SECTIONS 48430-48438 - California Statutes

EDUCATION CODE

SECTION 48430-48438

48430. 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. 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. 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.

48432.5. The governing board of each high school or unified school
district which assigns pupils to continuation schools shall adopt
rules and regulations governing procedures for the involuntary
transfer of pupils to continuation schools.
Such rules and regulations shall provide that written notice be
given to the pupil and the pupil's 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 or the pupil's parent or guardian 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 him or her
at the meeting.
A decision to transfer the pupil involuntarily shall be based on a
finding that the pupil (a) committed an act enumerated in Section
48900, or (b) has been habitually truant or irregular in attendance
from instruction upon which he or she is lawfully required to attend.
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. It shall indicate whether the decision is subject
to periodic review and the procedure therefor.
None of the persons involved in the final decision to make an
involuntary transfer of a pupil to a continuation school shall be a
member of the staff of the school in which the pupil is enrolled at
the time that the decision is made.
A pupil, with the concurrence of a designee of the district
superintendent, may transfer voluntarily to a continuation school in
order to receive special attention such as individualized
instruction.
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 he or
she 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.
No involuntary transfer to a continuation school shall extend
beyond the end of the semester following the semester during which
the acts leading directly to the involuntary transfer occurred unless
the local governing board adopts a procedure for yearly review of
the involuntary transfer conducted pursuant to this section at the
request of the pupil or the pupil's parent or guardian.
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, may return at any time.

48433. 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. (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. Such classes shall provide suitable instruction for the
various individuals for whose benefit they are established.

48436. 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. 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. 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.