California Legislature—2015–16 Regular Session

Assembly Bill No. 379

Introduced by Assembly Member Gordon

February 18, 2015

An act to amend Sections 48850, 48853, 48853.5, 49069.5, 51225.1, and 51225.2 of the Education Code, relating to foster youth.

LEGISLATIVE COUNSEL’S DIGEST

AB 379, as introduced, Gordon. Foster youth: complaint of noncompliance.

(1) Existing law states the intent of the Legislature to ensure that all pupils in foster care and those who are homeless, as defined, have a meaningful opportunity to meet state pupil academic achievement standards, and requires educators, juvenile courts, and certain other persons to work together to, among other things, ensure that each pupil has access to the academic resources, services, and extracurricular and enrichment activities that are available to all pupils. Existing law requires a foster child who changes residences pursuant to a court order or decision of a child welfare worker or a homeless child or youth to be immediately deemed to meet all residency requirements for participation in interscholastic sports or other extracurricular activities.

This bill would authorize the filing of a complaint of noncompliance with the latter provision to be filed with the local educational agency under the Uniform Complaint Procedures set forth in the California Code of Regulations. The bill would also require information regarding the requirements of the provision relating to foster and homeless children and youth residency requirements for participation in interscholastic sports or other extracurricular activities to be included in a specified annual notification. By imposing additional requirements on local educational agencies, this bill would impose a state-mandated local program.

(2) Existing law requires certain pupils placed in a licensed children’s institution or foster family home to attend programs operated by the local educational agency unless a specified condition applies. Existing law authorizes certain foster children living in emergency shelters to receive educational services at the emergency shelter as necessary for short periods of time for specified reasons. Existing law requires that all educational and school placement decisions be based on the best interests of the child.

This bill would specify that the short period of time described above not exceed 5 schooldays. The bill would specify that all educational and school placement decisions are required to be based on the best interests of the child as determined by the parent or guardian, or other person holding the right to make educational decisions for the pupil. The bill would authorize the filing of a complaint of noncompliance with these provisions to be filed with the local educational agency under the Uniform Complaint Procedures set forth in the California Code of Regulations, except as otherwise specified. The bill would require a pupil to be awarded compensatory educational services if a decision of either the local educational agency or the State Department of Education determines that the local educational agency has violated a pupil’s right to remain in his or her school of origin pending resolution of a dispute regarding school placement, as specified. The bill would also require information regarding the requirements of these provisions relating to educational and school placements of certain foster youth to be included in a specified annual notification. By imposing additional requirements on local educational agencies, this bill would impose a state-mandated local program.

(3) Existing law requires each local educational agency, as defined, to designate a staff person as the educational liaison for foster children, as defined. Existing law requires the educational liaison to ensure and facilitate the proper educational placement, enrollment in school, and checkout from school of foster children, and to assist foster children when transferring from one school to another school or from one school district to another school district in ensuring the proper transfer of credits, records, and grades.

This bill would authorize the filing of a complaint of noncompliance with these provisions to be filed with the local educational agency under the Uniform Complaint Procedures set forth in the California Code of Regulations, except as otherwise specified. The bill would require a pupil to be awarded compensatory educational services if a decision of either the local educational agency or the State Department of Education determines that the local educational agency has violated a pupil’s right to immediate enrollment or a pupil’s right to remain in his or her school of origin pending resolution of a dispute regarding the request of a foster child to remain in the school of origin, as specified. The bill would also require information regarding the requirements of these provisions relating to educational and school placements of certain foster youth to be included in a specified annual notification. By imposing additional requirements on local educational agencies, this bill would impose a state-mandated local program.

(4) Existing law establishes procedures for the transfer of pupils in foster care between schools and, among other things, requires the local educational agency from which the pupil is transferring to compile the complete educational record of the pupil, including, among other things, full or partial credits earned and current classes and grades, and to deliver the educational information and records of the pupil to the next educational placement.

This bill would authorize the filing of a complaint of noncompliance with these provisions to be filed with the local educational agency under the Uniform Complaint Procedures set forth in the California Code of Regulations. The bill would also require information regarding the requirements of these provisions relating to the transfer of pupils in foster care between schools to be included in a specified annual notification. By imposing additional requirements on local educational agencies, this bill would impose a state-mandated local program.

