AB 2121: Pupil instruction: coursework and graduation requirements: migratory children and newly arrived immigrant pupils.
- Session Year: 2017-2018
- House: Assembly
- Latest Version Date: 2018-09-20
(1)Existing law requires a school district to exempt a pupil in foster care, a pupil who is a homeless child or youth, a former juvenile court school pupil, or a pupil who is a child of a military family who transfers between schools any time after the completion of the pupils 2nd year of high school from all coursework and other requirements adopted by the governing board of the school district that are in addition to certain statewide coursework requirements unless the school district makes a finding that the pupil is reasonably able to complete the school districts graduation requirements in time to graduate from high school by the end of the pupils 4th year of high school. Existing law requires, among other things, the school district to take specified actions if it determines that the pupil is reasonably able to complete the school districts graduation requirements within the pupils 5th year of high school.
This bill would extend these provisions to a pupil who is a migratory child, as defined, and a pupil participating in an English language proficiency program for newly arrived immigrant pupils and who is in his or her 3rd or 4th year of high school, and would require charter schools to comply with these exemption requirements applicable to school districts. By requiring school districts and charter schools to perform additional duties in complying with the exemption requirements, the bill would impose a state-mandated local program.
(2)Existing law requires a school district and county office of education to accept coursework satisfactorily completed by a pupil in foster care, a pupil who is a homeless child or youth, a former juvenile court school pupil, or a pupil who is a child of a military family, while attending another public school, a juvenile court school, or a nonpublic, nonsectarian school or agency even if the pupil did not complete the entire course and requires the school district and county office of education to issue that pupil full or partial credit for the coursework completed.
This bill would extend these provisions to a pupil who is a migratory child, as defined, and a pupil participating in an English language proficiency program for newly arrived immigrant pupils, and would require charter schools to comply with these requirements to accept coursework applicable to school districts and county offices of education. The bill would additionally require coursework satisfactorily completed in a school in a country other than the United States to be accepted under these provisions. By requiring school districts, charter schools, and county offices of education to perform additional duties in complying with the requirements to accept coursework, the bill would impose a state-mandated local program.
(3)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.
(1)Existing law requires a school district to exempt a pupil in foster care, a pupil who is a homeless child or youth, a former juvenile court school pupil, or a pupil who is a child of a military family who transfers between schools any time after the completion of the pupils 2nd year of high school from all coursework and other requirements adopted by the governing board of the school district that are in addition to certain statewide coursework requirements unless the school district makes a finding that the pupil is reasonably able to complete the school districts graduation requirements in time to graduate from high school by the end of the pupils 4th year of high school. Existing law requires, among other things, the school district to take specified actions if it determines that the pupil is reasonably able to complete the school districts graduation requirements within the pupils 5th year of high school.
This bill would extend these provisions to a pupil who is a migratory child, as defined, and a pupil participating in an English language proficiency program for newly arrived immigrant pupils and who is in his or her 3rd or 4th year of high school, and would require charter schools to comply with these exemption requirements applicable to school districts. By requiring school districts and charter schools to perform additional duties in complying with the exemption requirements, the bill would impose a state-mandated local program.
(2)Existing law requires a school district and county office of education to accept coursework satisfactorily completed by a pupil in foster care, a pupil who is a homeless child or youth, a former juvenile court school pupil, or a pupil who is a child of a military family, while attending another public school, a juvenile court school, or a nonpublic, nonsectarian school or agency even if the pupil did not complete the entire course and requires the school district and county office of education to issue that pupil full or partial credit for the coursework completed.
This bill would extend these provisions to a pupil who is a migratory child, as defined, and a pupil participating in an English language proficiency program for newly arrived immigrant pupils, and would require charter schools to comply with these requirements to accept coursework applicable to school districts and county offices of education. The bill would additionally require coursework satisfactorily completed in a school in a country other than the United States to be accepted under these provisions. By requiring school districts, charter schools, and county offices of education to perform additional duties in complying with the requirements to accept coursework, the bill would impose a state-mandated local program.
(3)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.
(1)Existing law requires a school district to exempt a pupil in foster care, a pupil who is a homeless child or youth, a former juvenile court school pupil, or a pupil who is a child of a military family who transfers between schools any time after the completion of the pupils 2nd year of high school from all coursework and other requirements adopted by the governing board of the school district that are in addition to certain statewide coursework requirements unless the school district makes a finding that the pupil is reasonably able to complete the school districts graduation requirements in time to graduate from high school by the end of the pupils 4th year of high school. Existing law requires, among other things, the school district to take specified actions if it determines that the pupil is reasonably able to complete the school districts graduation requirements within the pupils 5th year of high school.
This bill would extend these provisions to a pupil who is a migratory child, as defined, and a pupil participating in an English language proficiency program for newly arrived immigrant pupils and who is in his or her 3rd or 4th year of high school, and would require charter schools to comply with these exemption requirements applicable to school districts. By requiring school districts and charter schools to perform additional duties in complying with the exemption requirements, the bill would impose a state-mandated local program.
(2)Existing law requires a school district and county office of education to accept coursework satisfactorily completed by a pupil in foster care, a pupil who is a homeless child or youth, a former juvenile court school pupil, or a pupil who is a child of a military family, while attending another public school, a juvenile court school, or a nonpublic, nonsectarian school or agency even if the pupil did not complete the entire course and requires the school district and county office of education to issue that pupil full or partial credit for the coursework completed.
This bill would extend these provisions to a pupil who is a migratory child, as defined, and a pupil participating in an English language proficiency program for newly arrived immigrant pupils, and would require charter schools to comply with these requirements to accept coursework applicable to school districts and county offices of education. The bill would additionally require coursework satisfactorily completed in a school in a country other than the United States to be accepted under these provisions. By requiring school districts, charter schools, and county offices of education to perform additional duties in complying with the requirements to accept coursework, the bill would impose a state-mandated local program.
(3)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.
(1)Existing law requires a school district to exempt a pupil in foster care, a pupil who is a homeless child or youth, a former juvenile court school pupil, or a pupil who is a child of a military family who transfers between schools any time after the completion of the pupils 2nd year of high school from all coursework and other requirements adopted by the governing board of the school district that are in addition to certain statewide coursework requirements unless the school district makes a finding that the pupil is reasonably able to complete the school districts graduation requirements in time to graduate from high school by the end of the pupils 4th year of high school. Existing law requires, among other things, the school district to take specified actions if it determines that the pupil is reasonably able to complete the school districts graduation requirements within the pupils 5th year of high school.
This bill would extend these provisions to a pupil who is a migratory child, as defined, and a pupil participating in an English language proficiency program for newly arrived immigrant pupils and who is in his or her 3rd or 4th year of high school, and would require charter schools to comply with these exemption requirements applicable to school districts. By requiring school districts and charter schools to perform additional duties in complying with the exemption requirements, the bill would impose a state-mandated local program.
(2)Existing law requires a school district and county office of education to accept coursework satisfactorily completed by a pupil in foster care, a pupil who is a homeless child or youth, a former juvenile court school pupil, or a pupil who is a child of a military family, while attending another public school, a juvenile court school, or a nonpublic, nonsectarian school or agency even if the pupil did not complete the entire course and requires the school district and county office of education to issue that pupil full or partial credit for the coursework completed.
This bill would extend these provisions to a pupil who is a migratory child, as defined, and a pupil participating in an English language proficiency program for newly arrived immigrant pupils, and would require charter schools to comply with these requirements to accept coursework applicable to school districts and county offices of education. The bill would additionally require coursework satisfactorily completed in a school in a country other than the United States to be accepted under these provisions. By requiring school districts, charter schools, and county offices of education to perform additional duties in complying with the requirements to accept coursework, the bill would impose a state-mandated local program.
(3)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.
(1)Existing law requires a school district to exempt a pupil in foster care, a pupil who is a homeless child or youth, a former juvenile court school pupil, or a pupil who is a child of a military family who transfers between schools any time after the completion of the pupils 2nd year of high school from all coursework and other requirements adopted by the governing board of the school district that are in addition to certain statewide coursework requirements unless the school district makes a finding that the pupil is reasonably able to complete the school districts graduation requirements in time to graduate from high school by the end of the pupils 4th year of high school. Existing law requires, among other things, the school district to take specified actions if it determines that the pupil is reasonably able to complete the school districts graduation requirements within the pupils 5th year of high school.
This bill would extend these provisions to a pupil who is a currently migratory child, as defined. defined, and would require charter schools to comply with these exemption requirements applicable to school districts. By requiring school districts and charter schools to perform additional duties in complying with the exemption requirements, the bill would impose a state-mandated local program.
(2)Existing law requires a school district and county office of education to accept coursework satisfactorily completed by a pupil in foster care, a pupil who is a homeless child or youth, a former juvenile court school pupil, or a pupil who is a child of a military family, while attending another public school, a juvenile court school, or a nonpublic, nonsectarian school or agency even if the pupil did not complete the entire course and requires the school district and county office of education to issue that pupil full or partial credit for the coursework completed.
This bill would extend these provisions to a pupil who is a currently migratory child, as defined. defined, and would require charter schools to comply with these requirements to accept coursework applicable to school districts and county offices of education. By requiring school districts districts, charter schools, and county offices of education to perform additional duties in complying with the requirements to accept coursework, the bill would impose a state-mandated local program.
(3)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.
(1)Existing law requires a school district to exempt a pupil in foster care, a pupil who is a homeless child or youth, a former juvenile court school pupil, or a pupil who is a child of a military family who transfers between schools any time after the completion of the pupils 2nd year of high school from all coursework and other requirements adopted by the governing board of the school district that are in addition to certain statewide coursework requirements unless the school district makes a finding that the pupil is reasonably able to complete the school districts graduation requirements in time to graduate from high school by the end of the pupils 4th year of high school. Existing law requires, among other things, the school district to take specified actions if it determines that the pupil is reasonably able to complete the school districts graduation requirements within the pupils 5th year of high school.
This bill would extend these provisions to a pupil who is a currently migratory child, as defined. By requiring school districts to perform additional duties in complying with the exemption requirements, the bill would impose a state-mandated local program.
(2)Existing law requires a school district and county office of education to accept coursework satisfactorily completed by a pupil in foster care, a pupil who is a homeless child or youth, a former juvenile court school pupil, or a pupil who is a child of a military family, while attending another public school, a juvenile court school, or a nonpublic, nonsectarian school or agency even if the pupil did not complete the entire course and requires the school district and county office of education to issue that pupil full or partial credit for the coursework completed.
This bill would extend these provisions to a pupil who is a currently migratory child, as defined. By requiring school districts and county offices of education to perform additional duties in complying with the requirements to accept coursework, the bill would impose a state-mandated local program.
(3)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.
(a)Notwithstanding any other law, a local educational agency, as defined in subdivision (n), shall exempt a pupil in foster care, as defined in Section 51225.2, a pupil who is a homeless child or youth, as defined in Section 11434a(2) of Title 42 of the United States Code, a former juvenile court school pupil, as defined in Section 51225.2, a pupil who is a child of a military family, as defined in Section 49701, or a pupil who is a migratory child, as defined in subdivision (a) of Section 54441, who transfers between schools any time after the completion of the pupils second year of high school, or a pupil participating in a newcomer program, as defined in Section 51225.2, and who is in his or her third or fourth year of high school, from all coursework and other requirements adopted by the governing body that are in addition to the statewide coursework requirements specified in Section 51225.3, unless the local educational agency makes a finding that the pupil is reasonably able to complete the local educational agencys graduation requirements in time to graduate from high school by the end of the pupils fourth year of high school.
(b)If the local educational agency determines that the pupil in foster care, the pupil who is a homeless child or youth, the former juvenile court school pupil, the pupil who is a child of a military family, the pupil who is a migratory child, or the pupil participating in a newcomer program is reasonably able to complete the local educational agencys graduation requirements within the pupils fifth year of high school, the local educational agency shall do all of the following:
(1)Inform the pupil of his or her option to remain in school for a fifth year to complete the local educational agencys graduation requirements.
(2)Inform the pupil, and the person holding the right to make educational decisions for the pupil, about how remaining in school for a fifth year to complete the local educational agencys graduation requirements will affect the pupils ability to gain admission to a postsecondary educational institution.
(3)Provide information to the pupil about transfer opportunities available through the California Community Colleges.
(4)Permit the pupil to stay in school for a fifth year to complete the local educational agencys graduation requirements upon agreement with the pupil, if the pupil is 18 years of age or older, or, if the pupil is under 18 years of age, upon agreement with the person holding the right to make educational decisions for the pupil.
(c)To determine whether a pupil in foster care, a pupil who is a homeless child or youth, a former juvenile court school pupil, a pupil who is a child of a military family, or a pupil who is a migratory child is in the third or fourth year of high school, either the number of credits the pupil has earned to the date of transfer or the length of the pupils school enrollment may be used, whichever will qualify the pupil for the exemption. In the case of a pupil participating in a newcomer program, enrollment in grade 11 or 12 may be used to determine whether the pupil is in his or her third or fourth year of high school.
(d)(1)(A)Within 30 calendar days of the date that a pupil in foster care who may qualify for the exemption from local graduation requirements pursuant to this section transfers into a school, the local educational agency shall notify the pupil, the person holding the right to make educational decisions for the pupil, and the pupils social worker or probation officer of the availability of the exemption and whether the pupil qualifies for an exemption.
(B)If the local educational agency fails to provide timely notice pursuant to subparagraph (A), the pupil described in subparagraph (A) shall be eligible for the exemption from local graduation requirements pursuant to this section once notified, even if that notification occurs after the termination of the courts jurisdiction over the pupil, if the pupil otherwise qualifies for the exemption pursuant to this section.
(2)(A)Within 30 calendar days of the date that a pupil who is a homeless child or youth who may qualify for the exemption from local graduation requirements pursuant to this section transfers into a school, the local educational agency shall notify the pupil, the person holding the right to make educational decisions for the pupil, and the local educational agency liaison for homeless children and youth designated pursuant to Section 11432(g)(1)(J)(ii) of Title 42 of the United States Code, of the availability of the exemption and whether the pupil qualifies for an exemption.
(B)If the local educational agency fails to provide timely notice pursuant to subparagraph (A), the pupil described in subparagraph (A) shall be eligible for the exemption from local graduation requirements pursuant to this section once notified, even if that notification occurs after the pupil is no longer a homeless child or youth, if the pupil otherwise qualifies for the exemption pursuant to this section.
(3)(A)Within 30 calendar days of the date that a former juvenile court school pupil who may qualify for the exemption from local graduation requirements pursuant to this section transfers into a school, the local educational agency shall notify the pupil, the person holding the right to make educational decisions for the pupil, and the pupils social worker or probation officer of the availability of the exemption and whether the pupil qualifies for an exemption.
(B)If the local educational agency fails to provide timely notice pursuant to subparagraph (A), the pupil described in subparagraph (A) shall be eligible for the exemption from local graduation requirements pursuant to this section once notified, even if that notification occurs after termination of the courts jurisdiction over the pupil, if the pupil otherwise qualifies for the exemption pursuant to this section.
(4)(A)Within 30 calendar days of the date that a pupil who is a child of a military family who may qualify for the exemption from local graduation requirements pursuant to this section transfers into a school, the local educational agency shall notify the pupil and the pupils parent or guardian of the availability of the exemption and whether the pupil qualifies for an exemption.
(B)If the local educational agency fails to provide timely notice pursuant to subparagraph (A), the pupil described in subparagraph (A) shall be eligible for the exemption from local graduation requirements pursuant to this section once notified, even if that notification occurs after the pupil no longer meets the definition of children of military families under Section 49701, if the pupil otherwise qualifies for the exemption pursuant to this section.
(5)(A)Within 30 calendar days of the date that a pupil who is a migratory child who may qualify for the exemption from local graduation requirements pursuant to this section transfers into a school, the local educational agency shall notify the pupil and the pupils parent or guardian of the availability of the exemption and whether the pupil qualifies for an exemption.
(B)If the local educational agency fails to provide timely notice pursuant to subparagraph (A), the pupil described in subparagraph (A) shall be eligible for the exemption from local graduation requirements pursuant to this section once notified, even if that notification occurs after the pupil no longer meets the definition of migratory child if the pupil otherwise qualifies for the exemption pursuant to this section.
(6)(A)Within 30 calendar days of the date that a pupil participating in a newcomer program who may qualify for the exemption from local graduation requirements pursuant to this section commences participation in a newcomer program at a school, the local educational agency shall notify the pupil and the pupils parent or guardian of the availability of the exemption and whether the pupil qualifies for an exemption.
(B)If the local educational agency fails to provide timely notice pursuant to subparagraph (A), the pupil described in subparagraph (A) shall be eligible for the exemption from local graduation requirements pursuant to this section once notified, even if that notification occurs after the pupil no longer meets the definition of a pupil participating in a newcomer program if the pupil otherwise qualifies for the exemption pursuant to this section.
(e)If a pupil in foster care, a pupil who is a homeless child or youth, a former juvenile court school pupil, a pupil who is a child of a military family, a pupil who is a migratory child, or a pupil participating in a newcomer program is exempted from local graduation requirements pursuant to this section and completes the statewide coursework requirements specified in Section 51225.3 before the end of his or her fourth year of high school and that pupil would otherwise be entitled to remain in attendance at the school, a school, including a charter school, or school district shall not require or request that the pupil graduate before the end of his or her fourth year of high school.
(f)If a pupil in foster care, a pupil who is a homeless child or youth, a former juvenile court school pupil, a pupil who is a child of a military family, a pupil who is a migratory child, or a pupil participating in a newcomer program is exempted from local graduation requirements pursuant to this section, the local educational agency shall notify the pupil and the person holding the right to make educational decisions for the pupil how any of the requirements that are waived will affect the pupils ability to gain admission to a postsecondary educational institution and shall provide information about transfer opportunities available through the California Community Colleges.
(g)A pupil in foster care, a pupil who is a homeless child or youth, a former juvenile court school pupil, a pupil who is a child of a military family, a pupil who is a migratory child, or a pupil participating in a newcomer program who is eligible for the exemption from local graduation requirements pursuant to this section and would otherwise be entitled to remain in attendance at the school shall not be required to accept the exemption or be denied enrollment in, or the ability to complete, courses for which he or she is otherwise eligible, including courses necessary to attend an institution of higher education, regardless of whether those courses are required for statewide graduation requirements.
(h)If a pupil in foster care, a pupil who is a homeless child or youth, a former juvenile court school pupil, a pupil who is a child of a military family, a pupil who is a migratory child, or a pupil participating in a newcomer program is not exempted from local graduation requirements or has previously declined the exemption pursuant to this section, a local educational agency shall exempt the pupil at any time if an exemption is requested by the pupil and the pupil qualifies for the exemption.
(i)If a pupil in foster care, a pupil who is a homeless child or youth, a former juvenile court school pupil, a pupil who is a child of a military family, a pupil who is a migratory child, or a pupil participating in a newcomer program is exempted from local graduation requirements pursuant to this section, a local educational agency shall not revoke the exemption.
(j)(1)If a pupil in foster care is exempted from local graduation requirements pursuant to this section, the exemption shall continue to apply after the termination of the courts jurisdiction over the pupil while he or she is enrolled in school or if the pupil transfers to another school, including a charter school, or school district.
(2)If a pupil who is a homeless child or youth is exempted from local graduation requirements pursuant to this section, the exemption shall continue to apply after the pupil is no longer a homeless child or youth while he or she is enrolled in school or if the pupil transfers to another school, including a charter school, or school district.
(3)If a former juvenile court school pupil is exempted from local graduation requirements pursuant to this section, the exemption shall continue to apply after the termination of the courts jurisdiction over the pupil while he or she is enrolled in school or if the pupil transfers to another school, including a charter school, or school district.
(4)If a pupil who is a child of a military family is exempted from local graduation requirements pursuant to this section, the exemption shall continue to apply after the pupil no longer meets the definition of children of military families under Section 49701 while he or she is enrolled in school or if the pupil transfers to another school, including a charter school, or school district.
(5)If a pupil who is a migratory child is exempted from local graduation requirements pursuant to this section, the exemption shall continue to apply after the pupil no longer meets the definition of migratory child while he or she is enrolled in school or if the pupil transfers to another school, including a charter school, or school district.
