Existing law provides that if a pupil completes the statewide coursework requirements for graduation while attending a juvenile court school, a county office of education is required to issue to the pupil a diploma of graduation and shall not require the pupil to complete coursework or other requirements that are in addition to the statewide coursework requirements.

This bill would, notwithstanding the above requirement, permit the pupil, upon agreement between the county office of education and the pupil or the person holding the right to make educational decisions for the pupil, to take coursework or other requirements adopted by the governing board of the county office of education, and to defer the granting of the diploma until the pupil is released from the juvenile detention facility. The bill would, upon the release from a juvenile detention facility of a pupil who is entitled to a diploma, permit the pupil or person holding the right to make educational decisions for the pupil to elect to decline the issuance of the diploma for the purpose of enrolling the pupil in a school operated by a local educational agency or charter school to take additional coursework, as specified. The bill would require the county office of education, when a juvenile court school pupil becomes entitled to a diploma, to notify the pupil, the person holding the right to make educational decisions for the pupil, and the pupils social worker or probation officer of specified information, including, among other things, the pupils or the education rights holders, as applicable, option to allow the pupil to defer or decline the diploma and take additional coursework. The bill would authorize the filing of a complaint of noncompliance with these provisions to be filed with the local educational agency under the Uniform Complaint Procedures set forth in the California Code of Regulations. The bill would require, if a local educational agency finds merit in a complaint or if the Superintendent of Public Instruction finds merit in an appeal, the local educational agency to provide a remedy to the affected pupil. The bill would also require information regarding the requirements of these provisions to be included in a specified annual notification. To the extent the bill imposes new 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 the statutory provisions noted above.

Existing law provides that if a pupil completes the statewide coursework requirements for graduation while attending a juvenile court school, a county office of education is required to issue to the pupil a diploma of graduation and shall not require the pupil to complete coursework or other requirements that are in addition to the statewide coursework requirements.

This bill would, notwithstanding the above requirement, permit the pupil, upon agreement between the county office of education and the pupil or the person holding the right to make educational decisions for the pupil, to take coursework or other requirements adopted by the governing board of the county office of education, and to defer the granting of the diploma until the pupil is released from the juvenile detention facility. The bill would, upon the release from a juvenile detention facility of a pupil who is entitled to a diploma, permit the pupil or person holding the right to make educational decisions for the pupil to elect to decline the issuance of the diploma for the purpose of enrolling the pupil in a school operated by a local educational agency or charter school to take additional coursework, as specified. The bill would require the county office of education, when a juvenile court school pupil becomes entitled to a diploma, to notify the pupil, the person holding the right to make educational decisions for the pupil, and the pupils social worker or probation officer of specified information, including, among other things, the pupils or the education rights holders, as applicable, option to allow the pupil to defer or decline the diploma and take additional coursework. The bill would authorize the filing of a complaint of noncompliance with these provisions to be filed with the local educational agency under the Uniform Complaint Procedures set forth in the California Code of Regulations. The bill would require, if a local educational agency finds merit in a complaint or if the Superintendent of Public Instruction finds merit in an appeal, the local educational agency to provide a remedy to the affected pupil. The bill would also require information regarding the requirements of these provisions to be included in a specified annual notification. To the extent the bill imposes new 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 the statutory provisions noted above.

Existing law provides that if a pupil completes the statewide coursework requirements for graduation while attending a juvenile court school, a county office of education is required to issue to the pupil a diploma of graduation and shall not require the pupil to complete coursework or other requirements that are in addition to the statewide coursework requirements.

This bill would, notwithstanding the above requirement, permit the pupil, upon agreement between the county office of education and the pupil or the person holding the right to make educational decisions for the pupil, to take coursework or other requirements adopted by the governing board of the county office of education, and to defer the granting of the diploma until the pupil is released from the juvenile detention facility. The bill would, upon the release from a juvenile detention facility of a pupil who is entitled to a diploma, permit the pupil or person holding the right to make educational decisions for the pupil to elect to decline the issuance of the diploma for the purpose of enrolling the pupil in a school operated by a local educational agency or charter school to take additional coursework, as specified. The bill would require the county office of education, when a juvenile court school pupil becomes entitled to a diploma, to notify the pupil, the person holding the right to make educational decisions for the pupil, and the pupils social worker or probation officer of specified information, including, among other things, the pupils or the education rights holders, as applicable, option to allow the pupil to defer or decline the diploma and take additional coursework. The bill would authorize the filing of a complaint of noncompliance with these provisions to be filed with the local educational agency under the Uniform Complaint Procedures set forth in the California Code of Regulations. The bill would require, if a local educational agency finds merit in a complaint or if the Superintendent of Public Instruction finds merit in an appeal, the local educational agency to provide a remedy to the affected pupil. The bill would also require information regarding the requirements of these provisions to be included in a specified annual notification. To the extent the bill imposes new 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 the statutory provisions noted above.

Existing law provides that if a pupil completes the statewide coursework requirements for graduation while attending a juvenile court school, a county office of education is required to issue to the pupil a diploma of graduation and shall not require the pupil to complete coursework or other requirements that are in addition to the statewide coursework requirements.

This bill would, notwithstanding the above requirement, permit the pupil, 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 between the county office of education and the pupil or the person holding the right to make educational decisions for the pupil, to take coursework or other requirements adopted by the governing board of the county office of education, and to defer the granting of the diploma until the pupil is released from the juvenile detention facility. The bill would, upon the release from a juvenile detention facility of a pupil who is entitled to a diploma, permit the pupil, if the pupil is 18 years of age or older, or, if the pupil is under 18 years of age, the pupil or person holding the right to make educational decisions for the pupil, pupil to elect to decline the issuance of the diploma for the purpose of enrolling the pupil in a school operated by a local educational agency or charter school to take additional coursework, as specified. The bill would require the county office of education, when a juvenile court school pupil becomes entitled to a diploma, to notify the pupil, the person holding the right to make educational decisions for the pupil, and the pupils social worker or probation officer of specified information, including, among other things, the pupils or the education rights holders, as applicable, option to allow the pupil to defer or decline the diploma and take additional coursework. The bill would authorize the filing of a complaint of noncompliance with these provisions to be filed with the local educational agency under the Uniform Complaint Procedures set forth in the California Code of Regulations. The bill would require, if a local educational agency finds merit in a complaint or if the Superintendent of Public Instruction finds merit in an appeal, the local educational agency to provide a remedy to the affected pupil. The bill would also require information regarding the requirements of these provisions to be included in a specified annual notification. To the extent the bill imposes new 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 the statutory provisions noted above.

Existing law provides that if a pupil completes the statewide coursework requirements for graduation while attending a juvenile court school, a county office of education is required to issue to the pupil a diploma of graduation and shall not require the pupil to complete coursework or other requirements that are in addition to the statewide coursework requirements.

