Amended in Assembly May 24, 2013

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 add Section 48432.3 to the Education Code, relating to continuation schools.

LEGISLATIVE COUNSEL’S DIGEST

AB 570, as amended, Jones-Sawyer. Continuation schools: policies and procedures: voluntary placement.

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(1) Existing

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begin insert end insert begin insert Existing end insert 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.

This bill would begin insert , if the governing board of a school district chooses to voluntarily enroll end insert begin insert high school pupils in a continuation school, end insert require the governing begin delete boards of school districts that operate high schools end delete begin insert board end insert to establish and adopt policies and procedures governing the identification, placement, and intake procedures for begin insert these end insert pupils begin delete who voluntarily enroll in continuation schools end delete , based on a finding that the voluntary placement of the pupil will promote his or her educational interests. 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. 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. begin delete 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. end delete

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(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.

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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.

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Vote: majority. Appropriation: no. Fiscal committee:  begin delete yes end delete begin insert no end insert . State-mandated local program:  begin delete yes end delete begin insert no end insert .

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

SECTION 1.  

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

48432.3.  

(a)  begin delete The end delete begin insert If the end insert governing board of a school district
begin delete that end delete begin delete operates at least one high school end delete begin insert chooses to voluntarily enroll end insert
begin insert high school pupils in a continuation school, the governing board end insert
shall establish and adopt policies and procedures governing the
identification, placement, and intake procedures for begin delete pupils who
voluntarily enroll in continuation schools end delete begin insert these pupils end insert . 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
ensure that voluntary placement in a continuation school will not
be used as an alternative to expulsion unless alternative means of
begin delete addressing a pupil’s behavior have been considered and
documented end delete begin insert correction have been attempted pursuant to Section
48900.5 end 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.

(d)  begin delete A end delete begin insert If a governing board chooses to permit pupils to
voluntarily transfer to a continuation school, a end insert 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.
begin delete 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. end delete

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(e) 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.

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SEC. 2.  

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.

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