(5) Existing law requires a school district, except as provided, to exempt a pupil in foster care, as defined, or a pupil who is a homeless child or youth, as defined, who transfers between schools any time after the completion of the pupil’s 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 certain statewide coursework requirements. Existing law requires the school district to notify specified individuals, including a pupil in foster care or a pupil who is a homeless child or youth, within 30 calendar days of the date that the pupil who may qualify for the exemption from local graduation requirements transfers into a school, that the pupil qualifies for that exemption.

This bill would authorize the filing of a complaint of noncompliance with these provisions to be filed with the local educational agency under the Uniform Complaint Procedures set forth in the California Code of Regulations, except as otherwise specified. The bill would also require information regarding the requirements of these provisions relating to exempting certain pupils from specified coursework to be included in a specified annual notification. By imposing additional requirements on local educational agencies, this bill would impose a state-mandated local program.

(6) Existing law requires a school district and county office of education to accept coursework satisfactorily completed by a pupil in foster care or a pupil who is a homeless child 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 requires the school district and county office of education to issue the pupil full or partial credit for the coursework completed. Existing law requires those credits accepted to 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.

This bill would authorize the filing of a complaint of noncompliance with these provisions to be filed with the local educational agency under the Uniform Complaint Procedures set forth in the California Code of Regulations. The bill would also require information regarding the requirements of these provisions relating to the requirement that local educational agencies accept coursework satisfactorily completed by certain pupils, as specified, to be included in a specified annual notification. By imposing additional requirements on local educational agencies, this bill would impose a state-mandated local program.

(7) 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.

Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: yes.

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

SECTION 1.  

Section 48850 of the Education Code is amended
to read:

48850.  

(a) (1) It is the intent of the Legislature to ensure that
all pupils in foster care and those who are homeless, as defined by
the federal McKinney-Vento Homeless Assistance Act (42 U.S.C.
Sec. 11301 et seq.), have a meaningful opportunity to meet the
challenging state pupil academic achievement standards to which
all pupils are held. In fulfilling their responsibilities to these pupils,
educators, county placing agencies, care providers, advocates, and
the juvenile courts shall work together to maintain stable school
placements and to ensure that each pupil is placed in the least
restrictive educational programs, and has access to the academic
resources, services, and extracurricular and enrichment activities
that are available to all pupils, including, but not necessarily limited
to, interscholastic sports administered by the California
Interscholastic Federation. In all instances, educational and school
placement decisions shall be based on the best interests of the child
and shall consider, among other factors, educational stability and
the opportunity to be educated in the least restrictive educational
setting necessary to achieve academic progress.

(2) A foster child who changes residences pursuant to a court
order or decision of a child welfare worker or a homeless child or
youth shall be immediately deemed to meet all residency
requirements for participation in interscholastic sports or other
extracurricular activities.

begin insert

(A) A complaint of noncompliance with the requirements of this
paragraph may be filed with the local educational agency under
the Uniform Complaint Procedures set forth in Chapter 5.1
(commencing with Section 4600) of Division 1 of Title 5 of the
California Code of Regulations.

end insert begin insert

(B) A complainant not satisfied with the decision of a local
educational agency may appeal the decision to the department
pursuant to Chapter 5.1 (commencing with Section 4600) of
Division 1 of Title 5 of the California Code of Regulations and
shall receive a written decision regarding the appeal within 60
days of the department’s receipt of the appeal.

end insert begin insert

(C) Information regarding the requirements of this subdivision
shall be included in the annual notification distributed to, among
others, pupils, parents or guardians of pupils, employees, and
other interested parties pursuant to Section 4622 of Title 5 of the
California Code of Regulations.

end insert

(3) (A) Pursuant to the federal McKinney-Vento Homeless
Assistance Act (42 U.S.C. Sec. 11301 et seq.), public schools,
including charter schools, and county offices of education shall
immediately enroll a homeless child or youth seeking enrollment
except where the enrollment would be in conflict with subdivision
(d) of Section 47605.

(B) The department and the State Department of Social Services
shall identify representatives from the department, the State
Department of Social Services, and other state agencies that have
experience in homeless youth issues to develop policies and
practices to support homeless children and youths and to ensure
that child abuse and neglect reporting requirements do not create
barriers to the school enrollment and attendance of homeless
children or youths, including, but not limited to, ensuring that a
pupil who is a homeless child or youth is not reported to law
enforcement by school personnel if the sole reason for the report
is the pupil’s homelessness. The selected representatives shall
present the policies and practices to the Superintendent and the
State Department of Social Services to be considered for
implementation or dissemination, as appropriate.