This bill would specify that the county office of education shall issue the diploma of graduation following a review of the pupils education records and determination pursuant to specified provisions. would, notwithstanding the above requirement, permit the pupil, 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, to take coursework or other requirements adopted by the governing board of the county office of education, and to defer the granting of the diploma until the pupil is released from the juvenile detention facility. The bill would, upon the release from a juvenile detention facility of a pupil who is entitled to a diploma, permit the pupil, if the pupil is 18 years of age or older, or, if the pupil is under 18 years of age, the person holding the right to make educational decisions for the pupil, to elect to decline the issuance of the diploma for the purpose of enrolling the pupil in a school operated by a local educational agency or charter school to take additional coursework, as specified. The bill would require the county office of education, when a juvenile court school pupil becomes entitled to a diploma, to notify the pupil, the person holding the right to make educational decisions for the pupil, and the pupils social worker or probation officer of specified information, including, among other things, the pupils or the education rights holders, as applicable, option to allow the pupil to defer or decline the diploma and take additional coursework. The bill would authorize the filing of a complaint of noncompliance with these provisions to be filed with the local educational agency under the Uniform Complaint Procedures set forth in the California Code of Regulations. The bill would require, if a local educational agency finds merit in a complaint or the Superintendent of Public Instruction finds merit in an appeal, the local educational agency to provide a remedy to the affected pupil. The bill would also require information regarding the requirements of these provisions to be included in a specified annual notification. To the extent the bill imposes new 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 the statutory provisions noted above.

Existing law provides that if a pupil completes the statewide coursework requirements for graduation while attending a juvenile court school, a county office of education is required to issue to the pupil a diploma of graduation and shall not require the pupil to complete coursework or other requirements that are in addition to the statewide coursework requirements.

This bill would specify that the county office of education shall issue the diploma of graduation following a review of the pupils education records and determination pursuant to specified provisions. To the extent the bill imposes new 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 the statutory provisions noted above.

CONCURRENCE IN SENATE AMENDMENTS

CSA1 Bill Id:AB 1124

Author:(Cervantes)

As Amended Ver:September 1, 2017

Majority vote

Original Committee Reference: ED.

SUMMARY: Permits the education rights holders of students enrolled in juvenile court schools to voluntarily defer or decline the issuance of a diploma for meeting state graduation requirements so that a student may take additional coursework at the juvenile court school or, once released, at a school operated by a local educational agency.

The Senate amendments:

1. Require the county office of education to advise a student, if the student is 18 years of age or older, or the person holding the right to make educational decisions for the student, when deciding whether to elect to decline the issuance of a diploma upon leaving the juvenile detention facility, whether the pupil is highly likely to enroll in a school operated by a local educational agency or charter school, benefit from continued instruction, graduate from high school.
2. Delete a statement of Legislative intent that the election to decline the issuance of a diploma occur only for students in juvenile court schools who are highly likely to enroll in a school operated by a local educational agency or charter school, benefit from continued instruction, and graduate from high school.

FISCAL EFFECT: According to the Senate Appropriations Committee:

1. By allowing students to defer graduation and continue to attend school and take additional coursework, this bill could result in an unknown increase in average daily attendance costs. The exact amount will depend on the number of students that utilize this option as the counties would need to determine which students would benefit from additional instruction. Assuming just one to two percent of the eligible student population, the cost could be in the low hundreds of thousands per year in Proposition 98 General Fund. For the 2015-16 school year, there were over 700 students that graduated from juvenile court schools.
2. Unknown state reimbursable mandated costs for juvenile court schools and county offices of education to comply with the bill's requirements. Potential reimbursable activities include those stemming from the bill's requirement for county offices to make notifications and provide individualized information in making a determination regarding a student's ability to benefit from additional coursework and admission to a postsecondary educational institution or transfer to a community college. There can also be an expansion in the Uniform Complaints Process mandate that may result in additional Proposition 98 General Fund costs or pressure for the state to increase the State Mandates Block Grant.
3. Likely minor and absorbable costs to the California Department of Education to process appeals filed by complainants regarding decisions made by local educational agencies.

COMMENTS:

Striking the right balance between the best chance for graduation and ensuring educational opportunity. According to the author, some juvenile court school students who meet state graduation requirements (and under current law must be granted a diploma) have time left to serve in juvenile detention facilities, during which they could be attending school and completing additional graduation or A-G requirements. However, once they have been issued a diploma they are not eligible for further instruction.

The author also notes that, under current law, students who are 16 or 17 years of age and who are issued diplomas in juvenile court schools become ineligible to return to their home schools as they will have already graduated from high school. These students might benefit from continued instruction in high school, including the opportunity to learn additional content and skills, fulfill higher education admissions requirements, and pursue career pathways.

But for some students, is juvenile court school the last, best chance to earn a diploma? Research has documented problems with juvenile court school students not returning to school district programs, high dropout rates, and low graduation rates:

1. A report by the CDE that only 21% of juvenile court school students were enrolled at their local school within 30 days after being released.
2. A 2016 report published by the Youth Law Center found that many students do not re-enroll in school after leaving a juvenile court school. The report notes that in the 2013-2014 school year, juvenile court schools students had a dropout rate of 38%, compared to the statewide adjusted dropout rate of 12%.
3. A 2013 analysis of the National Bureau for Economic Research found that, compared to students who were charged with a crime but not incarcerated, juvenile incarceration is estimated to decrease the chances of high school graduation by 13 percentage points and increase the chances of adult incarceration by 22 percentage points.

This bill strikes a balance between ensuring that students in juvenile court schools receive diplomas and ensuring that they are able to take full advantage of the educational opportunities provided to all other students. This bill has been crafted to allow for individualized decision-making for juvenile court school students, to meet their varying educational needs.

Analysis Prepared by: Tanya Lieberman / ED. / (916) 319-2087 FN: 0001792

 THIRD READING  

Bill No: AB 1124

Author:

:

Vote:

SENATE EDUCATION COMMITTEE: 6-0, 6/21/17

AYES: Allen, Galgiani, Leyva, Mendoza, Pan, Vidak

NO VOTE RECORDED: Wilk

SENATE APPROPRIATIONS COMMITTEE: 7-0, 9/1/17

AYES: Lara, Bates, Beall, Bradford, Hill, Nielsen, Wiener

ASSEMBLY FLOOR: 75-0, 5/11/17 - See last page for vote

SUBJECT:

SOURCE: Orange County Department of Education

Riverside County Superintendent of Schools

DIGEST:

This bill authorizes the education rights holder of a student in a juvenile court school to voluntarily defer the issuance of a high school diploma so that a student may take additional coursework beyond the minimum state requirements for high school graduation.

