Amended in Senate July 3, 2013

Amended in Senate June 19, 2013

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 require the adopted policies and procedures to ensure, among other things, that voluntary placement in continuation school not be used as an alternative to expulsion, except as specified, that no specific group of pupils, as specified, is disproportionately enrolled in continuation schools within the school district, that the policies and procedures be provided to pupils, and to the parents and legal guardians of pupils, whose voluntary transfer to a continuation school is under consideration, and that before a pupil is transferred, the pupil and his or her parent or legal guardian may 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 pupil.

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 boardbegin insert of the school districtend insert shall establish and adopt
6policies and procedures governing the identification, placement,
7and intake procedures for these pupils. These policies and
8procedures shall ensure that there is a clear criterion for
9determining which pupils may voluntarily transfer or be
10recommended for a transfer to a continuation school and that this
11criterion is not applied arbitrarily, but is consistently applied on a
12districtwide basis. Approval for the voluntary transfer of a pupil
13to a continuation school shall be based on a finding that the
14voluntary placement will promote the educational interests of the
15pupil.

16(b) The policies and procedures adopted under this section shall
17also ensure all of the following:

P3    1(1) That voluntary placement in a continuation school shall not
2be used as an alternative to expulsion unless alternative means of
3correction have been attempted pursuant to Section 48900.5.

4(2) Shall strive to ensure that no specific group of pupils,
5including a group based on race, ethnicity, language status, or
6special needs, is disproportionately enrolled in continuation schools
7within the school district.

8(3) If the governing board of a school district 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 the parent or legal guardian
13of that pupil.

14(4) begin deleteThe 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 delete
begin insert That the transfer is voluntary and the pupil has a right to
18return to his or her previous school.end insert

19(5) Upon a parent or legal guardian’s request andbegin delete prior toend deletebegin insert beforeend insert
20 a pupilbegin delete beingend deletebegin insert isend insert transferred, the parent or legal guardian may meet
21with a counselor, principal, or administrator from both the
22transferor school and the continuation school to determine if
23transferring is the best option for the pupil.

24(6) To the extent possible, voluntary transfer to a continuation
25school occurs within the first four weeks of each semester.



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