(b) Every county office of education shall make available to
agencies that place children in licensed children’s institutions
information on educational options for children residing in licensed
children’s institutions within the jurisdiction of the county office
of education for use by the placing agencies in assisting parents
and foster children to choose educational placements.

(c) For purposes of individuals with exceptional needs residing
in licensed children’s institutions, making a copy of the annual
service plan, prepared pursuant to subdivision (b) of Section 56205,
available to those special education local plan areas that have
revised their local plans pursuant to Section 56836.03 shall meet
the requirements of subdivision (b).

(d) For purposes of this section, “homeless child or youth” and
“homeless children and youths” are defined in Section 11434a(2)
of Title 42 of the United States Code.

SEC. 2.  

Section 48853 of the Education Code is amended to
read:

48853.  

(a) A pupil described in subdivision (a) of Section
48853.5 who is placed in a licensed children’s institution or foster
family home shall attend programs operated by the local
educational agency, unless one of the following applies:

(1) The pupil is entitled to remain in his or her school of origin
pursuant to paragraph (1) of subdivision (d) of Section 48853.5.

(2) The pupil has an individualized education program requiring
placement in a nonpublic, nonsectarian school or agency, or in
another local educational agency.

(3) The parent or guardian, or other person holding the right to
make educational decisions for the pupil pursuant to Section 361
or 726 of the Welfare and Institutions Code or Section 56055,
determines that it is in the best interests of the pupil to be placed
in another educational program, in which case the parent or
guardian or other person holding the right to make educational
decisions for the pupil shall provide a written statement that he or
she has made that determination to the local educational agency.
This statement shall include a declaration that the parent, guardian,
or other person holding the right to make educational decisions
for the pupil is aware of all of the following:

(A) The pupil has a right to attend a regular public school in the
least restrictive environment.

(B) The alternate education program is a special education
program, if applicable.

(C) The decision to unilaterally remove the pupil from the
regular public school and to place the pupil in an alternate
education program may not be financed by the local educational
agency.

(D) Any attempt to seek reimbursement for the alternate
education program may be at the expense of the parent, guardian,
or other person holding the right to make educational decisions
for the pupil.

(b) For purposes of ensuring a parent, guardian, or other person
holding the right to make educational decisions for the pupil is
aware of the information described in subparagraphs (A) to (D),
inclusive, of paragraph (3) of subdivision (a), the local educational
agency may provide him or her with that information in writing.

(c) Before any decision is made to place a pupil in a juvenile
court school as defined by Section 48645.1, a community school
as described in Sections 1981 and 48660, or other alternative
educational setting, the parent or guardian, or person holding the
right to make educational decisions for the pupil pursuant to
Section 361 or 726 of the Welfare and Institutions Code or Section
56055, shall first consider placement in the regular public school.

(d) If any dispute arises as to the school placement of a pupil
subject to this section, the pupil has the right to remain in his or
her school of origin, as defined in subdivision (e) of Section
48853.5, pending resolution of the dispute. The dispute shall be
resolved in accordance with the existing dispute resolution process
available to any pupil served by the local educational agency.

(e) This section does not supersede other laws that govern pupil
expulsion.

(f) This section does not supersede any other law governing the
educational placement in a juvenile court school, as defined by
Section 48645.1, of a pupil detained in a county juvenile hall, or
committed to a county juvenile ranch, camp, forestry camp, or
regional facility.

(g)  begin insert (1) end insert begin insert   end insert Foster children living in emergency shelters, as
referenced in the federal McKinney-Vento Homeless Assistance
Act (42 U.S.C. Sec. 11301 et seq.), may receive educational
services at the emergency shelter as necessary for short periods of
time begin insert , not to exceed five schooldays, end insert for either of the following
reasons:

begin delete

(1)

end delete

begin insert (A) end insert  For health and safety emergencies.

begin delete

(2)

end delete

begin insert (B) end insert  To provide temporary, special, and supplementary services
to meet the child’s unique needs if a decision regarding whether
it is in the child’s best interests to attend the school of origin cannot
be made promptly, it is not practical to transport the child to the
school of origin, and the child would otherwise not receive
educational services.

begin delete

The

end delete

begin insert (2) end insert begin insert   end insert begin insert The end insert educational services may be provided at the shelter
pending a determination by the person holding the right regarding
the educational placement of the child.