ANALYSIS:

Existing law:

1. Requires the county board of education to adopt and enforce the adopted course of study, authorizes the county board to adopt and enforce a course of study that enhances instruction in mathematics and English language arts for student attending juvenile court schools, and states legislative intent that students in juvenile court schools have a rigorous curriculum that includes a course of study preparing them for high school graduation and career entry and fulfilling the requirements for admission to the University of California and the California State University. (Education Code § 48645.3)
   
2. Requires a county office of education to issue a diploma of graduation to a student who completes the statewide coursework requirements for graduation while attending a juvenile court school, and prohibits the county office of education from requiring the student to complete coursework or other requirements that are in addition to the statewide coursework requirements.
   (EC § 48645.5)
   
3. Requires, if a student completes the graduation requirements of his or her school district of residence while being detained, the school district of residence to issue to the student a diploma from the school the student last attended before detention or, in the alternative, the county superintendent of schools may issue the diploma. (EC § 48645.5)
   
4. Requires a school district to exempt a student who transfers from a juvenile court school any time after completion of grade 10 from local graduation requirements that are in addition to the coursework required by the state, unless the school district makes a finding that the student is reasonably able to complete the additional coursework in time to graduate from high school by the end of the student’s fourth year of high school. (EC § 51225.1)
   
5. Requires local educational agencies to issue a diploma to any person who, beginning with the 2003-04 school year, completed grade 12 and met all other requirements to graduate from high school other than passing the high school exit exam. (EC § 60851.6)

This bill authorizes the education rights holder of a student in a juvenile court school to voluntarily defer the issuance of a high school diploma so that a student may take additional coursework beyond the minimum state requirements for high school graduation. Specifically, this bill:

1. Requires that, when a juvenile court school student becomes entitled to a diploma for meeting state graduation requirements, the county office of education notify the student, the person holding the right to make educational decisions for the student, and the student's social worker or probation officer of all of the following:
   
   1. The student's right to a diploma.
      
   2. How taking coursework and other requirements adopted by the governing board of the county office of education or continuing education upon release from the juvenile detention facility will affect the student's ability to gain admission to a postsecondary educational institution.
      
   3. Information about transfer opportunities available through the California Community Colleges.
      
   4. The student's or the education rights holder's option to allow the student to defer or decline the diploma and take additional coursework.
      
2. Provides that, if the county office of education fails to provide timely notice that a student is eligible for a diploma, he or she is eligible once notified, even if that notification occurs after termination of the court's jurisdiction over the student.
   
3. Requires, if a county office of education makes a finding that a juvenile court school student who is entitled to a diploma could benefit from the coursework and other requirements, the county office to do both of the following:
   
   1. Inform the student of his or her option to take coursework and other requirements adopted by the county office of education.
      
   2. Permit the student if over the age of 18 years or the education rights holder if under the age of 18 years to defer the granting of the diploma until the student is released from the juvenile detention facility to enable the student to take coursework or meet other requirements of the county office of education.
      
4. Authorizes the student if over the age of 18 years or the education rights holder if under the age of 18 years, upon the release from a juvenile detention facility, to elect to decline the issuance of the diploma for the purpose of enrolling the student in a school operated by a local educational agency (LEA) or charter school to take additional coursework.
   
5. Requires the county office of education to advise the student (if age of 18 years or older) or the person holding the right to make educational decisions for the student (if under age of 18 years) to consider, when deciding whether to elect to decline the diploma, whether the student is highly likely to do all of the following:
   
   1. Enroll in a school operated by a LEA or charter school.
      
   2. Benefit from continued instruction.
      
   3. Graduate from high school.
      
6. Requires a county office of education to grant a diploma if requested by the student or the education rights holder if the student is not granted a diploma or has previously deferred or declined a diploma.
   
7. Prohibits county offices of education from revoking a student's eligibility for a diploma, and states that a student remains entitled to a diploma after the termination of the court's jurisdiction over the student.
   
8. Authorizes a complaint of noncompliance with the provisions of this bill to be filed with the LEA under the Uniform Complaint Procedures, authorizes a complainant to appeal the decision of the LEA to the California Department of Education (CDE), and requires the LEA to provide a remedy to the affected student if the LEA or Superintendent of Public Instruction funds merit in an appeal.
   
9. Requires information regarding the requirements of this bill to be included in the existing annual notification distributed to, among others, students, parents, employees, and other interested parties.

Comments

1. Meet minimum graduation requirements or continue with additional coursework? Existing law requires a county office of education to issue a diploma of graduation to a student who completes the statewide coursework requirements for graduation while attending a juvenile court school, and prohibits the county office of education from requiring the student to complete coursework or other requirements that are in addition to the statewide coursework requirements.
   

Existing law requires a school district to exempt a student who transfers from a juvenile court school any time after completion of grade 10 from local graduation requirements that are in addition to the coursework required by the state, unless the school district makes a finding that the student is reasonably able to complete the additional coursework in time to graduate from high school by the end of the student’s fourth year of high school. Students who are enrolled in a juvenile court school are not exempt from locally imposed graduation requirements that exceed state requirements (if the county office of education that operates the juvenile court school requires coursework beyond the state graduation requirements). Students who are issued diplomas in juvenile court schools become ineligible to return to their school district of residence, as they have already graduated from high school.

This bill strikes a balance between ensuring that students in juvenile court schools receive diplomas and ensuring that they are able to take full advantage of the educational opportunities provided to all other students. This bill allows for individualized decision-making for juvenile court school students to meet their varying educational needs, and is based upon existing statute relative to foster youth, homeless youth, and former juvenile court school students.

1. No age or time limit. This bill requires a county office of education, when a juvenile court school student becomes entitled to a diploma for meeting state graduation requirements, to notify the student of the student's right to a diploma and requires a county office of education to grant a diploma if requested by the student or the education rights holder. This bill does not impose an age or time limit; a person could seek their diploma several years after transferring from a juvenile court school. This policy is consistent with existing law that requires local educational agencies to issue a diploma to any person who, beginning with the 2003-04 school year, met all other requirements to graduate from high school other than passing the high school exit exam.
   
2. Uniform Complaint Procedures. This bill authorizes a complaint of noncompliance with the provisions of this bill to be filed with the LEA under the Uniform Complaint Procedures (UCP), authorizes a complainant to appeal the decision of the LEA to the CDE, and requires the LEA to provide a remedy to the affected student if the LEA or Superintendent of Public Instruction funds merit in an appeal.
   
   A state audit was recently completed and released on January 31, 2017. The audit found that CDE’s oversight of the UCP process is inadequate. The audit made several recommendations, including the suggestion that the Legislature codify UCP regulations to identify and ensure consistent time frames for the CDE to complete all investigations of complaints and reviews of appeals, and allow LEAs to extend investigations without agreement by the complainant under exceptional circumstances and within reason. [http://www.bsa.ca.gov/pdfs/reports/2016-109.pdf]

Recently developed supplemental report language states the following:

The Superintendent of Public Instruction shall report to the Legislature no later than November 30, 2017, with recommendations for any legislative changes to the Uniform Complaint Procedures (UCP) process on timeframes for completion of investigations and reviews of appeals. The required report shall also include an update on the Department of Education’s efforts to centralize tracking of UCP complaints and appeals and to streamline UCP processes across divisions.

