due to participation in military entrance processing. Specifically, this bill:
- Authorizes a student’s excused absence due to participation in military entrance processing.
- Technical and conforming changes.
EXISTING LAW:
- Requires a student between the ages of 6 through 18 to attend school full-time, in the school district where either parent or legal guardian resides, except as specified. (Education Code (EC) 48200)
- Specifies that excused absences are deemed to be absences in computing average daily attendance (ADA) and do not generate state apportionment payments. (EC 48205)
- Requires that a student be excused from school when the absence is:
- Due to the student’s illness, including an absence for the benefit of the student’s mental or behavioral health;
- Spending time with a member of the student’s immediate family who is an active duty member of the uniformed services, and has been called to duty for, is on leave from, or has immediately returned from, deployment to a combat zone or combat support position;
- Due to quarantine under the direction of a county or city health officer;
- Having a medical, dental, optometrical, or chiropractic appointment;
- Attending the funeral services or grieving the death of either a member of the pupil’s immediate family or of a person that is determined by the student’s parent or guardian to be in such close association with the student as to be considered immediate family, so long as the absence is not more than five days per incident;
- Serving on jury duty;
- Due to the illness or medical appointment during school hours of a child of whom the student is the custodial parent;
- For justifiable personal reasons, including, but not limited to, an appearance in court, attendance at a funeral service, observance of a holiday or ceremony of the student’s religion, attendance at religious retreats (limited to one day per semester), attendance at an employment conference, or attendance at an educational conference on the legislative or judicial process offered by a nonprofit organization, when the absence is requested in writing by the parent or guardian and approved by the principal or designee, based upon standards established by the governing board of the school district;
- Serving as a member of a precinct board for an election;
- Attending the student’s naturalization ceremony to become a United States citizen;
- Participating in a cultural ceremony or event; and
- A middle or high school student engaging in a civic or political event for no more than one schoolday per year, provided that the student notifies the school ahead of the absence. (EC 48205)
- Provides that a valid excuse includes, but is not limited to, the reasons specified in the "excused absences" sections of the law, and may include other reasons that are within the discretion of school administrators and based on the facts of the pupil's circumstances. (EC 48260)
FISCAL EFFECT: According to the Senate Appropriations Committee:
- To the extent that students who would have otherwise attended school do not attend as a result of this measure, this bill could result in unknown Proposition 98 General Fund savings to the state. However, each time a student is absent, that absence negatively impacts the local educational agency’s average daily attendance (ADA), ultimately reducing its overall funding.
- While each individual absence may be insignificant, in the aggregate, absences have an impact on overall funding provided to local school districts. Under current law, all absences, whether excused or unexcused, result in a reduction of overall ADA.
COMMENTS:
Need for the bill. According to the author, “Providing for excused absences will afford California high school students the opportunity to participate in mandatory military entrance processing without potentially experiencing adverse consequences for having an unexcused absence on their records. Adding military entrance processing to the existing list of excused absences, which include attending career or employment conferences, is eminently fair and equitable. Students planning to pursue service in the United States military after completion of high school should not face undue administrative obstacles that might interfere with that very admirable path.”
Excused absences. California's compulsory education law requires every child between the ages of 6 through 18 to attend school full-time, and their parents and legal guardians to be responsible for ensuring that they attend school. A student who is absent from school without a valid excuse on any day or is tardy for more than 30 minutes, or any combination thereof, for three days in a school year is considered a truant.
Current law establishes excused absences for a number of reasons, including illness, quarantine, medical appointments, attending a funeral, jury duty, illness of the student’s child, a court appearance, observation of a religious holiday or ceremony, attendance at an educational conference, serving on a precinct board, spending time with an immediate family member who is an active duty member of the military deployed in a combat zone, as well as for other reasons deemed to constitute a valid excuse by a school administrator based upon an individual student’s circumstances.This bill would add participation in military entrance processing to the list of excused absences.
Military entrance processing (MEP). The MEP is a process in which the military assesses applicants for their qualifications to enter a branch of the U.S. armed forces. The Department of Defense operates MEP facilities with the help of military and civilian personnel who specialize in determining an applicant's physical, mental, and moral readiness to enter the military. Completing a MEP screening typically takes two full days of tests and screenings. The MEP process includes medical screening, aptitude tests, and enlistment in the appropriate military branch.
Absences impact school funding. California schools are funded on the basis of the ADA of enrolled students. Absences, whether excused or unexcused, do not generate ADA, thereby negatively impacting a local educational agency’s (LEA) overall funding.
