Article 3 - Continuation Classes

California Education Code — §§ 48430-48438

Sections (11)

Amended by Stats. 1983, Ch. 498, Sec. 83. Effective July 28, 1983.

It is the intent of the Legislature that continuation education schools and classes shall be established and maintained to provide all of the following:

(1)An opportunity for pupils to complete the required academic courses of instruction to graduate from high school.

(2)A program of instruction which emphasizes occupational orientation or a work-study schedule and offers intensive guidance services to meet the special needs of pupils.

(3)A program designed to meet the educational needs of each pupil, including, but not limited to, independent study, regional occupation programs, work study, career counseling, and job placement services, as a supplement to classroom instruction.

§ 48431

Enacted by Stats. 1976, Ch. 1010.

The governing board of each high school district shall establish and maintain a program of guidance, placement, and followup for all minors within the district subject to compulsory continuation education.

§ 48432

Amended by Stats. 1982, Ch. 814, Sec. 1.

The governing board of each high school district and each unified school district shall establish and maintain within its boundaries special continuation education classes and may establish and maintain regional occupational centers or programs, in accordance with the provisions of Section 52301, whenever there are any minors residing within the district who are subject to compulsory continuation education; provided, that if there are fewer than 100 students enrolled in grade 12 in any school of the district maintaining that grade, the governing board of the district may apply to the State Department of Education for exemption of that school from the requirements of this section and such exemption may be granted in accordance with rules and regulations that shall be adopted by the State Board of Education to govern the granting of the exemptions. An exemption may also be granted to schools having an enrollment of more than 100 pupils in grade 12 if the district seeking the exemption has entered into an agreement with another high school district or unified school district to maintain special continuation education classes for minors residing in either of the districts, but shall not be granted if the agreement would make it necessary for such minors to travel an excessive distance from their homes to the continuation education classes.

If there is a regional occupational center or program as provided in Article 1 (commencing with Section 52300) of Chapter 9 of Part 28, of this division within a county, the governing board of any school district within that county may enroll minors, otherwise subject to, and in lieu of, continuation education, in the center or program in accordance with the provisions of Section 52314.

Any minor admitted to a regional occupational center or program under the provisions of Section 52314.5 shall be considered to have enrolled in the regional occupational center or program in lieu of continuation education classes. Nothing in this section shall prohibit a minor from enrolling in a program of continuation education or a regular high school program if the minor voluntarily chooses to enroll in the program.

§ 48432.3

Added by Stats. 2013, Ch. 365, Sec. 1. (AB 570) Effective January 1, 2014.

(a)If the governing board of a school district chooses to voluntarily enroll high school pupils in a continuation school, the governing board of the school district shall establish and adopt policies and procedures governing the identification, placement, and intake procedures for these pupils. These policies and procedures shall ensure that there is a clear criterion for determining which pupils may voluntarily transfer or be recommended for a transfer to a continuation school and that this criterion is not applied arbitrarily, but is consistently applied on a districtwide basis. Approval for the voluntary transfer of a pupil to a

continuation school shall be based on a finding that the voluntary placement will promote the educational interests of the pupil.

(b)The policies and procedures adopted under this section shall also ensure all of the following:

(1)That voluntary placement in a continuation school shall not be used as an alternative to expulsion unless alternative means of correction have been attempted pursuant to Section 48900.5.

(2)Shall strive to ensure that no specific group of pupils, including a group based on race, ethnicity, language status, or special needs, is disproportionately enrolled in continuation schools within the school district.

(3)If the governing

board of a school district chooses to permit pupils to voluntarily transfer to a continuation school, a copy of the policies and procedures adopted under this section shall be provided to a pupil whose voluntary transfer to a continuation school is under consideration, and to the parent or legal guardian of that pupil.

(4)That the transfer is voluntary and the pupil has a right to return to his or her previous school.

(5)Upon a parent or legal guardian’s request and before a pupil is transferred, the parent or legal guardian may meet with a counselor, principal, or administrator from both the transferor school and the continuation school to determine if transferring is the best option for the pupil.

(6)To the extent possible, voluntary transfer to a continuation school occurs within the first four weeks of each semester.

§ 48432.5

Amended by Stats. 2023, Ch. 131, Sec. 36. (AB 1754) Effective January 1, 2024.

(a)The governing board of each high school or unified school district that assigns pupils to continuation schools shall adopt rules and regulations governing procedures for the involuntary transfer of pupils to continuation schools.

