AB 714: Pupil instruction: newcomer pupils: curriculum frameworks: high school coursework and graduation requirements: exemptions and alternatives.
- Session Year: 2023-2024
- House: Assembly
- Latest Version Date: 2023-10-07
Current Status:
Passed
(2023-10-07: Chaptered by Secretary of State - Chapter 342, Statutes of 2023.)
Introduced
In Committee
First Chamber
In Committee
Second Chamber
Enacted
What does this bill do?
The bill requires the State Department of Education to post online guidance and annual enrollment data about newcomer pupils (recent immigrant students and English learners) and directs the Instructional Quality Commission to add teacher resources for newcomer pupils to curriculum frameworks and K–8 instructional materials. It also requires school districts and charter schools to accept and issue full or partial credit for coursework newcomer pupils completed elsewhere and applies existing graduation-exemption and consultation rules to newcomer pupils. Finally, it allows middle and high school English learner newcomer pupils, or those in newcomer programs, to be temporarily excluded from some standard courses for focused remediation if needed to catch up.
The summary is provided by generative AI which can make mistakes. For original language, please view the details in the table below.
(1)Existing law, subject to an appropriation of funds for this purpose in the annual Budget Act, requires the State Department of Social Services, in collaboration with the State Department of Education, to administer the California Newcomer Education and Well-Being Program (CalNEW) to provide services for newcomer pupils, English learners, and immigrant families by allocating funding to school districts and county offices of education, as specified. Existing law, for the purposes of CalNEW, defines newcomer pupils as individuals 3 through 21 years of age who were not born in any state and have not been attending one or more schools in any one or more states for more than 3 full academic years.
This bill would require the State Department of Education to (A) curate and maintain on its internet website information regarding requirements, best practices, and available state and federally funded programs for newcomer pupils and (B) publicly report on an annual basis on its internet website the enrollment of newcomer pupils, as provided.
(2)Existing law requires the Instructional Quality Commission to recommend curriculum frameworks to the State Board of Education.
This bill would require the commission to consider including content designed to provide teachers with resources to meet the unique academic and English language development needs of newcomer pupils at all grade levels at the next regularly scheduled revision of the curriculum framework in English Language Arts and English Language Development. The bill would also require the commission to ensure that the instructional materials for pupils in kindergarten or any of grades 1 to 8, inclusive, that it recommends to the state board for adoption include resources to help teachers meet the needs of newcomer pupils.
(3)Existing law defines a pupil participating in a newcomer program as a pupil who is participating in a program designed to meet the academic and transitional needs of newly arrived immigrant pupils that has as a primary objective the development of English language proficiency. Existing law requires local educational agencies to exempt a pupil participating in a newcomer program and who is in their 3rd or 4th year of high school from all coursework and other requirements adopted by the governing body of the local educational agency that are in addition to the statewide coursework requirements necessary to receive a diploma of graduation from high school, unless the local educational agency makes a finding that the pupil is reasonably able to complete the local educational agencys graduation requirements in time to graduate from high school by the end of the pupils 4th year of high school. Existing law requires local educational agencies to comply with other procedures in relation to pupils participating in newcomer programs, including, among other things, consultation and notice provisions. Existing law requires local educational agencies to issue, and new local educational agencies to accept, full or partial credit for all full or partial coursework satisfactorily completed by a pupil participating in a newcomer program while attending a public school, a juvenile court school, a charter school, a school in a country other than the United States, or a nonpublic, nonsectarian school, as provided.
This bill would require that local educational agencies comply with the above-described coursework exemptions, pupil consultation and notice requirements, acceptance of coursework completed at other schools, and other requirements for newcomer pupils, as defined, instead of for pupils participating in a newcomer program. By imposing new duties on local educational agencies, the bill would impose a state-mandated local program.
(4)Existing law prohibits a middle or high school pupil who is classified as an English learner from being denied participation in the standard instructional program of a school, as provided. Existing law authorizes certain pupils to be denied access to enrollment in courses that are part of the standard instructional program, including middle school or high schools pupils classified as English learners and who have recently arrived in the United States or who are participating in a program designed to meet the academic and transitional needs of newly arrived immigrant pupils that has as a primary objective the development of English language proficiency, as provided.
This bill instead would authorize a middle or high school pupil who is classified as an English learner and who is a newcomer pupil, as defined, or is participating in a program designed to meet the transitional needs of newcomer pupils that has as a primary objective the development of English language proficiency to be denied access to enrollment in courses that are part of the standard instructional program, as provided. By imposing new requirements on local educational agencies, the bill would impose a state-mandated local program.
(5)The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.
(1)Existing law, subject to an appropriation of funds for this purpose in the annual Budget Act, requires the State Department of Social Services, in collaboration with the State Department of Education, to administer the California Newcomer Education and Well-Being Program (CalNEW) to provide services for newcomer pupils, English learners, and immigrant families by allocating funding to school districts and county offices of education, as specified. Existing law, for the purposes of CalNEW, defines newcomer pupils as individuals 3 through 21 years of age who were not born in any state and have not been attending one or more schools in any one or more states for more than 3 full academic years.
This bill would require the State Department of Education to (A) curate and maintain on its internet website information regarding requirements, best practices, and available state and federally funded programs for newcomer pupils and (B) publicly report on an annual basis on its internet website the enrollment of newcomer pupils, as provided.
(2)Existing law requires the Instructional Quality Commission to recommend curriculum frameworks to the State Board of Education.
This bill would require the commission to consider including content designed to provide teachers with resources to meet the unique academic and English language development needs of newcomer pupils at all grade levels at the next regularly scheduled revision of the curriculum framework in English Language Arts and English Language Development. The bill would also require the commission to ensure that the instructional materials for pupils in kindergarten or any of grades 1 to 8, inclusive, that it recommends to the state board for adoption include resources to help teachers meet the needs of newcomer pupils.
(3)Existing law defines a pupil participating in a newcomer program as a pupil who is participating in a program designed to meet the academic and transitional needs of newly arrived immigrant pupils that has as a primary objective the development of English language proficiency. Existing law requires local educational agencies to exempt a pupil participating in a newcomer program and who is in their 3rd or 4th year of high school from all coursework and other requirements adopted by the governing body of the local educational agency that are in addition to the statewide coursework requirements necessary to receive a diploma of graduation from high school, unless the local educational agency makes a finding that the pupil is reasonably able to complete the local educational agencys graduation requirements in time to graduate from high school by the end of the pupils 4th year of high school. Existing law requires local educational agencies to comply with other procedures in relation to pupils participating in newcomer programs, including, among other things, consultation and notice provisions. Existing law requires local educational agencies to issue, and new local educational agencies to accept, full or partial credit for all full or partial coursework satisfactorily completed by a pupil participating in a newcomer program while attending a public school, a juvenile court school, a charter school, a school in a country other than the United States, or a nonpublic, nonsectarian school, as provided.
This bill would require that local educational agencies comply with the above-described coursework exemptions, pupil consultation and notice requirements, acceptance of coursework completed at other schools, and other requirements for newcomer pupils, as defined, instead of for pupils participating in a newcomer program. By imposing new duties on local educational agencies, the bill would impose a state-mandated local program.
(4)Existing law prohibits a middle or high school pupil who is classified as an English learner from being denied participation in the standard instructional program of a school, as provided. Existing law authorizes certain pupils to be denied access to enrollment in courses that are part of the standard instructional program, including middle school or high schools pupils classified as English learners and who have recently arrived in the United States or who are participating in a program designed to meet the academic and transitional needs of newly arrived immigrant pupils that has as a primary objective the development of English language proficiency, as provided.
This bill instead would authorize a middle or high school pupil who is classified as an English learner and who is a newcomer pupil, as defined, or is participating in a program designed to meet the transitional needs of newcomer pupils that has as a primary objective the development of English language proficiency to be denied access to enrollment in courses that are part of the standard instructional program, as provided. By imposing new requirements on local educational agencies, the bill would impose a state-mandated local program.
(5)The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.
(1)Existing law, subject to an appropriation of funds for this purpose in the annual Budget Act, requires the State Department of Social Services, in collaboration with the State Department of Education, to administer the California Newcomer Education and Well-Being Program (CalNEW) to provide services for newcomer pupils, English learners, and immigrant families by allocating funding to school districts, districts and county offices of education, as specified. Existing law, for the purposes of CalNEW, defines newcomer pupils as individuals 3 through 21 years of age who were not born in any state and have not been attending one or more schools in any one or more states for more than 3 full academic years.
This bill would require the State Department of Education to (A) develop and issue guidance curate and maintain on its internet website information regarding requirements, best practices, and available state and federally funded programs for newcomer pupils and (B) publicly report on an annual basis on its internet website the enrollment of newcomer pupils, as provided.
(2)Existing law requires the Instructional Quality Commission to recommend curriculum frameworks to the State Board of Education.
This bill would require the commission to consider including content designed to provide teachers with resources to meet the unique academic and English language development needs of newcomer pupils at all grade levels at the next regularly scheduled revision of the curriculum framework in English Language Arts and English Language Development. The bill would also require the commission to ensure that the instructional materials for pupils in kindergarten or any of grades 1 to 8, inclusive, that it recommends to the state board for adoption include resources to help teachers meet the needs of newcomer pupils.
(3)Existing law defines a pupil participating in a newcomer program as a pupil who is participating in a program designed to meet the academic and transitional needs of newly arrived immigrant pupils that has as a primary objective the development of English language proficiency. Existing law requires local educational agencies to exempt a pupil participating in a newcomer program and who is in their 3rd or 4th year of high school from all coursework and other requirements adopted by the governing body of the local educational agency that are in addition to the statewide coursework requirements necessary to receive a diploma of graduation from high school, unless the local educational agency makes a finding that the pupil is reasonably able to complete the local educational agencys graduation requirements in time to graduate from high school by the end of the pupils 4th year of high school. Existing law requires local educational agencies to comply with other procedures in relation to pupils participating in newcomer programs, including, among other things, consultation and notice provisions. Existing law requires local educational agencies to issue, and new local educational agencies to accept, full or partial credit for all full or partial coursework satisfactorily completed by a pupil participating in a newcomer program while attending a public school, a juvenile court school, a charter school, a school in a country other than the United States, or a nonpublic, nonsectarian school, as provided.
This bill would require that local educational agencies comply with the above-described coursework exemptions, pupil consultation and notice requirements, acceptance of coursework completed at other schools, and other requirements for newcomer pupils, as defined, instead of for pupils participating in a newcomer program. By imposing new duties on local educational agencies, the bill would impose a state-mandated local program.
(4)Existing law prohibits a middle or high school pupil who is classified as an English learner from being denied participation in the standard instructional program of a school, as provided. Existing law authorizes certain pupils to be denied access to enrollment in courses that are part of the standard instructional program, including middle school or high schools pupils classified as English learners and who have recently arrived in the United States or who are participating in a program designed to meet the academic and transitional needs of newly arrived immigrant pupils that has as a primary objective the development of English language proficiency, as provided.
This bill instead would authorize a middle or high school pupil who is classified as an English learner and who is a newcomer pupil, as defined, or is participating in a program designed to meet the transitional needs of newcomer pupils that has as a primary objective the development of English language proficiency to be denied access to enrollment in courses that are part of the standard instructional program, as provided. By imposing new requirements on local educational agencies, the bill would impose a state-mandated local program.
(5)The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.
(1)Existing law, subject to an appropriation of funds for this purpose in the annual Budget Act, requires the State Department of Social Services, in collaboration with the State Department of Education, to administer the California Newcomer Education and Well-Being Program (CalNEW) to provide services for newcomer pupils, English learners, and immigrant families by allocating funding to school districts, as specified. Existing law, for the purposes of CalNEW, defines newcomer pupils as individuals 3 through 21 years of age who were not born in any state and have not been attending one or more schools in any one or more states for more than 3 full academic years.
This bill would, subject to an appropriation of funds for its purposes, would require the State Department of Education, in consultation with the State Department of Social Services, Education to (A) develop and issue guidance regarding requirements, best practices, and available state and federally funded programs for newcomer pupils, pupils and (B) publicly report on an annual basis on its internet website the enrollment and performance of newcomer pupils, as provided, and (C) maintain at least one position dedicated to supporting local educational agencies, including charter schools, in serving newcomer pupils, as provided.
(2)Existing law requires the Instructional Quality Commission to recommend curriculum frameworks to the State Board of Education.
This bill would require the commission to consider including content designed to provide teachers with resources to meet the unique academic and English language development needs of newcomer pupils at all grade levels at the next regularly scheduled revision of the curriculum framework in English Language Arts and English Language Development. The bill would also require the commission to ensure that the instructional materials for pupils in kindergarten or any of grades 1 to 8, inclusive, that it recommends to the state board for adoption include resources to help teachers meet the needs of newcomer pupils.
(3)Existing law defines a pupil participating in a newcomer program as a pupil who is participating in a program designed to meet the academic and transitional needs of newly arrived immigrant pupils that has as a primary objective the development of English language proficiency. Existing law requires local educational agencies to exempt a pupil participating in a newcomer program and who is in their 3rd or 4th year of high school from all coursework and other requirements adopted by the governing body of the local educational agency that are in addition to the statewide coursework requirements necessary to receive a diploma of graduation from high school, unless the local educational agency makes a finding that the pupil is reasonably able to complete the local educational agencys graduation requirements in time to graduate from high school by the end of the pupils 4th year of high school. Existing law requires local educational agencies to comply with other procedures in relation to pupils participating in newcomer programs, including, among other things, consultation and notice provisions. Existing law requires local educational agencies to issue, and new local educational agencies to accept, full or partial credit for all full or partial coursework satisfactorily completed by a pupil participating in a newcomer program while attending a public school, a juvenile court school, a charter school, a school in a country other than the United States, or a nonpublic, nonsectarian school, as provided.
This bill would require that local educational agencies comply with the above-described coursework exemptions, pupil consultation and notice requirements, acceptance of coursework completed at other schools, and other requirements for newcomer pupils, as defined, instead of for pupils participating in a newcomer program. By imposing new duties on local educational agencies, the bill would impose a state-mandated local program.
(4)Existing law prohibits a middle or high school pupil who is classified as an English learner from being denied participation in the standard instructional program of a school, as provided. Existing law authorizes certain pupils to be denied access to enrollment in courses that are part of the standard instructional program, including middle school or high schools pupils classified as English learners and who have recently arrived in the United States or who are participating in a program designed to meet the academic and transitional needs of newly arrived immigrant pupils that has as a primary objective the development of English language proficiency, as provided.
This bill instead would authorize a middle or high school pupil who is classified as an English learner and who is a newcomer pupil, as defined, or is participating in a program designed to meet the transitional needs of newcomer pupils that has as a primary objective the development of English language proficiency to be denied access to enrollment in courses that are part of the standard instructional program, as provided. By imposing new requirements on local educational agencies, the bill would impose a state-mandated local program.
(5)The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.
(1)Existing law, subject to an appropriation of funds for this purpose in the annual Budget Act, requires the State Department of Social Services, in collaboration with the State Department of Education, to administer the California Newcomer Education and Well-Being Program (CalNEW) to provide services for newcomer pupils, English learners, and immigrant families by allocating funding to school districts, as specified. Existing law, for the purposes of CalNEW, defines newcomer pupils as individuals 3 through 21 years of age who were not born in any state and have not been attending one or more schools in any one or more states for more than 3 full academic years.
This bill would, subject to an appropriation of funds for its purposes, require the State Department of Education, in consultation with the State Department of Social Services, to (A) develop and issue guidance regarding requirements, best practices, and available state and federally funded programs for newcomer pupils, (B) publicly report on an annual basis on its internet website the enrollment and performance of newcomer pupils, as provided, and (C) maintain at least one position dedicated to supporting local educational agencies, including charter schools, in serving newcomer pupils, as provided.
(2)Existing law requires the Instructional Quality Commission to recommend curriculum frameworks to the State Board of Education.
This bill would require the commission to consider including content designed to provide teachers with resources to meet the unique academic and English language development needs of newcomer pupils at all grade levels at the next regularly scheduled revision of the curriculum framework in English Language Arts and English Language Development. The bill would also require the commission to ensure that the instructional materials for pupils in kindergarten or any of grades 1 to 8, inclusive, that it recommends to the state board for adoption include resources to help teachers meet the needs of newcomer pupils.
(3)Existing law defines a pupil participating in a newcomer program as a pupil who is participating in a program designed to meet the academic and transitional needs of newly arrived immigrant pupils that has as a primary objective the development of English language proficiency. Existing law requires local educational agencies to exempt a pupil participating in a newcomer program and who is in their 3rd or 4th year of high school from all coursework and other requirements adopted by the governing body of the local educational agency that are in addition to the statewide coursework requirements necessary to receive a diploma of graduation from high school, unless the local educational agency makes a finding that the pupil is reasonably able to complete the local educational agencys graduation requirements in time to graduate from high school by the end of the pupils 4th year of high school. Existing law requires local educational agencies to comply with other procedures in relation to pupils participating in newcomer programs, including, among other things, consultation and notice provisions. Existing law requires local educational agencies to issue, and new local educational agencies to accept, full or partial credit for all full or partial coursework satisfactorily completed by a pupil participating in a newcomer program while attending a public school, a juvenile court school, a charter school, a school in a country other than the United States, or a nonpublic, nonsectarian school, as provided.
This bill would require that local educational agencies comply with the above-described coursework exemptions, pupil consultation and notice requirements, acceptance of coursework completed at other schools, and other requirements for newcomer pupils, as defined, instead of for pupils participating in a newcomer program. By imposing new duties on local educational agencies, the bill would impose a state-mandated local program.
(4)Existing law prohibits a middle or high school pupil who is classified as an English learner from being denied participation in the standard instructional program of a school, as provided. Existing law authorizes certain pupils to be denied access to enrollment in courses that are part of the standard instructional program, including middle school or high schools pupils classified as English learners and who have recently arrived in the United States or who are participating in a program designed to meet the academic and transitional needs of newly arrived immigrant pupils that has as a primary objective the development of English language proficiency, as provided.
This bill instead would authorize a middle or high school pupil who is classified as an English learner and who is a newcomer pupil, as defined, or is participating in a program designed to meet the transitional needs of newcomer pupils that has as a primary objective the development of English language proficiency to be denied access to enrollment in courses that are part of the standard instructional program, as provided. By imposing new requirements on local educational agencies, the bill would impose a state-mandated local program.
(5)The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.
(1)Existing law, subject to an appropriation of funds for this purpose in the annual Budget Act, requires the State Department of Social Services, in collaboration with the State Department of Education, to administer the California Newcomer Education and Well-Being Program (CalNEW) to provide services for newcomer pupils, English learners, and immigrant families by allocating funding to school districts, as specified. Existing law, for the purposes of CalNEW, defines newcomer pupils as individuals 3 through 21 years of age who were not born in any state and have not been attending one or more schools in any one or more states for more than 3 full academic years.
This bill would, subject to an appropriation of funds for its purposes, require the State Department of Education, in consultation with the State Department of Social Services, to (A) develop and issue guidance regarding requirements, best practices, and available state and federally funded programs for newcomer pupils, (B) publicly report on an annual basis on its internet website the enrollment and performance of newcomer pupils, as provided, and (C) maintain at least one position dedicated to supporting local educational agencies, including charter schools, in serving newcomer pupils, as provided.
(2)Existing law requires the Instructional Quality Commission to recommend curriculum frameworks to the State Board of Education.
This bill would, subject to an appropriation of funds for its purposes, would require the commission to consider including content designed to provide teachers with resources to meet the unique academic and English language development needs of newcomer pupils at all grade levels at the next regularly scheduled revision of the curriculum framework in English Language Arts and English Language Development. The bill would also require the commission to ensure that the instructional materials for pupils in kindergarten or any of grades 1 to 8, inclusive, that it recommends to the state board for adoption include resources to help teachers meet the needs of newcomer pupils.
(3)Existing law defines a pupil participating in a newcomer program as a pupil who is participating in a program designed to meet the academic and transitional needs of newly arrived immigrant pupils that has as a primary objective the development of English language proficiency. Existing law requires local educational agencies to exempt a pupil participating in a newcomer program and who is in their 3rd or 4th year of high school from all coursework and other requirements adopted by the governing body of the local educational agency that are in addition to the statewide coursework requirements necessary to receive a diploma of graduation from high school, unless the local educational agency makes a finding that the pupil is reasonably able to complete the local educational agencys graduation requirements in time to graduate from high school by the end of the pupils 4th year of high school. Existing law requires local educational agencies to comply with other procedures in relation to pupils participating in newcomer programs, including, among other things, consultation and notice provisions. Existing law requires local educational agencies to issue, and new local educational agencies to accept, full or partial credit for all full or partial coursework satisfactorily completed by a pupil participating in a newcomer program while attending a public school, a juvenile court school, a charter school, a school in a country other than the United States, or a nonpublic, nonsectarian school, as provided.
This bill would require that local educational agencies comply with the above-described coursework exemptions, pupil consultation and notice requirements, acceptance of coursework completed at other schools, and other requirements for newcomer pupils, as defined, instead of for pupils participating in a newcomer program. By imposing new duties on local educational agencies, the bill would impose a state-mandated local program.
(4)Existing law prohibits a middle or high school pupil who is classified as an English learner from being denied participation in the standard instructional program of a school, as provided. Existing law authorizes certain pupils to be denied access to enrollment in courses that are part of the standard instructional program, including middle school or high schools pupils classified as English learners and who have recently arrived in the United States or who are participating in a program designed to meet the academic and transitional needs of newly arrived immigrant pupils that has as a primary objective the development of English language proficiency, as provided.
This bill instead would authorize a middle or high school pupil who is classified as an English learner and who is a newcomer pupil, as defined, or is participating in a program designed to meet the transitional needs of newcomer pupils that has as a primary objective the development of English language proficiency to be denied access to enrollment in courses that are part of the standard instructional program, as provided. By imposing new requirements on local educational agencies, the bill would impose a state-mandated local program.
(5)The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.
(1)Existing law, subject to an appropriation of funds for this purpose in the annual Budget Act, requires the State Department of Social Services, in collaboration with the State Department of Education, to administer the California Newcomer Education and Well-Being Program (CalNEW) to provide services for newcomer pupils, English learners, and immigrant families by allocating funding to school districts, as specified. Existing law, for the purposes of CalNEW, defines newcomer pupils as individuals 3 through 21 years of age who were not born in any state and have not been attending one or more schools in any one or more states for more than 3 full academic years.
This bill would, subject to an appropriation of funds for its purposes, require the State Department of Education, in consultation with the State Department of Social Services, to (A) develop and issue guidance regarding requirements, best practices, and available state and federally funded programs for newcomer pupils, (B) publicly report on an annual basis on its internet website the enrollment and performance of newcomer pupils, and (C) maintain at least one position dedicated to supporting local educational agencies, including charter schools, in serving newcomer pupils, as provided.
(2)Existing law requires the Instructional Quality Commission to recommend curriculum frameworks to the State Board of Education.
This bill would, subject to an appropriation of funds for its purposes, require the commission to consider including content designed to provide teachers with resources to meet the unique academic and English language development needs of newcomer pupils at all grade levels at the next regularly scheduled revision of the curriculum framework in English Language Arts and English Language Development. The bill would also require the commission to ensure that the instructional materials for pupils in kindergarten or any of grades 1 to 8, inclusive, that it recommends to the state board for adoption include resources to help teachers meet the needs of newcomer pupils.
(3)Existing law defines a pupil participating in a newcomer program as a pupil who is participating in a program designed to meet the academic and transitional needs of newly arrived immigrant pupils that has as a primary objective the development of English language proficiency. Existing law requires local educational agencies to exempt a pupil participating in a newcomer program and who is in their 3rd or 4th year of high school from all coursework and other requirements adopted by the governing body of the local educational agency that are in addition to the statewide coursework requirements necessary to receive a diploma of graduation from high school, unless the local educational agency makes a finding that the pupil is reasonably able to complete the local educational agencys graduation requirements in time to graduate from high school by the end of the pupils 4th year of high school. Existing law requires local educational agencies to comply with other procedures in relation to pupils participating in newcomer programs, including, among other things, consultation and notice provisions. Existing law requires local educational agencies to issue, and new local educational agencies to accept, full or partial credit for all full or partial coursework satisfactorily completed by a pupil participating in a newcomer program while attending a public school, a juvenile court school, a charter school, a school in a country other than the United States, or a nonpublic, nonsectarian school, as provided.
This bill would require that local educational agencies comply with the above-described coursework exemptions, pupil consultation and notice requirements, acceptance of coursework completed at other schools, and other requirements for newcomer pupils, as defined, instead of for pupils participating in a newcomer program. By imposing new duties on local educational agencies, the bill would impose a state-mandated local program.
(4)Existing law prohibits a middle or high school pupil who is classified as an English learner from being denied participation in the standard instructional program of a school, as provided. Existing law authorizes certain pupils to be denied access to enrollment in courses that are part of the standard instructional program, including middle school or high schools pupils classified as English learners and who have recently arrived in the United States or who are participating in a program designed to meet the academic and transitional needs of newly arrived immigrant pupils that has as a primary objective the development of English language proficiency, as provided.
This bill instead would authorize a middle or high school pupil who is classified as an English learner and who is a newcomer pupil, as defined, or is participating in a program designed to meet the transitional needs of newcomer pupils that has as a primary objective the development of English language proficiency to be denied access to enrollment in courses that are part of the standard instructional program, as provided. By imposing new requirements on local educational agencies, the bill would impose a state-mandated local program.
(5)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.
At the next regularly scheduled revision of the curriculum framework in English Language Arts and English Language Development, the commission shall consider including content designed to provide teachers with resources to meet the unique academic and English language development needs of newcomer pupils at all grade levels, and shall ensure that the instructional materials for pupils in kindergarten or any of grades 1 to 8, inclusive, that it recommends to the state board for adoption include resources for teachers to help them meet these needs.
SEC. 2.Section 51225.1 of the Education Code is amended to read:51225.1.(a)Notwithstanding any other law, a local educational agency, as defined in subdivision (t), shall exempt a pupil in foster care, as defined in subdivision (t), a pupil who is a homeless child or youth, as defined in Section 11434a(2) of Title 42 of the United States Code, a former juvenile court school pupil, as defined in Section 51225.2, a pupil who is a child of a military family, as defined in Section 49701, or a pupil who is a migratory child, as defined in subdivision (a) of Section 54441, who transfers between schools any time after the completion of the pupils second year of high school, or a newcomer pupil, as defined in Section 51225.2, and who is in their third or fourth year of high school, from all coursework and other requirements adopted by the governing body that are in addition to the statewide coursework requirements specified in Section 51225.3, unless the local educational agency makes a finding that the pupil is reasonably able to complete the local educational agencys graduation requirements in time to graduate from high school by the end of the pupils fourth year of high school.
(b)If the local educational agency determines that the pupil in foster care, the pupil who is a homeless child or youth, the former juvenile court school pupil, the pupil who is a child of a military family, the pupil who is a migratory child, or the newcomer pupil is reasonably able to complete the local educational agencys graduation requirements within the pupils fifth year of high school, the local educational agency shall do all of the following:
(1)Consult with the pupil and the person holding the right to make educational decisions for the pupil regarding the pupils option to remain in school for a fifth year to complete the local educational agencys graduation requirements.
(2)Consult with the pupil, and the person holding the right to make educational decisions for the pupil, about how remaining in school for a fifth year to complete the local educational agencys graduation requirements will affect the pupils ability to gain admission to a postsecondary educational institution.
(3)Consult with and provide information to the pupil about transfer opportunities available through the California Community Colleges.
(4)Permit the pupil to stay in school for a fifth year to complete the local educational agencys graduation requirements upon agreement with the pupil, if the pupil is 18 years of age or older, or, if the pupil is under 18 years of age, upon agreement with the person holding the right to make educational decisions for the pupil.
(5)For a pupil in foster care or a pupil who is a homeless child or youth, consult with the pupil, and the person holding the right to make educational decisions for the pupil, regarding the pupils option to remain in the pupils school of origin, pursuant to Section 48852.7 for a pupil who is a homeless child or youth, or Section 48853.5 for a pupil in foster care.
(c)To determine whether a pupil in foster care, a pupil who is a homeless child or youth, a former juvenile court school pupil, a pupil who is a child of a military family, or a pupil who is a migratory child is in the third or fourth year of high school, the number of credits the pupil has earned to the date of transfer, the length of the pupils school enrollment, or, for pupils with significant gaps in school attendance, the pupils age as compared to the average age of pupils in the third or fourth year of high school, may be used, whichever will qualify the pupil for the exemption. In the case of a newcomer pupil, enrollment in grade 11 or 12, based on the average age of pupils in the third or fourth year of high school, may be used to determine whether the pupil is in the pupils third or fourth year of high school.
(d)(1)(A)Within 30 calendar days of the date that a pupil in foster care who may qualify for the exemption from local graduation requirements pursuant to this section transfers into a school, the local educational agency shall notify the pupil, the person holding the right to make educational decisions for the pupil, and the pupils social worker or probation officer of the availability of the exemption and whether the pupil qualifies for an exemption.
(B)If the local educational agency fails to provide timely notice pursuant to subparagraph (A), the pupil described in subparagraph (A) shall be eligible for the exemption from local graduation requirements pursuant to this section once notified, even if that notification occurs after the termination of the courts jurisdiction over the pupil, if the pupil otherwise qualifies for the exemption pursuant to this section.
(2)(A)Within 30 calendar days of the date that a pupil who is a homeless child or youth who may qualify for the exemption from local graduation requirements pursuant to this section transfers into a school, the local educational agency shall notify the pupil, the person holding the right to make educational decisions for the pupil, and the local educational agency liaison for homeless children and youth designated pursuant to Section 11432(g)(1)(J)(ii) of Title 42 of the United States Code, of the availability of the exemption and whether the pupil qualifies for an exemption.
(B)If the local educational agency fails to provide timely notice pursuant to subparagraph (A), the pupil described in subparagraph (A) shall be eligible for the exemption from local graduation requirements pursuant to this section once notified, even if that notification occurs after the pupil is no longer a homeless child or youth, if the pupil otherwise qualifies for the exemption pursuant to this section.
(3)(A)Within 30 calendar days of the date that a former juvenile court school pupil who may qualify for the exemption from local graduation requirements pursuant to this section transfers into a school, the local educational agency shall notify the pupil, the person holding the right to make educational decisions for the pupil, and the pupils social worker or probation officer of the availability of the exemption and whether the pupil qualifies for an exemption.
(B)If the local educational agency fails to provide timely notice pursuant to subparagraph (A), the pupil described in subparagraph (A) shall be eligible for the exemption from local graduation requirements pursuant to this section once notified, even if that notification occurs after termination of the courts jurisdiction over the pupil, if the pupil otherwise qualifies for the exemption pursuant to this section.
(4)(A)Within 30 calendar days of the date that a pupil who is a child of a military family who may qualify for the exemption from local graduation requirements pursuant to this section transfers into a school, the local educational agency shall notify the pupil and the pupils parent or guardian of the availability of the exemption and whether the pupil qualifies for an exemption.
(B)If the local educational agency fails to provide timely notice pursuant to subparagraph (A), the pupil described in subparagraph (A) shall be eligible for the exemption from local graduation requirements pursuant to this section once notified, even if that notification occurs after the pupil no longer meets the definition of children of military families under Section 49701, if the pupil otherwise qualifies for the exemption pursuant to this section.
(5)(A)Within 30 calendar days of the date that a pupil who is a migratory child who may qualify for the exemption from local graduation requirements pursuant to this section transfers into a school, the local educational agency shall notify the pupil and the pupils parent or guardian of the availability of the exemption and whether the pupil qualifies for an exemption.
(B)If the local educational agency fails to provide timely notice pursuant to subparagraph (A), the pupil described in subparagraph (A) shall be eligible for the exemption from local graduation requirements pursuant to this section once notified, even if that notification occurs after the pupil no longer meets the definition of migratory child if the pupil otherwise qualifies for the exemption pursuant to this section.
(6)(A)Within 30 calendar days of the date that a newcomer pupil who may qualify for the exemption from local graduation requirements pursuant to this section transfers into a school, the local educational agency shall notify the pupil and the pupils parent or guardian of the availability of the exemption and whether the pupil qualifies for an exemption.
(B)If the local educational agency fails to provide timely notice pursuant to subparagraph (A), the pupil described in subparagraph (A) shall be eligible for the exemption from local graduation requirements pursuant to this section once notified, even if that notification occurs after the pupil no longer meets the definition of a newcomer pupil if the pupil otherwise qualifies for the exemption pursuant to this section.
(e)If a pupil in foster care, a pupil who is a homeless child or youth, a former juvenile court school pupil, a pupil who is a child of a military family, a pupil who is a migratory child, or a newcomer pupil is exempted from local graduation requirements pursuant to this section and completes the statewide coursework requirements specified in Section 51225.3 before the end of the pupils fourth year of high school and that pupil would otherwise be entitled to remain in attendance at the school, a school, including a charter school, or school district shall not require or request that the pupil graduate before the end of the pupils fourth year of high school.
(f)If a pupil in foster care, a pupil who is a homeless child or youth, a former juvenile court school pupil, a pupil who is a child of a military family, a pupil who is a migratory child, or a newcomer pupil is exempted from local graduation requirements pursuant to this section, in addition to providing notification of the exemption pursuant to subdivision (d), the local educational agency shall consult with the pupil and the person holding the right to make educational decisions for the pupil. The consultation shall include all of the following:
(1)Discussion regarding how any of the requirements that are waived may affect the pupils postsecondary education or vocation plans, including the ability to gain admission to a postsecondary educational institution.
(2)Discussion and information about other options available to the pupil, including, but not limited to, a fifth year of high school, possible credit recovery, and any transfer opportunities available through the California Community Colleges.
(3)Consideration of the pupils academic data and any other information relevant to making an informed decision on whether to accept the exemption.
(g)A pupil in foster care, a pupil who is a homeless child or youth, a former juvenile court school pupil, a pupil who is a child of a military family, a pupil who is a migratory child, or a newcomer pupil who is eligible for the exemption from local graduation requirements pursuant to this section and would otherwise be entitled to remain in attendance at the school shall not be required to accept the exemption or be denied enrollment in, or the ability to complete, courses for which the pupil is otherwise eligible, including courses necessary to attend an institution of higher education, regardless of whether those courses are required for statewide graduation requirements.
(h)(1)If a pupil in foster care, a pupil who is a homeless child or youth, a former juvenile court school pupil, a pupil who is a child of a military family, a pupil who is a migratory child, or a newcomer pupil is not exempted from local graduation requirements or has previously declined the exemption pursuant to this section, a local educational agency shall exempt the pupil within 30 days of the date of the exemption request, if an exemption is requested by the pupil or the person holding the right to make educational decisions for the pupil and the pupil qualifies for the exemption.
(2)If a pupil in foster care, a pupil who is a homeless child or youth, a former juvenile court school pupil, a pupil who is a child of a military family, a pupil who is a migratory child, or a newcomer pupil who was eligible for an exemption pursuant to this section, was not properly notified of the availability of the exemption pursuant to subdivision (d), or declined the exemption, a local educational agency nonetheless shall exempt the pupil within 30 days of the date of the exemption request, if an exemption is requested by the pupil or the person holding the right to make educational decisions for the pupil, and the pupil at one time qualified for the exemption, even if the pupil is no longer homeless, a child of a military family, a pupil who is a migratory child, a newcomer pupil, or the courts jurisdiction over the pupil has terminated.
(i)If a pupil in foster care, a pupil who is a homeless child or youth, a former juvenile court school pupil, a pupil who is a child of a military family, a pupil who is a migratory child, or a newcomer pupil is exempted from local graduation requirements pursuant to this section, a local educational agency shall not revoke the exemption.
(j)(1)If a pupil in foster care is exempted from local graduation requirements pursuant to this section, the exemption shall continue to apply after the termination of the courts jurisdiction over the pupil while the pupil is enrolled in school or if the pupil transfers to another school, including a charter school, or school district.
(2)If a pupil who is a homeless child or youth is exempted from local graduation requirements pursuant to this section, the exemption shall continue to apply after the pupil is no longer a homeless child or youth while the pupil is enrolled in school or if the pupil transfers to another school, including a charter school, or school district.
(3)If a former juvenile court school pupil is exempted from local graduation requirements pursuant to this section, the exemption shall continue to apply after the termination of the courts jurisdiction over the pupil while the pupil is enrolled in school or if the pupil transfers to another school, including a charter school, or school district.
(4)If a pupil who is a child of a military family is exempted from local graduation requirements pursuant to this section, the exemption shall continue to apply after the pupil no longer meets the definition of children of military families under Section 49701 while the pupil is enrolled in school or if the pupil transfers to another school, including a charter school, or school district.
(5)If a pupil who is a migratory child is exempted from local graduation requirements pursuant to this section, the exemption shall continue to apply after the pupil no longer meets the definition of migratory child while the pupil is enrolled in school or if the pupil transfers to another school, including a charter school, or school district.
(6)If a newcomer pupil is exempted from local graduation requirements pursuant to this section, the exemption shall continue to apply after the pupil no longer meets the definition of a newcomer pupil while the pupil is enrolled in school or if the pupil transfers to another school, including a charter school, or school district.
(k)A local educational agency shall not require or request a pupil in foster care, a pupil who is a homeless child or youth, a former juvenile court school pupil, a pupil who is a child of a military family, or a pupil who is a migratory child to transfer schools in order to qualify the pupil for an exemption pursuant to this section.
(l)(1)A pupil in foster care, the person holding the right to make educational decisions for the pupil, the pupils social worker, or the pupils probation officer shall not request a transfer solely to qualify the pupil for an exemption pursuant to this section.
(2)A pupil who is a homeless child or youth, the person holding the right to make educational decisions for the pupil, or the local educational agency liaison for homeless children and youth designated pursuant to Section 11432(g)(1)(J)(ii) of Title 42 of the United States Code, shall not request a transfer solely to qualify the pupil for an exemption pursuant to this section.
(3)A former juvenile court school pupil, the person holding the right to make educational decisions for the pupil, the pupils social worker, or the pupils probation officer shall not request a transfer solely to qualify the pupil for an exemption pursuant to this section.
(4)A pupil who is a child of a military family, or the pupils parent or guardian, shall not request a transfer solely to qualify the pupil for an exemption pursuant to this section.
(5)A pupil who is a migratory child, or the pupils parent or guardian, shall not request a transfer solely to qualify the pupil for an exemption pursuant to this section.
(m)(1)A complaint of noncompliance with the requirements of this section may be filed with the local educational agency under the Uniform Complaint Procedures set forth in Chapter 5.1 (commencing with Section 4600) of Division 1 of Title 5 of the California Code of Regulations.
(2)A complainant not satisfied with the decision of a local educational agency may appeal the decision to the department pursuant to Chapter 5.1 (commencing with Section 4600) of Division 1 of Title 5 of the California Code of Regulations and shall receive a written decision regarding the appeal within 60 days of the departments receipt of the appeal.
(3)If a local educational agency finds merit in a complaint, or the Superintendent finds merit in an appeal, the local educational agency shall provide a remedy to the affected pupil.
(4)Information regarding the requirements of this section shall be included in the annual notification distributed to, among others, pupils, parents or guardians of pupils, employees, and other interested parties pursuant to Section 4622 of Title 5 of the California Code of Regulations.
(n)(1)If a local educational agency determines that a pupil in foster care, a pupil who is a homeless child or youth, a former juvenile court school pupil, a pupil who is a child of a military family, or a pupil who is a migratory child and who transfers between schools any time after the completion of the pupils second year of high school, or a newcomer pupil who is in their third or fourth year of high school, is not reasonably able to complete the local educational agencys graduation requirements within the pupils fifth year of high school, but is reasonably able to complete the statewide coursework requirements specified in Section 51225.3 within the pupils fifth year of high school, the local educational agency shall exempt a pupil from the local educational agencys graduation requirements and provide the pupil the option to remain in school for a fifth year to complete the statewide coursework requirements. The local educational agency shall consult with the pupil and the person holding the right to make educational decisions for the pupil regarding all of the following:
(A)The pupils option to remain in school for a fifth year to complete the statewide coursework requirements.
