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  








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            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.








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          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  








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          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