Chronic absenteeism has risen significantly in recent years. Chronic absence refers to missing so much school for any reason that a student is academically at risk. Chronic absence is defined as missing 10% or more of school for any reason, including excused absences, unexcused absences or truancy, and suspensions. Statewide chronic absence rates increased from 12% to a high of 30% in 2021-22 during the COVID-19 pandemic. In 2022-23, the overall chronic absence rate fell to 25%. Although this represents a decrease from the prior year, the rate is still more than double that of the rate prior to the pandemic.
Chronic absenteeism varies significantly by grade level. Kindergarten chronic absence increased from the pre-pandemic level of 16% to 40% in 2021-22 and remained at 36% in 2022-23, the highest level among all grade levels. High school chronic absenteeism increased from the pre-pandemic level of 16% to 30% at the height of the pandemic and dropped to 26% in 2022-23. (Chang, 2024)
Chronic absences have a disproportionate impact on different subgroups of students. Only 2% of the most affluent schools have extreme levels of chronic absence, compared to 60% of schools in which 75% or more of the students are socioeconomically disadvantaged. Students who are involved in the foster care system, are experiencing homelessness, and/or have been identified as having a disability have extraordinarily high levels of chronic absenteeism. In addition, Native American, Black, and Pacific Islander students also have especially high rates of chronic absences. (Chang, 2024) See Figure 1.
Figure 1. Chronic Absenteeism Rates by Student Group and Year
Source: Unpacking California’s Chronic Absence Crisis Through 2022-23 (Chang, January 2024)
Potential to increase chronic absenteeism by expanding excused absences. Legislation in recent years has added to the list of excused absences for the purposes of a student’s mental health, participating in a cultural ceremony or event, attending a funeral or accessing grief support services, and engaging in a civic or political event. Although each of these is important in themselves, the overall impact on student attendance must be considered. A student’s absence from school for any reason may have negative impacts on their academic achievement over time. The Committee may wish to consider whether adding yet another excused absence for participation in military processing is a worthwhile change given the tremendous increases in chronic absenteeism and the associated potential negative impact on a student’s overall performance.
Related legislation. AB 1884 (Ward) of the 2023-24 Session would authorize a student’s excused absence for purposes of spending time with a member of their immediate family who is an active duty member of the military and has been called to duty for, is on leave from, or has immediately returned from deployment, without requiring that the deployment be to a combat zone or combat support position.
AB 2771 (Mainschein) of the 2023-24 Session would require the CDE to post information on its website about methods of reducing chronic absenteeism by the beginning of the 2026-27 school year.
SB 350 (Ashby), Chapter 601, Statutes of 2023, adds to the list of excused absences from school that a pupil can be excused from school for, the ability to miss school to receive victim services, grief support services, or attend safety planning, to attend a funeral or grieve for no longer than five days, as specified.
AB 1503 (Lee), Chapter 846, Statutes of 2023, extends the time permitted for an excused absence for attending a religious retreat from four hours to one schoolday per year.
SB 955 (Leyva), Chapter 921, Statutes of 2022, authorizes one excused absence per year for a middle or high school student to participate in a civic or political event, provided that the student notifies the school ahead of the absence.
SB 14 (Portantino), Chapter 672, Statutes of 2021, includes, specifically, “for the benefit of the behavioral health of the student” within the “illness” category for excused absences for purposes of school attendance; and requires the CDE to identify an evidence-based and evidence-informed training program for LEAs to address youth behavioral health, including staff and student training.
AB 516 (Megan Dahle), Chapter 281, Statutes of 2021, adds participation in a cultural ceremony or event to the list of reasons that a student must be excused from school.
AB 1593 (Obernolte) Chapter 92, Statutes of 2016, adds a student's attendance at his or her naturalization ceremony to become a United States citizen to the list of excused absences.
REGISTERED SUPPORT / OPPOSITION:
Support
None on file
Opposition
None on file
Analysis Prepared by: Debbie Look / ED. / (916) 319-2087
SENATE RULES COMMITTEE Office of Senate Floor Analyses (916) 651-1520 Fax: (916) 327-4478 | SB 1138 |
THIRD READING
Bill No: SB 1138
Author: Newman (D)
Amended: 3/18/24
Vote: 21
SENATE EDUCATION COMMITTEE: 7-0, 4/10/24
AYES: Newman, Ochoa Bogh, Cortese, Glazer, Gonzalez, Smallwood-Cuevas, Wilk
SENATE MILITARY & VETERANS COMMITTEE: 5-0, 4/22/24
AYES: Archuleta, Grove, Alvarado-Gil, Menjivar, Umberg
SENATE APPROPRIATIONS COMMITTEE: 7-0, 5/16/24
AYES: Caballero, Jones, Ashby, Becker, Bradford, Seyarto, Wahab
SUBJECT: Pupil attendance: excused absences: military entrance processing
SOURCE: Author
DIGEST:
This bill adds a pupil’s participation in military entrance processing to the list of excused absences.
