AB 1166, as amended, 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, asbegin delete applicable.end deletebegin insert applicable, if the pupil otherwise qualifies for the exemption.end insert
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 51225.1 of the Education Code is
2amended to read:
(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
P3 1graduation requirements in time to graduate from high school by
2the end of the pupil’s fourth year of high school.
3(b) If the school district determines that the pupil in foster care,
4or the pupil who is a homeless child or youth, is reasonably able
5to complete the school district’s graduation requirements within
6the pupil’s fifth year of high school, the school district shall do all
7of the following:
8(1) Inform the pupil of his or her option to remain in school for
9a fifth year to complete the school district’s graduation
10requirements.
11(2) Inform the pupil, and the person holding the right to make
12educational decisions for the pupil, about how remaining in school
13for a fifth year to complete the school district’s graduation
14requirements will affect the pupil’s ability to gain admission to a
15postsecondary educational
institution.
16(3) Provide information to the pupil about transfer opportunities
17available through the California Community Colleges.
18(4) Permit the pupil to stay in school for a fifth year to complete
19the school district’s graduation requirements upon agreement with
20the pupil, if the pupil is 18 years of age or older, or, if the pupil is
21under 18 years of age, upon agreement with the person holding
22the right to make educational decisions for the pupil.
23(c) To determine whether a pupil in foster care, or a pupil who
24is a homeless child or youth, is in the third or fourth year of high
25school, either the number of credits the pupil has earned to the
26date of transfer or the length of the pupil’s school enrollment may
27be used,
whichever will qualify the pupil for the exemption.
28(d) (1) (A) Within 30 calendar days of the date that a pupil in
29foster care who may qualify for the exemption from local
30graduation requirements pursuant to this section transfers into a
31school, the school district shall notify the pupil, the person holding
32the right to make educational decisions for the pupil, and the pupil’s
33social worker, of the availability of the exemption and whether
34the pupil qualifies for an exemption.
35(B) If the school district fails to provide timely notice pursuant
36to subparagraph (A), the pupil described in subparagraph (A) shall
37be eligible for the exemption from local graduation requirements
38pursuant to this section once notified, even if that notification
39
occurs after the termination of the court’s jurisdiction over the
P4 1begin delete pupil.end deletebegin insert pupil, if the pupil otherwise qualifies for the exemption
2pursuant to this section.end insert
3(2) (A) Within 30 calendar days of the date that a pupil who is
4a homeless child or youth may qualify for the exemption from
5local graduation requirements pursuant to this section transfers
6into a school, the school district shall notify the pupil, the person
7holding the right to make educational decisions for the pupil, and
8the local educational agency liaison for homeless children and
9youth designated pursuant to Section 11432(g)(1)(J)(ii) of Title
1042 of the United States Code, of the availability of the
exemption
11and whether the pupil qualifies for an exemption.
12(B) If the school district fails to provide timely notice pursuant
13to subparagraph (A), the pupil described in subparagraph (A) shall
14be eligible for the exemption from local graduation requirements
15pursuant to this section once notified, even if that notification
16occurs after the pupil is no longer a homeless child orbegin delete youth.end deletebegin insert youth,
17if the pupil otherwise qualifies for the exemption pursuant to this
18section.end insert
19(e) If a pupil in foster care, or a pupil who is a homeless child
20or youth, is exempted from local graduation requirements pursuant
21to this section and
completes the statewide coursework
22requirements specified in Section 51225.3 before the end of his or
23her fourth year in high school and that pupil would otherwise be
24entitled to remain in attendance at the school, a school or school
25district shall not require or request that the pupil graduate before
26the end of his or her fourth year of high school.
27(f) If a pupil in foster care, or a pupil who is a homeless child
28or youth, is exempted from local graduation requirements pursuant
29to this section, the school district shall notify the pupil and the
30person holding the right to make educational decisions for the
31pupil how any of the requirements that are waived will affect the
32pupil’s ability to gain admission to a postsecondary educational
33institution and shall provide information about transfer
34opportunities available through the California
Community
35Colleges.
36(g) A pupil in foster care, or a pupil who is a homeless child or
37youth, who is eligible for the exemption from local graduation
38requirements pursuant to this section and would otherwise be
39entitled to remain in attendance at the school shall not be required
40to accept the exemption or be denied enrollment in, or the ability
P5 1to complete, courses for which he or she is otherwise eligible,
2including courses necessary to attend an institution of higher
3education, regardless of whether those courses are required for
4
statewide graduation requirements.
5(h) If a pupil in foster care, or a pupil who is a homeless child
6or youth, is not exempted from local graduation requirements or
7has previously declined the exemption pursuant to this section, a
8school district shall exempt the pupil at any time if an exemption
9is requested by the pupil and the pupil qualifies for the exemption.
10(i) If a pupil in foster care, or a pupil who is a homeless child
11or youth, is exempted from local graduation requirements pursuant
12to this section, a school district shall not revoke the exemption.
13(j) (1) If a pupil in foster care is exempted from local graduation
14requirements pursuant to this section, the exemption shall continue
15
to apply after the termination of the court’s jurisdiction over the
16pupil while he or she is enrolled in school or if the pupil transfers
17to another school or school district.
18(2) If a pupil who is a homeless child or youth is exempted from
19local graduation requirements pursuant to this section, the
20exemption shall continue to apply after the pupil is no longer a
21homeless child or youth while he or she is enrolled in school or if
22the pupil transfers to another school or school district.
23(k) A school district shall not require or request a pupil in foster
24care, or a pupil who is a homeless child or youth, to transfer schools
25in order to qualify the pupil for an exemption pursuant to this
26section.
27(l) (1) A pupil in foster care, the person holding the right to
28make educational decisions for the pupil, the pupil’s social worker,
29or the pupil’s probation officer shall not request a transfer solely
30to qualify the pupil for an exemption pursuant to this section.
31(2) A pupil who is a homeless child or youth, the person holding
32the right to make educational decisions for the pupil, or the local
33educational agency liaison for homeless children and youth
34designated pursuant to Section 11432(g)(1)(J)(ii) of Title 42 of
35the United States Code, shall not request a transfer solely to qualify
36the pupil for an exemption pursuant to this section.
If the Commission on State Mandates determines that
38this act contains costs mandated by the state, reimbursement to
39local agencies and school districts for those costs shall be made
P6 1pursuant to Part 7 (commencing with Section 17500) of Division
24 of Title 2 of the Government Code.
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