Amended in Senate May 10, 2016

Amended in Assembly April 13, 2016

Amended in Assembly March 28, 2016

California Legislature—2015–16 Regular Session

Assembly Bill No. 2306

Introduced by Assembly Member Frazier

February 18, 2016

An act to begin delete add Section 51225 to end delete begin insert amend Sections 48645.3, 48645.5, 48647, 51225.1, and 51225.2 of end insert the Education Code, relating to begin delete high school graduation. end delete begin insert juvenile court school pupils. end insert

LEGISLATIVE COUNSEL’S DIGEST

AB 2306, as amended, Frazier. begin delete High school graduation requirements: pupils transferring from juvenile court schools. end delete begin insert Juvenile court school pupils. end insert

begin insert

Existing law provides for the administration and operation of juvenile court schools by the county board of education, and requires the county office of education and the county probation department to have a joint transition planning policy to, among other things, coordinate school placement and enrollment.

end insert begin insert

This bill would express the Legislature’s intent that juvenile court schools have a rigorous curriculum that includes a course of study that prepares pupils for high school graduation and career entry and fulfills the requirements for admission to the California State University and the University of California. The bill would require the joint transition planning policy to contain specified information relating to assisting eligible youth in completing the Free Application for Federal Student Aid (FAFSA) and admission applications for postsecondary educational institutions, thereby imposing a state-mandated local program.

end insert

Existing law prescribes the course of study a pupil is required to complete while in grades 9 to 12, inclusive, in order to receive a diploma of graduation, and authorizes the governing board of a school district to prescribe other coursework requirements that are in addition to the statewide requirements. begin insert Existing law exempts pupils in foster care and pupils who are homeless children or youths from local graduation requirements and also requires a school district and county office of education to accept coursework satisfactorily completed by those pupils while attending another public school, a juvenile court school, or a nonpublic, nonsectarian school. end insert

This bill would begin delete require a school district to exempt a pupil from all other coursework requirements for graduation adopted by the governing board of the school district that are in addition to the statewide coursework requirements for graduation, unless the school district makes a finding that the pupil is reasonably able to complete the additional coursework requirements in time to graduate from high school. The bill would require the school to which the pupil transfers to provide notice to the pupil and specified other parties of the availability of the exemption and whether the pupil qualifies for the exemption. end delete begin insert make that exemption and requirement to accept coursework satisfactorily completed applicable to former juvenile court school pupils, as defined. end insert The bill would also require a county office of education to issue a diploma of graduation to a pupil who completes statewide coursework requirements for graduation while attending a juvenile court begin delete school, as specified. end delete begin insert school but does not complete coursework and other requirements that are in addition to the statewide graduation requirements. end insert By placing additional requirements on school districts and county offices of education, the 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:

begin insert

begin insert SECTION 1. end insert   

end insert

begin insert Section 48645.3 of the end insert begin insert Education Code end insert begin insert is amended
to read: end insert

48645.3.  

(a) Juvenile court schools shall be conducted in a
manner as shall be prescribed by the county board of education to
best accomplish the provisions of Section 48645. The minimum
schoolday shall be 240 minutes. Minimum schooldays shall be
calculated on the basis of the average number of minutes of
attendance during not more than 10 consecutive days in which
classes are conducted. The minimum schoolday for pupils in
attendance in approved vocational education programs, work
programs prescribed by the probation department pursuant to
Section 883 of the Welfare and Institutions Code, and work
experience programs shall be 180 minutes, which shall be
calculated on the basis of the average number of minutes of
attendance during not more than 10 consecutive days in which
classes are conducted. The county board of education shall adopt
and enforce a course of study and evaluate its program in
accordance with Sections 51040, 51041, 51050, and 51054 and
the provisions of Article 3 (commencing with Section begin delete 51200) end delete
begin insert 51220) end insert of Chapter 2 of Part begin delete 28, except subdivision (c) of Section
51220. end delete begin insert 28. end insert

(b) Juvenile court schools shall not be closed on any weekday
of the calendar year, except those weekdays adopted by the county
board of education as school holidays or set aside by the county
board of education for inservice purposes. However, the county
board of education may close juvenile court schools when it deems
the closing is necessary to accommodate contingencies.

(c) (1) The county board of education may adopt and enforce
a course of study that enhances instruction in mathematics and
English language arts for pupils attending juvenile court schools,
as determined by statewide assessments or objective local
evaluations and assessments as approved by the county
superintendent of schools.

(2) The enhanced course of study adopted pursuant to paragraph
(1) shall meet the standards adopted pursuant to Section 60605.8,
as appropriate, and shall be tailored to meet the needs of the
individual pupil to increase the pupil’s academic literacy and
reading fluency.

begin insert

(d) It is the intent of the Legislature that pupils in juvenile court
schools have a rigorous curriculum that includes a course of study
preparing them for high school graduation and career entry and
fulfilling the requirements for admission to the University of
California and the California State University.

end insert

begin insert

begin insert SEC. 2. end insert   

end insert

begin insert Section 48645.5 of the end insert begin insert Education Code end insert begin insert is amended to
read: end insert

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)  Pursuant to subparagraph (B) of paragraph (8) of subdivision
(f) of Section 48853.5, a pupil who has had contact with the
juvenile justice system shall be immediately enrolled in a public
school.

