Amended in Senate August 17, 2016

Amended in Senate August 16, 2016

Amended in Senate June 14, 2016

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 amend Sections 48645.3, 48645.5, 51225.1, and 51225.2 of the Education Code, relating to juvenile court school pupils.

LEGISLATIVE COUNSEL’S DIGEST

AB 2306, as amended, Frazier. Juvenile court school pupils.

Existing law provides for the administration and operation of juvenile court schools by the county board of education.

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.

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. 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.

This bill would make that exemption and requirement to accept coursework satisfactorily completed applicable to former juvenile court school pupils, as defined. 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 school but does not complete coursework and other requirements that are in addition to the statewide graduation requirements. 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:

SECTION 1.  

Section 48645.3 of the Education Code is
amended to read:

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 51220) of
Chapter 2 of Part 28, except subdivision (c) of Section 51220.

(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.

(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.

SEC. 2.  

Section 48645.5 of the Education Code is amended to
read:

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.

(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.

SEC. 3.  

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,
a pupil who is a homeless child or youth, as defined in Section
11434a(2) of Title 42 of the United States Code, or a former
juvenile court school pupil, as defined in Section 51225.2, 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,
the pupil who is a homeless child or youth, or the former juvenile
court school pupil 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, a pupil who is
a homeless child or youth, or a former juvenile court school pupil
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.

(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.

(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.

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

(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.

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

(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.

(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.

SEC. 4.  

Section 51225.2 of the Education Code is amended to
read:

51225.2.  

(a) For purposes of this section, the following
definitions apply:

(1) “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) “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.

(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, excluding a school district operated by the
begin delete Department end delete begin insert Division end insert of Juvenile begin delete Justice, end delete begin insert Justice of the Department
of Corrections and Rehabilitation, end insert from a juvenile court school.

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

SEC. 5.  

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.