BILL ANALYSIS �
SB 744
Page A
Date of Hearing: August 30, 2013
ASSEMBLY COMMITTEE ON APPROPRIATIONS
Mike Gatto, Chair
SB 744 (Lara) - As Amended: August 19, 2013
Policy Committee: Education Vote:6-0
Urgency: No State Mandated Local Program:
Yes Reimbursable: Yes
SUMMARY
This bill makes several changes to a school district's ability
to refer pupils to county community schools (CCS) and community
day schools (CDS) to establish transparency for the pupil and
his or her parent/guardian.
FISCAL EFFECT
Potential, one-time state reimbursable mandated GF/98 costs,
likely less than $300,000, to school districts and COEs to meet
the requirements of this bill. The majority of the requirements
in this bill are clarifying, to provide a nexus between pupils
being adjudicated in a court and their educational placement
decisions. However, to the extent school districts and COEs
need to alter their current pupil referral processes, costs will
be incurred.
SUMMARY CONTINUED
County Community Schools (CSS)
1)Prohibits a school district from referring a pupil to a CCS
unless the district and county office of education (COE)
determine all of the following:
a) The CCS has available space to enroll the pupil and is
able to meet the educational needs of the pupil.
b) The parent/guardian has not expressly objected to the
referral.
2)Specifies a pupil has a right to return to his or her prior
school or another appropriate school within the school
district at the end of the semester following the semester
when the acts leading to referral occurred.
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3)Authorizes a county board of education (CBE) to enroll a pupil
on probation (with or without supervision) and consider the
pupil a ward of the court, as specified.
4)Authorizes a CBE to enroll a pupil whose school district of
attendance, (or who does not have a district of attendance) or
school districts of residence have, at the request of the
pupil's parent/guardian, approved the pupil's enrollment in a
CCS, provided the district will meet the educational needs of
the pupil and his or her parent/guardian may rescind the
request for placement in a CCS, as specified.
5)Requires a pupil who is expelled or on probation, and who is
involuntarily enrolled in a CSS, to have the right to reenroll
in his or her former school or another school immediately
after being readmitted from the expulsion order or
court-ordered placement.
6)Requires a CBE operating a CSS to ensure the following:
a) Appropriate program services and assessments are
administered to pupils with special needs as specified in
the pupil's individualized education plan.
b) English learner pupils are receiving appropriate
services in compliance with state and federal law, as
specified.
Community Day Schools (CDS)
1)Requires the parent/guardian or probation officer to be
informed if a pupil in a CDS, based on an individualized
assessment, demonstrates the need for mental health counseling
or classes not offered at the CDS.
2)Requires the school district enrolling an expelled pupil in a
CDS to assist the pupil in accessing a particular service or
program identified in his or her rehabilitation plan required
under current law. Further prohibits the district from
denying readmission of the pupil to a comprehensive school if
he or she cannot complete the program or service required
under the rehabilitation plan, as specified.
3)Requires a school district operating a CDS to ensure the
following:
a) Appropriate program services and assessments for pupils
SB 744
Page C
with special needs, as specified in the pupil's
individualized education plan.
b) Appropriate services for English Learner pupils, as
specified.
4)Authorizes a pupil to be involuntarily transferred to a CDS
operated by a school district if he or she meets one or more
of the following conditions:
a) The pupil is on probation and is considered a ward of
the court in a CCS, as specified.
b) The pupil is referred by a school attendance review
board (SARB), as specified.
5)Requires the term of a pupil's involuntary transfer to a CDS
to be no longer than the end of the semester following the
semester during which the acts leading to the referral
occurred, as specified.
6)Authorizes a pupil to be voluntarily transferred to a CDS if
he or she meets one of the following conditions:
a) Under the supervision of a probation officer, with the
consent of the minor's parent/guardian, pursuant to current
law.
b) Under the supervision of a probation officer, with the
consent of the minor's parent/guardian or responsible adult
appointed by the juvenile court.
c) The parent/guardian of the pupil has approved or
requested the placement.
d) The school district recommends a CDS, as specified.
7)Requires a pupil who is expelled or on probation and who is
involuntarily enrolled in a CDS to have the right to reenroll
in his or her former school or another school immediately
after being readmitted from the expulsion order or
court-ordered placement.