ANALYSIS:
Existing law:
- Clarifies that excused absences are deemed to be absences in computing average daily attendance (ADA) and shall not generate state apportionment payments. (EC § 48205)
- Provides a list of reasons that constitute an excused absence, which include, among others, that the absence of a student is to be excused when the absence is due to any of the following:
- Due to the pupil’s illness, including an absence for the benefit of the pupil’s mental or behavioral health; quarantine under the direction of a county or city health officer; have a medical, dental, optometric, or chiropractic services during school hours.
- For the purpose of attending the funeral services of a member of the pupil’s immediate family or spending time with a member of the pupil’s immediate family who is an active duty member of the uniformed services.
- Jury duty or justifiable personal reasons, including, but not limited to, an appearance in court, attendance at a funeral service, observance of a holiday or ceremony of the pupil’s religion, attendance at a religious retreat, attendance at an employment conference, or attendance at an educational conference on the legislative or judicial process offered by a nonprofit organization.
- Attending a naturalization ceremony to become a United States citizen or participating in a cultural ceremony or event.
- A middle school or high school pupil engaging in a civic or political event provided that the pupil notify the school ahead of the absence. (EC § 48205)
- Provides that a valid excuse may include other reasons that are within the discretion of school administrators and based on the facts of the pupil’s circumstances. (EC § 48260)
- Clarifies each person between the ages of 6 and 18 years subject to compulsory full-time education and each person subject to compulsory continuation education must attend the public full-time day school or continuation school or classes and for the full-time designated as the length of the schoolday by the governing board of the school district where the parent or guardian is located. (EC § 48200)
This bill adds a pupil’s participation in military entrance processing to the list of excused absences.
Comments
- Need for the bill. According to the author, “Providing for excused absences will afford California high school students the opportunity to participate in mandatory military entrance processing without potentially experiencing adverse consequences for having an unexcused absence on their records. Adding military entrance processing to the existing list of excused absences, which include attending career or employment conferences, is eminently fair and equitable. Students planning to pursue service in the United States military after completion of high school should not face undue administrative obstacles that might interfere with that very admirable path.”
- What is Military Entrance Processing (MEP)? The MEP is a process in which the military assesses applicants for their qualifications to enter a branch of the U.S. armed forces. The Department of Defense operates MEPS facilities with the help of military and civilian personnel who specialize in determining an applicant's physical, mental, and moral readiness to enter the military. Completing a MEP screening typically takes two full days of tests and screenings. The MEP process includes medical screening, aptitude tests, and enlistment in the appropriate military branch.
- Unexcused Absences Trigger Truancy Provisions. While excused and unexcused absences may be treated the same for funding purposes, they are not treated the same for attendance purposes. A student absent from school without a valid excuse on any day or tardy for more than 30 minutes, or any combination thereof, for three days in a school year is considered a truant. By adding to the list of excused absences from school that a pupil is excused from school for the MEP, this bill could reduce the number of unexcused absences and, therefore, reduce the number of truancies.
- Excused Absences Do Not Generate ADA. In California, school funding is primarily calculated using ADA. Each time a student is absent, that absence negatively impacts the local educational agency (LEA’s) ADA, ultimately reducing their overall funding. While each absence may be insignificant relative to overall funding levels, absences affect overall funding in the aggregate. Under current law, all absences, whether excused or unexcused, reduce overall ADA.
- Chronic Absenteeism. Chronic absenteeism is when students miss 10 percent or more of school for any reason. If not addressed, this can lead to difficulties learning to read by Grade 3, reaching grade-level standards in middle school, and graduating from high school. The COVID-19 pandemic has led to a significant increase in chronic absenteeism in California and across the country. Addressing this issue is crucial in helping students catch up academically. This analysis examines the trends in chronic absenteeism through the 2022-23 school year, using data from the California Department of Education (CDE). Although there has been a decrease in chronic absence rates, they are still alarmingly high.
Statewide Rates of Chronic Absence from 2017-18 to 2022-23 |
In a report released by PACE, Unpacking California’s Chronic Absence Crisis Through 2022–23: Seven Key Facts, chronic absence rates increased from 12 percent (702,531 students) in 2018–19 to a high of 30 percent (1,799,734) in 2021–22. In 2022–23, there was a decrease of 5 percentage points to a chronic absenteeism rate of 25 percent (1,486,302 students). Although this modest decrease is a hopeful sign, rates are still much higher than they were prior to the pandemic.
