Under existing law, if a pupil completes the statewide coursework requirements for graduation while attending a juvenile court school, a county office of education is required to issue to the pupil a diploma of graduation and is prohibited from requiring the pupil to complete coursework or other requirements that are in addition to the statewide coursework requirements. Existing law, notwithstanding that requirement that the county office of education issue a diploma of graduation, permits the pupil to take coursework or other requirements adopted by the county board of education, and to defer the granting of the diploma until the pupil is released from the juvenile detention facility, as provided. Upon the release from a juvenile detention facility of a pupil who is entitled to a diploma, existing law authorizes that pupil to elect to decline the issuance of the diploma for the purpose of enrolling the pupil in a school operated by a local educational agency to take additional coursework, as specified. Existing law requires county offices of education to comply with specified notice and consultation procedures for these pupils, and to grant a diploma under specified circumstances, as provided.

This bill would revise and recast these provisions by, among other things, requiring a county office of education to exempt from all coursework or other requirements of the county office of education that are in addition to the statewide coursework requirements a pupil who (1) transfers into a juvenile court school any time after the completion of the pupils 2nd year of high school, (2) completes the statewide coursework requirements for graduation while attending a juvenile court school, and (3) is in their 3rd or 4th year of high school, unless the county office of education makes a finding that the pupil is reasonably able to complete these local graduation requirements in time to graduate from high school by the end of the pupils 4th year of high school. The bill would require the county office of education to notify a pupil who may qualify for the exemption from local graduation requirements, the person holding the right to make educational decisions for the pupil, and the pupils social worker and probation officer of the availability of the exemption and whether the pupil qualifies for the exemption, within 30 calendar days of the date that the pupil transfers into a juvenile court school for an enrollment period in the juvenile court school of at least 30 days, as provided. The bill would prohibit a county office of education from requiring or requesting that a pupil who is exempted from the local graduation requirements and completes the statewide coursework requirements graduate before the end of the pupils 4th year of high school, as provided. By imposing additional duties on local educational agencies, the bill would impose a state-mandated local program.

This bill would also revise and recast the notice and consultation procedures for the above-described pupils by, among other things, requiring the county office of education to notify the pupil, the person holding the right to make educational decisions for the pupil, and the pupils social worker and probation officer about how waiving the local coursework requirements that are in addition to statewide requirements may affect the pupils postsecondary education or vocation plans, other options available to the pupil, including, but not limited to, staying enrolled in high school, possible credit recovery, and any transfer opportunities available through the California Community Colleges, and the option to defer or decline the exemption and take additional coursework, as provided. The bill would impose similar notice and consultation requirements on county offices of education, as applied to (1) a juvenile court school pupil who a county office of education determines is reasonably able to complete the local graduation requirements after the pupils 4th year of high school, and (2) a juvenile court school pupil who a county office of education determines is not reasonably able to complete the local graduation requirements after the pupils 4th year of high school, but is reasonably able to complete the statewide coursework requirements after the pupils 4th year of high school, as provided. The bill would require specified exemptions from local graduation requirements be granted within 30 days, as provided. If a pupil is not eligible for the exemption from local graduation requirements, the bill would require a county office of education to reevaluate that pupils eligibility, according to specified procedures. The bill would prohibit a county office of education from requiring or requesting a juvenile court school pupil to transfer schools in order to qualify for an exemption from local graduation requirements, and would also prohibit a juvenile court school pupil, the person holding the right to make educational decisions for the pupil, the pupils social worker, and the pupils probation officer from requesting a transfer solely to qualify for this exemption. The bill would require each county office of education to report annually to the State Department of Education the number of court school pupils who, for the prior school year, graduated with an exemption from the local graduation requirements, as provided, and would require the department to make this data publicly available on an annual basis aligned with other reporting timelines for the California School Dashboard graduation data. By imposing additional duties on local educational agencies, the bill would impose a state-mandated local program.

The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.

This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.

Under existing law, if a pupil completes the statewide coursework requirements for graduation while attending a juvenile court school, a county office of education is required to issue to the pupil a diploma of graduation and is prohibited from requiring the pupil to complete coursework or other requirements that are in addition to the statewide coursework requirements. Existing law, notwithstanding that requirement that the county office of education issue a diploma of graduation, permits the pupil to take coursework or other requirements adopted by the county board of education, and to defer the granting of the diploma until the pupil is released from the juvenile detention facility, as provided. Upon the release from a juvenile detention facility of a pupil who is entitled to a diploma, existing law authorizes that pupil to elect to decline the issuance of the diploma for the purpose of enrolling the pupil in a school operated by a local educational agency to take additional coursework, as specified. Existing law requires county offices of education to comply with specified notice and consultation procedures for these pupils, and to grant a diploma under specified circumstances, as provided.

This bill would revise and recast these provisions by, among other things, requiring a county office of education to exempt from all coursework or other requirements of the county office of education that are in addition to the statewide coursework requirements a pupil who (1) transfers into a juvenile court school any time after the completion of the pupils 2nd year of high school, (2) completes the statewide coursework requirements for graduation while attending a juvenile court school, and (3) is in their 3rd or 4th year of high school, unless the county office of education makes a finding that the pupil is reasonably able to complete these local graduation requirements in time to graduate from high school by the end of the pupils 4th year of high school. The bill would require the county office of education to notify a pupil who may qualify for the exemption from local graduation requirements, the person holding the right to make educational decisions for the pupil, and the pupils social worker and probation officer of the availability of the exemption and whether the pupil qualifies for the exemption, within 30 calendar days of the date that the pupil transfers into a juvenile court school for an enrollment period in the juvenile court school of at least 30 days, as provided. The bill would prohibit a county office of education from requiring or requesting that a pupil who is exempted from the local graduation requirements and completes the statewide coursework requirements graduate before the end of the pupils 4th year of high school, as provided. By imposing additional duties on local educational agencies, the bill would impose a state-mandated local program.

This bill would also revise and recast the notice and consultation procedures for the above-described pupils by, among other things, requiring the county office of education to notify the pupil, the person holding the right to make educational decisions for the pupil, and the pupils social worker and probation officer about how waiving the local coursework requirements that are in addition to statewide requirements may affect the pupils postsecondary education or vocation plans, other options available to the pupil, including, but not limited to, staying enrolled in high school, possible credit recovery, and any transfer opportunities available through the California Community Colleges, and the option to defer or decline the exemption and take additional coursework, as provided. The bill would impose similar notice and consultation requirements on county offices of education, as applied to (1) a juvenile court school pupil who a county office of education determines is reasonably able to complete the local graduation requirements after the pupils 4th year of high school, and (2) a juvenile court school pupil who a county office of education determines is not reasonably able to complete the local graduation requirements after the pupils 4th year of high school, but is reasonably able to complete the statewide coursework requirements after the pupils 4th year of high school, as provided. The bill would require specified exemptions from local graduation requirements be granted within 30 days, as provided. If a pupil is not eligible for the exemption from local graduation requirements, the bill would require a county office of education to reevaluate that pupils eligibility, according to specified procedures. The bill would prohibit a county office of education from requiring or requesting a juvenile court school pupil to transfer schools in order to qualify for an exemption from local graduation requirements, and would also prohibit a juvenile court school pupil, the person holding the right to make educational decisions for the pupil, the pupils social worker, and the pupils probation officer from requesting a transfer solely to qualify for this exemption. The bill would require each county office of education to report annually to the State Department of Education the number of court school pupils who, for the prior school year, graduated with an exemption from the local graduation requirements, as provided, and would require the department to make this data publicly available on an annual basis aligned with other reporting timelines for the California School Dashboard graduation data. By imposing additional duties on local educational agencies, the bill would impose a state-mandated local program.

The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.

This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.

Under existing law, if a pupil completes the statewide coursework requirements for graduation while attending a juvenile court school, a county office of education is required to issue to the pupil a diploma of graduation and is prohibited from requiring the pupil to complete coursework or other requirements that are in addition to the statewide coursework requirements. Existing law, notwithstanding that requirement that the county office of education issue a diploma of graduation, permits the pupil to take coursework or other requirements adopted by the county board of education, and to defer the granting of the diploma until the pupil is released from the juvenile detention facility, as provided. Upon the release from a juvenile detention facility of a pupil who is entitled to a diploma, existing law authorizes that pupil to elect to decline the issuance of the diploma for the purpose of enrolling the pupil in a school operated by a local educational agency to take additional coursework, as specified. Existing law requires county offices of education to comply with specified notice and consultation procedures for these pupils, and to grant a diploma under specified circumstances, as provided.

This bill would revise and recast these provisions by, among other things, requiring a county office of education to exempt from all coursework or other requirements of the county office of education that are in addition to the statewide coursework requirements a pupil who (1) transfers into a juvenile court school any time after the completion of the pupils 2nd year of high school, (2) completes the statewide coursework requirements for graduation while attending a juvenile court school, and (3) is in their 3rd or 4th year of high school, unless the county office of education makes a finding that the pupil is reasonably able to complete these local graduation requirements in time to graduate from high school by the end of the pupils 4th year of high school. The bill would require the county office of education to notify a pupil who may qualify for the exemption from local graduation requirements, the person holding the right to make educational decisions for the pupil, and the pupils social worker and probation officer of the availability of the exemption and whether the pupil qualifies for the exemption, within 30 calendar days of the date that the pupil transfers into a juvenile court school for an enrollment period in the juvenile court school of at least 30 days, as provided. The bill would prohibit a county office of education from requiring or requesting that a pupil who is exempted from the local graduation requirements and completes the statewide coursework requirements graduate before the end of the pupils 4th year of high school, as provided. By imposing additional duties on local educational agencies, the bill would impose a state-mandated local program.

This bill would also revise and recast the notice and consultation procedures for the above-described pupils by, among other things, requiring the county office of education to notify the pupil, the person holding the right to make educational decisions for the pupil, and the pupils social worker and probation officer about how waiving the local coursework requirements that are in addition to statewide requirements may affect the pupils postsecondary education or vocation plans, other options available to the pupil, including, but not limited to, staying enrolled in high school, possible credit recovery, and any transfer opportunities available through the California Community Colleges, and the option to defer or decline the exemption and take additional coursework, as provided. The bill would impose similar notice and consultation requirements on county offices of education, as applied to (1) a juvenile court school pupil who a county office of education determines is reasonably able to complete the local graduation requirements after the pupils 4th year of high school, and (2) a juvenile court school pupil who a county office of education determines is not reasonably able to complete the local graduation requirements after the pupils 4th year of high school, but is reasonably able to complete the statewide coursework requirements after the pupils 4th year of high school, as provided. The bill would require specified exemptions from local graduation requirements be granted within 30 days, as provided. If a pupil is not eligible for the exemption from local graduation requirements, the bill would require a county office of education to reevaluate that pupils eligibility, according to specified procedures. The bill would prohibit a county office of education from requiring or requesting a juvenile court school pupil to transfer schools in order to qualify for an exemption from local graduation requirements, and would also prohibit a juvenile court school pupil, the person holding the right to make educational decisions for the pupil, the pupils social worker, and the pupils probation officer from requesting a transfer solely to qualify for this exemption. The bill would require each county office of education to report annually to the State Department of Education the number of court school pupils who, for the prior school year, graduated with an exemption from the local graduation requirements, as provided, and would require the department to make this data publicly available on an annual basis aligned with other reporting timelines for the California School Dashboard graduation data. By imposing additional duties on local educational agencies, the bill would impose a state-mandated local program.

