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. AB 570 (Jones-Sawyer) Page 1 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. AB 570 (Jones-Sawyer) Page 2 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 AB 570 (Jones-Sawyer) Page 3 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.