BILL NUMBER: AB 2656	ENROLLED
	BILL TEXT

	PASSED THE SENATE  AUGUST 18, 2016
	PASSED THE ASSEMBLY  AUGUST 30, 2016
	AMENDED IN SENATE  JUNE 9, 2016
	AMENDED IN ASSEMBLY  MAY 27, 2016
	AMENDED IN ASSEMBLY  MARCH 18, 2016

INTRODUCED BY   Assembly Member O'Donnell
   (Coauthors: Assembly Members Chang, Gallagher, Cristina Garcia,
Gipson, Linder, and Maienschein)

                        FEBRUARY 19, 2016

   An act to amend Sections 48412 and 51421.5 of the Education Code,
relating to pupils.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 2656, O'Donnell. Pupils: diploma alternatives: fee waiver:
foster youth.
   Existing law authorizes certain persons, including, among others,
any person 16 years of age or older, to have his or her proficiency
in basic skills taught in public high schools verified according to
criteria established by the State Department of Education. Existing
law requires the State Board of Education to award a certificate of
proficiency to persons who demonstrate that proficiency. Existing law
requires the department to develop standards of competency in basic
skills taught in public high schools and to provide for the
administration of examinations prepared by, or with the approval of,
the department to verify competency. Existing law authorizes the
department to charge a fee for each examination application in an
amount sufficient to recover the costs of administering the
requirements of these provisions but prohibits the fee from exceeding
an amount equal to the cost of test renewal and administration per
examination application. Existing law prohibits the department from
charging the fee to an examinee who qualifies as a homeless child or
youth and meets other specified criteria.
   This bill would additionally prohibit the department from charging
the fee to a foster youth, as defined, who is under 25 years of age.

   Existing law separately requires the Superintendent of Public
Instruction to issue a high school equivalency certificate and an
official score report, or an official score report only, to a person
who has not completed high school and who meets specified
requirements, including, among others, having taken all or a portion
of a general education development test that has been approved by the
state board and administered by a testing center approved by the
department, with a score determined by the state board to be equal to
the standard of performance expected from high school graduates.
Existing law authorizes the Superintendent to charge an examinee a
one-time fee to pay costs related to administering these provisions
and issuing a certificate, as specified. Existing law limits the
amount of the fee to $20 per person and requires each scoring
contractor to forward that fee to the Superintendent. Existing law
prohibits a scoring contractor or testing center that charges its own
separate fee from charging that separate fee to an examinee who
qualifies as a homeless child or youth, is under 25 years of age, and
can verify his or her status as a homeless child or youth.
   This bill would additionally prohibit the scoring contractor or
testing center from charging the fee to a foster youth, as defined,
who is under 25 years of age.
   Existing law requires the Superintendent, on or before December 1,
2018, to submit 2 reports to the appropriate policy and fiscal
committees of the Legislature, one relating to high school
proficiency tests, and one relating to high school equivalency tests,
that each include, among other things, the number of homeless youth
that took a high school proficiency or equivalency test in each of
the 2016, 2017, and 2018 calendar years, and the impact of the
opportunity to take a high school proficiency or equivalency test at
no cost on the number and percentage of homeless youth taking a high
school proficiency or equivalency test.
   This bill would require the Superintendent to also incorporate
data on high school proficiency or equivalency test examinees who are
foster youth, as defined, into each report.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  Section 48412 of the Education Code is amended to read:

