BILL ANALYSIS Ó
Senate Appropriations Committee Fiscal Summary
Senator Kevin de León, Chair
AB 216 (Stone) - Foster Youth: High School Graduation
Requirements
Amended: June 19, 2013 Policy Vote: Education 9-0
Urgency: Yes Mandate: Yes
Hearing Date: July 1, 2013 Consultant: Jacqueline
Wong-Hernandez
This bill meets the criteria for referral to the Suspense File.
Bill Summary: AB 216 provides clarification and expands
implementation requirements for local education agencies (LEAs)
relative to exempting certain pupils in foster care from local
graduation requirements. This bill is an urgency measure.
Fiscal Impact:
Mandate: Potentially significant costs to expand a
statutory mandate on LEAs. Costs would likely be minor for
each LEA, but would likely exceed $100,000 General Fund
statewide.
Average Daily Attendance (ADA): Likely minor increase in
enrollment and ADA funding , to the extent that students in
foster care decide to continue to attend high school for a
5th year as a result of this bill. See staff comments.
Background: Existing law 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) 3 years of English;
b) 2 years of mathematics; c) 2 years of science, including
biological and physical sciences; d) 3 years of social studies,
including United States history and geography; world history,
culture, and geography; one semester of American government and
civics, and one semester of economics; e) 1 year of visual or
performing arts, foreign language, or (until July 1, 2017),
career technical education.; and, f) 2 years of physical
education. (Education Code § 60851 and § 51225.3)
Existing law authorizes school districts to impose additional
coursework requirements as a condition of graduation from high
school. It also, however, requires school districts to exempt a
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pupil in foster care from district graduation requirements that
exceed state requirements if the pupil transfers into the
district, or from one high school to another within a district,
while in the 11th or 12th grade, 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)
Existing law requires school districts to notify a pupil who has
been granted an exemption, and the person holding the right to
make educational decisions for the pupil, if the exemption will
affect the pupil's ability to gain admission to a postsecondary
institution. The notification must also include information
about transfer opportunities available through the California
Community Colleges (CCC). (EC § 51225.3)
Beginning January 1, 2012, foster youth are eligible to receive
support up to 19 years of age; effective January 1, 2013, up to
20 years of age; and effective January 1, 2014, up to 21 years
of age, as long as certain conditions are met, including one or
more of the following:
a) The youth is completing secondary education or a program
leading to an equivalent credential.
b) The youth is enrolled in an institution which provides
postsecondary or vocational education.
c) The youth is participating in a program or activity
designed to promote, or remove barriers to employment.
d) The youth is employed for at least 80 hours per month.
e) The youth is incapable of doing any of the activities
described above due to a medical condition, and that
incapability is supported by regularly updated information
in the case plan of the youth. (Welfare & Institutions
Code § 11403)
Proposed Law: AB 216, an urgency measure, revises and recasts
existing statutes relative to exempting foster youth from local
graduation requirements, and expands the implementation duties
of LEAs. Specifically, this bill:
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1) Clarifies that the existing exemption from local graduation
requirements applies to a pupil in foster care who
transfers between schools any time after the completion of
the pupil's second year of high school.
2) Provides that a school district may determine that a pupil
is reasonably able to complete the local graduation
requirements within the pupil's 5th year of high school,
and if such a determination is made, requires the district
to:
a) Inform the pupil of the option to remain in high
school for a 5th year to
complete the local graduation requirements.
b) Inform the pupil and the person holding the right
to make educational
decisions for the pupil, about how remaining for a 5th
year will affect the pupil's ability to gain admission
to a postsecondary educational institution.
c) Provide information to the pupil about transfer
opportunities available through the CCC.
d) Permit the pupil to stay in school for a 5th year
to complete the local graduation requirements upon
agreement with the pupil, or the person holding the
right to make educational decisions if the pupil is
under age 18.
3) Limits the time that a foster youth may have to complete
local graduation requirements, as determined by the school
district, from the duration of the pupil's eligibility for
foster care to the end of the pupil's 4th year of high
school.
