BILL NUMBER: AB 1166	INTRODUCED
	BILL TEXT


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:

  SECTION 1.  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)  (A)    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 worker, of the availability of the exemption
and whether the pupil qualifies for an exemption. 
   (B) If the school district fails to provide timely notice pursuant
to subparagraph (A), the pupil described in subparagraph (A) shall
be eligible for the exemption from local graduation requirements
pursuant to this section once notified, even if that notification
occurs after the termination of the court's jurisdiction over the
pupil. 
   (2)  (A)    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. 
   (B) If the school district fails to provide timely notice pursuant
to subparagraph (A), the pupil described in subparagraph (A) shall
be eligible for the exemption from local graduation requirements
pursuant to this section once notified, even if that notification
occurs after the pupil is no longer a homeless child or youth. 
   (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)  (1)    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. 
   (2) If a pupil who is a homeless child or youth is exempted from
local graduation requirements pursuant to this section, the exemption
shall 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. 
   (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.
  SEC. 2.  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.