(6)If a pupil participating in a newcomer program is exempted from local graduation requirements pursuant to this section, the exemption shall continue to apply after the pupil no longer meets the definition of a pupil participating in a newcomer program while he or she is enrolled in school or if the pupil transfers to another school, including a charter school, or school district.
(k)A local educational agency shall not require or request a pupil in foster care, a pupil who is a homeless child or youth, a former juvenile court school pupil, a pupil who is a child of a military family, or a pupil who is a migratory child to transfer schools in order to qualify the pupil for an exemption pursuant to this section.
(l)(1)A pupil in foster care, the person holding the right to make educational decisions for the pupil, the pupils social worker, or the pupils probation officer shall not request a transfer solely to qualify the pupil for an exemption pursuant to this section.
(2)A pupil who is a homeless child or youth, the person holding the right to make educational decisions for the pupil, or the local educational agency liaison for homeless children and youth designated pursuant to Section 11432(g)(1)(J)(ii) of Title 42 of the United States Code, shall not request a transfer solely to qualify the pupil for an exemption pursuant to this section.
(3)A former juvenile court school pupil, the person holding the right to make educational decisions for the pupil, the pupils social worker, or the pupils probation officer shall not request a transfer solely to qualify the pupil for an exemption pursuant to this section.
(4)A pupil who is a child of a military family, or the pupils parent or guardian, shall not request a transfer solely to qualify the pupil for an exemption pursuant to this section.
(5)A pupil who is a migratory child, or the pupils parent or guardian, shall not request a transfer solely to qualify the pupil for an exemption pursuant to this section.
(m)(1)A complaint of noncompliance with the requirements of this section may be filed with the local educational agency under the Uniform Complaint Procedures set forth in Chapter 5.1 (commencing with Section 4600) of Division 1 of Title 5 of the California Code of Regulations.
(2)A complainant not satisfied with the decision of a local educational agency may appeal the decision to the department pursuant to Chapter 5.1 (commencing with Section 4600) of Division 1 of Title 5 of the California Code of Regulations and shall receive a written decision regarding the appeal within 60 days of the departments receipt of the appeal.
(3)If a local educational agency finds merit in a complaint, or the Superintendent finds merit in an appeal, the local educational agency shall provide a remedy to the affected pupil.
(4)Information regarding the requirements of this section shall be included in the annual notification distributed to, among others, pupils, parents or guardians of pupils, employees, and other interested parties pursuant to Section 4622 of Title 5 of the California Code of Regulations.
(n)For purposes of this section, the following terms have the following meanings:
(1)Governing body means the governing board of a school district or the governing body of a charter school, as applicable.
(2)Local educational agency means a school district or charter school.
SEC. 2.Section 51225.2 of the Education Code is amended to read:51225.2.(a)For purposes of this section, the following definitions apply:
(1)Pupil in foster care means a child who has been removed from his or her home pursuant to Section 309 of the Welfare and Institutions Code, is the subject of a petition filed under Section 300 or 602 of the Welfare and Institutions Code, or has been removed from his or her home and is the subject of a petition filed under Section 300 or 602 of the Welfare and Institutions Code.
(2)Pupil who is a homeless child or youth means a pupil who meets the definition of homeless child or youth in Section 11434a(2) of Title 42 of the United States Code.
(3)Former juvenile court school pupil means a pupil who, upon completion of the pupils second year of high school, transfers to a school district or charter school, excluding a school district operated by the Division of Juvenile Justice of the Department of Corrections and Rehabilitation, from a juvenile court school.
(4)Pupil who is a child of a military family means a pupil who meets the definition of children of military families under Section 49701.
(5)Pupil who is a migratory child means a pupil who meets the definition of currently migratory child under subdivision (a) of Section 54441.
(6)Pupil participating in a newcomer program means a pupil who is participating in a program designed to meet the academic and transitional needs of newly arrived immigrant pupils that has as a primary objective the development of English language proficiency.
(7)Local educational agency means a school district, county office of education, or charter school.
(b)(1)Notwithstanding any other law, a local educational agency shall accept coursework satisfactorily completed by a pupil in foster care, a pupil who is a homeless child or youth, a former juvenile court school pupil, a pupil who is a child of a military family, a pupil who is a migratory child, or a pupil participating in a newcomer program while attending another public school, a juvenile court school, a charter school, a school in a country other than the United States, or a nonpublic, nonsectarian school or agency even if the pupil did not complete the entire course and shall issue that pupil full or partial credit for the coursework completed.
(2)For purposes of coursework completed by a pupil who is a child of a military family, public school includes schools operated by the United States Department of Defense.
(c)The credits accepted pursuant to subdivision (b) shall be applied to the same or equivalent course, if applicable, as the coursework completed in the prior public school, juvenile court school, charter school, school in a country other than the United States, or nonpublic, nonsectarian school or agency.
(d)A local educational agency shall not require a pupil in foster care, a pupil who is a homeless child or youth, a former juvenile court school pupil, a pupil who is a child of a military family, a pupil who is a migratory child, or a pupil participating in a newcomer program to retake a course if the pupil has satisfactorily completed the entire course in a public school, a juvenile court school, a charter school, a school in a country other than the United States, or a nonpublic, nonsectarian school or agency. If the pupil did not complete the entire course, the local educational agency shall not require the pupil to retake the portion of the course the pupil completed unless the local educational agency, in consultation with the holder of educational rights for the pupil, finds that the pupil is reasonably able to complete the requirements in time to graduate from high school. When partial credit is awarded in a particular course, the pupil in foster care, the pupil who is a homeless child or youth, the former juvenile court school pupil, the pupil who is a child of a military family, the pupil who is a migratory child, or the pupil participating in a newcomer program shall be enrolled in the same or equivalent course, if applicable, so that the pupil may continue and complete the entire course.
(e)A pupil in foster care, a pupil who is a homeless child or youth, a former juvenile court school pupil, a pupil who is a child of a military family, a pupil who is a migratory child, or a pupil participating in a newcomer program shall not be prevented from retaking or taking a course to meet the eligibility requirements for admission to the California State University or the University of California.
(f)(1)A complaint of noncompliance with the requirements of this section may be filed with the local educational agency under the Uniform Complaint Procedures set forth in Chapter 5.1 (commencing with Section 4600) of Division 1 of Title 5 of the California Code of Regulations.
(2)A complainant not satisfied with the decision of a local educational agency may appeal the decision to the department pursuant to Chapter 5.1 (commencing with Section 4600) of Division 1 of Title 5 of the California Code of Regulations and shall receive a written decision regarding the appeal within 60 days of the departments receipt of the appeal.
(3)If a local educational agency finds merit in a complaint, or the Superintendent finds merit in an appeal, the local educational agency shall provide a remedy to the affected pupil.
(4)Information regarding the requirements of this section shall be included in the annual notification distributed to, among others, pupils, parents or guardians of pupils, employees, and other interested parties pursuant to Section 4622 of Title 5 of the California Code of Regulations.
SEC. 3.If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.
(a)Notwithstanding any other law, a local educational agency, as defined in subdivision (n), shall exempt a pupil in foster care, as defined in Section 51225.2, a pupil who is a homeless child or youth, as defined in Section 11434a(2) of Title 42 of the United States Code, a former juvenile court school pupil, as defined in Section 51225.2, a pupil who is a child of a military family, as defined in Section 49701, or a pupil who is a migratory child, as defined in subdivision (a) of Section 54441, who transfers between schools any time after the completion of the pupils second year of high school, or a pupil participating in a newcomer program, as defined in Section 51225.2, and who is in his or her third or fourth year of high school, from all coursework and other requirements adopted by the governing body that are in addition to the statewide coursework requirements specified in Section 51225.3, unless the local educational agency makes a finding that the pupil is reasonably able to complete the local educational agencys graduation requirements in time to graduate from high school by the end of the pupils fourth year of high school.
(b)If the local educational agency determines that the pupil in foster care, the pupil who is a homeless child or youth, the former juvenile court school pupil, the pupil who is a child of a military family, the pupil who is a migratory child, or the pupil participating in a newcomer program is reasonably able to complete the local educational agencys graduation requirements within the pupils fifth year of high school, the local educational agency shall do all of the following:
(1)Inform the pupil of his or her option to remain in school for a fifth year to complete the local educational agencys graduation requirements.
(2)Inform the pupil, and the person holding the right to make educational decisions for the pupil, about how remaining in school for a fifth year to complete the local educational agencys graduation requirements will affect the pupils ability to gain admission to a postsecondary educational institution.
(3)Provide information to the pupil about transfer opportunities available through the California Community Colleges.
(4)Permit the pupil to stay in school for a fifth year to complete the local educational agencys graduation requirements upon agreement with the pupil, if the pupil is 18 years of age or older, or, if the pupil is under 18 years of age, upon agreement with the person holding the right to make educational decisions for the pupil.
(c)To determine whether a pupil in foster care, a pupil who is a homeless child or youth, a former juvenile court school pupil, a pupil who is a child of a military family, or a pupil who is a migratory child is in the third or fourth year of high school, either the number of credits the pupil has earned to the date of transfer or the length of the pupils school enrollment may be used, whichever will qualify the pupil for the exemption. In the case of a pupil participating in a newcomer program, enrollment in grade 11 or 12 may be used to determine whether the pupil is in his or her third or fourth year of high school.
(d)(1)(A)Within 30 calendar days of the date that a pupil in foster care who may qualify for the exemption from local graduation requirements pursuant to this section transfers into a school, the local educational agency shall notify the pupil, the person holding the right to make educational decisions for the pupil, and the pupils social worker or probation officer of the availability of the exemption and whether the pupil qualifies for an exemption.
(B)If the local educational agency fails to provide timely notice pursuant to subparagraph (A), the pupil described in subparagraph (A) shall be eligible for the exemption from local graduation requirements pursuant to this section once notified, even if that notification occurs after the termination of the courts jurisdiction over the pupil, if the pupil otherwise qualifies for the exemption pursuant to this section.
(2)(A)Within 30 calendar days of the date that a pupil who is a homeless child or youth who may qualify for the exemption from local graduation requirements pursuant to this section transfers into a school, the local educational agency shall notify the pupil, the person holding the right to make educational decisions for the pupil, and the local educational agency liaison for homeless children and youth designated pursuant to Section 11432(g)(1)(J)(ii) of Title 42 of the United States Code, of the availability of the exemption and whether the pupil qualifies for an exemption.
(B)If the local educational agency fails to provide timely notice pursuant to subparagraph (A), the pupil described in subparagraph (A) shall be eligible for the exemption from local graduation requirements pursuant to this section once notified, even if that notification occurs after the pupil is no longer a homeless child or youth, if the pupil otherwise qualifies for the exemption pursuant to this section.
(3)(A)Within 30 calendar days of the date that a former juvenile court school pupil who may qualify for the exemption from local graduation requirements pursuant to this section transfers into a school, the local educational agency shall notify the pupil, the person holding the right to make educational decisions for the pupil, and the pupils social worker or probation officer of the availability of the exemption and whether the pupil qualifies for an exemption.
(B)If the local educational agency fails to provide timely notice pursuant to subparagraph (A), the pupil described in subparagraph (A) shall be eligible for the exemption from local graduation requirements pursuant to this section once notified, even if that notification occurs after termination of the courts jurisdiction over the pupil, if the pupil otherwise qualifies for the exemption pursuant to this section.
(4)(A)Within 30 calendar days of the date that a pupil who is a child of a military family who may qualify for the exemption from local graduation requirements pursuant to this section transfers into a school, the local educational agency shall notify the pupil and the pupils parent or guardian of the availability of the exemption and whether the pupil qualifies for an exemption.
(B)If the local educational agency fails to provide timely notice pursuant to subparagraph (A), the pupil described in subparagraph (A) shall be eligible for the exemption from local graduation requirements pursuant to this section once notified, even if that notification occurs after the pupil no longer meets the definition of children of military families under Section 49701, if the pupil otherwise qualifies for the exemption pursuant to this section.
(5)(A)Within 30 calendar days of the date that a pupil who is a migratory child who may qualify for the exemption from local graduation requirements pursuant to this section transfers into a school, the local educational agency shall notify the pupil and the pupils parent or guardian of the availability of the exemption and whether the pupil qualifies for an exemption.
(B)If the local educational agency fails to provide timely notice pursuant to subparagraph (A), the pupil described in subparagraph (A) shall be eligible for the exemption from local graduation requirements pursuant to this section once notified, even if that notification occurs after the pupil no longer meets the definition of migratory child if the pupil otherwise qualifies for the exemption pursuant to this section.
(6)(A)Within 30 calendar days of the date that a pupil participating in a newcomer program who may qualify for the exemption from local graduation requirements pursuant to this section commences participation in a newcomer program at a school, the local educational agency shall notify the pupil and the pupils parent or guardian of the availability of the exemption and whether the pupil qualifies for an exemption.
(B)If the local educational agency fails to provide timely notice pursuant to subparagraph (A), the pupil described in subparagraph (A) shall be eligible for the exemption from local graduation requirements pursuant to this section once notified, even if that notification occurs after the pupil no longer meets the definition of a pupil participating in a newcomer program if the pupil otherwise qualifies for the exemption pursuant to this section.
(e)If a pupil in foster care, a pupil who is a homeless child or youth, a former juvenile court school pupil, a pupil who is a child of a military family, a pupil who is a migratory child, or a pupil participating in a newcomer program is exempted from local graduation requirements pursuant to this section and completes the statewide coursework requirements specified in Section 51225.3 before the end of his or her fourth year of high school and that pupil would otherwise be entitled to remain in attendance at the school, a school, including a charter school, or school district shall not require or request that the pupil graduate before the end of his or her fourth year of high school.
(f)If a pupil in foster care, a pupil who is a homeless child or youth, a former juvenile court school pupil, a pupil who is a child of a military family, a pupil who is a migratory child, or a pupil participating in a newcomer program is exempted from local graduation requirements pursuant to this section, the local educational agency shall notify the pupil and the person holding the right to make educational decisions for the pupil how any of the requirements that are waived will affect the pupils ability to gain admission to a postsecondary educational institution and shall provide information about transfer opportunities available through the California Community Colleges.
(g)A pupil in foster care, a pupil who is a homeless child or youth, a former juvenile court school pupil, a pupil who is a child of a military family, a pupil who is a migratory child, or a pupil participating in a newcomer program who is eligible for the exemption from local graduation requirements pursuant to this section and would otherwise be entitled to remain in attendance at the school shall not be required to accept the exemption or be denied enrollment in, or the ability to complete, courses for which he or she is otherwise eligible, including courses necessary to attend an institution of higher education, regardless of whether those courses are required for statewide graduation requirements.
(h)If a pupil in foster care, a pupil who is a homeless child or youth, a former juvenile court school pupil, a pupil who is a child of a military family, a pupil who is a migratory child, or a pupil participating in a newcomer program is not exempted from local graduation requirements or has previously declined the exemption pursuant to this section, a local educational agency shall exempt the pupil at any time if an exemption is requested by the pupil and the pupil qualifies for the exemption.
(i)If a pupil in foster care, a pupil who is a homeless child or youth, a former juvenile court school pupil, a pupil who is a child of a military family, a pupil who is a migratory child, or a pupil participating in a newcomer program is exempted from local graduation requirements pursuant to this section, a local educational agency shall not revoke the exemption.
(j)(1)If a pupil in foster care is exempted from local graduation requirements pursuant to this section, the exemption shall continue to apply after the termination of the courts jurisdiction over the pupil while he or she is enrolled in school or if the pupil transfers to another school, including a charter school, or school district.
(2)If a pupil who is a homeless child or youth is exempted from local graduation requirements pursuant to this section, the exemption shall continue to apply after the pupil is no longer a homeless child or youth while he or she is enrolled in school or if the pupil transfers to another school, including a charter school, or school district.
(3)If a former juvenile court school pupil is exempted from local graduation requirements pursuant to this section, the exemption shall continue to apply after the termination of the courts jurisdiction over the pupil while he or she is enrolled in school or if the pupil transfers to another school, including a charter school, or school district.
(4)If a pupil who is a child of a military family is exempted from local graduation requirements pursuant to this section, the exemption shall continue to apply after the pupil no longer meets the definition of children of military families under Section 49701 while he or she is enrolled in school or if the pupil transfers to another school, including a charter school, or school district.
(5)If a pupil who is a migratory child is exempted from local graduation requirements pursuant to this section, the exemption shall continue to apply after the pupil no longer meets the definition of migratory child while he or she is enrolled in school or if the pupil transfers to another school, including a charter school, or school district.
(6)If a pupil participating in a newcomer program is exempted from local graduation requirements pursuant to this section, the exemption shall continue to apply after the pupil no longer meets the definition of a pupil participating in a newcomer program while he or she is enrolled in school or if the pupil transfers to another school, including a charter school, or school district.
(k)A local educational agency shall not require or request a pupil in foster care, a pupil who is a homeless child or youth, a former juvenile court school pupil, a pupil who is a child of a military family, or a pupil who is a migratory child to transfer schools in order to qualify the pupil for an exemption pursuant to this section.
(l)(1)A pupil in foster care, the person holding the right to make educational decisions for the pupil, the pupils social worker, or the pupils probation officer shall not request a transfer solely to qualify the pupil for an exemption pursuant to this section.
(2)A pupil who is a homeless child or youth, the person holding the right to make educational decisions for the pupil, or the local educational agency liaison for homeless children and youth designated pursuant to Section 11432(g)(1)(J)(ii) of Title 42 of the United States Code, shall not request a transfer solely to qualify the pupil for an exemption pursuant to this section.
(3)A former juvenile court school pupil, the person holding the right to make educational decisions for the pupil, the pupils social worker, or the pupils probation officer shall not request a transfer solely to qualify the pupil for an exemption pursuant to this section.
(4)A pupil who is a child of a military family, or the pupils parent or guardian, shall not request a transfer solely to qualify the pupil for an exemption pursuant to this section.
(5)A pupil who is a migratory child, or the pupils parent or guardian, shall not request a transfer solely to qualify the pupil for an exemption pursuant to this section.
(m)(1)A complaint of noncompliance with the requirements of this section may be filed with the local educational agency under the Uniform Complaint Procedures set forth in Chapter 5.1 (commencing with Section 4600) of Division 1 of Title 5 of the California Code of Regulations.
(2)A complainant not satisfied with the decision of a local educational agency may appeal the decision to the department pursuant to Chapter 5.1 (commencing with Section 4600) of Division 1 of Title 5 of the California Code of Regulations and shall receive a written decision regarding the appeal within 60 days of the departments receipt of the appeal.
(3)If a local educational agency finds merit in a complaint, or the Superintendent finds merit in an appeal, the local educational agency shall provide a remedy to the affected pupil.
(4)Information regarding the requirements of this section shall be included in the annual notification distributed to, among others, pupils, parents or guardians of pupils, employees, and other interested parties pursuant to Section 4622 of Title 5 of the California Code of Regulations.
(n)For purposes of this section, the following terms have the following meanings:
(1)Governing body means the governing board of a school district or the governing body of a charter school, as applicable.
(2)Local educational agency means a school district or charter school.
SEC. 2.Section 51225.2 of the Education Code is amended to read:51225.2.(a)For purposes of this section, the following definitions apply:
(1)Pupil in foster care means a child who has been removed from his or her home pursuant to Section 309 of the Welfare and Institutions Code, is the subject of a petition filed under Section 300 or 602 of the Welfare and Institutions Code, or has been removed from his or her home and is the subject of a petition filed under Section 300 or 602 of the Welfare and Institutions Code.
(2)Pupil who is a homeless child or youth means a pupil who meets the definition of homeless child or youth in Section 11434a(2) of Title 42 of the United States Code.
(3)Former juvenile court school pupil means a pupil who, upon completion of the pupils second year of high school, transfers to a school district or charter school, excluding a school district operated by the Division of Juvenile Justice of the Department of Corrections and Rehabilitation, from a juvenile court school.
(4)Pupil who is a child of a military family means a pupil who meets the definition of children of military families under Section 49701.
(5)Pupil who is a migratory child means a pupil who meets the definition of currently migratory child under subdivision (a) of Section 54441.
(6)Pupil participating in a newcomer program means a pupil who is participating in a program designed to meet the academic and transitional needs of newly arrived immigrant pupils that has as a primary objective the development of English language proficiency.