(b)The rules and regulations shall provide that written notice be given to the pupil and the pupil’s parent or guardian or, if the pupil is a foster child, the foster child’s educational rights holder, attorney, and county social worker, or, if the pupil is an Indian child, as defined in Section 224.1 of the Welfare and Institutions Code, the Indian child’s tribal social worker and, if applicable, county social worker informing them of the opportunity to request a meeting with a designee of the district superintendent of schools

before the transfer.

(c)At the meeting, the pupil, the pupil’s parent or guardian, or, if applicable, the foster child’s educational rights holder, attorney, and county social worker, or, if applicable, the Indian child’s tribal social worker or, if applicable, county social worker shall be informed of the specific facts and reasons for the proposed transfer and shall 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 the pupil at the meeting.

(d)A decision to transfer the pupil involuntarily shall be based on a finding that the pupil committed an act enumerated in Section 48900, or has been habitually truant or irregular in attendance from instruction upon which the pupil is lawfully required to

attend.

(e)The decision to transfer shall be in writing, stating the facts and reasons for the decision, and sent to the pupil and the pupil’s parent or guardian or, if applicable, the foster child’s educational rights holder, attorney, and county social worker, or, if applicable, the Indian child’s tribal social worker and, if applicable, county social worker. It shall indicate whether the decision is subject to periodic review and the periodic review procedure.

(f)The persons involved in the final decision to make an involuntary transfer of a pupil to a continuation school shall not be a member of the staff of the school in which the pupil is enrolled at the time that the decision is made.

(g)A pupil, with the concurrence of a designee of the district superintendent of schools, may transfer voluntarily to a

continuation school in order to receive special attention such as individualized instruction.

(h)Involuntary transfer to a continuation school shall be imposed only when other means fail to bring about pupil improvement; provided that a pupil may be involuntarily transferred the first time the pupil commits an act enumerated in Section 48900 if the principal determines that the pupil’s presence causes a danger to persons or property or threatens to disrupt the instructional process.

(i)An involuntary transfer to a continuation school shall not extend beyond the end of the semester following the semester during which the acts leading directly to the involuntary transfer occurred unless the governing board of the school district adopts a procedure for yearly review of the involuntary transfer conducted pursuant to this section at the request of the pupil, the pupil’s parent or

guardian, or, if applicable, the foster child’s educational rights holder, attorney, or county social worker, or, if applicable, the Indian child’s tribal social worker or, if applicable, county social worker.

(j)A pupil who has voluntarily transferred to a continuation school shall have the right to return to the regular high school at the beginning of the following school year and, with the consent of a designee of the district superintendent of schools, may return at any time.

§ 48433

Enacted by Stats. 1976, Ch. 1010.

Special continuation education classes or classes conducted by a regional occupational center or any combination thereof shall provide at least four 60-minute hours of instruction per week for each minor within the high school district who is subject to compulsory continuation education.

§ 48434

Amended by Stats. 1983, Ch. 365, Sec. 1.

(a)Except as otherwise provided in subdivision (b), such classes shall be maintained during the district’s regular school hours, or during special school hours for these classes established by the governing board.

(b)If the school district maintains classes for adults, the governing board of the school district may maintain continuation education classes during such hours and for such length of time during the day or evening as the classes for adults are maintained.

§ 48435

Enacted by Stats. 1976, Ch. 1010.

Such classes shall provide suitable instruction for the various individuals for whose benefit they are established.

§ 48436

Enacted by Stats. 1976, Ch. 1010.

The State Board of Education shall prescribe and enforce standards and regulations for the organization and administration of programs of guidance, placement and followup, for programs of coordination and instruction in continuation education, for the special reimbursement thereof, and for the certification of teachers and coordinators for continuation education.

§ 48437

Enacted by Stats. 1976, Ch. 1010.

The governing board of a school district or school districts, as the case may be, maintaining special continuation education classes may accept and expend grants from the federal government or from other public or private sources for the purpose of this article.

§ 48438

Added by Stats. 1983, Ch. 498, Sec. 87. Effective July 28, 1983.

It is the intent of the Legislature that special funds for eligible pupils be expended by the continuation schools in which those pupils are enrolled.

State and federal categorical funds shall be allocated to continuation schools in the same manner as to comprehensive schools to the maximum extent permitted by state and federal laws and regulations.