COMMENTS
1)Rationale . The majority of California's students are served
in traditional public schools; however, some at-risk students
with additional education, social, and emotional needs are
served in alternative school settings, such as county
community schools (CSS) and community day schools (CDS). A
CSS and CDS may be operated by a school district or COE. CDS
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serve expelled pupils, pupils referred by a student attendance
review board (SARB), and other at-risk pupils. CSS serves
expelled pupils and pupils who have attendance or behavior
problems. In the 2011-12 school, there were 76 CSS and 270
CDS in the state.
According to the author, "Currently, students are
involuntarily transferred to [CSS and CDS] without due
process, without ensuring that a parent or guardian's right to
choose a school for their child is protected and with minimal
consideration around the placement's educational fit for the
student. These issues disproportionally affect low-income
students and students of color who make-up a majority of the
schools' populations. 2012-2013 enrollment numbers show
African-American and Latino youth comprise 68% of total county
community school enrollment and 82% of community day school
enrollment.<1>
"[CSS and CDS] were designed to help at-risk students get back
on a positive educational track. However, recent studies have
highlighted gaps in the ability of these schools to
effectively help students reach their academic goals. One such
gap exists in the lack of clarity and information given to
students and parents during the transfer process.<2>
"[This bill] addresses the due process rights of youth
involuntarily transferred to CSS and CDS, and provides
students and their families with safeguards to ensure their
educational rights are protected."
2)Existing law establishes CSS and CDS. The following tables
illustrate the basic programmatic information for both types
of schools.
--------------------------
<1> DataQuest Reports "Enrollment In California Schools by
Ethnic Designation, 2012-13" and "2010-11 Number and Percentage
of Grade 9-12 Adjusted Dropouts by Ethnic ?" for Community Day
and County Community Schools.
<2> "Does State Policy Help or Hurt Dropout Problem in
California" - Tilmar, Biag, Lawson - California Dropout
Research Project #3 - Oct. 2007.
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Page E
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| Programs | Eligible Operators |Minimum Day (Hours) | Grades Served | Pupil Placement |
| | | | | Criteria |
--------------------------------------------------------------------------------------------------------
|--------+-----------+--------+------+-----------------------------|
|Communit|School | 6 | K-12 |1.Expelled |
|y Day |Districts | | | 2. Referred by the School |
|Schools |COEs | | | Attendance Review Board |
| | | | | (SARB) |
| | | | |3. Probation referred |
|--------+-----------+--------+------+-----------------------------|
|County |COEs | 4 | K-12 |1. Volunteer |
|Communit| | | |2. Expelled |
|y | | | |3. Referred by a SARB |
|Schools | | | |4. Probation referred |
| | | | |5. On probation |
| | | | |6. Homeless |
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This bill does not change the pupil placement criteria for
these schools. Instead, it requires more notification to
parents/guardians and individuals who are responsible for
the educational decisions of the pupil as mandated by a
court. This measure further establishes a pupil's right to
return to the comprehensive school he or she attended
before being placed into a CSS or CDS. It further requires
pupil placement decisions at these schools to be in the
best interest of the pupil.
3)How many pupils attend CSS or CDS ? In the 2011-12 school
year, there were 76 CSS and 270 CDS in the state. Pupils who
attend these schools are generally not there for an entire
school year due to the nature of their placement (i.e.,
court-ordered probation, volunteer, or expelled, etc.).
Therefore, the state generally does not categorize pupil
attendance for these schools in terms of enrollment. As such,
the following table illustrates the average daily attendance
(ADA) - a unit of time the pupil attends school in order to
receive funding from the state. The following table
illustrates the ADA for CCS and CDS.
---------------------------------------------
|2011-12 Annual Data | | | |
|--------------------+--------+-------+-------|
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| | | | |
|--------------------+--------+-------+-------|
| |Mandator| All | Total |
| | ily | other | ADA |
| |expelled| ADA | |
| | ADA | (a) | |
|--------------------+--------+-------+-------|
|Community Day | | | |
|Schools | | | |
|--------------------+--------+-------+-------|
|County-operated (b) | 226 | 2,845 | 3,071 |
|--------------------+--------+-------+-------|
|School | 833 | 4,342 | 5,175 |
|district-operated | | | |
|--------------------+--------+-------+-------|
|County Community | | | |
|Schools | | | |
|--------------------+--------+-------+-------|
|County-operated (b) | 647 |14,430 |15,077 |
|--------------------+--------+-------+-------|
|School district | | 6,839 | 6,839 |
|students in county | | | |
|setting (c) | | | |
|--------------------+--------+-------+-------|
|Total | 1,706 |28,456 |30,162 |
| | | | |
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Analysis is Prepared by : Kimberly Rodriguez / APPR. / (916)
319-2081