(7)Local educational agency means a school district, county office of education, or charter school.
(b)(1)Notwithstanding any other law, a local educational agency shall accept coursework satisfactorily completed by a pupil in foster care, a pupil who is a homeless child or youth, a former juvenile court school pupil, a pupil who is a child of a military family, a pupil who is a migratory child, or a pupil participating in a newcomer program while attending another public school, a juvenile court school, a charter school, a school in a country other than the United States, or a nonpublic, nonsectarian school or agency even if the pupil did not complete the entire course and shall issue that pupil full or partial credit for the coursework completed.
(2)For purposes of coursework completed by a pupil who is a child of a military family, public school includes schools operated by the United States Department of Defense.
(c)The credits accepted pursuant to subdivision (b) shall be applied to the same or equivalent course, if applicable, as the coursework completed in the prior public school, juvenile court school, charter school, school in a country other than the United States, or nonpublic, nonsectarian school or agency.
(d)A local educational agency shall not require a pupil in foster care, a pupil who is a homeless child or youth, a former juvenile court school pupil, a pupil who is a child of a military family, a pupil who is a migratory child, or a pupil participating in a newcomer program to retake a course if the pupil has satisfactorily completed the entire course in a public school, a juvenile court school, a charter school, a school in a country other than the United States, or a nonpublic, nonsectarian school or agency. If the pupil did not complete the entire course, the local educational agency shall not require the pupil to retake the portion of the course the pupil completed unless the local educational agency, in consultation with the holder of educational rights for the pupil, finds that the pupil is reasonably able to complete the requirements in time to graduate from high school. When partial credit is awarded in a particular course, the pupil in foster care, the pupil who is a homeless child or youth, the former juvenile court school pupil, the pupil who is a child of a military family, the pupil who is a migratory child, or the pupil participating in a newcomer program shall be enrolled in the same or equivalent course, if applicable, so that the pupil may continue and complete the entire course.
(e)A pupil in foster care, a pupil who is a homeless child or youth, a former juvenile court school pupil, a pupil who is a child of a military family, a pupil who is a migratory child, or a pupil participating in a newcomer program shall not be prevented from retaking or taking a course to meet the eligibility requirements for admission to the California State University or the University of California.
(f)(1)A complaint of noncompliance with the requirements of this section may be filed with the local educational agency under the Uniform Complaint Procedures set forth in Chapter 5.1 (commencing with Section 4600) of Division 1 of Title 5 of the California Code of Regulations.
(2)A complainant not satisfied with the decision of a local educational agency may appeal the decision to the department pursuant to Chapter 5.1 (commencing with Section 4600) of Division 1 of Title 5 of the California Code of Regulations and shall receive a written decision regarding the appeal within 60 days of the departments receipt of the appeal.
(3)If a local educational agency finds merit in a complaint, or the Superintendent finds merit in an appeal, the local educational agency shall provide a remedy to the affected pupil.
(4)Information regarding the requirements of this section shall be included in the annual notification distributed to, among others, pupils, parents or guardians of pupils, employees, and other interested parties pursuant to Section 4622 of Title 5 of the California Code of Regulations.
SEC. 3.If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.
(a)Notwithstanding any other law, a local educational agency, as defined in subdivision (n), shall exempt a pupil in foster care, as defined in Section 51225.2, a pupil who is a homeless child or youth, as defined in Section 11434a(2) of Title 42 of the United States Code, a former juvenile court school pupil, as defined in Section 51225.2, a pupil who is a child of a military family, as defined in Section 49701, or a pupil who is a migratory child, as defined in subdivisions subdivision (a) and (b) of Section 54441, who transfers between schools any time after the completion of the pupils second year of high school, or a pupil participating in a newcomer program, as defined in Section 51225.2, and who is in his or her third or fourth year of high school, from all coursework and other requirements adopted by the governing body that are in addition to the statewide coursework requirements specified in Section 51225.3, unless the local educational agency makes a finding that the pupil is reasonably able to complete the local educational agencys graduation requirements in time to graduate from high school by the end of the pupils fourth year of high school.
(b)If the local educational agency determines that the pupil in foster care, the pupil who is a homeless child or youth, the former juvenile court school pupil, the pupil who is a child of a military family, the pupil who is a migratory child, or the pupil participating in a newcomer program is reasonably able to complete the local educational agencys graduation requirements within the pupils fifth year of high school, the local educational agency shall do all of the following:
(1)Inform the pupil of his or her option to remain in school for a fifth year to complete the local educational agencys graduation requirements.
(2)Inform the pupil, and the person holding the right to make educational decisions for the pupil, about how remaining in school for a fifth year to complete the local educational agencys graduation requirements will affect the pupils ability to gain admission to a postsecondary educational institution.
(3)Provide information to the pupil about transfer opportunities available through the California Community Colleges.
(4)Permit the pupil to stay in school for a fifth year to complete the local educational agencys graduation requirements upon agreement with the pupil, if the pupil is 18 years of age or older, or, if the pupil is under 18 years of age, upon agreement with the person holding the right to make educational decisions for the pupil.
(c)To determine whether a pupil in foster care, a pupil who is a homeless child or youth, a former juvenile court school pupil, a pupil who is a child of a military family, or a pupil who is a migratory child is in the third or fourth year of high school, either the number of credits the pupil has earned to the date of transfer or the length of the pupils school enrollment may be used, whichever will qualify the pupil for the exemption. In the case of a pupil participating in a newcomer program, enrollment in grade 11 or 12 may be used to determine whether the pupil is in his or her third or fourth year of high school.
(d)(1)(A)Within 30 calendar days of the date that a pupil in foster care who may qualify for the exemption from local graduation requirements pursuant to this section transfers into a school, the local educational agency shall notify the pupil, the person holding the right to make educational decisions for the pupil, and the pupils social worker or probation officer of the availability of the exemption and whether the pupil qualifies for an exemption.
(B)If the local educational agency fails to provide timely notice pursuant to subparagraph (A), the pupil described in subparagraph (A) shall be eligible for the exemption from local graduation requirements pursuant to this section once notified, even if that notification occurs after the termination of the courts jurisdiction over the pupil, if the pupil otherwise qualifies for the exemption pursuant to this section.
(2)(A)Within 30 calendar days of the date that a pupil who is a homeless child or youth who may qualify for the exemption from local graduation requirements pursuant to this section transfers into a school, the local educational agency shall notify the pupil, the person holding the right to make educational decisions for the pupil, and the local educational agency liaison for homeless children and youth designated pursuant to Section 11432(g)(1)(J)(ii) of Title 42 of the United States Code, of the availability of the exemption and whether the pupil qualifies for an exemption.
(B)If the local educational agency fails to provide timely notice pursuant to subparagraph (A), the pupil described in subparagraph (A) shall be eligible for the exemption from local graduation requirements pursuant to this section once notified, even if that notification occurs after the pupil is no longer a homeless child or youth, if the pupil otherwise qualifies for the exemption pursuant to this section.
(3)(A)Within 30 calendar days of the date that a former juvenile court school pupil who may qualify for the exemption from local graduation requirements pursuant to this section transfers into a school, the local educational agency shall notify the pupil, the person holding the right to make educational decisions for the pupil, and the pupils social worker or probation officer of the availability of the exemption and whether the pupil qualifies for an exemption.
(B)If the local educational agency fails to provide timely notice pursuant to subparagraph (A), the pupil described in subparagraph (A) shall be eligible for the exemption from local graduation requirements pursuant to this section once notified, even if that notification occurs after termination of the courts jurisdiction over the pupil, if the pupil otherwise qualifies for the exemption pursuant to this section.
(4)(A)Within 30 calendar days of the date that a pupil who is a child of a military family who may qualify for the exemption from local graduation requirements pursuant to this section transfers into a school, the local educational agency shall notify the pupil and the pupils parent or guardian of the availability of the exemption and whether the pupil qualifies for an exemption.
(B)If the local educational agency fails to provide timely notice pursuant to subparagraph (A), the pupil described in subparagraph (A) shall be eligible for the exemption from local graduation requirements pursuant to this section once notified, even if that notification occurs after the pupil no longer meets the definition of children of military families under Section 49701, if the pupil otherwise qualifies for the exemption pursuant to this section.
(5)(A)Within 30 calendar days of the date that a pupil who is a migratory child who may qualify for the exemption from local graduation requirements pursuant to this section transfers into a school, the local educational agency shall notify the pupil and the pupils parent or guardian of the availability of the exemption and whether the pupil qualifies for an exemption.
(B)If the local educational agency fails to provide timely notice pursuant to subparagraph (A), the pupil described in subparagraph (A) shall be eligible for the exemption from local graduation requirements pursuant to this section once notified, even if that notification occurs after the pupil no longer meets the definition of migratory child if the pupil otherwise qualifies for the exemption pursuant to this section.
(6)(A)Within 30 calendar days of the date that a pupil pupil participating in a newcomer program who may qualify for the exemption from local graduation requirements pursuant to this section commences participation in a newcomer program at a school, the local educational agency shall notify the pupil and the pupils parent or guardian of the availability of the exemption and whether the pupil qualifies for an exemption.
(B)If the local educational agency fails to provide timely notice pursuant to subparagraph (A), the pupil described in subparagraph (A) shall be eligible for the exemption from local graduation requirements pursuant to this section once notified, even if that notification occurs after the pupil no longer meets the definition of a pupil participating in a newcomer program if the pupil otherwise qualifies for the exemption pursuant to this section.
(e)If a pupil in foster care, a pupil who is a homeless child or youth, a former juvenile court school pupil, a pupil who is a child of a military family, a pupil who is a migratory child, or a pupil participating in a newcomer program is exempted from local graduation requirements pursuant to this section and completes the statewide coursework requirements specified in Section 51225.3 before the end of his or her fourth year of high school and that pupil would otherwise be entitled to remain in attendance at the school, a school, including a charter school, or school district shall not require or request that the pupil graduate before the end of his or her fourth year of high school.
(f)If a pupil in foster care, a pupil who is a homeless child or youth, a former juvenile court school pupil, a pupil who is a child of a military family, a pupil who is a migratory child, or a pupil participating in a newcomer program is exempted from local graduation requirements pursuant to this section, the local educational agency shall notify the pupil and the person holding the right to make educational decisions for the pupil how any of the requirements that are waived will affect the pupils ability to gain admission to a postsecondary educational institution and shall provide information about transfer opportunities available through the California Community Colleges.
(g)A pupil in foster care, a pupil who is a homeless child or youth, a former juvenile court school pupil, a pupil who is a child of a military family, a pupil who is a migratory child, or a pupil participating in a newcomer program who is eligible for the exemption from local graduation requirements pursuant to this section and would otherwise be entitled to remain in attendance at the school shall not be required to accept the exemption or be denied enrollment in, or the ability to complete, courses for which he or she is otherwise eligible, including courses necessary to attend an institution of higher education, regardless of whether those courses are required for statewide graduation requirements.
(h)If a pupil in foster care, a pupil who is a homeless child or youth, a former juvenile court school pupil, a pupil who is a child of a military family, a pupil who is a migratory child, or a pupil participating in a newcomer program is not exempted from local graduation requirements or has previously declined the exemption pursuant to this section, a local educational agency shall exempt the pupil at any time if an exemption is requested by the pupil and the pupil qualifies for the exemption.
(i)If a pupil in foster care, a pupil who is a homeless child or youth, a former juvenile court school pupil, a pupil who is a child of a military family, a pupil who is a migratory child, or a pupil participating in a newcomer program is exempted from local graduation requirements pursuant to this section, a local educational agency shall not revoke the exemption.
(j)(1)If a pupil in foster care is exempted from local graduation requirements pursuant to this section, the exemption shall continue to apply after the termination of the courts jurisdiction over the pupil while he or she is enrolled in school or if the pupil transfers to another school, including a charter school, or school district.
(2)If a pupil who is a homeless child or youth is exempted from local graduation requirements pursuant to this section, the exemption shall continue to apply after the pupil is no longer a homeless child or youth while he or she is enrolled in school or if the pupil transfers to another school, including a charter school, or school district.
(3)If a former juvenile court school pupil is exempted from local graduation requirements pursuant to this section, the exemption shall continue to apply after the termination of the courts jurisdiction over the pupil while he or she is enrolled in school or if the pupil transfers to another school, including a charter school, or school district.
(4)If a pupil who is a child of a military family is exempted from local graduation requirements pursuant to this section, the exemption shall continue to apply after the pupil no longer meets the definition of children of military families under Section 49701 while he or she is enrolled in school or if the pupil transfers to another school, including a charter school, or school district.
(5)If a pupil who is a migratory child is exempted from local graduation requirements pursuant to this section, the exemption shall continue to apply after the pupil no longer meets the definition of migratory child while he or she is enrolled in school or if the pupil transfers to another school, including a charter school, or school district.
(6)If a pupil participating in a newcomer program is exempted from local graduation requirements pursuant to this section, the exemption shall continue to apply after the pupil no longer meets the definition of a pupil participating in a newcomer program while he or she is enrolled in school or if the pupil transfers to another school, including a charter school, or school district.
(k)A local educational agency shall not require or request a pupil in foster care, a pupil who is a homeless child or youth, a former juvenile court school pupil, a pupil who is a child of a military family, or a pupil who is a migratory child to transfer schools in order to qualify the pupil for an exemption pursuant to this section.
(l)(1)A pupil in foster care, the person holding the right to make educational decisions for the pupil, the pupils social worker, or the pupils probation officer shall not request a transfer solely to qualify the pupil for an exemption pursuant to this section.
(2)A pupil who is a homeless child or youth, the person holding the right to make educational decisions for the pupil, or the local educational agency liaison for homeless children and youth designated pursuant to Section 11432(g)(1)(J)(ii) of Title 42 of the United States Code, shall not request a transfer solely to qualify the pupil for an exemption pursuant to this section.
(3)A former juvenile court school pupil, the person holding the right to make educational decisions for the pupil, the pupils social worker, or the pupils probation officer shall not request a transfer solely to qualify the pupil for an exemption pursuant to this section.
(4)A pupil who is a child of a military family, or the pupils parent or guardian, shall not request a transfer solely to qualify the pupil for an exemption pursuant to this section.
(5)A pupil who is a migratory child, or the pupils parent or guardian, shall not request a transfer solely to qualify the pupil for an exemption pursuant to this section.
(m)(1)A complaint of noncompliance with the requirements of this section may be filed with the local educational agency under the Uniform Complaint Procedures set forth in Chapter 5.1 (commencing with Section 4600) of Division 1 of Title 5 of the California Code of Regulations.
(2)A complainant not satisfied with the decision of a local educational agency may appeal the decision to the department pursuant to Chapter 5.1 (commencing with Section 4600) of Division 1 of Title 5 of the California Code of Regulations and shall receive a written decision regarding the appeal within 60 days of the departments receipt of the appeal.
(3)If a local educational agency finds merit in a complaint, or the Superintendent finds merit in an appeal, the local educational agency shall provide a remedy to the affected pupil.
(4)Information regarding the requirements of this section shall be included in the annual notification distributed to, among others, pupils, parents or guardians of pupils, employees, and other interested parties pursuant to Section 4622 of Title 5 of the California Code of Regulations.
(n)For purposes of this section, the following terms have the following meanings:
(1)Governing body means the governing board of a school district or the governing body of a charter school, as applicable.
(2)Local educational agency means a school district or charter school.
SEC. 2.Section 51225.2 of the Education Code is amended to read:51225.2.(a)For purposes of this section, the following definitions apply:
(1)Pupil in foster care means a child who has been removed from his or her home pursuant to Section 309 of the Welfare and Institutions Code, is the subject of a petition filed under Section 300 or 602 of the Welfare and Institutions Code, or has been removed from his or her home and is the subject of a petition filed under Section 300 or 602 of the Welfare and Institutions Code.
(2)Pupil who is a homeless child or youth means a pupil who meets the definition of homeless child or youth in Section 11434a(2) of Title 42 of the United States Code.
(3)Former juvenile court school pupil means a pupil who, upon completion of the pupils second year of high school, transfers to a school district or charter school, excluding a school district operated by the Division of Juvenile Justice of the Department of Corrections and Rehabilitation, from a juvenile court school.
(4)Pupil who is a child of a military family means a pupil who meets the definition of children of military families under Section 49701.
(5)Pupil who is a migratory child means a pupil who meets the definition of currently migratory child under subdivision (a) of Section 54441 or former migratory child under subdivision (b) of Section 54441.
(6)Pupil participating in a newcomer program means a pupil who is participating in a program designed to meet the academic and transitional needs of newly arrived immigrant pupils that has as a primary objective the development of English language proficiency.
(7)Local educational agency means a school district, county office of education, or charter school.
(b)(1)Notwithstanding any other law, a local educational agency shall accept coursework satisfactorily completed by a pupil in foster care, a pupil who is a homeless child or youth, a former juvenile court school pupil, a pupil who is a child of a military family, a pupil who is a migratory child, or a pupil participating in a newcomer program while attending another public school, a juvenile court school, a charter school, a school in a country other than the United States, or a nonpublic, nonsectarian school or agency even if the pupil did not complete the entire course and shall issue that pupil full or partial credit for the coursework completed.
(2)For purposes of coursework completed by a pupil who is a child of a military family, public school includes schools operated by the United States Department of Defense.
(c)The credits accepted pursuant to subdivision (b) shall be applied to the same or equivalent course, if applicable, as the coursework completed in the prior public school, juvenile court school, charter school, school in a country other than the United States, or nonpublic, nonsectarian school or agency.
(d)A local educational agency shall not require a pupil in foster care, a pupil who is a homeless child or youth, a former juvenile court school pupil, a pupil who is a child of a military family, a pupil who is a migratory child, or a pupil participating in a newcomer program to retake a course if the pupil has satisfactorily completed the entire course in a public school, a juvenile court school, a charter school, a school in a country other than the United States, or a nonpublic, nonsectarian school or agency. If the pupil did not complete the entire course, the local educational agency shall not require the pupil to retake the portion of the course the pupil completed unless the local educational agency, in consultation with the holder of educational rights for the pupil, finds that the pupil is reasonably able to complete the requirements in time to graduate from high school. When partial credit is awarded in a particular course, the pupil in foster care, the pupil who is a homeless child or youth, the former juvenile court school pupil, the pupil who is a child of a military family, the pupil who is a migratory child, or the pupil participating in a newcomer program shall be enrolled in the same or equivalent course, if applicable, so that the pupil may continue and complete the entire course.
(e)A pupil in foster care, a pupil who is a homeless child or youth, a former juvenile court school pupil, a pupil who is a child of a military family, a pupil who is a migratory child, or a pupil participating in a newcomer program shall not be prevented from retaking or taking a course to meet the eligibility requirements for admission to the California State University or the University of California.
(f)(1)A complaint of noncompliance with the requirements of this section may be filed with the local educational agency under the Uniform Complaint Procedures set forth in Chapter 5.1 (commencing with Section 4600) of Division 1 of Title 5 of the California Code of Regulations.
(2)A complainant not satisfied with the decision of a local educational agency may appeal the decision to the department pursuant to Chapter 5.1 (commencing with Section 4600) of Division 1 of Title 5 of the California Code of Regulations and shall receive a written decision regarding the appeal within 60 days of the departments receipt of the appeal.
(3)If a local educational agency finds merit in a complaint, or the Superintendent finds merit in an appeal, the local educational agency shall provide a remedy to the affected pupil.
(4)Information regarding the requirements of this section shall be included in the annual notification distributed to, among others, pupils, parents or guardians of pupils, employees, and other interested parties pursuant to Section 4622 of Title 5 of the California Code of Regulations.
SEC. 3.If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.
(a)Notwithstanding any other law, a local educational agency, as defined in subdivision (n), shall exempt a pupil in foster care, as defined in Section 51225.2, a pupil who is a homeless child or youth, as defined in Section 11434a(2) of Title 42 of the United States Code, a former juvenile court school pupil, as defined in Section 51225.2, a pupil who is a child of a military family, as defined in Section 49701, or a pupil who is a migratory child, as defined in subdivisions (a) and (b) of Section 54441, who transfers between schools any time after the completion of the pupils second year of high school school, or a pupil participating in a newcomer program, as defined in Section 51225.2, and who is in his or her third or fourth year of high school, from all coursework and other requirements adopted by the governing body that are in addition to the statewide coursework requirements specified in Section 51225.3, unless the local educational agency makes a finding that the pupil is reasonably able to complete the local educational agencys graduation requirements in time to graduate from high school by the end of the pupils fourth year of high school.
