California Legislature—2013–14 Regular Session

Assembly Bill No. 216

Introduced by Assembly Members Stone and Maienschein

January 31, 2013

An act to amend Section 51225.3 of, and to add Section 51225.1 to, the Education Code, relating to high school graduation requirements, and declaring the urgency thereof, to take effect immediately.

LEGISLATIVE COUNSEL’S DIGEST

AB 216, as introduced, Stone. High school graduation requirements: pupils in foster care.

Existing law requires a pupil to complete specified courses while in grades 9 to 12, inclusive, in order to receive a diploma of graduation from high school. Existing law authorizes the governing board of a school district to adopt rules specifying additional coursework requirements.

Existing law requires a school district to exempt a pupil in foster care from all coursework and other requirements adopted by the governing board of the school district that are in addition to the statewide coursework requirements for graduation if the pupil, while he or she is in grade 11 or 12, transfers into the school district from another school district or between high schools within the school district, unless the school 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 benefits.

This bill would recast those provisions, and would, instead, require a school district to exempt a foster youth who transfers between schools any time after the completion of the pupils 2nd year of high school from all coursework and other requirements adopted by the governing board of the school district that are in addition to the statewide coursework requirements, unless the school district makes a finding that the pupil is reasonably able to complete the requirements in time to graduate from high school by the end of the pupil’s 4th year of high school. The bill would allow either the number of credits the pupil has earned to date or the length of the pupil’s school enrollment to be used to determine whether a pupil is in the 3rd or 4th year of high school, whichever would qualify the pupil for the exemption. The bill would require the school district to notify, within 30 days of the transfer, a pupil who may qualify for the exemption and the person holding the right to make educational decisions for the pupil of the availability of the exemption and to inform them whether the pupil qualifies for the exemption. The bill would require the school district to notify the pupil, and the adult holding the right to make educational decisions for the pupil, of the effect the waived requirements will have on the pupil’s ability to gain admission to postsecondary educational institutions. The bill would prohibit a school or school district from requiring or requesting that the pupil graduate before the end of his or her 4th year of high school if a pupil is exempted and completes the statewide coursework requirements before the end of his or her 4th year in high school and the pupil is otherwise entitled to remain in attendance at the school.

By requiring school districts to perform additional duties in complying with the exemption requirement, this bill would impose a state-mandated local program.

The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.

This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to these statutory provisions.

This bill would declare that it is to take effect immediately as an urgency statute.

Vote: ²⁄₃. Appropriation: no. Fiscal committee: yes. State-mandated local program: yes.

The people of the State of California do enact as follows:

SECTION 1.  

Section 51225.1 is added to the Education Code,
to read:

51225.1.  

(a) Notwithstanding any other law, a school district
shall exempt a foster youth who transfers between schools any
time after the completion of the pupil’s second year of high school
from all coursework and other requirements adopted by the
governing board of the school district that are in addition to the
statewide coursework requirements specified in Section 51225.3,
unless the school district makes a finding that the pupil is
reasonably able to complete the school district’s graduation
requirements in time to graduate from high school by the end of
the pupil’s fourth year of high school.

(b) To determine whether a pupil is in the third or fourth year
of high school, either the number of credits the pupil has earned
to the date of transfer or the length of the pupil’s school enrollment
may be used, whichever will qualify the pupil for the exemption.

(c) Within 30 days of the date that a pupil who may qualify for
the exemption from local graduation requirements pursuant to this
section transfers into a school, the school district shall notify the
pupil and the adult holding the right to make educational decisions
for the pupil of the availability of the exemption and shall inform
the pupil and the adult holding the right to make educational
decisions for the pupil that the pupil qualifies or does not qualify
for an exemption.

(d) If a pupil is exempted from local graduation requirements
pursuant to this section and completes the statewide coursework
requirements specified in Section 51225.3 before the end of his or
her fourth year in high school and that pupil would otherwise be
entitled to remain in attendance at the school, a school or school
district shall not require or request that the pupil graduate before
the end of his or her fourth year of high school.

(e) If a pupil is exempted from local graduation requirements
pursuant to this section, the school district shall notify the pupil
and the adult holding the right to make educational decisions for
the pupil whether and how any of the requirements that are waived
will affect the pupil’s ability to gain admission to a postsecondary
educational institution and shall provide information about transfer
opportunities available through the California Community
Colleges.

(f) If a pupil is exempted from local graduation requirements
pursuant to this section and that pupil would otherwise be entitled
to remain in attendance at the school, nothing in this section shall
be construed to require a pupil to accept the exemption, or to deny
a pupil enrollment in or the ability to complete courses for which
he or she is otherwise eligible, including courses necessary to
attend a four-year state university, regardless of whether those
courses are required for statewide graduation requirements.

(g) If a pupil is not exempted from local graduation requirements
pursuant to this section, a school district shall exempt the pupil at
any time if an exemption is requested and the pupil qualifies for
the exemption.

(h) If a pupil is exempted from local graduation requirements
pursuant to this section, a school district shall not revoke the
exemption.

SEC. 2.  

Section 51225.3 of the Education Code, as amended
by Section 3 of Chapter 621 of the Statutes of 2011, is amended
to read:

51225.3.  

