Senate Bill No. 252

Introduced by Senator Leno

(Coauthors: Senators Allen, Beall, Hancock, and Wieckowski)

(Coauthors: Assembly Members Baker, Chiu, Dababneh, Cristina Garcia, Lackey, Maienschein, McCarty, and Santiago)

February 18, 2015

An act to amend Sections 48412 and 51421 of the Education Code, relating to pupils.

LEGISLATIVE COUNSEL’S DIGEST

SB 252, as introduced, Leno. Pupils: diploma alternatives: fees.

(1) Existing law authorizes certain persons, including, among others, any person 16 years of age or older, to have his or her proficiency in basic skills taught in public high schools verified according to criteria established by the State Department of Education. Existing law requires the State Board of Education to award a certificate of proficiency to persons who demonstrate that proficiency. Existing law requires the department to develop standards of competency in basic skills taught in public high schools and to provide for the administration of examinations prepared by or with the approval of the department to verify competency. Existing law authorizes the department to charge a fee for each examination application in an amount sufficient to recover the costs of administering the requirements of these provisions, but prohibits the fee from exceeding an amount equal to the cost of test renewal and administration per examination application.

This bill would prohibit the department from charging the fee for an examination application to a homeless child or youth who can verify his or her status as a homeless youth. The bill would authorize a homeless services provider, as defined, that has knowledge of the person’s housing status to verify the person’s status for purposes of these provisions.

(2) Existing law separately requires the Superintendent of Public Instruction to issue a high school equivalency certificate and an official score report, or an official score report only, to a person who has not completed high school and who meets specified requirements, including, among others, having taken all or a portion of a general education development test that has been approved by the state board and administered by a testing center approved by the department, with a score determined by the state board to be equal to the standard of performance expected from high school graduates. Existing law authorizes the Superintendent to charge an examinee a one-time fee to pay costs related to administering these provisions and issuing a certificate, as specified. Existing law limits the amount of the fee to $20 per person and requires each scoring contractor to forward that fee to the Superintendent.

This bill would, for purposes of those provisions, prohibit a scoring contractor or testing center that charges its own separate fee from charging that separate fee to an examinee who can verify his or her status as a homeless child or youth. The bill would authorize a homeless services provider, as defined, that has knowledge of the person’s housing status to verify the person’s status for purposes of these provisions.

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

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

SECTION 1.  

Section 48412 of the Education Code is amended
to read:

48412.  

(a)  begin delete Any end delete begin insert (1) end insert begin insert   end insert begin insert A end insert person 16 years of age or older, or who
has been enrolled in the 10th grade for one academic year or longer,
or who will complete one academic year of enrollment in the 10th
grade at the end of the semester during which the next regular
examination will be conducted, begin delete shall be permitted to end delete begin insert may end insert have his
or her proficiency in basic skills taught in public high schools
verified according to criteria established by the State Department
of Education.

begin delete

The State Board of Education

end delete

begin insert (2) end insert begin insert   end insert begin insert The state board end insert shall award a “certificate of proficiency” to
persons who demonstrate that proficiency. The certificate of
proficiency shall be equivalent to a high school diploma, and the
begin delete State Department of Education end delete begin insert department end insert shall keep a permanent
record of the issuance of all begin delete the end delete certificates.

(b)  begin insert (1) end insert begin insert   end insert The begin delete State Department of Education end delete begin insert department end insert shall
develop standards of competency in basic skills taught in public
high schools and shall provide for the administration of
examinations prepared by or with the approval of the department
to verify competency. Regular examinations shall be held once in
the fall semester and once in the spring of every academic year on
a date, as determined by the begin delete State Department of Education, which end delete
begin insert department, that end insert will enable notification of examinees and the
schools they attend, if any, of the results thereof not later than two
weeks prior to the date on which that semester ends in a majority
of school districts begin delete which end delete begin insert that end insert maintain high schools.

begin delete

In

end delete

begin insert (2) end insert begin insert   end insert begin insert In end insert addition to regular examinations, the begin delete State Department
of Education end delete begin insert department end insert may, at the discretion of the
begin delete Superintendent of Public Instruction, end delete begin insert Superintendent, end insert conduct
examinations for all eligible persons once during each summer
recess and may conduct examinations at any other time that the
superintendent deems necessary to accommodate eligible persons
whose religious convictions or physical handicaps prevent their
attending one of the regular examinations.