(b)If the local educational agency determines that the pupil in foster care, the pupil who is a homeless child or youth, the former juvenile court school pupil, the pupil who is a child of a military family, or a the pupil who is a migratory child child, or the pupil participating in a newcomer program is reasonably able to complete the local educational agencys graduation requirements within the pupils fifth year of high school, the local educational agency shall do all of the following:
(1)Inform the pupil of his or her option to remain in school for a fifth year to complete the local educational agencys graduation requirements.
(2)Inform the pupil, and the person holding the right to make educational decisions for the pupil, about how remaining in school for a fifth year to complete the local educational agencys graduation requirements will affect the pupils ability to gain admission to a postsecondary educational institution.
(3)Provide information to the pupil about transfer opportunities available through the California Community Colleges.
(4)Permit the pupil to stay in school for a fifth year to complete the local educational agencys graduation requirements upon agreement with the pupil, if the pupil is 18 years of age or older, or, if the pupil is under 18 years of age, upon agreement with the person holding the right to make educational decisions for the pupil.
(c)To determine whether a pupil in foster care, a pupil who is a homeless child or youth, a former juvenile court school pupil, a pupil who is a child of a military family, or a pupil who is a migratory child is in the third or fourth year of high school, either the number of credits the pupil has earned to the date of transfer or the length of the pupils school enrollment may be used, whichever will qualify the pupil for the exemption. In the case of a pupil participating in a newcomer program, enrollment in grade 11 or 12 may be used to determine whether the pupil is in his or her third or fourth year of high school.
(d)(1)(A)Within 30 calendar days of the date that a pupil in foster care who may qualify for the exemption from local graduation requirements pursuant to this section transfers into a school, the local educational agency shall notify the pupil, the person holding the right to make educational decisions for the pupil, and the pupils social worker or probation officer of the availability of the exemption and whether the pupil qualifies for an exemption.
(B)If the local educational agency fails to provide timely notice pursuant to subparagraph (A), the pupil described in subparagraph (A) shall be eligible for the exemption from local graduation requirements pursuant to this section once notified, even if that notification occurs after the termination of the courts jurisdiction over the pupil, if the pupil otherwise qualifies for the exemption pursuant to this section.
(2)(A)Within 30 calendar days of the date that a pupil who is a homeless child or youth who may qualify for the exemption from local graduation requirements pursuant to this section transfers into a school, the local educational agency shall notify the pupil, the person holding the right to make educational decisions for the pupil, and the local educational agency liaison for homeless children and youth designated pursuant to Section 11432(g)(1)(J)(ii) of Title 42 of the United States Code, of the availability of the exemption and whether the pupil qualifies for an exemption.
(B)If the local educational agency fails to provide timely notice pursuant to subparagraph (A), the pupil described in subparagraph (A) shall be eligible for the exemption from local graduation requirements pursuant to this section once notified, even if that notification occurs after the pupil is no longer a homeless child or youth, if the pupil otherwise qualifies for the exemption pursuant to this section.
(3)(A)Within 30 calendar days of the date that a former juvenile court school pupil who may qualify for the exemption from local graduation requirements pursuant to this section transfers into a school, the local educational agency shall notify the pupil, the person holding the right to make educational decisions for the pupil, and the pupils social worker or probation officer of the availability of the exemption and whether the pupil qualifies for an exemption.
(B)If the local educational agency fails to provide timely notice pursuant to subparagraph (A), the pupil described in subparagraph (A) shall be eligible for the exemption from local graduation requirements pursuant to this section once notified, even if that notification occurs after termination of the courts jurisdiction over the pupil, if the pupil otherwise qualifies for the exemption pursuant to this section.
(4)(A)Within 30 calendar days of the date that a pupil who is a child of a military family who may qualify for the exemption from local graduation requirements pursuant to this section transfers into a school, the local educational agency shall notify the pupil and the pupils parent or guardian of the availability of the exemption and whether the pupil qualifies for an exemption.
(B)If the local educational agency fails to provide timely notice pursuant to subparagraph (A), the pupil described in subparagraph (A) shall be eligible for the exemption from local graduation requirements pursuant to this section once notified, even if that notification occurs after the pupil no longer meets the definition of children of military families under Section 49701, if the pupil otherwise qualifies for the exemption pursuant to this section.
(5)(A)Within 30 calendar days of the date that a pupil who is a migratory child who may qualify for the exemption from local graduation requirements pursuant to this section transfers into a school, the local educational agency shall notify the pupil and the pupils parent or guardian of the availability of the exemption and whether the pupil qualifies for an exemption.
(B)If the local educational agency fails to provide timely notice pursuant to subparagraph (A), the pupil described in subparagraph (A) shall be eligible for the exemption from local graduation requirements pursuant to this section once notified, even if that notification occurs after the pupil no longer meets the definition of migratory child if the pupil otherwise qualifies for the exemption pursuant to this section.
(6)(A)Within 30 calendar days of the date that a pupil participating in a newcomer program who may qualify for the exemption from local graduation requirements pursuant to this section commences participation in a newcomer program at a school, the local educational agency shall notify the pupil and the pupils parent or guardian of the availability of the exemption and whether the pupil qualifies for an exemption.
(B)If the local educational agency fails to provide timely notice pursuant to subparagraph (A), the pupil described in subparagraph (A) shall be eligible for the exemption from local graduation requirements pursuant to this section once notified, even if that notification occurs after the pupil no longer meets the definition of a pupil participating in a newcomer program if the pupil otherwise qualifies for the exemption pursuant to this section.
(e)If a pupil in foster care, a pupil who is a homeless child or youth, a former juvenile court school pupil, a pupil who is a child of a military family, or a pupil who is a migratory child child, or a pupil participating in a newcomer program is exempted from local graduation requirements pursuant to this section and completes the statewide coursework requirements specified in Section 51225.3 before the end of his or her fourth year of high school and that pupil would otherwise be entitled to remain in attendance at the school, a school, including a charter school, or school district shall not require or request that the pupil graduate before the end of his or her fourth year of high school.
(f)If a pupil in foster care, a pupil who is a homeless child or youth, a former juvenile court school pupil, a pupil who is a child of a military family, or a pupil who is a migratory child child, or a pupil participating in a newcomer program is exempted from local graduation requirements pursuant to this section, the local educational agency shall notify the pupil and the person holding the right to make educational decisions for the pupil how any of the requirements that are waived will affect the pupils ability to gain admission to a postsecondary educational institution and shall provide information about transfer opportunities available through the California Community Colleges.
(g)A pupil in foster care, a pupil who is a homeless child or youth, a former juvenile court school pupil, a pupil who is a child of a military family, or a pupil who is a migratory child child, or a pupil participating in a newcomer program who is eligible for the exemption from local graduation requirements pursuant to this section and would otherwise be entitled to remain in attendance at the school shall not be required to accept the exemption or be denied enrollment in, or the ability to complete, courses for which he or she is otherwise eligible, including courses necessary to attend an institution of higher education, regardless of whether those courses are required for statewide graduation requirements.
(h)If a pupil in foster care, a pupil who is a homeless child or youth, a former juvenile court school pupil, a pupil who is a child of a military family, or a pupil who is amigratory child a migratory child, or a pupil participating in a newcomer program is not exempted from local graduation requirements or has previously declined the exemption pursuant to this section, a local educational agency shall exempt the pupil at any time if an exemption is requested by the pupil and the pupil qualifies for the exemption.
(i)If a pupil in foster care, a pupil who is a homeless child or youth, a former juvenile court school pupil, a pupil who is a child of a military family, or a pupil who is a migratory child child, or a pupil participating in a newcomer program is exempted from local graduation requirements pursuant to this section, a local educational agency shall not revoke the exemption.
(j)(1)If a pupil in foster care is exempted from local graduation requirements pursuant to this section, the exemption shall continue to apply after the termination of the courts jurisdiction over the pupil while he or she is enrolled in school or if the pupil transfers to another school, including a charter school, or school district.
(2)If a pupil who is a homeless child or youth is exempted from local graduation requirements pursuant to this section, the exemption shall continue to apply after the pupil is no longer a homeless child or youth while he or she is enrolled in school or if the pupil transfers to another school, including a charter school, or school district.
(3)If a former juvenile court school pupil is exempted from local graduation requirements pursuant to this section, the exemption shall continue to apply after the termination of the courts jurisdiction over the pupil while he or she is enrolled in school or if the pupil transfers to another school, including a charter school, or school district.
(4)If a pupil who is a child of a military family is exempted from local graduation requirements pursuant to this section, the exemption shall continue to apply after the pupil no longer meets the definition of children of military families under Section 49701 while he or she is enrolled in school or if the pupil transfers to another school, including a charter school, or school district.
(5)If a pupil who is a migratory child is exempted from local graduation requirements pursuant to this section, the exemption shall continue to apply after the pupil no longer meets the definition of migratory child while he or she is enrolled in school or if the pupil transfers to another school, including a charter school, or school district.
(6)If a pupil participating in a newcomer program is exempted from local graduation requirements pursuant to this section, the exemption shall continue to apply after the pupil no longer meets the definition of a pupil participating in a newcomer program while he or she is enrolled in school or if the pupil transfers to another school, including a charter school, or school district.
(k)A local educational agency shall not require or request a pupil in foster care, a pupil who is a homeless child or youth, a former juvenile court school pupil, a pupil who is a child of a military family, or a pupil who is a migratory child to transfer schools in order to qualify the pupil for an exemption pursuant to this section.
(l)(1)A pupil in foster care, the person holding the right to make educational decisions for the pupil, the pupils social worker, or the pupils probation officer shall not request a transfer solely to qualify the pupil for an exemption pursuant to this section.
(2)A pupil who is a homeless child or youth, the person holding the right to make educational decisions for the pupil, or the local educational agency liaison for homeless children and youth designated pursuant to Section 11432(g)(1)(J)(ii) of Title 42 of the United States Code, shall not request a transfer solely to qualify the pupil for an exemption pursuant to this section.
(3)A former juvenile court school pupil, the person holding the right to make educational decisions for the pupil, the pupils social worker, or the pupils probation officer shall not request a transfer solely to qualify the pupil for an exemption pursuant to this section.
(4)A pupil who is a child of a military family, or the pupils parent or guardian, shall not request a transfer solely to qualify the pupil for an exemption pursuant to this section.
(5)A pupil who is a migratory child, or the pupils parent or guardian, shall not request a transfer solely to qualify the pupil for an exemption pursuant to this section.
(m)(1)A complaint of noncompliance with the requirements of this section may be filed with the local educational agency under the Uniform Complaint Procedures set forth in Chapter 5.1 (commencing with Section 4600) of Division 1 of Title 5 of the California Code of Regulations.
(2)A complainant not satisfied with the decision of a local educational agency may appeal the decision to the department pursuant to Chapter 5.1 (commencing with Section 4600) of Division 1 of Title 5 of the California Code of Regulations and shall receive a written decision regarding the appeal within 60 days of the departments receipt of the appeal.
(3)If a local educational agency finds merit in a complaint, or the Superintendent finds merit in an appeal, the local educational agency shall provide a remedy to the affected pupil.
(4)Information regarding the requirements of this section shall be included in the annual notification distributed to, among others, pupils, parents or guardians of pupils, employees, and other interested parties pursuant to Section 4622 of Title 5 of the California Code of Regulations.
(n)For purposes of this section, the following terms have the following meanings:
(1)Governing body means the governing board of a school district or the governing body of a charter school, as applicable.
(2)Local educational agency means a school district or charter school.
SEC. 2.Section 51225.2 of the Education Code is amended to read:51225.2.(a)For purposes of this section, the following definitions apply:
(1)Pupil in foster care means a child who has been removed from his or her home pursuant to Section 309 of the Welfare and Institutions Code, is the subject of a petition filed under Section 300 or 602 of the Welfare and Institutions Code, or has been removed from his or her home and is the subject of a petition filed under Section 300 or 602 of the Welfare and Institutions Code.
(2)Pupil who is a homeless child or youth means a pupil who meets the definition of homeless child or youth in Section 11434a(2) of Title 42 of the United States Code.
(3)Former juvenile court school pupil means a pupil who, upon completion of the pupils second year of high school, transfers to a school district or charter school, excluding a school district operated by the Division of Juvenile Justice of the Department of Corrections and Rehabilitation, from a juvenile court school.
(4)Pupil who is a child of a military family means a pupil who meets the definition of children of military families under Section 49701.
(5)Pupil who is a migratory child means a pupil who meets the definition of currently migratory child under subdivision (a) of Section 54441 or former migratory child under subdivision (b) of Section 54441.
(6)Pupil participating in a newcomer program means a pupil who is participating in a program designed to meet the academic and transitional needs of newly arrived immigrant pupils that has as a primary objective the development of English language proficiency.
(6)(7)Local educational agency means a school district, county office of education, or charter school.
(b)(1)Notwithstanding any other law, a local educational agency shall accept coursework satisfactorily completed by a pupil in foster care, a pupil who is a homeless child or youth, a former juvenile court school pupil, a pupil who is a child of a military family, or a pupil who is a migratory child child, or a pupil participating in a newcomer program while attending another public school, a juvenile court school, a charter school, a school in a country other than the United States, or a nonpublic, nonsectarian school or agency even if the pupil did not complete the entire course and shall issue that pupil full or partial credit for the coursework completed.
(2)For purposes of coursework completed by a pupil who is a child of a military family, public school includes schools operated by the United States Department of Defense.
(c)The credits accepted pursuant to subdivision (b) shall be applied to the same or equivalent course, if applicable, as the coursework completed in the prior public school, juvenile court school, charter school, school in a country other than the United States, or nonpublic, nonsectarian school or agency.
(d)A local educational agency shall not require a pupil in foster care, a pupil who is a homeless child or youth, a former juvenile court school pupil, a pupil who is a child of a military family, or a pupil who is a migratory child child, or a pupil participating in a newcomer program to retake a course if the pupil has satisfactorily completed the entire course in a public school, a juvenile court school, a charter school, a school in a country other than the United States, or a nonpublic, nonsectarian school or agency. If the pupil did not complete the entire course, the local educational agency shall not require the pupil to retake the portion of the course the pupil completed unless the local educational agency, in consultation with the holder of educational rights for the pupil, finds that the pupil is reasonably able to complete the requirements in time to graduate from high school. When partial credit is awarded in a particular course, the pupil in foster care, the pupil who is a homeless child or youth, the former juvenile court school pupil, the pupil who is a child of a military family, or a the pupil who is a migratory child child, or the pupil participating in a newcomer program shall be enrolled in the same or equivalent course, if applicable, so that the pupil may continue and complete the entire course.
(e)A pupil in foster care, a pupil who is a homeless child or youth, a former juvenile court school pupil, a pupil who is a child of a military family, or the a pupil who is a migratory child child, or a pupil participating in a newcomer program shall not be prevented from retaking or taking a course to meet the eligibility requirements for admission to the California State University or the University of California.
(f)(1)A complaint of noncompliance with the requirements of this section may be filed with the local educational agency under the Uniform Complaint Procedures set forth in Chapter 5.1 (commencing with Section 4600) of Division 1 of Title 5 of the California Code of Regulations.
(2)A complainant not satisfied with the decision of a local educational agency may appeal the decision to the department pursuant to Chapter 5.1 (commencing with Section 4600) of Division 1 of Title 5 of the California Code of Regulations and shall receive a written decision regarding the appeal within 60 days of the departments receipt of the appeal.
(3)If a local educational agency finds merit in a complaint, or the Superintendent finds merit in an appeal, the local educational agency shall provide a remedy to the affected pupil.
(4)Information regarding the requirements of this section shall be included in the annual notification distributed to, among others, pupils, parents or guardians of pupils, employees, and other interested parties pursuant to Section 4622 of Title 5 of the California Code of Regulations.
SEC. 3.If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.
(a)Notwithstanding any other law, a school district local educational agency, as defined in subdivision (n), shall exempt a pupil in foster care, as defined in Section 51225.2, a pupil who is a homeless child or youth, as defined in Section 11434a(2) of Title 42 of the United States Code, a former juvenile court school pupil, as defined in Section 51225.2, a pupil who is a child of a military family, as defined in Section 49701, or a pupil who is a currently migratory child, as defined in subdivisions (a) and (b) of Section 54441, who transfers between schools any time after the completion of the pupils second year of high school from all coursework and other requirements adopted by the governing board of the school district body that are in addition to the statewide coursework requirements specified in Section 51225.3, unless the school district local educational agency makes a finding that the pupil is reasonably able to complete the school districts local educational agencys graduation requirements in time to graduate from high school by the end of the pupils fourth year of high school.
(b)If the school district local educational agency determines that the pupil in foster care, the pupil who is a homeless child or youth, the former juvenile court school pupil, the pupil who is a child of a military family, or a pupil who is a currently migratory child is reasonably able to complete the school districts local educational agencys graduation requirements within the pupils fifth year of high school, the school district local educational agency shall do all of the following:
(1)Inform the pupil of his or her option to remain in school for a fifth year to complete the school districts local educational agencys graduation requirements.
(2)Inform the pupil, and the person holding the right to make educational decisions for the pupil, about how remaining in school for a fifth year to complete the school districts local educational agencys graduation requirements will affect the pupils ability to gain admission to a postsecondary educational institution.
(3)Provide information to the pupil about transfer opportunities available through the California Community Colleges.
(4)Permit the pupil to stay in school for a fifth year to complete the school districts local educational agencys graduation requirements upon agreement with the pupil, if the pupil is 18 years of age or older, or, if the pupil is under 18 years of age, upon agreement with the person holding the right to make educational decisions for the pupil.
(c)To determine whether a pupil in foster care, a pupil who is a homeless child or youth, a former juvenile court school pupil, a pupil who is a child of a military family, or a pupil who is a currently migratory child is in the third or fourth year of high school, either the number of credits the pupil has earned to the date of transfer or the length of the pupils school enrollment may be used, whichever will qualify the pupil for the exemption.
(d)(1)(A)Within 30 calendar days of the date that a pupil in foster care who may qualify for the exemption from local graduation requirements pursuant to this section transfers into a school, the school district local educational agency shall notify the pupil, the person holding the right to make educational decisions for the pupil, and the pupils social worker or probation officer of the availability of the exemption and whether the pupil qualifies for an exemption.
(B)If the school district local educational agency fails to provide timely notice pursuant to subparagraph (A), the pupil described in subparagraph (A) shall be eligible for the exemption from local graduation requirements pursuant to this section once notified, even if that notification occurs after the termination of the courts jurisdiction over the pupil, if the pupil otherwise qualifies for the exemption pursuant to this section.
(2)(A)Within 30 calendar days of the date that a pupil who is a homeless child or youth who may qualify for the exemption from local graduation requirements pursuant to this section transfers into a school, the school district local educational agency shall notify the pupil, the person holding the right to make educational decisions for the pupil, and the local educational agency liaison for homeless children and youth designated pursuant to Section 11432(g)(1)(J)(ii) of Title 42 of the United States Code, of the availability of the exemption and whether the pupil qualifies for an exemption.
(B)If the school district local educational agency fails to provide timely notice pursuant to subparagraph (A), the pupil described in subparagraph (A) shall be eligible for the exemption from local graduation requirements pursuant to this section once notified, even if that notification occurs after the pupil is no longer a homeless child or youth, if the pupil otherwise qualifies for the exemption pursuant to this section.
(3)(A)Within 30 calendar days of the date that a former juvenile court school pupil who may qualify for the exemption from local graduation requirements pursuant to this section transfers into a school, the school district local educational agency shall notify the pupil, the person holding the right to make educational decisions for the pupil, and the pupils social worker or probation officer of the availability of the exemption and whether the pupil qualifies for an exemption.
(B)If the school district local educational agency fails to provide timely notice pursuant to subparagraph (A), the pupil described in subparagraph (A) shall be eligible for the exemption from local graduation requirements pursuant to this section once notified, even if that notification occurs after termination of the courts jurisdiction over the pupil, if the pupil otherwise qualifies for the exemption pursuant to this section.
