BILL NUMBER: AB 2276 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY MARCH 28, 2014
INTRODUCED BY Assembly Member Bocanegra
FEBRUARY 21, 2014
An act to amend Sections 48645.5, 49069.5, and 51225.2 of, to
add Section 48647 to, and to add and repeal Section 48648 of, the
Education Code, relating to pupils.
LEGISLATIVE COUNSEL'S DIGEST
AB 2276, as amended, Bocanegra. Pupils: transfers from juvenile
court schools.
Existing law affords various protections for the enrollment of
pupils in foster care in schools, including, among others, expedited
enrollment and speedy transfer of academic records when a pupil in
foster care is transferring schools, and establishes procedures for
the acceptance of coursework for pupils in foster care, including
coursework completed in a juvenile court school. Existing law defines
"pupil in foster care" for purposes of those provisions to include,
among others, a person who has violated the law and has been adjudged
a ward of the court, as specified. Existing law also provides for
the administration and operation of juvenile court schools by county
offices of education, and sets forth separate protections
specifically applicable to pupils who have had contact with the
juvenile justice system, including prohibiting a pupil from being
denied enrollment or readmission to a public school because he or she
has had contact with the juvenile justice system.
This bill would revise the definition of "pupil in foster care"
referenced above to specifically include pupils who have been
enrolled in juvenile court schools. The bill would specify that a
pupil who has been enrolled in a juvenile court school, upon release,
shall not be denied immediate enrollment in a regular public school
for specified reasons, including, but not limited to, a delay in the
transfer of academic records. The bill would require a county office
of education and county probation department to meet to develop a
transition planning policy relating to pupils who are being released
from juvenile court schools. By imposing additional requirements on
local governmental entities, the bill would impose a state-mandated
local program. The bill would specify that local educational agencies
are strongly encouraged to enter into memoranda of understanding and
create joint policies, as specified, regarding the immediate
enrollment of pupils transferring from juvenile court schools. The
bill would require the Superintendent of Public Instruction and the
Board of State and Community Corrections to convene a statewide group
to develop a model and study relating to the transfer of academic
records and enrollment of pupils who are being transferred from
juvenile court schools, and would require the statewide group to
report its findings and recommendations to the Legislature on or
before January 1, 2016. The bill would revise legislative findings
and declarations regarding the transfer of pupils in foster care who
have had contact with the juvenile justice system, and would make
other clarifying and conforming changes.
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.
Existing law provides for the administration and operation of
juvenile court schools, including, among others, public schools in
juvenile halls and juvenile ranches. Existing law provides certain
protections to a foster child when transferring schools, including,
among others, expedited enrollment and speedy transfer of academic
records.
This bill would express the Legislature's intent to enact
legislation that would extend some of the protections currently
provided to a foster child when transferring schools to a child
transferring from a juvenile court school to another public school,
including immediate enrollment in the new school and speedy transfer
of academic and other records from the school last attended by the
child.
Vote: majority. Appropriation: no. Fiscal committee: no
yes . State-mandated local program: no
yes .
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 48645.5 of the
Education Code is amended to read:
48645.5. (a) Each public school district and county office of
education shall 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.
The coursework shall be transferred by means of the standard state
transcript. If a pupil completes the graduation requirements of his
or her school district of residence while being detained, the school
district of residence shall issue to the pupil a diploma from the
school the pupil last attended before detention or, in the
alternative, the county superintendent of schools may issue the
diploma.
(b) A pupil shall not be denied enrollment or readmission to a
public school solely on the basis that he or she has had contact with
the juvenile justice system, including, but not limited to:
(1) Arrest.
(2) Adjudication by a juvenile court.
(3) Formal or informal supervision by a probation officer.
(4) Detention for any length of time in a juvenile facility or
enrollment in a juvenile court school.
(c) A pupil who has been enrolled in a juvenile court school, upon
release, shall not be denied immediate enrollment in a regular
public school for any of the reasons specified in subparagraph (B) of
paragraph (8) of subdivision (e) of Section 48853.5, including, but
not limited to, a delay in the transfer of academic records.
SEC. 2. Section 48647 is added to the
Education Code , to read:
48647. (a) Local educational agencies are strongly encouraged to
enter into memoranda of understanding and create joint policies,
systems, including data sharing systems, transition centers, and
other joint structures that will allow for the immediate transfer of
educational records, create uniform systems for calculating and
awarding course credit, and allow for the immediate enrollment of
pupils transferring from juvenile court schools.
(b) As part of their existing responsibilities for coordinating
education and services for youth in the juvenile justice system, the
county office of education and county probation department shall
convene a meeting to develop a transition planning policy to improve
communication regarding dates of release and the educational needs
for pupils who have had contact with the juvenile justice system, to
coordinate immediate school placement, and to ensure that probation
officers in the community have the information they need to support
the return of pupils who are being transferred from juvenile court
schools to regular public schools in their communities.
SEC. 3. Section 48648 is added to the
Education Code , to read:
48648. (a) The Superintendent and the Board of State and
Community Corrections shall convene a statewide group with
stakeholders from the community, advocacy organizations, and
education and probation department leaders to develop a model and
study existing successful county programs for the immediate transfer
of educational records, uniform systems for calculating and awarding
credits, transition planning, and immediate enrollment of pupils who
are being transferred from juvenile court schools.
(b) (1) On or before January 1, 2016, the statewide group shall
report its findings and provide recommendations for state action to
the Legislature and appropriate policy committees.