(B)How waiving the local educational requirements and remaining in school for a fifth year may affect the pupils postsecondary education or vocation plans, including the ability to gain admission to an institution of higher education.
(C)Whether any other options are available to the pupil, including, but not limited to, possible credit recovery, and any transfer opportunities available through the California Community Colleges.
(D)The pupils academic data and any other information relevant to making an informed decision on whether to accept the exemption and option to remain in school for a fifth year to complete the statewide coursework requirements.
(2)This subdivision shall become inoperative on January 1, 2028.
(o)(1)If a pupil in foster care, a pupil who is a homeless child or youth, a former juvenile court school pupil, a pupil who is a child of a military family, or a pupil who is a migratory child is not eligible for an exemption pursuant to this section in the year in which the pupil transfers between schools, or for a newcomer pupil, is not eligible for an exemption pursuant to this section in the pupils third year of high school, because the local educational agency makes a finding that the pupil is reasonably able to complete the local educational agencys graduation requirements in time to graduate from high school by the end of the pupils fourth year of high school, a local educational agency nonetheless shall reevaluate eligibility and provide written notice to the pupil, the person holding the right to make educational decisions for the pupil, and the pupils social worker or probation officer, if applicable, whether the pupil qualifies for an exemption within the first 30 calendar days of the following academic year, based on the course completion status of the pupil at the time of reevaluation to determine if the pupil continues to be reasonably able to complete the local educational agencys graduation requirements in time to graduate from high school by the end of the pupils fourth year of high school.
(2)If it is determined within the first 30 calendar days of the following academic year, that given their course completion status at that time of the reevaluation conducted pursuant to paragraph (1) that the pupil is not reasonably able to complete the local educational agencys graduation requirements in time to graduate from high school by the end of the pupils fourth year of high school, the local educational agency shall provide the pupil with the option to receive an exemption from all coursework and other requirements adopted by the governing body of the local educational agency that are in addition to the statewide coursework requirements specified in Section 51225.3 or to stay in school for a fifth year to complete the local educational agencys graduation requirements upon agreement with the pupil, if the pupil is 18 years of age or older, or, if the pupil is under 18 years of age, upon agreement with the person holding the right to make educational decisions for the pupil and provide notification of the availability of these options pursuant to subdivisions (b) and (d).
(p)(1)This section shall apply to a pupil in foster care, a pupil who is a homeless child or youth, a former juvenile court school pupil, a pupil who is a child of a military family, a pupil who is a migratory child, or a newcomer pupil, who is enrolled in an adult education program, regardless of the pupils age.
(2)This section shall apply to a pupil who is enrolled in an adult education program who, while enrolled in high school, was a pupil in foster care, a pupil who is a homeless child or youth, a former juvenile court school pupil, a pupil who is a child of a military family, a pupil who is a migratory child, or a newcomer pupil.
(q)For a pupil who is an unaccompanied youth as defined in Section 11434a(6) of Title 42 of the United States Code, the person holding the right to make educational decisions for the pupil is the unaccompanied youth.
(r)If a local educational agency or adult school offers to exempt a pupil in foster care, a pupil who is a homeless child or youth, a former juvenile court school pupil, a pupil who is a child of a military family, a pupil who is a migratory child, or a newcomer pupil from all coursework and other requirements adopted by the governing body of the local educational agency that are in addition to the statewide coursework requirements specified in Section 51225.3, it is in the sole discretion of the person holding the right to make educational decisions for the pupil, or the pupil themselves if they are 18 years of age or older, an unaccompanied youth as defined in Section 11434a(6) of Title 42 of the United States Code, or an unaccompanied minor who holds their own education rights, whether to accept the exemption, based on the pupils best educational interests.
(s)Each local educational agency shall report to the department annually on the number of pupils who, for the prior school year, graduated with an exemption from the local educational agencys graduation requirements that are in addition to the statewide coursework requirements. This data shall be reported for pupils graduating in the fourth year and fifth year cohorts, and shall be disaggregated by cohort, pupil category, race, and disability status. The department shall make this data publicly available on an annual basis aligned with other reporting timelines for the California dashboard graduation data. For purposes of this subdivision, pupil category means the categories of pupils identified in subdivision (a).
(t)For purposes of this section, the following terms have the following meanings:
(1)Governing body means the governing board of a school district or the governing body of a charter school, as applicable.
(2)Local educational agency means a school district or charter school.
(3)Pupil in foster care has the same meaning as foster child, defined in subdivision (a) of Section 48853.5.
(4)School means a public school, including a charter school, that maintains any of grades 9 to 12, inclusive.
(5)Unaccompanied youth means an unaccompanied youth between 12 to 24 years of age, inclusive, who is experiencing homelessness, as defined in subsection (2) of Section 725 of the federal McKinney-Vento Homeless Assistance Act (42 U.S.C. Sec. 11434a(2)).
SEC. 3.Section 51225.2 of the Education Code is amended to read:51225.2.(a)For purposes of this section, the following definitions apply:
(1)Former juvenile court school pupil means a pupil who, upon completion of the pupils second year of high school, transfers to a school district or charter school, excluding a school district operated by the Division of Juvenile Justice of the Department of Corrections and Rehabilitation, from a juvenile court school.
(2)Local educational agency means a school district, county office of education, or charter school.
(3)Newcomer pupil has the same meaning as immigrant children and youth, as defined in Section 7011(5) of Title 20 of the United States Code.
(4)Partial coursework satisfactorily completed includes any portion of an individual course, even if the pupil did not complete the entire course.
(5)Pupil in foster care has the same meaning as foster child, as that term is defined in subdivision (a) of Section 48853.5.
(6)Pupil who is a child of a military family means a pupil who meets the definition of children of military families under Section 49701.
(7)Pupil who is a homeless child or youth means a pupil who meets the definition of homeless children and youths in Section 11434a(2) of Title 42 of the United States Code.
(8)Pupil who is a migratory child means a pupil who meets the definition of currently migratory child under subdivision (a) of Section 54441.
(b)(1)Notwithstanding any other law, a local educational agency shall issue, and the new local educational agency shall accept, full or partial credit for all full or partial coursework satisfactorily completed by a pupil in foster care, a pupil who is a homeless child or youth, a former juvenile court school pupil, a pupil who is a child of a military family, a pupil who is a migratory child, or a newcomer pupil, while attending a public school, a juvenile court school, a charter school, a school in a country other than the United States, or a nonpublic, nonsectarian school.
(2)The transferring local educational agency shall issue the full and partial credits on an official transcript for the pupil and shall ensure the transcript includes all of the following:
(A)All full and partial credits and grades earned based on any measure of full or partial coursework being satisfactorily completed, including a determination of the days of enrollment or seat time, or both, if applicable, at a school of that local educational agency or a prior local educational agency, or any other public school, juvenile court school, charter school, school in a country other than the United States, or nonpublic, nonsectarian school.
(B)The credits and grades for each school and local educational agency listed separately so it is clear where they were earned.
(C)A complete record of the pupils seat time, including both period attendance and days of enrollment.
(3)The new local educational agency shall transfer the credits and grades onto an official transcript of the new local educational agency for the pupil in the same manner as described in subparagraph (B) of paragraph (2) and pursuant to the requirements of subdivision (c).
(4)If the new school or new local educational agency has knowledge that the transcript from the transferring local educational agency may not include certain credits or grades for the pupil, it shall contact the prior local educational agency within two business days to request that the prior local educational agency issue full or partial credits pursuant to this paragraph. The prior local educational agency shall issue appropriate credits and provide all academic and other records to the new local educational agency within two business days of the request.
(5)For purposes of coursework completed by a pupil who is a child of a military family, public school includes schools operated by the United States Department of Defense.
(c)(1)The credits accepted pursuant to subdivision (b) shall be applied for enrollment purposes as specified in subdivision (d) to the same or equivalent course, if applicable, as the coursework completed in the prior public school, juvenile court school, charter school, school in a country other than the United States, or nonpublic, nonsectarian school.
(2)For purposes of the official transcript, the credits accepted pursuant to subdivision (b) shall be added to the credits earned from the same or equivalent course for purposes of calculating the total credits earned for the course but shall separately identify the school and local educational agency in which the credits were earned.
(d)A local educational agency shall not require a pupil in foster care, a pupil who is a homeless child or youth, a former juvenile court school pupil, a pupil who is a child of a military family, a pupil who is a migratory child, or a newcomer pupil to retake a course if the pupil has satisfactorily completed the entire course in a public school, a juvenile court school, a charter school, a school in a country other than the United States, or a nonpublic, nonsectarian school. If the pupil did not complete the entire course, the local educational agency shall not require the pupil to retake the portion of the course the pupil completed unless the local educational agency, in consultation with the holder of educational rights for the pupil, finds that the pupil is reasonably able to complete the requirements in time to graduate from high school. When partial credit is awarded in a particular course, the pupil in foster care, the pupil who is a homeless child or youth, the former juvenile court school pupil, the pupil who is a child of a military family, the pupil who is a migratory child, or the newcomer pupil shall be enrolled in the same or equivalent course, if applicable, so that the pupil may continue and complete the entire course.
(e)A pupil in foster care, a pupil who is a homeless child or youth, a former juvenile court school pupil, a pupil who is a child of a military family, a pupil who is a migratory child, or a newcomer pupil shall not be prevented from retaking or taking a course to meet the eligibility requirements for admission to the California State University or the University of California.
(f)(1)A complaint of noncompliance with the requirements of this section may be filed with the local educational agency under the Uniform Complaint Procedures set forth in Chapter 5.1 (commencing with Section 4600) of Division 1 of Title 5 of the California Code of Regulations.
(2)A complainant not satisfied with the decision of a local educational agency may appeal the decision to the department pursuant to Chapter 5.1 (commencing with Section 4600) of Division 1 of Title 5 of the California Code of Regulations and shall receive a written decision regarding the appeal within 60 days of the departments receipt of the appeal.
(3)If a local educational agency finds merit in a complaint, or if the Superintendent finds merit in an appeal, the local educational agency shall provide a remedy to the affected pupil.
(4)Information regarding the requirements of this section shall be included in the annual notification distributed to, among others, pupils, parents or guardians of pupils, employees, and other interested parties pursuant to Section 4622 of Title 5 of the California Code of Regulations.
SEC. 4.Article 3.5 (commencing with Section 54450) is added to Chapter 4 of Part 29 of Division 4 of Title 2 of the Education Code, to read:3.5.Newcomer Pupils54450.(a)For purposes of this section, newcomer pupil has the same meaning as immigrant children and youth, as defined in Section 7011(5) of Title 20 of the United States Code.
(b)The department shall conduct all of the following activities in support of the education of newcomer pupils:
(1)Curate and maintain on its internet website information regarding requirements and best practices for newcomer pupils under current law, and available state and federally funded programs and resources that are supportive of these pupils success in school. This information shall include, but not be limited, to all of the following:
(A)The requirements of Sections 51225.1, 51225.2, and 60811.8 for newcomer pupils.
(B)The requirement to provide English language development instruction for those newcomer pupils classified as English learners, and best practices for English language development instruction for newcomer pupils.
(C)Local discretion in grade placement of newcomer pupils.
(D)Local discretion to enroll pupils for more than four years of high school instruction.
(E)Information about how the use of coursework completed in languages other than English in other countries may fulfill the world language course requirement for graduation pursuant to Section 51225.3 and the admissions requirements of the University of California and the California State University.
(F)Resources for the evaluation of foreign transcripts.
(G)Resources for support of newcomer pupils with disabilities.
(H)Information about the California Newcomer Education and Well-Being Program (CalNEW) program authorized by Section 13265 of the Welfare and Institutions Code.
(I)Information about programs authorized under the California Community Schools Partnership Act (Chapter 6 (commencing with Section 8900) of Part 6 of Division 1 of Title 1).
(2)Publicly report on an annual basis on its internet website on the enrollment of newcomer pupils, using data currently collected pursuant to federal law, including statewide and local educational agency and charter school enrollment, disaggregated by country of origin.
SEC. 5.Section 60811.8 of the Education Code is amended to read:60811.8.(a)Commencing in the 201920 school year, a middle school or high school pupil who is classified as an English learner, except as specified in subdivision (d), shall not be denied participation in the standard instructional program of a school by being denied any of the following:
(1)Enrollment in courses that are part of the standard instructional program of the school that the pupil attends. For purposes of this section, standard instructional program means, at a minimum, core curriculum courses, as defined in clause (i) of subparagraph (B) of paragraph (6) of subdivision (b) of Section 33126, courses required to meet state and local graduation requirements, and courses required for middle school grade promotion.
(2)Enrollment in a full course load of courses that are part of the standard instructional program.
(3)Enrollment in courses that are not part of a schools standard instructional program that either meet the subject matter requirements for purposes of recognition for college admission pursuant to Section 66205.5 or are advanced courses, such as honors or advanced placement courses, on the sole basis of a pupils classification as an English learner.
(b)Nothing in this section shall be construed to require a school to create supplemental courses in languages other than English.
(c)For purposes of this section, pupil includes a pupil attending a school operated by a school district or a county office of education, a charter school, or the state special schools for the blind and the deaf.
(d)(1)Provided that, pursuant to federal law, the pupils course of study is designed to remedy any academic deficits incurred during participation and that the pupils course of study is reasonably calculated to enable that pupil to attain parity of participation in the standard instructional program within a reasonable length of time after the pupil enters the school system, the following pupils may be denied access to enrollment in a course described in paragraph (1) of subdivision (a):
(A)(i)A middle school or high school pupil who is classified as an English learner and who is a newcomer pupil.
(ii)For purposes of clause (i), newcomer pupil has the same meaning as immigrant children and youth, as defined in Section 7011(5) of Title 20 of the United States Code.
(B)A middle school or high school pupil who is classified as an English learner and who is participating in a program designed to meet the academic and transitional needs of newcomer pupils that has as a primary objective the development of English language proficiency.
(2)This section shall not be construed to prohibit, restrict, or discourage the enrollment of a pupil described in paragraph (1) in courses described in paragraph (1) of subdivision (a).
SEC. 6.If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.
At the next regularly scheduled revision of the curriculum framework in English Language Arts and English Language Development, the commission shall consider including content designed to provide teachers with resources to meet the unique academic and English language development needs of newcomer pupils at all grade levels, and shall ensure that the instructional materials for pupils in kindergarten or any of grades 1 to 8, inclusive, that it recommends to the state board for adoption include resources for teachers to help them meet these needs.
SEC. 2.Section 51225.1 of the Education Code is amended to read:51225.1.(a)Notwithstanding any other law, a local educational agency, as defined in subdivision (t), shall exempt a pupil in foster care, as defined in subdivision (t), a pupil who is a homeless child or youth, as defined in Section 11434a(2) of Title 42 of the United States Code, a former juvenile court school pupil, as defined in Section 51225.2, a pupil who is a child of a military family, as defined in Section 49701, or a pupil who is a migratory child, as defined in subdivision (a) of Section 54441, who transfers between schools any time after the completion of the pupils second year of high school, or a newcomer pupil, as defined in Section 51225.2, and who is in their third or fourth year of high school, from all coursework and other requirements adopted by the governing body that are in addition to the statewide coursework requirements specified in Section 51225.3, unless the local educational agency makes a finding that the pupil is reasonably able to complete the local educational agencys graduation requirements in time to graduate from high school by the end of the pupils fourth year of high school.
(b)If the local educational agency determines that the pupil in foster care, the pupil who is a homeless child or youth, the former juvenile court school pupil, the pupil who is a child of a military family, the pupil who is a migratory child, or the newcomer pupil is reasonably able to complete the local educational agencys graduation requirements within the pupils fifth year of high school, the local educational agency shall do all of the following:
(1)Consult with the pupil and the person holding the right to make educational decisions for the pupil regarding the pupils option to remain in school for a fifth year to complete the local educational agencys graduation requirements.
(2)Consult with the pupil, and the person holding the right to make educational decisions for the pupil, about how remaining in school for a fifth year to complete the local educational agencys graduation requirements will affect the pupils ability to gain admission to a postsecondary educational institution.
(3)Consult with and provide information to the pupil about transfer opportunities available through the California Community Colleges.
(4)Permit the pupil to stay in school for a fifth year to complete the local educational agencys graduation requirements upon agreement with the pupil, if the pupil is 18 years of age or older, or, if the pupil is under 18 years of age, upon agreement with the person holding the right to make educational decisions for the pupil.
(5)For a pupil in foster care or a pupil who is a homeless child or youth, consult with the pupil, and the person holding the right to make educational decisions for the pupil, regarding the pupils option to remain in the pupils school of origin, pursuant to Section 48852.7 for a pupil who is a homeless child or youth, or Section 48853.5 for a pupil in foster care.
(c)To determine whether a pupil in foster care, a pupil who is a homeless child or youth, a former juvenile court school pupil, a pupil who is a child of a military family, or a pupil who is a migratory child is in the third or fourth year of high school, the number of credits the pupil has earned to the date of transfer, the length of the pupils school enrollment, or, for pupils with significant gaps in school attendance, the pupils age as compared to the average age of pupils in the third or fourth year of high school, may be used, whichever will qualify the pupil for the exemption. In the case of a newcomer pupil, enrollment in grade 11 or 12, based on the average age of pupils in the third or fourth year of high school, may be used to determine whether the pupil is in the pupils third or fourth year of high school.
(d)(1)(A)Within 30 calendar days of the date that a pupil in foster care who may qualify for the exemption from local graduation requirements pursuant to this section transfers into a school, the local educational agency shall notify the pupil, the person holding the right to make educational decisions for the pupil, and the pupils social worker or probation officer of the availability of the exemption and whether the pupil qualifies for an exemption.
(B)If the local educational agency fails to provide timely notice pursuant to subparagraph (A), the pupil described in subparagraph (A) shall be eligible for the exemption from local graduation requirements pursuant to this section once notified, even if that notification occurs after the termination of the courts jurisdiction over the pupil, if the pupil otherwise qualifies for the exemption pursuant to this section.
(2)(A)Within 30 calendar days of the date that a pupil who is a homeless child or youth who may qualify for the exemption from local graduation requirements pursuant to this section transfers into a school, the local educational agency shall notify the pupil, the person holding the right to make educational decisions for the pupil, and the local educational agency liaison for homeless children and youth designated pursuant to Section 11432(g)(1)(J)(ii) of Title 42 of the United States Code, of the availability of the exemption and whether the pupil qualifies for an exemption.
(B)If the local educational agency fails to provide timely notice pursuant to subparagraph (A), the pupil described in subparagraph (A) shall be eligible for the exemption from local graduation requirements pursuant to this section once notified, even if that notification occurs after the pupil is no longer a homeless child or youth, if the pupil otherwise qualifies for the exemption pursuant to this section.
(3)(A)Within 30 calendar days of the date that a former juvenile court school pupil who may qualify for the exemption from local graduation requirements pursuant to this section transfers into a school, the local educational agency shall notify the pupil, the person holding the right to make educational decisions for the pupil, and the pupils social worker or probation officer of the availability of the exemption and whether the pupil qualifies for an exemption.
(B)If the local educational agency fails to provide timely notice pursuant to subparagraph (A), the pupil described in subparagraph (A) shall be eligible for the exemption from local graduation requirements pursuant to this section once notified, even if that notification occurs after termination of the courts jurisdiction over the pupil, if the pupil otherwise qualifies for the exemption pursuant to this section.
(4)(A)Within 30 calendar days of the date that a pupil who is a child of a military family who may qualify for the exemption from local graduation requirements pursuant to this section transfers into a school, the local educational agency shall notify the pupil and the pupils parent or guardian of the availability of the exemption and whether the pupil qualifies for an exemption.
(B)If the local educational agency fails to provide timely notice pursuant to subparagraph (A), the pupil described in subparagraph (A) shall be eligible for the exemption from local graduation requirements pursuant to this section once notified, even if that notification occurs after the pupil no longer meets the definition of children of military families under Section 49701, if the pupil otherwise qualifies for the exemption pursuant to this section.
(5)(A)Within 30 calendar days of the date that a pupil who is a migratory child who may qualify for the exemption from local graduation requirements pursuant to this section transfers into a school, the local educational agency shall notify the pupil and the pupils parent or guardian of the availability of the exemption and whether the pupil qualifies for an exemption.
(B)If the local educational agency fails to provide timely notice pursuant to subparagraph (A), the pupil described in subparagraph (A) shall be eligible for the exemption from local graduation requirements pursuant to this section once notified, even if that notification occurs after the pupil no longer meets the definition of migratory child if the pupil otherwise qualifies for the exemption pursuant to this section.
(6)(A)Within 30 calendar days of the date that a newcomer pupil who may qualify for the exemption from local graduation requirements pursuant to this section transfers into a school, the local educational agency shall notify the pupil and the pupils parent or guardian of the availability of the exemption and whether the pupil qualifies for an exemption.
(B)If the local educational agency fails to provide timely notice pursuant to subparagraph (A), the pupil described in subparagraph (A) shall be eligible for the exemption from local graduation requirements pursuant to this section once notified, even if that notification occurs after the pupil no longer meets the definition of a newcomer pupil if the pupil otherwise qualifies for the exemption pursuant to this section.
(e)If a pupil in foster care, a pupil who is a homeless child or youth, a former juvenile court school pupil, a pupil who is a child of a military family, a pupil who is a migratory child, or a newcomer pupil is exempted from local graduation requirements pursuant to this section and completes the statewide coursework requirements specified in Section 51225.3 before the end of the pupils fourth year of high school and that pupil would otherwise be entitled to remain in attendance at the school, a school, including a charter school, or school district shall not require or request that the pupil graduate before the end of the pupils fourth year of high school.
(f)If a pupil in foster care, a pupil who is a homeless child or youth, a former juvenile court school pupil, a pupil who is a child of a military family, a pupil who is a migratory child, or a newcomer pupil is exempted from local graduation requirements pursuant to this section, in addition to providing notification of the exemption pursuant to subdivision (d), the local educational agency shall consult with the pupil and the person holding the right to make educational decisions for the pupil. The consultation shall include all of the following:
(1)Discussion regarding how any of the requirements that are waived may affect the pupils postsecondary education or vocation plans, including the ability to gain admission to a postsecondary educational institution.
(2)Discussion and information about other options available to the pupil, including, but not limited to, a fifth year of high school, possible credit recovery, and any transfer opportunities available through the California Community Colleges.
(3)Consideration of the pupils academic data and any other information relevant to making an informed decision on whether to accept the exemption.
(g)A pupil in foster care, a pupil who is a homeless child or youth, a former juvenile court school pupil, a pupil who is a child of a military family, a pupil who is a migratory child, or a newcomer pupil who is eligible for the exemption from local graduation requirements pursuant to this section and would otherwise be entitled to remain in attendance at the school shall not be required to accept the exemption or be denied enrollment in, or the ability to complete, courses for which the pupil is otherwise eligible, including courses necessary to attend an institution of higher education, regardless of whether those courses are required for statewide graduation requirements.
(h)(1)If a pupil in foster care, a pupil who is a homeless child or youth, a former juvenile court school pupil, a pupil who is a child of a military family, a pupil who is a migratory child, or a newcomer pupil is not exempted from local graduation requirements or has previously declined the exemption pursuant to this section, a local educational agency shall exempt the pupil within 30 days of the date of the exemption request, if an exemption is requested by the pupil or the person holding the right to make educational decisions for the pupil and the pupil qualifies for the exemption.
(2)If a pupil in foster care, a pupil who is a homeless child or youth, a former juvenile court school pupil, a pupil who is a child of a military family, a pupil who is a migratory child, or a newcomer pupil who was eligible for an exemption pursuant to this section, was not properly notified of the availability of the exemption pursuant to subdivision (d), or declined the exemption, a local educational agency nonetheless shall exempt the pupil within 30 days of the date of the exemption request, if an exemption is requested by the pupil or the person holding the right to make educational decisions for the pupil, and the pupil at one time qualified for the exemption, even if the pupil is no longer homeless, a child of a military family, a pupil who is a migratory child, a newcomer pupil, or the courts jurisdiction over the pupil has terminated.
(i)If a pupil in foster care, a pupil who is a homeless child or youth, a former juvenile court school pupil, a pupil who is a child of a military family, a pupil who is a migratory child, or a newcomer pupil is exempted from local graduation requirements pursuant to this section, a local educational agency shall not revoke the exemption.
(j)(1)If a pupil in foster care is exempted from local graduation requirements pursuant to this section, the exemption shall continue to apply after the termination of the courts jurisdiction over the pupil while the pupil is enrolled in school or if the pupil transfers to another school, including a charter school, or school district.
(2)If a pupil who is a homeless child or youth is exempted from local graduation requirements pursuant to this section, the exemption shall continue to apply after the pupil is no longer a homeless child or youth while the pupil is enrolled in school or if the pupil transfers to another school, including a charter school, or school district.
(3)If a former juvenile court school pupil is exempted from local graduation requirements pursuant to this section, the exemption shall continue to apply after the termination of the courts jurisdiction over the pupil while the pupil is enrolled in school or if the pupil transfers to another school, including a charter school, or school district.
(4)If a pupil who is a child of a military family is exempted from local graduation requirements pursuant to this section, the exemption shall continue to apply after the pupil no longer meets the definition of children of military families under Section 49701 while the pupil is enrolled in school or if the pupil transfers to another school, including a charter school, or school district.
(5)If a pupil who is a migratory child is exempted from local graduation requirements pursuant to this section, the exemption shall continue to apply after the pupil no longer meets the definition of migratory child while the pupil is enrolled in school or if the pupil transfers to another school, including a charter school, or school district.
(6)If a newcomer pupil is exempted from local graduation requirements pursuant to this section, the exemption shall continue to apply after the pupil no longer meets the definition of a newcomer pupil while the pupil is enrolled in school or if the pupil transfers to another school, including a charter school, or school district.
(k)A local educational agency shall not require or request a pupil in foster care, a pupil who is a homeless child or youth, a former juvenile court school pupil, a pupil who is a child of a military family, or a pupil who is a migratory child to transfer schools in order to qualify the pupil for an exemption pursuant to this section.
(l)(1)A pupil in foster care, the person holding the right to make educational decisions for the pupil, the pupils social worker, or the pupils probation officer shall not request a transfer solely to qualify the pupil for an exemption pursuant to this section.
(2)A pupil who is a homeless child or youth, the person holding the right to make educational decisions for the pupil, or the local educational agency liaison for homeless children and youth designated pursuant to Section 11432(g)(1)(J)(ii) of Title 42 of the United States Code, shall not request a transfer solely to qualify the pupil for an exemption pursuant to this section.
(3)A former juvenile court school pupil, the person holding the right to make educational decisions for the pupil, the pupils social worker, or the pupils probation officer shall not request a transfer solely to qualify the pupil for an exemption pursuant to this section.
(4)A pupil who is a child of a military family, or the pupils parent or guardian, shall not request a transfer solely to qualify the pupil for an exemption pursuant to this section.
(5)A pupil who is a migratory child, or the pupils parent or guardian, shall not request a transfer solely to qualify the pupil for an exemption pursuant to this section.
(m)(1)A complaint of noncompliance with the requirements of this section may be filed with the local educational agency under the Uniform Complaint Procedures set forth in Chapter 5.1 (commencing with Section 4600) of Division 1 of Title 5 of the California Code of Regulations.
(2)A complainant not satisfied with the decision of a local educational agency may appeal the decision to the department pursuant to Chapter 5.1 (commencing with Section 4600) of Division 1 of Title 5 of the California Code of Regulations and shall receive a written decision regarding the appeal within 60 days of the departments receipt of the appeal.
(3)If a local educational agency finds merit in a complaint, or the Superintendent finds merit in an appeal, the local educational agency shall provide a remedy to the affected pupil.
(4)Information regarding the requirements of this section shall be included in the annual notification distributed to, among others, pupils, parents or guardians of pupils, employees, and other interested parties pursuant to Section 4622 of Title 5 of the California Code of Regulations.
(n)(1)If a local educational agency determines that a pupil in foster care, a pupil who is a homeless child or youth, a former juvenile court school pupil, a pupil who is a child of a military family, or a pupil who is a migratory child and who transfers between schools any time after the completion of the pupils second year of high school, or a newcomer pupil who is in their third or fourth year of high school, is not reasonably able to complete the local educational agencys graduation requirements within the pupils fifth year of high school, but is reasonably able to complete the statewide coursework requirements specified in Section 51225.3 within the pupils fifth year of high school, the local educational agency shall exempt a pupil from the local educational agencys graduation requirements and provide the pupil the option to remain in school for a fifth year to complete the statewide coursework requirements. The local educational agency shall consult with the pupil and the person holding the right to make educational decisions for the pupil regarding all of the following:
(A)The pupils option to remain in school for a fifth year to complete the statewide coursework requirements.
(B)How waiving the local educational requirements and remaining in school for a fifth year may affect the pupils postsecondary education or vocation plans, including the ability to gain admission to an institution of higher education.
(C)Whether any other options are available to the pupil, including, but not limited to, possible credit recovery, and any transfer opportunities available through the California Community Colleges.
(D)The pupils academic data and any other information relevant to making an informed decision on whether to accept the exemption and option to remain in school for a fifth year to complete the statewide coursework requirements.
(2)This subdivision shall become inoperative on January 1, 2028.
(o)(1)If a pupil in foster care, a pupil who is a homeless child or youth, a former juvenile court school pupil, a pupil who is a child of a military family, or a pupil who is a migratory child is not eligible for an exemption pursuant to this section in the year in which the pupil transfers between schools, or for a newcomer pupil, is not eligible for an exemption pursuant to this section in the pupils third year of high school, because the local educational agency makes a finding that the pupil is reasonably able to complete the local educational agencys graduation requirements in time to graduate from high school by the end of the pupils fourth year of high school, a local educational agency nonetheless shall reevaluate eligibility and provide written notice to the pupil, the person holding the right to make educational decisions for the pupil, and the pupils social worker or probation officer, if applicable, whether the pupil qualifies for an exemption within the first 30 calendar days of the following academic year, based on the course completion status of the pupil at the time of reevaluation to determine if the pupil continues to be reasonably able to complete the local educational agencys graduation requirements in time to graduate from high school by the end of the pupils fourth year of high school.
(2)If it is determined within the first 30 calendar days of the following academic year, that given their course completion status at that time of the reevaluation conducted pursuant to paragraph (1) that the pupil is not reasonably able to complete the local educational agencys graduation requirements in time to graduate from high school by the end of the pupils fourth year of high school, the local educational agency shall provide the pupil with the option to receive an exemption from all coursework and other requirements adopted by the governing body of the local educational agency that are in addition to the statewide coursework requirements specified in Section 51225.3 or to stay in school for a fifth year to complete the local educational agencys graduation requirements upon agreement with the pupil, if the pupil is 18 years of age or older, or, if the pupil is under 18 years of age, upon agreement with the person holding the right to make educational decisions for the pupil and provide notification of the availability of these options pursuant to subdivisions (b) and (d).
(p)(1)This section shall apply to a pupil in foster care, a pupil who is a homeless child or youth, a former juvenile court school pupil, a pupil who is a child of a military family, a pupil who is a migratory child, or a newcomer pupil, who is enrolled in an adult education program, regardless of the pupils age.
(2)This section shall apply to a pupil who is enrolled in an adult education program who, while enrolled in high school, was a pupil in foster care, a pupil who is a homeless child or youth, a former juvenile court school pupil, a pupil who is a child of a military family, a pupil who is a migratory child, or a newcomer pupil.
(q)For a pupil who is an unaccompanied youth as defined in Section 11434a(6) of Title 42 of the United States Code, the person holding the right to make educational decisions for the pupil is the unaccompanied youth.
(r)If a local educational agency or adult school offers to exempt a pupil in foster care, a pupil who is a homeless child or youth, a former juvenile court school pupil, a pupil who is a child of a military family, a pupil who is a migratory child, or a newcomer pupil from all coursework and other requirements adopted by the governing body of the local educational agency that are in addition to the statewide coursework requirements specified in Section 51225.3, it is in the sole discretion of the person holding the right to make educational decisions for the pupil, or the pupil themselves if they are 18 years of age or older, an unaccompanied youth as defined in Section 11434a(6) of Title 42 of the United States Code, or an unaccompanied minor who holds their own education rights, whether to accept the exemption, based on the pupils best educational interests.
(s)Each local educational agency shall report to the department annually on the number of pupils who, for the prior school year, graduated with an exemption from the local educational agencys graduation requirements that are in addition to the statewide coursework requirements. This data shall be reported for pupils graduating in the fourth year and fifth year cohorts, and shall be disaggregated by cohort, pupil category, race, and disability status. The department shall make this data publicly available on an annual basis aligned with other reporting timelines for the California dashboard graduation data. For purposes of this subdivision, pupil category means the categories of pupils identified in subdivision (a).
(t)For purposes of this section, the following terms have the following meanings:
(1)Governing body means the governing board of a school district or the governing body of a charter school, as applicable.
(2)Local educational agency means a school district or charter school.
(3)Pupil in foster care has the same meaning as foster child, defined in subdivision (a) of Section 48853.5.
(4)School means a public school, including a charter school, that maintains any of grades 9 to 12, inclusive.
(5)Unaccompanied youth means an unaccompanied youth between 12 to 24 years of age, inclusive, who is experiencing homelessness, as defined in subsection (2) of Section 725 of the federal McKinney-Vento Homeless Assistance Act (42 U.S.C. Sec. 11434a(2)).
SEC. 3.Section 51225.2 of the Education Code is amended to read:51225.2.(a)For purposes of this section, the following definitions apply:
(1)Former juvenile court school pupil means a pupil who, upon completion of the pupils second year of high school, transfers to a school district or charter school, excluding a school district operated by the Division of Juvenile Justice of the Department of Corrections and Rehabilitation, from a juvenile court school.
(2)Local educational agency means a school district, county office of education, or charter school.
(3)Newcomer pupil has the same meaning as immigrant children and youth, as defined in Section 7011(5) of Title 20 of the United States Code.
(4)Partial coursework satisfactorily completed includes any portion of an individual course, even if the pupil did not complete the entire course.
(5)Pupil in foster care has the same meaning as foster child, as that term is defined in subdivision (a) of Section 48853.5.
(6)Pupil who is a child of a military family means a pupil who meets the definition of children of military families under Section 49701.
(7)Pupil who is a homeless child or youth means a pupil who meets the definition of homeless children and youths in Section 11434a(2) of Title 42 of the United States Code.
(8)Pupil who is a migratory child means a pupil who meets the definition of currently migratory child under subdivision (a) of Section 54441.
(b)(1)Notwithstanding any other law, a local educational agency shall issue, and the new local educational agency shall accept, full or partial credit for all full or partial coursework satisfactorily completed by a pupil in foster care, a pupil who is a homeless child or youth, a former juvenile court school pupil, a pupil who is a child of a military family, a pupil who is a migratory child, or a newcomer pupil, while attending a public school, a juvenile court school, a charter school, a school in a country other than the United States, or a nonpublic, nonsectarian school.
(2)The transferring local educational agency shall issue the full and partial credits on an official transcript for the pupil and shall ensure the transcript includes all of the following:
(A)All full and partial credits and grades earned based on any measure of full or partial coursework being satisfactorily completed, including a determination of the days of enrollment or seat time, or both, if applicable, at a school of that local educational agency or a prior local educational agency, or any other public school, juvenile court school, charter school, school in a country other than the United States, or nonpublic, nonsectarian school.
(B)The credits and grades for each school and local educational agency listed separately so it is clear where they were earned.
(C)A complete record of the pupils seat time, including both period attendance and days of enrollment.
(3)The new local educational agency shall transfer the credits and grades onto an official transcript of the new local educational agency for the pupil in the same manner as described in subparagraph (B) of paragraph (2) and pursuant to the requirements of subdivision (c).
(4)If the new school or new local educational agency has knowledge that the transcript from the transferring local educational agency may not include certain credits or grades for the pupil, it shall contact the prior local educational agency within two business days to request that the prior local educational agency issue full or partial credits pursuant to this paragraph. The prior local educational agency shall issue appropriate credits and provide all academic and other records to the new local educational agency within two business days of the request.
(5)For purposes of coursework completed by a pupil who is a child of a military family, public school includes schools operated by the United States Department of Defense.
(c)(1)The credits accepted pursuant to subdivision (b) shall be applied for enrollment purposes as specified in subdivision (d) to the same or equivalent course, if applicable, as the coursework completed in the prior public school, juvenile court school, charter school, school in a country other than the United States, or nonpublic, nonsectarian school.
(2)For purposes of the official transcript, the credits accepted pursuant to subdivision (b) shall be added to the credits earned from the same or equivalent course for purposes of calculating the total credits earned for the course but shall separately identify the school and local educational agency in which the credits were earned.
(d)A local educational agency shall not require a pupil in foster care, a pupil who is a homeless child or youth, a former juvenile court school pupil, a pupil who is a child of a military family, a pupil who is a migratory child, or a newcomer pupil to retake a course if the pupil has satisfactorily completed the entire course in a public school, a juvenile court school, a charter school, a school in a country other than the United States, or a nonpublic, nonsectarian school. If the pupil did not complete the entire course, the local educational agency shall not require the pupil to retake the portion of the course the pupil completed unless the local educational agency, in consultation with the holder of educational rights for the pupil, finds that the pupil is reasonably able to complete the requirements in time to graduate from high school. When partial credit is awarded in a particular course, the pupil in foster care, the pupil who is a homeless child or youth, the former juvenile court school pupil, the pupil who is a child of a military family, the pupil who is a migratory child, or the newcomer pupil shall be enrolled in the same or equivalent course, if applicable, so that the pupil may continue and complete the entire course.
(e)A pupil in foster care, a pupil who is a homeless child or youth, a former juvenile court school pupil, a pupil who is a child of a military family, a pupil who is a migratory child, or a newcomer pupil shall not be prevented from retaking or taking a course to meet the eligibility requirements for admission to the California State University or the University of California.
(f)(1)A complaint of noncompliance with the requirements of this section may be filed with the local educational agency under the Uniform Complaint Procedures set forth in Chapter 5.1 (commencing with Section 4600) of Division 1 of Title 5 of the California Code of Regulations.
(2)A complainant not satisfied with the decision of a local educational agency may appeal the decision to the department pursuant to Chapter 5.1 (commencing with Section 4600) of Division 1 of Title 5 of the California Code of Regulations and shall receive a written decision regarding the appeal within 60 days of the departments receipt of the appeal.
(3)If a local educational agency finds merit in a complaint, or if the Superintendent finds merit in an appeal, the local educational agency shall provide a remedy to the affected pupil.
(4)Information regarding the requirements of this section shall be included in the annual notification distributed to, among others, pupils, parents or guardians of pupils, employees, and other interested parties pursuant to Section 4622 of Title 5 of the California Code of Regulations.
SEC. 4.Article 3.5 (commencing with Section 54450) is added to Chapter 4 of Part 29 of Division 4 of Title 2 of the Education Code, to read:3.5.Newcomer Pupils54450.(a)For purposes of this section, newcomer pupil has the same meaning as immigrant children and youth, as defined in Section 7011(5) of Title 20 of the United States Code.
(b)The department shall conduct all of the following activities in support of the education of newcomer pupils:
(1)Curate and maintain on its internet website information regarding requirements and best practices for newcomer pupils under current law, and available state and federally funded programs and resources that are supportive of these pupils success in school. This information shall include, but not be limited, to all of the following:
(A)The requirements of Sections 51225.1, 51225.2, and 60811.8 for newcomer pupils.
(B)The requirement to provide English language development instruction for those newcomer pupils classified as English learners, and best practices for English language development instruction for newcomer pupils.
(C)Local discretion in grade placement of newcomer pupils.
(D)Local discretion to enroll pupils for more than four years of high school instruction.
(E)Information about how the use of coursework completed in languages other than English in other countries may fulfill the world language course requirement for graduation pursuant to Section 51225.3 and the admissions requirements of the University of California and the California State University.
(F)Resources for the evaluation of foreign transcripts.
(G)Resources for support of newcomer pupils with disabilities.
