BILL ANALYSIS �
SB 744
Page A
SENATE THIRD READING
SB 744 (Lara)
As Amended September 3, 2013
Majority vote
SENATE VOTE :27-11
EDUCATION 6-0 APPROPRIATIONS 12-4
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|Ayes:|Buchanan, Ch�vez, |Ayes:|Gatto, Bocanegra, |
| |Gonzalez, Nazarian, | |Bradford, |
| |Weber, Williams | |Ian Calderon, Campos, |
| | | |Eggman, Gomez, Hall, |
| | | |Holden, Pan, Quirk, Weber |
| | | | |
|-----+--------------------------+-----+--------------------------|
| | |Nays:|Harkey, Bigelow, |
| | | |Donnelly, Wagner |
| | | | |
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SUMMARY : Amends the process for referral to and programs
offered within county community schools and community day
schools. Specifically, this bill :
1)Prohibits a school district from referring a pupil for
placement in a community school unless the school district, in
consultation with the community school, determines the
community school has space available for that pupil's
enrollment.
2)Prohibits a school district from referring a pupil for
placement in a county community school unless the educational
needs of the pupil, as determined by the school district and
county office of education, can be met in the county community
school.
3)Requires the school attendance review board, or other
district-level referral body, to include a placement option
for the pupil that is geographically accessible to the him or
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her if the pupil is referred for placement in a county
community school that is not geographically accessible to the
pupil.
4)Prohibits a school district from referring a pupil for
placement in a county community school if the parent or
guardian of the pupil objects to the referral.
5)Restricts the time period for which a pupil can remain in a
county community school by specifying that the pupil has the
right to return to his or her prior school or another
appropriate school within his or her school district at the
end of the semester following the semester when the act
leading to the referral occurred, regardless of whether the
pupil is successful at the county community school.
6)Removes from the list of eligible pupils for referral to a
county community school, those pupils who are dependent
children of the juvenile courts, pursuant to Section 300 of
the Welfare and Institutions Code.
7)Specifies that the appropriateness of placing a child in a
county community school may be examined in the judicial
hearing in which the placement is made or concerns of the
placement are raised.
8)Specifies that placement in a county community school shall be
in accordance with exiting law that prohibits a school
district from denying a pupil enrollment or readmission to a
public school based on his or her contact with the juvenile
justice system.
9)Prohibits a school district from denying readmission to the
school district of residence based on the pupil's failure to
comply with any additionally imposed criteria beyond the terms
of the initial order or any subsequent order to expel.
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10)Prohibits a school district from imposing any additional
academic or behavioral criteria or conditions that would
extend the duration of the placement of a pupil in a county
community school beyond the terms of the initial order or any
subsequent order to expel.
11)Requires a school district to identify the services or
programs that best address the student's needs if included in
a student's readmission plan, including, for example,
substance treatment programs and, recognizing those pupils who
are unable to access services or programs due to circumstances
beyond their control such as financial hardship or geographic
inaccessibility of the program or service location, prohibits
a school district from denying a pupil readmission to the
district based solely on his or her failure to meet a the
service or program requirement of his or her rehabilitation
plan if that failure was due to circumstances beyond his or
her control.
12)Specifies that independent study programs offered through
county community day schools shall be in accordance with all
other laws governing independent study programs.
13)Encourages county community day schools to include in their
instructional programs school credit recovery assistance and
tutorial assistance.
14)Requires county boards of education operating county
community schools to ensure that assessments in all areas of
suspected disability and appropriate services and programs
specified in a pupil's individualized education program are
provided in compliance with existing state and federal law.
15)Requires county boards of education operating county
community schools to ensure that appropriate services and
programs designed to address the language needs of pupils
identified as English learners are provided in compliance with
all applicable state and federal laws.
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16)Specifies the intent of the Legislature that if an
individualized assessment shows that the pupil requires
additional educational services, supports, such as mental
health counseling, or classes, that are not available at the
community day school, the parent, guardian, or responsible
adult of the pupil, or the probation officer as appropriate,
should be informed.
17)Specifies the circumstances under which a pupil may be
involuntarily transferred to a county community school.
18)Repeals language relating to enrollment of homeless children
and youth in county community schools.
19)Reiterates existing provisions of the Welfare and
Institutions Code for the placements of pupils who are on
probation or are under the supervision of a probation officer.
20)Extends procedures established under the California Rules of
Court as they relate to the rights of children in a judicial
proceeding to the placement of a pupil in an alternative
setting by a probation officer.
21)Makes technical and non-substantive changes to these
sections.
FISCAL EFFECT : According to the Assembly Appropriations
Committee, there is the potential for one-time state
reimbursable mandated General Fund/Proposition 98 costs, likely
less than $350,000, to school districts and County Offices of
Education 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 County Offices of Education need to alter their
current pupil referral processes, costs will be incurred.