(4)(A)Within 30 calendar days of the date that a pupil who is a child of a military family who may qualify for the exemption from local graduation requirements pursuant to this section transfers into a school, the school district local educational agency shall notify the pupil and the pupils parent or guardian of the availability of the exemption and whether the pupil qualifies for an exemption.
(B)If the school district local educational agency fails to provide timely notice pursuant to subparagraph (A), the pupil described in subparagraph (A) shall be eligible for the exemption from local graduation requirements pursuant to this section once notified, even if that notification occurs after the pupil no longer meets the definition of children of military families under Section 49701, if the pupil otherwise qualifies for the exemption pursuant to this section.
(5)(A)Within 30 calendar days of the date that a pupil who is a currently migratory child who may qualify for the exemption from local graduation requirements pursuant to this section transfers into a school, the school district local educational agency shall notify the pupil and the pupils parent or guardian of the availability of the exemption and whether the pupil qualifies for an exemption.
(B)If the school district local educational agency fails to provide timely notice pursuant to subparagraph (A), the pupil described in subparagraph (A) shall be eligible for the exemption from local graduation requirements pursuant to this section once notified, even if that notification occurs after the pupil no longer meets the definition of currently migratory migratory child under Section 54441, if the pupil otherwise qualifies for the exemption pursuant to this section.
(e)If a pupil in foster care, a pupil who is a homeless child or youth, a former juvenile court school pupil, a pupil who is a child of a military family, or a pupil who is a currently migratory child is exempted from local graduation requirements pursuant to this section and completes the statewide coursework requirements specified in Section 51225.3 before the end of his or her fourth year of high school and that pupil would otherwise be entitled to remain in attendance at the school, a school school, including a charter school, or school district shall not require or request that the pupil graduate before the end of his or her fourth year of high school.
(f)If a pupil in foster care, a pupil who is a homeless child or youth, a former juvenile court school pupil, a pupil who is a child of a military family, or a pupil who is a currently migratory child is exempted from local graduation requirements pursuant to this section, the school district local educational agency shall notify the pupil and the person holding the right to make educational decisions for the pupil how any of the requirements that are waived will affect the pupils ability to gain admission to a postsecondary educational institution and shall provide information about transfer opportunities available through the California Community Colleges.
(g)A pupil in foster care, a pupil who is a homeless child or youth, a former juvenile court school pupil, a pupil who is a child of a military family, or a pupil who is a currently migratory child who is eligible for the exemption from local graduation requirements pursuant to this section and would otherwise be entitled to remain in attendance at the school shall not be required to accept the exemption or be denied enrollment in, or the ability to complete, courses for which he or she is otherwise eligible, including courses necessary to attend an institution of higher education, regardless of whether those courses are required for statewide graduation requirements.
(h)If a pupil in foster care, a pupil who is a homeless child or youth, a former juvenile court school pupil, a pupil who is a child of a military family, or a pupil who is a currentlymigratory child is not exempted from local graduation requirements or has previously declined the exemption pursuant to this section, a school district local educational agency shall exempt the pupil at any time if an exemption is requested by the pupil and the pupil qualifies for the exemption.
(i)If a pupil in foster care, a pupil who is a homeless child or youth, a former juvenile court school pupil, a pupil who is a child of a military family, or a pupil who is a currently migratory child is exempted from local graduation requirements pursuant to this section, a school district local educational agency shall not revoke the exemption.
(j)(1)If a pupil in foster care is exempted from local graduation requirements pursuant to this section, the exemption shall continue to apply after the termination of the courts jurisdiction over the pupil while he or she is enrolled in school or if the pupil transfers to another school school, including a charter school, or school district.
(2)If a pupil who is a homeless child or youth is exempted from local graduation requirements pursuant to this section, the exemption shall continue to apply after the pupil is no longer a homeless child or youth while he or she is enrolled in school or if the pupil transfers to another school school, including a charter school, or school district.
(3)If a former juvenile court school pupil is exempted from local graduation requirements pursuant to this section, the exemption shall continue to apply after the termination of the courts jurisdiction over the pupil while he or she is enrolled in school or if the pupil transfers to another school school, including a charter school, or school district.
(4)If a pupil who is a child of a military family is exempted from local graduation requirements pursuant to this section, the exemption shall continue to apply after the pupil no longer meets the definition of children of military families under Section 49701 while he or she is enrolled in school or if the pupil transfers to another school school, including a charter school, or school district.
(5)If a pupil who is a currently migratory child is exempted from local graduation requirements pursuant to this section, the exemption shall continue to apply after the pupil no longer meets the definition of currently migratory migratory child under Section 54441 while he or she is enrolled in school or if the pupil transfers to another school school, including a charter school, or school district.
(k)A school district local educational agency shall not require or request a pupil in foster care, a pupil who is a homeless child or youth, a former juvenile court school pupil, a pupil who is a child of a military family, or a pupil who is a currently migratory child to transfer schools in order to qualify the pupil for an exemption pursuant to this section.
(l)(1)A pupil in foster care, the person holding the right to make educational decisions for the pupil, the pupils social worker, or the pupils probation officer shall not request a transfer solely to qualify the pupil for an exemption pursuant to this section.
(2)A pupil who is a homeless child or youth, the person holding the right to make educational decisions for the pupil, or the local educational agency liaison for homeless children and youth designated pursuant to Section 11432(g)(1)(J)(ii) of Title 42 of the United States Code, shall not request a transfer solely to qualify the pupil for an exemption pursuant to this section.
(3)A former juvenile court school pupil, the person holding the right to make educational decisions for the pupil, the pupils social worker, or the pupils probation officer shall not request a transfer solely to qualify the pupil for an exemption pursuant to this section.
(4)A pupil who is a child of a military family, or the pupils parent or guardian, shall not request a transfer solely to qualify the pupil for an exemption pursuant to this section.
(5)A pupil who is a currently migratory child, or the pupils parent or guardian, shall not request a transfer solely to qualify the pupil for an exemption pursuant to this section.
(m)(1)A complaint of noncompliance with the requirements of this section may be filed with the local educational agency under the Uniform Complaint Procedures set forth in Chapter 5.1 (commencing with Section 4600) of Division 1 of Title 5 of the California Code of Regulations.
(2)A complainant not satisfied with the decision of a local educational agency may appeal the decision to the department pursuant to Chapter 5.1 (commencing with Section 4600) of Division 1 of Title 5 of the California Code of Regulations and shall receive a written decision regarding the appeal within 60 days of the departments receipt of the appeal.
(3)If a local educational agency finds merit in a complaint, or the Superintendent finds merit in an appeal, the local educational agency shall provide a remedy to the affected pupil.
(4)Information regarding the requirements of this section shall be included in the annual notification distributed to, among others, pupils, parents or guardians of pupils, employees, and other interested parties pursuant to Section 4622 of Title 5 of the California Code of Regulations.
(n)For purposes of this section, the following terms have the following meanings:
(1)Governing body means the governing board of a school district or the governing body of a charter school, as applicable.
(2)Local educational agency means a school district or charter school.
SEC. 2.Section 51225.2 of the Education Code is amended to read:51225.2.(a)For purposes of this section, the following definitions apply:
(1)Pupil in foster care means a child who has been removed from his or her home pursuant to Section 309 of the Welfare and Institutions Code, is the subject of a petition filed under Section 300 or 602 of the Welfare and Institutions Code, or has been removed from his or her home and is the subject of a petition filed under Section 300 or 602 of the Welfare and Institutions Code.
(2)Pupil who is a homeless child or youth means a pupil who meets the definition of homeless child or youth in Section 11434a(2) of Title 42 of the United States Code.
(3)Former juvenile court school pupil means a pupil who, upon completion of the pupils second year of high school, transfers to a school district, district or charter school, excluding a school district operated by the Division of Juvenile Justice of the Department of Corrections and Rehabilitation, from a juvenile court school.
(4)Pupil who is a child of a military family means a pupil who meets the definition of children of military families under Section 49701.
(5)Pupil who is a currently migratory child means a pupil who meets the definition of currently migratory child under subdivision (a) of Section 54441 or former migratory child under subdivision (b) of Section 54441.
(6)Local educational agency means a school district, county office of education, or charter school.
(b)(1)Notwithstanding any other law, a school district and county office of education local educational agency shall accept coursework satisfactorily completed by a pupil in foster care, a pupil who is a homeless child or youth, a former juvenile court school pupil, a pupil who is a child of a military family, or a pupil who is a currently migratory child while attending another public school, a juvenile court school, a charter school, or a nonpublic, nonsectarian school or agency even if the pupil did not complete the entire course and shall issue that pupil full or partial credit for the coursework completed.
(2)For purposes of coursework completed by a pupil who is a child of a military family, public school includes schools operated by the United States Department of Defense.
(c)The credits accepted pursuant to subdivision (b) shall be applied to the same or equivalent course, if applicable, as the coursework completed in the prior public school, juvenile court school, charter school, or nonpublic, nonsectarian school or agency.
(d)A school district or county office of education local educational agency shall not require a pupil in foster care, a pupil who is a homeless child or youth, a former juvenile court school pupil, a pupil who is a child of a military family, or a pupil who is a currently migratory child to retake a course if the pupil has satisfactorily completed the entire course in a public school, a juvenile court school, charter school, or a nonpublic, nonsectarian school or agency. If the pupil did not complete the entire course, the school district or county office of education local educational agency shall not require the pupil to retake the portion of the course the pupil completed unless the school district or county office of education, local educational agency, in consultation with the holder of educational rights for the pupil, finds that the pupil is reasonably able to complete the requirements in time to graduate from high school. When partial credit is awarded in a particular course, the pupil in foster care, the pupil who is a homeless child or youth, the former juvenile court school pupil, the pupil who is a child of a military family, or a pupil who is a currently migratory child shall be enrolled in the same or equivalent course, if applicable, so that the pupil may continue and complete the entire course.
(e)A pupil in foster care, a pupil who is a homeless child or youth, a former juvenile court school pupil, a pupil who is a child of a military family, or the pupil who is a currently migratory child shall not be prevented from retaking or taking a course to meet the eligibility requirements for admission to the California State University or the University of California.
(f)(1)A complaint of noncompliance with the requirements of this section may be filed with the local educational agency under the Uniform Complaint Procedures set forth in Chapter 5.1 (commencing with Section 4600) of Division 1 of Title 5 of the California Code of Regulations.
(2)A complainant not satisfied with the decision of a local educational agency may appeal the decision to the department pursuant to Chapter 5.1 (commencing with Section 4600) of Division 1 of Title 5 of the California Code of Regulations and shall receive a written decision regarding the appeal within 60 days of the departments receipt of the appeal.
(3)If a local educational agency finds merit in a complaint, or the Superintendent finds merit in an appeal, the local educational agency shall provide a remedy to the affected pupil.
(4)Information regarding the requirements of this section shall be included in the annual notification distributed to, among others, pupils, parents or guardians of pupils, employees, and other interested parties pursuant to Section 4622 of Title 5 of the California Code of Regulations.
SEC. 3.If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.
(a)Notwithstanding any other law, a school district shall exempt a pupil in foster care, as defined in Section 51225.2, a pupil who is a homeless child or youth, as defined in Section 11434a(2) of Title 42 of the United States Code, a former juvenile court school pupil, as defined in Section 51225.2, or a pupil who is a child of a military family, as defined in Section 49701, or a pupil who is a currently migratory child, as defined in Section 54441, who transfers between schools any time after the completion of the pupils second year of high school from all coursework and other requirements adopted by the governing board of the school district that are in addition to the statewide coursework requirements specified in Section 51225.3, unless the school district makes a finding that the pupil is reasonably able to complete the school districts graduation requirements in time to graduate from high school by the end of the pupils fourth year of high school.
(b)If the school district determines that the pupil in foster care, the pupil who is a homeless child or youth, the former juvenile court school pupil, or the pupil who is a child of a military family family, or a pupil who is a currently migratory child is reasonably able to complete the school districts graduation requirements within the pupils fifth year of high school, the school district shall do all of the following:
(1)Inform the pupil of his or her option to remain in school for a fifth year to complete the school districts graduation requirements.
(2)Inform the pupil, and the person holding the right to make educational decisions for the pupil, about how remaining in school for a fifth year to complete the school districts graduation requirements will affect the pupils ability to gain admission to a postsecondary educational institution.
(3)Provide information to the pupil about transfer opportunities available through the California Community Colleges.
(4)Permit the pupil to stay in school for a fifth year to complete the school districts graduation requirements upon agreement with the pupil, if the pupil is 18 years of age or older, or, if the pupil is under 18 years of age, upon agreement with the person holding the right to make educational decisions for the pupil.
(c)To determine whether a pupil in foster care, a pupil who is a homeless child or youth, a former juvenile court school pupil, or a pupil who is a child of a military family family, or a pupil who is a currently migratory child is in the third or fourth year of high school, either the number of credits the pupil has earned to the date of transfer or the length of the pupils school enrollment may be used, whichever will qualify the pupil for the exemption.
(d)(1)(A)Within 30 calendar days of the date that a pupil in foster care who may qualify for the exemption from local graduation requirements pursuant to this section transfers into a school, the school district shall notify the pupil, the person holding the right to make educational decisions for the pupil, and the pupils social worker or probation officer of the availability of the exemption and whether the pupil qualifies for an exemption.
(B)If the school district fails to provide timely notice pursuant to subparagraph (A), the pupil described in subparagraph (A) shall be eligible for the exemption from local graduation requirements pursuant to this section once notified, even if that notification occurs after the termination of the courts jurisdiction over the pupil, if the pupil otherwise qualifies for the exemption pursuant to this section.
(2)(A)Within 30 calendar days of the date that a pupil who is a homeless child or youth who may qualify for the exemption from local graduation requirements pursuant to this section transfers into a school, the school district shall notify the pupil, the person holding the right to make educational decisions for the pupil, and the local educational agency liaison for homeless children and youth designated pursuant to Section 11432(g)(1)(J)(ii) of Title 42 of the United States Code, of the availability of the exemption and whether the pupil qualifies for an exemption.
(B)If the school district fails to provide timely notice pursuant to subparagraph (A), the pupil described in subparagraph (A) shall be eligible for the exemption from local graduation requirements pursuant to this section once notified, even if that notification occurs after the pupil is no longer a homeless child or youth, if the pupil otherwise qualifies for the exemption pursuant to this section.
(3)(A)Within 30 calendar days of the date that a former juvenile court school pupil who may qualify for the exemption from local graduation requirements pursuant to this section transfers into a school, the school district shall notify the pupil, the person holding the right to make educational decisions for the pupil, and the pupils social worker or probation officer of the availability of the exemption and whether the pupil qualifies for an exemption.
(B)If the school district fails to provide timely notice pursuant to subparagraph (A), the pupil described in subparagraph (A) shall be eligible for the exemption from local graduation requirements pursuant to this section once notified, even if that notification occurs after termination of the courts jurisdiction over the pupil, if the pupil otherwise qualifies for the exemption pursuant to this section.
(4)(A)Within 30 calendar days of the date that a pupil who is a child of a military family who may qualify for the exemption from local graduation requirements pursuant to this section transfers into a school, the school district shall notify the pupil and the pupils parent or guardian of the availability of the exemption and whether the pupil qualifies for an exemption.
(B)If the school district fails to provide timely notice pursuant to subparagraph (A), the pupil described in subparagraph (A) shall be eligible for the exemption from local graduation requirements pursuant to this section once notified, even if that notification occurs after the pupil no longer meets the definition of children of military families under Section 49701, if the pupil otherwise qualifies for the exemption pursuant to this section.
(5)(A)Within 30 calendar days of the date that a pupil who is a currently migratory child who may qualify for the exemption from local graduation requirements pursuant to this section transfers into a school, the school district shall notify the pupil and the pupils parent or guardian of the availability of the exemption and whether the pupil qualifies for an exemption.
(B)If the school district fails to provide timely notice pursuant to subparagraph (A), the pupil described in subparagraph (A) shall be eligible for the exemption from local graduation requirements pursuant to this section once notified, even if that notification occurs after the pupil no longer meets the definition of currently migratory child under Section 54441, if the pupil otherwise qualifies for the exemption pursuant to this section.
(e)If a pupil in foster care, a pupil who is a homeless child or youth, a former juvenile court school pupil, or a pupil who is a child of a military family family, or a pupil who is a currently migratory child is exempted from local graduation requirements pursuant to this section and completes the statewide coursework requirements specified in Section 51225.3 before the end of his or her fourth year of high school and that pupil would otherwise be entitled to remain in attendance at the school, a school or school district shall not require or request that the pupil graduate before the end of his or her fourth year of high school.
(f)If a pupil in foster care, a pupil who is a homeless child or youth, a former juvenile court school pupil, or a pupil who is a child of a military family family, or a pupil who is a currently migratory child is exempted from local graduation requirements pursuant to this section, the school district shall notify the pupil and the person holding the right to make educational decisions for the pupil how any of the requirements that are waived will affect the pupils ability to gain admission to a postsecondary educational institution and shall provide information about transfer opportunities available through the California Community Colleges.
(g)A pupil in foster care, a pupil who is a homeless child or youth, a former juvenile court school pupil, or a pupil who is a child of a military family family, or a pupil who is a currently migratory child who is eligible for the exemption from local graduation requirements pursuant to this section and would otherwise be entitled to remain in attendance at the school shall not be required to accept the exemption or be denied enrollment in, or the ability to complete, courses for which he or she is otherwise eligible, including courses necessary to attend an institution of higher education, regardless of whether those courses are required for statewide graduation requirements.
(h)If a pupil in foster care, a pupil who is a homeless child or youth, a former juvenile court school pupil, or a pupil who is a child of a military family family, or a pupil who is a currently migratory child is not exempted from local graduation requirements or has previously declined the exemption pursuant to this section, a school district shall exempt the pupil at any time if an exemption is requested by the pupil and the pupil qualifies for the exemption.
(i)If a pupil in foster care, a pupil who is a homeless child or youth, a former juvenile court school pupil, or a pupil who is a child of a military family family, or a pupil who is a currently migratory child is exempted from local graduation requirements pursuant to this section, a school district shall not revoke the exemption.
(j)(1)If a pupil in foster care is exempted from local graduation requirements pursuant to this section, the exemption shall continue to apply after the termination of the courts jurisdiction over the pupil while he or she is enrolled in school or if the pupil transfers to another school or school district.
(2)If a pupil who is a homeless child or youth is exempted from local graduation requirements pursuant to this section, the exemption shall continue to apply after the pupil is no longer a homeless child or youth while he or she is enrolled in school or if the pupil transfers to another school or school district.
(3)If a former juvenile court school pupil is exempted from local graduation requirements pursuant to this section, the exemption shall continue to apply after the termination of the courts jurisdiction over the pupil while he or she is enrolled in school or if the pupil transfers to another school or school district.
(4)If a pupil who is a child of a military family is exempted from local graduation requirements pursuant to this section, the exemption shall continue to apply after the pupil no longer meets the definition of children of military families under Section 49701 while he or she is enrolled in school or if the pupil transfers to another school or school district.
(5)If a pupil who is a currently migratory child is exempted from local graduation requirements pursuant to this section, the exemption shall continue to apply after the pupil no longer meets the definition of currently migratory child under Section 54441 while he or she is enrolled in school or if the pupil transfers to another school or school district.
(k)A school district shall not require or request a pupil in foster care, a pupil who is a homeless child or youth, a former juvenile court school pupil, or a pupil who is a child of a military family family, or a pupil who is a currently migratory child to transfer schools in order to qualify the pupil for an exemption pursuant to this section.
(l)(1)A pupil in foster care, the person holding the right to make educational decisions for the pupil, the pupils social worker, or the pupils probation officer shall not request a transfer solely to qualify the pupil for an exemption pursuant to this section.
(2)A pupil who is a homeless child or youth, the person holding the right to make educational decisions for the pupil, or the local educational agency liaison for homeless children and youth designated pursuant to Section 11432(g)(1)(J)(ii) of Title 42 of the United States Code, shall not request a transfer solely to qualify the pupil for an exemption pursuant to this section.
