Amended in Senate June 13, 2013

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 BillNo. 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.

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.

This bill would, if the governing board of a school district chooses to voluntarily enroll high school pupils in a continuation school, require the governing board to establish and adopt policies and procedures governing the identification, placement, and intake procedures for these pupils, based on a finding that the voluntary placement of the pupil will promote his or her educational interests. The bill would requirebegin insert the adopted policies and procedures to ensure, among other things,end insert that voluntary placement in continuation school not be used as an alternative to expulsion, except as specified,begin delete and would require that these policies and procedures ensureend delete that no specific group of pupils, as specified, is disproportionately enrolled in continuation schools within the schoolbegin delete district. The bill would require theseend deletebegin insert district, that theend insert policies and proceduresbegin delete toend delete be provided tobegin delete pupilsend deletebegin insert pupils, and to the parents and legal guardians of pupils,end insert whose voluntary transfer to a continuation school is under consideration,begin delete and to the parents or legal guardians of those pupilsend deletebegin insert and that before a pupil is transferred, the pupil and his or her parent or legal guardian meet with a counselor, principal, or administrator from both the transferor school and the continuation school to determine if transferring is the best option for the pupilend insert.

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

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

P2    1

SECTION 1.  

Section 48432.3 is added to the Education Code,
2to read:

3

48432.3.  

(a) If the governing board of a school district chooses
4to voluntarily enroll high school pupils in a continuation school,
5the governing board shall establish and adopt policies and
6procedures governing the identification, placement, and intake
7procedures for these pupils. These policies and procedures shall
8ensure that there is a clear criterion for determining which pupils
9may voluntarily transfer or be recommended for a transfer to a
10continuation school and that this criterion is not applied arbitrarily,
11but is consistently applied on a districtwide basis. Approval for
12the voluntary transfer of a pupil to a continuation school shall be
13based on a finding that the voluntary placement will promote the
14educational interests of the pupil.

15(b) The policies and procedures adopted under this section shall
16begin insert also end insertensure begin deletethat voluntary end deletebegin insertall of the following: end insert

17begin insert(1)end insertbegin insertend insertbegin insertThat voluntaryend insert placement in a continuation schoolbegin delete willend deletebegin insert shallend insert
18 not be used as an alternative to expulsion unless alternative means
19of correction have been attempted pursuant to Section 48900.5.

begin delete

P3    1(c) The policies and procedures adopted under this section shall
2strive to ensure that

end delete

3begin insert(2)end insertbegin insertend insertbegin insertThatend insert no specific group of pupils, including a group based
4on race, ethnicity, language status, or special needs, is
5disproportionately enrolled in continuation schools within the
6school district.

begin delete

7(d)

end delete

8begin insert(3)end insert Ifbegin delete aend deletebegin insert theend insert governing boardbegin insert of a school districtend insert chooses to permit
9pupils to voluntarily transfer to a continuation school, a copy of
10the policies and procedures adopted under this section shall be
11provided to a pupil whose voluntary transfer to a continuation
12school is under consideration, and to thebegin delete parentsend deletebegin insert parentend insert or legal
13begin delete guardiansend deletebegin insert guardianend insert of that pupil.

begin insert

14(4) The notification of transfer shall specify that the transfer is
15voluntary and that the pupil has a right to return to his or her
16previous school if the transfer does not meet the pupil’s educational
17needs.

end insert
begin insert

18(5) Before a pupil is transferred, the pupil and his or her parent
19or legal guardian shall meet with a counselor, principal, or
20administrator from both the transferor school and the continuation
21school to determine if transferring is the best option for the pupil.

end insert
begin insert

22(6) To the extent possible, voluntary transfer to a continuation
23school occurs within the first four weeks of each semester.

end insert


O

    95