(h) All educational and school placement decisions shall be
made to ensure that the child is placed in the least restrictive
educational programs and has access to academic resources,
services, and extracurricular and enrichment activities that are
available to all pupils. In all instances, educational and school
placement decisions shall be based on the best interests of the child
begin insert as determined by the parent or guardian, or other person holding
the right to make educational decisions for the pupil end insert .

begin insert

(i) (1) A complaint of noncompliance with the requirements of
this section may be filed with the local educational agency under
the Uniform Complaint Procedures set forth in Chapter 5.1
(commencing with Section 4600) of Division 1 of Title 5 of the
California Code of Regulations.

end insert begin insert

(A) Within five schooldays of receiving a complaint alleging a
violation of a pupil’s right to remain in his or her school of origin
pending resolution of a dispute regarding school placement,
pursuant to subdivision (d), the local educational agency shall
conduct a complete investigation and prepare a written local
educational agency decision. The investigation and decision shall
comply with the requirements of subdivisions (b) to (d), inclusive,
of and paragraphs (1) to (7), inclusive, of subdivision (e) of Section
4631 of Title 5 of the California Code of Regulations.

end insert begin insert

(B) All other complaints of noncompliance with the requirements
of this section shall be investigated and determined by the local
educational agency in accordance with the timelines provided in
Section 4631 of Title 5 of the California Code of Regulations.

end insert begin insert

(2) A complainant not satisfied with the decision of a local
educational agency may appeal the decision to the department
pursuant to Chapter 5.1 (commencing with Section 4600) of
Division 1 of Title 5 of the California Code of Regulations.

end insert begin insert

(A) If the complainant appeals a local educational agency
decision regarding an alleged violation of a pupil’s right to remain
in his or her school of origin pending resolution of a dispute
regarding school placement, pursuant to subdivision (d), the
department shall issue a written decision regarding the appeal
within 30 days of the department’s receipt of the appeal.

end insert begin insert

(B) For all other appeals from local educational agency
decisions related to this section, the department shall issue a
written decision regarding the appeal within 60 days of the
department’s receipt of the appeal.

end insert begin insert

(3) If a decision of either the local educational agency or the
department determines that the local educational agency has
violated a pupil’s right to remain in his or her school of origin
pending resolution of a dispute regarding school placement,
pursuant to subdivision (d), and that violation has interrupted the
pupil’s school attendance, the pupil shall be awarded
compensatory educational services.

end insert begin insert

(4) Information regarding the requirements of this section shall
be included in the annual notification distributed to, among others,
pupils, parents or guardians of pupils, employees, and other
interested parties pursuant to Section 4622 of Title 5 of the
California Code of Regulations.

end insert

SEC. 3.  

Section 48853.5 of the Education Code is amended to
read:

48853.5.  

(a) This section applies to a foster child. “Foster
child” means a 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.

(b) Each local educational agency shall designate a staff person
as the educational liaison for foster children. In a school district
that operates a foster children services program pursuant to Chapter
11.3 (commencing with Section 42920) of Part 24 of Division 3,
the educational liaison shall be affiliated with the local foster
children services program. The educational liaison shall do all of
the following:

(1) Ensure and facilitate the proper educational placement,
enrollment in school, and checkout from school of foster children.

(2) Assist foster children when transferring from one school to
another school or from one school district to another school district
in ensuring proper transfer of credits, records, and grades.

(c) If so designated by the superintendent of the local educational
agency, the educational liaison shall notify a foster child’s attorney
and the appropriate representative of the county child welfare
agency of pending expulsion proceedings if the decision to
recommend expulsion is a discretionary act, pending proceedings
to extend a suspension until an expulsion decision is rendered if
the decision to recommend expulsion is a discretionary act, and,
if the foster child is an individual with exceptional needs, pending
manifestation determinations pursuant to Section 1415(k) of Title
20 of the United States Code if the local educational agency has
proposed a change in placement due to an act for which the
decision to recommend expulsion is at the discretion of the
principal or the district superintendent of schools.

(d) This section does not grant authority to the educational
liaison that supersedes the authority granted under state and federal
law to a parent or legal guardian retaining educational rights, a
responsible adult appointed by the court to represent the child
pursuant to Section 361 or 726 of the Welfare and Institutions
Code, a surrogate parent, or a foster parent exercising the authority
granted under Section 56055. The role of the educational liaison
is advisory with respect to placement decisions and determination
of the school of origin.

