AB 1441, as introduced, Stone. Pupils in foster care: transfers between schools: educational record: course credit.
Existing law establishes procedures for the transfer of pupils in foster care between schools and, among other things, requires the local educational agency from which the pupil is transferring to compile the complete educational record of the pupil, including a determination of seat time, full or partial credits earned, and current classes and grades.
This bill would require a local educational agency, as defined, in determining credits earned for coursework completed in a course that satisfies the requirements for graduation, to award credit for that course in proportion to the period of time the pupil was enrolled in the course and achieving a passing grade, as defined.
Existing law requires a school district and county office of education to which a pupil in foster care is being transferred to accept coursework satisfactorily completed by that pupil while attending another school, and requires credits accepted to be applied to the same or equivalent course, if applicable. Existing law prohibits a school district or county office of education from requiring the pupil in foster care to retake a course if the pupil has satisfactorily completed the entire course at another school, as specified.
This bill would instead require a local educational agency, defined to also include a charter school, to accept coursework for which a pupil in foster care received a passing grade, as defined, while attending another school, and would prohibit a local educational agency from requiring a pupil in foster care to retake a course if the pupil has received a passing grade and completed the entire course in another school. The bill would specify that coursework completed in a course required for graduation shall be awarded in the same or an equivalent course that satisfies the requirements for graduation. The bill would require each local educational agency, at a regularly scheduled public hearing, to adopt a policy that establishes a method for awarding partial credit to pupils in foster care transferring between schools, and would require the Superintendent of Public Instruction to issue a letter each year to each local educational agency of its responsibility to award all full and partial credit for courses to pupils in foster care who transfer between schools in accordance with specified provisions. By imposing additional duties on local educational agencies, 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 49069.5 of the Education Code is
2amended to read:
(a) The Legislature finds and declares that the
4mobility of pupils in foster care often disrupts their educational
5experience. The Legislature also finds that efficient transfer
6procedures and transfer of pupil records is a critical factor in the
7swift placement of foster children in educational settings.
8(b) The proper and timely transfer between schools of pupils in
9foster care is the responsibility of both the local educational agency
10and the county placing agency.
P3 1(c) As soon as the county placing agency becomes aware of the
2need to transfer a pupil in foster care out of his or her current
3school, the county placing agency shall contact the appropriate
4
person at the local educational agency of the pupil. The county
5placing agency shall notify the local educational agency of the
6date that the pupil will be leaving the school and request that the
7pupil be transferred out.
8(d) Upon receiving a transfer request from a county placing
9agency, the local educational agency shall, within two business
10days, transfer the pupil out of school and deliver the educational
11information and records of the pupil to the next educational
12placement.
13(e) As part of the transfer process described under subdivisions
14(c) and (d), the local educational agency shall compile the complete
15educational record of the pupilbegin delete including aend deletebegin insert that includes the
16following:end insert
17begin insert (1)end insertbegin insert end insertbegin insertAend insert
determination of seat time, full or partial credits earned,
18begin insert andend insert current classes and gradesbegin delete, immunizationend deletebegin insert. In determining
19credits earned for coursework completed in a course that satisfies
20the requirements for graduation pursuant to Section 51225.3, the
21local educational agency shall award credit for that course in
22proportion to the period of time the pupil was enrolled in the course
23and achieving a passing grade.end insert
24begin insert(2)end insertbegin insert end insertbegin insertImmunizationend insert
and otherbegin delete records, and, ifend deletebegin insert records.end insert
25begin insert(3)end insertbegin insert end insertbegin insertIfend insert applicable, a copy of the pupil’s plan adopted pursuant to
26Section 504 of the federal Rehabilitation Act of 1973 (29 U.S.C.
27Sec. 794 et seq.) or individualized education program adopted
28pursuant to the federal Individuals with Disabilities Education Act
29(20 U.S.C. Sec. 1400 et seq.).
30(f) The local educational agency shall assign the duties listed
31in this section to a person competent to handle the transfer
32procedure and aware of the specific educational
recordkeeping
33needs of homeless, foster, and other transient children who transfer
34between schools.
35(g) The local educational agency shall ensure that if the pupil
36 in foster care is absent from school due to a decision to change the
37placement of a pupil made by a court or placing agency, the grades
38and credits of the pupil will be calculated as of the date the pupil
39left school, and no lowering of grades will occur as a result of the
40absence of the pupil under these circumstances.