(H)Information about the California Newcomer Education and Well-Being Program (CalNEW) program authorized by Section 13265 of the Welfare and Institutions Code.
(I)Information about programs authorized under the California Community Schools Partnership Act (Chapter 6 (commencing with Section 8900) of Part 6 of Division 1 of Title 1).
(2)Publicly report on an annual basis on its internet website on the enrollment of newcomer pupils, using data currently collected pursuant to federal law, including statewide and local educational agency and charter school enrollment, disaggregated by country of origin.
SEC. 5.Section 60811.8 of the Education Code is amended to read:60811.8.(a)Commencing in the 201920 school year, a middle school or high school pupil who is classified as an English learner, except as specified in subdivision (d), shall not be denied participation in the standard instructional program of a school by being denied any of the following:
(1)Enrollment in courses that are part of the standard instructional program of the school that the pupil attends. For purposes of this section, standard instructional program means, at a minimum, core curriculum courses, as defined in clause (i) of subparagraph (B) of paragraph (6) of subdivision (b) of Section 33126, courses required to meet state and local graduation requirements, and courses required for middle school grade promotion.
(2)Enrollment in a full course load of courses that are part of the standard instructional program.
(3)Enrollment in courses that are not part of a schools standard instructional program that either meet the subject matter requirements for purposes of recognition for college admission pursuant to Section 66205.5 or are advanced courses, such as honors or advanced placement courses, on the sole basis of a pupils classification as an English learner.
(b)Nothing in this section shall be construed to require a school to create supplemental courses in languages other than English.
(c)For purposes of this section, pupil includes a pupil attending a school operated by a school district or a county office of education, a charter school, or the state special schools for the blind and the deaf.
(d)(1)Provided that, pursuant to federal law, the pupils course of study is designed to remedy any academic deficits incurred during participation and that the pupils course of study is reasonably calculated to enable that pupil to attain parity of participation in the standard instructional program within a reasonable length of time after the pupil enters the school system, the following pupils may be denied access to enrollment in a course described in paragraph (1) of subdivision (a):
(A)(i)A middle school or high school pupil who is classified as an English learner and who is a newcomer pupil.
(ii)For purposes of clause (i), newcomer pupil has the same meaning as immigrant children and youth, as defined in Section 7011(5) of Title 20 of the United States Code.
(B)A middle school or high school pupil who is classified as an English learner and who is participating in a program designed to meet the academic and transitional needs of newcomer pupils that has as a primary objective the development of English language proficiency.
(2)This section shall not be construed to prohibit, restrict, or discourage the enrollment of a pupil described in paragraph (1) in courses described in paragraph (1) of subdivision (a).
SEC. 6.If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.
At the next regularly scheduled revision of the curriculum framework in English Language Arts and English Language Development, the commission shall consider including content designed to provide teachers with resources to meet the unique academic and English language development needs of newcomer pupils at all grade levels, and shall ensure that the instructional materials for pupils in kindergarten or any of grades 1 to 8, inclusive, that it recommends to the state board for adoption include resources for teachers to help them meet these needs.
SEC. 2.Section 51225.1 of the Education Code is amended to read:51225.1.(a)Notwithstanding any other law, a local educational agency, as defined in subdivision (t), shall exempt a pupil in foster care, as defined in subdivision (t), a pupil who is a homeless child or youth, as defined in Section 11434a(2) of Title 42 of the United States Code, a former juvenile court school pupil, as defined in Section 51225.2, a pupil who is a child of a military family, as defined in Section 49701, or a pupil who is a migratory child, as defined in subdivision (a) of Section 54441, who transfers between schools any time after the completion of the pupils second year of high school, or a newcomer pupil, as defined in Section 51225.2, and who is in their third or fourth year of high school, from all coursework and other requirements adopted by the governing body that are in addition to the statewide coursework requirements specified in Section 51225.3, unless the local educational agency makes a finding that the pupil is reasonably able to complete the local educational agencys graduation requirements in time to graduate from high school by the end of the pupils fourth year of high school.
(b)If the local educational agency determines that the pupil in foster care, the pupil who is a homeless child or youth, the former juvenile court school pupil, the pupil who is a child of a military family, the pupil who is a migratory child, or the newcomer pupil is reasonably able to complete the local educational agencys graduation requirements within the pupils fifth year of high school, the local educational agency shall do all of the following:
(1)Consult with the pupil and the person holding the right to make educational decisions for the pupil regarding the pupils option to remain in school for a fifth year to complete the local educational agencys graduation requirements.
(2)Consult with the pupil, and the person holding the right to make educational decisions for the pupil, about how remaining in school for a fifth year to complete the local educational agencys graduation requirements will affect the pupils ability to gain admission to a postsecondary educational institution.
(3)Consult with and provide information to the pupil about transfer opportunities available through the California Community Colleges.
(4)Permit the pupil to stay in school for a fifth year to complete the local educational agencys graduation requirements upon agreement with the pupil, if the pupil is 18 years of age or older, or, if the pupil is under 18 years of age, upon agreement with the person holding the right to make educational decisions for the pupil.
(5)For a pupil in foster care or a pupil who is a homeless child or youth, consult with the pupil, and the person holding the right to make educational decisions for the pupil, regarding the pupils option to remain in the pupils school of origin, pursuant to Section 48852.7 for a pupil who is a homeless child or youth, or Section 48853.5 for a pupil in foster care.
(c)To determine whether a pupil in foster care, a pupil who is a homeless child or youth, a former juvenile court school pupil, a pupil who is a child of a military family, or a pupil who is a migratory child is in the third or fourth year of high school, the number of credits the pupil has earned to the date of transfer, the length of the pupils school enrollment, or, for pupils with significant gaps in school attendance, the pupils age as compared to the average age of pupils in the third or fourth year of high school, may be used, whichever will qualify the pupil for the exemption. In the case of a newcomer pupil, enrollment in grade 11 or 12, based on the average age of pupils in the third or fourth year of high school, may be used to determine whether the pupil is in the pupils third or fourth year of high school.
(d)(1)(A)Within 30 calendar days of the date that a pupil in foster care who may qualify for the exemption from local graduation requirements pursuant to this section transfers into a school, the local educational agency shall notify the pupil, the person holding the right to make educational decisions for the pupil, and the pupils social worker or probation officer of the availability of the exemption and whether the pupil qualifies for an exemption.
(B)If the local educational agency fails to provide timely notice pursuant to subparagraph (A), the pupil described in subparagraph (A) shall be eligible for the exemption from local graduation requirements pursuant to this section once notified, even if that notification occurs after the termination of the courts jurisdiction over the pupil, if the pupil otherwise qualifies for the exemption pursuant to this section.
(2)(A)Within 30 calendar days of the date that a pupil who is a homeless child or youth who may qualify for the exemption from local graduation requirements pursuant to this section transfers into a school, the local educational agency shall notify the pupil, the person holding the right to make educational decisions for the pupil, and the local educational agency liaison for homeless children and youth designated pursuant to Section 11432(g)(1)(J)(ii) of Title 42 of the United States Code, of the availability of the exemption and whether the pupil qualifies for an exemption.
(B)If the local educational agency fails to provide timely notice pursuant to subparagraph (A), the pupil described in subparagraph (A) shall be eligible for the exemption from local graduation requirements pursuant to this section once notified, even if that notification occurs after the pupil is no longer a homeless child or youth, if the pupil otherwise qualifies for the exemption pursuant to this section.
(3)(A)Within 30 calendar days of the date that a former juvenile court school pupil who may qualify for the exemption from local graduation requirements pursuant to this section transfers into a school, the local educational agency shall notify the pupil, the person holding the right to make educational decisions for the pupil, and the pupils social worker or probation officer of the availability of the exemption and whether the pupil qualifies for an exemption.
(B)If the local educational agency fails to provide timely notice pursuant to subparagraph (A), the pupil described in subparagraph (A) shall be eligible for the exemption from local graduation requirements pursuant to this section once notified, even if that notification occurs after termination of the courts jurisdiction over the pupil, if the pupil otherwise qualifies for the exemption pursuant to this section.
(4)(A)Within 30 calendar days of the date that a pupil who is a child of a military family who may qualify for the exemption from local graduation requirements pursuant to this section transfers into a school, the local educational agency shall notify the pupil and the pupils parent or guardian of the availability of the exemption and whether the pupil qualifies for an exemption.
(B)If the local educational agency fails to provide timely notice pursuant to subparagraph (A), the pupil described in subparagraph (A) shall be eligible for the exemption from local graduation requirements pursuant to this section once notified, even if that notification occurs after the pupil no longer meets the definition of children of military families under Section 49701, if the pupil otherwise qualifies for the exemption pursuant to this section.
(5)(A)Within 30 calendar days of the date that a pupil who is a migratory child who may qualify for the exemption from local graduation requirements pursuant to this section transfers into a school, the local educational agency shall notify the pupil and the pupils parent or guardian of the availability of the exemption and whether the pupil qualifies for an exemption.
(B)If the local educational agency fails to provide timely notice pursuant to subparagraph (A), the pupil described in subparagraph (A) shall be eligible for the exemption from local graduation requirements pursuant to this section once notified, even if that notification occurs after the pupil no longer meets the definition of migratory child if the pupil otherwise qualifies for the exemption pursuant to this section.
(6)(A)Within 30 calendar days of the date that a newcomer pupil who may qualify for the exemption from local graduation requirements pursuant to this section transfers into a school, the local educational agency shall notify the pupil and the pupils parent or guardian of the availability of the exemption and whether the pupil qualifies for an exemption.
(B)If the local educational agency fails to provide timely notice pursuant to subparagraph (A), the pupil described in subparagraph (A) shall be eligible for the exemption from local graduation requirements pursuant to this section once notified, even if that notification occurs after the pupil no longer meets the definition of a newcomer pupil if the pupil otherwise qualifies for the exemption pursuant to this section.
(e)If a pupil in foster care, a pupil who is a homeless child or youth, a former juvenile court school pupil, a pupil who is a child of a military family, a pupil who is a migratory child, or a newcomer pupil is exempted from local graduation requirements pursuant to this section and completes the statewide coursework requirements specified in Section 51225.3 before the end of the pupils fourth year of high school and that pupil would otherwise be entitled to remain in attendance at the school, a school, including a charter school, or school district shall not require or request that the pupil graduate before the end of the pupils fourth year of high school.
(f)If a pupil in foster care, a pupil who is a homeless child or youth, a former juvenile court school pupil, a pupil who is a child of a military family, a pupil who is a migratory child, or a newcomer pupil is exempted from local graduation requirements pursuant to this section, in addition to providing notification of the exemption pursuant to subdivision (d), the local educational agency shall consult with the pupil and the person holding the right to make educational decisions for the pupil. The consultation shall include all of the following:
(1)Discussion regarding how any of the requirements that are waived may affect the pupils postsecondary education or vocation plans, including the ability to gain admission to a postsecondary educational institution.
(2)Discussion and information about other options available to the pupil, including, but not limited to, a fifth year of high school, possible credit recovery, and any transfer opportunities available through the California Community Colleges.
(3)Consideration of the pupils academic data and any other information relevant to making an informed decision on whether to accept the exemption.
(g)A pupil in foster care, a pupil who is a homeless child or youth, a former juvenile court school pupil, a pupil who is a child of a military family, a pupil who is a migratory child, or a newcomer pupil who is eligible for the exemption from local graduation requirements pursuant to this section and would otherwise be entitled to remain in attendance at the school shall not be required to accept the exemption or be denied enrollment in, or the ability to complete, courses for which the pupil is otherwise eligible, including courses necessary to attend an institution of higher education, regardless of whether those courses are required for statewide graduation requirements.
(h)(1)If a pupil in foster care, a pupil who is a homeless child or youth, a former juvenile court school pupil, a pupil who is a child of a military family, a pupil who is a migratory child, or a newcomer pupil is not exempted from local graduation requirements or has previously declined the exemption pursuant to this section, a local educational agency shall exempt the pupil within 30 days of the date of the exemption request, if an exemption is requested by the pupil or the person holding the right to make educational decisions for the pupil and the pupil qualifies for the exemption.
(2)If a pupil in foster care, a pupil who is a homeless child or youth, a former juvenile court school pupil, a pupil who is a child of a military family, a pupil who is a migratory child, or a newcomer pupil who was eligible for an exemption pursuant to this section, was not properly notified of the availability of the exemption pursuant to subdivision (d), or declined the exemption, a local educational agency nonetheless shall exempt the pupil within 30 days of the date of the exemption request, if an exemption is requested by the pupil or the person holding the right to make educational decisions for the pupil, and the pupil at one time qualified for the exemption, even if the pupil is no longer homeless, a child of a military family, a pupil who is a migratory child, a newcomer pupil, or the courts jurisdiction over the pupil has terminated.
(i)If a pupil in foster care, a pupil who is a homeless child or youth, a former juvenile court school pupil, a pupil who is a child of a military family, a pupil who is a migratory child, or a newcomer pupil is exempted from local graduation requirements pursuant to this section, a local educational agency shall not revoke the exemption.
(j)(1)If a pupil in foster care is exempted from local graduation requirements pursuant to this section, the exemption shall continue to apply after the termination of the courts jurisdiction over the pupil while the pupil is enrolled in school or if the pupil transfers to another school, including a charter school, or school district.
(2)If a pupil who is a homeless child or youth is exempted from local graduation requirements pursuant to this section, the exemption shall continue to apply after the pupil is no longer a homeless child or youth while the pupil is enrolled in school or if the pupil transfers to another school, including a charter school, or school district.
(3)If a former juvenile court school pupil is exempted from local graduation requirements pursuant to this section, the exemption shall continue to apply after the termination of the courts jurisdiction over the pupil while the pupil is enrolled in school or if the pupil transfers to another school, including a charter school, or school district.
(4)If a pupil who is a child of a military family is exempted from local graduation requirements pursuant to this section, the exemption shall continue to apply after the pupil no longer meets the definition of children of military families under Section 49701 while the pupil is enrolled in school or if the pupil transfers to another school, including a charter school, or school district.
(5)If a pupil who is a migratory child is exempted from local graduation requirements pursuant to this section, the exemption shall continue to apply after the pupil no longer meets the definition of migratory child while the pupil is enrolled in school or if the pupil transfers to another school, including a charter school, or school district.
(6)If a newcomer pupil is exempted from local graduation requirements pursuant to this section, the exemption shall continue to apply after the pupil no longer meets the definition of a newcomer pupil while the pupil is enrolled in school or if the pupil transfers to another school, including a charter school, or school district.
(k)A local educational agency shall not require or request a pupil in foster care, a pupil who is a homeless child or youth, a former juvenile court school pupil, a pupil who is a child of a military family, or a pupil who is a migratory child to transfer schools in order to qualify the pupil for an exemption pursuant to this section.
(l)(1)A pupil in foster care, the person holding the right to make educational decisions for the pupil, the pupils social worker, or the pupils probation officer shall not request a transfer solely to qualify the pupil for an exemption pursuant to this section.
(2)A pupil who is a homeless child or youth, the person holding the right to make educational decisions for the pupil, or the local educational agency liaison for homeless children and youth designated pursuant to Section 11432(g)(1)(J)(ii) of Title 42 of the United States Code, shall not request a transfer solely to qualify the pupil for an exemption pursuant to this section.
(3)A former juvenile court school pupil, the person holding the right to make educational decisions for the pupil, the pupils social worker, or the pupils probation officer shall not request a transfer solely to qualify the pupil for an exemption pursuant to this section.
(4)A pupil who is a child of a military family, or the pupils parent or guardian, shall not request a transfer solely to qualify the pupil for an exemption pursuant to this section.
(5)A pupil who is a migratory child, or the pupils parent or guardian, shall not request a transfer solely to qualify the pupil for an exemption pursuant to this section.
(m)(1)A complaint of noncompliance with the requirements of this section may be filed with the local educational agency under the Uniform Complaint Procedures set forth in Chapter 5.1 (commencing with Section 4600) of Division 1 of Title 5 of the California Code of Regulations.
(2)A complainant not satisfied with the decision of a local educational agency may appeal the decision to the department pursuant to Chapter 5.1 (commencing with Section 4600) of Division 1 of Title 5 of the California Code of Regulations and shall receive a written decision regarding the appeal within 60 days of the departments receipt of the appeal.
(3)If a local educational agency finds merit in a complaint, or the Superintendent finds merit in an appeal, the local educational agency shall provide a remedy to the affected pupil.
(4)Information regarding the requirements of this section shall be included in the annual notification distributed to, among others, pupils, parents or guardians of pupils, employees, and other interested parties pursuant to Section 4622 of Title 5 of the California Code of Regulations.
(n)(1)If a local educational agency determines that a pupil in foster care, a pupil who is a homeless child or youth, a former juvenile court school pupil, a pupil who is a child of a military family, or a pupil who is a migratory child and who transfers between schools any time after the completion of the pupils second year of high school, or a newcomer pupil who is in their third or fourth year of high school, is not reasonably able to complete the local educational agencys graduation requirements within the pupils fifth year of high school, but is reasonably able to complete the statewide coursework requirements specified in Section 51225.3 within the pupils fifth year of high school, the local educational agency shall exempt a pupil from the local educational agencys graduation requirements and provide the pupil the option to remain in school for a fifth year to complete the statewide coursework requirements. The local educational agency shall consult with the pupil and the person holding the right to make educational decisions for the pupil regarding all of the following:
(A)The pupils option to remain in school for a fifth year to complete the statewide coursework requirements.
(B)How waiving the local educational requirements and remaining in school for a fifth year may affect the pupils postsecondary education or vocation plans, including the ability to gain admission to an institution of higher education.
(C)Whether any other options are available to the pupil, including, but not limited to, possible credit recovery, and any transfer opportunities available through the California Community Colleges.
(D)The pupils academic data and any other information relevant to making an informed decision on whether to accept the exemption and option to remain in school for a fifth year to complete the statewide coursework requirements.
(2)This subdivision shall become inoperative on January 1, 2028.
(o)(1)If a pupil in foster care, a pupil who is a homeless child or youth, a former juvenile court school pupil, a pupil who is a child of a military family, or a pupil who is a migratory child is not eligible for an exemption pursuant to this section in the year in which the pupil transfers between schools, or for a newcomer pupil, is not eligible for an exemption pursuant to this section in the pupils third year of high school, because the local educational agency makes a finding that the pupil is reasonably able to complete the local educational agencys graduation requirements in time to graduate from high school by the end of the pupils fourth year of high school, a local educational agency nonetheless shall reevaluate eligibility and provide written notice to the pupil, the person holding the right to make educational decisions for the pupil, and the pupils social worker or probation officer, if applicable, whether the pupil qualifies for an exemption within the first 30 calendar days of the following academic year, based on the course completion status of the pupil at the time of reevaluation to determine if the pupil continues to be reasonably able to complete the local educational agencys graduation requirements in time to graduate from high school by the end of the pupils fourth year of high school.
(2)If it is determined within the first 30 calendar days of the following academic year, that given their course completion status at that time of the reevaluation conducted pursuant to paragraph (1) that the pupil is not reasonably able to complete the local educational agencys graduation requirements in time to graduate from high school by the end of the pupils fourth year of high school, the local educational agency shall provide the pupil with the option to receive an exemption from all coursework and other requirements adopted by the governing body of the local educational agency that are in addition to the statewide coursework requirements specified in Section 51225.3 or to stay in school for a fifth year to complete the local educational agencys graduation requirements upon agreement with the pupil, if the pupil is 18 years of age or older, or, if the pupil is under 18 years of age, upon agreement with the person holding the right to make educational decisions for the pupil and provide notification of the availability of these options pursuant to subdivisions (b) and (d).
(p)(1)This section shall apply to a pupil in foster care, a pupil who is a homeless child or youth, a former juvenile court school pupil, a pupil who is a child of a military family, a pupil who is a migratory child, or a newcomer pupil, who is enrolled in an adult education program, regardless of the pupils age.
(2)This section shall apply to a pupil who is enrolled in an adult education program who, while enrolled in high school, was a pupil in foster care, a pupil who is a homeless child or youth, a former juvenile court school pupil, a pupil who is a child of a military family, a pupil who is a migratory child, or a newcomer pupil.
(q)For a pupil who is an unaccompanied youth as defined in Section 11434a(6) of Title 42 of the United States Code, the person holding the right to make educational decisions for the pupil is the unaccompanied youth.
(r)If a local educational agency or adult school offers to exempt a pupil in foster care, a pupil who is a homeless child or youth, a former juvenile court school pupil, a pupil who is a child of a military family, a pupil who is a migratory child, or a newcomer pupil from all coursework and other requirements adopted by the governing body of the local educational agency that are in addition to the statewide coursework requirements specified in Section 51225.3, it is in the sole discretion of the person holding the right to make educational decisions for the pupil, or the pupil themselves if they are 18 years of age or older, an unaccompanied youth as defined in Section 11434a(6) of Title 42 of the United States Code, or an unaccompanied minor who holds their own education rights, whether to accept the exemption, based on the pupils best educational interests.
(s)Each local educational agency shall report to the department annually on the number of pupils who, for the prior school year, graduated with an exemption from the local educational agencys graduation requirements that are in addition to the statewide coursework requirements. This data shall be reported for pupils graduating in the fourth year and fifth year cohorts, and shall be disaggregated by cohort, pupil category, race, and disability status. The department shall make this data publicly available on an annual basis aligned with other reporting timelines for the California dashboard graduation data. For purposes of this subdivision, pupil category means the categories of pupils identified in subdivision (a).
(t)For purposes of this section, the following terms have the following meanings:
(1)Governing body means the governing board of a school district or the governing body of a charter school, as applicable.
(2)Local educational agency means a school district or charter school.
(3)Pupil in foster care has the same meaning as foster child, defined in subdivision (a) of Section 48853.5.
(4)School means a public school, including a charter school, that maintains any of grades 9 to 12, inclusive.
(5)Unaccompanied youth means an unaccompanied youth between 12 to 24 years of age, inclusive, who is experiencing homelessness, as defined in subsection (2) of Section 725 of the federal McKinney-Vento Homeless Assistance Act (42 U.S.C. Sec. 11434a(2)).
SEC. 3.Section 51225.2 of the Education Code is amended to read:51225.2.(a)For purposes of this section, the following definitions apply:
(1)Former juvenile court school pupil means a pupil who, upon completion of the pupils second year of high school, transfers to a school district or charter school, excluding a school district operated by the Division of Juvenile Justice of the Department of Corrections and Rehabilitation, from a juvenile court school.
(2)Local educational agency means a school district, county office of education, or charter school.
(3)Newcomer pupil has the same meaning as immigrant children and youth, as defined in Section 7011(5) of Title 20 of the United States Code.
(4)Partial coursework satisfactorily completed includes any portion of an individual course, even if the pupil did not complete the entire course.
(5)Pupil in foster care has the same meaning as foster child, as that term is defined in subdivision (a) of Section 48853.5.
(6)Pupil who is a child of a military family means a pupil who meets the definition of children of military families under Section 49701.
(7)Pupil who is a homeless child or youth means a pupil who meets the definition of homeless children and youths in Section 11434a(2) of Title 42 of the United States Code.
(8)Pupil who is a migratory child means a pupil who meets the definition of currently migratory child under subdivision (a) of Section 54441.
(b)(1)Notwithstanding any other law, a local educational agency shall issue, and the new local educational agency shall accept, full or partial credit for all full or partial coursework satisfactorily completed by a pupil in foster care, a pupil who is a homeless child or youth, a former juvenile court school pupil, a pupil who is a child of a military family, a pupil who is a migratory child, or a newcomer pupil, while attending a public school, a juvenile court school, a charter school, a school in a country other than the United States, or a nonpublic, nonsectarian school.
(2)The transferring local educational agency shall issue the full and partial credits on an official transcript for the pupil and shall ensure the transcript includes all of the following:
(A)All full and partial credits and grades earned based on any measure of full or partial coursework being satisfactorily completed, including a determination of the days of enrollment or seat time, or both, if applicable, at a school of that local educational agency or a prior local educational agency, or any other public school, juvenile court school, charter school, school in a country other than the United States, or nonpublic, nonsectarian school.
(B)The credits and grades for each school and local educational agency listed separately so it is clear where they were earned.
(C)A complete record of the pupils seat time, including both period attendance and days of enrollment.
(3)The new local educational agency shall transfer the credits and grades onto an official transcript of the new local educational agency for the pupil in the same manner as described in subparagraph (B) of paragraph (2) and pursuant to the requirements of subdivision (c).
(4)If the new school or new local educational agency has knowledge that the transcript from the transferring local educational agency may not include certain credits or grades for the pupil, it shall contact the prior local educational agency within two business days to request that the prior local educational agency issue full or partial credits pursuant to this paragraph. The prior local educational agency shall issue appropriate credits and provide all academic and other records to the new local educational agency within two business days of the request.
(5)For purposes of coursework completed by a pupil who is a child of a military family, public school includes schools operated by the United States Department of Defense.
(c)(1)The credits accepted pursuant to subdivision (b) shall be applied for enrollment purposes as specified in subdivision (d) to the same or equivalent course, if applicable, as the coursework completed in the prior public school, juvenile court school, charter school, school in a country other than the United States, or nonpublic, nonsectarian school.
(2)For purposes of the official transcript, the credits accepted pursuant to subdivision (b) shall be added to the credits earned from the same or equivalent course for purposes of calculating the total credits earned for the course but shall separately identify the school and local educational agency in which the credits were earned.
(d)A local educational agency shall not require a pupil in foster care, a pupil who is a homeless child or youth, a former juvenile court school pupil, a pupil who is a child of a military family, a pupil who is a migratory child, or a newcomer pupil to retake a course if the pupil has satisfactorily completed the entire course in a public school, a juvenile court school, a charter school, a school in a country other than the United States, or a nonpublic, nonsectarian school. If the pupil did not complete the entire course, the local educational agency shall not require the pupil to retake the portion of the course the pupil completed unless the local educational agency, in consultation with the holder of educational rights for the pupil, finds that the pupil is reasonably able to complete the requirements in time to graduate from high school. When partial credit is awarded in a particular course, the pupil in foster care, the pupil who is a homeless child or youth, the former juvenile court school pupil, the pupil who is a child of a military family, the pupil who is a migratory child, or the newcomer pupil shall be enrolled in the same or equivalent course, if applicable, so that the pupil may continue and complete the entire course.
(e)A pupil in foster care, a pupil who is a homeless child or youth, a former juvenile court school pupil, a pupil who is a child of a military family, a pupil who is a migratory child, or a newcomer pupil shall not be prevented from retaking or taking a course to meet the eligibility requirements for admission to the California State University or the University of California.
(f)(1)A complaint of noncompliance with the requirements of this section may be filed with the local educational agency under the Uniform Complaint Procedures set forth in Chapter 5.1 (commencing with Section 4600) of Division 1 of Title 5 of the California Code of Regulations.
(2)A complainant not satisfied with the decision of a local educational agency may appeal the decision to the department pursuant to Chapter 5.1 (commencing with Section 4600) of Division 1 of Title 5 of the California Code of Regulations and shall receive a written decision regarding the appeal within 60 days of the departments receipt of the appeal.
(3)If a local educational agency finds merit in a complaint, or if the Superintendent finds merit in an appeal, the local educational agency shall provide a remedy to the affected pupil.
(4)Information regarding the requirements of this section shall be included in the annual notification distributed to, among others, pupils, parents or guardians of pupils, employees, and other interested parties pursuant to Section 4622 of Title 5 of the California Code of Regulations.
SEC. 4.Article 3.5 (commencing with Section 54450) is added to Chapter 4 of Part 29 of Division 4 of Title 2 of the Education Code, to read:3.5.Newcomer Pupils54450.(a)For purposes of this section, newcomer pupil has the same meaning as immigrant children and youth, as defined in Section 7011(5) of Title 20 of the United States Code.
(b)The department shall conduct all of the following activities in support of the education of newcomer pupils:
(1)Develop and issue guidance Curate and maintain on its internet website information regarding requirements and best practices for newcomer pupils under current law, and available state and federally funded programs and resources that are supportive of these pupils success in school. This guidance information shall include, but not be limited, to all of the following:
(A)The requirements of Sections 51225.1, 51225.2, and 60811.8 for newcomer pupils.
(B)The requirement to provide English language development instruction for those newcomer pupils classified as English learners, and best practices for English language development instruction for newcomer pupils.
(C)Local discretion in grade placement of newcomer pupils.
(D)Local discretion to enroll pupils for more than four years of high school instruction.
(E)Information about how the use of coursework completed in languages other than English in other countries may fulfill the world language course requirement for graduation pursuant to Section 51225.3 and the admissions requirements of the University of California and the California State University.
(F)Resources for the evaluation of foreign transcripts.
(G)Resources for support of newcomer pupils with disabilities.
(H)Information about the California Newcomer Education and Well-Being Program (CalNEW) program authorized by Section 13265 of the Welfare and Institutions Code.
(I)Information about programs authorized under the California Community Schools Partnership Act (Chapter 6 (commencing with Section 8900) of Part 6 of Division 1 of Title 1).
(2)Publicly report on an annual basis on its internet website on the enrollment of newcomer pupils, using data currently collected pursuant to federal law, including statewide and local educational agency and charter school enrollment, disaggregated by home language. country of origin.
SEC. 5.Section 60811.8 of the Education Code is amended to read:60811.8.(a)Commencing in the 201920 school year, a middle school or high school pupil who is classified as an English learner, except as specified in subdivision (d), shall not be denied participation in the standard instructional program of a school by being denied any of the following:
(1)Enrollment in courses that are part of the standard instructional program of the school that the pupil attends. For purposes of this section, standard instructional program means, at a minimum, core curriculum courses, as defined in clause (i) of subparagraph (B) of paragraph (6) of subdivision (b) of Section 33126, courses required to meet state and local graduation requirements, and courses required for middle school grade promotion.
(2)Enrollment in a full course load of courses that are part of the standard instructional program.
(3)Enrollment in courses that are not part of a schools standard instructional program that either meet the subject matter requirements for purposes of recognition for college admission pursuant to Section 66205.5 or are advanced courses, such as honors or advanced placement courses, on the sole basis of a pupils classification as an English learner.
(b)Nothing in this section shall be construed to require a school to create supplemental courses in languages other than English.
(c)For purposes of this section, pupil includes a pupil attending a school operated by a school district or a county office of education, a charter school, or the state special schools for the blind and the deaf.
(d)(1)Provided that, pursuant to federal law, the pupils course of study is designed to remedy any academic deficits incurred during participation and that the pupils course of study is reasonably calculated to enable that pupil to attain parity of participation in the standard instructional program within a reasonable length of time after the pupil enters the school system, the following pupils may be denied access to enrollment in a course described in paragraph (1) of subdivision (a):
(A)(i)A middle school or high school pupil who is classified as an English learner and who is a newcomer pupil, as defined in Section 7011(5) of Title 20 of the United States Code. pupil.
(ii)For purposes of clause (i), newcomer pupil has the same meaning as immigrant children and youth, as defined in Section 7011(5) of Title 20 of the United States Code.
(B)A middle school or high school pupil who is classified as an English learner and who is participating in a program designed to meet the academic and transitional needs of newcomer pupils that has as a primary objective the development of English language proficiency.
(2)This section shall not be construed to prohibit, restrict, or discourage the enrollment of a pupil described in paragraph (1) in courses described in paragraph (1) of subdivision (a).
SEC. 6.If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.
At the next regularly scheduled revision of the curriculum framework in English Language Arts and English Language Development, the commission shall consider including content designed to provide teachers with resources to meet the unique academic and English language development needs of newcomer pupils at all grade levels, and shall ensure that the instructional materials for pupils in kindergarten or any of grades 1 to 8, inclusive, that it recommends to the state board for adoption include resources for teachers to help them meet these needs.
SEC. 2.Section 51225.1 of the Education Code is amended to read:51225.1.(a)Notwithstanding any other law, a local educational agency, as defined in subdivision (t), shall exempt a pupil in foster care, as defined in subdivision (t), a pupil who is a homeless child or youth, as defined in Section 11434a(2) of Title 42 of the United States Code, a former juvenile court school pupil, as defined in Section 51225.2, a pupil who is a child of a military family, as defined in Section 49701, or a pupil who is a migratory child, as defined in subdivision (a) of Section 54441, who transfers between schools any time after the completion of the pupils second year of high school, or a newcomer pupil, as defined in Section 51225.2, and who is in their third or fourth year of high school, from all coursework and other requirements adopted by the governing body that are in addition to the statewide coursework requirements specified in Section 51225.3, unless the local educational agency makes a finding that the pupil is reasonably able to complete the local educational agencys graduation requirements in time to graduate from high school by the end of the pupils fourth year of high school.
(b)If the local educational agency determines that the pupil in foster care, the pupil who is a homeless child or youth, the former juvenile court school pupil, the pupil who is a child of a military family, the pupil who is a migratory child, or the newcomer pupil is reasonably able to complete the local educational agencys graduation requirements within the pupils fifth year of high school, the local educational agency shall do all of the following:
(1)Consult with the pupil and the person holding the right to make educational decisions for the pupil regarding the pupils option to remain in school for a fifth year to complete the local educational agencys graduation requirements.
(2)Consult with the pupil, and the person holding the right to make educational decisions for the pupil, about how remaining in school for a fifth year to complete the local educational agencys graduation requirements will affect the pupils ability to gain admission to a postsecondary educational institution.
(3)Consult with and provide information to the pupil about transfer opportunities available through the California Community Colleges.
(4)Permit the pupil to stay in school for a fifth year to complete the local educational agencys graduation requirements upon agreement with the pupil, if the pupil is 18 years of age or older, or, if the pupil is under 18 years of age, upon agreement with the person holding the right to make educational decisions for the pupil.
(5)For a pupil in foster care or a pupil who is a homeless child or youth, consult with the pupil, and the person holding the right to make educational decisions for the pupil, regarding the pupils option to remain in the pupils school of origin, pursuant to Section 48852.7 for a pupil who is a homeless child or youth, or Section 48853.5 for a pupil in foster care.
(c)To determine whether a pupil in foster care, a pupil who is a homeless child or youth, a former juvenile court school pupil, a pupil who is a child of a military family, or a pupil who is a migratory child is in the third or fourth year of high school, the number of credits the pupil has earned to the date of transfer, the length of the pupils school enrollment, or, for pupils with significant gaps in school attendance, the pupils age as compared to the average age of pupils in the third or fourth year of high school, may be used, whichever will qualify the pupil for the exemption. In the case of a newcomer pupil, enrollment in grade 11 or 12, based on the average age of pupils in the third or fourth year of high school, may be used to determine whether the pupil is in the pupils third or fourth year of high school.
(d)(1)(A)Within 30 calendar days of the date that a pupil in foster care who may qualify for the exemption from local graduation requirements pursuant to this section transfers into a school, the local educational agency shall notify the pupil, the person holding the right to make educational decisions for the pupil, and the pupils social worker or probation officer of the availability of the exemption and whether the pupil qualifies for an exemption.
(B)If the local educational agency fails to provide timely notice pursuant to subparagraph (A), the pupil described in subparagraph (A) shall be eligible for the exemption from local graduation requirements pursuant to this section once notified, even if that notification occurs after the termination of the courts jurisdiction over the pupil, if the pupil otherwise qualifies for the exemption pursuant to this section.
(2)(A)Within 30 calendar days of the date that a pupil who is a homeless child or youth who may qualify for the exemption from local graduation requirements pursuant to this section transfers into a school, the local educational agency shall notify the pupil, the person holding the right to make educational decisions for the pupil, and the local educational agency liaison for homeless children and youth designated pursuant to Section 11432(g)(1)(J)(ii) of Title 42 of the United States Code, of the availability of the exemption and whether the pupil qualifies for an exemption.
(B)If the local educational agency fails to provide timely notice pursuant to subparagraph (A), the pupil described in subparagraph (A) shall be eligible for the exemption from local graduation requirements pursuant to this section once notified, even if that notification occurs after the pupil is no longer a homeless child or youth, if the pupil otherwise qualifies for the exemption pursuant to this section.
(3)(A)Within 30 calendar days of the date that a former juvenile court school pupil who may qualify for the exemption from local graduation requirements pursuant to this section transfers into a school, the local educational agency shall notify the pupil, the person holding the right to make educational decisions for the pupil, and the pupils social worker or probation officer of the availability of the exemption and whether the pupil qualifies for an exemption.
(B)If the local educational agency fails to provide timely notice pursuant to subparagraph (A), the pupil described in subparagraph (A) shall be eligible for the exemption from local graduation requirements pursuant to this section once notified, even if that notification occurs after termination of the courts jurisdiction over the pupil, if the pupil otherwise qualifies for the exemption pursuant to this section.
(4)(A)Within 30 calendar days of the date that a pupil who is a child of a military family who may qualify for the exemption from local graduation requirements pursuant to this section transfers into a school, the local educational agency shall notify the pupil and the pupils parent or guardian of the availability of the exemption and whether the pupil qualifies for an exemption.
(B)If the local educational agency fails to provide timely notice pursuant to subparagraph (A), the pupil described in subparagraph (A) shall be eligible for the exemption from local graduation requirements pursuant to this section once notified, even if that notification occurs after the pupil no longer meets the definition of children of military families under Section 49701, if the pupil otherwise qualifies for the exemption pursuant to this section.
(5)(A)Within 30 calendar days of the date that a pupil who is a migratory child who may qualify for the exemption from local graduation requirements pursuant to this section transfers into a school, the local educational agency shall notify the pupil and the pupils parent or guardian of the availability of the exemption and whether the pupil qualifies for an exemption.
(B)If the local educational agency fails to provide timely notice pursuant to subparagraph (A), the pupil described in subparagraph (A) shall be eligible for the exemption from local graduation requirements pursuant to this section once notified, even if that notification occurs after the pupil no longer meets the definition of migratory child if the pupil otherwise qualifies for the exemption pursuant to this section.
(6)(A)Within 30 calendar days of the date that a newcomer pupil who may qualify for the exemption from local graduation requirements pursuant to this section transfers into a school, the local educational agency shall notify the pupil and the pupils parent or guardian of the availability of the exemption and whether the pupil qualifies for an exemption.
(B)If the local educational agency fails to provide timely notice pursuant to subparagraph (A), the pupil described in subparagraph (A) shall be eligible for the exemption from local graduation requirements pursuant to this section once notified, even if that notification occurs after the pupil no longer meets the definition of a newcomer pupil if the pupil otherwise qualifies for the exemption pursuant to this section.
(e)If a pupil in foster care, a pupil who is a homeless child or youth, a former juvenile court school pupil, a pupil who is a child of a military family, a pupil who is a migratory child, or a newcomer pupil is exempted from local graduation requirements pursuant to this section and completes the statewide coursework requirements specified in Section 51225.3 before the end of the pupils fourth year of high school and that pupil would otherwise be entitled to remain in attendance at the school, a school, including a charter school, or school district shall not require or request that the pupil graduate before the end of the pupils fourth year of high school.
(f)If a pupil in foster care, a pupil who is a homeless child or youth, a former juvenile court school pupil, a pupil who is a child of a military family, a pupil who is a migratory child, or a newcomer pupil is exempted from local graduation requirements pursuant to this section, in addition to providing notification of the exemption pursuant to subdivision (d), the local educational agency shall consult with the pupil and the person holding the right to make educational decisions for the pupil. The consultation shall include all of the following:
(1)Discussion regarding how any of the requirements that are waived may affect the pupils postsecondary education or vocation plans, including the ability to gain admission to a postsecondary educational institution.
(2)Discussion and information about other options available to the pupil, including, but not limited to, a fifth year of high school, possible credit recovery, and any transfer opportunities available through the California Community Colleges.
(3)Consideration of the pupils academic data and any other information relevant to making an informed decision on whether to accept the exemption.
(g)A pupil in foster care, a pupil who is a homeless child or youth, a former juvenile court school pupil, a pupil who is a child of a military family, a pupil who is a migratory child, or a newcomer pupil who is eligible for the exemption from local graduation requirements pursuant to this section and would otherwise be entitled to remain in attendance at the school shall not be required to accept the exemption or be denied enrollment in, or the ability to complete, courses for which the pupil is otherwise eligible, including courses necessary to attend an institution of higher education, regardless of whether those courses are required for statewide graduation requirements.