(e) (1) At the initial detention or placement, or any subsequent
change in placement of a foster child, the local educational agency
serving the foster child shall allow the foster child to continue his
or her education in the school of origin for the duration of the
jurisdiction of the court.

(2) If the jurisdiction of the court is terminated before the end
of an academic year, the local educational agency shall allow a
former foster child who is in kindergarten or any of grades 1 to 8,
inclusive, to continue his or her education in the school of origin
through the duration of the academic school year.

(3) (A) If the jurisdiction of the court is terminated while a
foster child is in high school, the local educational agency shall
allow the former foster child to continue his or her education in
the school of origin through graduation.

(B) For purposes of this paragraph, a school district is not
required to provide transportation to a former foster child who has
an individualized education program that does not require
transportation as a related service and who changes residence but
remains in his or her school of origin pursuant to this paragraph,
unless the individualized education program team determines that
transportation is a necessary related service.

(4) To ensure that the foster child has the benefit of matriculating
with his or her peers in accordance with the established feeder
patterns of school districts, if the foster child is transitioning
between school grade levels, the local educational agency shall
allow the foster child to continue in the school district of origin in
the same attendance area, or, if the foster child is transitioning to
a middle school or high school, and the school designated for
matriculation is in another school district, to the school designated
for matriculation in that school district.

(5) Paragraphs (2), (3), and (4) do not require a school district
to provide transportation services to allow a foster child to attend
a school or school district, unless otherwise required under federal
law. This paragraph does not prohibit a school district from, at its
discretion, providing transportation services to allow a foster child
to attend a school or school district.

(6) The educational liaison, in consultation with, and with the
agreement of, the foster child and the person holding the right to
make educational decisions for the foster child, may recommend,
in accordance with the foster child’s best interests, that the foster
child’s right to attend the school of origin be waived and the foster
child be enrolled in a public school that pupils living in the
attendance area in which the foster child resides are eligible to
attend.

(7) Before making a recommendation to move a foster child
from his or her school of origin, the educational liaison shall
provide the foster child and the person holding the right to make
educational decisions for the foster child with a written explanation
stating the basis for the recommendation and how the
recommendation serves the foster child’s best interest.

(8) (A) If the educational liaison, in consultation with the foster
child and the person holding the right to make educational decisions
for the foster child, agrees that the best interests of the foster child
would best be served by his or her transfer to a school other than
the school of origin, the foster child shall immediately be enrolled
in the new school.

(B) The new school shall immediately enroll the foster child
even if the foster child has outstanding fees, fines, textbooks, or
other items or moneys due to the school last attended or is unable
to produce clothing or records normally required for enrollment,
such as previous academic records, medical records, including,
but not limited to, records or other proof of immunization history
pursuant to Chapter 1 (commencing with Section 120325) of Part
2 of Division 105 of the Health and Safety Code, proof of
residency, other documentation, or school uniforms.

(C) Within two business days of the foster child’s request for
enrollment, the educational liaison for the new school shall contact
the school last attended by the foster child to obtain all academic
and other records. The last school attended by the foster child shall
provide all required records to the new school regardless of any
outstanding fees, fines, textbooks, or other items or moneys owed
to the school last attended. The educational liaison for the school
last attended shall provide all records to the new school within two
business days of receiving the request.

(9) If a dispute arises regarding the request of a foster child to
remain in the school of origin, the foster child has the right to
remain in the school of origin pending resolution of the dispute.
The dispute shall be resolved in accordance with the existing
dispute resolution process available to a pupil served by the local
educational agency.

(10) The local educational agency and the county placing agency
are encouraged to collaborate to ensure maximum use of available
federal moneys, explore public-private partnerships, and access
any other funding sources to promote the well-being of foster
children through educational stability.

(11) It is the intent of the Legislature that this subdivision shall
not supersede or exceed other laws governing special education
services for eligible foster children.

(f) For purposes of this section, “school of origin” means the
school that the foster child attended when permanently housed or
the school in which the foster child was last enrolled. If the school
the foster child attended when permanently housed is different
from the school in which the foster child was last enrolled, or if
there is some other school that the foster child attended with which
the foster child is connected and that the foster child attended
within the immediately preceding 15 months, the educational
liaison, in consultation with, and with the agreement of, the foster
child and the person holding the right to make educational decisions
for the foster child, shall determine, in the best interests of the
foster child, the school that shall be deemed the school of origin.