COMMENTS : California authorizes three types of alternative
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schools that are targeted primarily at high school students:
continuation schools, county community schools, and community
day schools. In addition, California permits districts to
operate independent study programs for high school students as
an alternative to regular attendance at a comprehensive high
school or alternative school. These four options constitute the
range of alternatives used by most districts.<1>
Alternative Education Settings : According to the author, this
bill is needed to address the involuntarily transfer of students
to an alternative setting 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. Again according to
the author, 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. This bill addresses three of these educational
settings: county community schools, community day schools, and
independent study programs.
1)County community schools are public schools that are run by
county offices of education. They educate students in
kindergarten through grade twelve who are expelled from school
or who are referred because of attendance or behavior
problems. They also serve students who are homeless, on
probation or parole, and who are not attending any school.
Parents or guardians also may request that their child attend
a county community school. These schools aim to meet
individual student needs. Students learn academic and life
skills. Although students may graduate from county community
schools, the goal of these schools is to help students
re-enroll in traditional education settings and move to other
levels of education, training, or employment.
---------------------------
<1> Improving Alternative Education in California; Legislative
Analyst's Office, February 2007.
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2)Community day schools are schools for students who have been
expelled from school or who have had problems with attendance
or behavior. They are run by school districts or county
offices of education. The 360-minute minimum instructional
day includes academic programs that provide challenging
curriculum and individual attention to student learning
modalities and abilities. Community day schools are intended
to have low student-teacher ratios. Students benefit from
learning support services that include school counselors and
psychologists, academic and vocational counselors, and pupil
discipline personnel. Students also receive collaborative
services from county offices of education, law enforcement,
probation, and human services agency personnel who work with
at-risk youth.
3)Independent study is provided as an alternative instructional
strategy, not an alternative curriculum. Independent study
students work independently, according to a written agreement
and under the general supervision of a credentialed teacher or
teachers. While independent study students follow the
district-adopted curriculum and meet the district graduation
requirements, independent study offers flexibility to meet
individual student needs, interests, and styles of learning.
These programs are offered by school districts, charter
schools, and county offices of education.
Placement in an Alternative Education Setting : Current law
permits a pupil to be involuntarily enrolled in a county
community school or community day school due to expulsion or
referred by court order (both without parental consent), or
involuntarily enrolled in a community day school due to
expulsion or referral by court order or a school attendance
review board (SARB) (all without parental consent).
This bill would prohibit a school district from placing a pupil
in a county community school unless the district first
determines that the county community school has space available
to enroll the pupil, the county community school meets the
educational needs of the pupils, the pupil does not incur
transportation costs above and beyond those necessary to attend
his or her prior school of residence, and the parent or guardian
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has not expressly objected to the referral. These provisions
are intended to prevent an inappropriate placement of a pupil in
an educational setting that is not going to best serve the needs
of the pupil.
Readmission : This bill specifies that if a pupil is
involuntarily placed in either a county community or community
day school, the pupil has the right to reenroll in his or her
former school or another appropriate school immediately after
readmission from the expulsion order or court-ordered placement.
This bill also specifies that the school district has the
discretion to place the pupil in the most appropriate setting,
whether the pupil's prior school or another comprehensive school
of the district. The school district may also recommend
continued placement in a community day school, but this
recommendation may be rejected by the parent and his/her pupil.
This language will allow the school district to fulfill its
obligation to ensure the safety of all pupils and address the
potential harm that may occur from returning a student to the
environment from which he or she was removed. The language
recognizes the author's desire that a pupil be returned to his
or her prior school or another comprehensive school, but
balances this with the obligation of a school district to
protect the safety of all pupils.
In those circumstances where a pupil has been readmitted
pursuant to the procedures set forth in Education Code Section
48916, this bill makes clear that the readmitted pupil has the
right to return to his or her prior school or another
comprehensive school of the district. The readmission process
outlined in existing law permits the school district to retain a
pupil in an alternative placement if the pupil continues to pose
a danger to campus safety or to the other pupils or employees of
the school district. However, for those pupils who are
readmitted, the proposed language, similar to other provisions
of this bill, gives the school district the discretion to place
the pupil in the most appropriate setting, whether the pupil's
prior school or another comprehensive school of the district.
The school district may also recommend continued placement in a
community day school, but this recommendation may be rejected by
the parent and his/her pupil. This language will allow the
school district to fulfill its obligation to ensure the safety
of all pupils and address the potential harm that may occur from
returning a student to the environment from which he or she was
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removed. The language recognizes the author's desire that a
pupil be returned to his or her prior school or another
comprehensive school, but balances this with the obligation of a
school district to protect the safety of all pupils.