Schools that serve socioeconomically disadvantaged (SED) students tend to have higher rates of chronic absenteeism. Only 2 percent of the most affluent schools (those serving 0–24 percent SED students) experience extreme levels of chronic absence. In comparison, 60 percent of schools serving 75 percent or more SED students have extreme levels of chronic absence. Due to the challenges posed by the pandemic, SED students are significantly behind their non-SED peers in academic performance. Chronic absence is also high among particular student populations, although all have experienced modest decreases in the last year. Students who are involved in the foster care system, are experiencing homelessness, and have been identified as having a disability have extraordinarily high levels of chronic absenteeism. In addition, Native American, Black, and Pacific Islander students have exceptionally high rates of chronic absence. For these populations, chronic absenteeism both reflects and exacerbates inequities. These high rates can reflect challenges facing students and families in the community (e.g., lack of access to health care, unreliable transportation, housing, and food insecurity, etc.) and within the school (e.g., bullying, unwelcoming school climate, biased disciplinary or attendance practices, or lack of a meaningful and culturally relevant curriculum). Such difficulties can affect students’ learning ability and cause them to fall farther behind because they miss invaluable instruction.
Chronic Absenteeism Rates By Student Group and Year |
The reasons behind chronic absenteeism are complex; hence addressing this issue requires a multifaceted approach. This approach should involve services that meet their basic needs, create a safe and welcoming school environment, and provide engaging and challenging learning opportunities. Furthermore, partnerships with community organizations and public agencies are crucial to tackle the barriers and challenges to school attendance that may be beyond the capacity of educators.
Related/Prior Legislation
AB 2771 (Maienschein, 2024) would require the CDE to post information on its website about methods of reducing chronic absenteeism by the beginning of the 2026-27 school year.
AB 1939 (Maienschein, 2024) would require each county school attendance review board and each local school attendance review board to, at least annually, consult with specified pupils for the purpose of soliciting input that will assist board members in gaining a better understanding of, and proposing interventions for, pupil attendance challenges and behavioral challenges.
AB 1884 (Ward, 2024) would authorize a student’s excused absence for purposes of spending time with a member of their immediate family who is an active duty member of the military and has been called to duty for, is on leave from, or has immediately returned from deployment, without requiring that the deployment be to a combat zone or combat support position.
AB 1503 (Lee, Chapter 846, Statutes of 2023) extended the excused absence provision for a student to attend a religious retreat from four hours or a half-day to one full day.
SB 350 (Ashby, Chapter 601, Statutes of 2023) added, to the list of excused absences from school, that a pupil can be excused from school 1) the ability to miss school to receive victim services, grief support services, or attend safety planning, as specified; and 2) to attend a funeral or to grieve for no longer than five days, as specified.
SB 955 (Leyva, Chapter 921, Statutes of 2022) permited students in grades 6 – 12 to have one excused absence per year to participate in a civic or political event.
SB 14 (Portantino, Chapter 672, Statutes of 2021) included, among other things, “for the benefit of the behavioral health of the pupil” within the “illness” category for excused absences for purposes of school attendance.
AB 516 (M. Dahle, Chapter 281, Statutes of 2021) added participation in a cultural ceremony or event to the list of reasons that a pupil must be excused from school.
AB 2289 (Weber and Gonzalez Fletcher, Chapter 942, Statutes of 2018) required, among other things, parenting pupils to be excused from school without a doctor's note for the purpose of caring for their sick children or attending their children's medical appointments.
AB 1593 (Obernolte and Alejo, Chapter 92, Statutes of 2016) permited a pupil’s attendance at his or her naturalization ceremony to become a United States citizen to be deemed an excused absence for purposes of computing ADA.
FISCAL EFFECT: Appropriation: No Fiscal Com.: Yes Local: Yes
According to the Senate Appropriations Committee, “To the extent that students who would have otherwise attended school do not attend as a result of this measure, this bill could result in unknown Proposition 98 General Fund savings to the state. However, each time a student is absent, that absence negatively impacts the local educational agency’s average daily attendance (ADA), ultimately reducing its overall funding. While each individual absence may be insignificant, in the aggregate, absences have an impact on overall funding provided to local school districts. Under current law, all absences, whether excused or unexcused, result in a reduction of overall ADA.
SUPPORT: (Verified 5/16/24)
None received
OPPOSITION: (Verified 5/16/24)
None received
Prepared by: Kordell Hampton / ED. / (916) 651-4105
5/17/24 17:19:21
**** END ****
SENATE COMMITTEE ON APPROPRIATIONS
Senator Anna Caballero, Chair
2023 - 2024 Regular Session
SB 1138 (Newman) - Pupil attendance: excused absences: military entrance processing
Version: March 18, 2024 | Policy Vote: ED. 7 - 0, M.&V.A. 5 - 0 |
Urgency: No | Mandate: Yes |
Hearing Date: May 6, 2024 | Consultant: Lenin Del Castillo |
Bill Summary:
This bill would add a pupil’s participation in military entrance processing to the list of excused absences.