(2) The report shall be submitted in compliance with Section 9795
of the Government Code.
(c) Pursuant to Section 10231.5 of the Government Code, this
section is repealed on January 1, 2020.
SEC. 4. Section 49069.5 of the
Education Code is amended to read:
49069.5. (a) The Legislature finds and declares that the
all of the following:
(1) The mobility of pupils in
foster care often disrupts their educational experience. The
Legislature also finds that efficient
(2) Efficient transfer procedures
and transfer of pupil records is a critical factor in the swift
placement of foster children in educational settings.
(3) Pupils who have had contact with the juvenile justice system
are often denied credit or partial credit earned during enrollment in
juvenile court schools. Delays in school enrollment and loss of
earned credit can result in improper class or school placement,
denial of special education services, and school drop out.
(b) The proper and timely transfer between schools of pupils in
foster care is the responsibility of both the local educational
agency and the county placing agency. agency
or, for juvenile court school pupils, the county board of education
that provides for the administration and operation of a juvenile
court school pursuant to Section 48645.2.
(c) As soon as the county placing agency or county board of
education becomes aware of the need to transfer a pupil in
foster care out of his or her current school, the county placing
agency or county board of education shall contact the
appropriate person at the local educational agency of the pupil. The
county placing agency or county board of education shall
notify the local educational agency of the date that the pupil will
be leaving the school and request that the pupil be transferred out.
(d) Upon receiving a transfer request from a county placing
agency, agency or county board of education,
the local educational agency shall, within two business days,
transfer the pupil out of school and deliver the educational
information and records of the pupil to the next educational
placement.
(e) As part of the transfer process described under subdivisions
(c) and (d), the local educational agency shall compile the complete
educational record of the pupil including a determination of seat
time, full or partial credits earned, current classes and grades,
immunization and other records, and, if applicable, a copy of the
pupil's plan adopted pursuant to Section 504 of the federal
Rehabilitation Act of 1973 (29 U.S.C. Sec. 794 et seq.) or
individualized education program adopted pursuant to the federal
Individuals with Disabilities Education Act (20 U.S.C. Sec. 1400 et
seq.).
(f) The local educational agency shall assign the duties listed in
this section to a person competent to handle the transfer procedure
and aware of the specific educational recordkeeping needs of
homeless, foster, and other transient children who transfer between
schools.
(g) The local educational agency shall ensure that if the pupil in
foster care is absent from school due to a decision to change the
placement of a pupil made by a court or placing agency, the grades
and credits of the pupil will be calculated as of the date the pupil
left school, and no lowering of grades will occur as a result of the
absence of the pupil under these circumstances.
(h) The local educational agency shall ensure that if the pupil in
foster care is absent from school due to a verified court appearance
or related court ordered activity, no lowering of his or her grades
will occur as a result of the absence of the pupil under these
circumstances.
(i) For the purposes of this section, "pupil in
foster care" means any child who has been removed from his or her
home pursuant to Section 309 of the Welfare and Institutions Code, is
the subject of a petition filed under Section 300 or 602 of the
Welfare and Institutions Code, or has been removed from his or her
home and is the subject of a petition filed under Section 300 or 602
of the Welfare and Institutions Code. Code,
and includes, but is not limited to, a child who has been enrolled in
a juvenile court school.
SEC. 5. Section 51225.2 of the
Education Code is amended to read:
51225.2. (a) For purposes of this section, "pupil in foster care"
means any child who has been removed from his or her home pursuant
to Section 309 of the Welfare and Institutions Code, is the subject
of a petition filed under Section 300 or 602 of the Welfare and
Institutions Code, or has been removed from his or her home and is
the subject of a petition filed under Section 300 or 602 of the
Welfare and Institutions Code. Code, and
includes, but is not limited to, a child who has been enrolled in a
juvenile court school.
(b) Notwithstanding any other law, a school district and county
office of education shall accept coursework satisfactorily completed
by a pupil in foster care while attending another public school, a
juvenile court school, or a nonpublic, nonsectarian school or agency
even if the pupil did not complete the entire course and shall issue
that pupil full or partial credit for the coursework completed.
(c) The credits accepted pursuant to subdivision (b) shall be
applied to the same or equivalent course, if applicable, as the
coursework completed in the prior public school, juvenile court
school, or nonpublic, nonsectarian school or agency.
(d) A school district or county office of education shall not
require a pupil in foster care to retake a course if the pupil has
satisfactorily completed the entire course in a public school, a
juvenile court school, or a nonpublic, nonsectarian school or agency.
If the pupil did not complete the entire course, the school district
or county office of education shall not require the pupil to retake
the portion of the course the pupil completed unless the school
district or county office of education, in consultation with the
holder of educational rights for the pupil, finds that the pupil is
reasonably able to complete the requirements in time to graduate from
high school. When partial credit is awarded in a particular course,
the pupil in foster care shall be enrolled in the same or equivalent
course, if applicable, so that the pupil may continue and complete
the entire course.
(e) A pupil in foster care shall not be prevented from retaking or
taking a course to meet the eligibility requirements for admission
to the California State University or the University of California.
SEC. 6. 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.
SECTION 1. It is the intent of the Legislature
to enact legislation that would extend some of the protections
provided to a foster child when transferring schools to a child
transferring from a juvenile court school to another public school,
including, but not limited to, the following:
(a) Immediate enrollment in the new school, even if the child has
outstanding fees, or does not have a uniform, immunization records,
or medical records.
(b) Speedy transfer of all academic and other records from the
last school attended by the child to the new school.