History of SARB
The School Attendance Review Board was created by an act of the California Legislature due to Municipal Courts being bottle necked with criminal cases. School Attendance Review Boards now operate under very specific rules outlined in the California Education Code.
Prior to the formation of SARB, a school district would make a direct referral to the District. Attorney's Office who would review the complaint and, if appropriate, take the case to court.
Purpose of SARB:
Process to deal with attendance/behavior issues that site staff have been unable to correct.
First step in the legal process.
A process that may lead to a Community Day School placement.
What SARB is:
A function of the school district.
A legal hearing.
A mediation process between district personnel, board members, offending student(s) and their parent(s), in an attempt to find avenues and options to help the child be successful.
To inform parents of the laws and their legal responsibilities.
The last step before the school site refers the students case to the District Office to file a criminal complaint against the parent.
What SARB is not:
Laws and Regulations
1. Truant Pupils
(a) Any pupil subject to compulsory full-time education or to compulsory continuation education who is absent from school without valid excuse three full days in one school year or tardy or absent for more than any 30-minute period during the school day without a valid excuse or three occasions in one school year, or any combination thereof, is a truant and shall be reported to the attendance supervisor or the superintendent of the school district.
Upon a pupil's initial classification as a truant, the school district shall notify the pupil's parent(s) or guardian, by first class mail or other reasonable means, of the following:
(a) That the pupil is truant.
(b) That the parent or guardian is obligated to compel the attendance of the pupil at school.
(c) That parents or guardians who fail to meet this obligation may be guilty of an infraction and subject to prosecution pursuant to Article 6 (commencing with Section 48290) of Chapter 2 of part 27.
(d) That alternative educational programs are available in the district.
(e) That the parent or guardian has the right to meet with appropriate school personnel to discuss solutions to the pupil's truancy.
(f) That the pupil may be subject to prosecution under Section 48264. Tulare County Juvenile Courts will not hear these cases. (Per Judge Silvera)
(g) That the pupil may be subject to suspension, restriction, or delay of the pupil's driving privilege pursuant to Section 13202.7 of the Vehicle Code.
(h) That it is recommended that the parent or guardian accompany the pupil to school and attend classes with the pupil for one day. (Amend. Stats. 1994, Ch. 1023)
Any pupil is deemed an habitual truant who has been reported as a truant on more than 3 occasions per school year, provided that no pupil shall be deemed an habitual truant unless an appropriate school official or employee has made a conscientious effort to hold at least one conference with a parent or guardian of the pupil and the pupil himself, after the filing of either of the reports required by Section 48260 or Section 48261. (Amend. Stats. 1976, Ch. 1010)
2. Arrest of Truant Pupil
Who May Arrest
The attendance supervisor or his or her designee, a peace officer, a school administrator or his or her designee, or a probation officer may arrest or assume temporary custody, during school hours, of any minor subject .to compulsory full-time education or to compulsory continuation education found away from his home and who is absent from school without valid excuse within the county, city or city and county, or school district. (Amend. Stats. 1994, Ch. 1023)
Any pupil who has once been adjudged an habitual truant or habitual insubordinate or disorderly during attendance at school by the juvenile court of the county, or has been found to be a person described in Section 602 and as a condition of probation is required to attend a school program approved by a probation officer, who is reported as a truant from school one or more. days or tardy on one or more days without valid excuse, in the same school year or in a succeeding year, or habitually insubordinate or disorderly during attendance at school, shall be brought to the attention of the pupil's probation or parole officer within 10 days of the reported violation.
Referral to S.A.R.B.
If it appears upon investigation that any parent, guardian or other person having control or charge of any child has violated any of the provisions of this chapter, the secretary of the board of education, except as provided in Section 48292, or the clerk of the board of trustees, shall refer such person to a school attendance review board. In the event that any such parent, guardian, or other person continually and willfully fails to respond to directives of the school attendance review board or services provided, the school attendance review board shall direct the school district to make and file in the proper court a criminal complaint against the parent, guardian, or other person, charging the violation, and shall see that the charge is prosecuted by the proper authority. In the event that a criminal compliant is not prosecuted by the school attendance review board with a written explanation not to prosecute. (Amend. Stats. 1980, Ch. 1329)
Local school attendance review boards may include, but need not be limited to, a parent and representatives of (1) school districts, (2) the county probation department, (3) the county welfare department, and (4) the county superintendent of schools, (5) law enforcement agencies, (6) community-based youth service centers, (7) school guidance personnel, and (8) child welfare and attendance personnel. Other persons or group representatives shall be appointed by the county board of education.
Filing Complaints- Attendance Supervisor
In counties, cities, and cities and counties, and in school districts having an attendance supervisor, the attendance supervisor shall make and file the complaint provided for by this article and shall see that the charge is prosecuted by the proper authorities. (Amend. Stats. 1976, Ch. 1010)
Failure to Comply Penalties
(a) Any parent, guardian, or other person having control or charge of any pupil who fails to comply with this chapter, unless excused or exempted there from, is guilty of an infraction and shall be punished as follows:
(1) Upon a conviction, by a fine of not more than one hundred dollars ($100).
(2) Upon a second conviction, by fine of not more than two hundred dollars ($200)
(3) Upon a third or subsequent conviction, if the person has willfully refused to comply with this section, by a fine of not more then five hundred dollars ($500). In lieu of imposing the fines prescribed in paragraphs (1), (2), and (3), the court may order the person to be placed in a parent education and counseling program.
(b) A judgment that a person convicted of an infraction be punished as prescribed in subdivision (a) may also provide for the payment of the fine within a specified time or in specified installments, or for participation in the program. A judgment granting a defendant time to pay the fine or prescribing the days of attendance in a program shall order that if they attend a program on a prescribed date, he or she shall appear in court on the date for further proceedings. Willful violation of the order is punishable as contempt.