Fiscal Impact:
To the extent that students who would have otherwise attended school do not attend as a result of this measure, this bill could result in unknown Proposition 98 General Fund savings to the state. However, each time a student is absent, that absence negatively impacts the local educational agency’s average daily attendance (ADA), ultimately reducing its overall funding. While each individual absence may be insignificant, in the aggregate, absences have an impact on overall funding provided to local school districts. Under current law, all absences, whether excused or unexcused, result in a reduction of overall ADA.
Background:
Existing law provides that excused absences are deemed to be absences in computing ADA and shall not generate state apportionment payments. The law specifies a list of reasons that constitute an excused absence, which include:
- Due to the pupil’s illness, including an absence for the benefit of the pupil’s mental or behavioral health; quarantine under the direction of a county or city health officer; have a medical, dental, optometric, or chiropractic services during school hours.
- For the purpose of attending the funeral services of a member of the pupil’s immediate family or spending time with a member of the pupil’s immediate family who is an active duty member of the uniformed services.
- Jury duty or justifiable personal reasons, including, but not limited to, an appearance in court, attendance at a funeral service, observance of a holiday or ceremony of the pupil’s religion, attendance at a religious retreat, attendance at an employment conference, or attendance at an educational conference on the legislative or judicial process offered by a nonprofit organization.
- Attending a naturalization ceremony to become a United States citizen; participating in a cultural ceremony or event.
Existing law provides that a valid excuse may include other reasons that are within the discretion of school administrators and based on the facts of the pupil’s circumstances.
P
Proposed Law:
This bill would add a pupil’s participation in military entrance processing to the list of excused absences.
Related Legislation:
SB 350 (Ashby, Chapter 601, Statutes of 2023) allows students to be excused from school to receive victim and grief support services or attend safety planning, as specified.
SB 955 (Leyva, Chapter 921, Statutes of 2022) permits students in grades 6–12 to have one excused absence per year to participate in a civic or political event.
SB 14 (Portantino, Chapter 672, Statutes of 2021) adds “for the benefit of the behavioral health of the pupil” to the list of categories of excused absences for purposes of school attendance, and requires CDE to identify an evidence-based and evidence-informed training program for LEAs to address youth behavioral health, including staff and pupil training.
AB 516 (Dahle, Chapter 281, Statutes of 2021) adds “for the purpose of participating in a cultural ceremony or event” to the list of categories of excused absences for purposes of school attendance.
Staff Comments:
In California, school funding is primarily calculated using ADA. Each time a student is absent, that absence negatively impacts that school district’s ADA, thereby reducing its’ overall funding. While each individual absence may be insignificant, in the aggregate, absences do have impact on overall funding. Under current law, all absences, whether excused or unexcused, result in a reduction of overall ADA.
This bill could also result in Proposition 98 GF savings to the extent students who would have otherwise attended school do not attend school as a result of this measure. The savings at the state level would result from a redirection of funds from school districts that would no longer generate state funding for these students. School districts receive base LCFF grants of between $10,951 and $12,327 per student for the 2023-24 school year depending on the grade level.
The military entrance processing (MEP) is a process in which the military assesses applicants for their qualifications to enter a branch of the U.S. armed forces. The Department of Defense operates MEPS facilities with the help of military and civilian personnel who specialize in determining an applicant's physical, mental, and moral readiness to enter the military. Completing a MEP screening typically takes two full days of tests and screenings. The MEP process includes medical screening, aptitude tests, and enlistment in the appropriate military branch.
-- END --
SENATE COMMITTEE ON MILITARY AND VETERANS AFFAIRS
Senator Bob Archuleta, Chair
2023 - 2024 Regular
Bill No: SB 1138 Hearing Date: 4/22/24
Author: | Newman | ||
Version: | 3/18/24 Amended | ||
Urgency: | No | Fiscal: | Yes |
Consultant: | Jenny Callison | ||
Subject: Pupil attendance: excused absences: military entrance processing
DESCRIPTION
Summary:
Extends the list of reasons for excused absences to pupils who participate in military entrance programs.
