BILL ANALYSIS                                                                                                                                                                                                    �






                         SENATE COMMITTEE ON EDUCATION
                             Alan Lowenthal, Chair
                           2011-2012 Regular Session
                                        

          BILL NO:       SB 699
          AUTHOR:        Runner
          AMENDED:       April 7, 2011
          FISCAL COMM:   Yes            HEARING DATE:  April 27, 2011
          URGENCY:       No             CONSULTANT:Lynn Lorber

           SUBJECT  :  Foster Youth: Exemption from Local High School 
          Graduation 
                    Requirements.
          
           SUMMARY  

          This bill conforms existing law relative to the exemption 
          of certain foster youth from locally imposed high school 
          graduation requirements to recently enacted statutes that 
          enable foster youth to remain eligible for support beyond 
          age 18.  

           BACKGROUND  

          Current law:

          1)   Requires a pupil to pass both the English language 
               arts and mathematics portions of the California High 
               School Exit Exam and complete the following courses as 
               a condition of graduating from high school:

               a)        Three years of English. 

               b)        Two years of mathematics.  

               c)        Two years of science, including biological 
                    and physical sciences.  

               d)        Three years of social studies, including 
                    United States history and geography; world 
                    history, culture, and geography; one semester of 
                    American government and civics, and one semester 
                    of economics.   

               e)        One year of visual or performing arts or 




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                    foreign language.  

               f)        Two years of physical education.  (Education 
                    Code � 60851 and 51225.3)

          2)   Requires one of the two years of mathematics to meet 
               or exceed the rigor of the content standards for 
               Algebra I.  (EC � 51224.5)

          3)   Authorizes school districts to impose additional 
               coursework requirements as a condition of graduation 
               from high school.  (EC � 51225.3)

          4)   Requires school districts to exempt a pupil in foster 
               care from district graduation requirements that exceed 
               state requirements if the pupil transfers to the 
               district, or transfers from one high school to another 
               within a district, in the 11th or 12th grade, unless 
               the 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.  (EC 
               � 51225.3)

          5)   Requires school districts to notify a pupil who has 
               been granted an exemption if the exemption will affect 
               the pupil's ability to gain admission to a 
               postsecondary institution.  (EC � 51225.3)

          6)   Until January 1, 2012, allows a child who is in foster 
               care and who is attending high school or the 
               equivalent level of vocational or technical training 
               on a full-time basis, or is in the process of pursuing 
               a high school equivalency certificate, prior to his or 
               her 18th birthday, to continue to receive foster care 
               aid beyond his or her 18th birthday so long as the 
               child continues to reside in a foster care placement, 
               continues to attend high school or the equivalent on a 
               full-time basis, and the child is reasonably expected 
               to complete the educational or training program or to 
               receive a high school equivalency certificate, before 
               his or her 19th birthday.  (Welfare & Institutions 
               Code � 11403)

          7)   Beginning January 1, 2012, foster youth are eligible 
               to receive support up to 19 years of age; effective 




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               January 1, 2013, up to 20 years of age; and effective 
               January 1, 2014, up to 21 years of age, as long as 
               certain conditions are met, including when one or more 
               of the following conditions exist:

               a)        The youth is completing secondary education 
                    or a program leading to an equivalent credential.

               b)        The youth is enrolled in an institution 
                    which provides postsecondary or vocational 
                    education.

               c)        The youth is participating in a program or 
                    activity designed to promote, or remove barriers 
                    to employment.

               d)        The youth is employed for at least 80 hours 
                    per month.

               e)        The youth is incapable of doing any of the 
                    activities described above due to a medical 
                    condition, and that incapability is supported by 
                    regularly updated information in the case plan of 
                    the youth.  (WIC � 11403)  

          8)   Requires school districts to 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.  
               (EC � 48645.5)




           ANALYSIS
           
           This bill  conforms existing law relative to the exemption 
          of certain foster youth from locally imposed high school 
          graduation requirements to recently enacted statutes that 
          enable foster youth to remain eligible for support beyond 
          age 18.  Specifically, this bill:

          1)   Clarifies existing law relative to the exemption of 
               certain foster youth from locally imposed high school 
               graduation requirements, to specify that the timeframe 
               for a pupil to reasonably complete the additional 




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               coursework is by the end of the school year in which 
               the pupil turns 18 (rather than while eligible for 
               foster care).

          2)   Authorizes the pupil and the person who holds the 
               right to make educational decisions for the pupil to, 
               at any time, decide that exemption from local 
               graduation requirements is not in the best interest of 
               the pupil.  In those situations, the pupil shall not 
               be exempted from completing local graduation 
               requirements.

          3)   Requires a school district to notify a pupil who 
               transfers schools while in 11th or 12th grade and in 
               foster care and, as appropriate, notify the person who 
               holds the right to make educational decisions for the 
               pupil, whether or not the pupil qualifies for an 
               exemption.  This notification must be made within 30 
               days of the pupil transferring into a new school.

          4)   Authorizes a school district to exempt a pupil from 
               local graduation requirements at any time if the pupil 
               meets the criteria for exemption.

           STAFF COMMENTS  

           1)   Purpose of the bill  .  According to the author, "Youth 
               in foster care regularly endure multiple housing 
               placements and school transfers while in high school.  
               Often these school transfers take place mid-semester 
               or mid-quarter.  As a consequence, foster youth 
               frequently lose credits and fall behind.  SB 699 will 
               clarify AB 167 (Adams, Ch. 223, 2009), which exempts 
               high school students in foster care who transfer 
               schools or school districts from local graduation 
               requirements.  The passage of 
               AB 12 (Beall, Ch. 559, 2010) provided transitional 
               services to foster youth ages 18-21.  SB 699 is 
               necessary to clarify the confusion created by the 
               implementation of both AB 167 and AB 12."

           2)   Age vs. grade  . This bill attempts to strike a balance 
               between allowing foster youth to graduate from high 
               school on time and incenting pupils to remain in high 
               school longer in order to complete locally imposed 
               graduation requirements (whether by the choice of the 




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               pupil or the school).  This bill clarifies that while 
               a foster youth should complete all coursework if the 
               pupil has time prior to graduation, a foster youth who 
               is eligible for support beyond age 18 should not be 
               kept in high school until age 21 to allow time to 
               complete all local graduation requirements.  
          This bill requires a foster youth to complete the 
               additional requirements in time to graduate from high 
               school by the end of the school year during which the 
               pupil reaches his or her 18th birthday.  Staff 
               recommends an amendment to instead provide that a 
               pupil is not eligible for an exemption if the school 
               district finds that the pupil is reasonably able to 
               complete the additional coursework in time to graduate 
               from high school at the completion of the fourth year 
               of high school (without any reference to age).  

           SUPPORT  

          California CASA Association

           OPPOSITION

           None on file.