California Legislature—2013–14 Regular Session

Assembly Bill No. 1806

Introduced by Assembly Member Bloom

February 18, 2014

An act to amend Sections 48915.5, 48918.1, 51225.1, and 51225.2 of the Education Code, relating to pupil services.

LEGISLATIVE COUNSEL’S DIGEST

AB 1806, as introduced, Bloom. Pupil services: homeless children or youth.

(1) Existing law, if an individual with exceptional needs is a foster child, as defined, and the local educational agency has proposed a change of placement due to an act for which a decision to recommend expulsion is at the discretion of the principal or the district superintendent of schools, requires the attorney for the individual with exceptional needs and an appropriate representative of the county child welfare agency to be invited to participate in the individualized education program team meeting that makes a manifestation determination, as specified.

This bill, if an individual with exceptional needs is a homeless child or youth, as defined, and the local educational agency has proposed a change of placement due to an act for which a decision to recommend expulsion is at the discretion of the principal or the district superintendent of schools, would require the designated local educational agency liaison for homeless children and youth to be invited to participate in the individualized education program team meeting that makes a manifestation determination, as specified.

(2) Existing law, if the decision to recommend expulsion is a discretionary act and the pupil is a foster child, as defined, requires the governing board of the school district to provide notice of the expulsion hearing to the pupil’s attorney and an appropriate representative of the county child welfare agency, as specified. Existing law, if a recommendation of expulsion is required and the pupil is a foster child, as defined, authorizes the governing board of the school district to provide notice of the expulsion hearing to the pupil’s attorney and an appropriate representative of the county child welfare agency, as specified.

This bill, if the decision to recommend expulsion is a discretionary act and the pupil is a homeless child or youth, as defined, would require the governing board of the school district to provide notice of the expulsion hearing to the designated local educational agency liaison for homeless children and youth, as specified. The bill, if a recommendation of expulsion is required and the pupil is a homeless child or youth, as defined, would authorize the governing board of the school district to provide notice of the expulsion hearing to the designated local educational agency liaison for homeless children and youth, as specified.

(3) Existing law requires a school district to exempt a pupil in foster care, as defined, who transfers between schools any time after the completion of the pupil’s 2nd year of high school from all coursework and other requirements adopted by the governing board of the school district that are in addition to certain statewide coursework requirements unless the school district makes a finding that the pupil is reasonably able to complete the school district’s graduation requirements in time to graduate from high school by the end of the pupil’s 4th year of high school. Existing law requires, among other things, the school district to take specified actions if it determines that the pupil in foster care is reasonably able to complete the school district’s graduation requirements within the pupil’s 5th year of high school.

This bill would extend these provisions to a pupil who is a homeless child or youth, as defined. By requiring school districts to perform additional duties in complying with the exemption requirements, the bill would impose a state-mandated local program.

(4) Existing law requires a school district and county office of education to accept coursework satisfactorily completed by a pupil in foster care, as defined, while attending another public school, a juvenile court school, or a nonpublic, nonsectarian school or agency even if the pupil did not complete the entire course and requires the school district and county office of education to issue that pupil full or partial credit for the coursework completed. Existing law prohibits a school district or county office of education from, among other things, requiring a pupil in foster care to retake a course if the pupil has satisfactorily completed the entire course in a public school, a juvenile court school, or a nonpublic, nonsectarian school or agency. Existing law provides that a pupil in foster care shall not be prohibited from retaking or taking a course to meet the eligibility requirements for admission to the California State University or the University of California.

This bill would extend these provisions to a pupil who is a homeless child or youth, as defined. By requiring a school district and county office of education to perform additional duties in complying with the requirements to accept coursework, the bill would impose a state-mandated local program.

(5) 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 48915.5 of the Education Code is
amended to read:

48915.5.  

(a) An individual with exceptional needs, as defined
in Section 56026, may be suspended or expelled from school in
accordance with Section 1415(k) of Title 20 of the United States
Code, the discipline provisions contained in Sections 300.530 to
300.537, inclusive, of Title 34 of the Code of Federal Regulations,
and other provisions of this part that do not conflict with federal
law and regulations.

(b) A free appropriate public education for individuals with
exceptional needs suspended or expelled from school shall be in
accordance with Section 1412(a)(1) of Title 20 of the United States
Code and Section 300.530(d) of Title 34 of the Code of Federal
Regulations.

(c) If an individual with exceptional needs is excluded from
schoolbus transportation, the pupil is entitled to be provided with
an alternative form of transportation at no cost to the pupil or parent
or guardian provided that transportation is specified in the pupil’s
individualized education program.

