Amended in Senate August 19, 2014

Amended in Senate June 17, 2014

Amended in Assembly May 1, 2014

Amended in Assembly April 21, 2014

Amended in Assembly March 28, 2014

California Legislature—2013–14 Regular Session

Assembly Bill No. 2276

Introduced by Assembly Member Bocanegra

February 21, 2014

An act to amend Sections 48645.5 and 49069.5 of, to add Section 48647 to, and to add and repeal Section 48648 of, the Education Code, relating to pupils.

LEGISLATIVE COUNSEL’S DIGEST

AB 2276, as amended, Bocanegra. Pupils: transfers from juvenile court schools.

Existing law affords various protections for the enrollment of pupils in foster care, as defined, in schools, including, among others, expedited enrollment and speedy transfer of academic records when a pupil in foster care is transferring schools. Existing law also provides for the administration and operation of juvenile court schools by county offices of education, and sets forth separate protections specifically applicable to pupils who have had contact with the juvenile justice system, including prohibiting a pupil from being denied enrollment or readmission to a public school because he or she has had contact with the juvenile justice system.

This bill would specify that a pupil who has had contact with the juvenile justice system shall be immediately enrolled in a public school, in accordance with specified provisions. The bill would require a county office of education and county probation department to have a joint transition planning policy that includes collaboration with relevant local educational agencies relating to pupils who are being released from juvenile court schools. By imposing additional requirements on local governmental entities with respect to the collaboration between a county office of education, the county probation department, and other relevant local educational agencies, the bill would impose a state-mandated local program. The bill would strongly encourage local educational agencies to enter into memoranda of understanding and create joint policies, as specified, regarding the immediate enrollment of pupils transferring from juvenile court schools. The bill begin insert , subject to an appropriation in the annual Budget Act, end insert would require the Superintendent of Public begin delete Instruction and end delete begin insert Instruction, in consultation with end insert the Board of State and Community begin delete Corrections end delete begin insert Corrections, end insert to convene a statewide group to develop a model and study programs and policies relating to the transfer of educational records and enrollment of pupils who are being transferred from juvenile court schools, and would require the statewide group to report its findings and recommendations to the Legislature and appropriate policy committees on or before January 1, 2016. The bill would revise legislative findings and declarations regarding the transfer of pupils in foster care who have had contact with the juvenile justice system, and would make other clarifying and conforming changes.

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 48645.5 of the Education Code is
amended to read:

48645.5.  

(a) Each public school district and county office of
education shall 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.
The coursework shall be transferred by means of the standard state
transcript. If a pupil completes the graduation requirements of his
or her school district of residence while being detained, the school
district of residence shall issue to the pupil a diploma from the
school the pupil last attended before detention or, in the alternative,
the county superintendent of schools may issue the diploma.

(b) A pupil shall not be denied enrollment or readmission to a
public school solely on the basis that he or she has had contact
with the juvenile justice system, including, but not limited to:

(1) Arrest.

(2) Adjudication by a juvenile court.

(3) Formal or informal supervision by a probation officer.

(4) Detention for any length of time in a juvenile facility or
enrollment in a juvenile court school.

(c)  Pursuant to subparagraph (B) of paragraph (8) of subdivision
(e) of Section 48853.5, a pupil who has had contact with the
juvenile justice system shall be immediately enrolled in a public
school.

SEC. 2.  

Section 48647 is added to the Education Code, to read:

48647.  

(a) Local educational agencies are strongly encouraged
to enter into memoranda of understanding and create joint policies,
systems, including data sharing systems, transition centers, and
other joint structures that will allow for the immediate transfer of
educational records, create uniform systems for calculating and
awarding course credit, and allow for the immediate enrollment
of pupils transferring from juvenile court schools.

(b) As part of their existing responsibilities for coordinating
education and services for youth in the juvenile justice system, the
county office of education and county probation department shall
have a joint transition planning policy that includes collaboration
with relevant local educational agencies to improve communication
regarding dates of release and the educational needs of pupils who
have had contact with the juvenile justice system, to coordinate
immediate school placement and enrollment, and to ensure that
probation officers in the community have the information they
need to support the return of pupils who are being transferred from
juvenile court schools to public schools in their communities.

