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Home My WebLink About2013/03/19 Item 05 - Additional Information - Truancy Ordinance Revision Chula Vista’s Truancy Ordinance Staff Recommendation for 2013 Revision March 5, 2013 City Council City of Chula Vista Chula Vista’s Truancy Law Chapter 9.09, CVMC  Enacted in 1998 – To address daytime truancy by minors – Just one of many Law Enforcement tools – Note: Chapter was originally titled, “Loitering” Probably reflecting the statute’s original intent (to – prohibit certain “loitering” activities) The statute’s scope was narrowed during 1998 – council discussions, but chapter was never renamed. Why a Truancy Ordinance? “Thepurpose…istoreducethe incidenceofjuveniletruancythat plaguesourschoolsandcreatesa burdenuponthehealth,safety,and welfareofthecommunity.” CVMC 9.09.030 The Impacts of Truancy Students absent from school may…  Be denied an education – Cause the loss of state and federal funds – which impacts all students Involve themselves in unsafe activities, – which impacts the students and families Engage in criminal activity, which – impacts the entire community Become a burden on police resources – Evidence of Truancy’s Burden JuvenileTruancyislinkedtoJuvenile  CrimeandAntisocialBehavior Asampleofverifiedstudies:  1991Truancyisan“earlywarningsign”offutureproblems 1991Truancyisthemostcommontraitofthemostseriousjuvenile offenders 1993About24%ofserioustruantsneedalcohol/drugtreatment 199651%oftruantdetaineestestpositivefordruguse 1996Truancyenforcementprecedes68%dropindaytimecrime 1996Truantdetaineesmorelikelytotestpositivefordruguse 1998Adoptionoftruancyordinanceprecedes8%dropinresidential burglaries,12%dropinvehicleburglaries,18%dropin shoplifting,and9%dropinoveralltheft-relatedcrimes Evidence of Truancy’s Burden A sample of verified studies (cont.):  2004Increasing graduation rates by 1% would yield $1.8 billion in social benefits, largely by preventing about 94,000 crimes each year 2004Habitual pattern of truancy beginning in elementary school is typical of our most tragic death-row inmates 2005Data suggests a linear relationship between truancy and starting to use marijuana 2005Truants are 4-times as likely to report committing a serious assault, and 5-times as likely to report committing a serious property crime 2005Chronic truants are 12-times as likely to report committing a serious assault, and 21-times as likely to report committing a serious property crime 2006More crimes are committed by school-aged youth during school hours than at other times Enforcement Procedures Officer has discretion to:  Arrest violator, – Issue violator a citation, – Call for parent/guardian, – Transport violator to school, or – Take no enforcement action – Enforcement Data Calendar YearCitations/arrests 2009299 2010304 2011120 2012161 2013 9 THRU 2-1-2013 Truancy Sweeps Truancy “sweeps”  None since 2010 – Prior to 2010: – Police partnered with school district • Sweeps conducted in truancy “hot spots” • Most violators delivered directly to • school, with administrative action only Potential Consequences Legal Action  Violators referred to Juvenile Division, – County Probation Department Most assigned “diversion-like” probation, • resulting in no criminal record Most violations handled informally – No court proceedings or other legal action • So Why the Change? Existing law…  Lacked some specific definitions – Some sections up to interpretation – Some sections/fines out of date – Did not provide exceptions for today’s – common circumstances, such as: Private and Charter schools • Independent study programs • Tutor programs • Other programs and circumstances • Revised Law: How Applied Law applies…  Only to minor students applicable – Only outside school and home – Only between 8:30 am and 1:30 pm – Only when required to be in school – Statutory exemptions…  Emergencies & medical care – With parent / guardian – Not required to attend school – Employment – Alternative education programs when student is – not required to be in school Revised Law: Potential Fines Fines updated consistent with  schedule $100 for 1offense st – $200 for 2offense within 12 months nd – $500 for subsequent offenses within 12 – months Chula Vista’s Truancy Ordinance Staff Recommendation: FIRST READING Thank You BLANK SLIDE DIVIDER Truancy Ordinance: Existing Definition Juveniles may not be in any public  place (other than school or home) when… It’s between 8:30 a.m. and 1:30 p.m., – It’s a day when school is in session for that – juvenile, and The juvenile is subject to compulsory – education or to compulsory continuing education Truancy Ordinance: Existing Exceptions Juveniles are excepted when…  Accompanied by parent or guardian; – On an emergency errand directed by parent/guardian; – Going directly to/from a place of school-approved – employment; Going directly to/from a medical appointment; – Has permission to leave the school campus for lunch – and possesses a valid off-campus permit; Going directly to/from a compulsory alternative – education program activity; Truancy Ordinance: Existing Exceptions (continued) Juveniles are excepted when…  Attending or going to/from (without detour or stop) an – official school, religion, government-sponsored activity, or other recreation activity supervised by adults; Obtaining/providing medical care of parent or family – member; Officially enrolled in home schooling; or – They have passed a G.E.D. test and received a – California high school equivalency certificate. Revised Ordinance Specific definitions for terminology:  Alternative education – Compulsory education – Compulsory continuation education – Compulsory alternative education – Home school instruction – Independent study – Session – Definitions crafted to include  possible future educational programs Revised Ordinance New exception for Alternative  Education programs Clarifies what is an “emergency”  Clarifies exception for medical care  Updates reference to G.E.D.  Now called California High School – Proficiency Exam