4) Requires, within 30 calendar days of the date that a pupil
who may qualify for the exemption transfers into a school,
the school district to notify the pupil, the person holding
the right to make educational decisions for the pupil, and
the pupil's social worker of the availability of the
exemption and whether the pupil qualifies for the
exemption.
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5) Requires a school district to exempt a pupil at any time if
an exemption is requested and the pupil qualifies for the
exemption.
6) Prohibits a school district from revoking the exemption.
7) Provides that a pupil who is exempted from local graduation
requirements and would otherwise be entitled to continue
attending school is not to be required to accept the
exemption or be denied enrollment in or the ability to
complete courses for which he or she is otherwise eligible,
including courses necessary to attend a university.
8) Prohibits a school district from requiring or requesting
the pupil to graduate before the end of his or her 4th year
of high school if the pupil is exempted from local
graduation requirements and completes the statewide
graduation requirements and would otherwise be entitled to
continue attending school.
9) Clarifies that the exemption is to continue to apply after
the termination of the court's jurisdiction over the pupil
while he or she is enrolled in school or if the pupil
transfers to another school or school district.
10) Prohibits a school district from requiring or requesting
that a pupil transfer schools in order to qualify for an
exemption.
11) Expands existing notification requirements to describe how,
rather than if, any waived graduation requirements will
affect the pupil's ability to gain admission to a
postsecondary educational institution.
Related Legislation: SB 1135 (Runner) 2012 and SB 699 (Runner)
2011 sought to clarify and expand LEA duties related to the
local graduation requirements exemption for pupils in foster
care who transferred schools in their 3rd or 4th years of high
school. Both bills were held under submission in this Committee.
Staff Comments: This bill expands the requirements on LEAs
related to the local graduation requirements exemptions for
certain pupils in foster care. While the graduation exemptions
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and entitlements for the pupil are consistent with existing law,
this bill's new implementation requirements are likely to
constitute a new reimbursable mandate on LEAs. School districts
will incur costs to modify procedures for determining which
pupils are exempt, notifying appropriate parties, and giving new
required guidance specified in this bill. The extent of the
costs will depend upon how this new mandate is implemented at
the local level. Most LEAs will only have minor costs, and may
not seek reimbursement for these changes; if they do, however,
those costs are likely to be deemed reimbursable by the
Commission on State Mandates.
This bill clarifies that pupils in foster care who transfer high
schools in their 3rd or 4th year are entitled to an exemption
from local graduation requirements unless the school district
makes a finding that a foster youth can complete local
graduation requirements by the end of the pupil's 4th year of
high school. Since the original exemption was granted, foster
care eligibility has been extended beyond age 18, and will
eventually be extended to age 21. It is unlikely that school
districts were denying exemptions for eligible pupils because
they could complete local graduation requirements by attending
high school for additional years, but this would make it clear
that such a finding is inappropriate.
This bill provides that a school district may determine that a
pupil is reasonably able to complete the local graduation
requirements within the pupil's 5th year of high school, and if
such a determination is made, requires the district to: a)
Inform the pupil of the option to remain in high school for a
5th year to complete the local graduation requirements; and, b)
inform the pupil and the person holding the right to make
educational decisions for the pupil, about how remaining for a
5th year will affect the pupil's ability to gain admission to a
postsecondary educational institution. For example, if the local
graduation requirement is for each pupil to complete the A-G
course requirements for admission to the University of
California or California State University, a school district
could advise the pupil that while entitled to an exemption, he
or she can reasonably finish completing the requirements in one
additional year and it would be beneficial to do so.
An LEA may also advise a pupil that a 5th year of high school
would automatically entitle the student to extended foster care
services and aid as a nonminor dependent. Foster youth who turn
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18 are entitled to continue in extended foster care if they meet
specified requirements, including either being in school,
working, or participating in a job-related program. Being in
school could either be in secondary or postsecondary education.
To the extent that the benefit makes attending high school for
an additional year more attractive, there could be an increase
in extended foster care services. To the extent that pupils
remain for a 5th year, the LEA will continue to receive ADA
funding for that pupil. The increase is likely to be minor.
Approximately 4,600 foster youth statewide are between the ages
of 18-21 years of age, and this would apply to a small subset of
that population.