California Legislature—2015–16 Regular Session

Assembly BillNo. 1166


Introduced by Assembly Member Bloom

February 27, 2015


An act to amend Section 51225.1 of the Education Code, relating to pupils.

LEGISLATIVE COUNSEL’S DIGEST

AB 1166, as introduced, Bloom. Pupils in foster care: pupils who are homeless children or youth: school transfer: exemption from local graduation requirements.

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 a pupil who may qualify for the exemption from local graduation requirements transfers into a school, of the availability of the exemption and whether the pupil qualifies for an exemption.

This bill would, if the school district fails to provide that notification, declare the effected pupil eligible for the exemption from local graduation requirements once notified, even if that notification is received after the termination of the court’s jurisdiction over the pupil or after the pupil is no longer a homeless child or youth, as applicable.

Existing law requires, if a pupil in foster care is exempted from local graduation requirements, that the exemption 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.

This bill would require, if a pupil who is a homeless child or youth is exempted from local graduation requirements, that the exemption continue to apply after the pupil is no longer a homeless child or youth while he or she is enrolled in school or if the pupil transfers to another school or school district.

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.

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

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

P2    1

SECTION 1.  

Section 51225.1 of the Education Code is
2amended to read:

3

51225.1.  

(a) Notwithstanding any other law, a school district
4shall exempt a pupil in foster care, as defined in Section 51225.2,
5or a pupil who is a homeless child or youth, as defined in Section
611434a(2) of Title 42 of the United States Code, who transfers
7between schools any time after the completion of the pupil’s second
8year of high school from all coursework and other requirements
9adopted by the governing board of the school district that are in
10addition to the statewide coursework requirements specified in
11Section 51225.3, unless the school district makes a finding that
12the pupil is reasonably able to complete the school district’s
13graduation requirements in time to graduate from high school by
14the end of the pupil’s fourth year of high school.

P3    1(b) If the school district determines that the pupil in foster care,
2or the pupil who is a homeless child or youth, is reasonably able
3to complete the school district’s graduation requirements within
4the pupil’s fifth year of high school, the school district shall do all
5of the following:

6(1) Inform the pupil of his or her option to remain in school for
7a fifth year to complete the school district’s graduation
8requirements.

9(2) Inform the pupil, and the person holding the right to make
10educational decisions for the pupil, about how remaining in school
11for a fifth year to complete the school district’s graduation
12requirements will affect the pupil’s ability to gain admission to a
13postsecondary educational institution.

14(3) Provide information to the pupil about transfer opportunities
15available through the California Community Colleges.

16(4) Permit the pupil to stay in school for a fifth year to complete
17the school district’s graduation requirements upon agreement with
18the pupil, if the pupil is 18 years of age or older, or, if the pupil is
19under 18 years of age, upon agreement with the person holding
20the right to make educational decisions for the pupil.

21(c) To determine whether a pupil in foster care, or a pupil who
22is a homeless child or youth, is in the third or fourth year of high
23school, either the number of credits the pupil has earned to the
24date of transfer or the length of the pupil’s school enrollment may
25be used, whichever will qualify the pupil for the exemption.

26(d) (1) begin insert(A)end insertbegin insertend insert Within 30 calendar days of the date that a pupil in
27foster care who may qualify for the exemption from local
28graduation requirements pursuant to this section transfers into a
29school, the school district shall notify the pupil, the person holding
30the right to make educational decisions for the pupil, and the pupil’s
31social worker, of the availability of the exemption and whether
32the pupil qualifies for an exemption.

begin insert

33(B) If the school district fails to provide timely notice pursuant
34to subparagraph (A), the pupil described in subparagraph (A)
35shall be eligible for the exemption from local graduation
36requirements pursuant to this section once notified, even if that
37notification occurs after the termination of the court’s jurisdiction
38over the pupil.