SEC. 3.  

Section 48648 is added to the Education Code, to read:

48648.  

(a)  begin delete The Superintendent and end delete begin insert Subject to an appropriation
in the annual Budget Act for this purpose, the Superintendent, in
consultation with end insert the Board of State and Community begin delete Corrections end delete
begin insert Corrections, end insert shall convene a statewide group with stakeholders
from the community, advocacy organizations, and education and
probation department leaders to develop a model and study existing
successful county programs and policies for the immediate transfer
of educational records, uniform systems for calculating and
awarding credits, transition planning, and the immediate enrollment
of pupils who are being transferred from juvenile court schools.

(b) (1) On or before January 1, 2016, the statewide group shall
report its findings and provide recommendations for state action
to the Legislature and appropriate policy committees.

(2) The report shall be submitted in compliance with Section
9795 of the Government Code.

(c) Pursuant to Section 10231.5 of the Government Code, this
section is repealed on January 1, 2020.

SEC. 4.  

Section 49069.5 of the Education Code is amended to
read:

49069.5.  

(a) The Legislature finds and declares all of the
following:

(1) The mobility of pupils in foster care often disrupts their
educational experience.

(2) Efficient transfer procedures and transfer of pupil records
is a critical factor in the swift placement of foster children in
educational settings.

(3) Pupils who have had contact with the juvenile justice system
are often denied credit or partial credit earned during enrollment
in juvenile court schools. Delays in school enrollment and loss of
earned credit can result in improper class or school placement,
denial of special education services, and school dropout.

(b) The proper and timely transfer between schools of pupils in
foster care is the responsibility of both the local educational agency,
including the county office of education for pupils in foster care
who are enrolled in juvenile court schools, and the county placing
agency, which includes the county probation department.

(c) As soon as the county placing agency or county office of
education becomes aware of the need to transfer a pupil in foster
care out of his or her current school, the county placing agency or
county office of education shall contact the appropriate person at
the local educational agency of the pupil. The county placing
agency shall notify the local educational agency of the date that
the pupil will be leaving the school and request that the pupil be
transferred out.

(d) Upon receiving a transfer request from a county placing
agency or notification of enrollment from the new local educational
agency, the local educational agency receiving the transfer request
or notification shall, within two business days, transfer the pupil
out of school and deliver the educational information and records
of the pupil to the next educational placement.

(e) As part of the transfer process described under subdivisions
(c) and (d), the local educational agency shall compile the complete
educational record of the pupil, including a determination of seat
time, full or partial credits earned, current classes and grades,
immunization and other records, and, if applicable, a copy of the
pupil’s plan adopted pursuant to Section 504 of the federal
Rehabilitation Act of 1973 (29 U.S.C. Sec. 794) or individualized
education program adopted pursuant to the federal Individuals
with Disabilities Education Act (20 U.S.C. Sec. 1400 et seq.).

(f) The local educational agency shall assign the duties listed
in this section to a person competent to handle the transfer
procedure and who is aware of the specific educational
recordkeeping needs of homeless, foster, and other transient
children who transfer between schools.

(g) The local educational agency shall ensure that, if the pupil
in foster care is absent from school due to a decision to change the
placement of a pupil made by a court or placing agency, the grades
and credits of the pupil will be calculated as of the date the pupil
left school and no lowering of grades will occur as a result of the
absence of the pupil under these circumstances.

(h) The local educational agency shall ensure that, if the pupil
in foster care is absent from school due to a verified court
appearance or related court ordered activity, no lowering of his or
her grades will occur as a result of the absence of the pupil under
these circumstances.

(i) For purposes of this section, the following definitions apply:

(1) “County placing agency” means a county social services
department or county probation department.

(2) “Local educational agency” means a school district, a county
office of education, a charter school participating as a member of
a special education local plan area, or a special education local
plan area.

(3) “Pupil in foster care” means a 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.

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.