(d) If the individual with exceptional needs is a foster child, as
defined in Section 48853.5, and the local educational agency has
proposed a change of placement due to an act for which a decision
to recommend expulsion is at the discretion of the principal or the
district superintendent of schools, the attorney for the individual
with exceptional needs and an appropriate representative of the
county child welfare agency shall be invited to participate in the
individualized education program team meeting that makes a
manifestation determination pursuant to Section 1415(k) of Title
20 of the United States Code. The invitation may be made using
the most cost-effective method possible, which may include, but
is not limited to, electronic mail or a telephone call.

begin insert

(e) If the individual with exceptional needs is a homeless child
or youth, as defined in Section 11434a(2) of Title 42 of the United
States Code, and the local educational agency has proposed a
change of placement due to an act for which a decision to
recommend expulsion is at the discretion of the principal or the
district superintendent of schools, the local educational agency
liaison for homeless children and youth designated pursuant to
Section 11432(g)(1)(J)(ii) of Title 42 of the United States Code
shall be invited to participate in the individualized education
program team meeting that makes a manifestation determination
pursuant to Section 1415(k) of Title 20 of the United States Code.
The invitation may be made using the most cost-effective method
possible, which may include, but is not limited to, electronic mail
or a telephone call.

end insert

SEC. 2.  

Section 48918.1 of the Education Code is amended to
read:

48918.1.  

(a)  begin delete If end delete begin insert (1) end insert begin insert   end insert begin insert If end insert the decision to recommend expulsion is
a discretionary act and the pupil is a foster child, as defined in
Section 48853.5, the governing board of the school district shall
provide notice of the expulsion hearing to the pupil’s attorney and
an appropriate representative of the county child welfare agency
at least 10 calendar days before the date of the hearing. The notice
may be made using the most cost-effective method possible, which
may include, but is not limited to, electronic mail or a telephone
call.

begin delete

(b)

end delete

begin insert (2) end insert  If a recommendation of expulsion is required and the pupil
is a foster child, as defined in Section 48853.5, the governing board
of the school district may provide notice of the expulsion hearing
to the pupil’s attorney and an appropriate representative of the
county child welfare agency at least 10 calendar days before the
date of the hearing. The notice may be made using the most
cost-effective method possible, which may include, but is not
limited to, electronic mail or a telephone call.

begin insert

(b) (1) If the decision to recommend expulsion is a discretionary
act and the pupil is a homeless child or youth, as defined in Section
11434a(2) of Title 42 of the United States Code, the governing
board of the school district shall provide notice of the expulsion
hearing to the local educational agency liaison for homeless
children and youth designated pursuant to Section
11432(g)(1)(J)(ii) of Title 42 of the United States Code at least 10
calendar days before the date of the hearing. The notice may be
made using the most cost-effective method possible, which may
include, but is not limited to, electronic mail or a telephone call.

end insert begin insert

(2) If a recommendation of expulsion is required and the pupil
is a homeless child or youth, as defined in Section 11434a(2) of
Title 42 of the United States Code, the governing board of the
school district may provide notice of the expulsion hearing to the
local educational agency liaison for homeless children and youth
designated pursuant to Section 11432(g)(1)(J)(ii) of Title 42 of
the United States Code at least 10 calendar days before the date
of the hearing. The notice may be made using the most
cost-effective method possible, which may include, but is not limited
to, electronic mail or a telephone call.

end insert

SEC. 3.  

Section 51225.1 of the Education Code is amended to
read:

51225.1.  

(a) Notwithstanding any other law, a school district
shall exempt a pupil in foster care, as defined in Section 51225.2,
begin insert or a pupil who is a homeless child or youth, as defined in Section
11434a(2) of Title 42 of the United States Code, end insert who transfers
between schools any time after the completion of the pupil’s second
year of high school 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 school district’s
graduation requirements in time to graduate from high school by
the end of the pupil’s fourth year of high school.

(b) If the school district determines that the pupil in foster care begin insert ,
or the pupil who is a homeless child or youth, end insert is reasonably able
to complete the school district’s graduation requirements within
the pupil’s fifth year of high school, the begin insert school end insert district shall do all
of the following:

(1) Inform the pupil of his or her option to remain in school for
a fifth year to complete the school district’s graduation
requirements.

(2) Inform the pupil, and the person holding the right to make
educational decisions for the pupil, about how remaining in school
for a fifth year to complete the school district’s graduation
requirements will affect the pupil’s ability to gain admission to a
postsecondary educational institution.

(3) Provide information to the pupil about transfer opportunities
available through the California Community Colleges.

(4) Permit the pupil to stay in school for a fifth year to complete
the school district’s graduation requirements upon agreement with
the pupil, if the pupil is 18 years of age or older, or, if the pupil is
under 18 years of age, upon agreement with the person holding
the right to make educational decisions for the pupil.

(c) To determine whether a pupil in foster care begin insert , or a pupil who
is a homeless child or youth, end insert is in the third or fourth year of high
school, either the number of credits the pupil has earned to the
date of transfer or the length of the pupil’s school enrollment may
be used, whichever will qualify the pupil for the exemption.

