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AB-1202 Pupils: diploma alternatives: exceptionally gifted pupils.(2017-2018)

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Date Published: 02/17/2017 09:00 PM
AB1202:v99#DOCUMENT


CALIFORNIA LEGISLATURE— 2017–2018 REGULAR SESSION

Assembly Bill No. 1202


Introduced by Assembly Member Baker

February 17, 2017


An act to amend Section 48412 of, and to add Section 76000.5 to, the Education Code, relating to pupils.


LEGISLATIVE COUNSEL'S DIGEST


AB 1202, as introduced, Baker. Pupils: diploma alternatives: exceptionally gifted pupils.
Existing law authorizes certain persons, including, among others, any person 16 years of age or older, to have his or her proficiency in basic skills taught in public high schools verified according to criteria established by the State Department of Education. Existing law requires the State Board of Education to award a certificate of proficiency to persons who demonstrate that proficiency. Existing law requires the department to develop standards of competency in basic skills taught in public high schools and to provide for the administration of examinations prepared by, or with the approval of, the department to verify competency.
This bill would also authorize a person who is an exceptionally gifted pupil, as defined, to have his or her proficiency in basic skills taught in public high schools verified according to criteria established by the department.
Existing law requires the governing board of a community college district to admit to the community college any California resident, and authorizes the governing board of the community college district to admit any nonresident, possessing a high school diploma or the equivalent thereof.
This bill would authorize a pupil under 16 years of age who receives a certificate of proficiency to be admitted to attend a community college only if the community college district determines that the pupil meets specified requirements.
This bill would also declare the Legislature’s intent regarding alternative means of addressing the unique academic needs of exceptionally gifted pupils and would encourage the governing board of a school district, in consultation with the parent or guardian of an exceptionally gifted pupil, to make a specified determination related to addressing the unique academic needs of exceptionally gifted pupils.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: YES   Local Program: NO  

The people of the State of California do enact as follows:


SECTION 1.

 Section 48412 of the Education Code is amended to read:

48412.
 (a) (1) A person 16 years of age or older, or who has been enrolled in the 10th grade for one academic year or longer, or who will complete one academic year of enrollment in the 10th grade at the end of the semester during which the next regular examination will be conducted, or who is an exceptionally gifted pupil, may have his or her proficiency in basic skills taught in public high schools verified according to criteria established by the department.
(2) The state board shall award a “certificate of proficiency” to persons who demonstrate that proficiency. The certificate of proficiency shall be equivalent to a high school diploma, and the department shall keep a permanent record of the issuance of all certificates.
(b) (1) The department shall develop standards of competency in basic skills taught in public high schools and shall provide for the administration of examinations prepared by or with the approval of the department to verify competency. Regular examinations shall be held once in the fall semester and once in the spring semester of every academic year on a date, as determined by the department, that will enable notification of examinees and the schools they attend, if any, of the results thereof not later than two weeks before the date on which that semester ends in a majority of school districts that maintain high schools.
(2) In addition to regular examinations, the department may, at the discretion of the Superintendent, conduct examinations for all eligible persons once during each summer recess and may conduct examinations at any other time that the Superintendent deems necessary to accommodate eligible persons whose religious convictions or physical handicaps prevent their attending one of the regular examinations.
(c) (1) The department may charge a fee for each examination application in an amount sufficient to recover the costs of administering the requirements of this section. However, the fee shall not exceed an amount equal to the cost of test renewal and administration per examination application. All fees levied and collected pursuant to this section shall be deposited in the State Treasury for remittance to the current support appropriation of the department as reimbursement for costs of administering this section. Any reimbursements collected in excess of actual costs of administration of this section shall be transferred to the unappropriated surplus of the General Fund by order of the Director of Finance.
(2) The department shall not charge the fee to an examinee who meets all of the following criteria:
(A) The examinee qualifies as a homeless child or youth, as defined in paragraph (2) of Section 725 of the federal McKinney-Vento Homeless Assistance Act (42 U.S.C. Sec. 11434a(2)), or as a foster youth, as defined in subdivision (h).
(B) The examinee has not attained 25 years of age as of the date of the scheduled examination.
(C) For an examinee who qualifies as a homeless child or youth pursuant to subparagraph (A), the examinee can verify his or her status as a homeless child or youth. A homeless services provider that has knowledge of the examinee’s housing status may verify the examinee’s status for purposes of this subparagraph.
(3) For purposes of this subdivision, a “homeless services provider” includes either of the following:
(A) A homeless services provider listed in paragraph (3) of subdivision (d) of Section 103577 of the Health and Safety Code.
(B) Any other person or entity that is qualified to verify an individual’s housing status, as determined by the department.
(4) The loss of fees pursuant to paragraph (2), if any, shall be deemed to be a cost of administering this section for purposes of paragraph (1).
(d) (1) The state board shall adopt rules and regulations as necessary for implementation of this section.
(2) Notwithstanding paragraph (1), the state board shall adopt emergency regulations, as necessary, to implement the provisions of subdivision (c), as amended by the act that added this paragraph. The adoption of these regulations shall be deemed to be an emergency and necessary for the immediate preservation of the public peace, health, and safety, or general welfare.
(e) The department shall periodically review the effectiveness of the examinations administered pursuant to this section. The costs of this review may be recovered through the fees levied pursuant to subdivision (c).
(f) (1) On or before December 1, 2018, the Superintendent shall submit a report to the appropriate policy and fiscal committees of the Legislature that includes, but is not limited to, all of the following:
(A) The number of homeless youth and foster youth that took a high school proficiency test in each of the 2016, 2017, and 2018 calendar years.
(B) The impact of the opportunity to take a high school proficiency test at no cost on the number and percentage of homeless youth and foster youth taking a high school proficiency test.
(C) The estimated number of homeless youth and foster youth who may take a high school proficiency test in future years.
(D) Recommendations for a permanent funding source to cover the cost of the waived fees.
(E) The annual and projected administrative cost to the department.
(F) The annual and projected reimbursement to contractors pursuant to this section.
(2) The requirement for submitting a report imposed under paragraph (1) is inoperative on January 1, 2020, pursuant to Section 10231.5 of the Government Code.
(g) Additional state funds shall not be appropriated for purposes of implementing paragraph (2) of subdivision (c).
(h) For purposes of this section, a “foster youth” means any individual who meets or has ever met one of the following criteria:
(1) A child who was the subject of a petition filed pursuant to Section 300 of the Welfare and Institutions Code and removed from his or her home by the juvenile court pursuant to Section 319 or 361 of the Welfare and Institutions Code.
(2) A child who was the subject of a petition filed pursuant to Section 602 of the Welfare and Institutions Code and removed from his or her home by the juvenile court pursuant to Section 727 of the Welfare and Institutions Code.
(i) For purposes of this section, an “exceptionally gifted pupil” means a pupil who has demonstrated extraordinary aptitude and academic achievement as evaluated and confirmed by a teacher or other school official familiar with the pupil’s academic competency and progress.

SEC. 2.

 Section 76000.5 is added to the Education Code, to read:

76000.5.
 Notwithstanding Section 76000, a pupil under 16 years of age who receives a “certificate of proficiency” pursuant to subdivision (a) of Section 48412, may be admitted to attend a community college only if the community college district determines all of the following:
(a) Admission of the pupil would not displace any regularly admitted community college student who is at least 16 years of age.
(b) There is no evidence that enrollment is unsuitable in light of the pupil’s age and social and emotional development.
(c) The pupil demonstrates an ability to independently function in an adult environment, or a parent or guardian is able to supply appropriate supervision or other support necessary to ensure the pupil’s safety and well-being on the community college campus.

SEC. 3.

 (a) It is the intent of the Legislature that the governing board of a school district consider all of the following alternatives as a means of addressing the unique academic needs of an exceptionally gifted pupil:
(1) Authorizing the pupil to attend a community college as a special part-time or full-time pupil as specified in Sections 48800 and 48800.5 of the Education Code.
(2) Offering the pupil an independent study agreement, as specified in Section 51745 of the Education Code.
(3) Having the pupil demonstrate his or her proficiency so the pupil can be awarded a certificate of proficiency by the State Board of Education pursuant to subdivision (a) of Section 48412 of the Education Code.
(b) The governing board of a school district, in consultation with the parent or guardian of an exceptionally gifted pupil, is encouraged to determine the appropriate option for addressing that pupil’s unique academic needs in light of his or her age, emotional maturity, and readiness to undertake college-level coursework.
(c) For purposes of this section, an “exceptionally gifted pupil” has the same meaning as in subdivision (i) of Section 48412 of the Education Code.