(h)(1)If a pupil in foster care, a pupil who is a homeless child or youth, a former juvenile court school pupil, a pupil who is a child of a military family, a pupil who is a migratory child, or a newcomer pupil is not exempted from local graduation requirements or has previously declined the exemption pursuant to this section, a local educational agency shall exempt the pupil within 30 days of the date of the exemption request, if an exemption is requested by the pupil or the person holding the right to make educational decisions for the pupil and the pupil qualifies for the exemption.
(2)If a pupil in foster care, a pupil who is a homeless child or youth, a former juvenile court school pupil, a pupil who is a child of a military family, a pupil who is a migratory child, or a newcomer pupil who was eligible for an exemption pursuant to this section, was not properly notified of the availability of the exemption pursuant to subdivision (d), or declined the exemption, a local educational agency nonetheless shall exempt the pupil within 30 days of the date of the exemption request, if an exemption is requested by the pupil or the person holding the right to make educational decisions for the pupil, and the pupil at one time qualified for the exemption, even if the pupil is no longer homeless, a child of a military family, a pupil who is a migratory child, a newcomer pupil, or the courts jurisdiction over the pupil has terminated.
(i)If a pupil in foster care, a pupil who is a homeless child or youth, a former juvenile court school pupil, a pupil who is a child of a military family, a pupil who is a migratory child, or a newcomer pupil is exempted from local graduation requirements pursuant to this section, a local educational agency shall not revoke the exemption.
(j)(1)If a pupil in foster care is exempted from local graduation requirements pursuant to this section, the exemption shall continue to apply after the termination of the courts jurisdiction over the pupil while the pupil is enrolled in school or if the pupil transfers to another school, including a charter school, or school district.
(2)If a pupil who is a homeless child or youth is exempted from local graduation requirements pursuant to this section, the exemption shall continue to apply after the pupil is no longer a homeless child or youth while the pupil is enrolled in school or if the pupil transfers to another school, including a charter school, or school district.
(3)If a former juvenile court school pupil is exempted from local graduation requirements pursuant to this section, the exemption shall continue to apply after the termination of the courts jurisdiction over the pupil while the pupil is enrolled in school or if the pupil transfers to another school, including a charter school, or school district.
(4)If a pupil who is a child of a military family is exempted from local graduation requirements pursuant to this section, the exemption shall continue to apply after the pupil no longer meets the definition of children of military families under Section 49701 while the pupil is enrolled in school or if the pupil transfers to another school, including a charter school, or school district.
(5)If a pupil who is a migratory child is exempted from local graduation requirements pursuant to this section, the exemption shall continue to apply after the pupil no longer meets the definition of migratory child while the pupil is enrolled in school or if the pupil transfers to another school, including a charter school, or school district.
(6)If a newcomer pupil is exempted from local graduation requirements pursuant to this section, the exemption shall continue to apply after the pupil no longer meets the definition of a newcomer pupil while the pupil is enrolled in school or if the pupil transfers to another school, including a charter school, or school district.
(k)A local educational agency shall not require or request a pupil in foster care, a pupil who is a homeless child or youth, a former juvenile court school pupil, a pupil who is a child of a military family, or a pupil who is a migratory child to transfer schools in order to qualify the pupil for an exemption pursuant to this section.
(l)(1)A pupil in foster care, the person holding the right to make educational decisions for the pupil, the pupils social worker, or the pupils probation officer shall not request a transfer solely to qualify the pupil for an exemption pursuant to this section.
(2)A pupil who is a homeless child or youth, the person holding the right to make educational decisions for the pupil, or the local educational agency liaison for homeless children and youth designated pursuant to Section 11432(g)(1)(J)(ii) of Title 42 of the United States Code, shall not request a transfer solely to qualify the pupil for an exemption pursuant to this section.
(3)A former juvenile court school pupil, the person holding the right to make educational decisions for the pupil, the pupils social worker, or the pupils probation officer shall not request a transfer solely to qualify the pupil for an exemption pursuant to this section.
(4)A pupil who is a child of a military family, or the pupils parent or guardian, shall not request a transfer solely to qualify the pupil for an exemption pursuant to this section.
(5)A pupil who is a migratory child, or the pupils parent or guardian, shall not request a transfer solely to qualify the pupil for an exemption pursuant to this section.
(m)(1)A complaint of noncompliance with the requirements of this section may be filed with the local educational agency under the Uniform Complaint Procedures set forth in Chapter 5.1 (commencing with Section 4600) of Division 1 of Title 5 of the California Code of Regulations.
(2)A complainant not satisfied with the decision of a local educational agency may appeal the decision to the department pursuant to Chapter 5.1 (commencing with Section 4600) of Division 1 of Title 5 of the California Code of Regulations and shall receive a written decision regarding the appeal within 60 days of the departments receipt of the appeal.
(3)If a local educational agency finds merit in a complaint, or the Superintendent finds merit in an appeal, the local educational agency shall provide a remedy to the affected pupil.
(4)Information regarding the requirements of this section shall be included in the annual notification distributed to, among others, pupils, parents or guardians of pupils, employees, and other interested parties pursuant to Section 4622 of Title 5 of the California Code of Regulations.
(n)(1)If a local educational agency determines that a pupil in foster care, a pupil who is a homeless child or youth, a former juvenile court school pupil, a pupil who is a child of a military family, or a pupil who is a migratory child and who transfers between schools any time after the completion of the pupils second year of high school, or a newcomer pupil who is in their third or fourth year of high school, is not reasonably able to complete the local educational agencys graduation requirements within the pupils fifth year of high school, but is reasonably able to complete the statewide coursework requirements specified in Section 51225.3 within the pupils fifth year of high school, the local educational agency shall exempt a pupil from the local educational agencys graduation requirements and provide the pupil the option to remain in school for a fifth year to complete the statewide coursework requirements. The local educational agency shall consult with the pupil and the person holding the right to make educational decisions for the pupil regarding all of the following:
(A)The pupils option to remain in school for a fifth year to complete the statewide coursework requirements.
(B)How waiving the local educational requirements and remaining in school for a fifth year may affect the pupils postsecondary education or vocation plans, including the ability to gain admission to an institution of higher education.
(C)Whether any other options are available to the pupil, including, but not limited to, possible credit recovery, and any transfer opportunities available through the California Community Colleges.
(D)The pupils academic data and any other information relevant to making an informed decision on whether to accept the exemption and option to remain in school for a fifth year to complete the statewide coursework requirements.
(2)This subdivision shall become inoperative on January 1, 2028.
(o)(1)If a pupil in foster care, a pupil who is a homeless child or youth, a former juvenile court school pupil, a pupil who is a child of a military family, or a pupil who is a migratory child is not eligible for an exemption pursuant to this section in the year in which the pupil transfers between schools, or for a newcomer pupil, is not eligible for an exemption pursuant to this section in the pupils third year of high school, because the local educational agency makes a finding that the pupil is reasonably able to complete the local educational agencys graduation requirements in time to graduate from high school by the end of the pupils fourth year of high school, a local educational agency nonetheless shall reevaluate eligibility and provide written notice to the pupil, the person holding the right to make educational decisions for the pupil, and the pupils social worker or probation officer, if applicable, whether the pupil qualifies for an exemption within the first 30 calendar days of the following academic year, based on the course completion status of the pupil at the time of reevaluation to determine if the pupil continues to be reasonably able to complete the local educational agencys graduation requirements in time to graduate from high school by the end of the pupils fourth year of high school.
(2)If it is determined within the first 30 calendar days of the following academic year, that given their course completion status at that time of the reevaluation conducted pursuant to paragraph (1) that the pupil is not reasonably able to complete the local educational agencys graduation requirements in time to graduate from high school by the end of the pupils fourth year of high school, the local educational agency shall provide the pupil with the option to receive an exemption from all coursework and other requirements adopted by the governing body of the local educational agency that are in addition to the statewide coursework requirements specified in Section 51225.3 or to stay in school for a fifth year to complete the local educational agencys graduation requirements upon agreement with the pupil, if the pupil is 18 years of age or older, or, if the pupil is under 18 years of age, upon agreement with the person holding the right to make educational decisions for the pupil and provide notification of the availability of these options pursuant to subdivisions (b) and (d).
(p)(1)This section shall apply to a pupil in foster care, a pupil who is a homeless child or youth, a former juvenile court school pupil, a pupil who is a child of a military family, a pupil who is a migratory child, or a newcomer pupil, who is enrolled in an adult education program, regardless of the pupils age.
(2)This section shall apply to a pupil who is enrolled in an adult education program who, while enrolled in high school, was a pupil in foster care, a pupil who is a homeless child or youth, a former juvenile court school pupil, a pupil who is a child of a military family, a pupil who is a migratory child, or a newcomer pupil.
(q)For a pupil who is an unaccompanied youth as defined in Section 11434a(6) of Title 42 of the United States Code, the person holding the right to make educational decisions for the pupil is the unaccompanied youth.
(r)If a local educational agency or adult school offers to exempt a pupil in foster care, a pupil who is a homeless child or youth, a former juvenile court school pupil, a pupil who is a child of a military family, a pupil who is a migratory child, or a newcomer pupil from all coursework and other requirements adopted by the governing body of the local educational agency that are in addition to the statewide coursework requirements specified in Section 51225.3, it is in the sole discretion of the person holding the right to make educational decisions for the pupil, or the pupil themselves if they are 18 years of age or older, an unaccompanied youth as defined in Section 11434a(6) of Title 42 of the United States Code, or an unaccompanied minor who holds their own education rights, whether to accept the exemption, based on the pupils best educational interests.
(s)Each local educational agency shall report to the department annually on the number of pupils who, for the prior school year, graduated with an exemption from the local educational agencys graduation requirements that are in addition to the statewide coursework requirements. This data shall be reported for pupils graduating in the fourth year and fifth year cohorts, and shall be disaggregated by cohort, pupil category, race, and disability status. The department shall make this data publicly available on an annual basis aligned with other reporting timelines for the California dashboard graduation data. For purposes of this subdivision, pupil category means the categories of pupils identified in subdivision (a).
(t)For purposes of this section, the following terms have the following meanings:
(1)Governing body means the governing board of a school district or the governing body of a charter school, as applicable.
(2)Local educational agency means a school district or charter school.
(3)Pupil in foster care has the same meaning as foster child, defined in subdivision (a) of Section 48853.5.
(4)School means a public school, including a charter school, that maintains any of grades 9 to 12, inclusive.
(5)Unaccompanied youth means an unaccompanied youth between 12 to 24 years of age, inclusive, who is experiencing homelessness, as defined in subsection (2) of Section 725 of the federal McKinney-Vento Homeless Assistance Act (42 U.S.C. Sec. 11434a(2)).
SEC. 3.Section 51225.2 of the Education Code is amended to read:51225.2.(a)For purposes of this section, the following definitions apply:
(1)Former juvenile court school pupil means a pupil who, upon completion of the pupils second year of high school, transfers to a school district or charter school, excluding a school district operated by the Division of Juvenile Justice of the Department of Corrections and Rehabilitation, from a juvenile court school.
(2)Local educational agency means a school district, county office of education, or charter school.
(3)Newcomer pupil has the same meaning as immigrant children and youth, as defined in Section 7011(5) of Title 20 of the United States Code.
(4)Partial coursework satisfactorily completed includes any portion of an individual course, even if the pupil did not complete the entire course.
(5)Pupil in foster care has the same meaning as foster child, as that term is defined in subdivision (a) of Section 48853.5.
(6)Pupil who is a child of a military family means a pupil who meets the definition of children of military families under Section 49701.
(7)Pupil who is a homeless child or youth means a pupil who meets the definition of homeless children and youths in Section 11434a(2) of Title 42 of the United States Code.
(8)Pupil who is a migratory child means a pupil who meets the definition of currently migratory child under subdivision (a) of Section 54441.
(b)(1)Notwithstanding any other law, a local educational agency shall issue, and the new local educational agency shall accept, full or partial credit for all full or partial coursework satisfactorily completed by a pupil in foster care, a pupil who is a homeless child or youth, a former juvenile court school pupil, a pupil who is a child of a military family, a pupil who is a migratory child, or a newcomer pupil, while attending a public school, a juvenile court school, a charter school, a school in a country other than the United States, or a nonpublic, nonsectarian school.
(2)The transferring local educational agency shall issue the full and partial credits on an official transcript for the pupil and shall ensure the transcript includes all of the following:
(A)All full and partial credits and grades earned based on any measure of full or partial coursework being satisfactorily completed, including a determination of the days of enrollment or seat time, or both, if applicable, at a school of that local educational agency or a prior local educational agency, or any other public school, juvenile court school, charter school, school in a country other than the United States, or nonpublic, nonsectarian school.
(B)The credits and grades for each school and local educational agency listed separately so it is clear where they were earned.
(C)A complete record of the pupils seat time, including both period attendance and days of enrollment.
(3)The new local educational agency shall transfer the credits and grades onto an official transcript of the new local educational agency for the pupil in the same manner as described in subparagraph (B) of paragraph (2) and pursuant to the requirements of subdivision (c).
(4)If the new school or new local educational agency has knowledge that the transcript from the transferring local educational agency may not include certain credits or grades for the pupil, it shall contact the prior local educational agency within two business days to request that the prior local educational agency issue full or partial credits pursuant to this paragraph. The prior local educational agency shall issue appropriate credits and provide all academic and other records to the new local educational agency within two business days of the request.
(5)For purposes of coursework completed by a pupil who is a child of a military family, public school includes schools operated by the United States Department of Defense.
(c)(1)The credits accepted pursuant to subdivision (b) shall be applied for enrollment purposes as specified in subdivision (d) to the same or equivalent course, if applicable, as the coursework completed in the prior public school, juvenile court school, charter school, school in a country other than the United States, or nonpublic, nonsectarian school.
(2)For purposes of the official transcript, the credits accepted pursuant to subdivision (b) shall be added to the credits earned from the same or equivalent course for purposes of calculating the total credits earned for the course but shall separately identify the school and local educational agency in which the credits were earned.
(d)A local educational agency shall not require a pupil in foster care, a pupil who is a homeless child or youth, a former juvenile court school pupil, a pupil who is a child of a military family, a pupil who is a migratory child, or a newcomer pupil to retake a course if the pupil has satisfactorily completed the entire course in a public school, a juvenile court school, a charter school, a school in a country other than the United States, or a nonpublic, nonsectarian school. If the pupil did not complete the entire course, the local educational agency shall not require the pupil to retake the portion of the course the pupil completed unless the local educational agency, in consultation with the holder of educational rights for the pupil, finds that the pupil is reasonably able to complete the requirements in time to graduate from high school. When partial credit is awarded in a particular course, the pupil in foster care, the pupil who is a homeless child or youth, the former juvenile court school pupil, the pupil who is a child of a military family, the pupil who is a migratory child, or the newcomer pupil shall be enrolled in the same or equivalent course, if applicable, so that the pupil may continue and complete the entire course.
(e)A pupil in foster care, a pupil who is a homeless child or youth, a former juvenile court school pupil, a pupil who is a child of a military family, a pupil who is a migratory child, or a newcomer pupil shall not be prevented from retaking or taking a course to meet the eligibility requirements for admission to the California State University or the University of California.
(f)(1)A complaint of noncompliance with the requirements of this section may be filed with the local educational agency under the Uniform Complaint Procedures set forth in Chapter 5.1 (commencing with Section 4600) of Division 1 of Title 5 of the California Code of Regulations.
(2)A complainant not satisfied with the decision of a local educational agency may appeal the decision to the department pursuant to Chapter 5.1 (commencing with Section 4600) of Division 1 of Title 5 of the California Code of Regulations and shall receive a written decision regarding the appeal within 60 days of the departments receipt of the appeal.
(3)If a local educational agency finds merit in a complaint, or if the Superintendent finds merit in an appeal, the local educational agency shall provide a remedy to the affected pupil.
(4)Information regarding the requirements of this section shall be included in the annual notification distributed to, among others, pupils, parents or guardians of pupils, employees, and other interested parties pursuant to Section 4622 of Title 5 of the California Code of Regulations.
SEC. 4.Article 3.5 (commencing with Section 54450) is added to Chapter 4 of Part 29 of Division 4 of Title 2 of the Education Code, to read:3.5.Newcomer Pupils54450.(a)For purposes of this section, newcomer pupil has the same meaning as immigrant children and youth, as defined in Section 7011(5) of Title 20 of the United States Code.
(b)The department shall conduct all of the following activities in support of the education of newcomer pupils:
(1)In consultation with the State Department of Social Services, develop Develop and issue guidance regarding requirements and best practices for newcomer pupils under current law, and available state and federally funded programs and resources that are supportive of these pupils success in school. This guidance shall include, but not be limited, to all of the following:
(A)The requirements of Sections 51225.1, 51225.2, and 60811.8 for newcomer pupils.
(B)The requirement to provide English language development instruction for those newcomer pupils classified as English learners, and best practices for English language development instruction for newcomer pupils.
(C)Local discretion in grade placement of newcomer pupils.
(D)Local discretion to enroll pupils for more than four years of high school instruction.
(E)Information about how the use of coursework completed in languages other than English in other countries may fulfill the world language course requirement for graduation pursuant to Section 51225.3 and the admissions requirements of the University of California and the California State University.
(F)Resources for the evaluation of foreign transcripts.
(G)Resources for support of newcomer pupils with disabilities.
(H)Information about the California Newcomer Education and Well-Being Program (CalNEW) program authorized by Section 13265 of the Welfare and Institutions Code.
(I)Information about programs authorized under the California Community Schools Partnership Act (Chapter 6 (commencing with Section 8900) of Part 6 of Division 1 of Title 1).
(2)(A)Publicly report on an annual basis on its internet website on the enrollment of newcomer pupils, using data currently collected pursuant to federal law, including statewide and local educational agency and charter school enrollment, disaggregated by enrollment in kindergarten and grades 1 to 8, inclusive, enrollment in grades 9 to 12, inclusive, English learner classification, and eligibility for free or reduced-price meals. home language.
(B)Publicly report on an annual basis on its internet website on the statewide performance of newcomer pupils on the California Assessment of Student Performance and Progress (CASSPP) assessments and the statewide assessment of English proficiency, and rates of graduation, chronic absenteeism, suspension, and college and career readiness.(3)Maintain at least one position dedicated to supporting local educational agencies, including charter schools, in serving newcomer pupils. This may include, but shall not be limited to, collaborating with, and providing data to, the State Department of Social Services for purposes of administering the California Newcomer Education and Well-Being Program, pursuant to Section 13265 of the Welfare and Institutions Code.(c)Implementation of this section is contingent upon an appropriation in the annual Budget Act or another statute for this purpose.SEC. 5.Section 60811.8 of the Education Code is amended to read:60811.8.(a)Commencing in the 201920 school year, a middle school or high school pupil who is classified as an English learner, except as specified in subdivision (d), shall not be denied participation in the standard instructional program of a school by being denied any of the following:
(1)Enrollment in courses that are part of the standard instructional program of the school that the pupil attends. For purposes of this section, standard instructional program means, at a minimum, core curriculum courses, as defined in clause (i) of subparagraph (B) of paragraph (6) of subdivision (b) of Section 33126, courses required to meet state and local graduation requirements, and courses required for middle school grade promotion.
(2)Enrollment in a full course load of courses that are part of the standard instructional program.
(3)Enrollment in courses that are not part of a schools standard instructional program that either meet the subject matter requirements for purposes of recognition for college admission pursuant to Section 66205.5 or are advanced courses, such as honors or advanced placement courses, on the sole basis of a pupils classification as an English learner.
(b)Nothing in this section shall be construed to require a school to create supplemental courses in languages other than English.
(c)For purposes of this section, pupil includes a pupil attending a school operated by a school district or a county office of education, a charter school, or the state special schools for the blind and the deaf.
(d)(1)Provided that, pursuant to federal law, the pupils course of study is designed to remedy any academic deficits incurred during participation and that the pupils course of study is reasonably calculated to enable that pupil to attain parity of participation in the standard instructional program within a reasonable length of time after the pupil enters the school system, the following pupils may be denied access to enrollment in a course described in paragraph (1) of subdivision (a):
(A)A middle school or high school pupil who is classified as an English learner and who is a newcomer pupil, as defined in Section 7011(5) of Title 20 of the United States Code.
(B)A middle school or high school pupil who is classified as an English learner and who is participating in a program designed to meet the academic and transitional needs of newcomer pupils that has as a primary objective the development of English language proficiency.
(2)This section shall not be construed to prohibit, restrict, or discourage the enrollment of a pupil described in paragraph (1) in courses described in paragraph (1) of subdivision (a).
SEC. 6.If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.
At the next regularly scheduled revision of the curriculum framework in English Language Arts and English Language Development, the commission shall consider including content designed to provide teachers with resources to meet the unique academic and English language development needs of newcomer pupils at all grade levels, and shall ensure that the instructional materials for pupils in kindergarten or any of grades 1 to 8, inclusive, that it recommends to the state board for adoption include resources for teachers to help them meet these needs.
SEC. 2.Section 51225.1 of the Education Code is amended to read:51225.1.(a)Notwithstanding any other law, a local educational agency, as defined in subdivision (t), shall exempt a pupil in foster care, as defined in subdivision (t), a pupil who is a homeless child or youth, as defined in Section 11434a(2) of Title 42 of the United States Code, a former juvenile court school pupil, as defined in Section 51225.2, a pupil who is a child of a military family, as defined in Section 49701, or a pupil who is a migratory child, as defined in subdivision (a) of Section 54441, who transfers between schools any time after the completion of the pupils second year of high school, or a newcomer pupil, as defined in Section 51225.2, and who is in their third or fourth year of high school, from all coursework and other requirements adopted by the governing body that are in addition to the statewide coursework requirements specified in Section 51225.3, unless the local educational agency makes a finding that the pupil is reasonably able to complete the local educational agencys graduation requirements in time to graduate from high school by the end of the pupils fourth year of high school.
(b)If the local educational agency determines that the pupil in foster care, the pupil who is a homeless child or youth, the former juvenile court school pupil, the pupil who is a child of a military family, the pupil who is a migratory child, or the newcomer pupil is reasonably able to complete the local educational agencys graduation requirements within the pupils fifth year of high school, the local educational agency shall do all of the following:
(1)Consult with the pupil and the person holding the right to make educational decisions for the pupil regarding the pupils option to remain in school for a fifth year to complete the local educational agencys graduation requirements.
(2)Consult with the pupil, and the person holding the right to make educational decisions for the pupil, about how remaining in school for a fifth year to complete the local educational agencys graduation requirements will affect the pupils ability to gain admission to a postsecondary educational institution.
(3)Consult with and provide information to the pupil about transfer opportunities available through the California Community Colleges.
(4)Permit the pupil to stay in school for a fifth year to complete the local educational agencys graduation requirements upon agreement with the pupil, if the pupil is 18 years of age or older, or, if the pupil is under 18 years of age, upon agreement with the person holding the right to make educational decisions for the pupil.
(5)For a pupil in foster care or a pupil who is a homeless child or youth, consult with the pupil, and the person holding the right to make educational decisions for the pupil, regarding the pupils option to remain in the pupils school of origin, pursuant to Section 48852.7 for a pupil who is a homeless child or youth, or Section 48853.5 for a pupil in foster care.
(c)To determine whether a pupil in foster care, a pupil who is a homeless child or youth, a former juvenile court school pupil, a pupil who is a child of a military family, or a pupil who is a migratory child is in the third or fourth year of high school, the number of credits the pupil has earned to the date of transfer, the length of the pupils school enrollment, or, for pupils with significant gaps in school attendance, the pupils age as compared to the average age of pupils in the third or fourth year of high school, may be used, whichever will qualify the pupil for the exemption. In the case of a newcomer pupil, enrollment in grade 11 or 12, based on the average age of pupils in the third or fourth year of high school, may be used to determine whether the pupil is in the pupils third or fourth year of high school.
(d)(1)(A)Within 30 calendar days of the date that a pupil in foster care who may qualify for the exemption from local graduation requirements pursuant to this section transfers into a school, the local educational agency shall notify the pupil, the person holding the right to make educational decisions for the pupil, and the pupils social worker or probation officer of the availability of the exemption and whether the pupil qualifies for an exemption.
(B)If the local educational agency fails to provide timely notice pursuant to subparagraph (A), the pupil described in subparagraph (A) shall be eligible for the exemption from local graduation requirements pursuant to this section once notified, even if that notification occurs after the termination of the courts jurisdiction over the pupil, if the pupil otherwise qualifies for the exemption pursuant to this section.
(2)(A)Within 30 calendar days of the date that a pupil who is a homeless child or youth who may qualify for the exemption from local graduation requirements pursuant to this section transfers into a school, the local educational agency shall notify the pupil, the person holding the right to make educational decisions for the pupil, and the local educational agency liaison for homeless children and youth designated pursuant to Section 11432(g)(1)(J)(ii) of Title 42 of the United States Code, of the availability of the exemption and whether the pupil qualifies for an exemption.
(B)If the local educational agency fails to provide timely notice pursuant to subparagraph (A), the pupil described in subparagraph (A) shall be eligible for the exemption from local graduation requirements pursuant to this section once notified, even if that notification occurs after the pupil is no longer a homeless child or youth, if the pupil otherwise qualifies for the exemption pursuant to this section.
(3)(A)Within 30 calendar days of the date that a former juvenile court school pupil who may qualify for the exemption from local graduation requirements pursuant to this section transfers into a school, the local educational agency shall notify the pupil, the person holding the right to make educational decisions for the pupil, and the pupils social worker or probation officer of the availability of the exemption and whether the pupil qualifies for an exemption.
(B)If the local educational agency fails to provide timely notice pursuant to subparagraph (A), the pupil described in subparagraph (A) shall be eligible for the exemption from local graduation requirements pursuant to this section once notified, even if that notification occurs after termination of the courts jurisdiction over the pupil, if the pupil otherwise qualifies for the exemption pursuant to this section.
(4)(A)Within 30 calendar days of the date that a pupil who is a child of a military family who may qualify for the exemption from local graduation requirements pursuant to this section transfers into a school, the local educational agency shall notify the pupil and the pupils parent or guardian of the availability of the exemption and whether the pupil qualifies for an exemption.
(B)If the local educational agency fails to provide timely notice pursuant to subparagraph (A), the pupil described in subparagraph (A) shall be eligible for the exemption from local graduation requirements pursuant to this section once notified, even if that notification occurs after the pupil no longer meets the definition of children of military families under Section 49701, if the pupil otherwise qualifies for the exemption pursuant to this section.
(5)(A)Within 30 calendar days of the date that a pupil who is a migratory child who may qualify for the exemption from local graduation requirements pursuant to this section transfers into a school, the local educational agency shall notify the pupil and the pupils parent or guardian of the availability of the exemption and whether the pupil qualifies for an exemption.
(B)If the local educational agency fails to provide timely notice pursuant to subparagraph (A), the pupil described in subparagraph (A) shall be eligible for the exemption from local graduation requirements pursuant to this section once notified, even if that notification occurs after the pupil no longer meets the definition of migratory child if the pupil otherwise qualifies for the exemption pursuant to this section.
(6)(A)Within 30 calendar days of the date that a newcomer pupil who may qualify for the exemption from local graduation requirements pursuant to this section transfers into a school, the local educational agency shall notify the pupil and the pupils parent or guardian of the availability of the exemption and whether the pupil qualifies for an exemption.
(B)If the local educational agency fails to provide timely notice pursuant to subparagraph (A), the pupil described in subparagraph (A) shall be eligible for the exemption from local graduation requirements pursuant to this section once notified, even if that notification occurs after the pupil no longer meets the definition of a newcomer pupil if the pupil otherwise qualifies for the exemption pursuant to this section.
(e)If a pupil in foster care, a pupil who is a homeless child or youth, a former juvenile court school pupil, a pupil who is a child of a military family, a pupil who is a migratory child, or a newcomer pupil is exempted from local graduation requirements pursuant to this section and completes the statewide coursework requirements specified in Section 51225.3 before the end of the pupils fourth year of high school and that pupil would otherwise be entitled to remain in attendance at the school, a school, including a charter school, or school district shall not require or request that the pupil graduate before the end of the pupils fourth year of high school.
(f)If a pupil in foster care, a pupil who is a homeless child or youth, a former juvenile court school pupil, a pupil who is a child of a military family, a pupil who is a migratory child, or a newcomer pupil is exempted from local graduation requirements pursuant to this section, in addition to providing notification of the exemption pursuant to subdivision (d), the local educational agency shall consult with the pupil and the person holding the right to make educational decisions for the pupil. The consultation shall include all of the following:
(1)Discussion regarding how any of the requirements that are waived may affect the pupils postsecondary education or vocation plans, including the ability to gain admission to a postsecondary educational institution.
(2)Discussion and information about other options available to the pupil, including, but not limited to, a fifth year of high school, possible credit recovery, and any transfer opportunities available through the California Community Colleges.
(3)Consideration of the pupils academic data and any other information relevant to making an informed decision on whether to accept the exemption.
(g)A pupil in foster care, a pupil who is a homeless child or youth, a former juvenile court school pupil, a pupil who is a child of a military family, a pupil who is a migratory child, or a newcomer pupil who is eligible for the exemption from local graduation requirements pursuant to this section and would otherwise be entitled to remain in attendance at the school shall not be required to accept the exemption or be denied enrollment in, or the ability to complete, courses for which the pupil is otherwise eligible, including courses necessary to attend an institution of higher education, regardless of whether those courses are required for statewide graduation requirements.
(h)(1)If a pupil in foster care, a pupil who is a homeless child or youth, a former juvenile court school pupil, a pupil who is a child of a military family, a pupil who is a migratory child, or a newcomer pupil is not exempted from local graduation requirements or has previously declined the exemption pursuant to this section, a local educational agency shall exempt the pupil within 30 days of the date of the exemption request, if an exemption is requested by the pupil or the person holding the right to make educational decisions for the pupil and the pupil qualifies for the exemption.
(2)If a pupil in foster care, a pupil who is a homeless child or youth, a former juvenile court school pupil, a pupil who is a child of a military family, a pupil who is a migratory child, or a newcomer pupil who was eligible for an exemption pursuant to this section, was not properly notified of the availability of the exemption pursuant to subdivision (d), or declined the exemption, a local educational agency nonetheless shall exempt the pupil within 30 days of the date of the exemption request, if an exemption is requested by the pupil or the person holding the right to make educational decisions for the pupil, and the pupil at one time qualified for the exemption, even if the pupil is no longer homeless, a child of a military family, a pupil who is a migratory child, a newcomer pupil, or the courts jurisdiction over the pupil has terminated.
(i)If a pupil in foster care, a pupil who is a homeless child or youth, a former juvenile court school pupil, a pupil who is a child of a military family, a pupil who is a migratory child, or a newcomer pupil is exempted from local graduation requirements pursuant to this section, a local educational agency shall not revoke the exemption.
(j)(1)If a pupil in foster care is exempted from local graduation requirements pursuant to this section, the exemption shall continue to apply after the termination of the courts jurisdiction over the pupil while the pupil is enrolled in school or if the pupil transfers to another school, including a charter school, or school district.
(2)If a pupil who is a homeless child or youth is exempted from local graduation requirements pursuant to this section, the exemption shall continue to apply after the pupil is no longer a homeless child or youth while the pupil is enrolled in school or if the pupil transfers to another school, including a charter school, or school district.
(3)If a former juvenile court school pupil is exempted from local graduation requirements pursuant to this section, the exemption shall continue to apply after the termination of the courts jurisdiction over the pupil while the pupil is enrolled in school or if the pupil transfers to another school, including a charter school, or school district.
(4)If a pupil who is a child of a military family is exempted from local graduation requirements pursuant to this section, the exemption shall continue to apply after the pupil no longer meets the definition of children of military families under Section 49701 while the pupil is enrolled in school or if the pupil transfers to another school, including a charter school, or school district.
(5)If a pupil who is a migratory child is exempted from local graduation requirements pursuant to this section, the exemption shall continue to apply after the pupil no longer meets the definition of migratory child while the pupil is enrolled in school or if the pupil transfers to another school, including a charter school, or school district.
(6)If a newcomer pupil is exempted from local graduation requirements pursuant to this section, the exemption shall continue to apply after the pupil no longer meets the definition of a newcomer pupil while the pupil is enrolled in school or if the pupil transfers to another school, including a charter school, or school district.
(k)A local educational agency shall not require or request a pupil in foster care, a pupil who is a homeless child or youth, a former juvenile court school pupil, a pupil who is a child of a military family, or a pupil who is a migratory child to transfer schools in order to qualify the pupil for an exemption pursuant to this section.
(l)(1)A pupil in foster care, the person holding the right to make educational decisions for the pupil, the pupils social worker, or the pupils probation officer shall not request a transfer solely to qualify the pupil for an exemption pursuant to this section.
(2)A pupil who is a homeless child or youth, the person holding the right to make educational decisions for the pupil, or the local educational agency liaison for homeless children and youth designated pursuant to Section 11432(g)(1)(J)(ii) of Title 42 of the United States Code, shall not request a transfer solely to qualify the pupil for an exemption pursuant to this section.
(3)A former juvenile court school pupil, the person holding the right to make educational decisions for the pupil, the pupils social worker, or the pupils probation officer shall not request a transfer solely to qualify the pupil for an exemption pursuant to this section.
(4)A pupil who is a child of a military family, or the pupils parent or guardian, shall not request a transfer solely to qualify the pupil for an exemption pursuant to this section.
(5)A pupil who is a migratory child, or the pupils parent or guardian, shall not request a transfer solely to qualify the pupil for an exemption pursuant to this section.
(m)(1)A complaint of noncompliance with the requirements of this section may be filed with the local educational agency under the Uniform Complaint Procedures set forth in Chapter 5.1 (commencing with Section 4600) of Division 1 of Title 5 of the California Code of Regulations.
(2)A complainant not satisfied with the decision of a local educational agency may appeal the decision to the department pursuant to Chapter 5.1 (commencing with Section 4600) of Division 1 of Title 5 of the California Code of Regulations and shall receive a written decision regarding the appeal within 60 days of the departments receipt of the appeal.
(3)If a local educational agency finds merit in a complaint, or the Superintendent finds merit in an appeal, the local educational agency shall provide a remedy to the affected pupil.
(4)Information regarding the requirements of this section shall be included in the annual notification distributed to, among others, pupils, parents or guardians of pupils, employees, and other interested parties pursuant to Section 4622 of Title 5 of the California Code of Regulations.
(n)(1)If a local educational agency determines that a pupil in foster care, a pupil who is a homeless child or youth, a former juvenile court school pupil, a pupil who is a child of a military family, or a pupil who is a migratory child and who transfers between schools any time after the completion of the pupils second year of high school, or a newcomer pupil who is in their third or fourth year of high school, is not reasonably able to complete the local educational agencys graduation requirements within the pupils fifth year of high school, but is reasonably able to complete the statewide coursework requirements specified in Section 51225.3 within the pupils fifth year of high school, the local educational agency shall exempt a pupil from the local educational agencys graduation requirements and provide the pupil the option to remain in school for a fifth year to complete the statewide coursework requirements. The local educational agency shall consult with the pupil and the person holding the right to make educational decisions for the pupil regarding all of the following:
(A)The pupils option to remain in school for a fifth year to complete the statewide coursework requirements.
(B)How waiving the local educational requirements and remaining in school for a fifth year may affect the pupils postsecondary education or vocation plans, including the ability to gain admission to an institution of higher education.
(C)Whether any other options are available to the pupil, including, but not limited to, possible credit recovery, and any transfer opportunities available through the California Community Colleges.
(D)The pupils academic data and any other information relevant to making an informed decision on whether to accept the exemption and option to remain in school for a fifth year to complete the statewide coursework requirements.
(2)This subdivision shall become inoperative on January 1, 2028.
(o)(1)If a pupil in foster care, a pupil who is a homeless child or youth, a former juvenile court school pupil, a pupil who is a child of a military family, or a pupil who is a migratory child is not eligible for an exemption pursuant to this section in the year in which the pupil transfers between schools, or for a newcomer pupil, is not eligible for an exemption pursuant to this section in the pupils third year of high school, because the local educational agency makes a finding that the pupil is reasonably able to complete the local educational agencys graduation requirements in time to graduate from high school by the end of the pupils fourth year of high school, a local educational agency nonetheless shall reevaluate eligibility and provide written notice to the pupil, the person holding the right to make educational decisions for the pupil, and the pupils social worker or probation officer, if applicable, whether the pupil qualifies for an exemption within the first 30 calendar days of the following academic year, based on the course completion status of the pupil at the time of reevaluation to determine if the pupil continues to be reasonably able to complete the local educational agencys graduation requirements in time to graduate from high school by the end of the pupils fourth year of high school.
(2)If it is determined within the first 30 calendar days of the following academic year, that given their course completion status at that time the reevaluation conducted pursuant to paragraph (1) that the pupil is not reasonably able to complete the local educational agencys graduation requirements in time to graduate from high school by the end of the pupils fourth year of high school, the local educational agency shall provide the pupil with the option to receive an exemption from all coursework and other requirements adopted by the governing body of the local educational agency that are in addition to the statewide coursework requirements specified in Section 51225.3 or to stay in school for a fifth year to complete the local educational agencys graduation requirements upon agreement with the pupil, if the pupil is 18 years of age or older, or, if the pupil is under 18 years of age, upon agreement with the person holding the right to make educational decisions for the pupil and provide notification of the availability of these options pursuant to subdivisions (b) and (d).
(p)(1)This section shall apply to a pupil in foster care, a pupil who is a homeless child or youth, a former juvenile court school pupil, a pupil who is a child of a military family, a pupil who is a migratory child, or a newcomer pupil, who is enrolled in an adult education program, regardless of the pupils age.
(2)This section shall apply to a pupil who is enrolled in an adult education program who, while enrolled in high school, was a pupil in foster care, a pupil who is a homeless child or youth, a former juvenile court school pupil, a pupil who is a child of a military family, a pupil who is a migratory child, or a newcomer pupil.
(q)For a pupil who is an unaccompanied youth as defined in Section 11434a(6) of Title 42 of the United States Code, the person holding the right to make educational decisions for the pupil is the unaccompanied youth.
(r)If a local educational agency or adult school offers to exempt a pupil in foster care, a pupil who is a homeless child or youth, a former juvenile court school pupil, a pupil who is a child of a military family, a pupil who is a migratory child, or a newcomer pupil from all coursework and other requirements adopted by the governing body of the local educational agency that are in addition to the statewide coursework requirements specified in Section 51225.3, it is in the sole discretion of the person holding the right to make educational decisions for the pupil, or the pupil themselves if they are 18 years of age or older, an unaccompanied youth as defined in Section 11434a(6) of Title 42 of the United States Code, or an unaccompanied minor who holds their own education rights, whether to accept the exemption, based on the pupils best educational interests.
(s)Each local educational agency shall report to the department annually on the number of pupils who, for the prior school year, graduated with an exemption from the local educational agencys graduation requirements that are in addition to the statewide coursework requirements. This data shall be reported for pupils graduating in the fourth year and fifth year cohorts, and shall be disaggregated by cohort, pupil category, race, and disability status. The department shall make this data publicly available on an annual basis aligned with other reporting timelines for the California dashboard graduation data. For purposes of this subdivision, pupil category means the categories of pupils identified in subdivision (a).
(t)For purposes of this section, the following terms have the following meanings:
(1)Governing body means the governing board of a school district or the governing body of a charter school, as applicable.
(2)Local educational agency means a school district or charter school.
(3)Pupil in foster care has the same meaning as foster child, defined in subdivision (a) of Section 48853.5.
(4)School means a public school, including a charter school, that maintains any of grades 9 to 12, inclusive.
(5)Unaccompanied youth means an unaccompanied youth between 12 to 24 years of age, inclusive, who is experiencing homelessness, as defined in subsection (2) of Section 725 of the federal McKinney-Vento Homeless Assistance Act (42 U.S.C. Sec. 11434a(2)).