   48412.  (a) (1) A person 16 years of age or older, or who has been
enrolled in the 10th grade for one academic year or longer, or who
will complete one academic year of enrollment in the 10th grade at
the end of the semester during which the next regular examination
will be conducted, may have his or her proficiency in basic skills
taught in public high schools verified according to criteria
established by the department.
   (2) The state board shall award a "certificate of proficiency" to
persons who demonstrate that proficiency. The certificate of
proficiency shall be equivalent to a high school diploma, and the
department shall keep a permanent record of the issuance of all
certificates.
   (b) (1) The department shall develop standards of competency in
basic skills taught in public high schools and shall provide for the
administration of examinations prepared by or with the approval of
the department to verify competency. Regular examinations shall be
held once in the fall semester and once in the spring semester of
every academic year on a date, as determined by the department, that
will enable notification of examinees and the schools they attend, if
any, of the results thereof not later than two weeks before the date
on which that semester ends in a majority of school districts that
maintain high schools.
   (2) In addition to regular examinations, the department may, at
the discretion of the Superintendent, conduct examinations for all
eligible persons once during each summer recess and may conduct
examinations at any other time that the Superintendent deems
necessary to accommodate eligible persons whose religious convictions
or physical handicaps prevent their attending one of the regular
examinations.
   (c) (1) The department may charge a fee for each examination
application in an amount sufficient to recover the costs of
administering the requirements of this section. However, the fee
shall not exceed an amount equal to the cost of test renewal and
administration per examination application. All fees levied and
collected pursuant to this section shall be deposited in the State
Treasury for remittance to the current support appropriation of the
department as reimbursement for costs of administering this section.
Any reimbursements collected in excess of actual costs of
administration of this section shall be transferred to the
unappropriated surplus of the General Fund by order of the Director
of Finance.
   (2) The department shall not charge the fee to an examinee who
meets all of the following criteria:
   (A) The examinee qualifies as a homeless child or youth, as
defined in paragraph (2) of Section 725 of the federal McKinney-Vento
Homeless Assistance Act (42 U.S.C. Sec. 11434a(2)), or as a foster
youth, as defined in subdivision (h).
   (B) The examinee has not attained 25 years of age as of the date
of the scheduled examination.
   (C) For an examinee who qualifies as a homeless child or youth
pursuant to subparagraph (A), the examinee can verify his or her
status as a homeless child or youth. A homeless services provider
that has knowledge of the examinee's housing status may verify the
examinee's status for purposes of this subparagraph.
   (3) For purposes of this subdivision, a "homeless services
provider" includes either of the following:
   (A) A homeless services provider listed in paragraph (3) of
subdivision (d) of Section 103577 of the Health and Safety Code.
   (B) Any other person or entity that is qualified to verify an
individual's housing status, as determined by the department.
   (4) The loss of fees pursuant to paragraph (2), if any, shall be
deemed to be a cost of administering this section for purposes of
paragraph (1).
   (d) (1) The state board shall adopt rules and regulations as
necessary for implementation of this section.
   (2) Notwithstanding paragraph (1), the state board shall adopt
emergency regulations, as necessary, to implement the provisions of
subdivision (c), as amended by the act that added this paragraph. The
adoption of these regulations shall be deemed to be an emergency and
necessary for the immediate preservation of the public peace,
health, and safety, or general welfare.
   (e) The department shall periodically review the effectiveness of
the examinations administered pursuant to this section. The costs of
this review may be recovered through the fees levied pursuant to
subdivision (c).
   (f) (1) On or before December 1, 2018, the Superintendent shall
submit a report to the appropriate policy and fiscal committees of
the Legislature that includes, but is not limited to, all of the
following:
   (A) The number of homeless youth and foster youth that took a high
school proficiency test in each of the 2016, 2017, and 2018 calendar
years.
   (B) The impact of the opportunity to take a high school
proficiency test at no cost on the number and percentage of homeless
youth and foster youth taking a high school proficiency test.
   (C) The estimated number of homeless youth and foster youth who
may take a high school proficiency test in future years.
   (D) Recommendations for a permanent funding source to cover the
cost of the waived fees.
   (E) The annual and projected administrative cost to the
department.
   (F) The annual and projected reimbursement to contractors pursuant
to this section.
   (2) The requirement for submitting a report imposed under
paragraph (1) is inoperative on January 1, 2020, pursuant to Section
10231.5 of the Government Code.
   (g) Additional state funds shall not be appropriated for purposes
of implementing paragraph (2) of subdivision (c).
   (h) For purposes of this section, a "foster youth" means any
individual who meets or has ever met one of the following criteria:
   (1) A child who was the subject of a petition filed pursuant to
Section 300 of the Welfare and Institutions Code and removed from his
or her home by the juvenile court pursuant to Section 319 or 361 of
the Welfare and Institutions Code.
   (2) A child who was the subject of a petition filed pursuant to
Section 602 of the Welfare and Institutions Code and removed from his
or her home by the juvenile court pursuant to Section 727 of the
Welfare and Institutions Code.
  SEC. 2.  Section 51421.5 of the Education Code, as added by Section
3 of Chapter 384 of the Statutes of 2015, is amended to read:
   51421.5.  (a) If, for purposes of this article, a contractor or
testing center charges an examinee its own separate fee, the
contractor or testing center shall not charge that fee to an examinee
who meets all of the following criteria:
   (1) The examinee qualifies as a homeless child or youth, as
defined in paragraph (2) of Section 725 of the federal McKinney-Vento
Homeless Assistance Act (42 U.S.C. Sec. 11434a(2)), or as a foster