FISCAL EFFECT: Appropriation: Fiscal Com.: Local:

According to the Senate Appropriations Committee:

1. By allowing students to defer graduation and continue to attend school and take additional coursework, this bill could result in an unknown increase in average daily attendance costs. The exact amount will depend on the number of students that utilize this option as the counties would need to determine which students would benefit from additional instruction. Assuming just one to two percent of the eligible student population, the cost could be in the low hundreds of thousands per year in Proposition 98 General Fund. For the 2015-16 school year, there were over 700 students that graduated from juvenile court schools.
2. Unknown state reimbursable mandated costs for juvenile court schools and county offices of education to comply with the bill’s requirements. Potential reimbursable activities include those stemming from the bill’s requirement for county offices to make notifications and provide individualized information in making a determination regarding a student’s ability to benefit from additional coursework and admission to a postsecondary educational institution or transfer to a community college. There can also be an expansion in the UCP mandate that may result in additional Proposition 98 General Fund costs or pressure for the state to increase the State Mandates Block Grant.
3. Likely minor and absorbable costs to CDE to process appeals filed by complaints regarding decisions made by LEAs.

SUPPORT: (Verified 9/1/17)

Orange County Department of Education (co-source)

Riverside County Superintendent of Schools (co-source)

Association of California School Administrators

California School Boards Association

Los Angeles County Office of Education

Small School Districts Association

OPPOSITION: (Verified 9/1/17)

None received

ASSEMBLY FLOOR: 75-0, 5/11/17

AYES: Acosta, Aguiar-Curry, Travis Allen, Arambula, Baker, Berman, Bigelow, Bloom, Bocanegra, Bonta, Brough, Burke, Caballero, Calderon, Cervantes, Chau, Chávez, Chiu, Choi, Chu, Cooley, Cooper, Cunningham, Dababneh, Daly, Flora, Fong, Frazier, Friedman, Gallagher, Cristina Garcia, Eduardo Garcia, Gipson, Gloria, Gomez, Gonzalez Fletcher, Gray, Grayson, Harper, Holden, Irwin, Jones-Sawyer, Kalra, Kiley, Lackey, Levine, Limón, Low, Maienschein, Mathis, Mayes, McCarty, Medina, Melendez, Mullin, Muratsuchi, Nazarian, Obernolte, Quirk, Quirk-Silva, Reyes, Ridley-Thomas, Rodriguez, Rubio, Salas, Santiago, Steinorth, Mark Stone, Thurmond, Ting, Voepel, Waldron, Weber, Wood, Rendon

NO VOTE RECORDED: Chen, Dahle, Eggman, O'Donnell, Patterson

Prepared by:

9/5/17 9:41:35

**** END ****

SENATE COMMITTEE ON APPROPRIATIONS

Senator Ricardo Lara, Chair

2017 - 2018 Regular Session

AB 1124 (Cervantes) - Juvenile court school pupils: graduation requirements and continued education options

Bill Summary:

This bill allows a student in a juvenile court school to voluntarily defer the issuance of a high school diploma so that he or she may take additional coursework beyond the minimum state requirements for high school graduation.

*********** ANALYSIS ADDENDUM – SUSPENSE FILE ***********

The following information is revised to reflect amendments

adopted by the committee on September 1, 2017

Fiscal Impact:

• By allowing students to defer graduation and continue to attend school and take additional coursework, this bill could result in an unknown increase in ADA costs. The exact amount will depend on the number of students that utilize this option as the counties would need to determine which students would benefit from additional instruction. Assuming just one to two percent of the eligible student population, the cost could be in the low hundreds of thousands per year in Proposition 98 General Fund. For the 2015-16 school year, there were over 700 students that graduated from juvenile court schools.
• Unknown state reimbursable mandated costs for juvenile court schools and county offices of education to comply with the bill’s requirements. Potential reimbursable activities include those stemming from the bill’s requirement for county offices to make notifications and provide individualized information in making a determination regarding a student’s ability to benefit from additional coursework and admission to a postsecondary educational institution or transfer to a community college. There can also be an expansion in the Uniform Complaints Process mandate that may result in additional Proposition 98 General Fund costs or pressure for the state to increase the State Mandates Block Grant.
• Likely minor and absorbable costs to the California Department of Education to process appeals filed by complainants regarding decisions made by local educational agencies.

Author Amendments:

Provide that county offices of education shall advise the students if they are likely to benefit from additional coursework, rather than allowing the student or the education rights holder of that student to make the determination.

-- END --

SENATE COMMITTEE ON

Senator Ricardo Lara, Chair

2017 - 2018 Regular Session

AB 1124 (Cervantes) - Juvenile court school pupils: graduation requirements and continued education options

This bill meets the criteria for referral to the Suspense File.

Bill Summary:

This bill authorizes a student or the education rights holder of that student in a juvenile court school to voluntarily defer the issuance of a high school diploma so that he or she may take additional coursework beyond the minimum state requirements for high school graduation.

Fiscal Impact:

• By allowing students to defer graduation and continue to attend school and take additional coursework, this bill could result in an unknown increase in ADA costs for juvenile court schools. The exact amount will depend on the number of students that utilize this option as the counties would need to determine which students would benefit from additional instruction. Assuming just one to two percent of the eligible student population, the cost could be in the low hundreds of thousands per year in Proposition 98 General Fund. For the 2015-16 school year, there were over 700 students that graduated from juvenile court schools.
• Unknown state reimbursable mandated costs for juvenile court schools and county offices of education to comply with the bill’s requirements. Potential reimbursable activities include those stemming from the bill’s requirement for county offices to make notifications and provide individualized information in making a determination regarding a student’s ability to benefit from additional coursework and admission to a postsecondary educational institution or transfer to a community college. There can also be an expansion in the Uniform Complaints Process mandate that may result in additional Proposition 98 General Fund costs or pressure for the state to increase the State Mandates Block Grant.
• Likely minor and absorbable costs to the California Department of Education to process appeals filed by complainants regarding decisions made by local educational agencies (LEAs).

Background:

Existing law requires a county office of education to issue a diploma of graduation to a student who completes the statewide coursework requirements for graduation while attending a juvenile court school, and prohibits the county office of education from requiring the student to complete coursework or other requirements that are in addition to the statewide coursework requirements. It also requires, if a student completes the graduation requirements of his or her school district of residence while being detained, the school district of residence to issue to the student a diploma from the school the student last attended before detention or, in the alternative, the county superintendent of schools may issue the diploma.

Further, existing law requires a school district to exempt a student who transfers from a juvenile court school any time after completion of grade 10 from local graduation requirements that are in addition to the coursework required by the State, unless the school district makes a finding that the student is reasonably able to complete the additional coursework in time to graduate from high school by the end of the student’s fourth year of high school.

Proposed Law:

This bill requires that, when a juvenile court school student becomes entitled to a diploma for meeting state graduation requirements, the county office of education notify the student, the person holding the right to make educational decisions for the student, and the student's social worker or probation officer of all of the following:

1. The student's right to a diploma.
2. How taking coursework and other requirements adopted by the governing board of the county office of education or continuing education upon release from the juvenile detention facility will affect the student's ability to gain admission to a postsecondary educational institution.
3. Information about transfer opportunities available through the California Community Colleges.
4. The student's or the education rights holder's option to allow the student to defer or decline the diploma and take additional coursework.
   

