Amended in Assembly April 25, 2013

Amended in Assembly March 14, 2013

California Legislature—2013–14 Regular Session

Assembly Bill No. 570

Introduced by Assembly Member Jones-Sawyer

February 20, 2013

An act to begin delete amend Section 46170 of, and to end delete add Section 48432.3 begin delete to, end delete begin insert to end insert the Education Code, relating to continuation schools.

LEGISLATIVE COUNSEL’S DIGEST

AB 570, as amended, Jones-Sawyer. Continuation schools: begin delete minutes of attendance end delete begin insert policies and procedures end insert : voluntary placement.

(1) Existing law establishes continuation schools to provide opportunities for pupils to complete the required academic courses of instruction to graduate from high school, to provide a program of instruction that emphasizes occupational orientation or a work-study schedule and offers intensive guidance services to meet the special needs of pupils, and to provide a program designed to meet the educational needs of each pupil, as specified. Existing law requires the governing board of each high school or unified school district that assigns pupils to continuation schools to adopt rules and regulations governing procedures for the involuntary transfer of pupils to continuation schools.

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Existing law requires the governing board of each school district to fix the length of the schoolday for the several grades and classes of the schools maintained by the district, subject to the provisions as prescribed. Under existing law, in continuation high schools and continuation education classes, a day of attendance is 180 minutes of attendance, but no pupil is credited with more than 15 hours of attendance per school week, proportionately reduced for those school weeks having weekday holidays on which classes are not held.

end delete begin delete

This bill would change the requirement of 180 minutes to 240 minutes for a day of attendance at a continuation high school or a continuation education class.

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This bill would require the governing boards of school districts that operate high schools to establish and adopt policies and procedures governing the identification, placement, and intake procedures for pupils who voluntarily enroll in continuation schools, based on a finding that the voluntary placement of the pupil will promote his or her educational interests. begin insert The bill would require that voluntary placement in continuation school not be used as an alternative to expulsion, except as specified, and would require that these policies and procedures ensure that no specific group of pupils, as specified, is disproportionately enrolled in continuation schools within the school district. end insert The bill would require these policies and procedures to be provided to pupils whose voluntary transfer to a continuation school is under consideration, and to the parents or legal guardians of those pupils. The bill would require that copies of these policies and procedures be made readily available to all pupils, and to all parents or legal guardians of pupils, at schoolsites and on the school’s or school district’s Internet Web site. The bill would require the State Department of Education to develop model standards for guiding school districts with respect to implementing the policies and procedures adopted under this bill. Because this bill establishes new duties for school districts, it would impose a state-mandated local program.

(2) 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 these statutory provisions.

Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: yes.

The people of the State of California do enact as follows:

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SECTION 1.  

Section 46170 of the Education Code is amended
to read:

46170.  

In continuation high schools and continuation education
classes, a day of attendance is 240 minutes of attendance, but no
pupil shall be credited with more than 15 hours of attendance per
school week, proportionately reduced for those school weeks
having weekday holidays on which classes are not held.

end delete

begin delete SEC. 2. end delete
begin insert SECTION 1. end insert   

Section 48432.3 is added to the Education Code,
to read:

48432.3.  

(a) The governing board of a school district that
operates at least one high school shall establish and adopt policies
and procedures governing the identification, placement, and intake
procedures for pupils who voluntarily enroll in continuation
schools. These policies and procedures shall ensure that there is a
clear criterion for determining which pupils may voluntarily
transfer or be recommended for a transfer to a continuation school
and that this criterion is not applied arbitrarily, but is consistently
applied on a districtwide basis. Approval for the voluntary transfer
of a pupil to a continuation school shall be based on a finding that
the voluntary placement will promote the educational interests of
the pupil.

(b) The policies and procedures adopted under this section shall
begin delete ensure both of the following: end delete

begin delete

(1) That no specific group of pupils, including a group based
on race, ethnicity, language status, or special needs, is
disproportionately enrolled in continuation schools within the
school district.

end delete

begin delete (2) end delete begin delete   end delete begin delete That end delete begin insert ensure that end insert voluntary placement in a continuation
school will not be used as an alternative to expulsion unless
alternative means of addressing a pupil’s behavior have been
considered and documented.

begin insert

(c) The policies and procedures adopted under this section shall
strive to ensure that no specific group of pupils, including a group
based on race, ethnicity, language status, or special needs, is
disproportionately enrolled in continuation schools within the
school district.

end insert begin delete

(c)

end delete

begin insert (d) end insert  A copy of the policies and procedures adopted under this
section shall be provided to a pupil whose voluntary transfer to a
continuation school is under consideration, and to the parents or
legal guardians of that pupil. Copies of these policies and
procedures shall also be made readily available to all pupils, and
to all parents or legal guardians of pupils, at schoolsites and on
the school’s or school district’s Internet Web site.

begin delete

(d)

end delete

begin insert (e) end insert  The department shall develop model standards for guiding
school districts with respect to implementing the policies and
procedures they adopt under this section to govern the
identification, placement, and intake procedures for pupils who
voluntarily enroll in continuation schools.

begin delete SEC. 3. end delete
begin insert SEC. 2. end insert   

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.