BILL ANALYSIS Ó
SENATE COMMITTEE ON EDUCATION
Carol Liu, Chair
2013-2014 Regular Session
BILL NO: AB 570
AUTHOR: Jones-Sawyer
AMENDED: June 19, 2013
FISCAL COMM: No HEARING DATE: June 26, 2013
URGENCY: No CONSULTANT: Lynn Lorber
SUBJECT : Continuation schools: procedures for voluntary
transfer.
SUMMARY
This bill requires school districts that choose to
voluntarily enroll pupils in a continuation school to adopt
policies and procedures regarding the voluntary transfer of
pupils.
BACKGROUND
Current law:
1) Requires school districts to permit a pupil who is
16-18 years old and has not graduated from high school
to enroll in continuation classes. (Education Code §
48413)
2) States legislative intent that continuation schools
and classes provide an opportunity for pupils to
complete the courses required for high school
graduation, a program of instruction which emphasizes
occupational orientation or work-study and offers
intensive guidance services, a program designed to
meet the educational needs of each pupil.
(EC § 48430)
3) Provides that the minimum schoolday for continuation
schools is 180 minutes of attendance, and caps the
credited hours of attendance per week at 15 hours.
(EC § 46170)
Voluntary transfer
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Current law:
1) Authorizes a pupil, with the consent of a designee of
the district superintendent, to transfer voluntarily
to a continuation school to receive special attention
such as individualized instruction.
2) Provides that a pupil who has voluntarily transferred
to a continuation school has the right to return to
the regular high school at the beginning of
the following year or any time with the consent of a
designee of the district superintendent. (EC §
48432.5)
Involuntary transfer
Current law:
1) Limits the involuntary transfer of a pupil to a
continuation school to situations where it is found
that the pupil meets either of the following criteria:
a) Committed any of the 24 acts for which a
pupil may be suspended or recommended for
expulsion. (This does not require that a pupil
actually be suspended or expelled to meet the
criteria for involuntary transfer to a
continuation school.)
b) Has been habitually truant or irregular in
attendance.
2) Provides that involuntary transfers to a continuation
school are to be imposed only when other means fail to
bring about pupil improvement, yet authorizes an
involuntary transfer upon the first offense if the
principal determines the pupil causes a danger to
people or property, or threatens to disrupt the
instructional process.
3) Requires the decision to transfer a pupil to be in
writing, stating the facts and reasons for the
decision, and sent to the pupil and the pupil's parent
or guardian. This notification must indicate whether
the decision is subject to periodic review and the
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procedure therefor.
4) Requires the governing board of a school district that
assigns pupils to continuation schools to adopt rules
and regulations governing procedures for the
involuntary transfer of pupils to continuation
schools. The rules and regulations include requiring
written notice be given to the pupil and his or her
parent or guardian informing them of the opportunity
to request a meeting with a designee of the district
superintendent prior to the transfer. At the meeting,
the pupil and parent or guardian is to be informed of
the specific facts and reasons for the proposed
transfer. The pupil and parent or guardian is to have
the opportunity to inspect all documents relied upon,
question any evidence and witnesses presented and
present evidence on the pupil's behalf. The pupil may
designate one or more representatives and witnesses to
be present with him or her at the meeting.
5) Prohibits an involuntary transfer from extending
beyond the end of the semester following the semester
during which the pupil committed the acts that lead to
the transfer, unless the governing board of the
district adopts a procedure for yearly review of the
transfer at the request of the pupil or parent or
guardian. (EC § 48432.5)
ANALYSIS
This bill
1) Requires the governing board of a school district, if
it chooses to voluntarily enroll high school pupils in
a continuation school, to establish and adopt policies
and procedures governing the identification, placement
and intake procedures for these pupils.
2) Requires approval for the voluntary transfer to be
based on a finding that the placement will promote the
educational interests of the pupil.
3) Authorizes a pupil and parent or guardian, upon the
request of a parent or guardian, to meet with a
counselor, principal or administrator from both the
home school and the continuation school prior to the
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transfer of a pupil to determine if transferring is
the best option for the pupil.
4) Requires the policies and procedures to ensure:
a) There is a clear criterion for
determining which pupils may voluntarily transfer
or be recommended for a transfer.
b) This criterion is consistently
applied on a district wide basis.
c) Voluntary placements in a
continuation school are not used as an
alternative to expulsion unless alternative means
of correction have been attempted as required by
current law.
d) Strive to ensure that no specific
group of pupils, including based on race,
ethnicity, language status, or special needs, is
disproportionately enrolled in continuation
schools within the school district.
e) That voluntary transfers occur
within the first four weeks of each semester, to
the extent possible.
5) Requires a copy of the policies and procedures to be
provided to a pupil whose voluntary transfer is under
consideration, and to the parent or guardian. The
notification of transfer must also specify that the
transfer is voluntary and that the pupil has the right
to return to his or her previous school if the
transfer does not meet the pupil's educational needs.
STAFF COMMENTS
1) Need for the bill . According to the author,
"Continuation schools are supposed to create a rich
set of options that provide a safety net for students
who are at risk of dropping out of school. In spite
of this goal, research done by the Chief Justice
Warren Institute on Law & Social Policy and the John
W. Gardner Center for Youth titled Raising the Bar,
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Building Capacity (2012) found that these schools are
often a 'dumping ground' for students who are pushed
out of regular high school. Careful identification
and placement practices allow district offices and
receiving schools to develop support services targeted
to students' specific needs."
2) How are students transferred voluntarily ? Current law
authorizes a pupil to voluntarily transfer to a
continuation school with the consent of a designee of
the district superintendent. This bill requires
approval for the voluntary transfer to be based on a
finding that the continuation school will promote the
educational interests of the pupil. Though broad,
this provides some guidance for the designee of the
district superintendent to determine whether to
consent to the voluntary transfer of a pupil to a
continuation school.
3) Technical amendments . This bill requires the
notification of transfer to specify that the transfer
is voluntary and that the pupil has the right to
return to his or her previous school if the transfer
does not meet the pupil's educational needs. However,
this bill does not address a notification of transfer,
nor is such notification referenced in the Education
Code. Further, current law requires that a pupil who
voluntarily transferred to a continuation school have
the right to return to the regular high school at the
beginning of the following school year or sooner with
the consent of the district (without any other
conditions). Staff recommends an amendment to instead
require the policies and procedures to ensure that the
transfer is voluntary and that the pupil has a right
to return to his or her previous school without the
condition regarding the pupil's educational needs
being unmet. (On page 3, strike lines 14-17 and
insert "That the transfer is voluntary and that the
pupil has a right to return to his or her previous
school.")
4) Fiscal impact . This bill creates cost pressure by
requiring school districts that choose to voluntarily
enroll pupils in continuation schools to take
specified actions. Most school districts allow pupils
to voluntarily transfer to a continuation school;
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current law specifically authorizes pupils to
voluntarily transfer with the consent of a designee of
the district superintendent. According to the
Assembly Appropriations Committee, one-time General
Fund/Proposition 98 cost pressure, likely less than
$500,000, to school districts that choose to
voluntarily enroll pupils in continuation high
schools.
5) Related legislation . SB 744 (Lara) requires parental
consent for referrals to a county community school or
community day school by a school attendance review
board (SARB), school district, or probation
department, except for situations where a student is
expelled or pursuant to a court order. This bill also
establishes the right of a student to reenroll in
his/her former school or another school upon
completion of the term of involuntary transfer to a
county community school or community day school. SB
744 is scheduled to be heard by the Assembly Education
Committee on June 26.
SUPPORT
None on current version.
OPPOSITION
None on file.