Amended in Senate April 7, 2015

Senate Bill No. 252

Introduced by Senator Leno

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

(Coauthors: Assembly Members Baker, begin insert Bloom, end insert Chiu, begin insert Cooley, end insert Dababneh, Cristina Garcia, begin insert Gordon, end insert Lackey, Maienschein, McCarty, begin delete and end delete begin insert Olsen, end insert Santiago begin insert , and Ting end insert )

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 amended, 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 begin delete by end delete begin insert by, end insert or with the approval begin delete of end delete begin insert of, end insert 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 begin delete the fee for an examination application end delete begin insert the fee end insert to a homeless child or youth who begin insert is under 25 years of age and end insert 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 begin delete person’s end delete begin insert examinee’s end insert housing status to verify the begin delete person’s end delete begin insert examinee’s end insert 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 begin insert is under 25 years of age and end insert 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 begin delete person’s end delete begin insert examinee’s end insert housing status to verify the begin delete person’s end delete begin insert examinee’s end insert 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) (1) A 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, may have his or her proficiency
in basic skills taught in public high schools verified according to
criteria established by the State Department of Education.

(2) The state board 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
department shall keep a permanent record of the issuance of all
certificates.

(b) (1) The department 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
begin insert semester end insert of every academic year on a date, as determined by the
department, that 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 that maintain high schools.

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

(c) (1) The department 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
department 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.

(2) The department shall not charge the fee to begin insert an examinee who
meets all of the following criteria: end insert

begin insert (A) end insert begin insert   end insert begin insert The examinee qualifies as end insert 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.
begin delete 11434a(2)), who end delete begin insert 11434a(2)). end insert

begin insert

(B) The examinee has not attained 25 years of age as of the date
of the scheduled examination.

end insert

begin insert (C) end insert begin insert   end insert begin insert The examinee end insert can verify his or her status as a homeless
child or youth. A homeless services provider that has knowledge
of the begin delete person’s end delete begin insert examinee’s end insert housing status may verify the begin delete person’s end delete
begin insert examinee’s end insert status for purposes of this begin delete paragraph. end delete begin insert subparagraph. end insert

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

begin delete

(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 delete begin delete

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

end delete begin delete

(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 delete begin delete

(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 delete begin delete

(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 delete begin insert

(A) A homeless services provider listed in paragraph (3) of
subdivision (d) of Section 103577 of the Health and Safety Code.

end insert begin delete

(F)

end delete

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

(d) The state board shall adopt rules and regulations as are
necessary for implementation of this section.

(e) The department 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 Superintendent 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, including costs related to subdivision
(b), and for the cost of providing 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 both of the following requests:

(1) A request for a duplicate copy of the high school equivalency
certificate.

(2) A request to forward a report of the results of a general
educational development test to a postsecondary educational
institution.

(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 begin insert an examinee
who meets all of the following criteria: end insert

begin insert (A) end insert begin insert   end insert begin insert The examinee qualifies as end insert 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.
begin delete 11434a(2)), who end delete begin insert 11434a(2)). end insert

begin insert

(B) The examinee has not attained 25 years of age as of the date
of the scheduled examination.

end insert

begin insert (C) end insert begin insert   end insert begin insert The examinee end insert can verify his or her status as a homeless
child or youth. A homeless services provider that has knowledge
of the begin delete person’s end delete begin insert examinee’s end insert housing status may verify the begin delete person’s end delete
begin insert examinee’s end insert status for purposes of this begin delete subdivision. end delete begin insert subparagraph. end insert

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

begin delete

(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.

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

(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.

(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.

(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 delete begin insert

(A) A homeless services provider listed in paragraph (3) of
subdivision (d) of Section 103577 of the Health and Safety Code.

end insert begin delete

(F)

end delete

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