BILL ANALYSIS                                                                                                                                                                                                    






                           SENATE COMMITTEE ON EDUCATION
                                Gloria Romero, Chair
                             2009-2010 Regular Session
                                          

          BILL NO:       AB 167
          AUTHOR:        Adams
          AMENDED:       June 3, 2009
          FISCAL COMM:   Yes            HEARING DATE:  June 10, 2009
          URGENCY:       No             CONSULTANT:    Lynn Lorber

           SUBJECT  :  Local high school graduation requirements: foster  
          youth.
          
           SUMMARY  

          This bill requires a school district to exempt foster youth who  
          transfer into a school district in grade 11 or 12 from any  
          coursework requirements imposed by the district that exceed the  
          minimum state graduation requirements if the foster youth  
          cannot complete the additional requirements in time to graduate  
          from high school.  

           BACKGROUND  

          Current law:

          1)   Requires a pupil to pass both the English language arts  
               and mathematics portions of the California High School  
               Exit Exam and complete the following courses as a  
               condition of graduating from high school:

               a)        Three years of English.  

               b)        Two years of mathematics.  

               c)        Two years of science, including biological and  
                    physical science.  

               d)        Three years of social studies, including: United  
                    State history and geography; world history, culture,  
                    and geography; one semester of American government  
                    and civics, and one semester of economics.   

               e)        One year of visual or performing arts or foreign  
                    language.  




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               f)        Two years of physical education, unless exempt  
                    by law.  

          2)   Authorizes school districts to impose coursework  
               requirements that are in addition to those prescribed by  
               state statute as a condition of graduation from high  
               school.

          3)   Allows a child who is in foster care and who is attending  
               high school or the equivalent level of vocational or  
               technical training on a full-time basis, or is in the  
               process of pursuing a high school equivalency certificate,  
               prior to his or her 18th birthday, to continue to receive  
               foster care aid beyond his or her 18th birthday so long as  
               the child continues to reside in a foster care placement,  
               continues to attend high school or the equivalent on a  
               full-time basis, and the child is reasonably expected to  
               complete the educational or training program or to receive  
               a high school equivalency certificate, before his or her  
               19th birthday.

          4)   Requires schools to allow foster youth to remain in the  
               school of origin for the duration of the school year when  
               the foster youth's residential placement changes and when  
               remaining in the same school is in the child's best  
               interest.

          5)   Requires school districts to accept for credit full or  
               partial coursework satisfactorily completed by a pupil  
               while attending a public school, juvenile court school, or  
               nonpublic, nonsectarian school or agency.  

           ANALYSIS
           
           This bill  requires a school district to exempt foster youth who  
          transfer into a school district in grade 11 or 12 from any  
          coursework requirements imposed by the district that exceed the  
          minimum state graduation requirements if the foster youth  
          cannot complete the additional requirements in time to graduate  
          from high school.  Specifically, this bill:

          1)   Requires a school district to exempt a pupil in foster  
               care who transfers to the district in grade 11 or 12 and  
               who otherwise would not be able to graduate from high  
               school while he or she remains eligible for foster care  




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               benefits from any additional coursework requirements the  
               governing board has adopted, unless the district makes a  
               finding that the pupil is reasonably able to complete the  
               additional requirements in time to graduate with his or  
               her class.

          2)   Requires a school district to notify a pupil in foster  
               care who is granted an exemption, and as appropriate, the  
               educational rights holder, if any of the requirements that  
               are waived will affect the pupil's ability to gain  
               admission to a postsecondary educational institution and  
               information about transfer opportunities available through  
               the California Community Colleges.

           STAFF COMMENTS  

           1)   Foster youth  .  As of October 2008, there were over 73,000  
               children in California's foster care system.  According to  
               a report from the California Education Collaborative for  
               Children in Foster Care, about 50% of foster youth have  
               been held back in school, 46% will not complete high  
               school, and fewer than 3% will go on to a four-year  
               college.

           2)   Local graduation requirements  .  Current law allows school  
               districts to impose coursework requirements that are in  
               addition to those prescribed by the state as a condition  
               of graduation from high school.  In addition to state  
               graduation requirements, the Sacramento City Unified  
               School District requires the completion of a service  
               learning project or senior project; the San Diego Unified  
               School District requires presentation of a senior  
               exhibition; and, the 

















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               Los Angeles Unified School District requires pupils to  
               demonstrate computer literacy and complete two semesters  
               of an applied technology course and one semester of a life  
               skills course.