SEC. 3.Section 51225.2 of the Education Code is amended to read:51225.2.(a)For purposes of this section, the following definitions apply:
(1)Former juvenile court school pupil means a pupil who, upon completion of the pupils second year of high school, transfers to a school district or charter school, excluding a school district operated by the Division of Juvenile Justice of the Department of Corrections and Rehabilitation, from a juvenile court school.
(2)Local educational agency means a school district, county office of education, or charter school.
(3)Newcomer pupil has the same meaning as immigrant children and youth, as defined in Section 7011(5) of Title 20 of the United States Code.
(4)Partial coursework satisfactorily completed includes any portion of an individual course, even if the pupil did not complete the entire course.
(5)Pupil in foster care has the same meaning as foster child, as that term is defined in subdivision (a) of Section 48853.5.
(6)Pupil who is a child of a military family means a pupil who meets the definition of children of military families under Section 49701.
(7)Pupil who is a homeless child or youth means a pupil who meets the definition of homeless children and youths in Section 11434a(2) of Title 42 of the United States Code.
(8)Pupil who is a migratory child means a pupil who meets the definition of currently migratory child under subdivision (a) of Section 54441.
(b)(1)Notwithstanding any other law, a local educational agency shall issue, and the new local educational agency shall accept, full or partial credit for all full or partial coursework satisfactorily completed by a pupil in foster care, a pupil who is a homeless child or youth, a former juvenile court school pupil, a pupil who is a child of a military family, a pupil who is a migratory child, or a newcomer pupil, while attending a public school, a juvenile court school, a charter school, a school in a country other than the United States, or a nonpublic, nonsectarian school.
(2)The transferring local educational agency shall issue the full and partial credits on an official transcript for the pupil and shall ensure the transcript includes all of the following:
(A)All full and partial credits and grades earned based on any measure of full or partial coursework being satisfactorily completed, including a determination of the days of enrollment or seat time, or both, if applicable, at a school of that local educational agency or a prior local educational agency, or any other public school, juvenile court school, charter school, school in a country other than the United States, or nonpublic, nonsectarian school.
(B)The credits and grades for each school and local educational agency listed separately so it is clear where they were earned.
(C)A complete record of the pupils seat time, including both period attendance and days of enrollment.
(3)The new local educational agency shall transfer the credits and grades onto an official transcript of the new local educational agency for the pupil in the same manner as described in subparagraph (B) of paragraph (2) and pursuant to the requirements of subdivision (c).
(4)If the new school or new local educational agency has knowledge that the transcript from the transferring local educational agency may not include certain credits or grades for the pupil, it shall contact the prior local educational agency within two business days to request that the prior local educational agency issue full or partial credits pursuant to this paragraph. The prior local educational agency shall issue appropriate credits and provide all academic and other records to the new local educational agency within two business days of the request.
(5)For purposes of coursework completed by a pupil who is a child of a military family, public school includes schools operated by the United States Department of Defense.
(c)(1)The credits accepted pursuant to subdivision (b) shall be applied for enrollment purposes as specified in subdivision (d) to the same or equivalent course, if applicable, as the coursework completed in the prior public school, juvenile court school, charter school, school in a country other than the United States, or nonpublic, nonsectarian school.
(2)For purposes of the official transcript, the credits accepted pursuant to subdivision (b) shall be added to the credits earned from the same or equivalent course for purposes of calculating the total credits earned for the course but shall separately identify the school and local educational agency in which the credits were earned.
(d)A local educational agency shall not require a pupil in foster care, a pupil who is a homeless child or youth, a former juvenile court school pupil, a pupil who is a child of a military family, a pupil who is a migratory child, or a newcomer pupil to retake a course if the pupil has satisfactorily completed the entire course in a public school, a juvenile court school, a charter school, a school in a country other than the United States, or a nonpublic, nonsectarian school. If the pupil did not complete the entire course, the local educational agency shall not require the pupil to retake the portion of the course the pupil completed unless the local educational agency, in consultation with the holder of educational rights for the pupil, finds that the pupil is reasonably able to complete the requirements in time to graduate from high school. When partial credit is awarded in a particular course, the pupil in foster care, the pupil who is a homeless child or youth, the former juvenile court school pupil, the pupil who is a child of a military family, the pupil who is a migratory child, or the newcomer pupil shall be enrolled in the same or equivalent course, if applicable, so that the pupil may continue and complete the entire course.
(e)A pupil in foster care, a pupil who is a homeless child or youth, a former juvenile court school pupil, a pupil who is a child of a military family, a pupil who is a migratory child, or a newcomer pupil shall not be prevented from retaking or taking a course to meet the eligibility requirements for admission to the California State University or the University of California.
(f)(1)A complaint of noncompliance with the requirements of this section may be filed with the local educational agency under the Uniform Complaint Procedures set forth in Chapter 5.1 (commencing with Section 4600) of Division 1 of Title 5 of the California Code of Regulations.
(2)A complainant not satisfied with the decision of a local educational agency may appeal the decision to the department pursuant to Chapter 5.1 (commencing with Section 4600) of Division 1 of Title 5 of the California Code of Regulations and shall receive a written decision regarding the appeal within 60 days of the departments receipt of the appeal.
(3)If a local educational agency finds merit in a complaint, or if the Superintendent finds merit in an appeal, the local educational agency shall provide a remedy to the affected pupil.
(4)Information regarding the requirements of this section shall be included in the annual notification distributed to, among others, pupils, parents or guardians of pupils, employees, and other interested parties pursuant to Section 4622 of Title 5 of the California Code of Regulations.
SEC. 4.Article 3.5 (commencing with Section 54450) is added to Chapter 4 of Part 29 of Division 4 of Title 2 of the Education Code, to read:3.5.Newcomer Pupils54450.(a)For purposes of this section, newcomer pupil has the same meaning as immigrant children and youth, as defined in Section 7011(5) of Title 20 of the United States Code.
(b)The department shall conduct all of the following activities in support of the education of newcomer pupils:
(1)In consultation with the State Department of Social Services, develop and issue guidance regarding requirements and best practices for newcomer pupils under current law, and available state and federally funded programs and resources that are supportive of these pupils success in school. This guidance shall include, but not be limited, to all of the following:
(A)The requirements of Sections 51225.1, 51225.2, and 60811.8 for newcomer pupils.
(B)The requirement to provide English language development instruction for those newcomer pupils classified as English learners, and best practices for English language development instruction for newcomer pupils.
(C)Local discretion in grade placement of newcomer pupils.
(D)Local discretion to enroll pupils for more than four years of high school instruction.
(E)Information about how the use of coursework completed in languages other than English in other countries may fulfill the world language course requirement for graduation pursuant to Section 51225.3 and the admissions requirements of the University of California and the California State University.
(F)Resources for the evaluation of foreign transcripts.
(G)Resources for support of newcomer pupils with disabilities.
(H)Information about the California Newcomer Education and Well-Being Program (CalNEW) program authorized by Section 13265 of the Welfare and Institutions Code.
(I)Information about programs authorized under the Community Schools Partnership Act (Chapter 6 (commencing with Section 8900) of Part 6 of Division 1 of Title 1).
(2)(A)Publicly report on an annual basis on its internet website on the enrollment and performance of newcomer pupils, using data currently collected pursuant to federal law, including statewide and local educational agency and charter school enrollment, disaggregated by grade, home language, enrollment in kindergarten and grades 1 to 8, inclusive, enrollment in grades 9 to 12, inclusive, English learner classification, and eligibility for free or reduced-price meals, scores on meals.
(B)Publicly report on an annual basis on its internet website on the statewide performance of newcomer pupils on the California Assessment of Student Performance and Progress (CASSPP) assessments and the statewide assessment of English proficiency, and rates of graduation, chronic absenteeism, suspension, and college and career readiness.
(3)Maintain at least one position dedicated to supporting local educational agencies, including charter schools, in serving newcomer pupils. This may include, but shall not be limited to, collaborating with, and providing data to, the State Department of Social Services for purposes of administering the California Newcomer Education and Well-Being Program, pursuant to Section 13265 of the Welfare and Institutions Code.
(c)Implementation of this section is contingent upon an appropriation in the annual Budget Act or another statute for this purpose.
SEC. 5.Section 60811.8 of the Education Code is amended to read:60811.8.(a)Commencing in the 201920 school year, a middle school or high school pupil who is classified as an English learner, except as specified in subdivision (d), shall not be denied participation in the standard instructional program of a school by being denied any of the following:
(1)Enrollment in courses that are part of the standard instructional program of the school that the pupil attends. For purposes of this section, standard instructional program means, at a minimum, core curriculum courses, as defined in clause (i) of subparagraph (B) of paragraph (6) of subdivision (b) of Section 33126, courses required to meet state and local graduation requirements, and courses required for middle school grade promotion.
(2)Enrollment in a full course load of courses that are part of the standard instructional program.
(3)Enrollment in courses that are not part of a schools standard instructional program that either meet the subject matter requirements for purposes of recognition for college admission pursuant to Section 66205.5 or are advanced courses, such as honors or advanced placement courses, on the sole basis of a pupils classification as an English learner.
(b)Nothing in this section shall be construed to require a school to create supplemental courses in languages other than English.
(c)For purposes of this section, pupil includes a pupil attending a school operated by a school district or a county office of education, a charter school, or the state special schools for the blind and the deaf.
(d)(1)Provided that, pursuant to federal law, the pupils course of study is designed to remedy any academic deficits incurred during participation and that the pupils course of study is reasonably calculated to enable that pupil to attain parity of participation in the standard instructional program within a reasonable length of time after the pupil enters the school system, the following pupils may be denied access to enrollment in a course described in paragraph (1) of subdivision (a):
(A)A middle school or high school pupil who is classified as an English learner and who is a newcomer pupil, as defined in Section 7011(5) of Title 20 of the United States Code.
(B)A middle school or high school pupil who is classified as an English learner and who is participating in a program designed to meet the academic and transitional needs of newcomer pupils that has as a primary objective the development of English language proficiency.
(2)This section shall not be construed to prohibit, restrict, or discourage the enrollment of a pupil described in paragraph (1) in courses described in paragraph (1) of subdivision (a).
SEC. 6.If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.
(a)At the next regularly scheduled revision of the curriculum framework in English Language Arts and English Language Development, the commission shall consider including content designed to provide teachers with resources to meet the unique academic and English language development needs of newcomer pupils at all grade levels, and shall ensure that the instructional materials for pupils in kindergarten or any of grades 1 to 8, inclusive, that it recommends to the state board for adoption include resources for teachers to help them meet these needs.
(b)Implementation of this section is contingent upon an appropriation in the annual Budget Act or another statute for this purpose. It is the intent of the Legislature that these activities be supported by federal Title III Elementary and Secondary Education Act (ESEA) funds.SEC. 2.Section 51225.1 of the Education Code is amended to read:51225.1.(a)Notwithstanding any other law, a local educational agency, as defined in subdivision (t), shall exempt a pupil in foster care, as defined in subdivision (t), a pupil who is a homeless child or youth, as defined in Section 11434a(2) of Title 42 of the United States Code, a former juvenile court school pupil, as defined in Section 51225.2, a pupil who is a child of a military family, as defined in Section 49701, or a pupil who is a migratory child, as defined in subdivision (a) of Section 54441, who transfers between schools any time after the completion of the pupils second year of high school, or a newcomer pupil, as defined in Section 51225.2, and who is in their third or fourth year of high school, from all coursework and other requirements adopted by the governing body that are in addition to the statewide coursework requirements specified in Section 51225.3, unless the local educational agency makes a finding that the pupil is reasonably able to complete the local educational agencys graduation requirements in time to graduate from high school by the end of the pupils fourth year of high school.
(b)If the local educational agency determines that the pupil in foster care, the pupil who is a homeless child or youth, the former juvenile court school pupil, the pupil who is a child of a military family, the pupil who is a migratory child, or the newcomer pupil is reasonably able to complete the local educational agencys graduation requirements within the pupils fifth year of high school, the local educational agency shall do all of the following:
(1)Consult with the pupil and the person holding the right to make educational decisions for the pupil regarding the pupils option to remain in school for a fifth year to complete the local educational agencys graduation requirements.
(2)Consult with the pupil, and the person holding the right to make educational decisions for the pupil, about how remaining in school for a fifth year to complete the local educational agencys graduation requirements will affect the pupils ability to gain admission to a postsecondary educational institution.
(3)Consult with and provide information to the pupil about transfer opportunities available through the California Community Colleges.
(4)Permit the pupil to stay in school for a fifth year to complete the local educational agencys graduation requirements upon agreement with the pupil, if the pupil is 18 years of age or older, or, if the pupil is under 18 years of age, upon agreement with the person holding the right to make educational decisions for the pupil.
(5)For a pupil in foster care or a pupil who is a homeless child or youth, consult with the pupil, and the person holding the right to make educational decisions for the pupil, regarding the pupils option to remain in the pupils school of origin, pursuant to Section 48852.7 for a pupil who is a homeless child or youth, or Section 48853.5 for a pupil in foster care.
(c)To determine whether a pupil in foster care, a pupil who is a homeless child or youth, a former juvenile court school pupil, a pupil who is a child of a military family, or a pupil who is a migratory child is in the third or fourth year of high school, the number of credits the pupil has earned to the date of transfer, the length of the pupils school enrollment, or, for pupils with significant gaps in school attendance, the pupils age as compared to the average age of pupils in the third or fourth year of high school, may be used, whichever will qualify the pupil for the exemption. In the case of a newcomer pupil, enrollment in grade 11 or 12, based on the average age of pupils in the third or fourth year of high school, may be used to determine whether the pupil is in the pupils third or fourth year of high school.
(d)(1)(A)Within 30 calendar days of the date that a pupil in foster care who may qualify for the exemption from local graduation requirements pursuant to this section transfers into a school, the local educational agency shall notify the pupil, the person holding the right to make educational decisions for the pupil, and the pupils social worker or probation officer of the availability of the exemption and whether the pupil qualifies for an exemption.
(B)If the local educational agency fails to provide timely notice pursuant to subparagraph (A), the pupil described in subparagraph (A) shall be eligible for the exemption from local graduation requirements pursuant to this section once notified, even if that notification occurs after the termination of the courts jurisdiction over the pupil, if the pupil otherwise qualifies for the exemption pursuant to this section.
(2)(A)Within 30 calendar days of the date that a pupil who is a homeless child or youth who may qualify for the exemption from local graduation requirements pursuant to this section transfers into a school, the local educational agency shall notify the pupil, the person holding the right to make educational decisions for the pupil, and the local educational agency liaison for homeless children and youth designated pursuant to Section 11432(g)(1)(J)(ii) of Title 42 of the United States Code, of the availability of the exemption and whether the pupil qualifies for an exemption.
(B)If the local educational agency fails to provide timely notice pursuant to subparagraph (A), the pupil described in subparagraph (A) shall be eligible for the exemption from local graduation requirements pursuant to this section once notified, even if that notification occurs after the pupil is no longer a homeless child or youth, if the pupil otherwise qualifies for the exemption pursuant to this section.
(3)(A)Within 30 calendar days of the date that a former juvenile court school pupil who may qualify for the exemption from local graduation requirements pursuant to this section transfers into a school, the local educational agency shall notify the pupil, the person holding the right to make educational decisions for the pupil, and the pupils social worker or probation officer of the availability of the exemption and whether the pupil qualifies for an exemption.
(B)If the local educational agency fails to provide timely notice pursuant to subparagraph (A), the pupil described in subparagraph (A) shall be eligible for the exemption from local graduation requirements pursuant to this section once notified, even if that notification occurs after termination of the courts jurisdiction over the pupil, if the pupil otherwise qualifies for the exemption pursuant to this section.
(4)(A)Within 30 calendar days of the date that a pupil who is a child of a military family who may qualify for the exemption from local graduation requirements pursuant to this section transfers into a school, the local educational agency shall notify the pupil and the pupils parent or guardian of the availability of the exemption and whether the pupil qualifies for an exemption.
(B)If the local educational agency fails to provide timely notice pursuant to subparagraph (A), the pupil described in subparagraph (A) shall be eligible for the exemption from local graduation requirements pursuant to this section once notified, even if that notification occurs after the pupil no longer meets the definition of children of military families under Section 49701, if the pupil otherwise qualifies for the exemption pursuant to this section.
(5)(A)Within 30 calendar days of the date that a pupil who is a migratory child who may qualify for the exemption from local graduation requirements pursuant to this section transfers into a school, the local educational agency shall notify the pupil and the pupils parent or guardian of the availability of the exemption and whether the pupil qualifies for an exemption.
(B)If the local educational agency fails to provide timely notice pursuant to subparagraph (A), the pupil described in subparagraph (A) shall be eligible for the exemption from local graduation requirements pursuant to this section once notified, even if that notification occurs after the pupil no longer meets the definition of migratory child if the pupil otherwise qualifies for the exemption pursuant to this section.
(6)(A)Within 30 calendar days of the date that a newcomer pupil who may qualify for the exemption from local graduation requirements pursuant to this section transfers into a school, the local educational agency shall notify the pupil and the pupils parent or guardian of the availability of the exemption and whether the pupil qualifies for an exemption.
(B)If the local educational agency fails to provide timely notice pursuant to subparagraph (A), the pupil described in subparagraph (A) shall be eligible for the exemption from local graduation requirements pursuant to this section once notified, even if that notification occurs after the pupil no longer meets the definition of a newcomer pupil if the pupil otherwise qualifies for the exemption pursuant to this section.
(e)If a pupil in foster care, a pupil who is a homeless child or youth, a former juvenile court school pupil, a pupil who is a child of a military family, a pupil who is a migratory child, or a newcomer pupil is exempted from local graduation requirements pursuant to this section and completes the statewide coursework requirements specified in Section 51225.3 before the end of the pupils fourth year of high school and that pupil would otherwise be entitled to remain in attendance at the school, a school, including a charter school, or school district shall not require or request that the pupil graduate before the end of the pupils fourth year of high school.
(f)If a pupil in foster care, a pupil who is a homeless child or youth, a former juvenile court school pupil, a pupil who is a child of a military family, a pupil who is a migratory child, or a newcomer pupil is exempted from local graduation requirements pursuant to this section, in addition to providing notification of the exemption pursuant to subdivision (d), the local educational agency shall consult with the pupil and the person holding the right to make educational decisions for the pupil. The consultation shall include all of the following:
(1)Discussion regarding how any of the requirements that are waived may affect the pupils postsecondary education or vocation plans, including the ability to gain admission to a postsecondary educational institution.
(2)Discussion and information about other options available to the pupil, including, but not limited to, a fifth year of high school, possible credit recovery, and any transfer opportunities available through the California Community Colleges.
(3)Consideration of the pupils academic data and any other information relevant to making an informed decision on whether to accept the exemption.
(g)A pupil in foster care, a pupil who is a homeless child or youth, a former juvenile court school pupil, a pupil who is a child of a military family, a pupil who is a migratory child, or a newcomer pupil who is eligible for the exemption from local graduation requirements pursuant to this section and would otherwise be entitled to remain in attendance at the school shall not be required to accept the exemption or be denied enrollment in, or the ability to complete, courses for which the pupil is otherwise eligible, including courses necessary to attend an institution of higher education, regardless of whether those courses are required for statewide graduation requirements.
(h)(1)If a pupil in foster care, a pupil who is a homeless child or youth, a former juvenile court school pupil, a pupil who is a child of a military family, a pupil who is a migratory child, or a newcomer pupil is not exempted from local graduation requirements or has previously declined the exemption pursuant to this section, a local educational agency shall exempt the pupil within 30 days of the date of the exemption request, if an exemption is requested by the pupil or the person holding the right to make educational decisions for the pupil and the pupil qualifies for the exemption.
(2)If a pupil in foster care, a pupil who is a homeless child or youth, a former juvenile court school pupil, a pupil who is a child of a military family, a pupil who is a migratory child, or a newcomer pupil who was eligible for an exemption pursuant to this section, was not properly notified of the availability of the exemption pursuant to subdivision (d), or declined the exemption, a local educational agency nonetheless shall exempt the pupil within 30 days of the date of the exemption request, if an exemption is requested by the pupil or the person holding the right to make educational decisions for the pupil, and the pupil at one time qualified for the exemption, even if the pupil is no longer homeless, a child of a military family, a pupil who is a migratory child, a newcomer pupil, or the courts jurisdiction over the pupil has terminated.
(i)If a pupil in foster care, a pupil who is a homeless child or youth, a former juvenile court school pupil, a pupil who is a child of a military family, a pupil who is a migratory child, or a newcomer pupil is exempted from local graduation requirements pursuant to this section, a local educational agency shall not revoke the exemption.
(j)(1)If a pupil in foster care is exempted from local graduation requirements pursuant to this section, the exemption shall continue to apply after the termination of the courts jurisdiction over the pupil while the pupil is enrolled in school or if the pupil transfers to another school, including a charter school, or school district.
(2)If a pupil who is a homeless child or youth is exempted from local graduation requirements pursuant to this section, the exemption shall continue to apply after the pupil is no longer a homeless child or youth while the pupil is enrolled in school or if the pupil transfers to another school, including a charter school, or school district.
(3)If a former juvenile court school pupil is exempted from local graduation requirements pursuant to this section, the exemption shall continue to apply after the termination of the courts jurisdiction over the pupil while the pupil is enrolled in school or if the pupil transfers to another school, including a charter school, or school district.
(4)If a pupil who is a child of a military family is exempted from local graduation requirements pursuant to this section, the exemption shall continue to apply after the pupil no longer meets the definition of children of military families under Section 49701 while the pupil is enrolled in school or if the pupil transfers to another school, including a charter school, or school district.
(5)If a pupil who is a migratory child is exempted from local graduation requirements pursuant to this section, the exemption shall continue to apply after the pupil no longer meets the definition of migratory child while the pupil is enrolled in school or if the pupil transfers to another school, including a charter school, or school district.
(6)If a newcomer pupil is exempted from local graduation requirements pursuant to this section, the exemption shall continue to apply after the pupil no longer meets the definition of a newcomer pupil while the pupil is enrolled in school or if the pupil transfers to another school, including a charter school, or school district.
(k)A local educational agency shall not require or request a pupil in foster care, a pupil who is a homeless child or youth, a former juvenile court school pupil, a pupil who is a child of a military family, or a pupil who is a migratory child to transfer schools in order to qualify the pupil for an exemption pursuant to this section.
(l)(1)A pupil in foster care, the person holding the right to make educational decisions for the pupil, the pupils social worker, or the pupils probation officer shall not request a transfer solely to qualify the pupil for an exemption pursuant to this section.
(2)A pupil who is a homeless child or youth, the person holding the right to make educational decisions for the pupil, or the local educational agency liaison for homeless children and youth designated pursuant to Section 11432(g)(1)(J)(ii) of Title 42 of the United States Code, shall not request a transfer solely to qualify the pupil for an exemption pursuant to this section.
(3)A former juvenile court school pupil, the person holding the right to make educational decisions for the pupil, the pupils social worker, or the pupils probation officer shall not request a transfer solely to qualify the pupil for an exemption pursuant to this section.
(4)A pupil who is a child of a military family, or the pupils parent or guardian, shall not request a transfer solely to qualify the pupil for an exemption pursuant to this section.
(5)A pupil who is a migratory child, or the pupils parent or guardian, shall not request a transfer solely to qualify the pupil for an exemption pursuant to this section.
(m)(1)A complaint of noncompliance with the requirements of this section may be filed with the local educational agency under the Uniform Complaint Procedures set forth in Chapter 5.1 (commencing with Section 4600) of Division 1 of Title 5 of the California Code of Regulations.
(2)A complainant not satisfied with the decision of a local educational agency may appeal the decision to the department pursuant to Chapter 5.1 (commencing with Section 4600) of Division 1 of Title 5 of the California Code of Regulations and shall receive a written decision regarding the appeal within 60 days of the departments receipt of the appeal.
(3)If a local educational agency finds merit in a complaint, or the Superintendent finds merit in an appeal, the local educational agency shall provide a remedy to the affected pupil.
(4)Information regarding the requirements of this section shall be included in the annual notification distributed to, among others, pupils, parents or guardians of pupils, employees, and other interested parties pursuant to Section 4622 of Title 5 of the California Code of Regulations.
(n)(1)If a local educational agency determines that a pupil in foster care, a pupil who is a homeless child or youth, a former juvenile court school pupil, a pupil who is a child of a military family, or a pupil who is a migratory child and who transfers between schools any time after the completion of the pupils second year of high school, or a newcomer pupil who is in their third or fourth year of high school, is not reasonably able to complete the local educational agencys graduation requirements within the pupils fifth year of high school, but is reasonably able to complete the statewide coursework requirements specified in Section 51225.3 within the pupils fifth year of high school, the local educational agency shall exempt a pupil from the local educational agencys graduation requirements and provide the pupil the option to remain in school for a fifth year to complete the statewide coursework requirements. The local educational agency shall consult with the pupil and the person holding the right to make educational decisions for the pupil regarding all of the following:
(A)The pupils option to remain in school for a fifth year to complete the statewide coursework requirements.
(B)How waiving the local educational requirements and remaining in school for a fifth year may affect the pupils postsecondary education or vocation plans, including the ability to gain admission to a an institution of higher education.
(C)Whether any other options are available to the pupil, including, but not limited to, possible credit recovery, and any transfer opportunities available through the California Community Colleges.
(D)The pupils academic data and any other information relevant to making an informed decision on whether to accept the exemption and option to remain in school for a fifth year to complete the statewide coursework requirements.
(2)This subdivision shall become inoperative on January 1, 2028.
(o)(1)If a pupil in foster care, a pupil who is a homeless child or youth, a former juvenile court school pupil, a pupil who is a child of a military family, or a pupil who is a migratory child is not eligible for an exemption pursuant to this section in the year in which the pupil transfers between schools, or for a newcomer pupil, is not eligible for an exemption pursuant to this section in the pupils third year of high school, because the local educational agency makes a finding that the pupil is reasonably able to complete the local educational agencys graduation requirements in time to graduate from high school by the end of the pupils fourth year of high school, a local educational agency nonetheless shall reevaluate eligibility and provide written notice to the pupil, the person holding the right to make educational decisions for the pupil, and the pupils social worker or probation officer, if applicable, whether the pupil qualifies for an exemption within the first 30 calendar days of the following academic year, based on the course completion status of the pupil at the time of reevaluation to determine if the pupil continues to be reasonably able to complete the local educational agencys graduation requirements in time to graduate from high school by the end of the pupils fourth year of high school.
(2)If it is determined within the first 30 calendar days of the following academic year, that given their course completion status at that time the reevaluation conducted pursuant to paragraph (1) that the pupil is not reasonably able to complete the local educational agencys graduation requirements in time to graduate from high school by the end of the pupils fourth year of high school, the local educational agency shall provide the pupil with the option to receive an exemption from all coursework and other requirements adopted by the governing body of the local educational agency that are in addition to the statewide coursework requirements specified in Section 51225.3 or to stay in school for a fifth year to complete the local educational agencys graduation requirements upon agreement with the pupil, if the pupil is 18 years of age or older, or, if the pupil is under 18 years of age, upon agreement with the person holding the right to make educational decisions for the pupil and provide notification of the availability of these options pursuant to subdivisions (b) and (d).
(p)(1)This section shall apply to a pupil in foster care, a pupil who is a homeless child or youth, a former juvenile court school pupil, a pupil who is a child of a military family, a pupil who is a migratory child, or a newcomer pupil, who is enrolled in an adult education program, regardless of the pupils age.
(2)This section shall apply to a pupil who is enrolled in an adult education program who, while enrolled in high school, was a pupil in foster care, a pupil who is a homeless child or youth, a former juvenile court school pupil, a pupil who is a child of a military family, a pupil who is a migratory child, or a newcomer pupil.
(q)For a pupil who is an unaccompanied youth as defined in Section 11434a(6) of Title 42 of the United States Code, the person holding the right to make educational decisions for the pupil is the unaccompanied youth.
(r)If a local educational agency or adult school offers to exempt a pupil in foster care, a pupil who is a homeless child or youth, a former juvenile court school pupil, a pupil who is a child of a military family, a pupil who is a migratory child, or a newcomer pupil from all coursework and other requirements adopted by the governing body of the local educational agency that are in addition to the statewide coursework requirements specified in Section 51225.3, it is in the sole discretion of the person holding the right to make educational decisions for the pupil, or the pupil themselves if they are 18 years of age or older, an unaccompanied youth as defined in Section 11434a(6) of Title 42 of the United States Code, or an unaccompanied minor who holds their own education rights, whether to accept the exemption, based on the pupils best educational interests.
(s)Each local educational agency shall report to the department annually on the number of pupils who, for the prior school year, graduated with an exemption from the local educational agencys graduation requirements that are in addition to the statewide coursework requirements. This data shall be reported for pupils graduating in the fourth year and fifth year cohorts, and shall be disaggregated by cohort, pupil category, race, and disability status. The department shall make this data publicly available on an annual basis aligned with other reporting timelines for the California dashboard graduation data. For purposes of this subdivision, pupil category means the categories of pupils identified in subdivision (a).
(t)For purposes of this section, the following terms have the following meanings:
(1)Governing body means the governing board of a school district or the governing body of a charter school, as applicable.
(2)Local educational agency means a school district or charter school.
(3)Pupil in foster care has the same meaning as foster child, defined in subdivision (a) of Section 48853.5.
(4)School means a public school, including a charter school, that maintains any of grades 9 to 12, inclusive.
(5)Unaccompanied youth means an unaccompanied youth between 12 to 24 years of age, inclusive, who is experiencing homelessness, as defined in subsection (2) of Section 725 of the federal McKinney-Vento Homeless Assistance Act (42 U.S.C. Sec. 11434a(2)).
SEC. 3.Section 51225.2 of the Education Code is amended to read:51225.2.(a)For purposes of this section, the following definitions apply:
(1)Former juvenile court school pupil means a pupil who, upon completion of the pupils second year of high school, transfers to a school district or charter school, excluding a school district operated by the Division of Juvenile Justice of the Department of Corrections and Rehabilitation, from a juvenile court school.
(2)Local educational agency means a school district, county office of education, or charter school.
(3)Newcomer pupil has the same meaning as immigrant children and youth, as defined in Section 7011(5) of Title 20 of the United States Code.
(4)Partial coursework satisfactorily completed includes any portion of an individual course, even if the pupil did not complete the entire course.
(5)Pupil in foster care has the same meaning as foster child, as that term is defined in subdivision (a) of Section 48853.5.
(6)Pupil who is a child of a military family means a pupil who meets the definition of children of military families under Section 49701.
(7)Pupil who is a homeless child or youth means a pupil who meets the definition of homeless children and youths in Section 11434a(2) of Title 42 of the United States Code.
(8)Pupil who is a migratory child means a pupil who meets the definition of currently migratory child under subdivision (a) of Section 54441.
(b)(1)Notwithstanding any other law, a local educational agency shall issue, and the new local educational agency shall accept, full or partial credit for all full or partial coursework satisfactorily completed by a pupil in foster care, a pupil who is a homeless child or youth, a former juvenile court school pupil, a pupil who is a child of a military family, a pupil who is a migratory child, or a newcomer pupil, while attending a public school, a juvenile court school, a charter school, a school in a country other than the United States, or a nonpublic, nonsectarian school.
(2)The transferring local educational agency shall issue the full and partial credits on an official transcript for the pupil and shall ensure the transcript includes all of the following:
(A)All full and partial credits and grades earned based on any measure of full or partial coursework being satisfactorily completed, including a determination of the days of enrollment or seat time, or both, if applicable, at a school of that local educational agency or a prior local educational agency, or any other public school, juvenile court school, charter school, school in a country other than the United States, or nonpublic, nonsectarian school.
(B)The credits and grades for each school and local educational agency listed separately so it is clear where they were earned.
(C)A complete record of the pupils seat time, including both period attendance and days of enrollment.
(3)The new local educational agency shall transfer the credits and grades onto an official transcript of the new local educational agency for the pupil in the same manner as described in subparagraph (B) of paragraph (2) and pursuant to the requirements of subdivision (c).
(4)If the new school or new local educational agency has knowledge that the transcript from the transferring local educational agency may not include certain credits or grades for the pupil, it shall contact the prior local educational agency within two business days to request that the prior local educational agency issue full or partial credits pursuant to this paragraph. The prior local educational agency shall issue appropriate credits and provide all academic and other records to the new local educational agency within two business days of the request.
(5)For purposes of coursework completed by a pupil who is a child of a military family, public school includes schools operated by the United States Department of Defense.
(c)(1)The credits accepted pursuant to subdivision (b) shall be applied for enrollment purposes as specified in subdivision (d) to the same or equivalent course, if applicable, as the coursework completed in the prior public school, juvenile court school, charter school, school in a country other than the United States, or nonpublic, nonsectarian school.
(2)For purposes of the official transcript, the credits accepted pursuant to subdivision (b) shall be added to the credits earned from the same or equivalent course for purposes of calculating the total credits earned for the course but shall separately identify the school and local educational agency in which the credits were earned.
(d)A local educational agency shall not require a pupil in foster care, a pupil who is a homeless child or youth, a former juvenile court school pupil, a pupil who is a child of a military family, a pupil who is a migratory child, or a newcomer pupil to retake a course if the pupil has satisfactorily completed the entire course in a public school, a juvenile court school, a charter school, a school in a country other than the United States, or a nonpublic, nonsectarian school. If the pupil did not complete the entire course, the local educational agency shall not require the pupil to retake the portion of the course the pupil completed unless the local educational agency, in consultation with the holder of educational rights for the pupil, finds that the pupil is reasonably able to complete the requirements in time to graduate from high school. When partial credit is awarded in a particular course, the pupil in foster care, the pupil who is a homeless child or youth, the former juvenile court school pupil, the pupil who is a child of a military family, the pupil who is a migratory child, or the newcomer pupil shall be enrolled in the same or equivalent course, if applicable, so that the pupil may continue and complete the entire course.
(e)A pupil in foster care, a pupil who is a homeless child or youth, a former juvenile court school pupil, a pupil who is a child of a military family, a pupil who is a migratory child, or a newcomer pupil shall not be prevented from retaking or taking a course to meet the eligibility requirements for admission to the California State University or the University of California.
(f)(1)A complaint of noncompliance with the requirements of this section may be filed with the local educational agency under the Uniform Complaint Procedures set forth in Chapter 5.1 (commencing with Section 4600) of Division 1 of Title 5 of the California Code of Regulations.
(2)A complainant not satisfied with the decision of a local educational agency may appeal the decision to the department pursuant to Chapter 5.1 (commencing with Section 4600) of Division 1 of Title 5 of the California Code of Regulations and shall receive a written decision regarding the appeal within 60 days of the departments receipt of the appeal.
(3)If a local educational agency finds merit in a complaint, or if the Superintendent finds merit in an appeal, the local educational agency shall provide a remedy to the affected pupil.
(4)Information regarding the requirements of this section shall be included in the annual notification distributed to, among others, pupils, parents or guardians of pupils, employees, and other interested parties pursuant to Section 4622 of Title 5 of the California Code of Regulations.
SEC. 4.Article 3.5 (commencing with Section 54450) is added to Chapter 4 of Part 29 of Division 4 of Title 2 of the Education Code, to read:3.5.Newcomer Pupils54450.(a)For purposes of this section, newcomer pupil has the same meaning as immigrant children and youth, as defined in Section 7011(5) of Title 20 of the United States Code.
(b)The department shall conduct all of the following activities in support of the education of newcomer pupils:
(1)In consultation with the State Department of Social Services, develop and issue guidance regarding requirements and best practices for newcomer pupils under current law, and available state and federally funded programs and resources that are supportive of these pupils success in school. This guidance shall include, but not be limited, to all of the following:
(A)The requirements of Sections 51225.1, 51225.2, and 60811.8 for newcomer pupils.
(B)The requirement to provide English language development instruction for those newcomer pupils classified as English learners, and best practices for English language development instruction for newcomer pupils.
(C)Local discretion in grade placement of newcomer pupils.
(D)Local discretion to enroll pupils for more than four years of high school instruction.
(E)Information about how the use of coursework completed in languages other than English in other countries may fulfill the world language course requirement for graduation pursuant to Section 51225.3 and the admissions requirements of the University of California and the California State University.
(F)Resources for the evaluation of foreign transcripts.
(G)Resources for support of newcomer pupils with disabilities.
(H)Information about the California Newcomer Education and Well-Being Program (CalNEW) program authorized by Section 13265 of the Welfare and Institutions Code.
(I)Information about programs authorized under the Community Schools Partnership Act (Chapter 6 (commencing with Section 8900) of Part 6 of Division 1 of Title 1).
(2)Publicly report on an annual basis on its internet website the enrollment and performance of newcomer pupils, using data currently collected pursuant to federal law, including statewide and local educational agency and charter school enrollment, disaggregated by grade, home language, English learner classification, and eligibility for free or reduced-price meals, and scores on the California Assessment of Student Performance and Progress (CASSPP) assessments and the statewide assessment of English proficiency. proficiency, and rates of graduation, chronic absenteeism, suspension, and college and career readiness.
(3)Maintain at least one position dedicated to supporting local educational agencies, including charter schools, in serving newcomer pupils. This may include, but shall not be limited to, collaborating with, and providing data to, the State Department of Social Services for purposes of administering the California Newcomer Education and Well-Being Program, pursuant to Section 13265 of the Welfare and Institutions Code.
(c)Implementation of this section is contingent upon an appropriation in the annual Budget Act or another statute for this purpose. It is the intent of the Legislature that these activities be supported by federal Title III Elementary and Secondary Education Act (ESEA) funds.
SEC. 5.Section 60811.8 of the Education Code is amended to read:60811.8.(a)Commencing in the 201920 school year, a middle school or high school pupil who is classified as an English learner, except as specified in subdivision (d), shall not be denied participation in the standard instructional program of a school by being denied any of the following:
(1)Enrollment in courses that are part of the standard instructional program of the school that the pupil attends. For purposes of this section, standard instructional program means, at a minimum, core curriculum courses, as defined in clause (i) of subparagraph (B) of paragraph (6) of subdivision (b) of Section 33126, courses required to meet state and local graduation requirements, and courses required for middle school grade promotion.
(2)Enrollment in a full course load of courses that are part of the standard instructional program.
(3)Enrollment in courses that are not part of a schools standard instructional program that either meet the subject matter requirements for purposes of recognition for college admission pursuant to Section 66205.5 or are advanced courses, such as honors or advanced placement courses, on the sole basis of a pupils classification as an English learner.
(b)Nothing in this section shall be construed to require a school to create supplemental courses in languages other than English.
(c)For purposes of this section, pupil includes a pupil attending a school operated by a school district or a county office of education, a charter school, or the state special schools for the blind and the deaf.
(d)(1)Provided that, pursuant to federal law, the pupils course of study is designed to remedy any academic deficits incurred during participation and that the pupils course of study is reasonably calculated to enable that pupil to attain parity of participation in the standard instructional program within a reasonable length of time after the pupil enters the school system, the following pupils may be denied access to enrollment in a course described in paragraph (1) of subdivision (a):
(A)A middle school or high school pupil who is classified as an English learner and who is a newcomer pupil, as defined in Section 7011(5) of Title 20 of the United States Code.
(B)A middle school or high school pupil who is classified as an English learner and who is participating in a program designed to meet the academic and transitional needs of newcomer pupils that has as a primary objective the development of English language proficiency.
(2)This section shall not be construed to prohibit, restrict, or discourage the enrollment of a pupil described in paragraph (1) in courses described in paragraph (1) of subdivision (a).
SEC. 6.If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.
(a)At the next regularly scheduled revision of the curriculum framework in English Language Arts and English Language Development, the commission shall consider including content designed to provide teachers with resources to meet the unique academic and English language development needs of newcomer pupils at all grade levels, and shall ensure that the instructional materials for pupils in kindergarten or any of grades 1 to 8, inclusive, that it recommends to the state board for adoption include resources for teachers to help them meet these needs.
