BILL ANALYSIS Ó
SENATE COMMITTEE ON EDUCATION
Alan Lowenthal, Chair
2011-2012 Regular Session
BILL NO: SB 578
AUTHOR: Negrete McLeod
INTRODUCED: February 17, 2011
FISCAL COMM: Yes HEARING DATE: March 23, 2011
URGENCY: No CONSULTANT: Lynn Lorber
SUBJECT : Foster youth: Course credit.
SUMMARY
This bill applies an existing requirement regarding the
provision of course credit specifically to foster youth,
requires the credit be applied to the same subject matter
in which the coursework was taken by a foster youth, and
prohibits a school district from requiring a foster youth
to retake a course for which full or partial credit was
awarded.
BACKGROUND
Current law:
1) Requires each public school district and county office
of education to accept for credit full or partial
coursework satisfactorily completed by a pupil while
attending a public school, juvenile court school, or
non-public non-sectarian school or agency. (Education
Code § 48645.5)
2) Requires a school district to exempt a pupil in foster
care from all coursework and other requirements
adopted by a school district that are in addition to
the statewide coursework requirements if the pupil,
while he or she is in grade 11 or 12, transfers into
the district from another district or between high
schools within the district, unless the district makes
a finding that the pupil is reasonably able to
complete the additional requirements in time to
graduate from high school while he or she remains
eligible for foster care. (EC § 51225.3)
SB 578
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ANALYSIS
This bill requires that course credit be applied to the
same subject matter in which the coursework was taken by a
foster youth, and prohibits a school district from
requiring a foster youth to retake a course for which full
or partial credit was awarded. Specifically, this bill:
1) Applies to foster youth the existing requirement that
full or partial credit be provided for coursework
satisfactorily completed while attending another
school district, a juvenile court school, or a
nonpublic non-sectarian school or agency even if the
pupil did not complete the entire course.
2) Requires the credit to be applied to the same subject
matter as the coursework completed in the prior
school.
3) Prohibits a school district from requiring a pupil in
foster care to retake a course or portions of a course
for which the district has provided full or partial
credit.
4) Encourages school districts and county offices of
education to develop, implement, or utilize credit
recovery programs that will permit a pupil in foster
care to recoup the necessary credit in the particular
subject matter in order to meet graduation
requirements. This bill specifies that a credit
recovery program includes, but is not limited to, the
following programs:
a) Online courses.
b) Electronic learning laboratories.
c) Computerized modules.
d) Independent study.
e) Direct instruction.
5) Defines "foster youth" to mean any child who has been
removed from his or her home pursuant to certain
section of the Welfare and Institutions Code (WIC), is
the subject of a petition filed under certain sections
of the WIC, or has been removed from his or her home
and is the subject of a petition filed under certain
section of the WIC.
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STAFF COMMENTS
1) Purpose of the bill . According to the author,
"Current law requires schools to award students full
or partial credits for coursework satisfactorily
completed while attending a public school, juvenile
court school, or non-public, non-sectarian school.
While statute requires that these credits must be
accepted, there is nothing in statute requiring
schools to apply the accepted credits towards the core
curriculum and graduation requirements. Often the
transferred credits are applied towards elective
requirements rather than to the core curriculum. This
practice often means that foster youth will lag behind
their peers, essentially losing months of academic
progress with each change in school placement due to
no fault of their own."
2) Why not retake coursework if there is time ? While it
may be reasonable to prohibit a school from requiring
a pupil to retake a course that the pupil completed in
its entirety at a prior school, is it reasonable to
prohibit a pupil from being required to retake a
course or portion of a course that was not completed
particularly if the pupil has time to retake at least
a portion of the course prior to graduation? Staff
recommends an amendment to prohibit a school district
or county office of education from requiring a pupil
to retake a course if the pupil completed the entire
course, and prohibit a school district or county
office of education from requiring a pupil to retake a
course or portions of a course that the pupil did not
complete in its entirety unless the district makes a
finding that the pupil is reasonably able to complete
the additional requirements in time to graduate from
high school while he or she remains eligible for
foster care.
3) What about other pupils disadvantaged by frequent
moves ? This bill specifically applies to foster
youth. Should this bill be expanded to apply to all
pupils? The author wishes to keep the focus of this
bill on foster youth because these pupils are
dependents of the court; placement decisions are made
not by a family but by public agencies.
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4) Partial credit for graduation requirements . Current
law requires each public school district and county
office of education to accept for credit full or
partial coursework satisfactorily completed by a pupil
while attending a public school, juvenile court
school, or non-public non-sectarian school or agency.
While this provision is in the Juvenile Court School
article of the Education Code, it is interpreted to
apply to all pupils (as indicated in a June 2007
communication from the Superintendent of Public
Instruction to county and district superintendents).
It is unclear to staff what happens in situations
where a pupil is awarded partial credit in a course
that is necessary to meet state graduation
requirements. It is likely that each school district
or county office of education makes the determination
about awarding a diploma in those situations. This
bill does not affect provisions relative to graduation
requirements.
5) Technical amendments . This bill requires the
provision of credit for coursework completed by a
foster youth while attending another school district,
while current law requires credit to be given for
coursework completed while attending another public
school. Staff recommends an amendment to change
"school district" to "public school" (page 3, lines 4
and 10).
This bill prohibits a school district from requiring a
pupil in foster care to retake a course or portions of
a course for which full or partial credit has been
given. Staff recommends an amendment to additionally
prohibit a county office of education from requiring a
pupil to retake coursework, to be consistent with
other provisions of this bill (page 3, line 11).
6) Related legislation . SB 699 (Runner) caps the age at
which foster youth who transfer schools in the 11th or
12th grade may be exempt from local graduation
requirement that exceed state graduation requirements.
SB 699 is pending in this Committee.
SUPPORT
SB 578
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County of San Bernardino
County Welfare Directors Association of California
OPPOSITION
None on file.