           3)   Clarifying amendment  .  Staff recommends an amendment to  
               clarify that the foster youth affected by this bill would  
               not be able to graduate from high school due to the  
               additional coursework required by the school district  
               beyond coursework required by the state.  This ensures the  
               foster youth would still be required to complete all  
               coursework required by state law as well as pass the  
               California High School Exit Exam as a condition of  
               graduating from high school.

           4)   Technical amendment  .  Staff recommends an amendment to  
               ensure that this bill covers situations where a foster  
               youth transfers to a different high school within the same  
               district when the new school has different graduation  
               requirements than the prior school.  For example, Casa  
               Roble, Del Campo and Mesa Verde high schools within the  
               San Juan Unified School District all have different  
               graduation requirements.

          5)   Pupils in military families  .  AB 2101 (Salda?a, Chapter  
               608, 2006) authorized school districts and county offices  
               of education to establish a course credit transfer policy  
               for school-age military dependents provided that, under  
               the policy, the pupil would still substantially meet the  
               graduation requirements of that district.  Nothing in AB  
               2101 precluded a school district from requiring military  
               dependents to meet the graduation requirements of that  
               district that may go beyond state requirements.

           6)   Fiscal impact  .  According to the Assembly Appropriations  
               Committee analysis, this bill creates GF/98 state  
               reimbursable mandated costs, likely less than $100,000, to  
               school districts to comply with the notification  
               requirement in this bill.  This assumes between three and  
               10% of foster care pupils are notified.

           7)   Related legislation  .  AB 12 (Beall) among other things,  
               extends foster care, KinGAP, and the Adoptions Assistance  
               Program to age 21 for certain foster youth.  AB 12 is a  
               two-year bill, pending in the Assembly Appropriations  
               Committee.




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          AB 156 (Jeffries) authorizes the governing board of a school  
               district to offer one credit towards the required number  
               of credits required for graduation from high school for  
               training and certification in cardiopulmonary  
               resuscitation or use of an automatic external  
               defibrillator, or both.  AB 156 was never heard.

          AB 554 (Furutani) increases the number of courses required for  
               high school graduation from 13 to 14 and offers pupils a  
               choice between a course in visual performing arts, foreign  
               language, or career technical education to fulfill the  
               additional course requirement.  AB 554 was held on the  
               Assembly Appropriations Committee's suspense file.

          AB 1067 (Brownley) among other things, requires local  
               educational agencies that provide transportation in their  
               school districts to take into account the special  
               transportation needs of foster youth, including providing  
               transportation to their school of origin.  AB 1067 was  
               held on the Assembly Appropriations Committee's suspense  
               file.

          SB 381 (Wright) among other things, prohibits a school district  
               from adopting a graduation requirement that requires the  
               completion of additional coursework to meet or exceed the  
               requirements and prerequisites for admission to a  
               four-year California public university unless the district  
               also adopts an optional graduation requirement that  
               requires the completion of an equal amount of coursework  
               to attain entry-level employment skills in business or  
               industry upon graduation from high school.  SB 381 is  
               pending in the Assembly.

          SB 520 (Pavley) authorizes a school district to offer one  
               credit for each 12 hours of volunteer service outside of  
               regular school hours provided by a high school pupil, up  
               to a maximum of 5 credits per pupil per semester, and for  
               a maximum of 2 semesters.  SB 520 is pending in the  
               Assembly Education Committee.

           8)   Prior legislation  .  AB 2138 (Adams, 2008) was nearly  
               identical to this bill.  AB 2138 was vetoed.  The  
               Governor's veto message read:

                    This bill attempts to create a statewide policy of  




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                    exempting certain foster care students from  
                    district-specific graduation requirements.  In doing  
                    so, this bill would usurp the authority of local  
                    school boards to determine the conditions under which  
                    students should be granted diplomas.  Beyond the  
                    current minimum statewide requirements, local school  
                    boards have the ability to waive their own local  
                    graduation requirements based on the merit of each  
                    student's case.  This bill would undermine their  
                    ability to judge each individual student's particular  
                    circumstances.
          
           SUPPORT  

          All Saints Church Foster Care Project
          Aspiranet
          California Peace Officers' Association
          California Police Chiefs Association
          California State PTA
          California State University
          County of San Bernardino
          County Welfare Directors Association
          Junior League of Orange County
          Los Angeles Unified School District
          Special Education Local Plan Area Administrators

           OPPOSITION

           None received.