Existing law:
- Clarifies that excused absences are deemed to be absences in computing average daily attendance (ADA) and shall not generate state apportionment payments. (EC § 48205)
- Provides a list of reasons that constitute an excused absence, which include, among others, that the absence of a student is to be excused when the absence is due to any of the following:
- Due to the pupil’s illness, including an absence for the benefit of the pupil’s mental or behavioral health; quarantine under the direction of a county or city health officer; have a medical, dental, optometric, or chiropractic services during school hours.
- For the purpose of attending the funeral services of a member of the pupil’s immediate family or spending time with a member of the pupil’s immediate family who is an active duty member of the uniformed services.
- Jury duty or justifiable personal reasons, including, but not limited to, an appearance in court, attendance at a funeral service, observance of a holiday or ceremony of the pupil’s religion, attendance at a religious retreat, attendance at an employment conference, or attendance at an educational conference on the legislative or judicial process offered by a nonprofit organization.
- Attending a naturalization ceremony to become a United States citizen or participating in a cultural ceremony or event.
- A middle school or high school pupil engaging in a civic or political event provided that the pupil notify the school ahead of the absence. (EC § 48205)
- Provides that a valid excuse may include other reasons that are within the discretion of school administrators and based on the facts of the pupil’s circumstances. (EC § 48260)
- Clarifies each person between the ages of 6 and 18 years subject to compulsory full-time education and each person subject to compulsory continuation education must attend the public full-time day school or continuation school or classes and for the full-time designated as the length of the schoolday by the governing board of the school district where the parent or guardian is located. (EC § 48200)
This bill:
Adds participation in military entrance processing to the list of reasons for excused absences from compulsory full-time education for a pupil between 6 and 18 years of age.
BACKGROUND
The United States Military Entrance Processing Command (MEPS) is a Major Command of the U.S. Department of Defense, which primarily screens and processes enlisted personnel applicants into the United States Armed Forces. The Department of Defense operates MEPS facilities with the help of military and civilian personnel who specialize in determining an applicant's physical, mental, and moral readiness to enter the military. These facilities process applicants for military service, putting them through a battery of tests and examinations to ensure that they meet the standards required to serve in the United States Armed Forces. These tests include vision, hearing, blood, and blood pressure tests, a pregnancy test (for women), an examination by a doctor, a height and weight check, urinalysis, a breathalyzer test, a moral/background examination, as well as the Armed Services Vocational Aptitude Battery test. If applicants are deemed qualified for military service, they will also meet with a service counselor, negotiate and sign enlistment contracts, and swear or affirm an entrance oath. Completing a MEP screening typically takes two full days of tests and screenings.
While excused and unexcused absences may be treated the same for funding purposes, they are not treated the same for attendance purposes. A student absent from school without a valid excuse on any day or tardy for more than 30 minutes, or any combination thereof, for three days in a school year is considered a truant.
Chronic absenteeism is when students miss 10 percent or more of school for any reason. If not addressed, this can lead to difficulties learning to read by Grade 3, reaching grade-level standards in middle school, and graduating from high school. The COVID-19 pandemic has led to a significant increase in chronic absenteeism in California and across the country.
COMMENT
According to the author, “Providing for excused absences will afford California high school students the opportunity to participate in mandatory military entrance processing without potentially experiencing adverse consequences for having an unexcused absence on their records. Adding military entrance processing to the existing list of excused absences, which include attending career or employment conferences, is eminently fair and equitable. Students planning to pursue service in the United States military after completion of high school should not face undue administrative obstacles that might interfere with that very admirable path.”
Related Legislation:
AB 2771 (Maienschein, 2024) would require the California Department of Education to post information on its website about methods of reducing chronic absenteeism by the beginning of the 2026-27 school year.
AB 1884 (Ward, 2024) would authorize a student’s excused absence for purposes of spending time with a member of their immediate family who is an active duty member of the military and has been called to duty for, is on leave from, or has immediately returned from deployment, without requiring that the deployment be to a combat zone or combat support position.
AB 1503 (Lee, Chapter 846, Statutes of 2023) extends the excused absence provision for a student to attend a religious retreat from four hours or a half-day to one full day.
SB 350 (Ashby, Chapter 601, Statutes of 2023) adds, to the list of excused absences from school, that a pupil can be excused from school 1) the ability to miss school to receive victim services, grief support services, or attend safety planning, as specified; and 2) to attend a funeral or to grieve for no longer than five days, as specified.
SB 955 (Leyva, Chapter 921, Statutes of 2022) permits students in grades 6 – 12 to have one excused absence per year to participate in a civic or political event.
SB 14 (Portantino, Chapter 672, Statutes of 2021) includes, among other things, “for the benefit of the behavioral health of the pupil” within the “illness” category for excused absences for purposes of school attendance.
AB 516 (M. Dahle, Chapter 281, Statutes of 2021) adds participation in a cultural ceremony or event to the list of reasons that a pupil must be excused from school.