The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.

This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.

Under existing law, if a pupil completes the statewide coursework requirements for graduation while attending a juvenile court school, a county office of education is required to issue to the pupil a diploma of graduation and is prohibited from requiring the pupil to complete coursework or other requirements that are in addition to the statewide coursework requirements. Existing law, notwithstanding that requirement that the county office of education issue a diploma of graduation, permits the pupil to take coursework or other requirements adopted by the county board of education, and to defer the granting of the diploma until the pupil is released from the juvenile detention facility, as provided. Upon the release from a juvenile detention facility of a pupil who is entitled to a diploma, existing law authorizes that pupil to elect to decline the issuance of the diploma for the purpose of enrolling the pupil in a school operated by a local educational agency to take additional coursework, as specified. Existing law requires county offices of education to comply with specified notice and consultation procedures for these pupils, and to grant a diploma under specified circumstances, as provided.

This bill would revise and recast these provisions by, among other things, requiring a county office of education to exempt from all coursework or other requirements of the county office of education that are in addition to the statewide coursework requirements a pupil who (1) transfers into a juvenile court school any time after the completion of the pupils 2nd year of high school, (2) completes the statewide coursework requirements for graduation while attending a juvenile court school, and (3) is in their 3rd or 4th year of high school, unless the county office of education makes a finding that the pupil is reasonably able to complete these local graduation requirements in time to graduate from high school by the end of the pupils 4th year of high school. The bill would require the county office of education to notify a pupil who may qualify for the exemption from local graduation requirements, the person holding the right to make educational decisions for the pupil, and the pupils social worker and probation officer of the availability of the exemption and whether the pupil qualifies for the exemption, within 30 calendar days of the date that the pupil transfers into a juvenile court school for an enrollment period in the juvenile court school of at least 30 days, as provided. The bill would prohibit a county office of education from requiring or requesting that a pupil who is exempted from the local graduation requirements and completes the statewide coursework requirements graduate before the end of the pupils 4th year of high school, as provided. By imposing additional duties on local educational agencies, the bill would impose a state-mandated local program.

This bill would also revise and recast the notice and consultation procedures for the above-described pupils by, among other things, requiring the county office of education to notify the pupil, the person holding the right to make educational decisions for the pupil, and the pupils social worker and probation officer about how waiving the local coursework requirements that are in addition to statewide requirements may affect the pupils postsecondary education or vocation plans, other options available to the pupil, including, but not limited to, staying enrolled in high school, possible credit recovery, and any transfer opportunities available through the California Community Colleges, and the option to defer or decline the exemption and take additional coursework, as provided. The bill would impose similar notice and consultation requirements on county offices of education, as applied to (1) a juvenile court school pupil who a county office of education determines is reasonably able to complete the local graduation requirements after the pupils 4th year of high school, and (2) a juvenile court school pupil who a county office of education determines is not reasonably able to complete the local graduation requirements after the pupils 4th year of high school, but is reasonably able to complete the statewide coursework requirements after the pupils 4th year of high school, as provided. The bill would require specified exemptions from local graduation requirements be granted within 30 days, as provided. If a pupil is not eligible for the exemption from local graduation requirements, the bill would require a county office of education to reevaluate that pupils eligibility, according to specified procedures. The bill would prohibit a county office of education from requiring or requesting a juvenile court school pupil to transfer schools in order to qualify for an exemption from local graduation requirements, and would also prohibit a juvenile court school pupil, the person holding the right to make educational decisions for the pupil, the pupils social worker, and the pupils probation officer from requesting a transfer solely to qualify for this exemption. The bill would require each county office of education to report annually to the State Department of Education the number of court school pupils who, for the prior school year, graduated with an exemption from the local graduation requirements, as provided, and would require the department to make this data publicly available on an annual basis aligned with other reporting timelines for the California School Dashboard graduation data. By imposing additional duties on local educational agencies, the bill would impose a state-mandated local program.

The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.

This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.

Under existing law, if a pupil completes the statewide coursework requirements for graduation while attending a juvenile court school, a county office of education is required to issue to the pupil a diploma of graduation and is prohibited from requiring the pupil to complete coursework or other requirements that are in addition to the statewide coursework requirements. Existing law, notwithstanding that requirement that the county office of education issue a diploma of graduation, permits the pupil to take coursework or other requirements adopted by the county board of education, and to defer the granting of the diploma until the pupil is released from the juvenile detention facility, as provided. Upon the release from a juvenile detention facility of a pupil who is entitled to a diploma, existing law authorizes that pupil to elect to decline the issuance of the diploma for the purpose of enrolling the pupil in a school operated by a local educational agency to take additional coursework, as specified. Existing law requires county offices of education to comply with specified notice and consultation procedures for these pupils, and to grant a diploma under specified circumstances, as provided.

This bill would revise and recast these provisions by, among other things, requiring a county office of education to make a finding as to whether or not a juvenile court school pupil who has completed the statewide coursework requirements for graduation is reasonably able to complete local graduation requirements that are in addition to those statewide coursework requirements in time to graduate from high school by the end of the pupils 4th year of high school, as provided. The bill would require the county office of education to exempt a pupil who has completed the statewide coursework requirements from those local graduation requirements, exempt from all coursework or other requirements of the county office of education that are in addition to the statewide coursework requirements a pupil who (1) transfers into a juvenile court school any time after the completion of the pupils 2nd year of high school, (2) completes the statewide coursework requirements for graduation while attending a juvenile court school, and (3) is in their 3rd or 4th year of high school, unless the county office of education makes a finding that the pupil is reasonably able to complete them these local graduation requirements in time to graduate from high school by the end of the pupils 4th year of high school. The bill would require the county office of education to notify a pupil who may qualify for the exemption from local graduation requirements, the person holding the right to make educational decisions for the pupil, and the pupils social worker and probation officer of the availability of the exemption and whether the pupil qualifies for the exemption, within 30 calendar days of the date that the pupil transfers into a juvenile court school for an enrollment period in the juvenile court school of at least 30 days, as provided. The bill would prohibit a county office of education from requiring or requesting that a pupil who is exempted from the local graduation requirements and completes the statewide coursework requirements graduate before the end of the pupils 4th year of high school, as provided. By imposing additional duties on local educational agencies, the bill would impose a state-mandated local program.

This bill would also revise and recast the notice and consultation procedures for the above-described pupils by, among other things, requiring the county office of education to notify the pupil, the person holding the right to make educational decisions for the pupil, and the pupils social worker or and probation officer about how waiving the local coursework requirements that are in addition to statewide requirements may affect the pupils postsecondary education or vocation plans and plans, other options available to the pupil, including, but not limited to, staying enrolled in high school, possible credit recovery, and any transfer opportunities available through the California Community Colleges. Colleges, and the option to defer or decline the exemption and take additional coursework, as provided. The bill would impose similar notice and consultation requirements on county offices of education, as applied to (1) a juvenile court school pupil who a county office of education determines is reasonably able to complete the local graduation requirements after the pupils 4th year of high school, and (2) a juvenile court school pupil who a county office of education determines is not reasonably able to complete the local graduation requirements after the pupils 4th year of high school, but is reasonably able to complete the statewide coursework requirements after the pupils 4th year of high school, as provided. The bill would require specified exemptions from local graduation requirements be granted within 30 days, as provided. If a pupil is not eligible for the exemption from local graduation requirements, the bill would require a county office of education to reevaluate that pupils eligibility, according to specified procedures. The bill would prohibit a county office of education from requiring or requesting a juvenile court school pupil to transfer schools in order to qualify for an exemption from local graduation requirements, and would also prohibit a juvenile court school pupil, the person holding the right to make educational decisions for the pupil, the pupils social worker, and the pupils probation officer from requesting a transfer solely to qualify for this exemption. The bill would require each county office of education to report annually to the State Department of Education the number of court school pupils who, for the prior school year, graduated with an exemption from the local graduation requirements, as provided, and would require the department to make this data publicly available on an annual basis aligned with other reporting timelines for the California School Dashboard graduation data. By imposing additional duties on local educational agencies, the bill would impose a state-mandated local program.

The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.

This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.

Under existing law, if a pupil completes the statewide coursework requirements for graduation while attending a juvenile court school, a county office of education is required to issue to the pupil a diploma of graduation and is prohibited from requiring the pupil to complete coursework or other requirements that are in addition to the statewide coursework requirements. Existing law, notwithstanding that requirement that the county office of education issue a diploma of graduation, permits the pupil to take coursework or other requirements adopted by the county board of education, and to defer the granting of the diploma until the pupil is released from the juvenile detention facility, as provided. Upon the release from a juvenile detention facility of a pupil who is entitled to a diploma, existing law authorizes that pupil to elect to decline the issuance of the diploma for the purpose of enrolling the pupil in a school operated by a local educational agency to take additional coursework, as specified. Existing law requires county offices of education to comply with specified notice and consultation procedures for these pupils, as provided.

This bill would revise and recast these provisions by, among other things, requiring a county office of education to make a finding as to whether or not a juvenile court school pupil who has completed the statewide coursework requirements for graduation is reasonably able to complete local graduation requirements that are in addition to those statewide coursework requirements in time to graduate from high school by the end of the pupils 4th year of high school, as provided. The bill would require the county office of education to exempt a pupil who has completed the statewide coursework requirements from those local graduation requirements, unless the county office of education makes a finding that the pupil is reasonably able to complete them in time to graduate from high school by the end of the pupils 4th year of high school. The bill would prohibit a county office of education from requiring or requesting that a pupil who is exempted from the local graduation requirements and completes the statewide coursework requirements graduate before the end of the pupils 4th year of high school, as provided. By imposing additional duties on local educational agencies, the bill would impose a state-mandated local program.

