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AB-1354 Juvenile court school pupils: joint transition planning policy: individualized transition plan.(2019-2020)

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Date Published: 10/14/2019 09:00 PM
AB1354:v95#DOCUMENT

Assembly Bill No. 1354
CHAPTER 756

An act to amend Section 48647 of the Education Code, relating to juvenile court school pupils.

[ Approved by Governor  October 11, 2019. Filed with Secretary of State  October 11, 2019. ]

LEGISLATIVE COUNSEL'S DIGEST


AB 1354, Gipson. Juvenile court school pupils: joint transition planning policy: individualized transition plan.
(1) Existing law requires a county office of education and county probation department to have a joint transition planning policy that includes collaboration with relevant local educational agencies to coordinate education and services for youth in the juvenile justice system.
This bill would require, as part of the joint transition planning policy, the county office of education to assign transition oversight responsibilities to existing county office of education personnel who will work in collaboration with the county probation department, as needed, and relevant local educational agencies to ensure that specified transition activities are completed for the pupil, and to facilitate the transfer of, among other things, complete and accurate education records and the pupil’s individualized education plan, when a pupil enters the juvenile court school, as specified.
The bill would require a pupil detained for more than 20 consecutive schooldays to have an individualized transition plan, as specified, to be developed by the county office of education in collaboration with the county probation department, as needed, and to have specified items accessible to the holder of the educational rights of the pupil upon the pupil’s release. The bill would require, for pupils detained for 20 consecutive schooldays or fewer, the pupil’s individualized learning plan, if one exists, to be made available by the county office of education to the pupil upon the pupil’s release. The bill would require the county office of education, in collaboration, as needed, with the county probation department, to establish procedures for the timely, accurate, complete, and confidential transfer of educational records, as specified.
The bill would specify that these provisions also apply to juvenile court schools that are operated by, or as, charter schools.
By imposing additional requirements on county offices of education and certain charter schools, the bill would impose a state-mandated local program.
(2) 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.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: YES   Local Program: YES  

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


SECTION 1.

 (a) The Legislature finds and declares all of the following:
(1) Education transitions, whether upon entering or transferring from a juvenile court school, are critical times when youth in the juvenile justice system can lose or gain academic momentum depending on the support they receive.
(2) Assembly Bill 2276 of the 2013–14 Regular Session (Chapter 901 of the Statutes of 2014) assigned a workgroup the task of making findings and recommendations with regard to transitions for youth in the juvenile justice system.
(3) The workgroup recommendations, as delineated in the Juvenile Court Student Transition Statewide Work Group Report and Recommendations to the Legislature, emphasize the need for timely transfer of records, immediate school enrollment, and acceptance of partial and full credits for coursework completed, as well as the need for designated staff to assist in the transition process.
(b) It is therefore the intent of the Legislature that transition policies, memoranda of understanding, and collaborations among county offices of education, county probation departments, and local educational agencies include designated personnel who ensure adequate transition supports for these vulnerable youth during these critical times.

SEC. 2.

 Section 48647 of the Education Code is amended to read:

48647.
 (a) Local educational agencies are strongly encouraged to enter into memoranda of understanding and create joint policies, systems, including data sharing systems, transition centers, and other joint structures that will allow for the immediate transfer of educational records, create uniform systems for calculating and awarding course credit, and allow for the immediate enrollment of pupils transferring from juvenile court schools.
(b) As part of their existing responsibilities for coordinating education and services for youth in the juvenile justice system, the county office of education and county probation department shall have a joint transition planning policy that includes collaboration with relevant local educational agencies to improve communication regarding dates of release and the educational needs of pupils who have had contact with the juvenile justice system, to coordinate immediate school placement and enrollment, and to ensure that probation officers in the community have the information they need to support the return of pupils who are being transferred from juvenile court schools to public schools in their communities.
(c) As part of the joint transition planning policy required under subdivision (b), the county office of education shall assign transition oversight responsibilities to existing county office of education personnel who will work in collaboration with the county probation department, as needed, and relevant local educational agencies to ensure all of the following:
(1) The transfer of complete and accurate education records, including the pupil’s individualized education program adopted pursuant to the federal Individuals with Disabilities Education Act (20 U.S.C. Sec. 1400 et seq.) and the pupil’s plan adopted pursuant to Section 504 of the federal Rehabilitation Act of 1973 (29 U.S.C. Sec. 794(a)), if applicable, within 72 hours of the pupil’s release from the juvenile detention facility.
(2) Access to information about postsecondary academic and vocational opportunities, including college financial aid programs.
(3) The implementation of the pupil’s transition plan, if one exists.
(d) As part of the joint transition planning policy required under subdivision (b), the county office of education personnel assigned transition oversight responsibilities shall work in collaboration with the county probation department, as needed, and relevant local educational agencies to facilitate all of the following:
(1) The immediate enrollment in an appropriate public school in their community when a pupil is transferred from the juvenile court school.
(2) The acceptance, upon enrollment by the pupil in a public school, of course credits, including partial credits, for coursework completed in the juvenile court school, pursuant to subdivision (b) of Section 51225.2.
(3) The immediate placement in appropriate courses, based on coursework completed by the pupil, pursuant to subdivision (d) of Section 51225.2.
(4) The transfer of complete and accurate education records, including the pupil’s individualized education program adopted pursuant to the federal Individuals with Disabilities Education Act (20 U.S.C. Sec. 1400 et seq.) and the pupil’s plan adopted pursuant to Section 504 of the federal Rehabilitation Act of 1973 (29 U.S.C. Sec. 794(a)), if applicable, when a pupil enters the juvenile court school.
(e) Each pupil detained for more than 20 consecutive schooldays shall have an individualized transition plan developed by the county office of education in collaboration with the county probation department, as needed. The individualized transition plan shall be developed before the pupil’s release and reviewed and revised as needed, and shall address, but not be limited to, both of the following:
(1) The academic, behavioral, social-emotional, and career needs of the pupil.
(2) The identification and engagement of programs, including higher education programs, services, and individuals to support a pupil’s successful transition into and out of the juvenile detention facility.
(f) Each pupil detained for more than 20 consecutive schooldays shall have all of the following accessible to the holder of the educational rights for that pupil upon the pupil’s release from the juvenile detention facility:
(1) School transcripts.
(2) The pupil’s individualized learning plan, if applicable. For purposes of this section, an individualized learning plan is a plan developed collaboratively by a pupil and school personnel that identifies academic and career goals and how the pupil will progress toward meeting those goals.
(3) The pupil’s individualized education program adopted pursuant to the federal Individuals with Disabilities Education Act (20 U.S.C. Sec. 1400 et seq.), if applicable.
(4) The pupil’s plan adopted pursuant to Section 504 of the federal Rehabilitation Act of 1973 (29 U.S.C. Sec. 794(a)), if applicable.
(5) Any academic and vocational assessments.
(6) An analysis of credits completed and needed.
(7) Any certificates or diplomas earned by the pupil.
(g) For each pupil detained for 20 consecutive schooldays or fewer, a copy of the pupil’s individualized learning plan, if one exists, shall be made available by the county office of education to the pupil upon the pupil’s release, if possible.
(h) The county office of education, in collaboration, as needed, with the county probation department, shall establish procedures for the timely, accurate, complete, and confidential transfer of educational records in compliance with state and federal law.
(i) Notwithstanding any other law, this section applies to juvenile court schools that are operated by, or as, charter schools. As used in this section, “county office of education” includes a charter school that serves juvenile court school pupils.

SEC. 3.

 If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.