(3)A former juvenile court school pupil, the person holding the right to make educational decisions for the pupil, the pupils social worker, or the pupils probation officer shall not request a transfer solely to qualify the pupil for an exemption pursuant to this section.
(4)A pupil who is a child of a military family, or the pupils parent or guardian, shall not request a transfer solely to qualify the pupil for an exemption pursuant to this section.
(5)A pupil who is a currently migratory child, or the pupils parent or guardian, shall not request a transfer solely to qualify the pupil for an exemption pursuant to this section.
(m)(1)A complaint of noncompliance with the requirements of this section may be filed with the local educational agency under the Uniform Complaint Procedures set forth in Chapter 5.1 (commencing with Section 4600) of Division 1 of Title 5 of the California Code of Regulations.
(2)A complainant not satisfied with the decision of a local educational agency may appeal the decision to the department pursuant to Chapter 5.1 (commencing with Section 4600) of Division 1 of Title 5 of the California Code of Regulations and shall receive a written decision regarding the appeal within 60 days of the departments receipt of the appeal.
(3)If a local educational agency finds merit in a complaint, or the Superintendent finds merit in an appeal, the local educational agency shall provide a remedy to the affected pupil.
(4)Information regarding the requirements of this section shall be included in the annual notification distributed to, among others, pupils, parents or guardians of pupils, employees, and other interested parties pursuant to Section 4622 of Title 5 of the California Code of Regulations.
SEC. 2.Section 51225.2 of the Education Code is amended to read:51225.2.(a)For purposes of this section, the following definitions apply:
(1)Pupil in foster care means a child who has been removed from his or her home pursuant to Section 309 of the Welfare and Institutions Code, is the subject of a petition filed under Section 300 or 602 of the Welfare and Institutions Code, or has been removed from his or her home and is the subject of a petition filed under Section 300 or 602 of the Welfare and Institutions Code.
(2)Pupil who is a homeless child or youth means a pupil who meets the definition of homeless child or youth in Section 11434a(2) of Title 42 of the United States Code.
(3)Former juvenile court school pupil means a pupil who, upon completion of the pupils second year of high school, transfers to a school district, excluding a school district operated by the Division of Juvenile Justice of the Department of Corrections and Rehabilitation, from a juvenile court school.
(4)Pupil who is a child of a military family means a pupil who meets the definition of children of military families under Section 49701.
(5)Pupil who is a currently migratory child means a pupil who meets the definition of currently migratory child under Section 54441.
(b)(1)Notwithstanding any other law, a school district and county office of education shall accept coursework satisfactorily completed by a pupil in foster care, a pupil who is a homeless child or youth, a former juvenile court school pupil, or a pupil who is a child of a military family family, or a pupil who is a currently migratory child while attending another public school, a juvenile court school, or a nonpublic, nonsectarian school or agency even if the pupil did not complete the entire course and shall issue that pupil full or partial credit for the coursework completed.
(2)For purposes of coursework completed by a pupil who is a child of a military family, public school includes schools operated by the United States Department of Defense.
(c)The credits accepted pursuant to subdivision (b) shall be applied to the same or equivalent course, if applicable, as the coursework completed in the prior public school, juvenile court school, or nonpublic, nonsectarian school or agency.
(d)A school district or county office of education shall not require a pupil in foster care, a pupil who is a homeless child or youth, a former juvenile court school pupil, or a pupil who is a child of a military family family, or a pupil who is a currently migratory child to retake a course if the pupil has satisfactorily completed the entire course in a public school, a juvenile court school, or a nonpublic, nonsectarian school or agency. If the pupil did not complete the entire course, the school district or county office of education shall not require the pupil to retake the portion of the course the pupil completed unless the school district or county office of education, in consultation with the holder of educational rights for the pupil, finds that the pupil is reasonably able to complete the requirements in time to graduate from high school. When partial credit is awarded in a particular course, the pupil in foster care, the pupil who is a homeless child or youth, the former juvenile court school pupil, or the pupil who is a child of a military family family, or a pupil who is a currently migratory child shall be enrolled in the same or equivalent course, if applicable, so that the pupil may continue and complete the entire course.
(e)A pupil in foster care, a pupil who is a homeless child or youth, a former juvenile court school pupil, or a pupil who is a child of a military family family, or the pupil who is a currently migratory child shall not be prevented from retaking or taking a course to meet the eligibility requirements for admission to the California State University or the University of California.
(f)(1)A complaint of noncompliance with the requirements of this section may be filed with the local educational agency under the Uniform Complaint Procedures set forth in Chapter 5.1 (commencing with Section 4600) of Division 1 of Title 5 of the California Code of Regulations.
(2)A complainant not satisfied with the decision of a local educational agency may appeal the decision to the department pursuant to Chapter 5.1 (commencing with Section 4600) of Division 1 of Title 5 of the California Code of Regulations and shall receive a written decision regarding the appeal within 60 days of the departments receipt of the appeal.
(3)If a local educational agency finds merit in a complaint, or the Superintendent finds merit in an appeal, the local educational agency shall provide a remedy to the affected pupil.
(4)Information regarding the requirements of this section shall be included in the annual notification distributed to, among others, pupils, parents or guardians of pupils, employees, and other interested parties pursuant to Section 4622 of Title 5 of the California Code of Regulations.
SEC. 3.If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.
|
Date
|
Status
|
|---|---|
| Sep 20, 2018 | Chaptered by Secretary of State - Chapter 581, Statutes of 2018. |
| Sep 20, 2018 | Approved by the Governor. |
| Sep 5, 2018 | Enrolled and presented to the Governor at 3 p.m. |
| Aug 27, 2018 | Senate amendments concurred in. To Engrossing and Enrolling. |
| Aug 22, 2018 | In Assembly. Concurrence in Senate amendments pending. May be considered on or after August 24 pursuant to Assembly Rule 77. |
| Aug 21, 2018 | Read third time. Passed. Ordered to the Assembly. |
| Aug 20, 2018 | Read second time. Ordered to third reading. |
| Aug 17, 2018 | From committee: Amend, and do pass as amended. (Ayes 7. Noes 0.) (August 16). |
| Jun 25, 2018 | In committee: Referred to APPR. suspense file. |
| Jun 6, 2018 | From committee: Do pass and re-refer to Com. on APPR. with recommendation: To Consent Calendar. (Ayes 6. Noes 0.) (June 6). Re-referred to Com. on APPR. |
| May 23, 2018 | From committee chair, with author's amendments: Amend, and re-refer to committee. Read second time, amended, and re-referred to Com. on ED. |
| May 10, 2018 | Referred to Com. on ED. |
| Apr 30, 2018 | In Senate. Read first time. To Com. on RLS. for assignment. |
| Apr 30, 2018 | Read third time. Passed. Ordered to the Senate. |
| Apr 19, 2018 | Read second time. Ordered to third reading. |
| Apr 18, 2018 | From committee: Do pass. (Ayes 12. Noes 0.) (April 18). |
| Apr 9, 2018 | Re-referred to Com. on APPR. |
| Apr 5, 2018 | Read second time and amended. |
| Apr 4, 2018 | From committee: Amend, and do pass as amended and re-refer to Com. on APPR. (Ayes 6. Noes 0.) (March 21). |
| Feb 22, 2018 | Referred to Com. on ED. |
| Feb 9, 2018 | From printer. May be heard in committee March 11. |
| Feb 8, 2018 | Read first time. To print. |
|
Date
|
Description
|
Location
|
Votes
|
|
|---|---|---|---|---|
| Aug 27, 2018 | AB 2121 CABALLERO Concurrence in Senate Amendments | Assembly Floor |
Passed |
|
| Aug 21, 2018 | Assembly 3rd Reading AB2121 Caballero By Hueso | Senate Floor |
Passed |
|
| Aug 16, 2018 | Do pass as amended | Senate Standing Committee on Appropriations |
Passed |
|
| Jun 25, 2018 | Placed on suspense file | Senate Standing Committee on Appropriations |
Passed |
|
| Jun 6, 2018 | Do pass, but first be re-referred to the Committee on [Appropriations] with the recommendation: To Consent Calendar | Senate Standing Committee on Education |
Passed |
|
| Apr 30, 2018 | AB 2121 CABALLERO Assembly Third Reading | Assembly Floor |
Passed |
|
| Apr 18, 2018 | Do pass. | Assembly Standing Committee on Appropriations |
Passed |
|
| Mar 21, 2018 | Do pass as amended and be re-referred to the Committee on [Appropriations] | Assembly Standing Committee on Education |
Passed |
This list shows positions taken on this bill by organizations on the date displayed, which is linked to the original source.
Positions by individuals are not included.
|
Organization
|
Position
|
Date
|
|---|---|---|
| Alliance for Children's Rights | ** Support | Aug 20, 2018 |
| American Academy of Pediatrics | ** Support | Aug 20, 2018 |
| Association Of California School Administrators | ** Support | Aug 20, 2018 |
| Bay Area Student Activists | ** Support | Aug 20, 2018 |
| California Association For Bilingual Education | ** Support | Aug 20, 2018 |
| California Immigrant Policy Center | ** Support | Aug 20, 2018 |
| California School Boards Association | ** Support | Aug 20, 2018 |
| California Teachers Association | ** Support | Aug 20, 2018 |
| California Together | * Indeterminate | Mar 21, 2018 |
| Californians Together | ** Support | Mar 19, 2018 |
| Californians Together Coalition | ** Support | Aug 20, 2018 |
| Carlston Family Foundation | ** Support | Aug 20, 2018 |
| Common Sense Kids Action | ** Support | Aug 20, 2018 |
| Fresno Interdenominational Refugee Ministries | ** Support | Aug 20, 2018 |
| National Association of Social Workers | ** Support | Aug 20, 2018 |
| Riverside County Office Of Education | ** Support | Aug 20, 2018 |
| San Francisco Unified School District | ** Support | Aug 20, 2018 |
| Santa Clara County Office Of Education | ** Support | Aug 20, 2018 |
| Several individuals | ** Support | Aug 20, 2018 |
| Teach Plus | ** Support | Aug 20, 2018 |
| United Farm Workers | ** Support | Aug 20, 2018 |
CONCURRENCE IN SENATE AMENDMENTS
CSA1 Bill Id:AB 2121
Author:(Caballero)
As Amended Ver:August 17, 2018
Majority vote
ASSEMBLY: | 73-1 | (April 30, 2018) | SENATE: | 39-0 | (August 21, 2018) |
Original Committee Reference: ED.
SUMMARY: Extends to migrant students and students enrolled in newcomer programs certain rights currently afforded to other groups of highly mobile students regarding exemptions from local graduation requirements and acceptance of partial credit, and clarifies that these requirements apply to charter schools.
The Senate amendments:
- Exclude formerly migratory students from the requirements of this bill.
- Extend the rights granted to migrant students by this measure, including exemption from local graduation requirements under specified circumstances, to students enrolled in programs designed for newly arrived immigrant students who are in their third of fourth year of high school.
- Require that coursework completed in another country by the students to whom these rights apply to be accepted for full or partial credit and not require the retaking of such a course.
FISCAL EFFECT: According to the Senate Appropriations Committee:
- Unknown, potentially significant ongoing reimbursable state mandated costs for local educational agencies (LEAs) to modify procedures for determining which students are exempt, notifying the appropriate parties, providing guidance regarding the bill's requirements, and to investigate and resolve complaints. LEAs would also incur one-time costs to update the annual uniform complaint procedures notice. See staff comments.
- Likely minor increase in average daily attendance funding, to the extent that students affected by this measure decide to continue to attend high school for a 5th year.
COMMENTS:
Need for the bill. The author's office states: "The Legislature has recognized the importance of supporting students who move often between districts in order to help them graduate from high school and has passed legislation for that purpose. Migrant students often change schools and as a result experience educational disruptions that make it difficult to earn credits and meet local graduation requirements. Migrant students are some of the most vulnerable students and face a greater risk of failing to graduate from high school due to family relocation. They should be supported in their path towards graduation by extending the same rights given to other highly mobile students."
Analysis Prepared by: Tanya Lieberman / ED. / (916) 319-2087 FN: 0004480
Office of Senate Floor Analyses (916) 651-1520 Fax: (916) 327-4478 | AB |
THIRD READING
Bill No: AB 2121
:
SENATE EDUCATION COMMITTEE: 6-0, 6/6/18
AYES: Allen, Wilk, Galgiani, Leyva, Pan, Vidak
SENATE APPROPRIATIONS COMMITTEE: 7-0, 8/16/18
AYES: Portantino, Bates, Beall, Bradford, Hill, Nielsen, Wiener
ASSEMBLY FLOOR: 73-1, 4/30/18 - See last page for vote
SUBJECT: Pupil instruction: coursework and graduation requirements: migratory children and newly arrived immigrant pupils
DIGEST:
This bill extends to students who are migratory children and to students participating in a newcomer program certain rights regarding exemptions from local graduation requirements and acceptance of partial credit that are currently afforded to other groups of highly mobile students, and extends the applicability of those provisions to charter schools.
Existing law:
- Requires school districts to exempt students in foster care, students who are homeless children or youth, former juvenile court school students, and students who are children of military families (hereafter “mobile students”) who transfer between schools any time after the completion of the students’ second year of high school from all coursework and other requirements that are in addition to state graduation requirements, unless a school district makes a finding that a student is reasonably able to complete the school district’s graduation requirements in time to graduate from high school by the end of the student’s fourth year of high school. (Education Code § 51225.1)
- Requires a school district, if the school district determines that the mobile student is reasonably able to complete the school graduation requirements within the student’s fifth year of high school, to do all of the following:
- Inform the student of his or her option to remain in school for a fifth year to complete the school district’s graduation requirements.
- Inform the student, and the person holding the right to make educational decisions for 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.
- Provide information to the student about transfer opportunities available through the California Community Colleges.
- Permit the student to stay in school for a fifth year to complete the school district’s graduation requirements upon agreement with the student, if the student is 18 years of age or older, or, if the student is under 18 years of age, upon agreement with the person holding the right to make educational decisions for the student. (EC § 51225.1)
- Requires, in order to determine whether a mobile student is in the third or fourth year of high school, either the number of credits the student has earned to the date of transfer or the length of the student’s school enrollment to be used, whichever will qualify the student for the exemption. (EC § 51225.1)
- Requires a school district, within 30 calendar days of the date that a mobile student who may qualify for the transfers into a school, to notify the student, the person holding the right to make educational decisions for the student, and the student’s social worker or probation officer, or the local educational agency liaison for homeless children and youth, as applicable, of the availability of the exemption and whether the student qualifies for an exemption. (EC § 51225.1)
- Requires, if a school district fails to provide timely notice, the mobile student to be eligible for the exemption from local graduation requirements once notified, even if that notification occurs after the student no longer meets the definition of a student in foster care, a student who is a homeless child or youth, a former juvenile court school student, or a student who is a child of a military family, if the student otherwise qualifies for the exemption.
- Requires a school district to notify the student and the person holding the right to make educational decisions for the student how any of the requirements that are waived will affect the student’s ability to gain admission to a postsecondary educational institution and to provide information about transfer opportunities available through the California Community Colleges. (EC § 51225.1)
- Prohibits a mobile student who is eligible for the exemption and would otherwise be entitled to remain in attendance at the school from being required to accept the exemption or from being denied enrollment in, or the ability to complete, courses for which he or she is otherwise eligible, including courses necessary to attend an institution of higher education, regardless of whether those courses are required for statewide graduation requirements. (EC § 51225.1)
- Requires a school district, if a mobile student is not exempted or has previously declined the exemption to exempt the student at any time if an exemption is requested by the student and the student qualifies for the exemption. (EC § 51225.1)
- Prohibits a school district from revoking the exemption. (EC § 51225.1)
- Requires a mobile student’s exemption to continue to apply after the termination of the court’s jurisdiction over the student, after the student is no longer a homeless child or youth, or after the student no longer meets the definition of “children of military families,” as applicable, while he or she is enrolled in school or if the student transfers to another school or school district. (EC § 51225.1)
- Prohibits a school district from requiring or requesting a mobile student to transfer schools in order to qualify the student for an exemption. (EC § 51225.1)
- Requires a school district or a county office of education to accept coursework satisfactorily completed by a mobile student in another public school, juvenile court school, or nonpublic, nonsectarian school or agency, even if the student did not complete an entire course, and requires that a student be issued full or partial credit for work completed. (EC § 51225.2)
- Requires credits accepted, for purposes of 11) above, to be applied to the same or equivalent course, if applicable, as the coursework completed in the prior public school, juvenile court school, or nonpublic, nonsectarian school or agency. (EC § 51225.2)
- Prohibits a school district or county office of education from requiring a mobile student to retake a course if the student has satisfactorily completed the entire course in a public school, a juvenile court school, or a nonpublic, nonsectarian school or agency, or, if the mobile student did not complete the entire course, from requiring the mobile student to retake the portion of the course the student completed unless the school district or county office of education, in consultation with the holder of educational rights for the student, finds that the student is reasonably able to complete the requirements in time to graduate from high school. (EC § 51225.2)
- Requires a mobile student, when partial credit is awarded in a particular course, to be enrolled in the same or equivalent course, if applicable, so that the student may continue and complete the entire course. (EC § 51225.2)
- Prohibits a mobile student from not be prevented from retaking or taking a course to meet the eligibility requirements for admission to the California State University or the University of California. (EC § 51225.2)
- Defines “currently migratory child” to mean “a child who has moved with a parent, guardian, or other person having custody, from one school district to another, either within the State of California or from another state within the 12-month period immediately preceding his or her identification as such a child, in order that the child, a parent, guardian, or other member of his or her immediate family might secure temporary or seasonal employment in an agricultural or fishing activity, and whose parents or guardians have been informed of the child’s eligibility for migrant education services,” and includes “a child who, without the parent or guardian, has continued to migrate annually to secure temporary or seasonal employment in an agricultural or fishing activity.” (EC § 54441)
- Defines “former migratory child” to mean “a child who was formerly eligible to be counted and served as a currently migratory child within the past five years, but who is no longer a currently migratory child, and who lives in an area served by an Elementary and Secondary Education Act Title I Migrant Education project, and whose parents have been informed of the child’s eligibility for migrant education services but have not removed the child from the program.” (EC § 54441)
This bill extends to students who are migratory children and to students participating in a newcomer program certain rights regarding exemptions from local graduation requirements and acceptance of partial credit that are currently afforded to other groups of highly mobile students, and extends the applicability of those provisions to charter schools. Specifically, this bill:
1) Adds students who are migratory children and students participating in a newcomer program to the list of students, which currently includes students in foster care, students who are homeless children or youth, former juvenile court school students, and students who are children of military families, who are eligible for an exemption from local graduation requirements and acceptance of partial credit, as those provisions are identified and specified above in 1) to 16), inclusive, thus extending those rights to students who are migratory children and to students participating in a newcomer program.
2) Extends the requirements on school districts in those provisions, and other minor but related provisions not identified above, to charter schools by deleting references to school districts and instead referencing “local educational agencies,” as defined to “mean a school district or charter school.”
3) Defines a student “who is a migratory child” to mean a student “who meets the definition of ‘currently migratory child,’” as defined in the Education Code.
4) Defines a student “participating in a newcomer program” to mean student “who is participating in a program designed to meet the academic and transitional needs of newly arrived immigrant pupils that has as a primary objective the development of English language proficiency.”
5) Adds, specifically, charter schools and “schools in a country other than the United States” to the list of schools, which currently includes public schools, juvenile court schools, and nonpublic, nonsectarian schools or agencies, that school districts are required to accept partial credit from.
6) Specifies, in the case of a student participating in a newcomer program, that enrollment in grade 11 or 12 may be used to determine whether the student is in his or her third or fourth year of high school.
7) Extends the continuance of the exemption at another school or school district, after a mobile student, including a student who is a migratory child or a student who is participating in a newcomer program, is no longer a mobile child or a student who is participating in a newcomer program while he or she is enrolled in school or if the pupil transfers to another school, to include the continuance of the exemption at a charter school.
8) Prohibits a student who is a migratory child, or the student’s parent or guardian, from requesting a transfer solely to qualify the student for an exemption.