This bill would also revise and recast the notice and consultation procedures for the above-described pupils by, among other things, requiring the county office of education to notify the pupil, the person holding the right to make educational decisions for the pupil, and the pupils social worker or probation officer about how waiving the local coursework requirements that are in addition to statewide requirements may affect the pupils postsecondary education or vocation plans and other options available to the pupil, including, but not limited to, staying enrolled in high school, possible credit recovery, and any transfer opportunities available through the California Community Colleges. The bill would impose similar notice and consultation requirements on county offices of education, as applied to (1) a juvenile court school pupil who a county office of education determines is reasonably able to complete the local graduation requirements after the pupils 4th year of high school, and (2) a juvenile court school pupil who a county office of education determines is not reasonably able to complete the local graduation requirements after the pupils 4th year of high school, but is reasonably able to complete the statewide coursework requirements after the pupils 4th year of high school, as provided. If a pupil is not eligible for the exemption from local graduation requirements, the bill would require a county office of education to reevaluate that pupils eligibility, according to specified procedures. The bill would require each county office of education to report annually to the State Department of Education the number of court school pupils who, for the prior school year, graduated with an exemption from the local graduation requirements, as provided, and would require the department to make this data publicly available on an annual basis aligned with other reporting timelines for the California School Dashboard graduation data. By imposing additional duties on local educational agencies, the bill would impose a state-mandated local program.

The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.

This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.

CONCURRENCE IN SENATE AMENDMENTS

CSA1 Bill Id:AB 2181

Author:(Gipson)

As Amended Ver:June 6, 2024

Majority vote

SUMMARY

Requires a juvenile court school operated by a county office of education (COE) to exempt a student from local graduation requirements of the COE, and to permit a student to remain enrolled to complete statewide coursework requirements for graduation, under specified conditions.

Senate Amendments

Clarify that it is sole discretion of the person holding the right to make educational decisions for the student, or the student themselves if they are 18 years of age or older, whether to accept, defer, or decline the exemption from local graduation requirements, based on the student's best educational interests.

COMMENTS

Major provisions of this bill. This bill aligns the rights of students enrolled in juvenile court schools with the rights of those students once they transfer back to an LEA or charter school. These are the rights afforded to other highly mobile subgroups of students, like foster, homeless, and migrant students.

Under current law, students in juvenile court schools who complete state coursework requirements for graduation are automatically issued a diploma, unless the student chooses to defer receipt of a diploma in order to continue to be enrolled while detained. This bill would eliminate the process whereby a student defers receipt of a diploma, and instead require that students in their third or fourth year of high school who meet state graduation requirements be exempted from local graduation requirements of the COE, unless it is determined that they can meet those requirements. It also permits students who are determined to be able to complete the local graduation requirements after the student's fourth year of high school, to remain enrolled after the student's fourth year of high school.

According to the author, these changes are necessary for the following reasons:

1. COEs have also noted that greater statutory clarification will better support court school students staying in high school longer if that option is best for the student. Advocacy organizations and education agencies have pointed to the possible unintended negative consequences of court school students graduating too soon, before they have a chance to gain college- and career-preparatory skills to support them in their next steps beyond high school.
2. Current law creates a disparity between options for former court school students and current court school students to stay in high school upon completion of the state minimum graduation requirements. It is unclear for students who move from being a current court school student and a former court school student, and back again, which statute applies (Education Code section 51225.1 or Education Code sections 48645.5 and 48645.7).

Post-secondary options for current court school students are improving quickly, but still remain limited in some locales. Graduating a court school student from high school too soon may result in limited education opportunities while the student remains detained.

According to the Author

"AB 2181 is a crucial step towards ensuring that current court school students have the same opportunities that former court school students, and other mobile student populations (military-connected children, foster youth, homeless youth, etc.) have to remain in high school beyond completion of the state minimum graduation requirements should they choose. This is especially important in cases in which students, despite not being academically prepared and in some cases, may prefer to continue with high school education to catch up but have no choice other than to move forward with little tools and ensure their success upon graduation. We should continue to focus on advancing opportunities for high school students to better prepare them for their future endeavors. 

This is not just about providing students an option to stay in school; it is about creating a more inclusive and equitable education system that empowers all students to reach their full potential by engaging in A-G courses, dual enrollment, and Career Technical Education opportunities. We must do our part in ensuring that students are equipped for success."

Arguments in Support

The Alameda County Office of Education writes, "Existing laws require COEs to graduate juvenile court school students when they complete the state minimum graduation requirement of 130 credits and to notify students of the option to decline the diploma and take additional high school coursework. Court school students have typically experienced multiple school transfers with different high school graduation requirements in each district, ranging from 200 to 230 credits, making credit completion for graduation difficult. Current policies provide an alternative graduation option for court school students, but can have the unintended negative consequence of court school students graduating too soon with limited skills and fewer education opportunities for them while they remained detained.

Other mobile student populations—such as former court school students, foster youth, homeless youth, youth in migrant families, and newcomer youth—experience similar challenges; existing laws provide these student populations with a possible exemption from local graduation requirements but also offer a wide array of options for them to stay in high school longer to complete local graduation requirements. These policies do not afford current court school students the same opportunities that other mobile student groups have to remain in high school beyond completion of the state minimum graduation requirements.

AB 2181 will create parity for current court school students by aligning the statute governing current court school students with statutes governing other mobile student populations, allowing current court school students to benefit from additional education opportunities before graduating. This bill is particularly vital given that some youth are staying in county juvenile facilities for longer periods of time because of the realignment of the California Division of Juvenile Justice under Senate Bill 823 (2020)."

Arguments in Opposition

None on file.

FISCAL COMMENTS

According to the Senate Appropriations Committee, this bill could result in additional, unknown Proposition 98 General Fund costs to provide Local Control Funding Formula (LCFF) funding to county offices of education to serve additional students beyond their fourth year of high school. A precise amount would depend on the actual number of students, but the amount per student in LCFF funds is about $21,000 each year. Assuming that 10 to 20 additional students can enroll for another school year as a result of this bill, the Proposition 98 General Fund costs would be between $210,000 and $420,000 each year. There could also be ongoing Proposition 98 General Fund costs for county offices of education to provide additional consultations and notices to juvenile court school students and their parents or guardians.

VOTES:

ASM EDUCATION: 7-0-0

YES: Muratsuchi, Addis, Alvarez, Bonta, Flora, Hoover, McCarty

ASM APPROPRIATIONS: 15-0-0

YES: Wicks, Sanchez, Arambula, Bryan, Calderon, Wendy Carrillo, Dixon, Mike Fong, Grayson, Haney, Hart, Jim Patterson, Pellerin, Ta, Villapudua

ASSEMBLY FLOOR: 71-0-9

YES: Addis, Aguiar-Curry, Alanis, Alvarez, Arambula, Bains, Bauer-Kahan, Bennett, Berman, Boerner, Bonta, Bryan, Calderon, Juan Carrillo, Wendy Carrillo, Chen, Connolly, Davies, Dixon, Flora, Mike Fong, Vince Fong, Gabriel, Gallagher, Garcia, Gipson, Grayson, Haney, Hart, Hoover, Irwin, Jackson, Jones-Sawyer, Kalra, Lackey, Lee, Low, Lowenthal, Maienschein, McCarty, McKinnor, Muratsuchi, Stephanie Nguyen, Ortega, Pacheco, Papan, Jim Patterson, Joe Patterson, Pellerin, Petrie-Norris, Quirk-Silva, Ramos, Rendon, Reyes, Rodriguez, Sanchez, Santiago, Schiavo, Soria, Ta, Ting, Valencia, Villapudua, Waldron, Wallis, Ward, Weber, Wilson, Wood, Zbur, Robert Rivas

ABS, ABST OR NV: Cervantes, Megan Dahle, Essayli, Friedman, Holden, Mathis, Luz Rivas, Blanca Rubio, Wicks

SENATE FLOOR: 39-0-1

YES: Allen, Archuleta, Ashby, Atkins, Becker, Blakespear, Bradford, Caballero, Cortese, Dahle, Dodd, Durazo, Eggman, Glazer, Gonzalez, Grove, Hurtado, Jones, Laird, Limón, McGuire, Menjivar, Min, Newman, Nguyen, Niello, Ochoa Bogh, Padilla, Portantino, Roth, Rubio, Seyarto, Skinner, Smallwood-Cuevas, Stern, Umberg, Wahab, Wiener, Wilk

ABS, ABST OR NV: Alvarado-Gil

UPDATED

VERSION: June 6, 2024

CONSULTANT: Tanya Lieberman / ED. / (916) 319-2087 FN: 0004629

 THIRD READING  

Bill No: AB 2181

Author: Gipson (D)

Amended: 6/6/24 in Senate

Vote: 21

SENATE EDUCATION COMMITTEE: 7-0, 6/19/24

AYES: Newman, Ochoa Bogh, Cortese, Glazer, Gonzalez, Smallwood-Cuevas, Wilk

SENATE APPROPRIATIONS COMMITTEE: 7-0, 8/15/24

AYES: Caballero, Jones, Ashby, Becker, Bradford, Seyarto, Wahab

ASSEMBLY FLOOR: 71-0, 5/23/24 - See last page for vote

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

SOURCE: Alameda County Office of Education

Los Angeles County Office of Education

Riverside County Superintendent of Schools

DIGEST:

This bill aligns exemptions from local graduation requirements for juvenile court students with those for students who are in foster care, students who are homeless, former students of a juvenile court school, a child of a military family, or a migrant student.

ANALYSIS:

Existing law:

1. Requires a county office of education to issue a diploma of graduation to a student who completes the statewide coursework requirements for graduation while attending a juvenile court school, and prohibits the student from being required to complete coursework or other requirements that are in addition to the statewide coursework requirements. (Education Code (EC) § 48645.5)
   
2. Requires the county office of education to notify the student, the education rights holder, and the student’s social worker or probation officer when the student becomes entitled to a diploma, of all of the following:
   
   1. The student’s right to a diploma.
      
   2. How taking coursework and other requirements adopted by the governing board of the county office of education, or continuing education upon release from the juvenile detention facility, will affect the student’s ability to gain admission to a postsecondary educational institution.
      
   3. Information about transfer opportunities available through the California Community Colleges.
      
   4. The option of the student or education rights holder, as applicable, to allow the student to defer or decline the diploma and take additional coursework. (EC § 48645.7)
      
3. Requires a county office of education, if it makes a finding that a juvenile court school student who is entitled to a diploma could benefit from the additional coursework and other requirements adopted by the county office of education, to do both of the following:
   
   1. Inform the student of the option to take coursework and other requirements adopted by the county office of education.
      
   2. Allow the student to take the additional coursework or other requirements adopted by county office of education, and to defer the granting of the diploma until the student is released from the juvenile detention facility, upon agreement of the student (if age 18 or older) or the education rights holder (if the student is a minor). (EC § 48645.7)
      
4. Authorizes a student/education rights holder, upon the release from a juvenile detention facility of a student who is entitled to a diploma, to elect to decline the issuance of the diploma for the purpose of enrolling the student in a school operated by a school district or charter school to take additional coursework. (EC § 48645.7)
   
5. Requires a county office of education to advise the student/education rights holder to consider, when deciding whether to elect to decline the diploma, whether the student is highly likely to do all of the following:
   
   1. Enroll in a school operated by a school district or charter school.
      
   2. Benefit from continued instruction.
      
   3. Graduate from high school. (EC § 48645.7)
      
6. Requires a county office of education to grant a diploma, upon request of the student/education rights holder, if a juvenile court school student who is entitled to receive a diploma is not granted a diploma, or if the student/education rights holder has previously deferred or declined a diploma.
   
