Legislature Passes Bill to Keep Incarcerated Students in School

Bill is sponsored by the Santa Clara County Office of Education

For immediate release:

Monday, August 26, 2024

SACRAMENTO -Today Assemblymember Marc Berman (D-Menlo Park) announced the passage through the Legislature of AB 2176, which will expand the Office of Youth and Community Restoration's (OYCR) authority to support a public health approach to juvenile detention. If signed by the Governor, the bill will require OYCR to develop an annual report on chronic absenteeism rates in juvenile court schools, investigate the reasons for absenteeism, and provide technical assistance to address the identified causes.

"The California Constitution guarantees incarcerated youth the right to an equitable education, yet in some counties youth in juvenile facilities are prevented from accessing school for more than 10% of the year. AB 2176 is an urgently needed intervention to address the root causes of institutions denying youth access to school," said Assemblymember Marc Berman. "Chronic absenteeism is linked to lower graduation rates, diminished academic achievement, and reduced college attendance. We must ensure that all children have access to school, even while they are incarcerated. Thank you to the Santa Clara County Office of Education for their partnership in our effort to strengthen the fundamental right to an equitable education."

Assemblymember Marc Berman thanks education partners, including the Santa Clara County Office of Education, the California County Superintendents, and the California Federation of Teachers, as well as a broad coalition of equity groups, including ACLU, the Youth Law Center, and Public Counsel, for championing this bill.

"Education is critical to the growth, wellbeing, and reintegration of incarcerated individuals, especially youth," stated Dr. Mary Ann Dewan, Santa Clara County Superintendent of Schools. "Research shows that denying access to education increases recidivism, violence in juvenile halls, and suicidal ideation among incarcerated youth. AB 2176 will re-affirm every child's fundamental right to an equitable education in California and establish new systems to support juvenile justice programs that are struggling to ensure children have access to school. I am grateful to Assemblymember Berman for his courageous advocacy in support of California's youth."

AB 2176 continues the proud legacy of the California Legislature and Governor ensuring that detention for youth is truly restorative and centers a public health approach.

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