(d)  begin delete Within end delete begin insert (1) end insert begin insert   end insert begin insert Within end insert 30 calendar days of the date that a pupil
in foster care 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, the person holding
the right to make educational decisions for the pupil, and the pupil’s
social worker, of the availability of the exemption and whether
the pupil qualifies for an exemption.

begin insert

(2) Within 30 calendar days of the date that a pupil who is a
homeless child or youth may qualify for the exemption from local
graduation requirements pursuant to this section transfers into a
school, the school district shall notify the pupil, the person holding
the right to make educational decisions for the pupil, and the local
educational agency liaison for homeless children and youth
designated pursuant to Section 11432(g)(1)(J)(ii) of Title 42 of
the United States Code, of the availability of the exemption and
whether the pupil qualifies for an exemption.

end insert

(e) If a pupil in foster care begin insert , or a pupil who is a homeless child
or youth, end insert 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 in foster care begin insert , or a pupil who is a homeless child
or youth, end insert is exempted from local graduation requirements pursuant
to this section, the school district shall notify the pupil and the
person holding the right to make educational decisions for the
pupil 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.

(g) A pupil in foster care begin insert , or a pupil who is a homeless child or
youth, end insert who is eligible for the exemption from local graduation
requirements pursuant to this section and would otherwise be
entitled to remain in attendance at the school shall not be required
to accept the exemption or be denied enrollment in begin insert , end insert or the ability
to complete begin insert , end insert courses for which he or she is otherwise eligible,
including courses necessary to attend an institution of higher
education, regardless of whether those courses are required for
statewide graduation requirements.

(h) If a pupil in foster care begin insert , or a pupil who is a homeless child
or youth, end insert is not exempted from local graduation requirements or
has previously declined the exemption pursuant to this section, a
school district shall exempt the pupil at any time if an exemption
is requested by the pupil and the pupil qualifies for the exemption.

(i) If a pupil in foster care begin insert , or a pupil who is a homeless child
or youth, end insert is exempted from local graduation requirements pursuant
to this section, a school district shall not revoke the exemption.

(j) If a pupil in foster care is exempted from local graduation
requirements pursuant to this section, the exemption shall continue
to apply after the termination of the court’s jurisdiction over the
pupil while he or she is enrolled in school or if the pupil transfers
to another school or school district.

(k) A school district shall not require or request a pupil in foster
care begin insert , or a pupil who is a homeless child or youth, end insert to transfer
schools in order to qualify the pupil for an exemption pursuant to
this section.

(l)  begin delete A end delete begin insert (1) end insert begin insert   end insert begin insert A end insert pupil in foster care, the person holding the right to
make educational decisions for the pupil, the pupil’s social worker,
or the pupil’s probation officer shall not request a transfer solely
to qualify the pupil for an exemption pursuant to this section.

begin insert

(2) A pupil who is a homeless child or youth, the person holding
the right to make educational decisions for the pupil, or the local
educational agency liaison for homeless children and youth
designated pursuant to Section 11432(g)(1)(J)(ii) of Title 42 of
the United States Code, shall not request a transfer solely to qualify
the pupil for an exemption pursuant to this section.

end insert

SEC. 4.  

Section 51225.2 of the Education Code is amended to
read:

51225.2.  

(a)  begin delete For end delete begin insert (1) end insert begin insert   end insert begin insert For end insert purposes of this section, “pupil in
foster care” means begin delete any end delete begin insert a end insert child who has been removed from his or
her home pursuant to Section 309 of the Welfare and Institutions
Code, is the subject of a petition filed under Section 300 or 602
of the Welfare and Institutions Code, or has been removed from
his or her home and is the subject of a petition filed under Section
300 or 602 of the Welfare and Institutions Code.

begin insert

(2) For purposes of this section, “pupil who is a homeless child
or youth” means a pupil who meets the definition of “homeless
child or youth” in Section 11434a(2) of Title 42 of the United
States Code.

end insert

(b) Notwithstanding any other law, a school district and county
office of education shall accept coursework satisfactorily completed
by a pupil in foster care begin insert or a pupil who is a homeless child end insert while
attending another public school, a juvenile court school, or a
nonpublic, nonsectarian school or agency even if the pupil did not
complete the entire course and shall issue that pupil full or partial
credit for the coursework completed.

(c) The credits accepted pursuant to subdivision (b) shall be
applied to the same or equivalent course, if applicable, as the
coursework completed in the prior public school, juvenile court
school, or nonpublic, nonsectarian school or agency.

(d) A school district or county office of education shall not
require a pupil in foster care begin insert or a pupil who is a homeless child or
youth end insert to retake a course if the pupil has satisfactorily completed
the entire course in a public school, a juvenile court school, or a
nonpublic, nonsectarian school or agency. If the pupil did not
complete the entire course, the school district or county office of
education shall not require the pupil to retake the portion of the
course the pupil completed unless the school district or county
office of education, in consultation with the holder of educational
rights for the pupil, finds that the pupil is reasonably able to
complete the requirements in time to graduate from high school.
When partial credit is awarded in a particular course, the pupil in
foster care begin insert or the pupil who is a homeless child or youth end insert shall be
enrolled in the same or equivalent course, if applicable, so that the
pupil may continue and complete the entire course.

(e) A pupil in foster care begin insert or a pupil who is a homeless child or
youth end insert shall not be prevented from retaking or taking a course to
meet the eligibility requirements for admission to the California
State University or the University of California.

SEC. 5.  

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.