(g) This section does not supersede other law governing the
educational placements in juvenile court schools, as described in
Section 48645.1, by the juvenile court under Section 602 of the
Welfare and Institutions Code.

begin insert

(h) (1) A complaint of noncompliance with the requirements
of this section may be filed with the local educational agency under
the Uniform Complaint Procedures set forth in Chapter 5.1
(commencing with Section 4600) of Division 1 of Title 5 of the
California Code of Regulations.

end insert begin insert

(A) Within five schooldays of receiving a complaint alleging a
violation of a pupil’s right to immediate enrollment pursuant to
paragraph (8) of subdivision (e), the local educational agency
shall conduct a complete investigation and prepare a written local
educational agency decision. The investigation and decision shall
comply with the requirements of subdivisions (b) to (d), inclusive,
of and paragraphs (1) to (7), inclusive, of subdivision (e) of Section
4631 of Title 5 of the California Code of Regulations.

end insert begin insert

(B) Within five schooldays of receiving a complaint alleging a
violation of a pupil’s right to remain in his or her school of origin
pending resolution of a dispute regarding the request of a foster
child to remain in the school of origin, pursuant to paragraph (9)
of subdivision (e), the local educational agency shall conduct a
complete investigation and prepare a written local educational
agency decision. The investigation and decision shall comply with
the requirements of subdivisions (b) to (d), inclusive, of and
paragraphs (1) to (7), inclusive, of subdivision (e) of Section 4631
of Title 5 of the California Code of Regulations.

end insert begin insert

(C) All other complaints of noncompliance with the requirements
of this section shall be investigated and determined by the local
educational agency in accordance with the timelines provided in
Section 4631 of Title 5 of the California Code of Regulations.

end insert begin insert

(2) A complainant not satisfied with the decision of a local
educational agency may appeal the decision to the department
pursuant to Chapter 5.1 (commencing with Section 4600) of
Division 1 of Title 5 of the California Code of Regulations.

end insert begin insert

(A) If the complainant appeals a local educational agency
decision regarding an alleged violation of the right to immediate
enrollment pursuant to paragraph (8) of subdivision (e), the
department shall issue a written decision regarding the appeal
within 30 days of the department’s receipt of the appeal.

end insert begin insert

(B) If the complainant appeals a local educational agency
decision regarding an alleged violation of a pupil’s right to remain
in his or her school of origin pending resolution of a dispute
regarding the request of a foster child to remain in the school of
origin, pursuant to paragraph (9) of subdivision (e), the department
shall issue a written decision regarding the appeal within 30 days
of the department’s receipt of the appeal.

end insert begin insert

(C) For all other appeals from local educational agency
decisions related to this section, the department shall issue a
written decision regarding the appeal within 60 days of the
department’s receipt of the appeal.

end insert begin insert

(3) If a decision of either the local educational agency or the
department determines that the local educational agency has
violated a pupil’s right to immediate enrollment, pursuant to
paragraph (8) of subdivision (e), or has violated a pupil’s right
to remain in his or her school of origin pending resolution of a
dispute regarding the request of a foster child to remain in the
school of origin, pursuant to paragraph (9) of subdivision (e), and
that violation has interrupted the pupil’s school attendance, the
pupil shall be awarded compensatory educational services.

end insert begin insert

(4) Information regarding the requirements of this section shall
be included in the annual notification distributed to, among others,
pupils, parents or guardians of pupils, employees, and other
interested parties pursuant to Section 4622 of Title 5 of the
California Code of Regulations.

end insert

SEC. 4.  

Section 49069.5 of the Education Code is amended to
read:

49069.5.  

(a) The Legislature finds and declares all of the
following:

(1) The mobility of pupils in foster care often disrupts their
educational experience.

(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 dropout.

(b) The proper and timely transfer between schools of pupils in
foster care is the responsibility of both the local educational agency,
including the county office of education for pupils in foster care
who are enrolled in juvenile court schools, and the county placing
agency, which includes the county probation department.