This bill provides that, if the county office of education fails to provide timely notice that a student is eligible for a diploma, he or she is eligible once notified, even if that notification occurs after termination of the court's jurisdiction over the student. It also requires, if a county office of education makes a finding that a juvenile court school student who is entitled to a diploma could benefit from the coursework and other requirements, the county office to do both of the following: inform the student of his or her option to take coursework and other requirements adopted by the county office of education; and permit the student if over the age of 18 years or the education rights holder if under the age of 18 years to defer the granting of the diploma until the student is released from the juvenile detention facility to enable the student to take coursework or meet other requirements of the county office of education.

This bill authorizes the student if over the age of 18 years or the education rights holder if under the age of 18 years, upon the release from a juvenile detention facility, to elect to decline the issuance of the diploma for the purpose of enrolling the student in a school operated by an LEA or charter school to take additional coursework. This election shall occur only for students who, in the view of the student or education rights holder, are highly likely to enroll in a school operated by a LEA or charter school, benefit from continued instruction, and graduate from high school.

Further, this bill requires a county office of education to grant a diploma if requested by the student or the education rights holder if the student is not granted a diploma or has previously deferred or declined a diploma. It also prohibits county offices of education from revoking a student's eligibility for a diploma, and states that a student remains entitled to a diploma after the termination of the court's jurisdiction over the student.

This bill authorizes a complaint of noncompliance with the provisions of this bill to be filed with the LEA under the Uniform Complaint Procedures, authorizes a complainant to appeal the decision of the LEA to the California Department of Education, and requires the LEA to provide a remedy to the affected student if the LEA or Superintendent of Public Instruction funds merit in an appeal.

Finally, this bill requires information regarding the requirements of this bill to be included in the existing annual notification distributed to, among others, students, parents, employees, and other interested parties.

-- END --

SENATE COMMITTEE ON EDUCATION

Senator Benjamin Allen, Chair

2017 - 2018 Regular

Bill No: AB 1124 Hearing Date: June 21, 2017

Subject: Juvenile court school pupils: graduation requirements and continued education options

SUMMARY

This bill authorizes the education rights holder of a student in a juvenile court school to voluntarily defer the issuance of a high school diploma so that a student may take additional coursework beyond the minimum state requirements for high school graduation.

BACKGROUND

Existing law:

1. Requires the county board of education to adopt and enforce the adopted course of study, authorizes the county board to adopt and enforce a course of study that enhances instruction in mathematics and English language arts for student attending juvenile court schools, and states legislative intent that students in juvenile court schools have a rigorous curriculum that includes a course of study preparing them for high school graduation and career entry and fulfilling the requirements for admission to the University of California and the California State University. (Education Code § 48645.3)
   
2. Requires a county office of education to issue a diploma of graduation to a student who completes the statewide coursework requirements for graduation while attending a juvenile court school, and prohibits the county office of education from requiring the student to complete coursework or other requirements that are in addition to the statewide coursework requirements.
   (EC § 48645.5)
   
3. Requires, if a student completes the graduation requirements of his or her school district of residence while being detained, the school district of residence to issue to the student a diploma from the school the student last attended before detention or, in the alternative, the county superintendent of schools may issue the diploma. (EC § 48645.5)
   
4. Requires a school district to exempt a student who transfers from a juvenile court school any time after completion of grade 10 from local graduation requirements that are in addition to the coursework required by the State, unless the school district makes a finding that the student is reasonably able to complete the additional coursework in time to graduate from high school by the end of the student’s fourth year of high school. (EC § 51225.1)
   
5. Requires local educational agencies to issue a diploma to any person who, beginning with the 2003-04 school year, completed grade 12 and met all other requirements to graduate from high school other than passing the high school exit exam. (EC § 60851.6)

ANALYSIS

This bill authorizes the education rights holder of a student in a juvenile court school to voluntarily defer the issuance of a high school diploma so that a student may take additional coursework beyond the minimum state requirements for high school graduation. Specifically, this bill:

1. Requires that, when a juvenile court school student becomes entitled to a diploma for meeting state graduation requirements, the county office of education notify the student, the person holding the right to make educational decisions for the student, and the student's social worker or probation officer of all of the following:
   
   1. The student's right to a diploma.
      
   2. How taking coursework and other requirements adopted by the governing board of the county office of education or continuing education upon release from the juvenile detention facility will affect the student's ability to gain admission to a postsecondary educational institution.
      
   3. Information about transfer opportunities available through the California Community Colleges.
      
   4. The student's or the education rights holder's option to allow the student to defer or decline the diploma and take additional coursework.
      
2. Provides that, if the county office of education fails to provide timely notice that a student is eligible for a diploma, he or she is eligible once notified, even if that notification occurs after termination of the court's jurisdiction over the student.
   
3. Requires, if a county office of education makes a finding that a juvenile court school student who is entitled to a diploma could benefit from the coursework and other requirements, the county office to do both of the following:
   
   1. Inform the student of his or her option to take coursework and other requirements adopted by the county office of education.
      
   2. Permit the student if over the age of 18 years or the education rights holder if under the age of 18 years to defer the granting of the diploma until the student is released from the juvenile detention facility to enable the student to take coursework or meet other requirements of the county office of education.
      
4. Authorizes the student if over the age of 18 years or the education rights holder if under the age of 18 years, upon the release from a juvenile detention facility, to elect to decline the issuance of the diploma for the purpose of enrolling the student in a school operated by a local educational agency (LEA) or charter school to take additional coursework.
   
5. States the intent of the Legislature that # four occur only for students who, in the view of the student or education rights holder, are highly likely to do all of the following:
   
   1. Enroll in a school operated by a LEA or charter school.
      
   2. Benefit from continued instruction.
      
   3. Graduate from high school.
      
6. Requires a county office of education to grant a diploma if requested by the student or the education rights holder if the student is not granted a diploma or has previously deferred or declined a diploma.
   
7. Prohibits county offices of education from revoking a student's eligibility for a diploma, and states that a student remains entitled to a diploma after the termination of the court's jurisdiction over the student.
   
8. Authorizes a complaint of noncompliance with the provisions of this bill to be filed with the LEA under the Uniform Complaint Procedures, authorizes a complainant to appeal the decision of the LEA to the California Department of Education, and requires the LEA to provide a remedy to the affected student if the LEA or Superintendent of Public Instruction funds merit in an appeal.
   
9. Requires information regarding the requirements of this bill to be included in the existing annual notification distributed to, among others, students, parents, employees, and other interested parties.
   
   STAFF COMMENTS
10. Need for the bill. According to the author’s office, “The statutory provisions for pupils in juvenile court schools do not allow for consideration of an individual pupil’s situation and whether the pupil is reasonably able to complete the additional local or county high school graduation requirements. This consideration is available for other students. In addition, county offices of education are prohibited from requiring the pupil who meets state minimum graduation requirements to complete additional coursework or other local graduation requirements. But many juvenile court schools have additional local requirements for high school graduation that are intended to better prepare pupils for success in postsecondary education and career opportunities. Some of these pupils may have time left in juvenile court facilities during which they could be attending school and completing the county office of education graduation requirements.”
    