7. Requires a local educational agency (LEA) to exempt the following student groups under the following conditions from all additional coursework and other requirements adopted by the LEA that are in addition to the statewide coursework 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:
   
   1. A student in foster care, a student who is a homeless child or youth, a former juvenile court school student, a student who is a child of a military family, or a student who is a migratory child, who:
      
      1. Transfers between schools any time after the completion of the pupil’s second year of high school; and,
         
      2. Is in their third or fourth year of high school.
         
   2. A newcomer student who is in their third or fourth year of high school. (EC § 51225.1)
      

This bill aligns exemptions from local graduation requirements for juvenile court students with those for students who are in foster care, students who are homeless, former students of a juvenile court school, a child of a military family, or a migrant student. Specifically, this bill:

1. Shifts existing provisions from giving juvenile court students the right to a diploma if specified criteria is met, to granting eligibility to qualify for an exemption from local graduation requirements.
   
2. States the conditions of eligibility for a juvenile court school student to be exempt from local high school graduation requirements, as follows:
   
   1. The student transfers into a juvenile court school after the completion of a student’s second year of high school.
      
   2. The student is in their third or fourth year of high school.
      
   3. The county office of education does not make a finding that the student is reasonably able to complete the local graduation requirements in time to graduate from high school by the end of the student’s fourth year of high school.
      
3. Strikes reference to juvenile court school students being entitlement to a diploma, and having a right to a diploma, after meeting specified criteria, and instead provides that students are qualified for an exemption from local high school graduation requirements after meeting the criteria.
   
4. Expands notification provided to the student/education rights holder, social worker, and probation officer to include:
   
   1. Other opportunities available to the student, including, but not limited to, staying enrolled in high school beyond the fourth year.
      
   2. Possible credit recovery.
      
   3. The student’s academic data and any other information relevant to making an informed decision on whether to accept the exemption from local graduation requirements. 
      
5. In relation to students continuing with coursework after meeting the minimum statewide high school graduation requirements, makes the following changes:
   
   1. Strikes reference to whether a student could benefit from the additional coursework or other requirements adopted by the county office of education, and instead whether the student is reasonably able to complete the additional local high school graduation requirements after the student’s fourth year of high school.
      
   2. Requires the county office of education to consult with the student/education rights holder regarding the student’s option to remain in school after the fourth year to complete the local graduation requirements, rather than simply informing the student of the option to take the additional locally adopted coursework. 
      
   3. Strengthens notification to students/education rights holders from simply providing “how to” information about the effect of taking the additional local coursework on gaining admission to postsecondary education institutions, by requiring the county office of education to consult with the student/education rights holder.
      
6. Makes technical and conforming changes:
   
   1. To align provisions for the exemption from local high school graduation requirements for juvenile court school students with those for students who are in foster care, students who are homeless, former students of a juvenile court school, a child of a military family, or a migrant student.
      
   2. Relative to the changes in terminology proposed by this bill.

Comments

1. Need for the bill. According to the author, “AB 2181 is a crucial step towards ensuring that current court school students have the same opportunities that former court school students, and other mobile student populations (military-connected children, foster youth, homeless youth, etc.) have to remain in high school beyond completion of the state minimum graduation requirements should they choose. This is especially important in cases in which students, despite not being academically prepared and in some cases, may prefer to continue with high school education to catch up but have no choice other than to move forward with little tools and ensure their success upon graduation. We should continue to focus on advancing opportunities for high school students to better prepare them for their future endeavors.
   
   “This is not just about providing students an option to stay in school; it is about creating a more inclusive and equitable education system that empowers all students to reach their full potential by engaging in A-G courses, dual enrollment, and Career Technical Education opportunities. We must do our part in ensuring that students are equipped for success.”
   
2. Alignment with exemptions for other student groups. This bill aligns exemptions from local graduation requirements for juvenile court students with those for students who are in foster care, students who are homeless, former students of a juvenile court school, a child of a military family, or a migrant student. Specifically, this bill:
   
   1. Shifts existing provisions from giving juvenile court students the right to a diploma if specified criteria is met, to granting eligibility to qualify for an exemption from local graduation requirements if specified criteria is met.
      
   2. Shifts the focus of determining whether a student is eligible to qualify for an exemption from local graduation requirements (in addition to shifting from the right to a diploma), from whether the student could benefit from the additional local high school graduation requirements, to whether the student is reasonably able to complete the additional local high school graduation requirements after the student’s fourth year of high school.
      
   3. Conditions eligibility for a juvenile court school student to be exempt from local high school graduation requirements, as follows:
      
      1. The student transfers into a juvenile court school after the completion of a student’s second year of high school.
         
      2. The student is in their third or fourth year of high school.
         
      3. The county office of education does not make a finding that the student is reasonably able to complete the local graduation requirements in time to graduate from high school by the end of the student’s fourth year of high school.
         
      4. The goal of this bill is to provide academic opportunities to juvenile court students beyond meeting minimum statewide high school graduation requirements, and utilize the authority to meet additional local requirements beyond their fourth year of high school.
         
3. Students may continue to receive a diploma after meeting minimum statewide high school graduation requirements. This bill does not prohibit juvenile court school students from receiving a high school diploma after meeting the minimum statewide graduation requirements, unless the county office of education makes a finding that the pupil is reasonably able to complete the local graduation requirements in time to graduate from high school by the end of the pupil’s fourth year of high school, or if the student/education rights holder declines to accept the exemption.

FISCAL EFFECT: Appropriation: No Fiscal Com.: Yes Local: Yes

According to the Senate Appropriations Committee, this bill could result in additional, unknown Proposition 98 General Fund costs to provide Local Control Funding Formula (LCFF) funding to county offices of education to serve additional students beyond their fourth year of high school. A precise amount would depend on the actual number of students, but the amount per student in LCFF funds is about $21,000 each year. Assuming that 10 to 20 additional students can enroll for another school year as a result of this bill, the Proposition 98 General Fund costs would be between $210,000 and $420,000 each year. There could also be ongoing Proposition 98 General Fund costs for county offices of education to provide additional consultations and notices to juvenile court school students and their parents or guardians.

SUPPORT: (Verified 8/15/24)

Alameda County Office of Education (Co-Source)
Los Angeles County Office of Education (Co-Source)

Riverside County Superintendent of Schools (Co-Source)
Alliance for Children's Rights
Association of California School Administrators
California County Superintendents
California Teachers Association
Small School Districts Association

OPPOSITION: (Verified 8/15/24)

None received

ASSEMBLY FLOOR: 71-0, 5/23/24

AYES: Addis, Aguiar-Curry, Alanis, Alvarez, Arambula, Bains, Bauer-Kahan, Bennett, Berman, Boerner, Bonta, Bryan, Calderon, Juan Carrillo, Wendy Carrillo, Chen, Connolly, Davies, Dixon, Flora, Mike Fong, Vince Fong, Gabriel, Gallagher, Garcia, Gipson, Grayson, Haney, Hart, Hoover, Irwin, Jackson, Jones-Sawyer, Kalra, Lackey, Lee, Low, Lowenthal, Maienschein, McCarty, McKinnor, Muratsuchi, Stephanie Nguyen, Ortega, Pacheco, Papan, Jim Patterson, Joe Patterson, Pellerin, Petrie-Norris, Quirk-Silva, Ramos, Rendon, Reyes, Rodriguez, Sanchez, Santiago, Schiavo, Soria, Ta, Ting, Valencia, Villapudua, Waldron, Wallis, Ward, Weber, Wilson, Wood, Zbur, Robert Rivas

NO VOTE RECORDED: Cervantes, Megan Dahle, Essayli, Friedman, Holden, Mathis, Luz Rivas, Blanca Rubio, Wicks

Prepared by: Lynn Lorber / ED. / (916) 651-4105

8/18/24 9:07:25

**** END ****

SENATE COMMITTEE ON APPROPRIATIONS

Senator Anna Caballero, Chair

2023 - 2024 Regular Session

AB 2181 (Gipson) - Juvenile court school pupils: graduation requirements and continued education options

Bill Summary:

This bill makes various changes related to local graduation requirements for juvenile court students, and permits a student who a county office of education (COE) determines to be able to complete the local graduation requirements after the student’s fourth year of high school, to remain enrolled.

Fiscal Impact:

This bill could result in additional, unknown Proposition 98 General Fund costs to provide Local Control Funding Formula (LCFF) funding to county offices of education to serve additional students beyond their fourth year of high school. A precise amount would depend on the actual number of students, but the amount per student in LCFF funds is about $21,000 each year. Assuming that 10 to 20 additional students can enroll for another school year as a result of this bill, the Proposition 98 General Fund costs would be between $210,000 and $420,000 each year. There could also be ongoing Proposition 98 General Fund costs for county offices of education to provide additional consultations and notices to juvenile court school students and their parents or guardians.

Background:

Existing law requires a COE to issue a diploma of graduation to a student who completes the statewide coursework requirements for graduation while attending a juvenile court school, and prohibits the student from being required to complete coursework or other requirements that are in addition to the statewide coursework requirements.

Existing law requires the COE to notify the student, the education rights holder, and the student’s social worker or probation officer when the student becomes entitled to a diploma, of all of the following:

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

Existing law requires a COE, if it makes a finding that a juvenile court school student who is entitled to a diploma could benefit from the additional coursework and other requirements adopted by the county office of education, to do both of the following: inform the student of the option to take coursework and other requirements adopted by the county office of education; and allow the student to take the additional coursework or other requirements adopted by county office of education, and to defer the granting of the diploma until the student is released from the juvenile detention facility, upon agreement of the student (if age 18 or older) or the education rights holder.

Existing law authorizes a student/education rights holder, upon the release from a juvenile detention facility of a student who is entitled to a diploma, to elect to decline the issuance of the diploma for the purpose of enrolling the student in a school operated by a school district or charter school to take additional coursework.

Existing law requires a COE to advise the student/education rights holder to consider, when deciding whether to elect to decline the diploma, whether the student is highly likely to do all of the following: enroll in a school operated by a school district or charter school; benefit from continued instruction; and graduate from high school.

Existing law requires a local educational agency (LEA) to exempt the following student groups under the following conditions from all additional coursework and other requirements adopted by the LEA that are in addition to the statewide coursework 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: a student in foster care, a student who is a homeless child or youth, a former juvenile court school student, a student who is a child of a military family, or a student who is a migratory child, who transfers between schools any time after the completion of the pupil’s second year of high school and is in their third or fourth year of high school; or newcomer student who is in their third or fourth year of high school.

