BILL ANALYSIS Ó
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THIRD READING
Bill No: AB 570
Author: Jones-Sawyer (D)
Amended: 7/3/13 in Senate
Vote: 21
SENATE EDUCATION COMMITTEE : 9-0, 6/26/13
AYES: Liu, Wyland, Block, Correa, Hancock, Hueso, Huff,
Monning, Torres
SENATE APPROPRIATIONS COMMITTEE : 5-0, 8/12/13
AYES: De León, Gaines, Hill, Lara, Steinberg
NO VOTE RECORDED: Walters, Padilla
ASSEMBLY FLOOR : 76-1, 5/29/13 - See last page for vote
SUBJECT : Continuation schools: procedures for voluntary
transfer
SOURCE : Author
DIGEST : This bill requires the governing board of a school
district (GBSD) that 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 of pupils who voluntarily enroll in
continuation schools, as specified. This bill 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.
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ANALYSIS :
Existing 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.
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.
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.
Voluntary transfer
Existing 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.
Involuntary transfer
Existing 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
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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.
1.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.
2.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 procedure therefor.
3.Requires the GBSD 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/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/her at the meeting.
4.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
GBSD adopts a procedure for yearly review of the transfer at
the request of the pupil or parent or guardian.
This bill:
1.Requires the GBSD, if it chooses to voluntarily enroll high
school pupils in a continuation school, to establish and adopt
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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 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.
1.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/her previous school if
the transfer does not meet the pupil's educational needs.
FISCAL EFFECT : Appropriation: No Fiscal Com.: No Local:
No
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According to the Senate Appropriations Committee, 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.
SUPPORT : (Verified 8/14/13)
American Civil Liberties Union
Center on Juvenile and Criminal Justice
PolicyLink
Students First
The National Association for the Advancement of Colored People
ARGUMENTS IN SUPPORT : 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,
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."
ASSEMBLY FLOOR : 76-1, 05/29/13
AYES: Achadjian, Alejo, Allen, Ammiano, Atkins, Bigelow, Bloom,
Blumenfield, Bocanegra, Bonilla, Bonta, Bradford, Brown,
Buchanan, Ian Calderon, Campos, Chau, Chávez, Chesbro, Conway,
Cooley, Dahle, Daly, Dickinson, Eggman, Fong, Fox, Frazier,
Beth Gaines, Garcia, Gatto, Gomez, Gonzalez, Gordon, Gorell,
Gray, Grove, Hagman, Hall, Harkey, Roger Hernández, Jones,
Jones-Sawyer, Levine, Logue, Lowenthal, Maienschein, Mansoor,
Medina, Melendez, Mitchell, Morrell, Mullin, Muratsuchi,
Nazarian, Nestande, Olsen, Pan, Patterson, Perea, V. Manuel
Pérez, Quirk, Quirk-Silva, Rendon, Salas, Skinner, Stone,
Ting, Wagner, Waldron, Weber, Wieckowski, Wilk, Williams,
Yamada, John A. Pérez
NOES: Donnelly
NO VOTE RECORDED: Holden, Linder, Vacancy
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PQ:nl 8/14/13 Senate Floor Analyses
SUPPORT/OPPOSITION: SEE ABOVE
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