This is an Accessible Alternative Version (AAV) of the Program Advisory regarding Voluntary and Involuntary Transfers that clarifies the State Board of Education (SBE) and California Department of Education (CDE) position on the age-specific eligibility requirements for the enrollment of students in a continuation education class or continuation high schools. The scanned Program Advisory (PDF) is considered to be the official version of the document.
Program Advisory
SPB: 85/6-9
Bill Honig, Superintendent of Public Instruction
California State Department of Education
721 Capitol Mall, Sacramento, CA 95814
Date: February 18, 1986
Program: Continuation Education
Contact: Dr. Mary Lou Hill
To: County and High School District Superintendents of Schools
From: Xavier Del Buono, Deputy Superintendent, Specialized Programs Branch
Subject: Age-Specific Eligibility Requirements for Enrollment in Continuation Education Programs
Purpose
The purpose of this advisory is to clarify for all school district and county personnel the SBE and CDE position on the age specific eligibility requirements for the enrollment of students in a continuation education class or continuation high schools.
Background
Questions have been rising from school districts regarding the age requirements for students attending a continuation class or high school. Several districts have recently requested the SBE to allow enrollment of pupils who are younger than sixteen years of age under the general waiver authority of California Education Code (EC) sections 33050–53. In the course of responding to these requests, the CDE and the SBE reviewed all of the legal and educational implications of this issue. The subsequent denial of these waivers has prompted the development of the following summary of information that may serve as a guideline for determining those eligible for enrollment in continuation education programs.
Student Eligibility
The general provisions for compulsory continuation education are found in EC sections 48400–48454. On the basis of these and other pertinent sections, together with an opinion on the subject by the State Attorney General, the SBE and the CDE support the following statement:
All age sixteen and seventeen pupils who are not attending a full-time educational program, unless otherwise exempt by law (EC Section 48410) shall attend a continuation school or class. Pupils under the age of sixteen shall enroll and attend only full-time school, except:
- High school pupils who are age fifteen assigned to a vocational program at a place of employment under the supervision of the school last attended (EC sections 48227–48230).
The pupil described in Section 48227 must have a work permit that “… shall specify the hours in which the minor shall be required to attend part-time continuation classes…” (Section 48228). Should conditions be found that are detrimental to the pupil’s well-being, a return to the full-time school last attended is guaranteed since the pupil is still under its jurisdiction (Section 48229).
- High school pupils under age sixteen who have been suspended for 20 days (54 Opinion, California Attorney General 262; EC Section 48903).
Each pupil is limited to 20 days of suspension during a school year. When the 20 days of suspension have been used at one school site, EC Section 48903(g) provides that, except for persons already enrolled in a continuation program, “… the number of days for which a pupil may be suspended from school shall not exceed 20 schools days in any school year, unless for purposes of adjustment, a pupil enrolls in or is transferred to another regular school, an opportunity school or a class, or a continuation education school or class, in which case the total number of school days for which the pupil may be suspended shall not exceed 30 days in any school year.” (Added by Stats, 1983, c. 498)
In 1971, the Attorney General examined the predecessor to EC Section 48903 (the former Section 10607.5), and concluded that a school district may legally transfer students with disciplinary problems who are under the age of sixteen, to a continuation school or class pursuant to EC Section 10607.5 (now Section 48903). (See 54 Ops. Cal. Atty. Gen. 262.) Students under the age of sixteen who have not met the conditions described in EC Section 48903 are not eligible for enrollment in a continuation education class or a continuation high school. Assignment of such students, either voluntarily or involuntarily, to such classes or high schools must be considered as being in violation of the intent and specific provisions of the statutes governing continuation education.
Discussion
Substantial evidence points out the negative effects on pupil progress if long-term assignment to a part-time program is the only option available or permitted. Guidance-oriented, personalized programs, on the other hand, have a positive impact on youth with school adjustment problems. Therefore, districts are urged to review all programs and strategies currently available in statute to develop acceptable and appropriate options for the under age sixteen pupil. In fact, the Legislature specifically addressed the needs of this population in enacting the Tenth Grade Counseling Program and Expansion of Opportunity Classes/Programs, Grade Seven through Nine (EC sections 48431.6, 48431.7, and 48643).
As the 1985–86 school year reaches its mid-point, we ask your cooperation and action in this vital issue. The increasing dropout rate from our schools, the high cost to our society in the provision of welfare and social programs, and, most of all, the personal loss of self-esteem and self-worth that accompanies failure in the school setting demand resolution, rather than temporary measures. Let us work together to provide the placement for each student that will enable each student to achieve his or her educational goals most effectively.
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Note: Pursuant to EC Section 33308.5, notice is hereby given that this correspondence is the Department’s interpretation and is advisory in nature, not mandatory.