Proposed Law:

Among other provisions, this bill:

1. Conditions eligibility for a juvenile court school student to be exempt from local high school graduation requirements, as follows:
   
   1. The student transfers into a juvenile court school after the completion of a student’s second year of high school.
      
   2. The student is in their third or fourth year of high school.
      
   3. The county office of education does not make a finding that the student is reasonably able to complete the local graduation requirements in time to graduate from high school by the end of the student’s fourth year of high school.
      

1. Expands the notifications provided to the student/education rights holder, social worker, and probation officer, as specified.
2. Strikes reference to whether a student could benefit from the additional coursework or other requirements adopted by the county office of education, and instead whether the student is reasonably able to complete the additional local high school graduation requirements after the student’s fourth year of high school. Permits a student who a COE determines to be able to complete the local graduation requirements after the student’s fourth of high school to remain enrolled.
3. Requires the county office of education to consult with the student/education rights holder regarding the student’s option to remain in school after the fourth year to complete the local graduation requirements, rather than simply informing the student of the option to take the additional locally adopted coursework. 
4. Modifies the notification to students/education rights holders from simply providing “how to” information about the effect of taking the additional local coursework on gaining admission to postsecondary education institutions, by requiring the county office of education to consult with the student/education rights holder.

Staff Comments:

Juvenile court schools are schools for school-age youth incarcerated at county juvenile detention facilities. Most of the youth entering these county facilities are between 15 and 17 years old and male. Education at the detention facilities is provided by COEs. In the 2022-23 fiscal year, 41 of the state’s counties maintained juvenile detention facilities with a total daily population of 1,446 youths.

Current law requires COEs to graduate a juvenile court school student when they complete state graduation requirements and to notify a student of the option to defer receipt of a high school diploma and instead take additional high school coursework. Current law also allows a highly mobile student, such as former juvenile court school students, homeless youth, and others, to enroll beyond a fourth year of high school if the student’s LEA determines the student could complete local graduation requirements by doing so.

This bill aligns exemptions from local graduation requirements for juvenile court students with those for students who are in foster care, students who are homeless, former students of a juvenile court school, a child of a military family, or a migrant student. Specifically, the bill eliminates the process whereby a student defers receipt of a diploma, and instead requires that a student in their third or fourth year of high school who meet state graduation requirements be exempted from local graduation requirements of the COE, unless the COE determines the student can meet those requirements. If the COE makes that determination, this bill would allow that student to remain enrolled in school after his or her fourth year of high school.

-- END --

SENATE COMMITTEE ON EDUCATION

Senator Josh Newman, Chair

2023 - 2024 Regular

Bill No: Hearing Date: June 19, 2024

Subject: .

SUMMARY

This bill aligns exemptions from local graduation requirements for juvenile court students with those for students who are in foster care, students who are homeless, former students of a juvenile court school, a child of a military family, or a migrant student.

BACKGROUND

Existing law:

Juvenile court school students

1. Requires a county office of education to issue a diploma of graduation to a student who completes the statewide coursework requirements for graduation while attending a juvenile court school, and prohibits the student from being required to complete coursework or other requirements that are in addition to the statewide coursework requirements. (Education Code (EC) § 48645.5)
   
2. Requires the county office of education to notify the student, the education rights holder, and the student’s social worker or probation officer when the student becomes entitled to a diploma, of all of the following:
   
   1. The student’s right to a diploma.
      
   2. How taking coursework and other requirements adopted by the governing board of the county office of education, or continuing education upon release from the juvenile detention facility, will affect the student’s ability to gain admission to a postsecondary educational institution.
      
   3. Information about transfer opportunities available through the California Community Colleges.
      
   4. The option of the student or education rights holder, as applicable, to allow the student to defer or decline the diploma and take additional coursework. (EC § 48645.7)
      
3. Requires a county office of education, if it makes a finding that a juvenile court school student who is entitled to a diploma could benefit from the additional coursework and other requirements adopted by the county office of education, to do both of the following:
   
   1. Inform the student of the option to take coursework and other requirements adopted by the county office of education.
      
   2. Allow the student to take the additional coursework or other requirements adopted by county office of education, and to defer the granting of the diploma until the student is released from the juvenile detention facility, upon agreement of the student (if age 18 or older) or the education rights holder (if the student is a minor). (EC § 48645.7)
      
4. Authorizes a student/education rights holder, upon the release from a juvenile detention facility of a student who is entitled to a diploma, to elect to decline the issuance of the diploma for the purpose of enrolling the student in a school operated by a school district or charter school to take additional coursework. (EC § 48645.7)
   
5. Requires a county office of education to advise the student/education rights holder to consider, when deciding whether to elect to decline the diploma, whether the student is highly likely to do all of the following:
   
   1. Enroll in a school operated by a school district or charter school.
      
   2. Benefit from continued instruction.
      
   3. Graduate from high school. (EC § 48645.7)
      
6. Requires a county office of education to grant a diploma, upon request of the student/education rights holder, if a juvenile court school student who is entitled to receive a diploma is not granted a diploma, or if the student/education rights holder has previously deferred or declined a diploma.
   

Foster youth, homeless youth, former juvenile court school student, child of military family, or migratory student

1. Requires a local educational agency (LEA) to exempt the following student groups under the following conditions from all additional coursework and other requirements adopted by the LEA that are in addition to the statewide coursework 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:
   
   1. A student in foster care, a student who is a homeless child or youth, a former juvenile court school student, a student who is a child of a military family, or a student who is a migratory child, who:
      
      1. Transfers between schools any time after the completion of the pupil’s second year of high school; and,
         
      2. Is in their third or fourth year of high school.
         
   2. A newcomer student who is in their third or fourth year of high school. (EC § 51225.1)
      

ANALYSIS

This bill aligns exemptions from local graduation requirements for juvenile court students with those for students who are in foster care, students who are homeless, former students of a juvenile court school, a child of a military family, or a migrant student. Specifically, this bill:

1. Shifts existing provisions from giving juvenile court students the right to a diploma if specified criteria is met, to granting eligibility to qualify for an exemption from local graduation requirements.
   
2. Conditions eligibility for a juvenile court school student to be exempt from local high school graduation requirements, as follows:
   
   1. The student transfers into a juvenile court school after the completion of a student’s second year of high school.
      
   2. The student is in their third or fourth year of high school.
      
   3. The county office of education does not make a finding that the student is reasonably able to complete the local graduation requirements in time to graduate from high school by the end of the student’s fourth year of high school.
      
3. Strikes reference to juvenile court school students being entitlement to a diploma, and having a right to a diploma, after meeting specified criteria, and instead provides that students are qualified for an exemption from local high school graduation requirements after meeting the criteria.
   
4. Expands notification provided to the student/education rights holder, social worker, and probation officer to include:
   
   1. Other opportunities available to the student, including, but not limited to, staying enrolled in high school beyond the fourth year.
      
   2. Possible credit recovery.
      
   3. The student’s academic data and any other information relevant to making an informed decision on whether to accept the exemption from local graduation requirements. 
      
5. In relation to students continuing with coursework after meeting the minimum statewide high school graduation requirements, makes the following changes:
   
   1. Strikes reference to whether a student could benefit from the additional coursework or other requirements adopted by the county office of education, and instead whether the student is reasonably able to complete the additional local high school graduation requirements after the student’s fourth year of high school.
      
   2. Requires the county office of education to consult with the student/education rights holder regarding the student’s option to remain in school after the fourth year to complete the local graduation requirements, rather than simply informing the student of the option to take the additional locally adopted coursework. 
      
   3. Strengthens notification to students/education rights holders from simply providing “how to” information about the effect of taking the additional local coursework on gaining admission to postsecondary education institutions, by requiring the county office of education to consult with the student/education rights holder.
      
6. Makes technical and conforming changes:
   
   1. To align provisions for the exemption from local high school graduation requirements for juvenile court school students with those for students who are in foster care, students who are homeless, former students of a juvenile court school, a child of a military family, or a migrant student.
      
   2. Relative to the changes in terminology proposed by this bill.

STAFF COMMENTS

1. Need for the bill. According to the author, “AB 2181 is a crucial step towards ensuring that current court school students have the same opportunities that former court school students, and other mobile student populations (military-connected children, foster youth, homeless youth, etc.) have to remain in high school beyond completion of the state minimum graduation requirements should they choose. This is especially important in cases in which students, despite not being academically prepared and in some cases, may prefer to continue with high school education to catch up but have no choice other than to move forward with little tools and ensure their success upon graduation. We should continue to focus on advancing opportunities for high school students to better prepare them for their future endeavors.
   
   “This is not just about providing students an option to stay in school; it is about creating a more inclusive and equitable education system that empowers all students to reach their full potential by engaging in A-G courses, dual enrollment, and Career Technical Education opportunities. We must do our part in ensuring that students are equipped for success.”
   
2. Alignment with exemptions for other student groups. This bill aligns exemptions from local graduation requirements for juvenile court students with those for students who are in foster care, students who are homeless, former students of a juvenile court school, a child of a military family, or a migrant student. Specifically, this bill:
   
   1. Shifts existing provisions from giving juvenile court students the right to a diploma if specified criteria is met, to granting eligibility to qualify for an exemption from local graduation requirements if specified criteria is met.
      
   2. Shifts the focus of determining whether a student is eligible to qualify for an exemption from local graduation requirements (in addition to shifting from the right to a diploma), from whether the student could benefit from the additional local high school graduation requirements, to whether the student is reasonably able to complete the additional local high school graduation requirements after the student’s fourth year of high school.
      
   3. Conditions eligibility for a juvenile court school student to be exempt from local high school graduation requirements, as follows:
      
      1. The student transfers into a juvenile court school after the completion of a student’s second year of high school.
         
      2. The student is in their third or fourth year of high school.
         
      3. The county office of education does not make a finding that the student is reasonably able to complete the local graduation requirements in time to graduate from high school by the end of the student’s fourth year of high school.
         

The goal of this bill is to provide academic opportunities to juvenile court students beyond meeting minimum statewide high school graduation requirements, and utilize the authority to meet additional local requirements beyond their fourth year of high school.

1. Students may continue to receive a diploma after meeting minimum statewide high school graduation requirements. This bill does not prohibit juvenile court school students from receiving a high school diploma after meeting the minimum statewide graduation requirements, unless the county office of education makes a finding that the pupil is reasonably able to complete the local graduation requirements in time to graduate from high school by the end of the pupil’s fourth year of high school, or if the student/education rights holder declines to accept the exemption.
   
2. Fiscal impact. According to the Assembly Appropriations Committee, this bill would impose the following costs:
   
   1. Ongoing Proposition 98 General Fund costs, of an unknown but potentially significant amount, to provide Local Control Funding Formula (LCFF) funding to county offices of education to serve additional students beyond their fourth year of high school. Per-student funding per year is about $21,000.
      
   2. If 10 additional students enrolled for another school year due to the provisions of this bill, costs would be $210,000. Costs would ultimately depend on how many more students enroll beyond their fourth year of high school as a result of this bill.
      
