BILL NUMBER: SB 699 AMENDED
BILL TEXT
AMENDED IN SENATE MAY 16, 2011
AMENDED IN SENATE MAY 4, 2011
AMENDED IN SENATE APRIL 7, 2011
INTRODUCED BY Senator Runner
FEBRUARY 18, 2011
An act to amend Section 51225.3 of , and to add Section
51225.1 to, the Education Code, relating to pupil instruction.
LEGISLATIVE COUNSEL'S DIGEST
SB 699, as amended, Runner. Pupil instruction: graduation
requirements: pupil in foster care.
Existing law requires a pupil to complete specified courses while
in grades 9 to 12, inclusive, in order to receive a diploma of
graduation from high school. Existing law authorizes the governing
board of a school district to adopt rules specifying additional
coursework requirements. Existing law also provides that
requires a school district shall
to exempt a pupil in foster care from all
coursework and other requirements adopted by the governing board of
the school district that are in addition to the statewide coursework
requirements for graduation if the pupil, while he or she is in grade
11 or 12, transfers into the school district from another school
district or between high schools within the school district, unless
the school district makes a finding that the pupil is reasonably able
to complete the additional requirements in time to graduate from
high school while he or she remains eligible for foster care
benefits.
This bill would instead provide that a school district
shall exempt a pupil from all coursework and other requirements
adopted by the governing board of the school district that are in
addition to the statewide coursework requirements for graduation if
the pupil transfers between schools while he or she is in grade 11 or
12 and in foster care, unless the school district makes a finding
that the pupil is reasonably able to complete the additional
requirements in time to graduate from high school at the completion
of the pupil's fourth year of high school attendance, or unless the
adult holding the right to make educational decisions for the pupil,
or the pupil, decides that exempting the pupil is not in the pupil's
best interest. The bill also would require a school district to
notify a pupil who transfers between schools while he or she is in
grade 11 or 12 and in foster care whether or not he or she qualifies
for an exemption within 30 days of transferring
require a school district to exempt a pupil from all coursework and
other requirements adopted by the governing board of the school
district that are in addition to the statewide coursework
requirements unless the school district makes a finding that the
pupil is reasonably able to complete the requirements in time to
graduate from high school by the end of the pupil's 4th
year of high school. The bill would make the exemption from local
graduation requirements applicable only to a pupil who transfers
between schools during or after the pupil's 3rd year of high school
and who is currently in foster care or, at the time of transfer, was
in foster care. The bill would allow either the number of credits the
pupil has earned to date or the length of the pupil's school
enrollment to be used to determine whether a pupil is in the 3rd year
of high school, whichever would qualify the pupil for the exemption.
The bill would require the school district to notify a pupil who may
qualify for the exemption and the person holding the right to make
educational decisions for the pupil and inform them of whether or not
the pupil qualifies for the exemption. The bill would require the
notification to be made within 30 days of the pupil's transfer. If
the adult holding the right to make educational decisions
for the pupil, in consultation with the pupil, decides at any time or
if the pupil decides at any time that it is not in the
pupil's best interest to be exempted from local graduation
requirements, the bill would prohibit the school district from
exempting the pupil. The bill would prohibit a school or school
district from requiring or requesting that the pupil graduate before
the end of his or her 4th year of high school if a pupil is exempted
and completes the statewide coursework requirements before the end of
his or her 4th year in high school and the pupil is otherwise
entitled to remain in attendance at the school .
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 1. Section 51225.1 is added to the
Education Code , to read:
51225.1. (a) (1) The exemption from local graduation requirements
provided by this section applies only to a pupil who meets both of
the following criteria:
(A) The pupil transfers between schools during or after the pupil'
s third year of high school.
(B) The pupil is currently in foster care or, at the time of
transfer, was in foster care.
(2) To determine whether a pupil is in the third year of high
school, either the number of credits the pupil has earned to date or
the length of the pupil's school enrollment may be used, whichever
will qualify the pupil for the exemption.
(b) (1) Notwithstanding any other law, a school district shall
exempt a pupil 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 requirements in time to graduate from
high school by the end of the pupil's fourth year of high school.