(b)Implementation of this section is contingent upon an appropriation in the annual Budget Act or another statute for this purpose. It is the intent of the Legislature that these activities be supported by federal Title III Elementary and Secondary Education Act (ESEA) funds.
SEC. 2.Section 51225.1 of the Education Code is amended to read:51225.1.(a)Notwithstanding any other law, a local educational agency, as defined in subdivision (t), shall exempt a pupil in foster care, as defined in subdivision (t), a pupil who is a homeless child or youth, as defined in Section 11434a(2) of Title 42 of the United States Code, a former juvenile court school pupil, as defined in Section 51225.2, a pupil who is a child of a military family, as defined in Section 49701, or a pupil who is a migratory child, as defined in subdivision (a) of Section 54441, who transfers between schools any time after the completion of the pupils second year of high school, or a pupil participating in a newcomer program, pupil, as defined in Section 51225.2, and who is in their third or fourth year of high school, from all coursework and other requirements adopted by the governing body that are in addition to the statewide coursework requirements specified in Section 51225.3, unless the local educational agency makes a finding that the pupil is reasonably able to complete the local educational agencys graduation requirements in time to graduate from high school by the end of the pupils fourth year of high school.
(b)If the local educational agency determines that the pupil in foster care, the pupil who is a homeless child or youth, the former juvenile court school pupil, the pupil who is a child of a military family, the pupil who is a migratory child, or the pupil participating in a newcomer program pupil is reasonably able to complete the local educational agencys graduation requirements within the pupils fifth year of high school, the local educational agency shall do all of the following:
(1)Consult with the pupil and the person holding the right to make educational decisions for the pupil regarding the pupils option to remain in school for a fifth year to complete the local educational agencys graduation requirements.
(2)Consult with the pupil, and the person holding the right to make educational decisions for the pupil, about how remaining in school for a fifth year to complete the local educational agencys graduation requirements will affect the pupils ability to gain admission to a postsecondary educational institution.
(3)Consult with and provide information to the pupil about transfer opportunities available through the California Community Colleges.
(4)Permit the pupil to stay in school for a fifth year to complete the local educational agencys graduation requirements upon agreement with the pupil, if the pupil is 18 years of age or older, or, if the pupil is under 18 years of age, upon agreement with the person holding the right to make educational decisions for the pupil.
(5)For a pupil in foster care or a pupil who is a homeless child or youth, consult with the pupil, and the person holding the right to make educational decisions for the pupil, regarding the pupils option to remain in the pupils school of origin, pursuant to Section 48852.7 for a pupil who is a homeless child or youth, or Section 48853.5 for a pupil in foster care.
(c)To determine whether a pupil in foster care, a pupil who is a homeless child or youth, a former juvenile court school pupil, a pupil who is a child of a military family, or a pupil who is a migratory child is in the third or fourth year of high school, the number of credits the pupil has earned to the date of transfer, the length of the pupils school enrollment, or, for pupils with significant gaps in school attendance, the pupils age as compared to the average age of pupils in the third or fourth year of high school, may be used, whichever will qualify the pupil for the exemption. In the case of a pupil participating in a newcomer program, pupil, enrollment in grade 11 or 12, based on the average age of pupils in the third or fourth year of high school, may be used to determine whether the pupil is in the pupils third or fourth year of high school.
(d)(1)(A)Within 30 calendar days of the date that a pupil in foster care who may qualify for the exemption from local graduation requirements pursuant to this section transfers into a school, the local educational agency shall notify the pupil, the person holding the right to make educational decisions for the pupil, and the pupils social worker or probation officer of the availability of the exemption and whether the pupil qualifies for an exemption.
(B)If the local educational agency fails to provide timely notice pursuant to subparagraph (A), the pupil described in subparagraph (A) shall be eligible for the exemption from local graduation requirements pursuant to this section once notified, even if that notification occurs after the termination of the courts jurisdiction over the pupil, if the pupil otherwise qualifies for the exemption pursuant to this section.
(2)(A)Within 30 calendar days of the date that a pupil who is a homeless child or youth who may qualify for the exemption from local graduation requirements pursuant to this section transfers into a school, the local educational agency shall notify the pupil, the person holding the right to make educational decisions for the pupil, and the local educational agency liaison for homeless children and youth designated pursuant to Section 11432(g)(1)(J)(ii) of Title 42 of the United States Code, of the availability of the exemption and whether the pupil qualifies for an exemption.
(B)If the local educational agency fails to provide timely notice pursuant to subparagraph (A), the pupil described in subparagraph (A) shall be eligible for the exemption from local graduation requirements pursuant to this section once notified, even if that notification occurs after the pupil is no longer a homeless child or youth, if the pupil otherwise qualifies for the exemption pursuant to this section.
(3)(A)Within 30 calendar days of the date that a former juvenile court school pupil who may qualify for the exemption from local graduation requirements pursuant to this section transfers into a school, the local educational agency shall notify the pupil, the person holding the right to make educational decisions for the pupil, and the pupils social worker or probation officer of the availability of the exemption and whether the pupil qualifies for an exemption.
(B)If the local educational agency fails to provide timely notice pursuant to subparagraph (A), the pupil described in subparagraph (A) shall be eligible for the exemption from local graduation requirements pursuant to this section once notified, even if that notification occurs after termination of the courts jurisdiction over the pupil, if the pupil otherwise qualifies for the exemption pursuant to this section.
(4)(A)Within 30 calendar days of the date that a pupil who is a child of a military family who may qualify for the exemption from local graduation requirements pursuant to this section transfers into a school, the local educational agency shall notify the pupil and the pupils parent or guardian of the availability of the exemption and whether the pupil qualifies for an exemption.
(B)If the local educational agency fails to provide timely notice pursuant to subparagraph (A), the pupil described in subparagraph (A) shall be eligible for the exemption from local graduation requirements pursuant to this section once notified, even if that notification occurs after the pupil no longer meets the definition of children of military families under Section 49701, if the pupil otherwise qualifies for the exemption pursuant to this section.
(5)(A)Within 30 calendar days of the date that a pupil who is a migratory child who may qualify for the exemption from local graduation requirements pursuant to this section transfers into a school, the local educational agency shall notify the pupil and the pupils parent or guardian of the availability of the exemption and whether the pupil qualifies for an exemption.
(B)If the local educational agency fails to provide timely notice pursuant to subparagraph (A), the pupil described in subparagraph (A) shall be eligible for the exemption from local graduation requirements pursuant to this section once notified, even if that notification occurs after the pupil no longer meets the definition of migratory child if the pupil otherwise qualifies for the exemption pursuant to this section.
(6)(A)Within 30 calendar days of the date that a pupil participating in a newcomer program pupil who may qualify for the exemption from local graduation requirements pursuant to this section commences participation in a newcomer program at transfers into a school, the local educational agency shall notify the pupil and the pupils parent or guardian of the availability of the exemption and whether the pupil qualifies for an exemption.
(B)If the local educational agency fails to provide timely notice pursuant to subparagraph (A), the pupil described in subparagraph (A) shall be eligible for the exemption from local graduation requirements pursuant to this section once notified, even if that notification occurs after the pupil no longer meets the definition of a pupil participating in a newcomer program newcomer pupil if the pupil otherwise qualifies for the exemption pursuant to this section.
(e)If a pupil in foster care, a pupil who is a homeless child or youth, a former juvenile court school pupil, a pupil who is a child of a military family, a pupil who is a migratory child, or a pupil participating in a newcomer program pupil is exempted from local graduation requirements pursuant to this section and completes the statewide coursework requirements specified in Section 51225.3 before the end of the pupils fourth year of high school and that pupil would otherwise be entitled to remain in attendance at the school, a school, including a charter school, or school district shall not require or request that the pupil graduate before the end of the pupils fourth year of high school.
(f)If a pupil in foster care, a pupil who is a homeless child or youth, a former juvenile court school pupil, a pupil who is a child of a military family, a pupil who is a migratory child, or a pupil participating in a newcomer program pupil is exempted from local graduation requirements pursuant to this section, in addition to providing notification of the exemption pursuant to subdivision (d), the local educational agency shall consult with the pupil and the person holding the right to make educational decisions for the pupil. The consultation shall include all of the following:
(1)Discussion regarding how any of the requirements that are waived may affect the pupils postsecondary education or vocation plans, including the ability to gain admission to a postsecondary educational institution.
(2)Discussion and information about other options available to the pupil, including, but not limited to, a fifth year of high school, possible credit recovery, and any transfer opportunities available through the California Community Colleges.
(3)Consideration of the pupils academic data and any other information relevant to making an informed decision on whether to accept the exemption.
(g)A pupil in foster care, a pupil who is a homeless child or youth, a former juvenile court school pupil, a pupil who is a child of a military family, a pupil who is a migratory child, or a pupil participating in a newcomer program pupil who is eligible for the exemption from local graduation requirements pursuant to this section and would otherwise be entitled to remain in attendance at the school shall not be required to accept the exemption or be denied enrollment in, or the ability to complete, courses for which the pupil is otherwise eligible, including courses necessary to attend an institution of higher education, regardless of whether those courses are required for statewide graduation requirements.
(h)(1)If a pupil in foster care, a pupil who is a homeless child or youth, a former juvenile court school pupil, a pupil who is a child of a military family, a pupil who is a migratory child, or a pupil participating in a newcomer program pupil is not exempted from local graduation requirements or has previously declined the exemption pursuant to this section, a local educational agency shall exempt the pupil within 30 days of the date of the exemption request, if an exemption is requested by the pupil or the person holding the right to make educational decisions for the pupil and the pupil qualifies for the exemption.
(2)If a pupil in foster care, a pupil who is a homeless child or youth, a former juvenile court school pupil, a pupil who is a child of a military family, a pupil who is a migratory child, or a pupil participating in a newcomer program pupil who was eligible for an exemption pursuant to this section, was not properly notified of the availability of the exemption pursuant to subdivision (d), or declined the exemption, a local educational agency nonetheless shall exempt the pupil within 30 days of the date of the exemption request, if an exemption is requested by the pupil or the person holding the right to make educational decisions for the pupil, and the pupil at one time qualified for the exemption, even if the pupil is no longer homeless, a child of a military family, a pupil who is a migratory child, a pupil participating in a newcomer program, pupil, or the courts jurisdiction over the pupil has terminated.
(i)If a pupil in foster care, a pupil who is a homeless child or youth, a former juvenile court school pupil, a pupil who is a child of a military family, a pupil who is a migratory child, or a pupil participating in a newcomer program pupil is exempted from local graduation requirements pursuant to this section, a local educational agency shall not revoke the exemption.
(j)(1)If a pupil in foster care is exempted from local graduation requirements pursuant to this section, the exemption shall continue to apply after the termination of the courts jurisdiction over the pupil while the pupil is enrolled in school or if the pupil transfers to another school, including a charter school, or school district.
(2)If a pupil who is a homeless child or youth is exempted from local graduation requirements pursuant to this section, the exemption shall continue to apply after the pupil is no longer a homeless child or youth while the pupil is enrolled in school or if the pupil transfers to another school, including a charter school, or school district.
(3)If a former juvenile court school pupil is exempted from local graduation requirements pursuant to this section, the exemption shall continue to apply after the termination of the courts jurisdiction over the pupil while the pupil is enrolled in school or if the pupil transfers to another school, including a charter school, or school district.
(4)If a pupil who is a child of a military family is exempted from local graduation requirements pursuant to this section, the exemption shall continue to apply after the pupil no longer meets the definition of children of military families under Section 49701 while the pupil is enrolled in school or if the pupil transfers to another school, including a charter school, or school district.
(5)If a pupil who is a migratory child is exempted from local graduation requirements pursuant to this section, the exemption shall continue to apply after the pupil no longer meets the definition of migratory child while the pupil is enrolled in school or if the pupil transfers to another school, including a charter school, or school district.
(6)If a pupil participating in a newcomer program pupil is exempted from local graduation requirements pursuant to this section, the exemption shall continue to apply after the pupil no longer meets the definition of a pupil participating in a newcomer program newcomer pupil while the pupil is enrolled in school or if the pupil transfers to another school, including a charter school, or school district.
(k)A local educational agency shall not require or request a pupil in foster care, a pupil who is a homeless child or youth, a former juvenile court school pupil, a pupil who is a child of a military family, or a pupil who is a migratory child to transfer schools in order to qualify the pupil for an exemption pursuant to this section.
(l)(1)A pupil in foster care, the person holding the right to make educational decisions for the pupil, the pupils social worker, or the pupils probation officer shall not request a transfer solely to qualify the pupil for an exemption pursuant to this section.
(2)A pupil who is a homeless child or youth, the person holding the right to make educational decisions for the pupil, or the local educational agency liaison for homeless children and youth designated pursuant to Section 11432(g)(1)(J)(ii) of Title 42 of the United States Code, shall not request a transfer solely to qualify the pupil for an exemption pursuant to this section.
(3)A former juvenile court school pupil, the person holding the right to make educational decisions for the pupil, the pupils social worker, or the pupils probation officer shall not request a transfer solely to qualify the pupil for an exemption pursuant to this section.
(4)A pupil who is a child of a military family, or the pupils parent or guardian, shall not request a transfer solely to qualify the pupil for an exemption pursuant to this section.
(5)A pupil who is a migratory child, or the pupils parent or guardian, shall not request a transfer solely to qualify the pupil for an exemption pursuant to this section.
(m)(1)A complaint of noncompliance with the requirements of this section may be filed with the local educational agency under the Uniform Complaint Procedures set forth in Chapter 5.1 (commencing with Section 4600) of Division 1 of Title 5 of the California Code of Regulations.
(2)A complainant not satisfied with the decision of a local educational agency may appeal the decision to the department pursuant to Chapter 5.1 (commencing with Section 4600) of Division 1 of Title 5 of the California Code of Regulations and shall receive a written decision regarding the appeal within 60 days of the departments receipt of the appeal.
(3)If a local educational agency finds merit in a complaint, or the Superintendent finds merit in an appeal, the local educational agency shall provide a remedy to the affected pupil.
(4)Information regarding the requirements of this section shall be included in the annual notification distributed to, among others, pupils, parents or guardians of pupils, employees, and other interested parties pursuant to Section 4622 of Title 5 of the California Code of Regulations.
(n)(1)If a local educational agency determines that a pupil in foster care, a pupil who is a homeless child or youth, a former juvenile court school pupil, a pupil who is a child of a military family, or a pupil who is a migratory child and who transfers between schools any time after the completion of the pupils second year of high school, or a pupil participating in a newcomer program pupil who is in their third or fourth year of high school, is not reasonably able to complete the local educational agencys graduation requirements within the pupils fifth year of high school, but is reasonably able to complete the statewide coursework requirements specified in Section 51225.3 within the pupils fifth year of high school, the local educational agency shall exempt a pupil from the local educational agencys graduation requirements and provide the pupil the option to remain in school for a fifth year to complete the statewide coursework requirements. The local educational agency shall consult with the pupil and the person holding the right to make educational decisions for the pupil regarding all of the following:
(A)The pupils option to remain in school for a fifth year to complete the statewide coursework requirements.
(B)How waiving the local educational requirements and remaining in school for a fifth year may affect the pupils postsecondary education or vocation plans, including the ability to gain admission to a institution of higher education.
(C)Whether any other options are available to the pupil, including, but not limited to, possible credit recovery, and any transfer opportunities available through the California Community Colleges.
(D)The pupils academic data and any other information relevant to making an informed decision on whether to accept the exemption and option to remain in school for a fifth year to complete the statewide coursework requirements.
(2)This subdivision shall become inoperative on January 1, 2028.
(o)(1)If a pupil in foster care, a pupil who is a homeless child or youth, a former juvenile court school pupil, a pupil who is a child of a military family, a pupil who is a migratory child is not eligible for an exemption pursuant to this section in the year in which the pupil transfers between schools, or for a pupil participating in a newcomer program, pupil, is not eligible for an exemption pursuant to this section in the pupils third year of high school, because the local educational agency makes a finding that the pupil is reasonably able to complete the local educational agencys graduation requirements in time to graduate from high school by the end of the pupils fourth year of high school, a local educational agency nonetheless shall reevaluate eligibility and provide written notice to the pupil, the person holding the right to make educational decisions for the pupil, and the pupils social worker or probation officer, if applicable, whether the pupil qualifies for an exemption within the first 30 calendar days of the following academic year, based on the course completion status of the pupil at the time of reevaluation to determine if the pupil continues to be reasonably able to complete the local educational agencys graduation requirements in time to graduate from high school by the end of the pupils fourth year of high school.
(2)If it is determined within the first 30 calendar days of the following academic year, that given their course completion status at that time the reevaluation conducted pursuant to paragraph (1) that the pupil is not reasonably able to complete the local educational agencys graduation requirements in time to graduate from high school by the end of the pupils fourth year of high school, the local educational agency shall provide the pupil with the option to receive an exemption from all coursework and other requirements adopted by the governing body of the local educational agency that are in addition to the statewide coursework requirements specified in Section 51225.3 or to stay in school for a fifth year to complete the local educational agencys graduation requirements upon agreement with the pupil, if the pupil is 18 years of age or older, or, if the pupil is under 18 years of age, upon agreement with the person holding the right to make educational decisions for the pupil and provide notification of the availability of these options pursuant to subdivisions (b) and (d).
(p)(1)This section shall apply to a pupil in foster care, a pupil who is a homeless child or youth, a former juvenile court school pupil, a pupil who is a child of a military family, a pupil who is a migratory child, or a pupil participating in a newcomer program, pupil, who is enrolled in an adult education program, regardless of the pupils age.
(2)This section shall apply to a pupil who is enrolled in an adult education program who, while enrolled in high school, was a pupil in foster care, a pupil who is a homeless child or youth, a former juvenile court school pupil, a pupil who is a child of a military family, a pupil who is a migratory child, or a pupil participating in a newcomer program. pupil.
(q)For a pupil who is an unaccompanied youth as defined in Section 11434a(6) of Title 42 of the United States Code, the person holding the right to make educational decisions for the pupil is the unaccompanied youth.
(r)If a local educational agency or adult school offers to exempt a pupil in foster care, a pupil who is a homeless child or youth, a former juvenile court school pupil, a pupil who is a child of a military family, a pupil who is a migratory child, or a pupil participating in a newcomer program pupil from all coursework and other requirements adopted by the governing body of the local educational agency that are in addition to the statewide coursework requirements specified in Section 51225.3, it is in the sole discretion of the person holding the right to make educational decisions for the pupil, or the pupil themselves if they are 18 years of age or older, an unaccompanied youth as defined in Section 11434a(6) of Title 42 of the United States Code, or an unaccompanied minor who holds their own education rights, whether to accept the exemption, based on the pupils best educational interests.
(s)Each local educational agency shall report to the department annually on the number of pupils who, for the prior school year, graduated with an exemption from the local educational agencys graduation requirements that are in addition to the statewide coursework requirements. This data shall be reported for pupils graduating in the fourth year and fifth year cohorts, and shall be disaggregated by cohort, pupil category, race, and disability status. The department shall make this data publicly available on an annual basis aligned with other reporting timelines for the California dashboard graduation data. For purposes of this subdivision, pupil category means the categories of pupils identified in subdivision (a).
(t)For purposes of this section, the following terms have the following meanings:
(1)Governing body means the governing board of a school district or the governing body of a charter school, as applicable.
(2)Local educational agency means a school district or charter school.
(3)Pupil in foster care has the same meaning as foster child, defined in subdivision (a) of Section 48853.5.
(4)School means a public school, including a charter school, that maintains any of grades 9 to 12, inclusive.
(5)Unaccompanied youth means an unaccompanied youth between 12 to 24 years of age, inclusive, who is experiencing homelessness, as defined in subsection (2) of Section 725 of the federal McKinney-Vento Homeless Assistance Act (42 U.S.C. Sec. 11434a(2)).
SEC. 3.Section 51225.2 of the Education Code is amended to read:51225.2.(a)For purposes of this section, the following definitions apply:
(1)Former juvenile court school pupil means a pupil who, upon completion of the pupils second year of high school, transfers to a school district or charter school, excluding a school district operated by the Division of Juvenile Justice of the Department of Corrections and Rehabilitation, from a juvenile court school.
(2)Local educational agency means a school district, county office of education, or charter school.
(3)Newcomer pupil has the same meaning as immigrant children and youth, as defined in Section 7011(5) of Title 20 of the United States Code.
(3)(4)Partial coursework satisfactorily completed includes any portion of an individual course, even if the pupil did not complete the entire course.
(4)(5)Pupil in foster care has the same meaning as foster child, as that term is defined in subdivision (a) of Section 48853.5.
(5)Pupil participating in a newcomer program means a pupil who is participating in a program designed to meet the academic and transitional needs of newly arrived immigrant pupils that has as a primary objective the development of English language proficiency.(6)Pupil who is a child of a military family means a pupil who meets the definition of children of military families under Section 49701.
(7)Pupil who is a homeless child or youth means a pupil who meets the definition of homeless children and youths in Section 11434a(2) of Title 42 of the United States Code.
(8)Pupil who is a migratory child means a pupil who meets the definition of currently migratory child under subdivision (a) of Section 54441.
(b)(1)Notwithstanding any other law, a local educational agency shall issue, and the new local educational agency shall accept, full or partial credit for all full or partial coursework satisfactorily completed by a pupil in foster care, a pupil who is a homeless child or youth, a former juvenile court school pupil, a pupil who is a child of a military family, a pupil who is a migratory child, or a pupil participating in a newcomer program, pupil, while attending a public school, a juvenile court school, a charter school, a school in a country other than the United States, or a nonpublic, nonsectarian school.
(2)The transferring local educational agency shall issue the full and partial credits on an official transcript for the pupil and shall ensure the transcript includes all of the following:
(A)All full and partial credits and grades earned based on any measure of full or partial coursework being satisfactorily completed, including a determination of the days of enrollment or seat time, or both, if applicable, at a school of that local educational agency or a prior local educational agency, or any other public school, juvenile court school, charter school, school in a country other than the United States, or nonpublic, nonsectarian school.
(B)The credits and grades for each school and local educational agency listed separately so it is clear where they were earned.
(C)A complete record of the pupils seat time, including both period attendance and days of enrollment.
(3)The new local educational agency shall transfer the credits and grades onto an official transcript of the new local educational agency for the pupil in the same manner as described in subparagraph (B) of paragraph (2) and pursuant to the requirements of subdivision (c).
(4)If the new school or new local educational agency has knowledge that the transcript from the transferring local educational agency may not include certain credits or grades for the pupil, it shall contact the prior local educational agency within two business days to request that the prior local educational agency issue full or partial credits pursuant to this paragraph. The prior local educational agency shall issue appropriate credits and provide all academic and other records to the new local educational agency within two business days of the request.
(5)For purposes of coursework completed by a pupil who is a child of a military family, public school includes schools operated by the United States Department of Defense.
(c)(1)The credits accepted pursuant to subdivision (b) shall be applied for enrollment purposes as specified in subdivision (d) to the same or equivalent course, if applicable, as the coursework completed in the prior public school, juvenile court school, charter school, school in a country other than the United States, or nonpublic, nonsectarian school.
(2)For purposes of the official transcript, the credits accepted pursuant to subdivision (b) shall be added to the credits earned from the same or equivalent course for purposes of calculating the total credits earned for the course but shall separately identify the school and local educational agency in which the credits were earned.
(d)A local educational agency shall not require a pupil in foster care, a pupil who is a homeless child or youth, a former juvenile court school pupil, a pupil who is a child of a military family, a pupil who is a migratory child, or a pupil participating in a newcomer program pupil to retake a course if the pupil has satisfactorily completed the entire course in a public school, a juvenile court school, a charter school, a school in a country other than the United States, or a nonpublic, nonsectarian school. If the pupil did not complete the entire course, the local educational agency shall not require the pupil to retake the portion of the course the pupil completed unless the local educational agency, in consultation with the holder of educational rights for the pupil, finds that the pupil is reasonably able to complete the requirements in time to graduate from high school. When partial credit is awarded in a particular course, the pupil in foster care, the pupil who is a homeless child or youth, the former juvenile court school pupil, the pupil who is a child of a military family, the pupil who is a migratory child, or the pupil participating in a newcomer program pupil shall be enrolled in the same or equivalent course, if applicable, so that the pupil may continue and complete the entire course.
(e)A pupil in foster care, a pupil who is a homeless child or youth, a former juvenile court school pupil, a pupil who is a child of a military family, a pupil who is a migratory child, or a pupil participating in a newcomer program pupil shall not be prevented from retaking or taking a course to meet the eligibility requirements for admission to the California State University or the University of California.
(f)(1)A complaint of noncompliance with the requirements of this section may be filed with the local educational agency under the Uniform Complaint Procedures set forth in Chapter 5.1 (commencing with Section 4600) of Division 1 of Title 5 of the California Code of Regulations.
(2)A complainant not satisfied with the decision of a local educational agency may appeal the decision to the department pursuant to Chapter 5.1 (commencing with Section 4600) of Division 1 of Title 5 of the California Code of Regulations and shall receive a written decision regarding the appeal within 60 days of the departments receipt of the appeal.
(3)If a local educational agency finds merit in a complaint, or if the Superintendent finds merit in an appeal, the local educational agency shall provide a remedy to the affected pupil.
(4)Information regarding the requirements of this section shall be included in the annual notification distributed to, among others, pupils, parents or guardians of pupils, employees, and other interested parties pursuant to Section 4622 of Title 5 of the California Code of Regulations.
SEC. 4.Article 3.5 (commencing with Section 54450) is added to Chapter 4 of Part 29 of Division 4 of Title 2 of the Education Code, to read:3.5.Newcomer Pupils54450.(a)For purposes of this section, newcomer pupil has the same meaning as immigrant children and youth, as defined in Section 7011(5) of Title 20 of the United States Code.
(b)The department shall conduct all of the following activities in support of the education of newcomer pupils:
(1)In consultation with the State Department of Social Services, develop and issue guidance regarding requirements and best practices for newcomer pupils under current law, and available state and federally funded programs and resources that are supportive of these pupils success in school. This guidance shall include, but not be limited, to all of the following:
(A)The requirements of Sections 51225.1, 51225.2, and 60811.8 for newcomer pupils.
(B)The requirement to provide English language development instruction for those newcomer pupils classified as English learners, and best practices for English language development instruction for newcomer pupils.
(C)Local discretion in grade placement of newcomer pupils.
(D)Local discretion to enroll pupils for more than four years of high school instruction.
(E)Information about how the use of coursework completed in languages other than English in other countries may fulfill the world language course requirement for graduation pursuant to Section 51225.3 and the admissions requirements of the University of California and the California State University.
(F)Resources for the evaluation of foreign transcripts.
(G)Resources for support of newcomer pupils with disabilities.
(H)Information about the California Newcomer Education and Well-Being Program (CalNEW) program authorized by Section 13265 of the Welfare and Institutions Code.
(I)Information about programs authorized under the Community Schools Partnership Act (Chapter 6 (commencing with Section 8900) of Part 6 of Division 1 of Title 1).
(2)Publicly report on an annual basis on its internet website the enrollment and performance of newcomer pupils, including statewide and local educational agency and charter school enrollment, disaggregated by grade, home language, English learner classification, and eligibility for free or reduced-price meals, and scores on the California Assessment of Student Performance and Progress (CASSPP) assessments and the statewide assessment of English proficiency.
(3)Maintain at least one position dedicated to supporting local educational agencies, including charter schools, in serving newcomer pupils. This may include, but shall not be limited to, collaborating with, and providing data to, the State Department of Social Services for purposes of administering the California Newcomer Education and Well-Being Program, pursuant to Section 13265 of the Welfare and Institutions Code.
(c)Implementation of this section is contingent upon an appropriation in the annual Budget Act or another statute for this purpose. It is the intent of the Legislature that these activities be supported by federal Title III Elementary and Secondary Education Act (ESEA) funds.
SEC. 5.Section 60811.8 of the Education Code is amended to read:60811.8.(a)Commencing in the 201920 school year, a middle school or high school pupil who is classified as an English learner, except as specified in subdivision (d), shall not be denied participation in the standard instructional program of a school by being denied any of the following:
(1)Enrollment in courses that are part of the standard instructional program of the school that the pupil attends. For purposes of this section, standard instructional program means, at a minimum, core curriculum courses, as defined in clause (i) of subparagraph (B) of paragraph (6) of subdivision (b) of Section 33126, courses required to meet state and local graduation requirements, and courses required for middle school grade promotion.
(2)Enrollment in a full course load of courses that are part of the standard instructional program.
(3)Enrollment in courses that are not part of a schools standard instructional program that either meet the subject matter requirements for purposes of recognition for college admission pursuant to Section 66205.5 or are advanced courses, such as honors or advanced placement courses, on the sole basis of a pupils classification as an English learner.
(b)Nothing in this section shall be construed to require a school to create supplemental courses in languages other than English.
(c)For purposes of this section, pupil includes a pupil attending a school operated by a school district or a county office of education, a charter school, or the state special schools for the blind and the deaf.
(d)(1)Provided that, pursuant to federal law, the pupils course of study is designed to remedy any academic deficits incurred during participation and that the pupils course of study is reasonably calculated to enable that pupil to attain parity of participation in the standard instructional program within a reasonable length of time after he or she the pupil enters the school system, the following pupils may be denied access to enrollment in a course described in paragraph (1) of subdivision (a):
(A)A middle school or high school pupil who is classified as an English learner and who has recently arrived in the United States, who is a newcomer pupil, as defined in Section 1111(b)(3)(A) 7011(5) of Title 20 of the federal Every Student Succeeds Act (Public Law 114-95). United States Code.
(B)A middle school or high school pupil who is classified as an English learner and who is participating in a program designed to meet the academic and transitional needs of newly arrived immigrant newcomer pupils that has as a primary objective the development of English language proficiency.
(2)This section shall not be construed to prohibit, restrict, or discourage the enrollment of a pupil described in paragraph (1) in courses described in paragraph (1) of subdivision (a).
SEC. 6.If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.
|
Date
|
Status
|
|---|---|
| Oct 7, 2023 | Chaptered by Secretary of State - Chapter 342, Statutes of 2023. |
| Oct 7, 2023 | Approved by the Governor. |
| Sep 20, 2023 | Enrolled and presented to the Governor at 4 p.m. |
| Sep 13, 2023 | Senate amendments concurred in. To Engrossing and Enrolling. (Ayes 76. Noes 0. Page 3452.). |
| Sep 12, 2023 | In Assembly. Concurrence in Senate amendments pending. |
| Sep 12, 2023 | Read third time. Passed. Ordered to the Assembly. (Ayes 38. Noes 0. Page 2653.). |
| Sep 11, 2023 | Read second time. Ordered to third reading. |
| Sep 8, 2023 | Read third time and amended. Ordered to second reading. |
| Sep 5, 2023 | Read second time. Ordered to third reading. |
| Sep 1, 2023 | Read second time and amended. Ordered returned to second reading. |
| Sep 1, 2023 | From committee: Amend, and do pass as amended. (Ayes 7. Noes 0.) (September 1). |
| Aug 14, 2023 | In committee: Referred to APPR suspense file. |
| Jul 13, 2023 | From committee: Do pass and re-refer to Com. on APPR. (Ayes 7. Noes 0.) (July 12). Re-referred to Com. on APPR. |
| Jun 7, 2023 | Referred to Com. on ED. |
| May 31, 2023 | In Senate. Read first time. To Com. on RLS. for assignment. |
| May 30, 2023 | Read third time. Passed. Ordered to the Senate. (Ayes 80. Noes 0. Page 1911.) |
| May 22, 2023 | Read second time. Ordered to third reading. |
| May 18, 2023 | Read second time and amended. Ordered returned to second reading. |
| May 18, 2023 | From committee: Amend, and do pass as amended. (Ayes 11. Noes 0.) (May 18). |
| Apr 26, 2023 | In committee: Set, first hearing. Referred to APPR. suspense file. |
| Apr 3, 2023 | Re-referred to Com. on APPR. |
| Mar 30, 2023 | Read second time and amended. |
| Mar 30, 2023 | From committee: Amend, and do pass as amended and re-refer to Com. on APPR. (Ayes 7. Noes 0.) (March 29). |
| Feb 23, 2023 | Referred to Com. on ED. |
| Feb 14, 2023 | From printer. May be heard in committee March 16. |
| Feb 13, 2023 | Read first time. To print. |
|
Date
|
Description
|
Location
|
Votes
|
|
|---|---|---|---|---|
| Sep 13, 2023 | AB 714 McCarty Concurrence in Senate Amendments | Assembly Floor |
Passed |
|
| Sep 12, 2023 | Assembly 3rd Reading AB714 McCarty et al. By Durazo | Senate Floor |
Passed |
|
| Sep 1, 2023 | Do pass as amended | Senate Standing Committee on Appropriations |
Passed |
|
| Aug 14, 2023 | Placed on suspense file | Senate Standing Committee on Appropriations |
Passed |
|
| Jul 12, 2023 | Do pass, but first be re-referred to the Committee on [Appropriations] | Senate Standing Committee on Education |
Passed |
|
| May 30, 2023 | AB 714 McCarty Assembly Third Reading | Assembly Floor |
Passed |
|
| May 18, 2023 | Do pass as amended. | Assembly Standing Committee on Appropriations |
Passed |
|
| Mar 29, 2023 | Do pass as amended and be re-referred to the Committee on [Appropriations] | Assembly Standing Committee on Education |
Passed |
This list shows positions taken on this bill by organizations on the date displayed, which is linked to the original source.
Positions by individuals are not included.
|
Organization
|
Position
|
Date
|
|---|---|---|
| Alliance for A Better Community | ** Support | |
| Association of Mexican American Educators | ** Support | |
| Association of Two-way Dual Language Education | ** Support | |
| California Association For Bilingual Education | ** Support | |
| California Council on Teacher Education | ** Support | |
| California Federation Of Teachers | ** Support | |
| California State PTA | * Support | Mar 29, 2023 |
| California Teachers Association | ** Support | |
| Californians for Justice | ** Support | |
| Californians Together | ** Support | |
| Children Now | ** Support | |
| Corona-Norco Unified School District | ** Support | |
| GENup | ** Support | |
| Hispanas Organized for Political Equality | ** Support | |
| Kids in Need of Defense | ** Support | |
| Loyola Marymount University - The Center for Equity for English Learners | ** Support | |
| Mutually Adaptive Learning Paradigm | ** Support | |
| National Association for English Learner Program Administrators | ** Support | |
| North County Equity and Justice Coalition | * Support | Jul 12, 2023 |
| Northern California College Promise Coalition | ** Support | |
| Oakland Unified School District | * Support | Mar 29, 2023 |
| Office of the Riverside County Superintendent of Schools | ** Support | |
| Parent Institute for Quality Education | ** Support | |
| Policy Analysis for California Education | * Support | Mar 29, 2023 |
| Policy Analysis for California Education | * Support | Jul 12, 2023 |
| Public Advocates | ** Support | |
| Riverside County Public K-12 School District Superintendents | ** Support | |
| San Diego Unified School District | ** Support | |
| Sobrato Early Academic Language | ** Support | |
| Teach Plus | * Support | Mar 29, 2023 |
| The Children's Partnership | * Support | Mar 29, 2023 |
| The Education Trust - West | ** Support | |
| Union of Overseas Vietnamese Language Schools-Taviet | ** Support | |
| Unite-LA | ** Support |
CONCURRENCE IN SENATE AMENDMENTS
CSA1 Bill Id:AB 714
Author:(McCarty)
As Amended Ver:September 8, 2023
Majority vote
SUMMARY
Requires the California Department of Education (CDE) to maintain information on its website relating to the education of recently arrived immigrant students (newcomers), to annually publish enrollment and other information about newcomers on its website; requires the Instructional Quality Commission (IQC) to consider adding content to help teachers meet the unique needs of newcomers to the next revision of the English Language Arts (ELA)/English Language Development (ELD) curriculum framework and recommended instructional materials; and revises the definition of newcomers to align with the federal definition for purposes of specified educational rights in existing law.
Senate Amendments
- Require that the CDE curate and maintain information, rather than issue guidance, relating to newcomer students, and remove the requirement that the CDE consult with the Department of Social Services (DSS) on this requirement.
- Remove the requirement that the CDE maintain a position dedicated to supporting newcomer students.
- Narrow the data reporting requirements of the CDE to enrollment and county of origin on newcomer students.
- Remove the contingency on appropriation for specified activities in this bill.
COMMENTS
First landscape analysis on newcomer education policy in California. A policy brief by Policy Analysis for California Education (PACE), titled "Newcomer Education in California," (PACE, 2023) provides the first comprehensive look at California newcomers and their educational needs. Using data from the CDE, the brief discusses what is known about this population of students, and makes recommendations for state policy to improve their educational outcomes and well-being.
This brief is one product of a Research-Practice-Policy Partnership (RPPP) convened by PACE in 2021 and 2022, which brought together policymakers, researchers, and practitioners to leverage each sector's resources and expertise to improve the education of newcomers. The PACE brief contains three key findings:
- Schools need support to implement effective instruction and program models;
- Newcomers' basic needs require assistance from multiple partner organizations; and
- Lack of data makes it challenging for newcomers to be seen by education leaders, policymakers, researchers, and curriculum developers.
Who are newcomer students in California? Federal law defines recently arrived immigrant students as those who 1) are ages 3-21, 2) were not born in a United States (U.S.) state, and 3) have attended U.S. schools for no more than three years. According to the CDE, there were 151,996 students in the 2020-21 school year who met this definition, representing approximately 2.5% of the total enrollment in the state.
Newcomers are a distinct and heterogeneous group country of origin, socioeconomic status, primary language, age at enrollment in California schools, prior academic experience, English proficiency, academic proficiency, and immigration and life experiences. Research has found that newcomers have distinct needs in the areas of English language development, academics, social and emotional development, and basic needs.
According to the Author
"California is proud to be home to so many refugee and immigrant families. However, many of them do not have the resources and guidance they need to be successful here. It is our responsibility to continue to provide them with the support and resources that they need, and to equip their schools and teachers with the tools necessary to meet the unique needs of newcomers. AB 714 will better direct school districts and newcomer students to the support and resources they need to ensure their success in school and beyond."
Arguments in Support
Californians Together writes, "Newcomers, or immigrant students in their first three years of U.S. schools, are a large and underserved student group in California's K-12 system. Unfortunately, our current education system is not designed to be inclusive of newcomers. All too often, newcomer students drop out, or graduate high school without the skills to be college and career ready. Many newcomers were raised in war torn countries or communities that have been devastated by poverty and climate catastrophes. 67% of newcomer students are socioeconomically disadvantaged, and many have experienced trauma and interruptions in formal schooling. Newcomers, 92% of whom are ELs, typically have far lower English proficiency levels than the larger EL student group. To authentically access education, most newcomers require specialized instructional resources, curriculum, administrative practices, school models, social-emotional learning, and community engagement. Accurate data on the status and performance of newcomers is not publicly available. A lack of visibility in data has led to insufficient research, curriculum, and policies that fully address the unique needs of newcomer students. There is a strong and growing demand among districts for meaningful guidance, research, data, and resources to help create these conditions for newcomer success. AB 714 meets this demand by directing the California Department of Education, in consultation with the California Department of Social Services, to develop and issue instructional guidance to support newcomer students and school districts. By reporting on the enrollment and performance of newcomer students, the state and local agencies will have a better idea of how to meet the needs of newcomers and the resources necessary to ensure their success."
Arguments in Opposition
None on file
FISCAL COMMENTS
According to the Senate Appropriations Committee, there could additional, unknown Proposition 98 General Fund costs for LEAs to implement the guidance on newcomer pupils, especially if their entrance and exit criteria from newcomer status are more generous than the proposed definition. They may need to make administrative changes to ensure that newcomer pupils are not denied access to certain courses. Further, the CDE indicates that LEAs would likely need to revise teacher and administrator training, coaching, and evaluation to incorporate a set of expectations relative to practices concerning these students. To the extent that the Commission on State Mandates determines the bill's requirements to be a reimbursable state mandate, there could be pressure to increase the K-12 Mandate Block Grant.