end insert

39(2) begin insert(A)end insertbegin insertend insert Within 30 calendar days of the date that a pupil who
40is a homeless child or youth may qualify for the exemption from
P4    1local graduation requirements pursuant to this section transfers
2into a school, the school district shall notify the pupil, the person
3holding the right to make educational decisions for the pupil, and
4the local educational agency liaison for homeless children and
5youth designated pursuant to Section 11432(g)(1)(J)(ii) of Title
642 of the United States Code, of the availability of the exemption
7and whether the pupil qualifies for an exemption.

begin insert

8(B) If the school district fails to provide timely notice pursuant
9to subparagraph (A), the pupil described in subparagraph (A)
10shall be eligible for the exemption from local graduation
11requirements pursuant to this section once notified, even if that
12notification occurs after the pupil is no longer a homeless child
13or youth.

end insert

14(e) If a pupil in foster care, or a pupil who is a homeless child
15or youth, is exempted from local graduation requirements pursuant
16to this section and completes the statewide coursework
17requirements specified in Section 51225.3 before the end of his or
18her fourth year in high school and that pupil would otherwise be
19entitled to remain in attendance at the school, a school or school
20district shall not require or request that the pupil graduate before
21the end of his or her fourth year of high school.

22(f) If a pupil in foster care, or a pupil who is a homeless child
23or youth, is exempted from local graduation requirements pursuant
24to this section, the school district shall notify the pupil and the
25person holding the right to make educational decisions for the
26pupil how any of the requirements that are waived will affect the
27pupil’s ability to gain admission to a postsecondary educational
28institution and shall provide information about transfer
29opportunities available through the California Community
30Colleges.

31(g) A pupil in foster care, or a pupil who is a homeless child or
32youth, who is eligible for the exemption from local graduation
33requirements pursuant to this section and would otherwise be
34entitled to remain in attendance at the school shall not be required
35to accept the exemption or be denied enrollment in, or the ability
36to complete, courses for which he or she is otherwise eligible,
37including courses necessary to attend an institution of higher
38education, regardless of whether those courses are required for
39 statewide graduation requirements.

P5    1(h) If a pupil in foster care, or a pupil who is a homeless child
2or youth, is not exempted from local graduation requirements or
3has previously declined the exemption pursuant to this section, a
4school district shall exempt the pupil at any time if an exemption
5is requested by the pupil and the pupil qualifies for the exemption.

6(i) If a pupil in foster care, or a pupil who is a homeless child
7or youth, is exempted from local graduation requirements pursuant
8to this section, a school district shall not revoke the exemption.

9(j) begin insert(1)end insertbegin insertend insert If a pupil in foster care is exempted from local
10graduation requirements pursuant to this section, the exemption
11shall continue to apply after the termination of the court’s
12jurisdiction over the pupil while he or she is enrolled in school or
13if the pupil transfers to another school or school district.

begin insert

14(2) If a pupil who is a homeless child or youth is exempted from
15local graduation requirements pursuant to this section, the
16exemption shall continue to apply after the pupil is no longer a
17homeless child or youth while he or she is enrolled in school or if
18the pupil transfers to another school or school district.

end insert

19(k) A school district shall not require or request a pupil in foster
20care, or a pupil who is a homeless child or youth, to transfer schools
21in order to qualify the pupil for an exemption pursuant to this
22section.

23(l) (1) A pupil in foster care, the person holding the right to
24make educational decisions for the pupil, the pupil’s social worker,
25or the pupil’s probation officer shall not request a transfer solely
26to qualify the pupil for an exemption pursuant to this section.

27(2) A pupil who is a homeless child or youth, the person holding
28the right to make educational decisions for the pupil, or the local
29educational agency liaison for homeless children and youth
30designated pursuant to Section 11432(g)(1)(J)(ii) of Title 42 of
31the United States Code, shall not request a transfer solely to qualify
32the pupil for an exemption pursuant to this section.

33

SEC. 2.  

If the Commission on State Mandates determines that
34this act contains costs mandated by the state, reimbursement to
35local agencies and school districts for those costs shall be made
36pursuant to Part 7 (commencing with Section 17500) of Division
374 of Title 2 of the Government Code.



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