(a) A pupil shall complete all of the following while
in grades 9 to 12, inclusive, in order to receive a diploma of
graduation from high school:

(1) At least the following numbers of courses in the subjects
specified, each course having a duration of one year, unless
otherwise specified:

(A) Three courses in English.

(B) Two courses in mathematics.

(C) Two courses in science, including biological and physical
sciences.

(D) Three courses in social studies, including United States
history and geography; world history, culture, and geography; a
one-semester course in American government and civics; and a
one-semester course in economics.

(E) One course in visual or performing arts, foreign language,
or, commencing with the 2012-13 school year, career technical
education.

(i) For purposes of satisfying the requirement specified in this
subparagraph, a course in American Sign Language shall be
deemed a course in foreign language.

(ii) For purposes of this subparagraph, “a course in career
technical education” means a course in a district-operated career
technical education program that is aligned to the career technical
model curriculum standards and framework adopted by the state
board, including courses through a regional occupational center
or program operated by a county superintendent of schools or
pursuant to a joint powers agreement.

(iii) This subparagraph does not require a school or school
district that currently does not offer career technical education
courses to start new career technical education programs for
purposes of this section.

(iv) If a school district or county office of education elects to
allow a career technical education course to satisfy the requirement
imposed by this subparagraph, the governing board of the school
district or county office of education, begin delete prior to end delete begin insert before end insert offering that
alternative to pupils, shall notify parents, teachers, pupils, and the
public at a regularly scheduled meeting of the governing board of
all of the following:

(I) The intent to offer career technical education courses to fulfill
the graduation requirement specified in this subparagraph.

(II) The impact that offering career technical education courses,
pursuant to this subparagraph, will have on the availability of
courses that meet the eligibility requirements for admission to the
California State University and the University of California, and
whether the career technical education courses to be offered
pursuant to this subparagraph are approved to satisfy those
eligibility requirements. If a school district elects to allow a career
technical education course to satisfy the requirement imposed by
this subparagraph, the school district shall comply with subdivision
(m) of Section 48980.

(III) The distinction, if any, between the high school graduation
requirements of the school district or county office of education,
and the eligibility requirements for admission to the California
State University and the University of California.

(F) Two courses in physical education, unless the pupil has been
exempted pursuant to the provisions of this code.

(2) Other coursework requirements adopted by the governing
board of the school district.

(b) The governing board, with the active involvement of parents,
administrators, teachers, and pupils, shall adopt alternative means
for pupils to complete the prescribed course of study that may
include practical demonstration of skills and competencies,
supervised work experience or other outside school experience,
career technical education classes offered in high schools, courses
offered by regional occupational centers or programs,
interdisciplinary study, independent study, and credit earned at a
postsecondary begin insert educational end insert institution. Requirements for graduation
and specified alternative modes for completing the prescribed
course of study shall be made available to pupils, parents, and the
public.

begin delete end delete begin delete

(c) Notwithstanding any other law, a school district shall exempt
a pupil in foster care from all coursework and other requirements
adopted by the governing board of the district that are in addition
to the statewide coursework requirements specified in this section
if the pupil, while he or she is in grade 11 or 12, transfers into the
district from another school 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 benefits pursuant to state law. A school district shall
notify a pupil in foster care who is granted an exemption pursuant
to this subdivision, and, as appropriate, the person holding the
right to make educational decisions for the pupil, if any of the
requirements that are waived will affect the pupil’s ability to gain
admission to a postsecondary educational institution and shall
provide information about transfer opportunities available through
the California Community Colleges.

end delete begin delete end delete begin delete

(d)

end delete

begin insert (c) end insert  On or before July 1, 2017, the department shall submit a
comprehensive report to the appropriate policy committees of the
Legislature on the addition of career technical education courses
to satisfy the requirement specified in subparagraph (E) of
paragraph (1) of subdivision (a), including, but not limited to, the
following information:

(1) A comparison of the pupil enrollment in career technical
education courses, foreign language courses, and visual and
performing arts courses for the 2005-06 to 2011-12 school years,
inclusive, to the pupil enrollment in career technical education
courses, foreign language courses, and visual and performing arts
courses for the 2012-13 to 2016-17 school years, inclusive.

(2) The reasons, reported by school districts, that pupils give
for choosing to enroll in a career technical education course to
satisfy the requirement specified in subparagraph (E) of paragraph
(1) of subdivision (a).

(3) The type and number of career technical education courses
that were conducted for the 2005-06 to 2011-12 school years,
inclusive, compared to the type and number of career technical
education courses that were conducted for the 2012-13 to 2016-17
school years, inclusive.

(4) The number of career technical education courses that
satisfied the subject matter requirements for admission to the
University of California or the California State University.

(5) The extent to which the career technical education courses
chosen by pupils are aligned with the California Career Technical
Education Standards, and prepare pupils for employment, advanced
training, and postsecondary education.

(6) The number of career technical education courses that also
satisfy the visual and performing arts requirement, and the number
of career technical education courses that also satisfy the foreign
language requirement.