VOTES:
ASM EDUCATION: 7-0-0
YES: Muratsuchi, Megan Dahle, Juan Carrillo, Hoover, Lee, McCarty, Quirk-Silva
ASM APPROPRIATIONS: 11-0-5
YES: Holden, Bryan, Calderon, Wendy Carrillo, Mike Fong, Hart, Lowenthal, Papan, Pellerin, Weber, Ortega
ABS, ABST OR NV: Megan Dahle, Dixon, Mathis, Robert Rivas, Sanchez
ASSEMBLY FLOOR: 80-0-0
YES: Addis, Aguiar-Curry, Alanis, Alvarez, Arambula, Bains, Bauer-Kahan, Bennett, Berman, Boerner, Bonta, Bryan, Calderon, Juan Carrillo, Wendy Carrillo, Cervantes, Chen, Connolly, Megan Dahle, Davies, Dixon, Essayli, Flora, Mike Fong, Vince Fong, Friedman, Gabriel, Gallagher, Garcia, Gipson, Grayson, Haney, Hart, Holden, Hoover, Irwin, Jackson, Jones‑Sawyer, Kalra, Lackey, Lee, Low, Lowenthal, Maienschein, Mathis, McCarty, McKinnor, Muratsuchi, Stephanie Nguyen, Ortega, Pacheco, Papan, Jim Patterson, Joe Patterson, Pellerin, Petrie-Norris, Quirk-Silva, Ramos, Reyes, Luz Rivas, Robert Rivas, Rodriguez, Blanca Rubio, Sanchez, Santiago, Schiavo, Soria, Ta, Ting, Valencia, Villapudua, Waldron, Wallis, Ward, Weber, Wicks, Wilson, Wood, Zbur, Rendon
UPDATED
VERSION: September 8, 2023
CONSULTANT: Tanya Lieberman / ED. / (916) 319-2087 FN: 0002353
SENATE RULES COMMITTEE Office of Senate Floor Analyses (916) 651-1520 Fax: (916) 327-4478 | AB 714 |
THIRD READING
Bill No: AB 714
Author: McCarty (D), et al.
Amended: 9/8/23 in Senate
Vote: 21
SENATE EDUCATION COMMITTEE: 7-0, 7/12/23
AYES: Newman, Ochoa Bogh, Cortese, Glazer, McGuire, Smallwood-Cuevas, Wilk
SENATE APPROPRIATIONS COMMITTEE: 7-0, 9/1/23
AYES: Portantino, Jones, Ashby, Bradford, Seyarto, Wahab, Wiener
ASSEMBLY FLOOR: 80-0, 5/30/23 - See last page for vote
SUBJECT: Pupil instruction: newcomer pupils: curriculum frameworks: high school coursework and graduation requirements: exemptions and alternatives
SOURCE: Californians Together
DIGEST:
This bill requires the California Department of Education (CDE) to curate and maintain on its website information relating to the education of recently arrived immigrant students (newcomers), to annually publish specified information about newcomers on its website, and to maintain at least one position dedicated to helping schools meet the needs of newcomers; requires the Instructional Quality Commission (IQC) to consider adding content to help teachers meet the unique needs of newcomers to the next revision of the English Language Arts (ELA)/English Language Development (ELD) curriculum framework and recommended instructional materials; and modifies the definition of newcomer students to align with the federal definition for purposes of specified educational rights in existing law.
Senate Floor Amendments of 9/8/23 delete the requirement for the CDE to develop and issue guidance and instead require that information be curated and maintained on its website. The amendments additionally provide for data to be disaggregated based on country of origin rather than home language.
ANALYSIS:
Existing law:
- Exempts students participating in a newcomer program who are in their third of fourth year of high school from all coursework and other requirements that are in excess of state graduation requirements, unless a school district makes a finding that a student is reasonably able to complete the school district’s graduation requirements in time to graduate from high school by the end of the student’s fourth year of high school. (Education Code (EC) § 51225.1)
- Requires Local Educational Agencies (LEAs) to allow students participating in a newcomer program who are in their third of fourth year of high school and who can meet state or local graduation requirements in five years to stay enrolled for a fifth year. (EC § 51225.1)
- Requires LEAs to accept and award full or partial credit for coursework satisfactorily completed by students participating in a newcomer program, including those completed in other countries. (EC § 51225.2)
- Defines a “pupil participating in a newcomer program” to mean a student who is participating in a program designed to meet the academic and transitional needs of newly arrived immigrant students that has as a primary objective the development of English language proficiency. (EC § 51225.2)
- Exempts recently arrived immigrant students from the requirement that they be enrolled in core curriculum courses, provided that the student’s course of study is designed to remedy any academic deficits incurred during participation and that the student’s course of study is reasonably calculated to enable that student to attain parity of participation in the standard instructional program within a reasonable length of time. (EC § 60811.8)
- Establishes the California Newcomer Education and Well-Being program, administered by the California Department of Social Services (DSS) in collaboration with the CDE, to provide services for newcomer students, ELs, and immigrant families. (Welfare and Institutions Code (WIC) § 13265)
This bill:
Consideration for IQC
- Requires the IQC to consider, at the next regularly scheduled revision of the curriculum framework in ELA and ELD, including content designed to provide teachers with resources to meet the unique academic and ELD needs of newcomer students at all grade levels, and to ensure that the instructional materials for students in kindergarten or any of grades 1 to 8, inclusive, that it recommends to the state board for adoption include resources for teachers to help them meet these needs.
Identifying newcomers
- Defines “Newcomer pupil” in statute to have the same meaning as “immigrant children and youth” in federal law, which is defined as individuals who:
- Are age three through 21.
- Were not born in any State.
- Have not been attending one or more schools in any one or more states for more than three full academic years.
- Deletes the definition of “Pupil participating in a newcomer program” which means a pupil who is participating in a program designed to meet the academic and transitional needs of newly arrived immigrant pupils that has as a primary objective the development of English language proficiency.
- Replaces references to “pupil participating in a newcomer program” with that of “Newcomer pupil,” in current law, thereby extending specified educational rights to newcomer pupils rather than only those who participate in a newcomer program. These include the right to:
- Be exempted from local graduation requirements or remain enrolled for a fifth year in order to complete those requirements under specified conditions.
- Receive full or partial credit for coursework satisfactorily completed while attending a public school or a school in a country other than the United States.
- Be exempted from the prohibition on being excluded from the core curriculum courses, provided that their course of study is designed to remedy any academic deficits incurred during participation in a newcomer program.
CDE information on requirements and resources for newcomers
- Requires CDE to conduct all of the following activities in support of the education of newcomer pupils:
- Curate and maintain information regarding requirements and best practices for newcomer pupils under current law, and available state and federally funded programs and resources that are supportive of these pupils’ success in school. This bill requires that the information include, but not be limited to, all of the following:
- The requirements relating to coursework exemptions and acceptance of coursework completed at other schools, issuance of credits for coursework, and access to the standard instructional program of a school, as provided.
- The requirement to provide ELD instruction for those newcomer students classified as English learners, and best practices for ELD instruction for newcomer students.
- Local discretion in the grade placement of newcomer students.
- Local discretion to enroll students for more than four years of high school instruction.
- Information about how the use of coursework completed in languages other than English in other countries may fulfill the language course requirement for graduation and the admissions requirements of the University of California and the California State University.
- Resources for the evaluation of foreign transcripts.
- Resources for the support of newcomer students with disabilities.
- Information about the CalNEW program established in current law.
- Information about programs authorized under the California Community Schools Partnership Act.
- Publicly report on an annual basis on its website on newcomer student enrollment, using data currently collected pursuant to federal law, including statewide and LEA and charter school enrollment, disaggregated by country of origin.
- Makes other conforming changes.
- Curate and maintain information regarding requirements and best practices for newcomer pupils under current law, and available state and federally funded programs and resources that are supportive of these pupils’ success in school. This bill requires that the information include, but not be limited to, all of the following:
Comments
- Need for the bill. According to the author, “California is proud to be home to so many refugee and immigrant families. However, many of them do not have the resources and guidance they need to be successful here. It is our responsibility to continue to provide them with the support and resources that they need, and to equip their schools and teachers with the tools necessary to meet the unique needs of newcomers. AB 714 will better direct school districts and newcomer students to the support and resources they need to ensure their success in school and beyond.”
- Curriculum, standards, frameworks, and model curricula. The Legislature has vested the Instructional IQC and State Board of Education (SBE) with authority to develop and adopt state curricula and instructional materials. The IQC develops curriculum frameworks in each subject by convening expert panels, developing drafts, and holding public hearings to solicit input. Changes are frequently made in response to public comments. The SBE then adopts the frameworks in a public meeting. The SBE also adopts, in a public process, instructional materials aligned to those frameworks for grades K-8. School district governing boards and charter schools adopt instructional materials aligned to these standards and frameworks. This process occurs on a regular schedule, giving schools a predictable timetable to plan and budget for changes to the curriculum. Local adoption of new curricula involves significant local costs and investment of resources in professional development.
This bill requires the IQC to consider adding content to help teachers meet the unique needs of newcomers to the next revision of the ELA/ELD curriculum framework and recommended instructional materials.
- Who are newcomers? Newcomers are generally students in their first years of U.S. schooling with varying educational backgrounds, English proficiency or citizenship and immigration statuses. The federal definition of immigrant youth and children is believed to encompass the main characteristics of newcomers—students who are born abroad and have been in US schools for three years or less. Based on this definition, data reported by the Policy Analysis for California Education (PACE) shows that there are 151,996 newcomers in California, of whom 92 percent are English learners, 43 percent identify their home language as Spanish, and 67 percent qualify for free or reduced-price meals. This population represents 13 percent of all English Learners and 2.5 percent of students in California. In state statute, this group is loosely defined as a student who is participating in a program designed to meet the academic and transitional needs of newly arrived immigrant students and has as a primary objective the development of English language proficiency. A newly arrived immigrant can have varying interpretations across California schools. This bill attempts to adopt the federal definition for “immigrant children and youth” as the state’s definition for newcomer students. These changes may help appropriately identify newcomers within California schools for purposes of connecting them to resources and academic supports that will assist in their transition into a new academic and social environment.
- PACE report on newcomer education. Newcomers are those who have recently arrived in the US. In 2022, the PACE produced a report on Newcomer Education in California, which noted that there are between 150,000 and 200,000 immigrant students in the state who have been in US schools for less than three years. These newcomers generally require specialized academic instruction and social services to succeed in school, and despite great efforts, many districts struggle to create these conditions for success. It provided key findings and recommendations for improving newcomer outcomes in California. (See Senate Education Committee analysis for summary of findings and recommendations). The goals of this bill seem to align with the key findings for improving newcomer outcomes outlined in this report.
- Lack of guidance. As highlighted in the PACE report, there is a lack of comprehensive guidance for schools and teachers to effectively deliver instruction and support to newcomers. This bill requires CDE, to curate and maintain information regarding requirements and best practices for newcomers, as well as available state and federally supported programs and resources that promote the academic success of these students. It also requests that the IQC include content designed to provide teachers with resources to meet the unique academic and English language development needs of newcomer students. The reporting requirements in this bill may enable a better understanding of newcomers’ educational achievements and needs. Further, the implementation of such reporting can facilitate informed decision-making and targeted interventions to enhance educational experiences for newcomers.
FISCAL EFFECT: Appropriation: No Fiscal Com.: Yes Local: Yes
According to the Senate Appropriations Committee, there could be additional, unknown Proposition 98 General Fund costs for LEAs to implement the guidance on newcomer pupils, especially if their entrance and exit criteria from newcomer status are more generous than the proposed definition. They may need to make administrative changes to ensure that newcomer pupils are not denied access to certain courses. Further, the CDE indicates that LEAs would likely need to revise teacher and administrator training, coaching, and evaluation to incorporate a set of expectations relative to practices concerning these students. To the extent that the Commission on State Mandates determines this bill’s requirements to be a reimbursable state mandate, there could be pressure to increase the K-12 Mandate Block Grant.
SUPPORT: (Verified 9/2/23)
Californians Together (source)
California Association for Bilingual Education
California Federation of Teachers
California Teachers Association
Children Now
Hispanas Organized for Political Equality
Kids in Need of Defense
Northern California College Promise Coalition
Office of the Riverside County Superintendent of Schools
Public Advocates
Riverside County Public K-12 School District Superintendents
San Diego Unified School District
The Education Trust - West
UNITE-LA
OPPOSITION: (Verified 9/2/23)
None received
ASSEMBLY FLOOR: 80-0, 5/30/23
AYES: Addis, Aguiar-Curry, Alanis, Alvarez, Arambula, Bains, Bauer-Kahan, Bennett, Berman, Boerner, Bonta, Bryan, Calderon, Juan Carrillo, Wendy Carrillo, Cervantes, Chen, Connolly, Megan Dahle, Davies, Dixon, Essayli, Flora, Mike Fong, Vince Fong, Friedman, Gabriel, Gallagher, Garcia, Gipson, Grayson, Haney, Hart, Holden, Hoover, Irwin, Jackson, Jones-Sawyer, Kalra, Lackey, Lee, Low, Lowenthal, Maienschein, Mathis, McCarty, McKinnor, Muratsuchi, Stephanie Nguyen, Ortega, Pacheco, Papan, Jim Patterson, Joe Patterson, Pellerin, Petrie-Norris, Quirk-Silva, Ramos, Reyes, Luz Rivas, Robert Rivas, Rodriguez, Blanca Rubio, Sanchez, Santiago, Schiavo, Soria, Ta, Ting, Valencia, Villapudua, Waldron, Wallis, Ward, Weber, Wicks, Wilson, Wood, Zbur, Rendon
Prepared by: Olgalilia Ramirez / ED. / (916) 651-4105
9/11/23 12:48:40
**** END ****
SENATE RULES COMMITTEE Office of Senate Floor Analyses (916) 651-1520 Fax: (916) 327-4478 | AB 714 |
THIRD READING
Bill No: AB 714
Author: McCarty (D), et al.
Amended: 9/1/23 in Senate
Vote: 21
SENATE EDUCATION COMMITTEE: 7-0, 7/12/23
AYES: Newman, Ochoa Bogh, Cortese, Glazer, McGuire, Smallwood-Cuevas, Wilk
SENATE APPROPRIATIONS COMMITTEE: 7-0, 9/1/23
AYES: Portantino, Jones, Ashby, Bradford, Seyarto, Wahab, Wiener
ASSEMBLY FLOOR: 80-0, 5/30/23 - See last page for vote
SUBJECT: Pupil instruction: newcomer pupils: curriculum frameworks: high school coursework and graduation requirements: exemptions and alternatives
SOURCE: Californians Together
DIGEST:
This bill requires the California Department of Education (CDE) to issue guidance relating to the education of recently arrived immigrant students (newcomers), to annually publish specified information about newcomers on its website, and to maintain at least one position dedicated to helping schools meet the needs of newcomers; requires the Instructional Quality Commission (IQC) to consider adding content to help teachers meet the unique needs of newcomers to the next revision of the English Language Arts (ELA)/English Language Development (ELD) curriculum framework and recommended instructional materials; and modifies the definition of newcomer students to align with the federal definition for purposes of specified educational rights in existing law.
ANALYSIS:
Existing law:
- Exempts students participating in a newcomer program who are in their third of fourth year of high school from all coursework and other requirements that are in excess of state graduation requirements, unless a school district makes a finding that a student is reasonably able to complete the school district’s graduation requirements in time to graduate from high school by the end of the student’s fourth year of high school. (Education Code (EC) § 51225.1)
- Requires Local Educational Agencies (LEAs) to allow students participating in a newcomer program who are in their third of fourth year of high school and who can meet state or local graduation requirements in five years to stay enrolled for a fifth year. (EC § 51225.1)
- Requires LEAs to accept and award full or partial credit for coursework satisfactorily completed by students participating in a newcomer program, including those completed in other countries. (EC § 51225.2)
- Defines a “pupil participating in a newcomer program” to mean a student who is participating in a program designed to meet the academic and transitional needs of newly arrived immigrant students that has as a primary objective the development of English language proficiency. (EC § 51225.2)
- Exempts recently arrived immigrant students from the requirement that they be enrolled in core curriculum courses, provided that the student’s course of study is designed to remedy any academic deficits incurred during participation and that the student’s course of study is reasonably calculated to enable that student to attain parity of participation in the standard instructional program within a reasonable length of time. (EC § 60811.8)
- Establishes the California Newcomer Education and Well-Being program, administered by the California Department of Social Services (DSS) in collaboration with the CDE, to provide services for newcomer students, ELs, and immigrant families. (Welfare and Institutions Code (WIC) § 13265)
This bill:
Consideration for IQC
- Requires the IQC to consider, at the next regularly scheduled revision of the curriculum framework in ELA and ELD, including content designed to provide teachers with resources to meet the unique academic and ELD needs of newcomer students at all grade levels, and to ensure that the instructional materials for students in kindergarten or any of grades 1 to 8, inclusive, that it recommends to the state board for adoption include resources for teachers to help them meet these needs.
Identifying newcomers
- Defines “Newcomer pupil” in statute to have the same meaning as “immigrant children and youth” in federal law, which is defined as individuals who:
- Are age three through 21.
- Were not born in any State.
- Have not been attending one or more schools in any one or more states for more than three full academic years.
- Deletes the definition of “Pupil participating in a newcomer program” which means a pupil who is participating in a program designed to meet the academic and transitional needs of newly arrived immigrant pupils that has as a primary objective the development of English language proficiency.
- Replaces references to “pupil participating in a newcomer program” with that of “Newcomer pupil,” in current law, thereby extending specified educational rights to newcomer pupils rather than only those who participate in a newcomer program. These include the right to:
- Be exempted from local graduation requirements or remain enrolled for a fifth year in order to complete those requirements under specified conditions.
- Receive full or partial credit for coursework satisfactorily completed while attending a public school or a school in a country other than the United States.
- Be exempted from the prohibition on being excluded from the core curriculum courses, provided that their course of study is designed to remedy any academic deficits incurred during participation in a newcomer program.
CDE guidance on requirements and resources for newcomers
- Requires CDE to conduct all of the following activities in support of the education of newcomer pupils:
- Develop and issue guidance regarding requirements and best practices for newcomer pupils under current law, and available state and federally funded programs and resources that are supportive of these pupils’ success in school. The bill requires that the guidance include, but not be limited to, all of the following:
- The requirements relating to coursework exemptions and acceptance of coursework completed at other schools, issuance of credits for coursework, and access to the standard instructional program of a school, as provided.
- The requirement to provide ELD instruction for those newcomer students classified as English learners, and best practices for ELD instruction for newcomer students.
- Local discretion in the grade placement of newcomer students.
- Local discretion to enroll students for more than four years of high school instruction.
- Information about how the use of coursework completed in languages other than English in other countries may fulfill the language course requirement for graduation and the admissions requirements of the University of California and the California State University.
- Resources for the evaluation of foreign transcripts.
- Resources for the support of newcomer students with disabilities.
- Information about the CalNEW program established in current law.
- Information about programs authorized under the California Community Schools Partnership Act.
- Publicly report on an annual basis on its website on newcomer student enrollment, using data currently collected pursuant to federal law, including statewide and LEA and charter school enrollment, disaggregated by home language.
- Makes other conforming changes.
- Develop and issue guidance regarding requirements and best practices for newcomer pupils under current law, and available state and federally funded programs and resources that are supportive of these pupils’ success in school. The bill requires that the guidance include, but not be limited to, all of the following:
Comments
- Need for the bill. According to the author, “California is proud to be home to so many refugee and immigrant families. However, many of them do not have the resources and guidance they need to be successful here. It is our responsibility to continue to provide them with the support and resources that they need, and to equip their schools and teachers with the tools necessary to meet the unique needs of newcomers. AB 714 will better direct school districts and newcomer students to the support and resources they need to ensure their success in school and beyond.”
- Curriculum, standards, frameworks, and model curricula. The Legislature has vested the Instructional IQC and State Board of Education (SBE) with authority to develop and adopt state curricula and instructional materials. The IQC develops curriculum frameworks in each subject by convening expert panels, developing drafts, and holding public hearings to solicit input. Changes are frequently made in response to public comments. The SBE then adopts the frameworks in a public meeting. The SBE also adopts, in a public process, instructional materials aligned to those frameworks for grades K-8. School district governing boards and charter schools adopt instructional materials aligned to these standards and frameworks. This process occurs on a regular schedule, giving schools a predictable timetable to plan and budget for changes to the curriculum. Local adoption of new curricula involves significant local costs and investment of resources in professional development.
This bill requires the IQC to consider adding content to help teachers meet the unique needs of newcomers to the next revision of the ELA/ELD curriculum framework and recommended instructional materials.
- Who are newcomers? Newcomers are generally students in their first years of U.S. schooling with varying educational backgrounds, English proficiency or citizenship and immigration statuses. The federal definition of immigrant youth and children is believed to encompass the main characteristics of newcomers—students who are born abroad and have been in US schools for 3 years or less. Based on this definition, data reported by the Policy Analysis for California Education (PACE) shows that there are 151,996 newcomers in California, of whom 92 percent are English learners, 43 percent identify their home language as Spanish, and 67 percent qualify for free or reduced-price meals. This population represents 13 percent of all English Learners and 2.5 percent of students in California. In state statute, this group is loosely defined as a student who is participating in a program designed to meet the academic and transitional needs of newly arrived immigrant students and has as a primary objective the development of English language proficiency. A newly arrived immigrant can have varying interpretations across California schools. This bill attempts to adopt the federal definition for “immigrant children and youth” as the state’s definition for newcomer students. These changes may help appropriately identify newcomers within California schools for purposes of connecting them to resources and academic supports that will assist in their transition into a new academic and social environment.
- PACE report on newcomer education. Newcomers are those who have recently arrived in the US. In 2022, the PACE produced a report on Newcomer Education in California, which noted that there are between 150,000 and 200,000 immigrant students in the state who have been in US schools for less than 3 years. These newcomers generally require specialized academic instruction and social services to succeed in school, and despite great efforts, many districts struggle to create these conditions for success. It provided key findings and recommendations for improving newcomer outcomes in California. (See Senate Education Committee analysis for summary of findings and recommendations). The goals of this bill seem to align with the key findings for improving newcomer outcomes outlined in this report.
- Lack of guidance. As highlighted in the PACE report, there is a lack of comprehensive guidance for schools and teachers to effectively deliver instruction and support to newcomers. This bill would require CDE, in consultation with DSS, to develop and issue guidance regarding requirements and best practices for newcomers, as well as available state and federally supported programs and resources that promote the academic success of these students. It also requests that the IQC include content designed to provide teachers with resources to meet the unique academic and English language development needs of newcomer students. The reporting requirements in the bill may enable a better understanding of newcomers’ educational achievements and needs. Further, the implementation of such reporting can facilitate informed decision-making and targeted interventions to enhance educational experiences for newcomers.
FISCAL EFFECT: Appropriation: No Fiscal Com.: Yes Local: Yes
According to the Senate Appropriations Committee, there could additional, unknown Proposition 98 General Fund costs for LEAs to implement the guidance on newcomer pupils, especially if their entrance and exit criteria from newcomer status are more generous than the proposed definition. They may need to make administrative changes to ensure that newcomer pupils are not denied access to certain courses. Further, the CDE indicates that LEAs would likely need to revise teacher and administrator training, coaching, and evaluation to incorporate a set of expectations relative to practices concerning these students. To the extent that the Commission on State Mandates determines the bill’s requirements to be a reimbursable state mandate, there could be pressure to increase the K-12 Mandate Block Grant.
SUPPORT: (Verified 9/2/23)
Californians Together (source)
California Association for Bilingual Education
California Federation of Teachers
California Teachers Association
Children Now
Hispanas Organized for Political Equality
Kids in Need of Defense
Northern California College Promise Coalition
Office of the Riverside County Superintendent of Schools
Public Advocates
Riverside County Public K-12 School District Superintendents
San Diego Unified School District
The Education Trust - West
UNITE-LA
OPPOSITION: (Verified 9/2/23)
None received
ASSEMBLY FLOOR: 80-0, 5/30/23
AYES: Addis, Aguiar-Curry, Alanis, Alvarez, Arambula, Bains, Bauer-Kahan, Bennett, Berman, Boerner, Bonta, Bryan, Calderon, Juan Carrillo, Wendy Carrillo, Cervantes, Chen, Connolly, Megan Dahle, Davies, Dixon, Essayli, Flora, Mike Fong, Vince Fong, Friedman, Gabriel, Gallagher, Garcia, Gipson, Grayson, Haney, Hart, Holden, Hoover, Irwin, Jackson, Jones-Sawyer, Kalra, Lackey, Lee, Low, Lowenthal, Maienschein, Mathis, McCarty, McKinnor, Muratsuchi, Stephanie Nguyen, Ortega, Pacheco, Papan, Jim Patterson, Joe Patterson, Pellerin, Petrie-Norris, Quirk-Silva, Ramos, Reyes, Luz Rivas, Robert Rivas, Rodriguez, Blanca Rubio, Sanchez, Santiago, Schiavo, Soria, Ta, Ting, Valencia, Villapudua, Waldron, Wallis, Ward, Weber, Wicks, Wilson, Wood, Zbur, Rendon
Prepared by: Olgalilia Ramirez / ED. / (916) 651-4105
9/4/23 9:28:10
**** END ****
SENATE COMMITTEE ON
Senator Anthony Portantino, Chair
2023 - 2024 Regular Session
AB 714 (McCarty) - Pupil instruction: newcomer pupils: curriculum frameworks: high school coursework and graduation requirements: exemptions and alternatives
Version: | Policy Vote: |
Urgency: | Mandate: |
Hearing Date: | Consultant: |
Bill Summary:
This bill would make several changes in law regarding recently arrived immigrant students (newcomers), including the requirements for the California Department of Education (CDE) to issue guidance relating to the education of newcomers and to maintain at least one position dedicated to helping schools meet the needs of newcomers.
*********** ANALYSIS ADDENDUM – SUSPENSE FILE ***********
The following information is revised to reflect amendments
adopted by the committee on September 1, 2023
Fiscal Impact:
There could additional, unknown Proposition 98 General Fund costs for LEAs to implement the guidance on newcomer pupils, especially if their entrance and exit criteria from newcomer status are more generous than the proposed definition. They may need to make administrative changes to ensure that newcomer pupils are not denied access to certain courses. Further, the CDE indicates that LEAs would likely need to revise teacher and administrator training, coaching, and evaluation to incorporate a set of expectations relative to practices concerning these students. To the extent that the Commission on State Mandates determines the bill’s requirements to be a reimbursable state mandate, there could be pressure to increase the K-12 Mandate Block Grant.
Author Amendments:
Remove the performance data requirements, as specified.
-- END --
SENATE COMMITTEE ON APPROPRIATIONS
Senator Anthony Portantino, Chair
2023 - 2024 Regular Session
AB 714 (McCarty) - Pupil instruction: newcomer pupils: curriculum frameworks: high school coursework and graduation requirements: exemptions and alternatives
Version: May 18, 2023 | Policy Vote: ED. 7 - 0 |
Urgency: No | Mandate: Yes |
Hearing Date: August 14, 2023 | Consultant: Lenin Del Castillo |
Bill Summary:
This bill would make several changes in law regarding recently arrived immigrant students (newcomers), including the requirements for the California Department of Education (CDE) to issue guidance relating to the education of newcomers and to maintain at least one position dedicated to helping schools meet the needs of newcomers.
Fiscal Impact:
While several provisions of the bill would be contingent upon an a
- ppropriation, they could result in significant General Fund cost pressures. Specifically, the CDE estimates ongoing costs of $516,000 each year for 3.0 research data scientist positions to disaggregate a report and develop new reporting categories that are not currently included on newcomer pupils. Additionally, the CDE indicates there would be ongoing costs of $184,000 each year to hire 1.0 consultant dedicated to supporting local educational agencies (LEAs) in serving these students. Further, there would be one-time costs of $836,000 to develop and publish guidance on newcomer pupils.
- There could additional, unknown Proposition 98 General Fund costs for LEAs to implement the guidance on newcomer pupils, especially if their entrance and exit criteria from newcomer status are more generous than the proposed definition. They may need to make administrative changes to ensure that newcomer pupils are not denied access to certain courses. Further, the CDE indicates that LEAs would likely need to revise teacher and administrator training, coaching, and evaluation to incorporate a set of expectations relative to practices concerning these students. To the extent that the Commission on State Mandates determines the bill’s requirements to be a reimbursable state mandate, there could be pressure to increase the K-12 Mandate Block Grant.
Background:
Existing law exempts students participating in a newcomer program who are in their third of fourth year of high school from all coursework and other requirements that are in excess of state graduation requirements, unless a school district makes a finding that a student is reasonably able to complete the school district’s graduation requirements in time to graduate from high school by the end of the student’s fourth year of high school.
Existing law requires local educational agencies (LEAs) to allow students participating in a newcomer program who are in their third of fourth year of high school and who can meet state or local graduation requirements in five years to stay enrolled for a fifth year.
Existing law requires LEAs to accept and award full or partial credit for coursework satisfactorily completed by students participating in a newcomer program, including those completed in other countries.
Existing law defines a “pupil participating in a newcomer program” to mean a student who is participating in a program designed to meet the academic and transitional needs of newly arrived immigrant students that has as a primary objective the development of English language proficiency.
Existing law exempts recently arrived immigrant students from the requirement that they be enrolled in core curriculum courses, provided that the student’s course of study is designed to remedy any academic deficits incurred during participation and that the student’s course of study is reasonably calculated to enable that student to attain parity of participation in the standard instructional program within a reasonable length of time.
Proposed Law:
This bill requires the IQC to consider, at the next regularly scheduled revision of the curriculum framework in English Language Arts and English Development, including content designed to provide teachers with resources to meet the unique academic and English language development needs of newcomer students at all grade levels, and to ensure that the instructional materials for students in kindergarten or any of grades 1 to 8, inclusive, that it recommends to the state board for adoption include resources for teachers to help them meet these needs.
This bill defines “newcomer pupil” in statute to have the same meaning as “immigrant children and youth” in federal law, which is defined as individuals who are age three through 21, were not born in any state, and have not been attending one or more schools in any one or more states for more than 3 full academic years.
This bill deletes the definition of “pupil participating in a newcomer program” which means a pupil who is participating in a program designed to meet the academic and transitional needs of newly arrived immigrant pupils that has as a primary objective the development of English language proficiency. It also replaces references to “pupil participating in a newcomer program” with that of “newcomer pupil,” in current law, thereby extending specified educational rights to newcomer pupils rather than only those who participate in a newcomer program. These include the right to be exempted from local graduation requirements or remain enrolled for a fifth year in order to complete those requirements under specified conditions and receive full or partial credit for coursework satisfactorily completed while attending a public school or a school in a country other than the United States.
This bill requires CDE, subject to an appropriation, to conduct all of the following activities in support of the education of newcomer pupils:
- Develop and issue guidance, in consultation with the DSS, regarding requirements and best practices for newcomer pupils under current law, and available state and federally funded programs and resources that are supportive of these pupils’ success in school. The bill requires that the guidance include specified components, including the requirements relating to coursework exemptions and acceptance of coursework completed at other schools, issuance of credits for coursework, and access to the standard instructional program of a school, as provided, and the requirement to provide English language development instruction for those newcomer students classified as English learners, and best practices for English language development instruction for newcomer students.
- Publicly report on an annual basis on its website on newcomer student enrollment, using data currently collected pursuant to federal law, including statewide and LEA and charter school enrollment, disaggregated by enrollment in kindergarten and grades 1 to 8, inclusive, enrollment in grades 9 to 12, inclusive, English learner classification, and eligibility for free or reduced-price meals.
- Publicly report on an annual basis on its website on the statewide performance of newcomer students on the California Assessment of Student Performance and Progress (CAASPP) assessments and the statewide assessment of English proficiency, and rates of graduation, chronic absenteeism, suspension, and college and career readiness.
- Maintain at least one position dedicated to supporting LEAs, including charter schools, in serving newcomer students, as specified.
-- END --
SENATE COMMITTEE ON EDUCATION
Senator Josh Newman, Chair
2023 - 2024 Regular
Bill No: Hearing Date: July 12, 2023
Author: | McCarty | ||
Version: |
| ||
Urgency: | Fiscal: | ||
Consultant: | |||
Subject: .
SUMMARY
This bill requires the California Department of Education (CDE) to issue guidance relating to the education of recently arrived immigrant students (newcomers), to annually publish specified information about newcomers on its website, and to maintain at least one position dedicated to helping schools meet the needs of newcomers; requires the Instructional Quality Commission (IQC) to consider adding content to help teachers meet the unique needs of newcomers to the next revision of the English Language Arts (ELA)/English Language Development (ELD) curriculum framework and recommended instructional materials; and modifies the definition of newcomer students to align with the federal definition for purposes of specified educational rights in existing law.
BACKGROUND
Existing law:
1) Exempts students participating in a newcomer program who are in their third of fourth year of high school from all coursework and other requirements that are in excess of state graduation requirements, unless a school district makes a finding that a student is reasonably able to complete the school district’s graduation requirements in time to graduate from high school by the end of the student’s fourth year of high school. (Education Code (EC) § 51225.1)
2) Requires Local Educational Agencies (LEAs) to allow students participating in a newcomer program who are in their third of fourth year of high school and who can meet state or local graduation requirements in five years to stay enrolled for a fifth year. (EC § 51225.1)
3) Requires LEAs to accept and award full or partial credit for coursework satisfactorily completed by students participating in a newcomer program, including those completed in other countries. (EC § 51225.2)
4) Defines a “pupil participating in a newcomer program” to mean a student who is participating in a program designed to meet the academic and transitional needs of newly arrived immigrant students that has as a primary objective the development of English language proficiency. (EC § 51225.2)
5) Exempts recently arrived immigrant students from the requirement that they be enrolled in core curriculum courses, provided that the student’s course of study is designed to remedy any academic deficits incurred during participation and that the student’s course of study is reasonably calculated to enable that student to attain parity of participation in the standard instructional program within a reasonable length of time. (EC § 60811.8)
6) Establishes the California Newcomer Education and Well-Being program,
administered by the California Department of Social Services (DSS) in collaboration with the CDE, to provide services for newcomer students, ELs, and immigrant families. (Welfare and Institutions Code (WIC) § 13265)
7) Requires the DSS to allocate funding to LEAs with significant numbers of newcomer students, or a significant population of EL students, to plan, design, and implement academic and social support services for the purpose of improving students’ academic engagement and social and emotional well-being. Gives the DSS sole discretion to determine which LEAs and services to fund. (WIC § 13265)
8) Requires the DSS to contract to conduct a formal evaluation of the CalNEW program and to provide technical assistance to support implementation of the program. (WIC 13265)
9) For purposes of the CalNEW program, defines “newcomer pupil” to have the same meaning as “immigrant children and youth” as defined federal law. (WIC § 13265)
10) Requires the CDE to cooperate with the DSS to provide all data, data systems, and source code it requests for the purpose of effectively operating this program. (WIC § 13265)
ANALYSIS
This bill:
Consideration for IQC
- Requires the IQC to consider, at the next regularly scheduled revision of the curriculum framework in English Language Arts and English Development, including content designed to provide teachers with resources to meet the unique academic and English language development needs of newcomer students at all grade levels, and to ensure that the instructional materials for students in kindergarten or any of grades 1 to 8, inclusive, that it recommends to the state board for adoption include resources for teachers to help them meet these needs.
Identifying newcomers
- Defines “Newcomer pupil” in statute to have the same meaning as “immigrant children and youth” in federal law, which is defined as individuals who:
- Are age three through 21.
- Were not born in any State.
- Have not been attending one or more schools in any one or more states
for more than 3 full academic years.
- Deletes the definition of “Pupil participating in a newcomer program” which means a pupil who is participating in a program designed to meet the academic and transitional needs of newly arrived immigrant pupils that has as a primary objective the development of English language proficiency.
- Replaces references to “pupil participating in a newcomer program” with that of “Newcomer pupil,” in current law, thereby extending specified educational rights to newcomer pupils rather than only those who participate in a newcomer program. These include the right to:
- Be exempted from local graduation requirements or remain enrolled for a
fifth year in order to complete those requirements under specified conditions.
- Receive full or partial credit for coursework satisfactorily completed while
attending a public school or a school in a country other than the United States.
- Be exempted from the prohibition on being excluded from the core
curriculum courses, provided that their course of study is designed to remedy any academic deficits incurred during participation in a newcomer program.
CDE guidance on requirements and resources for newcomers
- Requires CDE, subject to an appropriation for this purpose, to conduct all of the following activities in support of the education of newcomer pupils:
- In consultation with the DSS, develop and issue guidance regarding
requirements and best practices for newcomer pupils under current law, and available state and federally funded programs and resources that are supportive of these pupils’ success in school. The bill requires that the guidance include, but not be limited to, all of the following:
- The requirements relating to coursework exemptions and
acceptance of coursework completed at other schools, issuance of credits for coursework, and access to the standard instructional program of a school, as provided.
- The requirement to provide English language development
instruction for those newcomer students classified as English learners, and best practices for English language development instruction for newcomer students.
- Local discretion in the grade placement of newcomer students.
- Local discretion to enroll students for more than four years of high
school instruction.
- Information about how the use of coursework completed in
languages other than English in other countries may fulfill the language course requirement for graduation and the admissions requirements of the University of California and the California State University.
- Resources for the evaluation of foreign transcripts.
- Resources for the support of newcomer students with disabilities.
- Information about the CalNEW program established in current law.
- Information about programs authorized under the Community
Schools Partnership Act.
- Publicly report on an annual basis on its website on newcomer student
enrollment, using data currently collected pursuant to federal law, including statewide and LEA and charter school enrollment, disaggregated by enrollment in kindergarten and grades 1 to 8, inclusive, enrollment in grades 9 to 12, inclusive, English learner classification, and eligibility for free or reduced-price meals.
- Publicly report on an annual basis on its website on the statewide
performance of newcomer students on the California Assessment of Student Performance and Progress (CAASPP) assessments and the statewide assessment of English proficiency, and rates of graduation, chronic absenteeism, suspension, and college and career readiness.
- Maintain at least one position dedicated to supporting LEAs, including
charter schools, in serving newcomer students, as specified.
c) Makes other conforming changes.
STAFF COMMENTS
- Need for the bill. According to the author, “California is proud to be home to so many refugee and immigrant families. However, many of them do not have the resources and guidance they need to be successful here. It is our responsibility to continue to provide them with the support and resources that they need, and to equip their schools and teachers with the tools necessary to meet the unique needs of newcomers. AB 714 will better direct school districts and newcomer students to the support and resources they need to ensure their success in school and beyond.”
- Curriculum, standards, frameworks, and model curricula. The Legislature has vested the Instructional IQC and State Board of Education (SBE) with authority to develop and adopt state curricula and instructional materials. The IQC develops curriculum frameworks in each subject by convening expert panels, developing drafts, and holding public hearings to solicit input. Changes are frequently made in response to public comments. The SBE then adopts the frameworks in a public meeting. The SBE also adopts, in a public process, instructional materials aligned to those frameworks for grades K-8. School district governing boards and charter schools adopt instructional materials aligned to these standards and frameworks. This process occurs on a regular schedule, giving schools a predictable timetable to plan and budget for changes to the curriculum. Local adoption of new curricula involves significant local costs and investment of resources in professional development.
These existing processes involve practitioners and experts who have an in-depth understanding of curriculum and instruction, including the full scope and sequence of the curriculum in each subject and at each grade level, constraints on instructional time and resources, and the relationship of curriculum to state assessments and other measures of student progress.
Model curricula were first developed in the 1990s to provide educators the means to teach about a topic in an in-depth manner voluntarily. At that time, few Internet resources were available for this purpose. Until 2016, only two model curricula were required to be developed.
Recent legislation has required the development of numerous model curricula. In 2021, the state changed the process for developing model curricula through the budget. County Offices of Education are now responsible for producing model curricula through open-source, accessible resources available to California schools. The IQC and SBE no longer develop or approves model curricula.