youth, as defined in subdivision (h).
   (2) The examinee has not attained 25 years of age as of the date
of the scheduled examination.
   (3) For an examinee who qualifies as a homeless child or youth
pursuant to paragraph (1), the examinee can verify his or her status
as a homeless child or youth. A homeless services provider that has
knowledge of the examinee's housing status may verify the examinee's
status for purposes of this paragraph.
   (b) For purposes of this section, a "homeless services provider"
includes either of the following:
   (1) A homeless services provider listed in paragraph (3) of
subdivision (d) of Section 103577 of the Health and Safety Code.
   (2) Any other person or entity that is qualified to verify an
individual's housing status, as determined by the department.
   (c) Additional state funds shall not be appropriated for purposes
of implementing this section.
   (d) Notwithstanding subdivision (c), the Superintendent may use
surplus funds in the Special Deposit Fund Account, established
pursuant to Section 51427, to reimburse contractors for the loss of
fees, if any, pursuant to this section. A contract executed by the
department for the provision of examinations pursuant to Section
51421 or this section shall require that any contracting party accept
all examinees, including those entitled to a fee waiver pursuant to
this section. For purposes of this subdivision, "surplus funds" are
funds remaining after the costs permitted by subdivision (a) of
Section 51421 are paid.
   (e) On or before December 1, 2018, the Superintendent shall submit
a report to the appropriate policy and fiscal committees of the
Legislature that includes, but is not limited to, all of the
following:
   (1) The number of homeless youth and foster youth that took a high
school equivalency test in each of the 2016, 2017, and 2018 calendar
years.
   (2) The impact of the opportunity to take a high school
equivalency test at no cost on the number and percentage of homeless
youth and foster youth taking a high school equivalency test.
   (3) The estimated number of homeless youth and foster youth who
may take a high school equivalency test in future years.
   (4) Recommendations for a permanent funding source to cover the
cost of the waived fees.
   (5) The annual and projected administrative cost to the
department.
   (6) The annual and projected reimbursement to the contractor
pursuant to this section.
   (f) The Superintendent shall adopt emergency regulations, as
necessary, to implement this section. The adoption of these
regulations shall be deemed to be an emergency and necessary for the
immediate preservation of the public peace, health, and safety, or
general welfare.
   (g) The department shall include a provision in all memorandums of
understanding with contractors for purposes of providing a high
school equivalency test, that if the surplus funds in the Special
Deposit Fund Account are depleted, the ongoing costs of a fee waiver
for an examinee deemed eligible for a waiver pursuant to this section
shall be absorbed by the contractor.
   (h) For purposes of this section, a "foster youth" means any
individual who meets or has ever met one of the following criteria:
   (1) A child who was the subject of a petition filed pursuant to
Section 300 of the Welfare and Institutions Code and removed from his
or her home by the juvenile court pursuant to Section 319 or 361 of
the Welfare and Institutions Code.
   (2) A child who was the subject of a petition filed pursuant to
Section 602 of the Welfare and Institutions Code and removed from his
or her home by the juvenile court pursuant to Section 727 of the
Welfare and Institutions Code.
   (i) This section shall become inoperative on July 1, 2019, and, as
of January 1, 2020, is repealed, unless a later enacted statute,
that becomes operative on or before January 1, 2020, deletes or
extends the dates on which it becomes inoperative and is repealed.
  SEC. 3.  Section 51421.5 of the Education Code, as added by Section
4 of Chapter 384 of the Statutes of 2015, is amended to read:
   51421.5.  (a) If, for purposes of this article, a contractor or
testing center charges an examinee its own separate fee, the
contractor or testing center shall not charge that fee to an examinee
who meets all of the following criteria:
   (1) The examinee qualifies as a homeless child or youth, as
defined in paragraph (2) of Section 725 of the federal McKinney-Vento
Homeless Assistance Act (42 U.S.C. Sec. 11434a(2)), or as a foster
youth, as defined in subdivision (f).
   (2) The examinee has not attained 25 years of age as of the date
of the scheduled examination.
   (3) For an examinee who qualifies as a homeless child or youth
pursuant to paragraph (1), the examinee can verify his or her status
as a homeless child or youth. A homeless services provider that has
knowledge of the examinee's housing status may verify the examinee's
status for purposes of this paragraph.
   (b) For purposes of this section, a "homeless services provider"
includes either of the following:
   (1) A homeless services provider listed in paragraph (3) of
subdivision (d) of Section 103577 of the Health and Safety Code.
   (2) Any other person or entity that is qualified to verify an
individual's housing status, as determined by the department.
   (c) Additional state funds shall not be appropriated for purposes
of implementing this section.
   (d) The Superintendent shall adopt emergency regulations, as
necessary, to implement this section. The adoption of these
regulations shall be deemed to be an emergency and necessary for the
immediate preservation of the public peace, health, and safety, or
general welfare.
   (e) The department shall include a provision in all memorandums of
understanding with contractors for purposes of providing a high
school equivalency test, that if the surplus funds in the Special
Deposit Fund Account are depleted, the ongoing costs of a fee waiver
for an examinee deemed eligible for a waiver pursuant to this section
shall be absorbed by the contractor.
   (f) For purposes of this section, a "foster youth" means any
individual who meets or has ever met one of the following criteria:
   (1) A child who was the subject of a petition filed pursuant to
Section 300 of the Welfare and Institutions Code and removed from his
or her home by the juvenile court pursuant to Section 319 or 361 of
the Welfare and Institutions Code.
   (2) A child who was the subject of a petition filed pursuant to
Section 602 of the Welfare and Institutions Code and removed from his
or her home by the juvenile court pursuant to Section 727 of the
Welfare and Institutions Code.
   (g) This section shall become operative on July 1, 2019.