(2) If the adult holding the right to make educational decisions
for the pupil, in consultation with the pupil, decides at any time or
if the pupil decides at any time that it is not in the pupil's best
interest to be exempted from local graduation requirements, the
school district shall not exempt the pupil from those requirements.
(c) Within 30 days of the date that a pupil 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 and the adult holding the right to make educational decisions
for the pupil of the availability of the exemption and shall inform
the pupil and the adult holding the right to make educational
decisions for the pupil that the pupil qualifies or does not qualify
for an exemption.
(d) (1) If a pupil is not exempted from local graduation
requirements pursuant to this section, a school district shall exempt
the pupil at any time if an exemption is requested and the pupil
qualifies for the exemption.
(2) If a pupil has been exempted from local graduation
requirements pursuant to this section, a school district shall not
revoke the exemption unless the pupil or the adult holding the right
to make educational decisions for the pupil, in consultation with the
pupil, requests the revocation.
(e) If a 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 in 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 is exempted from local graduation requirements
pursuant to this section, the school district shall notify the pupil
and the adult holding the right to make educational decisions for the
pupil, whether and 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.
SECTION 1. SEC. 2. Section 51225.3 of
the Education Code is amended to read:
51225.3. (a) A pupil shall complete all of the following while in
grades 9 to 12, inclusive, in order to receive a diploma of
graduation from high school:
(1) At least the following numbers of courses in the subjects
specified, each course having a duration of one year, unless
otherwise specified:
(A) Three courses in English.
(B) Two courses in mathematics.
(C) Two courses in science, including biological and physical
sciences.
(D) Three courses in social studies, including United States
history and geography; world history, culture, and geography; a
one-semester course in American government and civics; and a
one-semester course in economics.
(E) One course in visual or performing arts or foreign language.
For the purposes of satisfying the requirement specified in this
subparagraph, a course in American Sign Language shall be deemed a
course in foreign language.
(F) Two courses in physical education, unless the pupil has been
exempted pursuant to the provisions of this code.
(2) Other coursework requirements adopted by the governing board
of the school district.
(b) The governing board, with the active involvement of parents,
administrators, teachers, and pupils, shall adopt alternative means
for pupils to complete the prescribed course of study that may
include practical demonstration of skills and competencies,
supervised work experience or other outside school experience, career
technical education classes offered in high schools, courses offered
by regional occupational centers or programs, interdisciplinary
study, independent study, and credit earned at a postsecondary
institution. Requirements for graduation and specified alternative
modes for completing the prescribed course of study shall be made
available to pupils, parents, and the public.
(c) (1) Notwithstanding any other provision of law, a school
district shall exempt a pupil from all coursework and other
requirements adopted by the governing board of the district that are
in addition to the statewide coursework requirements specified in
this section if the pupil transfers between schools while he or she
is in grade 11 or 12 and in foster care unless the district makes a
finding that the pupil is reasonably able to complete the
requirements in time to graduate from high school at the completion
of the pupil's fourth year of high school attendance. If the adult
holding the right to make educational decisions for the pupil decides
at any time or if the pupil decides at any time that it is not in
the pupil's best interest to be exempted from local graduation
requirements, the pupil shall not be exempted from those
requirements.
(2) A school district shall notify a pupil who transfers between
schools while he or she is in grade 11 or 12 and in foster care and,
as appropriate, the person holding the right to make educational
decisions for the pupil, whether or not the pupil qualifies for an
exemption pursuant to this subdivision. The school district shall
make the notification within 30 days of the pupil transferring.
(3) If a pupil transfers between schools while he or she is in
grade 11 or 12 and in foster care and has not been exempted pursuant
to this subdivision, a school district may so exempt the pupil, at
any time, if the criteria set forth in this subdivision are
satisfied.
(4) If a pupil transfers between schools while he or she is in
grade 11 or 12 and in foster care and is exempted from local
graduation requirements pursuant to this subdivision, the school
district shall notify the pupil and, as appropriate, the person
holding the right to make educational decisions for the pupil,
whether 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.
SEC. 2. SEC. 3. 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.