11. Meet minimum graduation requirements or continue with additional coursework? Existing law requires a county office of education to issue a diploma of graduation to a student who completes the statewide coursework requirements for graduation while attending a juvenile court school, and prohibits the county office of education from requiring the student to complete coursework or other requirements that are in addition to the statewide coursework requirements.
    
    Existing law requires a school district to exempt a student who transfers from a juvenile court school any time after completion of grade 10 from local graduation requirements that are in addition to the coursework required by the state, unless the school district makes a finding that the student is reasonably able to complete the additional coursework in time to graduate from high school by the end of the student’s fourth year of high school. Students who are enrolled in a juvenile court school are not exempt from locally imposed graduation requirements that exceed state requirements (if the county office of education that operates the juvenile court school requires coursework beyond the state graduation requirements). Students who are issued diplomas in juvenile court schools become ineligible to return to their school district of residence, as they have already graduated from high school.
    
    This bill strikes a balance between ensuring that students in juvenile court schools receive diplomas and ensuring that they are able to take full advantage of the educational opportunities provided to all other students. This bill allows for individualized decision-making for juvenile court school students to meet their varying educational needs, and is based upon existing statute relative to foster youth, homeless youth, and former juvenile court school students.
    
12. Decision to forgo a diploma to continue with additional coursework. This bill permits a student who is over the age of 18 years, or the education rights holder if the students under the age of 18 years, to defer the granting of a diploma until the student is released from the juvenile detention facility to enable the student to take coursework or meet other requirements of the county office of education. This bill allows the decision about whether to forgo a diploma upon meeting the minimum state graduation requirements to be based on the individual needs and situation of the student. This bill states legislative intent that the decision to forgo a diploma be based on the belief of the student or education rights holder that the student is highly likely to enroll in a comprehensive school, benefit from continued instruction, and graduate from high school. The author wishes to amend this bill to strike reference to intent, thereby requiring that a student or education rights holder is to base the decision to forgo a diploma on those factors.
    
13. No age or time limit. This bill requires a county office of education to issue a diploma to a former juvenile court school student who met the state graduation requirements while attending a juvenile court school. This bill does not impose an age or time limit; a person could seek their diploma several years after transferring from a juvenile court school. This policy is consistent with existing law that requires local educational agencies to issue a diploma to any person who, beginning with the 2003-04 school year, met all other requirements to graduate from high school other than passing the high school exit exam.
    
14. Uniform Complaint Procedures. This bill authorizes a complaint of noncompliance with the provisions of this bill to be filed with the local educational agency (LEA) under the Uniform Complaint Procedures (UCP), authorizes a complainant to appeal the decision of the LEA to the California Department of Education, and requires the LEA to provide a remedy to the affected student if the LEA or Superintendent of Public Instruction funds merit in an appeal.
    
    A state audit was recently completed and released on January 31, 2017. The audit found that the California Department of Education’s (CDE) oversight of the UCP process is inadequate. The audit made several recommendations, including the suggestion that the Legislature codify UCP regulations to identify and ensure consistent time frames for the CDE to complete all investigations of complaints and reviews of appeals, and allow LEAs to extend investigations without agreement by the complainant under exceptional circumstances and within reason. http://www.bsa.ca.gov/pdfs/reports/2016-109.pdf

Recently developed supplemental report language states the following:

The Superintendent of Public Instruction shall report to the Legislature no later than November 30, 2017, with recommendations for any legislative changes to the Uniform Complaint Procedures (UCP) process on timeframes for completion of investigations and reviews of appeals. The required report shall also include an update on the Department of Education’s efforts to centralize tracking of UCP complaints and appeals and to streamline UCP processes across divisions.

1. Fiscal impact. According to the Assembly Appropriations Committee, this bill would impose:
   
   1. Potential costs should the Commission on State Mandates determine there is reimbursable workload associated with this bill. However, cost may be minimal as this bill mirrors a process for former juvenile court school students and grants discretion to the education rights holder to elect to enroll a student in a LEA program once released.
      
   2. Unknown cost associated with the Uniform Complaints Process for noncompliance with this bill. Costs are contingent to the number of complaints submitted.
      
   3. Minor cost, if any, to CDE for appeals associated with complainants not satisfied with the decision of an LEA.

SUPPORT

Orange County Department of Education (co-sponsor)

Riverside County Superintendent of Schools (co-sponsor)

Association of California School Administrators

California School Boards Association

Los Angeles County Office of Education

Small School Districts Association

OPPOSITION

None received

-- END --

ASSEMBLY THIRD READING

ATR Bill Id:

Author:(Cervantes)

As Amended Ver:April 19, 2017

Majority vote

SUMMARY: Permits the education rights holders of students enrolled in juvenile court schools to voluntarily defer the issuance of a diploma for meeting state graduation requirements so that a student may take additional coursework at the juvenile court school or, once released, at a school operated by a local educational agency. Specifically, this bill:

1. Requires that, when a juvenile court school student becomes entitled to a diploma for meeting state graduation requirements, the county office of education (COE) notify the student, the person holding the right to make educational decisions for the student, and the student's social worker or probation officer of all of the following:
   1. the student's right to a diploma
   2. how taking coursework and other requirements adopted by the governing board of the COE (other requirements) or continuing education upon release from the juvenile detention facility will affect the student's ability to gain admission to a postsecondary educational institution
   3. information about transfer opportunities available through the California Community Colleges
   4. the student's or the education rights holder's, option to allow the student to defer or decline the diploma and take additional coursework
2. Provides that, if the COE fails to provide timely notice that a student is eligible for a diploma, he or she is eligible once notified, even if that notification occurs after termination of the court's jurisdiction over the student.
3. Requires that, if a COE makes a finding that a juvenile court school student who is entitled to a diploma pursuant could benefit from the coursework and other requirements the COE:
4. inform the student of his or her option to take coursework and meet other requirements
5. permit the student or the education rights holder, as applicable, to defer the granting of the diploma until the student is released from the juvenile detention facility, so that the student may take coursework or meet other requirements
6. Provides that, upon the release from a juvenile detention facility, a student or the education rights holder for the student, as applicable, may elect to decline the issuance of the diploma for the purpose of enrolling the student in a school operated by a local educational agency or charter school to take additional coursework.
7. States the intent of the Legislature that this occur only for students who, in the view of the student or education rights holder, as applicable, are highly likely to:
8. enroll in a school operated by a local educational agency or charter school
9. benefit from continued instruction
10. graduate from high school
11. Requires a COE to grant a diploma if requested by the student or the education rights holder of the student if he or she is not granted a diploma or has previously deferred or declined a diploma.
12. Prohibits COEs from revoking a student's eligibility for a diploma, and states that a student remains entitled to a diploma after the termination of the court's jurisdiction over the student.
13. Makes compliance with the provisions of the bill subject to complaint under the Uniform Complaint Procedures.