begin insert

(d) If a pupil completes the statewide coursework requirements
for graduation specified in Section 51225.3 while attending a
juvenile court school, the county office of education shall issue to
the pupil a diploma of graduation and shall not require the pupil
to complete coursework or other requirements that are in addition
to the statewide coursework requirements.

end insert

begin insert

begin insert SEC. 3. end insert   

end insert

begin insert Section 48647 of the end insert begin insert Education Code end insert begin insert is amended to
read: end insert

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
have a joint transition planning policy that includes collaboration
with relevant local educational agencies to improve communication
regarding dates of release and the educational needs of pupils who
have had contact with the juvenile justice system, to coordinate
immediate school placement and enrollment, 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 public schools in their communities. begin insert The
joint transition planning policy shall describe how the county office
of education and the county probation department shall assist
eligible youth in completing the Free Application for Federal
Student Aid (FAFSA) and admission applications for postsecondary
educational institutions. end insert

begin insert

begin insert SEC. 4. end insert   

end insert

begin insert Section 51225.1 of the end insert begin insert Education Code end insert begin insert is amended to
read: end insert

51225.1.  

(a) Notwithstanding any other law, a school district
shall exempt a pupil in foster care, as defined in Section 51225.2,
begin delete or end delete a pupil who is a homeless child or youth, as defined in Section
11434a(2) of Title 42 of the United States Code, begin insert or a former
juvenile court school pupil end insert 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,
begin delete or end delete the pupil who is a homeless child or youth, begin insert or the former juvenile
court school pupil end insert 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, begin delete or end delete a pupil who
is a homeless child or youth, begin insert or a former juvenile court school
pupil end insert 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 or probation officer 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, if the pupil otherwise qualifies for the exemption pursuant
to this section.

(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, if the
pupil otherwise qualifies for the exemption pursuant to this section.

begin insert

(3) (A) Within 30 calendar days of the date that a former
juvenile court school pupil 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 or probation officer of the availability
of the exemption and whether the pupil qualifies for an exemption.

end insert begin insert

(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 termination of the court’s jurisdiction
over the pupil, if the pupil otherwise qualifies for the exemption
pursuant to this section.

end insert

(e) If a pupil in foster care, begin delete or end delete a pupil who is a homeless child
or youth, begin insert or a former juvenile court school pupil end insert 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 of 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, begin delete or end delete a pupil who is a homeless child
or youth, begin insert or a former juvenile court school pupil end insert 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, begin delete or end delete a pupil who is a homeless child or
youth, begin insert or a former juvenile court school pupil end insert 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, begin delete or end delete a pupil who is a homeless child
or youth, begin insert or a former juvenile court school pupil end insert 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, begin delete or end delete a pupil who is a homeless child
or youth, begin insert or a former juvenile court school pupil end insert 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.

begin insert

(3) If a former juvenile court school pupil 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.

end insert

(k) A school district shall not require or request a pupil in foster
care, begin delete or end delete a pupil who is a homeless child or youth, begin insert or a former
juvenile court school pupil end insert 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

(3) A former juvenile court school pupil, 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.

end 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.

(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.

(3) If a local educational agency finds merit in a complaint, or
the Superintendent finds merit in an appeal, the local educational
agency shall provide a remedy to the affected pupil.

(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.

begin insert

begin insert SEC. 5. end insert   

end insert

begin insert Section 51225.2 of the end insert begin insert Education Code end insert begin insert is amended to
read: end insert

51225.2.  

(a)  begin delete (1) end delete begin delete   end delete For purposes of this section, begin delete “pupil end delete begin insert the
following definitions apply: end insert

begin insert (1) end insert begin insert   end insert begin insert “Pupil end insert 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)  begin delete For purposes of this section, “pupil end delete begin insert “Pupil end insert 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.

begin insert

(3) “Former juvenile court school pupil” means a pupil who,
upon completion of the pupil’s second year of high school, transfers
to a school district from a juvenile court school.

end insert

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

(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.

(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.

(3) If a local educational agency finds merit in a complaint, or
the Superintendent finds merit in an appeal, the local educational
agency shall provide a remedy to the affected pupil.

(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.

begin insert

begin insert SEC. 6. end insert   

end insert begin insert

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.

end insert

begin delete

SECTION 1.  

Section 51225 is added to the Education Code,
to read:

51225.  

(a) Notwithstanding any other law, for a pupil who at
any time after he or she completes 10th grade transfers to a school
district from a juvenile court school, the school district shall exempt
the pupil from all other coursework requirements for graduation
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 additional coursework
requirements in time to graduate from high school.

(b) If a pupil completes the statewide coursework requirements
for graduation specified in Section 51225.3 while attending a
juvenile court school, the county office of education shall issue to
the pupil a diploma of graduation and shall not require the pupil
to complete other coursework requirements that are in addition to
the statewide coursework requirements.

(c) (1) Within 30 calendar days of the date that a pupil who
may qualify for the exemption from local graduation requirements
pursuant to subdivision (a) 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
or probation officer of the availability of the exemption and
whether the pupil qualifies for an exemption.

(2) If the school district fails to provide timely notice pursuant
to paragraph (1), the pupil 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, if the pupil otherwise qualifies for the
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.

end delete