(7) Annual pupil dropout and graduation rates for the 2011-12
to 2014-15 school years, inclusive.

begin delete

(e)

end delete

begin insert (d) end insert  For purposes of completing the report described in
subdivision begin delete (d), end delete begin insert (c), end insert the Superintendent may use existing state
resources and federal funds. If state or federal funds are not
available or sufficient, the Superintendent may apply for and accept
grants, and receive donations and other financial support from
public or private sources for purposes of this section.

begin delete

(f)

end delete

begin insert (e) end insert  For purposes of completing the report described in
subdivision begin delete (d), end delete begin insert (c), end insert the Superintendent may accept support,
including, but not limited to, financial and technical support, from
high school reform advocates, teachers, chamber organizations,
industry representatives, research centers, parents, and pupils.

begin delete

(g)

end delete

begin insert (f) end insert  This section shall become inoperative on the earlier of the
following two dates:

(1) On July 1, immediately following the first fiscal year after
the enactment of the act that adds this paragraph in which the
number of career technical education courses that, as determined
by the department, satisfy the foreign language requirement for
admission to the California State University and the University of
California is at least twice the number of career technical education
courses that meet these admission requirements as of January 1,
2012. This section shall be repealed on the following January 1,
unless a later enacted statute, that becomes operative on or before
that date, deletes or extends the dates on which it becomes
inoperative and is repealed. It is the intent of the Legislature that
new career technical education courses that satisfy the foreign
language requirement for admission to the California State
University and the University of California focus on world
languages aligned with career preparation, emphasizing real-world
application and technical content in related career and technical
education courses.

(2) On July 1, 2017, and, as of January 1, 2018, is repealed,
unless a later enacted statute, that becomes operative on or before
January 1, 2018, deletes or extends the dates on which it becomes
inoperative and is repealed.

SEC. 3.  

Section 51225.3 of the Education Code, as added by
Section 4 of Chapter 621 of the Statutes of 2011, is amended to
read:

51225.3.  

(a) A pupil shall complete all of the following while
in grades 9 to 12, inclusive, in order to receive a diploma of
graduation from high school:

(1) At least the following numbers of courses in the subjects
specified, each course having a duration of one year, unless
otherwise specified:

(A) Three courses in English.

(B) Two courses in mathematics.

(C) Two courses in science, including biological and physical
sciences.

(D) Three courses in social studies, including United States
history and geography; world history, culture, and geography; a
one-semester course in American government and civics; and a
one-semester course in economics.

(E) One course in visual or performing arts or foreign language.
For purposes of satisfying the requirement specified in this
subparagraph, a course in American Sign Language shall be
deemed a course in foreign language.

(F) Two courses in physical education, unless the pupil has been
exempted pursuant to the provisions of this code.

(2) Other coursework requirements adopted by the governing
board of the school district.

(b) The governing board, with the active involvement of parents,
administrators, teachers, and pupils, shall adopt alternative means
for pupils to complete the prescribed course of study that may
include practical demonstration of skills and competencies,
supervised work experience or other outside school experience,
career technical education classes offered in high schools, courses
offered by regional occupational centers or programs,
interdisciplinary study, independent study, and credit earned at a
postsecondary institution. Requirements for graduation and
specified alternative modes for completing the prescribed course
of study shall be made available to pupils, parents, and the public.

begin delete end delete begin delete

(c) Notwithstanding any other law, a school district shall exempt
a pupil in foster care from all coursework and other requirements
adopted by the governing board of the district that are in addition
to the statewide coursework requirements specified in this section
if the pupil, while he or she is in grade 11 or 12, transfers into the
district from another school 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 benefits pursuant to state law. A school district shall
notify a pupil in foster care who is granted an exemption pursuant
to this subdivision, and, as appropriate, the person holding the
right to make educational decisions for the pupil, if any of the
requirements that are waived will affect the pupil’s ability to gain
admission to a postsecondary educational institution and shall
provide information about transfer opportunities available through
the California Community Colleges.

end delete begin delete end delete begin delete

(d)

end delete

begin insert (c) end insert  If a pupil completed a career technical education course
that met the requirements of subparagraph (E) of paragraph (1) of
subdivision (a) of Section 51225.3, as amended by the act adding
this section, begin delete prior to end delete begin insert before end insert the inoperative date of that section,
that course shall be deemed to fulfill the requirements of
subparagraph (E) of paragraph (1) of subdivision (a) of this section.

begin delete

(e)

end delete

begin insert (d) end insert  This section shall become operative upon the date that
Section 51225.3, as amended by the act adding this section,
becomes inoperative.

SEC. 4.  

 If the Commission on State Mandates determines
that this act contains costs mandated by the state, reimbursement
to local agencies and school districts for those costs shall be made
pursuant to Part 7 (commencing with Section 17500) of Division
4 of Title 2 of the Government Code.

SEC. 5.  

This act is an urgency statute necessary for the
immediate preservation of the public peace, health, or safety within
the meaning of Article IV of the Constitution and shall go into
immediate effect. The facts constituting the necessity are:

In order to ensure that pupils in foster care who are eligible for
foster care benefits are eligible to graduate from high school in
the 2012-13 academic year, it is necessary for this act to take effect
immediately.