AB 1441, as amended, 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, tobegin insert calculate andend insert award credit for that course in proportion to the period of time the pupilbegin delete was enrolled inend deletebegin insert
attendedend insert the course andbegin delete achieving a passing grade, as defined.end deletebegin insert achieved a grade of D or higher.end insert
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 acceptbegin insert full or partial credit and grades forend insert 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 awardingbegin insert full orend insert 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 agencybegin insert notifying the agencyend insert 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.
P3 1(b) The proper and timely transfer between schools of pupils in
2foster care is the responsibility of both the local educational agency
3and the county placing agency.
4(c) As soon as the county placing agency becomes aware of the
5need to transfer a pupil in foster care out of his or her current
6
school, the county placing agency shall contact the appropriate
7
person at the local educational agency of the pupil. The county
8placing agency shall notify the local educational agency of the
9date that the pupil will be leaving the school and request that the
10pupil be transferred out.
11(d) Upon receiving a transfer request from a county placing
12agency, the local educational agency shall, within two business
13days, transfer the pupil out of school and deliver the educational
14information and records of the pupil to the next educational
15placement.
16(e) As part of the transfer process described under subdivisions
17(c) and (d), the local educational agency shall compile the complete
18educational record of the pupil that includes the following:
19 (1) A determination of seat
time, full or partial credits earned,
20and current classes and grades. In determining credits earned for
21coursework completed in a course that satisfies the requirements
22for graduation pursuant to Section 51225.3, the local educational
23agency shallbegin insert calculate andend insert award credit for that course in
24proportion to the period of time the pupilbegin delete was enrolled inend deletebegin insert attendedend insert
25 the course andbegin delete achieving a passing grade.end deletebegin insert achieved a grade of D
26or higher pursuant to Section 51225.2.end insert
27(2) Immunization and other records.
28(3) If applicable, a copy of the pupil’s plan adopted pursuant to
29Section 504 of the federal Rehabilitation Act of 1973 (29 U.S.C.
30Sec. 794 et seq.) or individualized education program adopted
31pursuant to the federal Individuals with Disabilities Education Act
32(20 U.S.C. Sec. 1400 et seq.).
33(f) The local educational agency shall assign the duties listed
34in this section to a person competent to handle the transfer
35procedure and aware of the specific educational recordkeeping
36needs of homeless, foster, and other transient children who transfer
37between schools.
38(g) The local educational agency shall ensure that if the pupil
39
in foster care is absent from school due to a decision to change the
40placement of a pupil made by a court or placing agency, the grades
P4 1and credits of the pupil will be calculated as of the date the pupil
2left school, and no lowering of grades will occur as a result of the
3absence of the pupil under these circumstances.
4(h) The local educational agency shall ensure that if the pupil
5in foster care is absent from school due to a verified court
6appearance or related court ordered activity, no lowering of his or
7her grades will occur as a result of the absence of the pupil under
8these circumstances.
9(i) For purposes of this section, the following definitions apply:
10(1) “Pupil in foster care” means any child
who has been removed
11from his or her home pursuant to Section 309 of the Welfare and
12Institutions Code, is the subject of a petition filed under Section
13300 or 602 of the Welfare and Institutions Code, or has been
14removed from his or her home and is the subject of a petition filed
15under Section 300 or 602 of the Welfare and Institutions Code.
16(2) “Passing grade” means a grade D or higher.
end delete17(3)
end delete
18begin insert(2)end insert “Local educational agency” means a school district, charter
19school, or county office of education.
Section 51225.2 of the Education Code is amended to
21read:
(a) For purposes of this section, the following
23definitions apply:
24 (1) “Pupil in foster care” means any child who has been removed
25from his or her home pursuant to Section 309 of the Welfare and
26Institutions Code, is the subject of a petition filed under Section
27300 or 602 of the Welfare and Institutions Code, or has been
28removed from his or her home and is the subject of a petition filed
29under Section 300 or 602 of the Welfare and Institutions Code.
30(2) “Passing grade” means a grade D or higher.
31(3) “Local educational agency” means a school district, charter
32
school, or county office of education.
33(b) No later than July 1, 2015, each local educational agency,
34at a regularly scheduled public hearing, shall adopt a policy that
35establishes a method for awarding partial or full credit to pupils
36in foster care who are transferring between schools.
37(1) In the development of the partial credit policy, a local
38educational agency is encouraged to consult or adopt the Partial
39Credit Model Policy and Practice Recommendations adopted by
40the California Child Welfare Council to determine the number of
P5 1days of course attendance required for each partial credit awarded,
2allowing for excused absences and absences due to their status as
3a youth in foster
care.
4(2) No later than July 1, 2015, and each year thereafter, the
5Superintendent shall issue a letter to each local educational agency
6that notifies the local educational agency of its duty to award all
7full and partial credit for courses to pupils in foster care who
8transfer between schools in accordance with this section and
9Section 49069.5.
10(b)
end delete
11begin insert(c)end insert Notwithstanding any other law, a local educational agency
12shall acceptbegin insert
full or partial credits and grades for end insert coursework for
13which a pupil in foster care received a passing grade while
14attending another public school, a juvenile court school, or a
15nonpublic, nonsectarian school or agency even if the pupil did not
16complete the entire course and shall issue that pupil full or partial
17credit for the coursework completed in accordance with the local
18educational agency policy established pursuant to subdivisionbegin delete (f)end delete
19begin insert (b)end insert.
20(c)
end delete
21begin insert(d)end insert The creditsbegin insert and gradesend insert accepted pursuant to subdivisionbegin delete (b)end delete
22begin insert (c)end insert shall be applied to the same or equivalent course, if applicable,
23as the coursework completed in the prior public school, juvenile
24court school, or nonpublic, nonsectarian school or agency. If the
25
coursework completed is in a course required for graduation, as
26specified in Section 51225.3, credit shall be awarded in the same
27or an equivalent course that satisfies the requirements for
28graduation.
29(d)
end delete
30begin insert(e)end insert A local educational agency shall not require a pupil in foster
31care to retake a course if the pupil has received a passing grade
32and completed the entire course in a public school, a juvenile court
33school, or a nonpublic, nonsectarian school or agency. If the pupil
34did not complete the entire course, the
local educational agency
35shall not require the pupil to retake the portion of the course the
36pupil completed unless the local educational agency, in consultation
37with the holder of educational rights for the pupil, finds that the
38pupil is reasonably able to complete the requirements in time to
39graduate from high school. When partial credit is awarded in a
40particular course, the pupil in foster care shall be enrolled in the
P6 1same or equivalent course, if applicable, so that the pupil may
2continue and complete the entire course.
3(e)
end delete
4begin insert(f)end insert A pupil in foster care shall not be
prevented from retaking
5or taking a course to meet the eligibility requirements for admission
6to the California State University or the University of California.
7(f) No later than July 1, 2015, each local educational agency,
8at a regularly scheduled public hearing, shall adopt a policy that
9establishes a method for awarding partial credit to pupils in foster
10care who are transferring between schools.
11(g) No later than July 1, 2015, and each year thereafter, the
12Superintendent shall issue a letter to each local educational agency
13that notifies the local educational agency of its duty to award all
14full and partial credit for courses to pupils in foster care who
15transfer between schools in
accordance with this section and
16Section 49069.5.
If the Commission on State Mandates determines that
18this act contains costs mandated by the state, reimbursement to
19local agencies and school districts for those costs shall be made
20pursuant to Part 7 (commencing with Section 17500) of Division
214 of Title 2 of the Government Code.
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