   3. Ongoing Proposition 98 General Fund costs to county offices of education to provide various additional consultations and notices to juvenile court school students and their parents or guardians.

SUPPORT

Alameda County Office of Education (Co-Sponsor)
Los Angeles County Office of Education (Co-Sponsor)
Alliance for Children's Rights
Association of California School Administrators
California Teachers Association
Riverside County Superintendent of Schools
Small School Districts Association

OPPOSITION

None received

-- END --

ASSEMBLY THIRD READING

ATR Bill Id:AB 2181

Author:(Gipson)

As Amended Ver:April 8, 2024

Majority vote

SUMMARY

Requires a juvenile court school operated by a county office of education (COE) to exempt a student from local graduation requirements of the COE, and to permit a student to remain enrolled to complete statewide coursework requirements for graduation, under specified conditions.

Major Provisions

1. Requires that, if a student transfers into a juvenile court school any time after the completion of their second year of high school, is in their third or fourth year of high school, and completes the state graduation requirements, the student be exempted from local graduation requirements, unless the COE makes a finding that the student is reasonably able to complete the local graduation requirements in time to graduate from high school by the end of the student's fourth year of high school.
2. Requires that, to determine whether a juvenile court school student is in the third or fourth year of high school, the number of credits the student has earned to the date of transfer, the length of the student's school enrollment, or, for students with significant gaps in school attendance, the student's age as compared to the average age of students in the third or fourth year of high school, may be used, whichever will qualify the student for the exemption.
3. Requires that, within 30 days of the date that the student qualifies for an exemption from local graduation requirements transfers into the juvenile court school, the COE notify the student or the person holding education rights, the student's social worker and probation officer, of the availability of the exemption and whether the student qualifies for it.
4. Requires that, if a juvenile court school student is exempted from local graduation requirements and completes the statewide coursework requirements before the end of the student's fourth year of high school and that student would otherwise be entitled to remain in attendance at the school, the COE not require or request that the student graduate before the end of the student's fourth year of high school.

Requires that, when a juvenile court school student qualifies for an exemption from local graduation requirements, the COE notify the student, the person holding the right to make educational decisions for the student, and the student's social worker or probation officer of specified information.

1. Removes the option for the COE to permit the student, upon agreement with the student's education rights holder, to defer the granting of the diploma until the student is released from the juvenile detention facility in order to meet local graduation requirements. Instead, requires that, if a COE determines that a juvenile court school student is reasonably able to complete the local graduation requirements after the student's fourth year of high school, the COE take specified actions.
2. States that a juvenile court school student who is eligible for the exemption from local graduation requirements and who 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 the student is otherwise eligible, including courses necessary to attend an institution of higher education, regardless of whether those courses are required for statewide graduation requirements.
3. Requires that, if a juvenile court school student who is eligible for an exemption from local graduation requirements is not exempted or if the student or the education rights holder, as applicable, has previously deferred or declined an exemption a COE grant an exemption within 30 days if it is requested by the student, if the student is 18 years of age or older, or, if the student is under 18 years of age, by the education rights holder.
4. Requires that, if a juvenile court school student is eligible for an exemption from local graduation requirements a COE not revoke that eligibility.
5. Requires that, if a former juvenile court school student is eligible for an exemption from local graduation requirements, that right continue to apply after the termination of the court's jurisdiction over the student.
6. Prohibits a COE from requiring or requesting that a juvenile court school student transfer schools in order to qualify the student for an exemption.
7. Prohibits a juvenile court school student, the person holding the right to make educational decisions for the student, the student's social worker, and the student's probation officer from requesting a transfer solely to qualify the student for an exemption.
8. Requires that, if a COE determines that a juvenile court school student is not reasonably able to complete the local graduation requirements after the student's fourth year of high school, but is reasonably able to complete the statewide coursework requirements after the student's fourth year of high school, the COE exempt the student from the local graduation requirements and provide the student the option to remain in school to complete the statewide coursework requirements. Requires the COE to consult with the student and the person holding the right to make educational decisions for the student regarding specified information.
9. Requires that, if a juvenile court school student is not eligible for an exemption from local graduation requirements in the student's third year of high school, because a COE makes a finding that the student is reasonably able to complete the local educational agency's (LEA) graduation requirements in time to graduate from high school by the end of the student's fourth year of high school, a COE reevaluate eligibility in the student's next academic year and provide written notice to the student, the person holding the right to make educational decisions for the student, and the student's social worker or probation officer, if applicable, whether the student qualifies for an exemption within the first 30 days of the student's next academic year, based on the course completion status of the student at the time of reevaluation to determine if the student continues to be reasonably able to complete the local graduation requirements in time to graduate from high school by the end of the student's fourth year of high school.
10. Requires that, if it is determined within the first 30 calendar days of the student's next academic year, that given their course completion status at the time of the reevaluation, the student is not reasonably able to complete the local graduation requirements in time to graduate from high school by the end of the student's fourth year of high school, the COE provide the student with the option to receive an exemption from all local graduation requirements or to stay in school after the student's fourth year to complete the local 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, and provide notification of the availability of these options.
11. Requires that, if the student stays in high school after the fourth year, the COE reevaluate eligibility at least annually within 30 calendar days of the beginning of the student's subsequent academic year
12. States that, if a COE offers to exempt a juvenile court school student from local graduation requirements, it is in the sole discretion of the person holding the right to make educational decisions for the student or the student themselves if they are 18 years of age or older whether to accept the exemption, based on the student's best educational interests.
13. Requires each COE to report to the California Department of Education (CDE) annually on the number of court school students who, for the prior school year, graduated with an exemption from the local graduation requirements. Requires that this data be reported for court school students graduating in the fourth year cohort or in subsequent year cohorts, and be disaggregated by cohort, race, and disability status. Requires the CDE to make this data publicly available on an annual basis aligned with other reporting timelines for the California School Dashboard graduation data.
14. Defines "local graduation requirements" to mean the coursework and other requirements for high school graduation adopted by the county board of education.

COMMENTS

Major provisions of this bill. This bill aligns the rights of students enrolled in juvenile court schools with the rights of those students once they transfer back to an LEA or charter school. These are the rights afforded to other highly mobile subgroups of students, like foster, homeless, and migrant students.

Under current law, students in juvenile court schools who complete state coursework requirements for graduation are automatically issued a diploma, unless the student chooses to defer receipt of a diploma in order to continue to be enrolled while detained. This bill would eliminate the process whereby a student defers receipt of a diploma, and instead require that students in their 3^rd or 4^th year of high school who meet state graduation requirements be exempted from local graduation requirements of the COE, unless it is determined that they can meet those requirements. It also permits students who are determined to be able to complete the local graduation requirements after the student's fourth year of high school, to remain enrolled after the student's fourth year of high school.

According to the author, these changes are necessary for the following reasons:

1. COEs have also noted that greater statutory clarification will better support court school students staying in high school longer if that option is best for the student. Advocacy organizations and education agencies have pointed to the possible unintended negative consequences of court school students graduating too soon, before they have a chance to gain college- and career-preparatory skills to support them in their next steps beyond high school.
2. Current law creates a disparity between options for former court school students and current court school students to stay in high school upon completion of the state minimum graduation requirements. It is unclear for students who move from being a current court school student and a former court school student, and back again, which statute applies (EC section 51225.1 or EC sections 48645.5 and 48645.7).
3. Post-secondary options for current court school students are improving quickly, but still remain limited in some locales. Graduating a court school student from high school too soon may result in limited education opportunities while the student remains detained.

According to the Author

"AB 2181 is a crucial step towards ensuring that current court school students have the same opportunities that former court school students, and other mobile student populations (military-connected children, foster youth, homeless youth, etc.) have to remain in high school beyond completion of the state minimum graduation requirements should they choose. This is especially important in cases in which students, despite not being academically prepared and in some cases, may prefer to continue with high school education to catch up but have no choice other than to move forward with little tools and ensure their success upon graduation. We should continue to focus on advancing opportunities for high school students to better prepare them for their future endeavors. 

This is not just about providing students an option to stay in school; it is about creating a more inclusive and equitable education system that empowers all students to reach their full potential by engaging in A-G courses, dual enrollment, and Career Technical Education opportunities. We must do our part in ensuring that students are equipped for success."

Arguments in Support

The Alameda County Office of Education writes, "Existing laws require COEs to graduate juvenile court school students when they complete the state minimum graduation requirement of 130 credits and to notify students of the option to decline the diploma and take additional high school coursework. Court school students have typically experienced multiple school transfers with different high school graduation requirements in each district, ranging from 200 to 230 credits, making credit completion for graduation difficult. Current policies provide an alternative graduation option for court school students, but can have the unintended negative consequence of court school students graduating too soon with limited skills and fewer education opportunities for them while they remained detained.

Other mobile student populations—such as former court school students, foster youth, homeless youth, youth in migrant families, and newcomer youth—experience similar challenges; existing laws provide these student populations with a possible exemption from local graduation requirements but also offer a wide array of options for them to stay in high school longer to complete local graduation requirements. These policies do not afford current court school students the same opportunities that other mobile student groups have to remain in high school beyond completion of the state minimum graduation requirements.

AB 2181 will create parity for current court school students by aligning the statute governing current court school students with statutes governing other mobile student populations, allowing current court school students to benefit from additional education opportunities before graduating. This bill is particularly vital given that some youth are staying in county juvenile facilities for longer periods of time because of the realignment of the California Division of Juvenile Justice under Senate Bill 823 (2020)."

Arguments in Opposition

None on file.

FISCAL COMMENTS

According to the Assembly Appropriations Committee:

1. Ongoing Proposition 98 General Fund costs, of an unknown but potentially significant amount, to provide Local Control Funding Formula (LCFF) funding to COEs to serve additional students beyond their fourth year of high school. Per-student funding per year is about $21,000.
2. If 10 additional students enrolled for another school year due to the provisions of this bill, costs would be $210,000. Costs would ultimately depend on how many more students enroll beyond their fourth year of high school as a result of this bill.
3. Ongoing Proposition 98 General Fund costs to COEs to provide various additional consultations and notices to juvenile court school students and their parents or guardians.

VOTES

ASM EDUCATION: 6-0-0

YES: Muratsuchi, Addis, Alvarez, Bonta, Hoover, McCarty

ASM APPROPRIATIONS: 15-0-0

YES: Wicks, Sanchez, Arambula, Bryan, Calderon, Wendy Carrillo, Dixon, Mike Fong, Grayson, Haney, Hart, Jim Patterson, Pellerin, Ta, Villapudua

UPDATED

VERSION: April 8, 2024

CONSULTANT: Tanya Lieberman / ED. / (916) 319-2087 FN: 0003131

Date of Hearing: April 24, 2024

ASSEMBLY COMMITTEE ON APPROPRIATIONS

Buffy Wicks, Chair

ABPCA Bill Id:AB 2181

Author:(Gipson) – As Amended Ver:April 8, 2024

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

SUMMARY:

This bill makes various changes related to a current juvenile court school student’s ability to earn high school diplomas, such as permitting a student who a county office of education (COE) determines to be able to complete the local graduation requirements after the student’s fourth year of high school, to remain enrolled.