FISCAL EFFECT: According to the Assembly Appropriations Committee:

1. Potential costs should the Commission on State Mandates (CSM) determine there is reimbursable workload associated with this bill. However, cost may be minimal as this bill mirrors a process for former juvenile court school students and grants discretion to the education rights holder to elect to enroll a student in a local education agency (LEA) program once released.
2. Unknown cost associated with the Uniform Complaints Process for noncompliance with this bill. Costs are contingent to the number of complaints submitted.
3. Minor cost, if any, to CDE for appeals associated with complainants not satisfied with the decision of an LEA.

COMMENTS:

Striking the right balance between the best chance for graduation and ensuring educational opportunity. According to the author, some juvenile court school students who meet state graduation requirements (and under current law must be granted a diploma) have time left to serve in juvenile detention facilities, during which they could be attending school and completing additional graduation or A-G requirements. However, once they have been issued a diploma they are not eligible for further instruction.

The author also notes that, under current law, students who are 16 or 17 years of age and who are issued diplomas in juvenile court schools become ineligible to return to their home schools as they will have already graduated from high school. These students might benefit from continued instruction in high school, including the opportunity to learn additional content and skills, fulfill higher education admissions requirements, and pursue career pathways.

But for some students, is juvenile court school the last, best chance to earn a diploma? Research has documented problems with juvenile court school students not returning to school district programs, high dropout rates, and low graduation rates:

1. A report by the CDE that only 21% of juvenile court school students were enrolled at their local school within 30 days after being released.
2. A 2016 report published by the Youth Law Center found that many students do not re-enroll in school after leaving a juvenile court school. The report notes that in the 2013-2014 school year, juvenile court schools students had a dropout rate of 38%, compared to the statewide adjusted dropout rate of 12%.
3. A 2013 analysis of the National Bureau for Economic Research found that, compared to students who were charged with a crime but not incarcerated, juvenile incarceration is estimated to decrease the chances of high school graduation by 13 percentage points and increase the chances of adult incarceration by 22 percentage points.

This bill strikes a balance between ensuring that students in juvenile court schools receive diplomas and ensuring that they are able to take full advantage of the educational opportunities provided to all other students. This bill has been crafted to allow for individualized decision-making for juvenile court school students, to meet their varying educational needs.

Analysis Prepared by: Tanya Lieberman / ED. / (916) 319-2087 FN: 0000285

Date of Hearing: May 3, 2017

ASSEMBLY COMMITTEE ON APPROPRIATIONS

Lorena Gonzalez Fletcher, Chair

ABPCA Bill Id:AB 1124

Author:(Cervantes) – As Amended Ver:April 19, 2017

Urgency: No State Mandated Local Program: Yes Reimbursable: Yes

SUMMARY:

This bill requires county offices of education (COEs) to notify the pupil, the person holding the right to make educational decisions for the pupil, and the pupil’s social worker or probation officer of certain education rights when a juvenile court school pupil becomes entitled to a diploma. Specifically, this bill:

1. Requires COE to provide notice of: (a) the pupil's right to a diploma; (b) how taking coursework and other requirements adopted by the governing board of the county office of education or continuing education upon release from the juvenile detention facility will affect the pupil’s ability to gain admission to a postsecondary educational institution, (c) information about transfer opportunities available through the California Community Colleges; and allow the pupil’s or the education rights holder’ to defer or decline the diploma and take additional coursework.
2. Authorizes a pupil to receive a diploma, even if that notification occurs after termination of the court’s jurisdiction over the pupil.
3. Allows for complaints of noncompliance with the requirements of this section to be filed with the local educational agency (LEA) under the Uniform Complaint Procedures and for appeals by the California Department of Education (CDE). The department must respond to the appeal within 60 days of the department’s receipt of the appeal.
4. Requires for information regarding these requirements to be included in the annual notification distributed to, among others, pupils, parents or guardians of pupils, employees, and other interested parties.

FISCAL EFFECT:

1. Potential costs should the Commission on State Mandates (CSM) determine there is reimbursable workload associated with this bill. However, cost may be minimal as this bill mirrors a process for former juvenile court school students and grants discretion to the education rights holder to elect to enroll a student in a LEA program once released.
2. Unknown cost associated with the Uniform Complaints Process for noncompliance with this bill. Costs are contingent to the number of complaints submitted.
3. Minor cost, if any, to CDE for appeals associated with complainants not satisfied with the decision of an LEA.

COMMENTS:

1. Background. According to CDE, cumulative enrollment of students in juvenile court schools in 2014-15 totaled 36,378 students, enrolled at 75 juvenile court schools in 48 counties. Existing law requires that, if a student completes the state graduation requirements while attending a juvenile court school, the county office of education which administers the school issue the student a diploma of graduation, and prohibits the COE from requiring student to complete coursework or other requirements that are in addition to the statewide coursework requirements. A student who transfers from a juvenile court school into a school district after the completion of a second year of high school is exempt from local graduation requirements that are in excess of those of the state, unless the principal of the school determines that the student is reasonably able to complete the graduation requirements by the end of the fourth year of high school.
2. Purpose. According to the author, “AB 1124 will align statutory requirements for issuing high school graduation diplomas for students in juvenile court schools with requirements and exemptions for students who are foster youth and/or students who are former juvenile court school students. The statutory provisions for students in juvenile court schools do not allow for consideration of an individual student’s situation and whether the student is reasonably able to complete the additional local or county high school graduation requirements.” The intent of the bill is to allow juvenile court school students to be required to meet local graduation requirements if it is determined that they can reasonably be expected to meet them within a four year time frame.

Analysis Prepared by: Daisy Gonzales / APPR. / (916) 319-2081

Date of Hearing: April 5, 2017

ASSEMBLY COMMITTEE ON EDUCATION

Patrick O'Donnell, Chair

ABPCA Bill Id:AB 1124 (

Author:Cervantes) – As Introduced Ver:February 17, 2017

SUBJECT: Juvenile court school students: graduation requirements

SUMMARY: Requires that, prior to issuing a student enrolled in a juvenile court school a diploma for fulfilling state graduation requirements, a county office of education (COE) review the student’s education records and determine whether the student can reasonably meet any local graduation requirements that are in excess of those required by the state within four years.

EXISTING LAW:

1. Requires that, if a student completes the state graduation requirements while attending a juvenile court school, the county office of education which administers the school issue the student a diploma of graduation, and prohibits the COE from requiring student to complete coursework or other requirements that are in addition to the statewide coursework requirements.
2. Exempts a student who transfers from a juvenile court school into a school district after the completion of her second year of high school from local graduation requirements that are in excess of those of the state, unless the principal of the school determines that the student is reasonably able to complete the graduation requirements by the end of her fourth year of high school.
3. Requires that if the school district determines that the former juvenile court school student is reasonably able to complete the school district’s graduation requirements within the student’s fifth year of high school, the school district:
4. inform the student of his or her option to remain in school for a fifth year to complete the school district’s graduation requirements, and inform the student about how remaining in school for a fifth year to complete the school district’s graduation requirements will affect the student’s ability to gain admission to a postsecondary educational institution
5. provide information to the student about transfer opportunities available through the California Community Colleges
6. permit the student to stay in school for a fifth year to complete the school district’s graduation requirements upon agreement with the student or the person holding the right to make educational decisions for the student, depending up on the age of the student

FISCAL EFFECT: The Office of Legislative Counsel has keyed this bill a state mandated local program.

