BILL ANALYSIS Ó
AB 216
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Date of Hearing: April 10, 2013
ASSEMBLY COMMITTEE ON APPROPRIATIONS
Mike Gatto, Chair
AB 216 (Stone) - As Introduced: January 31, 2013
Policy Committee: Education
Vote:6-0
Urgency: Yes State Mandated Local Program:
Yes Reimbursable: Yes
SUMMARY
This bill makes the following changes to graduation requirement
exemptions provided to foster youth pupils who transfer to a new
school or school district:
1)Requires a school district to notify the pupil and the adult
who is able to make educational decisions for that pupil
within 30 days that the pupil qualifies for a graduation
exemption, as specified.
2)Specifies either the number of credits the pupil has earned or
the length of the pupil's school enrollment may be used to
qualify for the exemption.
3)Prohibits a school or district from requiring or requesting
the pupil graduate before the end of his or her fourth year of
high school, as specified.
4)Prohibits a school or district from denying the pupil
enrollment in or the ability to complete courses which he or
she is otherwise eligible regardless of whether those courses
are required for graduation, as specified.
5)Prohibits a school district from revoking the exemption if it
is granted to a pupil.
FISCAL EFFECT
Minor, absorbable, GF/98 state reimbursable mandated costs,
likely less than $50,000, to school districts to comply with the
requirements of this measure. The underlying mandate of
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notifying foster youth pupils and the adult who makes
educational decisions for the pupil is in effect. This measure
makes modifications and prohibitions to ensure the exemption is
more clear and is implemented in the manner it was intended.
COMMENTS
1)Purpose . AB 167 (Adams), Chapter 224, Statutes of 2009,
exempted foster youth pupils from school district graduation
requirements that exceed state requirements if the pupil
transfers to the district, or transfers from one high school
to another within a district, in the 11th or 12th grade.
At the time AB 167 was being considered the federal government
was in the process of extending services to foster youth until
the age of 21. In anticipation of this change, Chapter 224
provided school districts with the authority to deny a
graduation requirement exemption if it makes a finding that
the pupil is reasonably able to meet the additional graduation
requirements in time to graduate from high school while he or
she remains eligible for foster care benefits (i.e., age 21).
The author contends this language has created an inadvertent
consequence that a school district could keep a foster youth
pupil until the age of 21 and therefore, this pupil can
reasonable meet all graduation requirements without an
exemption.
According to the author, "Although it is uncommon for a school
district to retain any student beyond the age of 19, a youth
could remain in high school as long as they are eligible for
foster care."
2)Existing law requires students in grades 9 to 12 to take three
courses in English, two courses in mathematics, two courses in
science, three courses in social studies, one course in visual
or performing arts of foreign language, and two courses in
physical education. It also authorizes school districts to add
other requirements for graduation at their discretion.
AB 12 (Beall), Chapter 559, Statutes of 2010, extended foster
care benefits to children between the ages of 18 and 21,
including the ability to attend school until this age. This
change was enacted in conjunction with modifications made at
the federal level, including additional funding to provide
these services. As of January 2013, there are 56,495 children
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in California's foster care system. Of this number,
approximately 4,600 are between the ages of 18-21 years of
age.
3)AB 490 (Steinberg), Chapter 862, Statues of 2003 , provided
school districts, county social service agencies, and other
professionals with additional responsibilities to facilitate
educational equity for foster children. Chapter 862 specifies
that when a foster child changes schools, the school must
immediately enroll the student, even if the student is missing
things usually required for enrollment (e.g. academic and
medical records, immunization records, proof of residency, a
school uniform) or if the student owes fees or materials to a
prior school. Every school district is also required to
appoint a foster care liaison to serve foster children.
Analysis Prepared by : Kimberly Rodriguez / APPR. / (916)
319-2081