BILL ANALYSIS                                                                                                                                                                                                    Ó




                   Senate Appropriations Committee Fiscal Summary
                            Senator Kevin de León, Chair


          AB 570 (Jones-Sawyer) - Continuation Schools: Voluntary  
          Placement 
          
          Amended: July 3, 2013           Policy Vote: Education 9-0
          Urgency: No                     Mandate: No
          Hearing Date: August 12, 2013                                
          Consultant: Jacqueline Wong-Hernandez                       
          
          This bill may meet the criteria for referral to the Suspense  
          File. 

          
          Bill Summary: AB 570 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, as specified. This bill further  
          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, as specified. 
          
          Fiscal Impact: Likely minor, but potentially significant,  
          increase in local costs and workload for school districts which  
          allow voluntary transfers to continuation schools, to the extent  
          that their current local policies and procedures do not adhere  
          to the requirements of this bill; those school districts would  
          have to develop new, compliant processes and procedures or  
          disallow voluntary transfers to continuation schools.

          Background: Continuation schools are an alternative high school  
          education program for students who are 16 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, regarding the the voluntary transfer of a pupil  
          from a traditional high school to a continuation school,  
          provides that:

          1)   With the consent of a designee of the district  
               superintendent, a pupil may transfer voluntarily to a  
               continuation school to receive special attention such as  
               individualized instruction.  








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          2)   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.  

          Existing law, regarding the involuntary transfer of a pupil from  
          a traditional high school to a continuation school, provides  
          that:

          1)   The involuntary transfer of a pupil to a continuation  
               school is limited to situations where it is found that the  
               pupil has either: a) Committed any of the 24 acts for which  
               a pupil may be suspended or recommended for expulsion; or,  
               b) has been habitually truant or irregular in attendance.  

          2)   Involuntary transfers to a continuation school are to be  
               imposed only when other means fail to bring about pupil  
               improvement. However, it also 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)   The decision to transfer a pupil must 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 procedure for review.  

          4)   The governing board of a school district that assigns  
               pupils to continuation schools must 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 must have the  
               opportunity to inspect all documents relied upon, question  
               any evidence and witnesses presented and present evidence  
               on the pupil's behalf. 









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          5)   An involuntary transfer cannot extend 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.  (Education Code § 48432.5)

          Proposed Law: AB 570 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. This bill requires the policies and  
          procedures: a) ensure there is a clear criterion for determining  
          which pupils may voluntarily transfer or be recommended for  
          transfer; b) ensure this criterion is consistently applied  
          district-wide; c) ensure 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) ensure that voluntary transfers occur within  
          the first four weeks of each semester, to the extent possible;  
          and, f) ensure that the transfer is voluntary and the pupil has  
          a right to return to his or her previous school.

          This bill further requires approval for the voluntary transfer  
          to be based on a finding that the placement will promote the  
          educational interests of the pupil, and 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 transfer of  
          a pupil to determine if transferring is the best option for the  
          pupil. This bill requires a copy of the district's 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.  
          
          Related Legislation: SB 744 (Lara) requires parental consent for  
          referrals to a county community school or community day school  








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          by a school attendance review board, 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 August 14, 2013.

          Staff Comments: This bill is unlikely to result in any direct  
          state costs, as it is not a reimbursable mandate; school  
          districts do not have to allow pupils to voluntarily transfer to  
          a continuation school. It will result, however, result in costs  
          for some school districts (which are primarily funded by  
          Proposition 98 General Fund). 

          To the extent that a school district currently allows (and  
          facilitates) the voluntary transfer of some pupils to  
          continuation schools under policies and procedures inconsistent  
          with those prescribed in this bill, that school district will be  
          required to revise (and likely to expand) its policies to ensure  
          compliance. That will require drafting and adopting by the  
          governing board, and may require training of staff involved in  
          transfers at the school site level. A school district's only  
          alternative to compliance with this measure's requirements would  
          be to disallow voluntary transfers to continuation schools.