Comments
1) Need for the bill. According to the author, “The Legislature has recognized the importance of supporting students who move often between districts in order to help them graduate high school and has passed legislation for that purpose. These rights are currently not afforded to migrant students, who often change schools and as a result experience educational disruptions that make it difficult to meet credits and local graduation requirements. These same rights should also be extended to recently arrived immigrant students who face the challenge of adapting to a new country, culture, and language, oftentimes leading to not enough credits and time to graduate from high school. California is home to 90,122 migrant students; the largest number in the nation. By definition, students are considered migrant if they or their families move in order to look for temporary or season work in the areas of agriculture or fishing. Migrant students are some of the most vulnerable students and face a greater risk of failing to graduate from high school due to family relocation. Migrant students should be supported on their path towards high school graduation by extending these rights given to other highly mobile students.”
2) Migrant students in California. According to the California Department of Education (CDE), California is home to the largest number of migrant students in the country, and one in three migrant students reside in the state.
CDE notes that as families relocate in search of qualifying work such in agriculture, dairy, and fishing, students face challenges completing high school graduation requirements and often miss key instructional periods, assessment windows, and opportunities to make friends and join extra-curricular activities.
3) Effect of mobility on academic outcomes. As noted in the Assembly Education Committee’s analysis, “Numerous studies indicate that student mobility is associated with poor educational outcomes. One meta-analysis (Mehana, 2004) on the effects of school mobility on reading and math achievement in the elementary grades found the equivalent of a 3–4 month performance disadvantage in achievement. Another (Reynolds, 2009) found that frequent mobility was associated with significantly lower reading and math achievement by up to a third of a standard deviation, and that students who moved three or more times had rates of school dropout that was nearly one-third of a standard deviation higher than those who were school stable.”
4) Partial credit model policy. In response to long-standing concerns about challenges students in foster care face in obtaining partial credit for completed coursework, in 2013 the California Child Welfare Council and numerous other agencies and organizations published California’s Partial Credit Model Policy, a statewide model policy to provide guidance to school districts, county offices of education, and child welfare agencies on how to implement the partial credit mandate in current law. The manual provides a partial credit calculation formula and implementation tools for use by school staff and social workers.
Related/Prior Legislation
AB 365 (Muratsuchi, Chapter 739, Statutes of 2017) extended to students from military families certain rights regarding exemptions from local graduation requirements and acceptance of partial credit which are currently afforded to other groups of highly mobile students.
FISCAL EFFECT: Appropriation: Fiscal Com.: Local:
According to the Senate Appropriations Committee, unknown, potentially significant ongoing reimbursable state mandated costs for local educational agencies (LEAs) to modify procedures for determining which students are exempt, notifying the appropriate parties, providing guidance regarding the bill’s requirements, and to investigate and resolve complaints. LEAs would also incur one-time costs to update the annual uniform complaint procedures notice.
Likely minor increase in average daily attendance funding, to the extent that students affected by this bill decide to continue to attend high school for a 5th year.
Alliance for Children’s Rights
American Academy of Pediatrics
Association of California School Administrators
Bay Area Student Activists
California Association for Bilingual Education
California Immigrant Policy Center
California School Boards Association
California Teachers Association
Californians Together Coalition
Carlston Family Foundation
Common Sense Kids Action
Fresno Interdenominational Refugee Ministries
National Association of Social Workers
Riverside County Office of Education
San Francisco Unified School District
Santa Clara County Office of Education
Teach Plus
United Farm Workers
Several individuals
OPPOSITION: (Verified 8/17/18)
None received
ASSEMBLY FLOOR: 73-1, 4/30/18
AYES: Acosta, Aguiar-Curry, Arambula, Baker, Berman, Bigelow, Bloom, Bonta, Brough, Burke, Caballero, Calderon, Carrillo, Cervantes, Chau, Chávez, Chen, Chiu, Choi, Chu, Cooley, Cooper, Cunningham, Dahle, Daly, Eggman, Flora, Frazier, Friedman, Gallagher, Eduardo Garcia, Gipson, Gloria, Gonzalez Fletcher, Gray, Grayson, Harper, Holden, Irwin, Jones-Sawyer, Kalra, Kamlager-Dove, Kiley, Lackey, Levine, Limón, Low, Maienschein, Mathis, Mayes, McCarty, Medina, Melendez, Mullin, Muratsuchi, Nazarian, O'Donnell, Quirk, Quirk-Silva, Reyes, Rodriguez, Rubio, Salas, Santiago, Steinorth, Mark Stone, Thurmond, Ting, Voepel, Waldron, Weber, Wood, Rendon
NOES: Travis Allen
NO VOTE RECORDED: Fong, Cristina Garcia, Obernolte, Patterson
8/20/18 10:01:13
SENATE COMMITTEE ON APPROPRIATIONS
Senator Anthony Portantino, Chair
2017 - 2018 Regular Session
AB 2121 (Caballero) - Pupil instruction: coursework and graduation requirements: currently and formerly migratory children and newly arrived immigrant pupils
Version: May 23, 2018 | Policy Vote: ED. 6 - 0 |
Urgency: No | Mandate: Yes |
Hearing Date: August 16, 2018 | Consultant: Lenin Del Castillo |
Bill Summary:
This bill extends policies for graduation requirements and acceptance of partial credit currently afforded to populations of highly mobile students to students who are migratory children and to students participating in a newcomer program.
*********** ANALYSIS ADDENDUM – SUSPENSE FILE ***********
The following information is revised to reflect amendments
adopted by the committee on August 16, 2018
Fiscal Impact:
- Unknown, potentially significant ongoing reimbursable state mandated costs for local educational agencies (LEAs) to modify procedures for determining which students are exempt, notifying the appropriate parties, providing guidance regarding the bill’s requirements, and to investigate and resolve complaints. LEAs would also incur one-time costs to update the annual uniform complaint procedures (UCP) notice. See staff comments.
- Likely minor increase in average daily attendance (ADA) funding, to the extent that students affected by this measure decide to continue to attend high school for a 5th year.
Author Amendments:
Make technical and clarifying changes.
-- END --
SENATE COMMITTEE ON
Senator Anthony Portantino, Chair
2017 - 2018 Regular Session
AB 2121 (Caballero) - Pupil instruction: coursework and graduation requirements: currently and formerly migratory children and newly arrived immigrant pupils
Version: | Policy Vote: |
Urgency: | Mandate: |
Hearing Date: | Consultant: |
This bill meets the criteria for referral to the Suspense File.
Bill Summary:
This bill extends policies for graduation requirements and acceptance of partial credit currently afforded to populations of highly mobile students to students who are migratory children and to students participating in a newcomer program.
Fiscal Impact:
- Unknown, potentially significant ongoing reimbursable state mandated costs for local educational agencies (LEAs) to modify procedures for determining which students are exempt, notifying the appropriate parties, providing guidance regarding the bill’s requirements, and to investigate and resolve complaints. LEAs would also incur one-time costs to update the annual uniform complaint procedures (UCP) notice. See staff comments.
- Likely minor increase in average daily attendance (ADA) funding, to the extent that students affected by this measure decide to continue to attend high school for a 5th year. See staff comments.
Background:
Existing state law establishes a minimum set of courses required for high school graduation. The governing boards of LEAs are authorized to supplement the state minimum requirements at the local level. In addition, the University of California and the California State University require a minimum 15-unit pattern of courses for admission as a first-time freshman. These requirements exceed the minimum state graduation requirements.
Existing law requires school districts to exempt students in foster care, those who are homeless, and students who transfer from juvenile court schools and students who transfer between schools any time after the completion of the students’ second year of high school from all coursework and other requirements that are in addition to state graduation requirements, unless a school district makes a finding that a student is reasonably able to complete the school district’s graduation requirements in time to graduate from high school by the end of the student’s fourth year of high school.
Further, existing law requires a school district or a county office of education to accept coursework satisfactorily completed in another school by a student in foster care, a student who is homeless, and a student who transfers from juvenile court schools, even if the student did not complete an entire course, and requires that a student be issued full or partial credit for work completed.
Proposed Law:
This bill requires LEAs to exempt migratory children and students participating in a newcomer program from all coursework and other requirements that are in excess of state graduation requirements, unless the school district makes a finding that the student is reasonably able to complete the school district’s graduation requirements in time to graduate from high school by the end of the student’s fourth year of high school.
This bill also requires that, if the LEA determines that the student is reasonably able to complete the school district’s graduation requirements within the students’ fifth year of high school, the district:
a) Inform the student of her option to remain in school for a fifth year to complete the school district’s graduation requirements.
b) 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.
c) Provide information to the student about transfer opportunities available through the California Community Colleges.
d) Permit the student to stay in school for a fifth year to complete the school district's graduation requirements.
This bill requires that, within 30 calendar days of the date that a student who is a migratory child or a student participating in a newcomer program that may qualify for this exemption, the LEA notify the student and the student’s parent or guardian of the availability of the exemption.
Further, this bill requires that if the LEA fails to provide this notice, the student remain eligible for the exemption. This bill also places other requirements on LEAs intended to ensure that students are not required to graduate before the end of their fourth year of high school, that students are aware of the impact of the waived graduation requirements on postsecondary educational institution admission, and that the exemption continues to be in effect even if the student no longer meets the bill’s definitions.
This bill prohibits a student from transferring solely to qualify for the exemption and also prohibits a student from being required to take a course if he or she has satisfactorily completed the entire course in another school. This bill also prohibits a student from being prevented from retaking or taking a course to meet the eligibility requirements for the CSU or the UC.
Finally, this bill makes these rights subject to complaint under the Uniform Complaint Procedures.
Related Legislation:
AB 365 (Muratsuchi, Chapter 739, Statutes of 2017) extended policies for graduation requirements and acceptance of partial credit currently provided to populations of highly mobile students to also apply to students from military families.
SB 455 (Newman, Chapter 239, Statutes of 2017) established that a student whose parent is transferred or is pending transfer to a military installation within the state while on active military duty pursuant to an official military order has complied with the residency requirements for school attendance in any school district. SB 455 is pending in the Assembly Education Committee.
AB 2306 (Frazier, Chapter 464, Statutes of 2016) required 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 required a county office of education to issue a diploma of graduation to a pupil who completes statewide coursework requirements for graduation while attending a juvenile court school.
Staff Comments:
This bill expands requirements on LEAs related to local graduation requirements exemptions to migratory students and those participating in a newcomer program. While the graduation exemptions for these students are consistent with existing law, this bill’s new implementation requirements are likely to constitute a new reimbursable mandate. School districts will incur costs to modify procedures for determining which pupils are exempt, notifying the appropriate parties, and providing guidance regarding the bill’s requirements. The extent of these costs will depend upon how the new mandate is implemented at the local level. Most districts will only have minor costs, and may not seek reimbursement for these changes; if they do, however, those costs are likely to be deemed reimbursable by the Commission on State Mandates.
This bill provides that a school district may determine that a student is reasonably able to complete the local graduation requirements within the student's 5th year of high school, and if such a determination is made, requires the district to: a) inform the student of the option to remain in high school for a 5th year to complete the local graduation requirements; and, b) inform the student about how remaining for a 5th year will affect the pupil's ability to gain admission to a postsecondary educational institution. For example, if the local graduation requirement is for each pupil to complete the A-G course requirements for admission to the University of California or California State University, a school district could advise the student that while entitled to an exemption, he or she can reasonably finish completing the requirements in one additional year and it would be beneficial to do so. If the students remain in school, the LEAs will continue to receive ADA funding for those students. The extent of these costs is unknown and will depend on the number of students electing to attend for a 5th year.
This bill expands the UCP process to include the bill’s provisions for which complaints may be made to LEAs. Once a complaint is received, LEAs are required to investigate and resolve it in accordance with requirements in state regulations. Based on the Commission on State Mandate’s statewide cost estimate for the existing UCP mandate, the costs to address a complaint can vary significantly. Specifically, the costs submitted by 12 school districts varied due to the type of staff used and the time staff took to handle claims. Staff were paid between $52 and $175 per hour and spent from nine to 105 hours per claim. Assuming 10-20 complaints from school districts were to materialize for noncompliance, costs could range from about $5,000 or $10,000 (assume the lowest staff costs and minimal hours spent on a complaint) to about $200,000 to $400,000 (assuming the highest paid staff and maximum hours spent on a complaint) statewide. And if the Commission determines the bill’s requirements to be a state reimbursable mandate, it could create pressure for the state to increase funding in the K-12 mandate block grant to reflect its inclusion.
-- END --
SENATE COMMITTEE ON EDUCATION
Senator Benjamin Allen, Chair
2017 - 2018 Regular
Bill No: Hearing Date: June 6, 2018
Author: | |||
Version: |
| ||
Urgency: | Fiscal: | ||
Consultant: | |||
Subject: .
SUMMARY
This bill extends to students who are migratory children and to students participating in a newcomer program certain rights regarding exemptions from local graduation requirements and acceptance of partial credit that are currently afforded to other groups of highly mobile students, and extends the applicability of those provisions to charter schools.
BACKGROUND
Existing law:
1) Requires school districts to exempt students in foster care, students who are homeless children or youth, former juvenile court school students, and students who are children of military families (hereafter “mobile students”) who transfer between schools any time after the completion of the students’ second year of high school from all coursework and other requirements that are in addition to state graduation requirements, unless a school district makes a finding that a student is reasonably able to complete the school district’s graduation requirements in time to graduate from high school by the end of the student’s fourth year of high school. (Education Code § 51225.1)
2) Requires a school district, if the school district determines that the mobile student is reasonably able to complete the school graduation requirements within the student’s fifth year of high school, to do all of the following:
a) Inform the student of his or her option to remain in school for a fifth year to complete the school district’s graduation requirements.
b) Inform the student, and the person holding the right to make educational decisions for 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.
c) Provide information to the student about transfer opportunities available through the California Community Colleges.
d) Permit the student to stay in school for a fifth year to complete the school district’s graduation requirements upon agreement with the student, if the student is 18 years of age or older, or, if the student is under 18 years of age, upon agreement with the person holding the right to make educational decisions for the student. (EC § 51225.1)
3) In order to determine whether a mobile student is in the third or fourth year of high school, requires either the number of credits the student has earned to the date of transfer or the length of the student’s school enrollment to be used, whichever will qualify the student for the exemption. (EC § 51225.1)
4) Requires a school district, within 30 calendar days of the date that a mobile student who may qualify for the transfers into a school, to notify the student, the person holding the right to make educational decisions for the student, and the student’s social worker or probation officer, or the local educational agency liaison for homeless children and youth, as applicable, of the availability of the exemption and whether the student qualifies for an exemption. (EC § 51225.1)
5) If a school district fails to provide timely notice, requires the mobile student to be eligible for the exemption from local graduation requirements once notified, even if that notification occurs after the student no longer meets the definition of a student in foster care, a student who is a homeless child or youth, a former juvenile court school student, or a student who is a child of a military family, if the student otherwise qualifies for the exemption.
6) Requires a school district to notify the student and the person holding the right to make educational decisions for the student how any of the requirements that are waived will affect the student’s ability to gain admission to a postsecondary educational institution and to provide information about transfer opportunities available through the California Community Colleges. (EC § 51225.1)
7) Prohibits a mobile student who is eligible for the exemption and would otherwise be entitled to remain in attendance at the school from being required to accept the exemption or from being denied enrollment in, or the ability to complete, courses for which he or she is otherwise eligible, including courses necessary to attend an institution of higher education, regardless of whether those courses are required for statewide graduation requirements. (EC § 51225.1)
8) Requires a school district, if a mobile student is not exempted or has previously declined the exemption to exempt the student at any time if an exemption is requested by the student and the student qualifies for the exemption. (EC § 51225.1)
9) Prohibits a school district from revoking the exemption. (EC § 51225.1)
10) Requires a mobile student’s exemption to continue to apply after the termination of the court’s jurisdiction over the student, after the student is no longer a homeless child or youth, or after the student no longer meets the definition of “children of military families,” as applicable, while he or she is enrolled in school or if the student transfers to another school or school district. (EC § 51225.1)
11) Prohibits a school district from requiring or requesting a mobile student to transfer schools in order to qualify the student for an exemption. (EC § 51225.1)
12) Requires a school district or a county office of education to accept coursework satisfactorily completed by a mobile student in another public school, juvenile court school, or nonpublic, nonsectarian school or agency, even if the student did not complete an entire course, and requires that a student be issued full or partial credit for work completed. (EC § 51225.2)
13) For purposes of (11), requires credits accepted to be applied to the same or equivalent course, if applicable, as the coursework completed in the prior public school, juvenile court school, or nonpublic, nonsectarian school or agency. (EC § 51225.2)
14) Prohibits a school district or county office of education from requiring a mobile student to retake a course if the student has satisfactorily completed the entire course in a public school, a juvenile court school, or a nonpublic, nonsectarian school or agency, or, if the mobile student did not complete the entire course, from requiring the mobile student to retake the portion of the course the student completed unless the school district or county office of education, in consultation with the holder of educational rights for the student, finds that the student is reasonably able to complete the requirements in time to graduate from high school. (EC § 51225.2)
15) Requires a mobile student, when partial credit is awarded in a particular course, to be enrolled in the same or equivalent course, if applicable, so that the student may continue and complete the entire course. (EC § 51225.2)
16) Prohibits a mobile student from not be prevented from retaking or taking a course to meet the eligibility requirements for admission to the California State University or the University of California. (EC § 51225.2)
17) Defines “currently migratory child” to mean “a child who has moved with a parent, guardian, or other person having custody, from one school district to another, either within the State of California or from another state within the 12-month period immediately preceding his or her identification as such a child, in order that the child, a parent, guardian, or other member of his or her immediate family might secure temporary or seasonal employment in an agricultural or fishing activity, and whose parents or guardians have been informed of the child’s eligibility for migrant education services,” and includes “a child who, without the parent or guardian, has continued to migrate annually to secure temporary or seasonal employment in an agricultural or fishing activity.” (EC § 54441)
18) Defines “former migratory child” to mean “a child who was formerly eligible to be counted and served as a currently migratory child within the past five years, but who is no longer a currently migratory child, and who lives in an area served by an Elementary and Secondary Education Act Title I Migrant Education project, and whose parents have been informed of the child’s eligibility for migrant education services but have not removed the child from the program.” (EC § 54441)
ANALYSIS
This bill extends to students who are migratory children and to students participating in a newcomer program certain rights regarding exemptions from local graduation requirements and acceptance of partial credit that are currently afforded to other groups of highly mobile students, and extends the applicability of those provisions to charter schools. Specifically, this bill:
1) Adds students who are migratory children and students participating in a newcomer program to the list of students, which currently includes students in foster care, students who are homeless children or youth, former juvenile court school students, and students who are children of military families, who are eligible for an exemption from local graduation requirements and acceptance of partial credit, as those provisions are identified and specified above in (1) to (16), inclusive, thus extending those rights to students who are migratory children and to students participating in a newcomer program.
2) Extends the requirements on school districts in those provisions, and other minor but related provisions not identified above, to charter schools by deleting references to school districts and instead referencing “local educational agencies,” as defined to “mean a school district or charter school.”
3) Defines a student “who is a migratory child” to mean a student “who meets the definition of ‘currently migratory child’” or “‘former migratory child,’” as those terms are currently defined in the Education Code.
4) Defines a student “participating in a newcomer program” to mean student “who is participating in a program designed to meet the academic and transitional needs of newly arrived immigrant pupils that has as a primary objective the development of English language proficiency.”
5) Relative to acceptance of partial credit, specifically adds charter schools and “schools in a country other than the United States” to the list of schools, which currently includes public schools, juvenile court schools, and nonpublic, nonsectarian schools or agencies, that school districts are required to accept partial credit from.
6) In the case of a student participating in a newcomer program, specifies that enrollment in grade 11 or 12 may be used to determine whether the student is in his or her third or fourth year of high school.
7) Extends the continuance of the exemption at another school or school district, after a mobile student, including a student who is a migratory child or a student who is participating in a newcomer program, is no longer a mobile child or a student who is participating in a newcomer program while he or she is enrolled in school or if the pupil transfers to another school, to include the continuance of the exemption at a charter school.
8) Prohibits a student who is a migratory child, or the student’s parent or guardian, from requesting a transfer solely to qualify the student for an exemption.