(c) As soon as the county placing agency or county office 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 office of education shall contact the appropriate person at
the local educational agency of the pupil. The county placing
agency 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 or notification of enrollment from the new local educational
agency, the local educational agency receiving the transfer request
or notification 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) 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 who is 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.

begin insert

(i) (1) A complaint of noncompliance with the requirements of
this section may be filed with the local educational agency under
the Uniform Complaint Procedures set forth in Chapter 5.1
(commencing with Section 4600) of Division 1 of Title 5 of the
California Code of Regulations.

end insert begin insert

(2) A complainant not satisfied with the decision of a local
educational agency may appeal the decision to the department
pursuant to Chapter 5.1 (commencing with Section 4600) of
Division 1 of Title 5 of the California Code of Regulations and
shall receive a written decision regarding the appeal within 60
days of the department’s receipt of the appeal.

end insert begin insert

(3) Information regarding the requirements of this section shall
be included in the annual notification distributed to, among others,
pupils, parents or guardians of pupils, employees, and other
interested parties pursuant to Section 4622 of Title 5 of the
California Code of Regulations.

end insert begin delete

(i)

end delete

begin insert (j) end insert  For purposes of this section, the following definitions apply:

(1) “County placing agency” means a county social services
department or county probation department.

(2) “Local educational agency” means a school district, a county
office of education, a charter school participating as a member of
a special education local plan area, or a special education local
plan area.

(3) “Pupil in foster care” means a 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.

SEC. 5.  

Section 51225.1 of the Education Code is amended to
read:

51225.1.  

(a) Notwithstanding any other law, a school district
shall exempt a pupil in foster care, as defined in Section 51225.2,
or a pupil who is a homeless child or youth, as defined in Section
11434a(2) of Title 42 of the United States Code, 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) If the school district determines that the pupil in foster care,
or the pupil who is a homeless child or youth, is reasonably able
to complete the school district’s graduation requirements within
the pupil’s fifth year of high school, the school district shall do all
of the following:

(1) Inform the pupil of his or her option to remain in school for
a fifth year to complete the school district’s graduation
requirements.

(2) Inform the pupil, and the person holding the right to make
educational decisions for the pupil, about how remaining in school
for a fifth year to complete the school district’s graduation
requirements will affect the pupil’s ability to gain admission to a
postsecondary educational institution.

(3) Provide information to the pupil about transfer opportunities
available through the California Community Colleges.

(4) Permit the pupil to stay in school for a fifth year to complete
the school district’s graduation requirements upon agreement with
the pupil, if the pupil is 18 years of age or older, or, if the pupil is
under 18 years of age, upon agreement with the person holding
the right to make educational decisions for the pupil.

(c) To determine whether a pupil in foster care, or a pupil who
is a homeless child or youth, 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.

(d) (1) Within 30 calendar days of the date that a pupil in foster
care 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, the person holding the right
to make educational decisions for the pupil, and the pupil’s social
begin delete worker, end delete begin insert worker or probation officer end insert of the availability of the
exemption and whether the pupil qualifies for an exemption.

(2) Within 30 calendar days of the date that a pupil who is a
homeless child or youth may qualify for the exemption from local
graduation requirements pursuant to this section transfers into a
school, the school district shall notify the pupil, the person holding
the right to make educational decisions for the pupil, and the local
educational agency liaison for homeless children and youth
designated pursuant to Section 11432(g)(1)(J)(ii) of Title 42 of
the United States Code, of the availability of the exemption and
whether the pupil qualifies for an exemption.

(e) If a pupil in foster care, or a pupil who is a homeless child
or youth, 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.

(f) If a pupil in foster care, or a pupil who is a homeless child
or youth, is exempted from local graduation requirements pursuant
to this section, the school district shall notify the pupil and the
person holding the right to make educational decisions for the
pupil 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.

(g) A pupil in foster care, or a pupil who is a homeless child or
youth, who is eligible for the exemption from local graduation
requirements pursuant to this section and would otherwise be
entitled to remain in attendance at the school shall not 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 an institution of higher
education, regardless of whether those courses are required for
statewide graduation requirements.

(h) If a pupil in foster care, or a pupil who is a homeless child
or youth, is not exempted from local graduation requirements or
has previously declined the exemption pursuant to this section, a
school district shall exempt the pupil at any time if an exemption
is requested by the pupil and the pupil qualifies for the exemption.

(i) If a pupil in foster care, or a pupil who is a homeless child
or youth, is exempted from local graduation requirements pursuant
to this section, a school district shall not revoke the exemption.

(j) If a pupil in foster care is exempted from local graduation
requirements pursuant to this section, the exemption shall 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.