AB 1593 (Obernolte and Alejo, Chapter 92, Statutes of 2016) permits a pupil’s attendance at his or her naturalization ceremony to become a United States citizen to be deemed an excused absence for purposes of computing ADA.
POSITIONS
Sponsor: Clovis Veterans Memorial District.
Support: Clovis Veterans Memorial District.
Oppose: None on File.
-- END --
SENATE COMMITTEE ON EDUCATION
Senator Josh Newman, Chair
2023 - 2024 Regular
Bill No: Hearing Date: April 10, 2024
Author: | Newman | ||
Version: |
| ||
Urgency: | Fiscal: | ||
Consultant: | |||
Subject:
NOTE: This bill has been referred to the Committees on Education and Military and Veterans Affairs. A "do pass" motion should include referral to the Committee on Military and Veterans Affairs.
SUMMARY
This bill would add a pupil’s participation in military entrance processing to the list of excused absences.
BACKGROUND
Existing Law:
Education Code (EC)
- Clarifies that excused absences are deemed to be absences in computing average daily attendance (ADA) and shall not generate state apportionment payments. (EC § 48205)
- Provides a list of reasons that constitute an excused absence, which include, among others, that the absence of a student is to be excused when the absence is due to any of the following:
- Due to the pupil’s illness, including an absence for the benefit of the pupil’s mental or behavioral health; quarantine under the direction of a county or city health officer; have a medical, dental, optometric, or chiropractic services during school hours.
- For the purpose of attending the funeral services of a member of the pupil’s immediate family or spending time with a member of the pupil’s immediate family who is an active duty member of the uniformed services.
- Jury duty or justifiable personal reasons, including, but not limited to, an appearance in court, attendance at a funeral service, observance of a holiday or ceremony of the pupil’s religion, attendance at a religious retreat, attendance at an employment conference, or attendance at an educational conference on the legislative or judicial process offered by a nonprofit organization.
- Attending a naturalization ceremony to become a United States citizen or participating in a cultural ceremony or event.
- A middle school or high school pupil engaging in a civic or political event provided that the pupil notify the school ahead of the absence. (EC § 48205)
- Provides that a valid excuse may include other reasons that are within the discretion of school administrators and based on the facts of the pupil’s circumstances. (EC § 48260)
- Clarifies each person between the ages of 6 and 18 years subject to compulsory full-time education and each person subject to compulsory continuation education must attend the public full-time day school or continuation school or classes and for the full-time designated as the length of the schoolday by the governing board of the school district where the parent or guardian is located. (EC § 48200)
ANALYSIS
This bill would add a pupil’s participation in military entrance processing to the list of excused absences.
STAFF COMMENTS
- Need for the bill. According to the author, “Providing for excused absences will afford California high school students the opportunity to participate in mandatory military entrance processing without potentially experiencing adverse consequences for having an unexcused absence on their records. Adding military entrance processing to the existing list of excused absences, which include attending career or employment conferences, is eminently fair and equitable. Students planning to pursue service in the United States military after completion of high school should not face undue administrative obstacles that might interfere with that very admirable path.”
- What is Military Entrance Processing (MEP)? The MEP is a process in which the military assesses applicants for their qualifications to enter a branch of the U.S. armed forces. The Department of Defense operates MEPS facilities with the help of military and civilian personnel who specialize in determining an applicant's physical, mental, and moral readiness to enter the military. Completing a MEP screening typically takes two full days of tests and screenings. The MEP process includes medical screening, aptitude tests, and enlistment in the appropriate military branch.
- Unexcused Absences Trigger Truancy Provisions. While excused and unexcused absences may be treated the same for funding purposes, they are not treated the same for attendance purposes. A student absent from school without a valid excuse on any day or tardy for more than 30 minutes, or any combination thereof, for three days in a school year is considered a truant. By adding to the list of excused absences from school that a pupil is excused from school for the MEP, this bill could reduce the number of unexcused absences and, therefore, reduce the number of truancies.
- Excused Absences Do Not Generate ADA. In California, school funding is primarily calculated using ADA. Each time a student is absent, that absence negatively impacts the local educational agency (LEA’s) ADA, ultimately reducing their overall funding. While each absence may be insignificant relative to overall funding levels, absences affect overall funding in the aggregate. Under current law, all absences, whether excused or unexcused, reduce overall ADA.