Specifically, this bill, among other requirements:

1. Requires that, if a student transfers into a juvenile court school any time after the completion of their second year of high school, is in their third or fourth year of high school, and completes the state graduation requirements, the student be exempted from local graduation requirements, unless the COE makes a finding that the student is reasonably able to complete the local graduation requirements in time to graduate from high school by the end of the student’s fourth year of high school.
2. Requires that, within 30 days of the date that the student qualifies for an exemption from local graduation requirements transfers into the juvenile court school, the COE notify the student or the students’ parent or guardian and the student’s social worker and probation officer of the availability of the exemption and whether the student qualifies for it.
3. Requires that, if a COE determines that a juvenile court school student is reasonably able to complete the local graduation requirements after the student’s fourth year of high school, the COE is to permit the student to stay in school after the student’s fourth year to complete local 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 student’s parent or guardian.

FISCAL EFFECT:

1. Ongoing Proposition 98 General Fund costs, of an unknown but potentially significant amount, to provide Local Control Funding Formula (LCFF) funding to COEs to serve additional students beyond their fourth year of high school. Per-student funding per year is about $21,000.

If 10 additional students enrolled for another school year due to the provisions of this bill, costs would be $210,000. Costs would ultimately depend on how many more students enroll beyond their fourth year of high school as a result of this bill.

1. Ongoing Proposition 98 General Fund costs to COEs to provide various additional consultations and notices to juvenile court school students and their parents or guardians.

If the Commission on State Mandates determines the bill’s requirements to be a reimbursable state mandate, the state would need to reimburse these costs to local educational agencies (LEAs) or provide funding through the K-12 Mandate Block Grant.

COMMENTS:

1. Purpose. According the Alameda County Office of Education, a supporter of this bill:

Current policies provide an alternative graduation option for court school students, but can have the unintended negative consequence of court school students graduating too soon with limited skills and fewer education opportunities for them while they remained detained. Other mobile student populations—such as former court school students, foster youth, homeless youth, youth in migrant families, and newcomer youth—experience similar challenges; existing laws provide these student populations with a possible exemption from local graduation requirements but also offer a wide array of options for them to stay in high school longer to complete local graduation requirements. These policies do not afford current court school students the same opportunities that other mobile student groups have to remain in high school beyond completion of the state minimum graduation requirements.

1. Background. Juvenile court schools are schools for school-age youth incarcerated at county juvenile detention facilities. In the 2022 fiscal year, 41 of the 58 counties maintained juvenile detention facilities with a total daily population of 1,446 youths. Most youths entering county facilities are between 15 and 17 years old and male. Education at the detention facilities is provided by COEs. The duration of enrollment of a youth in a juvenile court school varies widely. Some students are only enrolled for a matter of weeks or less, while others are enrolled for years.

The state provides COEs with funding for county juvenile schools through the LCFF. In the 2022-23 academic year, the full-time equivalent rate per-student was about $21,000. In that year, COEs generated a total of $70 million in LCFF funding from 3,300 full-time equivalent students.

The state has established minimum graduation requirements for a student to earn a high school diploma. The requirements include completion of various courses and a minimum number of completed credits. The state’s graduation requirements do not require students to complete college preparatory requirements, known as “A-G” requirements. Student must fulfill A-G requirements to be admitted in the California State University or the University of California. LEAs can set high school graduation requirements above the state’s high school graduation requirements.

Current law requires COEs to graduate a juvenile court school student when they complete state graduation requirements and requires COEs to notify a student of the option to defer receipt of a high school diploma and instead take additional high school coursework. Current law allows a highly mobile student, such as former juvenile court school students, homeless youth, and others, to enroll beyond a fourth year of high school if the student’s LEA determines the student could complete local graduation requirements by doing so.

This bill would eliminate the process whereby a student defers receipt of a diploma, and instead requires that a student in their third or fourth year of high school who meet state graduation requirements be exempted from local graduation requirements of the COE, unless the COE determines the student can meet those requirements. The bill also allows a student the COE determines would to be able to complete not only state graduation requirements, but local graduation requirements, after the student’s fourth year of high school to remain enrolled in school.

Analysis Prepared by: Natasha Collins / APPR. / (916) 319-2081

Date of Hearing: April 3, 2024

ASSEMBLY COMMITTEE ON EDUCATION

Al Muratsuchi, Chair

ABPCA Bill Id:AB 2181 (

Author:Gipson) – As Amended Ver:April 1, 2024

SUBJECT: Juvenile court school students: graduation requirements and continued education options

SUMMARY: Requires a juvenile court school operated by a county office of education (COE) to exempt a student from local graduation requirements of the COE, and to permit a student to remain enrolled to complete statewide coursework requirements for graduation, under specified conditions. Specifically, this bill:

1. Requires that, if a student transfers into a juvenile court school any time after the completion of their second year of high school, is in their third or fourth year of high school, and completes the state graduation requirements, the student be exempted from local graduation requirements, unless the COE makes a finding that the student is reasonably able to complete the local graduation requirements in time to graduate from high school by the end of the student’s fourth year of high school.
2. Requires that, to determine whether a juvenile court school student is in the third or fourth year of high school, the number of credits the student has earned to the date of transfer, the length of the student’s school enrollment, or, for students with significant gaps in school attendance, the student’s age as compared to the average age of students in the third or fourth year of high school, may be used, whichever will qualify the student for the exemption.
3. Requires that, within 30 days of the date that the student qualifies for an exemption from local graduation requirements transfers into the juvenile court school, the COE notify the student or the person holding education rights, the student’s social worker and probation officer, of the availability of the exemption and whether the student qualifies for it.

1. Requires that, if a juvenile court school student is exempted from local graduation requirements and completes the statewide coursework requirements before the end of the student’s fourth year of high school and that student would otherwise be entitled to remain in attendance at the school, the COE not require or request that the student graduate before the end of the student’s fourth year of high school.

Requires that, when a juvenile court school student qualifies for an exemption from local graduation requirements, the COE notify the student, the person holding the right to make educational decisions for the student, and the student’s social worker or probation officer of all of the following:

1. The availability of the exemption;
2. How any of the local graduation requirements that are waived may affect the student’s postsecondary education or vocation plans, including the ability to gain admission to, an institution of higher education;
3. Information about other opportunities available to the student, including, staying enrolled in high school beyond the fourth year, possible credit recovery, and any transfer opportunities available through the California Community Colleges (CCC); and
4. The student’s academic data and any other information relevant to making an informed decision on whether to accept the exemption from local graduation requirements.
5. Removes the option for the COE to permit the student, upon agreement with the student’s education rights holder, to defer the granting of the diploma until the student is released from the juvenile detention facility in order to meet local graduation requirements. Instead, requires that, if a COE determines that a juvenile court school student is reasonably able to complete the local graduation requirements after the student’s fourth year of high school, the COE do all of the following:
6. Consult with the student and the person holding the right to make educational decisions for the student regarding the student’s option to remain in school after the student’s fourth year to complete the local graduation requirements;
7. Consult with the student and the person holding the right to make educational decisions for the student, about how remaining in school after the student’s fourth year of high school to complete the local graduation requirements will affect the student’s ability to gain admission to an institution of higher education;
8. Consult with and provide information to the student about transfer opportunities available through the CCC; and
9. Permit the student to stay in school after the student’s fourth year to complete local 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.
10. States that a juvenile court school student who is eligible for the exemption from local graduation requirements and who 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 the student is otherwise eligible, including courses necessary to attend an institution of higher education, regardless of whether those courses are required for statewide graduation requirements.
11. Requires that, upon the release from a juvenile detention facility of a student who is entitled to an exemption from local graduation requirements, the student, if the student is 18 years of age or older, or, if the student is under 18 years of age, the person holding the right to make educational decisions for the student, may elect to decline the exemption for the purpose of enrolling in a school operated by a local educational agency (LEA) or a charter school to take additional coursework. Requires the COE to advise the student, if the student is 18 years of age or older, or, if the student is under 18 years of age, the person holding the right to make educational decisions for the student, to consider, when deciding whether to elect to decline the exemption, whether the student is highly likely to do all of the following:
12. Enroll in a school operated by an LEA or a charter school;
13. Benefit from continued instruction; and
14. Graduate from high school.
15. Requires that, if a juvenile court school student who is eligible for an exemption from local graduation requirements is not exempted or if the student or the education rights holder, as applicable, has previously deferred or declined an exemption a COE grant an exemption within 30 days if it is requested by the student, if the student is 18 years of age or older, or, if the student is under 18 years of age, by the education rights holder.
16. Requires that, if a juvenile court school student is eligible for an exemption from local graduation requirements a COE not revoke that eligibility.
17. Requires that, if a former juvenile court school student is eligible for an exemption from local graduation requirements, that right continue to apply after the termination of the court’s jurisdiction over the student.
18. Prohibits a COE from requiring or requesting that a juvenile court school student transfer schools in order to qualify the student for an exemption.
19. Prohibits a juvenile court school student, the person holding the right to make educational decisions for the student, the student’s social worker, and the student’s probation officer from requesting a transfer solely to qualify the student for an exemption.
20. Requires that, if a COE determines that a juvenile court school student is not reasonably able to complete the local graduation requirements after the student’s fourth year of high school, but is reasonably able to complete the statewide coursework requirements after the student’s fourth year of high school, the COE exempt the student from the local graduation requirements and provide the student the option to remain in school to complete the statewide coursework requirements. Requires the COE to consult with the student and the person holding the right to make educational decisions for the student regarding all of the following:
21. The student’s option to remain in school to complete the statewide coursework requirements;
22. How waiving the local educational requirements and remaining in school may affect the student’s postsecondary education or vocation plans, including the ability to gain admission to an institution of higher education;
23. Whether any other options are available to the student, including, but not limited to, possible credit recovery, and any transfer opportunities available through the CCC; and
24. The student’s academic data and any other information relevant to making an informed decision on whether to accept the exemption and option to remain in school to complete the statewide coursework requirements.
25. Requires that, if a juvenile court school student is not eligible for an exemption from local graduation requirements in the student’s third year of high school, because a COE 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, a COE reevaluate eligibility in the student’s next academic year and provide written notice to the student, the person holding the right to make educational decisions for the student, and the student’s social worker or probation officer, if applicable, whether the student qualifies for an exemption within the first 30 days of the student’s next academic year, based on the course completion status of the student at the time of reevaluation to determine if the student continues to be reasonably able to complete the local graduation requirements in time to graduate from high school by the end of the student’s fourth year of high school.
26. Requires that, if it is determined within the first 30 calendar days of the student’s next academic year, that given their course completion status at the time of the reevaluation, the student is not reasonably able to complete the local graduation requirements in time to graduate from high school by the end of the student’s fourth year of high school, the COE provide the student with the option to receive an exemption from all local graduation requirements or to stay in school after the student’s fourth year to complete the local 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, and provide notification of the availability of these options.
27. Requires that, if the student stays in high school after the fourth year, the COE reevaluate eligibility at least annually within 30 calendar days of the beginning of the student’s subsequent academic year.
28. States that, if a COE offers to exempt a juvenile court school student from local graduation requirements, it is in the sole discretion of the person holding the right to make educational decisions for the student or the student themselves if they are 18 years of age or older whether to accept the exemption, based on the student’s best educational interests.
29. Requires each COE to report to the California Department of Education (CDE) annually on the number of court school students who, for the prior school year, graduated with an exemption from the local graduation requirements. Requires that this data be reported for court school students graduating in the fourth year cohort or in subsequent year cohorts, and be disaggregated by cohort, race, and disability status. Requires the CDE to make this data publicly available on an annual basis aligned with other reporting timelines for the California School Dashboard graduation data.
30. Defines “local graduation requirements” to mean the coursework and other requirements for high school graduation adopted by the county board of education.