(k) A school district shall not require or request a pupil in foster
care, or a pupil who is a homeless child or youth, to transfer schools
in order to qualify the pupil for an exemption pursuant to this
section.

(l) (1) A pupil in foster care, the person holding the right to
make educational decisions for the pupil, the pupil’s social worker,
or the pupil’s probation officer shall not request a transfer solely
to qualify the pupil for an exemption pursuant to this section.

(2) A pupil who is a homeless child or youth, the person holding
the right to make educational decisions for the pupil, or the local
educational agency liaison for homeless children and youth
designated pursuant to Section 11432(g)(1)(J)(ii) of Title 42 of
the United States Code, shall not request a transfer solely to qualify
the pupil for an exemption pursuant to this section.

begin insert

(m) (1) A complaint of noncompliance with the requirements
of this section may be filed with the local educational agency under
the Uniform Complaint Procedures set forth in Chapter 5.1
(commencing with Section 4600) of Division 1 of Title 5 of the
California Code of Regulations.

end insert begin insert

(A) Within 30 days of receiving a complaint of noncompliance
with this section, the local educational agency shall conduct a
complete investigation and prepare a written local educational
agency decision. The investigation and decision shall comply with
the requirements of subdivisions (b) to (d), inclusive, of and
paragraphs (1) to (7), inclusive, of subdivision (e) of Section 4631
of Title 5 of the California Code of Regulations.

end insert begin insert

(B) Within five schooldays of receiving a complaint of
noncompliance with this section regarding a pupil who is in the
final grading period of the fourth year of school after enrollment
in high school, the local educational agency shall conduct a
complete investigation and prepare a written local educational
agency decision. The investigation and decision shall comply with
the requirements of subdivisions (b) to (d), inclusive, of and
paragraphs (1) to (7), inclusive, of subdivision (e) of Section 4631
of Title 5 of the California Code of Regulations.

end insert begin insert

(2) A complainant not satisfied with the decision of a local
educational agency may appeal the decision to the department
pursuant to Chapter 5.1 (commencing with Section 4600) of
Division 1 of Title 5 of the California Code of Regulations and
shall receive a written decision regarding the appeal within 60
days of the department’s receipt of the appeal.

end insert begin insert

(A) If the complainant appeals from a local educational agency
decision regarding a complaint of noncompliance with this section
for a pupil who is in the final grading period of the fourth year of
school after enrollment in high school, the department shall issue
a written decision regarding the appeal within 30 days of the
department’s receipt of the appeal.

end insert begin insert

(B) For all other appeals from local educational agency
decisions related to this section, the department shall issue a
written decision regarding the appeal within 60 days of the
department’s receipt of the appeal.

end insert begin insert

(3) Information regarding the requirements of this section shall
be included in the annual notification distributed to, among others,
pupils, parents or guardians of pupils, employees, and other
interested parties pursuant to Section 4622 of Title 5 of the
California Code of Regulations.

end insert

SEC. 6.  

Section 51225.2 of the Education Code is amended to
read:

51225.2.  

(a) (1) For purposes of this section, “pupil in foster
care” means a 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.

(2) For purposes of this section, “pupil who is a homeless child
or youth” means a pupil who meets the definition of “homeless
child or youth” in Section 11434a(2) of Title 42 of the United
States Code.

(b) Notwithstanding any other law, a school district and county
office of education shall accept coursework satisfactorily completed
by a pupil in foster care or a pupil who is a homeless child 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 or a pupil who is a homeless child or
youth 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 or the pupil who is a homeless child or youth 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 or a pupil who is a homeless child or
youth 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.

begin insert

(f) (1) A complaint of noncompliance with the requirements of
this section may be filed with the local educational agency under
the Uniform Complaint Procedures set forth in Chapter 5.1
(commencing with Section 4600) of Division 1 of Title 5 of the
California Code of Regulations.

end insert begin insert

(2) A complainant not satisfied with the decision of a local
educational agency may appeal the decision to the department
pursuant to Chapter 5.1 (commencing with Section 4600) of
Division 1 of Title 5 of the California Code of Regulations and
shall receive a written decision regarding the appeal within 60
days of the department’s receipt of the appeal.

end insert begin insert

(3) Information regarding the requirements of this section shall
be included in the annual notification distributed to, among others,
pupils, parents or guardians of pupils, employees, and other
interested parties pursuant to Section 4622 of Title 5 of the
California Code of Regulations.

end insert

SEC. 7.  

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.