P4 1(h) The local educational agency shall ensure that if the pupil
2in foster care is absent from school due to a verified court
3appearance or related court ordered activity, no lowering of his or
4her grades will occur as a result of the absence of the pupil under
5these circumstances.
6(i) Forbegin delete theend delete
purposes of this section,begin delete “pupilend deletebegin insert
the following
7definitions apply:end insert
8begin insert(1)end insertbegin insert end insertbegin insert“Pupilend insert in foster care” means any child who has been
9removed from his or her home pursuant to Section 309 of the
10Welfare and Institutions Code, is the subject of a petition filed
11under Section 300 or 602 of the Welfare and Institutions Code, or
12has been removed from his or her home and is the subject of a
13petition filed under Section 300 or 602 of the Welfare and
14Institutions Code.
15(2) “Passing grade” means a grade D or higher.
end insertbegin insert
16(3) “Local educational agency” means a school district, charter
17school, or county office of education.
Section 51225.2 of the Education Code is amended to
19read:
(a) For purposes of this section,begin delete “pupilend deletebegin insert the following
21 definitions apply:end insert
22begin insert (1)end insertbegin insert end insertbegin insert“Pupilend insert in foster care” means any child who has been
23removed from his or her home pursuant to Section 309 of the
24Welfare and Institutions Code, is the subject of a petition filed
25under Section 300 or 602 of the Welfare and Institutions Code, or
26has been removed from his or her home and is the subject of a
27petition
filed under Section 300 or 602 of the Welfare and
28Institutions Code.
29(2) “Passing grade” means a grade D or higher.
end insertbegin insert
30(3) “Local educational agency” means a school district, charter
31school, or county office of education.
32(b) Notwithstanding any other law, abegin delete school district and county begin insert local educational agencyend insert
shall accept
33office of educationend delete
34courseworkbegin delete satisfactorily completed byend deletebegin insert for whichend insert
a pupil in foster
35carebegin insert received a passing gradeend insert while attending another public
36school, a juvenile court school, or a nonpublic, nonsectarian school
37or agency even if the pupil did not complete the entire course and
38shall issue that pupil full or partial credit for the coursework
39completedbegin insert in accordance with the local educational agency policy
40established pursuant to subdivision (f)end insert.
P5 1(c) The credits accepted pursuant to subdivision (b) shall be
2applied to the same or equivalent course, if applicable, as the
3coursework completed in the prior public school, juvenile court
4school, or nonpublic, nonsectarian school or agency.begin insert If the
5
coursework completed is in a course required for graduation, as
6specified in Section 51225.3, credit shall be awarded in the same
7or an equivalent course that satisfies the requirements for
8graduation.end insert
9(d) Abegin delete school district or county office of educationend deletebegin insert local
10educational agencyend insert shall not require a pupil in foster care to retake
11a course if the pupil hasbegin delete satisfactorily completedend deletebegin insert received a passing
12grade and completedend insert the entire course in a public school, a juvenile
13court school, or a nonpublic, nonsectarian school or agency. If the
14pupil did
not complete the entire course, thebegin delete school district or begin insert
local educational agencyend insert shall not
15county office of educationend delete
16require the pupil to retake the portion of the course the pupil
17completed unless thebegin delete school district or county office of education,end delete
18begin insert local educational agency,end insert in consultation with the holder of
19educational rights for the pupil, finds that the pupil is reasonably
20able to complete the requirements in time to graduate from high
21school. When partial credit is awarded in a particular course, the
22pupil in foster care shall be enrolled in the same or equivalent
23course, if applicable, so that the pupil may continue and complete
24the entire course.
25(e) A pupil in foster care shall not be prevented from retaking
26or taking a course to meet the eligibility requirements for admission
27to the
California State University or the University of California.
28(f) No later than July 1, 2015, each local educational agency,
29at a regularly scheduled public hearing, shall adopt a policy that
30establishes a method for awarding partial credit to pupils in foster
31care who are transferring between schools.
32(g) No later than July 1, 2015, and each year thereafter, the
33Superintendent shall issue a letter to each local educational agency
34that notifies the local educational agency of its duty to award all
35full and partial credit for courses to pupils in foster care who
36transfer between schools in
accordance with this section and
37Section 49069.5.
If the Commission on State Mandates determines that
39this act contains costs mandated by the state, reimbursement to
40local agencies and school districts for those costs shall be made
P6 1pursuant to Part 7 (commencing with Section 17500) of Division
24 of Title 2 of the Government Code.
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