The committee on March 15, 2023, adopted the joint Assembly and Senate curriculum policy of 2023-24 that discourages the introduction of policy bills that propose to require, or require consideration of, modifications to state curriculum frameworks to require that specified content be taught or to require the development of new model curricula.
This bill does not violate the joint curriculum policy, as it requires the IQC to consider adding content to help teachers meet the unique needs of newcomers to the next revision of the ELA/ELD curriculum framework and recommended instructional materials.
- Who are newcomers? Newcomers are generally students in their first years of U.S. schooling with varying educational backgrounds, English proficiency or citizenship and immigration statuses. The federal definition of immigrant youth and children is believed to encompass the main characteristics of newcomers—students who are born abroad and have been in US schools for 3 years or less. Based on this definition, data reported by the Policy Analysis for California Education (PACE) shows that there are 151,996 newcomers in California, of whom 92 percent are English learners, 43 percent identify their home language as Spanish, and 67 percent qualify for free or reduced-price meals. This population represents 13 percent of all English Learners and 2.5 percent of students in California. In state statute, this group is loosely defined as a student who is participating in a program designed to meet the academic and transitional needs of newly arrived immigrant students and has as a primary objective the development of English language proficiency. A newly arrived immigrant can have varying interpretations across California schools. This bill attempts to adopt the federal definition for “immigrant children and youth” as the state’s definition for newcomer students. These changes may help appropriately identify newcomers within California schools for purposes of connecting them to resources and academic supports that will assist in their transition into a new academic and social environment.
- PACE report on newcomer education. Newcomers are those who have recently arrived in the US. In 2022, the PACE produced a report on Newcomer Education in California, which noted that there are between 150,000 and 200,000 immigrant students in the state who have been in U.S. schools for less than 3 years. These newcomers generally require specialized academic instruction and social services to succeed in school, and despite great efforts, many districts struggle to create these conditions for success. It provided the following three key findings and recommendations for improving newcomer outcomes in California:
Findings
- Instruction: Schools and districts seek support for effective instruction and program models. Many of the state’s newcomers are unable to access effective instruction in their schools. Specialized resources and programming are necessary for newcomer success; curriculum, administrative practices, school models, social-emotional learning, and community engagement. There is strong demand for research, the development of instructional resources, professional development, and implementation assistance in this area.
- Social support services: Newcomers’ basic needs require assistance from multiple partner organizations. Newcomers are unable to attend school consistently if their basic needs are unmet, which leads many districts to seek support for providing essential social services to their students. Nonprofits, local government agencies, and faith-based organizations have partnered with school districts to serve newcomers with legal services, housing, food, health care, and so on. The DSS administers social support services for some immigrant student subgroups and awards grants to districts through the CalNEW program. Some newcomers are succeeding with the support of partner organizations, but districts need more partners to reach all of their students.
- Data: Lack of data makes it challenging for newcomers to be seen by education leaders, policymakers, researchers, and curriculum developers. Data on newcomers is sparse, as newcomers do not exist as a distinct subgroup for state or federal academic accountability purposes. This lack of visibility in the data may help explain the lack of research, curriculum, and policy addressing newcomers’ unique needs.
Recommendations for state action
- Build state leadership capacity specific to newcomer education, including institutionalizing collaboration between CDE and DSS.
- Update data definitions, formulas, and systems.
- Invest in resources, support, and knowledge for newcomer education, including investing in open curriculum and instructional resources for newcomer education.
The goals of this bill seem to align with the key findings for improving newcomer outcomes outlined in this report.
- Lack of guidance. As highlighted in the PACE report, there is a lack of comprehensive guidance for schools and teachers to effectively deliver instruction and support to newcomers. This bill would require CDE, in consultation with DSS, to develop and issue guidance regarding requirements and best practices for newcomers, as well as available state and federally supported programs and resources that promote the academic success of these students. It also requests that the IQC include content designed to provide teachers with resources to meet the unique academic and English language development needs of newcomer students. The reporting requirements in the bill may enable a better understanding of newcomers’ educational achievements and needs. Further, the implementation of such reporting can facilitate informed decision-making and targeted interventions to enhance educational experiences for newcomers.
SUPPORT
California Association for Bilingual Education
California Teachers Association
Children Now
Hispanas Organized for Political Equality
Kids in Need of Defense
Office of The Riverside County Superintendent of Schools
Public Advocates
Riverside County Public K-12 School District Superintendents
San Diego Unified School District
The Education Trust - West
Unite-LA
OPPOSITION
None received
-- END --
ASSEMBLY THIRD READING
ATR Bill Id:AB 714
Author:(McCarty)
As Amended Ver:May 18, 2023
Majority vote
SUMMARY
Requires the California Department of Education (CDE) to issue guidance relating to the education of recently arrived immigrant students (newcomers), to annually publish specified information about newcomers on its website, and to maintain at least one position dedicated to helping schools meet the needs of newcomers; requires the Instructional Quality Commission (IQC) to consider adding content to help teachers meet the unique needs of newcomers to the next revision of the English Language Arts (ELA)/English Language Development (ELD) curriculum framework and recommended instructional materials; and revises the definition of newcomers to align with the federal definition for purposes of specified educational rights in existing law.
Major Provisions
- Requires that, at the next regularly scheduled revision of the curriculum framework in ELA and ELD, the IQC consider including content designed to provide teachers with resources to meet the unique academic and English language development needs of newcomer students at all grade levels, and to ensure that the instructional materials for students in kindergarten or any of grades 1 to 8, inclusive, that it recommends to the State Board of Education (SBE) for adoption include resources for teachers to help them meet these needs.
- Defines "newcomer pupil" to have the same meaning as "immigrant children and youth," in federal law, which is defined as being aged 3 to 21 years, being born outside of the United States (U.S.), and having been enrolled in U.S. schools for less than three years.
- Requires the CDE, in consultation with the State Department of Social Services (DSS), to develop and issue guidance regarding requirements and best practices for newcomer students under current law, and available state and federally funded programs and resources that are supportive of these students' success in school. Requires this guidance to include the following:
- Requirements in existing law relating to newcomers' rights to waiving of local graduation requirements, right to remain enrolled for a fifth year or instruction, right to be awarded partial credit and credit from courses completed in other countries, and the exemption from the requirement that ELs be given access to core curriculum courses in middle and high school, under specified conditions;
- The requirement to provide ELD instruction for those newcomer students classified as ELs, and best practices for ELD instruction for newcomer students;
- Local discretion in grade placement of newcomer students;
- Local discretion to enroll students for more than four years of high school instruction;
- Information about how the use of coursework completed in languages other than English in other countries may fulfill the world language course requirement for graduation and the admissions requirements of the University of California (UC) and the California State University (CSU);
- Resources for the evaluation of foreign transcripts;
- Resources for support of newcomer students with disabilities; and
- Information about the California Newcomer Education and Well-Being Program (CalNEW) program; and
- Information about programs authorized under the Community Schools Partnership Act.
- Requires the CDE to publicly report on an annual basis on its website on:
- The enrollment of newcomer students, using data currently collected pursuant to federal law, including statewide and local educational agency and charter school enrollment, disaggregated by enrollment in kindergarten and grades 1 to 8, inclusive, enrollment in grades 9 to 12, inclusive, English learner classification, and eligibility for free or reduced-priced meals.
- The statewide performance of newcomer students on the California Assessment of Student Performance and Progress (CAASPP) assessments, the English Language Proficiency Assessments for California (ELPAC), and rates of graduation, chronic absenteeism, suspension, and college and career readiness.
- Requires the CDE to maintain at least one position dedicated to supporting LEAs and charter schools in serving newcomer students. This may include collaborating with, and providing data to, the DSS for purposes of administering the CalNEW program.
- Revises the definition of newcomer student, for purposes of specified educational rights, from "pupil enrolled in a newcomer program" to the federal definition of newcomer student, including the right to:
- Be exempted from local graduation requirements or remain enrolled for a fifth year in order to complete those requirements, under specified conditions;
- Receive full or partial credit for coursework satisfactorily completed while attending a public school or a school in a country other than the United States; and
- Be exempted from the prohibition on being excluded from core curriculum courses, provided that their course of study is designed to remedy any academic deficits incurred during participation in a newcomer program.
- Makes implementation of these requirements contingent upon an appropriation for its purposes.
COMMENTS
First landscape analysis on newcomer education policy in California. A policy brief by Policy Analysis for California Education (PACE), titled "Newcomer Education in California," (PACE, 2023) provides the first comprehensive look at California newcomers and their educational needs. Using data from the CDE, the brief discusses what is known about this population of students, and makes recommendations for state policy to improve their educational outcomes and well-being.
This brief is one product of a Research-Practice-Policy Partnership (RPPP) convened by PACE in 2021 and 2022, which brought together policymakers, researchers, and practitioners to leverage each sector's resources and expertise to improve the education of newcomers. The PACE brief contains three key findings:
- Schools need support to implement effective instruction and program models;
- Newcomers' basic needs require assistance from multiple partner organizations; and
- Lack of data makes it challenging for newcomers to be seen by education leaders, policymakers, researchers, and curriculum developers.
Who are newcomer students in California? Federal law defines recently arrived immigrant students as those who 1) are ages 3-21, 2) were not born in a U.S. state, and 3) have attended U.S. schools for no more than three years. According to the CDE, there were 151,996 students in the 2020-21 school year who met this definition, representing approximately 2.5% of the total enrollment in the state.
Newcomers are a distinct and heterogeneous group country of origin, socioeconomic status, primary language, age at enrollment in California schools, prior academic experience, English proficiency, academic proficiency, and immigration and life experiences. Research has found that newcomers have distinct needs in the areas of English language development, academics, social and emotional development, and basic needs.
According to the Author
"California is proud to be home to so many refugee and immigrant families. However, many of them do not have the resources and guidance they need to be successful here. It is our responsibility to continue to provide them with the support and resources that they need, and to equip their schools and teachers with the tools necessary to meet the unique needs of newcomers. AB 714 will better direct school districts and newcomer students to the support and resources they need to ensure their success in school and beyond."
Arguments in Support
Californians Together writes, "Newcomers, or immigrant students in their first three years of U.S. schools, are a large and underserved student group in California's K-12 system. Unfortunately, our current education system is not designed to be inclusive of newcomers. All too often, newcomer students drop out, or graduate high school without the skills to be college and career ready. Many newcomers were raised in war torn countries or communities that have been devastated by poverty and climate catastrophes. 67% of newcomer students are socioeconomically disadvantaged, and many have experienced trauma and interruptions in formal schooling. Newcomers, 92% of whom are ELs, typically have far lower English proficiency levels than the larger EL student group. To authentically access education, most newcomers require specialized instructional resources, curriculum, administrative practices, school models, social-emotional learning, and community engagement. Accurate data on the status and performance of newcomers is not publicly available. A lack of visibility in data has led to insufficient research, curriculum, and policies that fully address the unique needs of newcomer students. There is a strong and growing demand among districts for meaningful guidance, research, data, and resources to help create these conditions for newcomer success. AB 714 meets this demand by directing the California Department of Education, in consultation with the California Department of Social Services, to develop and issue instructional guidance to support newcomer students and school districts. By reporting on the enrollment and performance of newcomer students, the state and local agencies will have a better idea of how to meet the needs of newcomers and the resources necessary to ensure their success."
Arguments in Opposition
None on file
FISCAL COMMENTS
According to the Assembly Appropriations Committee:
- One-time General Fund costs to the California Department of Education (CDE) of about $200,000 to revise the curriculum framework in English Language Arts and English Language Development to include newcomer content and to ensure that instructional materials include certain resources.
- Unknown ongoing Proposition 98 General Fund costs to LEAs to comply with certain requirements for newcomer pupils, rather than only pupils participating in a newcomer program, and to make administrative changes to ensure newcomer pupils are not denied access to certain courses.
- 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 LEAs or provide funding through the K-12 Mandate Block Grant.
VOTES
ASM EDUCATION: 7-0-0
YES: Muratsuchi, Megan Dahle, Juan Carrillo, Hoover, Lee, McCarty, Quirk-Silva
ASM APPROPRIATIONS: 11-0-5
YES: Holden, Bryan, Calderon, Wendy Carrillo, Mike Fong, Hart, Lowenthal, Papan, Pellerin, Weber, Ortega
ABS, ABST OR NV: Megan Dahle, Dixon, Mathis, Robert Rivas, Sanchez
UPDATED
VERSION: May 18, 2023
CONSULTANT: Tanya Lieberman / ED. / (916) 319-2087 FN: 0000971
Date of Hearing: April 26, 2023
ASSEMBLY COMMITTEE ON APPROPRIATIONS
Chris Holden, Chair
ABPCA Bill Id:AB 714
Author:(McCarty) – As Amended Ver:March 30, 2023
Policy Committee: | Education | Vote: | 7 - 0 |
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Urgency: No State Mandated Local Program: Yes Reimbursable: Yes
SUMMARY:
This bill makes numerous changes to statute to do with newcomer pupils.
Specifically, this bill:
- Requires, subject to appropriation, the California Department of Education (CDE), in consultation with the Department of Social Services (DSS), to (a) develop and issue guidance regarding requirements, best practices, and available state and federally funded programs for newcomer pupils; (b) publicly report on an annual basis on its website the enrollment and performance of newcomer pupils; and (c) maintain at least one position dedicated to supporting local educational agencies (LEAs) in serving newcomer pupils.
- Requires the Instructional Quality Commission (IQC) to consider including content designed to provide teachers with resources to meet the unique academic and English language development needs of newcomer pupils at all grade levels at the next regularly scheduled revision of the curriculum framework in English Language Arts and English Language Development.
- Requires the IQC to ensure that the instructional materials for pupils in kindergarten or any of grades one to eight that it recommends to the State Board of Education (SBE) for adoption include resources to help teachers meet the needs of newcomer pupils.
- Requires LEAs to comply with certain coursework exemptions, pupil consultation and notice requirements, acceptance of coursework completed at other schools, and other requirements for “newcomer pupils,” instead of for “pupils participating in a newcomer program.”
- Prohibits an LEA serving a middle or high school pupil who is classified as an English language learner and who is a newcomer pupil or is participating in a program designed to meet the transitional needs of newcomer pupils that has as a primary objective the development of English language proficiency from denying access to enrollment in courses that are part of the standard instructional program at a school to these pupils.
FISCAL EFFECT:
- Ongoing General Fund costs to CDE of $516,000 annually for three research data scientist positions to disaggregate a report and develop new reporting categories that are not currently included on newcomer pupils.
- Ongoing General Fund costs to CDE of $184,000 annually to hire one consultant at CDE dedicated to supporting LEAs in serving newcomer pupils.
- One-time General Fund costs to CDE of $836,000 to develop and issue guidance on newcomer pupils. CDE assumes this will take about two years to complete. Costs include staff time and issuance of guidance.
- One-time General Fund costs to the California Department of Education (CDE) of about $200,000 to revise the curriculum framework in English Language Arts and English Language Development to include newcomer content and to ensure that instructional materials include certain resources.
- Unknown ongoing Proposition 98 General Fund costs to LEAs to comply with certain requirements for newcomer pupils, rather than only pupils participating in a newcomer program, and to make administrative changes to ensure newcomer pupils are not denied access to certain courses. This bill expands the number of newcomer pupils to which certain educational requirements are applicable. It is unclear how many more students these requirements would apply to, however, costs would likely not be significant as LEAs already comply with the majority of these requirements for some portion of newcomer pupils.
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 LEAs or provide funding through the K-12 Mandate Block Grant.
COMMENTS:
- Purpose. According to the author:
California is proud to be home to so many refugee and immigrant families. However, many of them do not have the resources and guidance they need to be successful here. It is our responsibility to continue to provide them with the support and resources that they need, and to equip their schools and teachers with the tools necessary to meet the unique needs of newcomers. AB 714 will better direct school districts and newcomer pupils to the support and resources they need to ensure their success in school and beyond.
- Background. State law defines a “pupil participating in a newcomer program” as a pupil who is participating in a program designed to meet the academic and transitional needs of newly arrived immigrant pupils that has as a primary objective the development of English language proficiency.
State law applies various educational requirements to an LEA serving these pupils. Namely, state law requires an LEA to exempt a pupil participating in a newcomer program and who is in their third or fourth year of high school from all coursework and other requirements adopted by the governing body of the LEA for high school graduation that are in addition to the statewide coursework requirements, except in certain cases. In addition, state law requires an LEA to comply with other procedures in relation to pupils participating in newcomer programs, including certain consultation and notice provisions. Lastly, state law requires an LEA to accept full or partial credit for coursework satisfactorily completed by a pupil participating in a newcomer program while attending a school in a country other than the U.S.
Among other provisions, this bill applies these educational requirements to a “newcomer pupil” and deletes references to a “pupil participating in a newcomer program.” The bill defines a newcomer pupil using the federal definition of an “immigrant children and youth,” defined as a person between three and 21 years old who was born outside of the U.S. and has been enrolled in U.S. schools for less than three years. According to the CDE, there were 151,996 pupils in the 2020-21 school year who met this federal definition, representing approximately 2.5% of the total school enrollment in the state.
Current law establishes the California Newcomer Education and Well-Being Program (CalNEW) at DSS. DSS, in collaboration with CDE, administers the program to provide services for newcomer pupils, English language learners, and immigrant families. The CalNEW program defines “newcomer pupil” to have the same meaning as “immigrant children and youth” in federal law.
Analysis Prepared by: Natasha Collins / APPR. / (916) 319-2081
Date of Hearing: March 29, 2023
ASSEMBLY COMMITTEE ON EDUCATION
Al Muratsuchi, Chair
ABPCA Bill Id:AB 714 (
Author:McCarty) – As Introduced Ver:February 13, 2023
SUBJECT: Pupil instruction: newcomer pupils: curriculum frameworks: high school coursework and graduation requirements: exemptions and alternatives
SUMMARY: Requires the California Department of Education (CDE) to issue guidance relating to the education of recently arrived immigrant students (newcomers), to annually publish specified information about newcomers on its website, and to maintain at least one position dedicated to helping schools meet the needs of newcomers; requires the Instructional Quality Commission (IQC) to consider adding content to help teachers meet the unique needs of newcomers to the next revision of the English Language Arts (ELA)/English Language Development (ELD) curriculum framework and recommended instructional materials; and revises the definition of newcomers to align with the federal definition for purposes of specified educational rights in existing law. Specifically, this bill:
- Requires that, at the next regularly scheduled revision of the curriculum framework in ELA and ELD, the IQC consider including content designed to provide teachers with resources to meet the unique academic and English language development needs of newcomer students at all grade levels, and to ensure that the instructional materials for students in kindergarten or any of grades 1 to 8, inclusive, that it recommends to the State Board of Education (SBE) for adoption include resources for teachers to help them meet these needs.
- Defines “newcomer pupil” to have the same meaning as “immigrant children and youth,” in federal law, which is defined as being aged 3 to 21 years, being born outside of the United States (U.S.), and having been enrolled in U.S. schools for less than three years.
- Requires the CDE, in consultation with the State Department of Social Services (DSS), to develop and issue guidance regarding requirements and best practices for newcomer students under current law, and available state and federally funded programs and resources that are supportive of these students’ success in school. Requires this guidance to include the following:
- Requirements in existing law relating to newcomers’ rights to waiving of local graduation requirements, right to remain enrolled for a fifth year or instruction, right to be awarded partial credit and credit from courses completed in other countries, and the exemption from the requirement that ELs be given access to core curriculum courses in middle and high school, under specified conditions;
- The requirement to provide ELD instruction for those newcomer students classified as ELs, and best practices for ELD instruction for newcomer students;
- Local discretion in grade placement of newcomer students;
- Local discretion to enroll students for more than four years of high school instruction;
- Information about how the use of coursework completed in languages other than English in other countries may fulfill the world language course requirement for graduation and the admissions requirements of the University of California (UC) and the California State University (CSU);
- Resources for the evaluation of foreign transcripts;
- Resources for support of newcomer students with disabilities; and
- Information about the California Newcomer Education and Well-Being Program (CalNEW) program; and
- Information about programs authorized under the Community Schools Partnership Act.
- Requires the CDE to publicly report on an annual basis on its website the enrollment and performance of newcomers, including statewide and local educational agency (LEA) and charter school enrollment, disaggregated by grade, home language, EL classification, and eligibility for free or reduced-price meals, and scores on the California Assessment of Student Performance and Progress (CASSPP) assessments and the English Language Proficiency Assessments for California (ELPAC).
- Requires the CDE to maintain at least one position dedicated to supporting LEAs and charter schools in serving newcomer students. This may include collaborating with, and providing data to, the DSS for purposes of administering the CalNEW program.
- Revises the definition of newcomer student, for purposes of specified educational rights, from “pupil enrolled in a newcomer program” to the federal definition of newcomer student, including the right to:
- Be exempted from local graduation requirements or remain enrolled for a fifth year in order to complete those requirements, under specified conditions;
- Receive full or partial credit for coursework satisfactorily completed while attending a public school or a school in a country other than the United States; and
- Be exempted from the prohibition on being excluded from core curriculum courses, provided that their course of study is designed to remedy any academic deficits incurred during participation in a newcomer program.
- Makes implementation of these requirements contingent upon an appropriation for its purposes. States the intent of the Legislature that federal funds be used for this purpose.
EXISTING LAW:
- Exempts students participating in a newcomer program who are in their third of fourth year of high school from all coursework and other requirements that are in excess of state graduation requirements, unless a school district makes a finding that a student is reasonably able to complete the school district’s graduation requirements in time to graduate from high school by the end of the student’s fourth year of high school. (Education Code (EC) 51225.1)
- Requires LEAs to allow students participating in a newcomer program who are in their third of fourth year of high school and who can meet state or local graduation requirements in five years to stay enrolled for a fifth year. (EC 51225.1)
- Requires LEAs to accept and award full or partial credit for coursework satisfactorily completed by students participating in a newcomer program, including those completed in other countries. (EC 51225.2)
- Defines a “pupil participating in a newcomer program” to mean a student who is participating in a program designed to meet the academic and transitional needs of newly arrived immigrant students that has as a primary objective the development of English language proficiency. (EC 51225.2)
- Exempts recently arrived immigrant students from the requirement that they be enrolled in core curriculum courses, provided that the student’s course of study is designed to remedy any academic deficits incurred during participation and that the student’s course of study is reasonably calculated to enable that student to attain parity of participation in the standard instructional program within a reasonable length of time. (EC 60811.8)
- Establishes the CalNEW program, administered by the DSS in collaboration with the CDE, to provide services for newcomer students, ELs, and immigrant families. (Welfare and Institutions Code (WIC) 13265)
- Requires the DSS to allocate funding to LEAs with significant numbers of newcomer students, or a significant population of EL students, to plan, design, and implement academic and social support services for the purpose of improving students’ academic engagement and social and emotional well-being. Gives the DSS sole discretion to determine which LEAs and services to fund. (WIC 13265)
- Requires the DSS to contract to conduct a formal evaluation of the CalNEW program and to provide technical assistance to support implementation of the program. (WIC 13265)
- For purposes of the CalNEW program, defines “newcomer pupil” to have the same meaning as “immigrant children and youth” as defined federal law. (WIC 13265)
- Requires the CDE to cooperate with the DSS to provide all data, data systems, and source code it requests for the purpose of effectively operating this program. (WIC 13265)
FISCAL EFFECT: This bill has been keyed a possible state-mandated local program by the Office of Legislative Counsel.
COMMENTS:
Need for the bill. The author states, “California is proud to be home to so many refugee and immigrant families. However, many of them do not have the resources and guidance they need to be successful here. It is our responsibility to continue to provide them with the support and resources that they need, and to equip their schools and teachers with the tools necessary to meet the unique needs of newcomers. AB 714 will better direct school districts and newcomer students to the support and resources they need to ensure their success in school and beyond.”
Forthcoming PACE policy brief will provide first landscape analysis on newcomer education policy in California. A forthcoming policy brief by Policy Analysis for California Education (PACE), titled “Newcomer Education in California,” (PACE, 2023) provides the first comprehensive look at California newcomers and their educational needs. Using data from the CDE, the brief discusses what is known about this population of students, and makes recommendations for state policy to improve their educational outcomes and well-being.
This brief is one product of a Research-Practice-Policy Partnership (RPPP) convened by PACE in 2021 and 2022, which brought together policymakers, researchers, and practitioners to leverage each sector’s resources and expertise to improve the education of newcomers.
The PACE brief contains three key findings:
- Schools need support to implement effective instruction and program models;
- Newcomers’ basic needs require assistance from multiple partner organizations; and
- Lack of data makes it challenging for newcomers to be seen by education leaders, policymakers, researchers, and curriculum developers.
The brief recommends that California build state leadership capacity specific to newcomer education, include newcomers in data systems, develop resources for the field.
Major provisions of this bill. This bill responds to these findings by requiring the CDE to provide guidance and support to the field, requiring that state data be made publicly available annually, requiring that the state’s adopted curriculum frameworks and instructional materials address the specific needs of newcomers, and requiring the CDE to maintain at least one position to support newcomer education. The state’s expansion and improvements to the CalNEW program in the 2022-23 budget also address these concerns by requiring collaboration and data sharing between the CDE and DSS, by clarifying the definition of newcomer, and by providing a stable source of funding for the program. The CalNEW program is also establishing a community of practice to support local efforts.
Who are newcomer students in California? Federal law defines recently arrived immigrant students as those who 1) are ages 3-21, 2) were not born in a U.S. state, and 3) have attended U.S. schools for no more than three years. According to the CDE, there were 151,996 students in the 2020-21 school year who met this definition, representing approximately 2.5% of the total enrollment in the state.
The PACE report notes that newcomers are a distinct and heterogeneous group in a number of ways:
- Country of origin. The table above shows the top 25 countries from which newcomers had immigrated as of 2021. The composition of newcomer students can change rapidly based on international events, and schools can experience a rapid influx of newcomer students, as has been the case in recent years with students from Afghanistan, Ukraine, and Central America.
- Socioeconomic status: While some newcomers come from high income families, most (67%) are socioeconomically disadvantaged, slightly higher than the overall student population percentage of 62%.
- Primary language: The five most common languages spoken in the homes of newcomers are reported as 44% Spanish, 10% English, 6% Mandarin, 4% Vietnamese, and 3% Filipino.
School District | Enrollment (excl. < 100) | Percentage of low SES newcomers |
Bayshore Elementary | 361 | 14.4% |
Mendota Unified | 3,668 | 11.5% |
San Rafael City Elementary | 4,415 | 11.2% |
San Rafael City High | 2,666 | 9.3% |
Round Valley Unified | 497 | 8.0% |
Rosemead Elementary | 2,341 | 7.7% |
Garvey Elementary | 4,431 | 7.3% |
Ravenswood City Elementary | 2,993 | 7.0% |
Anderson Valley Unified | 434 | 6.7% |
Vallecitos Elementary | 187 | 6.4% |
Lost Hills Union Elementary | 288 | 6.3% |
Bellevue Union | 1,544 | 6.2% |
Oakland Unified | 48,704 | 6.1% |
Coalinga-Huron Unified | 4,405 | 5.9% |
Jefferson Elementary | 6,653 | 5.7% |
Baker Valley Unified | 16,732 | 5.5% |
Luther Burbank | 475 | 5.5% |
Cajon Valley | 16,732 | 5.4% |
Source: CDE, 2021-22 | ||
- Distribution in the state: The majority of newcomers live in five counties: Los Angeles, Orange, San Diego, Santa Clara, and Alameda. While these counties enroll the largest absolute number of newcomers, some smaller districts enroll a large percentage of low-socio-economic status (SES) newcomers relative to their overall student population, as shown in the table below.
- Age at enrollment in California schools: While the typical California student enrolls in school in kindergarten or transitional kindergarten, newcomers may enroll at any age. Unaccompanied children in particular are more likely to arrive in secondary school. According to the USDHHS, in FY 2021, approximately 72% of all unaccompanied children entering the U.S. were over 14 years of age, and 66% were boys.
- Prior academic experience: Some newcomers arrive having had consistent education in developed countries, while others, known as students with interrupted formal education (SIFE), have had limited or highly interrupted education and arrive with very limited or no literacy in their primary language. Some have experienced their education in refugee camps or in countries where access to education is limited for some or all children. Many countries lack systems to support students with disabilities, so they often arrive without having been assessed or without a plan to support their education. Some may never have attended school of any kind.
- English proficiency: The PACE report estimates that 92% of newcomers are EL and that they make up about 13% of the EL population in the state. But newcomer-ELs represent a distinct group. The majority of non-newcomer EL-classified students are born in the U.S. and enter school in kindergarten. Newcomers, by contrast, arrive at all grade levels and require EL services that meet their English and academic needs independent of their grade of entry. (Umansky, 2022)
- Academic outcomes. Data for California are not yet available, but research from two other states indicates that newcomers have academic performance similar to other ELs but far below that of their non-immigrant, non-EL peers. Newcomers’ English proficiency levels were lower than other ELs, but they made rapid growth across their first three years in the U.S. Despite this growth, most newcomers were neither English proficient, nor at grade level academically, after three years. Graduation rates for these students were between 30% and 60% (depending on state and grade of arrival), far below their non-immigrant, non-EL peers. (Council of Chief State School Officers, 2018)
- Immigration experience: Some students arrive as refugees, some as children of workers with professional visas, some as undocumented students. Some arrive with family members and others arrive as unaccompanied children. Schools do not collect immigration information so no data on students’ status is available. According to the U.S. Department of Health and Human Services (USDHHS), 13,730 unaccompanied children were released to sponsors in California in 2021.
- Life experiences. Some newcomers have experienced a lifestyle and stability comparable to life in the U.S., but many have experienced war, deprivation, natural disasters, family instability, and other traumatic events that can have profound effects on their ability to learn. For unaccompanied children, the experience of migration and fear of deportation may also impact learning.
What support do newcomers need to succeed in school? As noted above, newcomer students are a distinct group of students with language and academic needs which may differ significantly from other students, and even from other ELs. In particular, research has highlighted several areas of focus:
- English language development. As noted above, unlike most ELs, many newcomers enter California schools with no or very limited English proficiency. They may require additional support for their language acquisition that is different from other ELs.
- Low academic skills. While some newcomers arrive with a strong history of prior schooling, others have had limited or interrupted formal education, and have low literacy in their primary language. They require specialized support to accelerate their learning. Late arriving newcomers, who enroll in secondary schools, require specialized help to ensure that they are able to meet graduation requirements.
- Social and emotional needs. Research points to various ways in which the social/emotional and mental health of newcomers presents challenges to learning. Trauma from conditions leading to their migration and from the migration itself, as well as fear of deportation for some, can affect their ability to learn. Support for students’ mental health and well-being is needed to help them succeed.
- Basic needs. The PACE report notes that many newcomer families need assistance with housing, food, health care, and other basic needs. Research indicates that some newcomer students must work and care for siblings in order to support their family, which may interfere with their education. (Oikonomidoy, 2019) Community supports are needed to ensure that these needs are met.
System-level reforms to support newcomers. To support schools in meeting the needs of newcomers, adequate system-level conditions need to be in place. In particular, schools need the following from the state:
- Stage support across agencies. LEAs need guidance, technical assistance, and funding from the state. Given the multi-faceted needs of these students, LEAs would benefit most from a collaborative effort between state agencies such as the CDE and the DSS, which models the kind of partnerships needed at the local level between schools and community organizations. State leadership is needed to convene communities of practice (such as the one being developed by the DSS) in order to allow LEAs to share best practices and learn from one another.
- Resources. Research indicates that educators often struggle to design programs for newcomers, particularly those that value their cultural and linguistic attributes (Dover, 2018). LEAs need instructional resources (such as curriculum, instructional materials, assessment tools, and professional development), programmatic models (such as newcomer programs, community partnerships), and administrative best practices (such as in grade placement, master scheduling, and continued enrollment) that meet newcomers’ needs. Curriculum, instructional materials, and screening/assessment tools would help LEAs better meet newcomers’ needs.
- Data transparency and research. Lack of accessible data has made it challenging for policymakers and LEAs to understand and meet the needs of newcomers. For example, there is little public demographic information about newcomers, and on their performance on measures such as state assessments, English language proficiency (ELP), graduation rates, absenteeism, and postsecondary outcomes. Annual publication of the available data would help design appropriate supports and guide resource allocation (Thompson, 2020). Policy-focused research, grounded in practice insights, is also needed to develop and further an agenda which supports these students.
New research shows rapid English acquisition for newly arrived students. Until recently there has been little research about the ELP trajectories of newcomers.
In the absence of research, the U.S. Department of Education (USDOE), in their Newcomer Toolkit (2017), notes several common misconceptions about newcomers, including that newcomers must develop significant language proficiency prior to participating in disciplinary learning, and that students need simplified content and language as they learn English. In fact, they note, to help students develop academic language, they need to participate in meaningful and authentic activities about academic ideas and concepts, and that simplified language decreases, rather than increases, meaning.
Recent research sheds some light on newcomers’ growth in ELP. Umansky et al. (2022) found that newcomer students had significantly lower ELP the first year they entered schools compared to their non-newcomer counterparts in the same grades; however, they tended to experience faster ELP growth. By their fourth year in U.S. schools, newcomer students were estimated to have caught up with non-newcomer ELs in their same grade levels, accounting for grade, student, and school factors. For both groups of students, ELP growth was predicted to slow over time, with newcomers’ growth slowing more quickly than that of non-newcomers.
Flexibilities under current law present opportunities for LEAs to better serve newcomers. This bill requires the CDE to produce guidance regarding requirements and best practices for newcomer students under current law. Several provisions of current law allow schools to better serve newcomers. These include:
- The requirement to waive local graduation requirements for newcomers under specified conditions;
- The ability to receive funding to continue to enroll newcomers past the fourth year of high school under specified conditions;
- The ability to use credit and partial credit earned in another country toward graduation requirements under specified conditions;
- The ability to use coursework completed in languages other than English in other countries to fulfill the world language course requirement for graduation and the admissions requirements of the University of California and the California State University. This allows schools to avoid enrolling students in a world language course of study in a third language;
- The ability to enroll newcomers by ability instead of by age, which particularly helps late-arriving newcomers by giving them more time to meet graduation requirements;
- The ability to design specialized supports for newcomers in designated and integrated English language development; and
- The requirement that, if newcomers are excluded from core content courses in order to focus on ELD, this policy must be reasonably designed to enable them to catch up to their peers.
Students with interrupted formal education (SIFE) represent a population with distinct needs. As noted above, some students arrive in California schools with limited, interrupted, or no formal education. Their needs may pose a particular challenge to educators. California does not have a definition of SIFE, so there is no data collected on these students as a group.
The New York State Education Department (NYSED) has created a number of resources to help schools with the education of SIFE, which they define as ELs “who have attended schools in the United States (the 50 States and the District of Columbia), for less than twelve months and who, upon initial enrollment in schools, are found to have two or more years below grade level in literacy in their home language and/or two or more years below grade level in math, due to inconsistent or interrupted schooling prior to their arrival to the United States.”
The NYSED reports that a majority of the state’s SIFE students arrive at the state’s schools with low or no literacy skills in any language, and are often behind in content knowledge for their age. They also may have complex social and psychological needs due to traumatic migration experiences and other conditions in their countries of origin.
The NYSED has produced a number of resources to help schools meet the needs of these students, including a SIFE Oral Interview Questionnaire, a Writing Screener, and a SIFE Identification flow chart.
Of note, NYSED also published a SIFE ELA and Foundational Low Literacy Curriculum, intended to meet the needs of SIFE who are at 3rd grade level or below in home language literacy in secondary school where the instructional gap tends to be the greatest. The curriculum offers a rigorous and accelerated framework aligned to the state’s content standards for providing students with the content, language, and literacy necessary for achieving academic progress and success.
School district initiatives to support newcomers. A number of school districts around the state have established programs and policies designed to meet the needs of newcomers, including:
- San Juan Unified School District offers specialized support for all newcomer students. Through a team comprised of bilingual School Community Resource Assistants, the district offers programs focused on integration, acculturation, connections, engagement, exploration, empowerment, and healthy interactive social skills. Programs include a Saturday school, popular sports programs, partnerships with community-based organizations, and professional development and other resources for school district staff.
- Oakland International High School, one in a network of high schools designed to serve newcomers, operates as a community school and works with community-based organizations to meet the needs of its students. Teachers are trained in a specialized curriculum to support students’ English language needs and students participate in project-based, experiential learning. The Oakland Unified School District also tracks newcomer students in their data system, including whether students have been identified as SIFE.
- Some school districts, such as the Conejo Valley Unified School District, have established newcomer academies within their high schools. These programs within schools provide specialized language, academic, and other support.
- San Diego County Office of Education, in response to dramatic increases in the migration of unaccompanied minors in 2021, set up an emergency education program for children housed temporarily at the San Diego Convention Center. The program, called Futuro Brillante, served several thousand students and provided ELD, academic, and social supports.
Recommended amendments. Staff recommends that this bill be amended to strike references to Title III funding, add additional outcome measures to the data required to be reported by the CDE, and clarify that the data required to be reported are currently collected by the CDE.
Arguments in support. Californians Together writes, “Newcomers, or immigrant students in their first three years of U.S. schools, are a large and underserved student group in California’s K-12 system. Unfortunately, our current education system is not designed to be inclusive of newcomers. All too often, newcomer students drop out, or graduate high school without the skills to be college and career ready. Many newcomers were raised in war torn countries or communities that have been devastated by poverty and climate catastrophes. 67% of newcomer students are socioeconomically disadvantaged, and many have experienced trauma and interruptions in formal schooling. Newcomers, 92% of whom are ELs, typically have far lower English proficiency levels than the larger EL student group. To authentically access education, most newcomers require specialized instructional resources, curriculum, administrative practices, school models, social-emotional learning, and community engagement. Accurate data on the status and performance of newcomers is not publicly available. A lack of visibility in data has led to insufficient research, curriculum, and policies that fully address the unique needs of newcomer students. There is a strong and growing demand among districts for meaningful guidance, research, data, and resources to help create these conditions for newcomer success. AB 714 meets this demand by directing the California Department of Education, in consultation with the California Department of Social Services, to develop and issue instructional guidance to support newcomer students and school districts. By reporting on the enrollment and performance of newcomer students, the state and local agencies will have a better idea of how to meet the needs of newcomers and the resources necessary to ensure their success.”
Related legislation. AB 181 (Committee on Budget), Chapter 52, Statutes of 2022, made several changes to the CalNEW program, including creating a new definition of newcomer student aligned to the federal definition and requiring the CDE to collaborate with the DSS on the program and provide data as needed.
SB 98 (Committee on Budget and Fiscal Review), Chapter 24, Statutes of 2020, created the CalNEW program, to provide services for refugees, unaccompanied undocumented minors, and immigrant families.
AB 2121 (Caballero), Chapter 581, Statutes of 2018, extends to migrant students and students enrolled in newcomer programs certain rights currently afforded to other groups of highly mobile students regarding exemptions from local graduation requirements and acceptance of partial credit, and clarifies that these requirements apply to charter schools.
AB 2735 (O’Donnell), Chapter 304, Statutes of 2018, prohibits ELs, with the exception of newcomer students, from being excluded from the standard instructional program of middle and high schools.
REGISTERED SUPPORT / OPPOSITION:
Support
Californians Together (sponsor)
Alliance for a Better Community
Association of Mexican American Educators
Association of Two-way Dual Language Education
California Council on Teacher Education
Californians for Justice
Corona-Norco Unified School District
GenUp
Loyola Marymount University - The Center for Equity for English Learners
Mutually Adaptive Learning Paradigm
National Association for English Learner Program Administrators
Parent Institute for Quality Education
Sobrato Early Academic Language
Teach Plus
The Children's Partnership
Union of Overseas Vietnamese Language Schools-Taviet
2 individuals
Opposition
None on file
Analysis Prepared by: Tanya Lieberman / ED. / (916) 319-2087
Discussed in Hearing
1MIN
Assembly Floor
1MIN
Senate Floor
1MIN
Senate Standing Committee on Appropriations
8MIN
Senate Standing Committee on Education
1MIN
Assembly Floor
9MIN
Assembly Standing Committee on Education
Bill Author