Instructional Programs with Alternative Educational Settings :
This bill is intended to provide assistance to those pupils who
are enrolled in alternative educational programs by ensuring
that each pupil is provided with appropriate instruction and
services.
1)This bill specifies that independent study programs offered
through county community schools and community day schools
must comply with all other laws governing independent study
programs.
2)This bill encourages, but does not require, county community
schools and community day schools to include credit recovery
assistance and tutoring services within their programs. For
example, a county community school or community day school
could assign a student who has failed courses or is at risk of
falling behind on graduation credits, credit recovery courses.
Additionally, any student who is identified as at-risk of
failing could be required to attend tutoring and/and or be
assigned an academic advisor during his or her enrollment in
the county community school or community day school.
3)This bill emphasizes the need for county community schools and
community day schools to ensure that pupils enrolled it these
settings are provided the appropriate assessments in all areas
of suspected disability and appropriate services and programs
specified in a pupil's individualized education program are
provided in compliance with existing state and federal law.
While this is not a new requirement, this ensures that for
programs that rely on distinct portions of the Education Code
to govern their programs, these requirements are clearly and
easily identified. Similarly, this bill requires school
districts and county boards of education operating community
and community day schools, as applicable, to ensure that
appropriate services and programs designed to address the
language needs of pupils identified as English learners are
provided in compliance with all applicable state and federal
laws.
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Because the pupils enrolled in these alternative education
settings are often receiving a multitude of services through
multiple agencies, the coordinated efforts of these service
providers is critical to the success of the pupil. Therefore,
this bill specifies the intent of the Legislature that if an
individualized assessment shows that the pupil requires
additional educational services and supports, such as mental
health counseling, or classes, that are not available at the
community day school, the parent, guardian, or responsible adult
of the pupil, or the probation officer as appropriate, should be
informed.
Homeless Children and Youth : This bill repeals language that
allows districts and county offices of education to enroll
pupils in county community schools or community day schools on
the basis of the pupil's status as homeless. The federal
McKinney-Vento Homeless Education Act of 2002 requires homeless
children and youth to be educated as part of a school's regular
academic program. The United States Department of Education has
published non-regulatory guidance that makes clear districts
must provide homeless children and youth with services through
"programs and mechanisms that integrate homeless children and
youth with their non-homeless counterparts ? [and] must expand
upon or improve services provided as part of the regular school
program." Repealing this language brings California into
compliance with this federal requirement.
Minors Who Are Within the Jurisdiction of the Juvenile Court :
This bill provides detailed guidance for placements of those
pupils who are on probation or are under the supervision of a
probation officer. This bill references existing requirements
under the Welfare and Institutions Code that requires the
educational rights holder, when placing these pupils, to place
the child in the least restrictive educational programs,
consider whether the child has access to the academic resources,
services, and extracurricular and enrichment activities that are
available to all pupils, and ensure that all "school placement
decisions ? [are] based on the best interests of the child."
This bill extend procedures established under the California
Rules of Court as they relate to the rights of children in a
judicial proceeding to the placement of a pupil even when
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outside of a court proceeding. The procedure set forth in the
rules of court require the court to consider a number of
specified factors when placing the pupil and require the court
to identify a plan for meeting those needs, and provide a clear,
written statement to that end. The Rules of Court also require
written reports with specified information from the pupil's
social worker and probation officer. In this context, a
probation officer's decision to place a pupil in a county
community school would be affected even when made outside of a
court setting. This bill would permit the educational rights
holder to require the school district and probation officer to
follow the processes set forth in the Rules of Court.
Arguments in Support . While county community and community day
schools were designed to help at-risk students get back on
educational track, 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. Unfortunately, too many students are being
involuntarily placed into county community and community day
schools without receiving information about their educational
rights and with no clear understanding of their ability to
return to a traditional school setting. Additionally students
are being "pushed out" of their current school without a process
for ensuring that the new school placement fits his or her
educational needs. This bill will establish a transfer process
with built in safeguards that help ensure due process for
students, re-establish the role of these schools as temporary
rehabilitative placements.
Arguments in Opposition . While the opponents are respectful of
the author's desire to protect the due process and educational
rights of pupils, they are concerned that the language of this
bill is far too restrictive of the districts' authority to
appropriately place the pupils for whom they are responsible.
Additionally, opponents of this bill contend that the authority
of the school attendance review board (SARB) is unnecessarily
compromised and would, in effect, register that body powerless.
The absence or ineffectiveness of the SARB, would make
enforcement of California's compulsory attendance laws nearly
impossible.
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Analysis Prepared by : Jill Rice / ED. / (916) 319-2087
FN: 0002215