EXISTING LAW:

1. Requires each public school district and COE to accept for credit full or partial coursework satisfactorily completed by a student while attending a public school, juvenile court school, or nonpublic, nonsectarian school or agency. (Education Code (EC) 48645.5)
2. Requires that, if a student completes the graduation requirements of his or her school district of residence while being detained, the school district of residence issue to the student a diploma from the school the student last attended before detention or, in the alternative, the county superintendent of schools may issue the diploma. (EC 48645.5)
3. Prohibits a student from being denied enrollment or readmission to a public school solely on the basis that he or she has had contact with the juvenile justice system, as specified. (EC 48645.5)
4. Requires that a student who has had contact with the juvenile justice system be immediately enrolled in a public school. (EC 48645.5)
5. Requires that, if a student completes the statewide coursework requirements for graduation while attending a juvenile court school, the COE issue to the student a diploma of graduation and not require the student to complete coursework or other requirements that are in addition to the statewide coursework requirements. (EC 48645.5)
6. Requires that, when a juvenile court school student becomes entitled to a diploma, the COE notify the student, the person holding the right to make educational decisions for the student, and the student’s social worker or probation officer of all of the following:
7. The student’s right to a diploma;
8. How taking coursework and other requirements adopted by the governing board of the COE or continuing education upon release from the juvenile detention facility will affect the student’s ability to gain admission to a postsecondary educational institution;
9. Information about transfer opportunities available through the CCC; and
10. The student’s or the education rights holder’s, as applicable, option to allow the student to defer or decline the diploma and take additional coursework. (EC 48645.7)
11. Requires that, if a COE makes a finding that a juvenile court school student who is entitled to a diploma could benefit from the coursework and other requirements adopted by the governing board of the COE, it do both of the following:
12. Inform the student of his or her option to take coursework and other requirements adopted by the governing board of the COE; and
13. Permit the student, upon agreement with the person holding the right to make educational decisions for the student, to take coursework or other requirements adopted by the governing board of the COE, and to defer the granting of the diploma until the student is released from the juvenile detention facility. (EC 48645.7)
14. Requires that, upon the release from a juvenile detention facility of a student who is entitled to a diploma, the person holding the right to make educational decisions for the student, may elect to decline the issuance of the diploma for the purpose of enrolling the student in a school operated by an LEA or charter school to take additional coursework. (EC 48645.7)
15. Requires the COE to advise the person holding the right to make educational decisions for the student, to consider, when deciding whether to elect to decline the diploma, whether the student is highly likely to do all of the following:
16. Enroll in a school operated by an LEA or charter school;
17. Benefit from continued instruction; and
18. Graduate from high school. (EC 48645.7)
19. Requires that, if a juvenile court school student who is entitled to receive a diploma is not granted a diploma or if the student or the education rights holder, as applicable, has previously deferred or declined a diploma, a COE to grant a diploma if it is so requested.
20. Prohibits, if a juvenile court school student is entitled to a diploma, a COE from revoking that eligibility.
21. States that, if a former juvenile court school student is entitled to a diploma, that right continues to apply after the termination of the court’s jurisdiction over the student. (EC 48645.7)

FISCAL EFFECT: This bill has been keyed a possible state-mandated local program by the Office of Legislative Counsel.

COMMENTS:

Need for the bill. According to the author, “AB 2181 is a crucial step towards ensuring that current court school students have the same opportunities that former court school students, and other mobile student populations (military-connected children, foster youth, homeless youth, etc.) have to remain in high school beyond completion of the state minimum graduation requirements should they choose. This is especially important in cases in which students, despite not being academically prepared and in some cases, may prefer to continue with high school education to catch up but have no choice other than to move forward with little tools and ensure their success upon graduation. We should continue to focus on advancing opportunities for high school students to better prepare them for their future endeavors. 

This is not just about providing students an option to stay in school; it is about creating a more inclusive and equitable education system that empowers all students to reach their full potential by engaging in A-G courses, dual enrollment, and Career Technical Education opportunities. We must do our part in ensuring that students are equipped for success.”

Major provisions of this bill. This bill aligns the rights of students enrolled in juvenile court schools with the rights of those students once they transfer back to an LEA or charter school. These are the rights afforded to other highly mobile subgroups of students, like foster, homeless, and migrant students.

Under current law, students in juvenile court schools who complete state coursework requirements for graduation are automatically issue a diploma, unless the student chooses to defer receipt of a diploma in order to continue to be enrolled while detained. This bill would eliminate the process whereby a student defers receipt of a diploma, and instead require that students in their 3^rd or 4^th year of high school who meet state graduation requirements be exempted from local graduation requirements of the COE, unless it is determined that they can meet those requirements. It also permits students who are determined to be able to complete the local graduation requirements after the student’s fourth year of high school, to remain enrolled after the student’s fourth year of high school.

According to the author, these changes are necessary for the following reasons:

• COEs have also noted that greater statutory clarification will better support court school students staying in high school longer if that option is best for the student. Advocacy organizations and education agencies have pointed to the possible unintended negative consequences of court school students graduating too soon, before they have a chance to gain college- and career-preparatory skills to support them in their next steps beyond high school.
• Current law creates a disparity between options for former court school students and current court school students to stay in high school upon completion of the state minimum graduation requirements. It is unclear for students who move from being a current court school student and a former court school student, and back again, which statute applies (EC section 51225.1 or EC sections 48645.5 and 48645.7).
• Post-secondary options for current court school students are improving quickly, but still remain limited in some locales. Graduating a court school student from high school too soon may result in limited education opportunities while the student remains detained.

Data on students enrolled in juvenile court schools. A 2023 report by the Youth Law Center, Out of Sight, Out of Mind, finds a “lack of meaningful data that measures the outcomes most relevant to court school students. This lack of data makes it difficult for policymakers and stakeholders, including the court schools themselves, to adequately track successes, as well as areas in need of improvement.”

The report found that, with respect to graduation rates, “available data does not meaningfully capture graduation rates for juvenile court school students; for example, there are four different graduation rate metrics currently available for court schools, each of which can show very different results in the same school, as is discussed in more detail in the full report.” Utilizing the 4-year Adjusted Cohort Graduation Rate, the report found:

• During the 2018-2019 school year, juvenile court schools’ reported graduation rates ranged from 3.6% to 75%, while the statewide graduation rate for all public schools was 84.5%; and
• During the 2021-2022 school year, the reported graduation rates for court schools ranged from 0% to 66.7%, while the statewide graduation rate was 87%.

Juvenile court schools. According to the CDE, the purpose of juvenile court schools is to provide mandated, compulsory public education services for juvenile offenders who are under the protection or authority of the county juvenile justice system and are incarcerated in juvenile halls, juvenile homes, day centers, juvenile ranches, juvenile camps, or regional youth educational facilities. Juvenile court schools are operated through COEs. 

The juvenile court school provides opportunities for students to complete a course of study leading to a high school diploma. A minimum day program for juvenile court schools is 240 minutes. Students must take all required public education assessments.

Upon release, or after the court terminates jurisdiction, students of ages sixteen to eighteen who are not exempt from compulsory school attendance are required to continue their public education. These students are provided planning and transition services critical to a successful transfer back to a public school.

Arguments in support. The Alameda County Office of Education writes, “Existing laws require COEs to graduate juvenile court school students when they complete the state minimum graduation requirement of 130 credits and to notify students of the option to decline the diploma and take additional high school coursework. Court school students have typically experienced multiple school transfers with different high school graduation requirements in each district, ranging from 200 to 230 credits, making credit completion for graduation difficult. Current policies provide an alternative graduation option for court school students, but can have the unintended negative consequence of court school students graduating too soon with limited skills and fewer education opportunities for them while they remained detained.

Other mobile student populations—such as former court school students, foster youth, homeless youth, youth in migrant families, and newcomer youth—experience similar challenges; existing laws provide these student populations with a possible exemption from local graduation requirements but also offer a wide array of options for them to stay in high school longer to complete local graduation requirements. These policies do not afford current court school students the same opportunities that other mobile student groups have to remain in high school beyond completion of the state minimum graduation requirements.

AB 2181 will create parity for current court school students by aligning the statute governing current court school students with statutes governing other mobile student populations, allowing current court school students to benefit from additional education opportunities before graduating. This bill is particularly vital given that some youth are staying in county juvenile facilities for longer periods of time because of the realignment of the California Division of Juvenile Justice under Senate Bill 823 (2020).”

Recommended Committee amendments. Staff recommends that this bill be amended to delete subdivision (d) of section 48645.7, as this provision is no longer necessary.

Related legislation. AB 1124 (Cervantes), Chapter 754, Statutes of 2017, permits the education rights holders of students enrolled in juvenile court schools to voluntarily defer or decline the issuance of a diploma for meeting state graduation requirements so that a student may take additional coursework at the juvenile court school or, once released, at a school operated by an LEA.

SB 304 (Portantino) of the 2017-18 Session would have expanded the components of the joint transition planning policy relative to coordinating education and services for youth in the juvenile justice system, developed by the COE the county probation department, to include specified information. This bill was vetoed by the Governor, who stated:

I signed Assembly Bill 2276 in 2014, which requires a COE and probation department to develop a joint transition planning policy to assist students transitioning from juvenile court schools to other schools. I believe this provides sufficient guidance to get the job done.

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

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

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

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

REGISTERED SUPPORT / OPPOSITION:

Support

Alameda County Board of Education
Alameda County Office of Education
Association of California School Administrators
California County Superintendents
California School Boards Association
Los Angeles County Office of Education
Milpa Collective
Office of the Riverside County Superintendent of Schools
Pacific Juvenile Defender Center
Youth Leadership Institute

1 individual

Opposition

None on file

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