COMMENTS:

Need for the bill. According to the author, “AB 1124 will align statutory requirements for issuing high school graduation diplomas for students in juvenile court schools with requirements and exemptions for students who are foster youth and/or students who are former juvenile court school students.

The statutory provisions for students in juvenile court schools do not allow for consideration of an individual student’s situation and whether the student is reasonably able to complete the additional local or county high school graduation requirements.

Existing law requires a county office of education to issue a graduation diploma to a student attending a juvenile court school if the student completes the statewide high school graduation requirements while attending the juvenile court school, regardless of the amount of time enrolled in the juvenile court school. Current law prohibits the county office of education from requiring the student who meets state minimum graduation requirements to complete additional coursework or other local graduation requirements. Many juvenile court schools have additional local requirements for high school graduation that are intended to better prepare students for success in post-secondary education and career opportunities.”

Enrollment in California juvenile court schools. According to the California Department of Education (CDE), cumulative enrollment of students in juvenile court schools in 2014-15 totaled 36,378 students, enrolled at 75 juvenile court schools in 48 counties.

Different provisions based on where a student is enrolled. Current law specifies different requirements with respect to local graduation requirements for current juvenile court school students and former juvenile court school students who are enrolled in schools operated by school districts.

A former juvenile court school student who transfers into a school district after the completion of her second year of high school is exempt from local graduation requirements that are in excess of those of the state, unless the principal of the school determines that the student is reasonably able to complete the graduation requirements by the end of her fourth year of high school. In contrast, a current juvenile court school student who has met state graduation requirements must be issued a diploma, and may not be required to meet additional graduation requirements.

Time left to serve, no educational program. According to the author, some juvenile court school students who meet state graduation requirements (and are therefore granted a diploma) have time left to serve in juvenile detention facilities during which they could be attending school and completing the COE’s graduation requirements. The author also notes that this may require probation departments to provide programming for these students during the portion of the day students are not in school. County offices of education also stand to lose funding for students they formerly served after they met state graduation requirements.

Striking the right balance between the best chance for graduation and ensuring educational opportunity. The author notes that, under current law, students who are 16 or 17 years of age and who are issued diplomas in juvenile court schools become ineligible to return to their home schools as they will have already graduated from high school. The author argues that those students might benefit from continued instruction in high school. Indeed, continued enrollment might provide these students the opportunity to learn additional content and skills, fulfill higher education admissions requirements, or pursue a career pathway.

But for some students, is juvenile court school the last, best chance to earn a diploma? Research has documented problems with juvenile court school students not returning to school district programs, high dropout rates, and low graduation rates:

• A report by the CDE on students served with Title I, Part D funds in At-Risk, Neglected, and Juvenile Detention programs found that only 21% of juvenile court school students were enrolled at their local school within 30 days after being released.
• A 2016 report published by the Youth Law Center found that many students do not re-enroll in school after leaving a juvenile court school. The report notes that in the 2013-2014 school year, juvenile court schools students had a dropout rate of 38%, compared to the statewide adjusted dropout rate of 12%. The report noted that ten counties had court school dropout rates of 60% or higher and that another five had dropout rates ranging from 40% to 59%.
• A 2013 analysis of the National Bureau for Economic Research found that, compared to students who were charged with a crime but not incarcerated, juvenile incarceration is estimated to decrease the chances of high school graduation by 13 percentage points and increase the chances of adult incarceration by 22 percentage points.

The Committee may wish to consider that there is a delicate balance between ensuring that students in juvenile court schools get a diplomas, and ensuring that they are able to take full advantage of the educational opportunities provided to all other students. The Committee may further wish to note that these students are individuals, with varying educational needs.

Bill as drafted doesn’t address the problem. The author’s intent is to allow juvenile court school students to be required to meet local graduation requirements if it is determined that they can reasonably be expected to meet them within a four year time frame.

But the bill as currently drafted does not address the requirement that students who have met state graduation requirements be issued diplomas, and it refers to a section of code which only applies to school districts and to students who have left juvenile court schools.

To strike a balance, provide flexibility for decision-making based on individual needs. To balance educational opportunity with a student’s best chances of graduating from high school, and in recognition of the fact that juvenile court school students are individuals with diverse educational needs, staff recommends the following amendments to provide some limited flexibility within the requirement that students be given a diploma once they have met state graduation requirements:

1. Delete the current contents of the bill.
2. Create new section, mirroring the process used in Section 51225.1 for former juvenile court school students, in order to allow, at the discretion of the education rights holder, students to continue to take coursework and other graduation requirements of the county office of education, after students have met state graduation requirements. Add a new process by which the education rights holder, under specified circumstances, is able to elect to enroll a student in an LEA program once released.
3. Add one technical amendment to correct a code reference.

CDE report on juvenile court school transition just released. AB 2276 (Bocanegra) Chapter 901, Statutes of 2014 required the SPI, in consultation with the Board of State and Community Corrections, to 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 students who are being transferred from juvenile court schools. The report was due in January, 2016 and released in March, 2017. It makes numerous recommendations to improve the educational transition of students in juvenile court schools.

Related and prior legislation. SB 304 (Portantino) of this Session expands the components of the joint transition planning policy relative to coordinating education and services for youth in the juvenile justice system, developed by the county office of education the county probation department, to include specified information. SB 304 is pending in the Senate.

AB 365 (Muratsuchi) of this Session extends to students from military families certain rights regarding exemptions from local graduation requirements and acceptance of partial credit which are currently afforded to foster youth and other groups of highly mobile students.

AB 2306 (Frazier) Chapter 464, Statutes of 2016 requires school districts to exempt former juvenile court school students who transfer into school districts after their second year in high school from local graduation requirements that exceed those of the state, and requires a county office of education to issue a diploma of graduation to a student who completes state coursework requirements for graduation while attending a juvenile court school.

AB 167 (Adams) Chapter 224, Statutes of 2009 grants students in foster care an exemption from coursework adopted by a school district in addition to statewide requirements while the student is in grades 11 and 12.

SB 1088 (Price) Chapter 381, Statutes of 2012 prohibits a school district from denying enrollment or readmission of a student solely on the basis that he/she had contact with the juvenile justice system.

AB 2276 (Bocanegra) Chapter 901, Statutes of 2014 requires a student who has had contact with the juvenile justice system to be immediately enrolled in a public school, and required the SPI, in to convene a statewide group of stakeholders to study and report on juvenile court school transition.

REGISTERED SUPPORT / OPPOSITION:

Support

Orange County Department of Education (sponsor)

Riverside County Superintendent of Schools (sponsor)

Small School Districts Association

Opposition

None on file

Analysis Prepared by: Tanya Lieberman / ED. / (916) 319-2087