AB 216 – California Assembly (20132014) – Open States

Abstract

Existing law requires a pupil to complete specified courses while in grades 9 to 12, inclusive, in order to receive a diploma of graduation from high school. Existing law authorizes the governing board of a school district to adopt rules specifying additional coursework requirements.

Existing law requires a school district to exempt a pupil in foster care from all coursework and other requirements adopted by the governing board of the school district that are in addition to the statewide coursework requirements for graduation if the pupil, while he or she is in grade 11 or 12, transfers into the school district from another school district or between high schools within the school district, unless the school district makes a finding that the pupil is reasonably able to complete the additional requirements in time to graduate from high school while he or she remains eligible for foster care benefits.

This bill would recast those provisions, and would, instead, require a school district to exempt a pupil in foster care who transfers between schools any time after the completion of the pupil’s 2nd year of high school from all coursework and other requirements adopted by the governing board of the school district that are in addition to the statewide coursework requirements for graduation, unless the school district makes a finding that the pupil is reasonably able to complete the school district’s graduation requirements in time to graduate from high school by the end of the pupil’s 4th year of high school. The bill would require a school district that determines that a pupil in foster care is reasonably able to complete the school district’s graduation requirements within the pupil’s 5th year of high school to take specified actions, including permitting the pupil to stay in school for a 5th year to complete the graduation requirements. The bill would allow either the number of credits the pupil has earned to date or the length of the pupil’s school enrollment to be used to determine whether the pupil is in the 3rd or 4th year of high school, whichever would qualify the pupil for the exemption. The bill would require the school district to notify, within 30 calendar days of the transfer, a pupil in foster care who may qualify for the exemption, the person holding the right to make educational decisions for the pupil, and the pupil’s social worker, of the availability of the exemption and whether the pupil qualifies for the exemption. The bill would require the school district to notify the pupil, and the person holding the right to make educational decisions for the pupil, of the effect the waived requirements will have on the pupil’s ability to gain admission to postsecondary educational institutions. The bill would prohibit a school or school district from requiring or requesting that the pupil graduate before the end of his or her 4th year of high school if a pupil is exempted and completes the statewide coursework requirements before the end of his or her 4th year in high school and the pupil is otherwise entitled to remain in attendance at the school, and from requiring or requesting a pupil in foster care to transfer schools in order to qualify the pupil for an exemption. The bill would specify that an eligible pupil shall not be required to accept the exemption or be denied enrollment in or the ability to complete courses for which he or she is otherwise eligible. The bill would prohibit a pupil in foster care, the person holding the right to make educational decisions for the pupil, the pupil’s social worker, or the pupil’s probation officer from requesting a transfer solely to qualify the pupil for an exemption.

By requiring school districts to perform additional duties in complying with the exemption requirement, this bill would impose a state-mandated local program.

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

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

This bill would declare that it is to take effect immediately as an urgency statute.