(c)  begin insert (1) end insert begin insert   end insert The begin delete State Department of Education end delete begin insert department end insert may
charge a fee for each examination application in an amount
sufficient to recover the costs of administering the requirements
of this section. However, the fee shall not exceed an amount equal
to the cost of test renewal and administration per examination
application. All fees levied and collected pursuant to this section
shall be deposited in the State Treasury for remittance to the current
support appropriation of the begin delete State Department of Education end delete
begin insert department end insert as reimbursement for costs of administering this
section. Any reimbursements collected in excess of actual costs
of administration of this section shall be transferred to the
unappropriated surplus of the General Fund by order of the Director
of Finance.

begin insert

(2) The department shall not charge the fee to a homeless child
or youth, as defined in paragraph (2) of Section 725 of the federal
McKinney-Vento Homeless Assistance Act (42 U.S.C. Sec.
11434a(2)), who can verify his or her status as a homeless child
or youth. A homeless services provider that has knowledge of the
person’s housing status may verify the person’s status for purposes
of this paragraph.

end insert begin insert

(3) For purposes of this subdivision, a “homeless services
provider” includes all of the following:

end insert begin insert

(A) A governmental or nonprofit agency receiving federal, state,
county, or municipal funding to provide services to a homeless
child or youth, or that is otherwise sanctioned to provide those
services by a local homeless continuum of care organization.

end insert begin insert

(B) An attorney licensed to practice law in this state.

end insert begin insert

(C) A local educational agency liaison for homeless children
and youth designated as such pursuant to Section 11432(g)(1)(J)(ii)
of Title 42 of the United States Code, or a school social worker.

end insert begin insert

(D) A human services provider or public social services provider
funded by the state to provide homeless children or youth services,
health services, mental or behavioral health services, substance
use disorder services, or public assistance or employment services.

end insert begin insert

(E) A law enforcement officer designated as a liaison to the
homeless population by a local police department or sheriff’s
department within the state.

end insert begin insert

(F) Any other person or entity that is qualified to verify an
individual’s housing status, as determined by the department.

end insert

(d) The begin delete State Board of Education end delete begin insert state board end insert shall adopt rules
and regulations as are necessary for implementation of this section.

(e) The begin delete State Department of Education end delete begin insert department end insert shall
periodically review the effectiveness of the examinations
administered pursuant to this section. The costs of this review may
be recovered through the fees levied pursuant to subdivision (c).

SEC. 2.  

Section 51421 of the Education Code is amended to
read:

51421.  

(a) The begin delete superintendent end delete begin insert Superintendent end insert may charge a
one-time only fee, established by the State Board of Education, to
be submitted by an examinee when registering for the test sufficient
in an amount not greater than the amount required to pay the cost
of administering this article begin insert , including costs related to subdivision
(b), end insert and for the cost of providing begin delete all followup end delete services related to
the completion of the general educational development test. The
amount of each fee may not exceed twenty dollars ($20) per person.

(b) The examinee shall be responsible for submitting to the
Superintendent begin delete of Public Instruction all subsequent requests end delete begin insert both
of the following requests: end insert

begin insert (1) end insert begin insert   end insert begin insert A request end insert for begin insert a end insert duplicate begin delete copies end delete begin insert copy end insert of the begin delete California end delete high
school equivalency begin delete certificate and all requests end delete begin insert certificate. end insert

begin insert (2) end insert begin insert   end insert begin insert A request end insert to forward begin delete reports end delete begin insert a report end insert of the results of begin delete the
applicant’s end delete begin insert a end insert general educational development test to begin insert a end insert
postsecondary educational begin delete institutions. end delete begin insert institution. end insert

begin insert

(c) (1) If, for purposes of this article, a scoring contractor or
testing center charges an examinee its own separate fee, the
scoring contractor or testing center shall not charge that fee to a
homeless child or youth, as defined in paragraph (2) of Section
725 of the federal McKinney-Vento Homeless Assistance Act (42
U.S.C. Sec. 11434a(2)), who can verify his or her status as a
homeless child or youth. A homeless services provider that has
knowledge of the person’s housing status may verify the person’s
status for purposes of this subdivision.

end insert begin insert

(2) For purposes of this subdivision, a “homeless services
provider” includes all of the following:

end insert begin insert

(A) A governmental or nonprofit agency receiving federal, state,
county, or municipal funding to provide services to a homeless
child or youth, or that is otherwise sanctioned to provide those
services by a local homeless continuum of care organization.

end insert begin insert

(B) An attorney licensed to practice law in this state.

end insert begin insert

(C) A local educational agency liaison for homeless children
and youth designated as such pursuant to Section 11432(g)(1)(J)(ii)
of Title 42 of the United States Code, or a school social worker.

end insert begin insert

(D) A human services provider or public social services provider
funded by the state to provide homeless children or youth services,
health services, mental or behavioral health services, substance
use disorder services, or public assistance or employment services.

end insert begin insert

(E) A law enforcement officer designated as a liaison to the
homeless population by a local police department or sheriff’s
department within the state.

end insert begin insert

(F) Any other person or entity that is qualified to verify an
individual’s housing status, as determined by the department.

end insert