STAFF COMMENTS
- Need for the bill. According to the author, “The Legislature has recognized the importance of supporting students who move often between districts in order to help them graduate high school and has passed legislation for that purpose. These rights are currently not afforded to migrant students, who often change schools and as a result experience educational disruptions that make it difficult to meet credits and local graduation requirements. These same rights should also be extended to recently arrived immigrant students who face the challenge of adapting to a new country, culture, and language, oftentimes leading to not enough credits and time to graduate from high school.
California is home to 90,122 migrant students; the largest number in the nation. By definition, students are considered migrant if they or their families move in order to look for temporary or season work in the areas of agriculture or fishing. Migrant students are some of the most vulnerable students and face a greater risk of failing to graduate from high school due to family relocation. Migrant students should be supported on their path towards high school graduation by extending these rights given to other highly mobile students.”
2) Migrant students in California. According to the California Department of Education (CDE), California is home to the largest number of migrant students in the country, and one in three migrant students reside in the state.
CDE notes that as families relocate in search of qualifying work such in agriculture, dairy, and fishing, students face challenges completing high school graduation requirements and often miss key instructional periods, assessment windows, and opportunities to make friends and join extra-curricular activities. In addition to the instructional and social challenges caused by repeated moves, CDE notes that migrant children often live in extreme poverty, which can lead to significant health disparities which in turn affect educational outcomes.
The following data for the 2016-17 school year, made available by the CDE, reveals significant disparities in educational outcomes. Unless otherwise noted, these data are related to students who meet the definition of a “currently migratory” student:
• California schools enrolled 90,122 current migrant students in the state, a decline from 102,348 in 2014-15.
• 54 percent of California migrant students were classified as English learners.
• 27 percent of migrant students experienced at least one change in school district during the 2016-17 school year.
• The four year cohort dropout rate for migrant students was 10.3 percent, compared to 9.7 percent in the general population.
• 74 percent of migrant students scored as not meeting standards in English language arts (compared to 53 percent of the general population), and 81 percent were not meeting standards in mathematics (compared to 62 percent for all students) on state assessments.
3) Effect of mobility on academic outcomes. As noted in the Assembly Education Committee’s analysis, “Numerous studies indicate that student mobility is associated with poor educational outcomes. One meta-analysis (Mehana, 2004) on the effects of school mobility on reading and math achievement in the elementary grades found the equivalent of a 3–4 month performance disadvantage in achievement. Another (Reynolds, 2009) found that frequent mobility was associated with significantly lower reading and math achievement by up to a third of a standard deviation, and that students who moved three or more times had rates of school dropout that was nearly one-third of a standard deviation higher than those who were school stable. One longitudinal study (Temple, 1999) found that half of the one year difference between mobile and non-mobile students could be attributed to mobility, and that it is ‘frequent, rather than occasional, mobility that significantly increases the risk of underachievement.’ And another longitudinal study (Herbers, 2014) found that students who experience more school changes between kindergarten and twelfth grade are less likely to complete high school on time, complete fewer years of school, and attain lower levels of occupational prestige, even when controlling for poverty. Results of this study indicated more negative outcomes associated with moves later in the grade school career, particularly between fourth and eighth grade.”
4) Partial credit model policy. In response to long-standing concerns about challenges students in foster care face in obtaining partial credit for completed coursework, in 2013 the California Child Welfare Council and numerous other agencies and organizations published California’s Partial Credit Model Policy, a statewide model policy to provide guidance to school districts, county offices of education, and child welfare agencies on how to implement the partial credit mandate in current law. The manual provides a partial credit calculation formula and implementation tools for use by school staff and social workers.
- Previous legislation. AB 365 (Muratsuchi, Chapter 739, Statutes of 2017) extends to students from military families certain rights regarding exemptions from local graduation requirements and acceptance of partial credit which are currently afforded to other groups of highly mobile students.
SB 331 (Romero, Chapter 274, Statutes of 2010) reduces the number of years a child may be deemed a migrant child from 5 years to 3 years, deletes provisions regarding service priorities, specifies that priority for services shall be consistent with federal law, and expands the scope of a status report produced by the statewide parent advisory council of the California Migrant Education Program.
SUPPORT
Alliance for Children’s Rights
American Academy of Pediatrics
Association of California School Administrators
Bay Area Student Activists
California Association for Bilingual Education
California Immigrant Policy Center
Californians Together Coalition
California Teachers Association
Carlston Family Foundation
Common Sense Kids Action
Fresno Interdenominational Refugee Ministries
National Association of Social Workers
Riverside County Office of Education
San Francisco Unified School District
Teach Plus
United Farm Workers
OPPOSITION
None received
-- END --
ASSEMBLY THIRD READING
ATR Bill Id:AB 2121
Author:(Caballero)
As Amended Ver:April 5, 2018
Majority vote
Committee | Votes | Ayes | Noes |
Education | 6-0 | O'Donnell, Lackey, Kalra, McCarty, Thurmond, Weber | |
Appropriations | 12-0 | Gonzalez Fletcher, Bigelow, Bloom, Bonta, Calderon, Carrillo, Chau, McCarty, Friedman, Gallagher, Nazarian, Reyes |
SUMMARY: Extends to current and former migratory students (migrant students) certain rights currently afforded to other groups of highly mobile students regarding exemptions from local graduation requirements and acceptance of partial credit, and clarifies that these requirements apply to charter schools. Specifically, this bill:
- Requires local educational agencies (LEAs), defined as school districts, county office of education, and charter schools, to exempt a migrant student who transfers between schools any time after the completion of the student's second year of high school from all coursework and other requirements that are in excess of state graduation requirements, unless the LEA makes a finding that the student is reasonably able to complete the LEA's graduation requirements in time to graduate from high school by the end of the student's fourth year of high school.
- Requires that, if the LEA determines that a migrant student is reasonably able to complete the LEA's graduation requirements within the students' fifth year of high school, the LEA:
- Inform the student of the option to remain in school for a fifth year in order to complete the LEA's graduation requirements;
- Inform the student about how remaining in school for a fifth year to complete the LEA's graduation requirements will affect the student's ability to gain admission to a postsecondary educational institution;
- Provide information to the student about transfer opportunities available through the California Community Colleges; and,
- Permit the student to stay in school for a fifth year to complete the LEA's graduation requirements.
- Requires that, within 30 calendar days of the date that a migrant student may qualify for this exemption, the LEA notify the student and the student's parent or guardian of the availability of the exemption.
- Requires that, if the LEA fails to provide this notice, the migrant student remain eligible for the exemption.
- Places other requirements on LEAs intended to ensure that migrant students are not required to graduate before the end of their fourth year of high school, that students are aware of the impact of the waived graduation requirements on postsecondary educational institution admission, and that the exemption continues to be in effect even if the student no longer meets the definition of a migrant student.
- Prohibits a migrant student from transferring solely to qualify for the exemption.
- Requires an LEA to accept coursework satisfactorily completed by a migrant student while attending another public school even if the student did not complete the entire course, and requires that the student be issued full or partial credit for work completed.
- Prohibits a migrant student from being required to take a course if the student has satisfactorily completed the entire course in another school.
- Prohibits a migrant student from being prevented from retaking or taking a course to meet the eligibility requirements for the California State University or the University of California.
- Makes these rights subject to complaint under the Uniform Complaint Procedures.
- Defines a migrant student, for purposes of the act, as a student who meets the definition of a "currently migratory child" or a "formerly migratory child."
FISCAL EFFECT: According to the Assembly Appropriations Committee, potentially reimbursable mandate costs in the low tens of thousands of dollars for LEAs to inform high school migrant students and their parents of their rights.
COMMENTS:
Need for the bill. The author's office states: "The Legislature has recognized the importance of supporting students who move often between districts in order to help them graduate from high school and has passed legislation for that purpose. Migrant students often change schools and as a result experience educational disruptions that make it difficult to earn credits and meet local graduation requirements. Migrant students are some of the most vulnerable students and face a greater risk of failing to graduate from high school due to family relocation. They should be supported in their path towards graduation by extending the same rights given to other highly mobile students."
Analysis Prepared by: Tanya Lieberman / ED. / (916) 319-2087 FN: 0002722
Date of Hearing: April 18, 2018
ASSEMBLY COMMITTEE ON APPROPRIATIONS
Lorena Gonzalez Fletcher, Chair
ABPCA Bill Id:AB 2121
Author:(Caballero) – As Amended Ver:April 5, 2018
Policy Committee: | Education | Vote: | 6 - 0 |
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| ||
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Urgency: No State Mandated Local Program: Yes Reimbursable: Yes
SUMMARY: This bill extends to migrant students certain rights currently afforded to other groups of highly mobile students. These rights include certain exemptions from district high schools graduation requirements in excess of state graduation requirements and granting of full or partial credit for coursework taken at other schools. It also requires school districts to notify students and their parents or guardians of these rights.
FISCAL EFFECT:
Potentially reimbursable mandate costs in the low tens of thousands of dollars for school districts to inform high school migrant students and their parents of their rights.
COMMENTS:
- Existing Law. State law requires school districts to extend rights described in this bill to students in foster care, those who are homeless, students who transfer from juvenile court schools, and students from military families who transfer between schools any time after the completion of the students’ second year of high school.
- Purpose. The author’s office indicates the Legislature has recognized the importance of supporting other highly mobile students and the same supports should be extended to migrant students.
- Migrant Students in California. Migrant students are children who have moved from one school district to another so that their parent, or guardian, might secure temporary or seasonal employment in an agricultural or fishing activity. The California Department of Education notes migrant students often miss key instructional periods and face other challenges completing high school graduation requirements. In addition, numerous studies indicate that student mobility is associated with poor educational outcomes.
California is home to the largest number of migrant student in the country. In 2016-17, California schools enrolled at least 90,000 migrant students (due to data limitations, this estimate likely is low.)
Analysis Prepared by: Natasha Collins / APPR. / (916) 319-2081
Date of Hearing: March 21, 2018
ASSEMBLY COMMITTEE ON EDUCATION
Patrick O'Donnell, Chair
ABPCA Bill Id:AB 2121 (
Author:Caballero) – As Introduced Ver:February 8, 2018
SUBJECT: Pupil instruction: coursework and graduation requirements: currently migratory children
SUMMARY: Extends to currently migratory students (migrant students) certain rights currently afforded to other groups of highly mobile students regarding exemptions from local graduation requirements and acceptance of partial credit. Specifically, this bill:
- Requires school districts to exempt a migrant student who transfers between schools any time after the completion of the student’s second year of high school from all coursework and other requirements that are in excess of state graduation requirements, unless the school district makes a finding that the student is reasonably able to complete the school district’s graduation requirements in time to graduate from high school by the end of the student’s fourth year of high school.
- Requires that, if the school district determines that a migrant student is reasonably able to complete the school district’s graduation requirements within the students’ fifth year of high school, the district:
- inform the student of the option to remain in school for a fifth year in order to complete the school district’s graduation requirements
- 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
- provide information to the student about transfer opportunities available through the California Community Colleges
- permit the student to stay in school for a fifth year to complete the school district's graduation requirements
- Requires that, within 30 calendar days of the date that a migrant student may qualify for this exemption, the school district notify the student and the student’s parent or guardian of the availability of the exemption.
- Requires that, if the school district fails to provide this notice, the migrant student remain eligible for the exemption.
- Places other requirements on school districts intended to ensure that migrant students are not required to graduate before the end of their fourth year of high school, that students are aware of the impact of the waived graduation requirements on postsecondary educational institution admission, and that the exemption continues to be in effect even if the student no longer meets the definition of a migrant student.
- Prohibits a migrant student from transferring solely to qualify for the exemption.
- Requires a school district or a county office of education to accept coursework satisfactorily completed by a migrant student while attending another public school even if the student did not complete the entire course, and requires that the student be issued full or partial credit for work completed.
- Prohibits a migrant student from being required to take a course if the student has satisfactorily completed the entire course in another school.
- Prohibits a migrant student from being prevented from retaking or taking a course to meet the eligibility requirements for the California State University or the University of California.
- Makes these rights subject to complaint under the Uniform Complaint Procedures.
- Defines a migrant student, for purposes of the act, as a student who meets the definition of a “currently migratory child.” Under this definition a currently migratory student is one who has moved with a parent, guardian, or other person having custody, from one school district to another, either within the California or from another state within the 12-month period immediately preceding his or her identification as such a child.
EXISTING LAW:
- Requires school districts to exempt students in foster care, those who are homeless, students who transfer from juvenile court schools, and students from military families who transfer between schools any time after the completion of the students’ second year of high school from all coursework and other requirements that are in addition to state graduation requirements, unless a school district makes a finding that a student is reasonably able to complete the school district’s graduation requirements in time to graduate from high school by the end of the student’s fourth year of high school.
- Requires a school district or a county office of education to accept coursework satisfactorily completed in another school by a student in foster care, a student who is homeless, a student who transfers from juvenile court schools, and a student from a military family even if the student did not complete an entire course, and requires that a student be issued full or partial credit for work completed.
- Defines a “currently migratory child” to mean a child who has moved with a parent, guardian, or other person having custody, from one school district to another, either within the California or from another state within the 12-month period immediately preceding his or her identification as such a child, in order that the child, a parent, guardian, or other member of his or her immediate family might secure temporary or seasonal employment in an agricultural or fishing activity, and whose parents or guardians have been informed of the child’s eligibility for migrant education services.
- Defines “a former migratory child” to mean a child who was formerly eligible to be counted and served as a currently migratory child within the past five years but who is no longer a currently migratory child, who lives in an area served by a federal Migrant Education project, and whose parents have been informed of the child’s eligibility for migrant education services but have not removed the child from the program.
- Limits the designation of a student as a “migrant child” to three years during which the child resides in an area where programs are provided for migrant children.
FISCAL EFFECT: This bill has been keyed a state mandated local program by the Office of Legislative Counsel.
COMMENTS:
Need for the bill. The author’s office states: “The Legislature has recognized the importance of supporting students who move often between districts in order to help them graduate from high school and has passed legislation for that purpose. Migrant students often change schools and as a result experience educational disruptions that make it difficult to earn credits and meet local graduation requirements. Migrant students are some of the most vulnerable students and face a greater risk of failing to graduate from high school due to family relocation. They should be supported in their path towards graduation by extending the same rights given to other highly mobile students.”
Migrant students in California. According to the California Department of Education (CDE), the California is home to the largest number of migrant students in the country, and one in three migrant students reside in the state.
CDE notes that as families relocate in search of qualifying work such in agriculture, dairy, and fishing, students face challenges completing high school graduation requirements and often miss key instructional periods, assessment windows, and opportunities to make friends and join extra-curricular activities. In addition to the instructional and social challenges caused by repeated moves, CDE notes that migrant children often live in extreme poverty, which can lead to significant health disparities which in turn affect educational outcomes.
Longitudinal data on migrant students is not available, and since students are limited to three years of eligibility, students may move in and out of migrant status over the course of their education, posing challenges for data collection and analysis. However, the following data for the 2016-17 school year, made available by the CDE, reveals significant disparities in educational outcomes. Unless otherwise noted, these data are related to students who meet the definition of a “currently migratory” student:
- California schools enrolled 90,122 current migrant students in the state, a decline from 102,348 in 2014-15.
- 54% of California migrant students were classified as English learners.
- 27% of migrant students experienced at least one change in school district during the 2016-17 school year.
- The four year cohort dropout rate for migrant students was 10.3%, compared to 9.7% in the general population.
- 74% of migrant students scored as not meeting standards in English language arts (compared to 53% of the general population), and 81% were not meeting standards in mathematics (compared to 62% for all students) on state assessments.
Effect of mobility on academic outcomes. Numerous studies indicate that student mobility is associated with poor educational outcomes. One meta-analysis (Mehana, 2004) on the effects of school mobility on reading and math achievement in the elementary grades found the equivalent of a 3–4 month performance disadvantage in achievement. Another (Reynolds, 2009) found that frequent mobility was associated with significantly lower reading and math achievement by up to a third of a standard deviation, and that students who moved three or more times had rates of school dropout that was nearly one-third of a standard deviation higher than those who were school stable. One longitudinal study (Temple, 1999) found that half of the one year difference between mobile and non-mobile students could be attributed to mobility, and that it is “frequent, rather than occasional, mobility that significantly increases the risk of underachievement.” And another longitudinal study (Herbers, 2014) found that students who experience more school changes between kindergarten and twelfth grade are less likely to complete high school on time, complete fewer years of school, and attain lower levels of occupational prestige, even when controlling for poverty. Results of this study indicated more negative outcomes associated with moves later in the grade school career, particularly between fourth and eighth grade.
Partial credit model policy. This bill requires a school district or a county office of education to accept coursework satisfactorily completed in another school by a migrant student even if the student did not complete an entire course, and requires that a student be issued full or partial credit for work completed.
In response to long-standing concerns about challenges students in foster care face in obtaining partial credit for completed coursework, in 2013 the California Child Welfare Council and numerous other agencies and organizations published California’s Partial Credit Model Policy, a statewide model policy to provide guidance to school districts, county offices of education, and child welfare agencies on how to implement the partial credit mandate in current law. The manual provides a partial credit calculation formula and implementation tools for use by school staff and social workers. The authors noted that difficulty obtaining partial credit is a problem common to other groups of students besides those in foster care, including migrant students.
Migrant Education Program in California. The California Migrant Education Program (MEP) is a federally authorized and funded program intended to provide supplemental educational programs for migrant children, ages three to 21. It is designed to help mitigate the educational disruption and other problems that result from frequent moves. Federal law requires the MEP to:
- support high quality comprehensive programs
- ensure migrant children are not penalized by disparities among states in curriculum, graduation requirements, and student achievement standards
- provide appropriate educational services to address their unique needs
- ensure that migrant children receive the same opportunities to meet the same challenging state academic content standards that all children are expected to meet
- design programs to help migrant children overcome cultural and language barriers, social isolation, and various health related problems
- ensure migrant children benefit from state and local systemic reforms
According to the CDE, in 2014-15, the CDE had 20 subgrantees located in areas where there are high numbers of migrant farmworkers. There were 15 regions comprised of a single or several county offices of education and five directly funded districts. Each subgrantee provides comprehensive programs to address the unique needs of migrant children. All subgrantees offer educational programming and deliver services primarily through after-school programs, tutoring, Saturday classes, and intersession programs offered during breaks and during the summer time. The SSDP identifies the state priorities and requires subgrantees to provide services to preschool children, instructional intervention programs on English language arts and mathematics, instructional programs to support high school graduation, educational and support services for out-of-school youth, and support services to assist with parental involvement and health-related needs, such as dental services, vision needs, and other social welfare needs.
Recommended amendments. Under current law, “currently migratory” students are defined as those who moved within one year prior to their identification as migrant students. “Formerly migratory” students are defined as those who were identified as migrant students within the prior five years. Current law also limits the designation as a migrant student to three years. Due to a drafting error, this bill is limited to currently migratory students, which could exclude students who are identified as migrant students early in, or just prior to, high school. Staff recommends that this bill be amended to include “formerly migratory children.”
Staff also recommends that the bill be amended to clarify that the provisions applying to all groups of highly mobile students apply to students enrolled in charter schools.
Prior legislation. AB 192 (Medina) Chapter 78, Statutes of 2017 modified meeting and reporting requirements for the statewide parent advisory council (SPAC) of the MEP.
AB 275 (Alejo) of the 2015-16 Session, would have made changes to the meetings of the SPAC, and other changes to the MEP. This bill was never heard in this Committee.
SB 331 (Romero) Chapter 274, Statutes of 2010 reduced the number of years a child may be deemed a migrant child from 5 years to 3 years, deleted provisions regarding service priorities, specified that priority for services shall be consistent with federal law, and expanded the scope of a status report produced by the SPAC.
REGISTERED SUPPORT / OPPOSITION:
Support
Association of California Administrators
California Association for Bilingual Education
California Immigrant Policy Center
Californians Together
Common Sense Kids Action
San Francisco Unified School District
Opposition
None on file
Analysis Prepared by: Tanya Lieberman / ED. / (916) 319-2087
Discussed in Hearing
55SEC
Assembly Floor
3MIN
Senate Floor
1H
Senate Standing Committee on Appropriations
2MIN
Assembly Floor
2MIN
Assembly Standing Committee on Appropriations
5MIN
Assembly Standing Committee on Education
Bill Author
Bill Co-Author(s):