BILL ANALYSIS Ó AB 570 Page 1 Date of Hearing: April 17, 2013 ASSEMBLY COMMITTEE ON EDUCATION Joan Buchanan, Chair AB 570 (Jones-Sawyer) - As Amended: March 14, 2013 SUBJECT : Continuation schools: minutes of attendance: voluntary placement SUMMARY : Increases the length of the minimum day for continuation high schools and requires the governing boards of school districts that operate continuation high schools to adopt policies and procedures for the identification, placement, and intake of pupils who voluntarily enroll in them. Specifically, this bill : 1)Increases the requirement for a minimum day of attendance at a continuation school or a continuation education class from 180 minutes to 240 minutes. 2)Requires the governing board of a school district that operates at least one high school to establish and adopt policies and procedures governing the identification, placement, and intake procedures for pupils who voluntarily enroll in continuation schools. 3)Requires district policies and procedures to ensure that: a) 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 applied consistently on a district-wide basis; b) 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 district; and c) The 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. 4)Requires that approval of a voluntary transfer to a continuation school shall be based on a finding that the AB 570 Page 2 placement will promote the educational interests of the pupil. EXISTING LAW establishes continuation education as an alternative high school diploma program for pupils who are sixteen years of age or older, have not graduated from high school, are still required to attend school, and who are at risk of not graduating. Existing law also: 1)Requires governing boards of districts that assign pupils to continuation schools to adopt rules and regulations governing the procedures for the involuntary transfer of pupils to those schools, as specified. 2)Allows pupils to voluntarily transfer to a continuation school with the concurrence of a designee of the district superintendent in order to receive special attention such as individualized instruction. FISCAL EFFECT : Unknown COMMENTS : Continuation education is an alternative high school diploma program for pupils who are sixteen years of age or older, have not graduated from high school, are still required to attend school, and who are at risk of not graduating. Many students in continuation education are behind in high school credits. Others may need a flexible school schedule because they have jobs outside of school. Some pupils choose continuation education because of family needs or other circumstances. Students who attend continuation high schools must spend at least 15 hours per week or three hours per day at school. They take courses that are required for graduation. They also receive guidance and career counseling. Some programs offer independent study, job-placement services, and concurrent enrollment in community college. An April 2008 report by WestEd called, "Alternative Education Options: A Descriptive Study of California Continuation High Schools," reports the following findings regarding the characteristics of pupils in continuation high schools: 1)Most lack sufficient credits to remain on track to graduate with their age cohort. 2)Most have multiple risk behaviors and other nonacademic learning barriers. AB 570 Page 3 3)Pupils in continuation high schools are more likely to be racially or ethnically concentrated that those in comprehensive high schools. 4)English learners are also over-represented in continuation high schools. 5)They are three times more likely than pupils in comprehensive high schools to be in foster care. 6)They are more likely to move from school to school and spend less time in any one school. Existing law establishes continuation high schools as both a voluntary alternative for under-credited pupils and a place for the involuntary transfer of pupils for reasons unrelated to academic performance if it is determined that the pupil's presence causes a danger to persons or property or threatens to disrupt the instructional process at the comprehensive high school. A May 2012 report from The California Alternative Education Research Project called, "Raising the Bar, Building Capacity: Driving Improvement in California's Continuation High Schools," states that, taken together, the provisions for both voluntary and involuntary transfers to continuation high schools "?suggest that a continuation high school should provide a high quality alternative route to the diploma for struggling students, but it can also be a dumping ground for students deemed too disruptive for comprehensive schools. In fact, we saw many schools where both types of students were placed in the same classroom creating an untenable situation for teachers and principals trying to create a coherent set of student supports." According to the author's office, clear intake, identification, and placement procedures can help resolve this problem. In addition, the author's office states that increasing the minimum day from 180 to 240 minutes will help ensure that enough time is provided to meet the needs of continuation high school pupils. Increasing the minimum day for continuation high schools from 180 to 240 minutes is intended to provide additional time to provide instructional and other services for continuation AB 570 Page 4 students. However, 180 minutes is the minimum, not the maximum school day. School districts may offer more minutes than the minimum, and according to the author's office, many do. Many pupils with work or other out-of-school responsibilities, however, may not be able to attend a continuation school for a longer minimum day. A longer day could have the unintended consequence of forcing these pupils out, creating more dropouts. Therefore, staff recommends the bill be amended to strike this change. This bill also addresses the finding in the WestEd report that pupils in continuation high schools are more likely to be racially or ethnically concentrated that those in comprehensive high schools. It does this by requiring the district policy 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 district. However, compliance with this requirement could force the placement of pupils in less appropriate settings. Therefore, staff recommends that the bill be amended to strike this requirement and instead require that the district policy "seek to ensure" that 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 district. REGISTERED SUPPORT / OPPOSITION : Support None received Opposition None received Analysis Prepared by : Rick Pratt / ED. / (916) 319-2087