Governor Signs New Law to Keep Incarcerated Students in School

For immediate release:

Monday, September 23, 2024

SACRAMENTO - Yesterday Governor Gavin Newsom signed AB 2176, authored by Assemblymember Marc Berman (D-Menlo Park), which will expand the Office of Youth and Community Restoration's (OYCR) authority to support a public health approach to juvenile detention. The new law requires OYCR to develop an annual report on chronic absenteeism rates in juvenile court schools, authorizes investigations into the reasons for absenteeism, and facilitates technical assistance to address the identified causes.

"The California Constitution guarantees incarcerated youth the right to an equitable education, yet more than a dozen California court schools reported that over 30% of their students were chronically absent in the 2021-2022 school year. This new law 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 Governor Newsom for signing AB 2176 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."

"The Youth Law Center thanks Assemblymember Marc Berman, the California Legislature, and Gov. Newsom for passing and signing AB 2176 into law to improve outcomes for some of California's most underserved students by addressing chronic absenteeism in juvenile court schools. This legislation is an important step forward to ensure students in California's court schools are not left out of sight and out of mind. We hope that the Office of Youth and Community Restoration can further investigate causes of court school absenteeism and that the state will invest in necessary solutions to meet our legal mandate to ensure these students have access to school and our moral mandate to offer the quality education that can be a life changing intervention," said Christopher Middleton, Equal Justice Works Fellow at Youth Law Center Sponsored by Baker McKenzie & and Salesforce, Inc.

"California's constitution guarantees all students the right to an education. This includes students in juvenile detention facilities, whose access to education is simultaneously susceptible to disruption and critical to young peoples' success. AB 2176 provides an opportunity for county offices of education, the Office of Youth and Community Restoration, and probation departments to collaborate in identifying why some court schools experience chronic absenteeism and developing data-driven methods to ensure court school students can access their educations. PJDC looks forward to seeing how AB 2176 can support some of California's most vulnerable students: our clients in detention," said Pacific Juvenile Defender Center.

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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