- Chronic Absenteeism. Chronic absenteeism is when students miss 10 percent or more of school for any reason. If not addressed, this can lead to difficulties learning to read by Grade 3, reaching grade-level standards in middle school, and graduating from high school. The COVID-19 pandemic has led to a significant increase in chronic absenteeism in California and across the country. Addressing this issue is crucial in helping students catch up academically. This analysis examines the trends in chronic absenteeism through the 2022-23 school year, using data from the California Department of Education. Although there has been a decrease in chronic absence rates, they are still alarmingly high.
Statewide Rates of Chronic Absence from 2017-18 to 2022-23 |
In a report released by PACE, Unpacking California’s Chronic Absence Crisis Through 2022–23: Seven Key Facts, chronic absence rates increased from 12 percent (702,531 students) in 2018–19 to a high of 30 percent (1,799,734) in 2021–22. In 2022–23, there was a decrease of 5 percentage points to a chronic absenteeism rate of 25 percent (1,486,302 students). Although this modest decrease is a hopeful sign, rates are still much higher than they were prior to the pandemic.
Schools that serve socioeconomically disadvantaged (SED) students tend to have higher rates of chronic absenteeism. Only 2 percent of the most affluent schools (those serving 0–24 percent SED students) experience extreme levels of chronic absence. In comparison, 60 percent of schools serving 75 percent or more SED students have extreme levels of chronic absence. Due to the challenges posed by the pandemic, SED students are significantly behind their non-SED peers in academic performance. Chronic absence is also high among particular student populations, although all have experienced modest decreases in the last year. Students who are involved in the foster care system, are experiencing homelessness, and have been identified as having a disability have extraordinarily high levels of chronic absenteeism. In addition, Native American, Black, and Pacific Islander students have exceptionally high rates of chronic absence. For these populations, chronic absenteeism both reflects and exacerbates inequities. These high rates can reflect challenges facing students and families in the community (e.g., lack of access to health care, unreliable transportation, housing, and food insecurity, etc.) and within the school (e.g., bullying, unwelcoming school climate, biased disciplinary or attendance practices, or lack of a meaningful and culturally relevant curriculum). Such difficulties can affect students’ learning ability and cause them to fall farther behind because they miss invaluable instruction.
Chronic Absenteeism Rates By Student Group and Year |
The reasons behind chronic absenteeism are complex; hence addressing this issue requires a multifaceted approach. This approach should involve services that meet their basic needs, create a safe and welcoming school environment, and provide engaging and challenging learning opportunities. Furthermore, partnerships with community organizations and public agencies are crucial to tackle the barriers and challenges to school attendance that may be beyond the capacity of educators.
- Related Legislation.
AB 2771 (Maienschein, 2024) requires the California Department of Education (CDE) to post information on its website about methods of reducing chronic absenteeism by the beginning of the 2026-27 school year.
AB 1939 (Maienschein, 2024) this bill would require each county school attendance review board and each local school attendance review board to, at least annually, consult with specified pupils for the purpose of soliciting input that will assist board members in gaining a better understanding of, and proposing interventions for, pupil attendance challenges and behavioral challenges.
AB 1884 (Ward, 2024) Authorizes a student’s excused absence for purposes of spending time with a member of their immediate family who is an active duty member of the military and has been called to duty for, is on leave from, or has immediately returned from deployment, without requiring that the deployment be to a combat zone or combat support position.
AB 1503 (Lee, Chapter 846, Statutes of 2023) extends the excused absence provision for a student to attend a religious retreat from four hours or a half-day to one full day.
SB 350 (Ashby, Chapter 601, Statutes of 2023) adds, to the list of excused absences from school, that a pupil can be excused from school 1) the ability to miss school to receive victim services, grief support services, or attend safety planning, as specified; and 2) to attend a funeral or to grieve for no longer than five days, as specified.
SB 955 (Leyva, Chapter 921, Statutes of 2022) permits students in grades 6 – 12 to have one excused absence per year to participate in a civic or political event.
SB 14 (Portantino, Chapter 672, Statutes of 2021) includes, among other things, “for the benefit of the behavioral health of the pupil” within the “illness” category for excused absences for purposes of school attendance.
AB 516 (M. Dahle, Chapter 281, Statutes of 2021) added participation in a cultural ceremony or event to the list of reasons that a pupil must be excused from school.
AB 2289 (Weber and Gonzalez Fletcher, Chapter 942, Statutes of 2018) requires, among other things, parenting pupils to be excused from school without a doctor's note for the purpose of caring for their sick children or attending their children's medical appointments.
AB 1593 (Obernolte and Alejo, Chapter 92, Statutes of 2016) permits a pupil’s attendance at his or her naturalization ceremony to become a United States citizen to be deemed an excused absence for purposes of computing ADA.
SUPPORT
None received
OPPOSITION
None received
-- END --
Bill Author
Bill Co-Author(s):